PC Staff Report 23-11Planning Commission Item
June 20, 2023
Item
Consider a request side yard setback, lot cover, and other variances to build a
garage for a property located at 206 W 78th Street and zoned Single Family
Residential.
File No.Item No: B.1
Agenda Section PUBLIC HEARINGS
Prepared By MacKenzie Young-Walters, Associate Planner
Applicant
Allison Schmitt
206 West 78th Street
Chanhassen, MN 55317
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage .18
Density NA
Applicable
Regulations
Chapter 1, General Provisions
Section 1-2, Rules of Construction and Definitions
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article II, Division 4. Nonconforming Uses
Chapter 20, Article XII, “RSF” Single-Family Residential District
Section 20-615, Lot Requirements and Setbacks.
Chapter 20, Article XXIII, Division 1, Generally
Section 20-904, Accessory Structures
Section 20-905, Single-Family Dwellings
Chapter 20, Article XXIV, Division 2, Parking and Loading
Section 20-1122, Access and Driveways
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SUGGESTED ACTION
“The Chanhassen Board of Appeals and Adjustments approves the requested 6-foot side yard
setback, 2-foot driveway setback, and 5 percent lot cover variances for the construction of a detached
garage, subject to the conditions of approval, and adopts the attached Findings of Facts and
Decision.”
SUMMARY
The applicant is requesting a variance to replace a detached garage with a nonconforming 1.3 side yard
setback, with a larger detached garage with a four-foot side yard setback. The larger size of the
proposed garage and associated increase in driveway size will increase the property’s lot cover from
22.7 percent to 28.5 percent. The applicant is also proposing maintaining the driveway’s nonconforming
three-foot side setback while increasing the driveway length. Although the proposal increases the
detached garage’s side yard setback, the increased lot cover, driveway length, and increased structure
footprint within the side yard setback require variances. Staff is recommending that 30 percent lot cover
be permitted to facilitate the construction of a driveway turnaround.
BACKGROUND
County records indicate the home was built in 1928.
Several permits for routine maintenance and upkeep are on file with the city.
DISCUSSION
The applicant is proposing replacing an existing one-car detached garage with a larger two-car detached
garage. The proposal would increase the existing non-conforming side yard setback from 1.3 feet to
four feet and require expanding the driveway. The resulting changes will increase the property’s
impervious lot cover beyond the district’s permitted 25 percent limit and the applicant is proposing
vacating the alleyway behind the house to help mitigate the requested increase in lot cover. The
applicant has stated that the proposed garage expansion is necessary to provide space to park two-cars
and provide the property with additional storage space. They have indicated that the proposed garage
placement was selected to minimize the need to expand/relocate the existing driveway while providing
an area for vehicles to turnaround. They noted that shifting the garage over would increase the amount
of impervious surface on the property and would also reduce the amount of useable rear yard area.
Finally, they observed that the property’s substandard size and existing non-nonconformities make it
impractical to add a two-car garage without requesting a variance.
The City Code’s standards for single-family dwellings requires a two-car garage. In situations where an
existing home does not have a two-car garage, the city has always considered variances requests to
facilitate the construction of two-car garages to be reasonable requests. In addition to requiring two car
garages, the City Code also requires driveway turnaround for properties accessing collector roads.
Engineering does not believe the proposed turnaround will be adequate to accommodate vehicular
turning movements and is recommending that the size of the driveway be increased by approximately
140 square feet to provide a functional turnaround which will increase the size of the required lot cover
variance. The proposed lot cover variance is the result of the property’s substandard size and the
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requirements of the City Code. The total amount of lot cover being proposed is not excessive and cannot
be significantly reduced due the site’s existing conditions. While staff would not typically support the
proposed four-foot side yard setback, the applicant is improving on the existing 1.3-foot side yard
setback and the applicant’s goals of minimizing new impervious surface and maintaining as much
usable rear yard space as possible on a small lot are factors in favor of granting the requested side yard
setback variance. Given the unique constraints of the lot and need for an adequate turnaround, staff is
recommending that the Planning Commission approve the requested side yard setback variance and
approve a 5 percent lot cover variance, rather than the requested four percent lot cover variance.
RECOMMENDATION
Staff recommends that the Planning Commission approve the requested six-foot side yard setback and
five percent lot cover variance, for the construction of a detached garage, subject to the following
conditions:
1. A building permit must be obtained prior to demolishing any structures on the site and before
beginning any construction on the site.
2. Building plans must provide sufficient information to verify that proposed building meets all
requirements of the Minnesota State Building Code, additional comments or requirements may be
required after plan review.
3. 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 applicant shall have the proposed right-of-way (alley) vacated and recorded with the Carver
County Land Records Department prior to issuance of a building permit.
5. The applicant shall update their construction plans to include a turnaround in accordance with
Sec 20-1122(d)(8) of City Ordinance prior to issuance of a building permit.
6. The planter box depicted in the public right-of-way (alley) owned by the applicant must be
relocated within the applicant’s property and maintain a minimum separation of 10 feet from the
sanitary sewer main located within the right-of-way.
7. A revised design must be developed by the applicant to address the increase in stormwater
volumes created over the lot cover limit. The design shall include stormwater Best Management
Practices (BMPs) to treat stormwater calculated as 0.55 inches multiplied by the increase in lot
cover over 25%. Design plans must be approved by the Water Resources Engineer.
8. An Operations and Maintenance agreement describing the precise location and extent of the
onsite BMP(s), as well as maintenance activities and an inspection checklist shall be signed by
the property owner and the city and shall be recorded against the property at the county recorder's
office. The property owner shall be responsible for all costs and fees associated with the
operations and maintenance agreement creation and recording.
9. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources and
the Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be obtained
prior to any site improvements.
10. Eaves may extend no more than 1.5 feet beyond the approved setback and the edge of the eaves
must be at least 2.5 feet from the side lot line.
11. Gutter downspouts may not be oriented to the west.
ATTACHMENTS
5
Staff Report
Engineering Memo
Findings of Facts
Variance Document
Variance Application
206 W 78TH Survey
Narrative
Affidavit of Mailing 206 W 78th Street
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CITY OF CHANHASSEN
PC DATE: June 20, 2023
CC DATE: July 10, 2023
REVIEW DEADLINE: July 18, 2023
CASE #: PC 2023-11
BY: MYW
SUMMARY OF REQUEST:
The applicant is requesting a variance to replace a detached garage with a nonconforming 1.3
side yard setback, with a larger detached garage with a four-foot side yard setback. The larger
size of the proposed garage and associated increase in driveway size will increase the property’s
lot cover from 22.7 percent to 28.5 percent. The applicant is also proposing maintaining the
driveway’s nonconforming three-foot side setback while increasing the driveway length.
Although the proposal increases the detached garage’s side yard setback, the increased lot cover,
driveway length, and increased structure footprint within the side yard setback require variances.
