The URL can be used to link to this page

CAS-01_DEGLER VARIANCE - 9111 AUDUBON ROAD0 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. r • Document # OFFICE OF THE A 548599 COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee $46 00 Receipt# Certified Recorded on 1/19/2012 at 03:06 ❑ A PM 548599 111111111I1IIII Cou RO rder CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NIINNESOTA VARIANCE 2012-01 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2012-01 for a 13,191 square -foot multiple accessory structure area variance on property zoned Agricultural Estate District. The granting of this variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described on the attached Exhibit A. 3. Condition. The variance approval is subject to the following conditions: a. The applicant shall call Gopher State One Call (651) 454-0002 to complete a locate request prior to construction. b. The shed must meet all setback requirements. c. A Zoning Permit is required. d. The accessory structure may not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. e. The accessory structure may not be used as a separate dwelling unit. 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. Dated: January 3, 2012 SCANNED (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: ( 4 OThomas A. Furlong, Ma o AND: �7 Tod-d-Z—erTi9rdt, City Manager The foregoing instrument was acknowledged before me this Leday ofal`1U Y 2012 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chat assen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-I100 f, NOTA Y PUBLIC KIM T. MEUWISSEN Notary Public -Minnesota My Commission Evvvv Jan 31, 4015 EXHIBIT "A" DEGLER PARCEL — 9111 AUDUBON ROAD PIN No. 25.0220800 PARCEL A: The Northwest Quarter of the Southeast Quarter (NW 1/4 of SEl/4) of Section 22, Township 116, Range 23, Carver County, Minnesota. PARCEL B: Beginning at a post in South line of Northwest Quarter of Southeast Quarter (NW 1/4 of SE 1/4), Section 22, Township 116, Range 23, One (1) chain West from the Southeast (SE 1/4) corner of said Northwest Quarter of Southeast Quarter (NW 1/4 of SE 1/4); thence South 38 1/2 degrees West 2.38 chains; thence South 73 degrees West 4.35 chains; thence South 36 1/2 degrees West 1.90 chains; thence South 17 1/2 degrees West 3.70 chains; thence North 82 degrees West 1.50 chains to a point in North and South middle line of Southwest Quarter of Southeast Quarter (SW 1/4 of SE 1/4); thence North along said middle line 8.00 chains to a post in South line of Northwest Quarter of Southeast Quarter (NW 1/4 of SE 1/4); thence East 10.00; chains to place of beginning, situated in East Half (E 1/2) of Southwest Quarter of Southeast Quarter (SW 1/4 of SE 1/4), Section 22, Township 116, Range 23. PARCEL C: Commencing at a post on center line of Section 22, Township 116, Range 23, which post bears South 4.28 chains from center post of said Section 22; thence South 15.32 chains to Quarter Quarter post; thence North 44 1/2 degrees West 27.90. chains; thence East 15.32 chains; thence South 4.28 chains; thence East 4.28 chains to place of beginning, situated in Lot 2, Section 22, Township 116, Range 23. PARCEL D: Beginning at the Quarter Section post on South line of Section 22, Township 116, Range 23, running thence North along center line of said Section 20.00 chains to middle line of Southeast Quarter (SE 1/4) of said Section; thence East along said middle line 10.00 chains; thence South parallel with first mentioned line 15.75 chains to a point in the center of a creek; thence Southerly along center of said creek to South line of said Section; thence west 7.00 chains to place of beginning, situated in West half of Southwest Quarter of Southeast Quarter (W 1/2 of SW 1/4 of SE 1/4) of Section 22, Township 116, Range 23. EXCEPTING THEREFROM that part of the above described property lying within Chaska City Limits with Parcel ID No. 30.0220100 described as follows: That part of the Northeast Quarter of the Southwest Quarter lying westerly of County Road 17 and lying northeasterly of Lakeview Industrial Park and South of the Chaska/Chanhassen boundary line, except the North 282.48 feet of the East 282.48 feet of the Northeast Quarter of the Southwest Quarter. CITY OF CHANHMSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OPTRANSMITTAL DATE JOB NO. 1/12/12 2012-01 ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 1/3/12 12-01 Variance 2012-01 for Accessory Structure 9111 Audubon Road THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Foryouruse ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: Gayle Degler ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints M For Recording ❑ PRINTS RETURNED AFTER LOAN TO US SIGN ,(952)227-1107 SCANNED If enclosures are not as noted, kindly notify us at once. E CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2012-01 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2012-01 for a 13,191 square -foot multiple accessory structure area variance on property zoned Agricultural Estate District. The granting of this variance is final. 2. Proverty. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: P/O GOVT LOT 2 & P/O WI/2 SEl/4 DESC AS: COMM AT NE CORN NWl/4 SEl/4 22- 116- 23 TH S 1329 TH W 66 TH S38*W 157.08' TH S73*W 287.1' TH S36*W 125.4' TH S17*W 244.2 FR TH N82*W 99' TH N 528' TO N LINE SWI/4 SETA TH S 1029.5' TH SW TO A PT BEARING E 462' F 3. Condition. The variance approval is subject to the following conditions: a. The applicant shall call Gopher State One Call (651) 454-0002 to complete a locate request prior to construction. b. The shed must meet all setback requirements. c. A Zoning Permit is required. d. The accessory structure may not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. e. The accessory structure may not be used as a separate dwelling unit. 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. Dated: January 3, 2012 11 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: ( 474t" _ DThhomas A. Furlong, Ma o AND: �7"� A JJ Todd er ardt, City Manager The foregoing instrument was acknowledged before me this eday of Janu.Q Y 2012 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chwillassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 NOT Y PUBLIC KIM T. MEUWISSEN Notary Public -Minnesota My Canmission Expires Jan 31, 2015 January 9, 2011 Lois Degler 9111 Audubon Road an OF Chanhassen, MN 55317 b1111tiD11dSEN Gayle Degler 541 Pineview Court 7700 Market Boulevard Chanhassen, MN 55317 PO Box 147 Chanhassen, MN 55317 Re: Variance Request — 9111 Audubon Road Planning Case #2012-01 Administration Phone:952.227.1100 Dear Mrs. Degler/ Mr. Degler: Fax: 952,227.1110 Building Inspections This letter is to formally notify you that on January 39019, The Chanhassen Phone:952.227.1180 Planning Commission, as the Board of Appeals and Adjustments, approved Planning Fax:952.2271190 Case #2012-01 for a 13,191 square -foot multiple accessory structure area variance on Engineering property zoned Agricultural Estate District. Phone:952.227.1160 The variance is subject to the following conditions: Fax: 952.227.1170 Finance 1. The applicant shall call Gopher State One Call (651) 454-0002 to complete a locate Phone: 952.227.1140 request prior to construction. Fax: 952.227.1110 2. The shed must meet all setback requirements. Park 8 Recreation Phone:952.2271120 3. A Zoning Permit is required. Fax: 952.227.1110 Recreation Center 4. The accessory structure may not be used for a home occupation as outlined in the 2310 Coulter Boulevard Chanhassen City Code and may only be used for agricultural purposes as defined Phone:952.227.1400 by Minnesota State Statute. Fax:952.227.1404 5. The accessory structure may not be used as a separate dwelling unit. Planning & Natural Resources The variance is valid for one year from the approval date. A buildingtzoning permit PFax:952.2227110 Fax: 952.227.1110 must be applied for prior to January 3, 2013 through the City's Building/Planning Department, respectively. Public Works 7901 Park Place If you have any questions, please contact me at 952-227-1132 or by email at Phone:952.227.1300 akairie ci.chanhassen.mn.us. Fax:952.227.1310 SinCLi Senior Center Ptane:952.2271125 Fax: 952.227.1110 Angie Kairies Web Site Planner I www.ci.chanhassen.mn.us cc: Jerry Mohn, Building Official cc: Building Permit File — 9111 Audubon Rd GAPLAN\2012 Planning Cns \2012-01 Degler Variance\Lena ofApproval.doc SCANNED Chanhassen Is a Community for Life - Providing forToday and Planning for Tomorrow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IIM]9; Application of Gayle and Lois Degler for a 13,191 square -foot variance from the 1,000 square - foot accessory structure area limitation to construct a 2,592 square -foot accessory structure on property zoned Agricultural Estate District (A-2) — Planning Case #2012-01. On January 3, 2012, 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 Agricultural Estate District (A-2). 