PC Staff Report23-06Planning Commission Item
March 21, 2023
Item 746 Carver Beach Road - Consider a request for a variance to build a pool,
fence, and retaining walls
File No.Planning Case 2023-06 Item No: B.1
Agenda Section PUBLIC HEARINGS
Prepared By MacKenzie Young-Walters, Associate Planner
Applicant Suzette Belgarde
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage .51 Acres
Density NA
Applicable
Regulations
Chapter 1, General Provisions
Section 1-2, Rules of Construction and Definitions
Chapter 20. Article II, Division 3, Variance.
Chapter 20, Article II, Division 4, Nonconforming Uses
Chapter 20. Article XII. Single-Family Residential District.
Chapter 20. Article XXVIII. Bluff Protection.
SUGGESTED ACTION
"The Chanhassen Board of Appeals and Adjustments approves the variance request to construct a
swimming pool, retaining walls, and fence within the required bluff setback and impact zone, subject
to the conditions of approval and adopts the attached Findings of Facts and Decision."
SUMMARY
The applicant is requesting a variance to replace an existing concrete patio with a pool and fence and to
rebuild failing retaining walls within the property's bluff setback and impact zone. All work will occur
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within the property's existing distributed area with minimal impact to the bluff.
BACKGROUND
The neighborhood was platted in 1927.
The home was constructed in 1985.
The city's bluff ordinance was passed in 1991.
DISCUSSION
The applicant's home was constructed prior to the adoption of the city's bluff ordinance and the property
has numerous non-conforming features including the home, a patio, fence, shed, and retaining walls that
are located within the bluff setback and/or impact zone. The applicant is proposing reconfiguring one of
these non-conforming area, a yard area with a patio crated by a series of retaining walls, into a pool
area. This project would entail disturbing approximately 10 square feet of new area within the bluff
setback and adding approximately 35 square feet of new impervious area within the bluff setback. In
addition to the pool, the applicant will replace the property's failing retaining walls and install a pool
fence meeting the requirements of the City Code.
The applicant worked extensively with city staff to create a proposal that would allow for the
installation of a modest pool with minimal impact to the bluff. Given that the majority of the rear yard
is encumbered by the bluff and that area in question has already been distributed, staff believes the
request is reasonable and that it has its genesis in the circumstances associated with the home's age and
the property's topography.
A full discussion can be found in the attached staff report.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, approve
the variance request to construct a swimming pool, retaining walls, and fence within the required bluff
setback and impact zone, subject to the conditions of approval and adopts the attached Findings of Facts
and Decision.
1. Required zoning and building permits must be obtained before beginning any construction.
2. The location and configuration of the fence, pool, and retaining walls must substantially conform
to what is shown on the preliminary site plan prepared by NRD Landscape, design, and build
dated February 8th, 2023, and submitted to the city as part of Planning Case No. 2023-06.
3. Retaining walls more than four feet high, measured from the bottom of the footing to the top of
the wall, must be designed by a professional engineer and a building permit must be obtained
prior to construction. Retaining walls (if present) under four feet in height require a zoning
permit.
4. The rebuilt fence must be located entirely on the applicant’s property and the property’s fencing
must conform to Section 20-1021 of the City Code.
ATTACHMENTS
Staff Report
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Findings of Fact and Decision
Variance Document
Application for Development review 746 Carver Beach Road
Application Narrative 746 Carver Beach Road
Proposed Site Layout dated February 8, 2023
Existing Condition Survey (With Revised Bluff Information) Suzette Belgard 746 Carver Beach Road
Letter from Neighbor
Affidavit of Mailing
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CITY OF CHANHASSEN
SUMMARY OF REQUEST:
The applicant is requesting variances to replace their 12x20 concrete patio with a swimming
pool, rebuild failing retaining walls within the bluff setback and impact zone, and reconstruct a
failing fence.All repair and replacement of the said project will be placed at approximately their
existing locations.
LOCATION:
746 Carver Beach Rd
(Lots 2023-2028, 2061-2066 and the
south ½ of lot 2060 and 2022, Carver
Beach, Carver County)
OWNER:
Suzette Belgarde
746 Carver Beach Rd
Chanhassen, MN 55347
PRESENT ZONING:
RSF-Single Family Residential
District
2040 LAND USE PLAN:
Residential Low Density
ACREAGE:.51 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.
