The URL can be used to link to this page

CAS-33_610 WEST 96TH STREET - 25-0253100Generous, Bob From: Generous, Bob Sent: Monday, December 18, 2017 2:41 PM To: Aanenson, Kate Subject: RE: Escrow Return Done Requesting that finance release escrow. -2 From: Aanenson, Kate Sent: Monday, December 18, 2017 1:13 PM To: Generous, Bob <bgenerous@ci.chanhassen.mn.us> Subject: FW: Escrow Return Kathryn Aanenson, AICP .+.,, Community Development Director q;O CITY OF CHANHASSEN PH. 952.227.1139 i "IFX. 952.227.1110 www.ci.chanhassen.mn.us From: Christin Boecker[mailto:christin@boeckerbiz.comj Sent: Monday, December 18, 2017 11:42 AM To: Aanenson, Kate <kaanenson@ci.chanhassen.mn.us> Cc: Bob Boecker<bob@boeckerbiz.com> Subject: Escrow Return Hi Kate Happy Holidays! We received our certificate of occupancy on Friday. I am wondering what else you need from us to request the escrow of $10,000 to be returned and if you have an estimated time frame it will be returned. Please let us know, thank you! Christin & Bob Boecker 610 W 96`" St in Chanhassen Cell: 612.599.6311 44 STATE OF MINNESOTA COUNTY OF CARVER DISTRICT COURT FIRST JUDICIAL DISTRICT STATE OF MINNESOTA ) APPLICATION FOR )ss SEARCH WARRANT COUNTY OF CARVER ) AND AFFIDAVIT Robert Generous, being first duly sworn upon oath, hereby makes application to this Court for a warrant to search the premises hereinafter described, for the things hereinafter described. Affiant is a designee of the City Manager, authorized to enforce the City Code. Affiant knows the contents of this application and affidavit, and the statements herein are true of his own knowledge, save as to such as are herein stated on information and belief, and as to those, he believes them to be true. Affiant has good reason to believe, and does believe, that the following described things exist at the premises, to -wit: Violations of the Chanhassen City Code ("City Code"), including Sections 20-904 and 20-4, exist at the premises described as 610 West 96th Street, located in the City of Chanhassen, County of Carver, and State of Minnesota ("Subject Property"). The facts tending to establish the grounds for issuance of a search warrant are as follows: Your affiant is a Senior Planner with the Planning and Zoning Department for the City of Chanhassen. In May of 2007, the City adopted an Ordinance limiting the size of detached accessory structures in Agricultural Districts to a maximum of 1,000 square feet. The Subject Property is zoned as A-2 Agricultural Estate District, and is subject to the 1,000 square foot limitation. At that time, the Subject Property contained an existing detached accessory structure that exceed the 1,000 square foot limitation, but was a legal non -conforming use. In 2014, the owner of the Subject Property ('the Owue') started construction of an expansion on the accessory structure, which also exceed the 1,000 square foot limitation. The Owner did not seek a building permit, nor permission from the City. The City learned of the construction, issued a stop order, and the Owner applied for a variance on October 17, 2014. The Owner alleged that he aimed to keep horses in the expansion. On November 5, 2014, an anonymous letter was received by the City that stated the Owner intended to use the expansion for non-agricultural businesses. On November 18, 2014,"fhe Chanhassen Planning Commission denied the variance, and issued an order to demolish the expansion to the detached accessory structure. On November 24, 2014, the Owner appealed the decision. On February 23, 2015, the 188196v1 Chanhassen City Council denied the variance request. On February 24, 2015, your affiant sent a letter to the Owner explaining that he must apply for a demolition permit and remove the expansion. Subsequently, the Owner applied for a building permit to connect the house to the detached building through a hallway structure. This permit was issued on August 18, 2015. On September 3, 2015, the Subject Property was inspected, but the hallway construction had not begun. On October 29, 2015, your affiant told the Owner that the property was violating the City Code, and that the expansion could not be occupied until it is brought into compliance. On October 30, 2015, your affiant sent a letter to the Owner explaining that building permits are valid for six months provided there is construction activity, but if no construction activity occurs for six months, then the permit is voided. In March of 2016, an inspection of the Subject Property extended the building permit for six months. The inspection revealed the construction to the expansion had been completed, but there was no evidence that construction on the hallway began. Neighbors have informed the City that the Owner is currently occupying the expansion building. Based upon the above stated facts, your affiant has probable cause to believe the existence of the following City Code violations: 1. There is a detached accessory structure located on the subject property that is in excess of 1,000 square feet and is no longer a legal non -conformity in violation of Chanhassen City Code Sec. 20-904. 2. The owner of the subject property is currently occupying the non -conforming detached accessory structure in violation of Chanhassen City Code Sec. 20-4. Wherefore, affiant requests a search warrant be issued commanding Robert Generous and his designated agents to enter the Subject Property and the building located thereon and to search inside and outside the building for the existence of City 'ons. Subscribed and sworn to before me This ?—I -S� day of ll 1�T, 2016 188196v1 Robert Generous L&'nu, Notary Public ANNE KATHRYN OBER EM" Notary Public -Minnesota My CemnMMon EXPW" on 31, 2021 STATE OF MINNESOTA COUNTY OF CARVER TO: Robert Generous, CITY OF CHANHASSEN DISTRICT COURT FIRST JUDICIAL DISTRICT WHEREAS, Robert Generous has this day on oath, made application to this Court applying for issuance of a search warrant to search inside and outside of the following described premises: 610 West 96th Street, located in the City of Chanhassen, County of Carver, and State of Minnesota ("Subject Property"), for the following described things: City Code violations; WHEREAS, the application and affidavit were presented and read by the Court, NOW, THEREFORE, the Court finds that probable cause exists for the issuance of a search warrant upon the following grounds: Continuing City Code violations exist upon the Subject Property and the building thereon, and inspection is required to determine the continued existence, extent, and severity of such conditions. NOW, THEREFORE, ROBERT GENEROUS AND HIS DESIGNATED AGENTS are hereby commanded to enter onto the Subject Property and the building thereon and to search inside and outside the building for the existence of City Code violations. Dated: -j • ,2 Ca 2016 el, vo BY dge o Di 188196N -?tj i, k�olV�' l3ee.rS e- �61c- VCA woe �ores;e,C Jam,,, ;E�rewL Za,1i- a'7 -Z& y -CC -14) Gc«ssI e41I ey-' rcm� b4J V4 / 4 I,{ L e> AGREEMENT THIS AGREEMENT (the "Agreement') is entered into effective as of August 28, 2017 (the "Effective Date") by and between Robert Boecker and Christin E. Boecker, husband and wife ("Owner") and the City of Chanhassen, a Minnesota municipal corporation ("City"). WHEREAS, Owner owns property located at 610 West 96th Street in Chanhassen, Minnesota ("Subject Property") legally described as: The East 155 feet of the West 1085 feet, as measured along the North and South lines thereof, of the Southwest Quarter of the Northwest Quarter of Section 25, Township 116, Range 23, Carver County, Minnesota. EXCEPT Parcel 22 of the Right of Way Plat No. 10-22, as Document No. 393637, and as shown on Minnesota Department of Transportation Right of Way Plat No. 10-22. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Background. There is an existing single family home on the Subject Property which is zoned Agricultural Estate District (A2). In 2014, the City discovered that the Owner was illegally constructing an accessory building on the Subject Property and the City issued a stop work order. On February 23, 2015, the City Council denied the Owner's application for a variance. On January 6, 2017, the City issued the Owner a building permit (`Building Permit") to connect the accessory building to the single family home by a tunnel so that the accessory building would be part of the home and no longer be an accessory building ("Required Work"). The Owner has not completed the Required Work. 2. Completion Date. By January 1, 2018 ("Completion Date") the Owner must complete the Required Work in accordance with the Building Permit, call for and receive a final inspection and receive a certificate of occupancy from the City's Building Official. 3. Removal of Accessory Building and Appurtenances. If the Owner has not completed the Required Work in accordance with the Building Permit called for and received a final inspection and received a certificate of occupancy from the City's Building Official by the 193888v1 Completion Date, the Owner must remove the accessory building, tunnel and appurtenances by February 1, 2018. If the Owner has not removed the accessory building tunnel and appurtenances by February 1, 2018, the City may without notice to Owner enter the Subject Property and remove the accessory building, tunnel, and appurtenances. The Owner, however, is not required to remove the concrete slab at the base of the accessory building but the concrete slab may not be screened, covered or have a roof of any type. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. 4. Razing and Removal Costs. The costs for razing and removal of the Accessory Building, tunnel, and appurtenances shall be borne by the Owner. If the City razes and removes the accessory building, tunnel, and appurtenances on the Subject Property, the Owner will be billed by the City for all costs associated with the razing and removal. The Owner shall famish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $10,000.00 to guarantee payment. The City may draw down the security, without notice, if the Owner fails to make timely payment to the City. If the letter of credit is insufficient to reimburse the City for the City's costs, the City will bill the Owner for the deficiency and the Owner shall pay the Bill upon receipt. 5. Notices. Notices given under this Agreement shall be delivered by (i) overnight courier, (ii) certified mail, or (iii) hand delivery, and addressed as follows or to such other address provided by written notice to the other party: To Owner: Robert and Christin E. Boecker 610 West 961h Street Chanhassen, Minnesota 55317 To City: City of Chanhassen Attn: Todd Gerhardt, City Manager 7700 Market Boulevard Chanhassen, Minnesota 55317 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. 7. Recording. This Agreement shall run with the land and may be recorded against the title to the Subject Property. 193888A IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the Effective Date through their undersigned authorized representatives. Ro rt Boecker �- ChdsiLrCBoecker STATE OF MINNESOTA ) ( ss. COUNTY OF V'Je (— ) p Inc The foregoing instrument was acknowledged before me this 3/22 day of August, 2017, by Robert Boecker and Christin E. Boecker, husband 94 wife. PAUL W MHS NOTARY PUBLIC MINNESOTA Notary Public My Caimisum E�res Jan. !1. A20 ro-OWL 7 iff" 1,IF.`7.`110 Den ny gr yor By:r� odd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 30 day of August, 2017, by Denny Laufenburger and Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. a"L 11 j No ubl DRAFTED BY: CAMPBELL, KNUTsoN Professional Association 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 [RNK] 193888v1 JENNIFER ANN POTTER Notary Public -Minnesota my cwnssion Expires Jan 31, 2020 145504 2harterBank 1010 West Clairemanl Avenue Eau Claire, Wiscansin 54701 715.8324254 REMITTER: ROBERT & CHRISTIN BOECKER DATE 8/23/17 PAY TO THE ORDEROF CITY OF CHANHASSEN Q - EXACTLY **10,000 AND 00/100 DOLLARS $ 110 000.00 CASHIER'S CHECK THE PURCHASE OF AN INDEMNITY BOND WILL BE REDUIRED BEFORE ANY CASHIER'S CHECK OF THIS BANK WILL BE REPLACED OR REFUNDED IN THE EVENT IT IS LOST, MISPLACED, OR STOLEN. 11'000014550411' E:091812430E: 10100611' CHARTER BANK AUTHOPIZEO SIGNATUgE +�� IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must a) Bear the clause, "Drawn under Letter of Credit No. , dated , 2 , of (Name of Bank) b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2018. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. M 193888v1 Its MEMORANDUM iy-33 CITY OF CHANHASSEN Chanhassen is a Community for Life - Providing for Today and PlanningforTomorrow TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: August 28, 2017 SUBJ: 610 West 96`s Street Settlement Agreement PROPOSED MOTION "The Chanhassen City approves the execution of the settlement agreement for Robert and Christin Boecker at 610 West 96`h Street." City Council approval requires a majority vote of City Council present. EXECUTIVE SUMMARY The property owners are requesting approval to enter into an agreement to permit the construction of the tunnel connection between the house and the accessory structure to bring the building into compliance with city code. BACKGROUND We discovered the illegal building expansion to the accessory structure and issued a stop work order on August 28, 2014. On February 23, 2015, City Council denied the variance request to allow the building expansion. Subsequently, the owner applied for a permit to connect the house and the accessory building via a hallway to create an attached building. On August 18, 2015, we issued a permit for the hallway connection to connect the accessory structure to the home. On September 26, 2016, the plans were changed from a hallway to a tunnel. These revised plans were approved on January 6, 2017. No building activity took place and on July 11, 2017, the city sent a letter to the owners stating that the building permit had expired and that the expansion needed to be demolished. With this agreement, the owners agree to complete the construction of the tunnel by January 1, 2018 ("Completion Date") in accordance with the Building Permit, call for and receive a final inspection and receive a certificate of occupancy from the City's Building Official. PH9s2.227.1100 • wwwAchanhassen.mn.us • FX952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt 610 West 96' Street - Settlement Agreement August 28, 2017 Page 2 of 2 If the Owner has not completed the required work in accordance with the Building Permit called for and received a final inspection and received a certificate of occupancy from the city's Building Official by the Completion Date, the Owner must remove the accessory building, tunnel and appurtenances by February 1, 2018. If the Owner has not removed the accessory building tunnel and appurtenances by February 1, 2018, the city may without notice to Owner enter the Subject Property and remove the accessory building, tunnel, and appurtenances. The Owner, however, is not required to remove the concrete slab at the base of the accessory building but the concrete slab may not be screened, covered or have a roof of any type. This Agreement is a license for the city to act, and it shall not be necessary for the city to seek a Court order for permission to enter the land. RECOMMENDATION Staff recommends approval of the settlement agreement. ATTACHMENTS Agreement g:\plan\code enforcement\610 west 96th street -accessory structure\settlement agreement memo.doc AGREEMENT THIS AGREEMENT (the "Agreement') is entered into effective as of August 28, 2017 (the "Effective Date") by and between Robert Boecker and Christin E. Boecker, husband and wife ("Owner") and the City of Chanhassen, a Minnesota municipal corporation ("City"). WHEREAS, Owner owns property located at 610 West 96a' Street in Chanhassen, Minnesota ("Subject Property") legally described as: The East 155 feet of the West 1085 feet, as measured along the North and South lines thereof, of the Southwest Quarter of the Northwest Quarter of Section 25, Township 116, Range 23, Carver County, Minnesota. EXCEPT Parcel 22 of the Right of Way Plat No. 10-22, as Document No. 393637, and as shown on Minnesota Department of Transportation Right of Way Plat No. 10-22. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Background. There is an existing single family home on the Subject Property which is zoned Agricultural Estate District (A2). In 2014, the City discovered that the Owner was illegally constructing an accessory building on the Subject Property and the City issued a stop work order. On February 23, 2015, the City Council denied the Owner's application for a variance. On January 6, 2017, the City issued the Owner a building permit ("Building Permit") to connect the accessory building to the single family home by a tunnel so that the accessory building would be part of the home and no longer be an accessory building ("Required Work"). The Owner has not completed the Required Work. 2. Completion Date. By January 1, 2018 ("Completion Date") the Owner must complete the Required Work in accordance with the Building Permit, call for and receive a final inspection and receive a certificate of occupancy from the City's Building Official. 3. Removal of Accessory Building and Appurtenances. If the Owner has not completed the Required Work in accordance with the Building Permit called for and received a final inspection and received a certificate of occupancy from the City's Building Official by the 1938880 Completion Date, the Owner must remove the accessory building, tunnel and appurtenances by February 1, 2018. If the Owner has not removed the accessory building tunnel and appurtenances by February 1, 2018, the City may without notice to Owner enter the Subject Property and remove the accessory building, tunnel, and appurtenances. The Owner, however, is not required to remove the concrete slab at the base of the accessory building but the concrete slab may not be screened, covered or have a roof of any type. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. 4. Razing and Removal Costs. The costs for razing and removal of the Accessory Building, tunnel, and appurtenances shall be borne by the Owner. If the City razes and removes the accessory building, tunnel, and appurtenances on the Subject Property, the Owner will be billed by the City for all costs associated with the razing and removal. The Owner shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $10,000.00 to guarantee payment. The City may draw down the security, without notice, if the Owner fails to make timely payment to the City. If the letter of credit is insufficient to reimburse the City for the City's costs, the City will bill the Owner for the deficiency and the Owner shall pay the Bill upon receipt. 5. Notices. Notices given under this Agreement shall be delivered by (i) overnight courier, (ii) certified mail, or (iii) hand delivery, and addressed as follows or to such other address provided by written notice to the other party: To Owner: Robert and Christin E. Boecker 610 West 90h Street Chanhassen, Minnesota 55317 To City: City of Chanhassen Attn: Todd Gerhardt, City Manager 7700 Market Boulevard Chanhassen, Minnesota 55317 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. 7. Recording. This Agreement shall run with the land and may be recorded against the title to the Subject Property. 193888vl IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the Effective Date through their undersigned authorized representatives. Robert Boecker Christin E. Boecker STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of August, 2017, by Robert Boecker and Christin E. Boecker, husband and wife. Notary Public CITY OF CHANHASSEN Denny Laufenburger, Mayor Todd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of August, 2017, by Denny Laufenburger and Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public DRAFTED BY: CAMPBELL, KNUTsoN Professional Association 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 [RNK] 1938880 IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated , 2 , of (Name of Bank) ; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. Its 193888v1 August 31, 2017 CITY OF C HANHASSE N Chanhassen is a Community for Life- Providing forToday and Planning forTomarrow Robert and Christin E. Boecker 610 West 961" Street Chanhassen, MN 55317 Dear Robert and Christin E. Boecker: On August 27, 2017, the Chanhassen City Council approved a settlement agreement to permit you to complete the construction of the tunnel attaching your house to an accessory building bringing you into compliance with city code. An executed copy of the agreement is enclosed with this letter. The agreement requires that you complete the construction of the tunnel by January 1, 2018 in accordance with the building permit, call for and receive a final inspection and receive final inspection approval from the city's Building Official, which requires Engineering and Planning Departments' sign -off. You must contact the city to have all appropriate inspections performed in accordance with the building permit requirements. If you have not completed the required work in accordance with the building permit, called for and received a final inspection and received final inspection approval from the city's Building Official by the completion date, you must remove the accessory building, tunnel and appurtenances by February 1, 2018. If you have not removed the accessory building, tunnel and appurtenances by February 1, 2018, the city may without notice to you, enter the property and remove the accessory building, tunnel, and appurtenances. The costs for razing and removal of the accessory building, tunnel and appurtenances shall be your responsibility. The $10,000.00 cash escrow security you provided shall be held by the city to offset these costs. If the security is insufficient to reimburse the city for the city costs, the city will bill you for the deficiency and you shall pay said bill upon receipt. SCAN)Vgb PH 952.227.1100 • www.d.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Robert & Christin Boecker 610 West 961s Street — Settlement Agreement August 31, 2017 Page 2 of 2 You should contact the Building Official, Jessica Archer, should you have any questions regarding the building process at (952) 227-1199 or jarcher n ci.chanhassen.mn.us. If you have additional questions, please contact me at (952) 227-1131. Respectfully, Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Jessica Archer, Building Official Todd Gerhardt, City Manager Steve Lenz, Engineering Technician Roger Knutson, City Attorney MacKenzie Walters, Assistant Planner U2�p�ti.,�C r AGREEMENT THIS AGREEMENT (the "Agreement') is entered into effective as of August 28, 2017 (the "Effective Date") by and between Robert Boecker and Christin E. Boecker, husband and wife ("Owner's and the City of Chanhassen, a Minnesota municipal corporation ("City"). WHEREAS, Owner owns property located at 610 West 96" Street in Chanhassen, Minnesota ("Subject Property") legally described as: The East 155 feet of the West 1085 feet, as measured along the North and South lines thereof, of the Southwest Quarter of the Northwest Quarter of Section 25, Township 116, Range 23, Carver County, Minnesota. EXCEPT Parcel 22 of the Right of Way Plat No. 10-22, as Document No. 393637, and as shown on Minnesota Department of Transportation Right of Way Plat No. 10-22. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Background. There is an existing single family home on the Subject Property which is zoned Agricultural Estate District (A2). In 2014, the City discovered that the Owner was illegally constructing an accessory building on the Subject Property and the City issued a stop work order. On February 23, 2015, the City Council denied the Owner's application for a variance. On January 6, 2017, the City issued the Owner a building permit (`Building Permit") to connect the accessory building to the single family home by a tunnel so that the accessory building would be part of the home and no longer be an accessory building ("Required Work"). The Owner has not completed the Required Work. 2. Completion Date. By January 1, 2018 ("Completion Date") the Owner must complete the Required Work in accordance with the Building Permit, call for and receive a final inspection and receive a certificate of occupancy from the City's Building Official. 3. Removal of Accessory Building and Appurtenances. If the Owner has not completed the Required Work in accordance with the Building Permit called for and received a final inspection and received a certificate of occupancy from the City's Building Official by the 193888v1 Completion Date, the Owner must remove the accessory building, tunnel and appurtenances by February 1, 2018. If the Owner has not removed the accessory building tunnel and appurtenances by February 1, 2018, the City may without notice to Owner enter the Subject Property and remove the accessory building, tunnel, and appurtenances. The Owner, however, is not required to remove the concrete slab at the base of the accessory building but the concrete slab may not be screened, covered or have a roof of any type. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. 4. Razing and Removal Costs. The costs for razing and removal of the Accessory Building, tunnel, and appurtenances shall be borne by the Owner. If the City razes and removes the accessory building, tunnel, and appurtenances on the Subject Property, the Owner will be billed by the City for all costs associated with the razing and removal. The Owner shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $10,000.00 to guarantee payment. The City may draw down the security, without notice, if the Owner fails to make timely payment to the City. If the letter of credit is insufficient to reimburse the City for the City's costs, the City will bill the Owner for the deficiency and the Owner shall pay the Bill upon receipt. 5. Notices. Notices given under this Agreement shall be delivered by (i) overnight courier, (ii) certified mail, or (iii) hand delivery, and addressed as follows or to such other address provided by written notice to the other party: To Owner: Robert and Christin E. Boecker 610 West 96"' Street Chanhassen, Minnesota 55317 To City: City of Chanhassen Attn: Todd Gerhardt, City Manager 7700 Market Boulevard Chanhassen, Minnesota 55317 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. 7. Recording. This Agreement shall run with the land and may be recorded against the title to the Subject Property. 193888v1 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the Effective Date through their undersigned authorized representatives. Qo � Ro rt Boecker C stir .Boecker STATE OF MINNESOTA ) COUNTY OF (� rvle f (ss. p The foregoing instrument was acknowledged before me this day of August, 2017, by Robert Boecker and Christin E. Boecker, husbandwife. PAUL W. MAAHS NOTARY PUBLIC WNNESOTA �Y NO Public Myoe�.w.on E��. Jr. a+, imo CITY OF CHANHASSEN STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this �3 day of August, 2017, by Denny Laufenburger and Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: CAMPBELL, KNUTSON Professional Association 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 [RNK] 1938880 e� No ubl =Pubfic-MinnesoU M 145504 "CharterBank 1010 WestClairemont Avenue Eau Claire, Wisconsin 64701 -716.832.4254 REMITTER: ROBERT & CHRISTIN BOECKER BATE 8/23/17 PAY TO THE ORDER OF CITY OF CHANHASSEN EXACTLY **10,000 AND 00/100 DOLLARS 510.000.0 -4NAR7ER BANN +y! CASHIER'S CHECK AUTHOfl12E0SONATUflE J THE PURCHASE OF AN INDEMNITY BONO WILL BE RECURRED BEFORE ANY gQ CASHIER'S CHECK OF THIS BANK WILL BE REPLACED OR REFUNDED IN THE EVENT IT IS LOST, MISPLACED, OR STOLEN. +o¢e 1100000 Lis 550Lille 1:09 LB L 243011: 10 L006110 r IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam We hereby issue, for the account of and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause,_ "Drawn under Letter of Credit No. dated 2 , of (Name of Bank) ; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2018. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. M 193888vl Its July 11, 2017 CITY OF C HANHASSE X Chanhassen is a Community for life • Providing forToday and Planning forTomorrow Robert & Christin E. Boecker 610 West 96" Street Chanhassen, MN 55317 Re: Illegal Building Building Permit #15-00910 Dear Robert and Christin Boecker: We discovered the illegal building expansion in the summer of 2014 and issued a stop work order on August 28, 2014. On February 23, 2015, City Council denied your variance request (Planning Case #2014-33) to allow this expansion to remain and I sent you a letter on February 24, 2015 stating that you must apply for a demolition permit and remove or demolish this expansion. Subsequently, you applied for a permit to connect the house and the accessory building. On August 18, 2015, you received your building permit to connect your home via an at grade hallway to the detached accessory structure, which had been illegally expanded. You then changed your plans, which we received September 26, 2016, to go from a hallway connecting the house to the accessory structure to a tunnel connecting the house to the accessory structure. We reviewed the plans and had you make corrections to the plans, which were approved on January 6, 2017. Since that time, you have not proceeding with bringing the building in compliance with city code by connecting the house with the accessory building. Pursuant to Minnesota Building Code section 1300.0120 subp. 11, building permits are valid for 180 days provided they are `pursued in good faith". You have not proceeded with the construction of this connection in any manner except to tear up sod in the rear yard. It is clear from your actions that you have no intention to connect these buildings. PH 952.227.1100 • www.cf.chanhassan.mn.us • FX952.227.117n 1700 MARKET BOULEVARD - PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Mr. Robert and Christin Boecker 610 West 96th Street- Illegal Building July 11, 2017 Page 2 of 2 As it stands, your property is not in compliance with city code and must be brought into compliance. You must apply for a demolition permit and have the expansion removed by July 28, 2017. If you do not nor apply for the demolition permit by July 18, 2017 and have the building expansion removed by July 28, 2017, we will tum this item over to the city attorney's office for further action. You may contact Jerry Mohn at (952) 227-1199 or by email at imohn .ci.chanhassen.mn.us to discuss the requirements for the removal. If you have any questions or need additional information, please contact me at (952) 227-1131 or baenerousAci.chanhassen.inn. us. R Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager Roger Knutson, City Attorney Steve Lenz, Engineering Technician Jerry Mohn, Building Official MacKenzie Waliers, Assistant Planner c: Building File 610 West 96'" Street CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 08/31/2017 3:22 PM Receipt No. 00356962 CLERK: AshleyM PAYEE: Robert & Christin Boecker 610 West 96th Street Chanhassen MN 55317- 610 West 96th Street- Legal agreement to finish work ------------------------------------------------------- Security Escrow 10,000.00 Total Cash Check 145504 Change 10,000.00 0.00 10,000.00 0.00 p/2/Y, NN Z ro?) THIS AGREEMENT (the "Agreement') is entered into effective as of August 28, 2017 (the "Effective Date") by and between Robert Boecker and Christin E. Boecker, husband and wife ("Owner") and the City of Chanhassen, a Minnesota municipal corporation ("City"). WHEREAS, Owner owns property located at 610 West 96' Street in Chanhassen, Minnesota ("Subject Property") legally described as: The East 155 feet of the West 1085 feet, as measured along the North and South lines thereof, of the Southwest Quarter of the Northwest Quarter of Section 25, Township 116, Range 23, Carver County, Minnesota. EXCEPT Parcel 22 of the Right of Way Plat No. 10-22, as Document No. 393637, and as shown on Minnesota Department of Transportation Right of Way Plat No. 10-22. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Background. There is an existing single family home on the Subject Property which is zoned Agricultural Estate District (A2). In 2014, the City discovered that the Owner was illegally constructing an accessory building on the Subject Property and the City issued a stop work order. On February 23, 2015, the City Council denied the Owner's application for a variance. On January 6, 2017, the City issued the Owner a building permit ("Building Permit") to connect the accessory building to the single family home by a tunnel so that the accessory building would be part of the home and no longer be an accessory building ("Required Work"). The Owner has not completed the Required Work. 2. Completion Date. By January 1, 2018 ("Completion Date") the Owner must complete the Required Work in accordance with the Building Permit, call for and receive a final inspection and receive a certificate of occupancy from the City's Building Official. 3. Removal of Accessory Building and Appurtenances. If the Owner has not completed the Required Work in accordance with the Building Permit called for and received a final inspection and received a certificate of occupancy from the City's Building Official by the 193888v1 Completion Date, the Owner must remove the accessory building, tunnel and appurtenances by February 1, 2018. If the Owner has not removed the accessory building tunnel and appurtenances by February 1, 2018, the City may without notice to Owner enter the Subject Property and remove the accessory building, tunnel, and appurtenances. The Owner, however, is not required to remove the concrete slab at the base of the accessory building but the concrete slab may not be screened, covered or have a roof of any type. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. 4. Razing and Removal Costs. The costs for razing and removal of the Accessory Building, tunnel, and appurtenances shall be borne by the Owner. If the City razes and removes the accessory building, tunnel, and appurtenances on the Subject Property, the Owner will be billed by the City for all costs associated with the razing and removal. The Owner shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $10,000.00 to guarantee payment. The City may draw down the security, without notice, if the Owner fails to make timely payment to the City. If the letter of credit is insufficient to reimburse the City for the City's costs, the City will bill the Owner for the deficiency and the Owner shall pay the Bill upon receipt. 5. Notices. Notices given under this Agreement shall be delivered by (i) overnight courier, (ii) certified mail, or (iii) hand delivery, and addressed as follows or to such other address provided by written notice to the other party: To Owner: Robert and Christin E. Boecker 610 West 96"' Street Chanhassen, Minnesota 55317 To City: City of Chanhassen Attn: Todd Gerhardt, City Manager 7700 Market Boulevard Chanhassen, Minnesota 55317 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. 7. Recording. This Agreement shall run with the land and may be recorded against the title to the Subject Property. 2 193888v1 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the Effective Date through their undersigned authorized representatives. (� Ro rt Boecker C stir . Boecker STATE OF MINNESOTA ) COUNTY OF llcV JC ( (ss. p The foregoing instrument was acknowledged before me this �/ day of August, 2017, by Robert Boecker and Christin E. Boecker, husband 94 wife. •"` PAUL W. MAAHs NOTARY PUBLIC MINNESOTA NO}�,,� Public MY canrdw ESM jw31, 1030 Notary CITY OF CHANHASSEN STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this --2;0 day of August, 2017, by Denny Laufenburger and Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 11 No ubl DRAFTED BY: CAMPBELL, KNUTSON Professional Association 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 [RNK] 193888vl J=Publk-MInnesota M 145504 2harterBank 1010 West Clairemont Avenue Eau Claire, Wisconsin 54701 715.8324254 REMITTER: ROBERT & CHRISTIN BOECKER GATE 8/23/17 PAY TO THE CITY OF CHANHASSEN ORDER EXACTLY **10,000 AND 00/100 DOLLARS $10,000.00 CASHIER'S CHECK THE PURCHASE OF AN INDEMNITY BOND WILL BE REOUIREO BEFORE ANY CASHIER'S CHECK OF THIS BANK WILL BE REPLACED OR REFUNDED IN THE EVENT IT IS LOST, MISPLACED, OR STOLEN. 11.00D0 11.5501,11' 1:09 i8 124101: 10 100611' CHARTER BANK d xxu, AUTHOfl12EO 51GNATURE < `• 9gOLS es war IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No.dated , 2 , of (Name of Bank) ; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2018. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. mm 193888vl Its w July 11, 2017 CITY OF C HANHASSE N Chanhassen is Community forL'Ife- ProvidingforTodayand PlanningforTomorrow Robert & Cbristin E. Boecker 610 West 961' Street Chanhassen, MN 55317 Re: Illegal Building Building Permit #15-00910 Dear Robert and Christin Boecker: We discovered the illegal building expansion in the summer of 2014 and issued a stop work order on August 28, 2014. On February 23, 2015, City Council denied your variance request (Planning Case #2014-33) to allow this expansion to remain and 1 sent you a letter on February 24, 2015 stating that you must apply for a demolition permit and remove or demolish this expansion. Subsequently, you applied for a permit to connect the house and the accessory building. On August 18, 2015, you received your building permit to connect your home via an at grade hallway to the detached accessory structure, which had been illegally expanded. You then changed your plans, which we received September 26, 2016, to go from a hallway connecting the house to the accessory structure to a tunnel connecting the house to the accessory structure. We reviewed the plans and had you make corrections to the plans, which were approved on January 6, 2017. Since that time, you have not proceeding with bringing the building in compliance with city code by connecting the house with the accessory building. Pursuant to Minnesota Building Code section 1300.0120 subp. 11, building permits are valid for 180 days provided they are "pursued in good faith". You have not proceeded with the construction of this connection in any manner except to tear up sod in the rear yard. It is clear from your actions that you have no intention to connect these buildings. PH 952.227.1100 • www.ci.chanhassen.mn.us • Fx952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Mr. Robert and Christin Boecker 610 West 96"' Street- Illegal Building July 11, 2017 Page 2 of 2 As it stands, your property is not in compliance with city code and must be brought into compliance. You must apply for a demolition permit and have the expansion removed by July 28, 2017. If you do not nor apply for the demolition permit by July 18, 2017 and have the building expansion removed by July 28, 2017, we will tum this item over to the city attorney's office for further action. You may contact Jerry Mohn at (952) 227-1199 or by email at jmohn(d)ci.chanhassen.mn us to discuss the requirements for the removal. If you have any questions or need additional information, please contact me at (952) 227-1131 or baenerous(&ci.chanhassen.mn.us. R Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager Roger Knutson, City Attorney Steve Lenz, Engineering Technician Jerry Mohn, Building Official MacKenzie Walters, Assistant Planner c: Building File 610 West 96'" Street 14-33 October 30, 2015 Robert & Christin E. Boecker CITY OF Ci1tll1IlI1JDG11 610 West 96's Street Chanhassen, MN 55317 7700 Market Boulevard Re: BuildingPermit/Accessory Structure PO Box 147 �' Chanhassen, MN 55317 Dear Robert and Christin Boecker: Administration We discovered the illegal building expansion to your accessory structure last year and Phone: 952.2271100 issued a stop work order on Au February , City Fax: 952.2271110 P gust 28, 2014. On Febru 23 2015 Ci Council denied your variance request to allow this expansion to remain and I sent you a letter Building Inspections on February 24, 2015 stating that you must apply for a demolition permit and remove Phone: 952.227.1180 or demolish this expansion. Subsequently, you applied for a permit to connect the Fax: 952.227.1190 house and the accessory building. Engineering Phone: 952.227.1160 On August 18 2015 � , ,you were issued a permit for the hallway connection to connect Fax: 952.2271170 the accessory structure to your home. On September 3, 2015, you had the accessory structure inspected for framing in conjunction with this permit, but have not started Finance work on the hallway connection. Phone: 952.227.1140 Fax:952.2271110 As it stands, your property is not in compliance with city code and must be brought Park & Recreation into compliance through the connection of the structures. I advised Mr. Boecker on Phone: 952.227.1120 Thursday, October 29, 2015, that you may not occupy the expanded portion of the Fax: 952.227.1110 accessory structure until it is brought into compliance with city code. Recreation Center Building permits are valid for six months provided you continue to work on the 2310 Coulter Boulevard building construction. Verification of work is done through city inspection of Phone: 952.227.1400 construction activity, e.g. foundation inspection, framing inspection, etc. If no Fax: 952.227.1404 buildingactivity occurs for six months then the ty permit is voided. Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us If the buildings are not connected, then you will need to remove the expansion to the accessory structure. If you have any questions or need additional information, please contact me at (952) 227-1131 or by email at b enerous ,ci.chanhassen.mn.us. Robert Generous, AICP Senior Planner Ec: Kate Aanenson, Community Development Director Drew Ingvalson, Planner I Roger Knutson, City Attorney Jerry Mohn, Building Official 9:\plan\2014 planning cases12014-33 610 west %1b street varianc6build ng permit construction act req.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Cl l l OF August 2, 2016 CgANgASSEN Robert & Christin E. Boecker 7700 Market Boulevard 610 West 96h Street PO Box 147 Chanhassen, MN 55317 Chanhassen, MN 55317 Dear Robert and Christin Boecker: Administration The city considers the structure to be part of the principal structure if it meets the Phone: 952.227.1100 On July 28, 2016, the city entered your non-compliant accessory structure, due to the Fax: 952.227.1110 illegal expansion of the storage building, to ascertain whether it was being used in Building Inspections violation of City Code. You were advised that the addition could not be used for Phone: 952.2271180 storage or occupancy until it was brought into compliance with code by completing Fax: 952.227.1190 the connection to the house with an enclosed hallway for which you applied for a Phone: 952.227.1130 building permit on April 20, 2015. The building permit remains valid for 180 days, Engineering until September 24, 2016, provided the construction activity is being pursued in good Phone: 952.227.1160 faith. To date, you have used the building permit that was issued only to enclose the Fax: 952.227.1170 accessory structure, but have not begun the construction of the connecting hallway. Finance Phone: 952.2271140 you Until such time as complete the hallway and reduce the site hard cover to 20 p y Fax: 952.227.1110 percent through the removal of compacted gravel areas, you may not use the addition for storage or any other use, except for the storage of material and equipment being Park & Recreation used for the construction of the connecting hallway. Any other material, equipment, Phone: 952.227.1120 vehicles or packages in the addition must be removed from the structure. fax: 952.2271110 Recreation Center The city considers the structure to be part of the principal structure if it meets the 2310 Coulter Boulevard following: Phone: 952.227.1400 Fax: 952.227.1404 1. It must be physically attached to the principal structure and share at least one wall. Planning & Natural Resources 2. It must be commensurate construction, e.g., with walls, ceiling and floors, Phone: 952.227.1130 preferably with the same or compatible siding and roof materials. Fax: 952.2271110 3. It must be enclosed, protected from the elements. 4. It must have the equivalent frost footings as the house. Public Works 7901 Park Place Phone: 952.227.1300 Should you decide not to complete this construction, then you must apply for a Fax: 952.2271310 demolition permit to remove the addition to the accessory structure. Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web site www.ci.chanhassen.mn us Chanhassen is a Community for Life . Providing for Today and Planning for Tomorrow If you have any questions or need additional information, please contact me at (952) 227-1131 or by email at bgeenerousna ci chanhassen mn us. Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager Roger Knutson, City Attorney Steve Lenz, Engineering Technician Jerry Mohn, Building Official Amy Schutt, Attorney Mackenzie Walters, Assistant Planner c: Building File 610 West 96`h Street g:plan'2014 planning cases 2014-33 610 west 96th strew variance'se h w 1\n=n "Pllance Zara 8-2-16.dwx 2000 Aerial 2014 Aerial 14 Aanenson, Kate From: Mohn, Jerry Sent: Monday, February 23, 2015 11:44 AM To: Aanenson, Kate, Generous, Bob Subject: RE: Questions on Boecker update to last message Follow Up Flag: Follow up Flag Status: Flagged 36x96 building (apparently erected in approx. 