2. The property is guided in the Chanhassen Comprehensive Plan for Office Industrial. 3. The legal description of the property is as follows: P/O GOVT LOT 2 & P/O W1/2 SE1/4 DESC AS: COMM AT NE CORN NWl/4 SEIA 22-116- 23 TH S 1320' TH W 66' TH S38* W 157.08' TH S73* W 287.1' TH S36* W 125.4' THS17* W 244.2 FR TH N82* W 99' TH N 528' TO N LINE SW 1/4 SEl/4 TH S 1029.5' TH SWTO A PT BEARING E 462' F 4. 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 subject site is zoned Agricultural Estate District (A-2). The purpose of the request to exceed the 1,000 square -foot accessory structure limitation is to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. Agricultural uses were addressed in the discussion of the amendment in 2007, in that it would be a reasonable request based on a legitimate agricultural use and will be keeping in harmony with the general purpose and intent of the A-2 district- 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 SCANNED Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The practical difficulties of the variance to exceed the 1,000 square -foot limitation are directly related to the agricultural use of the property. City Code requires all equipment to be stored within an enclosed structure. Limiting the size of accessory structures on agricultural land does not provide adequate storage for the farming equipment and machinery. The 64.3 acres are currently farmed; the proposed structure will provide storage of farm -related equipment and machinery. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is unique due to the fact that it is an agriculturally zoned property within the City. City ordinance permits agricultural uses, such as farming on property zoned Agricultural Estate. It is essential for an agricultural use to store farm -related equipment and machinery on site. City Code requires all equipment to be stored within an enclosed structure. Limiting accessory structures to 1,000 square feet does not provide adequate storage space. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the variance to exceed 1,000 square -feet limitation for accessory structures will not alter the character of the locality. The subject site is in excess of 63 acres, it is zoned for and permits agricultural uses. The proposed accessory structure will provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. The use and proposed accessory structure is in harmony with the character and use of the property. 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. 5. The planning report #2012-01, dated January 3, 2012, prepared by Angie Kairies, et al, is incorporated herein. 2 u DECISION "The Board of Appeals and Adjustments approves Planning Case #2012-01 for a 13,191 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 2,595 square -foot accessory structure on property zoned Agricultural Estate (A-2)." ADOPTED by the Chanhassen Board of Appeals and Adjustments this P day of January, 2012. CITY OF CHANHASSEN Chairman 3 CHANHASSEN PLANNING REGULAR MEETING JANUARY 3, 2012. Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Tom Doll, Kathleen Thomas, Kevin Ellsworth, Kim Tennyson and Lisa Hokkanen STAFF PRESENT: Kate Aanenson, Community Development Director; and Angie Kairies, Planner PUBLIC PRESENT: Gayle and Lois Degler 9111 Audubon Road PUBLIC HEARING- DEGLER VARIANCE: REQUEST FOR A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE (AGRICULTURAL BUILDING) IN EXCESS OF 1,000 SQUARE FEET ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A2) LOCATED AT 9111 AUDUBON ROAD. APPLICANT: GAYLE DEGLER, PLANNING CASE 2012-01. Kairies: Thank you Chairman Aller, members of Planning Commission. Once again the application before you tonight is a variance request from the 1,000 square foot accessory structure limitation at 9111 Audubon Road. The property is zoned Agricultural Estate and this is Planning Case 2012-01. The property is located, excuse me west of the property is the city of Chaska. Audubon Road, which includes single family homes as well asjust south of the property. East is the Preserve single family subdivision which is comprised of single family dwellings. North of the property is Chanhassen High School, Chaska electrical substation, Lyman Boulevard and Sunridge Addition which is also comprised of single family dwelling units. South of the property is Liberty at Bluff Creek which is multi -family dwellings and then southeast is also the Bluff Creek Overlay District which will be outlined for you in a later slide. Again the request is for a 13,191 square foot variance from the 1,000 square foot accessory structure limitation for the construction of a 2,592 square foot storage structure. This is an addition to multiple accessory structures currently located on this site, and I'll go into more detail on each of those further in the presentation. Just a little background on the accessory structure limitation. This was adopted in 2007 and the purpose was to limit home occupations from being run out of these accessory structures that were typically larger in agricultural districts or rural residential districts. Occupations such as landscapers or contractors yards, things of that nature. During that discussion it was, part of the discussion was that agricultural uses would be, it would be reasonable to grant a variance for agricultural buildings because of the storage of the farm equipment and that city code states that it must be within an enclosed structure. As far as the site is concerned, it's 64 acres. Again it's zoned agricultural estate which does permit agricultural uses such as the current farming operation on the site. There are multiple accessory structures in addition to the one being requested. Because it's agricultural and it's over 10 acres building code does not come into effect with this building. Therefore they are just required to get a zoning permit through the City. The southerly portion, which is outlined in red, is the Bluff Creek Overlay District. Typically a conditional use permit is required. However the city code does have an exemption for properties that are not being subdivided that currently have a principle structure that was constructed prior to 1998 and the principle structure on this site was constructed in 1959. Therefore the CUP is not required. Here is a breakdown of all of the accessory structures that are located on the site. There's a chicken house, grainery, other farm out buildings that are necessary for the operation. Where you see the blue rectangle, that's where the proposed shed will be located. There were two structures that have previously been removed to make way for this structure so there's a removal of 1,316 square feet and there's an addition SCANNED Chanhassen Planning Commission — January 3, 2012 of over 2,000 square feet for the new structure, but it will be in the same location. Previously as stated on page 4 of your staff report, staff also noted that there is an accessory structure located on the property just to the west which is city property and there was a condition to have that vacated. Staff