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CAS-32_7015 SANDY HOOK CIRCLE 25-2400080Thomas 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 Aline Schwartz Shang N. Conklin David H. Schultz 1380 Corporate Center Curve Suite 317 • Fagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com 14 -3> CAMPBELL KNUTSON Professional Association January 13, 2015 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen — Miscellaneous Recording f�-s.. 1=111 Pursuant to your letter of November 19, 2014, enclosed herewith for your file is the original recorded Variance 2014-32 (7015 Sandy Hook Circle). Please note that this Variance was recorded on November 26, 2014 as Torrens Document No. T193893. If you have any questions regarding the above, please give me a call. cjh Enclosure 178739v1 Very truly yours, CAMPBELL KNUTSON Professional Association 1W. �%' N 'C►�� -• Legal Assistant RECEIVED JAN 15 2015 CITY OF CHANHASSEN SCANNED Document No. OFFICE OF THE REGISTRAR OF TITLES T 193893 CARVER COUNTY, MINNESOTA Receipt # Certified Recorded on November 26, 2014 1:27 PM 193893 Cert. # 25982 Fee: $46.00 II I III I I III II III III Registrar of Titles CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2014-32 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approves Planning Case #2014-32 for a 2.7 percent hard surface coverage variance to allow a driveway expansion for a total of 27.7 percent hard cover to permit the construction of a driveway to a single-family home on property zoned Single -Family Residential District located at 7015 Sandy Hook Circle. 2. Pro e . The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 3, Block 3, Colonial Grove at Lotus Lake 2"d Addition. 3. Condition. The variance approval is subject to the following condition: a. The applicant shall apply for a zoning permit prior to construction. 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: November 10, 2014 SCANNED CITY OF CHANHASSEN BY: (SEAL) Thomas A. Furlong, or AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this/ts day of 2014 by Thomas A. Furlong, 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 (N7ARY PIJBLIC ,� meg, KAREN J. ENGELHA a m ! Notary Public tnnesota �`- °` My Commistlan Expire,J_ Jan 37, 2015 14-'tk-)- Chanhassen City Council —November 10, 2014 2. Twelve -inch building address numbers must be installed on each end of the building. Numbers must be of contrasting color. Contact Fire Marshal for additional information. 3. "No Parking Fire Lane" signs will be required. Contact Fire Marshal for specific areas to be signed. Planning: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The applicant shall create a zoning lot and recombine the two properties as one parcel. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Kate Aanenson: Thank you Mayor, members of the City Council. This item did appear before the Planning Commission on their October 21" meeting. The commission voted 4 and 3 against so therefore it gets appealed to the City Council. As you mentioned the property address is 7015 Sandy Hook Circle. This area, they're requesting a hard cover variance to allow them to expand their driveway and create a, expand their property to allow for a driveway and a garage pad. The garage pad itself meets all the requirements of the zoning district as far as setbacks. The problem that they're having then is the 2.7 percent hard surface coverage. The staff had recommended if the Planning Commission wanted to approve it and wanted for mitigation for the variance provide a rain garden that was also shown on the site. There was a lot of back and forth regarding the discussion of the future, the applicant's desire to future put a garage on the site and then the driveway, you'd have to widen the driveway to make the move, turn movement to get to the garage so again they wanted that additional space in the future. So we pointed out at the Planning Commission meeting too your side yard can, as a plan you can put a boat. A camper, those sort of things. Storage can go on your side yard. You don't have to use hard surface coverage as you could with a car but as the applicant's had indicated, when you have people getting in and out of a car all the time it's different than a parked storage on the side of your when you have to do snow removal to get in and out of the vehicle. Again they wanted to provide that pad today to allow for future use of the garage and any structure on that if they stay within the pad limits would then meet the setback requirements so it's the hard surface of the 2.75 that was the problem. The staff did look at several properties in the area that have a larger than a two car garage. There were several in the surrounding properties and in addition we looked at some of the lot sizes. When they project came in in 1980 the, anything over 24 tots was required to do a PUD so when it came in there was lots that were smaller in the area. The subject site is smaller in the 12,632. Smaller than the 15,000 square footage requirements, as are the two properties immediately behind and then the one adjacent are also between 10 and the 12,600 square footage so a little bit of an anomaly there. Those being the smallest lots within the neighborhood. So we looked at some of the surrounding properties. Back in the 1980's we didn't do the detailed surveys that we do now and we found that out when we rezoned a lot of those PUD's that some properties did work without permits. We didn't manage stormwater calculations as we do today. The applicants did come in and go through the correct process to do that so some of the surrounding properties are over the hard surface coverage so while this application isn't today, the surrounding properties are over the 25 percent. Anywhere from 26 to 28 percent. The largest lot adjacent to this one, the property to the south is a little bit larger so that is under the 25 percent. So with that there was a split decision. The staff had put approval conditions, findings and denial but again the Planning Commission went back and forth regarding is it appropriate to do a rain garden? Does that make sense? Can this is something that, 10 SCANNED Chanhassen City Council —November 10, 2014 too much of a variance? I think one of the things that we didn't provide at the Planning Commission was these, we did provide the lot area but we didn't provide whether or not they were over the hard cover and again that's based on our calculation using aerial photography because back between 1980 and when we started doing these in probably 2000 things were sometimes done without permits or off the calculation requirements so with that we did have both findings for the recommendation and I'd be happy to answer any questions you have. Mayor Furlong: Thank you. Questions for staff. Councilwoman Ernst. Councilwoman Ernst: Kate so what are they, what's the hard surface coverage right now? Is it under the maximum percentage? Kate Aanenson: Yes, they're slightly under yeah because then they would be adding the hard cover of approximately 312 square feet for the garage pad and then another 360 feet for the drive approach to get to that pad. Councilwoman Ernst: And when we talk about rain gardens how much typically do rain gardens compensate? What percentage of! Kate Aanenson: The recommendation given from our Water Resources Coordinator was that the volume, it was given a volume area and designed to hold like an additional 6 inch of inundation so that could be accomplished using that but one of the concerns we talked about at the Planning Commission is often, you have the initial owner that wants to maintain it and manage it and feels ownership of those but often times if the property changes hands or sometimes they are not maintained. So there was a concern of whether or not that was an appropriate mitigation technique to apply to this case. Or valid since the other ones are immediately around there don't have that same burden. Councilwoman Ernst: Okay. Mayor Furlong: Other questions for staff. Mr. Laufenburger. Councilman Laufenburger: Thank you. Kate, can you talk a little bit about the, I'm not sure what the technical term. If Terry Jeffery was here he'd be able to tell us but there's a percolation capability of the soil. Is the soil in this area, does it accept water very well or does water tend to run off? Do you know? Kate Aanenson: I believe what the Water Resources Coordinator said based on the type of soils that it's poorly drained and, well there's some that's poorly drained and some that's moderately drained. Well drained so. Councilman Laufenburger: So poorly drained would mean the water would not go into the surface. It would not go into the ground. Instead it would travel across the ground, is that correct? Kate Aanenson: Correct, more clay type. Councilman Laufenburger: More clay type, okay. And where docs this water go? The stuff that. Kate Aanenson: I'll let. Councilman Laufenburger: Mr. Oehme do you know the answer to that question? Paul Oehme: Mayor, City Council members. So the runoff for this area. 11 Chanhassen City Council —November 10, 2014 Councilman Laufenburger: Runoff, that's right Paul Oehme: Would end up primarily in Lotus Lake in this area so the, there is storm sewer on Sandy Hook Circle heads north into Lotus Lake. There's no stormwater treatment, very little stormwater treatment in this area currently. Councilman Laufenburger: Okay so if this soil is less accepting of water than one might assume that all the water, whether it's hard cover water or even the normal water if it comes down in torrents it's going to be runoff as opposed to seep into the ground, is that correct? Paul Oehme: That's correct. Councilman Laufenburger: Okay. Alright. Thank you. Kate you spoke about the hard cover surface of some of the surrounding lots and based on a question that you answered for me earlier today, I think you said that the lot immediately to the north of the subject lot has a hard surface, estimated hard surface of 26.7, is that correct? Kate Aanenson: 26.3. Councilman Laufenburger: 26.3. And then the two lots to, directly behind this property, that would be to the east, they are what percentages? Kate Aanenson: Approximately 28. Councilman Laufenburger: Both of them at 28? Kate Aanenson: Correct. Councilman Laufenburger: Okay. Alright. And presently if we approve this permit 7015 would be at what percentage? Kate Aanenson: 27 point. Mayor Furlong: Seven. Kate Aanenson: Is that what it was? Yeah. Councilman Laufenburger: 27.7. Okay. Alright. So do we have on record that was a variance requested from either of those 3 lots? Either to the north or two to the east that got them to that or was that part of what you were talking about back in the 80's when we didn't have good calculations or good rules in place? Kate Aanenson: I believe that's kind of what happened. People did additions or did minor alterations and for accessory structures and the like and those may not have been calculated to sec what they were for the hard cover as they are today. Councilman Laufenburger: Okay. Alright, thank you. And then one last question. There was some correspondence from neighbors that expressed views about this development, is that correct? Kate Aanenson: Yes. 12 Chanhassen City Council — November 10, 2014 Councilman Laufenburger: Can you just summarize that for us? Kate Aanenson: Yes, thank you for bringing that up. I apologize for not mentioning that. I know some of the neighbors were concerned about the aesthetic view. Again that's where the discussion came in. Now this is about the garage parking pad. That they could see that but again. Councilman Laufenburger: Just to clarify, did some or one neighbor express that? Do you recall? Kate Aanenson: I know for sure one did. Councilman Laufenburger: Okay. So there may have been others but you have, okay. Kate Aanenson: There may have been others but, yeah. And so again that's where we talked about that our ordinance does allow next to your garage, and that's the most common place that someone would store a boat. A camper or snowmobile trailer, those sort of things. Could go there. Could be a summer car that you use so that does meet the setback requirements. So the one thing that could be done, obviously the neighbor could put additional landscaping there or for the mitigation that you may want to apply and that would also provide some additional distractions. Stormwater would be to provide some additional landscaping on the property line to screen. Effectively screen that. Councilman Laufenburger: What you're saying is that could be a condition that we put in place to approve this would be requiring some landscape on the homeowner of 7015 to eliminate that visual aesthetic problem, is that right? Kate Aanenson: That's correct. Councilman Laufenburger: Okay. Is there enough setback between these two homes to allow that? Kate Aanenson: Yes. It's over 10 feet. Just over 10 feet. Councilman Laufenburger: Okay, alright. Okay, thank you very much Kate. Appreciate it. That's my questions Mr. Mayor. Mayor Furlong: We'll start with Mr. McDonald and then Councilwoman Tjornhom. Councilman McDonald: Yes Kate, in reading through this I see that what they're saying is one of the future plans would be to add a third stall. If we give this variance would they still have to come back to the council at that point if they decide to build a third stall and ask for a variance or? Kate Aanenson: No, because the hard cover would already be calculated if they stay on the existing pad. Paved parking area that they're providing so they, we did look at that. It does meet all the setback requirements so that would just be a building permit. We still do a zoning check on it but to make sure it's staying within that pad but no, they would not need to come back for a variance. Councilman McDonald: Okay. And then Mr. Oehme a question on the water. Where does the water run to? Is there a holding pond or does it go straight into the lake or what's the path of the water? Paul Oehme: Sure. Councilman McDonald. So there is storm sewer within Sandy Hook Circle here but this neighborhood was developed in the 80's and at that time there was no stormwater management practices. Water quality improvements required at that time so there's very little stormwater water 13 Chanhassen City Council —November 10, 2014 quality, water quantity improvements in this neighborhood. Just last year we did resurface and reconstruct these streets in this neighborhood. We did add some stormwater improvements within the right-of-way but very little opportunity to do a full storm sewer improvement project that we would per se when a development would come in. Councilman McDonald: And in the past when we've had say, not necessarily significant but above normal rain events, have we had water problems in this area? Paul Oehme: I think in this area, I know Cheyenne has had some water problems. I don't think Sandy Hook Circle that I'm aware of has had any. Dakota Circle at the western end I know has had some water problems. I know there's been some background drainage issues in this neighborhood too but for the condition, the type of the road that's out here and the age of the streets and the age of the neighborhood, I think it's pretty similar to what we see in other neighborhoods within the community. Councilman McDonald: Okay, so there are curb and gutters in this neighborhood? Paul Oehme: There, bituminous curb and gutters in the majority of the neighborhood. I think Sandy Hook Circle is a little bit newer neighborhood and that does have storm concrete curb and gutter in it. On it but the majority of this neighborhood does not. Have concrete curb and gutter. Councilman McDonald: Okay, thank you. No more questions. Mayor Furlong: Thank you. Councilwoman Tjornhom. Councilwoman Tjornhom: Yeah Kate during the Planning Commission meeting it seemed like there was some discussion whether or not the rain garden was justifiable and if it would be implemented correctly and maintained but part of their proposal was you know to mitigate with this rain garden. Have we done that before for people? I don't recall that that, it's kind of been like a bargaining chip to say that? Kate Aanenson: Well obviously sometimes with a variance then you may want to provide a mitigation measure to reduce the impact so I think that's where the Planning Commission was struggling on this when you do these small of a ones. That's why I think if we looked at the landscaping and that those trees also provide some extraction of holding, of maybe doing a swale over that way would probably be more effective. I think that's where the Planning Commission was wrestling back and forth, trying to do something that small. Would it be maintained? Would it be effective? Councilwoman Tjornhom: And what's your professional opinion? Kate Aanenson: I think I'll let Paul answer that question. Paul Oehme: So I think if it's done right it can be effective and like I think staff has indicated prior it's the long term maintenance, upkeep of the rain water gardens that we're struggling with I think. There's just, you just can't build them and walk away from. There's ongoing maintenance. You have to clean them out and make sure the vegetation is performing like it should and there's typically an under drain system there that has to be cleaned out regularly so those type of things you know we're, we're I guess we're concerned with long term. Mayor Furlong: What's an under grade system? Paul Oehme: Under drain. 14 Chanhassen City Council — November 10, 2014 Mayor Furlong: Under drain? Paul Oehme: Drain tile typically. For these. Mayor Furlong: So it's not just digging out an area and planting plants? Paul Oehme: Well typically in these heavier clay soil areas you have to have some sort of under drain system to allow the water to go. To release itself. Typically you design the rain water gardens to hold water for maybe a 12 hour or 24 hour period and then it should go away just so the plants have the viability of living so it's an engineered system so you just can't dig a hold and help the system work so. Mayor Furlong: Thank you. Councilwoman Tjornhom, sorry for the interruption. Councilwoman Tjornhom: No, you're not interrupting at all but I mean you do raise some good points that I know in the past years we've had that discussion before about rain gardens and if they'd be maintained. Who does it you know and you know what's their future or their life expectancy so I'm sure does Terry Jeffery or does someone track that so we kind of have answers? Paul Oehme: We, you know where we've put these in on private properties in the past we've had maintenance agreements that for perpetuity of the property so, and they're supposed to, property owners are supposed to submit or keep track at least of records of their maintenance responsibilities over the years so it's, we only have a few of them in town right now but if we have a large volume coming in, I mean that's the thing that we're going to be struggling with. How to keep track of the maintenance of those things. Mayor Furlong: Mr. McDonald, Councilman McDonald: Yeah I've got a follow-up for that. A couple years ago you know we incorporated rain gardens as part of, up at Minnewashta and that area where we redid all the streets and stuff and we had a number of problems. We did a number of things up there. How many people actually signed up to do a rain garden up there? Paul Oehme: Well initially we had I think right around 20 and what actually got built was I think 6 or 7 of them. Councilman McDonald: And then what's our history with those particular rain gardens? Are they still working? Are people following up? Paul Oehme: I think the ones that we built that are in Minnewashta Heights are working at this current time. I was just out there last week and they look great from a visual standpoint so I think those have been maintained and are doing fine right now. It's just, it's only been in the ground for now 2 years or 3 years now so we don't really have a history there yet of how long term maintenance will perform in that area. Councilman McDonald: Well in your opinion then when we put these in, does there need to be an agreement in place with the City about maintenance and making sure that it actually does what everybody intended it to do when they put it in the ground? Paul Oehme: Yeah, absolutely. Absolutely. With all the rain gardens that we have installed that are privately maintained there always has been an agreement associated with the installations. 15 Chanhassen City Council —November 10, 2014 Councilman McDonald: And then I'm not sure if it's you or Ms. Aanenson here, is there an agreement in place with the people at this home to do a rain garden? Kate Aanenson: That would be a condition of approval. I'm just checking on that to see if that was one of our conditions of approval. If that was done. If not then it certainly should be if that's the direction you're going. I think part of the challenge is for, if it's going to go over, there's a compelling reason for water resources to say, well if we're going to go over we should try to mitigate somehow and that's why I was kind of looking at the other option if there's concern about long term maintenance of this, to look at another way to provide some of that would be with the buffer and that would solve another issue with the property owners to the north and provide some extraction with some shrubs. Councilman McDonald: Okay so the better way to address this would be with a buffer between the yards? Kate Aanenson: It's another way. I don't want to say it's the better way. Mayor Furlong: Can V Kate Aanenson: Yep. Mayor Furlong: If I can ask a question. And I'm just trying to understand, and maybe backing up to the 10,000 foot level. The property has a two car garage currently, correct? Kate Aanenson: Correct. Mayor Furlong: And they want to add the triangle piece if you will that would go to a third stall when they eventually build it, but also to build not only the driveway but basically the parking area for where somebody could park a car or vehicle or trailer or whatever. Kate Aanenson: Correct. Mayor Furlong: Similar to any house with a third stall so, so that's their request. Is the, so I guess I'm just trying to keep the request in perspective here as we talk about some things. With regard to, I'm sorry Mr. McDonald did you have some more questions or I've got a couple follow up ones. Councilman McDonald: Well I have a couple but go ahead. You may you know do mine and then I won't have to do mine. Mayor Furlong: Okay. The questions I had, and maybe this following up a little bit on Mr. Laufenburger's questions about the other properties nearby. Those properties have, are above the 25 percent ordinance level of impervious surface coverage. I think you mentioned 26.3 and a couple of 28 percent out there, correct? Kate Aanenson: That's correct. Mayor Furlong: Are those properties, parcels are they also, are they at the standard 15,000 square foot level or are they. Kate Aanenson: They're also smaller. Mayor Furlong: They're also smaller similar to this property. 16 Chanhassen City Council —November 10, 2014 Kate Aaneuson: Correct. Mayor Furlong: The development here I heard was built in the 1980's. When did our stormwater management practices come into play where we established the 25 percent, do you recall? Kate Aanenson: Late 1995, 96, 97, something like that. Todd Gerhardt: Mid to late 90's. Mayor Furlong: Mid to late 90's? Kate Aanenson: Yeah. Mayor Furlong: Okay. And the 25 percent was established based upon the standard, well it's a percent of whatever the lot is but we have the standard lot size of 15,000 square feet is our standard now. Kate Aaneason: Correct. Mayor Furlong: You're saying the way this development occurred, because it was a PUD and because of the ordinance and the requirements of that time, some lots were larger. Some were smaller. Kate Aanenson: That's correct. Mayor Furlong: But this one happens to be smaller, as are the neighboring properties. We don't know when the neighboring properties necessarily, or maybe we do. I mean they could have expanded beyond that at any point in time from when their house was first built until whenever. Kate Aanenson: Could have added a porch on. Could have widen the driveway. We don't know. Mayor Furlong: Yep, exactly. Okay, alright. But we do know that none of them put in any rain gardens when they did that I'm assuming anyway. We don't know that they did. Kate Aanenson: Right. And maybe they got permitted. I'm not saying somebody did something without getting a permit but we didn't check that level of detail. Mayor Furlong: Yeah, okay. And I'm just trying to get, understanding get back to the basics of what the request is here and what the, because our standard I think, as far as the considerations that we look at and just looking at the proposed Findings of Fact there are questions about whether or not this is in harmony of the general purposes of the development code which in this case would be single family residential, and by in harmony I mean the request right? The request to put in a driveway for a third stall and what would eventually be the third stall and whether or not they put, build even the roof and the walls over it right now or later on. Are there other 3 car, homes with 3 car garages in the neighborhood? Kate Aanenson: Ycs. Mayor Furlong: Okay. And I assume they have a similar type driveway that you need for a 3 car garage. Kate Aanenson: Yes. 17 Chanhassen City Council — November 10, 2014 Mayor Furlong: At that point so, okay. I may ask for comments but I think I'm understanding what I need to understand. Thank you. Councilwoman Tjomhom: And, if I could just ask one. Mayor Furlong: Councilwoman Tjomhom. Councilwoman Tjornhom: One just to clarify one more thing. What is the actual percentage that they are needing? Kate Aanenson: 27 point. Todd Gerhardt: 2.7. Councilwoman Tjornhom: 2.7. Kate Aanenson: Sorry, additional for a total of 27.7. Mayor Furlong: And Councilwoman Tjomhom your question had something that I was going to ask if I could. While they're going to 27.7 percent, that's based upon their lot size of 12,600 square feet. Kate Aanenson: That's correct. Mayor Furlong: If this was a standard lot size of 15,000 they would be under the 25 percent and we wouldn't be talking about it correct. Kate Aanenson: Yes. Yes. Mayor Furlong: Okay. Ahight. Because I think it works out too if I'm doing my math correct, which is always dangerous, the 27.7 works out to about, a square footage of about 3,500 of impervious coverage that they would be allowed which is 23 percent of a 15,000 square foot. 23 plus or minus percent so that was the other question and thank you for asking that because it's, if it was a standard lot we wouldn't be here talking about this. Thank you. Other questions for staff? Councilman Laufenburger: One but I want to give Mr. McDonald an opportunity if his question is not asked. Councilman McDonald: I think I'm all done. I'll have further questions when we discuss the motion. Mayor Furlong: That's right. At this time. You've got to remember at this time. Councilman McDonald: At this time, that's right. Mayor Furlong: Yes, Mr. Laufenburger, did you have a question? Councilman Laufenburger: I do. Mr. Oehme, when you talk about a rain garden I'm picturing an area, I don't know let's just say it's 10 feet by 15 feet. That would be 150 square feet right? I'm picturing a 10 foot by 15 foot area that has vegetation in it and it also has kind of a cup so it would accumulate water correct? Paul Oehme: A depression correct, yep. 18 Chanhassen City Council —November 10, 2014 Councilman Laufenburger: A depression, okay. That's a better word than cup. So the depression accumulates the water and the idea of a rein garden is that the water would settle over like a 12 how period of time, is that correct? Paul Oehme: Correct. Councilman Laufenburger: That's in a good situation. Then you also put a drain file at the bottom that would dissipate in addition to the percolation of the water it would dissipate to some other area like a storm sewer correct? Paul Oehme: Yeah in certain situations you need that tile. If you have very sandy soils then you just get that infiltration and it goes away. Councilman Laufenburger: It goes away. Paul Oehme: Right. Councilman Laufenburger: These are not sandy soils. Paul Oehme: These are not sandy soils. Councilman Laufenburger: So do you think this rain garden if water's sitting in clay soil for 12 hours, is it going to dissipate or is it going to stay there? What, your professional opinion. Paul Oehme: Well again so for rain gardens they are engineered so in clay, tighter soils typically you would have to make the depression. You would have to replace some of the soils with more sandy soils. You put the drain tile around it for water to go someplace and. Councilman Laufenburger: The water would then go to. Paul Oehme: Go to the tile so it has some ability, the water would still have some ability to sit there and infiltrate into the soils but under those larger storm events it still has someplace for it to discharge. Councilman Laufenburger: And it would go through the drain tile which would take it to? Paul Oehme: To I think there's storm sewer that's under. Councilman Laufenburger: And it would then go to. Paul Oehme: Into Sandy Hook Circle and into the storm sewer system. Councilman Laufenburger: And then go to. Paul Oehme: The lake. Councilman Laufenburger: Exactly. Paul Oehme: Lotus Lake. Councilman Laufenburger: Okay, so the water's eventually going to go to Lotus Lake. 19 LL.a Chanhassen City Council — November 10, 2014 Paul Oehme: Right. Councilman Laufenburger: Here's my, oh excuse me. That was my last question. Thank you Mr. Mayor. Todd Gerhardt: Mayor? Mayor Furlong: Yes. Todd Gerhardt: Paul for a rain garden to fail the drainage system would have to be silted in and then there would be basically no outlet and then you would have a pond in your front yard. PaulOebme: Potentially, Todd Gerhardt: So my guess a homeowner doesn't want a pond in his front yard so he's going to try to figure out how to fix it. Right? Paul Oehme: Right. Councilman Laufenburger: Unless he wants mosquitoes in his front yard. Todd Gerhardt: Right so. Paul Oehme: Or if it fills in too it's just not holding the capacity that it was originally designed for. Todd Gerhardt: Right. It's going to fill up and then go over and sheet drain to the lowest point. Paul Oehme: Potentially. Todd Gerhardt: In the area. So we know when they're not working so that's a good thing so then we can get out there and fix them. We have them at Lake Ann off of Laredo and then we put in a couple up off of Hummingbird so. Councilman Laufenburger: Oh yeah. Paul Oehme: We just put one in in last year's street project too. Todd Gerhardt: Yeah. Mayor Furlong: But they take effort. They take maintenance. They take monitoring. They take, from what I'm hearing engineering design, construction costs and it's not as simple a putting a depression in your front yard. Todd Gerhardt: No. Mayor Furlong: Let me try to move on here. Is the applicant here? Is it Mr. Kolbow, is that how you pronounce your name. Is he here? Is there anything you'd like to address the council or any comments you'd like to make? Rick Kolbow: I just have, Terry Jeffery sent. 20 Chanhassen City Council —November 10, 2014 Mayor Furlong: If you don't mind coming up to the podium here and stating your name and address for the record, for those at home. And for our recorder. Thank you, good evening. Rick Kolbow: I'm Rick Kolbow, 7015 Sandy Hook Circle. Mayor Furlong: Welcome. Rick Kolbow: Terry had sent this, I know there were some questions regarding that. I sent it over but I think it didn't get transferred in the email. I saw that it was, his email came through but it did not show the photo. Mayor Furlong: Okay. Rick Kolbow: So he came up with 119 square feet. That would be the area that would compensate for the 341 square feet which is what I was looking for which is the, you know the 2.7 percent I guess. Mayor Furlong: Okay. Rick Kolbow: So I don't know if you guys wanted to look at that. Okay. So other than that, you know we're just trying to improve our property. You know we're doing some construction now. Originally we thought that while we're doing that I could make a third parking area with the hope of in the future putting a third stall garage there. That was our intent. We've got teenage daughters. We've got 4 cars. We're switching around. It's a real hassle. I kind of wrote an addendum with some of the things. Just talking about you know we, we I think originally I thought maybe we could put down some gravel but I didn't realize the city code required bituminous or concrete or some sort of so we would agree to that. And the other was you know we agreed to compensate for the 341 square feet with a rain garden and went through Terry to try and figure out the design and the size and it's everything that you guys described. It's kind of a bowl. You've got an under drain system. You dig it down. You fill it with you know real pervious gravel or soil at the bottom and so, and it's from our standpoint it's not something we wouldn't not want to maintain. I mean we spent a lot of money on our home and our lawn and, not to mention this parking area. The last thing I want to have is this kind of a pool of water sitting down there. And in fact we had even talked about putting a, kind of a rain garden of sorts in that area anyway so this all fit. It's like oh, well this is already something we were going to do just to kind of pretty up that area. And it's not a big area. 119 square feet. You know it's like 10 by 11 or whatever. 