CAS-04_DAVID BANGASSER - 3633 SOUTH CEDARU8 -
Document No. OFFICE OF THE
A 491248 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee:$ 46.00 Checl4:19621
Certified Recorded on 10-31-2008 at 01:00 ❑ AM M
RECEIVED 491,48
NOV 17 2008 VIII IIIIIIIIIII III cou v
Jr.
CITY OF CHANHASSEN
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MMNESOTA
VARIANCE 08-04
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants the following variance:
The Planning Commission, acting as the Board of Adjustments and Appeals,
approves Planning Case 08-04 for a 20.2 -foot front yard setback variance and an
8 -foot side yard setback variance for the construction of a single-family dwelling
on the riparian parcel of Lot 1, Block 5 & Lot 16, Block 4, Red Cedar Point Lake
Minnewashta. The approved front yard setback variance includes the eaves of the
structure and shall be measured from the 30 -foot platted right-of-way. The
decision was not appealed to the City Council pursuant to Section 20-29(d);
therefore, the granting of the variance is final.
2. Property. The variance is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as follows:
Lot 1, Block 5 & Lot 16, Block 4, Red Cedar Point Lake Minnewashta.
3. Conditions. The variance approval is subject to the following conditions:
1. Building Official Conditions:
a. The applicant must apply for a demolition permit prior to removing the existing
structure.
b. The applicant must apply for a building permit prior to construction.
c. Any portion of the structure less than five (5) feet from the property line must be of
one-hour fire -resistive construction.
d. Building permits are required for retaining walls.
$CANNED
e. Retaining walls must be designed by a structural engineer licensed in the State of
Minnesota.
2. City Engineer Conditions:
a. The Certificate of Survey must be revised as follows when applying for a building
permit:
i. The survey must be to scale.
ii. The note stating "It is not possible to hold public platted right of way due to
long standing evidence of monumentation" must be deleted.
iii. Clarify the bearing of the northern property line for Lot 16.
iv. Correct the Block numbers shown on the survey (Block 4 is shown as Block
5, and vice versa).
v. Show the correct distance and bearing of the property lines for Lot 1, Block
5.
vi. The flow arrows on the sanitary sewer manhole are in the wrong direction.
vii. Show existing and proposed contours.
viii. Show proposed retaining wall location and top and bottom of wall elevation.
ix. All lot measurements, structure setbacks, and impervious coverage shall be
submitted to the city at the time of building permit application.
b. The applicant must submit a proposed grading plan with the building permit to
demonstrate how the site will drain.
3. City Forester Conditions:
a. Tree protection fencing must be properly installed at the edge of construction and
extended completely around the tree at the greatest distance possible. This must be
done prior to any construction activities and remain installed until all construction is
completed.
b. The roots of neighboring trees must be cut by hand or a vibratory plow to avoid
ripping or tearing the roots.
c. To retain soil moisture in the remaining root area, wood chip mulch should be
applied to a depth of 4 — 6 inches, but no deeper, over all the root area.
d. No equipment or materials may be stored within the tree protection area.
e. The trees will need to be watered during dry periods.
f. Any pruning cuts necessary for oaks must be done before April 1 or after July to
avoid any possible exposure to the oak wilt fungus.
'f%
g. One tree is required within the front yard setback area.
4. Water Resource Coordinator Conditions:
a. The plans shall be revised to indicate the placement of silt fence or other approved
perimeter BMP as well as incorporate any applicable Chanhassen standard details
for erosion and sediment control. This should include, at a minimum, 393-5301 and
393-5302B. All erosion and sediment control features shall be installed prior to any
earth disturbing activities and shall remain in place until at least 75% of the property
is covered by vegetation.
b. The applicant shall provide specifications for the soils to be used to backfill the
retaining walls to show that infiltration rates within these areas are maximized.
c. The applicant shall provide a generalized list of plants which are to be used to
landscape the retaining wall areas.
d. The applicant shall maintain the depression adjacent to Lake Minnewashta.
e. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies where applicable and comply with their conditions of approval.
5. General Condition:
a. The site shall not exceed the maximum 25% site coverage allowed in the Residential
Single Family district.
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: March 4, 2008
(SEAL)
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
CITY OF
BY�
Thomas A. Furlong,
Gerhardt, City Manager
The foregoing instrument was acknowledged before me this 11 qday of vv ,
2008 by Thomas A. Furlong, 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.
,/NOT(7 PUBIUC
�' KAREN J.ENGELHARDT
g Notary Public -Minnesota
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
LETTER OF TRANSMITTAL
DATE JOB NO.
9/12/08 08-04
ATTENTION
Sue Nelson
RE:
Document Recording
® Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change Order ❑ Pay Request ❑
4
COPIES
DATE
NO. DESCRIPTION
1
3/4/08
08-04 Variance (Bangasser)
For your use
❑
Approved as noted
❑ Submit
❑
As requested
❑
Returned for corrections
❑ Return
❑
For review and comment
®
THESE ARE TRANSMITTED as checked below:
❑
For approval
❑
Approved as submitted
❑ Resubmit
❑
For your use
❑
Approved as noted
❑ Submit
❑
As requested
❑
Returned for corrections
❑ Return
❑
For review and comment
®
For Recording
❑
FOR BIDS DUE
❑
PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: Dave and Mary Jo Bangasser
copies for approval
copies for distribution
corrected prints
I
SIGNED:
Kim Meuwiss n,(952)227-1107
SCANNED
„enclosures are not as noted, kindly notify us at once.
J
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, M[NNESOTA
VARIANCE 08-04
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants the following variance:
The Planning Commission, acting as the Board of Adjustments and Appeals,
approves Planning Case 08-04 for a 20.2 -foot front yard setback variance and an
8 -foot side yard setback variance for the construction of a single-family dwelling
on the riparian parcel of Lot 1, Block 5 & Lot 16, Block 4, Red Cedar Point Lake
Minnewashta. The approved front yard setback variance includes the eaves of the
structure and shall be measured from the 30 -foot platted right-of-way. The
decision was not appealed to the City Council pursuant to Section 20-24(d);
therefore, the granting of the variance is final.
2. Property. The variance is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as follows:
Lot 1, Block 5 & Lot 16, Block 4, Red Cedar Point Lake Minnewashta.
3. Conditions. The variance approval is subject to the following conditions:
1. Building Official Conditions:
a. The applicant must apply for a demolition permit prior to removing the existing
structure.
b. The applicant must apply for a building permit prior to construction.
c. Any portion of the structure less than five (5) feet from the property line must be of
one-hour fire -resistive construction.
d. Building permits are required for retaining walls.
e. Retaining walls must be designed by a structural engineer licensed in the State of
Minnesota.
2. City Eneineer Conditions:
a. The Certificate of Survey must be revised as follows when applying for a building
permit:
i. The survey must be to scale.
ii. The note stating "It is not possible to hold public platted right of way due to
long standing evidence of monumentation" must be deleted.
iii. Clarify the bearing of the northern property line for Lot 16.
iv. Correct the Block numbers shown on the survey (Block 4 is shown as Block
5, and vice versa).
v. Show the correct distance and bearing of the property lines for Lot 1, Block
5.
vi. The flow arrows on the sanitary sewer manhole are in the wrong direction.
vii. Show existing and proposed contours.
viii. Show proposed retaining wall location and top and bottom of wall elevation.
ix. All lot measurements, structure setbacks, and impervious coverage shall be
submitted to the city at the time of building permit application.
b. The applicant must submit a proposed grading plan with the building permit to
demonstrate how the site will drain.
3. City Forester Conditions:
a. Tree protection fencing must be properly installed at the edge of construction and
extended completely around the tree at the greatest distance possible. This must be
done prior to any construction activities and remain installed until all construction is
completed.
b. The roots of neighboring trees must be cut by hand or a vibratory plow to avoid
ripping or tearing the roots.
c. To retain soil moisture in the remaining root area, wood chip mulch should be
applied to a depth of 4 — 6 inches, but no deeper, over all the root area
d. No equipment or materials may be stored within the tree protection area.
e. The trees will need to be watered during dry periods.
f. Any pruning cuts necessary for oaks must be done before April 1 or after July to
avoid any possible exposure to the oak wilt fungus.
2
g. One tree is required within the front yard setback area.
4. Water Resource Coordinator Conditions:
a. The plans shall be revised to indicate the placement of silt fence or other approved
perimeter BMP as well as incorporate any applicable Chanhassen standard details
for erosion and sediment control. This should include, at a minimum, 393-5301 and
393-5302B. All erosion and sediment control features shall be installed prior to any
earth disturbing activities and shall remain in place until at least 75% of the property
is covered by vegetation.
b. The applicant shall provide specifications for the soils to be used to backfill the
retaining walls to show that infiltration rates within these areas are maximized.
c. The applicant shall provide a generalized list of plants which are to be used to
landscape the retaining wall areas.
d. The applicant shall maintain the depression adjacent to Lake Minnewashta.
e. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies where applicable and comply with their conditions of approval.
5. General Condition:
a. The site shall not exceed the maximum 25% site coverage allowed in the Residential
Single Family district.
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: March 4, 2008
3
(SEAL)
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
CffY OF
BY: iL, j` (
Thomas A. Furlong,
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this /1"day of � >
2008 by Thomas A. Furlong, 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
El
NOT PUBIUC
KAREN J.ENGELHARDT
Notary Public -Minnesota
cgaMgn EXPW" Jan 37,2010
1
CHANHASSEN PLANNING
REGULAR MEETING
MARCH 4, 2008
Chairman Papke called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Kurt Papke, Kathleen Thomas, Dan Keefe, Mark Undestad, and
Debbie Larson
MEMBERS ABSENT: Kevin Dillon
STAFF PRESENT: Kate Aanenson, Community Development Director; Angie Auseth,
Planner I; and Alyson Fauske, Assistant City Engineer
PUBLIC PRESENT:
Jeff, Mark & Kari Nettesheim 9151 Great Plains Boulevard
PUBLIC HEARING:
FAMILY RESIDENCE ON PROPERTY ZONED RESIDENTIAL SINGLE FANIILY
AND LOCATED AT 3633 SOUTH CEDAR DRIVE, PLANNING CASE 08-04.
Angie Auseth presented the staff report on this item.
Papke: Okay, thank you very much. Commissioner Undestad, we'll start with you.
Undestad: Just one on that 30 foot setback from the road. Can that road ever be enlarged or are
there other houses up and down there that would.
Auseth: There are several other houses that are closer than what the applicant is proposing and
I'll let Alyson speak to it.
Undestad: That's kind of why you're going to the language of at the time the permit?
Auseth: (Yes).
Fauske: Just to temporarily clarify Commissioner Undestad, the 30 foot wide roadway is
certainly substandard by today's ordinance so staff wanted to ensure that we would indeed have
rights to that 30 foot wide right-of-way. And as Angie had mentioned in her presentation, the
monumentation out in this area appears to be set incorrectly. To give us that 25.8 feet of right-
of-way and so it was the city attorney's opinion that, to resolve that discrepancy at this point is
too onerous for a variance application. And when we took a look at that, taking that into
consideration with our recommendation, staff feels that even if that 4.2 foot discrepancy laid
Planning Commission Meeting - March 4, 2008
entirely on this property, there would still be sufficient space in the driveway for example to park
a vehicle so that's how we came up with our recommendations.
Undestad: Okay. Thank you.
Papke: Commissioner Larson?
Larson: I don't have any.
Keefe: Yeah, you know these variances come up quite a bit in this neighborhood and then
there's you know a couple other neighborhoods that are similar. Have we ever considered you
know adopting a zoning ordinance for these areas? Just because I mean it seems to be kind of
you know, the zoning ordinance reflects sort of the, today's building standards and those
particular locations. Just curious.
