PC Staff ReportPlanning Commission Item
July 18, 2023
Item Consider a request for a side yard setback, lot cover, and other variances to
allow the construction of a single-family home at 3732 Hickory Road.
File No.2023-15 Item No: B.2
Agenda Section PUBLIC HEARINGS
Prepared By Bob Generous, Senior Planner
Applicant
Everson Architects LLC, Holly Brink and Lyman Brink Jr.
5301 Glenbrae Circle 3732 Hickory Road
Edina, MN 55436 Chanhassen, MN 55317
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage 0.2 acers
Density N/A
Applicable
Regulations
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article II, Division 4, Nonconforming Uses
Chapter 20, Article VII. Shoreland Management District.
Chapter 20, Article XXII, RSF Single-Family Residential District
SUGGESTED ACTION
"The Chanhassen Planning Commission approves the request for a side yard setback, lot cover, and
other variances to allow the construction of a single-family home, subject to the conditions of
approval and adopts the attached Findings of Fact and Decision"
SUMMARY
The applicant is requesting a variance for a side yard setback, lot cover, and other variances to allow the
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construction of a single-family home.
BACKGROUND
Red Cedar Point Lake Minnewashta was platted on August 30, 1913.
The existing house is 7.8 feet from the western property line and 7 feet from the eastern property line.
The existing house was built in 1985.
DISCUSSION
RECOMMENDATION
Staff recommends that the Planning Commission as the Board of Adjustments and Appeals approve the
variance for side yard setbacks (8 feet east, 7.9 feet west, and 4.9 feet for the walkway canopy, lot cover
of 27.3 percent to allow the construction of a single-family home subject to the conditions of approval,
and adopt the attached Findings of Fact and Decision.
ATTACHMENTS
Staff Report
Findings of Fact 3732 Hickory Road
Variance 3732 Hickory Road
Application for Development Review Hickory Road
Narrative 3732 Hickory Road
Plans
Affidavit of Mailing 3732 Hickory Road
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Application: Consider a request for a side yard setback, lot cover, and other variances to allow the
construction of a single-family home. (Planning Case #2023-15)
Planning Commission Review Date: July 18, 2023
City Council Review Date: August 14, 2023 (if necessary)
SUMMARY OF REQUEST: The applicant is requesting a variance for a side yard setback, lot
cover, and other variances to allow the construction of a single-family home.
LOCATION: 3732 Hickory Road (Lot 26, Block 1, Red Cedar Point Lake Minnewashta)
PID 256600161
PROPOSED MOTION:
“The Planning Commission as the Board of Adjustments and Appeals approve the variance for
side yard setbacks (Eight feet east, 7.9 feet west, and 4.9 feet for the walkway canopy, lot cover of
27.3 percent to allow the construction of a single-family home subject to the conditions of
approval, and adopt the attached Findings of Fact and Decision”
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Page 2 of 8
APPLICANT: Everson Architect LLC, Holly Brink and Lyman Brink Jr.
5301Glenbrae Circle 3732 Hickory Road
Edina, MN 55436 Chanhassen, MN 55317
PRESENT ZONING: Single-Family Residential, RSF
2040 LAND USE PLAN: Residential – Low Density
ACREAGE: 0.2 acres (8,812 sq. ft.) DENSITY: N/A
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.
PROPOSAL/SUMMARY
The applicant is requesting a variance for side yard setbacks of
eight feet on the east and 7.9 feet on the west, the existing
nonconforming setbacks, and 7.9 feet for the 3rd story stairway
addition, a variance for a roof over the walkway to permit a 4.9
feet setback, lot cover of 27.3 percent which is a slight reduction
in the existing nonconforming lot coverage from 28.4 percent to
27.3 percent to allow the construction of a single-family home.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article II, Division 4, Nonconforming Uses
Chapter 20, Article VII. Shoreland Management District.
Chapter 20, Article XXII, RSF Single-Family Residential District
BACKGROUND
Red Cedar Point Lake Minnewashta was platted on August 30, 1913.
The existing house is 7.8 feet from the western property line and
7 feet from the eastern property line. The existing house was built
in 1985.
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Page 3 of 8
EXISTING CONDITIONS
SITE CONSTRAINTS
Environmental Protection Districts
Bluff Creek corridor - This property is not located within the Bluff Creek Overlay District.
Wetland Protection - There are no wetlands on the site.
Bluff Protection - There are no bluffs on the property.
Shoreland Management - The property is located within a shoreland protection district
for Lake Minnewashta.
Floodplain Overlay - This property is not within a floodplain adjacent to the lake.
NEIGHBORHOOD
The property is located in Red Cedar Point.
The plat for this area was recorded in August 1913. Over the subsequent century, the City of
Chanhassen was formed, a zoning code was passed, the zoning code was amended numerous
times, and buildings were built, demolished, and rebuilt to meet the standards and needs of the
existing ordinances. Additionally, the neighborhood’s roads were not always constru cted within
their designated right of way. In some areas, this has led to portions of buildings being located
in the right of way and portions of these roads being located within residents’ property lines.
Very few properties in the area meet the requireme nts of the city’s zoning code, and most
properties either are nonconforming uses or are operating under a vari ance.
ANALYSIS
Ordinance Existing Proposed
Zoning RSF RSF RSF
Lot Area 20,000 sq. ft. 8,812 sq. ft. 8,812 sq. ft.