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments approves the variance request to construct a
swimming pool, rebuild existing retaining walls and build a fence within the required bluff setback
and impact zone, as shown in plans dated February 5, 2023, subject to the conditions of approval and
adopts the attached Findings of Facts and Decision.”
PC Date:March 21, 2023
CC Date:April 10, 2023
REVIEW DEADLINE:April 18, 2023
CASE #: 2023-06
BY:OA
6
SUMMARY OF PROPOSAL
The subject site is located west of
Lotus Trail and Lotus Lake. The
site is zoned Residential Single-
Family District (RSF) which
permits single-family homes. The
subject site contains a bluff in the
rear yard.The home was
constructed in 1985 and predates
the adoption of the Bluff Protection
(1991) ordinance.
The applicant is proposing to
replace an aging retaining wall in
the rear yard to mitigate and
stabilize erosion within the bluff.The majority of the residence and its accessory structures are
located within the Bluff Setback and Impact Zone, and were constructed prior to the adoption of the
Bluff Protection Ordinance. Therefore, the home and its accessory structures are legal non-
conforming. Also, the applicant is proposing to replace a 12x20 foot concrete patio with a
swimming pool and replacing an existing fence with a 6-foot privacy fence on the southern side of
the property. All developments will be placed in approximately the same location as the existing
structures.
The Bluff Impact Zone is defined as a bluff and land located within 20 feet from the top of a bluff.
All structures must maintain a 30-foot setback from the top of the bluff. Section 20-1401 (b) of the
Chanhassen City Code states,“On parcels of land on which a building has already been
constructed on June 1, 1991, the setback from the top of the bluff is five feet or existing setback,
whichever is more, for additions to an existing building. Any new buildings will have to meet the
30-foot setback.” The proposed retaining wall’s NE corner extends 3 feet farther down the bluff and
therefore requires variance approval.The swimming pool and associated apron are confined to a
disturbed area of the property currently containing the patio, and the increased impervious area,
approximately 35 square feet of new impervious within the bluff setback, associated with the
change in use represents an intensification of the existing non-conforming use.
Staff is recommending approval of the variance request because the proposed development wall will
not create a “yard”, but rather will maintain the existing and natural features of the site, stabilize the
bluff, and eliminate the current erosion problems. The proposed slope is consistent with the existing
topography of the site.
APPLICABLE REGUATIONS
Chapter 1, General Provisions
Section 1-2, Rules of Construction and Definitions
Chapter 20. Article II, Division 3, Variance.
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Chapter 20, Article II, Division 4, Nonconforming Uses
Chapter 20. Article XII. Single-Family Residential District.
Chapter 20. Article XXVIII. Bluff Protection.
BACKGROUND
The subject site is located on Carver Beach Road, which was platted in 1927. The home on the site
was constructed in 1985, prior to the adoption of the Bluff Protection ordinances. The top of the
bluff as well as all necessary setbacks are shown.The Bluff Protection ordinance was adopted in
1991. The intent of the Bluff Protection ordinance is to minimize the impact and erosion of the
bluff and maintain the natural character of the land. Structures are prohibited within the Bluff
Impact Zone, which is defined as a bluff and land located within 20 feet from the top of a bluff.
All structures must maintain a 30-foot setback from the top of the bluff.
The existing patio, retaining walls, and erosion problems existed prior to the current owner
purchasing the property. The retaining walls at the rear side of the house are failing and the
applicant will rebuild them at the same location to mitigate erosion. The applicant is requesting a
variance to:
Replace a concrete patio with a pool
Rebuild the retaining walls and install a fence on the property, which are currently in a
significant disrepair.
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The applicant has stated that the requested variances are necessary due to the presence of bluff at
the northern and eastern part of the property. The applicant has noted that it would be impossible
to construct a swimming pool outside of the bluff setback. “In my first design and plans to the
city, I proposed constructing the pool in a manner that will go beyond the existing bluff setback,
staff recommended I change my designs to prevent any extension outside the existing bluff
setback. I have worked with staff and made sure to have all proposed projects not go beyond the
existing bluff setback”says the applicant. That being said, the applicant has decided to replace
the existing 12x20 foot concrete patio with a swimming pool. The applicant believes that they
both fall under impervious surface when calculating lot cover and is requesting a variance for such
development since the project does not include any expansion to the disturbed area and will be
placed at the location of the existing structures. All proposed development will be within the
existing yard area.