2006) - Valuation (based on sq ft using MN state value for garage) $120,000.00 — 2006 Total permit fee - $ 1938.61 Fence permit was issued Oct. 16, 2014 - fee - $24.45. On Aug. 28, 2014 a Stop Work order was posted for "work without permit" for an addition to existing building (apparently erected in 2002); an application for this addition was submitted on Sep. 24, 2014. Jerry Jerritt Mohn Building Official City of Chanhassen From: Aanenson, Kate Sent: Monday, February 23, 2015 9:15 AM To: Mohn, Jerry; Generous, Bob Subject: Fwd: Questions on Boecker Sent from my Wad Begin forwarded message: From: "Laufenburger, Denny"<DLaufenburaeraci.chanhassen.mn.us> Date: February 23, 2015 at 8:35:23 AM CST To: "Aanenson, Kate" <kaanensonaci.chanhassen.mn.us> Cc: "Gerhardt, Todd" <TGerhardt(aci.chanhassen.mn.us> Subject: Questions on Boecker Kate - Can you help me with a couple things: The building which Boecker says was built in 2006 before the Ordinance change was made, apparently had no permit pulled. Can you tell me what the permit fees would have been in 2006? If not, can you tell me what they would be today? He says he has a Fence permit. When did he pull the fence permit, and at what cost? 1 When exactly did the inspectors ask Boecker to stop building and proceed through the permit and variance process? When was the permit for the structures applied for? Thanks DENNY LAUFENBURGER Mayor, City of Chanhassen 612-327-6800 (cell) �lt�- 'I(m�"a ass V, �, to I E �f Chanhassen Planning Commission — November 18, 2014 that way to match the other doors so that the building was uniform. Second, I asked staff what the average height of a horse trailer was with a hay rack on top. They didn't know. My doors are 11 feet on this. They are not super tall doors but it will be 10 feet to the top of the hay rack so it will fit. Personal property. Just for the City's record I will address the hoop house. The hoop house was constructed in 2006. It's a non -permanent structure. We didn't actually realize at the time that we would need a permit for the hoop house so that's why there is no application for it. The hoop house. Complaints. Staff said that there would be, this type of property and these buildings will bring up more complaints and I was wondering if staff has an actual complaint that was directed towards my property or caused by my property in any, because of any of my buildings or anything that I have. Aller: There is none in the report right now. Let me ask Bob, are we aware of any right now? Generous: Not that I'm aware of. Not for this specific property. We've had it for other properties. Aller: In general, okay. Robert Boecker: Okay. The 10 acre exemption. The other thing that I wanted, I had a supplement that I had put in there was the City's, that top one right there. If you guys have this. This is the zoning permit. You guys all have a copy of this? If you read through this, what does it take to get a zoning permit and what do you need a zoning permit for? Very last item on the list is agricultural buildings so when we looked at this to build our agricultural horse shed we assumed that we would be able to, and reading through this it makes it sound very easy to go in and we'll get a zoning permit because it's an ag building. So that's what we assumed. Nowhere on here, which I would think this would be a great place to put, that you must have 10 acres to have an agricultural building. None of us knew that as homeowners that we needed 10 acres. That we live on agricultural land but cannot own an agricultural building. I don't get that and that's really something that should have been on this page if this is where I'm going to to find out what I can and cannot do. All variance requests are automatically denied by staff. So from the first day I went in to start working on this I was informed that no matter what, it doesn't matter what the findings are, it will be denied. Or that's what the request will be, to be denied. Once again it's, there's a frustration there that the city I live in doesn't feel like they want to help us in any way to do this other than to figure out how can we not let this happen. That's the only feeling you get and that's once again frustrating. And along those lines if I have to come in, in front of a committee that also views the same guide, guided plan for my property, how is that not a conflict of interest for that party to be able to decide what I do on my land. It's out there. It's guided. My land is guided differently than it was when I bought the land and in 2007 we know that changed. That's going to be the last issue that I'm going to bring up is that in 2007 these changes were made. How was I informed that that was going to happen? Does the council know how that happened? Aller: I'm sure there were noticed hearings. 11 I I ''iI /� 1 Chanhassen Planning Commission — November 18, 2014 Robert Boecker: There was a public notice in the Chan Villager to tell us about it. Does everybody agree that is the best way to contact? How many homeowners are there that are affected by this? Are there 500? 100? Just a guess. Let's just throw a guess out there. Aanenson: Well it'd be pretty much the whole souther part of the city. It's every, anything that's zoned residential. This applies to anybody that has residentially zoned property so it's, which we have almost 9,000 homes in the city. Those are ones that have properties on them so it's the entire city that is residentially guided. Robert Boecker: And something like this that affects, we all agree this affects the value of our property immensely. The 2007 decision affects our property value immensely. Do we agree on that? Aller: I don't have enough facts to say I agree or not Robert Boecker: Well, I'm going to put it out there that it affects us immensely and if we're not people that read the Chan Villager then we miss something that obviously affects a lot of us and I would venture to say if we sent out that, if we did do a mailer that in 2007 and put it out to vote, that should be changed. Should it stay as what it was voted on in 2007 or should it go back to what it was? I'm going to guess I'm going to know what that vote will come back as because people, it's getting to the point where the, we're all being cookie cuttered and you can't look at every single property the same and that's basically what's being done here and so that's why we're up here. We're asking, look at our property. It is special. We are bordered by wetlands on both sides. The only way our property is going to change when the sewer and water come in, is if a developer comes in and buys us all out and grazes us all and the chances of that happening, that's not actually for the City to decide. That's the market. The market's going to decide because if it's there. If it's worth it then it will happen but otherwise us having an addition like this is not going to change that at all. And like I said if I wanted to decide to develop it, I'll just take this structure and turn it into a home and there should be no issue with that. So with that, do you have any questions? Aller: Ido. Robert Boecker: Yep. ap Aller: I mean you said you read this thing about agricultural buildings and the zoninglper"ti S. Why didn't you go in and get a permit? Robert Boecker: Why didn't I go in and talk to them about a zoning permit? Aller: Any permit. Robert Boecker: Our plan was to go in and talk to them about it but we had already started the process of trying to get all the numbers together of what this was going to mean for us to do this project and we had a window to get in. We took it and we thought this would be no big deal and it's obviously a big deal. 12 Chanhassen Planning Commission — November 18, 2014 Aller: Okay. And then you said nobody asked you. I'll ask you, what do you do for a living? _ Robert Boecker: I am actually a reclaimed wood broker. I buy reclaimed lumber. Salvaged lnn �WAd_ lumber and I ship it all over the United States and I resale so I'm basically a wholesaler. 1 Aller: Is it your intention to store that lumber on this property`? Robert Boecker: No. We ship directly from our site. Wherever I source it at, we pay another company to do the actual removal. It gets prepped and then it gets shipped to the site. So I do have an in-home office that I work out of and that's where I do all my business. Aller: And then these other businesses, Boecker Properties, LLC. � Z Robert Boecker: That is, when my wife used to be in mortgages and we owned multiple investment properties and we put all our investment properties under our LLC so that LLC is actually still sitting there. When the market tanked we sold those properties but it's sitting there in case we ever decide to jump back. Back into that. Aller: And then Devaan-Sellers. Robert Boecker: Devaan-Sellers and. Aller: And Cheap Thrills. Robert Boecker: Cheap Thrills is I collect motorcycles. I have multiple motorcycles and I have two friends that actually have motorcycles and equipment at my house and we actually set those up so that we could purchase parts because we can't just go in and get special pricing. So they're basically shell companies set up so that we can get the pricing that we want on the parts. Aller: So you're buying and selling parts out of your residence? Robert Boecker: No, we restore bikes. So but that's not to say that parts don't get sold. When I restore a bike I'll sell it, everything off of it that I don't re -use so whether, if you look at that as a business that I'm doing that for business purposes. It's the same as if I'm working on truck. Take a fender off. Put a new one on and put that fender on Craig's List. Am I running a business? So. Aller: I would think so. Robert Boecker: If I sell an old fender off of a truck that I fixed and I put it on Craig's List and sold it? Aller: It depends on how many you're selling. Robert Boecker: I'm doing that one truck so it's. 13 Chanhassen Planning Commission — November 18, 2014 Aller: Okay, so for that one part you're incorporating? I mean that's what I'm having a hard time. Robert Boecker: No, no, no, no, no. Aller: Is that the Secretary of State lists these as working LLC's at your residence. Robert Boecker: As LLC's. Correct and you need. Aller: With the place of business listed as your residence and with a manager by the name of Eric Devaan. Robert Boecker: Yes, who is my friend who races and the whole, what I just said was that in order to purchase parts at wholesale prices you need that entity set up. Otherwise they will not set you up. Those are set up for that reason so that we can purchase those parts. Aller: And the bikes that the parts go on are in your shed. Robert Boecker: A collection and raced, yes. Aller: Okay. Robert Boecker: And crashed and replaced again. Aller: Alright. Any other questions from anyone else at this point? Undestad: Just one here. Aller: Sure. Undestad: Yeah, the four buildings, the out buildings you have, two of them are. Robert Boecker: The fust building that they talked about, we don't have a garage attached to our house so the first one is a detached, three car garage so as far as I'm concerned that's all, that's our everyday driver cars. Undestad: So that's number 1 up there? Robert Boecker: Yeah. Yeah, so that'd be number 1. Undestad: Okay. Robert Boecker: Yep. Well we're doing the numbers so if you put up the other one with the numbers that will be, there. So the number 1. 14 Chanhassen Planning Commission — November 18, 2014 Undestad: Is your garage. Robert Boecker: That's our regular garage and we park our cars in every day. Number 2 is the one that we are proposing to add onto and that's where you saw the pictures of the bigger doors and the alone door is where I work on whatever equipment breaks down. Whatever I'm working on at the time. The other bay next to it is where I store all motorcycles. Everything that has to do with that is in that spot. The hoop house has my unrestored cars. Unrestored snowmobiles. No. That's the hoop house. That's all the unrestored items that and extra stuff that I may need because if that, you know if it collapses or whatever. And then the next structure, if Bob goes to that, that's where my nice products are. My nice cars and my motor coach too. Undestad: So you don't use any of these for agricultural right now? Four buildings. Robert Boecker: No. No, I can't grow on my land. I can't do anything like that so, and when "4-Q— they were permitted they were permitted for personal storage. Not as agricultural buildings. This is the only one that we've applied for as an agricultural building. Undestad: Okay. Robert Boecker: Anything else? Aller: Questions? Hokkanen: Can you clarify the 10 acres zoning? What was that? Aanenson: That's for agricultural purposes. That's the farming component. I mean you can have a horse stable on less than that. Hokkanen: That's what I thought. Aanenson: So we do allow certain animals to be housed so for 10 acres would be if you had something more, if you wanted sheep or something like that but to have a horse stable you can have less than the 10 acres. Hokkanen: That's what I thought. Robert Boecker: I had just one more thing then. Along with Mark asking about the different sheds. Let's just take the property right next door to me. Riegert who did get a variance approved. Let's say I bought their house. It does have an attached two car garage and I decide I want to have horses. So I put up a 1,000 square foot structure. No big deal. That all goes through. Now my wife and I and my 2 kids are into snowmobiling. We all go out and buy brand new sleds. Put them on our four place trailer. I cannot build a building to put that in. I cannot put them in my horse structure. My horses. My horse trailer. My feed is taking up that 1,000 square feet so I would live on 5 acres where I can have those 2 horses but I can't have anywhere to put anything, if I have any type of hobby, there's nowhere for those items to go. Where does staff suggest I put those? 15 Aanenson, Kate From: Generous, Bob Sent: Monday, February 23, 2015 2:36 PM To: Kate Comm Subject: Commercial use in accessory structures Kate, Following is the city code requirement: Sec. 20-977. - Subordinate use. The use of a dwelling unit for any home occupation shall be clearly incidental and subordinate to its residential use. Not more thc@l 25 percent of the floor area of one floor of a dwelling unit shall be used in the conduct of the home occupation o garage or accessory buildings except accessory agricultural buildings existing on February 19, 1987, shall be used for any home occupation Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O.Box 147 Chanhassen, MN 55317 (952)227-1131 bgenerous@ci.chanhassen.mn.us Chanhassen is a Community for Life— Providing for Today and Planning for Tomorrow �l ► I� � 11 ? Act n. structure Variance Request Planning Case #2014-33 0 tnunission nning Commission: November 18, 2014 ty Council: February 23, 2015 (Planning decision appealed by applicant)'{ Applicant/Owner: Robert & Christin E. Boecker Location: 610 West 961h Street Request The property owner is requesting a variance to construct a 38.5 - foot by 48 -foot horse shelter expansion (1,848 square feet) on the existing "pole barn," and an 11 -foot by 24 -foot day shelter (264 square fes` 2/23/2015 City Code and Existing Property • Section zo-9o4. ¢tures • The Agricultural Estate (A2) property currently has four accessory structures that have a combns�quarme area Of 12,7o6 square feet. • With the expansion, there would be 14,81 feet of accessory structures. Existing Accessory Structures 1. In 1986, a permit was issued for the 4 x 4o' �Yt garage. 8' 2. In 2000, the city issued a permit for a 48' x building.I 3 In 2002, the dry issued a budding permit for a 48' } x ioo'steel arch storage building. 4..\`o building permit app8eation an be found for JJ the 36'x 96*Agricultural Budding'. j! Variance History in the Neighborhood mnlb9 s. a�mar•l.11a4t 2/23/2015 r. Existing Accessory Stmetures in the Neighborhood s.bpd Architectural Building Plan O Existing Building and Expansion It 2/23/2015 3 Expansion Existing Building: Storage Existing Building: Agriculture 2/23/2015 4 Planning ComniMon AChon Planning Commission denies the variance request, directed the applicant to demolish the "hor shelter" expansion and adopt the Findings of Fact and Decision by a vote of 7 — o. Reminn wndcd Motion Chanhassen City Council denies the accessory structure variance request, directs the demolition of the expansion and adopts the ;, Findings of Fact and 0011, +)YIW O&t MjY'/ 2/23/2015 j/64f- -P g* p4jo ljy -1 pjj-AA g.•—cxsfGl� fo�Aw WIN •I1 N1 11MI- 2� - cI op le ✓� �✓b� vlm I MudGVO Nr v v I Ne+x. t,acFdairG MA -1 s{(AL I6 B< uAA�CD aFi Slur cwTdF l'i?ZJ4 1r V J� � d $ Fe y - - MIONG AS SHOWN ON TIE RIAM AN010R - 01MGtteE1FRO5pN PILANAl y OAiNNG �� 19.09"E My VEGFAND dwWG WIIIT3 sLj mI1sIRlNirox srAl®xAr tuts Wx Y mm w tvl a Feats �Op ..n,. mean steel 5`I er„ \l a °' 13 2 �_ ° meO'0 _:.: HOKE _ EXISRNG - ". Pp.E BARN �nTRA I� ✓� �✓b� vlm /'J /sl 11 '.—vaaa�nm ituel v v I Ne+x. t,acFdairG MA -1 s{(AL I6 B< uAA�CD aFi Slur cwTdF l'i?ZJ4 1r V J� � d $ lmC l Ey Aywtle [m5W1 - - MIONG AS SHOWN ON TIE RIAM AN010R - 01MGtteE1FRO5pN PILANAl y OAiNNG YNTOT MCAVAM011 lAA*XtAJN L'E tl 19.09"E My VEGFAND dwWG WIIIT3 sLj mI1sIRlNirox srAl®xAr tuts Wx Y mm w tvl a Feats 0 a le Iro leo Scale in Feet Mm WWMq Told - 201044 MI>e het (4.65 ¢rv) Mw --W" rood - IK474 +Wore feet (4.49 mv) e Onotee hon Ne eaeot Poemd o Datable Iron Monument Sol ee-Omohe Etlslmg U. -I wl Dmelm PTopoled BevoOon �Oeeltes PmPmwd Solace ihnne,s Survey for: BOB ROECCr� ER _ LU �a — — I �)ee,. /'J /sl 11 '.—vaaa�nm ituel i I%w 1r V J� lmC l Ey Aywtle [m5W1 r q y I• 19.09"E m. 1310.59 sLj Nvl Nw of 0.. M.M. ( of qe MONM 1�Wvlr 0 S't a ToM6 114 Rege 23 Fret toe Iewtim .1 .4, .. ft. 24 frl Ise.enml Sow demNan of tris ilq hove 666.49 het "'obef stet seal of ne adElM - 694.24 het Rymad Wernml nee of ne. adA'IWn - imli; het E%15i W6 \ PASTURE /4 Taint P.".E 119, 0'tb S6.FT. (2.1 Rams) LEVI NCI SEP E i IDI: cnµwsseaNspet;mu, ala Shoth l am.e M uo Seth. (evl. el . Nem -1 Pale, oT S . ex 116. deurf) MI the Ymlvnnl) PROPERTY DESCRIPTION Tae feet au honbed RRrlhe (155) feel of flu Neel one 14.d e19hly-hw 0065) Ie". m oared Non9 0e "t, and acuth 1Me. a.,.. of Ne Soilhee.l QIW- of the Nwlawe,l Quarter of $ Voa 25. Toenoaie 116. Ron o P]. Ce - fainly. NWne.efe 1 aemy artily thel we r.,ey he xVored by me or eaar my dNectl n and that 1 wn a Wy Ncmeed Lead S-oey vmWT the b.. of the stale of NMeealo. Dated Me 6th day of My. 2002, q�c� R610ER k ASSOCIATES, NC. ahNR' "O IAXO 9oR9ETIR te. a 6195 Alhn so o Ucem Lead Si329 NWne9elo Iserue No, 11295 Re.fM August X X102 Ft= August W. 2W2 - hooted blWeoted eet lead aM mored proposed Wilda, 11.66 feet to the north R. v September 10N.u=2a-,,.mryoo/ydd�9pplo1plo,,s.�e�d -Poing 75 feel fam, Iletfand Revuef AYI t4th. 1W+ - sw Fr/YVYe Ease RW9vows Cng dem'ms Rehder and Associates, Inc. DAL DIaIEER$ ANO "NO SURWYMS SNO f.Getl qh ..1.. .11, .i a Mme C.) f.V-]a51 48. 024-IM3.010 FlI[r 01-147 Ingvalson, Drew From: Generous, Bob Sent: Friday, October 31, 2014 3:01 PM To: Ingvalson, Drew Subject: FW: Accessory structure variance- 610 W96th St For the report. From: Fauske, Alyson Sent: Friday, October 31, 2014 2:42 PM To: Generous, Bob Cc: Jeffery, Terry Subject: Accessory structure variance- 610 W96th St If approved, the applicant must maintain existing drainage patterns. Alyson CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 10/16/2014 2:37 PM Receipt No. 00265540 CLERK: AshleyM PAYEE: Robert Boecker 610 West 96th - Planning Case 2014-33 ------------------------------------------------------- Variance 200.00 Notification Sign 200.00 Filing Fee 50.00 GIS List 54.00 ----------- Total 504.00 Cash 0.00 Credit Cd 504.00 Change 0.00 SCANNED carver county Taxpayer Services Department Laune Davies, Manager 600 East 4o Street, P.O. Box 69 Chaska, MN 55318-0069 s 952-361-1910-www.co.carver.mn.us r eIdlowiogvisaourwebsiteatwww.co carvermn • Pay yourtaxes online• Sign up far our Tax Payment Reminder • Print additional copies of your Tax Statement Property ID #: 25.0253100 Taxpayer. ROBERT & CHRISTIN E BOECKER 610 W 96TH ST CHANHASSEN MN 55317-8601 ullt�rhntrlrPhu�tli�ndlupgr�plrrh�uu�lrulrhtq REFUNDS? You may be eligible for one or even two refunds to reduce your property tax. Read the back of this statement to find out how to apply. Bill#: 600838 Property Address: 610 96TH ST W CHANHASSEN MN 55317-8601 Propeny Description Acres 4.74 Section 25 Townshipp 116 Range 023 E 155' OF W 1085' SW1/4 NW 1/4 EXC: P-22 MNDOT R -O -W PLAT NO 10-22 Line 13 Special Assessment Detail: RECYCLE MGT RES/AG Principal. 25.00 Interest: 25.00 masa Tax Detail for Your Property: Is a 2013 VALUES AND CLASSIFICATION PLEASE INDICATE YOUR ADDRESS CORRECTION 1. Use this amount on Form M1 PR to see if you are eligible for a property tax refund. Taxes Payable Year: 2013 2014 File by August 15. If this box is checked, you owe delinquent taxes and are not eligible. Estimated Market Value: 374,100 382,900 Step Homestead Exclusion: 3,600 2,800 'I Taxable Market Value: 370,500 380,100 4. Credits that reduce property taxes A. Agricultural market value credits New Improvements/ 0 m F U B. Other Credits Expired Exclusions: Carver County 5. Property taxes after credits Property Classification: Res Hstd Res Rstid Step 1,708.87 PROPOSED TAX 610 W 96TH ST 2 4.48 54,914.00 ullI Il lltullllfi1111lltlttlll llltll lllNnrlllrllllllrllr�lllfl 7. City or Town CITY OF CHANHASSEN PROPERTY TAX STATEMENT 1,035. Stop 8. State General Tax First half taxes due: May 15 2,787.00 3 Second hall taxes due: October 15 2,787Ao Total Taxes Due in 2014: 56824 5,574.00 Tax Detail for Your Property: To pay online go to www.co.carver.mmus Taxes Payable Year: 2013 201 PLEASE INDICATE YOUR ADDRESS CORRECTION 1. Use this amount on Form M1 PR to see if you are eligible for a property tax refund. ❑ 5.549. File by August 15. If this box is checked, you owe delinquent taxes and are not eligible. Property ID#: 25.0253100 TO AVOID PENALTY PAY ON OR BEFORE: October 15 2. Use these amounts on Fom1 M1 PR to see if you are eligible for a special refund. 5,627.00 ESCROW v a 3. Property taxes before credits 5,627.00 5,549. m9 4. Credits that reduce property taxes A. Agricultural market value credits Make checks payable to and remit to: - ., U. 0 m F U B. Other Credits m Carver County 5. Property taxes after credits 5,62200 5,549. Z a 6. County A. CARVER COUNTY 1,708.87 1,718. 610 W 96TH ST B. CO RAIL AUTHORITY 4.48 4. ullI Il lltullllfi1111lltlttlll llltll lllNnrlllrllllllrllr�lllfl 7. City or Town CITY OF CHANHASSEN 1,053.27 1,035. 8. State General Tax 9, School District SO 0112 Eastern Carver Cnty ti or nlymerll. Ppsmctetl cMtks a2 riot bald. Only p'riGal U.S. Postmark tlel¢rtn,nes payment mall dale. am p A. Voter Approved Levies 1,995.29 1,738. B. Other Local Levies 56824 7402 T ac e.2 10. Special Taxing Districts A. Metro Council 37.96 39.8 ~ ° B. Metro Mosquito Control 21.38 20. n` C. Metro Transit District 64.03 65. c� D. Carver County CDA 66.67 66.8 Q. E. Watershed 54.60 68. 11. Non -school voter approved referenda levies 52.21 51.1 12. Total property tax before special assessments 5.627.00 5,549.04 13. Special Assessments Interest: Principal: 25.00 25.00 25.04 14. TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS 5,652.00 5,574.01 2nd HALF PAYMENT STUB - PAYABLE 2014 To pay online go to www.co.carver.mmus The online payment feature is available for a current year tax payment. PLEASE INDICATE YOUR ADDRESS CORRECTION Delinquent payments cannot as paid online. ON REVERSE SIDE OF THIS PAYMENT STUB. Property ID#: 25.0253100 TO AVOID PENALTY PAY ON OR BEFORE: October 15 MR BY SECOND 1/2 TAX AMOUNT DUE: 2,787.00 OCOMPANY RESIOENTALOCREOfT SOLlmONS ARE S BEING ESCROW O y 2 Make checks payable to and remit to: - ., U. 0 m Bill #: 600838 m Carver County i Taxpayer: P.O. Box 69 ?CANNEO Z a ROBERT & CHRISTIN E BOECKER Chaska, MN 55318-0069 n c 610 W 96TH ST CHANHASSEN MN 55317-8601 ullI Il lltullllfi1111lltlttlll llltll lllNnrlllrllllllrllr�lllfl nZ Your cancelled cn as pool a Please write your Prtperye x to your cheat. ti or nlymerll. Ppsmctetl cMtks a2 riot bald. Only p'riGal U.S. Postmark tlel¢rtn,nes payment mall dale. am p or D 2 2 014 250253100 0 0 0 2 7 8 7 0 p receipt sent unless ra d Rf,.1 and a void colt Checks honor 1. m Man ,atla, f Rom¢ 6 ....... taxes 01550.00 or less and Real Estate taxes 0151 Ori. W or less muss Ge paatl m lull. If ,, pay your acres late. you .1, se tim ec a penalty See back for details 610 WEST 96TH STREET VARIANCE REQUEST -PLANNING CASE 2014-33 $200.00 Variance $200.00 Notification Sign $54.00 Property Owners List $50.00 Escrow for filing fees (Variance) $504.00 TOTAL $504.00 Less VISA 8259 payment $0.00 BALANCE REMAINING TO BE PAID ?CANNEC COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CHANHASSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: October 20, 2014 November 6, 2014 October 17, 2014 Contact: Contact Phone: Contact Email: Robert Generous, AICP 952-227-1131 bgenerous@ci.chanhassen.mn.us Planning Commission Date: City Council Date: 60-Day Review Period Deadline: November 18, 2014 at 7:00 p.m. December 8, 2014 at 7:00 p.m. December 16, 2014 Application: Request for Variance for a accessory structures in excess of 1,000 square feet on approximately 4.5 acres of property zoned Agricultural Estate (A-2) and located at 610 West 96th Street. Applicant/Owner: Robert and Christin Boecker Planning Case: 2014-33 1 Web Page: www.ci.chanhassen.mn.us/2014-33 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ❑ Fire Marshal Watershed Districts: ❑ Minnetonka ® Forester p Carver County WMO ❑ Shorewood ❑ Park Director ❑ Victoria ❑ Lower MN River ® Water Resources ❑ Minnehaha Creek Adjacent Counties: ® Riley-Purgatory-Bluff Creek Carver County Agencies: ❑ Hennepin ❑ Community Development Utilities: ❑ Scott E Engineer acom El Environmental Services E] Cable TV — Medi School Districts: ❑ Historical Society ❑ Electric — Minnesootata Valley ❑ Electric — Xcel Energy ❑ Eastern Carver County 112 ❑ Parks El Soil &Water Conservation District E] Magellan Pipeline ❑ Minnetonka 276 ❑ Natural Gas — CenterPoint Energy State Agencies: ❑ Phone — Centuryl-ink Other Agencies: ❑ Hennepin County Regional Railroad El Health Authority E]MN Landscape Arboretum El Historical Societyest Transit E]ElNatural Resources-Forestry C&W ElTC&W Railroad El Natural Resources-Hydrology ❑ Pollution Control ❑ Transportation SCANNED Property Card Taxpayer Information Taxpayer Name ROBERT 8 CHRISTIN E BOECKER Mailing Address 610 96TH ST W CHANHASSEN, MN 55317-8601 Property Address Address 610 96TH ST W City CHANHASSEN, MN 55317 Parcel ID Number 250253100 Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 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 $116,300.00 5125,100.00 Date of Sale 12/15/1997 Building $266,600.00 $285,700.00 Sale Value $155,000.00 t— Total $382,900.00 $410,800.00 Qualified/ U Unqualified Disclaimer: This information is to be used for reference purposes only. Carver County does not guarantee accuracy of the material wntained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 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 harmless the County from any and all claims brought by User, CARVER its employees or agents, or third parties which adse out of the users access or use of data provided. COUNTY Monday, October 20, 2014 Carver County, MN Page 1 of 1 SCANNED Parcel Information Uses Res 1 unit GIS Acres 4.28 Tax Acres 4.74 Plat Lot Block Tax Description E 155' OF W 1085' SW1/4 NW 1/4 IXC: P-22 MNOOT R -0-W PLAT NO 10-22 Building Information Building Style 1 STORY Finished Sq Ft 1834 Bedrooms 5 Year Built 1965 Other Garage Y Bathrooms 2.00 Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 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 $116,300.00 5125,100.00 Date of Sale 12/15/1997 Building $266,600.00 $285,700.00 Sale Value $155,000.00 t— Total $382,900.00 $410,800.00 Qualified/ U Unqualified Disclaimer: This information is to be used for reference purposes only. Carver County does not guarantee accuracy of the material wntained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 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 harmless the County from any and all claims brought by User, CARVER its employees or agents, or third parties which adse out of the users access or use of data provided. COUNTY Monday, October 20, 2014 Carver County, MN Page 1 of 1 SCANNED 14DDIilUnl d � APR er fin, n w = Y Airy k� S �E W 5078'09'E 1308.33 S LLll1l _ --7 _--------IDD ___ o .® '_ I¢ .. _ -Imam- 1h �PaIK_.__ -v. Lv d �laY4� Ali __. o s _ Vim.- w.+m vReRssrh ' 8 (7 U� ... 1 EXIST INO gg�ISSj (i - F° - 9.b .sm /- Q 22 I .._' PPSTU RE 3�£ I W .oM1Mb.,00atoll f ' k rtr �V las F'p � (D^" Pt) BARN m g3 ' W m� I l 6Y Raee1k rms„uaa Nc �pp hloi-6: i11XCFua�zo lila-IsaaL 1e�7/� $ H/4LL�eiiSllt ow�e�'l't{1�. 111•��nt`� I�I •`_• RIRRu,r,rLaaN6N ILM9a - - - - .p10F13.IKMM OX TIf ,l111.M4bR _ a4Tpunae6lpvrrnlae WI unox vAnalp p NaRrtauNa Ilg e nur vraTaTm 6upB wn11a - - - fgISI0.11rSMN fT1Na XAr IR1rf N6L Nb>I W of NN 6oewto,Nty d 9a NNMeooI p 4f®p ISI W eBlW4 Ssllm 33, T� 114 Rag, A z� 0 II n W O Score kI fact � eoDWRRIg . 1 195.474 sluoreY0].as hof (4.49 mp) • Omoro rm N.' Came e Benotas hon N. -I AI �. Bootee C "' Bnglian �zlooetee Ro9oeoe 6swtieo �O•nalee ho9oead A OraNa9e i R,a sM1rolimn eI •ulkp hww _ 691. Y/ Nd Bakamnl Sow 4.UvI 01 wish, ham _ Ba.49 Ml 9ngmo! " Moor 61 eve •edllm _ W124 feel IOIposN 6wvnnl Sow d nee adeRbn _ 685.16 het RECEIVES' - Sp CEIVEl'SEP E 4 zom CHANiI ME.. M PM -M. P] of 16 116. PROPERLY DESCRTPRON The Coal ms hun&od fifty -Me (155) felt of N• Wssl one NwamJ DWIYflve (I=) /M, . evouloci dm9 Me North -d awN IFP M.I. of Na SouNnwt Ouwfr of the Nwl,oDol Ouwlor of S 'c 25. TDm 4) 116. Rage 25. Caw Camly, tlhnesolu I hooey evtMY tMl M6 sewY eva ppraP etl hY ms a =f%: nO,r myy maclbn . AD, 1 an n ddy IY= t= sufw)v Ivey 4 bee of tM St of YMnota. Oe1W Ntr ]lIM doY of Ady. 9(pL RcxocR s: ASSWATM pC Sv NR F9 IHENSEO BtM�VETgI Alm R. Rehea.„wM Srw�v Ykn llN9n Na 1]'195 Reriue A ugwl 20. FOOT R•esed Npust Sq 9WY - hcatW daleydad eel IoM amo.ee M plapnaee OUFq 11.68 feet too Nv wth RewM S•PNmhy 54 2002 - Yooyd Prlosod WSpy 75 feel horn er6aM Ro. AprS tph, 2M - %or prWW hoax Opvla cO and duffs Rehder and Associates, Inc. OW ENGBIEFRS ANO IANO S R4E M ]u9 I— us_ • see• zoo .r, lama sew full ase-. e un-Imulu ML OZ -117 2X6CORNER MCORNER BRACE FNDWAl t 2 BRACE I hereby certify that this plan, speei5cation, or report was prepared by me or under my direct su envision and that 1 am a duly Licensed Profe iomd Engineer and the w of the State of Minnesota Jared K. Larson Date. Reg. No. 15847 SIDEWALL I © All drawings and content copyright RAM Buildings Inc. Call RAM Buildings Inc. to obtain copies of this plan. Unauthorized reproduction of these plans is a violation of federal law. a a = � o Y N O W x m m m a m x Z O 0 �i W � o m W � N U W x O m L1L x � O �i W � N m Z O to a d a < z Z W o W G Z Z O O Oz d m N 3 0 Structural Notes 1. The footings for the building are to bear natural soils or engineered capable of safely supporting a uniform load of at least 2000 pounds per square foot, without harmful settlement. 2 Notify the Architect/ Engineer immediately if any questionable conditions are encountered during excavation. Foundations are subject to change depending on the conditions encountered 3. Provide a minimum of 6" of compacted granular material below all slabs on grade, 4. Roof buss, purlin and wall girt fiaming is shown as a genual layout only. Consider the spacing shown on the plans to be the maximum. 5. All prefabricated wood trusses shall be manufactured in accordance with designs prepared by a Registered Professional Engineer. Submit shop drawings for each type of truss showing bearing locations, truss lengths, member sizes and grade of lumber, member stresses, connecting plate sizes and material, and bridging locations. The shop drawings shall be cefified by an Engineer registered in the State of Minnesota- 6. innesota6. Concrete work shall comply with the current "Building Code Requirements for Reinforced Concrete( ACI 318 ) as published by the American Concrete Institute. Desisa Live Loads 1he Structural design is based on the following superimposed Live Loads Roof ( Snow) - 35 PSF Floors - 250 PSF Mezzanine- 75 psf- limited height storage Wind - 90 MPH 1he Structural design is based on the building in the completed state. Contractors shall take the necessary precautions to insure that the building is braced during construction to resist all vertical and horizontal loads encountered. Material Strengths Concrete 4000 psi for floor slabs 3000 psi for footings Lumber. Dimension lumbo No. 2 SPF or better -unless noted otherwise Laminated 2x6 poles: Ph =1,500 psi Soil Beating Value 2,000 psf (assumed) :� QA 817X6'8'6-PANELW"MW 80-405/16'X511/8' KNOB/KNOBKEYED LATCH Y © 5030VMYLSUDINGMNDOW P M-TOOF WNDO MATCH TOFof wnLXDOOKs UNLE950THERN19E NOTED © 24-SIDEW OVERHANGS I 2XOI BRACE LU 41' WAINSCOT t PERIMETER I T x 8 PCy-2)o;72?; I (2)10-X10- I HOR5E _r 5TALL5 0 F- r/ I I L — St L— -26 X 1z•ENDwnu I CDNnNL"J5FROFaEVENT — — — — — — I HANGING MEZZANINE I 12'X 11, OVERHEAD DOOR � — 7 I FOOANGLY _ NOTCH ONE PLY FOR HEADER 57 BFiWNG trX11' _ OVERHEADDOOR BPLYAXei I � 2x6 nGortAl i i i Uro K f ''rUOTI GS RECEIVED I SEP 2 4 2014 CHANHASSEN INSPECTIONS I I ' IhmbyQU*fbatftfIlar, aF�frcetice, ora�partwas P-� - byaaeorundemy aaddWI madulylaceand Fnginoa under offt Stare Ofmmnasola Jared Larson ' ft No. 15847 0 All drawings and content copyright RAM Buildings Inc. Gall RAM Buildings Inc. to obtain copies of this plan Unauthorized reproduction of these plans is a violation of federal law. LU � nrss ]NYunrrN ` . t EDGE N i Uro K f ''rUOTI GS RECEIVED I SEP 2 4 2014 CHANHASSEN INSPECTIONS I I ' IhmbyQU*fbatftfIlar, aF�frcetice, ora�partwas P-� - byaaeorundemy aaddWI madulylaceand Fnginoa under offt Stare Ofmmnasola Jared Larson ' ft No. 15847 0 All drawings and content copyright RAM Buildings Inc. Gall RAM Buildings Inc. to obtain copies of this plan Unauthorized reproduction of these plans is a violation of federal law. LU � N x MW W _r F- L W X Y CZ ^0 ltG. m N L6 v z o d W lil m a U d a W m z 'z w oM w Z o J Z c� d d m (] FJ ROOF CONSTRUCTION: 29 GAUGE COLORED STEEL ROOF PANELS AND TRIM 35# - 5# - 5# 2 PLY ROOF TPU55ES� 6'- O" ON CENTER WITH BRACING AS PER ROOFTRU55 MANUFACTURER 2X4 EAVECONSTRUCTION: BLOCKING 2X6 EAYE BOARD METAL EAVE TRIM 24" NAIL TO POST WITH (8) 4" RINGSHANKNAILS. WALL CONSTRUCTION: 29 GAUGE COLORED STEEL WALL AND TRIM 2X4 WALL GIRTS AT 24" 4 PLY 2 X 6 WALL COLUMNS AT 6'- 0" O.C. 20.60 GRADE 12 4 F—,�, INSULATION 12 STOP 2X4 SOFFIT STARTER WALL LINER STEEL W/ 4 MIL POLY 2X4 WALL NAILERS p 48" O.C. X6 & Z -TRI M F R1 9 INSULATION 41" WAINSCOTED 2X4 TREATED BASE TRIM LAT BASE I \ I BASE MOLD 2X6 RODENT COMPACTED BACKFILL I I GUARD I TREATED 2X(o-X 12" BLOCKING I I I I (ON TWO SIDES) I it li I �-LI li� 24" DIAMETERX 8" THICK _ _ POURED CONCRETE FOOTING AT�J 51DEWALLCOLUMNS /CORNERS, I_ DIAMETER SIDEWALL SECTION 2X4 M51Z, 1650 ROOF PURLINS AT 24" O.C. CEILING NAILERS 6'-D"O.C. K �— STEEL CEILING W/ 4 MIL POLY RAKE CONSTRUCTION: RAKE TRIM 12"ENDWALLOVERHANG GABLE ROOF TRUSS WALL CONSTRUCTION: 29 GAUGE COLORED STEEL WALL PANELS AND TRIM 2X4 WALL GIRTS AT 24" O.C. 3 PLY 2 X 6 WALL COLUMNS SPACED PER FLOOR PLAN 41" BASE TRIM' 2X4 M5R 1650 ROOF PURLINS AT 24" O.C. R-40 INSULATION Um, 2X4 TREATED SAT BASE n I Ui by eorun ft that my nwro�n.o«partMP*A ENDWALL SECTION by me or ®dv gi direct of S am Kmn lacenud Prof Fagioea laws of the Scde of Minnesota Jared K' 1'8150° ® All drawings and content copyright RAM Buildings Inc. Itc& No. 15847 Call RAM Buildings Inc. to oirtain copies of this plan. Unauthorized reproduction of these plans is a violation of federal law. 2X8.60 TREATED GRADE BOARD Q p I I ( BASE MOLD o 12X6 RODENT Y N GUARD p COMPACTED BACKFILL i I I I 0 o TREATED 2X6 X 12" BLOCKING\ I I I I U- d (ON TWO 51DE5) r Ii II d� o La �J 18" DIAMETER X6"THICK _ J r POURED CONCRETE FOOTING AT ENDWALLCOLUMNS m DIAMETER n I Ui by eorun ft that my nwro�n.o«partMP*A ENDWALL SECTION by me or ®dv gi direct of S am Kmn lacenud Prof Fagioea laws of the Scde of Minnesota Jared K' 1'8150° ® All drawings and content copyright RAM Buildings Inc. Itc& No. 15847 Call RAM Buildings Inc. to oirtain copies of this plan. Unauthorized reproduction of these plans is a violation of federal law. W �L N W x m 17- Lo M x LLI m C) co W N � m � 0 0 a d w to u m F � W z z J D o- m 0 m In 4 � m 3�zsN d O N � Q Y N O m o o m W �L N W x m 17- Lo M x LLI m C) co W N � m � 0 0 a d w to u m F � W z z J D o- m 0 m In 4 � m 3�zsN d O N (1)71/4' LVL CONTINUOUS HEADER AT EXISTING WALL. ATTACH TO EXISTING P05T5 WITH (2) 5/8' DIAMETER X 7' LAGS I hereby certify that this plan, specification, or report was prepared by me or under my direct su inion and that I am a duly Licensed Pronal Engineer and the ws of the State of Minnesota 1— Jared K. Larson Date: �^ Reg No. 15847 TRIPLE TIZU55 2X6 (FIAT) MEZZANINE HANGERS AT 6-0'0.C. 3/4" TBG PLYWOOD 2X6 J015T (12) 1 Cod NAILS J5P AC7 FRAMING ANGLE (EA. 51DE) RAILING U5P AG7 FRAMING '4° 0 % ANGLE (EA. SIDE) — L:� (12) 16d NAILS HANGERS (1) 7 1/4' LVL CONTINUOUS HEADER. SPLICE ONLY AT HANGARS bC F EXISTING `z Z END WALL MEZZANINE SECTION © All drawings and content copyright KAM Buildings Inc. Call KAM Buildings Inc. to obtain copies of this plan. Unauthorized reproduction of these plans is a violation of federal law. SPIE rrvimnu z 13WE I hereby certify that this plan, specification, or report ua prepared by me or under my direct su rv.. and that I am a duly Licensed Prof, ional Engineer uud the w9 of the State of Minnesota Jared K. Larson Dmt. iReg No. 15847 ® All drawings and content copyright RAM buildings Inc. Call RAM buildings Inc. to obtain copies of this plan. Unauthorized reproduction of these plans Is a violation of federal law. t Structural Notes 1. The footings for the building are to bear natural soils or engineered capable of safely supporting a uniform load of at least 2000 pounds per square foot, without harmful settlement. 2 Notify the Architect/ Engineer immediately if any questionable conditions am encountered during excavation. Foundations are subject to change depending on the conditions encountered. 3. Provide a minimum of 6" of compacted granular material below all slabs on grade. 4. Roof truss, purlin and wall girt flaming is shown as a general layout only. Consider the spacing shown on the plans to be the maximum. 5. All prefabricated wood trusses shall be manufactured in accordance with designs prepared by a Registered Professional Engineer. Submit shop drawings for each type of truss showing bearing locations, truss lengths, member sizes and grade of lumber, member stresses, connecting plate sizes and material, and bridging locations. The shop drawings shall be certified by an Engines registered in the State of Minnesota 6. Concrete work shall comply with the current "Building Code Requirements for Reinforced Concrete" ( ACI 318 ) as published by the American Concrete Institute Desim Live Loads The Structural design is based on the following superimposed Live Loads: Roof ( Snow) - 35 PSF Floors - 250 PSF Mezzanine— 75 psf— limited height storage Wind - 90 MPH The Structural design is based on the building in the oompleted state. Contractors shall take the necessary precautions to insure that the building is braced during construction to resist all vertical and horizontal loads encountered Material Strencths Concrete 4000 psi for floor slabs 3000 psi for footings Lumber. Dimension lumber. No. 2 SPF or better— unless noted otherwise Lamifined 2x6 poles: Fb =1,500 psi Soil Bearing Value 2,000 psf (assumed) a a 3P vrIWA O A lI�COLtlaat CDUJMN 24'0 30'0 I FOOTR* r00ta1G5 , QA 5YYXW&-PANELWALKWW PERIMETER P..0.=405/16'X81 1/8• KN08IKNO5 KEYED LATCH W © 503OWMStAMMNDOW ,1 RA: WXW 3PLY2X0- 1 (2)10' x 1 t7 NM-TOPOFWINDOWSTO 1 HOR5E MATCH TOPOF WALKDOORS UNLE55OTHERW15E NotED t+ , I HANGW MEZZANK 1rX1r I _ OVERHEAD DOOR I � � i \ � \ I I snares\ C 5M117WMW-N WTCHONEFLYFORHEADER 51 DEARa1G 0- 54DEWALL 1 OVEP.}iANra5 W I � I II 4rwaNscor N PERIMETER I W x ,1 3PLY2X0- 1 (2)10' x 1 t7 I 1 HOR5E STALLS © 1 I / 1 I L _ snYZXrze I 1Zx1r OVERHEAD DOOR I \ Efl.YRJtO{ NOTCHONEPLYFORHEADFR DO] RECEIVED SEP 2 4 2014 CHANHASSEN INSPECTIM J Ihpeby edr{ythat t4Plm. sPecr'fica6m.orr4Pottaat prepared -.. bgmcoranrkr myd_. sad [hall amadolyLiceosed Prof ' " Engineer under oftbe State ofm u uta. Jared K. Luson ,Daae _ (. - Rteeco: I5m ® All drawings and content copyright RAM Bundingc Inc. Call RAM Dulldings Inc. to obtain copies of thl5 plan• Unauthorized reproduction of these plans is a violation of federal law. W r � N J W x !aL W x o 5i N CO m a c. m < n z z w o 2 z 13 z_ z a- a. J m C1 I ROOF CONSTRUCTION: 29 GAUGE COLORED STEEL ROOF PANELS AND TRIM 35# - 5# - 5# 2 PLY ROOF TRUSSES & - 0' ON CENTER WITH BRACING AS PER ROOFTRU55 MANUFACTURER EAVE CONSTRUCTION: 2X6 EAVE 130ARD METAL EAVE TRIM 24' SIDEWALL OVERHANG 2X4 BLACKING NAIL TO POST WITH (8) 4' RINGSHANK NAILS. WALL CONSTRUCTION: 29 GAUGE COLORED STEEL WALL AND TRIM 2X4 WALL GIRT& AT 24' O.C.- 4 PLY 2 X 6 WALL COLUMNS AT 06-O' O.C. 12 4 INSULATION 12 STOP 2X4 SOFFIT STARTER WALL LINER STEEL W/ 4 MIL POLY 2X4 WALL NAILERS @ 48' O.C. X6 & Z -TRIM {-R194TREATED 41' WAINSCOTE - II � 2X4 TREATED BASE TRIM , I I i_ ---AT BASE 2X8.60 TREATED GRADE BOARD I BASE MOLD 2X6 RODENT COMPACTED BACKFILL I I GUARD I TREATED 2X6 X 12' BLOCKING I I I I (ON TWO SIDES) it -L 24' DIAMETERXB°THICK �_ _ J POURED CONCRETE FOOTING A7 SIDEWALLCOLUMNS/CORNERS DIAMETER SIDEWALL SECTION 2X4 MSR 1650 ROOF PURLINS AT 24' O.C. CEILING NAILERS 6' - 0" O.C. 2 0 STEEL CEILING W/ 4 MIL POLY z z U ul w 2X4 MSR 1650 ROOF PURLINS AT 24' O.C'�, RAKE CONSTRUCTION: RAKE TRIM \ 12RENDWALLOVEPHANG R-40 INSULATION GABLE ROOFTRU55 WALL CONSTRUCTION: 29 GAUGE COLORED STEEL WALL PANELS AND TRIM 2X4 WALL GIRTSAT 24' O.C.- 3 PLY 2 X 6 WALL COLUMNS SPACED PER FLOOR PLAN 41'WAINSCOTE 2X6&Z-TRIM BASE 2X4 TREATED TRIM\ /AT BASE 1baft cii* 69 ft PIM ipWM�4 a ICPW was P[cvaed bymaar=4mmydhed = mdth91mm&4*JJeeased ENDWALL SECTION �� >.� of,ne sme of Mmnaoti Jaed R Larson Reg. Na 15847 ® All drawings and content copyright RAM Buildings Inc. Call RAM Buildings Inc. to obtain copies of this plan. Unauthorized reproduction of these plans is a violation of federal law. 20.60 TPEATED GRADE 50ARD .- o I I I BASE MOLD � o12X6 RODENT I- — GUARD COMPACTED BACKFILL I I i L p TREATED 2X6 X 12' BLACKING\ o°- (ON TWO SIDES) \- I 1 I I TLP OA - 18" DIAMETER X6'THICK — J - — POURED CONCRETE FOOTING AT ENDWALL:COLUMNS DIAMETER 1baft cii* 69 ft PIM ipWM�4 a ICPW was P[cvaed bymaar=4mmydhed = mdth91mm&4*JJeeased ENDWALL SECTION �� >.� of,ne sme of Mmnaoti Jaed R Larson Reg. Na 15847 ® All drawings and content copyright RAM Buildings Inc. Call RAM Buildings Inc. to obtain copies of this plan. Unauthorized reproduction of these plans is a violation of federal law. (1) 7 1/4' LVL CONTINUOUS — HEADER AT EXI5TING WALL. ATTACH TO EXISTING POSTS WrTH (2) 5/8' DIAMETER X 7' LAGS 1 hercbY cfffY that this Plan, specification, or report was Prepared by me or order my direct s' ion and that l 2 a duly licensed Prof ' nal Engineer tend the of the State ofMiotiasota. Jared K Lmoo Date: 101 Reg No. 15847 TPJPLE TRUSS 2x6 (FLAT) MEZZANINE HANGERS AT &-0' O.C. 3/4" TBG PLYWOOD 1 2)16d NAILS J5P AC7 FRAMING ANGLE (EA. SIDE) —2X4 RAILING 2X61 JOISTS- 24" O.C. 2X62X6 JOIST J HANGERS (1) 71 /4' LVL CONTINUOUS HEADER SPLICE ONLY AT HANGARS EXISTING END WALL MEZZANINE SECTION AC7 FRAMING iLE (EA. SIDE) �(12)16d NAILS © All drawings and content copyright RAM Buildings Inc. Call RAM Buildings Inc. to obtain copies of this plan. Unauthorized reproduction of these plans 15 a violation of federal law. i W c9 � N U W x 0 0D Lox j O I i i i o rn g 0 2oft u n Z z W W M o M IL Z Z to oa og IL d to o Create Map Page 1 of 1 CARVER COUNTY PROPERTY INFORMATION SEP 2 4 2014 CHANHASSEN INSPECTIONS http://carvergisweb l .co.carver.nm.usIPublic_ParceUprint.htm?MapPath=http:Hcarvergisweb... 9/9/2014 Create Map Page 1 of 1 CARVER COUNTY PROPERTY INFORMATION SEP 2 4 2014 CHANHASSEN INSPECTIONS http://carvergisweb l .co.carver.mn.us/Public_ParceUprint.htm?MapPath=http://carvergisweb... 9/9/2014 -A D I Tl v n) I 33 3 O � Z N N c a L>M'. Al ut 3 a = a pN W v e = o 'hO oor elevation of existing house v O feet Southwest Quarter of the Northwest Quarter of Section 25, Township 116, Range C O 23, Carver County, Minnesota. Proposed first floor of new addition = 894.24 feet Proposed 3 i 885.16 r �r zo Y Survey for: BOB HOECKER [GARAGE', c 16"Pine S0619'09"E 12"Ash 1309.3370130 _ .� :_ ._ -_... .� - 12"Ash - - -.� f -_ -_ .- - - -.., a" Inv. 886.91 i i - z 84. - 1 Boxelder Boxelder :Q� 1 Inv. H87.54 1 j i 1260.79 ..._ 885.9x o I 884.3 883 x 880• •••..-. i QP 14"Pine ' +-Sh'--------- ----- '--- ,; _TAVEL �^'; f as. yg o: a eei.3 x der DRIVE .. I4"Maple I/ 0 as "1i ------------------ In x v 886.95 Inv. 888.19 87 8%.l I 884.3 •Y___� 0 x x x 1 1V 12'Basswootl 5 6'Birch Clump 891.3 i 8913 120 / ! y t o / V x f�'4 6 88.19�. Concrete to-........ 6.' _.priOW712, x i 9.1 x be removed / o I4'Oak tB tA�, t� i 2. .8L2h. 00 895.6 / PRGPn5ED IYAsh V V li x I x J PASTU RC 4 MOPIe pj tq a �.....1- Grade swole to provide v In Z 884.4 1 /' 4"Maple y z i ._ .. 878.9 Oddi drainage to existing culvert �.i ¢ ' - 891.4 x .1 va 903.9 903.8 0 ~ O T��Pt, P R� '1 w iJ .. ` . - • .3 hou tion o � � g 1; � 303'f.� a _ ' ' (Fulment) p'9. w ' 8850 8746( • - _ i 9Z 38-5 �I '-----x.758X1.2... 878.9 D °2 oncrete to be removed Z I'2 I x _.-._ Edge of wet land delineated Bey a 89a5 • - B92 HorisE EXISTING 12'Crabapple h I - (nj } o _ b Aquatic EeoSolutions, Inc. 1 33 33 Fe 0 h 0 HfItACZb eJCV6"4-t' G[40% 0 ltZ�a INSTALL TYPE f EROSION CONTRC.iI• - - - - TENCING AS SHAWN ON THE PLAN ANDCR- CERTIFICATE OF SURVEY PRIOR TO EXCAVATION AND MAINTAIN UNTIL I07 15 FULLY VEGETATED; DURING WINTER CONSTRUCTION STAKED NAY BALES MAY .......... west line of the Southwest Quarter of the Northwest 9E USED IN LIEU OF FENCING Quarter of Section 25, Township 116, Range 23 o zs so 100 150 Scale in Feet Area including road = 203,044 square feet (4.65 acres) Area excluding road = 195,474 square feet (4.49 acres) • Denotes Iron Monument Found o Denotes Iron Monument Set 960.ix Denotes Existing Elevation so. x Denotes Proposed Elevation -r-Denotes Proposed Surface Drainage 701.61 .." Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 25, Township 116, Range 23 (Carver County Cast Iron Monument) Benchmark: Elevation = 887.63 feet PROPERTY DESCR1P710N First floor elevation of existing house = 894.24 feet The East one hundred fifty-five (155) feet of the West one thousand eighty-five (1085) feet, as measured along the North and south lines thereof, of the Basement l fMM a = a v oor elevation of existing house � 886.49 feet Southwest Quarter of the Northwest Quarter of Section 25, Township 116, Range 23, Carver County, Minnesota. Proposed first floor of new addition = 894.24 feet Proposed basement floor of new addition = 885.16 feet I hereby certify that this survey was prepared by me or under my direction and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota Dated this 30th day of July, 2002. RENDER &ASSOCIATES, INC. Q LI' Etd��O L�i'dG St1iVE �'OFi 1J 1 U I! _J J o _1= Z 0LU CDUj 21- o N (n �z W�w U cc y ch O t � O Cft L-\ m J I I I N 10 c aI O U h1 'U elf u1 v°Q 1 O oQ to aw ---------- .-..O .U C-) ^ N O F- i �I 22C�o '01 '? L ry�� I rx a = a v RECEIVED SEP 2 4 2014 CHANHASSENINSPECTIONS if�..