PC Staff ReportPlanning Commission Item
June 6, 2023
Item Consider a request for a front yard setback and other variances to build a two-
story home on property located at 3632 Hickory Road.
File No.Item No: B.1
Agenda Section PUBLIC HEARINGS
Prepared By MacKenzie Young-Walters, Associate Planner
Applicant
Chris Ahlbrecht
Superior Contracting
22536 Aberdeen Ave
Jordan, MN 55352
On behalf of Kristen Christianson, Homeowner.
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage .72
Density NA
3
Applicable
Regulations
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.
Chapter 1, General Provisions
Section 1-2, Rules of Construction and Definitions
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article II, Division 4. Nonconforming Uses
Chapter 20, Article VII. Shoreland Management District.
Chapter 20, Article XII, “RSF” Single-Family Residential District
Section 20-615, Lot Requirements and Setbacks.
Chapter 20, Article XXIII, Division 1, Generally
Section 20-904, Accessory Structures
Chapter 20, Article XXIV, Division 2, Parking and Loading
Section 20-1122, Access and Driveways
Chapter 20, Article XXVIII, Bluff Protection
SUGGESTED ACTION
"The Chanhassen Board of Appeals and Adjustments approves the requested 10-foot front yard
setback variance for the construction of a home, subject to the conditions of approval, and adopts the
attached Findings of Facts and Decision."
SUMMARY
The applicant is requesting a variance to replace a home with a nonconforming 17.5-foot front yard
setback with a new home with a 20-foot front yard setback. Although the proposal increases the home’s
distance from the road, the footprint of the structure within the required 30-foot front yard setback is
increasing which requires a variance
BACKGROUND
County records indicate the home was built in 1916.
In July of 2020, the city issued a demolition permit the boathouse.
In October of 2020, the city issued a permit to replace the gravel parking pad.
In May of 2021, the city issued a permit to replace the demolished boathouse.
DISCUSSION
The applicant is proposing replacing an existing home with a 17.5-foot front-yard setback with a new
4
home that would have a 20-foot front yard setback. The lot is fairly unique in that it is bisected by a
public street and then the homestead portion of the lot is further bisected by bluff. The presence of bluff
and its associated 30-foot setback leaves the property with a shallow buildable area. The owner is
requesting a 10-foot variance from the property’s 30-foot front yard setback in order to accommodate
the construction of a home with a more typical depth. The applicant has noted that numerous other
properties in the neighborhood also have reduced front yard setbacks.
Staff believes that the proposed depth of the applicant’s home is reasonable, and the encroachment into
the front yard setback allows for the proposed structure to not encroach within the property’s bluff
setback. The requested front yard setback for the new home is less than the non-conforming front yard
setback of the existing home and facilitates a long enough driveway to provide off street parking. Given
the constrained nature of the site’s buildable area and presence of numerous other reduced front yard
setbacks in the neighborhood, staff supports the requested 10-foot front yard variance.
RECOMMENDATION
Staff recommends that the Planning Commission approve the requested 10-foot front yard setback
variance, for the construction of a home, subject to the following conditions:
1. A building permit must be obtained prior to demolishing any structures on the site and before
beginning any construction on the site.
2. Building plans must provide sufficient information to verify that proposed building meets all
requirements of the Minnesota State Building Code, additional comments or requirements may be
required after plan review
3. A building permit must be obtained before beginning any construction.
4. Retaining walls (if present) 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.
5. Any portion of the retaining wall on private property is to be owned and maintained by the
property owner.
6. If any soil corrections are done on the property a final grading plan and soil report must be
submitted to the Inspections Division before permits will be issued.
7. A permanent 10-foot native vegetated buffer adjacent to the lake with permanent buffer signs
must be installed along the shoreline using species native to the ecotype. Buffer strip averaging
may be used to achieve the total buffer area required. Alternative designs including the use of
Best Management Practices (BMPs) such as rain gardens would also be considered for approval.
The buffer or BMP design may be configured around the path and stairs. Design plans must be
approved by the Water Resources Engineer.
8. A buffer and/or BMP agreement describing the precise location and extent of the buffer strip or
BMP, as well as the restrictions and maintenance for activities within the buffer strip and/or
BMP, shall be signed by the property owner and the city and shall be recorded against the
property at the county recorder's office. The property owner shall be responsible for all costs and
fees associated with the buffer strip dedication.
9. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources and
the Minnehaha Creek Watershed District, and all applicable permits shall be obtained prior to any
site improvements.
ATTACHMENTS
5
Staff Report 3632 Hickory Road Variance
Findings of Fact
Variance Document
Water Resources Memo
Application for Development Review 23-09
Plans
Narrative 23-09
Letter from Applicant
Affidavit of Mailing 23-09
6
CITY OF CHANHASSEN
PC DATE: June 6, 2023
CC DATE: June 26, 2023
REVIEW DEADLINE: July 4, 2023
CASE #: PC 2023-9
BY: MYW
SUMMARY OF REQUEST:
The applicant is requesting a variance to replace a home with a nonconforming 17.5-foot front
yard setback with a new home with a 20-foot front yard setback. Although the proposal increases
the home’s distance from the road, the footprint of the structure within the required 30-foot front
yard setback is increasing which requires a variance.
LOCATION: 3632 Hickory Road
APPLICANT: Chris Ahlbrecht
Superior Contracting
22536 Aberdeen Ave
Jordan, MN 55352
PRESENT ZONING: Single Family Residential
Distract (RSF)
2040 LAND USE PLAN: Residential Low Density
ACREAGE: .72 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 proposing replacing an existing home with a 17.5-foot front-yard setback with a
new home that would have a 20-foot front yard setback. The lot is fairly unique in that it is
bisected by a public street and then the homestead portion of the lot is further bisected by bluff.
The presence of bluff and its associated 30-foot setback leaves the property with a shallow
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments approves the requested 10-foot front yard
setback variance for the construction of a home, subject to the conditions of approval, and adopts
the attached Findings of Facts and Decision.”
7
3632 Hickory Road
June 6, 2023
Page 2
buildable area. The owner is requesting a 10-foot variance from the property’s 30-foot front yard
setback in order to accommodate the construction of a home with a more typical depth. The
applicant has noted that numerous other properties in the neighborhood also have reduced front
yard setbacks.
Staff believes that the proposed depth of the applicant’s home is reasonable, and is appreciative
that the applicant is not requesting a variance from the property’s bluff setback. The requested
front yard setback for the new homes is less than the non-conforming front yard setback of the
existing home and facilitates a long enough driveway to provide off street parking. Given the
constrained nature of the site’s buildable area and presence of numerous other reduced front yard
setbacks in the neighborhood, staff supports the requested 10-foot front yard variance.
APPLICABLE REGULATIONS
Chapter 1, General Provisions
Section 1-2, Rules of Construction and Definitions
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article II, Division 4. Nonconforming Uses
Chapter 20, Article VII. Shoreland Management District.
Chapter 20, Article XII, “RSF” Single-Family Residential District
Section 20-615, Lot Requirements and Setbacks.
Chapter 20, Article XXIII, Division 1, Generally
Section 20-904, Accessory Structures
Chapter 20, Article XXIV, Division 2, Parking and Loading
Section 20-1122, Access and Driveways
Chapter 20, Article XXVIII, Bluff Protection
BACKGROUND
County records indicate the home was built in 1916.