LOCATION: 206 West 78th Street
APPLICANT: Allison Schmitt
206 West 78th Street
Chanhassen, MN 55317
PRESENT ZONING: Single Family Residential
Distract (RSF)
2040 LAND USE PLAN: Residential Low Density
ACREAGE: .18 acres DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city’s discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high
level of discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is proposing replacing an existing one-car detached garage with a larger two-car
detached garage. The proposal would increase the existing non-conforming side yard setback
from 1.3 feet to four feet and require expanding the driveway. The resulting changes will
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments approves the requested 6-foot side yard
setback, 2-foot driveway setback, and 5 percent lot cover variances for the construction of a
detached garage, subject to the conditions of approval, and adopts the attached Findings of Facts
and Decision.”
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June 20, 2023
Page 2
increase the property’s impervious lot cover beyond the district’s permitted 25 percent limit and
the applicant is proposing vacating the alleyway behind the house to help mitigate the requested
increase in lot cover. The applicant has stated that the proposed garage expansion is necessary to
provide space to park two-cars and provide the property with additional storage space. They have
indicated that the proposed garage placement was selected to minimize the need to
expand/relocate the existing driveway while providing an area for vehicles to turnaround. They
noted that shifting the garage over would increase the amount of impervious surface on the
property and would also reduce the amount of useable rear yard area. Finally, they observed that
the property’s substandard size and existing non-nonconformities make it impractical to add a
two-car garage without requesting a variance.
The City Code’s standards for single-family dwellings requires a two-car garage. In situations
where an existing home does not have a two-car garage, the city has always considered variances
requests to facilitate the construction of two-car garages to be reasonable requests. In addition to
requiring two car garages, the City Code also requires driveway turnaround for properties
accessing collector roads. Engineering does not believe the proposed turnaround will be adequate
to accommodate vehicular turning movements and is recommending that the size of the driveway
be increased by approximately 140 square feet to provide a functional turnaround which will
increase the size of the required lot cover variance. The proposed lot cover variance is the result
of the property’s substandard size and the requirements of the City Code. The total amount of lot
cover being proposed is not excessive and cannot be significantly reduced due the site’s existing
conditions. While staff would not typically support the proposed four-foot side yard setback, the
applicant is improving on the existing 1.3-foot side yard setback and the applicant’s goals of
minimizing new impervious surface and maintaining as much usable rear yard space as possible
on a small lot are factors in favor of granting the requested side yard setback variance. Given the
unique constraints of the lot and need for an adequate turnaround, staff is recommending that the
Planning Commission approve the requested side yard setback variance and approve a 5 percent
lot cover variance, rather than the requested four percent lot cover variance.
APPLICABLE REGULATIONS
Chapter 1, General Provisions
Section 1-2, Rules of Construction and Definitions
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article II, Division 4. Nonconforming Uses
Chapter 20, Article XII, “RSF” Single-Family Residential District
Section 20-615, Lot Requirements and Setbacks.
Chapter 20, Article XXIII, Division 1, Generally
Section 20-904, Accessory Structures
Section 20-905, Single-Family Dwellings
Chapter 20, Article XXIV, Division 2, Parking and Loading
Section 20-1122, Access and Driveways
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206 W 78th St
June 20, 2023
Page 3
BACKGROUND
County records indicate the home was built in 1928.
Several permits for routine maintenance and upkeep are on file with the city.
SITE CONSTRAINTS
Zoning Overview
The property is zoned single-family residential (RSF) district. The table below shows what is
required by the zoning code for detached garage and what is being proposed by the applicant.
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Ordinance Existing Proposed
Zoning (Detached Accessory) RSF RSF RSF
Lot Area 15,000 SF 7,915 SF 8395 SF*
Structure Size Max 1,000 SF 216 SF 528 SF
Front Yard Setback 30’ 62’ 66’
Side Yard Setback 10’ 1.3’ (W)/46.8’ (E) 4’ (W)/34’ (E)
Rear Yard Setback** 30’ 52.2’ 42.1’
Impervious Lot Coverage 25% (3,750 SF) 22.7% (1,793 SF) 28.5% (2,389 SF)
Pervious Lot Coverage 5% (750 SF) 0% (0 SF) 0% (0 SF)
Lot Frontage 90’ 60.08’ 60.08’
Lot Depth 125’ 134.5’ 134.5’
Driveway Setback*** 5’ 3’ 3’
Accessory Structure Height 20’/1 story Unknown Unknown
*The applicant is proposing vacating the alley behind the home, which would add 480 square
feet to the property’s lot area.
**Rear yard setbacks change with the size of an accessory structure. The existing garage would
need to meet a 10-foot rear yard setback and the proposed garage would need to meet a 30-foot
rear yard setback.
***Driveway setbacks as low as five feet can be approved by the City Engineer.
In addition to the detached garage, the property’s existing home has a nonconforming 7.9-foot
front yard setback and a portion of the neighboring property’s patio encroaches approximately
one foot onto the property. The property also lacks a two-car garage and does not meet the 960
square-foot minimum home size for a rambler-style home required by City Code. Finally, there
is no driveway turnaround as is required by the City Code for properties on a collector. 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
Bluffs are not present on the property.
Floodplain Overlay
The property is not within an area of elevated flood risk.
Shoreland Management
The property is not located within the Shoreland Management District.
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Wetland Protection
There is not a wetland located on the property.
NEIGHBORHOOD
City Lots of Chanhassen
The plat for this area was recorded in
October of 1887. Over the subsequent
century, the City of Chanhassen was
formed, a zoning code was passed, the
zoning code was amended numerous
times, and buildings were built,
demolished, and rebuilt to meet the
standards and needs of the existing
ordinances. Many of the lots in this area
are substandard, with unimproved alleys
bordering the rear yard. Variances and
nonconforming structures are common,
with many property’s being over the
required lot cover or having structures
that encroach into required setbacks.
Variances within 500 feet:
1979-13 201 Chan View: Approved- five-foot side and 25-foot rear yard setbacks (detached
garage)
1980-05 203 ½ Chan View: Approved- five-foot side and 20-foot rear yard setbacks (detached
garage)
1983-13 222 Chan View: Approved- seven-foot side yard setback (attached garage)
1985-06 7725 Frontier Trail: See 1988-10
1986-05 202 W 77th Street: Approved- two-foot side yard setback (detached garage)
1986-10 7791 Erie Ave: Approved- 10-foot front yard setback (house)
1988-10 7725 Frontier Trail: Approved- three-foot side yard setback (convert 1 car garage to 2
car garage)
1999-06 226 Chan View: Approved- 18-foot front yard setback (addition) and 10-foot front yard
setback (detached garage)
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2001-01 220 W 78th Street: Approved- 21.5-foot front yard setback (addition)
2004-39 222 W 78th Street: Approved- 26.2-foot front yard setback to intensify existing non-
conformity (front canopy with supports)
2017-21 204 W 78th Street: Approved- 3-foot front yard setback and 1.5% lot cover (pergola and
driveway expansion).