10 by whatever the math is but, but that's what he was saying would compensate if we had to build a little bit bigger than we'd have to do that and it may even actually be bigger because aesthetically it might look a little better maybe if we have a triangle type shaped thing or something but some of the other issues, you know the, we have to deal with is you know we have multiple cars. We have guests coming over. We have things so we've got winter and we've got a plowing issue. In fact this morning one of our contractors pulled up. Couldn't pull in our driveway because we had 2 cars in the drive. 2 in our garage and he parked out in the street so then he plowed around and then, so then there's a big bank sitting there half the day and from our standpoint we don't like that. I mean we're trying to make our neighbors happy as well as make the safe environment. There were some letters, I know the neighbors or 3 neighbors that wrote letters of recommendation and then there's one neighbor that is opposed to it. The neighbors that wrote recommendations are across the street, next door to the south, and kitty corner across the street. The other neighbor is right here and he's to the north so we've had discussions about arborvitaes. Some kind of blocking. You know tall bush or something like that which we'd be willing to do. The other thing is that I'd like to point out is, you know we have 300. We're over by 341 square feet. To meet the 25 percent we still have like right now 330 square feet or roughly so our intention was to maybe do something with that. Right now I have a boat and I can park a boat and a trailer according to your code on an unimproved 21 Cbanbasson City Council — November 10, 2014 surface. That has a big cover on it. That water runs off the cover. I mean essentially is acting like a you know hard surface. You know the water's going to run off in the same place the water would run off the pad. I'm trying to improve the area where I put that boat and have the ability to put a car there. So you know all I'm asking for is a little bit more distance along the side of our garage rather than going about a quarter or half the way along the side of our garage, I can go the extra 15 feet and then I you know have more because otherwise I'll end up parking a car there and then I'll put the boat back there. The surface is still being in the same use and the same runoff so if I get the extra 15 feet now I'm putting in a rain garden. I've got bushes. I've got you know, and I have the ability then if at a later date to build a garage that can be a deeper garage versus a 15 foot deep garage and it meets the setbacks. I think I was looking at, you know we're 48 feet away from that other home so even if I add 12 feet I'm still at 36 feet away from that other home. Mayor Furlong: I'm sorry, which home is that? The home to the north? Rick Kolbow: The home to the north. Mayor Furlong: Currently you're how far? Rick Kolbow: 48 feet. So there's a big distance there so if we go you know 12 feet out with a pad, or a garage, I'm still 36 feet and from the property line I'm 13. Mayor Furlong: 13. With the pad in place you're still 13 feet. Rick Kolbow: Right. Mayor Furlong: From the property line. Rick Kolbow: From the property line and then the other distance is the other homeowner's distance. Mayor Furlong: Alright. And what's the setback Ms. Aanenson? Kate Aaronson: 10 feet. Mayor Furlong: 10 feet. Rick Kolbow: So I'm within that by 3 feet. So some of the other homes, in fact that home is tighter on the other, they have a third stall and they're 27 feet so I'm actually you know I'm going to be 36 feet. They're actually tighter on the other side so there's a lot of homes that are, this wouldn't, you know our home wouldn't stand out because it's right next to another home. But one of, you know from an aesthetics standpoint that's important but there's the other thing is you know with parking and rotating the cars on the street, I wrote this addendum because we have a lot of little kids in that neighborhood. Our neighborhood has turned over and there's literally 10 kids probably, or what I wrote down. Is it 15 or 10? 15 kids. There's 15 kids under 10 years old and with the cars in the street, we're in a circle so we don't get a ton of traffic but I just don't like the idea of the cars out there. I don't like the kids kind of popping out from the edge of the car and somebody's driving by so I'm trying to do, get our cars off. Get our you know things off the street and make it aesthetically pleasing. Mayor Furlong: Okay. Great, thank you Rick Kolbow: That's all I really have. 22 Chanhassen City Council —November 10, 2014 Mayor Furlong: Anybody have any questions for Mr. Kolbow? Mr. McDonald Councilman McDonald: I've got a couple for you. Where would the rain garden go? Between you and your neighbor to the north or would it go on another part of the property? Where were you planning on putting it? Rick Kolbow: It'd go to the north and it would be toward the street so it intersect any water running off that area. We have a Swale that we've, through this construction I'm doing now where I created a swale. Well there was actually one there before and we've just made it better so it, it comes around so that water, any water would run off that pad and it would be, actually there's a mound between us and the neighbor too so it'd stay on our property and it would run towards the street and that's where the rain garden would be. So I even thought I'd make, I'd put some rocks to kind of break up that water if it's flowing fast and then maybe it would hit the rain garden. I'm trying to aesthetically pleasing as well as make it functional. Councilman McDonald: Okay. Mr. Jeffery ha explained to you what you know rain gardens really are and it's more than just planting stuff in a swale. You've got to be able to take care of it. You understand all of that? Rick Kolbow: Right. Councilman McDonald: And you're willing to go ahead and do that as far as the maintenance and make sure that we don't end up with a failed rain garden. And then the other problem that you know came up that I'd just like to know how you would want to address that is evidently the view from your neighbor looking at this, you know that's something that they're very concerned about. Rick Kolbow: Right. Councilman McDonald: A rain garden isn't necessarily going to take care of that because if you're pushing that more toward the front, what would be your plans as far as that side yard? Rick Kolbow: Well we talked about some tall bushes. Some arborvitaes. Something of that sort and that would be on, near the property line. I would work with our neighbor and decide you know where's a good area to put these. They don't have any windows on that side of the house. It's the view from the driveway or their front steps or walkway. Councilman McDonald: Okay. Rick Kolbow: That's, there's a big pine tree on one side so it's just that view. So that would be the line. There would be probably a, it's really a span from me to the wall or less that would probably plant some arborvitaes or whatever we come up with that's agreeable. Councilman McDonald: Okay. Mayor Furlong: We don't, if I could interrupt real quick. We don't have our monitors working but there were pictures I think in the electronic packet. It's on page 242 of those pictures. Rick Kolbow: The view from one side and view from another. Mayor Furlong: Right, a view from one side and then view to the other. Rick Kolbow: You know if there was a. 23 Chanhassen City Council — November 10, 2014 Mayor Furlong: And I guess for clarification, you're saying there's about 48 feet between the two homes currently. Rick Kolbow: Correct. Mayor Furlong: And so you're about 25 feet from your property line. I'm just doing again dangerous math out loud but 12 feet for a pad and then you'd still have 13. Rick Kolbow: Yeah, about 12 feet and, well. Yeah, something like that. Mayor Furlong: So I'm guessing there's about 23 feet from the property line then to your house. Correct? Rick Kolbow: Probably yeah. Yeah, that's right. 13 and 12 so, right. Mayor Furlong: So there's quite a bit of difference on both side yards there Rick Kolbow: Right. Mayor Furlong: Quite a bit of distance I should say, not difference. Distance so okay. Any other questions of Mr. Kolbow? No, thank you very much. Rick Kolbow: I just had one thing. I own a water treatment environmental company so it's not something that goes lightly for me to have untreated water. I'm treating water all over the country and it's contaminated with gasoline. It's contaminated with chlorinates, all this, we filter it. We absorb it. I mean we have big scale stuff so I'm not you know new to the drain tile. The, you know exactly what Terry sent over. I just didn't know the size but we're really familiar with what's going on and it's not something that I would kind of skimp on in my own home so. Mayor Furlong: Okay, that's good to know, thank you. Ahight with that maybe we should, questions for, I guess we had questions for staff and council. If there's any comments that councilors would like to make. Bring it back to the council for comments. There was nobody appeared at the Planning Commission public hearing based upon the Minutes I looked at. There were some letters and correspondence from, that are included in our packet from neighbors so the council has taken a look at those so thoughts and comments from the council standpoint? Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. First of all I think that the considering the size of the lot and the 341 square feet that Mr. Kolbow is asking for to bring it to a 27.71 think the fact that he is now here going through this, and I'll use the word laborious process and he's being very patient with us, I think he should be able to expand to a 27.7 percent hard cover. And the other thing that I, I'm really attentive to and that is the types of soils that are here. While I appreciate that Mr. Kolbow is willing to do a min garden, Ms. Aanenson has already said that a min garden isn't necessarily the only way to mitigate this. That some landscaping could do some of that mitigation but I think the fact that the soils are so clay laden, I don't think that a rain garden would, I think a rain garden would likely be more problems for the City and even for Mr. Kolbow than it's worth so I would be in favor of approving this variance at 27.7 percent and I would not require a min garden. If Mr. Kolbow decides that that's the landscaping that he would like to do, I think that's great but I would not want to put a burden on the City to have to go out and check on Mr. Kolbow's rain garden every year. That's, I'm going to use this term. I think that's more red tape than we need our city to be responsible for so that's my view on this. And I like the fact that he would work with his neighbor to figure out what kind of landscaping would be in order in order to 24 Chanhassen City Council — November 10, 2014 provide a visually pleasing situation. And by the way, any neighbor can put a tree anywhere they want on their property I believe, is that true Ms. Aanenson? Kate Aanenson: Yes. Councilman Laufenburger: Except well if they put it in the right-of-way they're putting it at risk of potentially. Kate Aanenson: Correct. Councilman Laufenburger: Oh yeah so. Kate Aanenson: Or an active easement. We check on that. That's like 5 feet on the perimeter. Councilman Laufenburger: Is there an active easement on this? Kate Aanenson: I'm not sure but you still have enough room on the other side of the easement, yeah. Councilman Laufenburger: So I think we can let the neighbors work it out on what visually would be appealing. That's my view. Mayor Furlong: Other thoughts and comments? Councilwoman Tjomhom. Councilwoman Tjornhom: Yeah I think I'm kind of on the same page as Councihnember Laufenburgcr. I think the problem isn't what's being proposed. I think the problem is the lot size and so I think it's more than reasonable for him to be able to add an additional parking spot. His comments regarding safety in the street and not parking in the street were very accurate and thoughtful and so I am going to be supporting him being able to get this variance. Mayor Furlong: Okay, thanks. Councilwoman Ernst. Councilwoman Ernst: Yes, I agree as well. I would support the 27.7 percent variance for the hard surface coverage and you know I really like it when we can, the City can work with our residents to try and come up with a positive solution that is a win/win situation and obviously the applicant has really come up with some ways to really compensate for the hard surface and I really like when a resident will come in and present with ideas as to how you can collaborate on such an issue and so I really appreciate you coming in and I have great confidence in the fact that you know you'll work with your neighbors. Obviously you've agreed to plant trees or whatever for the landscaping and in terms of the rain garden, it sounds like you really want to do that anyway so I would encourage you to do that if that's what you want to do but definitely I agree with Councilman Laufenburger. I don't think the City would have to check up on to make sure that the rain garden is being maintained so. Mayor Furlong: Thank you. Mr. McDonald, thoughts. Comments. Councilman McDonald: Well one of the things I looked at in this is a couple years ago we've had some people down in West 96' Street come in and it was the same problem there was use of their property and they rain into the hard surface and a few other things but you looked at the nature of, or at least I looked at the nature of the neighborhood. What they wanted to do fit in with the neighborhood. It was not something that was different or was actually going to draw any kind of a I think a bad connotation down there. So you know based upon that I'd be in favor of it. I asked a lot of questions about the rain garden too because I don't think the City ought to be checking in on this. We've got enough to do. I applaud 25 Chanhassen City Council — November 10, 2014 you if you want to do it. If you understand how they work and all like that but if you move in 3 or 4 Years, what do we do about the person who buys your house? I just don't drink the City needs to get into that. You understand what the problems are. You seem to be addressing them as far as the landscaping and there's other issues to look at so I would applaud you for that. I mean I'd be in favor of it too because again I think you're doing nothing that's out of the ordinary within your neighborhood. There's quite a few homes there with 3 car garages so it's not as though you're asking for something any different and as the Mayor says, if it wasn't for the lot size we probably wouldn't even be having a conversation so I'd be in favor of doing it and as Mr. Laufenburger stated, l think 1'd also be in favor of not having anything in there about a rain garden requirement. Mayor Furlong: So no conditions on. Councilman McDonald: As far as a rain garden. Mayor Furlong: Really no conditions. Just approval without conditions. Yeah and that's exactly where I am too and I appreciate the comments from the council members. Again the request here, while it is, exceeds the standard 25 percent for hard surface coverage, the issue is practically, the practical issue is the lot size relative to the current lot size. The current standards with, upon which that 25 percent is based. Practically we're looking at putting in the equivalent area that would be a third stall. Not initially but eventually perhaps at the property owner's desire and then the driveway to access that. Very typical. Very, as Mr. McDonald said, certainly in keeping with other homes in the neighborhood from the standard of Findings of Fact certainly in harmony with other homes in the neighborhood. The lot size obviously is an issue. When we just had 3 examples of the property I think it was to the north and two to the east that were of similar size that were also over the hard surface coverage by about a similar amount so you know to grant the variance I think makes sense for all those reasons. I agree, putting additional conditions upon him for a rain garden to me is over kill and the landscaping issues, if the neighbors, you know they both have it sounds like pretty wide side yards. Much wider than what we see in some of our current developments. There's plenty of room on either property I think for trees or bushes or whatever people want to plant. To plant if they want to do that. It looks like there's already some big pine trees and some other trees in between there and people are free to plant bushes or trees or anything they want on their property. You know so I think there again there's no reason to add any conditions at that point so I think from my standpoint it sounds like the rest of the council concurs, certainly approval of the variance request without conditions would be my position so, with that unless there are additional comments would somebody like to make a motion? Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Mr. Mayor I move that the Chan, excuse me one moment. Mayor Furlong: Chanhassen, Councilman Laufenburger: I move the Chanhassen City Council approves the request for a hard surface coverage variance and use of gravel and adopts the attached Findings of Fact and Decision without a condition for a rain garden. Mayor Furlong: Or landscaping. Councilman Laufenburger: Or landscaping 26 Chanhassen City Council — November 10, 2014 Mayor Furlong: Correct. And just for point of clarification, are the conditions for approval, those are the facts. Kate Aanenson: Yeah, there are Findings of Fact for approval in your packet. Mayor Furlong: For approval. Kate Aanenson: Yes. Mayor Furlong: And those would be the adoption of those Facts. Councilman Laufenburger: Yes. Mayor Furlong: Thank you for clarifying that. Is there a second? Councilwoman Tjornhom: Second. Councilman McDonald: Second. Mayor Furlong: I've got lots of seconds tonight. I'm glad everybody's engaged. Do you want to give that one to Councilwoman Tjornhom? Alright, thank you Mr. McDonald. Councilwoman Tjornhom seconds that motion. Is there any discussion of the motion? Hearing none we'll proceed with the vote. Councilman Laufenburger moved, Councilwoman Tjorahom seconded that the Chanhassen City Council approves the request for a 2.7 percent hard surface coverage variance and use of gravel and adopts the attached Findings of Fact and Decision with no condition for a rain garden or landscaping. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Mayor Furlong: I'll start by congratulating Mayor elect Denny Laufenburger and in the audience tonight are two council members elect, Elise Ryan and Dan Campion are here so congratulations to all three of them for their success in last week's election. Look forward to their service on the council in the coming 4 years. And also a thanks I'd like to extend earlier tonight the Council sat as the canvassing board which is the official adoption of the results of the election and Karen Engelhardt who is, leads our election process here in the city of Cbanhassen, was there presenting the results. She does a fantastic job. Has been doing it year in and year out and I know Mr. Gerhardt maybe you could expand a little bit on the time but I'd like to thank her. All the election judges. Everybody that was involved with the election. It was a very, very smooth process. Mr. Gerhardt, your thoughts. Todd Gerhardt: Very smooth process. You know the judges, we have I think most if not all of the judges start like at 5:30 in the morning and they go until, until the polls close and if they don't have any problems they can go home but some have to stay there until midnight if they had a jammed ballot so it's just some of the little things but it's unbelievable the detail that you get into and the rules and regulations that are involved with the election process and to Karen and Kim and the rest of the judges, thank them for giving of their time and making sure we have an open and honest process so great job. Mayor Furlong: Great, thank you. Any other comments with council presentations? If not, Mr. Gerhardt. 27 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 11/19/14 2014-32 ATTENTION Carole Hoeft RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples El Specifications El Change Order El Pay Request Il COPIES DATE NO. DESCRIPTION 1 11/10/14 14-32 Variance 2014-32 7015 Sandy Hook Circle ❑ FORBIDS DUE THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Rick Kolbow, 7015 Sandy Hook Circle SIGNED. Kim Weuwissn, (952) 227-1107 SCANNED H enclosures are not as noted, kindly no ft us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2014-32 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approves Planning Case #2014-32 for a 2.7 percent hard surface coverage variance to allow a driveway expansion for a total of 27.7 percent hard cover to permit the construction of a driveway to a single-family home on property zoned Single -Family Residential District located at 7015 Sandy Hook Circle. 2. Pro e . The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 3, Block 3, Colonial Grove at Lotus Lake 2°d Addition. 3. Condition. The variance approval is subject to the following condition: a. The applicant shall apply for a zoning permit prior to construction. 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: November 10, 2014 CITY OF CRANHASSEN BY: � k� (SEAL) Tho/meas A. Furlong, biljor AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this fg-%y of , 2014 by Thomas A. Furlong, 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. N ARYPJJBLIC KAREN J. ENGELHARDT �' Notary Public -Minnesota ;;-- My c nnialon Faores Jan 31, 2015 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 201452 .NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, October 21, 2014, at 7:00 P.M. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a variance to exceed the impervious surface limitation to construct a driveway on property zoned Single Family Residential (RSF) and located at 7015 Sandy Hook Circle. Applicaut/Owner. Rick Kolbow 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/2014-32 or at City Hall duringregular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. RobertGenerous, AICP. Senior Planner Email: bgenerous® ci.chanhassen.mn.us Phone: 952-227-1131 Vblished in the illager on Thursday, Ober 9 ssen V , 2014 No 4024) 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 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.Wl) 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: abcdefghijklinnopqrstTwxyz ��/✓"'w !tet- [ �d W �l rrLP�-'t"i Laurie A. Hartmann Subscribed and sworn before me on this T , d !ay of 0 C 2014 JYMME JEANNE7E BARK NOTARY PI;R1C • M .NNESOTA � 10'COIAMi9310NE�RESCL31"B 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 SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Rick D. & Julie Ann Kolbow for a 2.7 percent variance from the maximum hard surface coverage requirement (25 percent)for a driveway expansion and to allow a gravel parking area on property zoned Single -Family Residential (RSF) — Planning Case 2014-32. On November 10, 2014, Chanhassen City Council met at its regularly scheduled meeting to consider the application. Chanhassen City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: Lot 3, Block 3, Colonial Grove at Lotus Lake 2nd Addition, Carver County, Minnesota 4. The Chanhassen Planning Commission held a public hearing on October 21, 2014 to review the application. The Planning Commission tied on a vote of 3 to 3 on a motion for approval of the variance, which results in no recommendation to City Council. 5. Variance Findines — 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 subject site is zoned Single -Family Residential District. The purpose of the request is to expand the driveway and allow additional parking on the side of the garage. This is a common use of properties in this zoning district. Drainage concerns will be mitigated by reducing storm water runoff with a rain garden. 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. SCANNED Finding: The practical difficulty of complying with the hard surface coverage requirement is due to the subject lot being smaller than the minimum lot size requirement in the Single -Family Residential District. This driveway expansion would be permitted without a variance if the lot met this minimum lot size requirement. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for additional parking space. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The difficulty of complying with the hard surface coverage requirement is due to small size of the subject lot. The proposed use would be allowed if this lot met the minimum lot size requirements of the Single -Family Residential District. e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will not alter the character of the area. 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. 6. The planning report #2014-32, dated October 21, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. "Chanhassen City Council approves Planning Case #2014-32 for a 2.7 percent hard surface coverage variance to allow a driveway expansion, but not allow the use of gravel on the parking area." ADOPTED by the Chanhassen City Council this 10`h day of November, 2014. CITY OF CHANHASSEN BY: l Mayor Administration November 12, 2014 CITY OF 2.7 Percent Hard Cover Variance CHANNSEN 7700 Market Boulevard Rick D. & Julie Ann Kolbow PO Box 147 7015 Sandy Hook Circle Chanhassen, MN 55317 Chanhassen, MN 55317 Administration Re: Planning Case #2014-32 Phone: 952.227.1100 2.7 Percent Hard Cover Variance Fax:952.227.1110 Dear Rick and Julie Kolbow, Building Inspections Phone: 952.227.1180 This letter is to confirm that on November 10, 2014, the Chanhassen City Council Fax: 952.227.1190 approved a motion to permit a 2.7 percent hard cover variance allowing 27.7 percent Engineering hard cover on your property, Lot 3, Block 3, Colonial Grove at Lotus Lake 2°d Phone 952.2271160 Addition, for the expansion of the driveway and providing a parking pad. The Fax: 952.227.1170 driveway and parking area must be constructed of bituminous, concrete or other hard surface material as approved by the City Engineer. Finance Phone: 952.227.1140 you will need to apply for a zoning permit prior to beginning construction of the Fax: 952.227.1110 driveway. Park & Recreation Phone: 952 227.1120 If you have any questions or need additional information, please contact me at (952) Fax: 952.227.1110 227-1131 orbgeneroust7a,ci.chanhassen.mn.us. Recreation Center $� 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Robert Generous, AICP Natural Resources Senior Planner Phone: 952.227.1130 Fax: 952.227.1110 c: Building Permit File Public Works 7901 Park Place ea Kate Aanenson, Community Development Director Phone: 952.227.1300 Todd Gerhardt, City Manager Fax: 952.227.1310 Drew Ingvalson, Planning Intent Terry Jeffery, Water Resources Coordinator Senior Center Jerry Mohn, Building Official Phone: 952.227.1125 Fax: 952.227.1110 9:\plan\2014 planning cases\2014-32 7015 sandy hook circle variance\VMval lener.doc Website www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED CITYOF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.2271110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.2271125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Drew Ingvalson, Planning Intern DATE: November 10, 2014 p SUBJ: 7015 Sandy Hook Circle Variance Request Planning Case #2014-32 PROPOSED MOTION "The Chanhassen City Council denies the request for a hard surface coverage variance and use of gravel and adopts the attached Findings of Fact and Decision." City Council approval requires a majority vote. EXECUTIVE SUMMARY The property owner is requesting a 2.7% hard -surface coverage variance to expand their driveway and create a parking area next to their garage. The applicant is also requesting a variance to create a gravel parking area. In the future, the applicant proposes to enclose the parking area as a third stall on their garage. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on the variance request on October 21, 2014. The Planning Commission voted 3 to 3 for a motion approving the variance. A tied vote fails and this item is forwarded to City Council without a recommendation from the Commission. Three Planning Commission members voted to approve the variance request. The reasoning behind their approval was the fact that the property is smaller than the required lot size for the Single Family Residential (RSF) District. Several other properties in the area are able to meet the hard surface coverage requirement while having a three -stall garage and/or additional parking spaces in their driveway. These properties have this ability due to their lot area being greater than the RSF District lot size requirement. These Commission members found it appropriate to approve this variance on the grounds that the addition of a third parking area is a reasonable use of the land and the small size of the property creates a legitimate difficulty in the property owners' use of the parcel. Three Planning Commission members voted against the variance request. The reasoning behind their decision was that the property owners currently have a reasonable use of their property-, they can park two vehicles within their garage and two vehicles in the driveway without a hardcover expansion. Furthermore, these Planning Commissioners Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Todd Gerhardt 7015 Sandy Hook Circle Variance Request November 10, 2014 Page 2 do not believe that there are adequate assurances that future property owners of the parcel will maintain the future rain garden, porous pavement or impervious pavers, which were both discussed as ways to mitigate the additional stormwater runoff on the property due to the hardcover addition. The Planning Commission was in agreement with city staff's recommendation that any driveway addition materials should meet ordinance. City ordinance states, "driveways shall be surfaced with bituminous, concrete or other hard surface material, as approved by the city engineer." Gravel is not considered an allowable improved hard surface for driveways. City staff is recommending denial of the variance request; however, staff has provided findings of fact for both approval and denial of the proposed hard surface coverage variance request. If the City Council's decision is to approve the request, then the requirement for stormwater mitigation in the form of a rain garden be required of the applicant. Planning Commission minutes are a consent agenda item in the City Council packet for November 10, 2014. RECOMMENDATION Staff recommends adoption of the motion denying the 2.7 percent hard cover variance and the Findings of Fact and Decision. Since the Planning Commission was split on this application, staff has also provided Findings of Fact and Decision for approval of the variance request for the driveway, but not for the use of gravel. The motion for approval is contained in the decision portion of the findings of fact. ATTACHMENTS 1. Property Owner's Response dated 11/5/14. 2. Planning Commission Staff Report Dated October 21, 2014. 3. Email from Woodruff/Luehr to Bob Generous dated 10/15/14. 4. Email from Debrah Engel to Bob Generous Dated 10/19/14. 5. Findings of Fact and Decision (Denial). 6. Findings of Fact and Decision (Approval). g:\plan\2014 planning mes\2014-32 7015 sandy hook circle varime6executive summary.doc Hello, Below is an addendum to the Kolbow variance request going before the Chanhassen city council on November 10, 2014. Hard Cover surface: We will provide the surface that meets the City of Chanhassen's code requirement. Whether it be asphalt, concrete or alike (not gravel). Rain Garden: As proposed we would plan on installing a rain garden to help compensate for the 2.7% (341 ft2) hardcover variance we are asking for. We recently consulted with the city of Chanhassen's water resources coordinator Terry Jeffery to determine what would be suitable as a rain garden in order provide equal to or greater than run off adsorption for the 2.7% (341 ft2) hard cover variance we are requesting. Based on Terry's calculations we would need a 119.5 ft2 area to compensate for the hardcover. (Terry's email attached). Over the phone Terry also suggested a woody type vegetation area. We also thought this might add a nice ascetic look for that location. In addition to the email Terry also supplied a design guide for installation of the rain garden. We intend to use all of Terry's recommendations for the implementation of the rain garden. Winter: Without the parking area / variance we are often rotating cars to the street at various times to allow access to other vehicles and the garage area. This creates an issue with snow accumulation and plowing. We understand the city codes regarding overnight parking and the restrictions regarding snow fall and parking. Snowfall being unpredictable, the issue is when a car or cars are in the street during the day when it snows. This creates a hazard for the snow plows and unsuspecting drivers hitting the snow bank as they drive past. It's also an aesthetic issue and hassle to deal with for all our neighbors. We are not the only neighbors that get caught in this situation but a variance to create this parking spot would help alleviate this issue. Aesthetics: We like to keep our property nice and aesthetically pleasing and feel by allowing this variance it will allow us to keep our vehicles off the street by using our driveway more efficiently and the nice surface by the side of our garage. A recreational vehicle, boat or trailer is already allowed with an unimproved surface in this area already and we are trying to improve the area. Safe : Without the added parking area our cars and visitors cars will be on the street at various times creating a very real safety hazard particularly for the small children within our circled street. There are approximately 15 kids under 10 years old and several more under 15 on Sandy Hook Circle. Our biggest fear is a child hidden by a parked car that steps, runs or bikes out past the parked car when another car is driving past. Unfortunately this is an all too common hazard. We want to minimize this. Neighbors: For all the reasons above we feel this is the best option for all our neighbors as a whole. Three of our direct neighbors (across the street, next door to the south and kiddy corner across the street) wrote letters of support and one neighbor next door to the north is concerned about the aesthetics of their view from the front entry / front yard. We have a good relationship with this neighbor and have discussed planting taller type arborvitaes or alike to help shield the view of this area from their front yard. With the season now running short we cannot get on a schedule for work before winter hits so we agreed to talk over the winter to discuss options. We also have a boat and the covered boat or trailer are often parked in this area during the summer so improving the surface, adding a rain garden and some form of tall view blocking planting we thought would be a better overall solution considering all the points covered above for the best use of our property. Thank you for your time. Rick Kolbow Generous, Bob From: Rick Kolbow [rkolbow@h2ktech.com] Sent: Wednesday, November 05, 2014 11:38 AM To: Generous, Bob Subject: FW: Rain Garden / Contact Info Attachments: image009.emz; image011.emz; image015.emz; image017.emz M The below email from Terry Jeffery goes with addendum. Thanks, Rick Kolbow H2K Technologies rkolbowna h2ktech.com (o) 763-746-99oo ext m I (f) 763-746-9903 I (c) 612-759-1004 7550 Commerce St. Corcoran, MN 55340 1 www.H2Ktech.com H2K@8� Technologies, Inc., 48 - �1PICS NOTICE-- This email may contain confidential and privileged information for the sole use of the intended recipient. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. From: Jeffery, Terry [mailto:tjeffery@ci.chanhassen.mn.us] Sent: Tuesday, November 04, 2014 9:41 AM To: Rick Kolbow Subject: RE: Rain Garden / Contact Info Rick, I apologize for the delayed response. The volume needed for the rain garden would be 119.5 cubic feet. A rain garden should be designed so that the depth of inundation is between 6" and 9" and never more than one (1) foot. The profile could potentially be designed with a corrected soils at the bottom with a mixture of 80% washed sand and 20% leaf litter compost. This can be included into the volume at a value of 40%. For instance if you excavated native soils and replaced with 100 cubic feet of amended soils that would be 40 cubic feet and the remaining volume would be ±80 cubic feet. 1 6" to 9" bounce I Bottom of nfiltration BMP Ripped Zone <' L. Amendedsoils > fee > 2 feet 3 Water table or top of bedrock I hope this helps. Thank you. Regards, Terry Terry Jeffery I Water Resources Coordinator City of Chanhassen I Engineering Department 7700 Market Boulevard I Chanhassen, MN 55317 DESK 952.227.1168 1 MAIN 952.227.1160 From: Rick Kolbow lmailto:rkolbow(@h2ktech.com] Sent: Friday, October 31, 2014 10:58 AM To: Jeffery, Terry Subject: RE: Rain Garden/ Contact Info Hi Terry, I'm just following up. Please let me know if you need anything else from me. Thanks, Rick Kolbow H2K Technologies rkolbow(&h2ktech com (o) 763-746-990o ext 111 I (0 763-746-9903 I (c) 612-799-1004 7550 Commerce St. Corcoran, MN 55340 1 www.H2Ktech.com H2KU —1 Technologies, Inc. MET V* �� PICS 4 NOTICE— This email may contain confidential and privileged information for the sole use of the intended recipient. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. 2 From: Jeffery, Terry rmailto:tieffery(nlci.chanhassen.mn.us] Sent: Monday, October 27, 2014 4:38 PM To: Rick Kolbow Subject: RE: Rain Garden / Contact Info Rick, I will calculate the Water Quality volume for a 341.4 sf hard surface. Regards, Terry Terry Jeffery I Water Resources Coordinator City of Chanhassen I Engineering Department 7700 Market Boulevard I Chanhassen, MN 55317 DESK 952.227.1168 1 MAIN 952.227.1160 From: Rick Kolbow [mailto:rkolbow(cDh2ktech.com] Sent: Monday, October 27, 2014 4:34 PM To: Jeffery, Terry Subject: Rain Garden / Contact Info Terry, Thanks for looking into and your help on this. My daytime contact info is below. Our home address: Rick and Julie Kolbow 7015 Sandy Hook Circle Chanhassen, MN 55317 Can you reply so I know the email made it? Thanks, Rick Kolbow H2K Technologies rkolbow(&h2ktech.com (o) 763-746-99oo ext u1 I (f) 763-746-9903 I (c) 612-759-1004 7550 Commerce St. Corcoran, MN 55340 1 www.H2Ktech.com �! H2K V MET e Technologies, Inc. OC S �� - s PC NOTICE-- This email may contain confidential and privileged information for the sole use of the intended recipient. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. PROPOSED MOTION: "The Chanhassen Board of Appeals and Adjustments denies the hard surface coverage variance request and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The property owner is requesting a 4.8% hard surface coverage variance to expand their driveway and create a parking area next to their garage. The applicant is also requesting a variance to create a gravel parking area. b LOCATION: 7015 Sandy Hook Circle (PID 25-2400080) APPLICANT: Rick D. & Julie Ann Kolbow 7015 Sandy Hook Circle Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF). 2020 LAND USE PLAN: Residential Low Density (Net density 1.2 — 4.0 units per acre) ACREAGE: 0.29 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 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 applicant is requesting a 4.8% variance to expand their driveway. However, staff reviewed their hard cover calculations and determined that they included area within the street right-of- way which is not counted against a lot's hard cover. Staff estimates the variance at 2.7%. The applicant is also requesting a variance to allow a gravel parking area next to their garage. In the future, they state that they will enclose this parking area within a garage, which would not increase hard cover. The proposed parking area is 13 feet from the side property line. When enclosed, the garage stall would comply with the side yard setback requirement. City code does permit the storage of trailers and Recreation Vehicles (section 20-910) on unimproved surfaces Planning Commission 7015 Sandy Hook Circle Variance — Planning Case 2014-32 October 21, 2014 Page 2of4 in the side or rear yard, but requires that driveways be surfaced with bituminous, concrete or other hard surface material (section 20-1122 (4)). APPLICABLE REGULATIONS Chapter 20, Article II, Division 3, Variances Chapter 20, Article XII, "RSF" Single -Family Residential District Section 20-615. Lot requirements and setbacks. Chapter 20, Article XXIV. Off -Street Parking and Loading Section 20-1122. Access and Driveways (1) and (4) BACKGROUND The applicant has two teenagers with their own car. They now have to park on the street or park behind their parents' vehicles in the driveway. The proposed driveway expansion would allow the family to all park on their lot without blocking the garage and requiring the movement of vehicles before leaving the house. While staff empathizes with the owners, code dictates that we review the request against city standards. The "RSF" Single Family Residential District section of City Code states that, `the maximum lot coverage for all structures and paved surfaces is 25 percent" (Sec. 20-615(5)). The applicant is requesting a 2.7 percent variance from this requirement to extend their driveway to accommodate additional parking on the property. This variance would permit 27.7 percent hard cover. The maximum hard surface coverage requirement is designed to limit storm water runoff into the city storm water systems. Exceeding this limitation may have a detrimental effect on the city's natural resources. In this request, the applicant has proposed using gravel for a parking space. This request is inconsistent with City Code section 20-1122 (4) which states, "driveways shall be surfaced with bituminous, concrete or other hard surface material, as approved by the city engineer." Gravel is not considered an allowable improved hard surface for driveways. ANALYSIS The applicant is proposing a driveway extension and gravel parking area that will add 672 square feet of hard surface coverage to the parcel (see image on next page). The existing property has 2,827.5 square feet of hard surface coverage (22.4%) out of a total allowable area of 3,158.1 square feet (251/6). The proposed addition would put the property at 3,499.5 square feet of hard surface coverage (27.70/o), which is 341.4 square feet over the hard cover permitted. The parcel is somewhat limited with its hard surface coverage due to it being 16 percent smaller than the required lot size for lots in the RSF district. The subject property has an area of 12,632.4 square feet. The required lot size for parcels in this district is 15,000 square feet. As stated previously, this lot has 3,158.1 square feet of allowable hard surface space. Alternatively, a property that meets the 15,000 square -foot lot size requirement would have 3,750 square feet of Planning Commission 7015 Sandy Hook Circle Variance — Planning Case 2014-32 October 21, 2014 Page 3 of 4 allowable hard surface space, an amount that is 250 square feet larger than the amount of hard surface proposed in this variance request (3,499.5 square feet). The storm sewer within Sandy Hook Circle was installed in 1980 when the area was developed, and directly discharges into Lotus Lake. The street was overlaid in 2013 and, due to the fully - developed conditions in the area, storm water treatment features were not installed. The applicant has proposed to install a rain garden to mitigate for the additional runoff. However, such a system must be engineered, designed, constructed and properly maintained and could potentially be filled in the future. 777 Proposed Rain Garden S a ➢ , C X'cl f 1 2S 2S 9y` Gravel Parking Area (312 square feet) Lo+ 3 Driveway Extension (360 square feet) 16-\ i `z, tpror.ist doer alar.�i prop.s..o.mt 6S \#714? prop.garaya ll.al. 91d.+ The applicant noted that their "lot is small in square footage compared to most other lots in the neighborhood." However, upon review, it was found that there are 10 properties within 500 feet of the subject property that do not meet the 15,000 minimum lot size requirement for the Single - Family Residential (RSF) district. There are three properties with less square footage and one property with the same square footage as the subject property (see chart below). All other properties (21 in total) within 500 feet had a larger lot area. Planning Commission 7015 Sandy Hook Circle Variance — Planning Case 2014-32 October 21, 2014 Page 4 of 4 Property Acres Square Feet Property are Feet 7003 Sandy Hook Circle 0.25 10,890 31 Sandy Hook Road68 7005 Sandy Hook Circle 0.25 10,890 7004 Sandy Hook Circle068 7017 Sandy Hook Circle 0.28 12,196.8 7007 Sandy Hook Circle503.6 F0.3414,810.4 7002 Sandy Hook Circle 0.29 12,632.4 7016 Sandy Hook Circle810.4 7015 Sandy Hook Circle Property)7020 0.29 12,632.4 7018 Sandy Hook Circle810.4(Subject Sandy Hook Circle810.4 The neighborhood of the subject property (Colonial Grove at Lotus Lake development) does not have a history of granting, or even requesting, variances. Within 500 feet of the subject property, staff could not find any variance requests. If a variance is granted, the Board of Adjustments and Appeals would need to adopt the appropriate Findings of Fact and Decision. It would also be recommended that the applicant work with city staff to mitigate runoff through using rain garden techniques to reduce storm water into the public system. Furthermore, should the variance be approved, the applicant should be aware that a driveway permit is required and the structure must comply with City Code. Specifically, Section 20-1122 (1) which states that, "driveways shall be setback at least ten feet from the side property lines" and " beginning 20 feet from the front property line, driveways be setback a minimum of five feet from the side property line or the distance of the existing drainage and utility easement on the particular lot or parcel." In addition, if the Board of Adjustments and Appeals decides to approve the variance, city staff recommends approval be subject to the following condition: per Section 20-1122 (4) which states that the parking space shall be surfaced with bituminous, concrete or other hard surface material as approved by the city engineer. These materials do not include gravel, which has been purposed by the applicant. RECOMMENDATION Staff recommends that the Planning Commission deny the variance application and adopt the attached Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Applicant's Narrative. 4. Land Survey with Proposed Expansion. 5. Hard Cover Calculation Worksheet. 6. Email from Michele McKinney dated October 14, 2014. 7. Affidavit of Mailing of Public Hearing Notice. pg.Vlan\2014 planning a N2014-32 7015 sandy hook circle variance\staff report 7015 sandy Look cir.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Rick D. & Julie Ann Kolbow for a 2.7 percent variance from the maximum hard surface coverage requirement (25 percent) to allow a gravel parking area and driveway expansion on property zoned Single -Family Residential (RSF) — Planning Case 2014-32. On October 21, 2014, 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 as follows: Lot 3, Block 3, Colonial Grove at Lotus Lake 2nd Addition, Carver County, Minnesota 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 maximum hard surface coverage requirement is designed to limit storm water runoff into the city stone water systems. Exceeding this limitation may have a detrimental effect on the city's natural resources. 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: There is not a practical difficulty of complying with the hard surface coverage requirement. It has been noted that the property is smaller than the minimum square footage for the Single -Family Residential District (RSF); however, this is not unique since other properties in the area are smaller than the 15,000 square -foot minimum. The subject property still has a two -stall garage and adequate driveway space for parking. Many homes do not have an additional parking area next to the garage. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for additional parking space. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The difficulty of complying with the hard surface coverage requirement is due to the property owner wanting to expand their driveway and add a parking area. The property is smaller than the minimum lot size requirement for the Residential Single - Family District; however, this is not a unique characteristic within the neighborhood and it does not inhibit the practical use of the property. e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will not alter the character of the area; however, there is not a history of granting, or even requesting, variances within the area of the subject property. 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 #2014-32, dated October 21, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. DECISION "The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment, denies Planning Case #2014-32 for a 2.7 percent hard surface coverage variance to allow a gravel parking area and driveway expansion on property zoned Single -Family Residential District." ADOPTED by the Chanhassen Planning Commission this 21' day of October 21, 2014. CITY OF CHANHASSEN BY: Chairman 2 COMMUNITY DEVELOPMENT DEPARTMENT flcv Ivr Mailing Address Box rket147, BoulevChanhassen, SEP *19 2014 CITY OF I �j`{I�HI SE Mailing Address - P.O. Box 147, Chanhassen, MN 55317 CITY it CMMSEN 1$ Phone: (952) 227-1300 / Fax: (952) 227-1110 CHWiA98ENPR"WDE APPLICATION FOR DEVELOPMENT REVIEW Date Filed: '4 60 -Day / J Section 1: Application Type (check all that apply) ❑ Comprehensive Plan Amendment .........................$600 ❑ Subdivision ❑ Minor MUSA line for failing on-site sewers ..... .$100 ❑ Create 3 lots or less.........................................$300 ❑ Create over 3 lots ...................... $600 + $15 per lot ❑ Conditional Use Permit ❑ Metes & Bounds ........................ $300 + $50 per lot ❑ Single -Family Residence.................................$325 ❑ Consolidate Lots .................................. ............ $150 ❑ All Others .........................................................$425 ❑ Lot Line Adjustment ................ ......................... $150 ❑ Final Plat* ........................................................$250 ❑ Interim Use Permit *Requires additional $450 escrow for attorney costs. ❑ In conjunction with Single -Family Residence..$325 Escrow will be required for other applications through the development contract. ❑ All Others.. .......................................................$425 El Rezoning ❑ Vacation of Easements/Right-of-way...................$300 g (Additional recording fees may apply) ❑ Planned Unit Development (PUD)...................$750 ❑ Minor Amendment to existing PUD .................$100 ,Variance...............................................................$200 ❑ All Others .........................................................$500 ❑ Wetland Alteration Permit ❑ Sign Plan Review...................................................$150 ❑ Single -Family Residence ............................... $150 ElOthers .......................................................$275 El Site Plan Review ❑ Administrative ..................................................$100 ❑ Zoning Appeal ...................................................... $100 ❑ Commercial/Industrial Districts* ......................$500 Plus $10 per 1,000 square feet of building area ❑ Zoning Ordinance Amendment............................$500 *Include number of existing employees: and number of new employees: NOTE: When multiple applications are processed concurrently, ElResidential Districts.........................................$500 the appropriate fee shall be charged for each application. Plus $5 per dwelling unit (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) A DITIONAL REQUIRED FEES: Notification Sign..................................................$2 TOTAL FEES: $ y t7 . (City to install and remove) i��� \ L _ ❑ Property Owners' List within 500'.3.y,.$3 per addres$ �9� Received frorrr_ l� � t ��X vJ (City to generate — fee determined at pre- lication meeting) Id Escrow for Recording Documents.. a50 erdocument Date Received:or,-IcI-ICheck Number:LVID (CUP/SPRNACNAR/WAP/Metes & Bounds Subdivision) Project Name: 7,-O / t) O Q Property Address or Location: Parcel #:aS -.)U4Q00g(D Legal Description: LL -i, 3 Cs Total Acreage: O . L;� Wetlands Present? ❑ Yes KNo Present Zoning: K51 Present Land Use Designation: _5q Existing Use of Property: 7� Description of Proposal: ,_a'15f/-" e;�- 0ilA r Check box ' separate narratia is attached Requested Zoning: N Requested Land Use Designation: /e✓f APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, 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: Address: City/State/Zip: Email: Signature: Contact: Phone: Cell: Fax: Date: PROPERTY OWNER: In signing this application, I, 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: �IG.'� fit -/3 Address %� City/State/Zip:«4VA U R-sSC 0 rM � �r 3 [--72 Email: R%Cml F3�k+ l� 2KT��.1I . C -Q Signature: Contact: Phone: 'isZ 4— — Ir Cele lv,1L - -7S3 -100 4 - Fax: Date $/ I This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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: Address: City/State/Zip: Email: Contact: Phone: Cell: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: _ ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: �v INCU To the City of Chanhassen Planning Department We would like to request a variance from the city of Chanhassen to exceed our allowable hardcover to create an additional parking space next to our existing garage. In the future we plan to add a third stall garage. While many homes in our Sandy Hook neighborhood have 3 car garages ours is only a 2 car garage. While reviewing this request we learned our lot is small in square footage compared to most other lots in the neighborhood. So even though our house footprint is modest or average, adding a parking spot or third stall puts us slightly over the 25% allowable hard cover. Today's lifestyle is different than it was when our house was built. Many teens today have their own cars to get to and from school and the many and various activities they participate in. We now have two teenage drivers and we feel that it would benefit the neighborhood to keep these vehicles from parking on the street as much as possible. In addition to being unsightly, cars parked on the street can create safety issues such as children running into the street from behind a parked car unseen by an approaching driver. During the winter months from Nov. 1 to April 1 Chanhassen has an ordinance Prohibiting parking on city streets from 1:00 a.m. to 7:00 a.m. This creates a responsibility for all residents to find room to park their vehicles off the street. The additional hardcover we are asking for is only 4.8% over the allowable maximum. The layout of our lot in relationship to the neighbors is such that this additional space should not have any negative impact on our immediate neighbor on that side or any of our other neighbors. To mitigate any additional runoff we propose installing a rain garden next to the driveway. We would use city recommendations for the size and placement of the rain garden. Thank you for your consideration of this request. Rick and Julie Kolbow 7015 Sandy Hook Circle Chanhassen, MN 55317 SCANNED -----1--- J110 Eden Road Phone (612)941-3031 Eden Prairie, M 55344 Cff t Of butt" Survey For Jamas Lee Book Page File C21i-$6 2� A) Vf, C=,1 N T - 7 0 2`� S.' " =� Prop.lst floor elev. 924.c � ' Prop.basement fl.el.� oji d 8 6 s �# 7a/� Prop.garage fl.el. M�•�r.Ahr w iY Y • w. • d..w+ wr.�.h�• •1 • a.n a . Mw/r1r 8 �iAyt 12RI it a IS-tn a T --Ir- 7m �A _ Y� t M�rr� M �� NDN• •t �M �M irw•. ••/ •M V%h w••*AWSM M •q. ln,e a •• O/"�M 1 G:1, y 1 Cres ►F1' un 01" CITY OF CHANHASSEN HARDCOVER CALCULATION WORKSHEET EXISTING AND PROPOSED HARDCOVER Property Address: 7015 6G- cLj L400e- C r A. House X = 12 +1 S.F. x = S.F. x = S.F. x = S.F. x = S.F. B. Garage x = x,13. 3 3 S.F. x = S.F. C. Driveway i X O ( - S.F. 570 5--r -X = S.F. D. Sidewalks �p `' x 8 4 S.F. x = S.F. ADD iTIDn! E.T-atieA)cck 3 Z A `' X (5'-= ?� • L S.F. x= S.F. F. Other ra;-� . - 17— X 210 = 3 / Z S.F. � $ et��r � /G X ,?© _ $C) S.F. 3 b 0 x = S.F. TOTAL HARDCOVER: 37105, &7, S.F. Sygq,r TOTAL LOT SIZE:// 2 2 . qZ . q S.F. HARDCOVERPERCENTAGE: 1`l. D % 21.7 MAXIMUM % ALLOWABLE: Z5 % Prepared by: �, ('(je i J, I4 -t KD (be)0 Date: -J&6 /4 - Signature: Reviewed by: Comments: Date: G:\PLAN\Forms\Hardcover Calculation Worksheet.xls SCANNED Generous Bob From: Michele McKinney [mmckinney@firstindustrial.com] Sent: Tuesday, October 14, 2014 10:47 AM To: Generous, Bob Subject: Variance Request for 7015 Sandy Hook Cir. - Chanhassen City of Chanhassen - Our neighbors, Rick and Julie Kolbow at 7015 Sandy Hook Cir., have requested a variance for a parking spot next to their garage. This parking spot would exceed lot coverage allowances by approximately 2-3%. We are direct neighbors of theirs at 7013 Sandy Hook Circle. We wanted to express our support for their alterations to their site in hopes that the council will approve their improvements. If you have any questions or concerns please feel free to contact me. Thank you - Matt and Michele McKinney Michele McKinney, CID Space Planner/Designer First Industrial Realty Trust 10140 West 76th Street Eden Prairie, MN 55344 952-852-7170/Shortel 12170 Minneapolis Office 952-942-8778 fax www.firstindustrial.com CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on October 9, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for 7015 Sandy Hook Circle Variance Request — Planning Case 2014-32 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*" day of ()Lkot 2014. Notac-MkraepmNotaryis I#KIM:UMSSEN Y carder Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 21, 2014 at 7:00 p.m. This hearing may not start Date 8r Time: until later In the evening, depending on the order of theagenda. Locatlorr Ci Hall Council Chambers, 7700 Market Blvd. 7015 SANDY HOOK CIRCLE: Request for a variance to Proposal: exceed the impervious surface limitation to construct a driveway on property zoned Single Family Residential RSF Applicant: Rick Kolbow Property 7015 Sandy Hook Circle 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 W Wthe 1. Staff will give an overview of the proposed project. at 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/2014-32. If you wish to talk to someone about this project, please contact Bob Generous by email at beenerousanti chanhassen.mn.us or by phone at Questions a 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Plan Amendments and Code Amendments require a public hearing before the Rezonings, Comprehensive 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 Item will be opened for the public to speak about the proposal as a part of the report and a recommendation. 