has removed, is requesting that that condition be removed because it's not on the subject site so that can be part of your motion to make sure that that condition's removed. Just to give you a little more breakdown as far as the 13,000. The total of all of the existing buildings, less the two removed and then the new shed is 14,191 square feet and then we take away the 1,000 that's permitted so that's where we come up with the 13,191 square feet variance request. Again the practical difficulty is because it's an agricultural property. This out building is in harmony with the property and the use and city code also states that all storage must be located within an enclosed structure. Staff is recommending approval of the variance request based on the conditions as outlined in the staff report and adoption of the Findings of Fact and Decision and I'd be happy to take any questions at this time. Alley: Thank you. This, the property's going to be on the same footprint as the ones that were removed so the new structure would be, although bigger but it would cover the same footprint? Kairies: Correct. Alley: So that would minimize the impact on the overall property itself location wise? Kairies: Correct. It will be in the same location as the two that have been removed. Alley: That's the only question I have. Anything? Ellsworth: Mr. Chair, yes. Angie on one of the conditions, number 4, not necessarily in regards to this particular case but in general how do we know later on that those structures aren't used for home occupations? Who polices that or how do we go about finding that out or making sure that doesn't happen in the future? Kairies: Typically a building permit is required. If a building permit, if there is some improvements without a building permit, sometimes you find out through complaints, things like that. The community kind of keeps an eye on things as well so we do find out that way. Aanenson: Can I just add one other thing? The other thing we try to do on these is we typically, actually Angie puts these on the permits is that these are not to be used for home occupations. We try to notify people up front and advise them when they come in for a permit. As was indicated, if it's for agricultural purposes, it may not need a permit but even so we try to advise people that even if we don't know about it, somebody else in the neighborhood might know and then we'd have to go back so if they're making a decision that I'm going to try to do this for home occupation, it may come back and that's why we changed the ordinance because as we're becoming more urbanized some of these are very attractive to people to run. Contractor's yard I would think is probably our biggest one. People that do snowplowing, those sort of things and they become a nuisance so that's why we put this in place. Not for this particular case but this one kind of got caught up in it but it is kind of, as Angie said, it's a complaint driven but we also try to notify in the permit. It's an anomaly when someone says I need a 1,000 square foot structure and you say where is it? How are you using it? That's on that sheet she checks all the time so it's the best we can do. Ellsworth: Okay, thank you. Allen. Anything else? • • r Chanhassen Planning Commission — January 3, 2012 Thomas: Well actually I do have a question. Angie what happened, it's not that the structure is not on, the condition we removing. Number 6. Kairies: Yes. Thomas: Is it not on the property, on the city property or what happened with that that we're taking it oft? Kairies: Because it's not part of this application, it's not on this subject parcel. Thomas: Okay. Kairies: We can't make it a condition of approval. Thomas: Okay. But it's still technically is on city property or? Kairies: Right, and that'll be addressed in the future. Thomas: Okay. Okay. Aller: Anything further? With that if the applicant wants to come forward or make a statement, that's fine. Come forward and state your name and. Gayle Degler: Members of the commission, I'm Gayle Degler and this is my mother Lois Degler. The application was made, my name is on it basically I'm doing most of the work for my mother. The confusion came, arose because it just happens my mother's name is Lois Degler and my wife's name is also Lois Degler so when the application, we had two different parcels that were confused because of the same name. Besides that I think the city staff did an excellentjob and if there's any other questions I'd be happy to explain. Thomas: Got it. Aller: I have nothing. Anyone? Gayle Degler: Thank you. Aller: Thank you Mr. Degler. Comments. Anyone wish to make a motion? Undestad: I'll make a motion that the Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Commission Case 2012-01 for a 13,191 square foot multiple accessory structure area variance on property zoned Agricultural Estate District as shown in Exhibit A, subject to conditions in the staff report, eliminating condition number 6 and adoption on the Findings of Fact and Decision. Aller: I have a motion. Do 1 have a second? Hokkanen: Second. Aller: I have a motion and a second. Any discussion? • • Chanhassen Planning Commission — January 3, 2012 Undestad moved, Hokkanen seconded that the Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2012-01 for a 13,191 square foot multiple accessory structure area variance on property zoned Agricultural Estate District as shown in Exhibit A, subject to the following conditions and adoption on the Findings of Fact and Decision: I . The applicant shall call Gopher One State Call (651) 454-0002 to complete a locate request prior to construction. 2. The shed must meet all setback requirements. 3. A Zoning Permit is required. 4. The accessory structure may not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. 5. The accessory structure may not be used as a separate dwelling unit. All voted in favor and the motion carried unanimously with a vote of 7 to 0. APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary Minutes of the Planning Commission meeting dated November 1, 2011 as presented. COMMISSION PRESENTATIONS: None. CITY COUNCIL UPDATE. Aanenson: Thank you. On Monday, on November 14th the Nowling variance appeal was, went to the City Council and that was approved. On November 28`h the Walmart meeting, City Council meeting Walmart was a conceptual was approved, was denied. Excuse me. Was denied and so the staff did prepare Findings of Fact which were approved on their next meeting. Pioneer Pass Addition was approved, the second phase and that is actually kind of in this area we werejust talking about. And then Findings of Fact for the Walmart again was approved by the City Council on December 12`h. Aller: Great, thank you. DISCUSS CODE AMENDMENTS: RESIDENTIAL PLANNED UNIT DEVELOPMENTS. Thomas: Are we going to adjourn? Aanenson: We're going to keep this on. We're not going to adjourn. Aller: This is discussion prior to adjournment. Thomas: Got it. Aanenson: We decided it would be, it might be, if there's someone watching out there, it might be good information for them. We're going to be holding some neighborhood meetings which Angie will explain here. Kairies: Yes, so we have brought this to you previously in September and then also last June because what we're trying to do at a staff level is find the standards for these planned unit developments that were PROPOSED MOTION: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2012-01 for a 13,191 square -foot multiple accessory structure area variance on property zoned Agricultural Estate District, as shown in Exhibit A, subject to the conditions of the staff report; and adoption of the Findings of Fact and Decision." SUMMARY OF REQUEST: The applicant is requesting a 13,191 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 2,592 square -foot storage structure in addition to existing accessory structures (11,599 square feet) on property zoned Agricultural Estate District (A-2). LOCATION: 9111 Audubon Road PID 25-0220800 APPLICANT: Gayle Degler 541 Pineview Court Chanhassen, MN 55317 Lois Degler 9111 Audubon Road Chanhassen, MN 55317 PRESENT ZONING: Agricultural Estate District (A-2) 2030 LAND USE PLAN: Office Industrial ACREAGE: 64.3 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. PROPOSAL SUMMARY The applicant is requesting a variance to exceed the 1,000 square -foot maximum area for a detached accessory structure to construct a 2,592 square -foot storage shed. The property currently has several accessory structures with combined square footage of 11,599 square -feet and a single-family home. The resulting total area of all accessory structures (existing and proposed) is 14,191 square feet. The request includes the combined square footage of all detached accessory structures, less 1,000 square feet permitted by ordinance (13,191 total square feet). SCANNED Degler Variance Request Planning Case 12-01 January 3, 2012 Page 3 of 7 While sewer and water services are available to the property, the site is currently served by a septic system and water well. Access to the parcel is gained via Audubon Road (CSAH 17). Due to the fact that larger agricultural buildings are reasonable on agricultural property, staff is recommending approval of the variance, subject to the conditions of the staff report. APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances. • Chapter 20, Article X, Agricultural Estate District (A-2) District. • Section 20-904 (1) Accessory Structures. • Agricultural Exemption from State Building Code Relevant Minnesota Rules and Statutes. Minnesota Rules, Chapter 1300.0030 Purpose and Application. BACKGROUND The property is zoned Agricultural Estate District (A-2), which permits agriculture use. The subject property has an area in excess of 2,800,908 square feet (64.3 acres). It has a parcel frontage of approximately 1,103 feet along Audubon Road and 1,328 feet along Lyman Boulevard. The parcel depth is in excess of 2,500 feet. Minimum lot area in the A-2 district is two and one-half acres with a minimum lot frontage of 200 feet at the road and minimum depth of 200 feet. The subject site exceeds the lot area, frontage and depth requirements. The southern portion of the site is located within the Bluff Creek Overlay District (BCO), as outlined in red. The location of the proposed shed will not impact Bluff Creek as it is in excess of 800 feet from the overlay boundary. City Code requires a Conditional Use Permit prior to the erection or alteration of any building or land within the BCO. However, Sec 20-1554 (b) states that all parcels of land located within the BCO on which a principal structure has been constructed prior to December 14, 1998, are exempt from requiring a conditional use permit. The principal structure on the subject site was constructed in 1959. Degler Variance Request Planning Case 12-01 January 3, 2012 Page 4 of 7 The subject site formerly included 80 acres to the east which is now the Preserve Subdivison. The Preserve was platted in 2006 and is a Planned Unit Development containing single-family detached homes. When the Preserve was subdivided, a 1,848 square -foot shed, owned by the property owner, remained on the land which is now owned by the city. Staff has added a condition that the shed located on city property must be vacated. Section 20-904 Accessory Structures The property owner has been farming the site prior to 1959. There are several accessory structures related to the farming operation on the property. In preparation for the proposed structure, the applicant has removed a 1,008 square -foot chicken house and a 308 square -foot garage, for a total removal of 1,316 square feet. The proposed structure will be located where the removed buildings stood. With the removal of the two structures, there remains a chicken house, granary, machine shed, cattle shed, dairy bam, milk house and four storage bins on the property. The combined square footage of these existing accessory structures is 11,599 square feet. When the aforementioned structures were constructed, the area of accessory structures was not limited on agriculturally zoned districts, since the structures and use of the property are for agricultural purposes. AccessoryBuildings ExistingDimensions . & Chicken House 20 x 12 240 Gran 50 x 30 1,500 Machine Shed 56 x 80 4,480 Bin A 12.5 r 491 Bins IOr 314 Bin 7.5r 177 Bin D 7.5 r 177 Cattle Shed 16 x 20 320 Feed Bunk Shed l6 x 54 864 DairyBarn45 x 60 2,700 Milk House 14 x 24 336 Total Existing11,599 Removed Chicken House 28x 36 1.008 Gmage 22 x 14 308 rr d Shed 36 x 72 2 592 Total 14,191 Less 1,000 Request 13.191 Degler Variance Request Planning Case 12-01 January 3, 2012 Page 5 of 7 The current zoning ordinance which limits detached accessory structures to a maximum of 1,000 square feet was adopted in May of 2007. Prior to that, City Code limited the size of detached accessory structures for properties zoned Single Family Residential (RSF) and Mixed Low Density Residential (R4) Districts, but not in the Low and Medium Residential District (RLM), nor the Agricultural Estate District (A-2) and Rural Residential (RR) Zoning Districts since they were at one time related to agricultural uses. While the City's comprehensive plan does not provide for a purely agricultural land use, it does support the preservation of this use in greater Carver County. As the City continues to grow, agricultural uses are being replaced by estate homes. In some cases, contractors were purchasing the property and building accessory structures, in addition to an attached garage, to house their business. The City Code prohibits the use of accessory structures for home occupations. In order to address this issue, the code was amended to limit the size of accessory structures to 1,000 square feet in all districts that permit single-family homes. At that time, it was presumed that legitimate agricultural uses which came in to construct or expand agricultural buildings would be able to receive a variance for such expansion since the size of the structure is related to its use for agricultural purposes. The "Practical Difficulty" standard would relate to the ability to maintain the farming operation and for the storage of agricultural machinery, equipment and supplies on an agricultural property. Further, agricultural buildings are a reasonable use on agricultural properties. The request is in harmony with the A-2 zoning district and existing use of the property. Pursuant to Minnesota Rule 1300.0030 and MN Statute 273.13, the subject site is classified as agricultural land, as it exceeds 10 acres in size and is used for agricultural purposes. According to the Statute, agricultural buildings are exempt from the Minnesota State Building Code. Therefore, a building permit is not required. However, City Code Section 20-91 requires a Zoning Permit prior to the construction of an agricultural building in order to verify the location, site coverage and other zoning standards. ANALYSIS The proposed structure is 36 feet by 72 feet (2,592 square feet) and the combined square footage of the existing and proposed accessory structures is 14,191 square feet. Therefore, the variance request is for a 13,191 square -foot variance from the 1,000 square -foot detached accessory structure limitation. The proposed structure will be located west of the existing machine shed and over 200 feet from the property line along Audubon Road. Degler Variance Request Planning Case 12-01 January 3, 2012 Page 6 of 7 The proposed structure will be in compliance with all required setbacks and height limitations as outlined in the A-2 zoning district. The height limitation in the A-2 district is 35 feet. The height of the proposed structure is 15 feet as measured from grade to the midpoint of the peak. While the structure complies with the A-2 district height regulations, Section 20-907 (bxl) of the City Code states farm buildings are exempt from the district height limitations. The purpose of the request to exceed the 1,000 square -foot accessory structure limitation is to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. Agricultural uses were addressed in the discussion of the amendment in 2007, in that larger accessory buildings would be a reasonable request based on a legitimate agricultural use and will be keeping in harmony with the general purpose and intent of the A-2 district. The practical difficulties of the variance to exceed the 1,000 square -foot limitation are directly related to the agricultural use of the property. The 64.3 acres is currently farmed. The proposed structure will house farm -related equipment and machinery. To ensure the structure will be used solely for agricultural purposes, staff has added a condition stating: The structure shall not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. 