2020-03 306 W 78th Street: Approved- 1-foot height and 11.33 sq. ft. display area (sign).
2020-17 7727 Frontier Trail: Approved- 11.75-foot front yard setback and 7% lot cover (detached
garage).
ANALYSIS
Side Setback
The existing garage has a 1.3-foot side yard setback. The applicant is
proposing constructing a new garage with a four-foot side yard setback.
The applicant has stated that they are requesting this side yard setback in
order to allow them to utilize the existing driveway and minimize the
amount of lot cover that will need to be added to provide access to the new
garage and facilitate turning movements. They have also stated that the
proposed placement will leave more of the backyard open for other uses,
which they feel is an important consideration given how small the lot is.
In determining the reasonableness of the requested side yard setback
variance, both the width of the property and extent of the existing non-
conforming setback should be taken into account. The applicant’s parcel is
60 feet wide which is 30 feet narrower than the minimum width required
by the city’s zoning code for RSF properties. While a 60-foot-wide lot
could theoretically accommodate a garage meeting the required 10-foot
side yard setback, the location of the existing home and driveway do not
lend themselves to such a placement and requiring the applicant to meet
the 10-foot setback would require a further increase the property’s lot
cover. Staff also recognizes that shifting the garage over would reduce the usable amount of rear
yard space available to the property owner.
While staff typically does not recommend approval of side yard setbacks under five feet, in this
case the existing garage has a non-conforming 1.3-foot side yard setback and the applicant’s
requested four-foot side yard setback is an improvement to the existing non-conforming
situation. Additionally, the existing driveway is designed to work with the current garage’s 1.3-
foot side yard setback and the location of the home limits the applicant’s ability to substantially
relocate the existing driveway. Finally, the proposed setback creates an approximately 17-foot
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Page 7
separation between the garage and neighboring home’s garage which should prevent the
proposed setback reduction form negatively impacting the neighboring home.
For these reasons, staff recommend approval the proposed four-foot side yard setback.
Lot Cover
The applicant’s proposed two-car garage and associated
driveway expansion would increase the property’s lot
cover by approximately 600 square feet. While the
applicant is proposing vacating the alley behind the house
to help offset the new lot cover, the proposal still results
in the property exceeding the district’s 25 percent
impervious surface limit by 3.5 percent. Additionally, the
engineering department has noted that the proposed
driveway configuration would not provide a turnaround
meeting the requirements for properties with access to a
collector road and that approximately 140 square feet of
additional lot cover would be required to create an
adequate turnaround. Incorporating the required
turnaround would result in around 30 percent impervious
surface.
Due to the fact that the lot is approximately half the size
of an RSF lot meeting the minimum requirements of the
zoning code and the constraints imposed by location of
the existing home and driveway access, there is no ability
to add a two-car garage to this property without
increasing without exceeding the property’s 25 percent
impervious surface limit. A two-car garage is a
requirement for all single-family homes in Chanhassen
and the city has always taken the position that variance
requests to add two-car garages to properties that do not have them are reasonable.
In evaluating the extent of the requested lot cover variance, staff always looks for areas where
excessive or unnecessary lot cover can be removed. In this case, the house itself has a smaller
footprint than would be required of a new single-family home and the applicant is already
proposing to remove portions of the small existing rear patio. Given the location of the home, it
is difficult to imagine a plausible configuration that would result in less lot cover than the
applicant is proposing. Additionally, a portion of the lot cover variance is being required by staff
over and beyond what the applicant is requiring in order to provide a functional turnaround.
Staff supports a 30 percent lot cover variance for the property; however, it should also be noted
that this area does not have adequate stormwater infrastructure and that the applicant also has an
option under the city code to use pervious pavers to complete the project without a lot cover
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Page 8
variance. For these reasons staff is proposing that the applicant be required to provide a
stormwater BMP (best management practice) to address the impact of any impervious surface
they add over the permitted 25 percent. This BMP could be using pervious pavers for 5 percent
of the lot cover as permitted by the city code, installing a rain garden, or some other form BMP.
Staff is recommending grating the lot cover variance with this condition rather than mandating
the use of pervious pavers because pervious pavers are not always a viable solution and, in
recognition of the difficulties associated with the lot and reasonableness of the request, we want
to provide the applicant the maximum amount of flexibility in determining how best to offset
impact of the increased lot cover.
Impact on Neighborhood
This neighborhood is one of the oldest in the
city with a preponderance of lots that do not
meet the dimensional requirements of the
existing zoning code. Many of the older
homes in the area were built prior to garages
being common and many properties have
received variances to accommodate additions
and garages. The two-car garage proposed by
the application is of an average size and a
typical design. The applicant is proposing to
use the existing driveway and access and the
proposed garage is set back on the property
and the expanded portion is partially screened from view by the existing home. While the requested
side yard setback places the garage nearer to the western neighbor than the code would ordinarily
allow, it is an improvement to the existing placement of the current garage. The new garage will
also be pushed father back on the lot and its expanded area will entirely border the neighbor’s
garage which should minimize its impact on their rear yard view.
Given the above, staff does not expect the proposed garage to be out of keeping with the existing
neighborhood’s character or to negatively impact the neighboring properties.
RECOMMENDATION
Staff recommends that the Planning Commission approve the requested six-foot side yard
setback and five percent lot cover variance, for the construction of a detached garage, subject to
the following conditions:
1. A building permit must be obtained prior to demolishing any structures on the site and
before beginning any construction on the site.
2. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review.
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Page 9
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 applicant shall have the proposed right-of-way (alley) vacated and recorded with the
Carver County Land Records Department prior to issuance of a building permit.
5. The applicant shall update their construction plans to include a turnaround in accordance
with Sec 20-1122(d)(8) of City Ordinance prior to issuance of a building permit.
6. The planter box depicted in the public right-of-way (alley) owned by the applicant must
be relocated within the applicant’s property and maintain a minimum separation of 10
feet from the sanitary sewer main located within the right-of-way.
7. A revised design must be developed by the applicant to address the increase in
stormwater volumes created over the lot cover limit. The design shall include stormwater
BMP(s) to treat stormwater calculated as 0.55 inches multiplied by the increase in lot
cover over 25%. Design plans must be approved by the Water Resources Engineer.
8. An Operations and Maintenance agreement describing the precise location and extent of
the onsite BMP(s), as well as maintenance activities and an inspection checklist shall be
signed by the property owner and the city and shall be recorded against the property at
the county recorder's office. The property owner shall be responsible for all costs and fees
associated with the operations and maintenance agreement creation and recording.
9. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural
Resources and the Riley Purgatory Bluff Creek Watershed District, and all applicable
permits shall be obtained prior to any site improvements.
10. Eaves may extend no more than 1.5 feet beyond the approved setback and the edge of the
eaves must be at least 2.5 feet from the side lot line.
11. Gutter downspouts may not be oriented to the west.
g:\plan\2023 planning cases\23-11 206 w 78th st - var\staff report_206 w 78th st var.docx
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Memorandum
To: MacKenzie Young-Walters, Associate Planner
From: Erik Henricksen, Project Engineer
Joe Seidl, Water Resources Engineer
CC: Charles Howley, Public Works Director/City Engineer
George Bender, Assistant City Engineer
Charlie Burke, Public Works Operations Manager
Date: 6/8/2023
Re: Side Yard Setback, Lot Cover, and Other Variances at 206 W 78th
Street – Planning Case #2023-11
The Engineering and Water Resources Departments have reviewed the Variance submittal for
206 W 78th Street. These comments are divided into two categories: general comments and
proposed conditions. General comments are informational points to guide the applicant in the
proper planning of infrastructure for this project, to inform the applicant of possible
extraordinary issues and/or to provide the basis for findings. Proposed conditions are
requirements that Engineering and Water Resources recommends be formally imposed on the
applicant in the final order. Note that references to the “City Standards” herein refer to the City
of Chanhassen Standard Specifications and Detail Plates.
General Comments/Findings
1. Any and all plans submitted with this application have been reviewed only for the
purpose of determining the feasibility of the project based on the variance(s) requested
and that the proposal is in accordance with City Standards. A recommendation of
variance approval does not constitute final approval of details, including but not limited
to alignments, materials and points of access, utility connections or discharge, that are
depicted or suggested in the application. The applicant is required to submit detailed
construction drawings for the project, as applicable. The City of Chanhassen Engineering
and Water Resources Departments will review plans, in detail, when they are submitted
and approve, reject or require modifications to the plans or drawings based upon
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conformance with City Standards, the Chanhassen Code of Ordinances, the final order of
the Variance determination(s), and the professional engineering judgment of the City
Engineer.
2. It is the opinion of the Engineering and Water Resources Departments that the
proposed variances can be developed in accordance with the requirements of the
Chanhassen Code of Ordinances (as it pertains to Engineering and Public Works
requirements) and City Standards, provided it fully addresses the comments and
conditions contained herein and can be approved.
3. The applicant is proposing to demolish an existing single-car detached garage to
construct a new two-stall detached garage at 206 W 78th Street. The proposed
improvement will require two variances: a side yard setback and lot cover variance.
Engineering and Water Resources have no comment on the side yard setback variance.
4. The demolition of the existing single-car detached garage in order to construct a new
two-stall detached garage inherently adds impervious area increasing the overall
hardcover calculated for the property. The applicant has provided surveys by Sisu Land
Surveying dated 5/17/2023 and prepared by Curtiss J. Kallio, RLS for the existing
conditions and the proposed conditions. The existing conditions survey indicates a lot
area of 7915 square feet with an existing hardcover of 1793 square feet, or 22.7%
hardcover. The proposed conditions survey indicates a lot area of 8395 square feet, an
increase of 480 square feet, as the applicant has started the process of petitioning the
city for vacation of public right-of-way (alley) abutting the property to the north. Staff is
in support of this vacation. With the potential increase in lot area, and the addition of
the proposed two stall detached garage and associated driveway improvements, the
total hardcover would be 2389 square feet, or 28.5%. See proposed condition 1.
5. The property’s egress/ingress is had via W 78th Street which is classified as a collector
road. In accordance with Sec. 20-1122(d)(8) a turnaround is required when a driveway
enters a collector road. This requirement is to prevent a vehicle from having to back-out
of a driveway onto a collector, which can create unnecessarily unsafe conditions for
both the driver leaving the property but also the traveling public as collector roadways
have higher volumes of traffic and typically higher speeds when compared to local
roads. The applicant’s proposed survey does not depict a turnaround and must be
updated accordingly upon building permit submittal. Engineering has reviewed the
proposed survey, and it would appear that an additional 140 square feet of hardcover
would be required to construct the minimum turnaround. This would increase the
amount of hardcover by approximately 1.6%. Engineering is in support of this relatively
small increase to the hardcover variance being requested in order to promote the safety
of the traveling public. See proposed condition 2.
6. The existing conditions survey depicts a planter box owned by the applicant located
within the public right-of-way (alley) and over a public sanitary sewer main. When
17
private improvements are located over public utilities it can make the maintenance or
repair of those utilities difficult and unnecessarily burdensome. Also, if the vacation
being petitioned by the applicant is approved, the box would still not be located within
the owner’s property. In order to properly maintain the sanitary sewer main and to
ensure the private improvement owned by the property owner is located on their
property, the box must be relocated. See proposed condition 3.
7. The proposed driveway and garage improvements would increase the impervious area
of the lot to 2389 square feet, or 28.5% of the lot size . The proposed plan would
increase the lot cover by 3.5% over the 25% maximum lot cover that the property is
zoned for, which equates to 294 square feet. There are no existing stormwater best
management practices (BMPs) on the property.
8. Increased impervious area acts to limit infiltration which results in additional
stormwater being generated by the site. Increased stormwater volumes create
additional pollutant loads being transferred off the site and into public infrastructure
and downstream water resources. City stormwater infrastructure is sized based on lot
cover, therefore increasing a site’s lot cover over the approved percentage would act to
stress stormwater infrastructure and could create adverse impacts downstream.
9. The City’s Local Stormwater Management Plan has an entire section dedicated to water
quality, its importance, and strategies to improve water quality as the city is
redeveloped.
Policy 2.2 Require that development and redevelopment projects demonstrate no net
increase in the annual mass of total suspended solids (TSS), total phosphorous (TP) from the site
compared to pre-development conditions.
Policy 2.3 Require owners of development or redevelopment projects to provide on-site
volume reduction or treatment or, where volume reduction is infeasible, contribute to the
construction or improvement of a regional facility.
One of the city’s chief strategies for achieving its water quality goals is to require
development and redevelopment to provide stormwater quality treatment through
abstraction of 1.1 inches of runoff from impervious surfaces, or if that is infeasible, to
provide treatment by some other means. Because the area like most of Chanhassen has
clay soils a reduced water quality amount is suggested of 0.55 inches multiplied by the
increase in impervious area over the zoned lot cover
18
10. The applicant’s proposed design did not include any stormwater best management
practices (BMPs). Typical BMPs for this type of project would include rain gardens,
pervious pavement, native buffers, and/or rain barrels. No stormwater design
calculations or vegetation plans were submitted as part of the variance. BMPs would
treat stormwater, reduce stormwater volumes, and act to mitigate impacts from the
construction and increased impervious area in the proposed plan if designed, installed,
and properly maintained. As such the applicant shall submit a revised design and
calculations that includes the use of BMP(s) to treat stormwater. The amount of
stormwater treated shall be calculated as 0.55 inches multiplied by the increase in
impervious area (square foot) for the proposed improvements over the 25% lot cover.