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, aRlrtn or modify wholly or partly the Planning Rezonings, land use and code amendments take a simple majority vote of the Commission's recommendation. City Council except rezonings and land use amendments from residential to wmmercialAndustdal. • Minnesota State Statute 519.99 requires all sppllcallons to be processed within 60 days unless the applicant waives this standard. Some apDllcallons 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 pemon(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and be Included In the report to the City Council. If you wish to have any correspondence regarding the application will something to be Included In the report, please contact the Planning Stan person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Tuesday, October 21, 2014 at 7:00 p.m. This hearing may not start Date 8r Time: unfit later in the evening,depending on the order of thea enda. Location: City Hall Council Chambers, 7700 Market Blvd. 7015 SANDY HOOK CIRCLE: Request for a variance to Proposal: exceed the impervious surface limitation to construct a driveway on prop"zoned Single Family Residential RSF Applicant: Rick Kolbow Property 7015 Sandy Hook Circle 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 ro'ect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-32. If you wish to talk to someone about this project, please contact Bob Generous by email at bgenerous(rDci.chanhassen.mn.us or by phone at Questions 8 952-227-1131. If you choose to submit written comments, it is Comments: 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 PlanningCommission meeting. City Review Procedure: • Subdivisions. Planned Unit Developments, site Plan Reviews. Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the all within 500 feet of the subject site to be notified of the Planning Commission. City ordinances require property 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. are available by request. At the Planning Commission meeting. staff will give a verbal overview of These reports 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 land use amendments from residential to commerclalAndustrial. City Council except rezonings and • Minnesota Stale 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 One 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 comespondence regarding the application will be Included In the report to Me City Council. If you wish to have somethln to be Included In me re on, lease contact the PlanningS[aff person named on the notification. ALAN C FIELD AMY D VOHS ANDREW J BRANDL LARSEN 7000 SANDY HOOK CIR 31 SANDY HOOK RD 7018 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 CHANHASSEN, MN 55317-9312 CHANHASSEN, MN 55317-9315 BARBARA A BURKE TRUST 7009 CHEYENNE TRL CHANHASSEN, MN 55317-7513 CHINH NGOC HUYNH 7005 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 DANIEL P MALTBY 7002 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 GORDON E & JULIE K I HAMPSON 7003 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 JAMES S & M CAROLYN ERNY 7008 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 LEON & MERILU NAREM 20 SANDY HOOK RD CHANHASSEN, MN 55317-9312 CHANTHA P & RATHANA M BO 7004 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 CHRISTOPHER J ENGEL 7016 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 DONALD & JUDITH LEIVERMANN 7003 CHEYENNE TRL CHANHASSEN, MN 55317-7513 HOLLIE BECKORD 7005 CHEYENNE TRL CHANHASSEN, MN 55317-7513 JOHN D & MARGARET A ADIE 7011 CHEYENNE TRL CHANHASSEN, MN 55317-7513 LOTUS LAKE BETTERMENT ASSN 105 SANDY HOOK RD CHANHASSEN, MN 55317-9580 MARK S & SANDRA L CHRISTENSEN MATTHEW R & MICHELE J 7019 CHEYENNE TRL MCKINNEY CHANHASSEN, MN 55317-7513 7013 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 PAUL H LUEHR 7012 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 RICHARD C HEER 50 SANDY HOOK RD CHANHASSEN, MN 55317-9312 CHARLES L & KATHERINE J HIRT 7007 CHEYENNE TRL CHANHASSEN, MN 55317-7513 CRAIG H & CYNTHIA A WARNER 7006 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 EDWARD N & PEGGY M BENNETT 7017 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 JAMES C MCCLINTICK 7014 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 KENNETH & MERRIE MATSON 61 SANDY HOOK RD CHANHASSEN, MN 55317-9312 MARK & TIFFANY ORTNER 7007 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 PATRIC T SHAUGHNESSY 7010 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 RICK D & JULIE ANN KOLBOW 7015 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 SCOTT M & MARCIA A HIPPEN STEVEN L COHEN SUE G ADLER 7017 CHEYENNE TRL 7022 SANDY HOOK CIR 103 SANDY HOOK RD CHANHASSEN, MN 55317-7513 CHANHASSEN, MN 55317-9315 CHANHASSEN, MN 55317-9580 THOMAS & DOROTHY JAMIESON THOMAS P & PATRICIA PETERSON 30 SANDY HOOK RD 7020 SANDY HOOK CIR CHANHASSEN, MN 55317-9312 CHANHASSEN, MN 55317-9315 Dear Peggy and Ed, Enclosed is the survey we submitted to the City of Chanhassen for the variance request. The parking/garage spot is proposed to be 12' wide with the driveway angled into our existing driveway for access. The set back from your property line should be 13'. We now have four vehicles and will soon have four drivers and we feel an extra spot will be better for both safety and aesthetics. To mitigate additional water runoff we have proposed adding a rain garden to the north side of the new driveway which we would maintain. The grass has always been difficult on that side so the garden should be an improvement. As part of our addition the excavator will also be creating a swale to the north of our garage so the water doesn't flow into your yard. We hope and believe these improvements to our property will help to increase the value of the houses on our street. Thank you so much for your consideration and if you have any questions please let us know. Thanks, Julie and Rick Ed Bennett From: Peggy Bennett [bnntt2003@msn.coml Sent: Wednesday, October 15, 2014 9:00 AM To: edb@impacbcx.com Subject: Fwd: Kolbow Variance Sent from my il'ad Begin forwarded message: From: Julie Kolbow <iuliekolbow@.gmail.com> Date: September 23, 2014 at 9:27:19 AM CDT To: Julie Kolbow <Liekolbowna,amail.com> Subject: Kolbow Variance Dear Neighbors, You will soon be receiving notice from the City of Chanhassen that we have applied for a variance to add a parking spot next to our garage. We have a two car garage and hope to add a third stall in the near future. In the mean time we would like an extra parking spot. Chanhassen has a hardcover limit of 25% of property square footage. We need a hardcover variance because adding this parking spot plus a driveway exceeds the allowable property hardcover by 4.8%. It is about 600 square feet over. We are also in the process of adding a small addition to the back of our house which is 260 square feet. Because our lot size is small we would still be applying for a variance regardless of the addition. To mitigate the extra runoff from this additional hardcover we plan to install a rain garden next to the driveway. We hope you will be supportive of these improvements to our property. If you have any questions or concerns, please let us know. Thanks, Rick and Julie Kolbow October 14. 2014 Re: Zoning Variance Request 7015 Sandy Hook Circle Chanhassen, MN 55317 Dear Members of the Planning Commission: We are the immediate neighbor to the North of the above property and request that you refuse this variance. As citizens, we rely on the reasoned judgment of the planning commission to evaluate the necessity of approving these types of variances. The desires of property owners to make changes to their property to accommodate their personal preferences are understandable, but must be balanced against the zoning restrictions enforced by the city. These restrictions are rooted in established, common agreement among the residents of the city through their representatives, and exist for many good reasons. The owners' stated purpose in requesting the variance to the hardcover limit is that the owners' intend to park more vehicles externally and along the side of their garage (enclosed letter and email) and in direct view of our property, rather in their garage and driveway as they do today. Thus, granting a variance will result in creating a `parking lot' appearance as viewed from our front yard and home entrance (enclosed photos), as well as from other viewpoints, which does not exist today. While the hardcover limit is not a limit on vehicles directly, it is a limit on the acceptable ratio of hard covered parking surface to lot size, and therefore related. Our home is set back further from the street than the 7015 property, so the visual effects of this variance would be even more pronounced from our entry and windows. Moreover, the posted plan shows a `gravel parking space' in addition to a requested variance for hard cover. This too, by itself and with more vehicles, will detract from the norms and home values of this community. The burden of necessity should fall on the variance seekers, not the other property owners. If their lot is not suitable for their needs, it should not be made so at expense of others. Sincerely, Ed and Peggy Bennett 7017 Sandy Hook Circle. Chanhassen, MN 55317 Generous, Bob From: Woodruff/Luehr[woodruffluehr@yahoo.com] Sent: Wednesday, October 15, 2014 4:15 PM To: Generous, Bob Subject: Rick and Julie Kolbow Variance Request Hello - I'm a neighbor of Rick and Julie Kolbow in Sandy Hook Circle in Chanhassen. I understand they are seeking a variance from the City's hard cover requirements to add an extra parking space next to their garage. I support their request. (I understand the requested variance is only 3% over the current limit). Thank you Kathy Woodruff 7012 Sandy Hook Circle Chanhassen Sent from my iPhone 1 Generous, Bob From: Deborah Engel [engeldl@msn.comj Sent: Sunday, October 19, 2014 9:32 PM To: Generous, Bob Subject: Request for variance at 7015 Sandy Hook Circle Dear Mr. Generous, We are writing this letter in support of granting the variance at 7015 Sandy Hook Circle as requested by Rick and Julie Kolbow. We live directly across the street from said residence and submit this letter of support in lieu of attending the public hearing at the Chanhassen Planning Commission Meeting on Tuesday, October 21, 2014. Thank you for sharing this letter of support with the Commission. Chris and Debbie Engel 7016 Sandy Hook Circle CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION Application of Rick D. & Julie Ann Kolbow for a 2.7 percent variance from the maximum hard surface coverage requirement (25 percent) to allow a gravel parking area and driveway expansion on property zoned Single -Family Residential (RSF) — Planning Case 2014-32. On November 10, 2014, Chanhassen City Council met at its regularly scheduled meeting to consider the application. Chanhassen City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: Lot 3, Block 3, Colonial Grove at Lotus Lake 2nd Addition, Carver County, Minnesota 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 maximum hard surface coverage requirement is designed to limit storm water runoff into the city storm water systems. Exceeding this limitation may have a detrimental effect on the city's natural resources. 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: There is not a practical difficulty of complying with the hard surface coverage requirement. It has been noted that the property is smaller than the minimum square footage for the Single -Family Residential District (RSF); however, this is not unique since other properties in the area are smaller than the 15,000 square -foot minimum. The subject property still has a two -stall garage and adequate driveway space for parking. Many homes do not have an additional parking area next to the garage. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for additional parking space. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The difficulty of complying with the hard surface coverage requirement is due to the property owner wanting to expand their driveway and add a parking area. The property is smaller than the minimum lot size requirement for the Residential Single - Family District; however, this is not a unique characteristic within the neighborhood and it does not inhibit the practical use of the property. e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will not alter the character of the area; however, there is not a history of granting, or even requesting, variances within the area of the subject property. f. Variances sball 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 #2014-32, dated October 21, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. DECISION "Chanhassen City Council denies Planning Case #2014-32 for a 2.7 percent hard surface coverage variance for driveway expansion and to allow a gravel parking area." ADOPTED by the Chanhassen Planning Commission this 10'h day of November, 2014. CITY OF CHANHASSEN M Chairman EA CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Rick D. & Julie Ann Kolbow for a 2.7 percent variance from the maximum hard surface coverage requirement (25 percent)for a driveway expansion and to allow a gravel parking area on property zoned Single -Family Residential (RSF) — Planning Case 2014-32. On November 10, 2014, Chanhassen City Council met at its regularly scheduled meeting to consider the application. Chanhassen City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: Lot 3, Block 3, Colonial Grove at Lotus Lake 2°d Addition, Carver County, Minnesota 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: The subject site is zoned Single -Family Residential District. The purpose of the request is to expand the driveway and allow additional parking on the side of the garage. This is a common use of properties in this zoning district. Drainage concerns will be mitigated by reducing storm water runoff with a rain garden. 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 practical difficulty of complying with the hard surface coverage requirement is due to the subject lot being smaller than the minimum lot size requirement in the Single -Family Residential District. This driveway expansion would be permitted without a variance if the lot met this minimum lot size requirement. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for additional parking space. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The difficulty of complying with the hard surface coverage requirement is due to small size of the subject lot. The proposed use would be allowed if this lot met the minimum lot size requirements of the Single -Family Residential District. e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will not alter the character of the area. 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 #2014-32, dated October 21, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. "Chanhassen City Council approves Planning Case #2014-32 for a 2.7 percent hard surface coverage variance to allow a driveway expansion, but not allow the use of gravel on the parking area subject to the following condition: The applicant shall work with city staff to mitigate runoff through using rain garden techniques to reduce storm water into the public system." ADOPTED by the Chanhassen Planning Commission this I& day of November, 2014. CITY OF CHANHASSEN EN Chairman F' zCITY O N H A S PC DATE: October 21, 2014 'a3 CC DATE: November 10, 2014 (if necessary) REVIEW DEADLINE: November 18, 2014 CASE #: 2014-32 BY: AF, RG, DI, TJ, ML, JM PROPOSED MOTION: —7 "The Chanhassen Board of Appeals and Adjustments denies the hard surface coverage variance request and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The property owner is requesting a 4.8% hard surface coverage variance to expand their driveway and create a parking area next to their garage. The applicant is also requesting a variance to create a gravel parking area. b LOCATION: 7015 Sandy Hook Circle (PID 25-2400080) APPLICANT: Rick D. & Julie Ann Kolbow 7015 Sandy Hook Circle Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF). 2020 LAND USE PLAN: Residential Low Density (Net density 1.2 — 4.0 units per acre) ACREAGE: 0.29 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 level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. �arldy' L 'may '� "—,�• Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting a 4.8% variance to expand their driveway. However, staff reviewed their hard cover calculations and determined that they included area within the street right-of- way which is not counted against a lot's hard cover. Staff estimates the variance at 2.7%. The applicant is also requesting a variance to allow a gravel parking area next to their garage. In the future, they state that they will enclose this parking area within a garage, which would not increase hard cover. The proposed parking area is 13 feet from the side property line. When enclosed, the garage stall would comply with the side yard setback requirement. City code does permit the storage of trailers and Recreation Vehicles (section 20-910) on unimproved surfaces SCANNED Planning Commission 7015 Sandy Hook Circle Variance — Planning Case 2014-32 October 21, 2014 Page 2 of 4 in the side or rear yard, but requires that driveways be surfaced with bituminous, concrete or other hard surface material (section 20-1122 (4)). APPLICABLE REGULATIONS Chapter 20, Article U, Division 3, Variances Chapter 20, Article XII, "RSF" Single -Family Residential District Section 20-615. Lot requirements and setbacks. Chapter 20, Article XXIV. Off -Street Parking and Loading Section 20-1122. Access and Driveways (1) and (4) The applicant has two teenagers with their own car. They now have to park on the street or park behind their parents' vehicles in the driveway. The proposed driveway expansion would allow the family to all park on their lot without blocking the garage and requiring the movement of vehicles before leaving the house. While staff empathizes with the owners, code dictates that we review the request against city standards. The "RSF" Single Family Residential District section of City Code states that, "the maximum lot coverage for all structures and paved surfaces is 25 percent" (Sec. 20-615(5)). The applicant is requesting a 2.7 percent variance from this requirement to extend their driveway to accommodate additional parking on the property. This variance would permit 27.7 percent hard cover. The maximum hard surface coverage requirement is designed to limit storm water runoff into the city storm water systems. Exceeding this limitation may have a detrimental effect on the city's natural resources. In this request, the applicant has proposed using gravel for a parking space. This request is inconsistent with City Code section 20-1122 (4) which states, "driveways shall be surfaced with bituminous, concrete or other hard surface material, as approved by the city engineer." Gravel is not considered an allowable improved hard surface for driveways. ANALYSIS The applicant is proposing a driveway extension and gravel parking area that will add 672 square feet of hard surface coverage to the parcel (see image on next page). The existing property has 2,827.5 square feet of hard surface coverage (22.4%) out of a total allowable area of 3,158.1 square feet (25%). The proposed addition would put the property at 3,499.5 square feet of hard surface coverage (27.7%), which is 341.4 square feet over the hard cover permitted. The parcel is somewhat limited with its hard surface coverage due to it being 16 percent smaller than the required lot size for lots in the RSF district. The subject property has an area of 12,632.4 square feet. The required lot size for parcels in this district is 15,000 square feet. As stated previously, this lot has 3,158.1 square feet of allowable hard surface spare. Alternatively, a property that meets the 15,000 square -foot lot size requirement would have 3,750 square feet of Planning Commission 7015 Sandy Hook Circle Variance — Planning Case 2014-32 October 21, 2014 Page 3 of 4 allowable hard surface space, an amount that is 250 square feet larger than the amount of hard surface proposed in this variance request (3,499.5 square feet). The storm sewer within Sandy Hook Circle was installed in 1980 when the area was developed, and directly discharges into Lotus Lake. The street was overlaid in 2013 and, due to the fully - developed conditions in the area, storm water treatment features were not installed. The applicant has proposed to install a rain garden to mitigate for the additional runoff. However, such a system must be engineered, designed, constructed and properly maintained and could potentially be filled in the future. Proposed Rain Garden IN Yi2CAtj u r of Gravel Parking Area N o, (312 square feet) �R L04- 3 x Driveway Extension (360 square feet) 6 V\ 1 1 24 •�-�- Prop. let floor elev. 994. ESQ r\=E Prop.Weament f Prop. ge rape Ll.elal. The applicant noted that their "lot is small in square footage compared to most other lots in the neighborhood." However, upon review, it was found that there are 10 properties within 500 feet of the subject property that do not meet the 15,000 minimum lot size requirement for the Single - Family Residential (RSF) district. There are three properties with less square footage and one property with the same square footage as the subject property (see chart below). All other properties (21 in total) within 500 feet had a larger lot area. Planning Commission 7015 Sandy Hook Circle Variance — Planning Case 2014-32 October 21, 2014 Page 4 of 4 Property Acres Square Feet Property t 7003 Sandy Hook Circle 0.25 10,890 31 Sandy Hook Road 7005 Sandy Hook Circle 0.25 10,890 7004 Sandy Hook Circle n13,068 7017 Sandy Hook Circle 0.28 12,196.8 7007 Sandy Hook Circle 7002 Sandy Hook Circle 0.29 12,632.4 7016 Sandy Hook Circle 7015 Sandy Hook Circle (Subject Property) 0.29 12,632.4 7018 Sandy Hook Circle 0.34 14,810.4 7020 Sandy Hook Circle 0.34 14,810.4 The neighborhood of the subject property (Colonial Grove at Lotus Lake development) does not have a history of granting, or even requesting, variances. Within 500 feet of the subject property, staff could not find any variance requests. If a variance is granted, the Board of Adjustments and Appeals would need to adopt the appropriate Findings of Fact and Decision. It would also be recommended that the applicant work with city staff to mitigate runoff through using rain garden techniques to reduce storm water into the public system. Furthermore, should the variance be approved, the applicant should be aware that a driveway permit is required and the structure must comply with City Code. Specifically, Section 20-1122 (1) which states that, "driveways shall be setback at least ten feet from the side property lines" and " beginning 20 feet from the front property line, driveways be setback a minimum of five feet from the side property line or the distance of the existing drainage and utility easement on the particular lot or parcel." In addition, if the Board of Adjustments and Appeals decides to approve the variance, city staff recommends approval be subject to the following condition: per Section 20-1122 (4) which states that the parking space shall be surfaced with bituminous, concrete or other hard surface material as approved by the city engineer. These materials do not include gravel, which has been purposed by the applicant. Staff recommends that the Planning Commission deny the variance application and adopt the attached Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Applicant's Narrative. 4. Land Survey with Proposed Expansion. 5. Hard Cover Calculation Worksheet. 6. Email from Michele McKinney dated October 14, 2014. 7. Affidavit of Mailing of Public Hearing Notice. pg:\p1an\2014 planing cases\2014-32 7015 sandy hook circle varianc6staff report 7015 sandy hook cir.dm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Rick D. & Julie Ann Kolbow for a 2.7 percent variance from the maximum hard surface coverage requirement (25 percent) to allow a gravel parking area and driveway expansion on property zoned Single -Family Residential (RSF) — Planning Case 2014-32. On October 21, 2014, 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 as follows: Lot 3, Block 3, Colonial Grove at Lotus Lake 2nd Addition, Carver County, Minnesota 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 maximum hard surface coverage requirement is designed to limit storm water runoff into the city storm water systems. Exceeding this limitation may have a detrimental effect on the city's natural resources. 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: There is not a practical difficulty of complying with the hard surface coverage requirement. It has been noted that the property is smaller than the minimum square footage for the Single -Family Residential District (RSF); however, this is not unique since other properties in the area are smaller than the 15,000 square -foot minimum. The subject property still has a two -stall garage and adequate driveway space for parking. Many homes do not have an additional parking area next to the garage. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for additional parking space. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The difficulty of complying with the hard surface coverage requirement is due to the property owner wanting to expand their driveway and add a parking area. The property is smaller than the minimum lot size requirement for the Residential Single - Family District; however, this is not a unique characteristic within the neighborhood and it does not inhibit the practical use of the property. e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will not alter the character of the area; however, there is not a history of granting, or even requesting, variances within the area of the subject property. 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 #2014-32, dated October 21, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. DECISION "The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment, denies Planning Case #2014-32 for a 2.7 percent hard surface coverage variance to allow a gravel parking area and driveway expansion on property zoned Single -Family Residential District." ADOPTED by the Chanhassen Planning Commission this 21' day of October 21, 2014. CITY OF CHANHASSEN BY: Chairman 2 COMMUNITY DEVELOPMENT DEPARTMENT nsvc;r v cu CITY OF CHANHASSEN Planning Division - 7700 Market Boulevard SEP 'I ',-; )014 Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 rHANHA%ENPl1A,NINGOF.P+ APPLICATION FOR DEVELOPMENT REVIEW Date Filed L`I - i CI -1 ,4 60 -Day Review Deadline: 1 i I � - I �- Planner:- 1 Case #: / Section•• • ••apply) ❑ Comprehensive Plan Amendment .........................$600 ❑ Minor MUSA line for failing on-site sewers ...... $100 ❑ Conditional Use Permit ❑ Single -Family Residence.................................$325 ❑ All Others .........................................................$425 ❑ Interim Use Permit ❑ In conjunction with Single -Family Residence..$325 ❑ All Others .........................................................$425 ❑ Rezoning ❑ Planned Unit Development (PUD)...................$750 ❑ Minor Amendment to existing PUD .................$100 ❑ All Others .........................................................$500 ❑ Sign Plan Review...................................................$150 ❑ Site Plan Review ❑ Administrative ..................................................$100 ElCommercial/Industrial Districts' ......................$500 Plus $10 per 1,000 square feet of building area Include number of existing employees: and number of new employees: ❑ Residential Districts.........................................$500 Plus $5 per dwelling unit ❑ Subdivision ❑ Create 3 lots or less.........................................$300 ❑ Create over 3 lots ...................... $600 + $15 per lot ❑ Metes & Bounds ........................ $300 + $50 per lot ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat` ........................................................$250 'Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way ...................$300 (Additional recording fees may apply) X, Variance ............................................................... $200 ❑ Wetland Alteration Permit ❑ Single -Family Residence...............................$150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ......................................................$100 ❑ Zoning Ordinance Amendment............................$500 ADDITIONAL REQUIRED FEES: 1y Notification Sign .................................................. $2 (City to install and remove) ��� ❑ Property Owners' List within 500':.31.?,. $3 per addres$ =9'� (City to generate - fee determined at pre- licaban meeting) Escrow for Recording Documents.. 50 er document (CUP/SPRNACNARNVAP/Metes & Bounds Subdivision) Project Name: Property Addre Parcel #: ?o S - NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) TOTAL FEES: $\\ h C Q) Received fro,—) , I t 'f� r - I Date Received: cm -V) FCheck Number:`kot IC; Section 2: Required Information Total Acreage: G . a d Wetlands Present? ❑ Yes KNo Present Zoning: tQ97 Requested Zoning: N A Present Land Use Designation: _ 5 3 r174A Requested Land Use Designation: Existing Use of Property: I I Description of Proposal: CA 154 .,)- C'% Section 3: Property Owner and Applicant Information 1 APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, 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. 