Loading...
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 3 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 4 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 6 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.” 7 206 W 78th St 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 8 206 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. 9 206 W 78th St June 20, 2023 Page 4 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. 10 206 W 78th St June 20, 2023 Page 5 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) 11 206 W 78th St June 20, 2023 Page 6 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 12 206 W 78th St June 20, 2023 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 13 206 W 78th St June 20, 2023 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. 14 206 W 78th St June 20, 2023 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 15 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 16 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 (Tax_name) <Tax_add_|1 > <Tax_add_12> (Next Record><<Tax-nameD <Tax_add_!1 > <Tax_add_!2> Subject Parcel t -"? w'78th st ,./ o tl J 7 o o UJ I w78rh st , r rl - Hi"ld ,72 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 + r 306 78TH ST W 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