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CAS-04_2018-04 - 7555 WALNUT CURVE - VAR FOR POOLr t Document No. A658705 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Recorded on -February 26, 2018 2:33 PM Fee: $46.00 IIIIII IIII III III III Kaaren Lewis 658705 County Recorder CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2018-04 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 4.9 percent lot coverage variance. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 4, Block 2, Walnut Grove. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. Lot coverage may not exceed 4,266 square feet. 3. A low berm must be constructed in the southeast corner of the lot as depicted in "Attachment 6: WRC Required Berm" in the staff report from PC 2018-04 dated January 16, 2018. 4. The applicant must purchase and install a fourth rain barrel. 5. A rain garden must be installed in the southwest corner of the property. The design of the rain garden and installation must be verified by the city's Water Resources Coordinator. ^ , ,`h'C-1 A \ I 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 16th, 2018 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: De y Laufen rger, Ma or AND:� n JA* Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this _L day of FebWdl,!2:1 , 2018 by Denny Laufenburger, Mayor and Todd Gerhardt, 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. VAMMAAMMA jjENNIFER ANPOTTER Notary Pub ic-Mk"v � ev. ,Mn 31, 2W MY DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 gnu. SX-) N ARY PUBLIC 2 Ti 9,1 4kL -4 T w POOL-WLDIImo- --- PERMIT SURVEY FM.SGE"ESID ENCE OUTDOOR EXCAPES Planning Commission — January 16, 2018 3. The contractor shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. 4. The applicant shall submit a detailed grading, drainage and erosion control plan for staff review and approval. 5. The tower extension shall be of the same color as the existing tower. 6. A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use shall be submitted to the City. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: 7555 WALNUT CURVE — VARIANCE TO BUILD A POOL. Walters: Alright this is Planning Case 2018-04, 7555 Walnut Curve. If appealed this would go before the City Council on February 12`''. The applicant is requesting a 4.9 percent lot coverage variance for the construction of an in ground swimming pool and pool apron area. So it's located in the Walnut Grove subdivision on 7555 Walnut Curve. This is a planned unit development. It has a minimum lot size of 10,400 square feet and then 30 foot front and rear setbacks. 10 foot, I'm sorry that should read 10 foot side setback and this zone, this PUD has a 30 percent lot coverage but properties within the shoreland overlay district are limited to 25 percent. This property is located within the shoreland overlay district due to the presence of a mapped stream or creek in the field to the east. There are 4 houses within the planned unit development, 4 single family homes within the planned unit development that are subject to this 25 percent limit. The property has a 14,283 square foot lot. There's currently 26.4 percent lot coverage and it meets all required setbacks. The applicant is proposing to construct an 18 foot by 36 foot sport pool with a 566 square foot pool apron/patio area. They are proposing to install a rain garden in the southwest corner of the lot in order to capture a lot of the pool runoff. The property naturally drains towards that comer away from the stream so their rationale is most other similar properties within the PUD would be allowed the 30 percent. The intent of the shoreland management zone of protecting the creek can be met due to the grading of the lot even with the higher percentage and the applicant is planning on installing the rain garden and also an additional rain barrel to minimise runoff and impact on the stream. When staff looked at it water resources agreed with our assessment of the grading with the exception that they noticed that there's a slightly lower dip here and they believe that if a one foot berm is constructed here to bring it all up to 1,000 foot elevation that it would then function as intended and direct any potential runoff away from that stream or creek. As you can see the creek is, looks to be pretty much plowed under in the field. We're not exactly certain where it is there but it is, it does exist on the map so that does trigger the shoreland overlay district. Staff does believe that the intent of the overlay district of protecting the creek can be met through grading and through the use of the 12 Planning Commission — January 16, 2018 rain garden and since other properties within the PUD are allowed the 30 percent lot coverage staff did feel it was appropriate and recommends approval of this variance. I'd be happy to take any questions you have at this time. Aller: Any questions of staff at this point in time? Commissioner Madsen. Madsen: I see on the map that there is a shed and a deck on the property as well. Was there ever any discussion on maybe reducing that size to help offset the lot coverage? Walters: If my memory serves there was not discussion on reducing, removing the shed. I believe we discussed minimizing the patio area around the deck but not in terms of actually rebuilding or reducing the deck. I would let the applicant comment on that. Madsen: Okay, thank you. Aller: Any additional questions at this point in time? Hearing none we'll have the applicant come forward. If you could tell us your name and address for the record and then tell us about your project please. Jessica Hansgen: Do you want me to speak? Nick Hansgen: Go for it. Jessica Hansgen: Okay, Nick and Jessica Hansgen, 7555 Walnut Curve, Chanhassen. First time here. Not really sure what you want me to say. Aller: So why are we building the pool? Jessica Hansgen: Do you want to address the deck and the shed. Nick Hansgen: Well why are we building the pool. I'll cover that real quick. We are very active in the community. We have 2 young kids and we found that we do not have the time to leave the city to go to a cabin or somewhere outside of our house and really want to kind of treat this as our oasis for our family and our friends because we are so active in what we do with youth sport activities. I'm a coach here. My wife volunteers all the time so we just don't have the opportunity to leave so we really want to take advantage of this opportunity. And then with regards to the deck. Yeah we didn't discuss that with MacKenzie in the conversation but we feel like again as part of the natural flow and drainage of the property this will actually help in reducing any rain off that will go the other way because of how we'll have it positioned. As well as the rain garden that we'll have in the comer to catch any runoff from the hardscape around the pool as well as an additional rain barrel that we will use to water all of our gardens around the property. Again to help with any sort of rain off that acre. 13 Planning Commission — January 16, 2018 Jessica Hansgen: The addition of that berm that was requested from the City will actually help level off the one lower corner so in the far right, kind of that pointiest comer right there is the low part which is wet anyway and we had discussed with our landscape company who's here as well raising that anyway so when the City came back as a condition it actually works perfectly. Nick Hansgen: It was part of our plan. Jessica Hansgen: It was part of our eventual plan to raise that up anyways so that the entire property doesn't drain. In fact that will pretty much make 100 percent of the property drain towards that drainage pond. Not the creek. Nick Hansgen: Yep. Aller: So the neighborhood has heard you want to build a pool. Jessica Hansgen: Oh yeah, they see it. Aller: And what comments have you had? Jessica Hansgen: They are very much in favor of it. Nick Hansgen: When's the party? Jessica Hansgen: Yeah, yeah. Nick Hansgen: When can we come? Jessica Hansgen: We have a pretty active neighborhood in terms of kids who are around who are inbetween both of our sons. We've got a young one and then an older one and a lot of ages inbetween come over and they're hoping it passes. They're excited. We do have a couple other pools in the neighborhood but their kids are aging so in terms of the use and being around you know. Nick Hansgen: Limited. Aller: Any additional questions of the applicants at this time? Tietz: Just, I assume that with the excavation for the pool you're going to have excess fill material which will make that construction of that berm a non -issue. Jessica Hansgen: Yeah. Nick Hansgen: Yep. 14 Planning Commission — January 16, 2018 Tietz: I'm sure that the grading that's going to occur back there is going to. Nick Hansgen: Yep, that was our plan. Tietz: It's a nice place to unload some material. Jessica Hansgen: Yeah that was actually like I mentioned in our favor. Tietz: Yeah so it's good. Jessica Hansgen: Yeah it gives our boys a nice flat area. Tietz: Yeah we just have to find that creek you know. Jessica Hansgen: Yeah right... Nick Hansgen: The farmer... Tietz: The farmers that plowed it for 25 years. Nick Hansgen: He plows it. He fields it every single year. Can't see it anywhere back there. It is pretty much dried up. Jessica Hansgen: The turkeys and the deer like it. Nick Hansgen: Turkeys and deer are there but yeah, there's, you can't see anything back there at all. Allen. Great, thank you. And this is a public hearing item so I'll open up the public hearing portion of this item for any individual wishing to come forward and speak either for or against the item. Hearing no one, seeing no one come forward I'll go ahead and close the public hearing portion of this item and open it up for discussion and action by the commissioners. Randall: I think it's an improvement of the property even with the variance. The way they planned it out and everything, I like it. If I'm going to approve a variance it definitely passes my approval I guess. Aller. Commissioner Tietz. Tietz: Yeah. Aller: Well any motions or actions suggested at this time, I'll invite a motion. 