Front Yard Setback 30’ 44.8’ 44.8’
Side Yard Setback
3rd Story Stairway
Walkway Canopy
House rotate
10’
10’
10’
10’
7’ (E)/ 7.8’ (W)
NA
NA
8.8’ (E)
8’ (E),’ 7.9’ (W)
7.9’
4.9’
8’ (E)
Shoreland Setback 75’ +/- 120’ +/- 120’
Hard Surface Coverage 25% (5,000 SF) 28.4% (2,505 SF) 27.3% (2,408 SF)
Lot Frontage 90 Feet 40 Feet 40 Feet
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Page 4 of 8
Lot Depth* 125 160’ 160’
Structure Height 35 Feet Two-story, Unknown 32’
Water Oriented
Structure
250 Square Feet None None
Driveway Access 1 1 1
Engineering and Water Resources Department Review
The Engineering and Water Resources Departments have reviewed the variance submittal for
3732 Hickory Road. 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 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-family home to construct a
new home at 3732 Hickory Road. The proposed improvement will require a setback
variance as well as a lot cover variance. Engineering and Water Resources have no
comment on the setback variances.
4. The applicant has provided plans prepared by Everson Architect dated 6/16/2023 for
the existing and the proposed conditions. The existing conditions survey indicates a lot
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Page 5 of 8
area of 8,812 square feet with an existing hardcover of 2,505 square feet or 28.4%
hardcover of the lot. The proposed conditions survey indicates the same lot area of
8,812 square feet with a proposed hardcover of 2,408 square feet or 27.3% hardcover of
the lot.
5. The property’s egress/ingress is had via Hickory Road which is classified as a local road.
Hickory Road is located within a substandard right-of-way of 30 feet wide. The standard
right-of-way width for local roads as defined by City Ordinances is 60 feet wide.
Additionally, Hickory Road is a substandard 17 feet wide. The standard road width for
local roads is defined by City Standards as 31 feet. Staff agrees with the applicant’s
narrative that the proposed size and dimension of the driveway is warranted given
these conditions and is necessary to allow for off-street parking for guests due to the
existing substandard conditions associated with Hickory Road.
6. The existing home has a footprint of approximately 1,124 square feet and the property
in its existing condition has approximately 2,217 square feet of impervious area outside
of the road right of way. The proposed home has a footprint of approximately 1,471
square feet, and the proposed site layout shows approximately 2,408 square feet of
impervious area outside of the road right of way. The result is an increase in impervious
area of the property by approximately 191 square feet.
7. There are no existing stormwater best management practices (BMPs) onsite or
downstream of the site. As a result, stormwater leaving the property is not treated
before it discharges directly into Lake Minnewashta. The proposed increase in
impervious area could result in additional pollutants (including phosphorous and
suspended solids) entering into Lake Minnewashta which could negatively impact water
quality along with adding additional stormwater runoff vo lume.
The City of Chanhassen’s Local Surface Water Management Plan Policy 2.14 reads:
“Protect shorelands and water resources. All properties are required to have native
vegetated buffer adjacent to wetlands, storm ponds, and water resources. Non-
conforming properties, and lots of record shall be br ought into compliance when
applying for permits or variances to improve the property. Non-conforming buffers
should attempt to meet regulatory requirements whenever possible. The minimum
non-conforming buffer width shall be 10 feet.”
City Ordinance - Shoreland Management District Section 20-490 states:
In evaluating all variances, zoning and building permit applications, or conditional use
requests, the zoning authority shall require the property owner to address, when
appropriate, stormwater runoff management, reducing impervious surfaces,
increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and
water supply capabilities, and other conservation-designed actions.
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Page 6 of 8
8. The proposed design shown does not include any stormwater BMPs or a native
vegetated buffer that would act to offset the increased pollutant loads generated by the
increase in impervious area. No design calculations or vegetation plans were submitted
as part of the variance. Proposed BMPs and/or a native vegetated buffer would help
treat stormwater and assist to mitigate impacts from the construction and increase in
impervious area in the proposed plan if designed, installed, and properly maintained. As
such the applicant shall submit a revised design and vegetation plan including
permanent buffer markers and an agreement with the city for the buffer and/or BMP’s
permanent establishment and maintenance. See conditions 1 and 2.
9. The proposed home size was noted to be approximately 3,000 square feet with six (6)
bathrooms and five (5) bedrooms. The corrected calculations show an increase in
impervious area when comparing the existing and proposed conditions. While there was
some justification in the variance request regarding the required size of the proposed
home no alternative designs were submitted that meet city standards. It appears
feasible to reduce the home size to meet the current lot cover restrictions of the lot.
10. It should also be noted that the setback variance and building permit will trigger section
20-490 of City Ordinance which outlines the buffer and stormwater management
requirements of the site. The intent of this section of City Ordinance and the related
policy 2.14 in the Local Surface Water Management Plan are to protect water resources
and bring older sites into compliance as redevelopment occurs.
11. The applicant is proposing a design that would require setback variances as well as a lot
cover variance and an increase the impervious area of the site by approximately 191
square feet. Staff agrees that the lot is constrained but believes there is sufficient area
to build a new home which could be reconfigured to meet the lot cover requirement.