In July of 2020, the city issued a demolition permit the boathouse.
In October of 2020, the city issued a permit to replace the gravel parking pad.
In May of 2021, the city issued a permit to replace the demolished boathouse.
8
3632 Hickory Road
June 6, 2023
Page 3
SITE CONSTRAINTS
Zoning Overview
The property is zoned single-family residential (RSF) district and is located within the Shoreland
Management District with lake frontage. The table below shows what is required by the zoning
code and what is being proposed by the applicant as it pertains to the existing and proposed
house.
9
3632 Hickory Road
June 6, 2023
Page 4
Ordinance Existing Proposed
Zoning RSF RSF RSF
Lot Area 20,000 sq. ft. 31,373 sq. ft. 31,373 sq. ft.
Front Yard Setback 30’ 17.5’ 20’
Side Yard Setback 10’ 28.8’ (E)/54’ (W) 12’ (E), 11’ (W)
Shoreland Setback 75’ 112’ 106’
Bluff Setback 30’ 30’ 30’**
Hard Surface Coverage 25% (5,000 SF) 12.94% (4,060 SF) 18.94% (5,942)
Lot Frontage 90 Feet 120 Feet 120 Feet
Lot Depth* 125 168’ 168’
Structure Height 35 Feet Unknown Unknown
Water Oriented
Structure
250 Square Feet None None
Driveway Access 1 2 2
*Listed lot depth is for homestead portion of lot. The other portion of the lot has a depth of 100’.
**Submitted plans show a 1.25’ encroachment into the buff, the applicant has stated that the
layout is preliminary and will be revised to meet the bluff setback.
In addition to the existing home, the property has three sheds, a detached garage, and boathouse.
The north shed is approximately 80 square feet with a nonconforming 5’ bluff setback, the south
shed is approximately 70 square feet with a nonconforming 7.4’ front setback, and the west shed
is approximately 125 square feet with a nonconforming 2.9’ side setback. The detached garage is
approximately 400 square feet with a nonconforming 15’ front setback. The boathouse is
approximately 270 square feet with nonconforming 4.5’ shoreland and 4’ bluff setbacks. The
property also has a nonconforming gravel parking pad 676 square foot gravel parking pad within
the front yard setback of the non-homestead portion of the lot.
Bluff Creek Corridor
This is not encumbered by the Bluff Creek Overlay District.
Bluff Protection
Bluffs are present on the property. Several of the existing detached structures have
nonconforming bluff setbacks, but both the existing and proposed house meet the required bluff
setback.
10
3632 Hickory Road
June 6, 2023
Page 5
Floodplain Overlay
Portions of the south eastern edge of the property
appear to be within the AE Flood Zone (One percent
annual flood chance, shown in yellow) and the 500
year flood zone (shown in red); however, no portion
of the proposed project will take place within those
areas.
Shoreland Management
The property is located within the Shoreland
Management District and is riparian. This district
requires a 75-foot structure setback from the lake’s
ordinary high-water level and limits the property to a maximum impervious surface coverage of
25 percent. It also requires 90 feet of lot width and a minimum 20,000 square feet of lot area.
Wetland Protection
There is not a wetland located in the project area.
NEIGHBORHOOD
Red Cedar Point
The plat for this area was recorded in August of
1913. Over the subsequent century, the City of
Chanhassen was formed, a zoning code was
passed, the zoning code was amended
numerous times, and buildings were built,
demolished, and rebuilt to meet the standards
and needs of the existing ordinances.
Additionally, the neighborhood’s roads were
not always constructed within their designated
right of way. In some areas, this has led to
portions of buildings being located in the right
of way and portions of these roads being
located within residents’ property lines. Very
few properties in the area meet the requirements
of the city’s zoning code, and most properties
either are nonconforming uses or are operating
under a variance.
11
3632 Hickory Road
June 6, 2023
Page 6
Variances within 500 feet:
3628 Hickory Road
(PC 2002-05): Approved- 13’ front [Hickory], 2’ front [Red Cedar Point Rd], and 5’ side
setbacks (detached garage).
3728 Hickory Road
(PC 1992-04): Withdrawn- 5’ front and 5’ side setbacks (home)
3732 Hickory Rad
(PC 1982-12): Approved- 2’ side and 33’ shore setbacks, 50’ lot width, and sub 20,000
sq. ft. lot size (house).
3733 Hickory Road
(PC 2000-09): Approved- 18’ front and 6’ side setback, 5% LC (detached garage).
3735 Hickory Road
(PC 2006-31): Approved- 12’ front setback and 3.94% LC (garage).
7201 Juniper Ave
(PC 1979-07): Approved- sub 15,000 sq. ft. lot size (house).
(PC 1984-02): Approved- 8.66’ front setback (addition).
(PC 1998-07): Approved- 11.5’ front setback (addition).
3607 Red Cedar Point Rd
(PC 1981-08): Approved- 7.5’/13.5’ lake setbacks (deck/steps).
(PC 1992-01): Approved- 1.5’ side and 14.5’ lake setbacks (addition).
3609 Red Cedar Point Rd
(PC 2022-13): Approved- 10’ lake setback (house).
3613 Red Cedar Point Rd
(PC 1976-11): Approved- 10’ lot frontage (house).
(PC 1979-02): Approved- 23’ front setbacks (house).
(PC 1983-09): Approved- 12’ front, 2’ side, and 7’ lake setbacks (house).
3616 Red Cedar Point Rd
(PC 2021-01): Approved- 18’ E front and 13’ lake setbacks (deck).
3617 Red Cedar Point Rd
(PC 2018-01): Approved- 11.5’ front, 22.1’ lake setbacks, 11% LC (house).
(PC 2019-03): Approved- 8.5’ front and 25.1’ lake setbacks, 10.4% LC (house).
3618 Red Cedar Point Rd
(PC 1993-06): Approved- 8’ side and 15’ lake setbacks (deck and porch).
3624 Red Cedar Point Rd
(PC 1985-20): Approved- 4.8’ side and 1.2’ front setbacks (detached garage).
3625 Red Cedar Point Rd
(PC 2009-15): Approved-15.5’ front, 6.5’ E side, 9’ driveway, and
18.5’ lake setbacks, 12.3% LC, and one car garage (house).
3627 Red Cedar Point Rd
(PC 2016-11): Approved- 13.6 lake setback and 4.8% LC (house and patio).
3629 Red Cedar Point Rd
(PC 1980-08): Approved- 12’ front and 3’ side setbacks, 30’ lot width,
40’ lot frontage, and 13,000 sq. ft. lot area (house).
(PC 1987-13): Approved- 12’ front and 3’ side setbacks (house).
12
3632 Hickory Road
June 6, 2023
Page 7
3637 Red Cedar Point Rd
(PC 1978-07): Approved- 19’ front setback (detached garage).
(PC 2004-07): Approved- 19.25’ front and 4’ lake setbacks and 15% LC (addition).
3622 South Cedar Drive
(PC 2017-09): Approved- Intensify non-conforming use (raise garage height).
3633 South Cedar Drive
(PC 2006-04): Approved- 22.5’ front and 15.8’ front setbacks, and 2.39% LC (garage).
(PC 2008-04): Approved- 8’ side and 20.2’ front setbacks (home).
3701 South Cedar Drive
(PC 1980-04): Approved- 14’ front and 25’ lake setbacks, and sub 20,000 sq. ft. lot size
(house).