15 Planning Commission — January 16, 2018 Tietz: I'll make a motion. Allen. Commissioner Tietz. Tietz: The Chanhassen Board of Appeals and Adjustments approves a 4.9 percent lot coverage variance subject to the conditions of approval and adopts the attached Findings of Fact and Decisions. Aller: I have a motion. Do I have a valid second? Madsen: Second. Aller: I have a second. Having a motion and a second any further discussion? Tietz moved, Madsen seconded that the Board of Appeals and Adjustments approves a 4.9 percent lot coverage variance subject to the conditions of approval and adopts the attached Findings of Fact and Decisions: The applicant must apply for and receive a building permit. Lot coverage may not exceed 4,266 square feet. 3. A low berm must be constructed in the southeast corner of the lot as depicted in Attachment 6: WRC Required Berm. 4. The applicant must purchase and install a fourth rain barrel. A rain garden must be installed in the southwest comer of the property. The design of the rain garden and installation must be verified by the City's Water Resources Coordinator. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: Commissioner Madsen noted the Summary and Verbatim Minutes of the Planning Commission meeting dated January 2, 2018. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Aller: Future Planning Commission agendas. We do have some changes there. 16 Planning Commission —January 16, 2018 Aanenson: Thank you Chair. We did have one item scheduled for February 6th and that's a conditional use permit amendment for Arbor Glen. Because there was just one item and typically when we do the interviews on the 20`h we'd like to have some other items so the candidates can stay and listen to that item and, those items and kind of get a flavor for it so I know Mark's going to be absent on that meeting but, so we would cancel the meeting on the 6`h and then move the Arbor Glen. That's our one item that we know is in. Something potentially could come in the next, by this Friday and then we'd also do the annual report. Typically we've done that in the work session. Our goal right now under the work session, we're going to be populating this with a few more things as we're tracking some bigger projects would be that we would go through all the jurisdictional comments that we got on the comp plan so everybody's kind of embedded in that and then, so we'd have those public hearings on that coming up in April so. Aller: Great. CORRESPONDENCE DISCUSSION. None. Commissioner Randall moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The Planning Commission meeting was adjourned at 7:45 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 17 • CITY OF CHANHASSEN PROPOSED MOTION: PC DW: January 16, 2018 C-Y CC DATE: February 12, 2018 REVIEW DEADLINE: February 13, 2018 CASE #: 2018-04 BY: MW "The Chanhassen Board of Appeals and Adjustments approves a 4.9 percent lot coverage variance, subject to the conditions of approval and adopts the attached Findings of Facts and Decisions." (Note: A motion for denial and appropriate findings of fact are also included at the end of the report.) SUMMARY OF REQUEST: The applicant is requesting a 4.9 percent lot coverage variance to facilitate the construction of an in ground pool and associated apron area. The property is located within a planned unit development that allows for up to 30 percent lot coverage; however, it is within 300 feet of a creek, and is therefore within the city's shoreland overlay district and restricted to 25 percent lot coverage. The applicant is proposing directing the increased stromwater runoff that would be generated by the pool deck into a proposed rain garden to avoid impacting the stream. LOCATION: 7555 Walnut Curve (PID 258480180) APPLICANT: Custom Pools 8930 Excelsior Blvd Hopkins, MN 55343 OWNER: Nick and Jessica Hansgen 7555 Walnut Curve Chanhassen, MN 55317 PRESENT ZONING: PUDR 2030 LAND USE PLAN: Residential Medium Density ACREAGE: .32 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION -MAKING: The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high Planning Commission • • 7555 Walnut Curve — Planning Case 2018-04 January 16, 2018 Page 2of5 level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is proposing constructing 18- foot by 36-foot sport pool along with a 566 square foot pool apron and patio area. The proposed pool area would bring the property up to 29.9 percent lot coverage; however, due to the fact that their property is located within 300 feet of a creek, the zoning code limits the parcel to 25 percent lot coverage. All but four of the of the development's detached single family homes are allowed up to 30 percent lot coverage. The applicant has noted that the lot currently drains away from the creek and has stated that the proposed project would not alter that fact. The applicant believes that the shoreland overlay district's goal of limiting the amount of stormwater runoff that is discharged into creek can be met by utilizing good stormwater management and environmental practices. They are proposing planting a rain garden in the southwest corner of the property to capture the additional runoff generated by the pool area and they also intend to install a fourth rain barrel. The applicant feels that since good stromwater management can prevent their proposed pool from negatively impacting the creek, their property should be allowed the 30 percent lot coverage other properties within their planned unit development are permitted. APPLICABLE REGULATIONS Chapter 20, Article II, Division 3, Variances Chapter 20, Article VII. Shoreland Management District Chapter, 20, Article XXIII, Division 1, Accessory Structures Walnut Grove Zoning Standards BACKGROUND On June 21, 1999, the city approved a permit for the construction of a detached single family home. Planning Commission 0 • 7555 Walnut Curve — Planning Case 2018-04 January 16, 2018 Page 3 of 5 On June 26, 2013, the city approved a permit to tear down and rebuild an existing deck. SITE CONDITIONS The property is zoned PUDR and is located within the city's Shoreland Management District. This zoning district requires lots to be a minimum of 10,400 square feet, have front and rear yard setbacks of 30 feet (except lots 4-17, block 2 which are permitted a 25 foot rear yard setback), side yard setbacks of 10 feet, and limits parcels to a maximum of 25 percent lot coverage. Residential structures are limited to 35 feet in height. The lot is 14,283 square feet, and currently has 3,776 square feet of impervious surface resulting in 26.4 percent lot coverage. The existing home and accessory uses meet all other setbacks required by the PUD's zoning standards and applicable City Code. NEIGHBORHOOD Walnut Grove The ordinance establishing the Walnut Grove PUDR was approved as part of Planning Case 1996-04 and the plat for the subdivision was recorded in July of 1997. The Walnut Gove subdivision consists of a northern area containing 35 detached single-family homes, a central region with 44 cottage homes, and a southern section comprised of 168 townhomes. Variances within 500 feet: 11-09 1680 78" Street West: Approve- 5,880 square foot accessory structure (agricultural shed) ANALYSIS Lot Coverage The city's shoreland overlay district extends 300 feet from any river/stream, and limits all properties within that zone to a maximum of 25 percent lot coverage. The property's existing structures cover 26.4 percent of the lot and the proposed pool deck and patio 1i 0/IIUI i 111 l C Shoreland Overlay District Stream/Creek Planning Commission • 0 7555 Walnut