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
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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
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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.
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ANALYSIS
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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.
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MAIN LEVEL PLAN
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•
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.
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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
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PRESENT ZONING: RSnF_ SIn�I! fk6f 6 1 resIderrf W
REQUESTED ZONING: '�►vr2
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
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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
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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
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1. SITE PLAN
SCALE: 1 "=40'
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OF CHANHASSEN
RECEIVED
DEC 1 8 2009
!;HANHASSFN PLAWNG DEP,
SCANNED
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DEC 1 8 2009
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SCALE: Y,6'=1'-C'
DEC 1 8 200`
SCANNED
MAIN LEVEL PLAN
SCALE: Y,6'=1'-0"
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RECEIVED
DEC 1 8 2009
CHANHASSEN PLANNING DEPI
•
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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