� Alvin R. Rehder, Land Surveyor Minnesota License No. 13295 Revised August 20, 2002 Revised August 30, 2002 -located delineated wet land and moved proposed building 11.66 feet to the north Revised September 30, 2002 -moved proposed building 75 feet from wetland Revised April 14th, 2004 -Show proposed house improvements and elevafim Rehder and Associates, Inc. CIVIL ENGINEERS AND LAND SURVEYORS 3440 Federal Drive •Suite 240 -Eagan, Minnesota -Phone (651) 452-5051 J08: 024-1665,010 FILE: 02-147 A oor elevation of existing house � 886.49 feet Southwest Quarter of the Northwest Quarter of Section 25, Township 116, Range 23, Carver County, Minnesota. Proposed first floor of new addition = 894.24 feet Proposed basement floor of new addition = 885.16 feet I hereby certify that this survey was prepared by me or under my direction and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota Dated this 30th day of July, 2002. RENDER &ASSOCIATES, INC. Q LI' Etd��O L�i'dG St1iVE �'OFi RECEIVED SEP 2 4 2014 CHANHASSENINSPECTIONS if�..� Alvin R. Rehder, Land Surveyor Minnesota License No. 13295 Revised August 20, 2002 Revised August 30, 2002 -located delineated wet land and moved proposed building 11.66 feet to the north Revised September 30, 2002 -moved proposed building 75 feet from wetland Revised April 14th, 2004 -Show proposed house improvements and elevafim Rehder and Associates, Inc. CIVIL ENGINEERS AND LAND SURVEYORS 3440 Federal Drive •Suite 240 -Eagan, Minnesota -Phone (651) 452-5051 J08: 024-1665,010 FILE: 02-147 A CITY OF CHANHASSEN HARDCOVER CALCULATION WORKSHEET EXISTING AND PROPOSED HARDCOVER Property Address: 5 ie�1a4vos A. House ZRQ . X = 1 gay S.F. i Cbs `I SERSo<J 12 X I q = 22.') S.F. 2 a 2 CPRcRfj HoRs> SNE�TEQ385' X yg` = I$4g S.F. X = S.F. (gEa.A%Me,D VPG-wzE. Tin, X = - (,o 325 S.F. B. Garage z4 X L40 = qta0 S.F. 1117 PL A`rl40OSi 12 X I to = 192 S.F. ✓ C. Driveway CbK)C X RSMAII X D. Sidewalks Swop 10 X to ED MEL MR , X E. Patio/Deck TR2 . X X F. Other QtA SUT 4a X IOU (i.e. shed, etc.) H0QP alp X Clio SHED 4$ X -12 TOTAL HARDCOVER: TOTAL LOT SIZE: HARDCOVER PERCENTAGE: MAXIMUM %ALLOWABLE: = 25H-1 S.F. I/ = 5301 S.F.✓ = 100 S.F. = 17.9y 3 S.F. 1940 S.F. ✓ S.F. x{800 S.F. ✓ 3451p S.F. ✓ 34510 S.F. 3`/- 310,330 S.F. S(,,391 18fo,y3`1 S.F. ✓ 19.4b % I5.S29✓ 20 % Prepared by: 609 80EClZt2 Date: Q 23 I Signature: Q?e.e, i � Reviewed by: Date: Comments: CEIVED EP 2 4 2014 G:\PLAN\Forms\Hardcover Calculation Worksheet.xls CHANHASSENINSPECTIONS CITY OF CHANHASSEN # PERMIT APPLICATION BUILD ZONE FIRE ENG 7700 MARKET BLVD * PO BOX 147 * CHANHASSEN, MN 55317 Phone: 952-227-1180 Fax: 952-227-1190 Web: www.ci.chanhassen.mn.us Please Type or Print. Complete Sections A & F and either Sections B, C, D or E A GENERAL INFORMATION Site Address: (p(O WE5T gLcT1 SlVEET CHptJ)-RRSSEQ Mto 55311 PropertyOwntr ROBERT Ci0EC14ER Contact Person: SPME Address: �lp w, q��N sT Phone: %Amr 0152-`145-SHS6 E-Mail: __SOE5 a 80EC4E2917 - COrh wnuacwnAppucant: ICOISERT k56eCVerZ Contact Person: ROBERT goECILER Address: 0 r yER. 5 Phone: 952- q4S-9,4f3[n E -Mail: 13pEi RtEt'Y EIZgiZ COM City: HAn>NeS&vJ State:yAW Zip: 5531.1 License Number: N -P Tyre- F...;.ar:.,.. n*re. — Lot: Block: Subdivision: Parcel Identification Number: 25 07253100 Zoning District: Variance required: Yes 0 NoX Planning Dept. Case Number: Is there a wetland within 75' of any property lines? Yes -K No O Is the property in a floodplain? Yes 0 No XIf YES, Complete Certificate of Compliance for Authorized Floodplain Development. Sewer Available: Yes)< No O City Water Available: Yes ❑ No J;4 *** RENOVATION, REMODEL, RESIDE, REROOF AND WINDOW REPLACEMENT:*** Year Structure Was Built: Licensee Lead Certificate Number. IIID to PLN ArrL1cATTUN FOR A PERMIT. IT IS NOT THE ACTUAL PERMIT. THE UNDERSIGNED STATES THE INFORMATION PROVIDED IS ACCURATE AND HEREBY AGREES TO DO ALL WORK IN ACCORDANCE WITH THE CHANHASSEN CITY CODE AND THE MINNESOTA STATE LAWS REGULATING BUDDING CONSTRUCTION COMPANY: SIGNA1 PHONE (WORK): (CELL): 1012-119-483(0 (FAX): SIGNER MUST BE CONTRACTOR, CONTRACTOR'S AGENT OR EMPLOYEE *ALL ESCROW FEES 47LL BE REFUNDED TO THE CONTRACTORIAPPLICANT* G APPROVALS *Route Applications in the Order Below. *Park & Rec to Review Conanercial Only INSPECTIONS: date: PLANNING: date: FINANCE: date: �r ENGINEERING: li date: IV -(o -I tt PARK & REC: date: FIRE MARSHAL: *OFFICE USE ONLY* DATE RECEIVED RECEIVED SEP 2 4 2014 -HmwASSEN H FEES VALUATION Permit Fee -- Plan Review Fee ----- State Surcharge ----- SAC Fee-Cunits) -- Sewer Surcharge ----- Park Dedication Fee ----- Trunk Water Hookup -- Trunk Sewer Hookup --- Water Meter----------- ---- trosion Control Escrow-- B ONE & TWO FAMILY DWELLING Dwelling Square Footage: P Leve! (basement) 2'd Level 3' Leve/ -e Leve/ Tonal Finished Finished Finished Finished Finished Unfinished Unfinished Unfinished Unfinished Unfinished Garage Square Footage: Attached Detached Tuck Under HVAC System: Oil ❑ Gas ❑ Electric ❑ Forced Air ❑ Hot Water ❑ A/C ❑ Mechanical Ventilation ❑ Number of Baths: Full % %: Number of Bedrooms Number Future Bedrooms Number of Fireplaces: Masonry Manufactured Other Deck - Sq. Footage 3 Season Porch - Sq. Footage Screen Porch - Sq. Footage Value of Dwelling EXCLUDING Land: U COMMERCIAL AND INDUSTRIAL Current Address: Phone (H): (W): City: S1 New ❑ Alter ❑ Repair ❑ Addition ❑ Location in Building: Description of Work: Contact Person: E -Mail: Zip: Other ❑ Square Footage: Proposed Use: Construction Type: Sprmklered: Yes ❑ No ❑ Occupancy Classification(s): HVAC System: Gas❑ Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Space Heat ❑ Hot Water ❑ Steam ❑ Land Value: Acreage: Value of Improvement: SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL D TENANT IMPROVEMENTS uccupanVrenant Contact Person: Current Address: Phone (H): (W): City: State: Zip: Building Manager: Phone City: _ State: Contact New ❑ Alter ❑ Repair ❑ Square Footage: Construction Type: Occupancy Classification(s) Location in Building: Proposed Use: Description of Work: HVAC System: Gas❑ Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Hot Water ❑ Sprinklered: Yes ❑ No ❑ Adjoining Tenants: Name: Address: Occupancy Classification: Name: Address: Occupancy Classification: Value of SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS E OTHER IMPROVEMENTS OccupanvTenant:_ ROBEfLT 160eCV-EfZ Contact Person: ROBBIT F30EGCE2 Phone (H):9S2-4gS-J35WW): Addition ❑ Basement Finish ❑ Deck ❑ Demolition ❑ Fence ❑ Fireplace ❑ Grading ❑ Pool ❑ Remodel ❑ Repair ❑ Reroof ❑ Reside ❑ Shed J4 UST lostallation/Removal ❑ Other ❑ Year home was built Square Footage: Dimensions: 3 'l7 X $ Value of Improvement: 2�, 000 c:�s.�rtrrunsru.,��y� wr�mu w�a.�x RESIDENTIAL PERMIT/SURVEY ROUTING FORM Address: tlJ C) Lj / � ;d> Permit N'I ct �`� �1 � Legal: Date Receive d9 `�7 Permit for: Home , Addition—, Deck Other X—, Explain: Z2.-13- / Route Permits/Surveys in the following order, note any changes you require and forward to next department. Engineering will order new surveys as requested and route for approvals in reverse order. Building Address/legal description, building footprint, building type matches survey (walkout, lookout, etc), benchmark. Approved Y / N Required corrections: Date: Revised survey/plans approved Y / N Date: By: Planning Setbacks, tree preservation, wetlands, bluff zone, height, surface area, bluff setbacks. Approved Y C % Date: 8// By: Required corrections: Revised survey/plans approved Y / N Date: By: Finance Approved Y / N Date: Engineering Elevation, building type, grading/drainage easements, erosion control. Approved & N Required corrections: Date: Revised survey/plans approved Y / N By: SKLZ Date: By: 9 81W 3 L� oN O 33 Uj 3 feet O floor elevation of existing house 41 feet Proposed first floor of new addition = N L Proposed C 1� sL 310- W � V UJ � W N LLI ' vu I x rt.. U ^9z 00 C = S N 00 %GARAGE 44 16"Pine SO'19'09"E 12 "Ash ' 1309.33 Inv. 886.91 i 7" "' - - -� - - 72"A� - - - j - - - -- - - --I 8" Boxelder 701.30 QO Inv. 88754 1 - x B6xelder - 14"Pine 1 -----1260.79 885.9x 884 93 1 880.96 eod x I h - .3 88X3.6 881.7 ar GRAVEL- - DRIVE T 4°M6pi 1 i es. o' ice. PILOPOS4� FE ltz' *') Mv. 8 5 - I^ 8 19 995.7 I I O - 90. 886.1 Ix x 684.3 1 I r( O✓/•Od 12"Bosswood9 6 Bircfi Glom 891.7 12.0 SWDq/l P ,�'} [;1' O 887 Concrete to / 6.' ; _ so 88 6 be removed PJr�o.p1oZ 9xe °�° I • OOAC - 8 .6 - UPfSSED O ( 1� T4"Ook *.� ra I,U 2. ` X 8912h._ fZ 12'Ash tri - V II , x y _ 4'Mople 14 A Pte, '-� '-Grade Swale to provide LO - ^7 2 884.4 x p �•P/op�p8_�"d drainage to existing culvert _ I`� "G� I a7e9O991 4 x hou ♦S aMtlon 903.9 V7`^p Fu/l basement) 88s.o 9 2a79.6r x878.9 - TC�-1�.�_.. _ W .... _84.....try,"oncrete fo be removedGl>v �� ....._. Edge of wet land delineated E EXISTING by Aquatic EcoSolutions, Inc. 72"Crbap(Ja 97 a 51{4'E I- O MO�av6.4 / z SHELTERPOLE BARN WGARAG �J FLR. ELEJ. YC�i _CD Maple - / Iv 404 : .; .;ZZ 1z Asn W 7a� ^ / so. I e7e.s t8 In 14 -Ash 18"4sh i 08.6 - 903.6 5 iV%so3.7 - d261 46 - - ' x - - - 88s.1 ' I x^x 1x.00- _ 583.Z 879.7 701.81 1 - -- - �.- - - -\- - - - Lo ----------- - x 1310 9 .. A., w *A� ARA /1 NA51 r x� 33 33 0 0 ro 0 a --f F,f- t /4I�--2- INSTALL TYPE _r_ EROSION CONTROL - -- - FENCING AS SHAWN ON THE PLAN AND!OR CERTIFICATE OF SURVEY PRIOR TO EXCAVATION AND MAINTAIN UNTIL LOT IS FULLY VEGETATED; DURING WINTER CONSTRUCTION STAKED HAY BALES MAY BE USED IN LIEU OF FENCING L 0 25 50 100 150 Scale in Feet Area including road = 203,044 square feet (4.65 acres) Area excluding road = 195,474 square feet (4.49 acres) • Denotes Iron Monument Found o Denotes Iron Monument Set 960.1x Denotes Existing Elevation so. _x Denotes Proposed Elevation �-Denotes Proposed Surface Drainage West line of the Southwest Quarter of the Northwest Quarter of Sectlpn 25, Township 116, Range 23 I Southwest corner of the Southwest Quarter of ------------ the Northwest Quarter of Section 25, Township 116, Range 23 (Carver County Cost Iron Monument) Benchmark: Elevation = 887.63 feet PROPERTY DESCRIPTION First floor The East one hundred fifty-five (155) feet of the West one thousand eighty-five (1085) feet, as measured along the North. and south lines thereof, of the Southwest Quarter of the Northwest Quarter of Section 25, Township 116, Range 23, Carver County, Minnesota. I hereby certify that this survey was prepared by me or under my direction and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 30th day of July, 2002. RENDER &ASSOCIATE$, INC. RECEIVEL� L10ERd1r€0 SEP 2 4 2014 LAH m:,R=aElEart �11 95 CHANHASSEN INSPECTIONS ti Alvin R. Rehder, Land Surveyor � Minnesota License No. 13295 Revised August 20, 2002 Revised August 30, 2002 - located delineated wet land and moved proposed building 11.66 feet to the north Revised September 30, 2002 -moved proposed building 75 feet from wetland Revised April 14th, 2004 -Show proposed house improvements and elevations Rehder and Associates, Inc. CIVIL ENGINEERS AND LAND SURVEYORS 3440 Federal Drive •Suite 240 -Eagan, Minnesota -Phone - elevation of existing house = 894,24 feet Basement floor elevation of existing house = 886.49 feet Proposed first floor of new addition = 894.24 feet Proposed basement floor of new addition = 885.16 feet (651) 452-5051 JOB; 024-1865,010 FILE: 02-147 A-DDITIvt4l z C) U W cr oLIJ IlJ z C�l W � V UJ � W Q = x VOf (651) 452-5051 JOB; 024-1865,010 FILE: 02-147 A-DDITIvt4l U -J 1 O o T' -1- (651) 452-5051 JOB; 024-1865,010 FILE: 02-147 A-DDITIvt4l I 1x24' horse / cattle shed ** we deliver ** CL mankato > all for sale / wanted > farm & garden - by owner contact %rohl�btted m Posted: 21 days ago . Pow A next 11x24' horse/ cattle shed** we deliver ** - $3100 (Milaca) condition: new Page 1 of 1 Iaccount ] data o owstreewap 12267 125th ave (goople maul (vahoo maul l 1x24' portable animal shelter. it has a treated 6x6 base that is bolted together for long life, it has tugs on both ends for moving, it has a 2x10' liner to protect the inside, it has pole barn steel, the shed is 100% screwed together, no nails, we offer delivery fora small fee, no emails or texts please call for info stww-conrect mfo� Lee • do NOT contact me wan unsolicited services or offers post id-. 4639248290 posted: 21 stays ago email to friend ♦ best m m Avoid seems deal locally Beware wiring (e.g. Western Union), cashier checks, money orders, shipping. ExAM�Lt RECEIVED SEP 2 4 Mme CHANHASSEN INSPECTIONS ® 2014 craigslist help safe riP vaw feedback a iobs terns about mobile http://mankato.craigslist.org/grd/4639248290.htmi 9/16/2014 animal / horse shelter CL minneagolis > carv/sher/wri > all for sale / wanted > farm & garden - by dealer reply X pmhibiled m Posted: 21 days ago - prev A need animal / horse shelter - $3195 (Rockford) nem. 10' x 12' livestock shelter... 3195.00.9' tall front,8'rear. ION 20 available call straw coplect info ...delivery available • do NOT contact me wih unsolicited services or otters post id'. 4637917897 posted 21 days ago updated: a day ago email to mend ♦ best of V' Avoid scams deal locally Bowan: wiring (e.g. Western Union), cashier checks, money orders, shipping. Page 1 of 1 [account] O vapalisl. Mep 4ela0Open5treetMap 975 chamberlain ave se (acogle maul (yahoo map) corndition: new 02014 aaigslisl he[R sa" prirvacy feedback of ices terms about moble RECEIVED SEP 2 4 p014 CHANHASSEN INSPECTIONS httn•//minneanolis.craigslist.org/csw/gro/4637917997.htmi 9/16/2014 • CITY OF CHANHASSEN HARDCOVER CALCULATION WORKSHEET EXISTING AND PROPOSED HARDCOVER Property Address: A. House ZRR . X = 183y S.F. y 5EA 12 X I q = 22Q) S.Fje (PRcPtGM' HORSESliCO)tt36.5' X yg` = I$y S.F.✓ X = S.F. CREcLwIrhe:D w^F� TP Z X = — 6-32.5 S.F. ✓ S" C- B. B. Garage 2y X HO = q(CO S.F. G11-1 PLAY00oSz 12 X 1(0 = 192 S.F. ✓ C. Driveway CerJC. X = 2.5`11 S.F.✓ Rspr%LT x = 3301 S.F.✓ D. Sidewalks Smcop 10 x 10 (NAYEA- jaR , X E. Patio/Deck '2 U-, X X j op S.F. 17.q�43 S.F.✓ MLIO S.F. ✓r S.F. F. Other Q�;ONSET H'2� X 100 = H800 S.F.✓ (i.e. shed, etc.) HCop &P x Clio = 345(0 S.F. ✓ 5tiED 48 X '72 = 34510 S.F. 3,y 73 TOTAL HARDCOVER: 340,3-50 S.F. 3(0, 3`t`( Sr TOTAL LOT SIZE: -1 e6. `i 3`1 S.F. ✓ ✓ HARDCOVER PERCENTAGE: 19.4b % I�`1 • s� MAXIMUM %ALLOWABLE: 20 % ✓ Prepared by: OECII E2 Date:23 1 /60B Signature: ') 20e- ,LTi I r IL�r —q Reviewed by: Date: Comments: DAY 5HELTI-YL TO S:T 00 EYE T%0(o HPC -b uQF E7 --RECEIVED G:\PLAN\Forms\Hardcover Calculation Worksheet.xls SEP 2 4 2014 CHANHASSEN INSPECTIONS Create Map Page 1 of 1 CARVER COUNTY PROPERTY INFORMATION RECEIVED SEP 2 4 ?m4 CHANHASSEN INSPECTIONS http://6arvergisweb l .co.carver.mn.us/Public_Parcel/print.htm?MapPath=http://Carvergisweb... 9/92014 Create Map Page 1 of 1 CARVER COUNTY PROPERTY INFORMATION RECEIVED SEP 2 4 ?nl4 CHANHASSEN INSPECTIONS http://carvergiswebl.co.carver.nm.us/Public Parcel/print.htm?MapPath=http://carvergisweb... 9/9/2014 CITY OF CHANHASSEN PERMT APPLICATION f BUILD FIBS ENG 7700 MARKET BLVD ♦ PO BOR 147 ♦ CHANHASSEN, MN 66917 Phone: 952-227-1180 Fax 952-227-1190 Web: www.ci.chenhassen.mn us Please Type or Print, Complete Sections A & F and either Sections B, C, D or E A GENERAL INFORMATION Site Address: (pl0 WEST Gl,7B &jV-eeT ClilltaljhSSe►j MlJ 5S31 -j Property Owner. R06ERT (60ECOCEQ Contact Person: SP.MF- Address:- W W. WLt'J1 ST Phone: � E -Mail• appy M BDEC10ERi31Z COM Contractor/Applicant: Ro3ERT $oEgKeR Contact Person: ROBERT Fia£CiLER Address: lfS , !11o'LN 5 EE Phone: 95Z- 44S-4?4P7 E -Mail: 136P, V bQC-C✓ER61� CI M City: C08LW-r -G-e1) —State.• YAW Zip: S'S3i1 License Number. N A Type: — Expiration Date: Lot: Block: Subdivision: Parcel Identification Number: 25. Q Z5 ,100 Zoning District Variance required: Yes ❑ No,X Planning Dept Case Number: Is there a wedand within 75, of my pmpmly lines? Yes No ❑ Is the property in a floodplain? Yes 0 No X If YES, Complete Certificate of Compliance for Authorized Floodplain Development_ Sewer Available: Yes )< No ❑ City Water Available: Yes ❑ No *•* RENOVATION, REMODEL, RESIDE, REROOF AND WINDOW REPLACEMENT:*** Year Structure Was Built Licensee Lead Certificate Number: UNDERSIGNED STATES THE INFORMATION PROVIDED IS ACCURATE AND HEREBY AGREES TO DO ALL WORK IN ACCORDANCE WITH THE CHANHASSEN CITY CODE AND THE MINNESOTA STATE LAWS REGULATING BUILDING CONSTRUCTION AME:— QOg PjpeCy 52 COMPANY: SIGNAL PHONE (WORK): (CELL): 1012-41cl-L4 (FAX): — SIGNER MUST BE CONTRACTOR, CONTRACTOR'S AGENT OR EMPLOYEE "ALL ESCROWFEES WILL BE REFUNDED TO THE CONTRACTORIAPPLICANT► *Route Applications in the Order Below. Park & Rec to Review Commercial Only .OFFICE USE ONLY. VALUATION S Permit Fee Plan Review Fee --- State Surcharge -- SAC Fee -(_units) - Sewer Surcharge ----- Park Dedication Fee -- Trunk Water Hookup — Tnmk Sewer Hookup — Water Meter---- — *Erosion Control Escrow- 2,5p INSPECTIONS: date: PLANNING: date: FINANCE: date: ENGINEERING: �l2 date:_ LO -in-1N PARK & REC: date: FIRE MARSHAL: DATE RECEIVED RECEIVE[ SEP 2 4 2014 CHANHASSENINSPECT UNE & TWO P Level (basement) 2" Level 3d Level 44 Level Total Finished Finished Finished Finished Finished Unfinished UnfinishedUnfinished Unfinished Unfinished Garage Square Footage: Attached Detached Tuck Under HVAC System: Oil ❑ Gas ❑ Electric ❑ Forced Air ❑ Hot Water ❑ A/C ❑ Mechanical Ventilation ❑ Number of Baths: Full 3/. %: Number of Bedrooms Number Future Bedrooms Number of Fireplaces: Masonry Manufactured Other Deck - Sq. Footage 3 Season Porch - Sq. Footage Screen Porch - Sq. Footage Value of Dwelling EXCLUDING Land: L COMMERCIAL AND INDUSTRIAL uccupanu i enanr: Contact Person: Current Address: Phone (H): (W): E -Mail: City: State: Zip: New ❑ Alter ❑ Repair ❑ Addition ❑ Other ❑ Square Footage: Location in Building: Proposed Use: Description of Work: Construction Type: Sprinklered: Yes ❑ No ❑ Occupancy Classification(s): HVAC System: Gas[] Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Space Heat ❑ Hot Water ❑ Steam ❑ Land Value: _ Acreage: Value of SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS D TENANTIMPROVEMENTS Occupantrrenant: Current Address:_ City: Building Manager Phone City: _ State: State: E -Mail: Contact Person: Phone (H): (W): Contact Person: New ❑ Alter ❑ Repair ❑ Square Footage: Construction Type: Occupancy Classification(s) Location in Building: Proposed Use: Description of Work: HVAC System: Gas[] Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Hot Water ❑ Sprinklered: Yes ❑ No ❑ Adjoining Tenants: Address: Proposed Use: Value of Occupancy Classification: Occupancy Classification: SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS b OTHER IMPROVEMENTS Occupant/Tenant: Rose LT Contact Person: SAME Phone (H):g52-445-84 (0 (W): Addition ❑ Basement Finish ❑ Deck ❑ Demolition ❑ Fence ❑ Fireplace ❑ Grading ❑ Pool ❑ Remodel ❑ Repair ❑ Reroof ❑ Reside ❑ Shed ❑ UST Installation/Removal ❑ Others' Year home was built Igt,S Explain: DpY S8EL'iE2 Fbrt HoR5j� /CATTLE. MOaiEA6L7—. O Square Footage: 2 (4, Dimensions: 1;' X 2q' Value of Improvement: c:vs�rvvnsnr..vuar wMrauropyr�uu�.�« RESIDENTIAL PERMIT/SURVEY ROUTING FORM Permit for: Home—, Addition Other, Explain: e _ Permit No� �C�/ / Date Received L 7 Route Permits/Surveys in the following order, note any�changes you require and forward to next department. Engineering will order new surveys as requested and route for approvals in reverse order. Buildine Address/legal description, building footprint, building type matches survey (walkout, lookout, etc), benchmark. Approved Y / N Required corrections: Date: Revised survey/plans approved Y / N Date: By: Planning Setbacks, tree preservation, wetlands, bluff zone, height, surface area, bluff setbacks. Approved Y / V� Date: /V////> By: Required corrections: 5?, /fief- b4 Acaj, } Revised survey/plans approved Y / N Date: By: Approved Y / N Date: By: Engineering Elevation, building type, grading/drainage easements, erosion control. Approved �Y ' N Required corrections: Date: -uo-l'i Revised survey/plans approved Y / N By: SKL2 Date: By: g+Wfe[yUorm\pem uoming L400 Generous, Bob From: Kate Miner [kminer@co.carver.mn.us] Sent: Tuesday, October 28, 2014 12:00 PM To: Meuwissen, Kim; Generous, Bob Subject: RE: City of Chanhassen Agency Review Request for 610 West 96th Street Variance Request Carver County Public Works does not believe there are any effects to the County Roadway and has no comments. Thanks for the opportunity to review. Kate Miner, P.E., PTOE 952-466-5208 From: Meuwissen, Kim[mailto:kmeuwissen(aci.chanhassen.mn.us] Sent: Tuesday, October 21, 2014 11:28 AM To: Kate Miner; 'cbleser@rpbcwd.org' Cc: Mohn, Jerry; Fauske, Alyson; Sinclair, Jill; Jeffery, Terry; Generous, Bob; Ingvalson, Drew Subject: City of Chanhassen Agency Review Request for 610 West 96th Street Variance Request Development Plan Review Agencies: Please review the attached request and respond with your comments no later than Thursday. November 6. 2014 to: Robert Generous, Senior Planner City of Chanhassen PO Box 147 Chanhassen, MN 55317 952-227-1131 bgenerousPci.chanhassen.mn.us Replies to this email will be automatically be copied to Bob. You can view the project documents at http://www.ci.chanhassen.mn.us/2014-33. Thank you! 0 Kine Meun•issen Sr. Communications/Administrative Support Specialist 951-127-1107 kmeuwissenC-ci. chanhassen. nm. us CITY OF CHANHASSEN 7700 MARKET BOULEVARD PO BOX 147 CHANHASSEN, MN 55317 Find us on Facebook CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2014-33 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, November 18, 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 variance for accessory structures in excess of 1,000 square feet on approximately 4.5 acres of property zoned Agricultural Estate (A-2) and located at 610 West 96 lb Street. Applicant: Robert and Christin Boecker. 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/2014-33 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¢enerous(a),ci.chanhassen.mn.us Phone: 952-227-1133 (Publish in the Chanhassen Villager on November 6, 2014) SCANNED Property Card Taxpayer Information Taxpayer Name ROBERT 8 CHRISTIN E BOECKER Mailing Address 610 96TH ST W CHANHASSEN, MN 55317-8601 Property Address Address 610 96TH ST W City CHANHASSEN, MN 55317 Parcel ID Number 250253100 Parcel Information Uses Res 1 unit GIS Acres 4.28 Tax Acres 4.74 Plat Lot Block Tax Description E 155' OF W 1085' SW1A NW 1/4 EXC: P-22 MNDOT R -O -W PLAT NO 10-22 Building Information Building Style 1 STORY Finished Sq Ft 1834 Bedrooms 5 Year Built 1965 Other Garage Y Bathrooms 2.00 Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 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 $116,300.00 $125,100.00 Dale of Sale 12/15/1997 Building $266,600.00 $285,700.00 Sale Value $155,000.00 Total $382,900.00 $410,800.00 Qualified/ U Unqualified ') scla:mer. This information is to be used for reference purposes only. Carver County does not guarantee accuracy of the rratenal contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota matches 466.03. sued. 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 harmless the County from any and all claims brought by User, CIZ CARVER its employees or agents, or third parties which arse out of the users access or use of data provided. COUNTY Monday, October 20, 2014 Carver County, MN Page 1 of 1 SCANNED ANIMALS AND FOWL § 5-104 DIMION 2. STABLE PERMITS 4 'j Sec. 5-101. Required. No person shall maintain or stable horses in the city without a permit issued by the city. (Ord. No. 56, § 2, 2-17-75) Sec. 5-102. Application. Application for the permit required by this division shall be made to the city upon a form furnished by the city. A nonrefundable application fee in the amount established by resolution shall be paid to the city when the application is filed. (Ord. No. 56, §§ 2, 3, 2-17-75) Sec. 5-103. Inspection of premises. The stable inspector shall inspect the premises of those seeking a stable permit and shall approve an application that is in compliance with this chapter or disapprove applications that are not in compliance with this chapter for permits under this division. (Ord. No. 56, § 4, 2-17-75; Ord. No. 241, § 5, 7-24-95) Sec. 5-104. Conditions required for issuance. (a) A stable permit shall be issued by the city clerk upon approval by the stable inspect if the following conditions are met: 2J (1) Minimum acreage for two horses shall be 11/2 acres, and for three horses shall be tv acres, and an additional one-third acre shall be required for each additional horse. (2) No stable permit shall be issued for a lot of less than one acre. (3) Such area shall he enclosed by a sturdy wood, metal, or electrical fence which will keep the animal or animals confined within. (4) A shelter or stabling facility which will keep the animal or animals comfortable and protected from the elements and which shelter or stabling facility shall be no closer than 100 feet from any structure other than the applicant's, which is used for residential purposes. (5) The shelter or stabling facility shall be so located so as not to create a public nuisance. (6) The shelter or stabling facility shall be clean and sanitary such that it will not be a harborage for rodents, flies and insects. (7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the pollution of any public body of water. (8) Accumulations of manure shall be located at least 100 feet from any well. (9) All accumulations of manure shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to become unsightly. Supp. No. 6 NrTn�' •Gl Lf� AtA.0- Opr MINNEAPOLIS i9N 554 04 MOV 2014 PM 9 L C I +y 3F L: cLri 7 a 55P/7 7700 mARKei' Blvd Ckmnka-f;50n, R7n S5317 CITY OF C9ANAASSEN 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 A Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning b 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: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen. mn. us Staff is concerned with the overall large size of the structure. This concern originates from the possibility that large accessory structures are used in conjunction with home occupations. Home occupations are intended to be conducted out of a residence and maintain a residential appearance. When the operations are moved into an accessory structure they become a common cause of complaints by neighbors. They often create excess parking, traffic and noise. Staff is concerned that if the property would be sold in the future, it may be purchased by a person with the intentions of operating a home occupation out of the accessory structure. Staff further believes the use is inconsistent with the goals and policies of the Ccrnprehensive Plan. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 11/18/2014 11/18/2014 Expansion Recommended Motion 0 Planning Commission denies the variance request, direct the -40 applicant to demolish the "horse` shelter" expansion and adopt the attached Findings of Fact and Decision. Existing Building: Storage O - Cita (`ode and t mstiag Piopell� Section 20-904. Accessory Structures tnTiTeA2,it1t, RSF, RLM and Rq districts accesson structures shall not exceed 1,000 square feet. • The Agricultural Estate (A2) property currently has four accessory structures that have a combined area Of 12,7o6 square feet. Existing Accessory Structures O 1. In 1986, a permit was issued for the 24'x 40' garage. z. In 2000, the city issued a permit for a q8'' Te' building. 3.In 2002, the cih• issueda building permit for a 48/' x roo" steel arch storage building. ¢ Nn building permit application ran be found for the 36'x 96' :.Agricultural Building. Variance History in the Neighborhood ,:r r ,s 11/18/2014 a. 71-C)p%k 12 l� " CCcc�oa- `v 2 11/18/2014 0 000�o Architectural Building Plan A, 71vil, IIIJ Existing Building and Expansion 14"33 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Robert & Christin E. Boecker for a variance from the 1,000 square -foot accessory structure limitation to allow for a 1,848 square -foot horse shelter and a 264 square -foot day shelter on property zoned Agricultural Estate District (A2) — Planning Case 2014-33. On November 18, 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 Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: E 155' OF W 1085' SW 1/s NW 1/a EXC: P-22 MNDOT R -O -W PLAT NO 10-22 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 subject site is zoned Agricultural Estate District (A2). The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide a stable and day shelter for horses. The subject property currently has four accessory structures that have a combined area of 12,706 square feet. Upon review, it was discovered that a contracting business is associated with this location: RIB Landscaping, Inc. In addition, three other businesses are linked to the property: Boecker Properties, LLC, Cheap Thrills Motorsports and Devaan — Sellers Industries, LLC. Using accessory structures for non-agricultural uses or residential storage is not keeping in harmony with the general purpose and intent of the A2 district. SCANNED 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: Currently, the property owners have reasonable use of the subject property within the Agricultural Estate District, A2. The property has 12,706 square feet of accessory structure space available for storage. The addition of a 1,848 square -foot horse shelter and a 264 square -foot day shelter is not reasonable since there is currently sufficiently large accessory structures that can be converted for agriculture uses and storage. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for a horse stable and day shelter. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The owner currently has 12,706 square feet of accessory structure space. There are no circumstances unique to the property that preclude its agricultural use. This does not constitute a unique hardship not created by the landowner since a structures in excess of 1,000 square feet exist on the site. Were all non-agricultural uses removed from the existing structures, sufficiently large structures exist that can be used for a horse stable and day shelter. e. The variance, if granted, will not alter the essential character of the locality. Finding: There are several properties in proximity to the subject property that have accessory structures in excess of 1,000 square feet. These accessory structures were constructed prior to the 2007 ordinance amendment limiting accessory structure size and are considered to be legal nonconformities. The City also granted variances for two structures in excess of 1,000 square feet in 2012. However, this area is guided for residential low density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. 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 #2014-33, dated November 18, 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 #2014-33, a variance from the 1,000 square -foot accessory structure limitation to allow a 1,848 square -foot horse stable and 264 square -foot day shelter on property zoned Agricultural Estate District, A2." ADOPTED by the Chanhassen Planning Commission this 18' day of November, 2014. CITY OF CHANHASSEN BY: Chairman q - 3�) COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard CITY OF CHANgASSEN Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Piease review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: October 20, 2014 November 6, 2014 October 17, 2014 Contact: Contact Phone: Contact Email: Robert Generous, AICP 952-227-1131 bgenerous@ci.chanhassen.mn.us Planning Commission Date: City Council Date: 60 -Day Review Period Deadline: November 18, 2014 at 7:00 p.m. December 8, 2014 at 7:00 p.m. December 16, 2014 Application: Request for Variance for a accessory structures in excess of 1,000 square feet on approximately 4.5 acres of property zoned Agricultural Estate (A-2) and located at 610 West 96th Street. Applicant/Owner: Robert and Christin Boecker Planning Case: 2014-33 1 Web Page: www.ci.chanhassen.mn.us/2014-33 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ❑ Fire Marshal Watershed Districts: ❑ Minnetonka ® Forester ❑Carver County WMO ❑ Shorewood El Park Director El Victoria ® Water Resources ❑ Lower MN River ❑ Minnehaha Creek Adjacent Counties: ® Riley -Purgatory -Bluff Creek Carver County Agencies: ❑ Hennepin ❑ Community Development Utilities: ❑ Scott ® Engineer ❑ Environmental Services E] Cable TV - MediacoSchool Districts: E3 Historical Society ❑ Electric - Minnesota Valley E)Electric -Xcel Energy E] Eastern Carver County 112 El Parks El Soil &Water Conservation District E] Magellan Pipeline El Minnetonka 276 ❑ Natural Gas - CenterPoint Energy State Agencies: ❑ Phone - Centuryl-ink Other Agencies: ❑ Hennepin County Regional Railroad E) Health es Authority E]MN Landscape Arboretum El Historical Society nsit ❑ ❑ Natural Resources -Forestry TC&W ailroa ❑ TC&W Railroad ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation -,/;NNEC Accessory Structure Varianm Request Planning Case #2014-33 Planning Commission: November 18, 2014 City Council: D 17mber 8, 201 Applicant/Owner: V Robert & Christin E. Boecker Location: 610 West 961h Street u�tllil•�i The property owner is requestin a variance to construct a 38.5 - foot by 48 -foot horse shelter expansion (1,848 square feet) on the existing "pole barn," and an 11 -foot by 24 -foot day shelter jA 11/18/2014 Chanhassen Planning Commission — November 18, 2014 14---63 3. The exterior material for the trash enclosure must be of the same exterior material as the building. Recycling space and other solid waste collection space should be contained within the same enclosure. 4. A photometrics plan shall be prepared for the site. Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line. This does not apply to street lighting. All fixtures must be shielded. 5. Approval of the site plan is contingent upon approval of rezoning the property to Planned Unit Development. A. Rezoning 1. Adoption of the Chanhassen PUD Ordinance, which shall be created to govern the site and design standards." All voted in favor and the motion carried unanimously with a vote of 7 to 0. STRUCTURES IN EXCESS OF 1.000 SQUARE FEET ON APPROXIMATELY 4.5 BOECKER, PLANNING CASE 2014-33. Aanenson: Before he starts I did want to point out that we did receive some additional information that was handed out to all the commissioners so, the applicant may address it but otherwise if there's questions to staff we'd be happy to answer that at the end of the presentation. Aller: Great and for those watching at home I did look at the update and it's been on the website since this afternoon as well so it's there for your use and your perusal. Generous: Thank you Chairman Aller, commissioners. That was my first material we did hand out the material that was included today. It contains a petition, a letter and an alternative design for this project. I would point out that I showed our stable person the alternative design and they said that that would not work because it's, for a stable you need to have an enclosed structure so just for informational purposes. The applicant are Robert and Christin Boecker. The property is located at 610 West 96th Street. This is just north of Pioneer Trail and west of the Great Plains Boulevard, Highway 101. It's the second property on the south side of West 96th Street as you come into this development. This property is guided in the city's Comprehensive Plan for residential low density uses. That means densities of 1.2 to 4 units per acre or in suburban standards about third acre lots. Currently it's, depending on the number, 4.28 to 4.49 acres in size. The property is in the 2010 Metropolitan Urban Service Area so it could receive urban services at any time. However it is dependent on the development of the property to the northwest to serve this with additional sewer and water services. The property is zoned A2, Agricultural Estate District. hi this City's parlance that's really a holding category. It preserves rural character but it doesn't, it limits the types of uses that can be there and the minimum lot SCANNED Chanhassen Planning Commission — November 18, 2014 size is at 2 '/z acres per lot. The City's Comprehensive Plan does not anticipate preserving agricultural uses within the community in the long term. However we do support in greater Carver County the preservation of agricultural uses in western Carver County. The south half of this property is in an existing wetland. The property owner's requesting a variance to construct a 38.5 foot by 48 foot horse shelter adjacent, expansion on an existing building as well as a 11 by 24 foot day shelter to the south of the second existing building on the property. This would be a total of 14,818 square feet of accessory structures on the property. I should point out on the first page the property, the 13,818 square feet is the variance request from the 1,000 square foot accessory structure so. Section 20-904 of the City Code limits accessory structures to 1,000 square feet in the A2, RR, RSF, RLM and R-4 Districts. This ordinance was adopted in May, 2007. The City amended the accessory structures to limit the 1,000 square foot city wide so it applies to all these properties throughout the community, not to just this area. This was, an amendment was in response to contractor's purchasing these large lots with accessory structures or large lots and building accessory structures to run contracting businesses out of them and turning the accessory structures into business operations. However city code does not permit the use of accessory structures for a business use. It's for personal and private uses only. Agricultural buildings existing on property that are about 12,760 square foot of accessory buildings. Agricultural buildings and uses are limited to those uses directly related to agricultural businesses. Under State Statute agricultural buildings are designed, constructed and used to house farm implements, livestock or agricultural produce or products. They're not for any other use so if you want an Ag designation you have to meet that criteria. Additionally you have to have at least 10 acres of contiguous land use for agricultural purposes which is cultivation, raising of livestock, things, a fruit farm, things like that. And finally if you have less than 10 acres it has to be used exclusively for agricultural purposes and intensely used for agricultural purposes so it should be cultivated. And that's the only way that you're able to maintain or receive the agricultural exemption for agricultural buildings. On this property there are 4 existing accessory buildings. The first one permitted in 1986 was a 24 by 40 square foot garage next to the building. That shows up on this map as 1. Number 2 is a 48 by 72 foot building that the applicant is proposing to expand as part of this application. The third one is a 48 by 100 square foot steel arch building. That's on the south end of the property. And the fourth building is a building that was constructed and we cannot find a building permit on file for that structure. This area has had a history of properties coming in for requests to variances to the 1,000 square foot requirement. The existing property, the property immediately to the west received a variance for a 2,560 square foot accessory structure and then there's 1,800 square foot a little way down the road from that. There was a small one off of Homestead Lane approved and then there was one that was denied and then the property owner actually withdrew his request for the variance at the end of West 96' Street. Part of staff's concern with approval of this variance application is with the kind, the character of the neighborhood that would be created and maintained out here. While this property is guided for redevelopment in the future at suburban densities, the continuation of these large buildings would provide an impetus to not make that change possible or feasible in the future. The concern originates from the possibility that large accessory structures are used in conjunction with home occupations. Home occupations are intended to be conducted out of a residence and maintain a residential appearance. When the operations are moved into accessory structures they become common causes of complaints by neighbors. They often create excess parking, traffic and noise. Staff is concerned that the property would be sold in the future. It may be purchased by a person with Chanhassen Planning Commission — November 18, 2014 the intentions of operating a home occupation out of the accessory structure. Staff further believes that the use is inconsistent with the goals and policies of the Comprehensive Plan. And then basically the architecture would continue the use of the materials that are on the existing structure. Here's a picture, they did begin the building of this expansion in the future. The City issued a stop work order and told them they needed to come in through the variance process to construct that building. Here's a close up on the expansion area. And this is the existing storage building on the south end of the property. This is the quote, agricultural building that was built without a permit. Staff is recommending denial of the variance request and directing to the applicant to demolish the expansion area and adoption of the attached Findings of Fact and Decision. With that I'd be happy to answer any questions you may have. Aller: Anyone have any questions at this point? Weick: I do. Aller: Commissioner Weick. Weick: Thanks. Just a clarification on this 20-904. The accessory structure. It said they're not to exceed 1,000 square feet. Does it say anything about the number of 1,000 square foot? Generous: No, it would be cumulative so they could have four 250 square foot accessory. Weick: But not four 1,000 square foot. Generous: Correct. Weick: Okay. I just wanted that clarification. Thank you. Aller: Okay, would the, hearing no other questions. Oh, Commissioner Campion. Campion: One question... so prior to 2007 was there any requirement on the accessory structure sizes? Generous: Only, Mr. Chairman. Only as far as you could only have 20 percent site coverage and you had to meet setbacks. Campion: Okay. Aller: Any additional questions? Hearing none we'll go ahead and hear from the applicant. Welcome sir. If you could state your name and address for the record that'd be great. Robert Boecker: I am Robert Boecker. The applicant. I don't even know where to begin. This process, it just seems that it's so geared to not help the resident that you guys all represent. Myself. There's nothing we're trying to pull over. We've got a very well laid out plan for what we want to do. We think we've articulated it through there that what the structure will be used for and I guess I just the whole process of dealing with staff on this. I don't feel that in any way Chanhassen Planning Commission — November 18, 2014 the City would like to help approve or do any type of project like this because I happen to own a property that's guided differently than, I'm going to say it. There's an agenda for my property other than what I have. And when I bought the property in 1997 it was so that I could have storage structures for my classic cars. My snowmobiles. My motorcycles and to be able to have animals. All right here in Chanhassen. It's kind of the dream to be able to do that but I feel that since we're being guided differently that we're being pushed out and not allowed to do these things. Saying that what we're doing will not fit the 2030 Comprehensive Plan. How would this building existing on my property affect that plan? Bob says it because then no one would want to buy it because there's a building already there. What if I wanted to just take the structure and turn it into a house? When we canso do so. When the utilities are there. Maybe that's a use for it so then there's no reason that the building can't be there and have use in the future in the way that our land is being guided. So there's so many options that are not even talked about here. And as to the businesses, staff has never once asked me what I do for a living. Never once did you ask me that. But the report says I own a landscape company. I haven't landscaped in 8 years but yet that's what the staff says that I do for a living. Never once did we get an interview where you asked me any of the questions to any of the points that are in here and I think that's sad. And I just feel like this is all geared against us, the landowners so. One thing that the staff didn't put out was the, or talk anything about was the alternative option. Do you all have that in front of you? Because part of the issue is that they feel that they won't be able to control what the structure's used for so my wife and I talked. We changed the plan so that the building itself is totally transparent. You can see directly through the building any side that you were standing on by simply removing portions of the siding. Leaving the structure intact so does that all make sense when you look at those plans? Okay. Now you're saying that Carol Dunmore says that that then cannot be used as a stable? Is that what you said Bob? Aanenson: Mr. Chair, if you could have the applicant address the Chair and then direct the staff with the question I'd, I think that'd be helpful. Aller: Why don't we go ahead, that'd be great. Robert Boecker: So if I have a question of staff. Aller: You should address me and then we'll get it answered. Robert Boecker: Okay. Alright. Andrew. Aanenon: If you want to put this over here... Robert Boecker: Oh, okay. Oh I thought you said they were all going to get a copy. Aanenon: They do... Aller: But anybody. Robert Boecker: Okay, so I can point at it and then you can see. Chanhassen Planning Commission — November 18, 2014 Aanenson: Yeah. Robert Boecker: Okay. Alright. As we talked about you can see that here, this fagade would be Highway 101 would be right here. So without any doors on this side you can see directly into the structure. On the reverse side of that structure would be the west. This one here. By removing this whole section here you would be able to stand here, or from Highway 101 look directly through the building and know exactly what's in the building. So the use of the structure is totally transparent. That's why we're proposing this to kind of put that issue to rest. As far as putting horses in there, could I have Andrew clarify whether or not the City inspector, Carol Dunmore said that horses could not be stabled in a structure. Aller: That's what I believe was stated, is that correct? Generous: Yes. When I showed her this plan she said that the structure must be enclosed for the shelter for the horses. Robert Boecker: So inside of this structure, can the two horse stalls themselves be enclosed? Aller: If you know Bob, I don't know. Generous: I'm not sure. Aller: I wouldn't know without asking her. Robert Boecker: So as a requirement when Carol would do the inspection, part of the requirement would be that the horse stalls themselves would need to be enclosed which would not be an issue to enclose them within the structure. Aller: Although wouldn't that defeat the purpose of having it open? If you have enclosures. Robert Boecker: No because the horses will have their own structure to keep them from the elements. The biggest issue is that you want this structure, the canopy structure so that you can put your hay and your tack and all your feed in there and keep that dry. The biggest issue with staff says well you've got other buildings. Why don't you just go ahead and put the horses in the other buildings. My other buildings have classic cars in them. Classic motorcycles in them. I am not going to bring feed, hay, things that are going to bring rodents next to those cars. There's a reason I have them in there so. Just look at my notes here. At the time in the ordinance amendment it was decided that the discussions, after the discussions the request for accessory structures in excess of 1,000 square feet would be reasonable if based on a legitimate agricultural use. I believe this is a legitimate agricultural use to house our horses, hay, tack and one other thing we would also like to store in there is our horse trailer. We're planning on getting a 4 place trailer with a bunk. That's a lot of money for a trailer that I don't want sitting outside but I was informed by staff that I could not store that trailer inside of this building because it's personal property. Are my horses not personal property? Can they go in the structure? So these are the types of what I'm getting from staff when I'm trying to work through this and it's just, it's very frustrating. The overhead door sizes were in question in here. First of all they were designed 10 Chanhassen Planning Commission — November 18, 2014 that way to match the other doors so that the building was uniform. Second, I asked staff what the average height of a horse trailer was with a hay rack on top. They didn't know. My doors are 11 feet on this. They are not super tall doors but it will be 10 feet to the top of the hay rack so it will fit. Personal property. Just for the City's record I will address the hoop house. The hoop house was constructed in 2006. It's a non -permanent structure. We didn't actually realize at the time that we would need a permit for the hoop house so that's why there is no application for it. The hoop house. Complaints. Staff said that there would be, this type of property and these buildings will bring up more complaints and I was wondering if staff has an actual complaint that was directed towards my property or caused by my property in any, because of any of my buildings or anything that I have. Aller: There is none in the report right now. Let me ask Bob, are we aware of any right now? Generous: Not that I'm aware of Not for this specific property. We've had it for other properties. Aller: In general, okay. Robert Boecker: Okay. The 10 acre exemption. The other thing that I wanted, I had a supplement that I had put in there was the City's, that top one right there. If you guys have this. This is the zoning permit. You guys all have a copy of this? If you read through this, what does it take to get a zoning permit and what do you need a zoning permit for? Very last item on the list is agricultural buildings so when we looked at this to build our agricultural horse shed we assumed that we would be able to, and reading through this it makes it sound very easy to go in and we'll get a zoning permit because it's an ag building. So that's what we assumed. Nowhere on here, which I would think this would be a great place to put, that you must have 10 acres to have an agricultural building. None of us knew that as homeowners that we needed 10 acres. That we live on agricultural land but cannot own an agricultural building. I don't get that and that's really something that should have been on this page if this is where I'm going to to find out what I can and cannot do. All variance requests are automatically denied by staff. So from the fust day I went in to start working on this I was informed that no matter what, it doesn't matter what the findings are, it will be denied. Or that's what the request will be, to be denied. Once again it's, there's a frustration there that the city I live in doesn't feel like they want to help us in any way to do this other than to figure out how can we not let this happen. That's the only feeling you get and that's once again frustrating. And along those lines if I have to come in, in front of a committee that also views the same guide, guided plan for my property, how is that not a conflict of interest for that party to be able to decide what I do on my land. It's out there. It's guided. My land is guided differently than it was when I bought the land and in 2007 we know that changed. That's going to be the last issue that I'm going to bring up is that in 2007 these changes were made. How was I informed that that was going to happen? Does the council know how that happened? Aller: I'm sure there were noticed hearings. 