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PC Staff ReportPlanning Commission Item May 16, 2023 Item Consider a request for a variance to allow the construction of an accessory dwelling unit within a single-family home on a property located at 1571 Lake Lucy Road zoned Rural Residential. File No.PC 2023-07 Item No: B.1 Agenda Section PUBLIC HEARINGS Prepared By MacKenzie Young-Walters, Associate Planner Applicant Kathryn Randall 1571 Lake Lucy Road Excelsior, MN 55331 Present Zoning Rural Residential District (RR) Land Use Residential Low Density Acerage 10.2 Density NA Applicable Regulations The city’s discretion in approving or denying a request to utilize a single-family dwelling as two-family dwelling is limited to whether or not the proposed project meets the standards in the Zoning Ordinance. The city has a relatively high level of discretion with these requests because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Chapter 1, Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3. Variances Chapter 20, Article V, Floodplain Overlay District Chapter 20, Article VI, Wetland Protection Chapter 20, Article VII, Shoreland Management District Chapter 20, Article XI, “RR” Rural Residential District Chapter 20, Article XXVIII, Bluff Protection 3 SUGGESTED ACTION The Chanhassen Board of Appeals and Adjustments approves the variance request for the use of a single-family dwelling as a two-family dwelling, subject to the conditions of approval and adopts the attached Findings of Facts and Decision. SUMMARY The applicant is requesting a variance for the temporary use of a single-family dwelling as a two-family dwelling. While variances for uses are not normally allowed, the City Code specifically allows for this use variance to be granted to facilitate the care of aging family members so long as the structure maintains the appearance of a single-family dwelling, separate utility services are not established, and the variance will not negatively impact the neighborhood. BACKGROUND County records indicate that the home was built in 1916 with various permits pulled those most notable of which were for an addition and septic system in 1996. Numerous other permits for maintenance and interior work are on file. In March of 2023, the applicant applied for a building permit for a garage addition with an ADU. Staff informed them that the ADU would require a variance and the applicant subsequently applied. DISCUSSION The applicant is requesting a variance to construct a second dwelling unit, commonly called an accessory dwelling unit (ADU), above a proposed garage addition. The homeowner has stated that the intent of the variance is to allow for her to live in the new accessory dwelling unit while her son and his family move into the main home to assist with maintaining the property. Since the City Code restricts lots zoned Residential Single-Family to having a single dwelling unit, a variance is required to permit this use. The applicant has stated that they have discussed becoming a multigenerational household for some time, and that the owner’s age and recent cancer diagnosis has made this right time to move forward with the project. They have noted that the City Code allows for variances to be issued to permit the creation of ADUs in cases where there is a demonstrated need and where the home maintains the exterior appearance of a single-family dwelling. They have clarified that the home will maintain a single driveway access, utility meter, and sewer connection. Finally, they have stated that the home will maintain the exterior appearance of a single-family home. Generally speaking, the city cannot grant a variance for uses; however, Section 20-59 does allow for the city to grant variances for use of a single-family dwelling as a two-family dwelling, so long as four conditions are met. Staff has reviewed the applicant’s proposed plans and statement of need and believes that they meet the requirements outlined in Section 20-59 of the City Code for granting the requested variance. For this reason, staff recommends approval of the requested variance. RECOMMENDATION 4 Staff recommends that the Planning Commission, acting as the Board of Appeals and Adjustments, approve the variance request for the use of a single-family dwelling as a two-family dwelling, subject to the conditions of approval and adopts the attached Findings of Facts and Decision. 1. A building permit must be obtained prior to construction. 2. Building plans must provide sufficient information to verify that the proposed building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 3. 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. 4. 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 Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 5. The exterior of the home shall maintain the appearance of a single-family home. 6. No separate entrance may be created for the apartment above the garage. 7. Separate utility services may not be established. 