Loading...
CAS-01_PENTEADO VARIANCE - 6739 BRENDEN COURT2C,10-61 PC- CAMPBELL KNUTSON Professional Association Direct Dial: (651) 234-6222 E-mailAddress: snelson@ck-law.com Thomas J. Campbell -PleyefF,bw L!, 2M9 AujLLS+ Roger N. Knutson J Cr Y OF CHANHASSEN Thomas M. Scott Ms. Kim Meuwissen RECF -- Elliott B. Knetsch City of Chanhassen Joel J. Jamnik Andrea McDowell Poehler 7700 Market Boulevard AUG U 3 2010 Soren M. Mattick P.O. Box 147 CHANHASSEN PLAVN+NG DEPT John F. Kelly Chanhassen, Minnesota 55317 Henry A. Schaeffer, 111 Alina Schwartz RE: CHANHASSEN —PENTEADO PROPERTY (ALFREDO & CANDYCE) Samuel]. Edmunds ➢ Certified Vacation Resolution 2010-11 Marguerite M. McCarron ➢ Variance 10-01 ➢ Zoning Lot Designation ➢ Grant of Permanent Drainage/Utility Easement ort3 4C. Et^cjifir'^cj ➢ Consent to Easement from M&I Bank (Lots 4 and 5, Block 1, Brenden Pond 3rd Addition) Dear Kim: Enclosed for the City's files please find original recorded documents listed above which were recorded with Carver County as follows: • Certified Vacation Resolution 2010-11 recorded on March 3, 2010 as Document No. T174449 • Variance 10-01 recorded on March 8, 2010 as Document No. T174450 • Zoning Lot Designation recorded on March 8, 2010 as Document No. T174451 • Grant of Permanent Drainage/Utility Easement recorded on February 23, 2010 as Document No. T174305 • Consent to Easement from M&I Bank recorded on April 27, 2010 as Document No. T174954 Regards, CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve / $y Suite 317 • Fagan, MN 55121 u an R Nelson, Legal A sistant 651-452-500o SRN:ms Fax 651-452-SS50 www.ck-Iaw.com Enclosure cc: Jean Steckling SCANNEO Document NO. OFFICE OF THE REGISTRAR OF TITLES T 174U9 CARVER COUNTY, MINNESOTA Receipt # Cert. # 33709 Fee $46.00 Certified Recorded on 3182010 CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) at 12:30 ❑AM4PM Carl W. Hanson, Jr. Registrar of Titles I, Karen J. Engelhardt, duly appointed and acting Deputy City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution 2010-11 entitled, "Vacating Drainage and Utility Easements on Lots 4 and 5, Block 1, Brenden Ponds 3rd Addition Planning Case File No. 10-01" adopted on February 8, 2010, with the original copies now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 19d' day of February, 2010. SCAW,9p CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: February 8, 2010 RESOLUTION NO: 2010-11 MOTION BY: Ernst SECONDED BY: Tiornhom A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS ON LOTS 4 AND 5, BLOCK 1, BRENDEN PONDS 3ao ADDITION PLANNING CASE FILE NO.10-01 WHEREAS, the City of Chanhassen is requesting to vacate the drainage and utility easement on Lots 4 and 5, Block 1, Brenden Ponds Yd; and WHEREAS, the existing easement was granted in 1999; NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves vacating the drainage and utility easements within Lots 4 and 5, Block 1, Brenden Ponds 3` Addition as defined on the attached vacation description. Passed and adopted by the Chanhassen City Council this 8d' day of February, 2010. ATTEST: o d Gerhardt, City Manager YES Furlong McDonald Ernst Litsey Tjornhom Thomas A. Furlong, Mayor NO EASEMENT VACATION EXHIBIT PREPARED FOR: GESTACH PAULSON `N N 5 � N � 9 25 �� eaj O i Q I i 9 d Z LOT 4 '% / \\� /sa3 00 ' p �pp111 p,1 0o 00 zje5g0[��p� QONpS 3R N� ,R a 12�— D �C1 V p O / 6F2 p5 , E � oU Proposed Tree Preservation Easement.' REvam: 2101110 (1) 5 An easement for tree press v tion purposes over and RENSLD: 2101110 (2) - across the northerly 25.00 feet of Lot 5, Block i, Brenen Ponds T d Addition. I Easement to be ✓ocoted: ltre drainage and utility easements as dedicated in Block Proposed Additional Oroinoge and Utility Easement 9 b' An easement for drainage and utility purposes oror. 1, Brendan Ponds W Addition which am described as under and across the southwesterly 10.00 feet of the follows. northeasterly 1500 feet of Lot 5. Block 1, Bmnden Ponds JM Addition. Thot part the northeasterly 5.00 feet of Lot 4, and the southwesterly 5.00 feet of Lot 5, said Bock 1, which lie Proposed Additional Oroinage and Utility Easement northwesterly of the southeostev/y 10.00 feet of said Mock An easement for dioinoge and utility purposes over, 1, and which /is southeostedy of a line drown paroled with under and across the southerly 20.00 feet of the and 5.00 feet southeasterly of the northwesterly Line of northerly 25.00 feet of Lot 5, Block I, Breeden Ponds said Lot 4 and its northeasteAy extenawn. ,yd Addis_ DEMAR.S-GABRIEL I ^grab' oaday arot e:a sv.vq. flan or rapod wn pnpwm by ma La\'D .SURVEYORS, INC. ''a'dar � dP s vun and thin i . a may ft ortwae Lase 13"s e 'or �'r the the Shot` of w`�`mto CERTIFICATE Suits Washington Ave, so. C"4C, Rod- sllae 209 i/AVK/�. Edina. MN 55439 Dodd E. Crook OF SURVEY Phone:(952) 767-0487 xeM Fox: (952) 767-0490 D� 12/1a/os 1•-20' 11M. Fp W. 224I4 kW rxmdM with ndtFwrirwv trial wwwim www rMHartnry mm LEGAL DESCRIPTION: LOTS 4 Q 5, BLOCK 1, BRENDEN PONDS 3RD ADDITION - r •r1g ^ _ q3 u p o T +aw u�bewn 25' ins 11-10, � Covrmf-. LOT I ORAINOE & UTILITY EASEMENT TO BE 11AG4TED LOT 4 WESIERL� LINE of Document No. OFFICE OF THE REGISTRAR OF TITLES T 174460 CARVER COUNTY, MINNESOTA Receipt # Cert.9 33709 Fee: $46 00 Certified Recorded on 3/8/2010 IIIIIIIIIIIIIIII III CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 10-01 at 12:30 El AM yPM Carl W. Hansom, Jr. Registrar of Titles 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 Adjustments and Appeals approves Planning Case 10-01 for a variance to use a single-family dwelling as a two-family dwelling on property zoned Single -Family Residential (RSF). 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 as follows: Lots 4 & 5, Block 1, Brenden Pond 3rd Addition 3. Condition. The variance approval is subject to the following conditions: 1. The applicant shall apply for a Buildin� Permit. 2. Lots 4 & 5, Block 1, Brenden Pond 3 Addition shall be combined into a single zoning lot. 3. The internal easements between Lots 4 & 5, Block 1, Brenden Pond P Addition shall be vacated. 4. The exterior of the home shall maintain a single-family appearance (single driveway, single main entrance, etc.) 5. The second dwelling unit above the garage may only be accessed from the interior of the main house. 6. Separate utility services may not be established. 7. The structure must comply with Minnesota State Building Code. 1 SCANNED N 8. The site must comply with all zoning requirements of the Chanhassen City Code. 9. Neither dwelling unit may be rented. 4. Lam. 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 19, 2010 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: VI A �Tjhhoomas A. Furlong, Mayco 2 kv AND: 1 Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this / fday of 2010 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhasien, 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 �'",. E, KAREN J E�"-�ELHARDT �'��� Nota Public -Minnesota My Co Issron Eaeres Jan 31. 2015 y� Document No. OFFICE OF THE REGISTRAR OF TITLES T 174451 CARVER COUNTY, MINNESOTA Receipt # Cert. # 33709 Fee: $46.00 Certified Recorded on 3/8/2010 at 12:30 ❑ AM VO PM ad - Registrar r trar of Titles CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ZONING LOT DESIGNATION The fee owners of Lots 4 and 5, Block 1, Brenden Pond P Addition, PID 25-1470040 and 25-1470050, Carver County Minnesota (collectively "The Lots") have requested that The Lots be combined as a single lot for zoning and building purposes (25-1470040). The Lots are hereby designated as a single Zoning Lot pursuant to Chanhassen City Code § 20-903. Interior lot lines within the Zoning Lot shall be disregarded in applying setbacks, other zoning requirements and building code requirements. The Lots may not be conveyed as separate lots. The Zoning Lot may not be subdivided without complying with the City of Chanhassen's subdivision regulations. The Zoning Lot must have a single tax identification number. This Zoning Lot Designation shall be recorded against the title to The Lots. CITY OF CHANHASSEN BY: Kate Aanenson, Community Development Director STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this q day of Ce brua Irq 20 t o , by Kate Aanenson, the Community Development Director of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the municipal corporation. N ARY PUBLI ° KIM T. MEUWISSEN e Notary Public -Minnesota My Commission Expires Jan 31, 2015 149207v01 RNK:12116/2009 City Clerk's Certification Pursuant to M.S.272.162 The undersigned hereby certifies: (Check one of the following:) VThat City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: ��%%��//o y puty Chanhassen City Cleric Printed Name: awe k iU �C rte5 C)-I2 u4dz� +W, O lots P LIB STATE OF MINNESOTA (ss. COUNTY OF CARVER PROPERTY OWNERS: Alfredo Penteado III Fes,: Candyc enteado The foregoing instrument was acknowledged before me this `� � day of e%Yuar 120 l 0 , by Alfredo Penteado III and Candyce Penteado, property owners. DRAFTED BY: CAMPBELL KNUTsoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 RNK NO AR L1C KIM T. MEUWISSEN Notary Public -Minnesota My cp Mssipn Expires Jan 31, 2015 149207vo1 RNK:12t1612009 2 Document No. OFFICE OF THE REGISTRAR OF TITLES T 174305 CARVER COUNTY, MINNESOTA Receipt It Cert # 33709 Fee $46.00 Certified Recorded on 2/23/2010 at 09:00 VIAM ❑ PM 174305 �-,^ HIMIIIIIIII III (�CReg stray of Hanson, (reservedfor recording informnlion) GRANT OF PERMANENT EASEMENT FOR PUBLIC DRAINAGE & UTILITY PURPOSES ALFREDO L. PENTEADO, III and CANDYCE J. PENTEADO, husband and wife, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Certificate of Survey. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. The easement premises may not be paved for use for as a trail, street or for similar purpose. 