(PC 1985-27): Approved- 5’ front and 35’ lake setbacks (house).
(PC 2015-07): Approved- 15’ lake setback (addition).
3703 South Cedar Drive:
(PC 2021-25): Approved- 1.3’ front, 3’ E side, 3’ W side, and 34.2 lake setbacks and
20% LC (house).
3705 South Cedar Drive:
(PC 1996-04): Approved- 3’ side and 31’ lake setbacks (house).
3707 South Cedar Drive:
(PC 1984-18): Approved- 20’front setback (detached garage).
3711 South Cedar Drive:
(PC 1977-14): Denied- Intensify non-conforming use (addition).
(PC 1977-18): Approved- Intensify non-conforming use (raise house height).
(PC 2022-01): Approved- 7.9’ W side and 8’ front setback, and 15.6% LC (detached
garage)
3713 South Cedar Drive:
(PC 1985-26): Approved- 15’ front setback (detached garage).
(PC 2019-11): Approved- 5’ front setback and 1.83% LC (garage)
3715 South Cedar Drive:
(PC 1975-01): Approved- 20’ front setback (garage).
ANALYSIS
Front Setback
The applicant is proposing removing the existing home, which has a 17.5-foot front yard setback,
and replacing it with a new home with a 20-foot front yard setback. The applicant has noted that
the current home is a seasonal home that needs to be replaced, and that the presence of a bluff
and its associated 30-foot setback leaves them with a buildable area that is only 24 feet deep at
its shallowest point. They have stated that their goal in requesting a front yard setback variance is
to allow them to construct a house with adequate depth while still avoiding any encroachment
into the bluff setback. Finally, they note that many homes in the area have reduced front yard
setbacks and that what they are proposing would not be out of character for the neighborhood.
13
3632 Hickory Road
June 6, 2023
Page 8
Staff agrees that the bluff creates a unique challenge to placing a
home on this site. If the bluff was not present the property’s 168
foot lot depth would allow for a 63-foot deep by 100-foot wide
buildable area; however, the bluff setback reduces the buildable
area to a depth of 24-feet at its narrowest and 32-feet at its
widest. Twenty-four feet is atypically shallow for a modern
home and even the existing home is 34-feet deep. The
applicant’s proposed home ranges between 29 and 37 feet deep,
with the deepest portion including the 24 foot deep garage. Staff
does not believe the proposed home depth is atypical and notes
that the applicant has designed the home so that it is narrower
where the buildable area is narrower and deeper where the
buildable area is deeper.
In order to accommodate the proposed home, a setback would
be required from either the required bluff setback or the required
front yard setback. The applicant, after consulting with staff,
determined that it was much more important to protect the bluff
and decided to request a 10-foot reduction to the 30-front yard
setback. The intent of the city’s required 30-foot front yard
setback is to ensure that neighborhoods have a consistent
aesthetic (i.e. greenspace along road corridors and consistent
siting of building pads) and that there is adequate driveway length to accommodate off-street
parking.
In this case the applicant is proposing a 20-foot driveway, which exceeds the city’s 18-foot
minimum driveway distance and the property has
additional off street parking in the form of a non-
conforming gravel pad and detached garage across the
street. As the applicant is adding an attached two-car
garage to the property the proposal would be expected
to increase the amount of off street parking available on
the site. While a 30-foot driveway capable of
accommodating longer vehicles is always preferable,
especially in cases like this where there is not a wide
right-of-way, the proposal meets the city’s minimum
standards and is consistent with what has historically
been approved for sites with narrow buildable areas.
This issue of neighborhood aesthetic will be discussed
in detail in the following section; however, this area has
many properties with reduced front yard setbacks, including the existing home, and the requested
reduction would not represent a departure from neighborhood norms. Given the facts that the lot
and existing home were created before the existing zoning code, that the buildable area of the
homestead site is constrained by the presence of a bluff, that the existing home has a 17.5 foot
14
3632 Hickory Road
June 6, 2023
Page 9
front yard setback, that sufficient driveway is proposed to provide off street parking, and the
importance for maintaining maximum separation between the structure and bluff, staff supports
the proposed 20-foot front yard setback.
Retaining Wall
The applicant’s concept plans illustrating the proposed home footprint depicts potential impacts
to a modular block retaining wall. The wall is located both in the public right-of-way and on the
subject property. A portion of the existing wall that wraps into the property appears to be
proposed for removal and reconstruction to facilitate the construction of a driveway. While the
retaining wall is publicly owned and maintained within the right-of-way, the city would permit
the removal of a portion, or all, of the retaining wall to facilitate the construction of the proposed
home. Due to the limited width of Hickory Road abutting the property (approximately 15 feet in
width), snow removal and maintenance operations are difficult, and removal of the wall would
facilitate better service directly abutting the property. When the applicant submits building
permits for the construction of the home, any portions of the wall that remain on the private
property will be required to be owned and maintained by the property owner.
Impact on Neighborhood
Red Cedar Point is one of the city’s oldest
neighborhoods and it has a very eclectic
mix of housing styles with some homes
dating to the early 1900s and others to the
early 2020s. While the applicant has not
provide staff with sample elevations, they
have indicated that they are proposing a
two story home with a two car attached
garage. The house will meet the zoning
district’s required height, lot cover, and side yard setback requirements, and the applicant has stated
the appearance will be broadly consistent with the other more recently constructed homes in the
area. The home’s foot print is wide and relatively shallow which is fairly common for lake lots
where homeowners try to maximize the number of rooms with lake views.
While the applicant is proposing a 20-foot front yard setback, this is not atypical for the area. The
current home has a 17.5-fot front yard setback and the city has approved front yard setback
variances for 18 of the 50 properties within 500 feet of the applicant’s and several other properties
appear to have nonconforming front yard setbacks. Of those 18 properties that have received front
yard setback variances, 14 were approved for front yard setbacks of 20 feet or less, generally in
recognition of an existing nonconformity. Given the commonness of reduced front yard setback in
the neighborhood, staff does not believe that the request variance would represent a departure from
the neighborhood’s current norms nor would it be expected to negatively impact the surrounding
properties.
15
3632 Hickory Road
June 6, 2023
Page 10
RECOMMENDATION
Staff recommends that the Planning Commission approve the requested 10-foot front yard
setback variance, for the construction of a home, subject to the following conditions:
1. A building permit must be obtained prior to demolishing any structures on the site and
before beginning any construction on the site.
2. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review
3. A building permit must be obtained before beginning any construction.
4. Retaining walls (if present) 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.
5. Any portion of the retaining wall on private property is to be owned and maintained by
the property owner.
6. If any soil corrections are done on the property a final grading plan and soil report must
be submitted to the Inspections Division before permits will be issued.
7. A permanent 10-foot native vegetated buffer adjacent to the lake with permanent buffer
signs must be installed along the shoreline using species native to the ecotype. Buffer
strip averaging may be used to achieve the total buffer area required. Alternative designs
including the use of Best Management Practices (BMPs) such as rain gardens would also
be considered for approval. The buffer or BMP design may be configured around the path
and stairs. Design plans must be approved by the Water Resources Engineer.
8. A buffer and/or BMP agreement describing the precise location and extent of the buffer
strip or BMP, as well as the restrictions and maintenance for activities within the buffer
strip and/or BMP, shall be signed by the property owner and the city and shall be
recorded against the property at the county recorder's office. The property owner shall be
responsible for all costs and fees associated with the buffer strip dedication.
9. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural
Resources and the Minnehaha Creek Watershed District, and all applicable permits shall
be obtained prior to any site improvements.
g:\plan\2023 planning cases\23-09 3632 hickory rd var\staff report_3632 hickory road var.docx
16
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Chris Ahlbrecht on behalf of Kristen Christianson for a font yard setback variance to
facilitate the construction of a home on a property zoned Single Family Residential District (RSF) –
Planning Case 2023-09.
On June 12th, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and mailed
notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
The legal description of the property is:
Lots 9, 10, 11, 37, 38, and 39, Red Cedar Point Lake Minnewashta, Carver County, Minnesota.
3. 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: Granting the requested 10-foot front yard setback will allow the applicant’s equal
use of their property by facilitating the construction of a single-family home on a property
guided for this use by the Comprehensive Plan. The proposed front yard setback will still
allow for an adequate front yard and a driveway capable of providing off-street parking.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties" as used in connection with the granting of a variance, means that the property
owner proposes to use the property in a reasonable manner not permitted by this Chapter.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
Finding: The proposed home’s depth is not atypical or excessive, and would be possible on
most properties in the city. It would not be possible to construct typical home on this site
without a setback variance.
17
2
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
Finding: The plight of the landowner is due to the fact that the property is bisected by a
public street and then the main portion of the lot is further bisected by bluff. Between the
bluff setback and the front yard setback, there is an unusually narrow buildable area. This
situation was not created by the landowner as the lot was created prior to the adoption of the
city’s zoning code.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: This is one of the city’s oldest neighborhoods and it has seen a substantial amount of
turnover in housing stock leading to a blend of architectural styles. Nearly half of the properties
within 500 feet have received front yard setback variances and numerous other properties in the
area have non-conforming front yard setbacks. Given the commonness of reduced front yard
setback in the neighborhood, staff does not believe that the request variance would represent a
departure from the neighborhood’s current norms nor would it be expected to negatively impact
the surrounding properties.
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.
4. The planning report #2023-09, dated June 6, 2023, prepared by MacKenzie Young-
Walters is incorporated herein.
DECISION
The Planning Commission approves the requested 10-foot front yard setback variance for the
construction of a home, subject to the following conditions:
1. A building permit must be obtained prior to demolishing any structures on the site and before
beginning any construction on the site.
2. Building plans must provide sufficient information to verify that proposed building meets all
requirements of the Minnesota State Building Code, additional comments or requirements
may be required after plan review
3. A building permit must be obtained before beginning any construction.
18
3
4. Retaining walls (if present) 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.
5. Any portion of the retaining wall on private property is to be owned and maintained by the
property owner.
6. If any soil corrections are done on the property a final grading plan and soil report must be
submitted to the Inspections Division before permits will be issued.
7. A permanent 10-foot native vegetated buffer adjacent to the lake with permanent buffer signs
must be installed along the shoreline using species native to the ecotype. Buffer strip
averaging may be used to achieve the total buffer area required. Alternative designs including
the use of Best Management Practices (BMPs) such as rain gardens would also be considered
for approval. The buffer or BMP design may be configured around the path and stairs.
Design plans must be approved by the Water Resources Engineer.
8. A buffer and/or BMP agreement describing the precise location and extent of the buffer strip
or BMP, as well as the restrictions and maintenance for activities within the buffer strip
and/or BMP, shall be signed by the property owner and the city and shall be recorded against
the property at the county recorder's office. The property owner shall be responsible for all
costs and fees associated with the buffer strip dedication.
9. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources
and the Minnehaha Creek Watershed District, and all applicable permits shall be obtained
prior to any site improvements.
ADOPTED by the Chanhassen Planning Commission this 6th day of June, 2023.
CITY OF CHANHASSEN
BY:
Its:
g:\plan\2023 planning cases\23-09 3632 hickory rd var\findings of facts.docx
19
1
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2023-09
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 requested 10-foot front
yard setback variance for the construction of a home, subject to the conditions of approval.
2. Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lots 9, 10, 11, 37, 38, and 39, Red Cedar Point Lake
Minnewashta, Carver County, Minnesota.
3. Conditions. The variance approval is subject to the following conditions:
1. A building permit must be obtained prior to demolishing any structures on the site and
before beginning any construction on the site.
2. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review
3. A building permit must be obtained before beginning any construction.
4. Retaining walls (if present) 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.
5. Any portion of the retaining wall on private property is to be owned and maintained by
the property owner.
6. If any soil corrections are done on the property a final grading plan and soil report must
be submitted to the Inspections Division before permits will be issued.
7. A permanent 10-foot native vegetated buffer adjacent to the lake with permanent buffer
signs must be installed along the shoreline using species native to the ecotype. Buffer
strip averaging may be used to achieve the total buffer area required. Alternative designs
including the use of Best Management Practices (BMPs) such as rain gardens would also
be considered for approval. The buffer or BMP design may be configured around the path
and stairs. Design plans must be approved by the Water Resources Engineer.
20
2
8. A buffer and/or BMP agreement describing the precise location and extent of the buffer
strip or BMP, as well as the restrictions and maintenance for activities within the buffer
strip and/or BMP, shall be signed by the property owner and the city and shall be
recorded against the property at the county recorder's office. The property owner shall be
responsible for all costs and fees associated with the buffer strip dedication.
9. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural
Resources and the Minnehaha Creek Watershed District, and all applicable permits shall
be obtained prior to any site improvements.
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.
Approved by Planning Commission: June 6, 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
21
Memorandum
To:MacKenzie Young Walters, Associate Planner
From:Joe Seidl, Water Resources Engineer
CC: Charles Howley, Public Works Director/City Engineer
George Bender, Assistant City Engineer
Erik Henricksen, Project Engineer
Steve Lenz, Engineering Technician III
Date:5/25/2023
Re:Variance Review at 3632 Hickory Rd – Planning Case #2023-09
The Water Resources Department has reviewed the variance submittal for 3632 Hickory Rd.
These comments are divided into two categories: general comments and proposed conditions.
General comments are informational points to guide the applicant in the proper planning for
this project, to inform the applicant of possible extraordinary issues and/or to provide the basis
for findings. Proposed conditions are requirements that Water Resources recommends be
formally imposed on the application in the final order. Note that references to the “City
Standards” herein refer to the City of Chanhassen Standard Specifications and Detail Plates.
General Comments/Findings
1. Any and all plans submitted with this application have been reviewed only for the purpose
of determining the feasibility of the project based on the variance(s) requested and that the
proposal is in accordance with City Standards. A recommendation of variance approval
does not constitute final approval of details, including but not limited to alignments,
materials and points of access, utility connections or discharge, that are depicted or
suggested in the application. The applicant is required to submit detailed construction
drawings for the project, as applicable. The City of Chanhassen Engineering and Water
Resources Departments will review plans, in detail, when they are submitted and approve,
reject or require modifications to the plans or drawings based upon conformance with City
Standards, the Chanhassen Code of Ordinances, the final order of the Variance
determination(s), and the professional engineering judgment of the City Engineer.
22
2. It is the opinion of the Water Resources Department that the proposed variances can be
developed in accordance with the requirements of the Chanhassen Code of Ordinances (as
it pertains to Engineering and Public Works requirements) and City Standards, provided it
fully addresses the comments and conditions contained herein and can be approved.