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: Address: City/State/Zip: Email: Signature: _ Contact: Phone: Cell: _ Fax: Date: PROPERTY OWNER: In signing this application, I, 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: 1, 1 �- Address: -7O ( S t13 GI City/State/Zip:�(ArA U5C A5PIS M.4 `. �t'7 Email: EKQA-9%kw �: (12K1�c t I _ �-�►'� Signature: Contact: Phone: �j�z -'� %4' Cele Iz12, - 753 - 10 R 4— Fax: Date $1 1 4 1 A -- This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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 Who should receive copies of staff reports? Information `Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, 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. 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. ►=," Address: City/State/Zip: Email: Signature: _ Contact: Phone: Cell: Fax: Date: PROPERTY OWNER: In signing this application, I, 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: Addres City/State/Zip:��(4vA U A—sSC t S tT 31% Email: f lKa rf3ckw' 2KTl;ac.N (-at'`� Signature: Contact: Phone: '�52-9]�' l�O� Cell: lzll-7S-'�F-1oo4-" Fax: Date 4:4 1 4- This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: ���Lh`I21q�7 To the City of Chanhassen Planning Department We would like to request a variance from the city of Chanhassen to exceed our allowable hardcover to create an additional parking space next to our existing garage. In the future we plan to add a third stall garage. While many homes in our Sandy Hook neighborhood have 3 car garages ours is only a 2 car garage. While reviewing this request we learned our lot is small in square footage compared to most other lots in the neighborhood. So even though our house footprint is modest or average, adding a parking spot or third stall puts us slightly over the 25% allowable hard cover. Today's lifestyle is different than it was when our house was built. Many teens today have their own cars to get to and from school and the many and various activities they participate in. We now have two teenage drivers and we feel that it would benefit the neighborhood to keep these vehicles from parking on the street as much as possible. In addition to being unsightly, cars parked on the street can create safety issues such as children running into the street from behind a parked car unseen by an approaching driver. During the winter months from Nov. 1 to April 1 Chanhassen has an ordinance prohibiting parking on city streets from 1:00 a.m. to 7:00 a.m. This creates a responsibility for all residents to find room to park their vehicles off the street. The additional hardcover we are asking for is only 4.8% over the allowable maximum. The layout of our lot in relationship to the neighbors is such that this additional space should not have any negative impact on our immediate neighbor on that side or any of our other neighbors. To mitigate any additional runoff we propose installing a rain garden next to the driveway. We would use city recommendations for the size and placement of the rain garden. Thank you for your consideration of this request. Rick and Julie Kolbow 7015 Sandy Hook Circle Chanhassen, MN 55317 ARDARELLE & ASSOCIATES, INC. Land Surveyors 1110 Eden Road Phone (612)941-3031 Eden Prairie, M 55344 Certfffcate Of Surbep Survey For Jamas Lee Book Page File 0217-96 -r- 1 _ - Scale .{"cEp 25 2`D gt\ 7 = 5 Prop. let floor elev.924.a Prop.basement fl.el.�lsjn # 74 Prop.gerage fl.el. 924,f 1 Ywiby weft Mr"Y • /rw wi werM ewwwwd w d • M Mwdwb,f Lor 4, viae& Grnytft At mtn m 1. 1r, 9P.A MA mmmw M Iwwir d a Vww wOGA.an. M wr. No of w wt/ Iw/. 1wvffw by r *, 1 gtb sq. MWARRLF i A= CTI" PC' Kj^ „n► CITY OF CHANHASSEN HARDCOVER CALCULATION WORKSHEET EXISTING AND PROPOSED HARDCOVER Property Address: %7015 63- d" j4c) R_ O- v'C I e_ A. House X = 2 I S.F. X = S.F. X = S.F. X = S.F. X = S.F. B. Garage X = % -7, i S.F. X = S.F. C. Driveway i X O � S.F. 570 X = S.F. D. Sidewalks 3 `" X .7� S.F. X = S.F. f1DD rrI6N E. PatieFBeck 3 Z A �� X (i = i9? L S.F. X = S.F. �7ccv< e F. Other a: , . 2 X 2 (o = -312- S.F. (tis) $ ets /lj X ,�O =7750 S.F. 3 b 0 X = S.F. TOTAL HARDCOVER: TOTAL LOT SIZE: HARDCOVER PERCENTAGE: MAXIMUM % ALLOWABLE: 3U)5, &O - S.F. �U9gs /2 7, q- S.F. % z5 % Prepared by: 4 jac f Date: 8114- Signature: (4- Signature: �NwtE(C�i�EJ Reviewed by: Date: Comments: G:\PLAN\Forms\Hardcover Calculation Worksheet.xls SCANNED Generous, Bob From: Michele McKinney [mmckinney@firstindustrial.comj Sent: Tuesday, October 14, 2014 10:47 AM To: Generous, Bob Subject: Variance Request for 7015 Sandy Hook Cir. - Chanhassen City of Chanhassen - Our neighbors, Rick and Julie Kolbow at 7015 Sandy Hook Cir., have requested a variance for a parking spot next to their garage. This parking spot would exceed lot coverage allowances by approximately 2-3%. We are direct neighbors of theirs at 7013 Sandy Hook Circle. We wanted to express our support for their alterations to their site in hopes that the council will approve their improvements. If you have any questions or concerns please feel free to contact me. Thank you - Matt and Michele McKinney Michele McKinney, CID Space Planner/Designer First Industrial Realty Trust 10140 West 76th Street Eden Prairie, MN 55344 952-852-7170/Shortel 12170 Minneapolis Office 952-942-8778 fax www.firstindustrial.com CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on October 9, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for 7015 Sandy Hook Circle Variance Request - Planning Case 2014-32 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. en J. Enly ardt, D ty Clerk Subscribed and sworn to before me this 9 ` day of J�--kot w -r 12014. '�p KIM T. MEUWISSEN 1 Y ��� {,/Notary Public-Minnespte Notary lic Ew�91.2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 21, 2014 at 7:00 p.m. This hearing may not start Tuesday, later in the evening, depending on the order of thespends. Location: City Hall Council Chambers, 7700 Market Blvd. 7015 SANDY HOOK CIRCLE: Request for a variance to Proposal: exceed the impervious surface limitation to construct a driveway on property zoned Single Family Residential RSF Applicant: Rick Kolbow Property 7015 Sandy Hook Circle 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/2014-32. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at baenerous(rDci.chanhassen.mn.us or by phone at a 952-227-1131. If you choose to submit written comments, it is omment Commems: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, site Plan Reviews, Conditional and Interim Uses, Wetland Alterations. Rezonings, Comprehensive Plan Amendments and Code Amendments require a public headng before the Planning Commission. City ordinances require all property within 501 feet of the subject site to be notified of the application In writing. Any Interested party is invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industdal. • 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. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 21, 2014 at 7:00 p.m. This hearing may not start until later in the evening. depending on the order of theagenda. Location: City Hall Council Chambers 7700 Market Blvd. 7015 SANDY HOOK CIRCLE: Request for a variance to Proposal: exceed the impervious surface limitation to construct a driveway on property zoned Single Family Residential RSF Applicant: Rick Kolbow Property 7015 Sandy Hook Circle 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/2014-32. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at baenerous(cDci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feel of the subject site to be notified of the application in writing. Any Interested parry is Invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/Industrial. • 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 j 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. ALAN C FIELD AMY D VOHS ANDREW J BRANDL LARSEN 7000 SANDY HOOK CIR 31 SANDY HOOK RD 7018 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 CHANHASSEN, MN 55317-9312 CHANHASSEN, MN 55317-9315 BARBARA A BURKE TRUST 7009 CHEYENNE TRL CHANHASSEN, MN 55317-7513 CHINH NGOC HUYNH 7005 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 DANIEL P MALTBY 7002 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 GORDON E & JULIE K I HAMPSON 7003 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 JAMES S & M CAROLYN ERNY 7008 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 LEON & MERILU NAREM 20 SANDY HOOK RD CHANHASSEN, MN 55317-9312 CHANTHA P & RATHANA M BO 7004 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 CHRISTOPHER J ENGEL 7016 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 DONALD & JUDITH LEIVERMANN 7003 CHEYENNE TRL CHANHASSEN, MN 55317-7513 HOLLIE BECKORD 7005 CHEYENNE TRL CHANHASSEN, MN 55317-7513 JOHN D & MARGARET A ADIE 7011 CHEYENNE TRL CHANHASSEN, MN 55317-7513 LOTUS LAKE BETTERMENT ASSN 105 SANDY HOOK RD CHANHASSEN, MN 55317-9580 MARK S & SANDRA L CHRISTENSEN MATTHEW R & MICHELE J 7019 CHEYENNE TRL MCKINNEY CHANHASSEN, MN 55317-7513 7013 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 PAUL H LUEHR 7012 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 RICHARD C HEER 50 SANDY HOOK RD CHANHASSEN, MN 55317-9312 CHARLES L & KATHERINE J HIRT 7007 CHEYENNE TRL CHANHASSEN, MN 55317-7513 CRAIG H & CYNTHIA A WARNER 7006 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 EDWARD N & PEGGY M BENNETT 7017 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 JAMES C MCCLINTICK 7014 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 KENNETH & MERRIE MATSON 61 SANDY HOOK RD CHANHASSEN, MN 55317-9312 MARK & TIFFANY ORTNER 7007 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 PATRIC T SHAUGHNESSY 7010 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 RICK D & JULIE ANN KOLBOW 7015 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 SCOTT M & MARCIA A HIPPEN STEVEN L COHEN SUE G ADLER 7017 CHEYENNE TRL 7022 SANDY HOOK CIR 103 SANDY HOOK RD CHANHASSEN, MN 55317-7513 CHANHASSEN, MN 55317-9315 CHANHASSEN, MN 55317-9580 THOMAS & DOROTHY JAMIESON THOMAS P & PATRICIA PETERSON 30 SANDY HOOK RD 7020 SANDY HOOK CIR CHANHASSEN, MN 55317-9312 CHANHASSEN, MN 55317-9315 Generous, Bob From: Mohn, Jerry Sent: Monday, September 22, 2014 4:20 PM To: Meuwissen, Kim, Generous, Bob Subject: RE: City of Chanhassen Referral Request for Impervious Surface Variance at 7015 Sandy Hook Circle Follow Up Flag: Follow up Flag Status: Completed MEMORANDUM TO: Bob generous FROM: Jerritt Mohn, Building Official DATE: September 22, 2014 SUBP Request for Variance to exceed the impervious surface limitation to construct a driveway on property zoned Single Family Residential (RSF) and located at 7015 Sandy Hook Circle. Planning Case: 2014-32 I have reviewed the above request for a variance and have no comment. G:\PLAN\2014 Planning Cases\2014-32 7015 Sandy Hook Circle Variance\buildingofficialcomments.doc Jerritt Mohn Building Official City, of Chanhassen From: Meuwissen, Kim Sent: Monday, September 22, 2014 2:57 PM To: 'cbleser@rpbcwd.org'; 'jennie.skancke@state.mn.us' Cc: Generous, Bob; Fauske, Alyson; Mohn, Jerry; Jeffery, Terry; Sinclair, Jill Subject: City of Chanhassen Referral Request for Impervious Surface Variance at 7015 Sandy Hook Circle Development Plan Referral Agencies: Aanenson, Kate From: Jeffery, Terry Sent: Monday, November 10, 2014 3:55 PM To: Oehme, Paul Cc: Aanenson, Kate Subject: FW: 7015 Sandy Hook Paul, Denny sent this email (see below). Thought I would give you the information. Their house is located at 11 o'clock from the CW and is bisected by the blue. The mapped soil units are Cordova -Webster and Kilkenny -Lester. Both soils have are in the hydrologic group C/D. What that means is that the soils are frequently saturated and are considered D but when tiled or otherwise drained they what fall in the C group. The Cordova is a poorly drained soil and the Kilkenny is moderately well drained. According to the MN Stormwater Manual D soils have a literature reviewed infiltration rate of 0.06 inch/hour and C soils up to 0.2 inch/hour. I have spoken with Mr. Kolbow and provided him with the volume of water he would need to accommodate. This was based upon the total runoff from the expansion area under the 10 -year design event. I told him that corrected soils (80% washed sand and 20% leaf litter compost) would be considered 40% volume and then the actual depression of course. I also told him that design should be for 6 inch inundation. The area should drain to the storm sewer conveyance and not the houses flooded further down on Sandy Hook where Turcotte and others have had significant issues with surface drainage. p . i •? 1 yA- N air- -tet}f tl Hope this makes sense. Terry -----Original Message ----- From: Laufenburger, Denny Sent: Monday, November 10, 2014 7:00 AM To: Aanenson, Kate; Jeffery, Terry Cc: Gerhardt, Todd Subject: 7015 Sandy Hook Kate and Terry - I'd like you to help me with some facts if possible. Can you be prepared with the lot sizes for each of the properties within two lots of the subject Kolbow property. Also, is it possible to know the hard surface coverage currently in place on those lots? Can you do that without actually going out to measure the hard surface? 2 Also, I'll want to know a little more about the soils and the percolation of water through those soils, versus runoff to storm water pipes or Lotus Lake. Thank you. Denny Laufenburger City Council - Chanhassen 612-327-6800 Sent from my Wad 0� '1 Y � s OF CHANHASSEN NHA� PC DATE: October 21, 2014 -T�) a CC DATE: November 10, 2014 (if necessary) REVIEW DEADLINE: November 18, 2014 CASE #: 2014-32 BY: AF, RG, DI, TJ, ML, JM PROPOSED MOTION: "The Chanhassen Board of Appeals and Adjustments denies the hard surface coverage variance request and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The property owner is requesting a 4.8% hard surface coverage variance to expand their driveway and create a parking area next to their garage. The applicant is also requesting a variance to create a gravel parking area. LOCATION: 7015 Sandy Hook Circle (PID 25-2400080) APPLICANT: Rick D. & Julie Ann Kolbow 7015 Sandy Hook Circle Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF). 2020 LAND USE PLAN: Residential Low Density (Net density 1.2 — 4.0 units per acre) ACREAGE: 0.29 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 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 applicant is requesting a 4.8% variance to expand their driveway. However, staff reviewed their hard cover calculations and determined that they included area within the street right-of- way which is not counted against a lot's hard cover. Staff estimates the variance at 2.7%. The applicant is also requesting a variance to allow a gravel parking area next to their garage. In the future, they state that they will enclose this parking area within a garage, which would not increase hard cover. The proposed parking area is 13 feet from the side property line. When enclosed, the garage stall would comply with the side yard setback requirement. City code does permit the storage of trailers and Recreation Vehicles (section 20-910) on unimproved surfaces Planning Commission 7015 Sandy Hook Circle Variance — Planning Case 2014-32 October 21, 2014 Page 2 of 4 in the side or rear yard, but requires that driveways be surfaced with bituminous, concrete or other hard surface material (section 20-1122 (4)). APPLICABLE REGULATIONS Chapter 20, Article II, Division 3, Variances Chapter 20, Article XII, "RSF" Single -Family Residential District Section 20-615. Lot requirements and setbacks. Chapter 20, Article XXIV. Off -Street Parking and Loading Section 20-1122. Access and Driveways (1) and (4) BACKGROUND The applicant has two teenagers with their own car. They now have to park on the street or park behind their parents' vehicles in the driveway. The proposed driveway expansion would allow the family to all park on their lot without blocking the garage and requiring the movement of vehicles before leaving the house. While staff empathizes with the owners, code dictates that we review the request against city standards. The "RSF" Single Family Residential District section of City Code states that, "the maximum lot coverage for all structures and paved surfaces is 25 percent" (Sec. 20-615(5)). The applicant is requesting a 2.7 percent variance from this requirement to extend their driveway to accommodate additional parking on the property. This variance would permit 27.7 percent hard cover. The maximum hard surface coverage requirement is designed to limit storm water runoff into the city storm water systems. Exceeding this limitation may have a detrimental effect on the city's natural resources. In this request, the applicant has proposed using gravel for a parking space. This request is inconsistent with City Code section 20-1122 (4) which states, "driveways shall be surfaced with bituminous, concrete or other hard surface material, as approved by the city engineer." Gravel is not considered an allowable improved hard surface for driveways. ANALYSIS The applicant is proposing a driveway extension and gravel parking area that will add 672 square feet of hard surface coverage to the parcel (see image on next page). The existing property has 2,827.5 square feet of hard surface coverage (22.4%) out of a total allowable area of 3,158.1 square feet (25%). The proposed addition would put the property at 3,499.5 square feet of hard surface coverage (27.7%), which is 341.4 square feet over the hard cover permitted. The parcel is somewhat limited with its hard surface coverage due to it being 16 percent smaller than the required lot size for lots in the RSF district. The subject property has an area of 12,632.4 square feet. The required lot size for parcels in this district is 15,000 square feet. As stated previously, this lot has 3,158.1 square feet of allowable hard surface space. Alternatively, a property that meets the 15,000 square -foot lot size requirement would have 3,750 square feet of Planning Commission 7015 Sandy Hook Circle Variance — Planning Case 2014-32 October 21, 2014 Page 3 of 4 allowable hard surface space, an amount that is 250 square feet larger than the amount of hard surface proposed in this variance request (3,499.5 square feet). The storm sewer within Sandy Hook Circle was installed in 1980 when the area was developed, and directly discharges into Lotus Lake. The street was overlaid in 2013 and, due to the fully - developed conditions in the area, storm water treatment features were not installed. The applicant has proposed to install a rain garden to mitigate for the additional runoff. However, such a system must be engineered, designed, constructed and properly maintained and could potentially be filled in the future. Proposed Rain Garden to' 25 ZS 9y` 91o�g Gravel Parking Area (312 square feet) L 0 4- 3 x Driveway Extension 1 (360 square feet) '� c'".Int flexr *low. 924, /��'*'. ,_.• +pr :boxwat fl.el. els. ES \st 70/,� WVV gorm" tl.el. 921, The applicant noted that their "lot is small in square footage compared to most other lots in the neighborhood." However, upon review, it was found that there are 10 properties within 500 feet of the subject property that do not meet the 15,000 minimum lot size requirement for the Single - Family Residential (RSF) district. There are three properties with less square footage and one property with the same square footage as the subject property (see chart below). All other properties (21 in total) within 500 feet had a larger lot area. Planning Commission 7015 Sandy Hook Circle Variance — Planning Case 2014-32 October 21, 2014 Page 4 of 4 Property Acres Square Feet Property Acres Square Feet 7003 Sandy Hook Circle 0.25 10,890 31 Sandy Hook Road 0.30 13,068 7005 Sandy Hook Circle 0.25 10,890 7004 Sandy Hook Circle 0.30 13,068 7017 Sandy Hook Circle 0.28 12,196.8 7007 Sandy Hook Circle 0.31 13,503.6 7002 Sandy Hook Circle 0.29 12,632.4 7016 Sandy Hook Circle 0.34 14,810.4 7015 Sandy Hook Circle (Subject Property) 0.29 12,632.4 7018 Sandy Hook Circle 0.34 14,810.4 7020 Sandy Hook Circle 10.34 14,810.4 The neighborhood of the subject property (Colonial Grove at Lotus Lake development) does not have a history of granting, or even requesting, variances. Within 500 feet of the subject property, staff could not find any variance requests. If a variance is granted, the Board of Adjustments and Appeals would need to adopt the appropriate Findings of Fact and Decision. It would also be recommended that the applicant work with city staff to mitigate runoff through using rain garden techniques to reduce storm water into the public system. Furthermore, should the variance be approved, the applicant should be aware that a driveway permit is required and the structure must comply with City Code. Specifically, Section 20-1122 (1) which states that, "driveways shall be setback at least ten feet from the side property lines" and " beginning 20 feet from the front property line, driveways be setback a minimum of five feet from the side property line or the distance of the existing drainage and utility easement on the particular lot or parcel." In addition, if the Board of Adjustments and Appeals decides to approve the variance, city staff recommends approval be subject to the following condition: per Section 20-1122 (4) which states that the parking space shall be surfaced with bituminous, concrete or other hard surface material as approved by the city engineer. These materials do not include gravel, which has been purposed by the applicant. RECOMMENDATION Staff recommends that the Planning Commission deny the variance application and adopt the attached Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Applicant's Narrative. 4. Land Survey with Proposed Expansion. 5. Hard Cover Calculation Worksheet. 6. Email from Michele McKinney dated October 14, 2014. 7. Affidavit of Mailing of Public Hearing Notice. pgAplaW014 planning cases\2014-32 7015 sandy hook circle variane6staffreport 7015 sandy hook c r.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION 1 ' Application of Rick D. & Julie Ann Kolbow for a 2.7 percent variance from the maximum hard surface coverage requirement (25 percent) to allow a gravel parking area and driveway expansion on property zoned Single -Family Residential (RSF) — Planning Case 2014-32. On October 21, 2014, 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 as follows: Lot 3, Block 3, Colonial Grove at Lotus Lake 2d Addition, Carver County, Minnesota 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 maximum hard surface coverage requirement is designed to limit storm water runoff into the city storm water systems. Exceeding this limitation may have a detrimental effect on the city's natural resources. 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. Fending: There is not a practical difficulty of complying with the hard surface coverage requirement. It has been noted that the property is smaller than the minimum square footage for the Single -Family Residential District (RSF); however, this is not unique since other properties in the area are smaller than the 15,000 square -foot minimum. The subject property still has a two -stall garage and adequate driveway space for parking. Many homes do not have an additional parking area next to the garage. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for additional parking space. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The difficulty of complying with the hard surface coverage requirement is due to the property owner wanting to expand their driveway and add a parking area. The property is smaller than the minimum lot size requirement for the Residential Single - Family District; however, this is not a unique characteristic within the neighborhood and it does not inhibit the practical use of the property. e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will not alter the character of the area; however, there is not a history of granting, or even requesting, variances within the area of the subject property. 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 #2014-32, dated October 21, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. "The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment, denies Planning Case #2014-32 for a 2.7 percent hard surface coverage variance to allow a gravel parking area and driveway expansion on property zoned Single -Family Residential District." ADOPTED by the Chanhassen Planning Commission this 21' day of October 21, 2014. CITY OF CHANHASSEN BY: Chairman 2 COMMUNITY DEVELOPMENT DEPARTMENT ncvcrvry Planning Division - 7700 Market Boulevard SEP 1 2014 CITY OF CHAI�HASSEN Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 GHANWA3ISNRANMNG.p APPLICATION FOR DEVELOPMENT REVIEW Date Filed: GG _ I G._ -,--L 60 -Day Review Deadline: � — I S'i -I `f" Planner: /.17 i Case #: -k / 4 - Section•• • ••apply) ❑ Comprehensive Plan Amendment .........................$600 ❑ ❑ Minor MUSA line for failing on-site sewers ...... $100 ❑ Conditional Use Permit ❑ Consolidate Lots..............................................$150 ❑ Single -Family Residence.................................$325 Lot Line Adjustment.........................................$150 ❑ All Others .........................................................$425 ❑ Interim Use Permit Escrow will be required for other ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others .........................................................$425 ❑ Rezoning ❑ Planned Unit Development (PUD)...................$750 ❑ Minor Amendment to existing PUD .................$100 ❑ All Others .........................................................$500 ❑ Sign Plan Review...................................................$150 ❑ Site Plan Review ❑ Administrative ..................................................$100 ❑ Commercial/Industrial Districts' ......................$500 Plus $10 per 1,000 square feet of building area Include number of existing employees: and number of new employees: ❑ Residential Districts.........................................$500 Plus $5 per dwelling unit ❑ Subdivision ❑ Create 3 lots or less.........................................$300 ❑ Create over 3 lots ...................... $600 + $15 per lot ❑ Metes & Bounds ........................ $300 + $50 per lot ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat' ........................................................$250 'Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way...................$300 (Additional recording fees may apply) Variance............................................................... $200 ❑ Wetland Alteration Permit ❑ Single -Family Residence...............................$150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ......................................................$100 ❑ Zoning Ordinance Amendment............................$500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ADDITIONAL REQUIRED FEES: j ► Notification Sign .................................................. $2 TOTAL FEES: $ �o • ei (City to install and remove) �-� \ ❑ Property Owners' List within 500'.91.X.. $3 per addres$ =9I Received frortx� l �t t t✓ � (City to generate - fee determined at pre- lication meeting) "A Escrow for Recording Documents .. 50 er document Date Received: OG -til -1 Check Number:got lc; (CUP/SPRNACNAR/WAP/Metes & Bounds Subdivision) Section 2: Required Information Project Name: 2C e. /,0 O to Property Address or Location: L Parcel #JS -, Q00 $O Legal Description: Total Acreage: Wetlands Present? Present Zoning: K5� Present Land Use Designation: Existing Use of Property: 4 Description of Proposal: lr+,e .9- it r '% Check box 4 separate narraf a is attached ❑ Yes 8(No fir` Requested Zoning: N !k Requested Land Use Designation: f)4141 141 t Section 3: Property Owner and Applicant Information ' APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, 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: Address: City/State/Zip: Email: Contact: Phone: Cell: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, 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: jZ IG.