11 Chanhassen Planning Commission — November 18, 2014 Robert Boecker: There was a public notice in the Chan Villager to tell us about it. Does everybody agree that is the best way to contact? How many homeowners are there that are affected by this? Are there 500? 100? Just a guess. Let's just throw a guess out there. Aanenson: Well it'd be pretty much the whole southern part of the city. It's every, anything that's zoned residential. This applies to anybody that has residentially zoned property so it's, which we have almost 9,000 homes in the city. Those are ones that have properties on them so it's the entire city that is residentially guided. Robert Boecker: And something like this that affects, we all agree this affects the value of our property immensely. The 2007 decision affects our property value immensely. Do we agree on that? Aller: I don't have enough facts to say I agree or not. Robert Boecker: Well, I'm going to put it out there that it affects us immensely and if we're not people that read the Chan Villager then we miss something that obviously affects a lot of us and I would venture to say if we sent out that, if we did do a mailer that in 2007 and put it out to vote, that should be changed. Should it stay as what it was voted on in 2007 or should it go back to what it was? I'm going to guess I'm going to know what that vote will come back as because people, it's getting to the point where the, we're all being cookie cuttered and you can't look at every single property the same and that's basically what's being done here and so that's why we're up here. We're asking, look at our property. It is special. We are bordered by wetlands on both sides. The only way our property is going to change when the sewer and water come in, is if a developer comes in and buys us all out and grazes us all and the chances of that happening, that's not actually for the City to decide. That's the market. The market's going to decide because if it's there. If it's worth it then it will happen but otherwise us having an addition like this is not going to change that at all. And like I said if I wanted to decide to develop it, I'll just take this structure and turn it into a home and there should be no issue with that. So with that, do you have any questions? Aller: I do. Robert Boecker: Yep. Aller: I mean you said you read this thing about agricultural buildings and the zoning permits. Why didn't you go in and get a permit? Robert Boecker: Why didn't I go in and talk to them about a zoning permit? Aller: Any permit. Robert Boecker: Our plan was to go in and talk to them about it but we had already started the process of trying to get all the numbers together of what this was going to mean for us to do this project and we had a window to get in. We took it and we thought this would be no big deal and it's obviously a big deal. 12 Chanhassen Planning Commission — November 18, 2014 Aller: Okay. And then you said nobody asked you. I'll ask you, what do you do for a living? Robert Boecker: I am actually a reclaimed wood broker. I buy reclaimed lumber. Salvaged lumber and I ship it all over the United States and I resale so I'm basically a wholesaler. Aller: Is it your intention to store that lumber on this property? Robert Boecker: No. We ship directly from our site. Wherever I source it at, we pay another company to do the actual removal. It gets prepped and then it gets shipped to the site. So I do have an in-home office that I work out of and that's where I do all my business. Aller: And then these other businesses, Boecker Properties, LLC. Robert Boecker: That is, when my wife used to be in mortgages and we owned multiple investment properties and we put all our investment properties under our LLC so that LLC is actually still sitting there. When the market tanked we sold those properties but it's sitting there in case we ever decide to jump back. Back into that. Aller: And then Devaan-Sellers. Robert Boecker: Devaan-Sellers and. Aller: And Cheap Thrills. Robert Boecker: Cheap Thrills is I collect motorcycles. I have multiple motorcycles and I have two friends that actually have motorcycles and equipment at my house and we actually set those up so that we could purchase parts because we can't just go in and get special pricing. So they're basically shell companies set up so that we can get the pricing that we want on the parts. Aller: So you're buying and selling parts out of your residence? Robert Boecker: No, we restore bikes. So but that's not to say that parts don't get sold. When I restore a bike I'll sell it, everything off of it that I don't re -use so whether, if you look at that as a business that I'm doing that for business purposes. It's the same as if I'm working on truck. Take a fender off. Put a new one on and put that fender on Craig's List. Am I running a business? So. Aller: I would think so. Robert Boecker: If I sell an old fender off of a truck that I fixed and I put it on Craig's List and sold it? Aller: It depends on how many you're selling. Robert Boecker: I'm doing that one truck so it's. 13 Chanhassen Planning Commission — November 18, 2014 Aller: Okay, so for that one part you're incorporating? I mean that's what I'm having a hard time. Robert Boecker: No, no, no, no, no. Aller: Is that the Secretary of State lists these as working LLC's at your residence. Robert Boecker: As LLC's. Correct and you need. Aller: With the place of business listed as your residence and with a manager by the name of Eric Devaan. Robert Boecker: Yes, who is my friend who races and the whole, what I just said was that in order to purchase parts at wholesale prices you need that entity set up. Otherwise they will not set you up. Those are set up for that reason so that we can purchase those parts. Aller: And the bikes that the parts go on are in your shed. Robert Boecker: A collection and raced, yes. Aller: Okay. Robert Boecker: And crashed and replaced again. Aller: Alright. Any other questions from anyone else at this point? Undestad: Just one here. Aller: Sure. Undestad: Yeah, the four buildings, the out buildings you have, two of them are. Robert Boecker: The first building that they talked about, we don't have a garage attached to our house so the first one is a detached, three car garage so as far as I'm concerned that's all, that's our everyday driver cars. Undestad: So that's number 1 up there? Robert Boecker: Yeah. Yeah, so that'd be number 1. Undestad: Okay. RobertBoecker: Yep. Well we're doing the numbers so if you put up the other one with the numbers that will be, there. So the number 1. 14 Chanhassen Planning Commission—November 18, 2014 Undestad: Is your garage. Robert Boecker: That's our regular garage and we park our cars in every day. Number 2 is the one that we are proposing to add onto and that's where you saw the pictures of the bigger doors and the alone door is where I work on whatever equipment breaks down. Whatever I'm working on at the time. The other bay next to it is where I store all motorcycles. Everything that has to do with that is in that spot. The hoop house has my unrestored cars. Unrestored snowmobiles. No. That's the hoop house. That's all the unrestored items that and extra stuff that I may need because if that, you know if it collapses or whatever. And then the next structure, if Bob goes to that, that's where my nice products are. My nice cars and my motor coach too. Undestad: So you don't use any of these for agricultural right now? Four buildings. Robert Boecker: No. No, I can't grow on my land. I can't do anything like that so, and when they were permitted they were permitted for personal storage. Not as agricultural buildings. This is the only one that we've applied for as an agricultural building. Undestad: Okay. Robert Boecker: Anything else? Aller: Questions? Hokkanen: Can you clarify the 10 acres zoning? What was that? Aanenson: That's for agricultural purposes. That's the farming component. I mean you can have a horse stable on less than that. Hokkanen: That's what I thought. Aanenson: So we do allow certain animals to be housed so for 10 acres would be if you had something more, if you wanted sheep or something like that but to have a horse stable you can have less than the 10 acres. Hokkanen: That's what I thought. Robert Boecker: I had just one more thing then. Along with Mark asking about the different sheds. Let's just take the property right next door tome. Riegert who did get a variance approved. Let's say I bought their house. It does have an attached two car garage and I decide I want to have horses. So I put up a 1,000 square foot structure. No big deal. That all goes through. Now my wife and I and my 2 kids are into snowmobiling. We all go out and buy brand new sleds. Put them on our four place trailer. I cannot build a building to put that in. I cannot put them in my horse structure. My horses. My horse trailer. My feed is taking up that 1,000 square feet so I would live on 5 acres where I can have those 2 horses but I can't have anywhere to put anything, if I have any type of hobby, there's nowhere for those items to go. Where does staff suggest I put those? 15 Chanhassen Planning Commission — November 18, 2014 Undestad: Can't that be in an attached though? Right I mean you can. Aanenson: Absolutely, if it's attached to the principle structure then it's not considered an accessory structure. Some people do have 5 car garages that are attached... Robert Boecker: Well we're looking at the property right next door to me with, we're only 155 feet wide. There would be no room to add that on. That wouldn't work. So if I attach this structure instead of to the pole barn, if I attach it to my house, this would have been acceptable? Aller: What are the setbacks? Generous: If it's not an accessory structure, if it's part of the principle structure. And then the setbacks are 50 feet on the front... Robert Boecker: That's interesting. Obviously I'm not going to put horses attached to my house but. Aanenson: And I'm not sure what the building code would be on that then too. I'm assuming it would be different standards for construction if it's attached to the principle structure. Robert Boecker: But do you see how this is, obviously we're unique. Our area is unique. It should be treated unique. It shouldn't just be cookie cutter 1,000 square feet so. Any other questions? Aller: No. Thank you. Robert Boecker: Thank you. Aller: At this time I'll open the public hearing portion of the meeting. Anyone wishing to come forward speaking for or against this item can do so at this time. No one wishing to come forward? No one coming forward, we're going to close the public hearing portion. Oh. Sir come on up. State your name and address for the record. Greg Falkner: Greg Falkner, 720 West 961h Street. Right down the road from the Boeckers. Aller: Welcome Mr. Falkner. Greg Falkner: Yes. I have been here before you. You may remember my case and you know it is frustrating and stuff and I see where Bob's going with this. I would like to say one thing and that is, a lot of have been here before 2007 and these rules didn't apply at that time so it's really hard for us to swallow it now and if you just understand that, it is different. I mean if I had known what I know now back then I may have made some different choices but you know we're dealing with the 2007 as much as we can. I'd like to say we are grandfathered in but clearly we're not but I mean we did have different opinions of our property until this 2007 so you know I understand where you're coming and I understand where Bob's coming but if you guys could 16 Chanhassen Planning Commission—November 18, 2014 just give that a little bit of thought you know because it is real unique property. When I found it in '96, I mean I was ecstatic and I'm still ecstatic about it. I love it. It's a way of life for us you know and I treat it well and everybody else on the street does too and we all get along very well and I don't think that anybody has really made too many complaints in our neighborhood against anybody in the neighborhood because I've never heard of anything and it is a dead end street but you know I just don't know if what Bob's proposing is really going to make a difference at this point. If it is going to be turned into something different in the future where somebody buys us all out, which would be extremely difficult since I mean I just built my house 4 years ago. I have a hard time believing that somebody's going to come in and give me what I want for it at this point so. And there is swamp on both sides. There is swamp. They're going to have to deal with swamp because that is what's on both sides of the street so thank you. Aller: Thank you sir. Anyone else wishing to speak either for or against the item? Seeing no one come forward, close the public hearing. I'll open it for commissioner comments. Discussion. Aanenson: Chair can I just add one thing. Aller: Yes. Aanenson: This isn't Bob's position paper. Bob wrote the staff report. This is the staff's recommendation so as a planning Community Development Director, I read this. The City Manager reads the staff report so this is coming up through the staff's recommendation. Aller: I think we all understand that. Aanenson: Okay. Aller: Thank you for pointing that out though for the public because they may not have realized it at this point so with that we'll open it up for discussion. Comments. My first blush reaction quite frankly was he didn't ask for permission. He didn't ask for a permit. Take it down. I think he made some valid arguments. I think the community is interested in knowing where it goes so I'd like to hear some discussion on those other factors to determine whether or not a variance would be appropriate under these circumstances. Weick: When in doubt I tend to, and I am in doubt, but I do tend to go to the Findings of Fact as a guide and to see are there any conditions of the variance that are met or are not met and they, the Findings of Fact list 6 of those one doesn't apply. One is met and in my opinion four are not under this, even with all the considerations and everything we've heard today and so that, I mean that tends to guide my thinking when there's 4 of 6 that are not, that don't appear in my opinion to be met for a variance. Aller: Any other comments? Hokkanen: I do want to point out, these are very unique properties and I do feel, I understand their frustration. I understand the whole 2007 change. I wasn't here at that time so I can't 17 Chanhassen Planning Commission — November 18, 2014 comment on that but if you purchase your home or your property with certain expectations you think that's going to go through for the whole time that you own your property no matter what that case may be so I understand that frustration on that part. How it applies in this particular situation I kind of agree we're missing some components here. Just my but I do understand their frustration and it is a very unique area. Aller: I agree. Hokkanen: Of the city. I mean it's, that's part of what makes Chanhassen a great place to live. Aller: And this isn't the first one in this area that we've had to deal with. Hokkanen: No. No. Aller: Just on a much smaller scale where people were looking just to expand by a couple hundred feet here and there. Hokkanen: Right. Aller: And to expand an already existing use as opposed to creating a new use. Hokkanen: I agree with that, yeah. Aller: Any additional comments? Questions. Concerns. Undestad: Yeah I don't know. I'm kind of in the same boat is how do you pick and choose? You know I mean yeah, it's tough because again it's, if you've got acreage you want to do that kind of stuff but you know, I don't know how we can pluck one out here and say yes and one here and say no and you know at what point does, and again we talked about this before. Getting all these buildings going up at the same time so, you know and I think that if we had somebody here that didn't have any buildings on there and everybody else did, well then we look at the one in there. Four buildings, he's got a lot of square footage on there and none of them are for agricultural right now but I guess I'd have to agree with the Findings of Fact on this too. Campion: I had one question. That building number 4. The one where we, there wasn't a history of the permit. When was that built? Robert Boecker: 2006. And it does meet setbacks. Aller: Further? Yusuf. I just have one question. Aller: Sure. 18 Chanhassen Planning Commission — November 18, 2014 Yusuf: We understand your hardship and the situation that you're faced with. I'm just wondering whether staff has made any recommendations or alternate proposals that might help to fit the need or is there a way to maximize the use of the existing structure so you could accomplish your goal without the add on? Generous: Commissioner. No, we didn't recommend any alternatives if you will. We did ask if he could use the existing structures for his stable. Yusuf: And the response was? Generous: Was no, he wanted to keep it separate with the hay and other critters possibly getting into it and so he has a separate unit if you will for that operation. Aller: Which is I think what his testimony was and I think it's a very understandable one. If you're rebuilding and creating things then you don't necessarily want mice and other things going into your component so I think the big question is, does it meet the requirements of the variance and does it fulfill any of the exemptions for purposes of agricultural use. Tennyson: It doesn't meet the requirements of a variance in general. That's the problem. Robert Boecker: Could you read those out? Tennyson: I'm referring to the same, same information that Commissioner Weick was talking about. The six things in the Findings of Fact starting on page 1 of Findings of Fact and going (a) through (f). Those are the legal requirements. Trying to find a Finding that meets those legal requirements of a variance including practical difficulties which is sometimes called a hardship. And the one that didn't apply was related to earth sheltered construction. These Findings are what we need to go to when we try to look at a variance. Does it meet the requirements of the variance because a variance is a really unique thing itself. Even though the property is unique, so is a variance and that's the problem for us. Robert Boecker: Can I just, I guess I'd have to say the uniqueness as we talk to the property I believe also makes it that much tougher for Findings to support you know doing what we're looking to do in our area. I don't want to be on your side either. Trying to figure out a why. As residents purchasing in 1997, purchased under a certain assumption that this is where I'm going to grow up. This is probably where I'll retire and when I sell this house I'm probably going to Florida and that's changed now and really I had no way to not let, it happened. 2007 happened. Even if you had mailed each one of us, I don't know for sure you know what the outcome. I guess none of us would have known but I think it's to the point now where too many things. As you say there's more and more of this coming up and this happening where it should be pointing out that you know, this is actually a problem. What was done in 2007, maybe we shouldn't have cookie cuttered everything and just treat, and just say everything has to match this because we are Chanhassen. We are unique and there's a reason that we want to keep and have all these areas. I believe having us looking the same in 2030 and our neighborhood look the way it does now, the way we keep it would be great. But I don't think staff agrees. 19 Chanhassen Planning Commission — November 18, 2014 Aller: Any additional comments? Undestad: Well I mean just to comment on that. You know I think part of the, when we go through rezoning and then we look at these comp plans and things like that. Now as the city grows it does change and it does need to have changes made and the only way that we can put those out is in the newspaper. Public notifications and things and that's when we need everybody to come back in and say, wait a minute. I'm not sure I like that. If everybody, if they don't read the paper they don't get the notice. Maybe the neighbors don't tell them but it's really our only way of getting that out there. And that's why we do the publications so changes have to be made. We send them out and you know when we adjust a zoning it gets adjusted and that's what we've got to live with for a while here so. Aller: Anything further? I'll entertain a motion. Weick: I will. Aller: Commissioner Weick. Weick: The Planning Commission denies the variance request. Direct the applicant to demolish the horse shelter, quote unquote, expansion and adopt the attached Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Tennyson: I'll second. Aller: I have a motion and a second. Any further discussion? Weick moved, Tennyson seconded that the Chanhassen Planning Commission acting as the Board of Appeals and Adjustments denies the accessory structure variance request, directs the demolition of the "horse shelter" expansion and adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Aller: Moving on to item 3. We have a request. Aanenson: Mr. Chair, if I may. Just for clarification for the applicant or anybody else following. Anybody can appeal this decision. Aller: Yes, that's correct. Aanenson: Within 4 days. Aller: Within 4 days in writing. Aanenson: And if it is appealed it would be set for the December 8°i City Council meeting. 20 Chanhassen Planning Commission — November 18, 2014 Aller: December 8, 2014. Aanenson: Correct. Aller: Okay, so now we're moving onto item number 3. PUBLIC HEARING: MEDICAL ARTS BUILDINGS SIGNAGE: REOUEST FOR SIGN PLAN AMENDMENT ON .90 ACRES OF PROPERTY ZONED CENTRAL BUSINESS DISTRICT (CBD) AND LOCATED AT 470 AND 480 WEST 78TH STREET. APPLICANT: JONATHAN ADAM, SILVERSTONE REALTY & DEVELOPMENT, LLC. OWNER: KEN TALLE, CHANHASSEN MEDICAL ARTS, LP/CHANHASSEN MEDICAL ARTS II. LLC. PLANNING CASE 2014-34: Al -Jaffa Chairman Aller, members of the Planning Commission. The subject site is located at the northwest comer of the intersection of Great Plains Boulevard and West 78b Street. Brief background on the buildings that we have out there. In 1989 the City Council approved the preliminary plat and site plan application for the Medical Arts Building. It was approved in two phases. Phases 1 and 2 and Phase 1 was completed in 1990. And Phase 2 in '92. Part of the site plan approval for those two buildings was a sign plan for the overall site. The City wanted to ensure that there was a detailed plan in place. This is, this was a fairly large building for Chanhassen at the time and they just needed to ensure that things didn't get out of hand and signs weren't all over the building. The one thing that we need to point out is at the time when those buildings were built the main occupant was Ridgeview Medical and there were a couple of other large users within the building. The developer at the time requested that the sign band facing 78'" as well as the parking lot be limited in how many signs it would include. Since then Ridgeview, as you know built their own building and moved to the corner of Highway 5 and Powers Boulevard. This building, these spaces started to get occupied by smaller businesses but quite a few more within the building and we're often faced with a request to put up a sign along the building and within the sign band. Unfortunately when we look at the criteria that was approved for the Medical Arts Building, our answer always has to be no. And we got to a point where we picked up the phone and contacted the management company and said please request an amendment to this criteria. This is not something that you find anywhere else in the city. All of the buildings usually you will see a sign band and this is where you will have your signage so what staff is recommending is we remove the limit on the number of signs. One of them is currently the Phase 1 building is limited to 10 signs. Five on each side and the second one is limited to 14, 7 on each side. Instead what we have is a sign band that is limited to 2 feet 2 inches and it doesn't matter how many signs you can fit within that band as long as it meets the criteria set in the, in this application then that's fine. And just on another topic, I did do the math for the overall area of the &;ade of the building and the percentage that will be occupied by signage and it is way below what is permitted by ordinance so with that staff is recommending that we remove the language limiting the number of signs on each face. Everything else within that development will remain as is. And I'll be happy to answer any questions. Aller: How many tenants are we expecting to be in the facility? 21 RTB Land Services Bob Boecker To: kaanenson@ci.chanhassen.mn.us Subject: Appeal Kate, Robert, Drew, 952-445-8486 p.1 We would like to appeal the Planning Commission decision regarding our variance request, case 2014-33. Please schedule this appeal to appear in front of the City Council on February 23n°. Please reply to this e-mail to confirm we are scheduled. Robert & Christin Boecker 610 West 96"' Street Chanhassen, MN 55317 11/24/2014 A-pDITIC t4 I Survey for: CD Cn 00 B 130ECKER w co 130 s � a N �r o � cc avi Q f �\ _ZF V J_ 00 :�_ --N DED : 4L DEP 3 i DA E: - d1 6Y: 04 DE DE I N D TE: .oc o, C 1 O K L J I I Q 1 I L_\ C J c o M I 33 33 ri z N ��o.o w V 4 \ Q) 0)%GARAG1c" m \ i I SO'19'09 "E 2'Ash - 1309.33 4, a1 ;:< .:. v:, .:. _ ° .:..: �.�.• _._ I6"Pine _ _ . - - --, 1'2" 701.30 1- ........... ' � its •.. Inv 886.91 r• .QO W ,: ,,:... Inv. - 126a. AS 88 ® ox oxelder W ° ::"� _ _ _ I4 Pne 884. B8J 8 x _ 887.54 Lo Qh-_ u � '" 5.9x Ix x elde80.� ;- �2" -h of 8 B 2 ,::',��. ry •1;iN, I 85. ig - 8i .6 88r.3 rider �� $ ^' 0 pC3 __; :.,E. a„ GRAVELRIVE 4"Mo le FEN( 7 x N _.,.^ .,<a. ___�;�_____"1• ______________ �pp9._-__ P 1 ! ih hI 1 o N p a1 `SII 4. LO x 3 xM%- .. x < v E PROPOSF.�S 'r m 3 � Inv. 886.95 8E i Inv. 8.19 " I 1 i® 886./ix x884.3 ' W �I ^ L N O :n .: <:..i. � �� 8 7 O N L ~ ':s': ! -" .:.. 12"Basswood . �J10 L F4O6 883.9 880.6 y /� .�. a4 ^ ' •` ON '; 6"Birch Clump 891.3 8913 12.0 -parch 89._rr E /\A 1' N `J j aLl Concrete to '- 6' Prep wd ss be removed e 6_ r p W: d@ j 12'.%sh PRt)t�osEb 14'Ook B i 111 12'Ash uj x�."'1"-' 891.2 -'-'Grade Swale to rovide �y In 884.4 B^ 4"Maple 14 Ap01e'. tQ 2 P 7 x S 1 78.9\ ¢ adrains a to existin culvert . a) ZJ'"e91a = vn 9 g 903.9 ` O 1' ^� ca x hw a oddltlan o }� 0> ' I TO�RL PAS7!3f' riCRc3> a l N <-i e I io 31` q (Ful! basement) �a5 I� 0. o x 885.0 884.28799789 ' 3 W NI �. >' '�?" --- oncrete to be removed Z y' __ f we land `o I I ' `oba,Bg25 g97. HORSE EXISTING i I %C Edge o t d delineated Z T � ? L.L j 12"Crabapple 1-1 � mo by Aquatic EcoSolutions, Inc. zCO z o 1 ' - 896.4 = SHE:LT6R POLE BARN I 1 Z = `1- Maple wGARAGE� Fuaq EJ. x W i 7 A �� so. I ' 878.9 . ' r\ "8918 16 Crabapple hx x �� 72F 903.7 ....1261.46 -'-- ¢ - X x x X\ - cµ Q ` ` c _ •.ja-Pine 24'Ash 18"As I CY.b 903. Ih _ - 5- _ - - - - - e - '•! 885.1 863.2 879.7\ 1310 59 1_ , 10.00^ 701.81 c0 _ S0419'09"E BBB.o BB5.1 y 8"Crabapple ;.� x S ___ '•gym �% , • =� SHED BB'B6 W ✓rGARAGLI I 33 33 �p+E L X� O/7tzD !f'f1-4Fle14 v d 'S,'4 -e Gc BT l'lhj0 0 0 0 INSTALL TYPE EROSION CONTROL -FENCING AS SHOWN ON THE PLAN AND01 CERTIFICATE OF SURVEY PRIOR TO EXCAVATION AND MAINTAIN UNTIL tOT 15 FULLY VEGETATED; DURING WINTER CONSTRUCTION STAKED HAY BALES MAY ...........West line of the Southwest Quarter of the Northwest BE USED IN LIEU OF FENCING Quarter of Section 25, Township 116, Range 23 0 25 50 100 150 Scale in Feet Area including road = 203,044 square feet (4.65 acres) Area excluding road = 195,474 square feet (4.49 acres) • Denotes Iron Monument Found o Denotes Iron Monument Set 960.1. Denotes Existing Elevation so. . Denotes Proposed Elevation f Denotes Proposed Surface Drainage RECEIVED SEP 2 4 2014 CHANHASSEN INSPECTIONS LA140 soRE70R 13295 Alvin R. Rehder, Land Surveyor Minnesota License No. 13295 Revised August 20, 2002 Revised August 30, 2002 - located delineated wet land and moved proposed building 11.66 feet to the north Revised September 30, 2002 - moved proposed building 75 feet from wetland Revised April 14th, 2004 - Show proposed house improvements and elevations Rehder and Associates, Inc. CIVIL ENGINEERS AND LAND SURVEYORS 3440 Federal Drive • Suite 240 -Eagan. Minnesota -Phone (651) 452-5051 JOB; 024-1665,010 FILE: 02-147 SCANNED Southwest corner of the Southwest Quarter of --------- the Northwest Quarter of Section 25, Township 116, Range 23 (Carver County Cast Iron Monument) Benchmark: Elevation = 887.63 feet PROPERTY DESCRIPTION First Floor elevation of existing house = 894.24 feet The East one hundred fifty-five (155) feet of the West one thousand eighty-five (1085) feet, as measured along the North and south lines thereof, of the Basement floor elevation of existing house = 886.49 feet Southwest Quarter of the Northwest Quarter of Section 25, Township 116, Range 23, Carver County, Minnesota. Proposed first floor of new addition = 894.24 feet Proposed basement floor of new addition = 885.16 feet I hereby certify that this survey was prepared by me or under my direction and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 30th day of July, 2002. R R��'�� RENDER &ASSOCIATES, INC. v RECEIVED SEP 2 4 2014 CHANHASSEN INSPECTIONS LA140 soRE70R 13295 Alvin R. Rehder, Land Surveyor Minnesota License No. 13295 Revised August 20, 2002 Revised August 30, 2002 - located delineated wet land and moved proposed building 11.66 feet to the north Revised September 30, 2002 - moved proposed building 75 feet from wetland Revised April 14th, 2004 - Show proposed house improvements and elevations Rehder and Associates, Inc. CIVIL ENGINEERS AND LAND SURVEYORS 3440 Federal Drive • Suite 240 -Eagan. Minnesota -Phone (651) 452-5051 JOB; 024-1665,010 FILE: 02-147 SCANNED i+ Tom) Generous, Bob From: Bob Boecker [bob@boeckerbiz.com] Sent: Monday, November 24, 2014 8:30 PM To: Generous, Bob Subject: RE: Appeal Yes, we are willing to Waive the city's review period until February 23rd, 2015. From: Generous, Bob[mailto:bgenerous(aci,chanhassen.mn.us] Sent: Monday, November 24, 2014 2:17 PM To: bobCa@boeckerbiz.com Cc: Aanenson, Kate; Ingvalson, Drew Subject: FW: Appeal Robert, Could you also waive the City's review period to the February 23, 2015 City Council meeting? Otherwise, we need to make a final decision by December 16, 2014. Thank you. Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1131 beenerous@ci.chanhassen mn us Chanhassen is a Community for Life— Providing for Today and Planning for Tomorrow From: Aanenson, Kate Sent: Monday, November 24, 2014 2:11 PM To: Generous, Bob Subject: FW: Appeal From: Bob Boecker [mailto:bob@boeckerbiz.coml Sent: Monday, November 24, 2014 12:30 PM To: Aanenson, Kate Subject: Appeal Kate, Robert, Drew, We would like to appeal the Planning Commission decision regarding our variance request, case 2014-33. Please schedule this appeal to appear in front of the City Council on February 23`d. Please reply to this e-mail to confirm we are scheduled. SCANNEh Robert & Christin Boecker 610 West 96`h Street Chanhassen, MN 55317 11/24/2014 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2014-33 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, November 18, 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 variance for accessory structures in excess of 1,000 square feet on approximately 4.5 acres of property zoned Agricultural Estate (A-2) and located at 610 West 96th Street. Applicant: Robert and Christin Boecker. A plan showing the location of the proposal is available for public review on the City's web site at wwwci.chanhassen. mn.us/2014-33 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, AIC$ Senior Planner Email: bgenerous@ ci.chanhassen.mn.us Phone: 952-227-1133 (Published in the Chanhassen Pillager on Thursday, November 6,2014: No. 4040) IL{- Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swoon, 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 331 A.02, 331 A.07, and other applicable laws, as amended. / (B) The printed public notice that is attached to this Affidavit and identified as No. % Q L/ �1 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghllklmoopq vwxyz By: Laurie A. Hartmaan Subscribed and sworn before me on this- tday of 'ns2014 [G:fFfJJl 0UtiD�:SE� 3 e 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 BCANNEC COMPLETE TRANSPARENCY OF USAGE - ALTERNATIVE OPTION. As a last resort to avoid the removal of the existing structure. The owner proposes the following option that addresses the concerns of City Staff. Alter the exterior finish of the structure so that it is not an enclosed structure. Remove all doors windows and a portion of siding from the North and West elevations. The building then becomes an open air canopy space. This would provide complete transparency as to the use of the structure. At any point the city could simply drive by and see how the building is being used. This option still allows for two horse stalls and would eliminate the need for the proposed day shelter. The building would still function to store hay and feed. A horse trailer could still be stored protected from the elements. The structure would also be inspected yearly by the city, as a stable permit is needed each year. This option would not be our first choice, but is acceptable to us as a compromise between parties. N C:P�i " I hereby caQfy that this plan, spas -Wct or n'Qwt — prcpamd -T_ by me m undermy ducct " ion aad thX I am a duly Licmccd Prof, iooal Faker the w of the swc of Minnesota Jared K Larson Reg No. 15847 cin F CENHA Er. NOV 18 2014 CHANHAAtN?'NNING DF r' W EAST cpm rr 4pFwAL1 E P,S © All drawings and content copyright RAM Bulldings Inc. Call RAM Buildings Inc. to obtain copies of this plan. Unauthorized reproduction of these plans Is a violation of federal law. Kristen, When you stopped by asking for signatures for your shed addition it brought up some memories. Even though I didn't sign your petition, I wanted you to know that I support your project. I just didn't want our names on the petition for two reasons My husband and I have gone through the variance process with the city. We too were denied approval by the city, but were lucky enough to have the planning commission approve our variance. I really empathized with you for what you have already been through and what you still have ahead of you. I also wanted to tell you about a situation that happened to me. We were required to do a site inspection for the city to complete their report. My husband was out of town so I had to meet with them. I met with Robert Generous of the planning department. At first the inspection seemed fine, but then it took a new tone. He looked at me and said, "You know, there are other ways to get this approved". I felt very uncomfortable and asked him to leave. I never told my husband about this and I did not attend the planning commission meeting either. The second reason is that we are planning another project that will require a variance and I do not want our names included. I just wanted you to be aware of what happened to me, but again I would like to remain anonymous. Sincerely, Your neighbor CITYOFCHANHASSEV RECEIVED NOV 18 2014 CHANHAMIRANNINODEPT Chanhassen, MN - Official Website - Zoning Permits Page I of 1 Engage your community - comecl to news, events and information you rare about View moue iMwmation sign m Ar Mrr JS civis {hila rr RECkeEgnuf 1 s FAJ! M2i UEP'Wrm:1 M; ' y H=am C"_t Fr ---P search Chanhassen Sign Permits Temporary St"', Special Event Permi s Zoning Permits Chanhassen: Home I Cepartments I Pbnming 5 Zoning I Pa edge I 2mlo¢Pemut Zoning Permits A Zoning Permit is required for the construction of structures that do not require building permits. The purpose of such a review is to ensure the improvement meets standard zoning requirements such as setbacks, hard surface coverage, structure height, etc. Structures Requiring a Zonirq permit • Sport & tennis courts • Patios & sidewalks • One-story, detached accessory structures used as tool or storage sheds, playhouses, and similar uses, not to exceed 120 square feet in building area • Retaining walls less than four (4) feet in height. • Docks • Agricultural buildings NOTE: An inspection may be required to verify zoning compliance. A minimal fee will be required for Inspections, if necessary. Application Procedure Contact City Hall at (952) 227-1100 and ask to be directed to the appropriate staff member regarding your project. In some cases it may be necessary to meet with city staff in order to receive a thorough review. By submitting a survey and building plans, and simply speaking one - on -ane with staff, it K possible to complete a Zoning Permit in a short time frame, usually within a matter of days. Any zoning permit application that fails to meet zoning ordinance requirements will be denied. Once a Zoning Permit K complete AND approved, the documents will be placed in the property's building file. This will stand as proof that the property owner has done their due diligence by ensuring the improvement project complies with Chanhassen City Code. U _-- Name: City of Chanhassen Address: 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 lithsaw, (952) 227-1100 Far. (952) 227-1110 VIestAll 6 CITY OFCHANHAS3EN RECEIVED NOV '18 2014 CHWAMRANNINGDEPT http://www.ci.chanhassen.mn.us/index.aspx?nid=197 9/3/2014 By completing a Zoning Permit, you are protecting your interests as a property owner. • • Informational Brochure Zoning Permit Application Form CITYOF Cn, orchannassbl: 7700 Market Blvd, I P.O 6ax ia7 1 Ch.riessen, MN 55317 1 (952) 217-1100 ( SEN Home Conlatt Us Site Map Copyrght Aoxssibiliw Agendas 9 Minutes Apps Stan Only wetimMter Pewerad by CNKPOrs CITY OFCHANHAS3EN RECEIVED NOV '18 2014 CHWAMRANNINGDEPT http://www.ci.chanhassen.mn.us/index.aspx?nid=197 9/3/2014 PETITION TO APPROVE 610 W 9C' ST VARIANCE (CASE # 2014-33) I, the undersigned, do hereby state that I am a resident of Chanhassen and live within the surrounding neighborhood of 610 West 96`" Street. I do hereby petition to approve the Variance Request for an accessory structure in excess of 1,000 square feet on approximately 4.5 acres of property zoned Agricultural Estate (A-2) and located at 610 West 96`h Street. Applicant/Owner: Christin and Robert Boecker - Case # 2014-33 Date Name Address Signature �(erri Nuc'hdye I�►r�eule�C} AAA G�� L l/LIIO lC �� C r/ ��tr�G44 -%J/ W 76 /-� J3 41111Y 1 c/1. 72, plIG1c, "'1� }��L'O11r! -7,,2D L) Aklele H - oO mv% Comer r1�;Lo wle f�- Le51 111�1i�f TGtHIc� S-�eex -fol ,J R4-fv�' St &a..-& }� ( ✓, state that I am a resident of Chanhassen and reside at 610 West 96"' Street. Each of the individuals whose names are subscribed to this petition sheet, subscribed the same in my presence on the dates indicated and identified himself or herself to be the individual who signed this sheet. I understand that this statement will be acceptiO4 J@Was the equivalent of an affidavit and, if it contains a material false statement, shall subject me to the same penalties as if I ha n duly s orn. /7 . Date: I NOV 18 2014 Signature of witness: CHWAMPft^NODFPT PETITION TO APPROVE 610 W 96TH ST VARIANCE (CASE # 2014-33) 1, the undersigned, do hereby state that I am a resident of Chanhassen and live within the surrounding neighborhood of 610 West 96`h Street. I do hereby petition to approve the Variance Request for an accessory structure in excess of 1,000 square feet on approximately 4.5 acres of property zoned Agricultural Estate (A-2) and located at 610 West 96`h Street. Applicant/Owner: Christin and Robert Boecker - Case # 2014-33 Date Name Address Signature :l/�7 y y /3e� d2iclL -73/ W `�6 S�- "� , /6 Oa/ CITY OKHANHASSEN NOV 18 2014 C AMAMINANNINODEPT I, 1 N V- lSt- 1 Zt5liliw , state that I am a resident of Chanhassen and reside at 610 West 96`h Street. Each of the individuals whose names are subscribed to this petition sheet, subscribed the same in my presence on the dates indicated and identified himself or herself to be the individual who signed this sheet. I understand that this statement will be accepted for all purposes as the equivalent of an affidavit and, if it contains a material false statement, shall subject me to the same penalties as if I hadbeen duly swo n. Date: Signature of Witness: Planning Commission 610 West 9& Street Variance — Planning Case 2014-33 November 18, 2014 Y� ` Page 2 of 5 APPLICABLE REGULATIONS Chapter 20, Article II, Division 3, Variances Chapter 20, Article IX, "A-2" Agricultural Estate District Chapter 20, Article XIII, General Supplemental Regulations Section 20-904. Accessory Structures BACKGROUND The house on the property was originally constructed in 1965. Since then, there have been numerous expansions and remodels to the house. The subject property currently has four accessory structures that have a combined area of 12,706 square feet. Below is a list of accessory structures that have been constructed on the property. 1. In 1986, a permit was issued for the 24' x 40' garage. 2. In 2000, the city issued a permit for a 48' x 72' building. 3. In 2002, the city issued a building permit for a 48' x 100' steel arch storage building. 