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CAS-01_PLANNING CASE NO. 2021-01 3616 RED CEDAR POINT ROAD SHORELINE SETBACK VARIANCE 25.6600010LEGAL DESCRIPTION: Lot 1, Block 1, RED CEDAR POINT, Carver County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. 5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 7. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. STANDARD SYMBOLS & CONVENTIONS: " 0 " Denotes iron survey marker, set, unless otherwise noted. LEGEND ® wi - CATCH BASIN © - GAS METER - FIRE HYDRANT - POWER POLE ® - MANHOLE ® - TELEPHONE PIED. B - ELEC. TRANSFORMER ® = WELL ®yV� - GATE VALVE _ LIGHT POLE ,.A,-0 i_ X p Y-X-X- . TRFE = FENCE UNE - S - - SANITARY SEWER LINE -W - WATER LINE G- - GAS UNE ST- = STORM DRAIN LINE E- - OVERHEAD UTILITY LINE _ CONCRETE SURFACE DATE I REVISION DESCRIPTION Lake X\944.5 9`g�gf1,�wav945- 9(o, -s 01 946 946.2 O�y y7q 9, 44.5 7J7 6 S>6 944.7 'eJ 946 945. 946.1 X 946.4e 946.4 7 X 946. 94&0 65 \ cs6'v BB• S' 947.7 4�� 094 Q) O X 947.7 47. r� 4 X 947.5 947.7� 946.9 20" 0948.5 gAe X 947.6 v� w Lid s�1rdlz, 1 Mort �1 4' bZh.+�'^ C°Sf rllz5 C� SS 9' 6 I O 4 I O`a X 950.3 0 O k .e b L 950.6 a 9s O Th�Psb 9.715 O �C X 950.9 - a�o� 9s� O )�( 94 7 51.X Day /fi19 949.2 948.5 947.5 ? .l 91 950.8 X 949.9 q X 947.5 4" Q J X 947.5 / 0950.3 951.53 95 X 949.7 4 /2 948.9 _ 6" iV 5 _ 25 0.9 950.1 D X 949.3 9A9 F _�7735--� 8" X 947,6 Benchmark: Red Cedar 9 9.1 ° "°° 949.4 Ce X 949.2 X 949.8 947.9 Top of manhole 950.4 P0111 t �iOa J X 949.3 ® 49,3 949 � I j� (,L Eo' .a X 949.2 9e of bit. d 48. X 949.3 949.0 X 948A X 948.1 EXISTING HARDCOVER House 774 Sq. Ft. Existing Deck 114 Sq. Ft. Bituminous Road 7 Sq. Ft. Concrete Surfaces 120 Sq. Ft. TOTAL EXISTING HARDCOVER 1,015 Sq. Ft. AREA OF LOT TO OHW 7,206 Sq. Ft. PERCENTAGE OF HARDCOVER TO LOT 14.1% SCALE - 1" = 20' I CLIENT NAME I JOB ADDRESS ADOR BESPOKE HOMES 3616 RED CEDAR POINT ROAD CHANHASSEN, MN Aiw ekau�Tl'✓t-, &'f 2AL-II S fe t�., L. 111-6) 1 l W,k, Io'k -'%" Advance Surveying & Engineering, Co. 17917 Highway 7 Minnetonka, Minnesota 55M5 Phone(952)474-7964 Web: www.ativsur.com I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE WS OF OF M0INESOTA. Thomas M. Bloom # 42379 LICENSE NO. FEBRUARY 27, 2020 DATE X 948.3 SHEET TIRE EXISTING CONDITIONS DATESURVEYED: FEBRUARY27,2020 I SURVEY DRAWING NUMBER DATE DRAFTED. FEBRUARY 27, 2020 200126 TB SHEET SIZE 17 X 221 SHEET NO. S1 SHEET 1 OF 1 LEGAL DESCRIPTION: Lot 1, Block 1, RED CEDAR POINT, Carver County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. 5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 7. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. STANDARD SYMBOLS & CONVENTIONS: "0" Denotes iron survey marker, set, unless otherwise noted. LEGEND ® CATCH BASIN © GAS METER FIRE HYDRANT = POWER POLE ® MANHOLE ® = TFIEPHONE PED. 8 - ELEC. TRANSFORMER ® - WELL 0 - GAZE VALVE -�,,�,"S(kj ''�'j = LIGHT POLE - TREE -X-X- - FENCE LINE -S - - SANITARY SEWER LINE -W- = WATER LINE G- = GAS LINE - ST- - STORM DRAIN LINE - E - - OVERHEAD UTRITY LINE - CONCRETE SURFACE DATE I REVISION DESCRIP11ON EXISTING HARDCOVER House 774 Sq. Ft. Existing Deck 114 Sq. Ft. Bituminous Road 7 Sq. Ft. Concrete Surfaces 120 Sq. Ft. TOTAL EXISTING HARDCOVER 1,015 Sq. Ft. AREA OF LOT TO OHW 7,206 Sq. Ft. OF HARDCOVER TO LOT 14.1% SCALE - 1" = 20' IN CLIENT NAME I JOB ADDRESS ADOR BESPOKE HOMES 3616 RED CEDAR POINT ROAD CHANHASSEN MN Lake LY \ 6 946X 9462 <� 946.1 X 946.4 C' / 9 ashta ¢45 iOr�d�o y �9h1 SA 44.5 9y s X 946.5 L 946.0 / [�9 947.7 10 \ ty X 947.7 q 947.5 )( / IN ^l X 947.5 20 947.7 946.9 .� ^ Q948.5 gAB X 947.6 X / 7 949, 6*6 0. 0 d O X 950.3 49, �} C 950.6919 �h�esh • e� 9a 7 9 15 O �C X 95019 - 68 �'9 f B W 94 7 //.CO `�-is 949.7 951.2 Q��//fn 9 949.2 948.5 9 Oo X 949.9 IA X 949.3 949 Benchmark: Red lop o rmanhole 950.4 Cel�lxy' POi ys ALL f Road �X 949.2 Advance Surveying & Engineering, Co 17917 Highway 7 Minnetonka, Minnesota 55345 Phone (952) 474-7954 Web: www.advsur.00m I HEREBY CERTIFY THAT THIS PUN, SURVEY OR REPCRT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE w5 OF s OF MINNTSOTA Thomas M. Bloom # 42379 LIOENSE NO. FEBRUARY 27, 2020 DATE 0950.3 �9 4 51. 