Curve — Planning Case 2018-04 January 16, 2018 Page 4 of 5 would increase that coverage to 29.9 percent. Low bens tor4000' elevation. Grade to ensure drainage wNe' FE OF xq c amain Garden It** 144° d0 Typically staff would not support a request to exceed 25 percent lot coverage within the shoreland overlay district; however, in this case, the property's predominate drainage pattern is away from the creek and the applicant is proposing the installation of rain barrels and a rain garden to further protect the creek. The Water Resources Coordinator is recommending that a small berm, approximately 1 foot high, be constructed in the southeast corner of the property in order to further direct stormwater runoff away from the creek. Staff believes that if these improvements are made the shoreland overlay district's intent of protecting the creek can be met even with the proposed increase in lot coverage. Impact on Neighborhood The Walnut Gove subdivision is a planned unit development that allows up to 30 percent lot coverage. If the property was not located within the shoreland overlay district, it would be entitled to 30 percent lot coverage. Only four detached single-family homes within the development are limited to 25 percent coverage and allowing this property 30 percent lot coverage would not be out of character with the neighborhood. While only three other homes in the subdivision have pools, a residential pool is a typical accessory use for a single-family neighborhood and would not be expected to negatively impact the surrounding properties. Planning Commission • 0 7555 Walnut Curve — Planning Case 2018-04 January 16, 2018 Page 5 of 5 SUMMARY The applicant's proposed lot coverage is within the bounds established by the subdivision's PUD ordinance, and their proposed stromwater management BMPs will meet the shoreland overlay district's intent of protecting the nearby stream. The proposed pool is a typical accessory use for a single-family residential district, and will not be out of character for the surrounding neighborhood. For these reasons staff recommends approval of the proposed variance with conditions. RECOMMENDATION Staff recommends that the Planning Commission approves a 4.9 percent lot coverage variance subject to the conditions of approval and adopts the attached Findings of Facts and Decisions: 1. The applicant must apply for and receive a building permit. 2. Lot coverage may not exceed 4,266 square feet. 3. A low berm must be constructed southeast corner of the lot as depicted in Attachment 6: WRC Required Berm. 4. The applicant must purchase and install a fourth rain barrel. 5. A rain garden must be installed in the southwest corner of the property. The design of the rain garden and installation must be verified by the city's Water Resources Coordinator. Should the Planning Commission deny the variance request, it is recommended that the planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen Board of Appeals and Adjustments denies the 4.9 percent lot coverage variance." ATTACHMENTS l . Finding of Fact and Decision Approval 2. Finding of Fact and Decision Denial 3. Development Review Application 4. Public Hearing Notice Mailing List 5. Variance Document 6. WRC Required Berm GAPLAN\2018 Planning Cases\18-04 - 7555 Walnut Curve\Staff Report-7555 Walnut Curve_PC.doc 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: The application of Custom Pools on behalf of Nick and Jessica Hansgen for a 4.9 percent lot coverage variance on a property zoned PUDR- Planning Case 2018-04. On January 16, 2018, 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 Planned Unit Development -Residential (PUDR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Medium Density. 3. The legal description of the property is: Lot 4, Block 2, Walnut Grove 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The intent of the city's shoreland management ordinance is to protect the city's aquatic resources by limit the amount stormwater generated by properties within 300 feet of streams/rivers. Due to the lot's existing drainage pattern and the proposed stormwater BMPs, the proposed project will not increase the amount of stromwater discharged into the stream. The parcel's zoning district would otherwise allow for the proposed lot coverage without requiring a variance, and pools are a typical accessory use in single-family neighborhoods. 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 0 • 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: All but 4 of the subdivision's detached single family homes are allowed up to 30 percent lot coverage and the proposed pool area is a typical use for this neighborhood. 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 property is located within the city's shoreland overlay district due to the presence of a small creek located on the agricultural land to the east. The creek's location combined with the fact that the property drains away from the creek creates a unique circumstance that allows for higher lot coverage without negatively impacting the creek. e. The variance, if granted, will not alter the essential character of the locality. Finding: Most other properties within the subdivision are allowed 30 percent lot coverage and three other homes have pools. The proposed pool is a typical accessory use for a residential district. The proposed project will not alter the essential character of the neighborhood. 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 #2018-04, dated January 16, 2018, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves a 4.9 percent lot coverage variance, subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. Lot coverage may not exceed 4,266 square feet. 3. A low berm must be constructed in the southeast corner of the lot as depicted in "Attachment 6: WRC Required Berm" in the staff report from PC 2018-04 dated January 16, 2018. 4. The applicant must purchase and install a fourth rain barrel. 2 0 E 5. A rain garden must be installed in the southwest corner of the property. The design of the rain garden and installation must be verified by the city's Water Resources Coordinator. ADOPTED by the Chanhassen Planning Commission this 16th day of January, 2018. CITY OF CHANHASSEN BY: Chairman N 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) m, The application of Custom Pools on behalf of Nick and Jessica Hansgen for a 4.9 percent lot coverage variance on a property zoned PUDR- Planning Case 2018-04. On January 16, 2018, 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 Planned Unit Development -Residential (PUDR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Medium Density. 3. The legal description of the property is: Lot 4, Block 2, Walnut Grove 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The zoning code's shoreland overlay district was enacted to protect the city's aquatic resources. The restriction on lot coverage is concerned with both limiting the amount of stormwater that is discharged into public waters and ensuring the presence of a high percentage of vegetative cover near lakes and streams. While the applicant's proposal addresses the issue of stormwater management, it would still result in the loss of a significant amount of greenspace. The resulting loss of vegetation is contrary to the intent of the 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. 0 0 Finding: The parcel currently has a home, garage, deck, shed, and patio area that allow for the parcel to be used in the manner intended for detached single-family districts. The inability of the applicant to construct a desired accessory structure within the bounds of the shoreland overlay district's lot coverage allowance does not constitute a practical difficulty. 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 property is located within the city's shoreland overlay district due to the presence of a small creek located on the agricultural land to the east. e. The variance, if granted, will not alter the essential character of the locality. Finding: Most other properties within the subdivision are allowed 30 percent lot coverage and three other homes have pools. The proposed pool is a typical accessory use for a residential district. The proposed project will not alter the essential character of the neighborhood. 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 #2018-04, dated January 16, 2018, prepared by MacKenzie Walters, is incorporated herein. MC'ISION The Chanhassen Board of Appeals and Adjustments denies the 4.9 percent lot coverage variance. ADOPTED by the Chanhassen Planning Commission this 16th day of January, 2018. CITY OF CHANHASSEN Chairman 2 0 0 ?C)1�- C� COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 0 CITY OF CHMHASSEN —1 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: PC Date: ( CC Date: I Z 60-Day Review Date: 2 Sectionb3 lip) •apply) (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 xrQ sting 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 ❑ 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. toNotification Sign (City to instal and remove)...................................................................................................................1. $200 ® Property Owners' List within 500' (City to generate after pre -application meeting) ...................................... ........ $3 per address (`7 L addresses) ❑ Escrow for Recording Documents (check all that apply) ......................................... .... . $50 document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation 'M Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (2 deeds) ❑ Easements (— easements) ❑ Deeds � , cL, TOTAL FEE: C -fir RequiredSection 2: • Description of Proposal: Property Address or Location: Parcel #: Legal Description: Total Acreage: Wetlands Present? ❑ Yes *No Present Zoning: F" { Requested Zoning: Present Land Use Designation: 1 Requested Land Use Designation: Existing Use of Property: NIT-4 , )c,�LA ❑ Check box if separate narrative is attached. • 0 ISection 3: Property Owner and Applicant Information 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 Contact: Or*+I?-: Wtt Phone: Cell. - Fax: Date:—L� tS(►—t 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 the information and exhibits submitted are true and correct. Name: {V i 411 t',SSI (t, tiTinlsnc' Address: 1CJ�s �L'C��Y1u� (:l,irVL' City/State/Zip: I"1 aid (') ;t s, r) SA, 1 I Email: hcq)' 6cofarll I,t,L urlin 1 '0111l Contact: CK 4a Phone: f�1z,1-22-l) c,,(i,1'C) Cell: S,• 2 t 2• 0 01 S q Fax: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice/of a plication deficiencies shall be mailed to the applicant within 15 business days of application. Signatures _ Date: 0— i -1 1 1 PROJECT ENGINEER (if applicable) Name: Address: City/State/Zip: Email: Contact: Phone: Cell. - Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email _ ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. 0 December 15, 2017 To whom it may concern. - Thank you for taking the time to consider our application for a proposed variance on our property. We wish to add an 18' x 36' sport pool to our backyard. As you are aware, our lot, along with 4 other neighbors fall within a shoreline area. This turns the general neighborhood allowance of 30% hardcover to a 25% allowance for our property. We would like you to consider allowing us a 29.9% hardcover allowance in order to place a pool in our backyard. The lot that we live on currently drains east away from the buffer zone of the creek bed and does not currently add any additional runoff as is into that area. The addition of the pool will not disrupt that flow and will continue to run eastward. We currently use good storm water management and environmental practices in our yard and plan to add to those with our new plan. We have 3 rain barrels that collect rain water from our deck surface, the house roof and our garage roof. We use this rain water to water the many native plantings we currently have and plan to keep in the future. Our new plan includes the addition of 1 more rain barrel, as well as a rain garden to collect additional runoff that might be created because of our pool. We plan to use flowers, butterfly plantings and other native grasses in this area as well. When looking at our existing hardscape coverage, and in conversations with city planning, there appears to be little that we can remove in order to fit within the allowed 25%. The purpose of this variance is not based upon any economic considerations. We feel that the addition of the landscaping (rain garden and additional native plantings) will in fact enhance the character of our location. We would like for you to take our plans into consideration as we would like to create a backyard space our young family can enjoy for many years. Our oldest son, who is currently 9 years old is active in our community sports leagues and that has us busy most weekends/nights of the year. We have limited time to travel and therefore would like to create this backyard space as our retreat from the hustle of this 'sports' life. We would like to put a pool in our backyard that would allow us to enjoy the time we have in-between the hectic life of raising 2 young children, enjoying family time and having a place for friends to gather. Should you have any questions, feel free to Jessica directly at 952.212.0959. Your consideration in this matter is greatly appreciated. Thank you Nick & Jessica Hansgen 7555 Walnut Curve • 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on January 4, 2018, 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 request to consider a lot coverage variance to build a pool for property located at 7555 Walnut Curve and zoned Planned Unit Development Residential (PUDR) 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 � day of , 2018. Nkary Public Nyk -T YY T. Meuwissen, Deputy C AM%U' JE'1iy+l"i ANN POTTER Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 16, 2018 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to consider a lot coverage variance to build a pool for Proposal: property located at 7555 Walnut Curve and zoned Planned Unit Development Residential (PUDR). Applicant: Custom Pools Property 7555 Walnut Curve Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the 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/2018-04. If you wish to talk to someone about this project, please contact MacKenzie Questions & Walters by email at mwalters(cDci.chanhassen.mn.us or by 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. NEW! 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 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 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 rezonmgs and land use amendments from residential to commercial/industnal. • 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 they process should check with the Panning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonirepresentative 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 Panning 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 Planning Staff person named on the notification. Date & Time: Tuesday, January 16, 2018 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to consider a lot coverage variance to build a pool for Proposal: property located at 7555 Walnut Curve and zoned Planned Unit Development Residential (PUDR). Applicant: Custom Pools Property 7555 Walnut Curve Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: • What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the 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/2018-04. If you wish to talk to someone about this project, please contact MacKenzie Walters by email at mwalters(a.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. NEW! Sign up to receive email and/or text notifications when meeting agend� 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, Wetland Alterations, Rezonings. Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feel 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 commercialfmdustrial. • 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 spokespersontrepresentative 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 Panning 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 Planning Staff person named on the notification. YURI FARBER 15351 60TH AVE N WALNUT GROVE VILLAS ASSN 1801 AMERICAN BLVD E # 21 MINNEAPOLIS MN 55446-4541 BLOOMINGTON MN 55425-1230 WALNUT GROVE HOMEOWNERS ASSN 1801 E 79TH ST #21 BLOOMINGTON MN 55425-1230 WINFIELD 1 JOHNSON ETAL 18964 MAPLE LEAF DR EDEN PRAIRIE MN 55346-3334 ORVAL E GOLDSBY 2008 CLOVER CT CHANHASSEN MN 55317-8351 MARC C DUBINSKY 2013 CLOVER CT CHANHASSEN MN 55317-8352 KNIGHT LIVING TRUST 2014 CLOVER CT CHANHASSEN MN 55317-8351 MARY JO ROBERTS 2019 CLOVER CT CHANHASSEN MN 55317-8352 RONALD E & KAREN E NEITZEL 2020 CLOVER CT CHANHASSEN MN 55317-8351 DONALD L MCDONALD 2025 CLOVER CT CHANHASSEN MN 55317-8352 JEAN M KINGSRUD 2027 BRINKER ST CHANHASSEN MN 55317-9360 LINDSEY P & ELVERA M BRADY 2028 CLOVER CT CHANHASSEN MN 55317-8351 NANCY NELSON 2033 CLOVER CT CHANHASSEN MN 55317-8352 LINDA W BRODSKY 2034 CLOVER CT CHANHASSEN MN 55317-8351 DAVID P BIANCHI 2039 CLOVER CT CHANHASSEN MN 55317-8352 RANAE A DAHLBERG 2042 CLOVER CT CHANHASSEN MN 55317-8351 KEVIN J JOYCE 2043 BRINKER ST CHANHASSEN MN 55317-9360 NORMA J MAY 2050 CLOVER CT CHANHASSEN MN 55317-8351 BRENDA JOHNSON 2057 CLOVER CT CHANHASSEN MN 55317-8352 STEVEN A & PATRICIA E RANZ 2058 CLOVER CT CHANHASSEN MN 55317-8351 KATHLEEN A HALDEMAN 2059 BRINKER ST CHANHASSEN MN 55317-9360 MARK E & MELINDA S SEEGERS 2061 CLOVER CT CHANHASSEN MN 55317-8352 LANE DOERRING 2065 CLOVER CT CHANHASSEN MN 55317-8352 DAVID B & GLORIA J SPONG 2066 CLOVER CT CHANHASSEN MN 55317-8351 MICHAEL D & DIANE M