0 0 Degler Variance Request Planning Case 12-01 January 3, 2012 Page 7 of 7 RECOMMENDATION Staff recommends that the Planning Commission approve the accessory structure variance subject to the following conditions and the adoption of the attached Findings of Fact and Decision: 1. The applicant shall call Gopher State One Call (651) 454-0002 to complete a locate request prior to construction. 2. The shed must meet all setback requirements. 3. A Zoning Permit is required. 4. The accessory structure may not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. 5. The accessory structure may not be used as a separate dwelling unit. 6. The accessory structure located on city property PID 25-6460130 and Platted Right -of -Way of the Preserve at Bluff Creek 2"d Addition must be vacated. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Exhibit A: Aerial view of site. 4. Agricultural Exemption from State Building Code Relevant Minnesota Rules and Statutes. 5. Public Hearing Notice and Affidavit of Mailing. GAPLAN12012 Planning Cmes12012-01 Degler Varim"TC Staff Repor[.doc r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Gayle and Lois Degler for a 13,191 square -foot variance from the 1,000 square - foot accessory structure area limitation to construct a 2,592 square -foot accessory structure on property zoned Agricultural Estate District (A-2) — Planning Case #2012-01. On January 3, 2012, 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 Agricultural Estate District (A-2). 2. The property is guided in the Chanhassen Comprehensive Plan for Office Industrial. 3. The legal description of the property is as follows: P/O GOVT LOT 2 & P/O WI/2 SEl/4 DESC AS: COMM AT NE CORN NWl/4 SEIA 22-116- 23 TH S 1320' TH W 66TH S38*W 157.08' TH S73*W 287.1' TH S36*W 125.4' THS17*W 244.2 FR TH N82*W 99' TH N 528' TO N LINE SW 1/4 SEIA TH S 1029.5' TH SWTO A PT BEARING E 462' F 4. Variance Findines — 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 subject site is zoned Agricultural Estate District (A-2). The purpose of the request to exceed the 1,000 square -foot accessory structure limitation is to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. Agricultural uses were addressed in the discussion of the amendment in 2007, in that it would be a reasonable request based on a legitimate agricultural use and will be keeping in harmony with the general purpose and intent of the A-2 district. 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 • 17, Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The practical difficulties of the variance to exceed the 1,000 square -foot limitation are directly related to the agricultural use of the property. City Code requires all equipment to be stored within an enclosed structure. Limiting the size of accessory structures on agricultural land does not provide adequate storage for the farming equipment and machinery. The 64.3 acres are currently farmed; the proposed structure will provide storage of farm -related equipment and machinery. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is unique due to the fact that it is an agriculturally zoned property within the City. City ordinance permits agricultural uses, such as farming on property zoned Agricultural Estate. It is essential for an agricultural use to store farm -related equipment and machinery on site. City Code requires all equipment to be stored within an enclosed structure. Limiting accessory structures to 1,000 square feet does not provide adequate storage space. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the variance to exceed 1,000 square -feet limitation for accessory structures will not alter the character of the locality. The subject site is in excess of 63 acres, it is zoned for and permits agricultural uses. The proposed accessory structure will provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. The use and proposed accessory structure is in harmony with the character and use of the property. 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. 5. The planning report #2012-01, dated January 3, 2012, prepared by Angie Kairies, et al, is incorporated herein. 2 0 "The Board of Appeals and Adjustments approves Planning Case #2012-01 for a 13,191 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 2,595 square -foot accessory structure on property zoned Agricultural Estate (A-2)." ADOPTED by the Chanhassen Board of Appeals and Adjustments this P day of January, 2012. CrrY OF CHANHASSEN IVA Chairman CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address: C0 /e 0 e fa r ,Sy Ipio t Vi.w C_* ehgrr/1cr55tr) MiAlI .5r3/l Contact: Phone: 952--y03•70yrFax: `f6a-19Co9V23 Email: �_a co. 6vn Ur n, Poo 1.4 Planning Case No. CA010l—(� I Property Owner Name and Address: 9'/!! A1 i"df t 114 �liarAi4w5Soh f "J/11,1 5'1317Z Contact: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) ___4— Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost** - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $��}SO. 00 + Ztz1 UO - 4( I `c An additional fee of $3.00 per address within the public hearing notification area will be prior to the public hearing. J -t z _ g �t�1 to the anolicant *Five (5) full-size folded copies of the plans must be submitted, including an 81/z" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: LEGAL DESCRIPTION AND PID: TOTALACREAGE WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: 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, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed 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. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Signature of Fee Owner Date Date gAplanVormsWevelopment review applicatimAcc Dec 01 11 04:05p Gayle Degler 969423 p.2 PROJECT NAME: LOCATION: LEGAL DESCRIPTION AND PID: TOTALACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or dearly printed and must be accompanied by ah information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. 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. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be progressed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person, to make this application and the fee owner has also signed 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. The documents and information I have submitted are true and correct to the best of my knowledge. SlgnatureofA Ircant 01. Date —, =-,) Z %c� - f .—// Signature or Fee Owner r Date gtplar.'fn dc"IOPMa¢ Mview appliealiw.do SCANNED November 30, 2011 Requesting a pole storage shed to house farm machinery. This would replace 2 older and less accessible building we have taken down. The building would be a 36 x 72 with 2 doors (12' high) facing west. S--, ..