Aanenson: Yeah, that's a great question. We have looked at that you know as far as, when
you've got non -conforming lots, but what the ordinance says right now, if you have a lot of
record, you're entitled to reasonable use of the property. So I'm looking at that. What the intent
of what the staff tried to do, what's the size of the homes around that seems reasonable as far as
square footage. This has some other anomalies as far as the house next door has a parking space
that shares, and we talked about it in the staff report, but you can create an overlay district over
that. I think that's something that we may want to investigate. We have a similar situation in
Carver Beach where the lots are undersized to 75%. The 75% rule. Again to take away the
burden of trying to appeal for the variance. The question is, what is that maximum amount?
What's that neighborhood threshold and trying to get some concurrence on that, because there's
different tolerances of different neighborhoods.
Keefe: Well and that's what it appears. You know I mean, you have to do it on an individual
case. It just makes me think we should maybe do a neighborhood study to kind of set it.
Aanenson: Sure. And I think that's a good point and I think what the test that we've always
done is try to go within 500 feet and that was the intent of the map that's, that we're showing
right now is just kind of say, what's kind of around in that area. What seems reasonable and
that's why we were supporting this one.
Keefe: Okay.
Aanenson: But that's something certainly we can look at. Maybe it's something we can talk
about in our work session.
Papke: Commissioner Thomas.
Thomas: I don't have any questions.
Papke: I've got a couple. We don't routinely approve you know these kind of major variances
without good cause. They set precedence and this particular case we're in a lakeshore situation.
2
Planning Commission Meeting - March 4, 2008
If I understand the crux of the matter here, we're, the city is giving a little bit on the variances
and in exchange, the goal would be to improve water quality by decreasing the hard surface
coverage. We get rid of that variance. You stated that the current driveway is gravel and is that
truly considered permeable or impermeable at this point?
Auseth: Gravel is considered hard cover.
Papke: It is considered hard cover. So we, do we really feel from a surface runoff perspective
that we're going to gain that much by doing this and what do you feel is in the staff report that
will guarantee that this will become grass or mulch or something that is truly you know going to
stay permeable for the duration?
Auseth: Well as a condition of approval we can hold them to that and make sure that that gets
done prior to issuing any kind of Certificate of Occupancy or something like that.
Aanenson: Then further typically when we issue a building permit, we do take escrow for
landscaping and the like so it would be part of that too. The planting. We look at that as part of
the building permit so, to ensure that that's put back in the correct, before they would get
occupancy we would go out and inspect it to make sure that it has been removed, or hold that
escrow.
Papke: Ahight. Anything else for staff? Okay, thank you very much. Okay, do we have an
applicant here tonight that would like to add something to what the staff report has stated? If you
could state your name and address please. For the record.
Dave Bangasser: Hi, I'm Dave Bangasser, the applicant. Our property is 3633 South Cedar
Drive. I have with me here my wife, Mary Jo and our son Peter. This property has been in Mary
Jo's family since the 1940's so Peter's the fourth generation of our family to be able to enjoy this
property and it's one that has been a cabin for quite some time and we'd like to now make it our
permanent residence. Staff has covered things pretty well so I'll be brief and save you from
being here too long. I would want to just maybe make a couple of points. You know the point
was brought up, is it a reasonable proposal? That's kind of the standard for determining this
variance. We certainly feel that this is a reasonable proposal. As has been mentioned, our front
yard setback is greater than the setbacks for our neighbors, the neighbors on either side and I
think that the diagram that is on the screen right now shows that. That we are further back than
either of our neighbors from the road. In addition, relative to the side yard setback variance,
there's a number of properties that have similar conditions and there's two 40 foot wide lake lots,
and I call 40 foot wide by the lake. We actually have 50 along the road but most people consider
the front the lake since that's where most the activity is. There are two 40 foot lake lots that
have been developed since the current zoning ordinance was adopted that have greater setback
variances than what we are proposing here, and if I may use this diagram. This property here is
3629 Red Cedar Point Road. That has two side yard setback variances, each of 3 foot variances.
However that variance was approved prior to the new rules where you now count the eaves, so if
you applied the new rules to that, that would be two 5 yard setback variances totaling 10 feet.
We proposed one 8 foot side yard variance. In addition on the other side of us, the property at
3705 South Cedar, which is this property right here. That property has two side yard setback
3
Planning Commission Meeting - March 4, 2008
variances, each of 7 feet totaling 14 feet of variance, and again we proposed one 8 foot variance.
So we think that what we proposed is reasonable. As has been pointed out, the structure is
smaller than most in that area. That's certainly something that we are comfortable with.
Relative to placement within the lot, because I can imagine that you might think well why not
center it in the property. First off, the proposed location of the home is the east wall is in the
same location as the current east wall so it's basically an existing condition. In addition to that,
the grades on the east side are quite steep. There's a series of retaining walls and our neighbors,
the Plucinak's have some stairs on that side, but there's no way to get mowers or docks or you
know smaller boats or anything along the east side. However on the west side the grades are
such that we do have access on the west side and not only do we use it but the neighbors on both
sides use that for access down to the lake, and that's why we located the house as we have
proposed. In addition, the separation between our house and the house to the east where the
setback variance is being requested, is greater than the separation distance on the other side. Not
only that but the two separation distances that are on either side of our proposed home are greater
than just about all of the properties that are out there. There's one other separation distance
between the two biggest lots that's greater but other than that, our separation distances between
houses are greater than all the rest of those. We have worked hard to come up with a plan that
made sense for the site. Made sense for the neighborhood. We have spent a fair amount of time
talking to our neighbors about that and I think that's reflected in this report that staff has
received. With that I'll close and ask if you have any questions or concerns that I might address.
Thomas: I think, I don't think I have any questions. I think you addressed them so thank you.
Keefe: I'm fine, thanks.
Larson: No.
Undestad: No.
Papke: Just, not really a question but a comment. When it comes to justifying these through
precedent, just want to point out that it is a bit of a slippery slope for us. Every time we grant
one of these, that creates a new precedent for the next person that comes along and these things
snowball so we certainly understand what you're saying but I think if you would also consider
where we're coming from, that your presence and the arguments you're making today will affect
future such applications and you have to take that into account as well. So thanks. Okay, thank
you very much.
Aanenson: Mr. Chair can I just clarify the eave issue, because this is different than some of the
other houses that were treated in the area. We kind of called it our double dip rule. We had
granted some variances for setback structures, and our ordinance does allow for an eave to hang
over 2 1/2 feet. Well we had some variances that were applied for maybe a 3 to 4 foot, and then
they did a 21/2 foot cave so they're casting shadows onto the neighbors properties and so we
actually now, our rule says if you do a variance on a side yard setback, you don't get to double
dip and take the extra 21/2 foot encroachment, and that's at the point then. I'm not sure that it
was understood. That's the point Mr. Bangasser was making. That he's being held to that new
standard because we had people take advantage of that double dip, and we want to clarify that
4
Planning Commission Meeting - March 4, 2008
because I think some of the neighbors when we've done these they said well wait a minute.
didn't understand the eaves were still going to come over so we're trying to be clear about
exactly where the setback is. So that was the point.
Papke: That's good. Thank you for clarifying that. Okay, thank you very much Mr. Bangasser.
At this point, this becomes a public hearing and we invite anyone who has any opinions or
comments that they'd like to make on this application, to step forward to the podium and state
your name and address and let us know what you think. Please step up. It's quite a crowd here
tonight. I'd be hoping that somebody would have something to say. That you're not all just
passive spectators tonight. Apparently that's the case. Okay. I'll close the public hearing and
bring it back to the commissioners for deliberation. Opinions and positions.
Undestad: I really don't have anything more to add to it. I think it's, we've seen them in the
neighborhoods before and I think they're not really, in my opinion, not trying to stretch the limits
on anything there. Just get a decent house to live in on the lake. I'm okay with it.
Papke: Commissioner Larson.
Larson: Well I like that they're going to be improving their property and I have no problem with
what they're asking. It's very reasonable.
Keefe: Yeah, I'm not crazy about the variances and approving the variances and I do think it is,
as you said, a slippery slope and maybe we need to look at it certainly on a broader basis than
this neighborhood but I think they've done a, you know I like the way the garage looks. It looks
like a nice design. Looks like a nice design for the house and so I'm in support of it.
Thomas: I'm in support of it as well. I think to have reasonable use of the property, they want to
do something extremely reasonable for the location of the property that they have so I'm okay
with it.
Papke: Okay, very good. Thank you. Alright at this point I'll be willing to entertain a motion.
Keefe: I'll make a motion. The Planning Commission approves Variance #08-04 for a 20.2 foot
front yard setback variance and a 8 foot side yard setback variance for the construction of a
single family home on a lot zoned RSF based upon the attached Findings of Fact, subject to
conditions 1 through 5.
Papke: Do I have a second?
Larson: I'll second that.
Keefe moved, Larson seconded that the Planning Commission approves Variance #08-
04 for a 20.2 foot front yard setback variance and an 8 -foot side yard setback variance for
the construction of a single-family home on a lot zoned Single Family Residential (RSF)
based upon the attached findings of fact subject to the following conditions:
Planning Commission Meeting - March 4, 2008
1. Building Official Conditions:
a. The applicant must apply for a demolition permit prior to removing the existing
structure.
b. The applicant must apply for a building permit prior to construction.
c. Any portion of the structure less than five (5) feet from the property line must be of
one-hour fire -resistive construction.
d. Building permits are required for retaining walls.
e. Retaining walls must be designed by a structural engineer licensed in the State of
Minnesota.
2. City Engineer Conditions:
a. The Certificate of Survey must be revised as follows when applying for a building
permit:
1. The survey must be to scale.
2. The note stating "It is not possible to hold public platted right of way due to long
standing evidence of monumentation" must be deleted.
3. Clarify the bearing of the northern property line for Lot 16.
4. Correct the Block numbers shown on the survey (Block 4 is shown as Block 5, and
vice versa).
5. Show the correct distance and bearing of the property lines for Lot 1, Block 5.
6. The flow arrows on the sanitary sewer manhole are in the wrong direction.
7. Show existing and proposed contours.
8. Show proposed retaining wall location and top and bottom of wall elevation.
9. Show a 30 foot right-of-way, all lot measurements, structure setbacks, and
impervious coverage shall be submitted to the city at the time of building permit
application.
b. The applicant must submit a proposed grading plan with the building permit to
demonstrate how the site will drain.
3. City Forester Conditions:
a. Tree protection fencing must be properly installed at the edge of construction and
extended completely around the tree at the greatest distance possible. This must be done
prior to any construction activities and remain installed until all construction is
completed.
b. The roots of neighboring trees must be cut by hand or a vibratory plow to avoid ripping
or tearing the roots.
0
Planning Commission Meeting - March 4, 2008
c. To retain soil moisture in the remaining root area, wood chip mulch should be applied to
a depth of 4 — 6 inches, but no deeper, over all the root area.
d. No equipment or materials may be stored within the tree protection area.
e. The trees will need to be watered during dry periods.
f. Any pruning cuts necessary for oaks must be done before April 1 or after July to avoid
any possible exposure to the oak wilt fungus.
g. One tree is required within the front yard setback area.