HEMSWORTH 2O74 CLOVER CT CHANHASSEN MN SS317-8351 JAMES E & JACQUELINE A SCHMIDT 2075 BRINKER ST CHANHASSEN MN 55317-9360 STEVEN R & JANICE M THOMPSON 2077 CLOVER CT CHANHASSEN MN 55317-8352 ALICE M ENGLISH 2O82 CLOVER CT CHANHASSEN MN 55317-8351 JOHN MICHAEL LALIM 2089 CLOVER CT CHANHASSEN MN 55317-8352 MICHAEL PEKARNA 2090 CLOVER CT CHANHASSEN MN 55317-8351 BRIAN R ERDMAN 2091 BRINKER ST CHANHASSEN MN 55317-9360 ROGER & NORMA L VANHAAFTEN 2102 CLOVER CT CHANHASSEN MN 55317-8353 ROTTLUND COMPANY INC 3065 CENTRE POINTE DR ROSEVILLE MN 55113-1130 ERICA L HULS 1406 N RAYMOND AVE # 2 PASADENA CA 91103-370S L� r� L BRIAN P HANSON 725 WESTON RIDGE PKWY CHASKA 7500 WINDMILL DR CHANHASSEN MN 55318-1202 CHRISTOPHER R & KARI T HENTGES MN 55317-9363 MARK S FEYEREISEN 7501 WINDMILL DR CHANHASSEN MN 55317-9365 ERIC JAMES MAHER 7511 CROCUS CT CHANHASSEN MN 55317-9351 CHARLES E & LORETTA GOETZINGER 7521 WINDMILL DR CHANHASSEN MN 55317-9365 DAVID W CALLISTER 7541 WINDMILL DR CHANHASSEN MN 55317-9365 WILLIAM R JACQUES 7545 WALNUT CURV CHANHASSEN MN 55317-9394 JON L & JACQUELYN A WILLIAMS RYAN M MCCLURE THOMAS S & PATRICIA L BREMER NICHOLAS R HANSGEN JAMES M TINUCCI 7547 WALNUT CURV CHANHASSEN MN 55317-9394 7550 WALUNT CURV CHANHASSEN MN 55317-9393 7551 WALNUT CURV 7555 WALNUT CURV 7559 WALNUT CURV CHANHASSEN CHANHASSEN CHANHASSEN MN 55317-9394 MN 55317-9394 MN 55317-9394 PAUL S & NANCY J BODDICKER 7563 WALNUT CURV CHANHASSEN MN 55317-9394 VICTOR D II & CAROLYN R DOYLE 7564 WALNUT CURV CHANHASSEN MN 55317-9393 DAVID ERIC WEBB 7567 WALNUT CURV CHANHASSEN MN 55317-9394 PATRICK M RUTLEDGE 7568 WALNUT CURV CHANHASSEN MN 55317-9393 JASON RUD 7571 WALNUT CURV CHANHASSEN MN 55317-9394 JAMES D HAIDER 7572 WALNUT CURV CHANHASSEN MN 55317-9393 STEVEN L & CAM MIE J LILLEHAUG 7575 WALNUT CURV CHANHASSEN MN 55317-9394 DOUGLAS LEE PERNULA 7576 WALNUT CURV CHANHASSEN MN SS317-9393 MARC B & ALLISON 1 POWERS 7579 WALNUT CURV CHANHASSEN MN 55317-9394 ALAN E & JAN M YOUNG 7580 WALNUT CURV CHANHASSEN MN 55317-9393 HOLLI GLENDENNING REV TRUST 7583 WALNUT CURV CHANHASSEN MN 55317-9394 JOSEPH MARRAZZO 7584 WALNUT CURV CHANHASSEN MN SS317-9393 CHERI L HANNA 7655 BLUEBONNET BLVD CHANHASSEN MN 55317-8350 KAREN A SUEDMEYER 7656 PRIMROSE PL CHANHASSEN MN 55317-8349 STEVEN AHLQUIST 7657 PRIMROSE PLACE CHANHASSEN MN 55317-8349 RICARDO S DIAZ 7658 PRIMROSE PLACE CHANHASSEN MN 55317-8349 GISELE M FREDRICK 7660 CONEFLOWER CURV N CHANHASSEN MN 55317-8355 LANCE OLSON 7661 BLUEBONNET BLVD CHANHASSEN MN 55317-8350 PAMELA W ILLIES 7661 CONEFLOWER CURV N CHANHASSEN MN 55317-8355 KEVIN R KLINGBIEL 7663 PRIMROSE PL CHANHASSEN MN 55317-8349 MEGAN A SOHNS j7669 CONEFLOWER CURV CHANHASSEN MN 55317-8355 ANN SAUER 17670 BLUEBONNET BLVD CHANHASSEN MN 55317-8350 • CARLA DOGAN 7673 BLUEBONNET BLVD CHANHASSEN MN 55317-8350 PEGGY J STEVENSON 7674 PRIMROSE Pl. CHANHASSEN MN 55317-8349 KATHRYN A KEYWORTH 7675 PRIMROSE PL CHANHASSEN MN 55317-8349 MICHAELJ GORRA PO BOX 9798 FARGO ND 58106- • • 0 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2018-04 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 4.9 percent lot coverage variance. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 4, Block 2, Walnut Grove. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. Lot coverage may not exceed 4,266 square feet. 3. A low berm must be constructed in the southeast corner of the lot as depicted in "Attachment 6: WRC Required Berm" in the staff report from PC 2018-04 dated January 16, 2018. 4. The applicant must purchase and install a fourth rain barrel. 5. A rain garden must be installed in the southwest corner of the property. The design of the rain garden and installation must be verified by the city's Water Resources Coordinator. 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 16th, 2018 Im (SEAL) AND: STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN Denny Laufenburger, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this _ day of , 2018 by Denny Laufenburger, Mayor and Todd Gerhardt, 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 NOTARY PUBLIC 2 Attachment 6 aw LU uj ell- 0 uu Q, SIG 1'i it \ �/ v i♦ - n - i i 400 \\ .- !: ,` ,•` �,•,` � \� � �� .-• Jai..-..._ ►� �� IOC! i �. iC' f Al ■ t96 5+� ,n Q'% t .• � T I I v l i CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2018-04 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 16, 2018 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 lot coverage variance to build a pool for property located at 7555 Walnut Curve and zoned Planned Unit Development Residential (PUDR) Applicant: Custom Pools Owner: Nick & Jessica Hansgen. A plan showing the location of the proposal is available for public review on the city's web site at wwwci.chanhassen. mn.us/2018-04 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 Walters Email: mwaltersL ci.chanhassen.mn.us Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday, January 4, 2018; No. 4546) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, 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 331A.02, 331A.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: abcdefghuklmnopgrstuvwxyz Subscribed and sworn before me on <OL Laurie A. Hartmann 8 JYMME JEANNETTE BARK NOTARY PUBLIC . MINNESOTA MY COMMISSION EXPIRES 01131i23 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 ............................................... S 12.97 per column inch CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: The application of Custom Pools on behalf of Nick and Jessica Hansgen for a 4.9 percent lot coverage variance on a property zoned PUDR- Planning Case 2018-04. On January 16, 2018, 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 Planned Unit Development -Residential (PUDR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Medium Density. 3. The legal description of the property is: Lot 4, Block 2, Walnut Grove 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The intent of the city's shoreland management ordinance is to protect the city's aquatic resources by limit the amount stormwater generated by properties within 300 feet of streams/rivers. Due to the lot's existing drainage pattern and the proposed stormwater BMPs, the proposed project will not increase the amount of stromwater discharged into the stream. The parcel's zoning district would otherwise allow for the proposed lot coverage without requiring a variance, and pools are a typical accessory use in single-family neighborhoods. 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: All but 4 of the subdivision's detached single family homes are allowed up to 30 percent lot coverage and the proposed pool area is a typical use for this neighborhood. 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 property is located within the city's shoreland overlay district due to the presence of a small creek located on the agricultural land to the east. The creek's location combined with the fact that the property drains away from the creek creates a unique circumstance that allows for higher lot coverage without negatively impacting the creek. e. The variance, if granted, will not alter the essential character of the locality. Finding: Most other properties within the subdivision are allowed 30 percent lot coverage and three other homes have pools. The proposed pool is a typical accessory use for a residential district. The proposed project will not alter the essential character of the neighborhood. 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 #2018-04, dated January 16, 2018, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves a 4.9 percent lot coverage variance, subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. Lot coverage may not exceed 4,266 square feet. 3. A low berm must be constructed in the southeast corner of the lot as depicted in "Attachment 6: WRC Required Berm" in the staff report from PC 2018-04 dated January 16, 2018. 4. The applicant must purchase and install a fourth rain barrel. 2 5. A rain garden must be installed in the southwest corner of the property. The design of the rain garden and installation must be verified by the city's Water Resources Coordinator. ADOPTED by the Chanhassen Planning Commission this 16th day of January, 2018. CITY OF CHANHASSEN Chairman CARVER COUNTY, M1NNESOI A VARIANCE 2018-04 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 4.9 percent lot coverage variance. 2. Prove . The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 4, Block 2, Walnut Grove. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. Lot coverage may not exceed 4,266 square feet. I A low berm must be constructed in the southeast corner of the lot as depicted in "Attachment 6: WRC Required Berm" in the staff report from PC 2018-04 dated January 16, 2018. 4. The applicant must purchase and install a fourth rain barrel. 