8. The apartment above the garage may not be rented as a separate unit. ATTACHMENTS Staff Report Findings of Fact and Decision 1571 Lake Lucy Road Variance Document Legal Description Application for Development Review Narrative 1571 Lake Lucy Road Property Survey Proposed Plan Landscaping and Tree Preservation Memo Affidavit of Mailing 1571 Lake Lucy Road 5 CITY OF CHANHASSEN PC DATE: May 16, 2023 CC DATE: June 12, 2023 REVIEW DEADLINE: June 13, 2023 CASE #: PC 2023-07 BY: MYW SUMMARY OF REQUEST: The applicant is requesting a variance for the temporary use of a single-family dwelling as a two- family dwelling. While variances for uses are not normally allowed, the City Code specifically allows for this use variance to be granted to facilitate the care of aging family members so long as the structure maintains the appearance of a single-family dwelling, separate utility services are not established, and the variance will not negatively impact the neighborhood. LOCATION:1571 Lake Lucy Road OWNER:Kathryn Randall 1571 Lake Lucy Road Excelsior, MN 55331 PRESENT ZONING: “RR” –Rural Residential District 2040 LAND USE PLAN: Residential Low Density ACREAGE:10.2 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a request to utilize a single-family dwelling as two-family dwelling is limited to whether or not the proposed project meets the standards in the Zoning Ordinance. The city has a relatively high level of discretion with these requests because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting a variance to construct a second dwelling unit, commonly called an accessory dwelling unit (ADU),above a proposed garage addition.The homeowner has stated that the intent of the variance is to allow for her to live in the new accessory dwelling unit while her son and his family move into the main home to assist with the maintaining the property. Since the City Code restricts lots zoned Residential Single-Family to having a single dwelling PROPOSED MOTION: “The Chanhassen Board of Appeals and Adjustments approves the variance request for the use of a single-family dwelling as a two-family dwelling, subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” 6 1571 Lake Lucy Road May 16, 2023 Page 2 unit, a variance is required to permit this use. The applicant has stated that they have discussed becoming a multigenerational household for some time, and that the owner’s age and recent cancer diagnosis has made this right time to move forward with the project. They have noted that the City Code allows for variances to be issued to permit the creation of ADUs in cases where there is a demonstrated need and where the home maintains the exterior appearance of a single-family dwelling. They have clarified that the home will maintain a single driveway access, utility meter, and sewer connection. Finally, they have stated that the home will maintain the exterior appearance of a single-family home. Generally speaking, the city cannot grant a variance for uses; however, Section 20-59 does allow for the city to grant variances for use of a single-family dwelling as a two-family dwelling, so long as four conditions are met. A variance of this nature has been requested five times since 2000, and all of these requests were granted once the applicants demonstrated that they met or agreed to meet the ordinance’s requirements. Staff has reviewed the applicant’s proposed plans and statement of need and believes that they meet the requirements outlined in Section 20-59 of the City Code for granting the requested variance. For this reason, staff recommends approval of the requested variance. APPLICABLE REGULATIONS Chapter 1, Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3. Variances Chapter 20, Article V, Floodplain Overlay Distirct Chapter 20, Article VI, Wetland Protection Chapter 20, Article VII, Shoreland Management District Chapter 20, Article XI, “RR” Rural Residential District Chapter 20, Article XXVIII, Bluff Protection BACKGROUND County records indicate that the home was built in 1916 with various permits pulled those most notable of which were for an addition and septic system in 1996. Numerous other permits for maintenance and interior work are on file. In March of 2023, the applicant applied for a building permit for a garage addition with an ADU. Staff informed them that the ADU would require a variance and the applicant subsequently applied. SITE CONSTRAINTS Zoning Overview 7 1571 Lake Lucy Road May 16, 2023 Page 3 The property is zoned Rural Residential District. This zoning classification requires lots to be a minimum of 2.5 acres, have front and rear yard setbacks of 50 feet, side yard setbacks of 10 feet, and limits parcels to a maximum of 20 percent lot cover. Residential structures are limited to 35 feet in height. The property also has a bluff which requires structures to be setback a minimum of 30-feet, a wetland, and is riparian with a 100-foot structure setback. Finally the southeast corner of the property is located with the 1 percent annual chance floodplain. The lot is 10.2 acres with 4.9 percent lot cover. The existing pool, driveway, shed, walkway, retaining walls, deck, fence, patio, and a small portion of the existing home