The Water Resources Department does not have a comment on the setback variances. If
the variance is ultimately approved by the Planning Commission, Policy 2.14 of the Local
Surface Water Management Plan and City Ordinance should be applied to create
permanent native buffers and/or other practices as needed to protect downstream
water resources and mitigate impacts of the proposed home construction. See
conditions one and two. Lastly, while Water Resources is not in support of the proposed
hard cover variance, any and all improvements on the site must meet applicable
jurisdictional requirements. See proposed condition three.
A permanent 10-foot native vegetated buffer adjacent to the lake with permanent buffer signs
must be installed along the shoreline using species native to the ecotype. Buffer strip averaging
may be used to achieve the total buffer area required. Alternative designs including the use of
BMPs such as rain gardens would also be considered for approval. The buffer or BMP design
may be configured around the path and stairs. Design plans must be approved by the Water
Resources Engineer.
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Page 7 of 8
A buffer and/or BMP agreement describing the precise location and extent of the buffer strip or
BMP, as well as the restrictions and maintenance for activities within the buffer strip and/or
BMP, shall be signed by the property owner and the city and shall be recorded against the
property at the county recorder's office. The property owner shall be responsible for all costs
and fees associated with the buffer strip dedication.
The installation of any improvements on the site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources and
the Minnehaha Creek Watershed District, and all applicable permits shall be obtained prior to
any site improvements.
The proposed reconstruction of the house on the property is a reasonable use of the property
and improves on some of the existing non-conformities. Most of the new house is within the
existing building footprint. The third-floor addition with the exception of the stairway access
will comply with the side yard setback requirements. The proposed house is aligned with the
side property lines rather than being at a slight angle.
RECOMMENDATION
Staff recommends that the Planning Commission as the Board of Adjustments and Appeals
approve the variance for side yard setbacks (Eight feet east, 7.9 feet west, and 4.9 feet for the
walkway canopy, lot cover of 27.3 percent to allow the construction of a single-family home
subject to the conditions of approval, and adopt the attached Findings of Fact and Decision.
1. The proposed building setbacks shall comply with the plan prepared by Everson
Architects dated 06/16/2023.
2. A building permit must be obtained prior to demolishing any structures on the site and
before beginning any construction on the site.
3. Building plans must provide sufficient information to verify that the proposed building
meets all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review.
4. A building permit must be obtained before beginning any construct ion.
5. 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.
6. If any soil corrections are done on the property, a final grading plan and soil report must
be submitted to the Inspections Division before permits will be issued.
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Page 8 of 8
7. A permanent 10-foot native vegetated buffer adjacent to the lake with permanent
buffer signs must be installed along the shoreline using species native to the ecotype.
Buffer strip averaging may be used to achieve the total buffer area required. Alternative
designs including the use of Best Management Practices (BMPs) such as rain gardens
would also be considered for approval. The buffer or BMP design may be configured
around the path and stairs. Design plans must be appro ved by the Water Resources
Engineer.
8. A buffer and/or BMP agreement describing the precise location and extent of the buffer
strip or BMP, as well as the restrictions and maintenance for activities within the buffer
strip and/or BMP, shall be signed by the property owner and the city and shall be
recorded against the property at the county recorder's office. The property owner shall
be responsible for all costs and fees associated with the buffer strip dedication.
9. The installation of any improvements on the site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural
Resources and the Minnehaha Creek Watershed District, and all applicable permits shall
be obtained prior to any site improvements.
ATTACHMENTS
1. Findings of Fact and Decision
2. Variance Document
3. Development Review Application.
4. Narrative.
5. Plans
6. Affidavit of Mailing.
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1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Everson Architect LLC on behalf of Holly Brink and Lyman Brink Jr. for side yard
setbacks of eight feet on the east and 7.9 feet on the west, and 7.9 feet for the 3
rd story stairway
addition, a variance for a roof over the walkway to permit a 4.9 feet setback, lot cover of 27.3
percent which is a slight reduction in the existing nonconforming lot coverage from 28.4 percent to
27.3 percent to allow the construction of a single-family home on a property zoned Single Family
Residential District (RSF) – Planning Case 2023-15.
On July 18th, 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:
Lot 26, Red Cedar Point Lake Minnewashta, Carver County, Minnesota.
3. Variance Findings – Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes and
intent of this Chapter and when the variances are consistent with the Comprehensive Plan.
Finding:Granting the requested the variance for side yard setbacks (eight feet east, 7.9 feet
west, and 4.9 feet for the walkway canopy, lot cover of 27.3 percent to allow the construction
of a single-family home on a property guided for this use by the Comprehensive Plan. The
proposed front yard setback will still allow for an adequate front yard and a driveway capable
of providing off-street parking.
b.When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties" as used in connection with the granting of a variance, means that the property
owner proposes to use the property in a reasonable manner not permitted by this Chapter.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
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2
Finding:The proposed home’s depth is not excessive, reduces some of the exiting
nonconformities on the site, and is a reasonable use of the property. It would not be possible
to construct typical home on this site without a setback or hardcover variance.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
Finding:The plight of the landowner is due to the fact that the property is less than 44
percent of the minimum lot area required of new lots. With 40 feet of lot width, there is an
unusually narrow buildable area. This situation was not created by the landowner as the lot
was created prior to the adoption of the city’s zoning code.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: This is one of the city’s oldest neighborhoods and it has seen a substantial amount of
turnover in housing stock leading to a blend of architectural styles. Nearly half of the properties
within 500 feet have received front yard setback variances and numerous other properties in the
area have non-conforming front yard setbacks. Given the commonness of reduced side yard
setbacks in the neighborhood, staff does not believe that the request variance would represent a
departure from the neighborhood’s current norms nor would it be expected to negatively impact
the surrounding properties.
f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes
Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
4.The planning report #2023-15, dated July 18, 2023, prepared by Robert Generous et al, is
incorporated herein.