5. A rain garden must be installed in the southwest corner of the property. The design of the rain garden and installation must be verified by the city's Water Resources Coordinator. 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 16th, 2018 CITY OF CHANHASSEN BY: (SEAL) D y Laufenliurger, Ma or AND. Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this J— day of F�b Wd*LA , 2018 by Denny Laufenburger, Mayor and Todd Gerhardt, 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. jWt40tW ENNIFEROMR TM" �f91,2020Y DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 NrbrARY PUBLIC 2 Attachment 6 +, /r �J SIC, �• 1iT;..i;` .kE • /OV- vim"{�(.y'V((/7/G • I.-. .1�..'F`' !.i�/�. f•" • // �N' } IX FFE-1007.5 - (� [` • _ �"� 'A W +fin` \ • .� -„ . ` . ;• � � �, — �e g � 1 J Y. 40 W i 0.40 O FF• tRCF • a • �X OR!dQ T:1 fAl • 5fi6 SF /N.05' w � ti � ,• I I ~ � i I• '1 iL T•::T:.t ST1`'t; TCS Ri:•F:'.I!'1. ��` I .I �. _ _ L CITY OF C HANHAvauaE N px-oy Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow January 23, 2018 Nick and Jessica Hansgen 7555 Walnut Curve Chanhassen, MN 55317 Re: Variance -Pool (7555 Walnut Curve) Dear Mr. and Mrs. Hansgen, This letter is to formally notify you that on January 16, 2018, the Chanhassen Planning Commission voted to approve the following motion: "The Chanhassen Board of Appeals and Adjustments approves a 4.9 percent lot coverage variance, subject to the conditions of approval and adopts the attached Findings of Facts and Decisions." The conditions of the variance are as follows: 1. The applicant must apply for and receive a building permit. 2. Lot coverage may not exceed 4,266 square feet. 3. A low berm must be constructed southeast corner of the lot as depicted in Attachment 6: WRC Required Berm. 4. The applicant must purchase and install a fourth rain barrel. 5. A rain garden must be installed in the southwest corner of the property. The design of the rain garden and installation must be verified by the city's Water Resources Coordinator. The variance is valid for one year from the approval date. The conditions placed on the variance must be met by January 16, 2019. If you have any questions, please contact me at 952-227-1132 or by email at mwaltersaa,ci.chanhassen mn us. Sincerely, A"4*.c 400r MacKenzie Walters Assistant Planner Enc c: Building File GAPLAN\2018 Planning Cases\l8-04 - 7555 Walnut Curve\Approval Getter 18-04.doc PH 952.227.1100 - www.d.chanhassen.mn.us • FX952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 s r. S3dVOX3 z:iOOaino i A3ANns lI VYU3d ION IGIMAOOd O ' !� YL -A 7 _A 1. 1 ua iiucCt 0 a n a F— EN HOUSE = 1977 SF FPORCH = 64 SF DECK = 380 SF (INCSCRNPO) PATIO = 127 SF WALK = 100 SF DRIVE = 1016 SF SHED = 112 SF TOTAL = 3776 SF/26.4% PROPOSED POOL DECK = 496 SF PATIO = 70 SF TOTAL = 566 SF /4.0% TOTAL EXISTING TO REMAIN AND PROPOSED = 4266 SF / 29.9% 0 ti GFE=1005.9 X FFE=1007.5 EXISTING HOUSE LFE=998.0 X 0 20 40 60 SCALE IN FEET = EXISTING SPOT ELEVATION. X(998.0) = PROPOSED SPOT ELEVATION = DIRECTION SURFACE DRAINAGE COH = CANTILEVERED OVERHANG OHL = OVERHEAD UTILITY LINE GFE = GARAGE FLOOR ELEVATION TFE = TOP OF FOUNDATION ELEVATION LFE = LOWEST FLOOR ELEVATION LEGAL DESCRIPTION: LOT 4, BLOCK 2, WALNUT GROVE, CARVER COUNTY, MN. ADDRESS - 7555 WALNUT CURVE PID#19-028-24-24-0130 r• T�T6, LOT AREA = 14283 SF/ 0.33 AC h Vill X 30% = 4285 SF HC ALLOWED a� Y T �O iols �e 1000 0 � a w� J "Lo co z Z O oO Y U w ca (D W - LL M a. 7 ®Zrn "t0Lo m LLf m SA30ON!NNV7d N3SSb'H!gVHD LIOZ C I- --)F! 03A1303U 1d3SSVHNVHp.Ap,,...c COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 * CITY OFCHANHA33EN AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: December 19, 2017 Agency Review Response Deadline: January 4, 2018 Date Application Filed: December 15, 2017 Contact: Contact Phone: Contact Email: MacKenzie Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Assistant Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: January 16. 2018 at 7:00 p.m. February 12. 2018 at 7:00 p.m. February 13, 2018 Application: Consider a lot coverage variance to build a pool for property located at 7555 Walnut Curve and zoned Planned Unit Development Residential (PUDR). Applicant: Custom Pools Owner: Nick & Jessica Hans en Planning Case: 2018-04 Web Pie: www.ci.chanhassen.mn.us/2018-04 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, 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. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adiacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ® Fire Marshal Watershed Districts: ❑ Minnetonka ® ® Forester Park Director El Carver County WMO El ❑ Shorewood Victoria ® Water Resources ❑ Lower MN River ❑ Law Enforcement ElMiny Creek Adiacent Counties: ® Riley -Purgatory -Bluff Riley -Pura gatory-Bluff Creek Carver County Agencies: — Utilities: ❑ ❑ Hennepin Scott ❑ ❑ Community Development Engineer ❑ Cable TV — Mediacom School Districts: ❑ Environmental Services ❑ Electric — Minnesota Valley ❑ Historical Society ❑ Electric — Xcel Energy ❑ Eastern Carver County 112 ❑ Parks ❑ Magellan Pipeline ❑ Minnetonka 276 ❑ Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ ❑ Board of Water & Soil Resources Health UaxM� ❑ Authority MN Landscape Arboretum ❑ Historical Society hFC�{ ev.1� Jew ❑ SouthWest Transit ❑ Natural Resources -Forestry ❑ TC&W Railroad ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CUMMSSENMailing Address — P.O. Box 147, Chanhassen, MN 55317 t/ Phone: (952) 227-1300 / Fax: (952) 227-1110 �1 APPLICATIO'N^ FOR DEVELOPMENT REVIEW Submittal Date: �� S — I PC Date: tY CC Date: Z 1 Zf5 60-Day Review Date: 13 Section 1: Application (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 ❑ CommerciaUlndustrial 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 blots) ❑ 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) 1\ Variance (VAR) .................................................. C$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 (�L addresses) � a ❑ Escrow for Recording Documents (check all that apply)................................................................... C. $50 document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (2 deeds) ❑ Easements easements) ❑ Deeds TOTAL FEE: Section 2- ReqUired Inforination Description of Proposal: Property Address or Location:Ic- SS �� C� �1 Ltd rL' C i'1Cl t l iiGiS1 , w1 SS �j 1 Parcel #: Legal Description: Total Acreage: JJ Wetlands Present? Present Zoning: f` V11 L Present Land Use Designation: Existing Use of Property: 4o p Check box if separate narrative is attached. Yes 8(No Requested Zoning: Requested Land Use Designation: Section 3: Property Owner and Applicant Information 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: Pg?� Contact: hAY,-: Wtt Address: 4�2>0yfo eo&dAn V.Le ct Phone: g6'L.1.92.a1'1'12r City/State/Zip: k—lcyO�L.�NS R'-LN SS i`�3 Cell: _ SA-"F— Email: IL rm Fax: Signature: Date: a.1 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 the information and exhibits submitted are true and correct. Name: N i C Y_ .J f SSI bi I'liIA I �An 1 Address: 1 5S S ti a� l'� U f- City/State/Zip: C h an h 6 SS-1f1'1 N Email: ^C 11�Cj%'fl{7�f11 i urna 11 • CD'iYl Contact: i+ci I lSG1t'11 Phone: ESL 220 G,Oq D Cell: qG 2- 0C'1G9 Fax: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice f application deficiencies shall be mailed to the applicant within 15 business days of application. Signatures Date: L l PROJECT ENGINEER (if applicable) Name: Contact: Address: City/State/Zip: Email: Phone: Cell: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. December 15, 2017 To whom it may concern Thank you for taking the time to consider our application for a proposed variance on our property. We wish to add an 18' x 36' sport pool to our backyard. As you are aware, our lot, along with 4 other neighbors fall within a shoreline area. This turns the general neighborhood allowance of 30% hardcover to a 25% allowance for our property. We would like you to consider allowing us a 29.9% hardcover allowance in order to place a pool in our backyard. The lot that we live on currently drains east away from the buffer zone of the creek bed and does not currently add any additional runoff as is into that area. The addition of the pool will not disrupt that flow and will continue to run eastward. We currently use good storm water management and environmental practices in our yard and plan to add to those with our new plan. We have 3 rain barrels that collect rain water from our deck surface, the house roof and our garage roof. We use this rain water to water the many native plantings we currently have and plan to keep in the future. Our new plan includes the addition of 1 more rain barrel, as well as a rain garden to collect additional runoff that might be created because of our pool. We plan to use flowers, butterfly plantings and other native grasses in this area as well. When looking at our existing hardscape coverage, and in conversations with city planning, there appears to be little that we can remove in order to fit within the allowed 25%. The purpose of this variance is not based upon any economic considerations. We feel that the addition of the landscaping (rain garden and additional native plantings) will in fact enhance the character of our location. We would like for you to take our plans into consideration as we would like to create a backyard space our young family can enjoy for many years. Our oldest son, who is currently 9 years old is active in our community sports leagues and that has us busy most weekends/nights of the year. We have limited time to travel and therefore would like to create this backyard space as our retreat from the hustle of this 'sports' life. We would like to put a pool in our backyard that would allow us to enjoy the time we have in-between the hectic life of raising 2 young children, enjoying family time and having a place for friends to gather. Should you have any questions, feel free to Jessica directly at 952.212.0959. Your consideration in this matter is greatly appreciated. Thank you Nick & Jessica Hansgen 7555 Walnut Curve v -]E DRAT (OH tGANIII-EWRE1 !i �RHANG OHL OVERHEAD UTILi'Ty �; NE 13FE - GARAGE FLOOR ELEVATION 11-E -7r)POL;rOUNDtTIONELE,,,'A]!