The revised site/BMP design must be approved by the Water Resources Engineer. The
stormwater BMP(s) will be private and will therefore require an Operations and
Maintenance agreement to be recorded at the Carver County Recorder’s office. The city
has a process and template forms that can be used. The applicant shall be responsible
for the creation of the Operations and Maintenance agreement and all recording costs.
See conditions 4 and 5.
Proposed Conditions
1. The applicant shall have the proposed right-of-way (alley) vacated and recorded with
the Carver County Land Records Department prior to issuance of a building permit.
2. The applicant shall update their construction plans to include a turnaround in
accordance with Sec 20-1122(d)(8) of City Ordinance prior to issuance of a building
permit.
3. The planter box depicted in the public right-of-way (alley) owned by the applicant must
be relocated within the applicant’s property and maintain a minimum separation of 10’
from the sanitary sewer main located within the right -of-way.
4. A revised design must be developed by the applicant to address the increase in
stormwater volumes created over the lot cover limit. The design shall include
stormwater BMP(s) to treat stormwater calculated as 0.55 inches multiplie d by the
increase in lot cover over 25%. Design plans must be approved by the Water Resources
Engineer.
5. An Operations and Maintenance agreement describing the precise location and extent
of the onsite BMP(s), as well as maintenance activities and an inspection checklist shall
be signed by the property owner and the city and shall be recorded against the property
at the county recorder's office. The property owner shall be responsible for all costs and
fees associated with the operations and maintenance agreement creation and
recording.
19
6. 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.
20
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Allison Schmitt for side yard setback, driveway setback, and lot cover variances to
facilitate the construction of a detached garage on a property zoned Single Family Residential
District (RSF) – Planning Case 2023-11.
On June 20th, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and mailed
notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
The legal description of the property is:
Lots 2, Block 2, City Lots of Chanhassen, Carver County, Minnesota
3. Variance Findings – Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes and
intent of this Chapter and when the variances are consistent with the Comprehensive Plan.
Finding:The City Code requires single-family homes to have a two-car garage with the
intention of ensuring adequate off-street parking and accommodating the indoor storage of
vehicles and other household items. The City Code also requires that properties with access
off of a collector road have a turnaround to facilitate safe egress. The variances to lot cover
and side yard setbacks are necessary to allow the property to add a two-car garage with
driveway turnaround. Adding features to a property that are required by City Code is
consistent with the intent of the zoning code and Comprehensive Plan.
b.When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties" as used in connection with the granting of a variance, means that the property
owner proposes to use the property in a reasonable manner not permitted by this Chapter.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
21
2
Finding:A two-car garage is a reasonable use for a property zoned RSF that cannot be
constructed on this property due to the zoning codes required setbacks and lot cover limits.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
Finding:The plight of the landowner is the result of the parcel being created and the existing
structures being constructed prior to the adoption of the zoning code. As a result, the lot is
substandard and the structures are non-conforming. Due to the small size of the lot and the
placement of the existing home, a two-car garage cannot be added without lot cover and
setback variances.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: This neighborhood is one of the oldest in the city with a preponderance of lots that do
not meet the dimensional requirements of the existing zoning code. Many of the older homes in
the area were built prior to garages being common and many properties have received variances
to accommodate additions and garages. The two-car garage proposed by the application is of an
average size and a typical design. The applicant is proposing to use the existing driveway and
access and the proposed garage is set back on the property and the expanded portion is partially
screened from view by the existing home. The new garage would not negatively impact the
neighborhoods character.
f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes
Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
4.The planning report #2023-11, dated June 20, 2023, prepared by MacKenzie Young-
Walters is incorporated herein.
DECISION
The Planning Commission approves the requested 6-foot side yard setback, 2-foot driveway setback,
and 5 percent lot cover variances for the construction of a detached garage, subject to the following
conditions:
1. A building permit must be obtained prior to demolishing any structures on the site and before
beginning any construction on the site.
2. Building plans must provide sufficient information to verify that proposed building meets all
requirements of the Minnesota State Building Code, additional comments or requirements
may be required after plan review.
22
3
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 applicant shall have the proposed right-of-way (alley) vacated and recorded with the
Carver County Land Records Department prior to issuance of a building permit.
5. The applicant shall update their construction plans to include a turnaround in accordance
with Sec 20-1122(d)(8) of City Ordinance prior to issuance of a building permit.
6. The planter box depicted in the public right-of-way (alley) owned by the applicant must be
relocated within the applicant’s property and maintain a minimum separation of 10 feet from
the sanitary sewer main located within the right-of-way.
7. A revised design must be developed by the applicant to address the increase in stormwater
volumes created over the lot cover limit. The design shall include stormwater Best
Management Practices (BMPs) to treat stormwater calculated as 0.55 inches multiplied by
the increase in lot cover over 25%. Design plans must be approved by the Water Resources
Engineer.
8. An Operations and Maintenance agreement describing the precise location and extent of the
onsite BMP(s), as well as maintenance activities and an inspection checklist shall be signed
by the property owner and the city and shall be recorded against the property at the county
recorder's office. The property owner shall be responsible for all costs and fees associated
with the operations and maintenance agreement creation and recording.
9. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources
and the Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be
obtained prior to any site improvements.
10. Eaves may extend no more than 1.5 feet beyond the approved setback and the edge of the
eaves must be at least 2.5 feet from the side lot line.
11. Gutter downspouts may not be oriented to the west.
ADOPTED by the Chanhassen Planning Commission this 20th day of June 2023.
CITY OF CHANHASSEN
BY:
Its:
g:\plan\2023 planning cases\23-11 206 w 78th st - var\findings of facts.docx
23
1
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2023-11
1.Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants
the following variance:
The Chanhassen Board of Appeals and Adjustments approves the requested 6-foot side yard
setback, 2-foot driveway setback, and 5 percent lot cover variances for the construction of a
detached garage, subject to the conditions of approval.
2.Property.The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota,
and legally described as Lots 2, Block 2, City Lots of Chanhassen, Carver County, Minnesota.
3.Conditions.The variance approval is subject to the following conditions:
1. A building permit must be obtained prior to demolishing any structures on the site and before
beginning any construction on the site.
2. Building plans must provide sufficient information to verify that proposed building meets all
requirements of the Minnesota State Building Code, additional comments or requirements may be
required after plan review.
3. 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 applicant shall have the proposed right-of-way (alley) vacated and recorded with the Carver
County Land Records Department prior to issuance of a building permit.
5. The applicant shall update their construction plans to include a turnaround in accordance with Sec
20-1122(d)(8) of City Ordinance prior to issuance of a building permit.