all encroach varying distances into the required bluff setback and impact zone; however the structure and listed items appear to predate the bluff ordinance and are nonconforming. The home and existing structures are a significant distance from the lake, wetlands, and floodplain and appear to meet the relevant requirements of the City Code. A portion of the existing driveway appears to have non- conforming setbacks and cross onto neighboring properties. All other aspects of the property appear to meet the requirements of the City Code. Bluff Creek Corridor This is not encumbered by the Bluff Creek Overlay District. Bluff Protection There are bluffs on the property and various existing structures have non-conforming bluff setbacks; however, the proposed project is located outside of the required bluff setback. Floodplain Overlay The southeast corner of the property is located within the 1 percent annual chance floodplain; however, the proposed project is located outside of the floodplain. Shoreland Management The property is within the Shoreland Protection District; however, the project is a significant distance from the lake and meets the requirements of the shoreland management district. Wetland Protection There are wetlands on the property; however, the project is a significant distance from the wetlands and meets the requirements of the wetland protection ordinance. 8 1571 Lake Lucy Road May 16, 2023 Page 4 NEIGHBORHOOD Lake Lucy Highlands This lot is unplatted; however the Lake Lucy Highlands neighborhood of large lot properties to the west was platted in 1986 and the Whitetail Cove neighborhood of low density homes to the east was platted in 1999. As the subdivision to the east is newer most of the properties appear to conform to the requirements of City Code, though based on aerial photos it looks like some may have nonconforming lot cover or other elements. The large lot properties to the west are older and most appear to be located on bluffs. Given the fact that the subdivision pre-dates the bluff ordinance it is likely that many of these properties have nonconforming bluff setbacks. ANALYSIS Single-Family Dwelling as Two-Family Dwelling The applicant is requesting a variance to construct an ADU as part of garage addition. Granting the requested variance would allow the applicant to construct two dwelling units on a property zoned for a single dwelling unit. Ordinarily, the city cannot grant variances for uses, i.e. a variance cannot be granted to use a property zoned single-family residential for an industrial use like a brick factory; however, Section 20-59 of the City Code allows for the city to issue variances to use a single-family dwelling as two-family dwelling, so long as four conditions are met. Specifically, Section 20-59 states: A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be allowed under the following circumstances: (1) There is a demonstrated need based upon disability, age or financial hardship. (2)The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. (3) Separate utility services are not established (e.g. gas, water, sewer, etc.). (4)The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. The applicant’s age and recent cancer diagnosis both meet the first requirement and are in line with the ordinance’s goal of providing the opportunity for residents to age in place. Consistent 9 1571 Lake Lucy Road May 16, 2023 Page 5 with past practice, staff recommends that a condition prohibiting the separate rental of the ADU be placed upon the variance to ensure that its long term use remains consistent with the intent of Section 20-59. The proposed ADU will be located above the garage and the stairs leading to it can be accessed via the garage or from the main home through the rear porch. The ADU has approximately 1,450 square feet of living area and will feature a kitchen, dining room, living room, bedroom, two bathrooms, laundry facilities, and deck. A single driveway access and single main entrance are present and no separate utility services are proposed. Consistent with past practice staff recommends that conditions should be placed on the approval preventing the creation of a separate entrance and separate utility services. Staff has reviewed the proposed plans and the renderings of the house’s exterior facades and believes that they are indistinguishable from those of single-family home. If not for the presence of a second dwelling unit, i.e. if the space above the garage was storage space or a game room, a permit could be issued without a variance. 10 1571 Lake Lucy Road May 16, 2023 Page 6 Given the above, staff believes that the applicant’s proposal meets all of the criteria required to issue a variance for an ADU on the property and recommends approving the requested variance. Impact on Neighborhood The applicant’s home is centrally located on a fairly heavily wooded 10-acre parcel. The nearest homes are over 100 feet away from the proposed addition and the proposal does not appear to involve removing the existing trees located along either side lot line. In order to prevent unintended tree loss, staff recommends the following: 1. Tree preservation fencing should be installed around all existing trees (or groups of trees) to be saved prior to any construction activities and protection should remain installed until construction is complete. 