3. The applicant is requesting a bluff setback and front yard setback in order to demolish an
existing home and reconstruct a new single-family home on the property. The Water
Resources Department has no comment on the front yard setback.
4. The existing home does not extend into the bluff setback area. The proposed home extends
into the bluff setback area by approximately 1 foot. There appears to be sufficient room to
redesign the home to meet the bluff setback requirement.
5. The existing home has a footprint of approximately 1,200 square feet and the property in its
existing condition has approximately 4,000 square feet of impervious area outside of the
road right of way. The proposed home has a footprint of approximately 2,600 square feet
and the proposed site layout shows approximately 5,900 square feet of impervious area
outside of the road right of way. The result is an increase in impervious area of the property
by approximately 1,900 square feet.
6. There are no existing stormwater best management practices (BMPs) onsite or downstream
of the site. As a result, stormwater leaving the property is not treated before it discharges
directly into Lake Minnewashta. The proposed increase in impervious area could result in
additional pollutants (including phosphorous and suspended solids) entering into Lake
Minnewashta which could negatively impact water quality along with adding additional
stormwater runoff volume.
The City of Chanhassen’s Local Surface Water Management Plan Policy 2.14 reads:
“Protect shorelands and water resources. All properties are required to have native
vegetated buffer adjacent to wetlands, storm ponds, and water resources. Non-
conforming properties, and lots of record shall be brought into compliance when
applying for permits or variances to improve the property. Non-conforming buffers
should attempt to meet regulatory requirements whenever possible. The minimum
non-conforming buffer width shall be 10 feet.”
City Ordinance - Shoreland Management District Section 20-490 states:
In evaluating all variances, zoning and building permit applications, or conditional use
requests, the zoning authority shall require the property owner to address, when
appropriate, stormwater runoff management, reducing impervious surfaces,
23
increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and
water supply capabilities, and other conservation-designed actions.
7. The applicant’s proposed design show does not include any stormwater best management
practices (BMPs) or a native vegetated buffer to offset the increased pollutant loads created
by the increase in impervious area. No design calculations or vegetation plans were
submitted as part of the variance. Proposed BMPs and/or a native vegetated buffer would
help treat stormwater and assist to mitigate impacts from the construction and increase in
impervious area in the proposed plan if designed, installed, and properly maintained. As
such the applicant shall submit a revised design and vegetation plan including permanent
buffer markers and an agreement with the city for the buffer and/or BMP’s permanent
establishment and maintenance. See conditions 1 and 2.
8. It should also be noted that the setback variance and building permit will trigger section 20-
490 of City Ordinance which outlines the buffer and stormwater management requirements
of the site. The intent of this section of City Ordinance and the related policy 2.14 in the
Local Surface Water Management Plan are to protect water resources and bring older sites
into compliance as redevelopment occurs.
9. The applicant is proposing a front yard and bluff setback variance and a design that would
increase the impervious area of the site by approximately 1,900 square feet. Staff agrees
that the lot is constrained but believes there is sufficient area to build a new home which
could be reconfigured to meet the bluff setback requirement. The Water Resources
Department does not have a comment on the front yard setback. If the variance is
ultimately approved by the Planning Commission, Policy 2.14 of the Local Surface Water
Management Plan and City Ordinance should be applied to create permanent native buffers
and/or other practices as needed to protect downstream water resources and mitigate
impacts of the proposed home construction. See conditions 1 and 2. Lastly, while Water
Resources is not in support of the proposed bluff setback variance, any and all
improvements on the Site must meet applicable jurisdictional requirements. See proposed
condition 3.
Proposed Conditions
1. A permanent 10 - foot native vegetated buffer adjacent to the lake with permanent
buffer signs must be installed along the shoreline using species native to the ecotype.
Buffer strip averaging may be used to achieve the total buffer area required. Alternative
designs including the use of BMPs such as rain gardens would also be considered for
approval. The buffer or BMP design may be configured around the path and stairs.
Design plans must be approved by the Water Resources Engineer.
24
2. A buffer and/or BMP agreement describing the precise location and extent of the buffer
strip or BMP, as well as the restrictions and maintenance for activities within the buffer
strip and/or BMP, shall be signed by the property owner and the city and shall be
recorded against the property at the county recorder's office. The property owner shall
be responsible for all costs and fees associated with the buffer strip dedication.
3. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural
Resources and the Minnehaha Creek Watershed District, and all applicable permits shall
be obtained prior to any site improvements.
25
a3'
*cffiorcnlilrrA$$ril
APPUCATION FOR DEVELOPMENT REVIEW
Submittal Oate:2 PC Date:60€ay Review Date
I Comprehensive Plan Am6ndment.$600
$100
E subdivision (suB)
E Create 3 lots br less .........................-.............$3OO
E Creat6 over 3 |ob.......................$6@ + $15 per lot
D Minor MUSA line for failing on-site sewers .....
tr Conditional Use Permit (cuP)( btE)
(2 ffi).................-...............$300
""'--""""'$150
tr Single-Family Residence $32s
$425
n Metes & Boundsfl consdidate Lots!All Others.
! lnterim Use Permit (ruP)n Lot Line Adjustnent......................................... $1 50
Final P1a1............. ................. $200
(lncludes $450 escrow for atomey costs)'
'Addltonal esqow may be rsquirBd fq othsr applbations
Oror4h ths dsr/aloprnent conFad.
tr ln cohjunction with Single-,Family Residence..$32s
$42snAll Others..
n Rezoni ng (REZ)
tr Plenned Unit Development (PUD)E Vacation of Easements/Rightd-way (VAC)........ $300
(Additioml recording h€s may apply)
WVaianc.e (VAR).................. ...... $200
tr Minor Amendment to existing PUDtrAll Others
n Wetland Alteration PermitI site etan Review (n Administrative! Commercial/ln
(WAP)n Single-Family Residence $150
$275
$200
$s00
All Others
dustrial Districts*$50o
Plus $10 per 1,000 square feet of building area:(_ thousand square feet)E Zoning Ordinance Amendment (ZOA)'lnclude number of exrs{ind employeo!:
'lncludo numbor of row gmolovsss:
Ll Residential Districts......................................... $000 !QIE: Wh.n muldple gpplicrtlong ar€ procssaed concurEn{y,
the appropriato f63 shall be chsrg.d to, each applicalion.Plus $5 per dwelling unit ( units)
y'uoufication sign (cty to imtafl and r€rnov6] .
{r-** O*ners' List within 500' (city to generat€ after flB€pplication EEeting) ......$3 per address
y'' t 5c,( < o addresses)
$50 per document
se Permit ! Site Plan Agreementn Wetland Alteration Permitfl Easements ( easements)n Deeds
TOTAL FEE:tda.^
Descripton of Proposal: Variance ol p.5n f J,sl'bacl< f''orn 36rfs?o'
Property
Parcel #:
Address or Locari on 7 6 3 a H ;c k, ,Rd Cha',,h 9e
Legal Description:Lo I /()37 t 7q Red (clM Potn I
Total Acreage:
Present Zoning
Wetlands Present? fl Ves filruo
. Select One Requested Zoning . Select One
Present Land Use Desig na1;on. Select One Requested Land Use Designation
Existing Use of Property:
tt
/Y Pa]*l /- Fat^, I
Application Type (check a that appty)Section 1
Section 2: Required lnformation
Fnecf box if separate narative is attached.