14%11 v02 j CHAN/PecrEADo D&U EAsmT SRN:r02/02f2010 (Lots 4&5, BIk 1, Brenden Pond 3rd Add.) SCANNED The above named Grantors, their successors, heirs, and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. /� IN TESTIIMI-O,N.,Y- WHEREOF, the Grantors hereto have signed this easement this '�I day of Y�2010. qr• ''jam I �� 11 VF- %ii%�� r �r� STATE OF MINNESOTA ) COUNTY OF ( _r ( ss.) The foregoing instrument was acknowledged before me this L14 h day of 6eb&Larq 12010, by ALFREDO L. PENTEADO, III and CANDYCE J. PENTEADO, husband and x4ife. DRAFTED BY: CAWBELL KNUISON Professional Association 317 Eagandale Office Center .380 Corporation Center Curve Cagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:ms 149611v02 SRNr02/02/2010 ywt . \ NO ARY PUBLIC KIM T. MEUWISSEN Notary Public -Minnesota MY Uammissiori Expires Jan 31, 2015 2 CRAN/PENTEAno D&U EASMT (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) EXHIBIT `A" TO GRANT OF PERMANENT EASEMENT EASEMENT DESCWnON(S) A permanent easement for drainage and utility purposes over, under and across the southwesterly 10.00 feet of the northeasterly 15.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. A permanent easement for drainage and utility purposes over, under and across the southerly 20.00 feet of the northerly 25.00 feet of Lot 5, Block 1, Brenden Ponds 3rd Addition. [TORRENS PROPERTY-- Certificate of Title No. 33709] 14%] 1 v02 3 CHAN/PDnEADo D&U EAsmT SRN:N2J02/2010 (Lots 4&5, Bik 1, Brenden Pond 3rd Add.) MORTGAGE HOLDER CONSENT TO EASEMENT CORNERSTONE BANK, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated April 21, 2008, and recorded April 29, 2008 as Torrens Document No. T166734 with the office of the County Registrar of Titles for Carver County, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Permanent Easement. 1 ' �. I •ill -�ts- olw+x lbt fCd�� STATE OF YUMWMZ�k ) KIMBERLY B. KAYS Notary Public (ss. State of North Dakota COUNTY OF C a�SS ) My Commission Expires April 5, 2013 The foregoing instrument was acknowledged before me this 2010, by fe-c e- apd -ley t its behalf DRAFTED BY: CAwBaL RNtrrsoN Professional Association 317 Eagandale Office Center 1380 Corporation Cuter Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:ms � day of 1 P, the of Cornerstone Bank, on 149611v02 4 CHAN/PENTEADo D&U EASMT SRN:r02/02/2010 (Lots 4&5, Blk I, Brenden Pond 3rd Add.) MORTGAGE HOLDER CONSENT TO EASEMENT GESTACH & PAULSON PARTNERSHH', which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated April 21, 2008, and recorded April 29, 2008 as Torrens Document No. T166735 with the office of the County Registrar of Titles for Carver County, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Permanent Easement. GESTACH & PA ON PARTNERSHIP B� Its ?AL%.r flC STATE OF NHNNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this i� day of rkc 2014?, by 1�(r u�ei� _ �� e�s�t� c L� . and- by (Vile �L arld- of Gestach & Paulson Partnership, on its behalf. N Y PUBLIC DRAFTED BY: CAWBt u. KNUTSON ProfessionalAssociation 317 Eagandale Office Center 1380 Corporation Center Curve y ,y �Ep,N M. STECKLING Eagan, Minnesota 55121 Telephone: (651)452-5000 Notary pOWic-Minnesota SRN:rns ty �,,.,rdon E�Med �^ 31, ztna 149611v02 5 CHAN/PofrEADo D&U EASMT SRN:r02/02/2010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) EASEMENT VACATION EXHIBIT S 89'01 05" E 973J rm nemadw PREPARED FOR: GESTACH PAULSON LEGAL DESCRIPTION. LOTS 4 & 5, BLOCK 1, BRENDEN PONDS 3RD ADDITION ® MUCE & an/Ir EASEMENT TO BE VACATED 101 ly USE pF �S� •• E ' 5693 Q8 550Q 30o LOT 4 0 2 36' � 3Q4r RiZ$ QOr� Pp�QS R45Q 900 fig 52 05 E pF Blp N LAKE R�� �It�E S � pV Proposed free Preservation Easement: �� S An easement for tree preservation pupsover oseand RENSED: 2(1)_ across the northerly 25.00 feet of Lot 5, Block 1, RENSED: 2/01110 a1/fa (2) Brenden Ponds 3rd Addition. Easement to be ✓acated. The drainage and utility easements as dedicated in Block 1, Bienden Ponds 3rd Addition which are described as follows: That port the northeastery 5.00 feet of Lot 4, and the southwesterly 5.00 feet of Lot 5, said Block 1, which lie northwesterly of the southeasterly 10.00 feet of said Block 1, and which lie southeastery of a line drawn parallel with and 500 feet southeasterly of the northwestery line of said Lot 4 and its northeasterly extension. Proposed Additional Orainoge and Utility Easement: An easement for drainage and utility Purposes over, under and across the southwesterly 10.00 feet of the northeastery 15.00 feet of Lot 5, Block 1, Brendan Ponds 3rd Addition. Proposed Additional Drainage and Utility Easement An easement for drainage and utility purposes over, under and across the southery 20.00 feet of the northerly 25.00 feet of Lot 5, Block 1, Brendan Ponds Sn1 Addition. DEMARS—GABRIEL I hrmy aer* that Ma a ,, pion r report was Wnpored by „n LAND SURVEYORS, INC. 1 ndr'n, dk s r.Ieian o� that I am o d* RegiMwed Land Surwyv under the Lave of M State of Wn.ta. 6875 Washington Ave, So. i1/1l� Suite 209 �AA//CC Edina, MN 55439 Donid E Crook Phone:(952) 767-0487 Fax: (952) 767-0490 L . 12/18109 3 e ` CERTIFICATE ok-Poy _�. OF SURVEY Minn. Re, ft. 22414 I 1 'p PDF created With polFactory trial version WWW.OdRactorv.can CARVER COUNTV RECORDER/REGISTRAR OF TITLES DOCUMENT COVER PAGE Document No. OFFICE OF THE REGISTRAR OF TITLES T 174964 CARVER COUNTY, MINNESOTA Receipt # Cert.# 33709 Fee: $46.00 Certified Recorded on 4/272010 174954 11111111111 at 09:00 pAM ❑ pM Carl W. Hanson, Jr. Registrar of Titles DOCUMENT TITLE: DOCUMENT DATE: NAMES: FsR SCANNED CONSENT TO EASEMENT BY MORTGAGE HOLDER M&I BANK F.S.B., a Federal savings bank organized and existing under the laws of the United States of America, which holds a mortgage on all or part of the property more particularly described in the attached Grant of Permanent Easement from Alfredo L. Penteado III and Candyce J. Penteado, husband and wife, in favor of the City of Chanhassen, Minnesota; said mortgage is dated February 16, 2010 and recorded with the Carver County Registrar of Titles Office on February 16, 2010 as Document No. T174253, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the attached Grant of Permanent Easement. M&I BANK F.S.B. Its uawe yam, AND Air t--� .0-t, c/-, Its STATE OF NIMNESOTA ) (ss. COUNTY OF Aida&e-- ) The foregoing inst nment w/� acknowledged beforem� this Aa? � day of k r e4X— by `lily/gOPet %�. OOSa/l; and by 9Yd6, e me ///ce �esitdeds` and .561:rt nT //i�P �Psi�1e+/t of M&I Bank F.S.B., a Federal savings bank organized and existing under the laws of the United States of America, on behalf of the bank. DRAFTED BY: CAMPBELL KNtnsoN Professional Association 17 Eagandale Office Center 1380 Cotpomtion Center Gave Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:ms 14%] 1v02 CHAN/Penteado D&U Easmt SRN:03/022010 (Lots 4&5, Blk 1, Brenden Pond 3rd Add.) The contents of this file have been scanned. Do not add anything to it unless it has been scanned. CITY OF CHANH•SEN 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 OF TRANSMITTAL DATE JOB NO. 2/23/10 10-01 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 2/4/10 10-01 Zoning Lot Designation for Lots 4 & 5, Block 1, Brenden Pond 3` Addition Alfredo & Cand ce Penteado THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Corrected to include City Clerk's Certification. COPY TO: t copies for approval copies for distribution corrected prints 227-1107 If enclosures are not as noted, kindly notify us at once. SCANNED C]TY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, M NNESOTA ZONING LOT DESIGNATION The fee owners of Lots 4 and 5, Block 1, Brenden Pond P Addition, PID 25-1470040 and 25-1470050, Carver County Minnesota (collectively 'The Lots") have requested that The Lots be combined as a single lot for zoning and building purposes (25-1470040). The Lots are hereby designated as a single Zoning Lot pursuant to Chanhassen City Code § 20-903. Interior lot lines within the Zoning Lot shall be disregarded in applying setbacks, other zoning requirements and building code requirements. The Lots may not be conveyed as separate lots. The Zoning Lot may not be subdivided without complying with the City of Chanhassen's subdivision regulations. The Zoning Lot must have a single tax identification number. This Zoning Lot Designation shall be recorded against the title to The Lots. CITY OF CHANHASSEN BY: Kate Aanenson, Community Development Director STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this q 4-h day of lrebruit fy , 20 i a , by Kate Aanenson, the Community Development Director of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the municipal corporation. N Y PUBLI 149207v01 RNK:I2116l2009 dew., K=ta N 'MY City Clerk's Certification Pursuant to M.S.272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: —2 J /o ey N IV.