Some of the proposed improvements do not require a variance according to Sec 20-1407 of the
City Code, any “lawful nonconforming structures that have been damaged or destroyed may be
reconstructed provided that it is reconstructed within one year following its damage or
destruction and provided the nonconformity is not materially increased”.The applicant is
referring to this section of the City Code to repair the retaining walls on the property that do not
include any form of expansions.
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Known Variances Within 500 Feet:
Variance Number Address Description Action
1975-03 6724 Lotus TRL 5’ front seatback
(garage)
Approved
1977-16 6870 Lotus TRL Lot size, sub 15,000
(addition)
Approved
19977-19 6850 Yuma Dr Lot size, sub 15,000
(house)
Approved
1978-12 690 Carver Beach Rd Lot size, sub 15,000
(addition)
Approved
1981-03 6880 Lotus TRL Lot size, sub 15,000
(house)
Not Approved
1983-01 6730 Lotus TRL 13' front and 8.75'
side (detached
garage)
Approved
1983-11 6879 Yuma Dr 4' front yard setback,
25' lot width, and
5,250sq. ft. lot area
variance
Not Approved
1986-07 6724 Lotus TRL 25' front yard setback
(for garage) and 10'
for a deck
Approved
1991-06 6724 Lotus TRL Sub 15,000 sq. ft. lot
area (subdivision)
Approved
1993-01 6880 Lotus TRL 10' front setback from
Lotus and Navajo
(addition)
Approved
1994-07 6724 Lotus TRL 5% LC (garage)Withdrawn
1999-03 6728 Lotus TRL 7’ front (addition)Denied
2001-10 6890 Navajo Dr 5.5' front, 7' side,
11% LC (house)
Approved
2003-02 767 Carver Beach Rd 6’ front, 8.5 % LC
(house)
Approved
10
2006-25 6724 Lotus TRL 22' front setback, 15'
front setback
(addition)
Not Approved
2011-10 6829 Yuma Dr 12' W front yard, 21'
E front yard (house)
Approved
2012-5 6780 Lotus TRL 2 driveways Approved
2013-22 6780 Lotus TRL 12' front setback
(accessory)
Not Approved
2019-14 690 Carver Beach Rd 5' front setback, 9.3%
LC
Approved
ANALYSIS
The Bluff Protection
section of City Code states,
“accessory buildings,
except stairways and
landings, are prohibited on
the bluff and must be set
back from the top of the
bluff, the toe of the bluff
and the side of the bluff at
least 30 feet” (Sec. 20-
1401 (a)). The current
owner, purchased the
property in September
2022. At that time, the
land alteration within the
bluff had already
occurred. The house was
built in 1985 which
predates the bluff
protection ordinance.
The retaining walls on the property are in a significant disrepair and the applicant, is requesting a
variance to reconstruct the retaining walls with modest 3foot extension into the bluff to square
off an existing wall as shown in the area highlighted in red. Also, the applicant wants to install a
swimming pool at the current location of the concrete patio and shed. There is an existing fence
to the southern side of the property that the applicant will want to rebuild. This fence will also
serve as part of the barricade for the proposed swimming pool along with a new iron fence that
will be within the bluff setback.
Portion on retaining
wall encroaching into
bluff setback,
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The said property meets the front and side yards setback. However, the rear side of the property
has a non-conforming bluff setback. Within the bluff impact zone and 30-foot bluff setback area
of the property as earlier stated, there are currently several retaining walls, deck, shed, porch and
a concrete patio. Since these structures are already in the setback area, the applicant is proposing
the retaining walls be repaired and the pool be installed in the disturbed area where the current
concrete patio is located. The applicant is proposing to repair the retaining walls to mitigate and
stabilize erosion within the bluff and also install a fence to serve as barricade for the swimming
pool. These new retaining walls and fence would be within the same location as the existing yard
area.
Given that the majority of the applicant’s rear yard is encumbered by the bluff and that the
portion of rear yard in question has already been disturbed by the existing retaining walls and
patio, staff believes the applicant’s request is reasonable. It should also be noted that the
applicant revised the original proposal to only add 10 square feet of new disturbance within the
bluff setback, the result of squaring off a corner of the rebuilt retaining wall, and to only add 35
square feet of new impervious surface within the bluff setback, she is replacing 240 square feet
of patio with 275 square feet of pool apron. This has resulted in a modest request, barely more
than what could be done under the city’s nonconforming use ordinance that has its genesis in the
unique circumstances associated with homes age and the property’s topography.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments,
approve the variance request to construct a swimming pool, rebuild existing retaining walls and build a
fence within the required bluff setback and impact zone, as shown in plans dated February 5, 2023,
subject to the conditions of approval and adopts the attached Findings of Facts and Decision.