DECISION
The Planning Commission approves the requested for side yard setbacks (eight feet east, 7.9 feet
west, and 4.9 feet for the walkway canopy, lot cover of 27.3 percent for the construction of a home),
subject to the following conditions:
1. The proposed building setbacks shall comply with the plan prepared by Everson Architects
dated 06/16/2023.
2. A building permit must be obtained prior to demolishing any structures on the site and before
beginning any construction on the site.
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3
3. Building plans must provide sufficient information to verify that the proposed building meets
all requirements of the Minnesota State Building Code, additional comments or requirements
may be required after plan review
4. A building permit must be obtained before beginning any construction.
5. 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.
6. Any portion of the retaining wall on private property is to be owned and maintained by the
property owner.
7. If any soil corrections are done on the property a final grading plan and soil report must be
submitted to the Inspections Division before permits will be issued.
8. A permanent 10-foot native vegetated buffer adjacent to the lake with permanent buffer signs
must be installed along the shoreline using species native to the ecotype. Buffer strip
averaging may be used to achieve the total buffer area required. Alternative designs including
the use of Best Management Practices (BMPs) such as rain gardens would also be considered
for approval. The buffer or BMP design may be configured around the path and stairs.
Design plans must be approved by the Water Resources Engineer.
9. A buffer and/or BMP agreement describing the precise location and extent of the buffer strip
or BMP, as well as the restrictions and maintenance for activities within the buffer strip
and/or BMP, shall be signed by the property owner and the city and shall be recorded against
the property at the county recorder's office. The property owner shall be responsible for all
costs and fees associated with the buffer strip dedication.
10. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources
and the Minnehaha Creek Watershed District, and all applicable permits shall be obtained
prior to any site improvements.
ADOPTED by the Chanhassen Planning Commission this 18th day of July, 2023.
CITY OF CHANHASSEN
BY:
Its:
g:\plan\2023 planning cases\23-15 3732 hickory rd\findings of facts 3732 hickory rd.docx
35
1
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE AND DECISION
VARIANCE 2023-15
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 variance for
side yard setbacks eight feet east, 7.9 feet west, and 4.9 feet for the walkway canopy, lot
cover of 27.3 percent to allow the construction of a single-family home, subject to the
conditions of approval.
2.Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 26, Red Cedar Point Lake Minnewashta, Carver
County, Minnesota. Property address 3732 Hickory Road. PID 256600161.
3.Conditions.The variance approval is subject to the following conditions:
1. The proposed building setbacks shall comply with the plan prepared by Everson
Architects dated 06/16/2023.
2. A building permit must be obtained prior to demolishing any structures on the site and
before beginning any construction on the site.
3. Building plans must provide sufficient information to verify that the proposed building
meets all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review
4. A building permit must be obtained before beginning any construction.
5. 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.
6. Any portion of the retaining wall on private property is to be owned and maintained by
the property owner.
7. If any soil corrections are done on the property a final grading plan and soil report must
be submitted to the Inspections Division before permits will be issued.
8. A permanent 10-foot native vegetated buffer adjacent to the lake with permanent buffer
signs must be installed along the shoreline using species native to the ecotype. Buffer
strip averaging may be used to achieve the total buffer area required. Alternative designs
including the use of Best Management Practices (BMPs) such as rain gardens would also
36
2
be considered for approval. The buffer or BMP design may be configured around the path
and stairs. Design plans must be approved by the Water Resources Engineer.
9. A buffer and/or BMP agreement describing the precise location and extent of the buffer
strip or BMP, as well as the restrictions and maintenance for activities within the buffer
strip and/or BMP, shall be signed by the property owner and the city and shall be
recorded against the property at the county recorder's office. The property owner shall be
responsible for all costs and fees associated with the buffer strip dedication.
10. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural
Resources and the Minnehaha Creek Watershed District, and all applicable permits shall
be obtained prior to any site improvements.
4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not
been substantially completed, this variance shall lapse.
Approved by Planning Commission: July 18, 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
37
-15
Section 1: Application Type (check allthat a )
Submittal Date:PC Date:
(Refer to the appropiate Application Checklistfor rcquired
I Comprehensive Plan Amendment................ .. .... $600
E Conditional Use Permit (CUP)
D Single-Family Residence........... .. $325
[ rut others........ . . ....... $500
E lnterim Use Permit (lUP)
n tn conjunction with Single-Family Residence.. $325
E rutothers........ ... .....$500
U lt,,t lsl +lwltz CC Date:60-Day Review Date:zlslt<
submiftal information that must arcompany this application)
E Suooivision (SUB)
trtr
nnntr
Create 3 lots or less
Create over 3 lots...