6. The planter box depicted in the public right-of-way (alley) owned by the applicant must be
relocated within the applicant’s property and maintain a minimum separation of 10 feet from the
sanitary sewer main located within the right-of-way.
7. A revised design must be developed by the applicant to address the increase in stormwater
volumes created over the lot cover limit. The design shall include stormwater Best Management
Practices (BMPs) to treat stormwater calculated as 0.55 inches multiplied by the increase in lot
cover over 25%. Design plans must be approved by the Water Resources Engineer.
8. An Operations and Maintenance agreement describing the precise location and extent of the
onsite BMP(s), as well as maintenance activities and an inspection checklist shall be signed by
the property owner and the city and shall be recorded against the property at the county recorder's
office. The property owner shall be responsible for all costs and fees associated with the
operations and maintenance agreement creation and recording.
24
2
9. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources and
the Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be obtained
prior to any site improvements.
10. Eaves may extend no more than 1.5 feet beyond the approved setback and the edge of the eaves
must be at least 2.5 feet from the side lot line.
11. Gutter downspouts may not be oriented to the west.
4. Lapse. If within one (1) year of the issuance of this variance, the allowed construction has not been
substantially completed, this variance shall lapse.
Approved by Planning Commission: June 20, 2023
CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
(SEAL)
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER)
The foregoing instrument was acknowledged before me this day of , 2023 by
Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to authority granted by its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
25
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division – 7700 Market Boulevard
Mailing Address – P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-00 / Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: PC Date: CC Date: 60-Day Review Date:
Section 1: Application Type (check all that apply)
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
Comprehensive Plan Amendment ......................... $600
Minor MUSA line for failing on-site sewers ..... $100
Conditional Use Permit (CUP)
Single-Family Residence ................................ $325
All Others......................................................... $425
Interim Use Permit (IUP)
In conjunction with Single-Family Residence .. $325
All Others......................................................... $425
Rezoning (REZ)
Planned Unit Development (PUD) .................. $750
Minor Amendment to existing PUD ................. $100
All Others......................................................... $500
Sign Plan Review ................................................... $150
Site Plan Review (SPR)
Administrative .................................................. $100
Commercial/Industrial Districts* ...................... $500
Plus $10 per 1,000 square feet of building area:
(______ thousand square feet)
*Include number of existing employees: __________
*Include number of new employees: __________
Residential Districts ......................................... $500
Plus $5 per dwelling unit (BBBBB units)
Subdivision (SUB)
Create 3 lots or less ........................................ $300
Create over 3 lots ....................... $600 + $15 per lot
(_____ lots)
Metes & Bounds (2 lots) .................................. $300
Consolidate Lots .............................................. $150
Lot Line Adjustment ......................................... $150
Final Plat .......................................................... $700
(Includes $450 escrow for attorney costs)*
*Additional escrow may be required for other applications
through the development contract.
Vacation of Easements/Right-of-way (VAC) ........ $300
(Additional recording fees may apply)
Variance (VAR) .................................................... $200
Wetland Alteration Permit (WAP)
Single-Family Residence ............................... $150
All Others ....................................................... $275
Zoning Appeal ...................................................... $00
Zoning Ordinance Amendment (ZOA) ................. $500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
Notification Sign (City to install and remove) ...................................................................................................................... $200
Property Owners’ List within 500’ (City to generate after pre-application meeting) .................................................. $3 per address
(____ addresses)
Escrow for Recording Documents (check all that apply) ....................................................................... $50 per document
Interim Use Permit
Variance
Site Plan Agreement
Wetland Alteration Permit
'HHGV
Conditional Use Permit
Vacation
Metes & Bounds Subdivision (GRFV) Easements (____ easements)
TOTAL FEE:
Section 2: Required Information
Description of Proposal:
Property Address or Location:
Parcel #: Legal Description:
Total Acreage: Wetlands Present? Yes No
Present Zoning: Requested Zoning:
Present Land Use Designation: Requested Land Use Designation:
Existing Use of Property:
Check box iI separate narrative is attached.
SECT 12 TWP 116 RANGE 023 CITY LOTS OF CHANHASSEN LOT 02 BLOCK 0
✔
Primary Residence
✔
✔
✔
✔
✔
40
570
Variance to allow 4ft from property lot line to west wall of new garage (to replace
existing) and to allow up to 29% impervious surface allowance.
206 W 78TH St, Chanhassen MN 55317
250500140
Select One
Select One Select One
Select One
Authentisign ID: 9C0F6DDC-A8F5-ED11-907A-6045BDD47FEA
26
Section 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
PROJECT ENGINEER (if applicable)
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports? *Other Contact Information:
Property Owner Via: Email Mailed Paper Copy Name:
Applicant Via: Email Mailed Paper Copy Address:
Engineer Via: Email Mailed Paper Copy City/State/Zip:
Other* Via: Email Mailed Paper Copy Email:
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirementsDQGIHHV.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
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
copy to the city for processing.
Allison Schmitt
206 W 78th St 952.212.1346
Chanhassen, MN 55317
dwell.amschmitt@gmail.com
✔✔
SAVE FORM PRINT FORM SUBMIT FORM
Authentisign ID: 9C0F6DDC-A8F5-ED11-907A-6045BDD47FEA
27
CERTIFICATION
Allison Schmitt
CERTIFICATE OF SURVEY for :
202313
SISU LAND SURVEYING
2580 Christian Dr.
Chaska, MN 55318
612-418-6828
PROPERTY DESCRIPTION
PROPERTY INFORMATION
EXISTING IMPERVIOUS
LEGEND
EXISTING CONDITIONS
28
CERTIFICATION
Allison Schmitt
CERTIFICATE OF SURVEY for :
202313
SISU LAND SURVEYING
2580 Christian Dr.
Chaska, MN 55318
612-418-6828
PROPERTY DESCRIPTION
PROPERTY INFORMATION
EXISTING IMPERVIOUS
LEGEND
PROPOSED IMPERVIOUS
PROPOSED CONDITIONS
PROPOSED VARIANCES
29
Variance Application Supplement – 206 W 78th St Chanhassen MN 55317
Written description of variance request.