4. Water Resource Coordinator Conditions:
a. The plans shall be revised to indicate the placement of silt fence or other approved
perimeter BMP as well as incorporate any applicable Chanhassen standard details for
erosion and sediment control. This should include, at a minimum, 393-5301 and 393-
5302B. All erosion and sediment control features shall be installed prior to any earth
disturbing activities and shall remain in place until at least 75% of the property is covered
by vegetation.
b. The applicant shall provide specifications for the soils to be used to backfill the retaining
walls to show that infiltration rates within these areas are maximized.
c. The applicant shall provide a generalized list of plants which are to be used to landscape
the retaining wall areas.
d. The applicant shall maintain the depression adjacent to Lake Minnewashta.
e. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
where applicable and comply with their conditions of approval.
5. General Condition:
a. The site shall not exceed the maximum 25% site coverage allowed in the Residential
Single Family district.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Aanenson: Again Mr. Chair, just for point of record. Because there was a 75% voted in favor,
this would not go to the City Council, unless somebody aggrieved to the decision chose to,appeal
it. Otherwise the decision ends here.
Papke: Okay, thank you.
7
Planning Commission Meeting - March 4, 2008
APPROVAL OF MINUTES: Commissioner Undestad noted the verbatim and summary
minutes of the Planning Commission meeting dated February 19, 2008 as presented.
Chairman Papke adjourned the Planning Commission meeting at 7:25 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
E3
CITY OF CHANHASSEN
STAFF REPORT
PC DATE: March 4, 2008
CC DATE: March 24, 2008
REVIEW DEADLINE: April 1, 2008
CASE #: 08-04
BY: AA, AF, JM, TJ
PROPOSAL: The applicant is requesting an 20.2 19 —1 foot front yard setback variance and an
8 -foot side yard setback variance for the demolition and reconstruction of a single
family home on a nonconforming lot of record zoned Single Family Residential
District (RSF)
(All proposed setbacks are measured from the eaves of the structure)
LOCATION: 3633 South Cedar Drive
Lot 1, Blk 5 & Lot 16, Block 4, Red Cedar Point Lake Minnewashta
APPLICANT: Dave Bangasser & Mary Jo Anding Bangasser
8321 View Lane
Eden Prairie, MN 55347
PRESENT ZONING: Single Family Residential (RSF)
2020 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre)
ACREAGE: 0.35 acre DENSITY: N/A
SUMMARY OF REQUEST: The applicant is proposing to demolish an existing single-family
cabin and build a single-family home on a nonconforming riparian lot of record. The proposed
home will require an 20.2 49 -2 -foot front yard setback variance from the minimum 30 -foot front
yard setback requirement and an 8 -foot side yard setback from the minimum 10 -foot side yard
setback requirement. The proposal reduces the hard surface coverage by 500 square feet and
maintains the shoreland setback. Staff is recommending approval of this request.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAHING: The City's discretion in
approving or denying a variance is limited to whether or not the proposed project meets the
standards in the Zoning Ordinance for a variance. The City has a relatively high level of
discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi-judicial decision.
Bangasser Variance
Planning Case # 08-04
March 4, 2008
Page 2 of 12
SUMMARY OF PROPOSAL
The subject property is a nonconforming lot of record. It is located on Lake Minnewashta's Red
Cedar Point at South Cedar Drive, and is zoned Single Family Residential (RSF). The applicant
is requesting an 20.2 49A -foot front yard setback variance from the minimum 30 -foot front yard
setback requirement and an 8 -foot side yard setback variance from the minimum 10 -foot side yard
setback requirement for the construction of a single-family home. This will permit the structure to
maintain an 9.81 -1 -8 -foot setback from the front property line and a 2 -Foot side yard setback from
the east property line.
The right-of-way width on
South Cedar Drive is 30 feet per
the Red Cedar Point plat. The
Certificate of Survey submitted
with the application notes that
the right-of-way at this location
is only 25.80 feet wide due to
"longstanding evidence of
monumentation", which is 4.20
feet less than that shown on the
plat. The City Attorney's
opinion is that the City is
entitled to the 30 -foot wide
right-of-way as shown on the
plat regardless of where the
monumentation was set.
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MINOR*',
The requested setback variances include the 4.2 -foot discrepancy on the submitted survey. The
survey must be revised to delete the statement "It is not possible to hold public platted right-of-
way due to longstanding evidence of monumentation" and show a 30 -foot right-of-way.
The zoning ordinance states that eaves may not encroach into the required setback if a variance is
granted. Therefore, all setback distances for variance consideration will be measured from the
eaves of the structure while the foundation is recessed two feet from the eaves. Staff is
recommending approval of this variance request based on the reduction of the hard surface coverage
as well as maintaining the shoreland setback.
APPLICABLE REGUATIONS
Sec. 20-481. Placement, design, and height of structures.
Sec. 20-615. Lot requirements and setbacks.
Sec. 20-908. Yard regulations.
Sec. 20-905. Single-family dwellings
Bangasser Variance
Planning Case # 08-04
March 4, 2008
Page 3 of 12
The subject site consists of two lots bisected by South Cedar Drive; staff will be referring to the
northerly triangular lot as Parcel A and the riparian lot as Parcel B. Parcel A contains a three -car
garage and Parcel B contains a single-family seasonal cabin. In 2006 the applicant received a
setback and hard surface coverage variance for the construction of the garage on parcel A; at which
time the parcels were joined into a single zoning lot.
By combining the lots into a single zoning lot, the parcels are listed under a single Parcel
Identification Number and the zoning requirements apply to the parcels as if they were one parcel,
i.e. lot area, hard surface coverage, etc.
The subject property was platted as part of the Red Cedar Point Lake Minnewashta Subdivision
which was recorded on August 30, 1913. Both parcels are nonconforming lots of record as they do
not meet minimum lot requirements. Parcel A does not meet the 15,000 square -foot lot area in the
RSF district or the lot depth requirements. Parcel B does not meet the 20,000 square -foot lot area
requirement for a riparian lot, the 90 -foot street frontage, or the 90 -foot lake frontage requirements.
Due to the fact that the Red Cedar Point Lake Minnewashta subdivision predates the adoption of the
zoning ordinance in 1972, nearly all the parcels in this development are nonconforming lots of
record and many may require a variance to update the homes, as well as provide a reasonable use of
the property (year round homes).
Bangasser Variance
Planning Case # 08-04
March 4, 2008
Page 4 of 12
ISSUE
The 4.2 -foot right-of-way discrepancy shown on the certificate of survey is of major importance
with regard to the applicant's front yard setback request. This not only affects the front yard
setback, but also the lot area and the hard surface coverage calculations on the site.
The current right-of-way is 30 feet, which is not clearly marked on the submitted survey. All
measurements for the request include the 4.2 feet of right-of-way discrepancy. This greatly
increased the front yard variance request from 14 feet to 18.2 feet (the structure including the
eaves is proposed to maintain an 9.8 44-. -foot setback).
While this does not affect the lot area of Parcel A (7,920 square feet) or the impervious coverage
(1,000 square feet), it does affect Parcel B. The lot area for Parcel B changes from 7,105 square
feet to approximately 6,895 square feet. The proposed home is 1,671 square feet, the driveway is
240 square feet, and approximately 860 square feet of existing impervious coverage. This will
result in a hard surface coverage of 25%, the maximum allowed by ordinance in the RSF district.
The applicant submitted hard surface calculations. In reviewing the floor plans for the house, it
appears that the applicant intends to construct a porch under the proposed deck. This structure,
as well as other impervious areas such as concrete pavers, parking pad, etc., may not have been
included in the overall calculations.
Structure
Area
House
1,671
Garage with Driveway on Parcel A
1,000
Driveway with encroaching area from neighboring arcel
300
Deck with 3 Season Porch
307.5
Concrete Pavers
444
Stairs
48
Total Area of impervious
3,771
Total Area of Parcels A and B
14,815
Percent of Coverage
25.45
Staff attempted to verify these numbers and calculated an estimated total of 25% hard surface
coverage. Staff has added a condition directing the applicant to limit the hard surface coverage
to 25% and submit a revised signed registered survey reflecting a 30 -foot right-of-way, all lot
measurements, structure setbacks, and impervious coverage to the City at the time of building
permit application.
ANALYSIS
All calculations include the 4.2 feet of right -of- way from the original Red Cedar Point plat. The
combined area of the parcels is 14,815 square feet. However, the area of the subject parcel is 6,895
square feet with 50 feet of street frontage and 38 feet of lake frontage. The minimum lot area for a
riparian, sewered lot is 20,000 square feet, with 90 feet of street frontage and 90 feet of lake
frontage.
Bangasser Variance
Planning Case # 08-04
March 4, 2008
Page 5 of 12
Parcel B has an approximate buildable area of 1,325 square feet, occupying less than 201/6 of the lot
area, which is less than the 25% maximum hard surface coverage permitted in the RSF district. The
buildable area is limited due to the nonconfomring lot width and the required 30 -foot front yard, 10 -
foot side yard and 75 -foot shoreland setback requirements.
The existing home occupies 960 square feet. It has a nonconforming front yard setback of 16.8 feet
from South Cedar Drive, and a nonconforming side yard setback to the east property line of 5 feet.
The required setbacks in the Residential Single Family district are 30 -foot front yard and 10 -foot
side yard setbacks. The applicant is proposing to locate the home closer to the front and east
property lines, while maintaining the 10 -foot west side yard setback and the 75 -foot shoreland
setback. The shape of the parcel amplifies the variance request due to the larger width at the road
and tapering in at the shore line.
The area of the home will also increase im size;
however, the applicant is proposing to remove
approximately 500 square feet of existing
hardcover, including a driveway along the west
side of the property. This will significantly
decrease the overall lot coverage from 31.05%
(variance approved in 2006) to approximately
25%. This in turn will reduce the runoff to the
lake. Approval of the applicant's request will
nullify the previous 6.05% hard surface coverage
variance. The lot coverage includes both lots.
The applicant is requesting the 8 -foot east side
yard setback variance while maintaining the 10 -
foot setback on the west side of the property to
maintain the greatest separation between the
adjacent buildings. The distance between the
proposed home and the home to the west is
approximately 20 feet, the distance between the
proposed home and the home to the east is
Ordinance
Existing
Proposed
Single -Family Home
960 sf
960 sf
1,671 sf
Setback from South
30'
21
9.811
Cedar Drive
East side yard
setback
10'
4'
2'
(Variance required
-
includes Eaves
West side yard
setback
10'
10'
10'
(No variance r uired)
b
The area of the home will also increase im size;
however, the applicant is proposing to remove
approximately 500 square feet of existing
hardcover, including a driveway along the west
side of the property. This will significantly
decrease the overall lot coverage from 31.05%
(variance approved in 2006) to approximately
25%. This in turn will reduce the runoff to the
lake. Approval of the applicant's request will
nullify the previous 6.05% hard surface coverage
variance. The lot coverage includes both lots.
The applicant is requesting the 8 -foot east side
yard setback variance while maintaining the 10 -
foot setback on the west side of the property to
maintain the greatest separation between the
adjacent buildings. The distance between the
proposed home and the home to the west is
approximately 20 feet, the distance between the
proposed home and the home to the east is
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Bangasser Variance
Planning Case # 08-04
March 4, 2008
Page 6 of 12
approximately 18 feet.
There is currently a timber, terraced retaining wall between the subject property and the property
to the east that crosses the property line. The homeowner and the adjacent neighbor intend to
reconstruct the terraced wall should the applicant's proposal be approved and the home
constructed. This will require a building permit and consent from both parties at the time of
building permit application. The terraced retaining wall will help infiltrate some of the runoff
before it goes into the lake.
Reasonable Use
A reasonable use is defined as a use made by a majority of comparable properties within 500
feet, in this case that means a single-family home and a two -car garage.
The subject property currently
contains a single-family seasonal
cabin and a three -stall garage
(located on parcel A, shown to the
right).