$250 [
.......$500
Administrative............... ..... .......... $100
Commercial/lndustrial Districts* ... $500
$1000 + $15 per
$300
$200
$150
$27s
$200
$500
$200
$3 per address(sz addresses)
$ Per document
Site Plan Agreement - $85
Vacation - $85
Deeds - $100
TOTALPEg;561
(_ lots)
Metes & Bounds (2lots) .... . ........$300
Consolidate Lots............ .. .... . . ...$150
Administrative Subd. (Line Adjustment) .......... $1 50
Final Plat + $15 per lot............... $700.*(lncludes $450 escrow for attorney costs)
-Additional escrow may be required for other applications
through the development contract.E Rezoning (REZ)
I Planned Unit Development (PUD).
n MinorAmendment to existing PUD
fl Allothers........
[1 Sign Plan Review
n Site Plan Review (SPR)
E Vacation of Easements/Right-of-way (VAC)...
(Additional recording fees may apply)
E] Variance (VAR)
n Wettand Alteration Permit (WAP)
trtr
Single-Family Residence.
AllOthers...
$750
$100
$500
$150
Plus$l0perl,000squarefeetofbuildingarea: [] nppearofAdministrativeDecision...................(_ thousand square feet)
*lnclude number of 945(i4g employees:
-I Residential Districts ... $500
Plus $5 per dwelling unit (- units)
NO[f: When mulfrpte apptications are processed concurrenily, the appropriate f* shall be charged for each applicalion.
E ruotification Sign (city to install and remove)
E Property Owners' List within 500' lcity to generate after pre-application meeting)
n Escrow for Recording Documents (check allthat apply).........
I Conditional Use Permit - $50 Ll lnterim Use Permit $50
I Wetland Alteration Permit - $50 n Easements (- easements) $85
B Variance - $50 flMetes & Bounds Sub (2 deeds)
COTTiMUNITY DEVELOPMENT DEPARTMENT
Planning Division -7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227 -11 00 / Fax: (952) 227 -1110 *crTIoICnrttrusxil
APPLICATION FOR DEVELOPMENT REVIEW
Section 2: Required lnformation
Description of Proposal
Property Address or Location:3732 Hickory Road, Chanhassen, MN 55331
Parcel s. 256600161
2
Legal Description:Lot 26, Block 1, Red Cedar Point, Lake Minnetonka, Carver County, Minnesota
TotalAcreage:
Present Zoning
Wetlands Present?n Yes E tto
Requested Zoning:RSF RSF
Present Land Use Designation Residential Low Density Requested Land Use Designation:Residential Low Density
Existing Use of Property:Single-family home
ntr
E Check box if separate narrative is attached.
38
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERW OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to ob.iect at the hearings on the application or during the appeal period. lf this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep 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 mnsulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certiry that the information and exhibits submitted are true and conect.
Name Everson Architect LLC 6o,1gs"1. Tommy Everson
Address: 5301 Glenbrae Circle Phone:
Edina, MN 55436 6s1. 952-210-9845
gr";g. tommy@everarch.com
Date: 2023.06.15 09:25:03 {5'00'
Fax:
Date o6t1612023
PROPERTY OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to obiect at the hearings or during the appeal periods. lwill keep myself informed of
the deadlines ficr 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 cediry that the information and exhibits submitted are true and correct.
Contact:
Phone:Address
City/State/Zip
Email:
Cell:
Fax:
Cell:
Fax:
Signature
PROJECT ENGINEER (if applicable)
Name Contact:
Phone:Address
City/State/Zip:
Email:
This application must be completed in full and be typewritten or clearly printed 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 requirements.
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.
Section 4: Notification lnformation
Who should receive copies of staff reports?
E Property Owner Email-
*Other Contact lnfomation:
p"r.. Tommy Everson
El ApplicantE Engineern otner
Email tommy@eveErch.com AddreSS: s3ol Glenb€e circl€
Email
Email
City/State/Zip Edina MN 55436
Email lommy@eve€rch.com
INSTRUCTIONS TO AP PLICANT : 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 fior processing.
City/State/Zip:
Signature:
Name:
noro _
39
ea EVERSON
ARCHITECT
Variance Application
Address:3732 Hickory Road, Chanhassen, MN 55331
Date: 06-16-23
Written Description of the Variance Request
The applicant is requesting several variances for the property in conjunction with the
construction of a new single-family house.
Variance l is to allow the footprint of the proposed house to encroach into the east and west
side setbacks, which would be a continuation of an existing non-conformity. The existing
house encroaches into the east side setback by 3.0 ft, and the west side setback by 2.2|t.
The proposed house footprint would slightly reduce (1 2 sq ft) the extents of the non-
conforming existing house footprint on its south end, and meet current setback standards
on its north end where it extends beyond the existing footprint. This variance applies only to
the first two stories of the proposed house, as the existing house is a two-story structure.
The third story of the proposed house is set back on the east and west sides in order to
meet current code standards, except for at the staircase on the west side (see Variance 3).
Variance 2 is to exceed the maximum allowable impervious coverage for the lot, which
would be a continuation of an existing non-conformity. The existing impervious surfaces
total 2,505 sq ft (28.4%). The proposed impervious surfaces would total 2,408 sq{t (27.3"/.),
which would be a 103 sq ft reduction from the existing, but would still be over the maximum
allowable oI 2,203 sq ft (25%).