-D • 6 From: Gayle Deglerfmailto:gdealer(cbco.carver.mn.us] Sent: Thursday, December 01, 2011 3:27 PM To: Kairies, Angie Subject: RE: Application 1. Accessory Buildings Old Chicken House - 20 x 12 = 240 sq ft Granary -50x30=1500sgft Machine Shed - 56 x 80 = 4480 sq ft New Chicken House - 28 x 36 = 1008 sq ft Garage - 22 x 14 = 308 sq ft Remaining accessory sq footage is 6220 Removed for project 1316 sq ft Proposed 36 x 72 is 2592 sq ft 2. Short Narrative - The city requires a variance whenever accessory buildings exceeded a certain square footage. The square footage we currently have triggers the variance. We are removing 2 buildings that do not functions with today's farm equipment and are replacing them with one 36 x 72 building. The total sq footage increases 1276. Modern agriculture requires different storage than in the past and we have always tried to keep our machinery shedded for proper maintenance and personal and neighborhood pride. Gayle Degler Carver County Commissioner District 1 952-403-7047 gdegle(cco.carver.mn.us SCANNED Create Map • EXHIBIT A • Page 1 of 1 CARVER COUNTY PROPERTY INFORMAT14 http://carvergisweb l.co.carver.mn.usIPublic_Parcel/print.htm?MapPath=http://carvergiswebl.co.... 11/30/2011 Agricultural Exemption from State Building Code Relevant Minnesota Rules and Statutes Minnesota Rules, Chapter 1300.0030 PURPOSE AND APPLICATION. Subpart 1. Purpose. The purpose of the code is to provide minimum standards to safeguard life and limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all structures and equipment specifically covered by the code in a jurisdiction that adopts and enforces the code. The purpose of the code is not to create, establish, or designate a particular class or group of persons who will or should be especially protected or benefited by the terms of the code. Subp.2. Application. A. The code applies statewide except as provided in Minnesota Statutes, sections 16B.72 and 166.73, and supersedes the building code of any municipality. The code does not apply to agricultural buildings except with respect to state inspections required or rulemaking authorized by Minnesota Statutes, sections 103F.141, subdivision 8, and 326.244. Minnesota Statutes, §168.60 DEFINITIONS. Subd. 5. Agricultural building. "Agricultural building" means a structure on agricultural land as defined in section 273.13, subdivision 23, designed, constructed, and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, and sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products. Minnesota Statutes, §273.13 CLASSIFICATION OF PROPERTY. Subd. 23. Class 2. (a) Class 2a property is agricultural land including any improvements that is homesteaded. The market value of the house and garage and immediately surrounding one acre of land has the same class rates as class la property under subdivision 22. The value of the remaining land including improvements up to the first tier valuation limit of agricultural homestead property has a net class rate of 0.55 percent of market value. The remaining property over the first tier has a class rate of one percent of market value. For purposes of this subdivision, the "first tier valuation limit of agricultural homestead property" and "first tier" means the limit certified under section 273.11, subdivision 23. (b) Class 2b property is (1) real estate, rural in character and used exclusively for growing trees for timber, lumber, and wood and wood products; (2) real estate that is not improved with a structure and is used exclusively for growing trees for timber, lumber, and wood and wood products, if the owner has participated or is participating in a cost -sharing program for afforestation, reforestation, or timber stand improvement on that particular property, administered or coordinated by the commissioner of natural resources; (3) real estate that is nonhomestead agricultural land; or (4) a landing area or public access area of a privately owned public use airport. Class 2b property has a net class rate of one percent of market value. (c) Agricultural land as used in this section means contiguous acreage of ten acres or more, used during the preceding year for agricultural purposes. "Agricultural purposes" as used in this section means the raising or cultivation of agricultural products. "Agricultural purposes" also includes enrollment in the Reinvest in Minnesota program under sections 103F.501 to 103F.535 or the federal Conservation Reserve Program as contained in Public Law 99-198 if the property was classified as agricultural (i) under this subdivision for the assessment year 2002 or (ii) in the year prior to its enrollment. Contiguous acreage on the same parcel, or contiguous acreage on an immediately adjacent parcel under the same ownership, may also qualify as agricultural land, but only if it is pasture, timber, waste, unusable wild land, or land included in state or federal farm programs. Agricultural classification for property shall be determined excluding the house, garage, and immediately surrounding one acre of land, and shall not be based upon the market value of any residential structures on the parcel or contiguous parcels under the same ownership. (d) Real estate, excluding the house, garage, and immediately surrounding one acre of land, of less than ten acres which is exclusively and intensively used for raising or cultivating agricultural products, shall be considered as agricultural land. Land shall be classified as agricultural even if all or a portion of the agricultural use of that property is the leasing to, or use by another person for agricultural purposes. Classification under this subdivision is not determinative for qualifying under section 273.111. The property classification under this section supersedes, for property tax purposes only, any locally administered agricultural policies or land use restrictions that define minimum or maximum farm acreage. (e) The term "agricultural products" as used in this subdivision includes production for sale of: (1) livestock, dairy animals, dairy products, poultry and poultry products, fur - bearing animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains, bees, and apiary products by the owner; (2) fish bred for sale and consumption if the fish breeding occurs on land zoned for agricultural use; (3) the commercial boarding of horses if the boarding is done in conjunction with raising or cultivating agricultural products as defined in clause (1); (4) property which is owned and operated by nonprofit organizations used for equestrian activities, excluding racing; (5) game birds and waterfowl bred and raised for use on a shooting preserve licensed under section 97A.115; (6) insects primarily bred to be used as food for animals; (7) trees, grown for sale as a crop, and not sold for timber, lumber, wood, or wood products; and (8) maple syrup taken from trees grown by a person licensed by the Minnesota Department of Agriculture under chapter 28A as a food processor. (f) If a parcel used for agricultural purposes is also used for commercial or industrial purposes, including but not limited to: (1) wholesale and retail sales; (2) processing of raw agricultural products or other goods; (3) warehousing or storage of processed goods; and (4) office facilities for the support of the activities enumerated in clauses (1), (2), and (3), the assessor shall classify the part of the parcel used for agricultural purposes as class lb, 2a, or 2b, whichever is appropriate, and the remainder in the class appropriate to its use. The grading, sorting, and packaging of raw 0 agricultural products for first sale is considered an agricultural purpose. A greenhouse or other building where horticultural or nursery products are grown that is also used for the conduct of retail sales must be classified as agricultural if it is primarily used for the growing of horticultural or nursery products from seed, cuttings, or roots and occasionally as a showroom for the retail sale of those products. Use of a greenhouse or building only for the display of already grown horticultural or nursery products does not qualify as an agricultural purpose. The assessor shall determine and list separately on the records the market value of the homestead dwelling and the one acre of land on which that dwelling is located. If any farm buildings or structures are located on this homesteaded acre of land, their market value shall not be included in this separate determination. (g) To qualify for classification under paragraph (b), clause (4), a privately owned public use airport must be licensed as a public airport under section 360.018. For purposes of paragraph (b), clause (4), "landing area" means that part of a privately owned public use airport properly cleared, regularly maintained, and made available to the public for use by aircraft and includes runways, taxiways, aprons, and sites upon which are situated landing or navigational aids. A landing area also includes land underlying both the primary surface and the approach surfaces that comply with all of the following: (i) the land is properly cleared and regularly maintained for the primary purposes of the landing, taking off, and taxiing of aircraft; but that portion of the land that contains facilities for servicing, repair, or maintenance of aircraft is not included as a landing area; (ii) the land is part of the airport property; and (iii) the land is not used for commercial or residential purposes. The land contained in a landing area under paragraph (b), clause (4), must be described and certified by the commissioner of transportation. The certification is effective until it is modified, or until the airport or landing area no longer meets the requirements of paragraph (b), clause (4). For purposes of paragraph (b), clause (4), "public access area" means property used as an aircraft parking ramp, apron, or storage hangar, or an arrival and departure building in connection with the airport. Copyright © 2006 by the Office of Revisor of Statutes, State of Minnesota. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on December 22, 2011, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Degler Variance — Planning Case 2012-01 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. Subscribed and sworn to before me thilay of2011. Not Publ' Engel% Deputy&lerk a u�� Kit T. MEUWISSEN Notary Public-Mlnnasota MY Cp Misww ,qq 3en 31. 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 3, 2012 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Variance to allow an accessory structure Proposal: (agricultural building) in excess of 1,000 square feet on property zoned Agricultural Estate District A2 . Applicant: Gayle De ler Property 9111 Audubon Road Location: 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 What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cl.chanhassen.mn.us/serv/plan/12-01.html. If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies(cDci.chanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday rior to the Planning Commission meeting. City Review Procedure; • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited 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 the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The 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 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 processed within 60 days unless the applicant waives this standard Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested persori • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Date & Time Tuesday, January 3, 2012 at 7:00 P.M. This hearing may not start ' until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Variance to allow an accessory structure Proposal: (agricultural building) in excess of 1,000 square feet on property zoned Agricultural Estate District A2 . Applicant: Gayle De ler Property 9111 Audubon Road Location: 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: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the Droiect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/r)lan/12-01.htmi. If you wish to talk to someone about this project, please contact Angie Kairies by email at akairies(dci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Pla ning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alteratio Rezonings. Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited 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 the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The 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 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 processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available 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 correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. • 0 CHASKA CITY 1 CITY HALL PLAZA CHASKA MN 55318-1962 ]AN GLENN 1532 MILLS DR CHANHASSEN MN 55317-4812 BONAR & CHRISTA M SABBY 1928 COMMONWEALTH BLVD CHANHASSEN MN 55317-4759 RUSS & PHYLLIS BOEGEMAN 1940 LINCOLN LN CHANHASSEN MN 55317-4775 ANTHONY GRAND 1941 COMMONWEALTH BLVD#3 CHANHASSEN MN 55317-4848 MARTHA J PIESCHEL 1941 COMMONWEALTH BLVD #6 CHANHASSEN MN55317-4848 SCOTT & JENNY AUGUST 1944 COMMONWEALTH BLVD #3 CHANHASSEN MN 553174761 MOHAMED E ABDUL 1944 COMMONWEALTH BLVD #6 CHANHASSEN MN 55317-4760 GARY PAUL HANSON 1948 LINCOLN LN CHANHASSEN MN 55317-4775 IND SCHOOL DIST 112 11 PEAVEY RD CHASKA MN 55318-2321 DALLAS JOHN FRASER 15587 DWELLERS WAY APPLE VALLEY MN 55124-7833 ROBERT E MANDERS 1932 COMMONWEALTH BLVD CHANHASSEN MN 55317-4759 CONNIE KELLY 1941 COMMONWEALTH BLVD #1 CHANHASSEN MN 55317-4801 KEVIN M WESTERHAUS 1941 COMMONWEALTH BLVD #4 CHANHASSEN MN 553174848 ROBERT REMBOWICZ 1944 COMMONWEALTH BLVD #1 CHANHASSEN MN 55317-4761 BRET ROGER ANDERBERG 1944 COMMONWEALTH BLVD #4 CHANHASSEN MN 55317-4761 ANDREA S HEUER 1944 COMMONWEALTH BLVD #7 CHANHASSEN MN 55317-4761 KELLY A VANDERLEEST 1952 LINCOLN LN CHANHASSEN MN 55317-4775 FEDERAL NATIONAL MORTGAGE ASSO 14221 DALLAS PKY STE 1000 DALLAS TX 75254-2946 LAMAR L LAMBERT 1872 COMMONWEALTH BLVD CHANHASSEN MN 55317-5317 RONALD C & JANICE P RIGGSBY 1936 LINCOLN LN CHANHASSEN MN 55317-4775 MICHELLE A PAQUETTE 1941 COMMONWEALTH BLVD #2 CHANHASSEN MN 55317-4801 COREY C & LORI K HOTHAN 1941 COMMONWEALTH BLVD #5 CHANHASSEN MN 55317-4848 MARK & LAUREN C KLOBUCHAR 1944 COMMONWEALTH BLVD #2 CHANHASSEN MN 55317-4761 MICHAEL J NEUROTH 1944 COMMONWEALTH BLVD #5 CHANHASSEN MN 55317-4761 SHERYL K DRISCOLL 1944 COMMONWEALTH BLVD #8 CHANHASSEN MN 55317-4761 LORI JEAN KENDALL 1960 LINCOLN LN CHANHASSEN MN 55317-4775 MCKAELA MCKENZIE GRASMICK CLAIRE L GRINAGER LORRETTA MAGNUSON ETAL 1968 LINCOLN LN 2960 TABERNASH DR 3345 EAGLE BLUFF RD CHANHASSEN MN 55317-4775 LOVELAND CO 80538-4922 MOUND MN 55364-8596 0 • LAKE REGION MFG INC GREGORY C HAYES 340 LAKE HAZELTINE DR 3872 RASPBERRY RIDGE RD NW CHASKA MN 55318-1029 PRIOR LAKE MN 55372-1120 AMERICAN BLUE RIBBON HOLDINGS LARRY C & JUDITH E KASSEBAUM 400 48TH AVE W 4049 STARRY PASS CIR DENVER CO 80216-1806 MESA AZ 85207-1196 LAKE HAZELTINE WOODS LLC DEGLER LAND COMPANY LLC 470 78TH ST W #260 541 PINEVIEW CT CHANHASSEN MN 55317-4540 CHANHASSEN MN 55317-8697 CHANHASSEN RESIDENTIAL DEV K HOVNANIAN T&C HOMES AT MN PAR 7615 SMETANA LN #180 7300 METRO BLVD #300 EDINA MN 55439-2302 EDEN PRAIRIE MN 55344-4702 TIMOTHY C BOYCE LOIS R DEGLER 8941 AUDUBON RD 9111 AUDUBON RD CHANHASSEN MN 55317-8412 CHANHASSEN MN 55317-9412 ANTHONY S LARSON NATHAN STIER 9180 DEGLER CIR 9200 ELLENDALE LN CHANHASSEN MN 55317-4780 CHANHASSEN MN 55317-4747 I-FEI TSU DANIEL J DEYOUNG 9210 ELLENDALE LN 9220 ELLENDALE LN CHANHASSEN MN 55317-4747 CHANHASSEN MN 55317-4747 GEORGE & CONSTANCE ST MARTIN MARK T KLUNDER 9231 AUDUBON RD 9240 ELLENDALE LN CHANHASSEN MN 55317-9412 CHANHASSEN MN 55317-5317 JARED A & SUSAN E ANDERSSON CHARLES S & JOAN WAGNER 9260 ELLENDALE LN 9430 AUDUBON RD CHANHASSEN MN 55317-5317 CHASKA MN 55318-1184 JEFFREY S WIESNER JAMES H KINGETER 9439 WASHINGTON CIR 9443 WASHINGTON CIR CHANHASSEN MN 55317-4783 CHANHASSEN MN 55317-4783 CONSOLIDATED GRAPHICS PROP II 3903 BELLAIRE BLVD HOUSTON TX 77025-1119 PRESERVE @ BLF CRK HOMEOWNERS 4672 SLATER RD EAGAN MN 55122-2362 JOHN PETER HALFEN III 623 3RD AVE SW LONG PRAIRIE MN 56347-1937 DENNIS CHADDERDON 8900 AUDUBON RD CHANHASSEN MN 55317-8412 JAMES C EBELING 9160 DEGLER CIR CHANHASSEN MN 55317-5317 ERIC S THESHIP-ROSALES 9201 AUDUBON RD CHANHASSEN MN 55317-9412 SIJO JOSEPH 9230 ELLENDALE LN CHANHASSEN MN 55317-4747 DAVID T & JENNIFER R PERRY 9250 ELLENDALE LN CHANHASSEN MN 55317-4747 JAMES L