The existing structure on Parcel B
was constructed in 1920 as a
summer cabin. The applicant
would like to modernize the site
and make this their permanent
year round residence. The
architecture of the home will be
consistent with the garage design.
The zoning ordinance states a single family home must have minimum area of 960 square feet;
however, current market conditions necessitate a larger living space. For example, new
construction for an attached single-family home in the Liberty on Bluff Creek subdivision is over
1,700 square feet per unit. The applicant's request for a 1,671 square -foot single family home is
reasonable.
The applicant's request for a front yard setback, decreasing the distance between the structure
and the road to permit an 9.8 44 -9 -foot setback, will not create a precedent in the neighborhood
as many of the homes are currently located closer to the road. The property to the east of the
subject site has a front yard setback of less than 5 feet.
Many of the existing lots and setback dimensions throughout the neighborhood do not meet the
minimum requirements, because the "homes" were also constructed as cabins in the early 1900's,
nearly 70 years before the district standards were adopted. Staff reviewed city records to
determine if variances had been granted within 500 feet of the subject property. Staff found 7
variances granted within 500 feet of the subject property, all of which are setback variances.
Bangasser Variance
Planning Case # 08-04
March 4, 2008
Page 7 of 12
Address
Variance File
Variance
Number
22.5 -foot front yard setback variance, 15.8 -foot front yard
3633 South
06-04
setback variance and a 2.39% hard surface coverage
Cedar Drive
variance for the construction of a three -stall garage
3637 South
19.3 foot front yard setback, a 4 foot lakeshore setback
Cedar Drive
04-07
for the expansion of a single family home
13 -foot front yard setback, 2 -foot front yard setback and
3628 Hickory
02-5
5 -foot side yard setback variances for the construction of
Road
a garage.
7201 Juniper
98-7
11.5 -foot front yard variance for the construction of a
Avenue
home addition
84-2
Two 7 -foot side yard setback variances, a 31 -foot
3705 South
96-4
lakeshore setback variance and a hard surface coverage
Cedar Drive
variance.
3618 Red Cedar
15 -foot lakeshore and 8 -foot side yard setback variances
Point Road
93-6
for the construction of a porch and deck
1.5 -foot side yard and 14.5 -foot lakeshore setback
92-1
variances for the construction of an attached two -car
3607 Red Cedar
garage
Point Road
7.5 -foot lakeshore setback variance for the construction
of a deck and a 13.5 -foot lakeshore setback variance for
81-8
the construction of a 6' x 6' stairway landing ad
12 -foot front yard setback and two 3 -foot side yard
3629 Red Cedar
87-13
setback variances for the demolition of an existing cabin
Point Road
and the construction of a new home
TREE PRESERVATION
There are several large mature trees
on the subject property and the
neighboring properties. Of the
applicant's trees, one is shown as
removed and three to be preserved.
The two trees within the lake setback
area should be protected during
construction. The third tree appears
to be 5-10 feet from the proposed
foundation. Staff does not
recommend that this tree be preserved
as the root damage will be severe and
cause its eventual decline.
Bangasser Variance
Planning Case # 08-04
March 4, 2008
Page 8 of 12
The neighboring trees on either side of the applicant are close to the property lines and thus to
the proposed construction area. The applicant will need to employ solid tree protection measures
for their neighbors' trees because of their close proximity. Tree protection fencing must be
installed prior to any construction activity and maintained throughout the development of the lot.
To protect the trees during construction, the following practices are advised:
• Tree protection fencing must be properly installed at the edge of construction. This must be
done prior to any construction activities and remain installed until all construction is
completed.
• Wood chip mulch should be applied to a depth of 4 — 6 inches, but no deeper, over all the
root area to retain soil moisture in the remaining root area.
• Roots closest to the tree should be cut by hand or a vibratory plow to avoid ripping or tearing
the roots.
• No equipment or materials may be stored within the protected root areas.
• The trees will need to be watered during dry periods.
• Any pruning cuts necessary for oaks must be done before April 1 or after July to avoid
possible exposure to the oak wilt fungus.
GRADING & STREETS
The 30 -foot wide right-of-way is substandard per current requirements; typical right-of-way
width is 60 feet. At this location South Cedar Drive's roadway is approximately 20 feet wide.
City Code requires minimum 24 -foot wide rural (ie. no curb or gutter) streets within this zoning
district.
Staff anticipates that the streets within Red Cedar Point will be reconstructed in 2010 due to the
poor condition of the streets and the utilities. Reconstruction work within this neighborhood will
be challenging since the majority of the right-of-way within the area is substandard and existing
structures are quite close to the right-of-way.
Based on traditional construction techniques and the depth of sanitary sewer and watermain, staff
estimates that the excavation limits for the utility replacement will be approximately 30 feet
wide. Additional space will be required to place material excavated from the construction
trench. Considering that the right-of-way width in this area is only 30 feet, staff is aware that
special construction techniques will likely be required for the future project.
Perimeter drainage and utility easements were not included on the Red Cedar Point Lake
Minnewashta plat; therefore, space required for the project outside of the 30 -foot right-of-way
will need to be secured by permanent and/or temporary easements. In order to keep project costs
to a minimum, engineering is attempting to preserve a construction corridor free of structures to
provide adequate space for construction.
Bangasser Variance
Planning Case # 08-04
March 4, 2008
Page 9 of 12
Based on the 30 -foot right-of-way, the attached garage, which is located on the east side of the
property, will be set back an average of 17.5 feet from South Cedar Drive. This is a sufficient
distance so that a passenger vehicle could park in the driveway.
WETLANDS
There is no indication of any wetlands on the property although Lake Minnewashta is a DNR
Public Water.
LAKES
The entire property lies within 1,000 feet of the ordinary high water level (OHW) for Lake
Minnewashta, a recreational development lake, and is therefore subject to the Shoreland
Management District rules. The proposed project meets the setback requirements from the OHW
and the proposed plan will be below the maximum allowed impervious surface requirements per
the shoreland ordinance.
EROSION AND SEDIMENT CONTROL AND RUNOFF
The total land disturbance associated with the proposed project does not meet the minimum
threshold for "small construction activity". Therefore, no NPDES Phase II permit to discharge
stormwater associated with construction activities is required. The Minnehaha Creek Watershed
District administers its own erosion control rules.
Down gradient erosion control practices should be installed around the construction area to
prevent the transport of sediment to the lake located southeast of the property or onto adjoining
properties. At a minimum, the City Standard Detail plate 5302B and 5301 shall be included.
Placement of the silt fence or other approved perimeter controls should be indicated on the plan
and installed prior to any earth disturbing activity. A rock construction entrance shall be placed
at the ingress/egress for construction traffic.
The City of Chanhassen is a Select Municipal Separate Storm Sewer System (MS4) City.
Further, Lake Minnewashta, which this site is tributary to, is listed by the MPCA as an impaired
water for Mercury. The proposed project lies in a largely developed area with limited
stormwater treatment, rate and volume control infrastructure.
Staff and the applicant have discussed utilizing the terraced retaining walls east of the proposed
structure to offer some water quality treatment and volume reduction. Staff recommends
providing infiltration within the chambers behind each retaining wall by backfilling with a
suitable coarse soil material with a high infiltration rate (0.6 inches/hour or greater) and vegetate
the terrace surfaces with a suitable planting medium and deep-rooted vegetation to promote
further infiltration as well as evapotranspiration. Staff would also recommend using native
plants.
Bangasser Variance
Planning Case # 08-04
March 4, 2008
Page 10 of 12
OTHER AGENCIES
The applicant is responsible for and obtaining any permits or approvals from the appropriate
regulatory agencies and comply with their conditions of approval.
MISCELLANEOUS
A building permit is required before any demolition or construction may begin. Any portion of
the structure less than five (5) feet from the property line must be of one-hour fire -resistive
construction. Building permits are required for retaining walls. Retaining walls must be designed
by a structural engineer licensed in the State of Minnesota.
Approval of a variance is contingent upon proof that the literal enforcement of the City Code
would cause an undue hardship. Many aspects of the parcel are legal nonconforming, including
the lot size, building setbacks and lot frontage, because the lot was platted and the building
constructed in the early 1900's as a cabin, prior to the adoption of the district regulations.
The site currently has a hard surface coverage variance; which will be eliminated should this
variance request be approved. The improvements to the site will be beneficial to the
neighborhood as well as the lake due to the significant reduction of impervious coverage and use
of an infiltration area, resulting in a decrease of surface water runoff. Therefore, staff is
recommending approval of this request.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission approves Variance #08-04 for a 20.2 44 -.2 -foot front yard setback
variance and an 8 -foot side yard setback variance for the construction of a single-family home
on a lot zoned Single Family Residential (RSF) based upon the attached findings of fact
subject to the following conditions:
L Buildine Official Conditions:
a. The applicant must apply for a demolition permit prior to removing the existing
structure.
b. The applicant must apply for a building permit prior to construction.
c. Any portion of the structure less than five (5) feet from the property line must be
of one-hour fire -resistive construction.
d. Building permits are required for retaining walls.
e. Retaining walls must be designed by a structural engineer licensed in the State of
Minnesota.
Bangasser Variance
Planning Case # 08-04
March 4, 2008
Page 11 of 12
2. City Engineer Conditions:
a. The Certificate of Survey must be revised as follows when applying for a building
permit:
1. The survey must be to scale.
2. The note stating "It is not possible to hold public platted right of way due to long
standing evidence of monumentation" must be deleted.
3. Clarify the bearing of the northern property line for Lot 16.
4. Correct the Block numbers shown on the survey (Block 4 is shown as Block 5,
and vice versa).
5. Show the correct distance and bearing of the property lines for Lot 1, Block 5.
6. The flow arrows on the sanitary sewer manhole are in the wrong direction.
7. Show existing and proposed contours.
8. Show proposed retaining wall location and top and bottom of wall elevation.
9. Show a 30 foot right-of-way, all lot measurements, structure setbacks, and
impervious coverage shall be submitted to the city at the time of building permit
application.
b. The applicant must submit a proposed grading plan with the building permit to
demonstrate how the site will drain.
3. City Forester Conditions:
a. Tree protection fencing must be properly installed at the edge of construction and
extended completely around the tree at the greatest distance possible. This must be
done prior to any construction activities and remain installed until all construction is
completed.
b. The roots of neighboring trees must be cut by hand or a vibratory plow to avoid
ripping or tearing the roots.
c. To retain soil moisture in the remaining root area, wood chip mulch should be applied
to a depth of 4 — 6 inches, but no deeper, over all the root area.
d. No equipment or materials may be stored within the tree protection area.
e. The trees will need to be watered during dry periods.
f. Any pruning cuts necessary for oaks must be done before April 1 or after July to
avoid any possible exposure to the oak wilt fungus.
g. One tree is required within the front yard setback area.
Bangasser Variance
Planning Case # 08-04
March 4, 2008
Page 12 of 12
4. Water Resource Coordinator Conditions:
a. The plans shall be revised to indicate the placement of silt fence or other approved
perimeter BMP as well as incorporate any applicable Chanhassen standard details for
erosion and sediment control. This should include, at a minimum, 393-5301 and 393-
5302B. All erosion and sediment control features shall be installed prior to any earth
disturbing activities and shall remain in place until at least 75% of the property is
covered by vegetation.
b. The applicant shall provide specifications for the soils to be used to backfill the
retaining walls to show that infiltration rates within these areas are maximized.
c. The applicant shall provide a generalized list of plants which are to be used to
landscape the retaining wall areas.
d. The applicant shall maintain the depression adjacent to Lake Minnewashta.
e. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies where applicable and comply with their conditions of approval.