Property owner is seeking approval of two variance requests before submitting an application
for building permit for a new 2 stall garage (22’x24’ footprint) in place of the existing single car
garage (12’x18’ footprint), which is to be completely demolished.
a. a variance is requested on the city’s lot setback requirements to allow the westerly
wall of the proposed garage to be built no less than 4 ft from the property lot line.
b. a variance is requested for an additional 4% of impervious surface allowance, not to
exceed 29% of the overall surface – with and upon the approval of the City of
Chanhassen vacation of alleyway, adding to overall lot square footage
Written justification of how request complies with the findings for granting a variance
(pursuant to Section 20-58) as follows:
1. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the
comprehensive plan.
a. the setback variance request maintains the position of the garage as close to
the original placement as possible, while considering modern vehicle sizing in
configuration for the distance from the garage front to existing house
b. the sole purpose of the new garage is for additional space – storage for two
vehicles, outdoor lawn care equipment, recreational equipment, etc
2. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by
this Chapter. Practical difficulties include, but are not limited to, inadequate access to
direct sunlight for solar energy systems.
a. shrinking the setback on the westerly side of the new garage helps to reduce
the necessary hardscape (driveway) and maintains the integrity of the backyard
b. due to the length of the driveway and the positioning of the original garage,
additional impervious surface allowance is required to maintain access to all
entry/exit points from the home and new proposed garage. It would also create
the opportunity to reasonably be able to turn a vehicle around; creating a safety
solution as the property entry to main road tends to be busy and has a visibility
challenge for homeowner as well as general public on the roadway.
3. That the purpose of the variation is not based upon economic considerations alone.
a/b. the purpose is based on the current footprint, and the desire to expand
available garage square footage to allow for a second car parking and storage,
while following the original lot layout as closely as possible in doing s
30
4. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
a. due to the location of the original structures on the lot, the simplest and
arguably most attractive solution to creating additional garage space is to
replace the existing one as closely to the current position as possible
b. due to the size of the home and lack of available basement storage space,
additional square footage in the new garage would be the most viable option for
storage of bicycles, etc.
5. The variance, if granted, will not alter the essential character of the locality.
a/b. the new proposed structure (garage) will be used for the same purposes (as
noted above) as the existing structure, only in a more standard size for the
modern day needs of the current (or any future) homeowner
6. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
a. Excerpt from 2022 MN Statues 216C.06 Definitions: Subd. 14. Earth sheltered.
["Earth sheltered" means constructed so that 50 percent or more of the exterior
surface is covered or in contact with earth. Exterior surface includes all walls and
roof, but excludes garages and other accessory buildings. Earth covering on
walls is measured from the floor of the structure's lowest level. Earth covering
on the roof must be at least 12 inches deep to be included in calculations of
earth covering. Partially completed buildings shall not be considered earth
sheltered.]
b. Per the property owner’s understanding, this statute does not apply.
31
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COLINTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
June 8, 2023,the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice to consider a request for
a side yard setback, lot cover, and other variances to build a garage for a property located
il206 W 78th Street and zoned Single Family Residential. Property Owner/Applicant:
Allison Schmitt 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
Kim T City
to before me
2023
otary Public
JENNIFER POTTERANN
NotarY
ExPlrcs Jan 31,
32
Tuesday, June 20, 2023, at 6:00 p.m. This hearing may not
start until later in the eveninq, dependinq on the order of the agenda.
Location:City Hall Council Chambers, 7700 Market Blvd
Consider a request for a side yard setback, lot cover, and other
variances to build agarage for a property located at 206 W 78th
Street and zoned Single Family Residential.
Allison SchmittApplicanUOwner:
Property
Location:
206 W 78th Street
A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about
the applicant's request and to obtain input from the
neighborhood about this project. During the meeting, the
Chair will lead the public hearing through the following
steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans for the project.
3. Comments are received from the public.
4. Public hearing is closed and the Planning Commission
discusses the proiect.
What Happens at
the Meeting:
Questions &
Comments:
To view project documents before the meeting, please
visit the city's proposed development webpage at:
www.chan hassenmn.qov/proposeddevelopments. lf
you wish to talk to someone about this project, please
contact MacKenzie Young-Walters by emailat
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 meeting.
Sign up to receive email updates about this or other projects. Go to
https://www. chanhassen mn. qov/i-want-to/su bscribe
City Roview Procedure:
. Subdivisions, Planned Unit Developm€nts, Site Plan Reviews, Conditional and lnterim Uses, Wetland Alterations, Rezonings,
Comprehensive Plan Amendments, Variances, Appeals, and Code Amendments require a public hearing before the Planning
Commission. City ordinanes require all property within 500 feet of the sublect site to be notified of the application in writing. Any
interestad party is invit€d to attend the meeting.
. Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are
available by request. At th€ Planning Commission meeting, staff will give a verbal overview of the report and a recommendation.
Th€ item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the
public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or
modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simpls
majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial.
. Minnesota State Statute 519.99 requires all appliEtions to be pro@ssed within 60 days unless the applicant waives this standard.
Soma appliGtions due to their @mplexity may take soveral months to complete. Any persn wishing to follow an item through the
proGss should check with th€ Planning Department regarding its status and scheduling for the City Council meeting.
. A neighborhood spokesperson/representative is en@uraged to provide a mntact for the city. Often developers are encouraged to
meet with the neighborhood regarding their proposal. Staff is also available to review the prqect with any interested person(s).
. Bemuse the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any
correspondence regarding the appli€tion will be included in the report to the City Council. lf you wish to have something to be
included in the report, please contact the Planning Staff person nam€d on the notification.
Notice of Public Hearing
Ghanhassen Plan Commission
Notice of Public Hearing
Chanhassen Planni Commission
Tuesday, June 20, 2023, at 6:00 p.m. This hearing may not start
until later in the the
HallCouncil 7700 Market Blvd.
Consider a request for a side yard setback, lot cover, and other
variances to build agarage for a property located at 206 W 78th
Street and zoned Residential.
Allison Schmitt
206 W 78tl' Street
A location is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans for the project.
3. Comments are received from the public.
4. Public hearing is closed and the Planning
Commission discusses the ect.
To view project documents before the meeting, please visit
the city's proposed development webpage at:
www.chanhassenmn.oov/proposeddevelopments. lf you
wish to talk to someone about this project, please contact
MacKenzie Young-Walters by email at
mwalters@chan hassen mn. qov or by phon e al 952-227 -1 1 32.
lf you choose to submit written comments, please send one
copy to staff in advance of the meeting. Staff will provide
copies to the Planning Commission. The staff report for this
item will be available online on the city's Agendas & Minutes
webpage the Thursday prior to the Planning Commission
meeti
City Review Procedure:
. Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and lnterim Uses, Wetland Alterations, Razonings,
Comprehensive Plan Amendments, Variances, Appeals, and Code Amendments require a public hearing before the Planning
Commission. City ordinanes require all property within 500 feet of the subject site to be notified of the application in writing. Any
intsrested party is invited to attond the meeting.
. Staff prepares a roport on the subject application that includes all pertinent information and a recommendation. These reports are
available by request. At the Planning Commission meeting, staff will give a verbal overyiew of the report and a r€mmmendation. The
it€m will be opened for the public to speak about the proposal as a part of th€ h€aring proess. The Commission will close the public
hearing and discuss the item and make a re@mmendation to the City Council. The City Council may revsrso, affirm or modify wholly or
partly Ge Planning Commission's re@mmendation. Rezonings, land use and mde amendments take a simple majority vote of the City
Council except rezonings and land use amendments from residential to commercial/industrial.