NARDO 9431 WASHINGTON CIR CHANHASSEN MN 55317-4783 JACOB ROBERT HAGEL 9446 WASHINGTON CIR CHANHASSEN MN 55317-4783 DANIEL D & ROSEMARY ASPAGAYLE MAY BARKER 9450 WASHKMAN 9451 WASHINGTON CIR CHANHASSEN MN 55317-4783 450 WASHINGTON CIR CHANHASSEN MN 55317-4783 KRISTEN MELUM LOWE TAMMI J FLANNERY 9455 WASHINGTON CIR 9459 WASHINGTON CIR CHANHASSEN MN 55317-4783 CHANHASSEN MN 55317-4783 SHARON WISER KRISTI KAY FLANN 9463 WASHINGTON CIR 9466 WASHINGTON CIR CHANHASSEN MN 55317-4783 CHANHASSEN MN 55317-4783 SHEKHAR NAYYAR NANCY ENGER 9471 WASHINGTON CIR 9474 WASHINGTON CIR CHANHASSEN MN 55317-4783 CHANHASSEN MN 55317-4783 BRUCE CONNOLLY BARRY L & SUZANNE L LIBENGOOD N81 W23400 FIVE IRON WAY PO BOX 469 SUSSEX WI 53089-3089 CHANHASSEN MN 55317-0469 SCOTT ANTHONY FRISCO 9454 WASHINGTON CIR CHANHASSEN MN 55317-4783 CHERYL A GEVING 9462 WASHINGTON CIR CHANHASSEN MN 55317-4783 WARREN D KLEV 9467 WASHINGTON CIR CHANHASSEN MN 55317-4783 CHASKA INVESTMENT LP 9531 78TH ST W #350 EDEN PRAIRIE MN 55344-8009 Affidavit of Publication Southwest Newspapers CITY OF CHANHASSEN CARVER & HENNEPIN State of Minnesota) COUNTIES )SS. NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2012-01 County of Carver ) NOTICE IS HEREBY GIVEN that the Chanhassen Planning Com- mission will hold a public hearing on Tuesday, January 3, 2012, at 7:00 p.m. in the Council Chambers in Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized Chanhassen City Hall, 7700 Market agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- Blvd. The purpose of this hear- lager and has full knowledge of the facts herein stated as follows: ing is to consider a request for a Variance to allow an accessory structure A These new have complied with the requirements constitutin qualification as a legal ( ) wide Pg9 zone Agricultural property zoned Agricultural Estate Estng) to newspaper, as provided by Minnesota Statute 331A.02, 331 A.07, and other applicable laws, as s, (A2) located at 9111 Audubon Road. amended. Applicant: Gayle Degler. S A plan showing the location of (B) The printed public notice that is attached to this Affidavit and identified as No.� _9 the proposal is available for public was published on the date or dates and in the newspaper stated in the attached Notice and said review on the City's web site at Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of wan/12- l.htmisen.mn. City Hal at City Hall the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both during regular egul rb iness hours. inclusive, and is herebyacknowledged as beingthe kind and size of used in the composition g interested persons are invited to aft- and publication of the otice: tend this public hearing and express their opinions with respect to this abcdefghijkhnnopgrstuvwxyz proposal. Angie K Planner I }�� mil:, Email: akairi t� ✓( �1 —" ci.chanhassen.mn.us .us B� 11 Phone: 952-227-1132 Laurie A. Hartmann (Published to the Chanhassen Villager on Thursday, December 22, 201I' No. A579) Subscribed and sworn before me on this aanday of Ol 1 JYMME JEANNETTE BARK NOTARY PUBUC - MINNESOTA NrIfic MY COMMISSION EXPIRES01131113 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2012-01 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 3, 2012, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance to allow an accessory structure (agricultural building) on property zoned Agricultural Estate (A2) located at 9111 Audubon Road. Applicant: Gayle Degler. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/senL/plan/12-Ol.html or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Angie Kairies, Planner I Email: akairies e,ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on December 22, 2011) SCANNED 11 MEMORANDUM TO: Angie Karies, Planner I FROM: Jerritt Mohn, Building Official DATE: December 5, 2011 SUBJ: Review of variance request to allow an agricultural accessory structure in excess of 1000 square feet at 9111 Audubon Road. Planning Case: 2012-01 I have reviewed the above request for a variance. Agricultural buildings are exempt from the Minnesota State Building Code (see MN Rule 1300.0030 and MN Statute 273.13); therefore, I have no comment. GAPL.AM2012 Planning Ca \2012-01 Degler Variancebuildingotticialcommrnlsdoc GCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 Date: December 5, 2011 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: December 23, 2011 By: Angie Kairies, Planner I 952-227-1132 akairics@.ci.chanhassen.mn.us Subject: Request for Variance from Section 20-904 of the Chanhassen City Code to allow an accessory structure (agricultural building) in excess of 1,000 square feet on property zoned Agricultural Estate District (A2) located at 9111 Audubon Road. Applicant: Gayle Degler. Planning Case: 2012-01 PID: 25-0220800 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on December 2, 2011. The 60-day review period ends January 31, 2012. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on January 3, 2012 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than December 23, 2011. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco JU-ilNLD Carver County, M a . . fy�r .• �. ♦rii♦ac �' � �rli r _ ti Y -- 7As 4t Property Information Parcel ID: 250220800 Taxpayer Name: LOIS R DEGLER Taxpayer Address: 9111 AUDUBON RD Taxpayer City St. Zip: CHANHASSEN, MN 55317-9412 Property Address: 9111 AUDUBON RD Property City: CHANHASSEN GIS Acres: 64.31 AS400 Acres: 67.3 Homestead: Y School District: 0112 Watershed District: WS 064 RILEY PURG BLUFF CREEK Tax Exempt: N Platname: Disclaimer This map waa aeated using Cai Count/. Geographic Map Scale Information Systems (GIS), it is a compilation of information and data from vanws city County, State, and Federal prices. This map is not a 1 inch = 1460 feet surveyed or legally recorded map and is intended to be used as a reference. Carves County is not responsible for any ina ouraaes Map Date contained herein. 12/5/2011 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 12/05/2011 11:12 AM Receipt No. 00174341 CLERK: bethanya PAYEE: GAYLE/LOIS DEGLER 541 PINEVIEW COURT CHANHASSEN MN 55317 Degler Variance Planning Case 2012-01 ------------------------------------------------------- Use & Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 219.00 Total Cash Check 11115 Change 669.00 0.00 669.00 0.00 SCANNED 101 DEGLER VARIANCE - PLANNING CASE 2012-01 $200.00 Variance $200.00 Notification Sign $219.00 GIS List $50.00 Recording Escrow $669.00 TOTAL $669.00 Less Check #11115 from Lois Degler $0.00 BALANCE Create Map • 0 Page 1 of 1 CARVER CO Hazeltine Lake UNTY PROPERTY I v NFORMATH Map created on 11/3012011 Aerial Photo: April 2008 Disclaimer: This information is to be used for reference purposes only. Carver County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 21 (2000), and the user of this service acknowledges that the County shall not be liable for CARVER any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the County from any and all claims brought by User, its employees or agents, or third parties which COUNTYarise out of the user's access or use of data provided. 18 Legi Aerial Vie http://carvergisweb l .co.carver.mn.us/Public_Parcellprint.htm?MapPath=http://carvergisweb l .co.... 11 /30/2011 +Create Map Page I of 1 CARVER COUNTY PROPERTY INFORMATH n > i �- ... / :n .. ry rt�J RJC1{j�i' �fV7>� / wed �v,lk SLO sy Ji I! h Map created on 11/30/2011 Aerial Photo: April 2008 Disclaimer: This information is to be used for reference purposes only. Carver County does not Leg( guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, i Subd. 21 (2000), and the user of this service acknowledges that the County shall not be liable for Aerial Vie CAA T 77 any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless V E 1\ the County from any and all claims brought by User, its employees or agents, or third parties which C O U N TY arise out of the user's access or use of data provided. SCANNED http://carvergiswebl .co.carver.mn.us/Public_ParceUprint.htm?MapPath=http:llcarvergisweb l .co.... 11 /30/2011