< a� my Chanhassen City Clerk Printed Name -/Irvre% dJ iCies U v.re U rclvr C� �ir�a1t l� 1k FA STATE OF N 1NNFSOTA (ss. COUNTY OF CARVER PROPERTY OWNERS: 8 Alfredo Penteado III Candyc enteado The foregoing instrument was acknowledged before me this `Y 441 day of �e bYLka(q 2C tt o , by Alfredo Penteado III and Candyce Penteado, property owners. DRAFPED BY: CAMPBFu KNU MON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 RNK NO AR LRL3BLIC KIM T. MEUWISSEN to Notary Public -Minnesota My Commission Lxpre Jan 31, 2015 149207v01 RNK-12/16/2009 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, 111 Alina Schwartz Samuel J. Edmunds Marguerite M. McCarro 1380 Corporate Center Curve Suite 317 • Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com 0 CAMPBELL KNUTSONCF CHANT Acp Professional Association AECEIVEr RR! Direct Dial. (651) 234-6122 E-mailAddress. snelson@ck-law.com Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 February 11, 2010 FEB 1 8 2010 -HANHASSEN aLACNiNG DEp' +-to 1 b [Ulc. CHANHASSEN PIAINMNG DEP' DOCUMENTS ➢ Zoning Lot Designation for Penteado Property (Lots 4&5, Block 1, Brenden Pond 3rd Addition) Dear Kim: Per our telephone conversation this afternoon, I am enclosing and returning to you the Zoning Lot Designation for the Penteado property described as Lots 4 and 5, Block 1, Brenden Pond 3rd Addition. Please see that a City Clerk's Certification is affixed to it like you did for the Colford Zoning Lot Designation, and then return it to me. SRN:ms Enclosure Regards, CAMPBELL KNUTSON Professional Association B - „A.,��� a S san R. Nelson, Legal Assistant CITY OF CHANHASEN 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 OATRANSMITTAL DATE JOB NO. 2/4/10 10-01 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 2/4/10 10-01 Zoning Lot Designation for Lots 4 & 5, Block 1, Brenden Pond 3` Addition Alfredo & Cand ce Penteado THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS COPY TO: Fred & Candyce Penteado ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED: (952)227-1107 If enclosures are not as noted, kindly notify us at once. 0 CITY OF CHANHASSEN 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 OF TRANSMITTAL DATE JOB NO. 2/4/10 10-01 ATTENTION Sue Nelson RE: Document Recording X Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 2/4/10 10-01 Zoning Lot Designation for Lots 4 & 5, Block 1, Brenden Pond 3` Addition Alfredo & Cand ce Penteado THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS COPY TO: Fred & Candyce Penteado ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return X For Recording ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED: copies for approval copies for distribution corrected prints (952)227-1107 If enclosures are not as noted, kindly notify us at once. SCANNED E CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ZONING LOT DESIGNATION The fee owners of Lots 4 and 5, Block 1, Brenden Pond P Addition, PID 25-1470040 and 25-1470050, Carver County Minnesota (collectively "The Lots") have requested that The Lots be combined as a single lot for zoning and building purposes (25-1470040). The Lots are hereby designated as a single Zoning Lot pursuant to Chanhassen City Code § 20-903. Interior lot lines within the Zoning Lot shall be disregarded in applying setbacks, other zoning requirements and building code requirements. The Lots may not be conveyed as separate lots. The Zoning Lot may not be subdivided without complying with the City of Chanhassen's subdivision regulations. The Zoning Lot must have a single tax identification number. This Zoning Lot Designation shall be recorded against the title to The Lots. CITY OF CHANHASSEN BY: 6h Kate Aanenson, Community Development Director STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this q 4,h day of �e brua ej, 20 10 by Kate Aanenson, the Community Development Director of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the municipal corporation. N Y PUBLI 149207vO1 RNK: 12/16/2009 3 `—'� KIM T. MEUWISSEN o Notary Public -Minnesota My Commission Explras Jan 31. 2016 SCANNED PROPERTY OWNERS: Alfredo Penteado III Candyc enteado STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this L4 441 day of �_AvUaf 2010 , by Alfredo Penteado III and Candyce Penteado, property owners. DRAFTED BY: CAMPBELL KNursoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 RNK NO AR LIC KIM T. MEUWISSEN Notary Public -Minnesota ^K �MVCommis Expires Jan 31, 2015 149207v01 RNK:12/16r2009 2 It CITY OF CHANHAISEN 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 OF TRANSMITTAL DATE JOB NO. 2/1 /10 10-01 ATTENTION Sue Nelson RE: Document Recording E Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 1/19/10 10-01 Penteado Variance Lots 4 & 5, Block 1, Brenden Pond 3` Addition THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Foryouruse ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS COPY TO: Candyce & Fred Penteado ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections E For Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED: Kim euwis n,(952)2 7-1107 SCANNED If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 10-01 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 Adjustments and Appeals approves Planning Case 10-01 for a variance to use a single-family dwelling as a two-family dwelling on property zoned Single -Family Residential (RSF). 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 as follows: Lots 4 & 5, Block 1, Brenden Pond 3'a Addition 3. Condition. The variance approval is subject to the following conditions: 1. The applicant shall apply for a BuildinS Permit. 2. Lots 4 & 5, Block 1, Brenden Pond 3 Addition shall be combined into a single zoning lot. 3. The internal easements between Lots 4 & 5, Block 1, Brenden Pond Yd Addition shall be vacated. 4. The exterior of the home shall maintain a single-family appearance (single driveway, single main entrance, etc.) 5. The second dwelling unit above the interior of the main house. garage may only be accessed from the 6. Separate utility services may not be established. 7. The structure must comply with Minnesota State Building Code. E 8. The site must comply with all zoning requirements of the Chanhassen City Code. 9. Neither dwelling unit may be rented. 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 19, 2010 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: 1 Thomas A. Furlong, May AND: 4 'j- P-) Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this // fday of 2010 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhasgen, 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 KAREN J. ENGELHARDT . Notary Public -Minnesota My Co IsSian Expires Jan 31, 2015 2 M CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952,227.1110 Building Inspections Phone: 952.227.1180 Fax: 952227.1190 Engineering Phone, 952.227.1160 Fax:952.227.1170 Finance Phone: 952,227.1140 FML 952.227.1110 Park & Recreation Phone:952.227.1120 Fax:952.227,1110 Recreation Coder 2310 Coulter Boulevard Phone:952.227.1400 Fax: 952.227.1404 Ong & Naknrd Resources Phone:952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Sonia Cerda Phone:95'z 227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassennn.us January 25, 2010 Candyce & Fred Penteado 10001 Indigo Drive Eden Prairie, MN 55347 Re: Variance to use a single-family dwelling as a two-family dwelling Planning Case #10-01 Dear Mr. and Mrs. Penteado: This letter is to formally notify you that on January 19, 2010, the Chanhassen Planning Commission approved a variance to use a single-family dwelling as a two-family dwelling on property zoned Single -Family Residential (RSF) located on Lots 4 & 5, Block 1, Brenden Pond 3 d Addition, Planning Case #10-01. The variance is subject to the following conditions: 1. The applicant shall apply for a Building Permit. 2. Lots 4 & 5, Block 1, Brenden Pond Td Addition shall be combined into a single zoning lot. 3. The internal easements between Lots 4 & 5, Block 1, Brenden Pond 3'd Addition shall be vacated. 4. The exterior of the home shall maintain a single-family appearance (single driveway, single main entrance, etc.) 5. The second dwelling unit above the garage may only be accessed from the interior of the main house. 6. Separate utility services may not be established. 7. The structure must comply with Minnesota State Building Code. 8. The site must comply with all zoning requirements of the Chanhassen City Code. 9. Neither dwelling unit may be rented. The variance is valid for one year from the approval date. A building permit must be applied for prior to January 19, 2011 through the City's building department. If you have any questions, please contact me at 952-227-1132 or by email at akairies @ci.chanhassen.mn.us. Sincerely, Aaqi� Angie Kairies Planner I ec: Jerry Mohn, Building Official Building Permit File gAplan\2010 planning cases\l"I penteado variance 6739Inmden cavtVener of approval.doc SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow r� u CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION Application of Candyce & Fred Penteado for a variance to use a single-family dwelling as a two- family dwelling on property zoned Single Family Residential (RSF) — Planning Case No. 10-01. On January 19, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application Candyce & Fred Penteado for a variance to use a single-family dwelling as a two-family dwelling on property zoned Single Family Residential (RSF), located at 6739 Brenden Court, Lots 4 & 5, Block 1, Brenden Pond 3ro Addition. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2 — 4 units per acre). 3. The legal description of the property is: Lots 4 & 5, Block 1, Brenden Pond Yd Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. There is a demonstrated need based upon disability, age or financial hardship. Finding: The applicant's mother/mother-in-law currently lives by herself four hours away, in Detroit Lakes and is experiencing health issues. The applicant is concerned with the financial burden of outside long -tern care. They want her in their home in case of emergencies related to her health and well-being. They believe they are her only option for long-term care and housing while maintaining her independence. b. The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. Finding: The exterior design of the home will have the appearance of a single-family dwelling; there is one main entry and one driveway leading to the proposed four -car garage, which will accommodate all vehicles. There is a stairway accessing the space above the garage which is located off of the mudroom in the main house. Access to the mudroom is gained either from within the garage or through the main front door of the proposed home. SCANNED There is a service door located on the east side of the garage, which faces Brenden Court. This entrance is located on the opposite side of the garage to the main house and mudroom. This would not function as a separate entrance into the home as the service door is located on the opposite side of the garage to the main house and mudroom. The homeowner would have to walk the width of the garage around the vehicles to enter the mudroom. Additionally, as stated by the applicant, the four car garage will accommodate all vehicles; therefore, their mother/mother-in-law would already have accessed the garage. c. Separate utility services are not established (e.g. gas, water, sewer, etc.). Finding: Separate utility services will not be established. d. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. Finding: The request is consistent with the criteria outlined in the city code and will therefore not adversely affect the health, safety or welfare of the resident of the city or the neighborhood. The site will maintain the appearance of a single-family dwelling including a single driveway, main entrance. 5. The planning report #10-01, dated January 19, 2010, prepared by Angie Kairies, et al, is incorporated herein. ACTION The Chanhassen Planning Commission, as the Board of Adjustments and Appeals, approves a variance to use a single-family dwelling as a two-family dwelling on property zoned Single Family Residential (RSF) located on Lots 4 & 5, Block 1, Brenden Pond 3`d Addition, Planning Case #10-01. ADOPTED by the Chanhassen City Council on this 19d' day of January, 2010. CHANHASSEN PLANNING CONMUSSION BY: Its Chair GAPLAN\2009 Planning Cases\09-17 2111 Pinehurst Drive VarianceNC Findings of Fact.doc Fa CHANHASSEN PLANNING COMMISSION REGULAR MEETING JANUARY 19, 2010 Chairwoman Larson called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Kathleen Thomas, Debbie Larson, Mark Undestad, Denny Laufenburger, Dan Keefe, and Tom Doll MEMBERS ABSENT: Kevin Dillon STAFF PRESENT: Kate Aanenson, Community Development Director; and Bob Generous, Senior Planner PUBLIC HEARING: PENTEADO VARIANCE: REOUEST FOR A VARIANCE TO USE A SINGLE FAMILY DWELLING AS A TWO-FAMILY DWELLING ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) LOCATED AT 6739 BRENDEN COURT. APPLICANT: CANDYCE & FRED PENTEADO, PLANNING CASE 10-01. Public Present: Name Address Candyce & Fred Penteado Jameson & Sarah Ritter David Gestach Troy Bader & Gina Sauer 6739 Brenden Court 1809 Freedom Lane 200 Chestnut Street, Chaska 2244 Lake Lucy Road Kate Aanenson presented the staff report on this item. Larson: We'll start with Kathleen. Anything? Thomas: Um, I just trying to think if I do. Did this get flagged when they pulled the permit for the house? Is that what happened? Aanenson: I'm sorry, what? Thomas: Did this get like, did they get, or that you need the permit, did it get flagged like when they pulled the permit to build? Aanenson: That's correct. Thomas: ...would happen. Aanenson: Well yeah and also they saw that. SCANNED Chanhassen Planning Commission — January 19, 2010 • Thomas: They had the extra refrigerator and all that? Aanenson: Yep. Thomas: Okay. That's all I wanted to know. Larson: Okay. How about you Denny. Laufenburger: Thank you. I appreciate you getting the information on those other homes and I do have one question. Regarding, you said that this will be a combination of Lot 4 and Lot 5. The utility easement will be vacated between there. So does that mean that this single family home will be the only home that will get built on the combined lots 4 and 5? Aanenson: That's correct. Once they're combined, if they were to separate them again, they'd have to come back through a subdivision process. Laufenburger: Okay. Aanenson: It could be done administratively but it'd have to meet the underlying zoning district so however that house sits on the lot, the lot line on that back lot may have to be adjusted. If for some reason that lot in the back wanted to, they'd still have to meet the underlying 15,000 square feet and have to be a straight, so it'd have to meet that criteria. Larson: Tennis courts. Aanenson: Right, but once they're combined then there would be another process to go back through it. Yeah. Laufenburger: Okay. That was my questions. Larson: Okay. And to you Tom. Doll: No questions. Undestad: No. Larson: Dan. Keefe: Just a quick one. Just on the orientation of the house. It's a Brenden Court address, right? Actually the Lake Lucy elevation looks like it wants to come off the Lake Lucy. Just out of curiosity. Aanenson: I think the way the garage is represented in the artist rendering isn't really true. If you look at the garage in this picture, it is more of a flat garage so I think the architectural rendering was a little deceptive. 2 031141A�, a Chanhassen Planning Comm ssion —January 19, 2010 • Keefe: And then, so there could be another house built on that adjacent lot, is that or not? Aanenson: No. What we're doing is combining the two. Keefe: Yeah, so it will be one lot. Aanenson: That's correct. Keefe: Okay. Aanenson: And that is a condition of approval too. That the two lots. Larson: The only question I have is kind of regarding the lot two doors over to the right, if you're looking at the map. That aerial map. Is that an outlot or is that a lot that will be built on at some point? That real long stretch. Generous: The City owns. Larson: It's City owned. Okay. Alright. Well that's all I have. Have we got an applicant? Would you please step up to the podium. State your name and address. Candyce Penteado: I'm Candyce Penteado. We are the property owners of 6739 Brenden Court and this is my husband Fred Penteado and our daughter Olivia. Would you like us to just sort of walk through our thoughts about the variance process? Larson: Sure. Candyce Penteado: Or answer questions. Larson: Yeah, why don't, if you want to just give us a brief summary, that'd be fine. Candyce Penteado: Okay. When we went to pull permits for this lot we were informed that we had a variance request from the City that we are qualifying as a multi -family home. Well certainly we see ourself as a single family with my mom. This is a process that we wanted to comply with and do the right thing and so we are applying for this variance and we had asked the City about not just the letter of the law, which we had, or the policy which we walked through in the letter that I wrote hopefully saying how our home does not have separate utilities. Maintains one private entrance. One driveway. Car, a garage stall for every vehicle and is not endangering the health and welfare of our neighbors or our community. We also asked about the spirit or the intention. What's the concern of having our mother-in-law have her own accommodations above the garage and what is the City trying to, why is this policy in place basically. And what they had explained was just the fact that, Sharmeen had used the example of in a college community or something like that where you have sort of this transient feel to a home where it's able to be used by multiple people without accountability for the real estate or the property and certainly that's not the intention of how we're using that land. It's really just to provide my mother with 3 Chanhassen Planning Commission — January 19, 2010 • independent living within our home and that was sort of the spirit of our usage and we have a condition included in here with this variance that no part of this property could ever be rented and that would be regardless of if we live there or anybody else lives there, which I think would be a concern if I lived in this neighborhood. Is that you know are they trying to build a rental property in this space and that is certainly not our purpose so we really hope that we've established criteria that would make you feel comfortable with both the spirit and the letter of this variance request. Larson: Okay. You guys got any questions? No? Okay, thank you very much. Okay with that I will open the public hearing. If there's anybody in the audience that would like to come up and say something. Troy Bader: Troy Bader. My wife and I, her name is Gina Sauer. We have at 2244 Lake Lucy Road so we would actually be just adjacent to Lot 5. Really what we have is, we love the idea of what they're doing in terms of combining the lots. We like the idea and absolutely respect what the applicants want to do in terms of caring for their mother and mother-in-law. I think that's great. We just actually have questions and actually they hit on a primary concern and that is, what they're doing is great but the question becomes the future. Once a variance is changed, the zoning is changed, it's permanent. The applicants may not own the home. Their situation could change at some point in the future and our primary concern is, what happens in the future? What protections are there? What legitimate protections can be provided to us and for the community really to make sure that this doesn't become a rental property. That's our primary concern because the character of this neighborhood can change significantly and very quickly if in fact the situations that the applicants have becomes one that there is somebody else living there. Then it does become rental and what was a single family neighborhood with some homes that are at a level that people made some fairly significant investments. Chose the community for reasons that it was a single family residential neighborhood has now changed. That's our primary concern and I don't know what protections. There was a comment about putting a restriction on that would prohibit rentals. I don't know if that's appropriate. If I can get some assurance from the City then in fact that that type of restriction is legitimate, would be enforceable such that it would protect the neighborhood into the future, fantastic. We'd feel good about it. I just don't have the answers for that and I guess I'm hoping the city or somebody else could help us with that. Larson: Okay. Would