. Minnesota State Statute 519.99 requires all applications to be proess€d within 60 days unless the applicant waives this standard.
Some applications due to their smplexity may take several months to complete. Any person wishing to follow an itam through the
process should check with the Planning Department regarding its status and scheduling for the City Council meeting.
. A neighborhood spokesperson,/representative is en@uraged to provide a mntacl for the city. Often devalopers are enmuraged lo mest
with the neighborhood regarding their proposal. Staff is also availabl6 to review the project with any interested person(s).
. Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any corresponden@
regarding the application will be included in the report to the City Council. lf you wish to have something to be included in tha report,
please mntact the Planning Stafi peEon named on the notifi€tion.
Date & Time:
Location
Proposal:
ApplicanUOwner:
Property
Location
What Happens at
the Meeting:
Questions &
Comments:
Date & Time:
Proposal:
Sign up to receive email updates about this or other projects. Go to
https ://www. chan hassen mn. qov/i-want-to/su bscribe
33
Subject
Parcel
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used
as one. ihis map is a compilation of records, information and data located in various city,
munty, state and federal offices and other sources regarding the area shown, and is to
be used for reference purposes only. The city does not warrant that the Geographic
lnformation system (Gls) Data used to prepare this map are error free, and the city does
not represeni that the GIS Data can be used for navigational, tracking or any other
purpose requiring exacting measuremenl of distance or direction or precision in the
bepiction of geographic features. The preceding disclaimer is provided pursuant lo
Minnesota statutes s466.03, subd. 21 (2000), and the user of this map acknowledges
that the City shatl ndt be liabte for any damages, and expressly waives all claims, and
agrees to defend, indemnify, and hold harmless the city from any and all claims brought
by User, its employees or agents, or third parties which arise out of the users accEss or
use of data Provided.
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used
as one. ihis map is a compalation of records, information and data located in various city,
county, state and federal offices and other sources regarding the area shown, and is to
be used for reference purposes only. The City does not warrant that the Geographic
lnformation System (Gls) oata used to prepare this map are error free, and the city does
not represent that the GIS Data can be used for navigational, tracking or any other
purpoie requiring exacting measurement of distance or direction or precision in the
iiepiction of geographic features. The preceding disclaimer is provided pursuant to
Minnesota St,tutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all claims, and
3s':,:: tq.d"l:lq, indemnifY, aLg holg,l'3lmre:: th", 9iy l'9T any 1* .arr
clalms 9r.ousht
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34
Igulre
ADELINE R KAHL
ALLISON SCHMITT
LOUISE DIEDRICH
BARBARA PIKE
BREANNA ESSOI
CARVER COUNTY CDA
CHAD A MINKEL
CHAPEL HILL ACADEMY
CHURCH OF ST HUBERT
COLLEEN SHELLY NUSTAD
CRAIG M LARSON
DAYANIRA ZAMORANO
DEANC&JANETMBURDICK
GREGORYJ & KAREN J ODASH
GREGORY L HUBERS
JEANNE M BURKE REV TRUST U/A
EFFREYW&MARYLBORNS
KENNY CATAIN
NE&KARENMKRAEMER
N MICHAEL ZUERLEIN
OHN W & PAULAJ ATKINS
ONATHAN ROLLIER
ORDAN UDELHOFEN
OSHUA H PAINE
LINDA R VANGORKOM
MARCIE ST CLAIR
MARY E JANSEN ETAL
MATTHEW FAUST
MORGAN ASHLEY DVORAK
NICHOLAS & PATRICIA PEKAREK
PATRICK KOCH
RICHARD A & ELIZABETH M NUSTAD
ROBERT J & JOANNE R MEUWISSEN LIVING TRU
ROBERT M MORGAN
TAYLOR S KAHL
THOMASA&LYNNMPAULY
TODD W PERTTU
TONJA ST MARTIN
TROY P KIMPTON
N CITIES & WESTERN RAILROAD
Tax add 11
206 W 78TH ST
i zzr zzrH sr w
lzor cHnru vrrw ,
202 W 78TH ST+_
I7O5 WALNUT ST N+_
7725 FRONTIER TRL
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lazoi rrr,qrru ai, _
7791 ERIE AVE
2OO CHAN VIEW
204 CHANVIEW
206 CHAN VIEW
221 CHAN VIEW
224 CHAN VIEW
225 77TH ST W
7199 FRONTIER TRL
7727 FRONTIER TRL
7703 ERIE AVE
226 CHAN VIEW
220 78TH ST W
204 78TH ST W
224 W 78TH ST
7701 ERIE AVE
205 W 77TH ST
3911 MEADOW VIEW LN
7720 ERIE AVE
7723 FRONTIER TRL
203 CHAN VIEW
202 CHAN VIEW
7705 ERIE AVE
7721 ERIE AVE
201 W 77TH ST
222 W 78TH ST
222 CHAN VW
7721 FRONTIER TRL
2O31.12 CHAN VtEW
207 CHAN VIEW
205 CHAN VIEW
2925 12TH ST E
Tax add 12
CHANHASSEN, MN 55317-9711
CHANHASSEN, MN 55317-
CHANHASSEN, MN 55317-
CHANHASSEN, MN 55317.9701
CHANHASSEN, MN 55317-
CHASKA, MN 55318-2039
CHANHASSEN, MN 55317.9712
CHANHASSEN, MN 55317-9734
CHANHASSEN, MN 55317-9647
CHANHASSEN, MN 55317-
CHANHASSEN, MN 55317-9707
CHANHASSEN, MN 55317-9707
CHANHASSEN, MN 55317-9707
CHANHASSEN, MN 55317.9750
CHANHASSEN, MN 55317.9613
CHANHASSEN, MN 55317-9709
CHANHASSEN, MN 55317-9605
CHANHASSEN, MN 55317-
CHANHASSEN, MN 55317.9612
CHANHASSEN, MN 55317.
CHANHASSEN, MN 55317-9755
CHANHASSEN, MN 55317.
CHANHASSEN, MN 55317.
CHANHASSEN, MN 55317-
CHANHASSEN, MN 55317-
ELKO, MN 55020-
CHANHASSEN, MN 55317.9713
CHANHASSEN, MN 55317.9712
CHANHASSEN, MN 55317.9701
CHANHASSEN, MN 55317-9707
CHANHASSEN, MN 55317.
CHANHASSEN, MN 55317.9713
CHANHASSEN, MN 55317.
CHANHASSEN, MN 55317-
CHANHASSEN, MN 55317-
CHANHASSEN, MN 55317.9712
CHANHASSEN, MN 55317-9701
CHANHASSEN, MN 55317.9701
CHANHASSEN, MN 55317.
GLENCOE, MN 55336-3368
35