2. In areas near trees to be protected, silt fences should be replaced by mulch socks, so no roots of trees to be preserved are cut from the installation of a typical silt fence. Alternatively, silt fences could also be installed without trenching, using mulch or dirt to 11 1571 Lake Lucy Road May 16, 2023 Page 7 secure the bottom of the fence. Note that silt fences are not to be used as tree protection fencing. The variance request for an ADU to allow for the applicant to have a multi-generational household is not expected to generate the traffic, noise, or transient population concerns that can be associated with placing multi-unit properties within single-family neighborhoods. The city has granted several variances for ADUs in other neighborhoods and to staff’s knowledge they have generated no complaints. Additionally, a condition that the ADU not be rented out will be attached to the variance to prevent the property from subsequently being sold or used as a duplex. Given the above, staff does not believe that granting the requested variance would negatively impact any of the surrounding properties. RECOMMENDATION Staff recommends that the Planning Commission, acting as the Board of Appeals and Adjustments, approve the variance request for the use of a single-family dwelling as a two- family dwelling, subject to the conditions of approval and adopts the attached Findings of Facts and Decision. 1. A building permit must be obtained prior to construction. 2. Building plans must provide sufficient information to verify that the proposed building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 3.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. 4. 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 Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 5. The exterior of the home shall maintain the appearance of a single-family home. 6. No separate entrance may be created for the apartment above the garage. 7. Separate utility services may not be established. 8. The apartment above the garage may not be rented as a separate unit. ATTACHMENTS 1.Findings of Fact and Decision (Approval) 2.Variance Document (Approval) 3.Exhibit A: Legal Description 4.Development Review Application 5.Variance Narrative 12 1571 Lake Lucy Road May 16, 2023 Page 8 6.Survey 7.Proposed Plan 8.Landscaping Memo 9.Affidavit of Mailing of Public Hearing Notice g:\plan\2023 planning cases\23-07 1571 lake lucy rd var\staff report_1571 lake lucy rd_var.docx 13 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Kathryn Randall, for a variance to use a single-family dwelling as a two-family dwelling on a property zoned Rural Residential District (RR) - Planning Case 2023-07. On May 16, 2023, 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 Rural Residential District (RR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: See Exhibit A 4. Variance Findings – Section 20-59 of the City Code provides the following criteria for the granting of a variance to use a single-family dwelling as a two-family dwelling: a. There is a demonstrated need based upon disability, age or financial hardship. Finding:The applicant has stated that they are requesting the variance due to their age and recent cancer diagnosis. b.The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. Finding:The garage addition maintains the exterior appearance of a single-family dwelling, with a single driveway access and a single main entrance, and conditions have been placed on the variance to prevent the creation of a separate entrance or altering the exterior so that it no longer maintains the appearance of a single-family home. c. Separate utility services are not established (e.g., gas, water, sewer, etc.). Finding: Separate utility services are not proposed and will not be established, and a condition has been placed on the variance to prohibit this from occurring in the future. d. The variance will not be injurious to or adversely affect the health, safety, or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. 14 2 Finding: The variance request for an accessory dwelling unit (ADU) to allow for the applicant to have a multi-generational household is not expected to generate the traffic, noise, or transient population concerns that can be associated with placing multi-unit properties within single-family neighborhoods. The city has granted several variances for ADUs in other neighborhoods and to staff’s knowledge they have generated no complaints. Additionally, a condition that the ADU not be rented out will be attached to the variance to prevent the property from subsequently being sold or used as a duplex. Finally, it is the intent of Section 20-59 to create opportunities for residents to care for aging family members through the use of ADUs. 5. The planning report #2023-07, dated May 16th, 2023, prepared by MacKenzie Young-Walters, is incorporated herein. DECISION The Chanhassen Board of Appeals and Adjustments approves the variance request for the use of a single-family dwelling as a two-family dwelling, subject to the following conditions of approval: 1. A building permit must be obtained prior to construction. 