9498- 950 72 6= /v 41 �J5� 17 X 9492 949.4 X 949.3 ® 49.3 �Ed9e orbit. d X 949.3 DATE SURVEYED. FEBRUARY 27, 2020 DATE DRAFTED: FEBRUARY 27, 2020 949.7 950.1 949.8 iM/ YX 947.9 X 948.4 X 948.1 X SHEET TITLE EXISTING CONDITIONS SURVEY DRAWING NUMBER 200126 TB 947.5 X 947.5 X 947.5 X 947.6 SHEET SIZE 17 X 22 SHEET NO. S1 SHEET 1 OF i aaa�ao Roger N. Knutson Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick David S. Kendall Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin James J. Monge, III Jerome M. Porter Leah C.M. Koch Meagan K. Kelley Thomas J. Campbell* *Raired • CAMPBELL KNUTSON February 9, 2021 Ms. Jean Steckling City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Miscellaneous Recordings Dear Ms. Steckling: Please find enclosed, for the City's files, the following documents which have been erecorded with Carver County: 1. Interim Use Permit 2021-03 recorded February 3, 2021 as document number A716938; 2. Interim Use Permit 2021-02 recorded February 5, 2021 as document number A717108; 3. Variance 2021-07 recorded February 2, 2021 as document number T217799; 4. Variance 2021-06 recorded February 2, 2021 as document number A716771; 5. Variance 2021-05 recorded January 20, 2021 as document number 7217577; 6. Variance 2021-01 recorded January 20, 2021 as document number A715721. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association Jean Ison, a Ass' t iimo Enclosures CITY OF CHANHASSEN RECEIVED FEB 12 2021 CHANHASSEN PLANNING DEPf 200786v5 • • Document Number: A715721 Filed and/or Recorded on Jan 20, 2021 1:06 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy DL Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: City of Chanhassen Pages: 2 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2021-01 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves a 13-foot shoreland setback and 18-foot east front yard setback variance to permit expanding the existing deck. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 1, Block 1, Red Cedar Point Lake Minnewashta. 3. Conditions. The variance approval is subject to the following conditions: 1. A building permit must be obtained before beginning any construction. 2. Building plans must provide sufficient information to verify that proposed building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review 3. Stairs must be relocated so as to maintain a 62-foot shoreland setback. 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 5, 2021 fy r, r STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) CITY OF CHANHASSEN Elise Ryan, Mayor The foregoing instrument was acknowledged before me this day of J OsNsA� 2021 by Elise Ryan, Mayor, and Heather Johnston, Interim City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 g\p1m\2021 planning cuem\21-05 9243 lake riley boulc a d\varimce d=mem 21-05.dm NOTARY P LI JWKIM T. MEUWISSENotary Pu EUMinn Sot EConanbelan Expha len 91, 2W CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2021-01 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves a 13-foot shoreland setback and 18-foot east front yard setback variance to permit expanding the existing deck. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 1, Block 1, Red Cedar Point Lake Minnewashta. 3. Conditions. The variance approval is subject to the following conditions: 1. A building permit must be obtained before beginning any construction. 2. Building plans must provide sufficient information to verify that proposed building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review 3. Stairs must be relocated so as to maintain a 62-foot shoreland setback. 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 5, 2021 (SEAL) f,7 �'• . STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) CITY OF CHANHASSEN Elise Ryan, Mayor The foregoing instrument was acknowledged before me this L3day of v CunV tt 2021 by Elise Ryan, Mayor, and Heather Johnston, Interim City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 g:tp1=\1021 planning c \21-059243 take riley boulevard\vanance document 21-05.doe NOTARY LI gKIM T. MEUWISSEN Notary Public-MinnesotaMY �ornmissiW Ep Jmt 31, 2025 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Red Cedar Point, LLC, for a variance to expand a nonconforming deck on a property zoned Single -Family Residential District (RSF) - Planning Case 2021-01. On January 5, 2021, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 1, Block 1, Red Cedar Point Lake Minnewashta. 