. Select One
COMMUNITY DEI'ELOPUENT DEPARTTENT
Planning Division - 7700 Market Boutevard
Mailing Address - P.O. Box 142, Chanhassen, MN 5S3i7
Phone: (952)227-1100 / Fax: (gS2)227-1110
CC Oste:tpl;tr/N .- J, i l'r->tl7/a)
(Retor to the ?0piQfli8fe Adbatbn ChecUig tor rquhed srlflnital infontdion that mud acannpaoy this awlicdiott)
$7so
$100
$s00
d$crow tor Recording Documents (check all that
L_l Conditional Use PermitE VacationE Metes & Bounds Subdivision (3 docs.)
i
26
Property Owner and A pplicant lnforntation
APPLICANT OTHER THAN PROPERW OWNER: ln signin s this application, l, as applicant,authorization from the property owner to file thi s application. I
represent to have obtained
the right to object at the hearings on the a pplication or during
agr€e to be bound by conditions of approval, subject only to
he property owner, I have attached s eparate documentation
the appeal period. tf ihis appli cation has not been signed b v
should be processed in m y name and I am the
of full legal capacity to file the application. This application
application. I will keep m
party whom lhe City should contact regarding any matter pertain ing to thisyselfinformed of the deadiines for submission of material and the progress of this applicalion. Ifurther understand that additional fees may be charged for consulting fees, feasi bility studies, eic. with anany authorization to p roceed with the study. I certify that the information and exhibits submitted are bue
estimate prior to
J,,petr;<'r (o^lrac l; n
and correct.
Name:Ant contax Cht's AIllrr,tr4
Address: ?eS3 4 4 Le"der^ A (r<Phonei 6/2-3ld-a/sl
City/State/Zip:lord au rhA) 55-l.fL Cell: la
4,.> Ds-h-
Email:c /;sr co^ l.ncl. n Fa; lit /*
Signature:
Date:Y /at/a3
PROPERTY OWNER:ln signing this application, l, as property owner, have full legal capacity to, and hereby do,authorize th6 filing of this application. I understand that conditions of approval are bin ding and agree to be bound by theeconditions, subject o nly to the right to object at the hea rings or during the appeal pe riods. I will keep mysef i nformed ofthe deadlines for su bmission of material and the progress of this application. I fu rther understand that additional fees mabe charged for cons ulting fees, feasibil ity studies , etc.with an estimato
itted are bue and
z5dh
prior to any authorization to proceed with the
v
study. lce that the information a nd exhibits subm corect.
Name:
Addres ",L \o'L Contact:
Phon6
City/State/Zip:Cell:
Fax:
8
Email:
Signat ure: ^Date:
PROJECT ENGTNEER (if appilcabte)
Name:
Contact:
Phone:
City/Stata/Zip:
Email:
Cell:
Fax:
should receive copies of staff reports?"Oth6r Contact hformafl on :
Name:Prop€rty Owner ViaApplicant Via
:AI Email
:'DEmait Address:Engineer
Other-
Via:
Via:
Email
Email
City/Statezip:
Email:
A determination of completeness of the application shallwrinen notice of application deficiencies sh;ll be mailed .be.made within 15 business da)4s of application submittal. AIo tne appticant within 1S business days of application.
fees
ISTh rca ti on um mcopd ln tull ndpleted m ust be accom nied apa nformation danby ns redplarequaca byblepplOrdinances,City reBefoprovision fi athisling refer toplicationp the propriateap ChecklistApplicationandconferwiththePlannDerlmndtongepaetermnetherdcenanspecificndacableappliurarocedpiremetsnandrequ
-
Section 4 Notification lnformation
INS,TRUCTIONS TO APPLICANTOevrce. and deliver
Com plete al n e cessary form fields th e n SE ect 5 Av E FORM to save a copy to t/our
BMIT FORM to send a digitatpayments
P RI NT FORM
to city al ong
I
U
SUBillT FORI!
0
SAVE FORI
copy to the city for pmcessing.
with required documents 6nd
Section 3:
Address:
Who
Btrtr
! uaitea paper Copy
LJ Mailed Paper Copy
LJ Mailed Paper Copy
l_l Mailed Paper Copy
27
28
29
30
31
dh SUPERIOR
Superior Contracting lnc
Chris Ahlbrecht
22535 Aberdeen Ave
Jordan, MN 55352
License SBC690574
512-355-0155
We are requesting a front setback variance for the property 3632 Hickory Rd
Chanhassen. Currently there is an existing house that sits inside the set back at
L7' from the road. ln the back of the property, we have a bluff that we want to
stay with in required bluff setback requirements. lf we conform with both
setbacks, it only gives us a 24' deep building pad. lnstead of asking to move closer
to the bluff we are asking to move into the front setback 10'. This would give us a
20' setback from the street.
The landowner plans to build a new two-story single family residential home on
this property.
To Whom lt May Concern,
Thank you,
Chris Ahlbrecht
Superior Contracting lnc
612-366-0156
32
From: Kristen Christianson <kristen@resimplifiedmn.com>
Sent: Thursday, May 4, 2023 10:57 PM
To: Young-Walters, MacKenzie <mwalters@chanhassenmn.gov>
Cc: Chris Ahlbrecht <chris@superiorcontractingmn.com>
Subject: Variance application: 3632 Hickory Rd
Hello MacKenzie,
In addition to the application, paperwork and check dropped off yesterday, you will find the final step
from the checklist. Per the #6 application requirement, below you will find our written justification for the
request for our variance.
a) Our set back variance will allow us to build a home that blends in with the same size of many of the
neighboring homes that are on similar sized lots. We are requesting the reduction of setback from the
road vs the bluff. Our goal is to protect the bluff, this leaves the only option to reduce the setback from
30' to 20' from Hickory Rd.
b) Our home is currently seasonal and cannot be rebuilt or renovated. We intend to build a year round
home that will be in harmony with the other year round homes nearby. The current "practical difficulties"
we have with the current structure are: no insulation, no indoor plumbing or bathroom (with exception of
a kitchen sink), no HVAC system and no foundation. Therefore, our only option is to rebuild a home
with a similar setback as to the original / current home. The current home is set back 17.5' from
Hickory. Therefore our request actually is "better" than the existing.
c) The purpose of this variance is not based upon only economic considerations alone.
d) The plight of this was not created by the owner. The original structure has significant limitations as
noted above in "b". At the time the property was purchased by us in 202, it was listed as "lots and land"
vs a single family home. Therefore, it had clearly been identified as a "tear down".
e) We are committed to create a home that will blend with the custom homes within near proximity. We
are aware that a number of homes in the area have also needed to apply for variances in order to build and
/ or remodel. Without the variance, our new home would be much less deep and aesthetically unpleasant.
f) This does not apply as we will not be earth sheltered construction.
As an aside, we are also hopeful that we can partner with an organization that can assist with responsible
bluff restoration. We may even apply for a grant through The MN Landscape Arboretum. Our goal
would be to raise awareness of safe bluff restoration. If we are able to achieve this, we would want the
City of Chanhassen and The Arb to have reasonable access to our land if it would be deemed helpful!
Please let me know if you have any questions or concerns regarding our application.
Please confirm receipt of this email.