2. Building plans must provide sufficient information to verify that the proposed building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 3. 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. 4. 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 Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 5. The exterior of the home shall maintain the appearance of a single-family home. 6. No separate entrance may be created for the apartment above the garage. 7. Separate utility services may not be established. 8. The apartment above the garage may not be rented as a separate unit. ADOPTED by the Chanhassen Planning Commission this 16th day of May, 2023. CITY OF CHANHASSEN BY: Chair g:\plan\2023 planning cases\23-07 1571 lake lucy rd var\findings of fact and decision 1571 lake lucy road (approval).docx 15 1 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2023-07 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves the variance request for the use of a single-family dwelling as a two-family dwelling. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described in Exhibit A. 3. Conditions.The variance approval is subject to the following conditions: 1. A building permit must be obtained prior to construction. 2. Building plans must provide sufficient information to verify that the proposed building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 3. 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. 4. 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 Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 5. The exterior of the home shall maintain the appearance of a single-family home. 6. No separate entrance may be created for the apartment above the garage. 7. Separate utility services may not be established. 8. The apartment above the garage may not be rented as a separate unit. 16 2 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 the Planning Commission: May 16th, 2023 CITY OF CHANHASSEN BY: (SEAL)Elise Ryan, Mayor AND: Laurie Hokkanen, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2021 by Elise Ryan, Mayor, and Heather Johnston, Interim 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 g:\plan\2023 planning cases\23-07 1571 lake lucy rd var\variance document 23-07.docx 17 Exhibit A: Legal Description of Property 18 Az-+4,4 t,,J COMMUNITY DEVELOPMENT DEPARTMENT Pfanning Division -7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227 -'ll 00 / Fax: 1952) 227 -1 1 10 CffiOFCIIAI{IIASSXN APPLICATION FOR DEVELOPMENT REVIEW submittare",". ll tlJ " 23 PC Date:E-lt:-L 5 cc Date: 6- iz- Zg 60-Day Review Da,ot 6' lr:23 Section 1: Application Type (check all that apply) (Refer to the appropiate Applicatbn Checklist for requircd submittal information that must accompany this application) I Rezoning (REZ) I Planned Unit Development (PUD) I Minor Amendment to existing PUD................. n Comprehensive Plan Amendment......................... $600I Minor MUSA line for failing on-site sewers..... $100 E ConditionalUse Permit (CUP)n!Single-Family Residence AllOthers. ............ $32s ............ $425 fl lnterim Use Permit (lUP) trtr AllOthers... ln conjunction with Single-Family Residence.. $325 ... $425 trtrtr! f] Variance E Easements ( easements) fl Suooivision (SUB) Create 3lots or less ............ .........$300 Create over 3 1ots.......................$600 + $15 per lot( lots) Metes & Bounds (2lots)........ .......$300 Consolidate Lots............ ............... $150 Lot Line Adjustment. ..$150 Final Plat.... ................ $700 (lncludes $450 escrow for attomey costs)* 'Additional escrow may be required for other applications through the development contract. E Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) p variance (VAR)$2oo E Wetland Alteration Permit (WAP) E Single-Family Residence..............fl rutothers $275 n Zoning Appea|.......... n Zoning Ordinance Amendment (ZOA) p!!: When multlple appllcadons are processed concununty, the approprlab fee shall be charged for each appllcatlon. ..... $200 .... $3 per address( addresses) E m others. $7s0 $100 $5oo E Sign Plan Review .............$150 E site Plan Review (SPR) n ndministrative......... ...$100 I Commercial/lndustrial Districts* ... $500 Plus $10 per 1,000 square feet of building area: t_ thousand square feet) *lnclude number of existino employees: 'lnclude number of ryemployees:E Residential Districts ... $500 Plus $5 per dwelling unit ( units) .............. $150 ............... $200 ......'..'.'