1. Required zoning and building permits must be obtained before beginning any construction.
2. The location and configuration of the fence, pool, and retaining walls must substantially
conform to what is shown on the preliminary site plan prepared by NRD Landscape,
design, and build dated February 8th, 2023 and submitted to the city as part of Planning
Case No. 2023-06.
3. Retaining walls more than four feet high, measured from the bottom of the footing to the top of
the wall, must be designed by a professional engineer and a building permit must be obtained
prior to construction. Retaining walls (if present) under four feet in height require a zoning
permit.
4. The rebuilt fence must be located entirely on the applicant’s property and the property’s fencing
must conform to Section 20-1021 of the City Code.
ATTACHMENTS
1. Findings of Fact and Decision
2. Variance Document
3. Development Review Application
4. Variance Narrative
12
5. Written Justification
6. Proposed Plan and Survey
7. Letter of support
8. Affidavit of Mailing of Public Hearing Notice
g:\plan\2023 planning cases\23-06 746 Carver Beach Rd\staff report_746 Carver Beach Rd_var.docx
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1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Suzette Belgarde, for a Variance to construct a retaining wall within the Bluff
Impact Zone on property zoned Single-Family Residential (RSF) – Planning Case No. 2023-06.
On March 21, 2023, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Suzette Belgarde, for a Variance to construct a retaining
wall, a swimming pool and a fence within the Bluff Setback and Impact Zone on a property
zoned Single-Family Residential (RSF), located at 746 Carver Beach Rd. The Planning
Commission conducted a public hearing on the proposed Variances that was preceded by
published and mailed notice. The Planning Commission heard testimony from all interested
persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single-Family Residential (RSF).
2. The property is guided in the Land Use Plan for Residential Low Density.
3. The legal description of the property is: Lots 2023-2028, 2061-2066 and the south ½ of lot
2060 and 2022, Carver Beach, Carver County, MN.
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.
Findings:
The subject site is zoned Single-Family Residential District. The purpose of the request is
to permit the applicant to rebuild old retaining walls, fence and replace her patio with a
swimming pool in a previously distributed area within the bluff setback. The Bluff
Protection Ordinance is meant to protect natural resources. The proposed developments
are primarily replacing existing accessory structures with a minimal increase in size and
disturbed area and can be completed without increasing erosive conditions or negatively
impacting the bluff. Additionally, it is the intention of the city code to permit owners of
nonconforming properties to improve their properties.
14
2
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.
Findings:The subject site and the home predate the adoption of the Bluff Protection
Ordinance. The home, existing retaining walls, patio, and fence were built within the
bluff setback and Bluff Impact Zone. Due to the location of these features it is not
possible for the applicant to install typical rear yard amenities without working within the
bluff impact zone and bluff setback. None of the request features are atypical for a
residential property nor are the proposed dimensions excessive. The proposed pool and
apron are of modest size and have been located within the previously disturbed area to
avoid further impacting the bluff.
c. That the purpose of the variation is not based upon economic considerations alone.
Findings: The purpose of the request is not based on the desire to increase the value or
income potential of the site. The intent is to stabilize the bluff and provide a modest pool
for the enjoyment of the owner.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner
Findings: The request is not a self-created hardship. The plating of the lot and
construction of the home predates the adoption of the Bluff Protection Ordinance. The
majority of the yard is located within the Bluff setback and bluff Impact Zone due to the
resulting non-conforming status of the parcel.
e. The variance, if granted, will not alter the essential character of the locality.
Findings: The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood. The retaining wall will
have a positive impact on the surrounding area by mitigating the stabilizing the bluff. The
proposed swimming pool will be high up on the property and not in public view, nor
would the addition of a swimming pool typically be considered a negative feature within
a residential neighborhood.
f. Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06,
subd. 14, when in harmony with this chapter.
Findings: This does not apply to this request.
5.The planning report #2023-06, dated March 21, 2023, prepared by Olivia Adomabea
is incorporated herein.
15
3
ACTION
The Chanhassen Planning Commission, as the Board of Appeals and Adjustments construct a
swimming pool, rebuild existing retaining walls, and build a fence within the required bluff
setback and impact zone, Planning Case #23-06, based on these findings of fact.
ADOPTED by the Chanhassen Planning Commission this 21st day of March 2023.