Best regards,
Kristen Christianson
Owner 3632 Hickory Rd
612.616.8591
33
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
)ss
COLI-NTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
May 25, 2023,the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice to consider a request for
a front yard setback and other variances to build a two-story home on property located at
3632 Hickory Road zoned Single-Family Residential District. Property Owner: Kristen
Christianson Applicant: Superior Contracting Inc. to the persons named on attached Exhibit
"A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing
the envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses of such owners were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
Subscribed and sworn to before me
this L5 aay or lvtrzt? ,2023
City
JENNIFER ANN POTTER
Notary Public-Minnesota
Commission ExPk.8 Jan 31, 2027My
Public
34
Subject
Parcel
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used
as one. This map is a compilation of records, information and data located in various city,
county, state and federal ofiices and other sources regarding the area shown, and is to
be used for reference purposes only. The City does not warrant that the Geographic
lnformation System (GlS) Data used to prepare this map are error free' and the City does
not represent that the GIS Data can be used for navigational, tracking or any other
purpose requiring exacting measurement of distance or direction or precision in the
depiction of geographic features. The preceding disclaimer is provided pursuant to
Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and all claims brought
by User, its employees or agents, or third parties which arise out of the usefs access or
use of data Provided.
(Tax_nameD
<Tax_add_ll >
<Tax_add_|2>
<r Next Record n<<Tax_nameD
<Tax_add_11 >
<Tax_add_12>
Disclaimer
This map is neither a legally recrrded map nor a survey and is not intended to be used
as one. This map is a compilation of records, information and data located in various city,
county, state and federal offices and other sources regarding the area shown' and is to
be used for reference purposes only. The City does not warrant that the Geographic
lnformation System (GlS) Data used to prepare this map are error free, and the City does
not represent that the GIS Data can be used for navigational' tracking or any other
purpose requiring exacting measurement of distance or direction or precision in the
depiction of geographic features. The preceding disclaimer is provided pursuant to
Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and all claims brought
by User, its employees or agents, or third parties which arise out of the user's access or
use of data provided.
Subject
Parcel
Rod Cedar Point Rd
s
/
./
7
7rl
k
,1
[**-.r
ffi
Red Cedar Pcint
\
!
o,\/
35
Notice of Public Hearing
Chanhassen Planni Commission Meeti
Notice of Public Hearing
Chanhassen Planni Commission Meeti
Tuesday, June 6, 2023, al6:00 p.m. This hearing mav not start
until later in the evening, depending on the order ofthe agendaDate & Time:
7700 Market Blvd.HallCouncilChamLocation:
Consider a request for a front yard setback and other variances to
build a two-story home on property zoned Single-Family
Residential District
Inc.Applicant
Kristen ChristiansonOwner:
3632 Hickory Road
is on the reverse side of this notice.A location
Property
Location
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:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans for the project.
3. Comments are received from the public.
4. Public hearing is closed and the Planning Commission
discusses the proiect.
What Happens
at the Meeting:
To view project documents before the meeting, please
the city's proposed development webpage at:
www.ci.chanhassen.mn.us/proposeddevelopments. lf
you wish to talk to someone about this project, please
contact MacKenzie Young-Walters by emailat
mwalters@cha nhassen mn. oov or by phone at 952-227 -
1132.11you choose to submit written comments, please
send one copy to staff in advance of the meeting. Staff will
provide copies to the Planning Commission. The staff
report for this item will be available online on the city's
Agendas & Minutes webpage the Thursday prior to the
visit
Planning Commission meeting
Questions &
Comments:
Sign up to receive email updates about this or other projects. Go to
https://www.chanhassen mn. oov/i-wantto/subscribe
City Reviow Prccsdure: I. Subdivisions, planned Unit Developments, Site Plan Reviws, Conditionaland lnterim Uses, \ /etland Alterations, Re-zonings,
I
Comprehensive plan Amendments, Varian@s, Appeals, and Cod€ Amendments raquire a public hearing betore lh€ Planning . I
Commission. City ordinances require all prop€rty within 5OO feet of tho subject site to be notified of the applictrcn in writing Any
interested party is invited to attend the meeling.
. Staff prepares a report on the subject applietion that includes all psrtinent informalion and a recommendation. These rsports are
available by cquesl. At the Planning Commission meeting, staff will give a verbal overuiil of the raport and a re@mmondatron.
Tha item will be oponed for the publi; to sp€ak about the proposal as a part of the haaring proess. The Commission will close the
public hearing and discuss the iiem and maks a recommendation to tho City Council. The City Council may reverse, affirm or.
modify wnottior parfly the Planning Commission's recommendation. Rezonings, land use and cods amendments take a simple
malority votaof the City Council exept rezonings and land use amendmsnts from residential lo commercial/industrial.
. Mi;neaota State Statute 519.99 requires all appli€tions to b€ proessed within 60 days unless the appli€nt waives this standard
Some applications due to their @mplexity may take several months to @mplete. Any person wishing to follow an item through the
promss should check with the Planning Department regarding its status and scheduling for the City Council m@ting.
. A neignUorhmd spokespsrson/representative is en@uraged to provide a mnta61 for the city. Ofton developors are en@uEged to
meet;ith the neighborh@d regarding thsir proposal. Staff is als available to review the proJect with any int€rested p€r$n(s)
. Because the planning Commission holds the public hearing, the City Council does not. Minutes are taksn and any
@respondane reg;ding the application will be includod in the report to the City Council. lf you wish to have something to be
included in the report, please con
Tuesday, May 16, 2023, at 6:00 p.m. This hearing mav not start until
later in the evening, depending on the order of the agenda
Location:7700 Market Blvd.Hall Council
Consider a request for a front yard setback and other variances to
build a two-story home on property located at3632 Hickory Road,
zoned Single-Family Residential District.
Proposal:
Inc.SuperiorApplicant:
Kristen ChristiansonOwner:
3632 Hickory Road
is on the reverce side of this notice.A location
Property
Location
What Happens
at the Meeting:
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:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans for the project.
3. Comments are received from the public.
4. Public hearing is closed and the Planning Commission
discusses the
To view project documents before the meeting, please v
city's proposed development webpage at:
www.ci.chanhassen.mn.us/proposeddevelooments. lf you
wish to talk to someone about this project, please contact
MacKenzie Young-Walters by email at
mwalters@chanhassen mn. oov or by p hone at 952-227 -1 1 32 -
lf you choose to submit written comments, please send one
copy to staff in advance of the meeting. Staff will provide
copies to the Planning Commission. The staff report for this
item will be available online on the city's Agendas & Minutes
webpage the Thursday prior to the Planning Commission
isit the
meetinq.
Questions &
Comments:
Sign up to receive email updates about this or other projects. Go to
https : //www. c h a n h as se n m n. q ov/i-wa nt-to/s u bsc ri be
Clty Raview Proctdurc:. dubdivisions, planned Unit Developmants, Sits Plan Reviews, Conditional and lnterim Uss, l J€tland Alterations, Rozonings,
Comprehensive plan Amendments, Varian@s, Appeals, and Code Amendments require a public hearing baftre lha Planning -
Commission. Cily ordinances require all property witnin 5OO fest of the subjoct site to ba notified of the aPpli€tion in writing. Any
inler€stad party is invitad to attend the meetang. I. Staff prepares a report on the subiect appli€tion that includes all partinent information and a rercmmendation. These Eports are--
|
available by request. At the Planning Commission meoting, staff will give a verbal overview of the report and a recommendatron.