4. No building permit application can be found for the 36'x 96' "Agricultural Building". Site Conditions The current zoning ordinance limits detached accessory structures to a maximum of 1,000 square feet. This ordinance limiting the area of accessory structures in Agricultural Districts was adopted in May of 2007 in response to contractors purchasing property and building accessory structures to house their businesses. City Code prohibits the use of accessory structures for home occupations. At the time of the ordinance amendment, there were discussions regarding reasonable requests for structures in excess of 1,000 square feet to be used for a legitimate agricultural use. Minnesota State Statute 17.81— Definitions, Subdivision 4 defines agricultural use as "use of land for the production of livestock dairy animals, dairyproducts, poultry and poultry products, fur bearing animals, horticultural and nursery stock which is under chapter 18H, fruit of all kinds, vegetables, forage, grains, bees, and apiary products. " It was decided after the discussions that requests for accessory structures in excess of 1,000 square -feet would be reasonable if based on a legitimate agricultural use. The stated intended use of the accessory structure to be located on the subject property is for Stora a of ha d h tabl hi g y an asa orse s e, w ch ms a pemutted accessory use. However, the applicant also runs a contracting business for landscaping. Once the building is constructed, it will be difficult or impossible for the city to regulate that the buildings are not used for the commercial business instead of the approved stable use. ANALYSIS The applicant is proposing variance to construct a 38.5 -foot by 48 -foot expansion on the existing "pole bar", 1,848 square -foot horse shelter, and an 11 -foot by 24 -foot, 264 square -foot day shelter. CITY OF CHANHASSEN Sw PC DATE: November 18, 2014 -b—a CC DATE: December 8, 2014 (if necessary) REVIEW DEADLINE: December 16, 2014 CASE #: 2014-33 BY: AF, RG, DI, TJ, ML, JM PROPOSED MOTION:`' T�� ' `'C�^ UL-" � �� d "The Chanhassen Board of Appeals and Adjustments demes thb accessory structure variance request, directs the demolition of the exp on and � �adopts the attached Findings of Fact and Decision." L , C 1 s4 -7,,, SUMMARY OF REQUEST: The property owner is requesting a variance to construct a 38.5 - foot by 48400t horse shelter expansion (1,848 square feet) on the existing "pole barn," and an 11 - foot by 24 -foot day shelter (264 square feet). N. his• LOCATION: 610 West 96'° Street (NW '/< Sec. 25, Zot, OtKIS'H Twp. 116, Range 23) APPLICANT: Robert & Christin E. Boecker 610 West 96m Street Chanhassen, MN 55317 PRESENT ZONING: Age tore Estate District 2020 LAND USE PLAN: Residential Low Dens: (Net density 1.2 - 4.0 unit� per acre) 'JL (hz�t G�+w ACRE� eSi✓.J-e -� DENSITY: t� 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 variance to construct a 1,848 square -foot horse shelter and a 264 square -foot day shelter. Currently, the property has 12,706 square feet of accessory structures. The maximum accessory structure area allowed for this property is 1,000 square feet. Approving the applicant's request would put the property at 14818 square feet of accessory structures. ,g �, 21 t-� Planning Commission 6 610 West 96m Street Variance — Planning Case 2014-33 November 18, 2014 �l 1� Page 4 of 5 e— Accessory Structure Variances in Neighborhood PC 2012-28, varianceI PC 2012-12, variance for a 1,800 I I PC 2012-10, variance for 2,560 sq. request for a 7,120 sq. ft. sq• ft. accessory structure approved ft. accessory structure approved accessory structure denied „. Subject Site -Structure constructed after 2005, 1 no permit -01 ` -.4 i . - =e_ 1.. PC 2007-28, variance for 1,177 sq. ft. accessory structure approved Planning Commission 610 West 961s Street Variance — Planning Case 2014-33 November 18, 2014 Page 3 of 5 The property has four existing accessory structures, a 40.2' x 24.3' garage (964.8 square feet), a 72.2' x 48.1' pole barn (3,472.82 square feet), a 26' x 96' Agricultural Building (2,496 square feet), and a 48' x 100' storage building (4,800 square feet). The proposed building expansion contains large overhead doors on the eastern elevation which repeats the building function of the southern part of the building (see Architectural Plan on next page). Such doors are not necessary for a horse stable and will permit the use of the building for equipment storage consistent with contractor's yards or repair bays for automotive repair. Neither of these uses is permitted in the A-2 district. Architectural Plan In researching the property, staff discovered that a contracting business is associated with this location: RTB Landscaping, Inc. In addition, three other businesses are linked to the property: Boecker Properties, LLC, Cheap Thrills Motorsports and Devaan — Sellers Industries, LLC. Staff reviewed city records to determine if any structures in proximity to the subject site were constructed after the accessory structure limitation was adopted in 2007. In December of 2007, the Planning Commission approved a 177 square -foot variance to exceed the 1,000 square -foot maximum for accessory structures. The variance was to allow for a 452 square -foot addition to an existing 725 square -foot detached garage. In 2012, City Council approved variances for 620 West 96th Street structure to construct a 2,560 square -foot accessory structure, and 720 West 96th Street to reconstruct and expand by 520 square feet an existing accessory structure, which is a 40 -foot by 37 -foot building with a 40 -foot by 8 -foot covered walkway/lean-to area (1,800 square feet total). In 2012, the city denied a request for a 7,120 square -foot accessory structure at 760 West 961s Street. There was also a structure constructed sometime after 2005, without record of a building permit. It is unclear if this structure was constructed before or after the adoption of the zoning ordinance in 2007. DECISION "The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment, denies Planning Case #2014-33, a variance from the 1,000 square -foot accessory structure limitation to allow a 1,848 square -foot horse stable and 264 square -foot day shelter on property zoned Agricultural Estate District, A2." ADOPTED by the Chanhassen Planning Commission this 18'` day of November, 2014. CITY OF CHANHASSEN M Chairman 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: Currently, the property owners have reasonable use of the subject property within the Agricultural Estate District, A2. The property has 12,706 square feet of accessory structure space available for storage. The addition of a 1,848 square -foot horse shelter and a 264 square -foot day shelter is not reasonable since there is currently sufficiently large accessory structures that can be converted for agriculture uses and storage. C. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for a horse stable and day shelter. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The owner currently has 12,706 square feet of accessory structure space. There are no circumstances unique to the property that preclude its agricultural use. This does not constitute a unique hardship not created by the landowner since a structures in excess of 1,000 square feet exist on the site. Were all non-agricultural uses removed from the existing structures, sufficiently large structures exist that can be used for a horse stable and day shelter. e. The variance, if granted, will not alter the essential character of the locality. Finding: There are several properties in proximity to the subject property that have accessory structures in excess of 1,000 square feet. These accessory structures were constructed prior to the 2007 ordinance amendment limiting accessory structure size and are considered to be legal nonconformities. The City also granted variances for two structures in excess of 1,000 square feet in 2012. However, this area is guided for residential low density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. 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 #2014-33, dated November 18, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. 2 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: GRMe AS RE rix -v Contact Address: Phone: City/State/Zip: Email: _ 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: ROBERT $O Y -F- Z Contact: 5AME Address: WO WEST GIaZN STQE-ET Phone: R52-4y5-54Np City/State/Zip: CRA0%A*6SE0 f MQ 553\-1 Cell: 1o12 -y 1q -4 310 Email Signatt Fax: Date: 10./Ito %26l`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 speck 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: Contact: 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: El Email — ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 CITY OFCBANgASSEN APPLICATION FOR DEVELOPMENT REVIEW Date Filed: 1 O -( — ( 60 -Day Review Deadline: Planner: B& /D I Section 1: Application Type (check all that apply) ❑ Comprehensive Plan Amendment .........................$600 ❑ Subdivision ADDITIONAL REQUIRED FEES: �( Notification Sign ................................................... $200 TOTAL FEES: $ (City to install and remove) p Property Owners' List within 500'......... $3 per address{�)•+5= Received fromTZL CJ•• �EGk.4r` (City to generate - fee determined at pre -application meeting)!D)5` 6L Escrow for Recording Documents.. $50 per documenT Date Received: IO- ilo-14 Cheek Number: (CUP/SPRNACNARNVAP/Metes & Bounds Subdivision) Section Project Name: BOECV2E2 HORSE '&HEL.TERZ Property Address or Location: (010 L --)EST CI o t ~ STIZEE 1 CFANQ ARSSEtJ Parcel #: 25.0253106 Legal Description: SEE RTTpCt1Ep TRX 5TRTEmsK) T Total Acreage: L4, TB Wetlands Present? ® Yes ❑ No Present Zoning: A2 Requested Zoning: Al Present Land Use Designation: I -OW -DEr r5 IT( Requested Land Use Designation: Low - bFN)SIT� Existing Use of Property: SIwOL.E �FRtA%t_�,( QESiDEUCE Description of Proposal: ZOIJItJC� ' PAQ_1AJCE TO ALL6W 12�ItbB SCSI FT HORSE SI r-L-rEfZ X Check box if separate narrative is attached ❑ 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 ❑ Vacation of Easements/Right-of-way...................$300 ❑ Rezoning (Additional recording fees may apply) ❑ El Planned Unit Development (PUD).. ................. Minor Amendment $750 OVariance to existing PUD ................$100 ............................................................... $200 ❑ All Others .........................................................$500 ❑ Wetland Alteration Permit ❑ Sign Plan Review...................................................$150 ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ 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) ADDITIONAL REQUIRED FEES: �( Notification Sign ................................................... $200 TOTAL FEES: $ (City to install and remove) p Property Owners' List within 500'......... $3 per address{�)•+5= Received fromTZL CJ•• �EGk.4r` (City to generate - fee determined at pre -application meeting)!D)5` 6L Escrow for Recording Documents.. $50 per documenT Date Received: IO- ilo-14 Cheek Number: (CUP/SPRNACNARNVAP/Metes & Bounds Subdivision) Section Project Name: BOECV2E2 HORSE '&HEL.TERZ Property Address or Location: (010 L --)EST CI o t ~ STIZEE 1 CFANQ ARSSEtJ Parcel #: 25.0253106 Legal Description: SEE RTTpCt1Ep TRX 5TRTEmsK) T Total Acreage: L4, TB Wetlands Present? ® Yes ❑ No Present Zoning: A2 Requested Zoning: Al Present Land Use Designation: I -OW -DEr r5 IT( Requested Land Use Designation: Low - bFN)SIT� Existing Use of Property: SIwOL.E �FRtA%t_�,( QESiDEUCE Description of Proposal: ZOIJItJC� ' PAQ_1AJCE TO ALL6W 12�ItbB SCSI FT HORSE SI r-L-rEfZ X Check box if separate narrative is attached Zoning variance request Robert and Christin Boecker 610 West 96t" Street Chanhassen, MN 55317 We are requesting a zoning variance to allow us to erect an 1848 sq.ft. horse shelter on our A2 parcel of land. We need a variance because the current ordinance (changed in 2007) limits structures to 1000 sq.ft. This is not adequate to properly house our animals, trailer, tack and feed. When we purchased our land in 1997, we proceeded to constructed agricultural style buildings to house our personal property, such as our motor coach, vintage cars, motorcycles and snowmobiles. The ability to construct such buildings and raise animals was a major factor in choosing to purchase our A2 residential low- density property. Which is slated to remain residential low-density per the 2030 comprehensive plan, so a variance in this case is consistent with the 2030 plan. We are now financially ready to take the step into raising and caring for approved animals. Our hopes are that our 2 year old son will develop an interest in raising and caring for animals as he grows older. We think this will be way better for him than Facebook Farmville or some animal app on his future phone The shelter is proposed to be an extension of the existing permitted post frame structure. Therefore it is being constructed of the identical material and by the company that erected the original structure. And seeing that the existing structure fits the aesthetics of the area, the addition will not alter the character of the locality. We have already acquired a fence permit and are in the process of getting a day shelter permit approved by the city. We would like to get the shell of the shelter constructed before it snows, so that we can finish the interior over the winter and be ready for the animals in the spring. We would also like to request the ability to raise llamas, goats or sheep, should we decide to go that route in the future. T you for your time, Robert Boecker Christin Boecker 79"U9T _,n„» ._1 .S. . 4 ►.oma ,fa �,, ....� �'�1.. FS, �! TV*PIQF BARN N a ne,t •'I $ 50�is'6 • , ,., J 11 Re w.. j li T" To whom it may concern. Bob Boecker never had any intent to put animals in the new addition. His intent is to rent out to a individual that has classic cars or car collection that had looked into buyng a garage at the classic car place in west Chanhassen and apparantly they worked out some kind of deal to put this up. It's also my understanding that the southern two bays are rented out to some kind of motorcycle repair shop, cars come and go, even UPS delivers up there. Also I was told he already has a shed or a hoop barn thing that he never pulled a permit for. How did that go through? I do not like complaining but the arraogancy displayed at the block party was enough. He even stated that he knew he would get caught but was hoping that the sides of the building would have been put up first and also that there is no way it's coming down (I got a Lawyer). As one person said he has a mini mall up there. If all this was for his own use no one would have a problem, but he seems to have gone a little extreme this time. He will buy the animals and put up a fence to prove his point but that was never the intent. I do not know if this is any use as I have to remain anonymous. I do not desire any hard feelings or ramifications from some of the neighbors. Some see this as a win if he gets this passed as they can build additional out buildings also. RECEsvEC NOV - 5 2014 CHANHAM P ' ,�y� -! TION,, L�--] W u......aaa...4.c �rj, rr..,r..,.._.r p� gS'yurmy for p--® B BO BOECKE 5 •c 4` U r� c M �� ll aid !' �f}16ry1+B I a. i i � PIu1LRE � I I .Yl Q � x I w 1 I c� .R _! MENARKS6 fiECCNEI� ylwi�a m_r.r.r...+yu.�'.syw h..r. 4Y\.N 4Y.M �I•AIIPI�lI ALR T.'^.��..1.'ne! Randv and As"Whtaa• Inc. 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 November 7, 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 610 West 9611 Street Variance Request — Planning Case 2014-33 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 swo to before me this J�ffay of , 2014. Notary Pu lic lw#K 16 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 18, 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. Request for Variance for accessory structures in excess of Proposal: 1,000 square feet on approximately 4.5 acres of property zoned Agricultural Estate A-2 Applicant: Robert and Christin Boecker Property 610 West 96th Street 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/2014-33. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bcenerousna ci.chanhassen.mn.us or by phone at Comments: 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested party is Invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to 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. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 18, 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. Request for Variance for accessory structures in excess of Proposal: 1,000 square feet on approximately 4.5 acres of property zoned Agricultural Estate A-2 Applicant: Robert and Christin Boecker Property 610 West 96th Street 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/2014-33. 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 Comments: 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, 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 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 Rem 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 vole of the City Council except rezonings and land use amendments from residential to commerclal/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 Rem 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 thereort, please contact the Planning Stag person named on the notification. ANDREW T RIEGERT DOUGLAS J & REBECCA A DUCHON DOUGLAS L & PAULA JO STEEN 620 96TH ST W 9630 FOXFORD RD 701 96TH ST W CHANHASSEN MN 55317-8601 CHANHASSEN MN 55317-8688 CHANHASSEN MN 55317-8603 GAYLE 0 & LOIS J DEGLER 541 PINEVIEW CT CHANHASSEN MN 55317-8697 JAMES & ARLENE J CHURCH 611 96TH ST W CHANHASSEN MN 55317-8602 JOHN & ANNA MAE MAKELA 8503 OLD TOWNE CT KNOXVILLE TN 37923-6361 ROGER A & KIMBERLY A LEE 600 96TH ST W CHANHASSEN MN 55317-8601 THEODORE B & KAREN K HASSE 630 96TH ST W CHANHASSEN MN 55317-8601 US BANK NA AS TRUSTEE 10790 RANCHO BERNARDO RD SAN DIEGO CA 92127-5705 HALLA FAMILY LP 6601 MOHAWKTRL EDINA MN 55439-1029 JAMES H & TERESA 0 GIUSTI 540 PINEVIEW CT CHANHASSEN MN 55317-8697 KEVIN L & LORI A BOGENREIF 631 96TH ST W CHANHASSEN MN 55317-8602 ROGER G NOVOTNY 560 PINEVIEW CT CHANHASSEN MN 55317-8697 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317-8695 N,7S�//L /� s --IL- HALLA FAMILY LP 495 PIONEER TRL CHANHASSEN MN 55317-4718 JAMES M & TERESA A BYRNE 700 96TH ST W CHANHASSEN MN 55317-8603 ROBERT & CHRISTIN E BOECKER 610 96TH ST W CHANHASSEN MN 55317-8601 STEPHEN J & COLEEN M WILKER 621 96TH ST W CHANHASSEN MN 55317-8602 TIMOTHY J LOWE 601 96TH ST W CHANHASSEN MN 55317-8602 i i .� y �_ �: i CITY OF CHANHASSEN 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: 952.2271110 Park & Recreation Phone: 952.227.1120 Fax: 952 2271110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 G -4=-� MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Drew Ingvalson, Planning Intern DATE: February 23, 2015 ,851/ SUBJ: Variance 610 West 96u` Street — Planning Case #2014-33 PROPOSED MOTION "The Chanhassen City Council denies the accessory structure variance request, directs the demolition of the expansion and adopts the attached Findings of Fact and Decision." City Council approval requires a majority vote of City Council. The applicant, Robert Boecker, appealed the Board of Appeals and Adjustments denial of the variance pursuant to Section 20-29 (d) of the Chanhassen City Code. The applicant also requested that this item be tabled to February 23, 2015. The applicant is requesting relief in the form of an accessory structure variance from the zoning ordinance to construct a 1,848 square -foot "horse shelter" expansion on the existing "pole barn," and to build a 264 square -foot "day shelter." The applicant proposes to meet all city zoning requirements except for the 1,000 square -foot accessory structure maximum in the construction of the horse shelter and day shelter on the property. Planning & Natural Resources The existing property has four accessory structures accounting for 12,706 square feet Phone: 952.227.1130 of accessory structures. The maximum accessory structure area allowed is 1,000 Fax: 952.227.1110 square feet. Approving the applicant's request would put the property at 13,818 square feet of accessory structures. Public Works 7901 Park Place PLANNING COMMISSION SUMMARY Phone: 952.227.1300 Fax: 952.227.1310 The Planning Commission, acting as the Board of Appeals and Adjustments, held a Senior Center public hearing on November 18, 2014 to review the proposed variance and voted Phone: 952.227.1125 unanimously, with a vote of seven to zero, to deny the variance request and directed the Fax: 952.227.1110 demolition of the "horse shelter" expansion. The Planning Commission found that the variance request did not meet the requirements for the granting of a variance. Website www.ci.chanhassen.mn.us The Planning Commission minutes for November 18, 2014 are attached. Chanhassen is a Community for Life- Providing for Today and Planning for Tomorrow SCANNED Todd Gerhardt 610 West 966' Street — Planning Case 2014-33 February 23, 2015 Page 2 RECOMMENDATION Staff recommends that City Council deny the variance requests and adopt the attached Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision. 2. Planning Commission Staff Report dated November 18, 2014. 3. Planning Commission Minutes dated November 18, 2014. 4. Email from Robert & Christin Boecker dated November 24, 2014. 5. Email from M. Chapin Hall dated February 13, 2015. g:\plan\2014 planning cnm\2014-33 610 west 96th street variance\cxecutive summary.dce CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Robert & Christin E. Boecker for a variance from the 1,000 square -foot accessory structure limitation to allow for a 1,848 square -foot horse shelter and a 264 square -foot day shelter on property zoned Agricultural Estate District (A2) — Planning Case 2014-33. On February 23, 2015, the Chanhassen City Council met at its regularly scheduled meeting to consider the application. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: E 155' OF W 1085' SW '/4 NW '/4 EXC: P-22 MNDOT R -O -W PLAT NO 10-22 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 subject site is zoned Agricultural Estate District (A2). The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide a stable and day shelter for horses. The subject property currently has four accessory structures that have a combined area of 12,706 square feet. Upon review, it was discovered that a contracting business is associated with this location: RTB Landscaping, Inc. In addition, three other businesses are linked to the property: Boecker Properties, LLC, Cheap Thrills Motorsports and Devaan — Sellers Industries, LLC. Using accessory structures for non-agricultural uses or residential storage is not keeping in harmony with the general purpose and intent of the A2 district. 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: Currently, the property owners have reasonable use of the subject property within the Agricultural Estate District, A2. The property has 12,706 square feet of accessory structure space available for storage. The addition of a 1,848 square -foot horse shelter and a 264 square -foot day shelter is not reasonable since there is currently sufficiently large accessory structures that can be converted for agriculture uses and storage. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for a horse stable and day shelter. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The owner currently has 12,706 square feet of accessory structure space. There are no circumstances unique to the property that preclude its agricultural use. This does not constitute a unique hardship not created by the landowner since a structures in excess of 1,000 square feet exist on the site. Were all non-agricultural uses removed from the existing structures, sufficiently large structures exist that can be used for a horse stable and day shelter. e. The variance, if granted, will not alter the essential character of the locality. Finding: There are several properties in proximity to the subject property that have accessory structures in excess of 1,000 square feet. These accessory structures were constructed prior to the 2007 ordinance amendment limiting accessory structure size and are considered to be legal nonconformities. The City also granted variances for two structures in excess of 1,000 square feet in 2012. However, this area is guided for residential low density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. £ 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 #2014-33, dated February 23, 2015, prepared by Drew Ingvalson, et al, is incorporated herein. 2 "The Chanhassen City Council denies Planning Case #2014-33, a variance from the 1,000 square -foot accessory structure limitation to allow a 1,848 square -foot horse stable and 264 square -foot day shelter on property zoned Agricultural Estate District, A2." ADOPTED by the Chanhassen City Council this 23rd day of February, 2015. CITY OF CHANHASSEN M Mayor � 1 1 i CITY O CHANHASSEN PROPOSED MOTION: PC DATE: November 18, 2014 J..3 —a CC DATE: December 8, 2014 (if necessary) REVIEW DEADLINE: December 16, 2014 CASE #: 2014-33 BY: AF, RG, Dl, TJ, ML, JM "The Chanhassen Board of Appeals and Adjustments denies the accessory structure variance request, directs the demolition of the expansion and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The property owner is requesting a variance to construct a 38.5 - foot by 48 -foot horse shelter expansion (1,848 square feet) on the existing "pole bam," and an 11 - foot by 24 -foot day shelter (264 square feet). LOCATION: 610 West 96m Street (NW Y. Sec. 25, Twp. 116, Range 23) APPLICANT: Robert & Christin E. Boecker 610 West 961° Street Chanhassen, MN 55317 PRESENT ZONING: Agriculture Estate District (A-2) 2020 LAND USE PLAN: Residential Low Density (Net density 1.2 — 4.0 units per acre) ACREAGE: 4.28 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 variance to construct a 1,848 square -foot horse shelter and a 264 square -foot day shelter. Currently, the property has 12,706 square feet of accessory structures. The maximum accessory structure area allowed for this property is 1,000 square feet. Approving the applicant's request would put the property at 13,818 square feet of accessory structures. SCANNED Planning Commission 610 West 96d' Street Variance — Planning Case 2014-33 November 18, 2014 Page 2 of 5 APPLICABLE REGULATIONS Chapter 20, Article II, Division 3, Variances Chapter 20, Article DC, "A-2" Agricultural Estate District Chapter 20, Article XIII, General Supplemental Regulations Section 20-904. Accessory Structures The house on the property was originally constructed in 1965. Since then, there have been numerous expansions and remodels to the house. The subject property currently has four accessory structures that have a combined area of 12,706 square feet. Below is a list of accessory structures that have been constructed on the property. 1. In 1986, a permit was issued for the 24' x 40' garage. 2. In 2000, the city issued a permit for a 48' x 72' building. 3. In 2002, the city issued a building permit for a 48' x 100' steel arch storage building. 4. No building permit application can be found for the 36'x 96' "Agricultural Building". Site Conditions The current zoning ordinance limits detached accessory structures to a maximum of 1,000 square feet. This ordinance limiting the area of accessory structures in Agricultural Districts was adopted in May of 2007 in response to contractors purchasing property and building accessory structures to house their businesses. City Code prohibits the use of accessory structures for home occupations. At the time of the ordinance amendment, there were discussions regarding reasonable requests for structures in excess of 1,000 square feet to be used for a legitimate agricultural use. Minnesota State Statute 17.81 — Definitions, Subdivision 4 defines agricultural use as "use of land for the production of livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural and nursery stock which is under chapter 18H, fruit of all kinds, vegetables, forage, grains, bees, and apiary products. " It was decided after the discussions that requests for accessory structures in excess of 1,000 square -feet would be reasonable if based on a legitimate agricultural use. The stated intended use of the accessory structure to be located on the subject property is for storage of hay and as a horse stable, which is a permitted accessory use. However, the applicant also runs a contracting business for landscaping. Once the building is constructed, it will be difficult or impossible for the city to regulate that the buildings are not used for the commercial business instead of the approved stable use. ANALYSIS The applicant is proposing variance to construct a 38.5 -foot by 48 -foot expansion on the existing "pole bam", 1,848 square -foot horse shelter, and an 11 -foot by 24 -foot, 264 square -foot day shelter. Planning Commission 610 West 960' Street Variance — Planning Case 2014-33 November 18, 2014 Page 3 of 5 The property has four existing accessory structures, a 40.2' x 24.3' garage (964.8 square feet), a 72.2' x 48.1' pole bam (3,472.82 square feet), a 26' x 96' Agricultural Building (2,496 square feet), and a 48' x 100' storage building (4,800 square feet). The proposed building expansion contains large overhead doors on the eastern elevation which repeats the building function of the southern part of the building (see Architectural Plan on next page). Such doors are not necessary for a horse stable and will permit the use of the building for equipment storage consistent with contractor's yards or repair bays for automotive repair. Neither of these uses is permitted in the A-2 district. Architectural Plan In researching the property, staff discovered that a contracting business is associated with this location: RTB Landscaping, Inc. In addition, three other businesses are linked to the property: Boecker Properties, LLC, Cheap Thrills Motorsports and Devaan — Sellers Industries, LLC. Staff reviewed city records to determine if any structures in proximity to the subject site were constructed after the accessory structure limitation was adopted in 2007. In December of 2007, the Planning Commission approved a 177 square -foot variance to exceed the 1,000 square -foot maximum for accessory structures. The variance was to allow for a 452 square -foot addition to an existing 725 square -foot detached garage. In 2012, City Council approved variances for 620 West 96th Street structure to construct a 2,560 square -foot accessory structure, and 720 West 96th Street to reconstruct and expand by 520 square feet an existing accessory structure, which is a 40 -foot by 37 -foot building with a 40 -foot by 8 -foot covered walkway/lean-to area (1,800 square feet total). In 2012, the city denied a request for a 7,120 square -foot accessory structure at 760 West 96d' Street. There was also a structure constructed sometime after 2005, without record of a building permit. It is unclear if this structure was constructed before or after the adoption of the zoning ordinance in 2007. Planning Commission 610 West 96" Street Variance — Planning Case 2014-33 November 18, 2014 Page 4 of 5 Accessory Structure Variances in Neighborhood PC 2012-28, variance [sq, 2012-12, variance for a 1,800 PC 2012-10, variance for 2,560 sq. ft. accessory structure approved ft. accessory structure approved request for a 7,120 sq. ft. accessory structure denied o �.. Subject Site -Structure constructed after 2005, no permit PC 2007-28, variance for 1,177 sq. ft. accessory structure approved Planning Commission 610 West 96"' Street Variance — Planning Case 2014-33 November 18, 2014 Page 5 of 5 As can be seen from the aerial photo on the previous page, this neighborhood has numerous accessory structures in excess of 1,000 square feet. Staff is concerned with the large size of the structure. Between the existing storage building on the property as well as the proposed expansion, what is the appropriate amount of accessory structures necessary for the horse operation? As a comparison, the Degler farm, located on 40 acres at the southeast corner of Lyman Boulevard and Adubon Road, has a total of 38,155 square feet of accessory structures. At what point do the sizes of the accessory structures create a concentration of properties that in the future may be used for business operations rather than storage for agricultural of residential uses? This concern originates from the possibility that home occupations/businesses may be conducted out of accessory structures. Home occupationsibusinesses are a common cause of complaint from residents. They often create an excess in parking, traffic and noise. As the property is less than ten acres the agricultural exemption from building code requirements does not apply. Building permit(s), plan review and approvals are required for the proposed building. Staff recommends that the Planning Commission deny the variance request, direct the applicant to demolish the "horse shelter" expansion 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. Letter To Whom It May Concern Stamped Received November 5, 2014. 6. Affidavit of Mailing of Public Hearing Notice. g:lplan\2014 planning cases\2014-33 610 west 96th street variance\staff report 610 west 96th street variance.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Robert & Christin E. Boecker for a variance from the 1,000 square -foot accessory structure limitation to allow for a 1,848 square -foot horse shelter and a 264 square -foot day shelter on property zoned Agricultural Estate District (A2) — Planning Case 2014-33. On November 18, 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 Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: E 155' OF W 1085' SW '/, NW `/. EXC: P-22 MNDOT R -O -W PLAT NO 10-22 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 subject site is zoned Agricultural Estate District (A2). The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide a stable and day shelter for horses. The subject property currently has four accessory structures that have a combined area of 12,706 square feet. Upon review, it was discovered that a contracting business is associated with this location: RTB Landscaping, Inc. In addition, three other businesses are linked to the property: Boecker Properties, LLC, Cheap Thrills Motorsports and Devaan — Sellers Industries, LLC. Using accessory structures for non-agricultural uses or residential storage is not keeping in harmony with the general purpose and intent of the A2 district. 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: Currently, the property owners have reasonable use of the subject property within the Agricultural Estate District, A2. The property has 12,706 square feet of accessory structure space available for storage. The addition of a 1,848 square -foot horse shelter and a 264 square -foot day shelter is not reasonable since there is currently sufficiently large accessory structures that can be converted for agriculture uses and storage. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for a horse stable and day shelter. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The owner currently has 12,706 square feet of accessory structure space. There are no circumstances unique to the property that preclude its agricultural use. This does not constitute a unique hardship not created by the landowner since a structures in excess of 1,000 square feet exist on the site. Were all non-agricultural uses removed from the existing structures, sufficiently large structures exist that can be used for a horse stable and day shelter. e. The variance, if granted, will not alter the essential character of the locality. Finding: There are several properties in proximity to the subject property that have accessory structures in excess of 1,000 square feet. These accessory structures were constructed prior to the 2007 ordinance amendment limiting accessory structure size and are considered to be legal nonconformities. The City also granted variances for two structures in excess of 1,000 square feet in 2012. However, this area is guided for residential low density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. 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 #2014-33, dated November 18, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. 2 "The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment, denies Planning Case #2014-33, a variance from the 1,000 square -foot accessory structure limitation to allow a 1,848 square -foot horse stable and 264 square -foot day shelter on property zoned Agricultural Estate District, A2." ADOPTED by the Chanhassen Planning Commission this 18' day of November, 2014. CITY OF CHANHASSEN BY: Chairman COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CIMIMSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR —Ito -1-1 t7 DEVELOPMENT REVIEW 2 2 Date Filed: 10-t—1—l4 60 -Day Review Deadline: 13- Planner: /I Case#:�ojLA-33 Section•• • •-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 El 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 ❑ Vacation of Easements/Right-of-way................... $300 ❑ Rezoning (Additional recording fees may apply) ❑ Planned Unit Development (PUD)...................$750 ❑ Minor Amendment to existing PUD .................$100 FzrVariance............................................................... $200 ❑ All Others .........................................................$500 ❑ Wetland Alteration Permit ❑ Sign Plan Review...................................................$150 ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Site Plan Review ❑ Administrative ..................................................$100 E] Zoning Appeal .............. ........................................ $100 ElCommercial/Industrial Districts' ......................$500 Plus $10 per 1,000 square feet of building area ❑ Zoning Ordinance Amendment............................$500 Indude 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) ADDITIONAL REQUIRED FEES:r Notification Sign ................................................... $200 TOTAL FEES: $ GN, (City to install and remove) �µµ Property Owners' List within 500.......... $3 per addres �+g= Received fromR2&_rA7- &eckle'- / (City to generate — fee determined at pre -application meeting) $ �L � Escrow for Recording Documents.. $50 per documeniM Date Received: t0 - Ila -14 she Number: (CUP/SPR/VAC/VAR/WAP/Metes 8 Bounds Subdivision) Section 2: Required Information Project Name: BC'EC1LE(L HORSE SHELiEfZ Property Address or Location: talo WEST gLcTN ST2E.e 1 CtiAtJr\t�SSth Parcel#: 2S-0273`ll0U Legal Description: SE.E RTTP"IE- TRX STHTEMEtJT Total Acreage: H,Z�) Wetlands Present? ® Yes ❑ No Present Zoning: A2 Requested Zoning: A 2 Present Land Use Designation: L -OW -DEtJS ir( Requested Land Use Designation: LOW - DEQSIT`( Existing Use of Property: SiWeL_E JFAM\L-Y QL$iDctJCc Description of Proposal: ZOIJiiJC7 'VAQtAi TO ALL6w lam" _`x .FT HORSC ,® Check box if separate narrative is attached 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: SA0AF AS BELZX� Contact Address: Phone: City/State/Zip: Cell: Email: 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: 90BZZ:T $D cy efZ Contact: SAME Address: 1010 WEST glot' STaeET Phone: `i52 -4y5 -S`1810 City/State/Zip: CRAQ'ft#6SEQ f MQ 55`5\-1 Cell: 1n12 -c -119-q Lo Email: Signati Fax: Date: 10 /Ile 26l y 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 speck 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: City/State/Zip: Email: 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: 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: Swltv.e AS RElc.,v Address: City/State/Zip: Contact: Phone: Cell: Email: 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: Address: LplO WEST gloZa STQE.tT Contact: SAME Phone: ci52 - 1yS SSI City/State/Zip: CtiAQ%"6SEQ t MQ SG*3%-1 Cell: Lo 12 -Lit) -q ILD Email: Signati Fax: Date: 10 ! I Le % 261 `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: Contact: Phone: 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: Zoning variance request Robert and Christin Boecker 610 West 96`h Street Chanhassen, MN 55317 We are requesting a zoning variance to allow us to erect an 1848 sq.ft. horse shelter on our A2 parcel of land. We need a variance because the current ordinance (changed in 2007) limits structures to 1000 sq.ft. This is not adequate to properly house our animals, trailer, tack and feed. When we purchased our land in 1997, we proceeded to constructed agricultural style buildings to house our personal property, such as our motor coach, vintage cars, motorcycles and snowmobiles. The ability to construct such buildings and raise animals was a major factor in choosing to purchase our A2 residential low- density property. Which is slated to remain residential low-density per the 2030 comprehensive plan, so a variance in this case is consistent with the 2030 plan. We are now financially ready to take the step into raising and caring for approved animals. Our hopes are that our 2 year old son will develop an interest in raising and caring for animals as he grows older. We think this will be way better for him than Facebook Farmville or some animal app on his future phone. The shelter is proposed to be an extension of the existing permitted post frame structure. Therefore it is being constructed of the identical material and by the company that erected the original structure. And seeing that the existing structure fits the aesthetics of the area, the addition will not alter the character of the locality. We have already acquired a fence permit and are in the process of getting a day shelter permit approved by the city. We would like to get the shell of the shelter constructed before it snows, so that we can finish the interior over the winter and be ready for the animals in the spring. We would also like to request the ability to raise llamas, goats or sheep, should we decide to go that route in the future. T yo/%Ju,,fo'r your time, 1 Robert Boecker Christin Boecker SCANNED Y /VA& wkwv W1 DZ r old, Si01 o'0D'E �t- -- ----= -•— - - s ven•uacn 6 O'M M F�.�t OVSTIMG � Or TVA FXU BARNlego S 9 ♦p PM 1.! Eutz 4547 sol • � I.iDD.3J �: D�Awed 6�IIIrq k �ta�! Survey BOB B®ECKER _O ,ti�y�..� Pp51VQE ® _ -- smo y — laas w. u......as,4...4.9 aq• s +J 1-- I g +i I Y I jy o I -r AIOO1h RYX9bI �C Randx and Aaxatatea. Ina ....A ar-wme nc m 10 ~ To whom it may concern. Bob Boecker never had any intent to put animals in the new addition. His intent is to rent out to a individual that has classic cars or car collection that had looked into buyng a garage at the classic car place in west Chanhassen and apparantly they worked out some kind of deal to put this up. It's also my understanding that the southern two bays are rented out to some kind of motorcycle repair shop, cars come and go, even UPS delivers up there. Also I was told he already has a shed or a hoop barn thing that he never pulled a permit for. How did that go through? I do not like complaining but the arraogancy displayed at the block party was enough. He even stated that he knew he would get caught but was hoping that the sides of the building would have been put up first and also that there is no way it's coming down (I got a Lawyer). As one person said he has a mini mall up there. If all this was for his own use no one would have a problem, but he seems to have gone a little extreme this time. He will buy the animals and put up a fence to prove his point but that was never the intent. I do not know if this is any use as I have to remain anonymous. I do not desire any hard feelings or ramifications from some of the neighbors. Some see this as a win if he gets this passed as they can build additional out buildings also. RECEIVEr) NOV - 5 2014 CHANHASSJ r 'N). r! 7IONy 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 November 7, 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 610 West 96th Street Variance Request — Planning Case 2014-33 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 swop to before me this f LNay of 2014. Notary Pu lic KIM T. MEUWISSEN Notary Public -Minnesota my= Y Commisgon E'0 Jen 31 2016 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 18, 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. Request for Variance for accessory structures in excess of Proposal: 1,000 square feet on approximately 4.5 acres of property zoned Agricultural Estate A-2 Applicant: Robert and Christin Boecker Property 610 West 9&h Street 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 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/2014-33. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at boenerous()ci.chanhassen.mn.us or by phone at Comments: 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 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 commerclallindustnal. • 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, November 18, 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. Request for Variance for accessory structures in excess of Proposal: 1,000 square feet on approximately 4.5 acres of property zoned Agricultural Estate A-2 Applicant: Robert and Christin Boecker Property 610 West 96th Street 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/2014-33. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at boenerous aC)ci.