CHANHASSEN PLANNING COMMISSION
BY:___________________________________
Its Chairman
16
1
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2023-06
1.Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves the variance request to
construct a swimming pool, rebuild existing retaining walls and build a fence within the
required bluff setback and impact zone, subject to the conditions of approval and adopts
the attached Findings of Facts and Decision.”
2.Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lots 2023-2028, 2061-2066 and the south ½ of lot 2060
and 2022, Carver Beach, Carver County, MN.
3.Conditions.The variance approval is subject to the following conditions:
1. Required zoning and building permits must be obtained before beginning any
construction.
2. The location and configuration of the fence, pool, and retaining walls must substantially
conform to what is shown on the preliminary site plan prepared by NRD Landscape,
design, and build dated February 8th, 2023 and submitted to the city as part of Planning
Case No. 2023-06.
3. Retaining walls more than four feet high, measured from the bottom of the footing to the
top of the wall, must be designed by a professional engineer and a building permit must
be obtained prior to construction. Retaining walls (if present) under four feet in height
require a zoning permit.
4. The rebuilt fence must be located entirely on the applicant’s property and the property’s
fencing must conform to Section 20-1021 of the City Code.
4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not
been substantially completed, this variance shall lapse.
17
2
Approved by Planning Commission: March 21, 2023
CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
(SEAL)
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2023 by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
18
23-0 1,
coiiMuNrrY DEVFLOPiTENT DEPARTMENT
Planning Division /7700 Market Boulevard
Mailing Address -F.O. eox 147, Chanhassen, MN 55317
Phone: (952) 227 -1 100 I Fa<: (952\ 227 -1 1 10
CNYOTCHNIIASSII'I
SubrnifialEale:2 -t-7 -23 -a1-23
""o",.1 -t r,-23 r0-o"y a.t"* o"t", 4zL&-2 ?
APPLICATION FOR DEVELOPMENT REVIEW
PC Date
Section 1: Applicataon Type (check all that apply)
(Refer to the appropiate Application Checklist lor rcquired submiftal infomation thal must a$rtmpany this application)
E Comprehensive Plan Amendment.....................
E Minor MUSA line for failing on-site sewers.
! subdivision (SUB)
E Create 3 lots or less
! Create over 3 lots...
trtrnn
fl Conditional Use Permit (CUP)
E Single-Family Residence .
E Att others......
E lnterim Use Permit (lUP)
E ln conjunction with SingleFamily Residence.. $325E Alt others...... ......................$425
E Rezoning (REz)
n Planned Unit Development (PUD) -.E Minor Amendment to existing PUD.
E A others......
E Site Ptan Review (SPR)
! Administrative ..................... $100
E Commercial/lndustrial Districts'...................... $500
Plus $10 pe|I,000 square feet of building area:( thousand square feet)
'lnclud€ number of Cllgq4q employees:
*lnclude number of Dgq employees:
E Residential Districts......................................... $500
Plus $5 per dwelling unit ( units)
( lots)
Metes & Bounds (2 lots).............
Consolidate Lots.......-..........................-...........
Lot Line Adjustment.........................
Final Plat.............
(lncludes $450 escrow for attorney costs)*
'Additional escrolv may be required for other applications
through the development contrad.
$600
$100
$325
$425
. $750
. $100
. $500
E Vacation of EasemenwRaght-of-way (VAC)
(Additional rccording fe€s may apply)
E Wetland Alteration Permit (WAP)
E Single-Family Residence......
E ntt ofirers......
E Zoning Appea|.....................................
E zoning Ordinance Amendment (ZOA)
$300
$200
$150
$275
$200
$500
Xruomotion Sign (city to instart and remove) .........-...
5 ::::"H.::il;::iJ;-ilT#;;--:-',*'-1,4q
E 9:*'i"J',UsePermit Hlfx**yyb,*I Metes & Bounds Subdivision (3 docs.) -E Easements L- easements)
$200
.. $3 Per address
addresses)
.......,.....,... $50 per document
E Site Ptan Agreement
E Wetland Alteration Permit
E Deeds
TOTAL FEE:
on-
Section 2: Required lnformation
Description of Proposal
Property Address or Location
Parcel #:
Total Acreage:
Present Zoning
elf C I
Wetlands Present?
Select One S
Present Land Use Designation Select
Existing Use of Property
Kn""* box if separate nanative is ed
n rng
Use Desig nation
trvesAo
R
! Sign Plan Review.................................................-.$150
!gIE: When multiple applications are procassed concurrendy,
the appropriate fee shall be charged lor each application.