you like to address that? Aanenson: Sure, I'd be happy to answer the question. There are conditions of approval. One is, first of all let me, the staffs point, that also they are making a significant investment in their property too. Whoever buys this one, it's not typically one that you would find would be like a duplex or somebody renting in the fact that we require that they come through the primary entrance. It gives them, whoever it is, ownership to make sure who's living there also is more than likely family related. In the past 20 years we've had, this would be our fourth one so we don't have a preponderance of these. Not to say that there may be somebody renting that doesn't have a license or, but they're going through the right steps. The conditions that are in the staff report is that they apply for a building permit. That they combine the lots. That the exterior of the home remain as a single family, and that's also one of the criteria too so there's the one main Cl Chanhassen Planning Co. ssion — January 19, 2010 entrance so again there's that control point for rental so if you have somebody just going in through your basement, there's not the same maybe control. They have to use the same one. Then there's no separate utilities so they're all on one meter and then we do have that they comply with all building codes and that there is a condition in here too that we've already put in there that with a variance these are recorded with the County so it's also being recorded that neither can it may be rented. Troy Bader: And that's, so that will be a condition. Neither unit can be rented so this would have to be more of a family situation? Aanenson: Correct. And again, there's a lot of different ways. If you look at the city code, just to be clear you know, you can have a group home in a residential district. That is also allowed by the State law. Six people living in a group home so there is a lot of different things. The experience that we've had, with having these, we don't see them as a problem for the most part, again the way they're set up because people are making a substantial investment in the home in the way that it's laid out typically. It could be whether it's a special needs child, as I stated earlier. An elderly parent or something like that. We haven't had a problem with those but these will all get recorded at the County Recorders Office so anybody doing a title search on this would find this under the variance. What are my rights with this unit? If someone else, if they were to sell and someone else was to buy this, what rights do I have? Those would appear. Troy Bader: Okay because that's the most important thing to your point, having had problems but you also had indicated earlier, we don't have much experience in the city of Chanhassen with this so we really don't know what happens when it's the second, third owner or maybe another generation and that's the you know, a lot of this covers the front end and that's my concern is I like the fact that there can be a restriction put in. My concern is the enforceability of that down the road because once people are in, there can be a lot of different situations. The fact that utilities aren't separated, all of these type of things. If I actually wanted to rent the property, I could work through most of those things depending on the circumstances. So I guess the key to me is the enforceability of that restriction on future rental of the property. That would give us the comfort that we'd be looking for. That it would more than likely be a family and fairly close family situation, such as that that the applicants have or it could be a child or something but we are very concerned if that's not enforceable, that it is an expensive property. People can get in. It's very easy to supplement that when you have a rental and obviously we have a very different situation in the neighborhood. So I don't know what assurance we can get from anybody or if there's, the attorney for the City, I would just like to know and I guess if you guys say yes it is, you guys have more experience than I do but that's my primary concern. You see how these things go in. It's great at the beginning and then 10 years later, whatever it is, that seems to disappear pretty quickly or is deemed unenforceable and we're right back and the concern that we have now becomes a reality. Larson: Well honestly, just I want to address what you just said. We're not a decision making. Troy Bader: I understand. Chanhassen Planning Commission — January 19, 2010 • Larson: We're just, you know we read the material and we advise based on you know what we see. And so the decision making is at the City Council and the law. Keefe: And the condition that's required as a part of the variance is an enforceable condition... The question is who finds out and then you know ultimately if you were to find out that they were running, you would come back to the city or whoever... Aanenson: And I just want to preface this that whether, I understand your concern and again we've had four of these in 20 years. We haven't had problems with the other ones because people, the people that do this are sincere in their motivation and the people buying them are looking for the same type of, to meet their needs. They're making a substantial investment in the home. To me a larger problem would be somebody just renting their home, which is a problem. That they can't sell it and they rent the home and we don't know who's in there. This, we have a contact person. We have a primary owner so we feel comfortable in managing that part of it. Troy Bader: And I don't think, we don't question the motives of the applicants at all, in any way. We're just saying the applicants may not always be there. That's where my, circumstances change and although we can just look at it today, and I understand we said, I definitely understand. This group isn't going to render a legal opinion. I guess what I would ask and hope is that this committee itself though cares enough about that piece that the question would be asked such that of those that are appropriate, that this is an enforceable restriction on that property. If that's the case then we become, then we're comfortable with the situation. If it's not, then I'm... Aanenson: Let me clarify. Because it is a variance, it gets a majority vote on this, the variance is deemed approved. Only if there's not a majority vote would this go to City Council. And again I have to reiterate, you know we have stated in here and it will be recorded that it can't be rented. Then our only enforcement is if we find out it's rented, then we pursue action, which we would any other one that doesn't meet city code. We'd pursue action on those. Laufenburger: Madam Chair? Troy Bader: I think really that was my concern. Thank you for your time. I very much appreciate it. Laufenburger: Just a moment. Larson: No, well actually questions for Kate. And I'm just playing devil's advocate here. If they needed to say move to Utah and they can't sell their house and they need to rent the entire house, is this stipulation saying that they would not be able to lease out their house to somebody? I mean is that an enforceable thing? Aanenson: What it says is neither dwelling may be rented. Yep. Larson: I see that but is that, is that a legal, is that legal? I don't know if that's legal. 0 Chanhassen Planning Commission — January 19, 2010 • Aanenson: Yep. Laufenburger: It would seem to me Madam Chair that if we stipulate that in the recording of the variance, then that would be the case. Aanenson: Right. Laufenburger: Mr. Bader, is that right? Troy Bader: Yes. Laufenburger: You play an important in this in that, not only you as a citizen but you have heard Kate say that if we hear about something, then we can enforce it. I think it's important to recognize that Chanhassen is a community that looks out for one another and that also means that we look out to see if something's not correct, and my experience, not only as a citizen of Chanhassen but on the Planning Commission is that when citizens are made aware of, or citizens pay attention to what's going on in the neighborhood and they feel like something's not right, it's brought to the City's attention and action is taken. So you've got the role of the enforcement in the variance but it's only when we have knowledge or when the City has knowledge that something is not being handled properly, then we can take action. Troy Bader: Yep, absolutely but I hope the council also understands that's not always the easiest position to take as a neighbor when we're trying to develop relationships and those type of things. Just like it's not fun for us to be here. I think the reality is, this is fine because we're trying to achieve the same goal and I think we all want to put the same protections in. To your point, absolutely we would keep an eye on it and I doubt that there would be any question here. It's just that circumstances change down the road that we're concerned about. But obviously if that does happen and it's not enforceable, that has a significant impact on the value of our home and many of the other homes that are adjacent to it. Thank you. Larson: Thank you. Fred Penteado: If okay just one question. Just a clarification. Larson: Can you state your name? Fred Penteado: Yes, sorry. Fred Penteado, the other owner of 6739 and to Mr. Bader's question, just want to make sure we address. As we met with Angie last week on the planning commission there, in addition to the protections, the current association does restrict rental properties as well so you do have a second layer of protection there. And my understanding, if I understand Angie correctly is to rent in the city of Chanhassen one proactively needs a permit so there would be a prospective view. I'm not sure if