4. Variance Findinas — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the Comprehensive Plan. Finding: The city's shoreland ordinance establishes a 75-foot structure setback in order to prevent the installation of lot cover near ecologically sensitive areas, creates separation between structures and the lakeshore, and provides for a consistent visual aesthetic for riparian properties. When properties with existing nonconforming shoreland setbacks apply for variances to expand, the city has with few exceptions required that the expansion maintain the existing lake setback. In this case, the applicant's proposal does not create additional lot cover and the low open profile of the proposed deck will not be visually intrusive. Many of the surrounding structures or their architectural elements similarly protrude into the required lake setback and the applicant's proposal would not disrupt the existing visual aesthetic. The request variance would primarily expand the deck horizontally while maintaining the existing shoreland setback, with the exception of the stairs which would encroach closer to the lake. Granting the variance to expand the deck while requiring that the stairs be relocated SCAM ED • to maintain the existing deck's nonconforming lake setback would be consistent with past practice and in harmony with the intent of the City's shoreland ordinance. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The applicant's proposed deck is modestly sized and consistent with what is found on other properties in the neighborhood. The small size of the lot and home's placement on the lot mean that no expansion of the deck would be possible without a variance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The plight of the landowner is due to the substandard size of the lot and nonconforming status of the existing structure. e. The variance, if granted, will not alter the essential character of the locality. Finding: Red Cedar Point is one of the oldest neighborhoods in the city. Many of its properties are nonconforming uses, and 16 of the 25 properties within 500 feet of 3616 Red Cedar Point Road have been granted at least one variance. Of these 16 properties, 10 have a variance for reduced front yard setbacks and 11 were permitted a reduced shoreland setback. Many of the nine properties which do not have a variances also have nonconforming front yard and shoreland setbacks. The proposed deck appears to be similar in size and orientation to other decks within the area and is not expected to negatively impact any of the surrounding homes or environmental features. Overall, the proposal appears to be consistent with the exiting character of the neighborhood. That being said, the request to increase the deck's nonconforming setback to accommodate the proposed placement of the stairs is denied. Whenever possible, the city requires properties requesting variances to maintain their existing nonconforming lake setbacks, and a relatively minor design change will allow the applicant to adhere to this standard while still expanding the deck. Granting the variance as requested could contribute to establishing the precedent that homeowners can increase their nonconforming shoreland setbacks for aesthetic or design reasons, which has the potential to lead to other more impactful variance requests, potentially altering the character of the locality. f. Variances shall be granted for earth -sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2021-01, dated January 5, 2021, prepared by MacKenzie Young - Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves a 13-foot shoreland setback and 18-foot east front yard setback variance to permit expanding the existing deck, subject to the Conditions of Approval." 1. A building permit must be obtained before beginning any construction. 2. Building plans must provide sufficient information to verify that proposed building/structure meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 3. Stairs must be relocated so as to maintain a 62-foot shoreland setback ADOPTED by the Chanhassen Planning Commission this 5' day of January, 2021. CITY OF CHANHAASSEN BY: UJ, l Steven Weick, thairman g.Xplan)2021 planning cascs121-01 3616 red cedar point road varVindings of fact and decision 3616 red cedar point road (recommended).doc PLa0al- 61 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on December 21, 2020, 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 a Public Hearing to consider a request for setback variances for the construction of a deck on property located at 3616 Red Cedar Point Road. Zoned Residential Single -Family (RSF), Planning Case No. 2021-01 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. ����ux� Ki— m Meuwissen, Depu ler Subscribed and om to before me thiaLt,51 day o be 2020. ' Notary Public (Seal) JEAN M STECKLING Notary w kio-m This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City tices not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnity, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the users access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in vanous