Legal Description:
Select One
Select One
19
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to rile 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. lf this application has not been signed by
the property owner, I have attached separale documentation of full legal capacity to lile 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 malerial and the progress of this application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name:Contact
Phone:Address:
City/State/Zip
Email:
Cell:
Fax:
DateSignature:
PROPERW OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name:Contact:
Phone:Address:
City/State/Zip ..rs--.3/Cell:
Fax:
Date
Email:
Signature
PROJECT ENGINEER (caute) (Lc,lJ5< a-P-r")
lr\Name:,C Contact:
Phone: l
c
Address:
City/State/Zip Cell:
Fax:Email:
Who should receive copies of staff reports?'Other Contact lnformation:
Property Owner Email ame:
Applicant
Engineer
Other'
Email
Email
Email
Address:
City/State/Zip:
il:
INSTRUCTIONS TO APPLICANT: Com plete all necessary &A?irh",then select SAVE FoRM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.
This application must be completed in full and be typewritten or cleady printed and must be accompanied by all
information and plans required by applicable City Ordinance provisions. Before filing this application, refer lo the
appropriate Application Checklist and confer with the Planning Deparlment 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.
4'tr
&
Section 4: Notification lnformation
20
Eebruar5r 15,3025
Cityof Chanhassen
Community Development Department
Plannjng Division -
I would like to utilize a small area of my property to upgrade the
usability of tJre extenior space by instaJlin€ a small pool and new
retainingf walls. As shown on the existin€ conditions survey, I harl
done, a large portion of the property is part of the bluff. Within 50-
foot bluff setback area, there are cumently several retaining walls
a.nd concrete patio. Silce these items are atready in ttre setba,ck area,
I arn proposing the pool to be installed essentla,Ily where the current
concrete patio is. fhe retaining walls are old and in poor condition as
part of tJris improvement, I would have tJ:e walls rebuilt to better
support tJrc glades. Ttlese new retaining walls would also be within
the same location as ttrre existin€ retaiiningwalls. Since these
proposed landscape improvements have thoughtfuIy been designed
to be within the same area already impacted by the current
structures, I arn hopefirl you will allow this varia,nce request so that I
A.m able to utifize a portion of myback5rard.
Thankyou,
Suzette B. Bel€larde
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Eebruary 17, 2023
City of Chanhassen
Community Development Department
Varj-ance Application Checkl,ist
My ori-gina1 landscape plans were quite extensive and
would have gone into the bluff area. I received the
surveyed drawings of the bluff location and setback.
After learning of thi-s I worked wi-th the landscaper to
modify plans that wou1d not alter the essential
character of the locaIity. The original house, decks
and retaining wa11s were built, installed before I took
ownership of the property. The smaller therapeutic,
fitness pool will help with my degenerative arthritis
as f age and with be placed within the existing
condition area. I woufd be putting in an iron pool
fencing on three sides of pool area. I wi-Il be
proposing a new 6-foot privacy fence on the south side
of the property. A fence is already in place and in
poor condition.
S j-ncereJ-y,
Suzette B Belgarde
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March 6, 2023
Mackenzie Young-Walters
City of Chanhassen
Planning and Zoning
Via email
Planning Commission Members
Re: Case# 2023-06 Suzette Belgarde
I am writing with regard to the proposed variance request by Suzette Belgarde to construct a pool and
retaining walls on property located at 746 Carver Beach Road. I will be out of town during the public
hearing but would appreciate my letter being incorporated into the record and read at the public
hearing.
I am in full support of the City of Chanhassen granting the necessary variances and of Ms. Belgarde’s
overall plans.I have lived kiddie corner to the Belgarde property for over thirty years. The Carver
Beach neighborhood was platted in the very early 1900’s and as such, represents development
challenges under today’s “modern” ordinances. As a civil engineer, I also understand that protecting
our natural resources and the structural integrity of the bluff are primary objectives of the bluff
ordinance. In reviewing Ms. Belgarde’s proposed project, it is apparent that the plans are well thought
out, facilitate the repair and upkeep of existing structures and walls, and eliminate or minimize
impacts to the bluff and vegetation on the bluff. I hope that the Planning Commission and Council
recognize the value of the proposed request and that they will grant the required variances and
approve the project as proposed.
Best Regards,
Kirsten Pauly, P.E.
751 Carver Beach Road
Chanhassen, Mn 55317
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