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, 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 recommendation. These reports are available by request. Al 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 commerclallindustdal. • 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 thereort, please contact the Planning Staff person named on the notification. ANDREW T RIEGERT DOUGLAS J & REBECCA A DUCHON DOUGLAS L & PAULA JO STEEN 620 96TH ST W 9630 FOXFORD RD 701 96TH ST W CHANHASSEN MN 55317-8601 CHANHASSEN MN 55317-8688 CHANHASSEN MN 55317-8603 GAYLE O & LOIS J DEGLER 541 PINEVIEW CT CHANHASSEN MN 55317-8697 JAMES & ARLENE J CHURCH 611 96TH ST W CHANHASSEN MN 55317-8602 JOHN & ANNA MAE MAKELA 8503 OLD TOWNE CT KNOXVILLE TN 37923-6361 ROGER A & KIMBERLY A LEE 600 96TH ST W CHANHASSEN MN 55317-8601 THEODORE B & KAREN K HASSE 630 96TH ST W CHANHASSEN MN 55317-8601 US BANK NA AS TRUSTEE 10790 RANCHO BERNARDO RD SAN DIEGO CA 92127-5705 HALLA FAMILY LP 6601 MOHAWKTRL EDINA MN 55439-1029 JAMES H & TERESA O GIUSTI 540 PINEVIEW CT CHANHASSEN MN 55317-8697 KEVIN L & LORI A BOGENREIF 631 96TH ST W CHANHASSEN MN 55317-8602 ROGER G NOVOTNY 560 PINEVIEW CT CHANHASSEN MN 55317-8697 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317-8695 HALLA FAMILY LP 495 PIONEER TRL CHANHASSEN MN 55317-4718 JAMES M & TERESA A BYRNE 700 96TH ST W CHANHASSEN MN 55317-8603 ROBERT & CHRISTIN E BOECKER 610 96TH ST W CHANHASSEN MN 55317-8601 STEPHEN J & COLEEN M WILKER 621 96TH ST W CHANHASSEN MN 55317-8602 TIMOTHY J LOWE 601 96TH ST W CHANHASSEN MN 55317-8602 CHANHASSEN PLANNING COMMISSION REGULAR MEETING NOVEMBER 18, 2014 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Lisa Hokkanen, Kim Tennyson, Maryam Yusuf, Steve Weick and Dan Campion STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Shanneen Al-Jaff, Senior Planner, and Alyson Fauske, Assistant City Engineer STRUCTURES IN EXCESS OF 1.000 SQUARE FEET ON APPROXIMATELY 4.5 BOECKER, PLANNING CASE 2014-33. Aanenson: Before he starts I did want to point out that we did receive some additional information that was handed out to all the commissioners so, the applicant may address it but otherwise if there's questions to staff we'd be happy to answer that at the end of the presentation. Aller: Great and for those watching at home I did look at the update and it's been on the website since this afternoon as well so it's there for your use and your perusal. Generous: Thank you Chairman Aller, commissioners. That was my first material we did hand out the material that was included today. It contains a petition, a letter and an alternative design for this project. I would point out that I showed our stable person the alternative design and they said that that would not work because it's, for a stable you need to have an enclosed structure so just for informational purposes. The applicant are Robert and Christin Boecker. The property is located at 610 West 96th Street. This is just north of Pioneer Trail and west of the Great Plains Boulevard, Highway 101. It's the second property on the south side of West 96th Street as you come into this development. This property is guided in the city's Comprehensive Plan for residential low density uses. That means densities of 1.2 to 4 units per acre or in suburban standards about third acre lots. Currently it's, depending on the number, 4.28 to 4.49 acres in size. The property is in the 2010 Metropolitan Urban Service Area so it could receive urban services at any time. However it is dependent on the development of the property to the northwest to serve this with additional sewer and water services. The property is zoned A2, Agricultural Estate District. In this City's parlance that's really a holding category. It preserves rural character but it doesn't, it limits the types of uses that can be there and the minimum lot size is at 2 t/2 acres per lot. The City's Comprehensive Plan does not anticipate preserving agricultural uses within the community in the long term. However we do support in greater Carver County the preservation of agricultural uses in western Carver County. The south half of this property is in an existing wetland. The property owner's requesting a variance to construct a 38.5 foot by 48 foot horse shelter adjacent, expansion on an existing building as well as a 11 by 24 foot day shelter to the south of the second existing building on the property. This would be a total of 14,818 square feet of accessory structures on the property. I should point out on the first page the property, the 13,818 square feet is the variance request from the 1,000 square foot accessory structure so. Section 20-904 of the City Code limits accessory structures to 1,000 square feet in the A2, RR, RSF, RLM and R4 Districts. This ordinance was adopted in May, 2007. The City amended the accessory structures to limit the 1,000 square foot city wide so it applies to all these properties throughout the community, not to just this area. This was, an amendment was in response to contractor's purchasing these large lots with accessory structures or large lots and building accessory structures to run contracting businesses out of them and turning the accessory structures into business operations. However city code does not permit the use of accessory structures for a business use. It's for personal and private uses only. Agricultural buildings existing on property that are about 12,760 square foot of accessory buildings. Agricultural buildings and uses are limited to those uses directly related to agricultural businesses. Under State Statute agricultural buildings are designed, constructed and used to house farm implements, livestock or agricultural produce or products. They're not for any other use so if you want an Ag designation you have to meet that criteria. Additionally you have to have at least 10 acres of contiguous land use for agricultural purposes which is cultivation, raising of livestock, things, a fruit farm, things like that. And finally if you have less than 10 acres it has to be used exclusively for agricultural purposes and intensely used for agricultural purposes so it should be cultivated. And that's the only way that you're able to maintain or receive the agricultural exemption for agricultural buildings. On this property there are 4 existing accessory buildings. The first one permitted in 1986 was a 24 by 40 square foot garage next to the building. That shows up on this map as 1. Number 2 is a 48 by 72 foot building that the applicant is proposing to expand as part of this application. The third one is a 48 by 100 square foot steel arch building. That's on the south end of the property. And the fourth building is a building that was constructed and we cannot find a building permit on file for that structure. This area has had a history of properties coming in for requests to variances to the 1,000 square foot requirement. The existing property, the property immediately to the west received a variance for a 2,560 square foot accessory structure and then there's 1,800 square foot a little way down the road from that. There was a small one off of Homestead Lane approved and then there was one that was denied and then the property owner actually withdrew his request for the variance at the end of West 96'b Street. Part of staff's concern with approval of this variance application is with the kind, the character of the neighborhood that would be created and maintained out here. While this property is guided for redevelopment in the future at suburban densities, the continuation of these large buildings would provide an impetus to not make that change possible or feasible in the future. The concern originates from the possibility that large accessory structures are used in conjunction with home occupations. Home occupations are intended to be conducted out of a residence and maintain a residential appearance. When the operations are moved into accessory structures they become common causes of complaints by neighbors. They often create excess parking, traffic and noise. Staff is concerned that the property would be sold in the future. It may be purchased by a person with the intentions of operating a home occupation out of the accessory structure. Staff further believes that the use is inconsistent with the goals and policies of the Comprehensive Plan. And then basically the architecture would continue the use of the materials that are on the existing structure. Here's a picture, they did begin the building of this expansion in the future. The City issued a stop work order and told them they needed to come in through the variance process to construct that building. Here's a close up on the expansion area. And this is the existing storage building on the south end of the property. This is the quote, agricultural building that was built without a permit. Staff is recommending denial of the variance request and directing to the applicant to demolish the expansion area and adoption of the attached Findings of Fact and Decision. With that I'd be happy to answer any questions you may have. Aller: Anyone have any questions at this point? Weick: I do. Aller: Commissioner Weick. Weick: Thanks. Just a clarification on this 20-904. The accessory structure. It said they're not to exceed 1,000 square feet. Does it say anything about the number of 1,000 square foot? Generous: No, it would be cumulative so they could have four 250 square foot accessory. Weick: But not four 1,000 square foot. Generous: Correct. Weick: Okay. I just wanted that clarification. Thank you. Aller: Okay, would the, hearing no other questions. Oh, Commissioner Campion. Campion: One question... so prior to 2007 was there any requirement on the accessory structure sizes? Generous: Only, Mr. Chairman. Only as far as you could only have 20 percent site coverage and you had to meet setbacks. Campion: Okay. Aller: Any additional questions? Hearing none we'll go ahead and hear from the applicant. Welcome sir. If you could state your name and address for the record that'd be great. Robert Boecker: I am Robert Boecker. The applicant. I don't even know where to begin. This process, it just seems that it's so geared to not help the resident that you guys all represent. Myself. There's nothing we're trying to pull over. We've got a very well laid out plan for what we want to do. We think we've articulated it through there that what the structure will be used for and I guess I just the whole process of dealing with staff on this. I don't feel that in any way the City would like to help approve or do any type of project like this because I happen to own a property that's guided differently than, I'm going to say it. There's an agenda for my property other than what I have. And when I bought the property in 1997 it was so that I could have storage structures for my classic cars. My snowmobiles. My motorcycles and to be able to have animals. All right here in Chanhassen. It's kind of the dream to be able to do that but I feel that since we're being guided differently that we're being pushed out and not allowed to do these things. Saying that what we're doing will not fit the 2030 Comprehensive Plan. How would this building existing on my property affect that plan? Bob says it because then no one would want to buy it because there's a building already there. What if I wanted to just take the structure and turn it into a house? When we can so do so. When the utilities are there. Maybe that's a use for it so then there's no reason that the building can't be there and have use in the future in the way that our land is being guided. So there's so many options that are not even talked about here. And as to the businesses, staff has never once asked me what I do for a living. Never once did you ask me that. But the report says I own a landscape company. I haven't landscaped in 8 years but yet that's what the staff says that I do for a living. Never once did we get an interview where you asked me any of the questions to any of the points that are in here and I think that's sad. And I just feel like this is all geared against us, the landowners so. One thing that the staff didn't put out was the, or talk anything about was the alternative option. Do you all have that in front of you? Because part of the issue is that they feel that they won't be able to control what the structure's used for so my wife and I talked. We changed the plan so that the building itself is totally transparent. You can see directly through the building any side that you were standing on by simply removing portions of the siding. Leaving the structure intact so does that all make sense when you look at those plans? Okay. Now you're saying that Carol Dunsmore says that that then cannot be used as a stable? Is that what you said Bob? Aanenson: Mr. Chair, if you could have the applicant address the Chair and then direct the staff with the questions I'd, I think that'd be helpful. Aller: Why don't we go ahead, that'd be great. Robert Boecker: So if I have a question of staff. Aller: You should address me and then we'll get it answered. Robert Boecker: Okay. Alright. Andrew. Aanenson: If you want to put this over here... Robert Boecker: Oh, okay. Oh I thought you said they were all going to get a copy. Aanenson: They do... Aller: But anybody. Robert Boecker: Okay, so I can point at it and then you can see. Aanenson: Yeah. RobertBoecker: Okay. Alright. As we talked about you can see that here, this facade would be Highway 101 would be right here. So without any doors on this side you can see directly into the structure. On the reverse side of that structure would be the west. This one here. By removing this whole section here you would be able to stand here, or from Highway 101 look directly through the building and know exactly what's in the building. So the use of the structure is totally transparent. That's why we're proposing this to kind of put that issue to rest. As far as putting horses in there, could I have Andrew clarify whether or not the City inspector, Carol Dunsmore said that horses could not be stabled in a structure. Aller: That's what I believe was stated, is that correct? Generous: Yes. When I showed her this plan she said that the structure must be enclosed for the shelter for the horses. Robert Boecker: So inside of this structure, can the two horse stalls themselves be enclosed? Aller: If you know Bob, I don't know. Generous: I'm not sure. Aller: I wouldn't know without asking her. Robert Boecker: So as a requirement when Carol would do the inspection, part of the requirement would be that the horse stalls themselves would need to be enclosed which would not be an issue to enclose them within the structure. Aller: Although wouldn't that defeat the purpose of having it open? If you have enclosures. Robert Boecker: No because the horses will have their own structure to keep them from the elements. The biggest issue is that you want this structure, the canopy structure so that you can put your hay and your tack and all your feed in there and keep that dry. The biggest issue with staff says well you've got other buildings. Why don't you just go ahead and put the horses in the other buildings. My other buildings have classic cars in them. Classic motorcycles in them. I am not going to bring feed, hay, things that are going to bring rodents next to those cars. There's a reason I have them in there so. Just look at my notes here. At the time in the ordinance amendment it was decided that the discussions, after the discussions the request for accessory structures in excess of 1,000 square feet would be reasonable if based on a legitimate agricultural use. I believe this is a legitimate agricultural use to house our horses, hay, tack and one other thing we would also like to store in there is our horse trailer. We're planning on getting a 4 place trailer with a bunk. That's a lot of money for a trailer that I don't want sitting outside but I was informed by staff that I could not store that trailer inside of this building because it's personal property. Are my horses not personal property? Can they go in the structure? So these are the types of what I'm getting from staff when I'm trying to work through this and it's just, it's very frustrating. The overhead door sizes were in question in here. First of all they were designed that way to match the other doors so that the building was uniform. Second, I asked staff what the average height of a horse trailer was with a hay rack on top. They didn't know. My doors are i l feet on this. They are not super tall doors but it will be 10 feet to the top of the hay rack so it will fit. Personal property. Just for the City's record I will address the hoop house. The hoop house was constructed in 2006. It's a non -permanent structure. We didn't actually realize at the time that we would need a permit for the hoop house so that's why there is no application for it. The hoop house. Complaints. Staff said that there would be, this type of property and these buildings will bring up more complaints and I was wondering if staff has an actual complaint that was directed towards my property or caused by my property in any, because of any of my buildings or anything that I have. Aller: There is none in the report right now. Let me ask Bob, are we aware of any right now? Generous: Not that I'm aware of. Not for this specific property. We've had it for other properties. Aller: In general, okay. Robert Boecker: Okay. The 10 acre exemption. The other thing that I wanted, I had a supplement that I had put in there was the City's, that top one right there. If you guys have this. This is the zoning permit. You guys all have a copy of this? If you read through this, what does it take to get a zoning permit and what do you need a zoning permit for? Very last item on the list is agricultural buildings so when we looked at this to build our agricultural horse shed we assumed that we would be able to, and reading through this it makes it sound very easy to go in and we'll get a zoning permit because it's an ag building. So that's what we assumed. Nowhere on here, which I would think this would be a great place to put, that you must have 10 acres to have an agricultural building. None of us knew that as homeowners that we needed 10 acres. That we live on agricultural land but cannot own an agricultural building. I don't get that and that's really something that should have been on this page if this is where I'm going to to find out what I can and cannot do. All variance requests are automatically denied by staff. So from the first day I went in to start working on this I was informed that no matter what, it doesn't matter what the findings are, it will be denied. Or that's what the request will be, to be denied. Once again it's, there's a frustration there that the city I live in doesn't feel like they want to help us in any way to do this other than to figure out how can we not let this happen. That's the only feeling you get and that's once again frustrating. And along those lines if I have to come in, in front of a committee that also views the same guide, guided plan for my property, how is that not a conflict of interest for that party to be able to decide what I do on my land. It's out there. It's guided. My land is guided differently than it was when I bought the land and in 2007 we know that changed. That's going to be the last issue that I'm going to bring up is that in 2007 these changes were made. How was I informed that that was going to happen? Does the council know how that happened? Aller: I'm sure there were noticed hearings. Robert Boecker: There was a public notice in the Chan Villager to tell us about it. Does everybody agree that is the best way to contact? How many homeowners are there that are affected by this? Are there 500? 100? Just a guess. Let's just throw a guess out there. Aanenson: Well it'd be pretty much the whole southern part of the city. It's every, anything that's zoned residential. This applies to anybody that has residentially zoned property so it's, which we have almost 9,000 homes in the city. Those are ones that have properties on them so it's the entire city that is residentially guided. Robert Boecker: And something like this that affects, we all agree this affects the value of our property immensely. The 2007 decision affects our property value immensely. Do we agree on that? Aller: I don't have enough facts to say I agree or not. Robert Boecker: Well, I'm going to put it out there that it affects us immensely and if we're not people that read the Chan Villager then we miss something that obviously affects a lot of us and I would venture to say if we sent out that, if we did do a mailer that in 2007 and put it out to vote, that should be changed. Should it stay as what it was voted on in 2007 or should it go back to what it was? I'm going to guess I'm going to know what that vote will come back as because people, it's getting to the point where the, we're all being cookie cuttered and you can't look at every single property the same and that's basically what's being done here and so that's why we're up here. We're asking, look at our property. It is special. We are bordered by wetlands on both sides. The only way our property is going to change when the sewer and water come in, is if a developer comes in and buys us all out and grazes us all and the chances of that happening, that's not actually for the City to decide. That's the market. The market's going to decide because if it's there. If it's worth it then it will happen but otherwise us having an addition like this is not going to change that at all. And like I said if I wanted to decide to develop it, I'll just take this structure and tum it into a home and there should be no issue with that. So with that, do you have any questions? Aller: I do. Robert Boecker: Yep. Aller: I mean you said you read this thing about agricultural buildings and the zoning permits. Why didn't you go in and get a permit? Robert Boecker: Why didn't I go in and talk to them about a zoning permit? Aller: Any permit. Robert Boecker: Our plan was to go in and talk to them about it but we had already started the process of trying to get all the numbers together of what this was going to mean for us to do this project and we had a window to get in. We took it and we thought this would be no big deal and it's obviously a big deal. Aller: Okay. And then you said nobody asked you. I'll ask you, what do you do for a living? Robert Boecker: I am actually a reclaimed wood broker. I buy reclaimed lumber. Salvaged lumber and I ship it all over the United States and I resale so I'm basically a wholesaler. Aller: Is it your intention to store that lumber on this property. Robert Boecker: No. We ship directly from our site. Wherever I source it at, we pay another company to do the actual removal. It gets prepped and then it gets shipped to the site. So I do have an in-home office that I work out of and that's where I do all my business. Aller: And then these other businesses, Boecker Properties, LLC. Robert Boecker: That is, when my wife used to be in mortgages and we owned multiple investment properties and we put all our investment properties under our LLC so that LLC is actually still sitting there. When the market tanked we sold those properties but it's sitting there in case we ever decide to jump back. Back into that. Aller: And then Devaan-Sellers. Robert Boecker: Devaan-Sellers and. Aller: And Cheap Thrills. Robert Boecker: Cheap Thrills is I collect motorcycles. I have multiple motorcycles and I have two friends that actually have motorcycles and equipment at my house and we actually set those up so that we could purchase parts because we can't just go in and get special pricing. So they're basically shell companies set up so that we can get the pricing that we want on the parts. Aller: So you're buying and selling parts out of your residence? Robert Boecker: No, we restore bikes. So but that's not to say that parts don't get sold. When I restore a bike I'll sell it, everything off of it that I don't re -use so whether, if you look at that as a business that I'm doing that for business purposes. It's the same as if I'm working on truck. Take a fender off. Put a new one on and put that fender on Craig's List. Am I running a business? So. Aller: I would think so. Robert Boecker: If I sell an old fender off of a truck that I fixed and I put it on Craig's List and sold it? Aller: It depends on how many you're selling. Robert Boecker: I'm doing that one truck so it's. Aller: Okay, so for that one part you're incorporating? I mean that's what I'm having a hard time. Robert Boecker: No, no, no, no, no. Aller: Is that the Secretary of State lists these as working LLC's at your residence. Robert Boecker: As LLC's. Correct and you need. Aller: With the place of business listed as your residence and with a manager by the name of Eric Devaan. Robert Boecker: Yes, who is my friend who races and the whole, what I just said was that in order to purchase parts at wholesale prices you need that entity set up. Otherwise they will not set you up. Those are set up for that reason so that we can purchase those parts. Aller: And the bikes that the parts go on are in your shed. Robert Boecker: A collection and raced, yes. Aller: Okay. Robert Boecker: And crashed and replaced again. Aller: Alright. Any other questions from anyone else at this point? Undestad: Just one here. Aller: Sure. Undestad: Yeah, the four buildings, the out buildings you have, two of them are. Robert Boecker: The first building that they talked about, we don't have a garage attached to our house so the first one is a detached, three car garage so as far as I'm concerned that's all, that's our everyday driver cars. Undestad: So that's number 1 up there? Robert Boecker: Yeah. Yeah, so that'd be number 1. Undestad: Okay. Robert Boecker: Yep. Well we're doing the numbers so if you put up the other one with the numbers that will be, there. So the number 1. Undestad: Is your garage. Robert Boecker: That's our regular garage and we park our cars in every day. Number 2 is the one that we are proposing to add onto and that's where you saw the pictures of the bigger doors and the alone door is where I work on whatever equipment breaks down. Whatever I'm working on at the time. The other bay next to it is where I store all motorcycles. Everything that has to do with that is in that spot. The hoop house has my unrestored cars. Unrestored snowmobiles. No. That's the hoop house. That's all the unrestored items that and extra stuff that I may need because if that, you know if it collapses or whatever. And then the next structure, if Bob goes to that, that's where my nice products are. My nice cars and my motor coach too. Undestad: So you don't use any of these for agricultural right now? Four buildings. Robert Boecker: No. No, I can't grow on my land. I can't do anything like that so, and when they were permitted they were permitted for personal storage. Not as agricultural buildings. This is the only one that we've applied for as an agricultural building. Undestad: Okay. Robert Boecker: Anything else? Aller: Questions? Hokkanen: Can you clarify the 10 acres zoning? What was that? Aanenson: That's for agricultural purposes. That's the farming component. I mean you can have a horse stable on less than that. Hokkanen: That's what I thought. Aanenson: So we do allow certain animals to be housed so for 10 acres would be if you had something more, if you wanted sheep or something like that but to have a horse stable you can have less than the 10 acres. Hokkanen: That's what I thought. Robert Boecker: I had just one more thing then. Along with Mark asking about the different sheds. Let's just take the property right next door tome. Riegert who did get a variance approved. Let's say I bought their house. It does have an attached two car garage and I decide I want to have horses. So I put up a 1,000 square foot structure. No big deal. That all goes through. Now my wife and I and my 2 kids are into snowmobiling. We all go out and buy brand new sleds. Put them on our four place trailer. I cannot build a building to put that in. I cannot put them in my horse structure. My horses. My horse trailer. My feed is taking up that 1,000 square feet so I would live on 5 acres where I can have those 2 horses but I can't have anywhere to put anything, if I have any type of hobby, there's nowhere for those items to go. Where does staff suggest I put those? Undestad: Can't that be in an attached though? Right I mean you can. Aanenson: Absolutely, if it's attached to the principle structure then it's not considered an accessory structure. Some people do have 5 car garages that are attached... Robert Boecker: Well we're looking at the property right next door to me with, we're only 155 feet wide. There would be no room to add that on. That wouldn't work. So if I attach this structure instead of to the pole barn, if I attach it to my house, this would have been acceptable? Aller: What are the setbacks? Generous: If it's not an accessory structure, if it's part of the principle structure. And then the setbacks are 50 feet on the front... Robert Boecker: That's interesting. Obviously I'm not going to put horses attached to my house but. Aanenson: And I'm not sure what the building code would be on that then too. I'm assuming it would be different standards for construction if it's attached to the principle structure. Robert Boecker: But do you see how this is, obviously we're unique. Our area is unique. It should be treated unique. It shouldn't just be cookie cutter 1,000 square feet so. Any other questions? Aller: No. Thank you. Robert Boecker: Thank you. Aller: At this time I'll open the public hearing portion of the meeting. Anyone wishing to come forward speaking for or against this item can do so at this time. No one wishing to come forward? No one coming forward, we're going to close the public hearing portion. Oh. Sir come on up. State your name and address for the record. Greg Falkner: Greg Falkner, 720 West 96d' Street. Right down the road from the Boeckers. Aller: Welcome Mr. Falkner. Greg Falkner: Yes. I have been here before you. You may remember my case and you know it is frustrating and stuff and I see where Bob's going with this. I would like to say one thing and that is, a lot of have been here before 2007 and these rules didn't apply at that time so it's really hard for us to swallow it now and if you just understand that, it is different. I mean if I had known what I know now back then I may have made some different choices but you know we're dealing with the 2007 as much as we can. I'd like to say we are grandfathered in but clearly we're not but I mean we did have different opinions of our property until this 2007 so you know I understand where you're coming and I understand where Bob's coming but if you guys could just give that a little bit of thought you know because it is real unique property. When I found it in '96, I mean I was ecstatic and I'm still ecstatic about it. I love it. It's a way of life for us you know and I treat it well and everybody else on the street does too and we all get along very well and I don't think that anybody has really made too many complaints in our neighborhood against anybody in the neighborhood because I've never heard of anything and it is a dead end street but you know I just don't know if what Bob's proposing is really going to make a difference at this point. If it is going to be turned into something different in the future where somebody buys us all out, which would be extremely difficult since I mean I just built my house 4 years ago. I have a hard time believing that somebody's going to come in and give me what I want for it at this point so. And there is swamp on both sides. There is swamp. They're going to have to deal with swamp because that is what's on both sides of the street so thank you. Aller: Thank you sir. Anyone else wishing to speak either for or against the item? Seeing no one come forward, close the public hearing. I'll open it for commissioner comments. Discussion. Aanenson: Chair can I just add one thing? Aller: Yes. Aanenson: This isn't Bob's position paper. Bob wrote the staff report. This is the staff's recommendation so as a planning Community Development Director, I read this. The City Manager reads the staff report so this is coming up through the staff's recommendation. Aller: I think we all understand that. Aanenson: Okay. Aller: Thank you for pointing that out though for the public because they may not have realized it at this point so with that we'll open it up for discussion. Comments. My first blush reaction quite frankly was he didn't ask for permission. He didn't ask for a permit. Take it down. I think he made some valid arguments. I think the community is interested in knowing where it goes so I'd like to hear some discussion on those other factors to determine whether or not a variance would be appropriate under these circumstances. Weick: When in doubt I tend to, and I am in doubt, but I do tend to go to the Findings of Fact as a guide and to see are there any conditions of the variance that are met or are not met and they, the Findings of Fact list 6 of those one doesn't apply. One is met and in my opinion four are not under this, even with all the considerations and everything we've heard today and so that, I mean that tends to guide my thinking when there's 4 of 6 that are not, that don't appear in my opinion to be met for a variance. Aller: Any other comments? Hokkanen: I do want to point out, these are very unique properties and I do feel, I understand their frustration. I understand the whole 2007 change. I wasn't here at that time so I can't comment on that but if you purchase your home or your property with certain expectations you think that's going to go through for the whole time that you own your property no matter what that case may be so I understand that frustration on that part. How it applies in this particular situation I kind of agree we're missing some components here. Just my but I do understand their frustration and it is a very unique area. Aller: I agree. Hokkanen: Of the city. I mean it's, that's part of what makes Chanhassen a great place to live. Aller: And this isn't the first one in this area that we've had to deal with. Hokkanen: No. No. Aller: Just on a much smaller scale where people were looking just to expand by a couple hundred feet here and there. Hokkanen: Right. Aller: And to expand an already existing use as opposed to creating a new use. Hokkanen: I agree with that, yeah. Aller: Any additional comments? Questions. Concerns. Undestad: Yeah I don't know. I'm kind of in the same boat is how do you pick and choose? You know I mean yeah, it's tough because again it's, if you've got acreage you want to do that kind of stuff but you know, I don't know how we can pluck one out here and say yes and one here and say no and you know at what point does, and again we talked about this before. Getting all these buildings going up at the same time so, you know and I think that if we had somebody here that didn't have any buildings on there and everybody else did, well then we look at the one in there. Four buildings, he's got a lot of square footage on there and none of them are for agricultural right now but I guess I'd have to agree with the Findings of Fact on this too. Campion: I had one question. That building number 4. The one where we, there wasn't a history of the permit. When was that built? Robert Boecker: 2006. And it does meet setbacks. Aller: Further? Yusuf: I just have one question. Aller: Sure. Yusuf: We understand your hardship and the situation that you're faced with. I'm just wondering whether staff has made any recommendations or alternate proposals that might help to fit the need or is there a way to maximize the use of the existing structure so you could accomplish your goal without the add on? Generous: Commissioner. No, we didn't recommend any alternatives if you will. We did ask if he could use the existing structures for his stable. Yusui And the response was? Generous: Was no, he wanted to keep it separate with the hay and other critters possibly getting into it and so he has a separate unit if you will for that operation. Aller: Which is I think what his testimony was and I think it's a very understandable one. If you're rebuilding and creating things then you don't necessarily want mice and other things going into your component so I think the big question is, does it meet the requirements of the variance and does it fulfill any of the exemptions for purposes of agricultural use. Tennyson: It doesn't meet the requirements of a variance in general. That's the problem. Robert Boecker: Could you read those out? Tennyson: I'm referring to the same, same information that Commissioner Weick was talking about. The six things in the Findings of Fact starting on page 1 of Findings of Fact and going (a) through (f). Those are the legal requirements. Trying to find a Finding that meets those legal requirements of a variance including practical difficulties which is sometimes called a hardship. And the one that didn't apply was related to earth sheltered construction. These Findings are what we need to go to when we try to look at a variance. Does it meet the requirements of the variance because a variance is a really unique thing itself. Even though the property is unique, so is a variance and that's the problem for us. Robert Boecker: Can I just, I guess I'd have to say the uniqueness as we talk to the property I believe also makes it that much tougher for Findings to support you know doing what we're looking to do in our area. I don't want to be on your side either. Trying to figure out a why. As residents purchasing in 1997, purchased under a certain assumption that this is where I'm going to grow up. This is probably where I'll retire and when I sell this house I'm probably going to Florida and that's changed now and really I had no way to not let, it happened. 2007 happened. Even if you had mailed each one of us, I don't know for sure you know what the outcome. I guess none of us would have known but I think it's to the point now where too many things. As you say there's more and more of this coming up and this happening where it should be pointing out that you know, this is actually a problem. What was done in 2007, maybe we shouldn't have cookie cuttered everything and just treat, and just say everything has to match this because we are Chanhassen. We are unique and there's a reason that we want to keep and have all these areas. I believe having us looking the same in 2030 and our neighborhood look the way it does now, the way we keep it would be great. But I don't think staff agrees. Aller: Any additional comments? Undestad: Well I mean just to comment on that. You know I think part of the, when we go through rezoning and then we look at these comp plans and things like that. Now as the city grows it does change and it does need to have changes made and the only way that we can put those out is in the newspaper. Public notifications and things and that's when we need everybody to come back in and say, wait a minute. I'm not sure I like that. If everybody, if they don't read the paper they don't get the notice. Maybe the neighbors don't tell them but it's really our only way of getting that out there. And that's why we do the publications so changes have to be made. We send them out and you know when we adjust a zoning it gets adjusted and that's what we've got to live with for a while here so. Aller: Anything further? I'll entertain a motion. Weick: I will. Aller: Commissioner Weick. Weick: The Planning Commission denies the variance request. Direct the applicant to demolish the horse shelter, quote unquote, expansion and adopt the attached Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Tennyson: I'll second. Aller: I have a motion and a second. Any further discussion? Weick moved, Tennyson seconded that the Chanhassen Planning Commission acting as the Board of Appeals and Adjustments denies the accessory structure variance request, directs the demolition of the "horse shelter" expansion and adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Page 1 of 2 From: Bob Boecker [bob@boeckerbiz.com] Sent: Monday, November 24, 2014 8:30 PM To: Generous, Bob Subject: RE: Appeal Yes, we are willing to Waive the city's review period until February 23rd, 2015. From: Generous, Bob[mailto:bgenerousColci.chanhassen.mn.us] Sent: Monday, November 24, 2014 2:17 PM To: bob@boeckerbiz.com Cc: Aanenson, Kate; Ingvalson, Drew Subject: FW: Appeal Robert, Could you also waive the City's review period to the February 23, 2015 City Council meeting? Otherwise, we need to make a final decision by December 16, 2014. Thank you. Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O.Box 147 Chanhassen, MN 55317 (952)227-1131 bgenerous@ci.chanhassen.mn.us Chanhassen is a Community for Life— Providing for Today and Planning for Tomorrow From: Aanenson, Kate Sent: Monday, November 24, 2014 2:11 PM To: Generous, Bob Subject: FW: Appeal From: Bob Boecker [ma iIto: bob@boeckerbiz.coml Sent: Monday, November 24, 2014 12:30 PM To: Aanenson, Kate Subject: Appeal Kate, Robert, Drew, We would like to appeal the Planning Commission decision regarding our variance request, case 2014-33. Please schedule this appeal to appear in front of the City Council on February 23rd. Please reply to this e-mail to confirm we are scheduled. file:///G:/PLAN/2014%20P]anning%20Cases/2014-33%20610%20 West"/o2096th%20Stree... 2/13/2015 Page 2 of 2 Robert & Christin Boecker 610 West 96th Street Chanhassen, MN 55317 11/24/2014 file:///G:/PLAN/2014%20Planning%20Cases/2014-33%20610%20 W est%2096th%20Stree... 2/13/2015 ®Chapin Hall Attorney I care. I can help. I get results. February 13, 2015 Mayor Denny Laufenburger Bethany Tjornhom Jerry McDonald Elise Ryan Dan Campion Re: Robert and Christin Boecker 610 West 96° Street CCL File No.: 1233.001 The Commons Minnetonka, Suite 204 952.200.9407 14451 Highway 7 chapin@mchapinhall.com Minnetonka,MN 55345 mchapinhall.com VIA EMAIL: councilOci.chanhassen.mn.us Dear Mayor Laufenburger and Chanhassen City Council: Chapin Consulting, LLC represents Robert and Christin Boecker regarding their variance request at 610 West 96• Street. The Boeckers variance request is currently scheduled on the City Council Agenda for Monday, February 23, 2015, as item 2, under G. NEW BUSINESS: 2. 610 West 96th Street: Request for Variance for an Accessory Structure in Excess of 1,000 sq. ft. on approximately 4.5 Acres zoned Agricultural Estate (A-2); Applicant/ Owner: Robert and Christin Boecker. Virtually identical variances have been approved for neighboring property. Most recently, on January 20, 2015, the Planning Commission approved: 750 West 96th Street - Planning Case 2015-02 Request for a Variance for an accessory structure in excess of 1,000 square feet on approximately 2.5 acres of property zoned Agricultural Estate (A2) and located at 750 West 96th Street. Applicant: Carissa & Steve Haverly Tennyson moved, Hokkanen seconded, that the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, approves Planning Case #2015-02 for a 1,440 square foot stable for a total area variance of 507 square feet, subject to the usual conditions and adoption of the Findings of Fact and Decision. On February 9, 2015, you accepted the variance as part of Agenda item D, CONSENT AGENDA: 2. Receive Planning Commission Minutes dated January 20, 2015 There is a long history of approving the kind of variance sought by Robert and Christin Boecker, including: December 10, 2012 o A2 variance for accessory structure requested by Greg and Tammy Falconer, 720 West 96• Street. Tjornhom moved, McDonald seconded, and Council approved 5-0 the variance to expand 520 square feet of non -conforming space. October 8, 2012 o A2 variance for accessory structure requested by Greg, Andrew, and Shannon Reigert 620 West 96- Street. McDonald moved, Ernst seconded, and Council approved 5-0 the variance to allow 2560 square foot non -conforming accessory building. Another way to resolve this ongoing issue would be to approve an amendment to Section 20- 904. - Accessory structures. A proposed amendment is attached to this letter. I look forward to meeting with you next week before the February 23, 2015 City Council meeting. Please advise of your availability. Thank you. Sincerely, %K &"t#N s 4a M. Chapin Hall Attorney Chapin Consulting, LLC MCH/wbf cc: Robert and Christin Boecker • Sec. 20-904. - Accessory structures. (a) A detached accessory structure, except a dock, shall be located in the buildable lot area or required rear yard. No accessory use or structure in any residential district shall be located in any required front, side or rear setback with the following exceptions: (1) In the A2 with lots less than four acres, RR, RSF, RLM and R4 districts accessory structures shall not exceed 1,000 square feet. In the RSF, RLM and R4 districts these structures may encroach into the rear setback as follows: a. Less than 140 square feet, minimum rear setback is five feet. b. One hundred forty-one to 399 square feet, minimum rear setback is ten feet. C. Four hundred square feet and above, minimum rear setback is 30 feet, except in the RLM district where the minimum rear setback is 25 feet. (2) In the A2 district, with lots fours acres or larger, accessory structures may not occupy more than 20 percent of the yard in which it is built. (2) (3) On riparian lots, detached garages and storage buildings may be located in the front or rear yard but must comply with front, side and applicable ordinary high water mark setbacks and may not occupy more than 30 percent of the yard in which it is built. (3) (4) Tennis courts and swimming pools may be located in rear yards with a minimum side and rear yard setback of ten feet, but must comply with applicable ordinary high water mark setbacks. February 24, 2015 CITY OF 7700 Market Boulevard Robert & Christin E. Boecker PC Box 147 610 West 9e Street Chanhassen, MN 55317 Chanhassen, MN 55317 Recreation Center If you have any questions or need additional information, please contact me at 2310 Coulter Boulevard (952) 227-1131 or bgenerous(d,ci.chanhassen.mn.us. Phone: 952.227.1400 Fax: 952.227.1404 Res ly, Planning Natural Resources Phone. 952.227.1130 Fax: 952.227.1110 Robert Generous, AICP Public Works Senior Planner 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager Senior Center Jerry Mohn, Building Official Phone: 952.227.1125 Drew Ingvalson, Planning Intern Fax:952.2271110 website c: Building File 610 West 96th St. www.d.chanhassennn.us 9:\plan\2014 planning cases\2014-33 610 west 96th meet varianc6lener of denial.doc SCANNEL Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Re: Variance Request for Accessory Structure Administration Phone: 952.227.1100 Plein Case #2014-33 g Fax:952.227.1110 Dear Robert and Christin Boecker: Building Inspections Phone. 952.227.1180 This letter is to confirm that on February 23, 2015, the Chanhassen City Council Fax: 952.227.1190 denied your accessory structure variance request and directed that you comply with Engineering city building requirements, which require the removal of the building expansion that Phone: 952.2271160 was started on the north end of the accessory structure. You will need to contact Fax: 952.227.1170 Jerry Mohn at (952) 227-1199 or by email at imohnAci.chanhassen.mn.us to discuss the requirements for this removal. Finance Phone: 952.227.1140 City Council further directed that if you choose to resubmit to the city with a variance Fax: 952.227.1110 request for a separate building, any associated fees for that variance application shall Park d Recreation be waived. However, any new construction will be an expansion of a nonconforming Phone: 952.227.1120 situation. You will still need to meet all the requirements of review for a variance Fax: 952.227.1110 application. Recreation Center If you have any questions or need additional information, please contact me at 2310 Coulter Boulevard (952) 227-1131 or bgenerous(d,ci.chanhassen.mn.us. Phone: 952.227.1400 Fax: 952.227.1404 Res ly, Planning Natural Resources Phone. 952.227.1130 Fax: 952.227.1110 Robert Generous, AICP Public Works Senior Planner 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager Senior Center Jerry Mohn, Building Official Phone: 952.227.1125 Drew Ingvalson, Planning Intern Fax:952.2271110 website c: Building File 610 West 96th St. www.d.chanhassennn.us 9:\plan\2014 planning cases\2014-33 610 west 96th meet varianc6lener of denial.doc SCANNEL Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Chanhassen City Councilq_ebruary 23, 2015 • 23. Pretreatment shall be provided for all filtration basins accepting water from driving and parking surfaces. 