5. General Condition:
a. The site shall not exceed the maximum 25% site coverage allowed in the Residential
Single Family district.
ATTACHMENTS
1. Findings of Fact.
2. Development Review Application.
3. Letter from Dave Bangasser stamped "Received February 1, 2008".
4. Registered Land Survey.
5. Survey showing site coverage reduction stamped "Received February 25, 2008".
6. Building Plans and Elevations.
7. Photos of Subject Property.
8. Public Hearing Notice and Affidavit of Mailing List.
9. Email from Peter & Kam Plucinak dated February 16, 2008.
g:\plan\2008 planning casea\08-04 bangaaser vaxi n e\stWrcport.dm
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of David and Mary Jo Anding Bangasser for an 20.2 -foot front yard variance
from the 30 -foot front yard setback requirement and an 8 -foot side yard variance from the 10 -foot
side yard setback requirement for the demolition and reconstruction of a single-family home —
Planning Case No. 08-04.
On March 4, 2008, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of David and Mary Jo Anding Bangasser for an 18.2 -foot
front yard setback variance and an 8 -foot side yard setback for the demolition and reconstruction
of a single-family home. The Planning Commission conducted a public hearing on the proposed
variance that was preceded by published and mailed notice. The Planning Commission heard
testimony from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Residential Single Family (RSF).
2. The property is guided by the Land Use Plan for Residential -Low Density (1.2-4 unitslacre).
3. The legal description of the property is: Lot 1, Block 5 and Lot 16, Block 4, Red Cedar Point
Lake Minnewashta.
4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not
grant a variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that there are pre-existing standards in this
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Fording: The literal enforcement of this chapter does cause an undue hardship. The parcel
predates the zoning ordinance as it was platted in 1913 and was a summer cabin; the site is
legal nonconforming. The properties within 500 feet of the parcel are also legal
nonconforming, many of which may already have or require variance approval to modernize
their sites.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions upon which this variance is based are not applicable to all
properties that lie within the Single Family Residential District. This condition is unique to
the Red Cedar Point Lake Minnewashta subdivision as it predates the adoption of the zoning
ordinance and many of the houses and properties within the subdivision do not meet the
current lot requirements for the district.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The intent of the proposed home is not based on the desire to increase the value of
the home, rather to make the house their permanent residence. Red Cedar Point Lake
Minnewashta was platted in 1913 and the current structure was built in 1920 as a seasonal
cabin.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The alleged hardship is not self-created because the applicant is requesting to
update an existing cabin into a permanent residence located on a nonconforming lot of
record. Red Cedar Point was platted in 1913 and predates the adoption of the zoning
ordinance. The proposed single family dwelling is smaller in size than what the market
demands for an individual dwelling unit within an attached single-family building.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of a variance for the construction a single-family home will not be
detrimental to the public welfare or injurious to other land or improvements in the
neighborhood in which the parcel is located. The applicant is proposing to reduce the
amount of hard surface coverage on the site, maintain the required shoreland setback and
create a surface water infiltration area within the retaining wall to reduce the runoff into
Lake Minnewashta.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed home will not impair an adequate supply of light or air to the
adjacent property or substantially increase the congestion of the public streets or increase the
danger of fire or endanger the public safety or diminish property values within the
neighborhood. The modernized home will be beneficial to the neighborhood, as there is
currently a seasonal cabin, constructed in 1920, located on the property. There is an existing
house on the site. According to City Code, reasonable use of the property is a single family
home. The proposed home will be constructed to maintain substantial separation between
the neighboring properties as well as maintain the required shoreland setback.
2
5. The planning report #08-04 Variance dated March 4, 2008, prepared by Angie Auseth, et al,
is incorporated herein.
ACTION
"The Planning Commission approves Planning Case 08-04, for an 20.2 -foot front yard
variance from the 30 -foot required front yard setback and an 8 -foot side yard setback variance from
the 10 -foot required side yard setback for the demolition and construction of a single-family home
on Lot 1, Block 5 and Lot 16, Block 4, Red Cedar Point Lake Minnewashta."
ADOPTED by the Chanhassen Planning Commission on this 4th day of March, 2008.
CHANHASSEN PLANNING COMMISSION
Its Chairman
Mr-A,t
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
Planning Case No. O
I ry OF CHANHASSEN
RECEIVED
FEB 0 1 2008
':HANHASSEN PLANNING DEPT
and Address: Owner Name and Address:
Jo ?NI &ASs62 I MAL k EhQ&655E�-
Contact:
Phone: 52- !Fax:
Email: Doue,,La-11RS,Br�pp cur�1.
Contact:
Phone: 952 3l • 4--l- Fax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X E ow for Filing Fee§�! rney Cost**
$50 UP/SPRNAQ(VA AP/Metes &Bounds
450 Minor SUB
TOTALFEE$ '7C'cr Cr--i� qsoo;),
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11"
reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
PROJECT NAME: bo' -*R SSR. RES @6NN 1&
LOCATION: 303 sou -TR Cava 2
LEGAL DESCRIPTION: LoT 1� $Lol%IL S QwA LoT I(v L-oCK- q RtED CEDAPyo)�3I Ltd
a
TOTAL ACREAGE: 0,35 K % 15, 025 S,F_
WETLANDS PRESENT: YES C NO
PRESENT ZONING:
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
10, of L-OTn . RutC y
REASON FOR REQUEST:�Z
E�U�S � I1.iC1
h 15i -Df- YKD
srTBA ty- V WAK It To ALLOW
( o1�STRVC (10 or- A
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W ITg
KM oL'�E2 CAIN. \f KiA' Jlt
1-� AN EXISTIA6rLtc Ai)71TIo1J, SEtr ATAe4j(D L�t1ek
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Tide, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
Signature bate
0�. Q �/ I o R
Signature of er U Date scoNED
GtpLAMtonns43evelopment Review Applicalion.DOC Rev. 12105
PROJECT NAME: tlkY, N SS' . 'KES I (DEN C"C
LOCATION: �03 SoUTI� CEDRQ
LEGAL DESCRIPTION: LoT 1, I bLoC-V_ LoT I(o I LJ[ �i (jED LE—DAP—y0)13 I LAS
EA S7 ioI
TOTAL ACREAGE:
WETLANDS PRESENT:
PRESENT ZONING: RS
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
DZs,g,F.
YES C NO
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST: ?.EQUIPLST 11)Cj N S Ctit YKID SF -TBA C'L- V hU NCr TO ALL-cW
CoNsTRy��lott of 4k NEVI A4WC ON ASiTC WMA NN
IS AN EYJSTINErLtu?�l7rTIaN, SEC- RTi Ae+yCP LE�ef—,
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the speck ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge
UNA 6-- 2 C o.
Signature of Applicant ate
�/(tQ I as J 4/ log
Signature of tte wner Date SCANNED
G:\pLAMfo"s\Development Review Application.DOC Rev. 12i05
Prom the Home of
David F. & Mary,90 A. Bangasser
8321 Nuw Lane
Eden Prairie, MN
952/937-1167
February 1, 2008
Ms. Angie Auseth
Planner
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
Re: 3633 South Cedar Drive- Variance Request
Dear Angie,
CITY OF RECEIVED
SSEN
FEB 01 2008
CHANHASSEN PLANNING DEPT
Per our meeting on this subject, attached are materials required for our application for
variances from the front yard and side yard setback requirement in order to demolish our
existing "cabin" to construct a new house.
Attached please find the following materials:
1. Development Review Application- Variance
2. Check in the amount of $ 250.00
3. Certificate of survey prepared Engineering Design Services- 16 sets at 11x17.
4. Proposed floor plans and renderings- 16 sets 8.5x11.
5. Aerial Photo of the neighborhood.
We ask that the planning staff as well as the Planning Commission and City Council
consider the following relative to this request:
• This property has been in the family as a 700 square foot cabin for four
generations and we now plan to make this our permanent residence.
• The property was platted in 1913, which predates the current zoning ordinances.
The individual lots are smaller than current minimum sizes and as a result, the
majority of the properties are either non -conforming or have received variances.
• The side yard setback variance we are requesting is an existing condition with the
east wall of the proposed home in the same location as the existing east wall.
• The property line from which we are requesting the side yard variance was moved
10 feet to the west in the 1970's which explains why both of these parcels are
shifted near their easterly property lines while maintaining in a relatively large 23
feet between the houses.
• The distances proposed between this house and the neighbors on either side are
greater than the distances between the majority of the houses in the area (see
aerial photo.) In fact, of the 11 homes in the immediate area, the 23' between our
SCANNED
proposed house and the Plucinak home to the east is more than all existing home
separation distances except one.
• The 16' front yard setback proposed is significantly greater than neighbors on
either side.
• We have reduced the height of the house by "burying" the house into the hill and
by placing the bedrooms in the normal roofline rather than creating another full
floor. Therefore, we feel we have not impacted light and air to the adjacent
properties.
• Due to the narrow widths of our property and the Plucinak's property to the east,
we have shared the use of the properties for many years and continue to do so.
This includes access to the lake on our west property line; a common dock; a
parking stall and sidewalks.
• The overall size of the home is compatible with the neighbors on either side as
shown on the survey.
• Due to the narrow width of the property, we could not build a reasonable home
without a variance.
• We have taken steps to improve storm water run-off through the use of a slight
berm along the shoreline as well as infiltration at planting beds in the retaining
walls between the house and the lake.
• We have met with both of our neighbors regarding our plans and have received
their support.
Thank you for your assistance in this matter. If you have any questions or comments, I
can be reached at my office, 9521656-4457 or dave.bangasser@opuscorp.com.
ncerely,
Dave Bangas r
SCANNED
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411 OF CHANHA
RECEIVEDSSEN
/ FEB 2 5 2008
r -..
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fHANHASSEN PANNING DEP?
Third Floor
950 sf
eangasser Home
3633 South Cedar
Main Floor (2nd)
1, 250 sf
Bangasser Home
3633 South Cedar
Screen or
3 Season Porch
Lower Level
1,250 sf
NIC porch
Bangasser Home
3633 South Cedar Cf}ySuy nal �2s�o�
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sed Lakeside Setback
Proposed
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
February 21, 2008, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for Bangasser Variance — Planning Case 08-04 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
this62 -4- day of rebA.La,,4 2008.
Notary Public
a��� KIM T.MEUWISSEN
3
�?a Notary Public -Minnesota
�MY Canmissbn Expires Jen 31,2010
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, March 4, 2008 at 7:00 p.m. This hearing may not start
until later in the evening, depending on the order of theagenda.
LoWilon:
City
Hall Council Chambers, 7700 Market Blvd.
Request for setback Variances for the demolition and
Request for setback Variances for the demolition and
Proposal:
reconstruction of a single-family residence on property zoned
Residential Single Family
Residential Single amil
Applicant:
Dave Bangasser
Property
3633 South Cedar Drive
Location:
A location map Is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
about this project. During the meeting, the Chair will lead the
What Happens
public hearing through the following steps:
at the Meeting:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
4. Public hearing is closed and the Commission discusses
the project.
the project.