city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free. and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000). and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims. and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the users access or use of data provitled. ((TAX —NAME)) «TAX_ADD_L1» «TAX ADD L2» «Next RecordoeTAX_NAME» «TAX_ADD_L1» «TAX ADD L2» Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 5, 2021 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. Consider a request for setback variances for the Proposal: construction of a deck. Zoned Residential Single -Family RSF. Property Owner: Dave Malin, Red Cedar Point LLC Property 3616 Red Cedar Point Road Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following What Happens 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 ro'ect. If you want to see the plans before the meeting, please visit the city's projects web page at: www.c!.chanhassen.mn.us/2021-01. If you wish to talk to someone about this project, please contact MacKenzie Young -Walters by email at mwalters(cD.ci.chanhassen.mn.us Questions & or by phone at 952-227-1132. If you choose to submit Comments: written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at the city's Agendas & Minutes webpage the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City ReWaw Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonirgs, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 600 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Sleff 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 pan of the hearing process. The Commission will dose 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 razonings 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 parson 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 spokespersonwepresentative 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. ff you wish to have something to be included in the report, lease contact the PlannInti Staff person named on the notification. Date & Time•' Tuesday, January 5, 2021 at 7:00 p.m. This hearing may not start 1 until later in the evening, depending on the order of the agenda Location: City Hall Council Chambers 7700 Market Blvd. Consider a request for setback variances for the Proposal: construction of a deck. Zoned Residential Single -Family RSF. Property Owner: Dave Melin Red Cedar Point LLC Property 3616 Red Cedar Point Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following • What Happens 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/2021-01. If you wish to talk to someone about this project, please contact MacKenzie Young -Walters by email at mwaltersO-ci chanhassen.mn.us Questions & or by phone at 952-227-1132. If you choose to submit Comments: written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at the city's Agendas & Minutes webpage the Thursday prior to the Planning Commission meeting. Adak NEWI Sign up to receive email and/or text notifications when meeting agendW packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations. Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application Nat 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 rezomngs 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 Courdl does Trot. Minutes are taken and any correspondence regarding the application will he included in the report to the City Coundl. If you main to have something to be included in the report, lease contact the Planning Stan person named on the nocicatton. TAX TAX_ADD_L1 TAX_ADD_1-2 SITEADD PIN -NAME THE GARY A PETERSON TRUST 13260 BRASS PKWY ROSEMOUNT, MN 55068 3632 HICKORY RD 256600070 EDWIN L & LIVIA SEIM 1601 VILLARITA DR CAMPBELL, CA 95008-1519 3616 RED CEDAR POINT RD 256600010 PETER SANDERS 2989 CANYON RD CHASKA, MN 55318 3609 RED CEDAR POINT RD 256600300 KEITH & FRANCES PAAP 3601 RED CEDAR POINT RD EXCELSIOR, MN 55331 3601 RED CEDAR POINT RD 256600260 KELLIE 1 GEIGER 3603 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 3603 RED CEDAR POINT RD 256600270 MARIA P KNIGHT 3605 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 3605 RED CEDAR POINT RD 256600280 GARY A RENNEKE 3607 RED CEDAR POINT RD EXCELSIOR, MN 55331 3607 RED CEDAR POINT RD 256600290 HOWARD D ANDERSON 3613 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 3613 RED CEDAR POINT RD 256600310 PAMELA J REIMER 3617 RED CEDAR POINT RD EXCELSIOR, MN 55331 3617 RED CEDAR POINT RD 256600320 DIANE LEESON ANDING 3618 RED CEDAR POINT RD EXCELSIOR, MN 55331-7720 3618 RED CEDAR POINT RD 256600020 STEVEN & MARSHA KEUSEMAN REV CABIN TRST 3622 RED CEDAR POINT RD EXCELSIOR, MN 55331-7720 3622 RED CEDAR POINT RD 256600030 BETSY 5 