24. A planting plan for the filtration features will be required before recording the final plat. 25. It is the applicant's responsibility to assure that permits are received from all other agencies with jurisdiction over the project. 26. Topsoil shall meet, at a minimum, MnDOT specification 3877-2 "Loam Topsoil Borrow". 27. It is the applicant's responsibility to assure that permits are received from all other agencies with jurisdiction over the project. Planning Conditions: 1. The applicant shall work with staff to improve the screening of the southwesterly portion of the site through the use of berming and landscaping. 2. All rooftop and ground equipment must be screened from views. The site is permitted one monument sign facing Great Plains Boulevard. Sign illumination and design shall comply with ordinance. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you staff and development and Ebenezer. We're looking forward to having you being a vital element of this community. Thank you very much. 610 WEST 961 STREET: REOUEST FOR VARIANCE FOR AN ACCESSORY STRUCTURE IN EXCESS OF 1.000 SQUARE FEET ON APPROXIMATELY 4.5 ACRES ZONED AGRICULTURAL ESTATE (A2): APPLICANT/OWNER: ROBERT AND CHRISTIN BOECKER. Kate Aanenson: Thank you Mayor, members of the City Council. This item is a request for a variance that appeared before the Planning Commission back in November. The applicant asked to be extended to this date, February 23nd and the reason it's before you today is that it didn't have the super majority for the Planning Commission. Therefore it was appealed by the applicant. It was denied. Excuse me, it was denied by the Planning Commission but the applicant has the right to appeal any decision. The location is 610 West 96d Street. The subject site again off of, gets access off of West 96s' Street and 101. This is Pioneer Trail. So this is the subject site here. So the property is requesting a variance to construct 38.5 foot by 48 foot horse shelter expansion which is approximately 1,848 square feet on the existing pole barn and 11 foot by 24 foot day shelter. So the existing, the city code that applies to this would be structures. That was adopted in 2007 that says you can't exceed 1,000 square feet and then also the agricultural district, the A2 district has four accessory structures that he already has a combined square footage of 12,706 and with the expansion there'd be 14,818 square feet. So the history of this property was in 1986 a permit was given for the 24 by 20 garage. That's number 1. In 2000 22 SCANNED V Chanhassen City Council February 23, 2015 • the City issued a permit for the 48 by 72. That's number 2. And then in number 3, in 2002 the City issued a permit for a 48 by 100 steel arch building and number 4 we didn't have record of a building permit being issued for that one. And this is the request before you now. This issue, a stop work order was issued on it after we received a complaint from someone that stated that a structure was going on so. So a history of variances in the neighborhood. Most recently the Planning Commission did approve one on this property for a horse bam and that was just slightly over the 1,000 square feet. But then you can look at the variances here for the 7,120 square feet. That structure was denied. And then a variance for 1,800 square feet, accessory structure was approved on this building here. And then on this subject site there was a 2,560 square feet approved on this site here. And then just in that same area, this is off of Homestead Lane there was approval for a variance for 1,177 structure so just kind of to give you the sense of what's in the area. So this one, the subject site is the largest as far as square footage of accessory buildings in the area and again when we adopted the ordinance was to limit the proliferation. If you look at agricultural use and not being able to operate a business out of your home, the intent was there. If it's for agricultural purposes. For people that have horse barns. People that have those type of activities related to the property itself, agricultural. So we looked at prohibiting those and if they came to the Planning Commission, if they were over on a case by case basis. If it met the intent of the ordinance just like the last one the Planning Commission looked at was for 4 horses. They did grant a variance on that. Making it large enough for the owner to keep hay in the barn. So that's kind of again a history. I'm not sure if you can see all those square footages if you want to go through but you start at, most of them on the north side. 2,000 square feet. 3,000. 4,000. 4,000. 1,300. Again this subject site being the largest. So the applicant is requesting again to add onto the existing structure intended for agricultural purposes, as they've stated in their application. Existing building with the addition on the site. Mayor Laufenburger: So just a moment. Are we looking at what you identified as building 2? Kate Aanenson: Correct. Mayor Laufenburger: Okay. And this is a picture that was taken when? �0t Kate Aanenson: Last fall. Mayor Laufenburger: About the time of the stop work order. F% Kate Aanenson: Correct. ) �� Mayor Laufenburger: Okay. Kate Aanenson: There's a close up of that. So this is the existing other, existing storage building. Mayor Laufenburger: Which one is? Kate Aanenson: This is I believe the one that's furthest. 23 Chanhassen City Council*February February 23, 2015 • Mayor Laufenburger: South. Kate Aanenson: Most southerly one, correct. Mayor Laufenburger: Okay. Kate Aanenson: And then this would be the one that we didn't have a record of permit on. Mayor Laufenburger: Okay. Kate Aanenson: So with that the Planning Commission denied the variance request and directed the applicant to demolish the horse barn shelter expansion and adopt the Findings of Fact 7-0 so they were unanimous in their recommendation so again the applicant has requested appeal which as anybody aggrieved of a decision has a right to appeal and requested to be on this one. This meeting date. So with that we are still recommending denial of the variance request and still recommend the demolition and adoption of the Findings of Fact so I'd be happy to answer any questions that you have. Mayor Laufenburger: Okay. Before I ask the applicant to come forward, are there any questions of staff at this time? Councilman McDonald. Councilman McDonald: Ms. Aanenson, I'd like to get a clarification. You said a stop work order. Was that because you found out that construction of a building was going on? Kate Aanenson: Yes. We were informed by someone that there was a building going on. Councilman McDonald: Okay so no permit had been pulled for this building that was under construction. Kate Aanenson: The addition, that's correct. Councilman McDonald: Okay, thank you. Mayor Laufenburger: Any other questions? Councilwoman Tjornhom. Councilwoman Tjornhom: Yeah, is it okay if we go back to the picture of, okay. So according to the Planning Commission you know they denied the request for the variance and action will be to demolish what we see under construction right now, is that correct? Kate Aanenson: That's correct. Councilwoman Tjornhom: Could he just leave it the way it is or does behave to take down every, I mean what has to go? Kate Aanenson: Well I guess. 24 Chanhassen City Council•bruary 23, 2015 • Councilwoman Tjomhom: If that would be something council, the direction council would go. Kate Aanenson: Well the additional part that was put on is that area there. That was what their recommendation was. Councilwoman Tjomhom: Okay so starting from where the framing starts. Kate Aanenson: Yeah, correct. And I didn't show the, let me just back up. Where the other, oops. Sony. I'll go to the slide that showed the areas here. We talked about the additional 264 square feet that was also shown on this site. Mayor Laufenburger: Is that 264 square feet, is that, that's part of this request as well? Kate Aanenson: That's correct. Mayor Laufenburger: Okay. Kate Aanenson: I'm sorry I didn't, I jumped over that but that's for that one shown. Councilwoman Tjomhom: I'm sorry, I'm not understanding that. Can you go back? Kate Aanenson: That one's kind of an open area to give you a cover. So it's really just a roof and structure. It's not enclosed. Councilwoman Tjomhom: Okay. Kate Aanenson: I'll let the applicant addressed specifically more how that's being used. Councilwoman Tjomhom: Okay. Mayor Laufenburger: Any other questions of staff at this time? Councilwoman Ryan: I do. Is there a maximum accessory structure and where is? Kate Aanenson: The City ordinance in this district allows 25 percent. I just add up the accessory structure and you're close, with what's being proposed. What's there right now, just the accessory. Not the house is close to 20 percent. Excuse me 17 percent. With the addition you're close to 20 percent. That doesn't include the house and I took off what's on the wetland because we don't count the wetland area towards the upland so you're getting close to the 25 percent. Councilwoman Ryan: So is it, was it denied or was the issue the size of the structure? The number of structures. The fact that a permit wasn't pulled. Kate Aanenson: The fact that the permit wasn't pulled wasn't the main point. I mean that's important because we have no record of a permit on another building there but the main point is, OR Chanhassen City Council •ebruary23, 2015 • we have a limit on accessory structures. This one has by far the most accessory structures. The reason we limit those is because if they're for agricultural purposes people have horses and the like, that's what the proposed intent is. Not for other types of activities. One of our biggest problems that we have is other types of uses out of accessory structures. Any business and the like has to be in the principal structure and it can't be in an accessory structure. Often these types of uses become, these types of buildings are used for commercial businesses and those become a complaint problem so that's why we went back. We were having a number of problems with those and so we went back in 2007 and regulated those. Controlled those so we know what they were, who was building them and what they were for. Mayor Laufenburger: But isn't it true, to piggyback on what Councilwoman Ryan is asking, the ordinance that limited the accessory structure size in 2007, if structures were in place prior to 2007 do we have any record where we went in and said you have to take a structure down? Kate Aanenson: No. We're not saying that. Mayor Laufenburger: Okay. So that would essentially, would that qualify as quote, legally nonconforming? Kate Aanenson: Correct. I would say except for the one. Mayor Laufenburger: The building. Kate Aanenson: The buildings, yeah. Except for the one we don't know about the permit, yes. The other one, there's two that were permitted. Those are nonconforming. Legal nonconforming, correct. Mayor Laufenburger: Okay. So in that case let's based on what we're looking at right now, Building 1. Building 2 and Building 3 clearly legally nonconforming. And though Building number 4 we don't have record of that being built, if it was in place prior to 2007 would it be automatically called legally nonconforming? Kate Aanenson: I would have the City Attorney address that question. Mayor Laufenburger: Mr. Knutson, can you answer that question? Roger Knutson: If it met the requirements of a zoning ordinance at the time when it was built then it would be legally nonconforming. Kate Aanenson: But it didn't get a permit. Roger Knutson: That, the issue on the permit depends on if you're building an agricultural building for agricultural purposes as a defined term you don't need a building permit. Mayor Laufenburger: You mean prior to 2007? 26 Chanhassen City Council February 23, 2015 • Roger Knutson: Now. Even now. Mayor Laufenburger: Even now. An agricultural building does not need a building permit. Roger Knutson: That's correct. Mayor Laufenburger: If it's in an agricultural zone. Roger Knutson: That's correct. Mayor Laufenburger: Thank you Mr. Knutson. Okay, Councilwoman Ryan I intercepted your question there a little bit. Councilwoman Ryan: No. I Mayor Laufenburger: You're okay? Councilwoman Ryan: Yes I'm good Mayor, thank you. �� r Mayor Laufenburger: Okay, alright. Anybody else any questions? Is the applicant present tonight and would the applicant like to make a comment? State your name and address please. Chapin Hall: Yes. My name is Chapin Hall. I'm an attorney from Minnetonka, Minnesota and. Mayor Laufenburger: What's your address Mr. Hall? Chapin Hall: It's the Commons Minnetonka, Suite 204, 14451 Highway 7, Minnetonka 55345. Mayor Laufenburger: Good. I think our recording secretary got that. Chapin Hall: Okay. Mayor Laufenburger: Thank you. And Mr. Hall, are you the applicant? Chapin Hall: I am representing the applicants. Mayor Laufenburger: Okay. Chapin Hall: Mr. Boecker is here as well and I'd just like to say it's my pleasure to be here tonight and it's my privilege to represent Robert and Christin Boecker regarding this variance request. I believe the staff has done a great job of giving sort of the history and what I'd like to do is just touch on the history. Talk about sort of the big picture and then drill down to the details on this variance if I may. Mayor Laufenburger: Okay Mr. Hall I just want to remind you of a couple things. Number one, be sure to address your comments to me. 27 Chanhassen City Council February 23, 2015 • Chapin Hall: Yes. Mayor Laufenburger: And number two, be aware of the fact that the council has reviewed the packet which includes comments and the verbatim from the Planning Commission and so what we are most interested in is if there's some new information. Chapin Hall: Perfect. Mayor Laufenburger: Okay? Chapin Hall: Thank you very much. Let me then address the first issue which was the four existing accessory structures were all in place as of May 29, 2007. That's when Section 20-904, the accessory structures had the amendment that then said okay we're going to limit that to 1,000 square feet. So essentially where you'd say legally nonconforming, the way I would describe that is they were sort of grandfathered in. That's another way of saying the same thing. Mayor Laufenburger: Okay. Chapin Hall: So these structures were grandfathered in. So let's talk about the concern about that amendment. The concern is that the accessory structures may be used in conjunction with home occupations. They become a common cause of complaints, traffic, parking and noise. But in this case the Boeckers have never had a complaint and furthermore the Boeckers do not use their accessory structures in conjunction with a home occupation. There was some concern at the Planning Commission level about some of that and a couple of Mr. Boecker's business associates used his address as a delivery place. That's all come to an end so there isn't any occupation that's going on with the accessory structures. The next concern that's raised is that the property may be sold in the future and the new owner may want to run a business out of these accessory structures. Great concern. Easily understood. However it just simply doesn't apply in this case and this is why. The four accessory structures already exist on the property. The proposed addition, keep in mind the proposed addition is for a horse stable. That's what the addition is and so whether or not, let's just say that the council turns down the request for a variance. Those four accessory structures are still going to be there. Some day when the Boeckers sell the property, whoever the new owner is, those accessory structures are going to be there. That person is or isn't going to run an occupation out of that based on a horse stable. Now the Boeckers specifically purchased this property with the goal of having horses some day and they believe as their neighbors all agree that having horses in this part of the city is perfectly appropriate. And in fact the City has specifically determined that a variance for a horse stable is one, an appropriate use of an accessory structure in keeping with the character of the neighborhood and two, entirely consistent with the 2013 Comprehensive Plan. And the reason we know this is because the council has approved such projects. The projects that we talked about, the other variances that have been granted. Mayor Laufenburger: Mr. Hall I think we're clear on what other variances have been approved so you can skip over that portion of your presentation. W Chanhassen City Council February 23, 2015 Chapin Hall: Thank you. So let me move then specifically to Section 20-58. These are the specific criteria for granting a variance and there are 6 specific criteria. I'm sure Your Honor and the council is familiar with them. Number 6 doesn't apply. That applies to earth structures and we don't have that here and neither did any of the other ones. And so when we look at number 1 where the variance shall only be permitted where they are in harmony with the general purposes and intent of the chapter and when the variances are consistent with the Comprehensive Plan. This proposed variance is precisely in harmony. The proposed variance has identical architecture to the already existing building to which it is an addition. We saw the picture of it there. You can hardly even tell where the roof line is and where the change is. It fits right in. And the use, which is a stable for horses has already been approved via variance request approval for other neighbors in the A2, Agricultural Estate District. So we know that the idea of a horse stable with horses in the A2 district, that's a good use. That fits in with the neighborhood. Therefore the Comprehensive Plan contemplates that horses being stabled in the A2, Agricultural Estate is consistent and also consistent just with the whole idea of the highest best use. And keep in mind that before any subdivision or further development can occur the City Planning Commission must be engaged in further oversight will occur so I invite and respectfully submit to Your Honor and to council that we not speculate about a potential future buyer running a business out of there. That we look at what's actually on the table now. I can tell you the Boeckers have a 2 year old son, Grayson. They plan to be around for a long period of time. The Boeckers propose to use the property in a reasonable manner not permitted by this chapter, and this is criteria number 2. And there is some new information since the Planning Commission because the Planning Commission did on January 20, 2015 approve a horse stable under very similar circumstances and I don't know if you have those Minutes but the Minutes from the January 20' are very instructive and part of it is because of the specific information that went into, there was more of an explanation about the needs of the horses and that was a case where you were looking at 4 horses on 2 '/z acres and there was a question about a variance, which was 1,440 feet. Square feet in that so there's no question it requires a variance. And what happened was, was that you need to have enough area for each individual horse to have their own separate stall and Carol Dunmore interacted with staff on that case and Carol Dunmore has interacted with the Boeckers on this case. And Ms. Dunsmore is in charge of inspecting stables and she explained that horses need enough room to have room to stand up and room to lie down and there needs to be enough room for each stall so that the horse is able to get up without getting stuck and the word to use is cast. Cast mean getting stuck under the stall. And also we need to take into account and part of the reason for the size of the project, there's two pieces to that that I want to emphasize is the Boeckers are looking to have 2 horses at the present time but they'd like to have enough space so that they could have 4 horses in the future. Add 2 more in the future, they've got that flexibility and so that's part of the size. They really don't want to come back and go through this again. Mayor Laufenburger: So it sounds like Mr. Hall then this particular point, you're trying to identify that this is the space that's needed for 2 and possibly 4 horses. Chapin Hall: Correct. Mayor Laufenburger: I agree. 29 Chanhassen City CouncilIebruary 23, 2015 • Chapin Hall: And for the feed. Mayor Laufenburger: Okay. Chapin Hall: And for the feed because they have to have a 5 month supply of hay during Minnesota winters because fresh hay won't be available and let's see. Going onto number 3, the purpose of the variance. It says the purpose of the variation is not based on economic considerations alone and that is certainly the case here. It meets this criteria. The purpose of the variance is to build a stable that will allow 2 horses adequately stabled. It's a quality of life issue. Just like the other horses that are stabled in the A2 lots nearby. And then the fourth one is the plight of the landowner is due to circumstances unique to the property not created by the landowner. The variance request here results from the grandfathered in structures and so when you look at this parcel, every other parcel whether it has as much accessory space or less accessory space, once you have May 291 of 2007 come in, all those parcels are the same and when you're talking about okay, I want to add something more than 1,000 square feet, it's got to go through the variance process and we just don't believe that the Boeckers should be penalized because they built perfectly appropriate buildings at the time. Now could they be building these buildings now? No, but they got, they were all in existence and got grandfathered in. So the plight of the Boeckers is the same as the Haverly's who were just approved by the commission on January 20'. And I know that no two cases are identical. I'm not trying to argue that you have to approve it because you approved the Haverly's but I think the Haverly's situation was very instructive. And then number 5, the variance if granted will not alter the essential character of the locality. The essential character will not be altered. The accessory structures are already there. Other stables are already there. Here we're talking about adding on a stable to the already existing pole bam. And so one other thing I just simply want to touch on is because I don't know if it's part of your packet but specifically the Planning Commission on January 20', and this was Senior Planner Sharmeen Al-Jaff and she indicated when she was talking about the staff report. However if you have an agricultural use that met the intent of the ordinance then it would be up to the Planning Commission and City Council to evaluate those situations and determine if that variance would be approved and in this case having horses on site is a use that is compatible with agricultural uses and again staff is recommending approval. And so the idea of a horse stable and horses on these, and again this is all in the A2, Agricultural Estate and I think that's very important. One other thing I just simply wanted to add in as well is, is that horses average about 1,000 pounds and they need to eat 2 percent of their body weight per day. That's about 20 pounds in normal temperatures and when the temperature gets below zero horses actually stay warm by eating more food. That's what's called a hindgut fermenter is where they use the bacteria in their digestive tract and a by product and that's how they heat up and stay warm. And so the whole idea is, is you can't put these horses in any of the other accessory structures that are there because it has to have certain building criteria to keep them warm in the wintertime. To allow air flow and to have it cool in the summertime so they can regulate their temperature so that the Boeckers can have enough room for 4 stalls and 4 horses which we know is the perfectly appropriate number because that was just approved on January 20`i so the number per se and to have the space to bring in the hay in the wintertime to adequately take care of the horses. I hope that addresses the concerns. I'm happy to answer any questions that Your Honor or the council may have. 30 Chanhassen City Council February 23, 2015 • Mayor Laufenburger: Does the council have any questions of Mr. Hall? Councilman McDonald: Mr. Mayor? Mayor Laufenburger: Mr. McDonald. Councilman McDonald: Well good evening and thanks for the walk through. It answers a lot of questions. Is the 1,848 square feet, is that for the horses or does that also include usage within that facility structure number 2? Chapin Hall: It's for the horses. It's to allow adequate room, more than adequate room for 2 stalls but enough room to have 4 stalls eventually if they so decide but it's to house the horses. To have the right size so they can lie down and stand up and to also have the hay in the wintertime where it's separate, away from other buildings. Away from the house so that adequate hay can be stored in for the wintertime and it's right there and handy. Councilman McDonald: Okay and 1 guess, you know you're probably familiar with, well I guess I'll call it cabin law in Minnesota about nonconforming structures that are within the boundaries of a lakeshore. Are you familiar with those laws? Chapin Hall: Yes I am. Generally yes. Councilman McDonald: And basically they're also nonconforming uses. However if something happens to one of those structures and you try to re -build it, you have to re -build it exactly as it was upon the footprint that was there. Would you agree with that? Chapin Hall: Yes, that's generally true. Councilman McDonald: Okay. Tell me how that differs on number 2 where what your client is doing is basically re -building structure number 2. At that point doesn't it lose some of it's status as being a prior nonconforming structure? He now needs to bring it up to code. Chapin Hall: Well what they're doing is the structure's perfectly good as is but what they're doing is they're adding onto it specifically for the horse stable and making it look seamless and beautiful so that, I've been out to the property and, because I wanted to take a look at all of this for myself first hand and when you stand there, that's a perfect pic. When you stand there, once this is finished off with the stables on the right hand side of the picture, you'll look at that and go, wow. That looks like it was all built all at one time. Councilman McDonald: However you know and there's case law against what you're arguing because if you go and try to add onto one of those structures it now has to conform with whatever the zoning regulations are which means a lot of people either tear down their cabins and move them back so they can do a bigger cabin or they don't add on. Chapin Hall: Right and what we have here is we don't have an encroachment on the lakeshore. We don't have any setbacks issues. 31 Chanhassen City Council February 23, 2015 Councilman McDonald: No, no I'm not saying you do. What I'm saying is, is that your argument is that this is a nonconforming structure. However you're now adding on to a nonconforming structure and what I'm asking is, well then doesn't lose it's nonconforming status at which point it must now conform to whatever the zoning laws are. Chapin Hall: I would disagree with that because it's an addition on to comply with the Comprehensive Plan and also to architecturally look nice. Councilman McDonald: Okay, we'll leave it at that. We could probably disagree on that and that would be a matter of law to be addressed. The other thing we talk about businesses. Are you aware of how many businesses are registered at this address? Chapin Hall: Yes. There were some businesses registered at the addressed. Councilman McDonald: Do you know the exact number? Chapin Hall: I don't know. I believe it was 4 or 5. Councilman McDonald: Do you know what those businesses are? Chapin Hall: Some of the businesses have to do with motorcycle parts and repair. Councilman McDonald: Okay one of them is, your client does salvage lumber which I understand he processes on site wherever he finds the lumber. However paperwork and those things are handled from a home office. Would you agree with that? Chapin Hall: That's correct. That's his existing business at the present time, yes. Councilman McDonald: Okay. And then what's Boecker's Properties? What do they do? Chapin Hall: Boecker's Properties is, Bob do you want to handle this? Robert Boecker: We own townhomes. Mayor Laufenburger: I just, Mr. Hall you're welcome to answer any questions you can but if you're going to ask Mr. Boecker to speak, then I would ask him to come up to the podium so that our, so we can record it if anybody's listening so. Chapin Hall: Of course, yes. And I want to get accurate information and I want to be sure it's accurate so Bob why don't you come on up to the. Mayor Laufenburger: Invite him to join you. And just for the record would you please state your name and your address please. Robert Boecker: Yep, Robert Boecker, 610 West 96`s Street, Chanhassen, Minnesota. 32 Chanhassen City Council•bruary 23, 2015 Mayor Laufenburger: Great. Councilman McDonald: Okay so tell us a little something about Boecker's Properties. Robert Boecker: Boecker's Properties. Councilman McDonald: Yeah, what does it do? Robert Boecker: My wife used to be in mortgages and at the time we bought multiple properties and rented them out so that's the LLC that we used when we owned those properties. But we no longer, we sold off all those properties but we still have that LLC just in existence. Councilman McDonald: Okay, so it also was pretty much just a paper LLC. Robert Boecker: Correct. Councilman McDonald: What's the other one? The Devaan-Sellers. Robert Boecker: Devan-Sellers and Cheap Thrill Motorsports are two of my friends that race, that I race with and we set those up so that when we, I also restore vintage motorcycles and when we need to buy parts for those, in order for us to get discounted parts we need to have an established business name and address in order to do that. To get to buy basically parts at wholesale price. Councilman McDonald: Okay so Cheap Thrills Motorsports is part of that so those two are really kind of one entity more or less? Robert Boecker: Yep. Yep. Councilman McDonald: Okay. And you say what it's for, it's for restoring motorcycles that you find. How many motorcycles do you end up restoring in a given period of time? Say 6 months to a year. Robert Boecker: Maybe 3 or 4 but most of them I collect. I have a collection of cars and motorcycles and snowmobiles. Councilman McDonald: How many motorcycles do you currently have? Robert Boecker: 12. Councilman McDonald: And what happens, now you said you buy parts to restore these. Robert Boecker: Right. Councilman McDonald: Then what happens to the other parts? 33 Chanhassen City Council — February 23, 2015 • Robert Boecker: The old parts? Councilman McDonald: Yeah the old parts and so in the Planning Commission you had said something about you sell them on Craig's List. Robert Boecker: Well at the commission I posed the question that if I'm restoring a truck and I need to replace the fender or I decide to but the fender is savable and I sell that on Craig's List, is that running a business? I posed that question because then yes, I will take the fender off of something that I'm restoring and instead of throwing it away I will sell it so you know is that considered running a business? Councilman McDonald: Well at any given time when you're refurbishing these motorcycles, how many parts are salvageable versus how many do you have to buy new? Robert Boecker: Well that totally depends on the condition of the bike when you get it so, you might be replacing 50 percent of the parts on it. On a bike. Councilman McDonald: And then do you sell these parts as is or you know do you refurbish them or do you do anything with them? Robert Boecker: No, just as is. Councilman McDonald: Just as is. And. Robert Boecker: Or keep them for future use because some of them can be refurbished and then would be able to be used on one of those bikes in the future if one of those bikes has that part go out. Councilman McDonald: Okay and so you sell these on Craig's List? Robert Boecker: Well I collect them. Councilman McDonald: You collect them. Robert Boecker: Yep and race. Councilman McDonald: Okay. So when I do a Google search on Cheap Thrills Motorsports and I get a site on EBay listing parts, is that your's? Robert Boecker: That is not mine. Councilman McDonald: Who's is that? Robert Boecker: That's Eric and Chase Devaan and Sellers. That is the Cheap Thrills Motorsports. My name is not on Cheap Thrills Motorsports. 34 Chanhassen City Council F February 23, 2015 • Councilman McDonald: But, well now wait a minute. According to the State of Minnesota your address is listed as the primary address for this business. Robert Boecker: Right, so that we could use it to buy parts but the business, that business that they have, you know they're running. They're doing the racing is not part of myself. And actually if you Goggle search, that's what we touched on earlier was that they had sold some parts and that has since stopped so. Councilman McDonald: So when you say sold. Mayor Laufenburger: Just a second. What has stopped Mr. Boecker? Robert Boecker: Any type of part sales on a site like he's. Mayor Laufenburger: By you? Robert Boecker: I don't sell any, no. Mayor Laufenburger: And by Mr. Devaan and Mr. Sellers? Robert Boecker: Not from my property, they do not. Councilman McDonald: Okay going back to these parts you say everything stopped. Then why on EBay are you still the contact for all of this? Robert Boecker: I am not. Councilman McDonald: Why are there over 8 pages worth of parts? How can this be from refurbishing motorcycles? Robert Boecker: This is, well when they tear them down they sell the parts but this is not me. I don't, I have nothing to do with Devaan-Sellers and Cheap Thrill Motorsports. Those are their entity. Is my name on any of those? Councilman McDonald: Now legally you are associated with them because you've allowed your address to be used as their place of business so whether you're running the business or they're running a business, a business is being nm on your property. Now whether you're involved in it or they're involved in it doesn't make any difference at this point. There is a business there. That's what I'm trying to get at. Would you agree with that? Robert Boecker: Not any longer there is not. Councilman McDonald: When you say not any longer, you were just before the Planning Commission not more than 2 % months ago, was there a business being run at that time? 35 Chanhassen City Council February 23, 2015 • Robert Boecker: Yes there, well there was the sale of parts and so that is considered, would be. Councilman McDonald: Okay well you seem to go round and round circles about that when you were asked about that by Mr. Aller who was the Chairman of that commission. He couldn't seem to get a straight answer out of you and that's where you bring things about Craig's List. There is a difference between Craig's List and EBay. On EBay I understand why you would want to be incorporated because there is a liability issue for any retailer selling parts. So that again circles back to why are you incorporated if you have nothing to do with it and yet there is a business that you've just admitted to being run off your property. Robert Boecker: But my name's not on that. I don't have anything to do with the actual sale. Councilman McDonald: Again it doesn't make any difference if your name's on it or not. The fact is a business is being run on your property. And then we get back to the issue of why do you need such an extensive number of out buildings? I will concede the fact that as of 2007, whatever's there is there and it's off the table so you can have whatever's there. Going forward you do have to meet the ordinances and the requirements. Now if we take that as the premise going forward, now what you're asking for is a variance of about 800 and something square feet. If we were to say no. You have to live within what the ordinance says, 1,000 square feet and that's it, are you going to be able to still continue with that? You may not be able to get 4 horses. Maybe you can get 3. Robert Boecker: I would like to proceed as originally drawn up. I guess the expense of doing that, removing that from the design would be kind of an extensive and expensive undertaking. I'd prefer to go as designed and make sure that we meet any type of business requirements as far as your concerns with sales or any type of EBay sales that happened out of this location. I'd rather make sure that we comply there fully, whatever it would take to do that. Councilman McDonald: Well are you using any of these buildings as a warehouse? Robert Boecker: This, what you see on the left hand side is all, is where I keep all my motorcycles on that side so that's, so I have parts off of those motorcycles, yes. Councilman McDonald: Okay and who's parts are those? Your's or your friends? Robert Boecker: My parts. They do, they have race bikes there though. So they do have race bikes there so I can't say that it's all mine because they have a couple plastics that are off of their bikes at my house. Councilman McDonald: Okay. I guess where I'm going with this and I disagree with your counsel is the fact that if you make a modification to a nonconforming structure, I believe under the law you've now got to make that a conforming structure which means we need to relook at the square footage. We'll turn that over to the City's Attorney and get an opinion on that because I'm just you know giving you my opinion. Robert Boecker: Right. 36 Chanhassen City Council February 23, 2015 • Councilman McDonald: But I think that you know if we're going to look at all of this then we probably need to look at it and find out exactly where you're at as far as the ordinance is concerned and if you're going to add onto this building, that's a question I've got is, okay does that affect the rest of the building because you've connected the roof so it's now one building. You've got the walls in common. You're now adding on to an existing structure and I think at that point you bring the whole structure back into question and so now you're already at that point in excess of the 1,000 square feet that the ordinance would allow so we wouldn't really need to approve the stuff you're adding on. I mean that's where I think this needs to go is we need to get a legal question answered is that, if you're now going to modify a nonconforming structure, does that mean it needs to be brought into compliance with the current zoning laws. Mayor Laufenburger: And just Mr. McDonald, just for clarification for me and for other members of the council. What you're suggesting is, if the non-conformance, if the legal non- conformance is lost because he's adding to this building, then this building would be subject to agricultural building use. Is that what you're saying? Councilman McDonald: That's what I'm saying. It needs to go back and if you're going to take that cloak off of it at that point I think the whole thing needs to be looked at and what I'm basing this on is cabin law because at that point, and that is no different. That is also zoning issues and anytime you go in and you do a modification to a nonconforming structure you now have to meet the zoning requirements and there are cases that you can go look at where they've had to either tear down the cabin or they had to tear down the add-on. So that's where I think we're at is that you've raised the legal issue here that needs to be resolved before I feel that we could actually vote on this. Mayor Laufenburger: Okay. Mr. Robert Boecker: Can I ask a question? Mayor Laufenburger: Just a moment please. Mr. Knutson, would you like to comment on Mr. McDonald's questions or thoughts? Roger Knutson: Sure. A nonconforming structure is, you can't expand a nonconforming structure. Mayor Laufenburger: You can not expand a nonconforming structure. Roger Knutson: Unless you bring the structure into conformity as a general law. Mayor Laufenburger: Okay, so that would be your legal opinion. Roger Knutson: That's correct. Alright. Just a moment Mr. Boecker, okay? Mr. McDonald, do you have any other questions at this time? KIN Chanhassen City Council — February 23, 2015 • Councilman McDonald: Well I think we, this is the big issue. The whole thing about the businesses, yeah we can look into that a little bit more but that would probably deal with other issues besides whether we can do the buildings or not. I think this is the issue that's got to be decided as to whether or not this building can continue to exist or if it has to now conform with existing zoning. Mayor Laufenburger: Okay, alright. Roger Knutson: If I could. Mayor Laufenburger: Mr. Knutson. Roger Knutson: I could just quickly read it. It's one sentence. Mayor Laufenburger: And what are you referencing from here? Roger Knutson: State Statute 462.357, Subdivision 1 e. Any nonconformity, including the lawful occupation or use of land or premises existing at time of adoption of additional controls under this chapter may be continued until repair, replacement or restoration, maintenance or improvement but not including expansion. Mayor Laufenburger: Thank you Mr. Knutson. Mr. Hall, do you have a comment on that at all? Chapin Hall: I do. One of the reasons we're here in this variance proceeding is because, I got involved in this late. Mayor Laufenburger: I would agree with you. That is one of the reasons this is here. Chapin Hall: Right. And what we're asking for is the council does have the authority to approve the variance even if it now includes legally if you want to, the whole building. Mayor Laufenburger: Right. Chapin Hall: That can still be a variance because it's in excess of 1,000 square feet and whether it's 840 square feet in excess or you say it's now going to be the whole building because of that. Mayor Laufenburger: Right, Chapin Hall: The council still, to me there's a distinction there but it's not a critical one when we're looking at the six part test and the real life quality of life issue that Bob and Cbristin Boecker just simply want to have horses on their property. Mayor Laufenburger: Sure. Okay I would agree with you. We as a council we are often reminded by our legal counsel that we can do anything that we want. Oh excuse me. Chapin Hall: No I'm just saying it's not an insurmountable problem but it does require. M 90 Chanhassen City Council February 23, 2015 Mayor Laufenburger: I would not disagree with you. It is not an insurmountable. Mr. Boecker, you had a question. All I would ask is that there are other council members that may have questions. Could I ask you to hold your question for just a second please? Robert Boecker: Sure. Mayor Laufenburger: Is that okay? Robert Boecker: Yeah. Mayor Laufenburger: Any other questions of council? From council. Mr. McDonald? Councilman McDonald: No, no. Mayor Laufenburger: Okay, alright. Councilman McDonald: I'm sorry, I got mixed up with lawyers so. Mayor Laufenburger: Any other? Councilwoman Ryan. Councilwoman Ryan: Yes Mayor. And maybe you addressed it before but I'd like to hear it again. Why was a permit not pulled initially? Robert Boecker: Well when you read through it says just like Roger said, that an agricultural building does not require a permit so we thought that since it was a horse structure, that that's all we were adding on, that we wouldn't need it because that's what it says. And then when we went, when we had the stop order and we went up there, then we were informed that since we were under the 10 acre minimum to be considered agricultural, that you had to apply to the, or adhere to the, that you had to get a building permit basically. And then we applied for it. Councilwoman Ryan: Okay, thank you. And then you had mentioned at the Planning Commission meeting the reason why, I think the question was asked whether or not you were willing to put horses in another one of your structure and you said no because of you know. Robert Boecker: Yeah the reasoning for that is that when those structures were built they were built for a certain purposes. I do like I said, I have snowmobiles. I have cars and motorcycles and I don't want to introduce the animal, the horse, the hay into an area where I have my classic cars stored. Councilwoman Ryan: So then how, so that gets me to this specific building. If you're concerned about the cross contamination between hay and horse and classic, vintage motorcycles, then how is this structure any different when it's going to be the same structure? Robert Boecker: Because the existing structure you see there is staying intact. The end wall that you see that's on the inside stays intact. The only reason we attached the two structures was so 011 Chanhassen City Council -February 23, 2015 • that aesthetically it was all one building so they are still separated with the existing exterior wall. That stays in place so when you walk into the horse stable the exterior wall of that shed is still there so there is no connection between the two. And that was actually what my question was going to be. What if the two weren't connected? Because they do not need to be. The one doesn't need the other. We just, like I said we just connected them for appearance. So what if they were two feet apart? Mayor Laufenburger: So Mr. Boecker are you saying that you're prepared to demolish the connection between the two buildings? Is that what you're saying? Robert Boecker: I would be willing to do that and separate the two buildings. Mayor Laufenburger: Okay. Robert Boecker: By a foot, two feet, 12. Whatever would work out as far as having access. Kate Aanenson: I'm not sure building code would be, require separation between buildings. We'd have to verify that too. Mayor Laufenburger: Yeah, subject to appropriate ordinances. Councilwoman Ryan, did you have any other questions? Councilwoman Ryan: That's it. No thank you Mayor. Mayor Laufenburger: Okay, anybody else? Can you bring up the map that shows all the buildings? Kate Aanenson: Oh, on this site? Mayor Laufenburger: Yeah. It's the one that has 1, 2, 3, 4. I'm going to address this to Mr. Hall but if you want to have Mr. Boecker answer this you're welcome to. Tell us what's in Building 1? Robert Boecker: Building 1 is our, that's where we park our cars. Our everyday cars. Mayor Laufenburger: So it has. Robert Boecker: Building 1, our house doesn't have a garage. Mayor Laufenburger: So it has cars. It has. Robert Boecker: That's our detached 3 car everyday parking. Mayor Laufenburger: Okay. And when was that built? Robert Boecker: That was there when I bought the house so. EN Chanhassen City Council F bruary 23, 2015 Chapin Hall: 1986. Mayor Laufenburger: Okay, alright. And Ms. Aarenson a permit was issued? Describe again what's in Building 2. Robert Boecker: Building 2 is the picture, is the one that we're adding onto and that's the one that has my motorcycles in it. Mayor Laufenburger: So just give me a picture of that. Motorcycles, are they on the floor? Are they suspended from the ceiling? Robert Boecker: No, they're on the floor lined up and I also have a couple shelves in there with some of my stuff on to. Mayor Laufenburger: You said. Robert Boecker: And there's a couple of snowmobiles on that one too. Up on pallet racking. Mayor Laufenburger: Alright and you said that in this building there are some materials that are, belong to Devaan or Sellers? Robert Boecker: Only the parts off of their race bikes. Mayor Laufenburger: The parts off of their race bikes. Robert Boecker: Yeah. Plastics basically. Mayor Laufenburger: Okay, alright. And that building was built with a permit in 2000. Let's go to Building 3. That's the one on the southern most part of your building or of your lot. Robert Boecker: Yeah. Mayor Laufenburger: What's in there? Robert Boecker: Classic cars. That's where I keep them. Mayor Laufenburger: How many cars? Robert Boecker: There's probably 22. 