If you want to see the plans before the meeting, please visit
If you want to see the plans before the meeting, please visit
the City's projects web page at:
the City's projects web page at:
www.cl.chanhassen.mn.us/serv/olan/08-04.htmI. If you wish to
www.ci.chanhassen.mn.us/serv/plan/08-04.html. If you wish to
talk to someone about this project, please contact Angie
talk to someone about this project, please contact Angie
Questions &
Auseth by email at aauseth(o)ci.chanhassen.mn.us or by
Comments:
phone at 952-227-1132. If you choose to submit written
comments, it is helpful to have one copy to the department in
comments, it is helpful to have one copy to the department in
advance of the meeting. Staff will provide copies to the
advance of the meeting. Staff will provide copies to the
Commission. The staff report for this item will be available
Commission. The staff report for this item will be available
online on the project web site listed above the Thursday
online on the project web site listed above the Thursday
prior to the Planning Commission meeting.
prior to the Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any Interested party is Invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the Item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial/industrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokespensontrepresentative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any Interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, please contact the Planning Staff person named on the notification.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, March 4, 2008 at 7:00 P.M. This hearing may not start
until later In the evening,depending on the order of theagenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request for setback Variances for the demolition and
Proposal:
reconstruction of a single-family residence on property zoned
Residential Single Family
Applicant:
Dave Bangasser
Property
3633 South Cedar Drive
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:
W
What Happens
Wthe
1. Staff will give an overview of the proposed project.
Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.cl.chanhassen.mn.us/serv/olan/08-04.htmI. If you wish to
talk to someone about this project, please contact Angie
Auseth by email at aauseth(o)ci.chanhassen.mn.us or by
Questions &
phone at 952-227-1132. If you choose to submit written
Comments:
comments, it is helpful to have one copy to the department in
advance of the meeting. Staff will provide copies to the
Commission. The staff report for this item will be available
online on the project web site listed above the Thursday
prior to the Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland 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 parry 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 mmmerciallindustdal.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any Interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be Included in the report, please contact the Planning Staff person named on the notification.
Lake Minnewashta
SUBJECT
This map is neither a legally recedad map nor a survey and is not intended to be used As one. This
map is a compilation of records, information aid data located in venous city, county, state and federal
offices and other sources regarding Me area shown, and is to be used for reference purposes only.
The Dy does not wanant that the Geographic Information System (GIS) Dale used to prepare this
map are Amor free, and the Gry does not represent that Me GIS Data can be used for navigational,
backing or any other purpose requiring exacting measurement of distance m direction or precision in
the depiction of geographic features. If errors or discrepancies are found please contact 952-221-1101.
The preceding disclaimer is provided pursuant to kinnesota Statutes §466.03, Sul 21 (2000), and
the user of this map acknowledges that the Gly shall not be liable for any damages, and expressly
waives all dais and agrees to defend, indemnify, mlth
, and hold haress e Gy ms
from any and all claim
brought by User, its employees or agents. or Chid parties which Anse out of the users access or use of
data provided.
Lake Minnewashta
SUBJECT
This map is nether a legally recorded map nor a wl and is not intended to be used as ane. This
map is a compilation of records, Information antl data located in nanous city, county, state aid federal
offices and other sources regarding Me area sham, and is to be used for reference purposes only.
DIe Dry does not warrant Mat Me Geographic Information System (GIS) Data used to prepare MIS
map are error free, and Me Gry does not represent that Me GIS Dale can be used for navigational,
backing or any other purpose requiring exacting measurement of distance or direction or precision in
the dAplction of geographic features, If erors or discrepancies are found please col 952-221-1101.
The preceding disclaimer is provided pursuant to Minnesota Stables §466.03, Sued. 21 (2000), aid
Me user of this map acknowledges that the Dry shall not be liable for any damages, and expressly
waives all clams, and agrees to defend, indemnify, and hold harmless the Dry from any and all claims
brought by User, its employees or agents, ar third parties which arise out of MA users access or use of
data provided.
PAMELA ANN SMITH GREGORY G & JOAN S DATTILO CHARLES F & VICKI L ANDING
3720 RED CEDAR POINT DR 7201 JUNIPER 6601 MINNEWASHTA PKWY
EXCELSIOR, MN 55331 -9675 EXCELSIOR. MN 55331 -9614 EXCELSIOR. MN 55331 -9657
ELIZABETH J NOVAK GARY ALAN PETERSON & SUSAN A & JOHN R BELL
7210 JUNIPER KAREN AUDREY PETERSON PETER WOOD & LYNN M HAWLEY
EXCELSIOR, MN 55331 -9613 1769 20TH AVE NW 4224 LINDEN HILLS BLVD
NEW BRIGHTON. MN 55112 -5433 MINNEAPOLIS. MN 55410 -1606
RICHARD B & MARIANNE F ANDING TAB B & KAY M ERICKSON CAROLYN A BARINSKY
3715 SOUTH CEDAR 3720 SOUTH CEDAR 3719 SOUTH CEDAR
EXCELSIOR, MN 55331 -9688 EXCELSIOR, MN 55331 -9687 EXCELSIOR, MN 55331 -9688
MARIANNE I & RICHARD 8 ANDING CEDAR AARON J & ADRIENNE F THOMPSON JILL D HEMPEL
3715 SOUTH C
TRUSTEES TRUST 3711 SOUTH CEDAR 3707 SOUTH CEDAR
EXCELSIOR, MN 55331 -9688 EXCELSIOR, MN 55331 -9688 EXCELSIOR, MN 55331 -9688
ANVER L & ANNE K LARSON GREGORY & JOAN DATTILO GREGORY P ROBERTSON &
3705 SOUTH CEDAR 7201 JUNIPER AVE LESLIE M ROBERTSON
EXCELSIOR, MN 55331 -9688 EXCELSIOR, MN 55331 -9614 3701 SOUTH CEDAR
EXCELSIOR. MN 55331 -9688
THOMAS C & JACQUELINE JOHNSON MARY JO ANDING BANGASSER EMIL & PATRICIA SOUBA
3637 SOUTH CEDAR 8321 VIEW LN 14025 VALE CT
EXCELSIOR. MN 55331 -9686 EDEN PRAIRIE, MN 55347 -1430 EDEN PRAIRIE, MN 55344 -3017
BETSY S ANDING PETER J & KARRI J PLUCINAK BIRUTA M DUNDURS
3618 RED CEDAR PT 3631 SOUTH CEDAR 3627 RED CEDAR POINT RD
EXCELSIOR, MN 55331 -7720 EXCELSIOR. MN 55331 -9686 EXCELSIOR, MN 55331 -7721
CATHERINE J BLACK
TRUSTEE OF TRUST DOUGLAS B & JAMIE ANDERSON JEAN D LARSON
3629 RED CEDAR POINT RD 3607 RED CEDAR POINT RD 3609 RED CEDAR POINT RD
EXCELSIOR, MN 55331 -7721 EXCELSIOR, MN 55331 -7721 EXCELSIOR, MN 55331 -7721
LUMIR C & SUSAN S PROSHEK EDWIN L & LIVIA SEIM DEBORAH S LOCKHART &
3613 RED CEDAR POINT RD TRUSTEES OF SEIM FAMILY TRUST DIANE LEESON ANDING
EXCELSIOR, MN 55331 -7721 292 CHARLES DR 3618 RED CEDAR POINT RD
SAN LUIS OBISPO . CA 93401 -9204 EXCELSIOR, MN 55331 -7720
STEVEN E & MARSHA E KEUSEMAN STEVEN P & LAURIE A HANSON STEPHEN M GUNTHER &
3622 RED CEDAR POINT RD 5901 CARTER LN HELEN KATZ-GUNTHER
EXCELSIOR, MN 55331 -7720 MINNETONKA , MN 55343 -8966 3628 HICKORY RD
EXCELSIOR, MN 55331 -9766
SCOT A LACEK
3630 HICKORY F
EXCELSIOR, Mh
Public Hearing Notification Area (500 feet)
Bangasser Variance
3633 South Cedar Drive
Planning Case 2008-04
Lake Minnewashta
SUBJECT
PROPERTY
Page 1 of 1
Auseth, Angie
From: Plucinak, Peter [Peter.PIucinak@ade.com]
Sent: Saturday, February 16, 2008 9:56 AM
To: Auseth, Angie
Cc: dave.bangasser@opuscorp.com
Subject: Bangasser Variance
Attachments: Bangasser Variance Application 2-1-08.pdf
Dear Ms. Auseth,
We are the neighbors of Dave and Mary Jo Bangasser. This letter is confirm the Bangasser's have reviewed their
plans for building a new home with my wife and I as they describe in their attached application. Our home is
directly to the east of the Bangasser's current property. As stated in their application we have shared the
properties for several years and as a result we are in full support of the Bangasser proposal and have no problem
with their requested variance.
Thank you for your consideration; it you have any additional questions for either my wife or myself please feel free
to contact us directly.
Regards,
Pete & Karri Plucinak
3631 South Cedar Drive
Chanhassen, MN.
952-474-6183
peter.plucinak@adc.com
2/26/2008
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227-1100
Planning Case No.
CITY OF CHANHASSEN
RECEIVED
FEB 0 1 2008
DEVELOPMENT REVIEW APPLICATION HANHASSEN PLANNING DEPT
A plicanj Name and Address:
�AoiE � tAwe jo Vm AR sEIL
8321 V EW LRNE
EDEN YKAIMEAM 552)
Contact:
Phone: T52- (off 1Fax:
Email 'Dau4,, $c7 A-<,S2r@op4swq. towc
Name and Address:
� 5o 'RmakssEa
Contact:
Phone: 95_1-q31 - 1117-1 Fax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees/Attorney Cost"
- $50 CUP/SPRNAC/VARANAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
PROJECTNAME: bt &-f\s�m RE�II7E�E�
LOCATION: 333 Sou-rl{ hypRp_ l
LEGAL DESCRIPTION: LOT i l�l-oCk% � 44 L&T ►(y l B i-ocK- y UD CEpAI2— Told I LA"
NAN`OEOSW—fA Lxtl;'�,T ve EAsr 10' of %lD raT ►(o AND n1t EAST lo' of L -GT ►-1 a y
TOTAL ACREAGE: 0,3% K I15, 025 S.F.
WETLANDS PRESENT: �t YES X NO
PRESENT ZONING: 91S�
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:ZEQU�S
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N
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This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
Signature of Applica Date
Signature of wner V Date
G:\pLAN\F0m1s\DeW0pmen1 Review Applic tion.DOC Rev. 12/05
1 from the Nome of
DavidF. & Mary 5o X Bangasser
8321 'Vww Lane
Erten Prairie, MN
9521937--1167
February 1, 2008
Ms. Angie Auseth
Planner
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
Re: 3633 South Cedar Drive- Variance Request
Dear Angie,
Per our meeting on this subject, attached are materials required for our application for
variances from the front yard and side yard setback requirement in order to demolish our
existing "cabin" to construct a new house.
Attached please find the following materials:
1. Development Review Application- Variance
2. Check in the amount of $ 250.00
3. Certificate of survey prepared Engineering Design Services -16 sets at 11x17.
4. Proposed floor plans and renderings- 16 sets 8.5x11.
5. Aerial Photo of the neighborhood.
We ask that the planning staff as well as the Planning Commission and City Council
consider the following relative to this request:
• This property has been in the family as a 700 square foot cabin for four
generations and we now plan to make this our permanent residence.
• The property was platted in 1913, which predates the current zoning ordinances.
The individual lots are smaller than current minimum sizes and as a result, the
majority of the properties are either non -conforming or have received variances.
• The side yard setback variance we are requesting is an existing condition with the
east wall of the proposed home in the same location as the existing east wall.
• The property line from which we are requesting the side yard variance was moved
10 feet to the west in the 1970's which explains why both of these parcels are
shifted near their easterly property lines while maintaining in a relatively large 23
feet between the houses.
• The distances proposed between this house and the neighbors on either side are
greater than the distances between the majority of the houses in the area (see
aerial photo.) In fact, of the 11 homes in the immediate area, the 23' between our
proposed house and the Plucinak home to the east is more than all existing home
separation distances except one.
• The 16' front yard setback proposed is significantly greater than neighbors on
either side.