* "f_SQL,3 Contact: Phone: 4:J52 - >74- If 0 o4� Cell iit2,- -I Oo 4— '7015 Address: c.a an Signature: Fax: Date, E / 1 4:� 1 This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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 (f 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: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: DUANNED To the City of Chanhassen Planning Department We would like to request a variance from the city of Chanhassen to exceed our allowable hardcover to create an additional parking space next to our existing garage. In the future we plan to add a third stall garage. While many homes in our Sandy Hook neighborhood have 3 car garages ours is only a 2 car garage. While reviewing this request we learned our lot is small in square footage compared to most other lots in the neighborhood. So even though our house footprint is modest or average, adding a parking spot or third stall puts us slightly over the 25% allowable hard cover. Today's lifestyle is different than it was when our house was built. Many teens today have their own cars to get to and from school and the many and various activities they participate in. We now have two teenage drivers and we feel that it would benefit the neighborhood to keep these vehicles from parking on the street as much as possible. In addition to being unsightly, cars parked on the street can create safety issues such as children running into the street from behind a parked car unseen by an approaching driver. During the winter months from Nov. 1 to April 1 Chanhassen has an ordinance prohibiting parking on city streets from 1:00 a.m. to 7:00 a.m. This creates a responsibility for all residents to find room to park their vehicles off the street. The additional hardcover we are asking for is only 4.8% over the allowable maximum. The layout of our lot in relationship to the neighbors is such that this additional space should not have any negative impact on our immediate neighbor on that side or any of our other neighbors. To mitigate any additional runoff we propose installing a rain garden next to the driveway. We would use city recommendations for the size and placement of the rain garden. Thank you for your consideration of this request. Rick and Julie Kolbow 7015 Sandy Hook Circle Chanhassen, MN 55317 SCANNED nttunicLLLG a nJJV�.IAIGJ, ura . "ano surveyors 1110 Eden Road Phone (612)941-3031 Eden Prairie, MN 55344 tertturmit Of burbep Survey For Jae" Lee Book Page File 0217-86 t 25 25 gyp -- 7 Prop. lat floor elev. 924.0 46S; ��# ` Prop.basement fl.el. col -TO 70/y Prop.garage fl.el. 1)24,6' 1 h.e►r Mlr •r *b Y • bow .d am.w .y.rn. ale A" M r7.1.N w w boli nd fwwA1►r r abo.rw W" *A born. w.r ¢aFmAW a Assoc eTj" rm� un 't?AP CITY OF CHANHASSEN HARDCOVER CALCULATION WORKSHEET EXISTING AND PROPOSED HARDCOVER Property Address: %01 aw('la A. House X = !Z 4-1 S.F. X = S.F. X = S.F. X = S.F. X = S.F. B. Garage x = 03-33 S.F. X = S.F. C. Driveway X 0 � S.F. 570 X = S.F. D. Sidewalks X 8 4- S.F. X = S.F. ADO rrw4 x 2---S.F. X = S.F. F. Other X S.F. X TO S.F.'S to 0 X = S.F. TOTAL HARDCOVER: 3740s. HOZ S.F. S,yggs TOTAL LOT SIZE: 11147,4- S.F. HARDCOVERPERCENTAGE: L`I. D % 2-1.1 MAXIMUM % ALLOWABLE: 7-5 % Prepared by: 1.b -E4 -'C Ko l bbO Date: - 11/6114 -Signature: JPCbiJ Reviewed by: Comments: Date: G:\PLAN\Forms\Hardcover Calculation Worksheet.xls SCANNED Generous, Bob From: Michele McKinney [mmckinney@firstindustrial.com] Sent: Tuesday, October 14, 2014 10:47 AM To: Generous, Bob Subject: Variance Request for 7015 Sandy Hook Cir. - Chanhassen City of Chanhassen - Our neighbors, Rick and Julie Kolbow at 7015 Sandy Hook Cir., have requested a variance for a parking spot next to their garage. This parking spot would exceed lot coverage allowances by approximately 2-3%. We are direct neighbors of theirs at 7013 Sandy Hook Circle. We wanted to express our support for their alterations to their site in hopes that the council will approve their improvements. If you have any questions or concerns please feel free to contact me. Thank you - Matt and Michele McKinney Michele McKinney, CID Space Planner/Designer First Industrial Realty Trust 10140 West 76th Street Eden Prairie, MN 55344 952-852-7170/Shortel 12170 Minneapolis Office 952-942-8778 fax www.firstindustriaI.com CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on October 9, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for 7015 Sandy Hook Circle Variance Request — Planning Case 2014-32 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. Y,den J. En I ardt, De ty Clerk Subscribed and sworn to before me this day of.2014. �A KIMT. MEUWISSEN tKi� . 1 Loo i �. 411 a ary Publio•MNnsopt� Notalic — VyC- ryW"Wsph"ion e1•M5 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 21, 2014 at 7:00 P.M. This hearing may not start until later In the evening, depending on the order of theagenda. Location: City Hall Council Chambers 7700 Market Blvd. 7015 SANDY HOOK CIRCLE: Request for a variance to Proposal: exceed the impervious surface limitation to construct a driveway on property zoned Single Family Residential RSF Applicant: Rick Kolbow Property 7015 Sandy Hook Circle 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/2014-32. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bgenerous(rDci.chanhassen.mn.us or by phone at Questions 952-227-1131. If you choose to submit written comments, itis Commeu: Comments: n : helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments. Site Plan Reviews, Conditional and Interim Uses, Wetiand 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 she 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 pall 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 majonty 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). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. If you wish to have something to be Included In the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 21, 2014 at 7:00 P.M. This hearing may not start until later In the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. 7015 SANDY HOOK CIRCLE: Request for a variance to Proposal: exceed the impervious surface limitation to construct a driveway onpropeeTtLzoned Single Family Residential RSF Applicant: Rick Kolbow Property 7015 Sandy Hook Circle 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/2014-32. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bgenerousAci.chanhassen.mmus or by phone at 952-227-1131. If you choose to submit written comments, it is Comments: 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 Com lesion meeting. City Ravi" Procedure: • SubdNlsions, Planned unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Remnings, 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 recommendatlon. 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 commercialAndustrlal. • 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. ALAN C FIELD AMY D VOHS ANDREW J BRANDL LARSEN 7000 SANDY HOOK CIR 31 SANDY HOOK RD 7018 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 CHANHASSEN, MN 55317-9312 CHANHASSEN, MN 55317-9315 BARBARA A BURKE TRUST 7009 CHEYENNE TRL CHANHASSEN, MN 55317-7513 CHINH NGOC HUYNH 7005 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 DANIEL P MALTBY 7002 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 GORDON E & JULIE K I HAMPSON 7003 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 JAMES S & M CAROLYN ERNY 7008 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 LEON & MERILU NAREM 20 SANDY HOOK RD CHANHASSEN, MN 55317-9312 CHANTHA P & RATHANA M BO 7004 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 CHRISTOPHER J ENGEL 7016 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 DONALD & JUDITH LEIVERMANN 7003 CHEYENNE TRL CHANHASSEN, MN 55317-7513 HOLLIE BECKORD 7005 CHEYENNE TRL CHANHASSEN, MN 55317-7513 JOHN D & MARGARET A ADIE 7011 CHEYENNE TRL CHANHASSEN, MN 55317-7513 LOTUS LAKE BETTERMENT ASSN 105 SANDY HOOK RD CHANHASSEN, MN 55317-9580 MARK S & SANDRA L CHRISTENSEN MATTHEW R & MICHELE J 7019 CHEYENNE TRL MCKINNEY CHANHASSEN, MN 55317-7513 7013 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 PAUL H LUEHR 7012 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 RICHARD C HEER 50 SANDY HOOK RD CHANHASSEN, MN 55317-9312 CHARLES L & KATHERINE J HIRT 7007 CHEYENNE TRL CHANHASSEN, MN 55317-7513 CRAIG H & CYNTHIA A WARNER 7006 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 EDWARD N & PEGGY M BENNETT 7017 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 JAMES C MCCLINTICK 7014 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 KENNETH & MERRIE MATSON 61 SANDY HOOK RD CHANHASSEN. MN 55317-9312 MARK & TIFFANY ORTNER 7007 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 PATRIC T SHAUGHNESSY 7010 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 RICK D & JULIE ANN KOLBOW 7015 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 SCOTT M & MARCIA A HIPPEN STEVEN L COHEN SUE G ADLER 7017 CHEYENNE TRL 7022 SANDY HOOK CIR 103 SANDY HOOK RD CHANHASSEN, MN 55317-7513 CHANHASSEN, MN 55317-9315 CHANHASSEN, MN 55317-9580 THOMAS & DOROTHY JAMIESON THOMAS P & PATRICIA PETERSON 30 SANDY HOOK RD 7020 SANDY HOOK CIR CHANHASSEN, MN 55317-9312 CHANHASSEN, MN 55317-9315 Dear Peggy and Ed, Enclosed is the survey we submitted to the City of Chanhassen for the variance request. The parking/garage spot is proposed to be 12' wide with the driveway angled into our existing driveway for access. The set back from your property line should be 13'. We now have four vehicles and will soon have four drivers and we feel an extra spot will be better for both safety and aesthetics. To mitigate additional water runoff we have proposed adding a rain garden to the north side of the new driveway which we would maintain. The grass has always been difficult on that side so the garden should be an improvement. As part of our addition the excavator will also be creating a swale to the north of our garage so the water doesn't flow into your yard. We hope and believe these improvements to our property will help to increase the value of the houses on our street. Thank you so much for your consideration and if you have any questions please let us know. Thanks, Julie and Rick Ed Bennett From: Peggy Bennett [bnntt2003@msn.com] Sent: Wednesday, October 15, 2014 9:00 AM To: edb@impacticx.com Subject: Fwd: Kolbow Variance Sent from my iPad Begin forwarded message: From: Julie Kolbow <iuliekolbow(�gmail.com> Date: September 23, 2014 at 9:27:19 AM CDT To: Julie Kolbow <juliekolbow(ia gmail.com> Subject: Kolbow Variance Dear Neighbors, You will soon be receiving notice from the City of Chanhassen that we have applied for a variance to add a parking spot next to our garage. We have a two car garage and hope to add a third stall in the near future. In the mean time we would like an extra parking spot. Chanhassen has a hardcover limit of 25% of property square footage. We need a hardcover variance because adding this parking spot plus a driveway exceeds the allowable property hardcover by 4.8%. It is about 600 square feet over. We are also in the process of adding a small addition to the back of our house which is 260 square feet. Because our lot size is small we would still be applying for a variance regardless of the addition. To mitigate the extra runoff from this additional hardcover we plan to install a rain garden next to the driveway. We hope you will be supportive of these improvements to our property. If you have any questions or concerns, please let us know. Thanks, Rick and Julie Kolbow October 14. 2014 Re: Zoning Variance Request 7015 Sandy Hook Circle Chanhassen, MN 55317 Dear Members of the Planning Commission: We are the immediate neighbor to the North of the above property and request that you refuse this variance. As citizens, we rely on the reasoned judgment of the planning commission to evaluate the necessity of approving these types of variances. The desires of property owners to make changes to their property to accommodate their personal preferences are understandable, but must be balanced against the zoning restrictions enforced by the city. These restrictions are rooted in established, common agreement among the residents of the city through their representatives, and exist for many good reasons. The owners' stated purpose in requesting the variance to the hardcover limit is that the owners' intend to park more vehicles externally and along the side of their garage (enclosed letter and email) and in direct view of our property, rather in their garage and driveway as they do today. Thus, granting a variance will result in creating a `parking lot' appearance as viewed from our front yard and home entrance (enclosed photos), as well as from other viewpoints, which does not exist today. While the hardcover limit is not a limit on vehicles directly, it is a limit on the acceptable ratio of hard covered parking surface to lot size, and therefore related. Our home is set back further from the street than the 7015 property, so the visual effects of this variance would be even more pronounced from our entry and windows. Moreover, the posted plan shows a 'gravel parking space' in addition to a requested variance for hard cover. This too, by itself and with more vehicles, will detract from the norms and home values of this community. The burden of necessity should fall on the variance seekers, not the other property owners. If their lot is not suitable for their needs, it should not be made so at expense of others. Sincerely, Fd and Peggy Bennett 7017 Sandy Hook Circle. Chanhassen, MN 55317 t L !Y t ■■ y}� n. �� L4 Jl 41, Fnip eT— i� t _ +r. ''yrs i;6 I �I--32- Y Chanhassen Planning Commission — October 21, 2014 Fire: 1. The new buildings will be required to have an approved fire sprinkler suppression system installed. Plans shall be drawn by a sprinkler design professional and submitted to Chanhassen Fire Marshal for review and approval. 2. Twelve -inch building address numbers must be installed on each end of the building. Numbers must be of contrasting color. Contact Fire Marshal for additional information. 3. "No Parking Fire Lane" signs will be required. Contact Fire Marshal for specific areas to be signed. Plannine 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The applicant shall create a zoning lot and recombine the two properties as one parcel. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: 7015 SANDY HOOK CIRCLE: REOUEST FOR A VARIANCE TO EXCEED THE IMPERVIOUS SURFACE LIMITATION TO CONSTRUCT A DRIVEWAY ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 7015 SANDY HOOK CIRCLE. APPLICANT/OWNER: RICK KOLBOW. PLANNING CASE 2014-32. Generous: Thank you Chairman Aller, commissioners. Again this is a hard surface coverage variance request. Planning commission as the Board of Appeals and Adjustments can make a final determination provided they have a 75 percent vote on it. The applicants are Rick and Julie Kolbow. The property's located at 7015 Sandy Hook Circle. This is in, what was it? Colonial Grove 2°d Addition is the name of the plat. It was platted in 1980. The Colonial Grove was actually originally platted in 1956 so it's an older subdivision within the community. Oh I should point out that I did hand out tonight two emails that we received after the packets went out and also we have an alterative findings for the commission if they so desire. Aller: Thank you and for the record we have received the two email items and the additional Findings of Fact and Decision as an alternative. Generous: The property owners as part of their request to get a 4.8 percent hard surface coverage variance to expand their garage and to create a parking area next to their, to the garage. In the future they intend to use this parking area to build an additional stall on the garage and so they would not be increasing any of the hard surface coverage at that time. It would be currently. They'd also like to use gravel for that parking area on the side of the garage as an interim cover. However city code does require that a driveway be an improved surface. Asphalt, bituminous pavers, things like that. Staff in reviewing this we determined that they actually over calculated the hard surface coverage on the property because they included the driveway portion within the SCANNED Chanhassen Planning Commission — October 21, 2014 public right-of-way which we do not credit or take debit against the property itself. And also they squared up the actual driveway area on their property and so they were a little bit high. So basically it reduces their variance request by 2.1 percent so they'd be at a total of 27.7 percent hard cover if they went forward with the plan that they're proposing. Here's the survey we colored in. This pic area represents the driveway extension and this brown area is their parking stall that they'd use. This is the area also that would be, could be covered up as part of a third stall. They exceed the side setback requirements. There's currently 26 feet to the side property line and they're only proposing to go out 12 feet with this expansion so we still have the 14 feet setback, and it's only a 10 foot side yard setback that's required under city ordinance. The applicant has also stated that they're willing to do some type of a rain garden to help mitigate any stormwater runoff that may be generated from this expansion. They are currently under construction with an addition in the back of the property. So a pretty busy site. Oh we did look at properties within the neighborhood to see which had 3 cars or 3 stall areas in it and we found that within the immediate area there's 9 different properties that have larger driveways than the standard 2 car, 2 stall driveway area They also noted that within this development there are several properties that are under the 15,000 square foot minimum under the RSF district regulations. There are 5 between 10,000 and 12,600 square feet and then 6 that were between 13,000 and 15,000 square feet. The subject property is 12,632 square feet and it's located right in the middle of this. There are 21 other properties that meet or exceed the minimum requirements in the RSF district. Part of the issue with this area is Sandy Hook was installed in 1980. Their stormwater improvements and a direct, the stormwater goes right into Lotus Lake. We overlaid the area in 2013 and this is fully developed area so it was, the City could not provide additional stormwater treatment facilities. Again the applicant has proposed a rain garden system to address the additional runoff that would be generated by going over the 25 percent hard cover. We wanted to point out that such systems must be engineered, designed and constructed and be properly maintained to actually serve the function that they're intended to, especially in Chanhassen where we have significant soil issues. Unfortunately while we empathize with the property owners, to be consistent we are recommending denial of the hard surface variance request and the request for the gravel parking area and adoption of the Findings of Fact and Decision. With that I'd be happy to answer any questions. Aller: If the, if the lot was a regular lot size and not sub -standard lot size then we wouldn't even need the variance correct? Generous: That's correct. They would be within the 25 percent. Aller: Is their setback requirements for their plan would meet the, it would exceed the setback requirements so they would be fine there. Generous: That's correct. They would comply with the ordinance for setback location issues. Even for the driveway requirements. Aller: With the potential for a rain garden, can it be engineered to allow for the amount that would have, that would be the amount for the 30 percent hard cover requirement or? Fauske: We haven't seen any design calculations to this point Chairman Aller. Certainly the idea of a rain garden is typically to allow for infiltration of the stormwater runoff into the soil. However generally speaking in this area of Chanhassen, infiltration isn't typically found in the 10 f Chanhassen Planning Commission — October 21, 2014 soils there. They're typically a more tight soil that's not capable of a lot of infiltration and so rain gardens in that instance can be utilized to provide a temporary holding area for some stormwater before it discharges to the storm sewer system so it can provide some rate control but it may not be able to infiltrate some of the water, but we don't have any of that information at this time. Aller: If this were to be allowed subject to the rain garden, could we foreseeably have a better situation than we currently, currently have? In other words if we allow for some hard cover use but we obtain the rain gutter, could we actually pick up that rate flow reduction and the infiltration? Fauske: I don't have any information to be able to tell for certain at this time. A rain garden can be sized for a number of different impervious surfaces. It would depend if the, I think what they were proposing was to size it based on the additional impervious surface above the 25 percent allowable but I haven't taken a look to see if there's enough space to accommodate in addition to that 2.7 percent. Aller: So foreseeable we could approve it with a rain garden and then it would be left up to the engineering to and the homeowner to decide whether it was actually feasible? Fauske: Correct. Aller: Any other questions commissioners? Commissioner. Campion: Are there any materials that can be used for the extra, the addition that would decrease the additional hard surface? Fauske: There's certainly certain materials like a porous pavement or porous concrete, porous pavers, that sort of thing. City code does not allow for that installation to offset the additional impervious surface. The reason, we've had some discussions regarding that on a staff level and the challenge is, is the long term maintenance of that facility and likewise with a rain garden is, they're installed with the intention of providing that rate control and sometimes infiltration if the soils allow for that. However in a period of time after that if the homeowner wished to go and change that out for a traditional concrete paver or bituminous surface, we typically don't, we don't have the authority to go in and, go in after the fact and make them put it back in. That's been the challenge that we've had on a staff level. Campion: Okay. Aller: Is there anything stopping us from requiring that they maintain it or? Aanenson: We always put those requirements but the challenge is, is you're relying on staff to be out there checking it and homeowners change over time and someone might have a different expectation. The new buyer might have a different expectation of not wanting to maintain it but it's there and pull it out make something simpler and it's always the challenge. That's why I think we've been, and especially in those areas as Alyson has mentioned where we've got more compact soils, it's just puts a lot more burden on everybody else so. Keeping a rain garden or 11 Chanhassen Planning Commission — October 21, 2014 something that's more visible to see hopefully. Even that you can still have problems with and they change hands. Aller: Okay, thank you. Any additional questions? Weick: Is the addition that's being built now factored into the part that is hard cover? Generous: Yes it is. Weick: It is. And then I guess in your opinion we've seen situations like this before and sometimes you guys have ideas to cut comers or make it a little bit smaller or I mean is it squeezed as much as you think? Generous: Well to make it a functioning driveway and parking area, yes. Weick: It is, okay. Generous: Especially if their intention is to turn it into a third staff sometime in the future. Weick: Okay, thank you. Aller: And that would be consistent with at least 9 other third stall garages in that immediate vicinity right? Generous: Yes. Aller: Okay. Okay. No other questions we'll hear from the applicant if you want to come forward and perhaps answer some additional questions. We'll need to state your name and address for the record. Julie Kolbow: We're Rick and Julie Kolbow. We're at 7015 Sandy Hook Circle. Aller: Welcome. And then why don't you tell us a little bit about why you want the improvement and the variance. Julie Kolbow: Well we've been in the neighborhood for 16 years and we now have two teenagers. Four vehicles and we feel like our driveway just isn't big enough to handle those vehicles so then they're invariably every day out into the street and we feel like that's creating a problem for neighbors and a safety issue with the kids driving around and especially teenage drivers and we felt like it would be safer and neater in the community to have this extra little spot to tuck that vehicle away so that it wasn't obstructing the road on a daily basis. Aller: Okay. And if I can ask you now but snow removal. With the cars on that strcet, are there problems with snow removal or has it created problems having alternate cars parking? Julie Kolbow: Well we haven't had the vehicles that long so. I mean obviously we can't park overnight on the, we don't park the cars overnight on the street. We pull them in the driveway every night but with people coming and going and their various activities it's in and out. In and 12 Chanhassen Planning Commission — October 21, 2014 out and on both sides of the driveway. Of course everything looks terrible right now because we have a dumpster and you know pick-up trucks and luckily it's going very quickly but you know we're just, we're trying to figure out a way to make it good for our situation but then everyone involved because we don't feel like it's a good situation for other people. Aller: If the variance goes through and it looks like you put out a call to the neighbors to see whether there were any problems and it looks like you have several individuals that sent in emails in support and a neighbor that was not so pleased with the potential for a view. Had you thought about the view and how to deal with that situation if we were to move forward and allow for the variance? Julie Kolbow: Well there's two things on that. We've had an email communication with that neighbor and they asked that we install kind of a buffer of shrubbery next to that and we absolutely we would do that and we told them that we would do that but they submitted the letter after that so I, maybe that's not enough but we, I guess that we were surprised with the view issue because on that side of their house there are no windows on their house so they can't really see from there. I suppose if they were in, you know out in the street or from the driveway they could certainly see but I'm not sure, the cars are still there whether they're in the driveway or one's parked next to the garage, they're all, the cars are still there. Aller: And then with regard to the potential for a rain gutter, you understand that if it was to be granted that there's a big concern on maintaining it and moving forward into the future and what would your plans be with that? Julie Kolbow: Well we would do whatever the City, we would work with the City engineers. Rick Kolbow: Look for their ideas, right. I mean we're no expert on exactly what needed to be done but I think somebody Julie talked to, maybe had some ideas or couldn't give us. Julie Kolbow: I stopped in with Bob early on to talk about... There were technical difficulties at this point in the meeting and a portion of the audio recording was lost. Rick Kolbow: We have construction going on at our house with the addition and there's just too many things to undertake that as well at the same time so. Tennyson: Okay, thank you. Aanenson: I just want to clarify too for the code. Our city code does allow for parking on your side. That's where people sometimes put a boat. Aller: Or trailer. Aanenson: Snowmobile trailers so it's not uncommon that people would park. It's different when you're looking at hard cover and kind of a more permanency thing and that's how we looked at that but that is where we, the code does allow for that to occur. 13 Chanhassen Planning Commission — October 21, 2014 Julie Kolbow: Does the code allow just for recreational vehicles and boats or is that for vehicles as well? Generous: Mr. Chairman, it does allow for those and actually in those instances you would not have to have a hard surface. Rick Kolbow: Recreational vehicles and/or trailers. Aanenson: Yeah, and those are more permanent type of things that are going to sit there for the not coming and going kind of thing. Rick Kolbow: Well and we have a boat and that's certainly something as an option. You know I know I parked the trailer before there because we're right next to Lotus Lake so we have a boat on so we have that scenario but I've thought that it would sure be nice to have a nice clean paved or surface there to park it because it just seems like that would be nice for us and our neighbors. It would look better. It's just like a trailer sitting in the grass. Campion: Bob was the hard cover, the 2.7 percent addition assuming the gravel section is paved? Generous: We include gravel as hard cover anyway because once it's compacted it doesn't allow percolation. Campion: Okay. So if they did and they left that as grass and parked a boat there instead, what would the hard cover total be? Generous: We didn't calculate that separately because their intention would be to cover this area eventually with a garage stall. Campion: Right. Generous: But it looks like it's 12 by 26. That's my math. Aller: Okay. Do you have any additional questions for the applicant? Rick Kolbow: I mean ultimately we're trying to. Julie Kolbow: So that spot would be 312. So it's very close to how much. I think it's, is it 341 square feet that we're over? 341.4. So we're not trying to go crazy with what we're doing. We're just trying to be reasonable. Rick Kolbow: We didn't realize we had this, we were that tight until we started pursuing it. I mean we're adding on to our kitchen and our home but then when you start looking at this and we're like oh, as long as the guys are out there maybe we can make this spot we've been talking about and all of a sudden our lot is, there's a lot of room over there but our lot is smaller than what we realized because our whole neighborhood is filled with these circle driveways and kind of get this. 14 Chanhassen Planning Commission — October 21, 2014 Julie Kolbow: And here we didn't know how good we had it with lawn mowing for so long. Aller: Okay, thank you. With that I'll open the public hearing portion of the meeting so anyone coming forward can speak either for or against this item before us. Seeing no one come forward I will close the public hearing and open it up for comments. Undestad: I've got a question too. I mean in the rain garden issue your comment about you know how do you protect it and maintain it. Who keeps an eye on it? I know we can't do it from a staff level and keep policing all the rain gardens but is there a way to put some sort of a permanent easement or something into it? Where once it's defined that it will work, assuming it works. They get the variance that then you can put that on to the parcel of land and it stays there? Fauske: There are mechanisms that do allow for that. However the challenge, as Kate had mentioned is that you have future property owners that perhaps don't want that amenity associated with the property and so it becomes a balance of trying to find some accommodations to accomplish what they want to do with the property today while still being cognizant of potential future homeowners that may not want that feature. Hokkanen: But if it's an easement or if it's attached to the property it would be then disclosed and carried to the next homeowner. Fauske: Correct. Correct it would be. It's just, it's a challenge from a staff perspective and I, just going in and having you know somewhat of the heavy hand of government so to speak, that's typically viewed upon very positively so that's been the challenge that we've been faced with. Aller: Well I bate to see somebody not be able to use their property in the way that they want to when it's smaller than everybody else's and everybody else has 3 car garages. Everybody else has the ability to use their property in that fashion. It's, this wouldn't alter the conditions. I think the neighbors are obviously in tune because they've contacted us, most of them in favor. The one sounds like that one neighbor would be very keen on letting us know if the nein garden was not working or was replaced or terminated by subsequent homeowners so based on the number and the amount and the fact that it sounds like that would, if we make it conditioned it would have to be dealt with before, before this gets done and it kind of puts it in the hands of the engineers and the homeowner to see whether they can accomplish it and then it's to me a better result because then they can make that decision and it's not the heavy hand of government telling them they can't use their property in a reasonable fashion for this particular area. Undestad: Well I agree with this platted back in the 50's like that and you kind of look at the neighborhood when you buy it and assume you can do certain things and a couple thousand feet of green area makes a big difference on a lot size. Weick: I would say though the current driveway serves the current purpose. If you had 2 extra cars you could park them in the driveway without parking them on the side of the garage. So that's one other way to look at it. The other is, and I mean we hear this more and more and it starts to get me thinking about these rain gardens. It feels to me like we should stop considering them as offsets to hard cover because there just isn't a permanence to them. And although 15 Chanhassen Planning Commission — October 21, 2014 they're nice as a to do, there is no guarantee that they're going to be there in the future so it feels like we shouldn't continue using them as offsets. And it's fine, I don't necessarily mean that I oppose this but it feels good to say we're going to put a rain garden in and it might work for a few years but there's, that feels like sort of a hollow offset to me so those are the only two things I would note about the current situation. Campion: Is there an alternative to rain gardens that you know would be something like gravel or rock bed that serves a similar function of the rain garden but doesn't require such maintenance? Aller: With the pavers or? Fauske: I mean certainly there's, there's porous pavements and porous pavers that are out there. That's a technology that's available. There's a higher, we've seen higher bid costs for those types of technologies because of the, there's not as many contractors that are available to do that work so it's a little bit of a specialty. That certainly is a technology though that it would be available to provide that. Again the idea being there is some engineering involved with that because you have to have a certain layer of material underneath that surface in order for the water to go in and soak through there and then infiltrate if it can or else get to a storm sewer system and discharge. So the challenge with the porous pavement or porous asphalt is that you have to have a storm sewer discharge, a storm sewer to discharge that to versus a rain garden that you can just, it can just flow through it from, through the street. Aller: And I guess I'm not approaching it as an alternative per se because I see this coming in as a use issue for the third car garage in the future and that we're going to see this come back so whether or not we use a gravel or an alternative or re -engineered to go somewhere else. I look al this as a stop gap measure if we just say we're going to use those materials as opposed to allowing for the variance. If we're going to allow for the variance so that they can get where they want to get in a couple years which is to have that third car garage without coming back to ask for even more which would be the request maybe if they re -think their design. Campion: Right and what I was throwing out was just if there's an alternative to a rain garden where the rain garden would go that could perform the same function and not, not be subject to maintenance of homeowners and future homeowners. Weick: To me it feels like there's a difference between an enclosed, like the third stall garage and an open, just place to park a car and so to me it's, I think it's a different consideration if they're actually enclosing it right now so I would actually oppose approving it on the basis that someday it's going to be enclosed. Well let's cross that bridge when it happens. That would be, that's my opinion. Because it's not going to be enclosed today and it doesn't have to be if we were to pass this variance today. It could stay like this forever. Aller: That's correct. Weick: So those are just things to consider. I would propose waiting until it actually gets enclosed and then dealing with the variance at that point but, because I think it is a different story as a structure instead of just a driveway. 