... $500 @ tttotiRcation Sign (cityto installand remove) [8r Property Owners' List within 500' (citv to generate after pre-application meeting) F Escrow for Recording Documents (check all that D Conditional Use Permit n Vacation E Metes & Bounds Subdivision (3 docs.) Use Permit 6 per documenttrtrtr Site Plan Agreement Wetland Alteration Permit Deeds Section 2: Required lnformation Description of Proposal: hbtL Property Address or Location , i57/ LoLt-Lr,aa U Parcel#:Legal Description: TotalAcreage:lB'-Wetlands Present? flVes E lVo Present Zoning:select-One-z e e Sebet0ae 3 a,nn t Requested Land Use Designation:S'eleet€ne 32l-.n*1at )atl Present Land Use Designation:Select One Existing Use of Propefi: Knecf box if separate narrative is attached. TOTAL FEE: _ Requested Zoning: 19 PRINT FORTI INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital SAVE FORM SUBTIIT FORM copy to the city for processing. 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 file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep m)E6lf informed of lhe deadlines for submission of material and the progress of this application. I further understjand that additional fees may be charged for consulting fe€s, feasibility studi6s, 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: Signature Date: PROPERTY 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 th€ right to object at the hearings or during the appeal periods. I will keep m)ls61f 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, feaslbility studies, elc. with an estimate prior to any authorization to proceed with the study. I certify that the i and exhibits submitted are true and corect ruName: Address: City/State/Zip Email: Signatu re: PROJECT ENGINEER (if applicable) Name: Contact pnone' 4*-4/4-b€ZZ Cell: Fax: Date Conlact: Phone: folf - Fax: Address: City/State/Zip Email: This application must be completed in full and must be accompanied by all information and plans requirod by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to th6 applicant within l5 business days of application. Section 4: Notification lnformation Property Own6r Via:f,emait I trlaiua Paper Copy Name:Applicant Via: E Email E UaiteO Paper Copy Address I Engineer Via: E Email D Mailed Paper Copy Efothef Via:EEmail E Mailed Pep€r copy Who should receive copies of staff reports?'Other Contact lnformation: 7 C Email: 20 Variance for Accessory Dwelling Unit 1571 Lake Lucy Road To whom it may concern, We created our family homestead in Chanhassen 27 years a8o. We have applied for a building permit adding Sarage, workspace, storage and a future separate living area for me. During the permit review process, it has come to our attention because there is a planned future separate living area, we need to apply for a variance for Accessory Dwelling Unit. This addltion will be attached to the existing residence using the same driveway, utility meters, sewer. From all view-points the structure will look like a single-family home which it will be with two different living areas. For a quite a few years my family has discussed talked of my son and his family moving into my home to help me with my property as I age. The property takes a lot of work and upkeep, at this time of my life it is more than I can handle myself especially with my recent cancer diagnosis. /,W Kathryn Randall 21 22 S S S S A1 Phone: 952.470.9750 E-Fax: 952.767.5859 info@sharrattdesign.com I S S U E D F O R H O M E ISSUE DATE 464 Second Street Suite 100 Excelsior, MN 55331 P R O P O S E D A D D I T I O N T O : C O P Y R I G H T 2 0 2 2 S H A R R A T T D E S I G N & C O M P A N Y, L L C LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C d oc es ynapm ahsrra 1 5 7 1 L A K E L U C Y R D . RANDALL X E X C E L S I O R , M N . 5 5 3 3 1REVISIONMEETING SETCLIENT REVIEWCHECK SETESTIMATE SETPERMIT SETARCH. REVIEWBID SETCONSTRUCTION SETVARIANCE/C.U.P. APPL.X X -SHELLX 23 A2 Phone: 952.470.9750 E-Fax: 952.767.5859 info@sharrattdesign.com I S S U E D F O R H O M E ISSUE DATE 464 Second Street Suite 100 Excelsior, MN 55331 P R O P O S E D A D D I T I O N T O : C O P Y R I G H T 2 0 2 2 S H A R R A T T D E S I G N & C O M P A N Y, L L C LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C d oc es ynapm ahsrra 1 5 7 1 L A K E L U C Y R D . RANDALL X E X C E L S I O R , M N . 5 5 3 3 1REVISIONMEETING SETCLIENT REVIEWCHECK SETESTIMATE SETPERMIT SETARCH. REVIEWBID SETCONSTRUCTION SETVARIANCE/C.U.P. APPL.X X -SHELLX 24 A3 Phone: 952.470.9750 E-Fax: 952.767.5859 info@sharrattdesign.com I S S U E D F O R H O M E ISSUE DATE 464 Second Street Suite 100 Excelsior, MN 55331 P R O P O S E D A D D I T I O N T O : C O P Y R I G H T 2 0 2 2 S H A R R A T T D E S I G N & C O M P A N Y, L L C LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C d oc es ynapm ahsrra 1 5 7 1 L A K E L U C Y R D . RANDALL X E X C E L S I O R , M N . 5 5 3 3 1REVISIONMEETING SETCLIENT REVIEWCHECK SETESTIMATE SETPERMIT SETARCH. REVIEWBID SETCONSTRUCTION SETVARIANCE/C.U.P. APPL.X X -SHELLX 25 A4 Phone: 952.470.9750 E-Fax: 952.767.5859 info@sharrattdesign.com I S S U E D F O R H O M E ISSUE DATE 464 Second Street Suite 100 Excelsior, MN 55331 P R O P O S E D A D D I T I O N T O : C O P Y R I G H T 2 0 2 2 S H A R R A T T D E S I G N & C O M P A N Y, L L C LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C d oc es ynapm ahsrra 1 5 7 1 L A K E L U C Y R D . RANDALL X E X C E L S I O R , M N . 