.
l.ne
I
item will bi opened for the public to ipeak about the proposal as a part of the hearing pro@ss. The Commrssion,will close the public
I
hearing and discuss th6 item and maie a rsmmendation to tha City Council. The City Council may revers6, affrm or modfy who.lty
or partiy tha planning Commission's recommendation. Rezonings, land use and code amandments take a simple majtrity vote of the
Cii Council ax@pt iezonings and land use amendmsnts from residential to commorcial/industrial.
. Minnesota State Statute 519.99 rsquires all appli€tions to be pro€ssed within 60 days unless the appli€nt waives this standard.
Some appli€tions dus to their complexily may lake several months to @mplete. Any per$n wishing to follow an item through the
pro@ss should chack with ths Planning Departmsnt regarding its status and scheduling for ths City Council m@ting.
. A neighborhood spokespsrson/represantative is enouraged lo provide a @ntacl for the city. Often developers are encouraged to
meet-with the neighborhood regarding their proposal. Staff is al$ available lo review the pooct wilh any interestad person(s).
o Beeuse the planning Commission holds the public hearing, the City Council does not. Minutes are taken and any @rrespondence
regarding the appli€iion will be included in the report to the City Council. lf you wish to have something to be includod in the roport,
Dlease @ntacl the Planning Staff person named o
Proposal:
Date & Time:
36
Tax name
AARON STRAWMAN
BETSY S ANDING
BRENDA LEE BLAHA
CAROLYN A BARINSKY
CATHERINE J BLACK REVOCABLE TRUST
CHRIS & KRISTINE WEDES
CHRISTINE L JOYCE REVOCABLE TRUST AGREEM
CLAYTON BURKE
COLIN J JONES
DANIEL P FAGAN
DANIEL R FAGAN
DAVID MELIN
DEREK J NUTTER
DIANE LEESON ANDING
EDWARD H & CHERYTA BIXBY
ERIC MCKAY
GARRETT VINCENT
GARY A REN NEKE
GREGORY & JOAN DATTILO
GREGORY BOHRER
GREGORY G & JOAN S DATTILO
GUNTHER LIVING TRUST
HAEMIN JU tIET HONG
HEIDI ANN MARX
HOWARD D ANDERSON
JILL D HEMPEL
JUTIA P EIDE REVOCABLE TRUST
KITTISACK LERDGIDKJON, EMILV SOUVANNALAT
KRISTEN B CHRISTIANSON
LAURIE ANN HANSON TRUST AGREEMENT
LAWRENCE NOWLIN
LOUIS JASON RIPPLE
LYMAN A BRINK JR
Tax add l1
38OO RED CEDAR POINT RD
3625 RED CEDAR POINT RD
3733 HICKORY RD
3719 SOUTH CEDAR DR
3629 RED CEDAR POINT RD
3716 HICKORY RD
8325 STONE CREEK DR
3750 RED CEDAR POINT RD
3710 RED CEDAR POINT RD
3701 SOUTH CEDAR DR
3701 SOUTH CEDAR RD
3627 RED CEDAR POINT RD
3637 5 CEDAR DR
3618 RED CEDAR POINT RD
3735 HICKORY RD
3715 HICKORY LN
7211JUNIPER AVE
3607 RED CEDAR POINT RD
12248 SUSSEX ST
3706 HICKORY RD
12248 SUSSEX ST
3628 HICKORY RD
4654 CHATEAU DR
3755 RED CEDAR POINT RD
3613 RED CEDAR POINT RD
3707 SOUTH CEDAR DR
3705 S CEDAR DR
7201 JUNIPER AVE
4228 LYNN AVE
590], CARTER LN
3713 SOUTH CEDAR DR
3728 HICKORY RD
3633 STRAWBERRY tN
Tax add 12
EXCELSIOR, MN 55331.
EXCELSIOR, MN 55331-7721
EXCELSTOR, MN 55331-7769
EXCELSIOR, MN 55331-9688
EXCELSIOR, MN 55331-
EXCELSIOR, MN 55331-9768
CHANHASSEN, MN 55317-
EXCELSIOR, MN 55331-
EXCELSIOR, MN 55331-
EXCELSTOR, MN 55331-9688
EXCELSIOR, MN 55331-9688
EXCELSTOR, MN 55331-7721
EXCEtStOR, MN 55331-
EXCELSIOR, MN 55331-7720
EXCELSTOR, MN 55331-7769
EXCELSTOR, MN 55331-9769
EXCELSIOR, MN 55331-
EXCEtStOR, MN 55331-
FORT MYERS, FL 33913-8589
EXCELSTOR, MN 55331-9768
FORT MYERS, FL 33913-8589
EXCELSTOR, MN 55331-9765
sAN DtEGO, CA927t7 -
EXCELSTOR, MN 55331-9676
EXCELSTOR, MN 55331-7721
EXCELSTOR, MN 55331-9688
EXCELSIOR, MN 55331-
EXCELSTOR, MN 55331-
MINNEAPOLIS, MN 55416.
MINNETONKA, MN 55343-8966
EXCELSIOR, MN 55331-
EXCELSTOR, MN 55331-9768
EXCELSIOR, MN 55331.
37
MARIA E WHITE 3720 RED CEDAR POINT RD EXCELSTOR, MN 55331-
MARIANNE IANDING TRUST 3715 S CEDAR DR EXCELSIOR, MN 55331-
MARY JO ANDING BANGASSER REVOCABLE TRUST 3633 S CEDAR DR EXCELSTOR, MN 55331-
MICHAEL AND CYNTHIA WENNER 31543 CO RD 276 GRAND RAPIDS, MN 55744-
MICHAEL L CORRIGAN 3711 SOUTH CEDAR DR EXCELSTOR, MN 55331-9688
MICHELLE L DONOVAN 1-4301 MARTIN DR APT 421 EDEN PRAIRIE, MN 55344-3016
NATHAN THOMAS NOLAND 3739 HICKORY RD EXCELSIOR, MN 55331-
PAMELA J REIMER 3617 RED CEDAR POINT RD EXCELSIOR, MN 55331-
PETER J & KARRI J PLUCINAK 3631 SOUTH CEDAR DR EXCELSTOR, MN 55331-9686
PETER SANDERS 2989 CANYON RD CHASKA, MN 55318-
RICHARD B & MARIANNE F ANDING 3715 SOUTH CEDAR DR EXCELSTOR, MN 55331-9688
ROGER L & DOROTHY P DOWNING 72OO JUNIPER EXCELSIOR, MN 55331-
STEVEN KEUSEMAN AND MARSHA KEUSEMAN REVO 3622 RED CEDAR POINT RD EXCELSIOR, MN 55331-
B&KAYMERICKSON 3720 SOUTH CEDAR DR EXCELSTOR, MN 55331-9687
THE TRUST AGREEMENT OF SCOT A LACEK 3630 HICKORY LN EXCELSIOR, MN 55331-
THOMAS P O'BRIEN 449 SUMMERFIELD DR CHANHASSEN, MN 553L7-
TIMOTHY HENRY ONE ROEBLING WAY STE 801 COVINGTON, KY 41011-
TIMOTHY J NELSON 3012 BAY DR BRADENTON , FL34207-
38