16 Chanhassen Planning Commission — October 21, 2014 Tennyson: When you need the third car, when you need the third stall then it would be more appropriate as a variance. Weick: Right. Tennyson: At that point. Weick: That's my opinion, yeah. Aller: But I see the, when we look at the science behind what's been presented to us and the facts that are presented to us, it's a difference without a distinction really or distinction without a difference because the variance would be for the same amount. And right now we're making sure that it's limited to what is actually being used. Weick: But I think there's a visual difference between the uses. Aller: Sure. Tennyson: I do too. Weick: So and I, yeah. It's too bad the other neighbors aren't here. It'd be interesting to ask if the next door neighbor if there's an issue with an extension of the current garage or a car sitting there because I think there is a visual difference. Aller: Okay, anything else? Julie Kolbow: Can I comment? Aller: Further comments. Julie Kolbow: We've talked about that visual difference. However the question here is really a variance for hard cover. It's not a question of a variance for visual or aesthetics in the end. I mean the 4 cars are in the driveway somewhere regardless of whether or not we have the variance or not and we're just trying to you know, use our property. Aller: Okay. Julie Kolbow: Thanks. Rick Kolbow: The other comment about the visual, sorry. Is we have other neighbors and they've written letters. If our cars are parked over the side of the garage, they're not in the street. And if they're in the street then they're an issue for the other neighbors across the street. Then there's an issue so it becomes a whole other issue so I think the point that Julie made is, it's really an issue of hard cover. And the other issue is, it's the same hard cover whether it be a structure or cement slab. Bituminous. Gravel. It's still 2.7 percent over. I mean that's really, I guess that's a point because otherwise if you bring in the visual there's too many factors because it's in our opinion we're trying to do the right thing by all the neighbors as a whole. And it's a 17 Chanhassen Planning Commission — October 21, 2014 safety hazard if we've got cars out there and kids running out behind a car and there's a lot of little kids in our neighborhood too. Aller: Okay, thank you. Based on the comments any. Undestad: You know I mean I still think it just comes back to the old platting. You know old school. Old 50's and things don't work today. That's my opinion. Aller: Alright. And that went to my question about originally if the size of the lot was a standard size lot we wouldn't be here and other people that have standard size lots have 3 car garages and 9 of them in that vicinity do and I just think for the amount of hard cover we're looking at the ability to grant them a reasonable use which is what I think we should be looking for. Under these particular circumstances so, any other comments? Questions? Anyone wishing to make a motion either for or against the item? Undestad: I'll make a motion but on this do we have the, yeah the alternative but the one that adds the language for the, if the rain garden or the pond or whatever they end up doing, if it works do we want to put it in there or are we looking at the variance... Aller: Well that goes back to Commissioner Weick's comments. Are we using it as a stop gap or are we just going to grant them the variance. Undestad: Yeah I don't think it's a stop gap. I think even if they just put a pond there that you know, dug a hole in there is going to take some rain water before it runs off so rate. Aller: Yeah. Undestad: Anything is better than nothing and I think maintaining a rain garden, yeah. Who's going to police that but. Aller: So you can just go ahead and add a condition that it's subject to the rain garden meeting the standards to allow for the 2.7. To offset the 2.7 percent right? Fauske: Certainly or if your comfort level is to mitigate for the additional hard surface coverage to the maximum extent possible. If that gives your concern some, so that we're trying to mitigate the 2.7. If I'm understanding the commissioners' concerns here with, is there ability to size that rain garden for the additional impervious surface. Undestad: I'm just thinking. Aller: Or do you want to leave it as is? Undestad: Yeah. Yeah I mean we can leave it as is. I'll make a motion. I make a motion the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments approve Planning Case 2014-32 for a 2.7 percent hard surface coverage variance to allow parking area and driveway expansion on property zoned Single Family Residential District. Aanenson: Do you want to add subject to the Findings? fl Chanhassen Planning Commission — October 21, 2014 Aller: Subject to the Findings of Fact and Decision. Aanenson: We say revised. Generous: Or alternate. Aanenson: Alternate. Undestad: Subject to the alternate Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Campion: Second. Aller: Having a motion by Commissioner Undestad and a second by Commissioner Campion. Any further discussion? Undestad moved, Campion seconded that the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, approve Planning Case 2014-32 for a 2.7 percent hard surface coverage variance to allow parking area and driveway expansion on property zoned Single Family Residential District subject to the alternate Findings of Fact and Decision. Undestad, Campion and Aller voted in favor. Weick, Hokkanen and Tennyson voted against the motion. The motion was tied with a 3 to 3 vote. Aller: So it goes to the City Council and that would be, for those of you that want to follow this item would be November 10, 2014 not having passed by a super majority. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated October 7, 2014 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Aanenson: On Monday, October 13'h the Shops at Chanhassen, which you looked at which included the Noodles and another restaurant was approved so that will proceed with final plat and some other things that need to occur with the site plan agreement in closing so hopefully that will all be closed. Their goal is to have that done in December. That also includes Target being at the closing so we're on track with that. And then the Fretham 19'x' Addition was also approved and so now we're working through all the issues on that to go for final plat so that will be. Aller: And those are all the easements. Aanenson: Yeah, a little bit more challenging on that. Hopefully they can, lot of discussion on that at the council. I think about an hour's worth of discussion if anybody was following that so I think we, council worked their way through the weeds on that one so. That's all I had for updates. 19 nano zurveyors J110 Eden Road Phone (512)941-3031 Eden Prairie, M 55344 efftiftwe Of courbep Survey For Jaeae Lae Book Page File 0217-86 x(sr)A1v Zo7g � 14i C-1 fill J _ 9.73 7 Scale:- -- 2p a2 APPR VED G,0 0� BY: DEPT.: IN O - i DATE: BY: L DEPT.: GO DATE: U1 923 / L B. 2 Lfl 7 DEPT.�"i DATE: ; 4CY0510 adv) kA Yg6a 0 souse w ` 1qb /o. On711 RECEIVE( 1 c of ' E AUG 1 3 ?ni4 3° -75 F Prop.ls�Ht s U q Prop.basa f Prop.garage fl.el. "22.5 I bMW .,fir M ri M M .d @WMd ,w,ww+"M d byAw„g Lnt . Block 3. Colonial Groveat Lnt. mkM ImA 1AA � "W". WMMM of dl b WQ *Wsm-4 M/ ON A" .....a...K M Mr, 6" « M MM 4.L MwMrw by r'&7 otr, 4w f v� TZ500ATES, W. CTA" RFS un ,.nr CITY OF CHANHASSEN I �., Q '"� � 67 f HARDCOVER CALCULATION WORKSHEET EXISTING AND PROPOSED HARDCOVER Property Address: / 0 l5 A. House X =4:2 �/ / S.F. X = S.F. X = S.F. X = S.F. X = S.F. B. Garage X = A 7t�l. )3 S.F. X = S.F. C. Driveway X�✓C? _ S.F. 45-70 X _ = S.F. D. Sidewalks 3 " X p = O S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. i F. Other 4i7v1f1bt4 .3�)-�yii X r�S.F. (i.e. shed, etc.) X = S.F. X = S.F. TOTAL HARDCOVER: , S.F. pf27 J� TOTAL LOT SIZE: /�, y3 j . y S.F. HARDCOVER PERCENTAGE: 'L2 ,, %� MAXIMUM % ALLOWABLE: --9-567o % Prepared by: Signature: Reviewed by: Comments: GAPLAN\Forms\Hardcover Calculation Worksheet.xls Date: I 7 Date: %Itgl% ' �rI _ ED AUG 1 3 ?mk CHANHASSEN INSPECTIONS b1 X59.30 y/ 8 7W. 7 0 �6u se : X259.3 4- ,a 70. S 4- 3 7�, � t /tea . d9a2(c 30' = In)n'jU �✓`IDX (52L/ cCSi Hard Surface Coverage Variance Request Planning Case s2014-32 ---®. Planning Commission: October 21, 2014 City Council: November 10, 2014 (if necessary) Applicant/Owner- Rick pplicant/OwnerRick D. & Julie Ann Kolbow Request 0 The property owner is requesting a 4.8% hard surface coverage variance to expand their driveway and create a parking area next to their garage. The applicant is also requesting a variance to create a gravel parking area. Driveway Expansion Request i s� Location: 7015 Sandy Hook Circle - -_ _ ® -- - 10/20/2014 W 0j -V Vt.,,a 6V�Ij 1,980-- Qvw,I% 1937 Geo. ak CJrv"t Re -calculations -- --0 - H ste f-re"Awd•th4a"ar , __- cover calculations aa&determined that they included area within the street right-of-way wlskdris�net coUIM2d against a lot9::hard cover. ataff.os"iates the variance at 2.7%. : 'i Properties xvh Garages larger than SWOatd lW. Stall Garage 1 Lot Sizes of Properties within Soo' of the Subject Lot � (in amore fact) i ; J 11 � .` j Om890 is 63Req. fl. (51 IR6yR q.fl.) ft W ' Po�c ,Iutmeet RSF t L w sisstoJ �y�{} +y.^' 'y RT F NSFN LLaSw t5 •}M1 o•: Recommended Motion The Chanhassen Board of Appeals and Adjustments denies the hard surface coverage variance requests and adopts the Findings of Fact and Decision. 10/20/2014 Hard Surface Expansion Issues • The storm sewer within Sandy Hook Circle was installed in rg8o (when the area was developed) and directly discharges into Lotus lake. • The street was overlaid in 2013 and, due to the fully - developed conditions in the area, storm water treatment features were not installed. • The applicant has proposed a rain garden to mitigate the additional runoff. Such a system must be engineered, designed constructed and properly maintained. Planning Case #2014-31 Conditional Use Permit & Site Plan ReAew PLANNING COMMISSION: 10/21/14 CITY COUNCIL: 11/10/14 APPLICANT: BRUCE LAMO Request: i 0 Amendment to Conditional Use Permit 1987-02 to increase the number of storage buildings, and Site Plan Review for five additional storage buildings. Twin Cities Self Storage Zoning: Fringe Business District, BF BF district was intended tt®cco odate limited commercial uses temporary in nature Cold storage and warehousing are a conditional use in the BF district. BF district permits only 40 percent site coverage. Property guided for office industrial uses. CSAH 61 Corridor study looked at land uses, development constraints and urban services for the area. 10/20/2014 Existing Conditions Conditional Use Permit _O elf Storage Fac' l , . � storage and warehousing are conditional uses in the `4 BF district. Increase in the number of storage 1 buildings proposed for the property from 8 to 11. The use must comply with the plans and requirements of the site plan. 1 Location Existing Conditions Conditional Use Permit _O elf Storage Fac' l , . � storage and warehousing are conditional uses in the `4 BF district. Increase in the number of storage 1 buildings proposed for the property from 8 to 11. The use must comply with the plans and requirements of the site plan. 1 Site Plan Q Grading Plan Recommendation The Chanhassen PIanmilg Comm�ss on recommends that City Council approve the amendment to the Conditional Use Permit to allow 11 storage buildings for cold storage and warehousing; and site plan review for five 14,250 square -foot one-story storage buildings subject to the conditions of the staff report, and adopts the Findings of Fact and Recommendation: 10/20/2014 Bwlding Elevations PI CITY OF PROPOSED MOTION: PC DATE: October 21, 2014 � a CC DATE: November 10, 2014 (if necessary) SIN , REVIEW DEADLINE: November 18, 2014 4'l CASE #: 2014-32 BY: AF, RG, Dl, TJ, ML, JM CA "The Chanhassen Board of Appeals and Adjustments denies the hard surface coverage variance request and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The property owner is requesting a 4.8% hard surface coverage variance to expand their driveway and create a parking area next to their garage. The applicant is also requesting a variance to create a gravel parking area. b LOCATION: 7015 Sandy Hook Circle (PH) 25-2400080) APPLICANT: Rick D. & Julie Ann Kolbow 7015 Sandy Hook Circle Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF). 2020 LAND USE PLAN: Residential Low Density (Net density 1.2 — 4.0 units per acre) ACREAGE: 0.29 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION- MAHING: 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/SUMMARY The applicant is requesting a 4.8% variance to expand their driveway. However, staff reviewed their hard cover calculations and determined that they included area within the street right-of- way which is not counted against a lot's hard cover. Staff estimates the variance at 2.7%. The applicant is also requesting a variance to allow a gravel parking area next to their garage. In the future, they state that they will enclose this parking area within a garage, which would not increase hard cover. The proposed parking area is 13 feet from the side property line. When enclosed, the garage stall would comply with the side yard setback requirement. City code does permit the storage of trailers and Recreation Vehicles (section 20-910) on unimproved surfaces Planning Commission 7015 Sandy Hook Circle Variance — Planning Case 2014-32 October 21, 2014 Page 2 of 4 in the side or rear yard, but requires that driveways be surfaced with bituminous, concrete or other hard surface material (section 20-1122 (4)). APPLICABLE REGULATIONS Chapter 20, Article H, Division 3, Variances Chapter 20, Article XII, "RSF" Single -Family Residential District Section 20-615. Lot requirements and setbacks. Chapter 20, Article XXIV. Off -Street Parking and Loading Section 20-1122. Access and Driveways (1) and (4) 1 INT The applicant has two teenagers with their own car. They now have to park on the street or park behind their parents' vehicles in the driveway. The proposed driveway expansion would allow the family to all park on their lot without blocking the garage and requiring the movement of vehicles before leaving the house. While staff empathizes with the owners, code dictates that we review the request against city standards. The "RSF" Single Family Residential District section of City Code states that, "the maximum lot coverage for all structures and paved surfaces is 25 percent" (Sec. 20-615(5)). The applicant is requesting a 2.7 percent variance from this requirement to extend their driveway to accommodate additional parking on the property. This variance would permit 27.7 percent hard cover. The maximum hard surface coverage requirement is designed to limit storm water runoff into the city storm water systems. Exceeding this limitation may have a detrimental effect on the city's natural resources. In this request, the applicant has proposed using gravel for a parking space. This request is inconsistent with City Code section 20-1122 (4) which states, "driveways shall be surfaced with bituminous, concrete or other hard surface material, as approved by the city engineer." Gravel is not considered an allowable improved hard surface for driveways. ANALYSIS The applicant is proposing a driveway extension and gravel parking area that will add 672 square feet of hard surface coverage to the parcel (see image on next page). The existing property has 2,827.5 square feet of hard surface coverage (22.4%) out of a total allowable area of 3,158.1 square feet (25%). The proposed addition would put the property at 3,499.5 square feet of hard surface coverage (27.7%), which is 341.4 square feet over the hard cover permitted. The parcel is somewhat limited with its hard surface coverage due to it being 16 percent smaller than the required lot size for lots in the RSF district. The subject property has an area of 12,632.4 square feet. The required lot size for parcels in this district is 15,000 square feet. As stated previously, this lot has 3,158.1 square feet of allowable hard surface space. Alternatively, a property that meets the 15,000 square -foot lot size requirement would have 3,750 square feet of Planning Commission 7015 Sandy Hook Circle Variance — Planning Case 2014-32 October 21, 2014 Page 3 of 4 allowable hard surface space, an amount that is 250 square feet larger than the amount of hard surface proposed in this variance request (3,499.5 square feet). The storm sewer within Sandy Hook Circle was installed in 1980 when the area was developed, and directly discharges into Lotus Lake. The street was overlaid in 2013 and, due to the fully - developed conditions in the area, storm water treatment features were not installed. The applicant has proposed to install a rain garden to mitigate for the additional runoff. However, such a system must be engineered, designed, constructed and properly maintained and could potentially be filled in the future. kale: t "=20' O 1 E Gravel Parking Area Proposed Rain Garden N (312 square feet) a � N Qx Driveway Extension (360s e feet) b W /'� x _ RooN 24 �e p'7' E �Prop.lat floor alae. 924, 2S 'A" 25 9z � � � • ! Prop.Da.fl.ol. njr, ES �k170/� ►rop.qur ys fl.61. UAd The applicant noted that their "lot is small in square footage compared to most other lots in the neighborhood." However, upon review, it was found that there are 10 properties within 500 feet of the subject property that do not meet the 15,000 minimum lot size requirement for the Single - Family Residential (RSF) district. There are three properties with less square footage and one property with the same square footage as the subject property (see chart below). All other properties (21 in total) within 500 feet had a larger lot area. Planning Commission 7015 Sandy Hook Circle Variance — Planning Case 2014-32 October 21, 2014 Page 4 of 4 Property Acres Square Feet Property Acres Square Feet 7003 Sandy Hook Circle 0.25 10,890 31 Sandy Hook Road 0.30 13,068 7005 Sandy Hook Circle 0.25 10,890 7004 Sandy Hook Circle 0.30 13,068 7017 Sandy Hook Circle 0.28 12,196.8 7007 Sandy Hook Circle 0.31 13,503.6 7002 Sandy Hook Circle 0.29 12,632.4 7016 Sandy Hook Circle 0.34 14,810.4 7015 Sandy Hook Circle (Subject Property) 0.29 12,632.4 7018 Sandy Hook Circle 0.34 14,810.4 7020 Sandy Hook Circle 0.34 14,810.4 The neighborhood of the subject property (Colonial Grove at Lotus Lake development) does not have a history of granting, or even requesting, variances. Within 500 feet of the subject property, staff could not find any variance requests. If a variance is granted, the Board of Adjustments and Appeals would need to adopt the appropriate Findings of Fact and Decision. It would also be recommended that the applicant work with city staff to mitigate runoff through using rain garden�hm'guestoreduce storm water into the public system. Furthermore, should the van ce be approved, the applicant should be aware that a driveway permit is required and the structure must comply with City Code. s3 Specifically, Section 20-1122 (1) which states that, "driveways shall be setback at least ten feet from the side property lines" and " beginning 20 feet from the front property line, driveways be setback a minimum of five feet from the side property line or the distance of the existing drainage and utility easement on the particular lot or parcel." In addition, if the Board of Adjustments and Appeals decides to approve the variance, city staff recommends approval be subject to the following condition: per Section 20-1122 (4) which states that the parking space shall be surfaced with bituminous, concrete or other hard surface material as approved by the city engineer. These materials do not include gravel, which has been purposed by the applicant. Staff recommends that the Planning Commission deny the variance application and adopt the attached Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Applicant's Narrative. 4. Land Survey with Proposed Expansion. 5. Hard Cover Calculation Worksheet. 6. Email from Michele McKinney dated October 14, 2014. 7. Affidavit of Mailing of Public Hearing Notice. pg:lp1ant2014 planning ceses'2014-32 7015 sandy hook chcle variance\itaffreport 7015 sandy hook ca.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Rick D. & Julie Ann Kolbow for a 2.7 percent variance from the maximum hard surface coverage requirement (25 percent) to allow a gravel parking area and driveway expansion on property zoned Single -Family Residential (RSF) — Planning Case 2014-32. On October 21, 2014, 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 as follows: Lot 3, Block 3, Colonial Grove at Lotus Lake 2' Addition, Carver County, Minnesota 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 maximum hard surface coverage requirement is designed to limit storm water runoff into the city storm water systems. Exceeding this limitation may have a detrimental effect on the city's natural resources. 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: There is not a practical difficulty of complying with the hard surface coverage requirement. It has been noted that the property is smaller than the minimum square footage for the Single -Family Residential District (RSF); however, this is not unique since other properties in the area are smaller than the 15,000 square -foot minimum. The subject property still has a two -stall garage and adequate driveway space for parking. Many homes do not have an additional parking area next to the garage. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for additional parking space. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The difficulty of complying with the hard surface coverage requirement is due to the property owner wanting to expand their driveway and add a parking area. The property is smaller than the minimum lot size requirement for the Residential Single - Family District; however, this is not a unique characteristic within the neighborhood and it does not inhibit the practical use of the property. e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will not alter the character of the area; however, there is not a history of granting, or even requesting, variances within the area of the subject property. 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 #2014-32, dated October 21, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. DECISION "The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment, denies Planning Case #2014-32 for a 2.7 percent hard surface coverage variance to allow a gravel parking area and driveway expansion on property zoned Single -Family Residential District." ADOPTED by the Chanhassen Planning Commission this 21' day of October 21, 2014. CITY OF CHANHASSEN BY: Chairman 2 COMMUNITY DEVELOPMENT DEPARTMENT t'1C{iC1V tauAN CITY OF CHMIRSSEN Planning Division - 7700 Market Boulevard �SEp 19 2014 Mailing Address - P.O. Box 147, Chanhassen, MN 5531 Phone: (952) 227-1300 / Fax: (952) 227-1110 CHANtNAMPLANNINODE APPLICATION FOR DEVELOPMENT REVIEW Date Filed: 60 -Day Review Deadline: Planner: / T) I Case #�-)f Section 1: Application Type (check all that apply) ❑ Comprehensive Plan Amendment .........................$600 ❑ Subdivision ❑ Minor MUSA line for failing on-site sewers ...... $100 ❑ Conditional Use Permit ❑ Single -Family Residence .................................$325 ❑ All Others .........................................................$425 ❑ Interim Use Permit Create 3 lots or less.........................................$300 ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others .........................................................$425 Metes & Bounds ........................ ❑ Rezoning ❑ ❑ Planned Unit Development (PUD)...................$750 ❑ ❑ Minor Amendment to existing PUD .................$100 ❑ ❑ All Others .........................................................$500 ❑ Sign Plan Review...................................................$150 ❑ Site Plan Review ❑ Administrative ..................................................$100 ❑ Commercial/Industrial Districts' ......................$500 Plus $10 per 1,000 square feet of building area 'Include number of e>asbng employees: and number of new employees: ❑ Residential Districts.........................................$500 Plus $5 per dwelling unit ❑ Create 3 lots or less.........................................$300 ❑ Create over 3 lots ...................... $600 + $15 per lot ❑ Metes & Bounds ........................ $300 + $50 per lot ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat' ........................................................$250 'Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way...................$300 (Additional recording fees may apply) )R�Variance ............................................................... $200 ❑ Wetland Alteration Permit ❑ Single -Family Residence ...............................$150 ❑ All Others .......................................................$275 ❑ Zoning Appeal ......................................................$100 ❑ Zoning Ordinance Amendment............................$500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ADDITIONAL REQUIRED FEES: J Notification Sign .......................... ..........$2 TOTAL FEES: E 460, ED (City to install and remove) % -- \ 1 l ❑ Property Owners' List within 500'.31.X. $3 per addresk �9�/ Received from_) U t�Y3� v✓ (City to generate — fee determined at pre- lication meeting) Escrow for Recording Documents .. 50 er document Date Received: OG -lq-1 -Check Number:Ltrl 15 (CUP/SPRNACNARIWAP/Metes & Bounds Subdivision) Section 2: Required Information Project Name: Property Address or Location: Parcel #:dS - )4 4000 90 Legal Description: L -0t 3 -BI oC V_ Cs Total Acreage: O . a6 Wetlands Present? ❑ Yes KNo Present Zoning: K5!