23. Mayor Laufenburger: Okay. Robert Boecker: There's also cars in 4. 3 is kind of my. 41 Chanhassen City Councillqebruary 23, 2015 • Mayor Laufenburger: Well let's just deal with 3 right now. So these are all your cars in number 3, right? Robert Boecker: Yes. Yep. This is all my personal storage. My cars. Mayor Laufenburger: And are there used parts in there too? Robert Boecker: No, they're all complete cars. Mayor Laufenburger: So these are, this is like Jay Leno's right? Robert Boecker: I wish it was to that extent not, but yeah. Those are the restored ones. Mayor Laufenburger: So they stay in there. Do you sell them? Do you buy more? Robert Boecker: They're just for occasional use in the summer. Mayor Laufenburger: Okay. Okay. Now let's talk about Building number 4. Robert Boecker: Building number 4 has unrestored cars in it and there are some parts in there. Fenders and stuff like that because that structure was just a structure that's temporary in order to, I don't really, if it collapsed or something it would be a great loss because none of those cars are restored. So after I do what, get the cars to the point I want then it gets stored in number 3. Mayor Laufenburger: Okay. So number 4 and Mr. Knutson my question for you is, if that building was built prior to 2007 for purpose other than agriculture would a permit be required? Roger Knutson: If it were built before 2007 for something agricultural, yes. Mayor Laufenburger: And why is that? Roger Knutson: All buildings require, with certain exceptions require building permits. Mayor Laufenburger: Okay. Roger Knutson: Agricultural buildings don't. Mayor Laufenburger: Okay, alright. So Mr. Boecker, when that building was built what prompted you to build that building? Robert Boecker: Just for the storage of unrestored cars. Mayor Laufenburger: And is there a particular reason why you didn't pull a permit on that building? 42 Chanhassen City Council February 23, 2015 • Robert Boecker: I didn't think, because it's a hoop house. It's a temporary structure so I didn't think that there was, that they required. That the City required a permit for that. For a temporary structure. There's no footings. It's just the pipe in the ground so. But I have no problems applying for it and permitting that structure. It was built in 2006 so it was before the deadline so I would have no problem permitting it up to whatever the City. Mayor Laufenburger: This is just a comment. Your, parts of what you're telling us seem to tell us that you're vigilant about reading about buildings such as you read that an agricultural building doesn't need a permit. Robert Boecker: That was only after the stop order. Mayor Laufenburger: Oh, okay. Alright, that's good to know. So Building number 4, you're prepared to apply for and receive a permit, and if the permit is denied would you take it down? Robert Boecker: Well I don't think it should have to come down because it was before 2007. Mayor Laufenburger: But if it were denied. Robert Boecker: I would not want to. Mayor Laufenburger: Well I understand that. I understand that, okay. Let's see. I want to understand a little bit more about the, the extension on Building number 2 or the expansion. About when did you start building that? Robert Boecker: Oh, well do you have the date of the stop Kate? Mayor Laufenburger: August 281. Robert Boecker: Yeah, so it would have been 4 days before that. Mayor Laufenburger: Fast workers. Then, so August 28th you informed to stop the work order. Stop the work. And then on September 24' you applied for a permit for the addition, or there about's. Robert Boecker: Right because then after finding out that it had to be full building permits, I had to wait for the building, Ram Buildings to get stamp drawings because I had drawings. Mayor Laufenburger: Yep. Robert Boecker: But I didn't have structural stamp drawings so that delay was waiting for those plans. Mayor Laufenburger: Okay. Then on or about August 16th you came in to, that's when the variance was applied for right? 43 Chanhassen City Council • February 23, 2015 • Robert Boecker: Sounds about right. Mayor Laufenburger: Okay. About the same time you applied for a fence permit. Robert Boecker: Correct. Mayor Laufenburger: And what's that for? Robert Boecker: That's for the horses. It's a, you have to apply for a permit to put up your horse fence. So that's what, and that's approved and already ready to go. Mayor Laufenburger: Yeah, okay. And then on I 1-18 the Planning Commission denied the variance and then on just related material or timeline, on February 13' received a letter from Mr. Chapin Hall, that's you, suggesting that we simply change the ordinance to affect properties only less than 4 acres, is that correct? I mean it had other things in it but that was one of the remedies. Chapin Hall: More than 4 acres. Mayor Laufenburger: Yeah, affect properties more than 4 acres. Chapin Hall: More than 4 acres. Mayor Laufenburger: Excuse me. Okay. Okay. Misters Devaan and Sellers who are apparently are Cheap Thrill Motorsports. Robert Boecker: Correct. Mayor Laufenburger: Where do they operate their business? Robert Boecker: They live in Chanhassen also. I don't know their address of their house though. Mayor Laufenburger: Anytime in the last 3 years have they used your property as warehouse for their used parts? Robert Boecker: They, they have had parts there and bikes that they were working on so. Mayor Laufenburger: But have they used your buildings as their quote warehouse? Robert Boecker: I'm going to say no. They've wrenched on stuff at my house and. Mayor Laufenburger: Wrenched, what's that mean? Robert Boecker: Or worked on... CCI Chanhassen City Council•bruary 23, 2015 • Mayor Laufenburger: Oh okay. That's motorcycle jargon. Robert Boecker: Now if they sold something then that was, where they sold it and how they sold it has not, I don't have knowledge of that. How they do it. Mayor Laufenburger: You have no knowledge of these two good friends of your's and where they do this? Robert Boecker: Well no, I know that they have a website but as far as warehousing parts and stocking, I don't have any of that. I have no part of that. Mayor Laufenburger: So there is none of their warehousing business is done on your property. Robert Boecker: On my property, correct. But they do have bikes. They have their race bikes on my property like I said and some of the plastics off of them. Mayor Laufenburger: Okay. Why do they have their race bikes on your property? Robert Boecker: Because we work on them together. Mayor Laufenburger: Okay. Councilman Campion: I have one question. Mayor Laufenburger: Mr. Campion, yes. Councilman Campion: There, it looks like, looking on Google maps it looks like there's an additional structure. Something between 1 and 2 to the east near the driveway. Robert Boecker: There is a playhouse over there. Yeah, it's a 12 by 16 playhouse. Councilman Campion: Okay, Mayor Laufenburger: I have one more question and then I'll, did you have a question Mr. McDonald? Councilman McDonald: I had a follow up. Do you want to do your's and I'll follow up? Mayor Laufenburger: Let me do this one. Mr. Hall, you used the words not a home occupation came to an end. Look at your notes. Chapin Hall: Yes. Mayor Laufenburger: Am I capturing that correctly? Chapin Hall: That's correct. 45 Chanhassen City Council February 23, 2015 • Mayor Laufenburger: What came to an end? Chapin Hall: The association between Mr. Boecker and the motorcycle guys. In terms of Mayor Laufenburger: And when did that come to an end? Chapin Hall: In terms of using his address to have an address for the corporation to be wholesale. Mayor Laufenburger: When did that come to an end? Robert Boecker: Shortly after, after the Planning Commission meeting. Mayor Laufenburger: So when it was challenged about regarding you operating a business, it was after that that you brought that relationship with Sellers and Devaan to an end? Robert Boecker: Right because they asked, I didn't even, you know when they did their search and said you know this address is on there, that's when I went and talked to them and said you know hey, I understand what you need to do in order to buy wholesale parts but you know obviously I can't. You can't have my address you know associated with that so I cut that tie and made it very apparent to them that that's not acceptable. And that has been changed. So if you. Mayor Laufenburger: Eventually it will show up on the internet. Robert Boecker: Yeah, so if want to go on there and search that, and whatever address they are located at, that will come up but I don't happen to know it. What that is. Mayor Laufenburger: Mr. McDonald, you had a follow up question. Councilman McDonald: Yeah, it's along those same lines. One of the problems I'm having about all of this is, one of the complaints that we get is you get a lot of UPS trucks. That smells of a business because that's even more than when you're refurbishing one or two motorcycles, that you shouldn't have that many UPS visits. Explain that to me. Robert Boecker: We have UPS. We have Speedy Delivery. Councilman McDonald: Yeah, why are you getting? Robert Boecker: You're going to have to talk to my wife. She's an Amazon. We buy everything through Amazon. We get, we probably have the truck there every 3 days we have some type of something that we purchased. Councilman McDonald: Well it can cut both ways. You know UPS could be picking up there also. 46 Chanhassen City Council February 23, 2015 • Robert Boecker: Well we're not shipping out of there. Councilman McDonald: Okay. Mayor Laufenburger: What's the, Mr. Hall or, what's a day shelter? There's 264 square feet of day shelter proposed. What's that? Chapin Hall: Yes. Robert Boecker: You want me to answer it? Chapin Hall: Yes. Robert Boecker: So a day shelter is just a three sided, one side open shelter so that when the horses or whatever animals you have are down pasturing, that they have a spot to get out of the elements. The sun, rain, whatever without having to go all the way back up to their stable area. So it's just basically somewhere to get out of the elements but it's not their stable. Mayor Laufenburger: So is it possible for you to describe Mr. Boecker where you're going to have the fence? Robert Boecker: Yeah there's actually a fence permit and that's drawn on. Mayor Laufenburger: Is it on one of these? Robert Boecker: Is it on that site plan you have right there? If you turn the camera on I guess I could draw it here. On there and just kind of show you about where it is. Mayor Laufenburger: Does the fence encompass any building besides the day shelter? Robert Boecker: Yes. Mayor Laufenburger: Our wizard with the cameras is about to show that to us. Robert Boecker: Okay, so this right here is the proposed horse shelter. Mayor Laufenburger: Yeah. Robert Boecker: So right here, coming off this comer. Following this property line down here. Actually it is drawn on here. That's what this dashed line is right here. See this dashed line? Mayor Laufenburger: Yep. Robert Boecker: It comes up and then comes up to the comer of the new hoop house. Mayor Laufenburger: Okay. 47 Chanhassen City Council• February 23, 2015 Robert Boecker: So it encompasses two, two of the buildings but these two buildings have, we talked to Carol about that. About using those buildings and you've got two buildings that are extremely hot buildings in the summer. It will exceed 120 degrees in that building so without modifying these buildings, these are not very acceptable structures for horses. Mayor Laufenburger: Okay. Robert Boecker: And that brings us back up to this building. Mayor Laufenburger: Okay, so the purple on here is the day shelter? Robert Boecker: Yep, the purple's the day shelter. Mayor Laufenburger: I think on one of the other slides it shows it down one building. Kate Aanenson: That's correct. Robert Boecker: Yeah. Mister, well on one of them Mr. Generous had drawn it down here just kind of guessing. Mayor Laufenburger: Okay. Robert Boecker: And that's actually where we're going to put it. Mayor Laufenburger: Okay. Okay. Did you have a question Mr. Boecker that you wanted to raise or was that raised already? Robert Boecker: We talked about whether or not, if we disconnected the buildings and only looked at this as a stand alone building, what difference that would make as far as the nonconforming. Mayor Laufenburger: Okay, alright. Thank you Mr. Boecker. Mr. Hall, did you have anything else? Chapin Hall: Just this. In a perfect world he would have applied for the permit before he did anything and we would have talked about not having an addition onto an already existing building. But we are where we are and I hope you and the council appreciate that and we're trying to have something that looks nice in the neighborhood and is consistent with what other neighbors have done although he certainly does have more accessory structures than any other neighbor but they were, I think you understand the legal issue. Mayor Laufenburger: Sure. Chapin Hall: They were all there in May. Tried to go through that and explain that and I think, I think Your Honor and the council has an understanding of the whole situation. M Chanhassen City Council • bruary23, 2015 • Mayor Laufenburger: Okay. Alright, thank you Mr. Hall. Chapin Hall: Thank you. Mayor Laufenburger: Alright. Is, let's see. This is not really a public comment but there's some new information that came out tonight I think. Is there anybody in the public or anybody present that would like to make a comment of any sort? Okay. Mr. Knutson, I do have a procedural question for you. The question that was raised by Mr. McDonald that brought out your reading from State Statute, is it your suggestion that we, that we interpret that as this is no longer a variance for 1,864 and 264 but rather a variance for a much larger building because of what the builder's intent is. You understand my question Mr. Knutson? Roger Knutson: I understand your question Mayor. Mayor Laufenburger: Okay. Roger Knutson: You could interpret it that way or you could say here's what they've applied for and deal with what they've applied for. On their application which has been through the Planning Commission which is an expansion of that one building. Mayor Laufenburger: So do I interpret that to mean that the council can decide not to bring the legal nonconformance of the other, of the existing building into question. That it would just remain there and we simply act on the additional square footage. Roger Knutson: And you could do that but then they would have to be separated. Mayor Laufenburger: What do you mean separated? Roger Knutson: A separate building. Mayor Laufenburger: Oh because we cannot take an action that is in violation of a State Statute. Roger Knutson: Well, you could grant a variance but that variance hasn't been applied for. Councilman McDonald: It's not the variance before us. Mayor Laufenburger: Right. Roger Knutson: It hasn't gone through the process. That variance. So, I'm not telling you what you want to do but I mean you could say for example, you have to have that as a separate building and the separate building, I forget how many square foot it is. Mayor Laufenburger: 1,864 yeah. 49 Chanhassen City Council •February 23, 2015 • Roger Knutson: Yeah. Has to be separated from the existing building and the separation will be determined by the building official. I don't, there's a set, there's a distance requirement between buildings and I don't recall what it is. Kate Aanenson: That's correct. Roger Knutson: You could proceed with that if you chose to and make your decision on whether they meet the standards for a variance. Mayor Laufenburger: But really the only thing we can act on right now is the variance request. Roger Knutson: Yes. Mayor Laufenburger: So if, if we would be, if we would be willing to consider a variance of an acceptable building separate from this, that would have to be dealt with independent of tonight's action. Roger Knutson: Right if you wanted to say, we will treat the whole building and grant a variance for the whole building, the existing building, that goes beyond what you've been advertised for and what went to the Planning Commission so I don't think you should be able to do that. Mayor Laufenburger: Right. Roger Knutson: But tonight if you chose to you could say, you can have that variance but it has to be in a separate building and it has to be moved at least the minimum distance required by the building code between buildings. If you chose to but that doesn't mean, the ultimate thing you have to do is determine whether in your judgment they meet the criteria for granting a variance. That's whatever it is. Mayor Laufenburger: Okay, thank you Mr. Knutson. Any other questions or comments from the council? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: I don't know if it's Mr. Knutson or Mayor or Councilman McDonald but I just want to be clear. Have we determined or do we need to determine whether or not this is now considered a nonconforming structure or is that what we're trying to figure out with this building? Mayor Laufenburger: Well I believe, Mr. Knutson do you want to speak to that? Roger Knutson: It's my understanding what I heard from Kate that the existing building is nonconforming. 50 Chanhassen City Council•bruary 23, 2015 • Kate Aanenson: That one, well let's see. As far as whether or not it had a permit or? Mayor Laufenburger: Building number 2 had a permit. Kate Aanenson: Correct. Roger Knutson: So building number 2, is Building 2 as it stands now conforming? Kate Aanenson: That one did receive a permit, correct. Roger Knutson: So that Building 2 currently is conforming? Kate Aanenson: Correct. Mayor Laufenburger: Well it's conforming to, it's conforming that which was in place when the building was built. Roger Knutson: But right now it's nonconforming. Kate Aanenson: Right. Roger Knutson: And they didn't get a variance. Kate Aanenson: Right. Roger Knutson: From our current ordinance. Kate Aanenson: Right but now it's, because it's over the 1,000 square feet, the 1,000 square feet requirement so they're adding to that. Roger Knutson: And so right now it's over 1,000 square feet so right now that building is legally nonconforming. Mayor Laufenburger: Right, legally nonconforming. Kate Aanenson: That's right. Roger Knutson: Because they don't have, they didn't get a variance. They didn't need a variance but to build it today they would. Mayor Laufenburger: Yep. Roger Knutson: And so today it is nonconforming. Legally nonconforming. 51 Chanhassen City Council February 23, 2015 • Councilwoman Ryan: And you said that legally they are not allowed to put an additional structure on a nonconforming building. Roger Knutson: That's correct. Without a variance. Councilwoman Ryan: Without a variance. Roger Knutson: And they've not applied for that variance. Kate Aanenson: That was not the hearing we held before the Planning Commission. So it would have to go back to that process. Councilwoman Ryan: Okay. Roger Knutson: So you could, this is difficult. But you could approve the variance, if you choose to. If you find it meets the criteria and I'm not suggesting you do or don't. That's your decision but what they would have to do is move it as a separate building. So the horses would be in a separate building. Mayor Laufenburger: And that building would have to comply with building separation, setbacks from property and stuff like that, correct? Kate Aanenson: That's correct. Councilman McDonald: Well it would also have to come before us because he's asking for 1,800 square feet. Mayor Laufenburger: Right, versus 1,000. Now if he chose, if he chooses to make that building 1,000 square feet and that's all, then that permit would be allowed and he can build that building as long as it's separate from the building that exists, correct? Kate Aanenson: Correct and under the interpretation of agricultural purposes. If it's for agricultural purposes, yes. Mayor Laufenburger: Agricultural purposes, right. Kate Aanenson: Yeah. For horses. Mayor Laufenburger: Well, notwithstanding all of the things that keep us from being in a perfect world, the big question for me has been, or the question for me is, is there new information that we now have that the Planning Commission did not have? So that's one question in my mind. And number two, is there anything flawed or erroneous in the judgment that the Planning Commission applied? And has the Planning Commission considered all the relevant facts. And then lastly is there a compelling reason for the council, or for me and my vote to reverse a decision 7 and 0 to deny the variance. Now I suppose one piece of new information that came forward is the fact that there is an end to the relationship between, at least he has stated, an end to 52 Chanhassen City Council•bruary 23, 2015 a relationship between Mr. Boecker and the other gentlemen who had this business registered at 610 West 90s Street. So I would think that Mr. Boecker must have felt that at least there was some connection there that he needed to sever in order to demonstrate that he is not occupying, not doing a home business out of any of those buildings so that could be new. I don't think there's anything flawed or erroneous in the judgment of the Planning Commission. I think that they, what they did was, in evaluating the Findings of Fact, all of the situation I think, I don't think there was anything flawed. Has the Planning Commission considered all the relevant facts? I think they have with one exception and that exception is what Mr. McDonald introduced in the form of the adding onto a legally nonconforming building. That, attempting to expand that makes the building, the whole building nonconforming. It would have to come forward for variance and clearly it would have to be approved. So that's one thing that's new. Then lastly is there a compelling reason for the council to reverse the decision of the Planning Commission? And those are the questions that I think are before me tonight. Councilwoman Tjomhom: Mr. Mayor? Mayor Laufenburger: Councilwoman Tjomhom. Councilwoman Tjombom: I think we've spent quite some time tonight investigating this piece of property and what's going on there. You know are there businesses going on there? Is there agricultural uses actually happening on the property? And those are all legitimate questions I think obviously because they were brought up at the Planning Commission also and by other people but for me it always boils down to with a variance, especially like this is, is there reasonable use of the property right now? You know does this resident have the ability to enjoy life on his property and I just have to say that answer is yes. And so the fact that he would like 4 horses, you know that's a personal choice that he's making and that really you know he can obviously, I mean he is planning for it and was building for something like that but that really is not under our realm of trying to decide if that's a reasonable use or not. And so because of that reason I am certainly going to stand by what the Planning Commission and what their opinion was on this situation. Mayor Laufenburger: Okay. Thank you Councilwoman Tjornhom. Any other comments? Could you bring the motion in front of us please. Councilwoman Ryan: Mayor? Mr. Mayor I have a. Mayor Laufenburger: Councilwoman Ryan. Councilwoman Ryan: Another question actually. Mayor Laufenburger: Sure. Councilwoman Ryan: And it's actually for Councilman McDonald. When you asked about the, to lower the number of horses, was that so then a structure to build another structure or what? 53 . Chanhassen City Council tbruary 23, 2015 • Councilman McDonald: Well no, what that was for was that if you separate the structures you're still looking at 1,800 square feet. The cut off is 1,000 and what I'm saying is, is are you willing to cut that back down to 1,000 square feet and if the 1,800 is based upon 4 what I said was, well okay maybe at that case it means you can only have 3 horses. You know there are other alternatives to this. Four seems to be an arbitrary number. Councilwoman Ryan: Right. Thank you. So for where I'm coming from is that, is the building issue itself. The fact that it's a legally nonconforming building and so that makes the whole building nonconforming and if you have the desire to have horses, you stated that you would be comfortable with taking down the addition as it stands today and doing something else and so I too will be denying this variance, variance request and encourage if you have the desire to have horses to go through those next steps to make your, you know build a new building or what, and go through that process with the Planning Commission and the City but at this point I am not comfortable in accepting this variance request. Thank you. Mayor Laufenburger: Thank you Councilwoman Ryan. Anybody else want to make a comment? Councilman Campion: I'll make a comment. Mayor Laufenburger: Alright, Mr. Campion. Councilman Campion: So I had reviewed this while I was on the Planning Commission and was part of that 7 nothing decision. While I do you know encourage residents to use their property as they see fit, this is an extreme use of accessory structures. Just the, you know the square footage and if there was that strong of a desire to have horses it seems that you know you could consider repurposing the rest of this large structure and reorganizing some of your, the stuff that's stored in there so I'll be consistent with my previous decision and also be voting against the variance. Mayor Laufenburger: Not required Mr. McDonald but do you want to make a comment? Councilman McDonald: Sure. I need to kind of justify my vote. I am one of the council members who have always voted for the variance request along this street because the residents have come in there and I've thought the requests were reasonable for what they wanted to use the property for. I cannot vote for this one because you've already got 12,000 square feet. I don't see the hardship. I just don't see the need for us to again plop another structure down there and again make an ordinance just pretty much ridiculous. I meanthere hasto be a line and with me you've definitely crossed it. We won't discuss the businesses or any of those kind of things. I wouldn't ask anything about repurposing because again all those buildings are legally nonconforming. You can do whatever you want to in them. It's not my job to tell you what to do in them. However when you begin to add to what's already there I have to take that inventory into account and that's what I've done. If we were to approve this you're now up over 13,000 something square feet in buildings. That's a lot of space. I understand the desire for horses and such but again, maybe you need to make a choice what's more important the motorcycles and cars or the horses. You talk about the buildings not being in compliance for horses. Well the one where you store your motorcycles probably would be. You probably just need to put some 54 Chanhassen City Council February 23, 2015 • insulation in there and do something with the motorcycles so it comes to priorities to me. What's more important. I think you've got enough space on the property to do whatever you want so I could not support adding structure space to all of this and the way that this has been approached I think that yeah, I'm not going to be voting for it. I think you need to go back and do a reboot if you want to come back forward and bring something forward that meets with the ordinances. Mayor Laufenburger: I am, thank you Mr. McDonald. I am so pleased that we allow council comment because Councilwoman Tjorhom brought this home for me and that is reasonable use and as I, you're right. The building usage, yes there's some question in my mind whether there's some home occupation but that's not relevant. I still have a question in my mind about the sequence of events beginning construction before, or without a permit. The building of Building 4 without a permit. Yeah there's some questions there but the real question for me is number one, is there a compelling reason to overcome or overturn a decision by the Planning Commission that included a debate and consideration of reasonable use and I think the answer is no. So I am going to make a motion and I'll ask somebody to follow but the motion that I would make is as follows. That the. Todd Gerhardt: Mayor? Mayor Laufenburger: Excuse me. Todd Gerhardt: Roger has a motion. Mayor Laufenburger: Mr. Knutson. Roger Knutson: Suggestion. Motion would be to affirm the decision of the Planning Commission denying the variance request based on the Findings of Fact and Decision as set forth in the Planning Commission's findings. You're adopting the Findings of Fact and Decision, Findings of Fact of the Planning Commission by reference. So you're affirming the decision of the Planning Commission. You're denying the variance based upon the Findings of Fact in, as set forth by the Planning Commission in their findings. Mayor Laufenburger: So here's my motion. Councilman McDonald: Excuse me a second. There was also another part to that in that the Planning Commission recommended the demolition of the expansion. So if we're going to follow through with what the Planning Commission had recommended I think that needs to be in there also. Roger Knutson: That's fine but technically that's not part of the variance but you're denying the variance. Councilman McDonald: Okay. Kate Aanenson: That would still be handled through building code. 55 Chanhassen City Council 23, 2015 Mayor Laufenburger: So the motion that I would make is that the Chanhassen City Council affum the decision of the Planning Commission denying the variance and enforcing the appropriate building codes. Excuse me, denying the variance and accepting the Findings of Fact of the Planning Commission. Insuring that enforcement of the building codes would be applied to the expansion building that was already put in place and thirdly, that if the applicant chooses to return to the council with a variance for a separate building, that any fees normally associated with that variance application be waived. Can I do that? Roger Knutson: Sure. Councilman McDonald: So that's your motion Mr. Mayor? Mayor Laufenburger: That's my motion Mr. McDonald. Councilman McDonald: I'll second. Mayor Laufenburger: Alright. We have a motion and a second. Any discussion? Mayor Laufenburger moved, Councilman McDonald seconded that the Chanhassen City Council affirm the decision of the Planning Commission denying variance request #201433 and accepts the Findings of Fact of the Planning Commission; insuring that enforcement of the building codes are applied to the expansion building that was already put in place; and if the applicant chooses to return to the council with a variance for a separate building any fees normally associated with that variance application be waived. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you staff. Thank you applicant for allowing us to have good debate about this. We have one more item on our agenda this evening. CSAH 61 CORRIDOR: CONSIDER RESOLUTION APPROVING AMENDMENTS TO 2030 COMPREHENSIVE PLAN CHAPTER 2. LAND USE (LAND USE MAP AND FIGURES 2-1 AND 2-2. Kate Aanenson: Thank you Mayor, members of City Council. This item, as you're aware, we had a joint meeting at the end of the year, in December to talk about where we were with this process and the Planning Commission did hold a hearing and we had a pretty good turnout at that meeting from property owners and neighbors in the area. Obviously they're not here tonight but I'll try to reiterate their concerns. So again the subject area is located along 61. Also kind of the 101 being the main intersect of the, and Bluff Creek Drive being the main east, excuse me. North/south intersect. So what's driving this project as we've talked about is the 101 bridge and then also the upgrade of County Road 61. So we looked at the development constraints. I'm going to go through some of these slides rather quickly. The developmental traits in the area restricted it to less than 200 acres of development so the question was, as the infrastructure being put in place raises the value or the visibility of this property and really to go back and look at the land uses that were put in place to see if they still made sense and look at the appropriate land uses and whether or not we could provide municipal services to the property. So with that we've W �-i _?,3 March 25, 2015 CITY OF 7700 Market Boulevard Robert & Christin E. Boecker PO Box 147 610 West 96'9 Street Chanhassen, MN 55317 Chanhassen, MN 55317 Administration Re: Demolition Permit Phone: 952.227.1100 Fax: 952.227.1110 Dear Robert and Christie Boecker: Building Inspections On February 24 2015, we sent you a letter notifying you that the Chanhassen City Phone: 952.227.1180 Council denied your accessory structure variance request and directed that you Fax: 952.227.1190 comply with city building requirements, which require the removal of the building Engineering expansion that was started on the north end of the accessory structure. We further Phone: 952.227.1160 advised you that you needed to contact Jerry Mohn at (952) 227-1199 or by email at Fax: 952.227.1170 imohn ,ci.chanhassen.mn.us to discuss the requirements for this removal. Finance As of today, you have not applied for a demolition permit to remove the illegal Phone: 952.227.1140 expansion of the storage building. Please apply for a demolition permit by April 7, Fax: 952.227.1110 2015. If we do not receive you application, we will turn this item over to the city Park b Recreation attorney's office for further action. Phone: 952.227.1120 Fax: 952.227.1110 If you have any questions or need additional information, please contact me at (952) 227-1131 or beenerousaa,ci.chanhassen.mn.us. Recreation Center 2310 Coulter Boulevard R P1400 Fax:952.2227404 Fax: 952.2271404 Planning & Natural Resources Robert Generous, AICP Phone: 952.227.1130 Senior Planner Fax: 952.2271110 Public works ec: Kate Aanenson, Community Development Director 7901 Park Place Phone: 952.227.1300 Todd Gerhardt, City Manager Fax: 952.227.1310 Drew Ingvalson, Planning Intern Roger Knutson, City Attorney Senior Center Jerry Mohn, Building Official Phone: 952.227.1125 Fax:952.2271110 c: Building File 610 West 960' St. Website www.b.chanhassen.ri g Vlan\2014 pl;irniug cases\2014-33 610 west %th street ve is \demolition permit requiremem dm Chanhassen is a Community for Life . Providing for Today and Planning for Tomorrow SCANNED i4-;3. Meuwissen, Kim From: Generous, Bob Sent: Monday, March 30, 2015 8:18 AM To: Meuwissen, Kim Subject: FW: Variance FYI From: Bob Boecker [mailto:bob@boeckerbiz.com] Sent: Friday, March 27, 2015 4:28 PM To: Generous, Bob Cc: Aanenson, Kate; Gerhardt, Todd; Ingvalson, Drew; rknutson@ci.chanhassen.mn.us; Mohn, Jerry Subject: Variance Robert Generous & other concerned, Robert, I received your letter dated 3/25/2015, requesting us to apply for a demolition permit to remove our building expansion. If you recall, I spoke to you, Kate and Jerry separately informing the city that we intend to shift gears on this project and have decided to do an addition to our house. This addition will encompass the project in question. So no demolition permit will be needed. This structure will cease to be an accessory structure but instead will become an extension of our home and finally an attached garage. We are currently having the plans drawn and they should go to the structural engineer next week for approval and his stamp. We hope to have the plans submitted for city review by Monday April 13th. This all depends on how busy the structural engineer is. We will assume that this email properly informs the city and the cities attorney's office of our intentions. If you or any other interested parties have questions or need additional information please e-mail me at bob@boeckerbiz.com Respectfully, Robert Boecker 610 west 96`h street Chanhassen, MN 55317 SCANNED Survey for: BOB[101�CKER A -1A D 1 T1 v fj qi I 33 I 33 3 17 oN Z o �3 GARAGE,, 12"Asn 6.3, ; 1309.33 9.09..E `_�_____ 701 J0 76"Pine 0.1 - - - - - - - - - - uS w a. Inv. 886.91 1 - - - 1260. A'h 88 ® -, Boxelder B x r •Q� Inv. 88L54 14"Pine 5'9x $ 884.3 x xl 880.6 1p" i i. 12" i x "4 0 lelde 79 S ;g 883.6 8813 Boxelder •O- //fi�r--GRAVEL ® vi (7 �L �; -- --- *-„Mj'- -------------- 17% - 7 i �jd, L ff _ 11, y 41 3 r^ Inv. 886.95 t 90. 8H6.1. 884.3 1 Inv. H8819 8 .7 I. tX x 8 3 i ''�'- I'r�pOaed isswaod d 0 9a 883.9 L _ j 6 Bircn Gump 891.3 891.3 12.0 8CrT Ppm \ x 0 N LL1 Concrete to ........ i 6i Propw�d 9x o 00 5 >± be removed- J�,t _ _ y I 89.1 ^ (I��J/t�� r.\� 11 \�(� i. �}' fr+ 12 i h 8 56 f Q.C) 9rJ� 12 °.45h u) QD II x 't t1i i f\ 1- - w ^ 4"Maple P '-_ 2. x...5......._..._8912 .....Grade swale to provide � h .. , �ZJ �o - 884.4 I / eiHs �. 14 A ple-. n drainage to existing culvert - ti:.7 O * �"- '� G I ^ �` O d" i� 897.4 x ; 1 va , ..�ou ¢ - b C� I Q t0 .� a t- 1 - . {~� . Llan a so3.9 eoa a) s 0 > SSs.� 2 H796 ( x 878.9F' 1lS� S E i "3 2 9Z. (Full basement) 38.5 �i� �_ J_ ---- - ----- dncrete to be removed - ppy 'Z Q x - 5 „__ Edge of wet land delineated i �j HORSE EXISTING W mo _� P` Y 9 o eE92.B �. R"Crabapple 51+�_ If o b Aquatic EcoSolutions, Inc. 996.4 �i SHet_TSR POLE BARN g �.$ Maple at"GARAGE�g FLR4 EJ. xgC4 W °poo a n 5 90, i 878.9 i : f "cr - __ - - x - - .` V 2 X78 i6"CrOba le IH'Ash o4.b 903.6 10.00^::, x�_ 8 9.7\ FP x -3 7 --12 1 46 -- 701.81 . 8'Pme 24'Asb t '------- -- ---190 66eo 6651 1310.59 85.1 883.1 87 x /� x N ...G 1 (• SHED �<6 x CA a W ✓A� GARAG H6a-a _ - vV 33 33 I _ / /� rZz �-e- PAALeb ©CV S't-e "/LI0 l�./�i��d 0 0 h ro 0 INSTALL TYPE J EROSION CONTROL. - - - -FENCING AS SHOWN ON THE PLAN ANDOR - -- - - - - - - - - - _ CERTIFICATE OF SURVEY PRIOR TO EXCAVATION AND MAINTAIN UNTIL LO IS FULLY VEGETATED; DURING WINTER CONSTRUCTION STAKED HAY BALES MAY ----West line of the Southwest Quarter of the Northwest BE USED IN LIEU OF FENCING Quarter of Section 25, Township 116, Range 23 First floor elevation of existing house = 894.24 feet Basement floor elevation of existing house = 886.49 feet Proposed first floor of new addition = 894.24 feet Proposed basement floor of new addition = 885.16 feet 0 25 50 100 150 Scale in Feet Area including road = 203,044 square feet (4.65 acres) Area excluding road = 195,474 square feet (4.49 acres) Denotes Iron Monument Found o Denotes Iron Monument Set 96a.Ix Denotes Existing Elevation' so. x Denotes Proposed Elevation ,Denotes Proposed Surface Drainage 18 b 2-1 o Uj�z C) LU Uj cc a 3 i O � ZN v o' L � c O � N L� O I (} L vl I C 3 � N coOS N O t'U 0 Q - i v_a O ¢�u1ti 0l ° O o Z y o nO O o ti n6 L6 L i � L � Q� O U v. - W ° o¢ Z = I.. j Z a^ vJ I0 18 b Southwest corner of the Southwest Quarter of ----- the Northwest Quarter of Section 25, Township 116, Range 23 (Carver County Cast Iron Monument) Benchmark: Elevation = 887.63 feet PROPERTY DESCRIPTION The East one hundred fifty-five (155) feet of the West one thousand eighty-five (1085) feet, .as measured along the North and south lines thereof, of the Southwest Quarter of the Northwest Quarter of Section 25, Township 116, Range 23, Carver County, Minnesota. I hereby certify that this survey was prepared by me or under my direction and that I am a duty Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 30th day of July, 2002. �� R• P�y�F �/ RENDER & ASSOCIATES, INC.IV LICENSED LAND SEP 2 4 ?nit SURVEYOR 13295 Alvin R. Rehder, Land Surveyor CHANHAgSFN NSQF,C hOW Minnesota License No. 13295 Revised August 20, 2002 Revised August 30, 2002 - located delineated wet land and moved proposed building 11.66 feet to the north Revised September 30, 2002 - moved proposed building 75 feet from wetland Revised April 14th, 2004 - Show proposed house improvements and eievot clu Rehder and Associates, Inc. CIVIL ENGINEERS AND LAND SURVEYORS 3440 Federal Drive * Suite 240 -Eagan, Minnesota -Phone (651) 452-5051 JOB; 024-1865.010 FILE. OZ -147 2-1 o Uj�z C) LU Uj cc a i v Southwest corner of the Southwest Quarter of ----- the Northwest Quarter of Section 25, Township 116, Range 23 (Carver County Cast Iron Monument) Benchmark: Elevation = 887.63 feet PROPERTY DESCRIPTION The East one hundred fifty-five (155) feet of the West one thousand eighty-five (1085) feet, .as measured along the North and south lines thereof, of the Southwest Quarter of the Northwest Quarter of Section 25, Township 116, Range 23, Carver County, Minnesota. I hereby certify that this survey was prepared by me or under my direction and that I am a duty Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 30th day of July, 2002. �� R• P�y�F �/ RENDER & ASSOCIATES, INC.IV LICENSED LAND SEP 2 4 ?nit SURVEYOR 13295 Alvin R. Rehder, Land Surveyor CHANHAgSFN NSQF,C hOW Minnesota License No. 13295 Revised August 20, 2002 Revised August 30, 2002 - located delineated wet land and moved proposed building 11.66 feet to the north Revised September 30, 2002 - moved proposed building 75 feet from wetland Revised April 14th, 2004 - Show proposed house improvements and eievot clu Rehder and Associates, Inc. CIVIL ENGINEERS AND LAND SURVEYORS 3440 Federal Drive * Suite 240 -Eagan, Minnesota -Phone (651) 452-5051 JOB; 024-1865.010 FILE. OZ -147 A-33 Recreation Center July 14, 2015 OpFp C�I� you still want to pursue this building permit, you need to submit the required �f C>�ANNSEN information by August 1, 2015 and complete the construction of this hallway by Robert & Christin E. Boecker 7700 Market Boulevard 610 West 96oh Street PO Box 147 Chanhassen, MN 55317 Chanhassen, MN 55317 We discovered the illegal building expansion last year and issued a stop work order Re: Building Permit Administration request to allow this expansion to remain and I sent you a letter on February 24, 2015 Phone: 952.227.1100 Dear Robert and Christin Boecker: Fax: 952.227.1110 expansion. Subsequently, you applied for the permit to connect the house and the Fax: 952.2271310 On April 20, 2015, you submitted a building permit application for an approximately Building Inspections 180 -foot hallway connection from your house to the storage building. On April 30, Phone: 952.227.1180 2015, we notified you that your building permit application was incomplete and the Fax: 952.227.1190 following information would need to be submitted: Engineering Phone: 952.227.1160 1. Show existing gravel driveway/parking area and show the gravel driveway Fax: 952.227.1170 area to be removed on the survey. 2. The surveyor needs to calculate the hard surface coverage for the property. Finaace 3. Show existing green house and play house on the survey. Phone: 952.227.1140 Fax: 952.227.1110 4. Proposed connecting hallway on survey (approximately 178' long) does not match the proposed hallway length on the hard surface coverage worksheet Park & Recreation (152' long). Phone: 952.227.1120 5. Survey must show grading elevations along hallway to maintain proper Fax 952.227.1110 drainage away from structure and overland flow for rain events. Recreation Center We have not heard back from you since we sent this list of required information. If 2310 Coulter Boulevard Phone: 952.227.1400 you still want to pursue this building permit, you need to submit the required Fax: 952.227.1404 information by August 1, 2015 and complete the construction of this hallway by September 1, 2015. Otherwise, apply for a demolition permit and have the expansion Planning & removed by September 1, 2015. Natural Resources Phone: 952.227.1130 Fax:952.2271110 We discovered the illegal building expansion last year and issued a stop work order on August 28, 2014. On February 23, 2015, City Council denied your variance Public works request to allow this expansion to remain and I sent you a letter on February 24, 2015 7901 Park Place stating that you must apply for a demolition permit and remove or demolish this Phone: 952.227.1300 expansion. Subsequently, you applied for the permit to connect the house and the Fax: 952.2271310 storage building. Senior Center As it stands, your property is not in compliance with city code and must be brought Phone: 952.227.1125 into compliance. If you do not submit the required information nor apply for the Fax: 952.227.1110 demolition permit by August 1, 2015, we will tum this item over to the city attorney's website office for further action. You may contact Jerry Mohn at (952) 227-1199 or by email www.ci.chanhassen.mn.us at imohnAci.chanhassen.mn.us to discuss the requirements for the removal. Chanhassen is a Community for Life- Providing forTodayandPlanning for Tomorrow SCANNED Robert & Christin E. Boecker July 14, 2015 Page 2 If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerousAci.chanhassen.mn.us. Respectful) Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager Drew Ingvalson, Planner Roger Knutson, City Attorney Steve Lenz, Engineering Technician Jerry Mohn, Building Official c: Building File 610 West 96th Street g:\plan\2014 planning cases\2014-33 610 west 96th strew vananceftilding permit requirements and deadline.docx