Variance 3 is to allowfor part ofthe third level ofthe proposed house (79 sq ft) to encroach
2.1 ft into the west side setback in orderto provide space for a staircase. The staircase
stacks on all three tevels of the house, but the first two levels of it would fall within the
existing house footprint, and thus would be a continuation of the existing non-conformity
referenced in Variance 1.
Variance 4 is to allow for a roof canopy over the main (west side) entry of the proposed
house to encroach 5.1 ft into the west side setback (2.5 ft is allowable per code), which
would be a continuation of an existing non-conformity. The existing house has a roof canopy
over its main (east side) entry that is similar in Projection depth to the proposed one, albeit
on the opposite side of the house.
Variance 5 is to allow for the location of the non-conforming portion of the proposed house
to shift 9 ft to the south and rotate 1.3 degrees relative to the existing house's location. This
would move the proposed house away from the lake and place its street-facing facade more
in-line with the neighboring houses on either side. The north fagade of the proposed house
would actually be further from the lake than the existing deck. lt would also align the
footprint of the proposed house with the east property line, helping distribute the non-
conforming side setback encroachments more evenly and reducing the largest
encroachment from 3 ft down to 2.1 ft.
40
Written Justification of How Request Complies with the Findings for Granting a
Variance (Pursuant to Section 20-58) as Follows
(a) Variances should only be permitted when they are in harmony with the general
purposes and intent of this Chapter and when variances are consistent with the
comprehensive plan.
The variances requested would allow for the construction of a modestly-sized new
single-family house on the property. The zoning district (RSF) and land use
designations (Residential Low Density) for the property would not be affected by
them. They would thus be in harmony with the purposes and intent of this Chapter
and consistent with the comprehensive plan.
(b) When there are practical difficulties in complying with the zoning ordinance.
"Practical difticulties," 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.
There are several unique conditions inherent to the property that create practical
difficulties. The propefty's width, size, proximity to a large body of water, and lack of
on-street parking are all significant hindrances.
The width of the property is well below current code standards for new construction
in the zoning district. At its front setback the lot frontage is only 40 ft wide. According
to current standards for the RSF district, the minimum lot frontage for new home
construction is 90 ft at the front setback. This creates a substantial difficulty, given
that side setback requirements are 10 ft, leaving only 20 ft of width remaining for
buildable area. That is extremely tight for single-family home construction given the
demands of today's households. The additional width that would be afforded by
Variance 1 and Variance 3 respectively would make the house's layout much more
functional and comfortable. They would create much needed space for a staircase,
make the garage usable for two standard-size vehicles, and benefit pretty much every
room in the house. Significant compromises would need to be made without them,
that may make the site unfeasible for a single-family home. Variance 4 would address
the need for protection from the elements at the main entry to the house. This is also
a result of the narrow width of the property, since the main entry has to be located on
the side of the house rather than the front due to the garage configuration. There is
no other viable location for a garage on the site.
ln addition to being very narrow, the property is also relatively small. According to
current standards for the RSF district, the minimum lot area for new homes is 15,000
sq ft. Given the narrow width of this lot, the area ends up being only 8,81 2 sq ft. That
does not allow for much hardcover, which significantly reduces the potential footprint
{or a house. A large portion ofthat hardcover has to be allocated to the driveway and
entry walkway, further limiting the footprint of the house. Variance 2 would alleviate
these issues by providing requisite space for the house as well as parking and
41
circulation. Variance 5 would help reduce and reallocate hardcover to make the
driveway more functional.
The property's proximity to a large body of water, Lake Minnewashta, presents some
practical challenges for construction. Being a lakeshore lot, the water table tends to
be much higher than normal, so it is not advisable to build below grade due to an
increased probability of water infiltration. That rules out the possibility of a basement.
Combine that with the narrow width and limited available hardcover on the lot, and
building up becomes the only viable way to increase square footage. Even with three
stories, the proposed house only has about 3,000 finished sq ft. lt should also be
noted that the maximum allowable height for a structure in the RSF district is 35 ft,
but the proposed house is only 32 ft tall. Variance 1 and Variance 3 help make a
three-story layout possible, since they provide the necessary width for a staircase
without compromising the interior layout of the house.
There is no designated on-street parking near the property. The width ofthe adjacent
public street is only 1 7 ft, which barely allows for two-way traffic, let alone space for
parking. Due to the narrow width of the property, only a two-stall wide garage is
possible. lf the landowners ever have more than two vehicles, then the additional
ones would have to be parked in the driveway or stored off-site. Guests/visitors
would also have to park in the driveway. This means the driveway has to be at least
the width of the garage door throughout, so that cars can get by each other, and to
be able to maximize potential parking spaces. However, given the dearth of
allowable hardcover on the lot, the driveway ends up taking a disproportionately
large amount of hardcover relative to the house. The main entry being located on the
side of the house also contributes to this disparity, given the length of walkway
required to get there. Without the additional hardcover afforded by Variance 2 and
driveway configuration afforded by Variance 5, off-street parking would be very
limited on-site.
(c) That the purpose of the variation is not based upon economic considerations
alone.
None of the variance requests are based upon economic considerations whatsoever.
To the contrary, all of the variances would most likely increase the building costs if
granted.
The landowner purchased the property in 2019, and had no involvement with its
creation or subsequent development. The existing non-conforming single-family
home on the property was constructed in 1985 by previous landowners.