• We have reduced the height of the house by "burying" the house into the hill and
by placing the bedrooms in the normal roofline rather than creating another full
floor. Therefore, we feel we have not impacted light and air to the adjacent
properties.
• Due to the narrow widths of our property and the Plucinak's property to the east,
we have shared the use of the properties for many years and continue to do so.
This includes access to the lake on our west property line; a common dock; a
parking stall and sidewalks.
• The overall size of the home is compatible with the neighbors on either side as
shown on the survey.
• Due to the narrow width of the property, we could not build a reasonable home
without a variance.
• We have taken steps to improve storm water run-off through the use of a slight
berm along the shoreline as well as infiltration at planting beds in the retaining
walls between the house and the lake.
• We have met with both of our neighbors regarding our plans and have received
their support.
Thank you for your assistance in this matter. If you have any questions or comments, I
can be reached at my office, 952/656-4457 or dave.bangasser@opuscorp.com.
'ncerely,
Dave Bangasr
CERTIFICATE OF SURVEY
RESIDENCE FOR:
DAVE BANGASSER
3633 SOUTH CEDAR
CHANHASEN, MN
BENCHMARK
EI. 951.20 TOP OF CASTING OF SANITARY MANHOLE
ON CEDAR DRIVE SOUTH, 200 FEET WEST OF
INTERSECTION OF CEDAR DRIVE SOUTH &
RED CEDAR POINT
LEGEND
DENOTES CONCRETE SURFACE
DENOTES FOUND IRON MONUMENTS
0 DENOTES SET IRON MONUMENTS
X999.99 DENOTES EXISTING ELEVATION
999.99 DENOTES PROPOSED ELEVATION
@s DENOTES SANITARY MANHOLE
DENOTES DECIDUOUS TREE
DENOTES CONIFEROUS TREE
DENOTES ELECTRIC POWER POLE
MINIMUM SETBACKS
FRONT STREET 30 FT.
REAR YARD 30 FT.
INTERIOR SIDE YARD 10 FT.
HARDCOVER
AREA IMPERVIOUS OF LOT 1 1000 SQ. FT.
AREA TOTAL OF LOT 1 7920 SQ. FT.
HARDCOVER OF LOT 1 12.6 %
AREA IMPERVIOUS OF LOT 16 2418 SQ. FT.
AREA TOTAL OF LOT 16 7105 SQ. FT.
HARDCOVER OF LOT 16 34.0 %
HARDCOVER OF COMBINED LOTS: 22.7 %
NOTE
1� IT IS NOT POSSIBLE TO HOLD PUBLIC
PLATED RIGHT OF WAY DUE TO LONG
STANDING EVIDENCE OF MONUMENTATION
• ALL LOT LINE BEARINGS ARE ASSUMED
' CONTRACTOR MUST VERIFY PROPOSED ELEVATIONS
■ NO SPECIFIC SOIL INVESTIGATION HAS BEEN
COMPLETED ON THIS LOT BY THE SURVEYOR
LEGAL DESCRIPTION
Lot 1, Block 5, RED CEDAR POINT LAKE
MINEWASHTA, Carver County, Minnesota
Lot 16, Block 4, RED CEDAR POINT LAKE MINEWASHTA
except the east 10.00 feet of said lot 16 and
the east 10.00 feet of lot 17, Block 4, RED CEDAR
POINT LAKE MINEWASHTA, Carver County, Minnesota
5' EASEMENT PERPETUAL
15' EASEMENT PERP TUAL —
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CERTIFICATION
I hereby certify that this survey, plan or
report was prepared by me or under my direct
supervision and that I am a duly Licensed Land
Surveyor under the Lows of the State of Minnesota
,/62cl Set"" Dated: 1/23/08
Vladimir Sivriver
MN Reg. No. 25105
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Steve Gunther 3628 Hickory Road Excelsior, MN 55331
RECEIVED
MAR 0 6 2008
CITY OF CHANHASSEN
March 3rtl. 2008
Ms. Angie Auseth
Planner, City of Chanhassen
7700 Market Blvd
PO Bax 147
Chanhassen, MN 55317
RE: 3633 Couth Cedar Drive Variance Request
Dear Angie,
I am the owner of a house at 3628 Hickory Lane in Chanhassen and am writing to
SUPPORT the variance requested by Dave and Mary Jo Bangasser. As lake shore residents in
this area, we understand the difficulties of applying current setback standards to small lots and
request that the Planning Commission approve their request.
Our house has an indirect view of their property and we believe that the house proposed
by the Bangassers is well suited to the neighborhood and the lot. The quality and beauty of the
garage that Dave had constructed across the street is far beyond that of the typical neighborhood
structure and we'd love to see him extend the concept into his primary residence.
Please contact me if you have any questions. Again, I ask the you and the Chanhassen
Planning Commission approve the variance requested by the Bangassers at 3633 South Cedar
Drive.
Sincerely,
Ste v Gunther
Cc: The Bangassers
SCANNED
I
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of David and Mary Jo Anding Bangasser for an 20.2 -foot front yard variance
from the 30 -foot front yard setback requirement and an 8 -foot side yard variance from the 10 -foot
side yard setback requirement for the demolition and reconstruction of a single-family home —
Planning Case No. 08-04.
On March 4, 2008, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of David and Mary Jo Anding Bangasser for an 18.2 -foot
front yard setback variance and an 8 -foot side yard setback for the demolition and reconstruction
of a single-family home. The Planning Commission conducted a public hearing on the proposed
variance that was preceded by published and mailed notice. The Planning Commission heard
testimony from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Residential Single Family (RSF).
2. The property is guided by the Land Use Plan for Residential -Low Density (1.2-4 units/acre).
3. The legal description of the property is: Lot 1, Block 5 and Lot 16, Block 4, Red Cedar Point
Lake Minnewashta.
4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not
grant a variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that there are pre-existing standards in this
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: The literal enforcement of this chapter does cause an undue hardship. The parcel
predates the zoning ordinance as it was platted in 1913 and was a summer cabin; the site is
legal nonconforming. The properties within 500 feet of the parcel are also legal
nonconforming, many of which may already have or require variance approval to modernize
their sites.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions upon which this variance is based are not applicable to all
properties that lie within the Single Family Residential District. This condition is unique to
the Red Cedar Point Lake Minnewashta subdivision as it predates the adoption of the zoning
ordinance and many of the houses and properties within the subdivision do not meet the
current lot requirements for the district.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The intent of the proposed home is not based on the desire to increase the value of
the home, rather to make the house their permanent residence. Red Cedar Point Lake
Minnewashta was platted in 1913 and the current structure was built in 1920 as a seasonal
cabin.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The alleged hardship is not self-created because the applicant is requesting to
update an existing cabin into a permanent residence located on a nonconforming lot of
record. Red Cedar Point was platted in 1913 and predates the adoption of the zoning
ordinance. The proposed single family dwelling is smaller in size than what the market
demands for an individual dwelling unit within an attached single-family building.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of a variance for the construction a single-family home will not be
detrimental to the public welfare or injurious to other land or improvements in the
neighborhood in which the parcel is located. The applicant is proposing to reduce the
amount of hard surface coverage on the site, maintain the required shoreland setback and
create a surface water infiltration area within the retaining wall to reduce the runoff into
Lake Minnewashta.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed home will not impair an adequate supply of light or air to the
adjacent property or substantially increase the congestion of the public streets or increase the
danger of fire or endanger the public safety or diminish property values within the
neighborhood. The modernized home will be beneficial to the neighborhood, as there is
currently a seasonal cabin, constructed in 1920, located on the property. There is an existing
house on the site. According to City Code, reasonable use of the property is a single family
home. The proposed home will be constructed to maintain substantial separation between
the neighboring properties as well as maintain the required shoreland setback.
5. The planning report #08-04 Variance dated March 4, 2008, prepared by Angie Auseth, et al,
is incorporated herein.
ACTION
"The Planning Commission approves Planning Case 08-04, for an 20.2 -foot front yard
variance from the 30 -foot required front yard setback and an 8 -foot side yard setback variance from
the 10 -foot required side yard setback for the demolition and construction of a single-family home
on Lot 1, Block 5 and Lot 16, Block 4, Red Cedar Point Lake Minnewashta."
ADOPTED by the Chanhassen Planning Commission on this 4th day of March, 2008.
CHANHASSEN PLANNCOSSION
BY: .7z
Its Chai an
Page 1 of 1
Auseth, Angie
From: Plucinak, Peter [Peter.Plucinak@adc.com]
Sent: Saturday, February 16, 2008 9:56 AM
To: Auseth, Angie
Cc: dave.bangasser@opuscorp.com
Subject: Bangasser Variance
Attachments: Bangasser Variance Application 2-1-08.pdf
Dear Ms. Auseth,
We are the neighbors of Dave and Mary Jo Bangasser. This letter is confirm the Bangasser's have reviewed their
plans for building a new home with my wife and I as they describe in their attached application. Our home is
directly to the east of the Bangasser's current property. As stated in their application we have shared the
properties for several years and as a result we are in full support of the Bangasser proposal and have no problem
with their requested variance.
Thank you for your consideration; if you have any additional questions for either my wife or myself please feel free
to contact us directly.
Regards,
Pete & Karri Plucinak
3631 South Cedar Drive
Chanhassen, MN.
952-474-6183
eetteucinak@ adc. corn
3/4/2008
March 1, 2008
Ms. Angie Auseth
Planner
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
Re: 3633 South Cedar Drive Variance Request
Dear Ms. Auseth,
Because I am a neighbor living two doors to the east of the Bangasser
property, but will be unable to attend the March 4 meeting, I am submitting
my input in writing.
I have reviewed the online materials given for this variance request and have
no objections to the changes. The future Bangasser residence will be a lovely
addition to the neighborhood, and appears to pose no detriment to the
lakeshore environment.
Sincerely,
Catherine Black
3629 Red Cedar Point Road
*I did NOT receive the Public Hearing Notice in the mail. It was given to
me by neighbors across the street (and further from the Bangasser
residence).
Page 1 of 1
Auseth, Angie
From:
Steve Gunther [st.gunther@ mchsi.com]
Sent:
Monday, March 03, 2008 11:11 AM
To:
Auseth, Angie
Cc:
dave.bangasser@opuscorp.com
Subject: 3633 South Cedar Drive Variance Request
Importance: High
Dear Angie,
I am the owner of a house at 3628 Hickory Lane in Chanhassen and am writing to SUPPORT the
variance requested by Dave and Mary Jo Bangasser. As lake shore residents in this area, we understand the
difficulties of applying current setback standards to small lots and request that the Planning Commission approve
their request.
Our house has an indirect view of their property and we believe that the house proposed by the
Bangassers is well suited to the neighborhood and the lot. The quality and beauty of the garage that Dave had
constructed across the street is far beyond that of the typical neighborhood structure and we'd love to see him
extend the concept into his primary residence.
Please contact me K you have any questions. Again, I ask the you and the Chanhassen Planning
Commission approve the variance requested by the Bangassers at 3633 South Cedar Drive.
Sincerely,
Steve Gunther
3628 Hickory Lane, Excelsior, MN 55331
Steve Gunther
Chief Executive Officer and Owner,
stgunther@att.net
Professional Profile
see who we know in common
3/4/2008
V02 Max & Anytime Fitness Savage work: 612-859-3729
mobile: 612-859-3729
fax: 952-949-8616
Want a signature like this?
ag-a-f
1. The survey must be to scale.
2. The note stating "It is not possible to hold public platted right of way
due to long standing evidence of monumentation" must be deleted.