ANDING 3625 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 3625 RED CEDAR POINT RD 256600330 DAVID MELIN 3627 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 3627 RED CEDAR POINT RD 256600340 GUNTHER LIVING TRUST 3628 HICKORY RD EXCELSIOR, MN 55331-9766 3628 HICKORY RD 256600050 CATHERINE J BLACK REV TRUST 3629 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 3629 RED CEDAR POINT RD 256600350 SCOT A LACE 3630 HICKORY RD EXCELSIOR, MN 55331-9766 3630 HICKORY RD 256600060 PETER J & KARRI J PLUCINAK 3631 SOUTH CEDAR DR EXCELSIOR, MN 55331-9686 3631 SOUTH CEDAR DR 256600360 MARY JO ANDING BANGASSER 3633 SOUTH CEDAR DR EXCELSIOR, MN 55331-9686 3633 SOUTH CEDAR DR 256600370 THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR DR EXCELSIOR, MN 55331-9686 3637 SOUTH CEDAR DR 256600380 DANIEL P FAGAN 3701 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 3701 SOUTH CEDAR DR 256600390 ANVER L & ANNE K LARSON 3705 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 3705 SOUTH CEDAR DR 256600410 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR, MN 55331-9768 3706 HICKORY RD 256600080 COLIN 1 JONES 3710 RED CEDAR POINT RD EXCELSIOR, MN 55331 3710 RED CEDAR POINT RD 256600580 LAURIE ANN HANSON TRUST AGREEMENT 5901 CARTER LN MINNETONKA, MN 55343-8966 3624 RED CEDAR POINT RD 256600040 GREGORY & JOAN DATTILO 7201 JUNIPER AVE EXCELSIOR, MN 55331-9614 3703 SOUTH CEDAR DR 256600400 • i 0 0 Affidavit of Publication Southwest News Media State of Minnesota) )SS. ) CITY OF CHANHASSEN County of Carver CARVER & HENNEPIN COUNTIES NOTICE OF NUBLIC Laurie A. Hartmann, being duly swom, on oath says that she is the General Manager the news- PLANNINGHEARING CASE NO.2021-01 papers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the NOTICE IS HEREBY GIVEN facts herein stated as follows: that the Chanhassen Planning (A) These newspapers have complied with the requirements constituting qualification as a legal Commission will hold a public hearing on Tuesday, January 5, newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as 2021 at 7:00 p.m. in the Council amended. Chambers in Chanhassen City Hall, 7700 Market Blvd. The (B) The printed public notice that is attached to this Affidavit and identified as No. Purpose of this hearing is to was published on the date or dates and in the newspaper stated in the attached Noti said consider a request for setback Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of variances for the construction the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both of a deck on property located at inclusive, and is hereby acknowledged as being the kind and size of type used in the composition 3616 Red Cedar point Road. Zoned and publication of the Notice: Residential Single -Family (RSF). Applicant: Dave Melin, Red Cedar Point LLC abcdefgh0klmnopgrstu z an ng the ion of he lProposal is available — for public review on the city's,� web site at www.ci.chanhassen. mn.119/2021-01 or at City Hall _ Iaure A. Hartmann during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with Subscribed and swom before me on respect to this proposal. MacKenzie Young -Walters Associate Planner l (jj' ay Email: mwalters@ this da of 020 ci.chanha: 952-227.1 JYMMEJEANNETTE BARK Phone: 952-227-113L (Published in the Chanhassen NOTARY PUBLIC - MINNESOTA Villager on Thursday, December 24 2020, No 4972) MY COMMISSION EXPIRES 01131/23 No blic RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $14.03 per column inch CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2021-01 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 5, 2021 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 setback variances for the construction of a deck on property located at 3616 Red Cedar Point Road. Zoned Residential Single -Family (RSF). Applicant: Dave Melin, Red Cedar Point LLC 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/2021-01 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. MacKenzie Young -Walters Associate Planner Email: mwalters(@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on December 24, 2020) SC: NWED gAplan\2021 planning eases\21-01 3616 red cedar point road var\ph notice to villager - 3616 rcp.docx COMMUNITY DEVELOPMENT DEI TMENT Planning Division — 7700 Market Boulevard CITY OF CIIA NSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 0 Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL respondPlease review and ..deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: December 7, 2020 December 21, 2020 December 4, 2020 Contact: Contact Phone: Contact Email: MacKenzie Young -Walters 952-227-1132 mwafters@ci.chanhassen.mn.us Associate Planner Planning Commission Date: City Council Date: SO -Day Review Period Deadline: January 5, 2021 at 7:00 p.m. January 25, 2021 at 7:00 p.m. February 2, 2021 Application: Request for Setback Variances for the construction of a deck on property located at 3616 Red Cedar Point Road. Zoned: Residential Single -Family. Applicant: Dave Malin, Red Cedar Point, LLC Planning Case: 2021-01 1 Web Page: www.ci.chanhassen.mn.us/2021-01 In order for staff 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, stormwater 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. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineering ❑ Jackson Township ® Fire Watershed Districts: ❑ Minnetonka ® Forester El Shorewood ® Park Director El Carver County ❑ Victoria ® Water Resources El Lower Riverr El Law Enforcement ® Minnehaha Creek Adjacent Counties: El Riley -Purgatory -Bluff Creek ❑ Hennepin Carver County Agencies: Utilities: ❑ Scott ❑ Community Development ❑ Cable TV — Mediacom ❑ Engineer School Districts: ❑ Electric — Minnesota Valley El Environmental Services El Historical Society El Electric — Xcel Energy ❑ Eastern Carver County 112 El Parks ElMagellan Pipeline ❑ Minnetonka 276 El Soil &Water Conservation District El Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources Authority ❑ MN Landscape Arboretum El Health ❑ Historical Society ❑ SouthWestTransit ❑ TC&W Railroad El Natural Resources -Forestry ® Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation S SUMA 0 G 3616 Red Cedar Point Road Variance Request — setback from the lake Minnewashta To whom it may concern: I am the current owner of the above mentioned property. The existing cabin is roughly 100 years old and we have been making some minor modifications to make it bit more liveable. To date, we have not added onto the existing structure but would like to add/extend the current deck to make it more useable. I am asking the city of Chanhassen to consider allowing me a eighteen (18) foot setback variance from the lake to construct a lake side deck. Our total setback would be at fifty-seven (57) feet versus city ordinance of seventy-five (75) feet. Written justification of how this request complies with the findings for granting a variance pursuant to Section 20-58 as follows; 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan. This variance request is consistent with the comprehensive plan. 2. Where there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. It is impossible for us to have a useable deck on the lakeside without the variance. 3. That the purpose of the variation is not based upon economic considerations alone. The request is not based upon economic considerations at all. We are asking for the variance so that we may enjoy the property from a quaint sized deck — more of quiet enjoyment than anything economically based. 4. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The existing home sits as -is to the lake. Currently it is non- conforming and with the constraints between the road and the lake, it is reasonable to ask for a variance to create a reasonable size deck. 5. The variance, if granted, will not alter the essential character of the locality. The variance request and proposed deck will be in harmony of the existing surroundings. Many surroundings properties have the same constraints and have been granted variances for similar situations. It is lakeside and there are other properties that also have decks that do not conform. Lastly, the request will not impair other properties from enjoying their properties. The deck will be consistent in height as the existing stoop of the lakeside. It is approximately 4' from the ground as we walk from our first floor to the proposed deck. Because it is more than 30" off the ground, we will be required to have wood railing around it's perimeter. Additionally, it will have steps to grade By granting the variance, this property will remain consistent with the harmony of its surrounding neighborhood. We appreciate your consideration. Dave and Jennie Melin Red Cedar Point, LLC 3627 Red Cedar Point Road Chanhassen, Mn 55317 0 0 3616 Red Cedar Point Road Variance Request — setback from the lake Minnewashta To whom it may concern: I am the current owner of the above mentioned property. The existing cabin is roughly 100 years old and we have been making some minor modifications to make it bit more liveable. To date, we have not added onto the existing structure but would like to add/extend t e current deck to make it more useable. I am asking the city of Chanhassen to consider allowing me a thirteen (13) foot setback variance from the lake to construct a lake side deck. Our total setback would be at sixty-two (62) feet versus city ordinance of seventy-five (75) feet. This is consistent with the surrounding area as there are many non -conforming properties due to the natural lay of the land and its constraints to the lake. / By granting the variance, this property will remain consistent with "" harmony of its surrounding. 