5 5 3 3 1REVISIONMEETING SETCLIENT REVIEWCHECK SETESTIMATE SETPERMIT SETARCH. REVIEWBID SETCONSTRUCTION SETVARIANCE/C.U.P. APPL.X X -SHELLX 26 A5 Phone: 952.470.9750 E-Fax: 952.767.5859 info@sharrattdesign.com I S S U E D F O R H O M E ISSUE DATE 464 Second Street Suite 100 Excelsior, MN 55331 P R O P O S E D A D D I T I O N T O : C O P Y R I G H T 2 0 2 2 S H A R R A T T D E S I G N & C O M P A N Y, L L C LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C d oc es ynapm ahsrra 1 5 7 1 L A K E L U C Y R D . RANDALL X E X C E L S I O R , M N . 5 5 3 3 1REVISIONMEETING SETCLIENT REVIEWCHECK SETESTIMATE SETPERMIT SETARCH. REVIEWBID SETCONSTRUCTION SETVARIANCE/C.U.P. APPL.X X -SHELLX 27 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · A6 Phone: 952.470.9750 E-Fax: 952.767.5859 info@sharrattdesign.com I S S U E D F O R H O M E ISSUE DATE 464 Second Street Suite 100 Excelsior, MN 55331 P R O P O S E D A D D I T I O N T O : C O P Y R I G H T 2 0 2 2 S H A R R A T T D E S I G N & C O M P A N Y, L L C LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF SHARRATT DESIGN & COMPANY, LLC. C d oc es ynapm ahsrra 1 5 7 1 L A K E L U C Y R D . RANDALL X E X C E L S I O R , M N . 5 5 3 3 1REVISIONMEETING SETCLIENT REVIEWCHECK SETESTIMATE SETPERMIT SETARCH. REVIEWBID SETCONSTRUCTION SETVARIANCE/C.U.P. APPL.X X -SHELLX 28 29 30 31 32 MEMORANDUM TO:MacKenzie Young-Waters, Associate Planner FROM:Manuel Jordan, Environmental Resources Specialist DATE:April 20, 2023 SUBJ:1571 Lake Lucy Rd - VAR, Landscaping and Tree Preservation Applicant is proposing to add an accessory dwelling to the existing home, which will require installation of a sanitary line from the home to a line that is located in an easement between 6712 and 6740 Lakeway Dr. In the process of installing this connection, several significant trees on the subject property may be at risk of suffering damage. Recommendations: Tree preservation fencing should be installed around all existing trees (or groups of trees) to be saved prior to any construction activities and protection should remain installed until construction is complete. In areas near trees to be protected, silt fences should be replaced by mulch socks, so no roots of trees to be preserved are cut from the installation of a typical silt fence. Alternatively, silt fences could also be installed without trenching, using mulch or dirt to secure the bottom of the fence. Note that silt fences are not to be used as tree protection fencing. 33 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on May 4, 202l,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 variance to allow the construction of an accessory dwelling unit within a single-family home on a property located atl57l Lake Lucy Road zoned Rural Residential. Property Owner/Applicant: Kathryn Randall 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' City k Subscribed and sworn to before me this I day of JENNIFER ANN POTTER Notary Public-Minnesota My Commisslon Expires Jan 31, 2027 Public 2023. 34 Notice of Public Hearing Chanhassen Plann Gommission Tu esday, tn 6:00 This not startatmmayIhearingM6,2023,p.ay theonthetheDate & Time: c BlvdMarket7700ncilCouChambersHallLocation: Consider a request for a variance construction of an accessory dwelling unit within to allow the atlocatedmehonoaSiartypropele-familyng ral ResidentialRuzonRoaded1Lake1uL57 Proposal: RandallicanUOwner: Road511Lake7Lucy notice.thissideofreversethetsonlocationA Property Location 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 abouttoinformthofISblicThehearingyoupupurpose thefromobtainandtothelicant's inputrequestapp meeti thethethaboutisngnehborhoodDuringproject.g heari th thehwithleadeic followingublhairngrougCp discusses the What Happens at the Meeting: Planni Commission To view project documents before the meeting, Please Questions & Gomments: sign up to receive email updates about this or other projects. Go to https:/lwww.chanhassenmn. oov/i-want-to/subscribe Notice of Public Hearing Ghanhassen Pla Commission Tuesday, May 16,2023, at 6:00 p.m. This hearing may not start until eve the order of Hall CouncilCha 7700 Market Blvd Consider a request for a variance to allow the construction of an accessory dwelling unit within a srng le-family home on a property located at1571 Lake Road zoned Rural Residential Kathryn Randall 1571 Lake Lucy Road A location is on the reverse side of this notice. The purpose of this Public applicant's request and to about this project. During r hearing is to inform You about the obtain input from the neighborhood 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 p@ect. 3. Comments are received from the public. 