that's the City's. Aanenson: That's correct Chanhassen Planning Commission — January 19, 2010 • Fred Penteado: Planning Commission or council issue but I feel like there are several layers of protection there. Larson: Thank you. Alright, is there anybody else? Okay I'll bring it back. Close the public hearing. And what do you think? Keefe: You know I think it's fine. You know happy to see a house go up there. Happy to see people are thoughtful about you know, about the layout of the house and I don't see an issue here. And from what I see of the protection, I think the variance and the statement in the variance is you know without a legal ruling on it, it seems to be pretty strong. Larson: Okay? No? Undestad: No, I'm good Larson: Tom? Doll: Nice to see a house go in there. Larson: Yeah. Laufenburger: Same here. Love development. Thomas: Just fine. Larson: Well I have nothing either. I think it's a beautiful home and I know exactly where it is because I drive by it every Sunday on my way to church. So very nice neighborhood. Okay, well with that I'll request a motion. Anybody want to? Laufenburger: Madam Chair? I move that the Chanhassen Planning Commission as the Board of Adjustments and Appeals approves Planning Case #10-01 for a variance to use a single family dwelling as a two family dwelling on property zoned Single Family Residential, located on Lots 4 and 5, Block 1, Brenden Pond 3 d Addition based on the staff report and adoption of the attached Findings of Fact and Action. Larson: Do I have a second? Thomas: Second. Laufenburger moved, Thomas seconded that the Chanhassen Planning Commission, as the Board of Adjustments and Appeals, approves Planning Case #10-01 for a variance to use a single family dwelling as a two family dwelling on property zoned Single Family Residential (RSF) located on Lots 4 and 5, Block 1, Brenden Pond Yd Addition, based on the staff report and adoption of the attached Findings of Fact and Action. All voted in favor and the motion carried unanimously with a vote of 6 to 0. 'Chanhassen Planning Co• ssion — January 19, 2010 • Aanenson: I just want to state for the record then Madam Chair, if anybody appeals this decisions they have 4 days to appeal so that could be applicant or any of the neighbors. Otherwise the decision rests here unless there's an appeal. Larson: Okay. Alright. PUBLIC HEARING: CROSSROADS PLAZA ADDITION): AND REZONING FROM HIGHWAY AND AND MARKET BOULEVARD (OUTLOT B. CROSSROADS PLAZA ADDITION AND LOT 3, BLOCK 2, FRONTIER DEVELOPMENT PARK). APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 10-02. Public Present: Name Address Dick Klonbeck Investors Real Estate Trust (Owners of West Village Heights Center) Bob Generous and Kate Aanenson presented the staff report on this item. Laufenburger: Can I speak to this, what you're showing us right now? Aanenson: Yes. Generous: Yes. Laufenburger: To me it feels like you're opening up the possibility of space which is now covered for parking could potentially become, I even hate to use this word but almost a kiosk type establishment. I think they're not even present anymore but maybe a small drive thru coffee. Generous: Potentially. Aanenson: Potentially. Or it could be, if you look at the size of, for example Jimmy John's is 1,500 square feet. So that's what we, intensify some of that, maximizing that space and value that we've created in that downtown core and looking at the uses. Meeting with the property PROPOSED MOTION: "The Chanhassen Planning Commission, as the Board of Adjustments and Appeals, approves Planning Case #10-01 for a variance to use a single-family dwelling as a two-family dwelling on property zoned Single -Family Residential (RSF) located on Lots 4 & 5, Block 1, Brenden Pond P Addition, based on the staff report and adoption of the attached Findings of Fact and Action." SUMMARY OF REQUEST: The applicant is requesting a variance to use a single-family dwelling as a two-family dwelling on property zoned Single -Family Residential (RSF). LOCATION: 6739 Brenden Court Lots 4 & 5, Block 1, Brenden Pond P Addition APPLICANT: Candyce & Fred Penteado 10001 Indigo Drive bW Eden Prairie, MN 55347 PRESENT ZONING: Single -Family Residential (RSF). 2030 LAND USE PLAN: Residential -Low Density (1.2 — 4 units per acre) ACREAGE: 0.75 acres 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 subject site is located on the corner of Brenden Court and Lake Lucy Road. The applicant purchased two contiguous parcels which he intends to combine into a single zoning lot and construct a home on it. The proposed home contains a second dwelling unit located above the garage. The applicant's mother/mother-in-law will occupy the space above the garage. This will provide her with independent living while being close to the family. Staff is recommending approval of the variance request. SCANNED n Li r� L Penteado Variance Request Planning Case 10-01 January 19, 2010 Page 2 of 6 ADJACENT ZONING: The adjacent properties are zoned Single -Family Residential (RSF) and contain single-family homes. WATER AND SEWER: Water and sewer service is available to the site. APPLICABLE REGULATIONS Chapter 1, General Provisions. Chapter 20, Division 3, Variances. BACKGROUND The site consists of two lots legally described as Lots 4 & 5, Block 1, Brenden Pond 3"d Addition, which is zoned Single -Family Residential (RSF). Brenden Pond and Addition was platted in 1999 and contained 8 lots and I Outlot. Brenden Pond is located north of Lake Lucy Road, south of Minnetonka Middle School, east of Highway 41 and west of the Pinehurst Subdivision. In the spring of 2008 the applicant purchased Lots 4 & 5, which are located on the comer of Brenden Court and Lake Lucy Road. Prior to construction of the home, at the applicant's request, the lots will be combined into a single zoning lot. 0 Penteado Variance Request Planning Case 10-01 January 19, 2010 Page 3 of 6 A zoning lot is a combination of one or more lots under a single tax identification number, recorded at the County Recorder's office. The interior lot lines within a zoning lot are disregarded when applying setbacks and zoning ordinance standards. A zoning lot may not be subdivided in the future without complying with the city's subdivision regulations. Additionally, the interior drainage and utility easements located on either side of the property line (shown in orange below) located between Lots 4 & 5 are proposed to be vacated prior to construction. As part of the vacation, the City may request additional easements along the north and east property lines on Lot 5. Approval of the variance request to use a single-family dwelling as a two-family dwelling is contingent upon combination of the lots into a single zoning lot and vacation of the internal easements located between Lots 4 & 5. ra ANALYSIS wx uc+xwo The applicant is proposing to construct a second dwelling unit above the proposed garage for their mother/mother-in-law. This will provide her with independent living while being close to the family. The Chanhassen City Code defines a dwelling unit as one or more rooms which are connected together as a single unit constituting complete, separate and independent living quarters for one or more persons, physically separated from any other room or dwelling unit which may be in the same building and containing permanent cooking, eating, sleeping and sanitaryfacilities for the exclusive use of a single family maintaining a household. 0 • Penteado Variance Request Planning Case 10-01 January 19, 2010 Page 4 of 6 City Code prohibits two dwelling units on a single-family residential lot unless a variance is granted by the Board of Appeals and Adjustments. Section 20-59 of the Chanhassen City Code outlines criteria for the use of a single-family dwelling as a two-family dwelling: • Demonstrated need based upon disability, age or financial hardship. • The exterior appearance of a single-family dwelling must be maintained, including a single driveway and building entrance. • The utility services for the home may not be separate. • Will not be injurious to or adversely affect the health, safety or welfare of the resident of the city or the neighborhood. The applicant's mother/mother-in-law currently lives by herself four hours away in Detroit Lakes, and is experiencing health issues. The applicant is concerned with the financial burden of outside long-term care. They want her in their home in case of emergencies related to her health and well-being. They believe they are her only option for long-term care and housing while maintaining her independence. -------------------- ---- The applicant is requesting a variance to convert the space above the garage to a second dwelling unit. The proposed space will consist of a kitchen (refrigerator, range, dishwasher, sink, and cabinets), .� bathroom, bedroom, living space, and washer and dryer. There is a stairway accessing the space above the - - garage located off of the mudroom in the main house. Access to the mudroom is gained through UPPER LEVEL PLAN the garage or the main front door of the home. uear�m _ sar�r ® 0 �� o I etim ., MAIN LEVEL PLAN SCALE: • Penteado Variance Request Planning Case 10-01 January 19, 2010 Page 5 of 6 The exterior of the home will maintain the appearance of a single-family home; there is one main entry and one driveway accessing the four car garage, which will accommodate all vehicles. There is a service door located on the east side of the garage, which faces Brenden Court. It is staff s opinion that the service door will not function as a separate entrance into the second dwelling: • The service door is located on the opposite side of the garage to the main house and mudroom. The homeowner would have to walk the width of the garage around the vehicles to enter the mudroom. • As stated by the applicant, the four -car garage will accommodate all vehicles; therefore, their mother/mother-in-law would already have accessed the garage. Based on these facts, it is staffs opinion that the applicant meets the requirements of the city code to use a single-family dwelling as a two-family dwelling; contingent upon the combination of Lots 4 & 5 and vacation of the internal easements between the lots. Therefore, staff is recommending approval of the variance request. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and adoption of the attached Findings of Fact and Action: "The Chanhassen Planning Commission, as the Board of Adjustments and Appeals, approves Planning Case #10-01 for a variance to use a single-family dwelling as a two-family dwelling on • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION Application of Candyce & Fred Penteado for a variance to use a single-family dwelling as a two- family dwelling on property zoned Single Family Residential (RSF) —Planning Case No. 10-01. On January 19, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application Candyce & Fred Penteado for a variance to use a single-family dwelling as a two-family dwelling on property zoned Single Family Residential (RSF), located at 6739 Brenden Court, Lots 4 & 5, Block 1, Brenden Pond 3rd Addition. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2 — 4 units per acre). 3. The legal description of the property is: Lots 4 & 5, Block 1, Brenden Pond 3.d Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. There is a demonstrated need based upon disability, age or financial hardship. Finding: The applicant's mother/mother-in-law currently lives by herself four hours away, in Detroit Lakes and is experiencing health issues. The applicant is concerned with the financial burden of outside long-term care. They want her in their home in case of emergencies related to her health and well-being. They believe they are her only option for long-term care and housing while maintaining her independence. b. The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. Finding: The exterior design of the home will have the appearance of a single-family dwelling; there is one main entry and one driveway leading to the proposed four -car garage, which will accommodate all vehicles. There is a stairway accessing the space above the garage which is located off of the mudroom in the main house. Access to the mudroom is gained either from within the garage or through the main front door of the proposed home. There is a service door located on the east side of the garage, which faces Brenden Court. This entrance is located on the opposite side of the garage to the main house and mudroom. This would not function as a separate entrance into the home as the service door is located on the opposite side of the garage to the main house and mudroom. The homeowner would have to walk the width of the garage around the vehicles to enter the mudroom. Additionally, as stated by the applicant, the four car garage will accommodate all vehicles; therefore, their mother/mother-in-law would already have accessed the garage. c. Separate utility services are not established (e.g. gas, water, sewer, etc.). Finding: Separate utility services will not be established. d. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. Finding: The request is consistent with the criteria outlined in the city code and will therefore not adversely affect the health, safety or welfare of the resident of the city or the neighborhood. The site will maintain the appearance of a single-family dwelling including a single driveway, main entrance. 5. The planning report #10-01, dated January 19, 2010, prepared by Angie Kairies, et al, is incorporated herein. ACTION The Chanhassen Planning Commission, as the Board of Adjustments and Appeals, approves a variance to use a single-family dwelling as a two-family dwelling on property zoned Single Family Residential (RSF) located on Lots 4 & 5, Block 1, Brenden Pond 3 a Addition, Planning Case #10-01. ADOPTED by the Chanhassen City Council on this 19'h day of January, 2010. CHANHASSEN PLANNING CONBUSSION IM Its Chair GAPLAM2009 Planning Cases\09-17 2111 Pinehurst Drive VariancelPC Findings of Fact.doc CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION YKIN I it Name and Planning Case No. C <-% CITY OF CHANHASSEN RECEIVED DEC 1 8 2009 ;HANHASSEN PLANNING DEF' Owner Name and Address: 15�1/�, Contact: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development olans 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) X 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** -s$50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ , TS� ji-6 L t tO 3-7 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" 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. t PROJECTNAME: 'ferr+ecor' fCesiden(e LOCATION: (9:7-3q L7rz+1Cief) Couxt aS-14-� C)L`4U LEGAL DESCRIPTION AND PID: Se—l' 4;�ac e/L ci L\ 1�' ILYL 1 TOTAL ACREAGE: Acres WETLANDS PRESENT: YES //�� X. NO n PRESENT ZONING: RSnF_ SIn�I! fk6f 6 1 resIderrf W REQUESTED ZONING: '�►vr2 PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON•' • ma . some abbyti,/e /! /A' /, 1 / l! 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 Owners 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. L ;tTv RECSSEN EIVED Signatur6 of Applicant Date DEC 1 S 2009 E-f. l7 199 .'nrytiiSSEN pLANNMG Di Signature of Fee Owner Date GAPLANTF s\Development Review Applic bon.DOC Rw. UD• SCANNED 0 • CITY OF CHANHASSEN December 21, 2009 RECEIVED The City of Chanhassen DEC 1 S 2009 7700 Market Boulvard Chanhassen, MN 55317 i"HANHASSFN aLANNINr- r-.- - TO: The Honorable Mayor, Members of the City Council, and the City Planning Commission FROM: Candyce & Fred Penteado, Property Owners We are applying for a variance regarding the use of a single-family dwelling as a two-family dwelling. In the Spring of 2008 we purchased two lots on the comer of Brenden Court and Lake Lucy Road (6739 Brenden Court). Working with an architect and our builder, Gestach Paulson, we designed a home that included a space above the garage for our mother/mother-in-law —this space is intended to provide her independent living while still being a part of our family. We were not aware of the City s policies related to this matter until recently. We humbly request an exception to your policies in Section 20-59 for the reasons outlined below: Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling. A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be allowed under the following circumstances (1) There is a demonstrated need based upon disability, age or financial hardship. Our mother, who is 59 years old, is a Type 2 diabetic and in relatively poor health. She currently lives alone in Detroit Lakes, MN (a 4 hour drive from her family). With a maximum income of $46,000 per year, she has not been able to save money for her retirement or to invest in long-term care. It is very likely that she will be laid -off in the near future as she works in the mortgage industry and her company continues to struggle in this economy. We are her only option for long-term care and housing, and want her to be in our home in case of emergencies related to her health and well-being. (2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one drivewav and nne main entry. The design of our home currently has one main entry and one driveway. The stairway to the space above the garage is off of the Mudroom in the main house. There is a four -car garage that will accommodate all vehicles. (3) Separate utility services are not established (e.g. gas, water, sewer, etc.). The space above the garage will utilize the same gas, water, sewer and heating system as the main home. There are no separate utilities. (4) The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the nviehhorhond where the property is situated and will be in keeping with the spirit and intent of this rhapter. Because she is only one person, we have no concerns regarding the impact of this decision on the health, safety, or welfare of our neighbors. It is our hope that we have outlined a reasonable explanation regarding the purpose for this variance request If you would like any additional information, please contact us at 952.250.3321 or via email at rancIpent eado@hotmail corn. Sincerely, Candyce Penteado SCANNED I III II , I I ill 101.01, , e ,-0 , v I I V r , • inmiuiui �wLS _ o u —RQE — +1''d fir 51DEUJALK LAKE LUCY ROAD 1. SITE PLAN SCALE: 1 "=40' 0 OF CHANHASSEN RECEIVED DEC 1 8 2009 !;HANHASSFN PLAWNG DEP, SCANNED Ar i rI------------------------------------I 4 - r------ MAIN ENTRY----------------� --------- i BRENDEN COURT ELEVATION SCALE: %8'=1'-0" _._ UPPER LEVEL,. race eR� 0 ,jj ,.I.I"I I DEC 1 S Z009 CHANHASSENPLANNING DEP" SCANNED 9 J C■ LAKE LUCY ROAD ELEVATION SCALE: Y,a"=1'-0" -- ----- _: .. I 9 BACK ELEVATION SCALE: %$'=1'-0" -�� OF CHANHASSEN RECEIVED DEC 1 8 2009 C:HANHASSEN PLANNING DEP' SCANNED SCALE: Y,6'=1'-C' DEC 1 8 200` SCANNED MAIN LEVEL PLAN SCALE: Y,6'=1'-0" CITY OF CHANHASSEN RECEIVED DEC 1 8 2009 CHANHASSEN PLANNING DEPI • SCANNED i STORAGE L----------------------- J rsARAG J—= GARACsE 2Ex2-7 2Ex22 OUP O ° Oil DO MU�ROOM UP lOx8 C) D 7Q O OFFICE 12 x 12 �O PARTIAL MAIN LEVEL PLAN I SCALE: Ye"=1'-0" 0 � F ' z UP w STAIR/ ENTRY Z_ Q UP 0 ANNED • S n Q 9 CITY OF CHANHASSEN RECEIVED DEC 1 S Z009 CHANHASSEN PLANNWG DEPI SCANNED F CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on January 7, 2010, 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 Penteado Variance Request — Planning Case 10-01 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 this II 1*day of 2010. Notary Pu '�...