(e) The variance, if granted, will not alter the essential character of the locality.
lf the variances are granted, the property will continue to function as a single-family
residence, like it has since 1985. The new house on the property will be an aesthetic
improvement over the existing one, and a visual asset to both the surrounding
(d) The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
42
neighborhood as well as the recreational lake that it abuts. Also, the demand for on-
street parking will not be increased, with the proposed configuration for the new
driveway.
(f) Variances shall be granted for earth sheltered construction as defined in
Minnesota Statues Section 216C.06, subdivision 14, when in harmony with this
Chapter.
N/A.
43
44
45
46
47
48
49
50
51
52
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
coLrNTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
July 6, 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 a request for a side yard
setback, lot cover, and other variances to allow the construction of a single-family home
located at3732 Hickory Road and zoned Single Family Residential. Property Owner: Holly
Brink & Lyman Brink Jr. Applicant: Everson Architect LLC 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 City
Subscribed and sworn to before me
this lt davof 3^b^_,2023
JENNIFER ANN POTTER
Notary Public-Minnesota
f
Public My Commlo.lon ExPlm Jqn 31, 2027
53
Date & Time:
Tuesday, July 18, 2023, at
start until later in the evenir
:6:00 p.m. This hearing may not
ng, depending on the order of the
Location City Hall Council Chambers, 7700 Market Btvd
Proposa!:
Consid er a request for a side yard setback, lot cover, and
other variances to allow the construction of a single-family
home located a|3732 Hickory Road and zoned Single Family
Residential
Applicant:Everson Architect LLC
Owner:Holly Brink & Lyman Brink Jr
Property
Location:
3732 Hickory Road
A location is on the reverse side of this notice.
What Happens at
the Meeting:
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans for the project.
3. Comments are received from the public.4. Public hearing is closed and the Planning Commission
discusses the
Questions &
Comments:
T'o view project documents before the meeting, please visit
the city's proposed development webpage at:
www.chanhassenm n.qov/proposeddevelopments. lf you
wish to talk to someone about this project, please contact
Bob Generous by email at bqenerous@chanhassenmn.oov
or by phone a|952-227-1131. 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
onl ne on the city S Agendas &Minutes web page the
Th to the Pla nn Com mrsston
Sign up to receive email updates about this or other projects. Go to
https : //www. ch a n h a s se n m n. q ov/i-wa ntto/s u bscri be
City Reviow Procodure:
' Subdivisions, Plannsd Unit Dsvelopments, Site Plan Reviews, Conditional and lnterim Uses, Wefland Allerations, Rezonings,Comprehensive Plan Amendments, Varian@s, Appeals, and Code Amendments roquire a public hearing before ihe planning
Commission. city ordinanes require all property within 5oo feet of the suulect site ti ue n&fied or tne aipptietion in writing. Anyinterested party is invited to attend the meating.
' Staff prepares a reporl on the subject application that includes all pertinent information and a recommendation. Th6se reports areavailable by requsst. At the Planning commission meeting, staff will give a varbal overuiew of the roport and a recommendation.Th€.item will be oponed for the public to speak about the prcposal as; part of the hearing proess. itre commission will close th€public hearing and discuss the item and maka a re@mmendation to the City Council. Th; bity Council may reverse, affim ormodify wholly or partly the Planning commission's r6commendation. Rezo;ings, land use and mde amend'ments taie a simplemajority vote of the City Council except rozonings and land use amendments from residsntial to commercial/industrial.
' Minnesota Stata Statute 519.99 rsquires 8ll appli€tions to be pro@ssed within 60 days unless the appli€nt waives this standard.Soma applietions due to their complexity may taks several months to @mplete. Any person wishing io follow an item through theprocass should check with tho Planning Department regarding its status and scheduling for the City douncil meting.
' A naighborhood spokesperson/rspressntalive is enrcurag€d to provide a conlac{ for the city. Often developers are encouraged tomest with the neighborh@d regarding their prcposal. Staff is also available to raview the pro.iect with any interested person(-s).
' Be€use the Planning Commission.holds the public hearing, tho City Council does not. Minuies are takan and any@responden@ regardhg the appli€tioNill be included in the report to the City Council. lf you wish to have something to beincluded in th€ report, pleass contact the planning Staff person nam€d on the notifi@tion.
Notice of Public Hearing
Chanhassen Planni Commission Meetin
Notice of Public Hearing
Chanhassen Planni Commission
Tuesday, July 18,2023, at 6:00 p.m. This hearing may not start
until later in the eveni on the order of the
HallCouncilCham 7700 Market Blvd
Consider a request for a side yard setback, lot cover, and other
variances to allow the construction of a single-family home
located at3732 Hickory Road and zoned Single Family
Residential
Everson Architect LLC
Holly Brink & Lyman Brink Jr
3732 Hickory Road
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:
5. Staff will give an overview of the proposed project.
6. The applicant will present plans for the project.
7. Comments are received from the public.1. Public hearing is closed and the Planning Commission
discusses the prolect.
To view project documents before the meeting, please visit the
city's proposed development webpage at:
www.chanhassenmn.qov/oroposeddevelopments. lf you wish
to talk to someone about this project, please contact Bob
Generous by emailat bqenerous@chanhassenmn.oov or by
phone aL952-227-1131. lf you choose to submit written
comments, please send one copy to staff in advance of the
meeting. Staff will provide copies to the Planning Commission.