4. Public hearing is closed and the Planning Commission discusses the it you MacKenzie Young-Walters by email at mwalters@chanhassenmn.qov or by phone at 952-227 -1132 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 sign up to receive email updates about this or other projects. Go to h ttps : //www. c h a n h asse n m n. q ov/i-wa n t-to/s u bsc ri be Date & Time: Location: ApplicanUOwner: Property Location What Happens at the Meeting: Questions & Comments: @ntac1 is proposed develoPment Proposal: To view documents the meeting, the city's development webPage at: wish to to someone about project, please contact 35 Subject Parcel Disclaimer inir .ap is neither a legally recorded map nor a survey and is not intended to be used ,i one- inis map is a compitation of records, information and data located in various city, -unty, state and federal 6ffices and other Sources regarding the area shown, and is to beusedforreferencepurposesonly.ThecitydoesnotwarrantthattheGeographic ir*ormation System (GtS) tiata used io prepare this map are.error free, and the City does not repr"seni that the GIS Data can be used for navigational, tracking or any other pripoi" ,"qriring exacting measurement of distance or direction or precision in the lediction oi geo-graphic f6atures. The preceding disclaimer is provided pursuanl to f'fiinesota Stitut5s imO.OS, Subd. 21 (2OOO), and the user of this map acknowledges iii.itn" CitV shall no:t Oe liaUte for any damages, and expressly waives all claims, and igiles to OirtenO, indemnify, and hold harmless the City from any and all claims brought f! User, its employees or igents, or third parties which arise out of the usels access or use of data provided. Disclaimer ihiJ;;p is neither a legatty recorded map nor a survey and is not intended to be used "J onJ. tnir map ts a co-mpilation of recorcis, information and data located in various city, -*tv, 't.t" an'd 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 iniormation System (GlS) tiata used io prepare this map.are.enor free, and the City does ;;i;t;.;;i that the GIS Data can be used for navigational, tracking or anv other puipoJe-requiring exacting measurement of distance or direction or precision in the ieoiction of oeoqrapnic features. The preceding disclaimer is provided pursuant to rrfiln"sot"-StiiutE.'SaOO.OS, Subd. 21 (2OOO), and the user of this map acknowledges ii,"i tt'e C,tV in"fi n& Oe ttaOte for any ilamages, and expressly waives all claims, and ,gie;r1Jd1,t"na, indemnify, and hotd harmtess the city from any and a1 ctaims brought Oi User, its employees or igents, or third parties which arise out of the use/s access or use of data Provided. Subiect Parcel *I 7 ? t ,Ta I I rlI L l- -t fr6 ,. 36 x name ADAM LAWRENCE AIMEE ROESLER ANDREW HEBERT ANTHONY D & GRETCHEN A ROEPKE AUSTIN B GILBERTSON BO ANDERSEN BRADY LINDEMANN BRIAN R & JENNIFER B JOHNSON BRYAN M SCHOEN CARL PICKERELL CHRISTOPHER PAULSON CHRISTOPHER T ADAMS DAVID HAMILTON DENNIS E & SUSAN J SCHEPPMANN DIANNE G MORIN TRUST DONALD J & NANCY L GIACCHETTI EDWARD S RUEDA GRETCHEN A ROEPKE GUANG YANG GWEN M WILDERMUTH REV TRUST JEREMY M DIETERLE L ARNASON D WICKA N YEADON JOSHUA M APPLEQUIST REV-TRST JULIANN M SCHWARTZ ETAL KATHRYN KENYON RANDALL MARC & RENEE SCHUBBE MATTHEW D & STACY A H4SJAD MATTHEW L & SUZANNE C WOODS MAXq&JANMGLENN MOLLY SACKETT NATHAN L TIEDTKE Tax add 11 6619 LAKEWAY DR 1660 ANTHEM PL 6566 SHADOW LN 6735 LAKEWAY DR 6675 LAKEWAY DR 1.695 STELLAR CT 1620 ANTHEM PL 6639 LAKEWAY DR 5530 LAKEWAY DR 6612 LAKEWAY DR 1641 ANTHEM PL 6595 TAKEWAY DR 1581 ANTHEM PL 6740 LAKEWAY DR 1441 LAKE LUCY RD 5579 LAKEWAY DR 1621 ANTHEM PL 6735 LAKEWAY DR 1440 LAKEWAY CT 6672 LAKEWAY DR 1460 LAKEWAY CT 1631 ANTHEM PL 2547 BRIDLE CREEK TRL 1450 LAKEWAY CT 6690 LAKEWAY DR 5687 LAKEWAY DR 1571 LAKE LUCY RD 6550 SHADOW LN 1430 LAKE LUCY RD 6745 LAKEWAY DR 6712 LAKEWAY DR 1591 ANTHEM PL 6567 YOSEMITE AVE Tax add 12 CHAN HASSE N MN 5531 7 7 5 78 EXCE LSIO R,M 553 3 LN CHANHASSEN, MN 55377 -937 5 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 EXCELSTOR, MN 55331-9080 EXCELSTOR, MN 55331-4306 CHANHASSEN, M N 55317 -7 57 8 CHANHASSEN, MN 553L7 -7578 CHANHASSEN, MN 55317 EXCELSIO& MN 55331 CHANHASSEN, MN 55317 EXCELSIOR, MN 55331 CHANHASSEN, MN 55317 -7 579 CHANHASSEN, MN '53L7CHANHASSEN, MN 55317 -7 57 8 EXCELSIOR, MN 55331 CHANHASSEN, MN 55317 CHANHASSEN, MN 553L7 CHANHASSEN, MN 553T7 CHANHASSEN, MN 55317. EXCELSIOR, MN 55331 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55377 -7 57 8 CHANHASSEN, MN 55317 EXCELSIOR, MN 55331-9022 CHANHASSEN, MN 55317-9375 CHANHASSEN, MN 55317-9382 CHANHASSEN, MN 55377 -7 579 CHANHASSEN, MN 55317 -7579 EXCELSIOR, MN 55331 EXCELSTOR, MN 55331-9039 37 ROBERT J & SANDRA A KENDALL 1645 LAKE LUCY RD EXCELSTOR, MN 55331-9024 ROGER L & CHARLOTTE J FRERICHS 6648 LAKEWAY DR CHANHASSEN, M N 553L7 -7 57 8 RYAN GERALD EGGENBERGER 1580 ANTHEM PL EXCELSTOR, MN 55331 CHANHASSEN, MN 553L7 -937 5D NUGENT STEPHANIE A GOLDMAN 6560 SHADOW LN 1611 ANTHEM PL EXCELSIOR, MN 55331 E VINCENT LIVING TRUST 6663 LAKEWAY DR CHANHASSEN, MN 55317 THOMAS ANDREW HOGHAUG THOMAS VINCENT BELLE 6713 LAKEWAY DR CHANHASSEN, MN 553T7 -7579 1675 STELLER CT EXCELSTOR, MN 55331 TIMOTHY J LINDQUIST 1.550 LAKE LUCY RD EXCELSTOR, MN 55331-9023 TRACY A WILLIAMS REVOCABLE TRUST AGREEME TRAVIS M ROBERTSON TRUSTAGREEMENT 1655 LAKE LUCY RD EXCELSTOR, MN 55331 1601 ANTHEM PL EXCELSIOR, MN 55331 EXCELSTOR, MN 55331-9023LLIAM P STROUT JR 1670 LAKE LUCY RD EXCELSTOR, MN 55331-9080 EXCELSIOR, MN 55331 R&PAMELAGASPLIN 1.665 STELLER CT 1685 STELLER CT 38