- - Present Land Use Designation: Existing Use of Property: DescriptionCI-4-64- ��e of Proposal: y e r r—_e X7-9 t�0,1A 4 +/,tvr 14 Check box if separate narrative is attached Requested Zoning: Requested Land Use Designation: J A141 il v`q - 014cr Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, 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 Address: City/State/Zip: Email: Signature: Contact: Phone: Cell: Fax: 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. k Contact: Phone: '�) S2 " -0)'7 4- Cell: lzlL - 7S -2*j —100 ¢— Fax: Date, 144 1 Q� This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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/StatefZip` Cell: _ Email: Fax: _ Section 4: Notification Information I Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: To the City of Chanhassen Planning Department: We would like to request a variance from the city of Chanhassen to exceed our allowable hardcover to create an additional parking space next to our existing garage. In the future we plan to add a third stall garage. While many homes in our Sandy Hook neighborhood have 3 car garages ours is only a 2 car garage. While reviewing this request we learned our lot is small in square footage compared to most other lots in the neighborhood. So even though our house footprint is modest or average, adding a parking spot or third stall puts us slightly over the 25% allowable hard cover. Today's lifestyle is different than it was when our house was built. Many teens today have their own cars to get to and from school and the many and various activities they participate in. We now have two teenage drivers and we feel that it would benefit the neighborhood to keep these vehicles from parking on the street as much as possible. In addition to being unsightly, cars parked on the street can create safety issues such as children running into the street from behind a parked car unseen by an approaching driver. During the winter months from Nov. 1 to April 1 Chanhassen has an ordinance prohibiting parking on city streets from 1:00 a.m. to 7:00 a.m. This creates a responsibility for all residents to find room to park their vehicles off the street The additional hardcover we are asking for is only 4.8% over the allowable maximum. The layout of our lot in relationship to the neighbors is such that this additional space should not have any negative impact on our immediate neighbor on that side or any of our other neighbors. To mitigate any additional runoff we propose installing a rain garden next to the driveway. We would use city recommendations for the size and placement of the rain garden. Thank you for your consideration of this request. Rick and Julie Kolbow 7015 Sandy Hook Circle Chanhassen, MN 55317 SCANNED AMJAIAQULG O HJJV\.1AlLD, u4�. ,.ana burveyors J110 Eden Road Phone (612)941-3031 Eden Prairie, M .55344 @eertifirmle ®f burbep Survey For Jam" Lee Book Page File 0217-" 9z3 7 ,2p. Scale! t"=2o` , r w� (J -L Q" .Q w T b 4toesea �. b W 3 t 1 30 ;5' O7 2� gyp 7' =� Prop. lot floor elev. 924.0 2S �1� g 6S Prop.basement fl.el.a1/T.o Prop.garage fl.el. z.5 Groves at Id-11-12ML4. 9nA kAA _ A"Ot" '=am d as b ro e..«. -W .w Th" s4, M OW, hM or w w4 MSL Un"W Iq r +l 7 0-- -�'�!q • CT,IW pr, u^ f'A► CITY OF CHANHASSEN HARDCOVER CALCULATION WORKSHEET EXISTING AND PROPOSED HARDCOVER Property Address: %D1$ 6jw dt_j NODI' e' r"V A. House X = IZ S.F. X = S.F. X = S.F. X = S.F. X S.F. B. Garage X = 6 i 3 '> S.F. X = S.F. C. Driveway 11 X !` i = '74-3, D � S.F. 970 Sr Reviewed by: Comments: Date: G:\PLAN\Forms\Hardcover Calculation Worksheet.xls SCANNED X = S.F. D. Sidewalks 3 `' X 54- S.F. X = S.F. ADD rrib/4 E.1'atiefBeCk 3 2 "a, X S.F. X = S.F. F. Other o-, 12- X 2 (0 = 3 / Z S.F. X 4F-5© S.F. 3 b 0 X = S.F. TOTAL HARDCOVER: S.F. ?Ugq.s TOTAL LOT SIZE: / 2Z�¢ S.F. HARDCOVER PERCENTAGE: L`l. D % 21.7 MAXIMUM % ALLOWABLE: Z5 % Prepared by: 0„'Uc } JUtr'{ 1<a (bao 8 J4 - Date: -1116114- Signature: Signature: JPLyC,pubK.> Reviewed by: Comments: Date: G:\PLAN\Forms\Hardcover Calculation Worksheet.xls SCANNED Generous, Bob From: Michele McKinney [mmckinney@firstindustrial.comj Sent: Tuesday, October 14, 2014 10:47 AM To: Generous, Bob Subject: Variance Request for 7015 Sandy Hook Cir. - Chanhassen City of Chanhassen - Our neighbors, Rick and Julie Kolbow at 7015 Sandy Hook Cir., have requested a variance for a parking spot next to their garage. This parking spot would exceed lot coverage allowances by approximately 2-3%. We are direct neighbors of theirs at 7013 Sandy Hook Circle. We wanted to express our support for their alterations to their site in hopes that the council will approve their improvements. If you have any questions or concerns please feel free to contact me. Thank you - Matt and Michele McKinney Michele McKinney, CID Space Planner/Designer First Industrial Realty Trust 10140 West 76th Street Eden Prairie, MN 55344 952-852-7170/Shortel 12170 Minneapolis Office 952-942-8778 fax www.firstindustrial.com CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on October 9, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for 7015 Sandy Hook Circle Variance Request - Planning Case 2014-32 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. K,Wen J. En ardt, De ty Clerk Subscribed and swom to before me this�* ` day of 12014. KIM T. MEUWISSEN Notary Publk.-M W to Notary'lic — tiH C"" Ww E4*w Jan 31.4015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 21, 2014 at 7:00 P.M. This hearing may not start until later In the evening, depending on the order of theagenda. Location: City Hall Council Chambers 7700 Market Blvd. 7015 SANDY HOOK CIRCLE: Request for a variance to Proposal: exceed the impervious surface limitation to construct a driveway on property zoned Single Family Residential RSF Applicant: Rick Kolbow Property 7015 Sandy Hook Circle 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. 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/2014-32. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bcenerous(Mci.chanhassen.mmus or by phone at Questions 952-227-1131. If you choose to submit written comments, it is coommemmonce:: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any interested party Is Invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports am available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the city Council except rezonings and land use amendments from residential to commercial/Industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 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. ff you wish to have something to be Included in the report, please contact the Planning Slag person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 21, 2014 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. 7015 SANDY HOOK CIRCLE: Request for a variance to Proposal: exceed the impervious surface limitation to construct a driveway on property zoned Single Family Residential RSF Applicant: Rick Kolbow Property 7015 Sandy Hook Circle 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/2014-32. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at boenerous(fDci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdlvlslons, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested party Is Invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pemnent 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 Gose the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/Industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 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. ALAN C FIELD AMY D VOHS ANDREW J BRANDL LARSEN 7000 SANDY HOOK CIR 31 SANDY HOOK RD 7018 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 CHANHASSEN, MN 55317-9312 CHANHASSEN, MN 55317-9315 BARBARA A BURKE TRUST 7009 CHEYENNE TRL CHANHASSEN, MN 55317-7513 CHINH NGOC HUYNH 7005 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 DANIEL P MALTBY 7002 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 GORDON E & JULIE K I HAMPSON 7003 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 JAMES S & M CAROLYN ERNY 7008 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 LEON & MERILU NAREM 20 SANDY HOOK RD CHANHASSEN, MN 55317-9312 CHANTHA P & RATHANA M BO 7004 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 CHRISTOPHER J ENGEL 7016 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 DONALD & JUDITH LEIVERMANN 7003 CHEYENNE TRL CHANHASSEN, MN 55317-7513 HOLLIE BECKORD 7005 CHEYENNE TRL CHANHASSEN, MN 55317-7513 JOHN D & MARGARET A ADIE 7011 CHEYENNE TRL CHANHASSEN, MN 55317-7513 LOTUS LAKE BETTERMENT ASSN 105 SANDY HOOK RD CHANHASSEN, MN 55317-9580 MARK S & SANDRA L CHRISTENSEN MATTHEW R & MICHELE J 7019 CHEYENNE TRL MCKINNEY CHANHASSEN, MN 55317-7513 7013 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 PAUL H LUEHR 7012 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 RICHARD C HEER 50 SANDY HOOK RD CHANHASSEN, MN 55317-9312 CHARLES L & KATHERINE J HIRT 7007 CHEYENNE TRL CHANHASSEN, MN 55317-7513 CRAIG H & CYNTHIA A WARNER 7006 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 EDWARD N & PEGGY M BENNETT 7017 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 JAMES C MCCLINTICK 7014 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 KENNETH & MERRIE MATSON 61 SANDY HOOK RD CHANHASSEN, MN 55317-9312 MARK & TIFFANY ORTNER 7007 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 PATRIC T SHAUGHNESSY 7010 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 RICK D & JULIE ANN KOLBOW 7015 SANDY HOOK CIR CHANHASSEN. MN 55317-9315 SCOTT M & MARCIA A HIPPEN STEVEN L COHEN SUE G ADLER 7017 CHEYENNE TRL 7022 SANDY HOOK CIR 103 SANDY HOOK RD CHANHASSEN, MN 55317-7513 CHANHASSEN, MN 55317-9315 CHANHASSEN, MN 55317-9580 THOMAS & DOROTHY JAMIESON THOMAS P & PATRICIA PETERSON 30 SANDY HOOK RD 7020 SANDY HOOK CIR CHANHASSEN, MN 55317-9312 CHANHASSEN, MN 55317-9315 October 14. 2014 Re: Zoning Variance Request 7015 Sandy Hook Circle Chanhassen, MN 55317 Dear Members of the Planning Commission: We are the immediate neighbor to the North of the above property and request that you refuse this variance. As citizens, we rely on the reasoned judgment of the planning commission to evaluate the necessity of approving these types of variances. The desires of property owners to make changes to their property to accommodate their personal preferences are understandable, but must be balanced against the zoning restrictions enforced by the city. These restrictions are rooted in established, common agreement among the residents of the city through their representatives, and exist for many good reasons. The owners' stated purpose in requesting the variance to the hardcover limit is that the owners' intend to park more vehicles externally and along the side of their garage (enclosed letter and email) and in direct view of our property, rather in their garage and driveway as they do today. Thus, granting a variance will result in creating a 'parking lot' appearance as viewed from our front yard and home entrance (enclosed photos), as well as from other viewpoints, which does not exist today. While the hardcover limit is not a limit on vehicles directly, it is a limit on the acceptable ratio of hard covered parking surface to lot size, and therefore related. Our home is set back further from the street than the 7015 property, so the visual effects of this variance would be even more pronounced from our entry and windows. Moreover, the posted plan shows a `gravel parking space' in addition to a requested variance for hard cover. This too, by itself and with more vehicles, will detract from the norms and home values of this community. The burden of necessity should fall on the variance seekers, not the other property owners. If their lot is not suitable for their needs, it should not be made so at expense of others. Sincerely, Ed and Peggy Bennett 7017 Sandy Hook Circle. Chanhassen, MN 55317 r Dear Peggy and Ed, Enclosed is the survey we submitted to the City of Chanhassen for the variance request. The parking/garage spot is proposed to be 12' wide with the driveway angled into our existing driveway for access. The set back from your property line should be 13'. We now have four vehicles and will soon have four drivers and we feel an extra spot will be better for both safety and aesthetics. To mitigate additional water runoff we have proposed adding a rain garden to the north side of the new driveway which we would maintain. The grass has always been difficult on that side so the garden should be an improvement. As part of our addition the excavator will also be creating a swale to the north of our garage so the water doesn't flow into your yard. We hope and believe these improvements to our property will help to increase the value of the houses on our street. Thank you so much for your consideration and if you have any questions please let us know. Thanks, Julie and Rick Ed Bennett From: Peggy Bennett [bnntt2003@msn.com] Sent: Wednesday, October 15, 2014 9:00 AM To: edb@impacticx.com Subject: Fwd: Kolbow Variance Sent from my iPad Begin forwarded message: From: Julie Kolbow <iuliekolbow(a-), gmail.com> Date: September 23, 2014 at 9:27:19 AM CDT To: Julie Kolbow <iuliekolbow(&gmail.com> Subject: Kolbow Variance Dear Neighbors, 2._G You will soon be receiving notice from the City of Chanhassen that we have applied for a variance to add a parking spot next to our garage. We have a two car garage and hope to add a third stall in the near future. In the mean time we would like an extra parking spot. Chanhassen has a hardcover limit of 25% of property square footage. We need a hardcover variance because adding this parking spot plus a driveway exceeds the allowable property hardcover by 4.8%. It is about 600 square feet over. We are also in the process of adding a small addition to the back of our house which is 260 square feet. Because our lot size is small we would still be applying for a variance regardless of the addition. To mitigate the extra runoff from this additional hardcover we plan to install a rain garden next to the driveway. We hope you will be supportive of these improvements to our property. If you have any questions or concerns, please let us know. Thanks, Rick and Julie Kolbow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION 111 Application of Rick D. & Julie Ann Kolbow for a 2.7 percent variance from the maximum hard surface coverage requirement (25 percent) to allow a gravel parking area and driveway expansion on property zoned Single -Family Residential (RSF) — Planning Case 2014-32. On October 21, 2014, 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 as follows: Lot 3, Block 3, Colonial Grove at Lotus Lake 2°d Addition, Carver County, Minnesota 4. Variance Findines — 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 subject site is zoned Single -Family Residential District. The purpose of the request is to expand the driveway and allow additional parking on the side of the garage. This is a common use of properties in this zoning district. Drainage concerns will be mitigated by reducing storm water runoff with a rain garden. 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 practical difficulty of complying with the hard surface coverage requirement is due to the subject lot being smaller than the minimum lot size requirement in the Single -Family Residential District. This driveway expansion would be permitted without a variance if the lot met this minimum lot size requirement. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for additional parking space. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The difficulty of complying with the hard surface coverage requirement is due to small size of the subject lot. The proposed use would be allowed if this lot met the minimum lot size requirements of the Single -Family Residential District. e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will not alter the character of the area £ 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 #2014-32, dated October 21, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. "The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment, approves Planning Case #2014-32 for a 2.7 percent hard surface coverage variance to allow a parking area and driveway expansion on property zoned Single -Family Residential District." ADOPTED by the Chanhassen Planning Commission this 20 day of October 21, 2014. CITY OF CHANHASSEN BY: Chairman 2 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2014-32 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, October 21, 2014, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a variance to exceed the impervious surface limitation to construct a driveway on property zoned Single Family Residential (RSF) and located at 7015 Sandy Hook Circle. Applicant/Owner: Rick Kolbow. 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/2014-32 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. Robert Generous, AICP, Senior Planner Email: b_Aenerousnu,ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on October 9, 2014) SCANNED CARVER COUNTY TAXPAYER SERVICES DEPARTMENT Laurie Engelen, Manager 600 East 4th Street, P.O. Box 69 1^ Chaska, MN 55318.0069 952-361-1910 • www.co.carver.mn.us For the following online services visit our website at: wwN.co.carver.mn.us • Pay your taxes online • Sign up for our Tax Payment Rertdnder Property ID #: 25.2400080 Taxpayer: RICK D & JULIE ANN KOLBOW 7015 SANDY HOOK CIR CHANHASSEN MN 55317-9315 dI'IIrIIlIPI111Pi1'II''h'Ih11'11'drprl'llplpgrlllrrq Bill#: 523079 Properly COLONIAL GROVE AT LOTUS LK 2ND Lo1003 Bba 003 116 Range 023 Desc: Proppe@rty 7015 SANDY HOOK CIR Ad11re33: CHANHASSEN MN 55317-9315 rimPROPERTY TAX STATEMENT PROPERTY TAX VALUES & CLASSIFICATION Taxes Payable Year: 2012 2013 Estmated Market Value: 320,300 313,100 Homestead Exclusion: 8,400 9,100 Taxable Market Value: 311,900 304,000 New Improvements/ Expired Exclusions: Property Classification: Res Held Res Hstd You may be eli ible far one or even two refunds to reduce your property tax REFUNDS? Read the back of this statement to find out how to apply. A copy of pour tax stwement can be printed from our website. Taxes Payable Year: 2012 2013 1. Use this amount on Form M1PR to see g you are eligible for a property tax refund. File by August 15. If this box is checked, you owe delinquent taxes and are not eligible. ❑ 4,029•00 2. Use these amounts on Form M1 PR to see if you are eligible for a special refund. 3,935.00 Property Tax and Credits 3. Property taxes before credits 3,935.00 4,029.00 4. Credits that reduce property taxes A. Agricultural market value credit B. Other Credits 5. Pro a taxesaftercredits 3,935.00 4,029.00 Prnnerfy Tax by JurisdiN_len 6. County A. CARVER COUNTY 1,359.13 1,401.81 B. CO RAIL AUTHORITY 3.65 3.68 T Cityor Town CITY OF CHANHASSEN 889,93 86423 & State General Tax 9. School District SO 0276 MINNETONKA A. Voter Approved Levies 980.96 1,030.46 B. Other Local Levies 457.98 484.39 10. Special Taxing Districts A. Metro Districts 100.07 101.23 B. Others 108.30 99.50 C. D. 11. Non -school voter approved referenda levies 34.98 43.70 12. Total property, tax before special assessments 3.935.00 4,029.110 SpecialXsiissments on Your rroperty 13. Special assessments Interest Principal: 25.00 25.00 25.00 RECYCLE MGT RES/AG 25.00 14. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS 3,960.00 4,054.90 PAYABLE 2013 2nd HALF PAYMENT STUB TO AVOID PENALTY PAY ON OR BEFORE: October 15 Property ID#: 25.2400080 OUR RECORDS INDICATE THAT YOUR TAXES ARE BEING PAID BY ESCROW COMPANY US BANCORP SERVICE PROVIDERS Bill #: 523079 Taxpayer: RICK D & JULIE ANN KOLBOW 7015 SANDY HOOK CIR CHANHASSEN MN 55317-9315 To pay online go to www.co.carver.mn.us The online payment feature is available for a current year lax payment. Delinquent payments cannot be paid online. PLEASE INDICATE YOUR ADDRESS CORRECTION ON REVERSE SIDE OF THIS PAYMENT STUB. SECOND 1/2 TAX AMOUNT DUE: I 2,027,00 PENALTY: TOTAL: Make checks payable to and remit to: Carver County P.O. Box 69 Chaska, MN 55318-0069 rrIIIIIIIr,r1111'1111111'1"I�IIIIr1111�11"r11irIIl111rIIr1111r1 Your canoelLd died is proof of payment Please mm your Property ID # on your d*& z m 02 2013 252400080 000202700 8 Postdated diads am not held. Only of ml us. Postmark determines paymem mad dge No receipt sent unless requested and a void until dieci is honored. Manufactured HGw,ANNEC taxes of 550.00 or less and Real Estate taxes of 510000 or less must ed pad in full. If you pay your taxes late. you mil be charged a penalty. See bad for detail. Property Card Taxpayer Information Taxpayer Name RICK D & JULIE ANN KOLBOW Mailing Address 7015 SANDY HOOK CIR CHANHASSEN, MN 55317-9315 Property Address Address 7015 SANDY HOOK CIR City CHANHASSEN, MN 55317 Parcel ID Number 252400080 Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0276 WS 064 RILEY PURG BLUFF y N N CREEK Assessor Information Estimated Market Value 2013 Values 2014 Values Last Sale (Payable 2014) (Payable 2015) Land $103,000.00 $108,000.00 Date of Sale 11/20/1998 Building $226,600.00 $244,800.00 Sale Value $235,000.00 Total $329,600.00 $352,800.00 Qualified/ Q Unqualified Disclaimer Tins mformauon is to be used for reference purposes only. Carver County does not guarantee accuracy of the material cord. d herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03. Solid, 21 (2000). and the user of this service acknowledges that the County shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold ham less the County from any and all claims brought by User. CARVER its employees or agents. or third parties which arse out of the users access or use of data provided. COUNTY Friday, September 19, 2014 Carver County, MN Page 1 of 1 SCANNED Parcel Information Uses Res 1 unit GIS Acres 0.29 Tax Acres Plat COLONIAL GROVE AT LOTUS LK 2ND Lot 003 Block 003 Tax Description Building Information Building Style 2 STORY Finished Sq Ft 2300 Bedrooms 3 Year Built 1987 Other Garage Y Bathrooms 3.00 Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0276 WS 064 RILEY PURG BLUFF y N N CREEK Assessor Information Estimated Market Value 2013 Values 2014 Values Last Sale (Payable 2014) (Payable 2015) Land $103,000.00 $108,000.00 Date of Sale 11/20/1998 Building $226,600.00 $244,800.00 Sale Value $235,000.00 Total $329,600.00 $352,800.00 Qualified/ Q Unqualified Disclaimer Tins mformauon is to be used for reference purposes only. Carver County does not guarantee accuracy of the material cord. d herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03. Solid, 21 (2000). and the user of this service acknowledges that the County shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold ham less the County from any and all claims brought by User. CARVER its employees or agents. or third parties which arse out of the users access or use of data provided. COUNTY Friday, September 19, 2014 Carver County, MN Page 1 of 1 SCANNED CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 09/22/2014 1:15 PM Receipt No. 00263581 CLERK: AshleyM PAYEE: Rick& Julie Kolbow 7015 Sandy Hook Circle Chanhassen MN 55317- ------------------------------------------------------- Variance 200.00 Notification Sign 200.00 Recording Fees 50.00 Total Cash Check 4915 Change 450.00 0.00 450.00 0.00 SCANNED 7015 Sandy Hook Circle Variance -Planning Case 2014-32 $200.00 Variance $200.00 Notification Sign $93.00 Property Owners List $50.00 Escrow for filing fees (Variance) $543.00 TOTAL $450.00 Less Check 4915 from Julie Kolbow $93.00 BALANCE SCANNED Date: September 22, 2014 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: October 9, 2014 By: Bob Generous, AICP, Senior Planner Subject: Request for Variance to exceed the impervious surface limitation to construct a driveway on property zoned Single Family Residential (RSF) and located at 7015 Sandy Hook Circle. Applicant/Owner: Rick Kolbow Planning Case: 2014-32 PID: 25-2400080 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on September 19, 2014. The 60 -day review period ends November 18, 2014. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on October 21, 2014 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than September 4, 2014. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 09/30/2014 4:04 PM Receipt No. 00264086 CLERK: AshleyM PAYEE: Julie A Kolbow 7015 Sandy Hook Circle Chanhassen MN 55317 - Planning Case 2014-32 ------------------------------------------------------- GIS List 93.00 Total Cash Check 2606 Change 93.00 0.00 93.00 0.00 SCANNEC Dear Peggy and Ed, Enclosed is the survey we submitted to the City of Chanhassen for the variance request. The parking/garage spot is proposed to be 12' wide with the driveway angled into our existing driveway for access. The set back from your property line should be 13'. We now have four vehicles and will soon have four drivers and we feel an extra spot will be better for both safety and aesthetics. To mitigate additional water runoff we have proposed adding a rain garden to the north side of the new driveway which we would maintain. The grass has always been difficult on that side so the garden should be an improvement. As part of our addition the excavator will also be creating a swale to the north of our garage so the water doesn't flow into your yard. We hope and believe these improvements to our property will help to increase the value of the houses on our street. Thank you so much for your consideration and if you have any questions please let us know. Thanks, Julie and Rick Page 1 of 1 Ed Bennett From: Peggy Bennett ibnntt2003@msn.com] Sent: Wednesday, October 15, 2014 9:00 AM To: edb@impacticx.com Subject: Fwd: Kolbow Variance Sent from my iPad Begin forwarded message: From: Julie Kolbow <juliekolbow(@,gmail.com> Date: September 23, 2014 at 9:27:19 AM CDT To: Julie Kolbow <iuliekolbow(a,amail.com> Subject: Kolbow Variance Dear Neighbors, You will soon be receiving notice from the City of Chanhassen that we have applied for a variance to add a parking spot next to our garage. We have a two car garage and hope to add a third stall in the near future. In the mean time we would like an extra parking spot. Chanhassen has a hardcover limit of 25% of property square footage. We need a hardcover variance because adding this parking spot plus a driveway exceeds the allowable property hardcover by 4.8%. It is about 600 square feet over. We are also in the process of adding a small addition to the back of our house which is 260 square feet. Because our lot size is small we would still be applying for a variance regardless of the addition. To mitigate the extra runoff from this additional hardcover we plan to install a rain garden next to the driveway. We hope you will be supportive of these improvements to our property. If you have any questions or concerns, please let us know. Thanks, Rick and Julie Kolbow 10/15/2014 October 14. 2014 Re: Zoning Variance Request 7015 Sandy Hook Circle Chanhassen, MN 55317 Dear Members of the Planning Commission: We are the immediate neighbor to the North of the above property and request that you refuse this variance. As citizens, we rely on the reasoned judgment of the planning commission to evaluate the necessity of approving these types of variances. The desires of property owners to make changes to their property to accommodate their personal preferences are understandable, but must be balanced against the zoning restrictions enforced by the city. These restrictions are rooted in established, common agreement among the residents of the city through their representatives, and exist for many good reasons. The owners' stated purpose in requesting the variance to the hardcover limit is that the owners' intend to park more vehicles externally and along the side of their garage (enclosed letter and email) and in direct view of our property, rather in their garage and driveway as they do today. Thus, granting a variance will result in creating a `parking lot' appearance as viewed from our front yard and home entrance (enclosed photos), as well as from other viewpoints, which does not exist today. While the hardcover limit is not a limit on vehicles directly, it is a limit on the acceptable ratio of hard covered parking surface to lot size, and therefore related. Our home is set back further from the street than the 7015 property, so the visual effects of this variance would be even more pronounced from our entry and windows. Moreover, the posted plan shows a `gravel parking space' in addition to a requested variance for hard cover. This too, by itself and with more vehicles, will detract from the norms and home values of this community. The burden of necessity should fall on the variance seekers, not the other property owners. If their lot is not suitable for their needs, it should not be made so at expense of others. Sincerely, Ed and Peggy Bennett 7017 Sandy Hook Circle. Chanhassen, MN 55317 SCANNED 1 't �r¢ ! 4 17A"ly J4.: a,.•i� t 5. � r Dear Peggy and Ed, Enclosed is the survey we submitted to the City of Chanhassen for the variance request. The parking/garage spot is proposed to be 12' wide with the driveway angled into our existing driveway for access. The set back from your property line should be 13'. We now have four vehicles and will soon have four drivers and we feel an extra spot will be better for both safety and aesthetics. To mitigate additional water runoff we have proposed adding a rain garden to the north side of the new driveway which we would maintain. The grass has always been difficult on that side so the garden should be an improvement. As part of our addition the excavator will also be creating a swale to the north of our garage so the water doesn't flow into your yard. We hope and believe these improvements to our property will help to increase the value of the houses on our street. Thank you so much for your consideration and if you have any questions please let us know. Thanks, Julie and Rick Peggy Bennett [bnntt2003@msn.com] Sent from my iPad Begin forwarded message: From: Julie Kolbow <iuliekolbow( ,¢mail.com> Date: September 23, 2014 at 9:27:19 AM CDT To: Julie Kolbow <iuliekolbow(cr�gmail.com> Subject: Kolbow Variance Dear Neighbors, You will soon be receiving notice from the City of Chanhassen that we have applied for a variance to add a parking spot next to our garage. We have a two car garage and hope to add a third stall in the near future. In the mean time we would like an extra parking spot. Chanhassen has a hardcover limit of 25% of property square footage. We need a hardcover variance because adding this parking spot plus a driveway exceeds the allowable property hardcover by 4.8%. It is about 600 square feet over. We are also in the process of adding a small addition to the back of our house which is 260 square feet. Because our lot size is small we would still be applying for a variance regardless of the addition. To mitigate the extra runoff from this additional hardcover we plan to install a rain garden next to the driveway. We hope you will be supportive of these improvements to our property. If you have any questions or concerns, please let us know. Thanks, Rick and Julie Kolbow