(."N fz[- =iovvESTLLOORE..FVA�ION 400 LEGAL DFS�,pjp r,ON �-Q 7 4, RLCCK 2. WALNUT GPOVE. CARVER COUNTN', MN z W GFE-1005.9 '555 WALNUT CUPVE: O Pl',)#l9-0'R-2A-24.0I30 IS LOT ARFA = 14293 SF! 0.33 AC X FM01007.5 X 30lld6 = 4285 SF HC ALLOWED 47 D Ad N" cl) EXISTING .000 HOUSE w 0 68 4�1 LFE-998.0 X lop 0 ui NIP H0L,,l;E 977 SF MORCH 84 SF DECK -- 180 8F (INCSL,RNPO) PATIO t 12- ';F WALK = 100 SF Xovu DRIVE - 1016 SF SHED 112,-F TO rAL = 37"C SF;28AS,., pFznpr,;iED via POOL CrtCK PATIO 70 : F Tc)rAL .566SF/40*/. TOTAL EXISTING TO REMAIN - AND PRCPOSED m 4286 SF / 29 14Y, COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CHMNSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: December 19, 2017 January 4, 2018 December 15, 2017 Contact: Contact Phone: Contact Email: MacKenzie Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Assistant Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: January 16, 2018 at 7:00 p.m. February 12, 2018 at 7:00 p.m. February 13, 2018 Application: Consider a lot coverage variance to build a pool for property located at 7555 Walnut Curve and zoned Planned Unit Development Residential (PUDR). Applicant: Custom Pools Owner: Nick & Jessica Hans en Planning Case: 2018-04 1 Web Page: www.ci.chanhassen.mn.us/2018-04 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, 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. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adiacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ® Fire Marshal 11 ty6aC4 Watershed Districts: ❑ Minnetonka ® Forester ❑ Shorewood ® Park Director ❑ Carver County WMO ❑ Victoria ® Water Resources ❑ Lower MN River ❑ Law Enforcement ElMiny Creek Adiacent Counties: ® Riley -Purgatory -Bluff Riley -Pura gatory-Bluff Creek Carver County Agencies: ❑ HennepinUtilities: ❑ Scott ❑ Community Development ❑ Engineer El Cable TV — Mediacom School Districts: El Environmental Services ❑ Electric —Minnesota Valley El Historical Society ❑ Electric — Xcel Energy ❑ Eastern Carver County 112 El Parks ElMagellan Pipeline ❑ Minnetonka 276 ❑ Soil &Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources Authority ❑ MN Landscape Arboretum ❑ Health ❑ Historical Society ❑ SouthWest Transit ❑ TC&W Railroad ❑ Natural Resources -Forestry ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CHMIGEN Mailing Address — P.O. Box 147, Chanhassen. MN 55317 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 19, 2017 January 4, 2018 December 15. 2017 Contact: Contact Phone: Contact Email: MacKenzie Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Assistant Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: January 16, 2018 at 7:00 p.m. February 12. 2018 at 7:00 p.m. February 13. 2018 Application: Consider a lot coverage variance to build a pool for property located at 7555 Walnut Curve and zoned Planned Unit Development Residential (PUDR). Applicant: Custom Pools Owner: Nick & Jessica Hans en Planning Case: 2018-04 1 Web Page: www.ci.chanhassen.mn.us/2018-04 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, 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. 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 ® Engineer ❑ Jackson Township ® Fire Marshal Watershed Districts: ❑ Minnetonka ® Forester El Shorewood ® Park Director El Carver County WMO El Victoria ® Water Resources ❑ Lower MN River El Enforcement ❑ Minnehaha Creek Adjacent Counties: ® Riley -Purgatory -Bluff Creek Carver County Agencies: ❑ Hennepin Utilities: ❑ Scott ❑ Community Development El Engineer El Cable TV — Mediacom School Districts: ❑ Environmental Services ❑ Electric —Minnesota Valley El Historical Society ❑ Electric — Xcel Energy El Eastern Carver County 112 ❑ Parks ❑ Magellan Pipeline ElMinnetonka 276 El &Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources Authority ❑ MN Landscape Arboretum ❑ Health ❑ Historical Society ❑ SouthWest Transit ❑ TC&W Railroad ❑ Natural Resources -Forestry ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 0 CITY OF CHANNSEN -1 APPLICATION FOR DEVELOPMENT REVIEW -7 Submittal Date: PC Date: CC Date: 2112 J b 60-Day Review Date: SectionApplication Typeapply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Subdivision (SUB) ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Create 3 lots or less ........................................ $300 El Conditional ❑ Create over 3 lots.. ............lots)..$600 + $15 per lot Use Permit (CUP) (_ lots) ❑ Single -Family Residence................................$325 ❑ Metes & Bounds (2 lots) .................................. $300 ❑ All Others.........................................................$425 ❑ Consolidate Lots .............................................. $150 ❑ Interim Use Permit (IUP) ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat$700 El In conjunction with Single -Family Residence.. $325 .......................................................... (Includes $450 escrow for attorney costs)' ❑ All Others......................................................... $425 'Additional escrow may be required for other applications ❑ Rezoning (REZ) through the development contract. ❑ Planned Unit Development (PUD) .................. $750 ❑ Vacation of Easements/Right-of-way (VAC)........ $300 ❑ Minor Amendment to existing PUD................. $100 (Additional recording fees may apply) ❑ All Others......................................................... $500 Variance (VAR) ................................................... $200 ❑ Sign Plan Review ................................................... $150 ❑ Wetland Alteration Permit (WAP) ❑ Site Plan Review (SPR) ❑ Single -Family Residence ............................... $150 ❑ Administrative.................................................. $100 ❑ All Others....................................................... $275 ❑ Commercial/industrial Districts' ...................... $500 ElZoning Appeal $100 Plus $10 per 1,000 square feet of building area: ...................................................... ( thousand square feet) 'Include number of existin employees: ❑ Zoning Ordinance Amendment (ZOA)................. $500 'Include number of new employees: ❑ Residential Districts ......................................... $500 NOTE: When multiple applications are processed concurrently, Plus $5 per dwelling unit ( units) the appropriate fee shall be charged for each application. tf Notification Sign (City to install and remove)...................................................................................................................�$200 ® Property Owners' List within 500' (City to generate after pre -application meeting) ...................................... ........ $3 per address (_7 addresses)'V a ❑ Escrow for Recording Documents (check all that apply).................................................................... (.$50— _M document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation M Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (2 deeds) ❑ Easements( easements) ❑ Deeds TOTAL FEE: C Section 2: Required Information Description of Proposal: Property Address or Location: 1 C&; �-V a I `) Lt I W V— `(' , C i1a Yl } -1 V'A IV 5 S I Parcel #: Legal Description: Total Acreage: rr Wetlands Present? Present Zoning: F0U Present Land Use Designation: Existing Use of Property: I��T t -+ Check box if separate narrative is attached: ❑ Yes gNo Requested Zoning: Requested Land Use Designation: Section 3: Property Owner and Applicant Information 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 poor to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name Contact: h*y--w W tt Phone: Cell: SA-nE Fax: Date: n, 1-1 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. 