The staff report for this item will be available online on the city's
Agendas & Minutes webpage the Thursday prior to the Planning
Commission
Sign up to receive email updates about this or other projects. Go to
h ttps : //wrryw. c h a n h a s s e n m n. q ov/i -wa n t-to/s u bs c ri be
City Reviow Procsdure:. Subdivisions, Planned Unit Developmonts, Site Plan Revisws, Conditional and lnterim Uses, Wefland Alterations, Razonings,
Comprehensive Plan Amendments, Varian@s, Appeals, and Code Amendments require a public hoaring before the planning
Commission. City ordinanes require all property within 5Oo feet of the subject site to be notifaed of the +pli€lion in writing. Any
interested party is invit€d to attend the me6ting.. Staff prepares a report 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 overview of the report and a re@mmendation. The
item will be opened for the public to speak about the proposal as a part of the h€aring pro€ss. The Commission will close the public
hearing and discuss the item and make a remmmendation to the City Council. The City Council may reverse, affirm or modify wholly orpartly tha Planning Commission's roommendation. Rozonings, land use and @de amendments takl a simple majority vote 6t ttre Citycouncil except rezonings and land use amendments from residontial to commercial/industrial.. Minnesota State Statute 519.99 requires all appli€tions to be pro€ssed within 60 days unless the appli€nt waives this standard.
Some applications due to their omplexily may take saveral months to complete. Any person wishing io follw an item through th€process should check with the Planning Department regarding its status and scheduling for the City Council meting.. A neighborhood spokesperson/ropresentative is encouraged to provide a contact for th6 city. Often developers are en@uragad to meet
with the neighborhood regarding their proposal. Staff is also available to reviaw the prolect with any intorested person(s).. Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any orespondene
ragarding the appliGtion will be included in the report to the City Council. lf you wish to have something to be inciudad in the report,please contact the Planning Staff person named on the notifi€tion.
Date & Time:
Location
Proposa!:
Applicant:
Owner:
Property
Location:
What Happens at
the Meeting:
Questions &
Gomments:
54
MARIA E WHITE 3720 RED CEDAR POINT RD EXCELSIOR, MN 55331-
MARIANNE IANDING TRUST 3715 S CEDAR DR EXCELSIOR, MN 55331-
MARY JO ANDING BANGASSER REVOCABLE TRUST
MICHAEL AND CYNTHIA WENNER
3633 S CEDAR DR EXCELSIOR, MN 55331-
31s43 CO RD 276 GRAND RAPIDS, MN 55744-
MICHAEL L CORRIGAN 3711 SOUTH CEDAR DR EXCELSTOR, MN 55331-9688
MICHELLE L DONOVAN
NATHAN THOMAS NOLAND
14301 MARTIN DR APT 421 EDEN PRAIRIE, MN 55344-3016
3739 HICKORY RD EXCELSIOR, MN 55331-
PAMELA J REIMER
PETER J & KARRT J PLUCINAK
3617 RED CEDAR POINT RD EXCELSIOR, MN 55331-
3631 SOUTH CEDAR DR EXCELSTOR, MN 55331-9686
PETER SANDERS
RICHARD B & MARIANNE F ANDING
2989 CANYON RD CHASKA, MN 55318-
3715 SOUTH CEDAR DR EXCELSTOR, MN 55331-9688
ROGER L & DOROTHY P DOWNING 72OO JUNIPER
3622 RED CEDAR POINT RD
EXCELSTOR, MN 55331.-
STEVEN KEUSEMAN AND MARSHA KEUSEMAN REVO
TABB&KAYMERICKSON
THE TRUST AGREEMENT OF SCOT A LACEK
THOMAS P O'BRIEN
TIMOTHY HENRY
TIMOTHY J NELSON
EXCELSIOR, MN 55331-
3720 SOUTH CEDAR DR EXCELSTOR, MN 55331-9687
3630 HICKORY LN EXCELSIOR, MN 55331-
449 SUMMERFIELD DR CHANHASSEN, MN 55317-
ONE ROEBLING WAY STE 801 COVINGTON, KY 41011-
3012 BAY DR BRADENTON , FL34207-
55
Subject
Parcel
Hiclory Road
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 mmpilation of records, information and data located in various city,
county, state and federal offices and other sources regarding the area shown, and is to
be used for reference purposes only. The City does not warrant that the Geographic
lnformation System (GlS) Data used to prepare this map are error free, and the City does
not represent that the GIS Data can be used for navigational, tracking or any other
purpose requiring exacting measurement of distance or direction or precision in the
depiction of geographic features. The preceding disclaimer is provided pursuant to
Minnesota 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
agrees to defend, indemnify, and hold harmless the city from any and all claims brought
bt User, its employees or agents, or third parties which arise out of the users access or
use of data Provided.
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Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used
as one. This map is a compilation of records, information and data located in various city,
county, state and federal offices and other sources regarding the area shown, and is to
be used for reference purposes only. The City does not warrant that the Geographic
lnformation system (Gls) Data used to prepare this map are error free, and the city does
not represent that the Gls Data can be used for navigational, tracking or any other
purpose requiring exacting measurement of distance or dlrection or precision in the
depiction of geographic features. The preceding disclaimer is provided pursuant to
Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and all claims brought
bt User, its employees or agents, or third parties which arise out of the useis access or
use of data provided.
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Hklory Road
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