70 We appreciate your consideration. Dave and Jennie Melin Red Cedar Point, LLC 3627 Red Cedar Point Road Chanhassen, Mn 55317 I. L 7 COMMUNITY DEVELOPMENT DWRRTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1100 / Fax: (952) 227-1110 OfCITY OF CHANgASSEN APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: `( PC Date: a ( CC Date: I 60-Day Review Date: (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others ......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD.................$100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative..................................................$100 ❑ Commercial/Industrial Districts*......................$500 Plus $10 per 1,000 square feet of building area: ( thousand square feet) Include number of existing employees: "Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit ( units) ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot (_ lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat..........................................................$700 (Includes $450 escrow for attorney costs)` 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Notification Sign (City to install and remove)...................................................................................................................... $200 Property Owners' List within 500' (City to generate after pre -application meeting) ........... .................. $3 per address (Z addresses) Escrow for Recording Documents (check all that apply) ........................... ................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation X Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements( easements) ❑ Deeds TOTAL FEE: Section 2: Required Information Description of Proposal: 3 b11� Property Address or Location: Foal Parcel #: 25 (aLo t7b \ b Legal Description: Lr+ i 4ly.\ i4b Ctc\✓ +)6,^C U(4, M:.,..: ,t�•.a�� Total Acreage: I i ZAL Wetlands Present? Oyes ❑ No Present Zoning: Select One RzJ nn Requested Zoning: Select One �¢> Present Land Use Designation: Select One "-yJ Requested Land Use Designation: Select One 4VJ Existing Use of Property: KV 16 6 r— KN- ❑Check box if separate narrative is attached. APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Address: Contact: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that theinformationand exhibits submitted are true and correct. Name: R -c� CZAS �o.n� LLC- Contact: ►-t oVt Address: 1!fto 3f0L,'+ IlIZZ-9 c &- PPwi—} `ZOoJ Phone: 52 23-4 $21� City/State/Zip: ExeTA74;"- M� 3SS 3 \ Cell: M Email: G�'�� p0.VL IV Fax: Signature: havz Me&n Date: 11 /11 /2020 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. 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. rrtwrU I tNGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Who should receive copies of staff reports? 'Other Contact Information: Property Owner ❑ Applicant Via: gEmail ❑ Mailed Paper Copy Name: ✓�1` ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy Address: 3 K:, 7 t" Other' Via: ❑Email Via: Email ❑Mailed Paper Copy ❑ Mailed Paper Copy City/St ae/zip: Gtczl'tr-� M.a S�33T— Email: -t-odA eD 4 b!- INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select to save a copy to your device. and deliver to city along with required documents and payment. to send a digital copy to the city for processing. SAVE FORM I PRINT FORM SUBMfr FORM �J CITY OF CHANHASSEN • P O BOX 147 CHANHASSEN MN 55317 11/19/2020 4:07 PM Receipt No. 00455929 CLERK: kimh PAYEE: Red Cedar Point LLC 3616 Red Cedar Point Rd Excelsior MN 55331- ------------------------------------------------------- Use & Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 78.00 Total Cash Check 5006 Change 528.00 0.00 528.00 0.00 • 3616 Red Cedar Point Road VAR - PC File No. 2020-24 (BG) $0.00 Consolidate Lots $0.00 Lot Line Adjustment $0.00 Subdivision ($600 + $15 per lot) $0.00 Final Plat $0.00 Vacation $78.00 Property Owners List ($3.00 x 26) $200.00 Variance $0.00 Rezoning $200.00 Notification Sign $0.00 Deeds $50.00 Attorney's Fees $0.00 Recording Fees $528.00 TOTAL $528.00 Ck #5006 from Red Cedar Point LLC $0.00 Balance Owed $0.00 Adjustment