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
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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
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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.
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1 5 7 1 L A K E L U C Y R D .
RANDALL
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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
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ynapm
ahsrra
1 5 7 1 L A K E L U C Y R D .
RANDALL
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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
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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
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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
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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
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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