�. ' i Igp--uty Clerk KIM T. MEUWISSEN Noiary Public -Minnesota 0. My Cwrnismn Expires Jan 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 19, 2010 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. Proposal: Request for a Variance to use a single-family dwelling as a two- family dwelling Applicant: Candyce & Fred Penteado Property 6739 Brenden Court 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: at the Meeting: 1. Staff will give an overview of the proposed project. 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.ci.chanhassen.mn.us/serv/plan/10-01.htmi. If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies@ci.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 prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland 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 oommerciaPmtlustrial. • 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 spokespersonlrepresentative 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, lease contact the Plannina Staff person named on the notification. Date & Time- ' Tuesday, January 19, 2010 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. Proposal: Request for a Variance to use a single-family dwelling as a Wv-o- family dwelling Applicant: Candyce & Fred Penteado Property 6739 Brenden Court 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.ci.chanhassen.mn.us/sere/olan/10-01.html. If you wish to talk to someone about this project, please contact Angie Kairies by email at akairies@ci.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 Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alters 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 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. ALFREDO L PENTEADO III CANDYCE J PENTEADO 10001 INDEGO DR EDEN PRAIRIE MN 55347-1205 CLEONE B FOSTER 2275 LAKE LUCY RD CHANHASSEN MN 55317-6706 DANE S & LISA D DOESCHER 6732 BRENDEN CT CHANHASSEN MN 55317-7570 ERIC M & PATRICIA E BURDON 6690 BRENDEN CT CHANHASSEN MN 55317-7560 JOSEPH R COOK & KATHLEEN L HUNTINGTON 6672 BRENDEN CT CHANHASSEN MN 55317-7560 MARVIN P & BARBARA A MILLER 2340 LAKE LUCY RD CHANHASSEN MN 55317-7561 MICHAEL E & ANNE M RYAN 2595 SOUTHERN CT CHANHASSEN MN 55317-7547 SANG C & NHI T KY 6729 BRENDEN CT CHANHASSEN MN 55317-7570 THOMAS & MARY KUHN 6693 BRENDEN CT CHANHASSEN MN 55317-7560 WILLIAM O & KRISTEN K FLANAGAN 6653 BRENDEN CT CHANHASSEN MN 55317-7560 BRUCE & SALLY BARQUIST 2360 LAKE LUCY RD CHANHASSEN MN 55317-7561 CURTIS W & NOELLE W SWENSON 6614 ALDER WAY CHANHASSEN MN 55317-4581 DANIEL C & JANE A MCKOWN 2171 PINEHURST DR CHANHASSEN MN 55317-4579 HERBERT M & DONNA M HILLMAN 6716 BRENDEN CT CHANHASSEN MN 55317-7570 KENNETH F & KRISTEN L THATCHER 2219 LAKE LUCY RD CHANHASSEN MN 55317-6706 MARY ANN OLSON 2249 LAKE LUCY RD CHANHASSEN MN 55317-6706 MICHAEL L & AMY C DEGENEFFE 6654 BRENDEN CT CHANHASSEN MN 55317-7560 STEPHEN J & LAURIE A KERKVLIET 2201 LAKE LUCY RD CHANHASSEN MN 55317-6706 TONKA DEVELOPMENT LLC ATTN: MARY 18001 HIGHWAY 7 MINNETONKA MN 55345-4150 ZHIJUN WANG & YOUFEI WU 2237 LAKE LUCY RD CHANHASSEN MN 55317-6706 BRUCE S & HELEN TERESA SMITH 9 HAWKINS DR NORTHPORT NY 11768-1527 DAN V & CYNTHIA M SEEMAN 6673 BRENDEN CT CHANHASSEN MN 55317-7560 DON W & CHRISTINE A ANTHONY 6700 BRENDEN CT CHANHASSEN MN 55317-7570 JOHN G II & BARBARA K JACOBSON 6719 BRENDEN CT CHANHASSEN MN 55317-7570 KIMBERLY K GOERS 6709 BRENDEN CT CHANHASSEN MN 55317-7570 MICHAEL D & DEBRA H ANDERSON 6681 AMBERWOOD LN CHANHASSEN MN 55317-4582 PLOWSHARES DEVELOPMENT LLC 1851 WEST LAKE DR #550 CHANHASSEN MN 55317-8567 STEPHEN M & HEATHER L PINT 6750 BRENDEN CT CHANHASSEN MN 55317-7570 TROY A BADER & GINA SAUER 2244 LAKE LUCY RD CHANHASSEN MN 55317-6706 Kairies, Angie From: Todd.Michels@kemin.com Sent: Monday, January 11, 2010 3:47 PM To: Kairies, Angie; City Council Subject: 6739 Brendan Court - Variance Request Attachments: ATT00002.gif Dear City of Chanhassen Planners, Council Members and Mayor Furlong - As a nineteen -year resident of Chanhassen I respectfully request that the variance request be denied (pertaining to 6739 Brendan Court.) Maintaining intended zoning is just one item that has made Chanhassen a great place to reside. Granting said variance would do nothing to improve the City in general, nor this area of Chanhassen specifically. It would set a bad precedent for the City and Zoning laws. My sense is that Council will not approve the variance, however, I wanted to take a moment and let you know my feelings on the matter. I would appreciate knowing whether any of you are intending to support said variance request. Thank you for reading my email and for your service to the City of Chanhassen. Todd Michels I Key Account Manager I Commercial Team C��O Kemm in AgriFoods North Aerica -0 2436 Highover Trail, Chanhassen, MN 55317, USA ISSHBEG OOLLEULIA SOLUTIOIIS- j o Phone: 952-401-4508 1 Fax: 952-470-0416 1 Todd.Michelsh@kemin.com Mobile: 612-819-2229 WebsOe: w Aemin.com Disclaimer: va Aemin.comlemaildisclaimer CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 O1/12/2010 4:00 PM Receipt No. 0119273 CLERK: katie PAYEE: ALFREDO AND CANDYCE PENTEADO 10001 INDIGO DRIVE EDEN PRAIRIE MN 55347 Planning Case #10-01 ------------------------------------- GIS List 84.00 Total Cash Check 11041 Change 84.00 0.00 84.00 0.00 SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 CM OF (952) 227-1100 To: Candyce & Fred Penteado 10001 Indigo Drive Eden Prairie, MN 55347 Invoice SALESPERSON DATE TERMS KTM 1/7/10 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 28 Property Owners List within 500' of 6739 Brenden Court (28 labels) $3.00 $84.00 TOTAL DUE $84.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for January 19, 2010. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #10-01. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! (0-=6 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 10-01 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 19, 2010, 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 on property zoned Single Family Residential (RSF) located 6739 Brenden Court. Applicant: Candyce & Fred Penteado. 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/sery/ 0lan/10-01 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 Fairies, Planner I Email: akairies&i.chanhassen.mn.us Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday, January 7, 2010; No. 4306) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklm7,,tu� � Laurie A. Hartmann Subscribed and swoon before me on this=day of 2010 fflk�,NOTARY JYMME J. BARK PUBLIC - MINNESOTA N Public y Commission fC - M 01/3 SOT RATE INFORMATION Lowest classified rate paid by commercial users for cmnparable 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.10-01 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 19, 2010, 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 on property zoned Single Family Residential (RSF) located 6739 Brenden Court. Applicant: Candyce & Fred Penteado. 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/sere/plan/10-Ol.htn-d 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@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on January 7, 2010) •CANNED MEMORANDUM TO: Angie Auseth, Planner I FROM: Jerrin Mohn, Building Official DATE: December 22, 2009 SUBJ: Review of a request for a variance at 6739 Brenden Court Planning Case: 10-01 I have reviewed the request for the above variance and have the following comments: 1) Building Permit required. 2) Structure must comply with Minnesota State Building Code. GA\PLAN\2010 Planning Cases\I0-01 Penteado Variance 6739 Brenden Court\buildingofficialmo mts.doc SCANNED Chi OF CNBISSIX Date: December 22, 2009 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: January 8, 2010 By: Angie Kaines, Planner I, 952-227-1132 Subject: Request for a Variance to use a single-family dwelling as a two-family dwelling on property zoned Single Family Residential (RSF) located 6739 Brenden Court. Applicant: Candyce & Fred Penteado. Planning Case: 10-01 PID: 25-1470040 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on December 18, 2009. The 60day review period ends February 16, 2010. 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 19, 2010 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than January 8, 2010. 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 f 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. Mirmehaha Creek 9. Telephone Company (Qwest or CenturyLmk) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED Location Map (Subject Property Highlighted in Yellow) Penteado Variance Request 6739 Brenden Court Planning Case 2010-01 SCANNED APPLICABLE CODES: 2006 IRC BUILDING CODE 2007 MINNESOTA BUILDING CODE MINNESOTA RESIDENTIAL ENERGY CODE ZONED: RSF SINGLE FAMILY RESIDENTIAL SETBACKS: FRONT YARD: 30' SIDE YARD: 10, SIDE STREET: 30' REAR: 30' HEIGHT: 3 STORIES OR 35' ALLOWED 32'-9 1/2" (2 STORIES) PROPOSED LOT AREA: 32,855 SF BUILDING (LIVING) AREA: MAIN LEVEL =2315 SF UPPER LEVEL =2172 SF LOWER LEVEL =2145 SF TOTAL =6632 SF OTHER AREA: GARAGE =1418 SF MILS =961 SF TOTAL =2379 SF HARDCOVER: BUILDING AREA =3733 SF DRIVEWAY =1760 SF DECKIPATIO =803 SF TOTAL =6296 SF (19%) (25%=8214 SF ALLOWED) FUTR HARDVOER: FUTR POOL =1032 SF FUTR DECK/PATIO =597 SF FUTR TOTAL =7925 SF (24%) 3. CODE SUMMARY ENERGY CODE INFO: R-VALUES: WALLS= R-19 CEILING= R-38 FLOORS= R-30 FNDN WALLS= R-10 RIM JOIST= R-10 SLAB= R-10 TO 3.5' CRAWL WALL= R-10 PROVIDE PASSIVE RADON MITIGATION SYSTEM WITH INTERIOR DRAIN TILE AS PURSUANT TO THE RECENTLY UPDATED ENERGY CODE CITY OF CHANHASSEN RECEIVED DEC 1 8 2009 CHANHASSEN PLANNING DEP, • • SCANNED n CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 12/18/2009 12:47 PM Receipt No. 0117450 CLERK: bethany PAYEE: ALFREDO AND CANDYCE PENTEADO 10001 INDIGO DRIVE EDEN PRAIRIE MN 55347 Penteado Variance Application CITY OF CHANHASSEN RECEIVED DEC 1 8 2009 CHANHASSEN PLANNING DEP' ------------------------------------------------------- use & Variance 450.00 Total 450.00 Cash 0.00 Check 11037 450.00 Change 0.00 SCANNEC