1 certify that the information and exhibits submitted are true and correct. Name: '�J Icy- 'jessI (1, 11SC�q� Address: 1 j )G WMI1 U t CL� Yyf- City/State/Zip: "1 a 1) 41 a S" if n, N t Email:! iCi11Vj(n f-ari'1 I {t C Lira I Contact: N + C l� iZl11SC1>vti1 Phone: C1 SZ • 22.o C'�0 r D Cell: 0('19 ► Fax: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice f application deficiencies shall be mailed to the applicant within 15 business days of application. Signatures Date: a ! t PROJECT ENGINEER (if applicable) Name: Address: Contact: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: _ ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. December 15, 2017 To whom it may concern Thank you for taking the time to consider our application for a proposed variance on our property. We wish to add an 18' x 36' sport pool to our backyard. As you are aware, our lot, along with 4 other neighbors fall within a shoreline area. This turns the general neighborhood allowance of 30% hardcover to a 25% allowance for our property. We would like you to consider allowing us a 29.9% hardcover allowance in order to place a pool in our backyard. The lot that we live on currently drains east away from the buffer zone of the creek bed and does not currently add any additional runoff as is into that area. The addition of the pool will not disrupt that flow and will continue to run eastward. We currently use good storm water management and environmental practices in our yard and plan to add to those with our new plan. We have 3 rain barrels that collect rain water from our deck surface, the house roof and our garage roof. We use this rain water to water the many native plantings we currently have and plan to keep in the future. Our new plan includes the addition of 1 more rain barrel, as well as a rain garden to collect additional runoff that might be created because of our pool. We plan to use flowers, butterfly plantings and other native grasses in this area as well. When looking at our existing hardscape coverage, and in conversations with city planning, there appears to be little that we can remove in order to fit within the allowed 25%. The purpose of this variance is not based upon any economic considerations. We feel that the addition of the landscaping (rain garden and additional native plantings) will in fact enhance the character of our location. We would like for you to take our plans into consideration as we would like to create a backyard space our young family can enjoy for many years. Our oldest son, who is currently 9 years old is active in our community sports leagues and that has us busy most weekends/nights of the year. We have limited time to travel and therefore would like to create this backyard space as our retreat from the hustle of this 'sports' life. We would like to put a pool in our backyard that would allow us to enjoy the time we have in-between the hectic life of raising 2 young children, enjoying family time and having a place for friends to gather. Should you have any questions, feel free to Jessica directly at 952.212.0959. Your consideration in this matter is greatly appreciated. Thank you Nick & Jessica Hansgen 7555 Walnut Curve �� C 0 20 40 60 v rn --- uJ w` G� SCALE �IN FEET `v o =EXISTING SPOT ELEVATION. Up \ Z X(998.0) = PROPOSED SPOT ELEVATION � I cV W = DIRECTION SURFACE DRAINAGE Z QW c V / COH = CANTILEVERED OVERHANG "5- a OHL = OVERHEAD UTILITY LINE u- Z GFE = GARAGE FLOOR ELEVATION W TFE = TOP OF FOUNDATION ELEVATION %0��► / LFE =LOWEST FLOOR ELEVATION 1 �6+ Lu LEGAL DESCRIPTION. LOT 4, BLOCK 2. WALNUT GROVE. I U (/� CARVER COUNTY. MN ui ++ GFE-1005 9 ADDRESS - 7555 WALNUT CURVE rn ui Q PID#19-028-24.24-0130 �.J �/ +,0o^ 10oo , rs LOT AREA - 14283 SF/ 0.33 AC Q ui ' X FFE=1001- 5 49• X 30% - 4285 SF HC ALLOWED J � � w (� +moo+ EXISTING \1�+7 �-- W O HOUSE s 09 m s �1 1� n/ LFE=998 0 X ' 0 O „' L L L HOUSE = 1977 SF �} h >u = O FPORCH = 64 SF �' mr • \ '� \ * DECK = 380 SF (INCSCRNPO) PATIO = 127 SF pOS+G� WALK = 100 SF i " �t"* ` P�o DRIVE = 1016 SF ooL SHED = 112 SF °/n Q t000 TOTAL = 3776 SF126.4 s 73C `•\\ O�GE� 5ly� ��-�� - AlEp PROPOSED POOL DECK = 496 SF PATIO = 70 SF i � N TOTAL = 566 SF /4 0°/, \ N �°�r•�� `t� � � r `� �323 c�322 � U W TOTAL EXISTING TO REMAIN AND PROPOSED = 4266 SF 129 9% Chaska, MN 55318-0069 VALUES AND CLASSIFICATION 952-361-1910#www.co.carver.mn.us Taxes Payable Year 2017 TAXPAYER(S): Step Estimated Market Value 433,400 2315 1 AV 0.373 ♦ Homestead Exclusion NICHOLAS R HANSGEN 1 JESSICA L HANSGEN Taxable Market Value 433,400 7555 WALNUT CURV CHANHASSEN MN 55317-9394 01D02315 Property Classification Res Hstd �nnl�lllllllllll�nlllllllllllll�llrlllll�ll�illllllllll��nr PROPOSED TAX Property Information Property Taxes before credits 5,558.00 Property ID: Property Address: Step School building bond credit 0.00 25.8480180 7555 WALNUT CURV Agricultural market value credit 0,00 CHANHASSEN MN 55317-9394 Other Credits 0.00 Property Description: Taxes Payable Year $5,558.00 Section 10 Township 116 Range 023 WALNUT GROVE Lot 004 Block 002 -- 2018 445,600 445,600 Res Hstd Step PROPERTY TAX STATEMENT 3 To be mailed by the end of March 2018 The time to provide feedback on PROPOSED LEVIES IS NOW It is too late to anneal vour value without noina to Tax Court_ Proposed Property Taxes and Meetings by Jurisdiction for Your Property Contact Information Actual 2017 Proposed 2018 Meeting Informati_o_n CARVER COUNTY - ADMINISTRATION 1,688.89 1,672.00 DECEMBER 7, 2017 6:00 PM GOVT CENTER - 602 4TH ST E CARVER COUNTY CHASKA MN 55318-2102 GOVERNMENT CENTER BOARD ROOM (952) 361-1510 602 4TH ST E CHASKA MN 55318 CITY OF CHANHASSEN 1,083.60 1,059.23 DECEMBER 4, 2017 7:00 PM PO BOX 147 CITY OF CHANHASSEN CHANHASSEN MN 55317-0147 CITY HALL COUNCIL CHAMBERS (952) 227-1149 7700 MARKET BLVD CHANHASSEN MN 55317 SD 0112 EASTERN CARVER CNTY DECEMBER 18, 2017 6:30 PM _ SCHOOL DISTRICT 0112 SCHOOL DISTRICT 0112 11 PEAVEY RD DISTRICT EDUCATION CENTER CHASKA MN 55318-2321 11 PEAVEY RD (952) 556-6261 CHASKA MN 55318 VOTER APPROVED LEVIES 1,873.82 1,791.96 OTHER LOCAL LEVIES 762.16 743.73 METRO SPECIAL TAXING DISTRICTS 122.82 117.51 DECEMBER 13, 2017 6:00 PM MET COUNCIL METRO SPECIAL TAXING DISTS 390 ROBERT ST N COUNCIL CHAMBERS ST. PAUL MN 55101-1805 390 ROBERT ST N (651) 602-1738 ST. PAUL MN 55101 OTHER SPECIAL TAXING DISTRICTS 161.71 173.57 NO MEETING REQUIRED TOTAL $ 569300 $ 555800 Percent -2.4% Excluding Special Assessments ,.,. of Change IMPORTANT INFORMATION IS PRINTED ON THE BACK OF THIS FORM. Property Card Parcel ID Number 258480180 Taxpayer Information Taxpayer Name NICHOLAS R HANSGEN JESSICA L HANSGEN Mailing Address 7555 WALNUT CURV CHANHASSEN, MN 55317-9394 Property Address Address 7555 WALNUT CURV City CHANHASSEN, MN 55317 Parcel Information Uses Res 1 unit GIS Acres 0.32 Net Acres Deeded Acres Plat WALNUT GROVE Lot 004 Block 002 Tax Description Building Information BuildingStyle Story Y 2 Sto Frame Above Grade Finished S Ft 2443 Bedrooms 5 Year Built 1999 Garage Y Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 FWS 064 RILEY PURG BLUFF N N N Assessor Information Estimated Market Value 2016 Values (Payable 2017) 2017 Values (Payable 2018) Last Sale Land $107,700.00 $107,700.00 Date of Sale 6/22/2010 Building $325,700.00 $337,900.00 Sale Value $370,000.00 Total $433,400.00 $445,600.00 - �ce purposes only. This data is not suitab e - _ - - _ : o• otne .,u-ooses. Ca-. cunty does not guarantee the accuracy of the cmat o-r cents .ea ,e e r,. T�s oat:; is furnished on an 'as is' basis and Caver County ma�es •re '"resentat.crib owarra•i6es, ether expresseo cr implied, for the merchantablldy or fitness of the inforrnatlon provided for any purpose. This d scla mer is provided pursuant to Minnesota Statutes §466.03 and the use, of the data provided herein acknowledges that Carver County shal'll not be liab�e for any damages, and by using this data in any way expressly waves all c aims, and agrees to defend, indemnify, and hold harmless Carver County, its officials, offcerrs. agents, employees, etc. from any and all claims brought by anyone who uses the information provided for herein, its employees o, agents, or to:rd cart es wh�ch wise out of use's accessriy acceptance of this data, the user agrees net to transmit this data or provide access to it or any part of it to another party unless the user includes wtn tie data a copy of In s disciarmer. Tuesday. December 19, 2017 Carver County, MN CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 12/19/2017 1:34 PM Receipt No. 00366259 CLERK: AshleyM PAYEE: Nicholas & Jessica Hansgen 7555 Walnut Cury Chanhassen MN 55317- 7555 Walnut Curve Planning Case 2018-04 ------------------------------------------------------- Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 213.00 Total Cash Check 3340 Change 663.00 0.00 663.00 0.00