3. Clarify the bearing of the northern property line for Lot 16.
ECANNEO
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
March 10, 2008
CITY OF
CHANHASSEN
Dave and Mary Jo Anding Bangasser
8321 View Lane
7700 Market Boulevard
Eden Prairie, MN 55347
PC Box 147
Chanhassen, MN 55317
Re: Front and Side Yard Setback Variance —Planning Case #08-04
Administration
Phone: 952227.1100
Dear Mr. and Mrs. Bangasser:
Fax: 952 227.1110
Building Inspections
This letter is to formally notify you that on March 4, 2008, the Chanhassen
Phone: 952227.1180
Planning Commission approved Planning Case 08-04 for a 20.2 -foot front yard
Fax:952.227.1190
setback variance and an 8 -foot side yard setback variance for the construction of a
Engineering
single-family dwelling on the riparian parcel of Lot 1, Block 5 & Lot 16, Block 4,
Phone: 952.227.1160
Red Cedar Point Lake Minnewashta. The approved front yard setback variance
Fax: 952.227.1170
include the eaves of the structure and shall be measured from the 30 -foot platted
Finance
right-of-way.
Phone: 952.227.1140
Fax 952227.1110
The variance is subject to the following conditions:
Park 8 Recreation
Phone: 952.227.1120
1. Building Official Conditions:
Fax: 952.227.1110
Recreation Center
a. The applicant must apply for a demolition permit prior to removing the
2310 Coulter Boulevard
Phone: 952.227.1400
existing structure.
Fax: 952 227.14D4
b. The applicant must apply for a building permit prior to construction.
Planning 8
Natural Resources
Phone: 952.227.1130
c. Any portion of the structure less than five (5) feet from the property
Fax:952.227.1110
line must be of one-hour fire -resistive construction.
Public Works
1591 Park Road
d. Building permits are required for retaining walls.
Phone: 952.221.1300
Fax: 952.227.1310
e. Retaining walls must be designed by a structural engineer licensed in
Senior center
the State of Minnesota.
Phone: 952 227.1125
Fax: 952.227.1110
2. City Engineer Conditions:
Web Site
www.ci.chanhassen.mn.us
a. The Certificate of Survey must be revised as follows when applying for a
building permit:
1. The survey must be to scale.
2. The note stating "It is not possible to hold public platted right of way
due to long standing evidence of monumentation" must be deleted.
3. Clarify the bearing of the northern property line for Lot 16.
ECANNEO
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Dave and Mary Jo Anding Bangasser
March 10, 2008
Page 2
4. Correct the Block numbers shown on the survey (Block 4 is shown as Block 5, and
vice versa).
5. Show the correct distance and bearing of the property lines for Lot 1, Block 5.
6. The flow arrows on the sanitary sewer manhole are in the wrong direction.
7. Show existing and proposed contours.
8. Show proposed retaining wall location and top and bottom of wall elevation.
9. All lot measurements, structure setbacks, and impervious coverage shall be
submitted to the city at the time of building permit application.
b. The applicant must submit a proposed grading plan with the building permit to
demonstrate how the site will drain.
3. City Forester Conditions:
a. Tree protection fencing must be properly installed at the edge of construction and
extended completely around the tree at the greatest distance possible. This must be done
prior to any construction activities and remain installed until all construction is
completed.
b. The roots of neighboring trees must be cut by hand or a vibratory plow to avoid ripping
or tearing the roots.
c. To retain soil moisture in the remaining root area, wood chip mulch should be applied to
a depth of 4 — 6 inches, but no deeper, over all the root area.
d. No equipment or materials may be stored within the tree protection area.
e. The trees will need to be watered during dry periods.
f. Any pruning cuts necessary for oaks must be done before April 1 or after July to avoid
any possible exposure to the oak wilt fungus.
g. One tree is required within the front yard setback area.
4. Water Resource Coordinator Conditions:
a. The plans shall be revised to indicate the placement of silt fence or other approved
perimeter BMP as well as incorporate any applicable Chanhassen standard details for
erosion and sediment control. This should include, at a minimum, 393-5301 and 393-
5302B. All erosion and sediment control features shall be installed prior to any earth
disturbing activities and shall remain in place until at least 75% of the property is covered
by vegetation.
b. The applicant shall provide specifications for the soils to be used to backfill the retaining
walls to show that infiltration rates within these areas are maximized.
r., 4
�t
Dave and Mary Jo Anding Bangasser
March 10, 2008
Page 3
c. The applicant shall provide a generalized list of plants which are to be used to landscape
the retaining wall areas.
d. The applicant shall maintain the depression adjacent to Lake Minnewashta.
e. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
where applicable and comply with their conditions of approval.
5. General Condition:
a. The site shall not exceed the maximum 25% site coverage allowed in the Residential
Single Family district.
The variance is valid for one year from the approval date. A building permit must be applied for
prior to March 4, 2009, through the City's building department. If you have any questions,
please contact me at 952-227-1132 or by email at aauseth@ci.chanhassen.mn.us.
Sincerely,
Angie Auseth
Planner I
c: Jerry Mohn, Building Official
Building Permit File
9:\plan\2008 planing cam\08-04 bangaz valiant *Uu of appmval.doc
u u � C : ►It Jul
TO: Angie Auseth, Planner I
FROM: Jerritt Mohn, Building Official
DATE: February 5, 2008
SUBJ: Review of variance requests for:
Front and side yard setback variances for the demolition and
reconstruction of a single-family home at 3633 South Cedar Drive.
}Planning Case: 08-04
I have reviewed the above request for variances. The following conditions would be
required:
I. A building permit is required before any demolition or construction.
2. Any portion of the structure less than five (5) feet from the property line
must be of one-hour fire -resistive construction.
3. Building permits are required for retaining walls. Retaining walls must be
designed by a structural engineer licensed in the State of Minnesota.
G/PLAN/2008 Planning Cases/08-04 Bangassa Variancelbuildingofficialcomments.doc
ClMP0RTANT MESSAGE
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SPECIAL ATTENTION
MESSAGE T -
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SIGNED
FCRM 3002C
Date: February4, 2008
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
To: Development Plan Referral Agencies
From: Planning Department By: Angie Auseth, Planner I
Subject: DAVE BANGASSER — Request for Front and Side Yard Setback Variances for the demolition and
reconstruction of a single-family residence on property zoned Residential Single Family and located at
3633 South Cedar Drive
Planning Case: 08-04
The above described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on February 1, 2008. The 60 -day review period ends April 1, 2008.
In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
Proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City
Council.
This application is scheduled for consideration by the Chanhassen Planning Commission on March 4, 2008 at 7:00 p.m. in
the Council Chambers at Chanbassen City Hall. We would appreciate receiving your comments by no later than February
22, 2008. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is
greatly appreciated.
1. City Departments:
a. City Engineer
b. City Attorney
c. City Park Director
d. Fire Marshal
e. Building Official
E Water Resources Coordinator
g. Forester
2. Carver Soil & Water Conservation District
3. MN Dept. of Transportation
4. MN Dept. of Natural Resources
5. U.S. Army Corps of Engineers
6. U.S. Fish & Wildlife
Carver County
a. Engineer
b. Environmental Services
8. Watershed District Engineer
a. Riley -Purgatory -Bluff Creek
b. Lower Minnesota River
c. Minnehaha Creek
9. Telephone Company (Qwest or Sprint/Umted)
10. Electric Company (Xcel Energy or MN Valley)
11. Mediacom
12. CenterPoint Energy Minnegasco
Location Map
(Subject Property Highlighted in Yellow)
Bangasser Variance Request
3633 South Cedar Drive
Planning Case 2008-04
ri
Location Map
Bangasser Variance
3633 South Cedar Drive
Planning Case 2008-04
Lake Minnewashta
SUBJECT
PROPERTY
CITY OF CHANHASSEN
P O BOX 147
CHANHASSEN MN 553
02/26/2008 2:18 PM
Receipt No. 0065039
CLERK: katie
PAYEE: MARY BANGASSER
8321 VIEW LANE
EDEN PRAIRIE MN 55347
PLANNING CASE #08-04
-------------------------------------------------------
GIS List 96.00
Total
Cash
Check
Change
96.00
0.00
96.00
SCANNE0
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
OF (952) 227-1100
To: Dave & Mary Jo Bangasser
8321 View Lane
Eden Prairie, MN 55347
Invoice
SALESPERSON DATE TERMS
KTM February 21, 2008 upon receipt
NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the
Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for March 4,
2008.
Make all checks payable to: City of Chanhassen
Please write the following code on your check: Planning Case #08-04.
If you have any questions concerning this invoice, call: (952)-227-1107.
THANK YOU FOR YOUR BUSINESS!
{CANNED
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
CITY OF CHANHASSEN
CARVER & HENNEPIN
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
COUNTIES
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
NOTICE OF PUBLIC HEARING
PLANNING CASE NO. 08-04
lager and has full knowledge of the facts herein stated as follows:
NOTICE IS HEREBY GIVEN
that the Chanhassen Planning
(A) These newspapers have complied with the requirements constituting qualification as a legal
Commission will hold a public
newspaper, as provided by Minnesota Statute 331 A.02, 331A.07, and other applicable laws, as
hearing on Tuesday, Match 4, 2008,
amended
at7:00 p.m. in the Council Chambers
in Chanhassen City Hall, 7700
(B) The printed public notice that is attached to this Affidavit and identified as No. GeZ�
Market Blvd. The purpose of this
hearing is to consider a request for
was published on the date or dates and in the newspaper stated in the attached Notice and said
setback Variances for the
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
demolition and reconstruction a
the news specified. Printed below is a co of the lower case alphabet from A to Z, both
Paper Pec PY P
single-family residence on property
r
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
zonedResidential Single Familyand
and publication of the Notice:
located at 3633 South Cedar Drive.
Applicant: Dave Bangasser.
abcdefghllklmnopgrstuvwxyz
A plan showing the location of
!)
the proposal is available for
s public
review othe City's web site
-%
(V_s
www, t C
chanhassen mn us/s rv/
plan/08-04.html or at City Hall
Laurie A. Hartmann
during regular business hours. All
interested persons are invited to
attend this public hearing and
express their opinions with respect
Subscribed and sworn before me on
to this proposal.
Angie Auseth,
Planner I
Email:
aauseth@cPhon
thisy�day of 2008
Phone: 952.227-1132
Phone:
GWEN M. MENZ
(Published in the Chanhassen
NOTARY RAC -1dt4VWA
Villager on Thursday, February 21,
2008; No. 4022)
My Comm�ba 31, 2010
Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch
Maximum rate allowed by law for the above matter ................................ 540.00 per column inch
Rate actually charged for the above matter .............................................. $12.19 per column inch
SCANN'D
CITY OF CHANHASSEN
CARVER & HENNEPIN COUN'T'IES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO. 08-04
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, March 4, 2008, at 7:00 p.m. in the Council Chambers in Chanhassen
City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for setback
Variances for the demolition and reconstruction of a single-family residence on property zoned
Residential Single Family and located at 3633 South Cedar Drive. Applicant: Dave Bangasser.
A plan showing the location of the proposal is available for public review on the City's web
site at www.ci.chanhassen.mn.us/sere/plan/08-04.htm1 or at City Hall during regular business
hours. All interested persons are invited to attend this public hearing and express their opinions
with respect to this proposal.
Angie Auseth, Planner I
Email: aauseth@ci.chanhassen.mn.us
Phone: 952-227-1132
(Publish in the Chanhassen Villager on February 21, 2008)
SCANNED
CITY OF CHANHASSEN
P O BOX 147
CHANHASSEN MN 55317
02/04/2008 2:53 PM
Receipt No. 0063525
CLERK: katie
PAYEE: MARY JO AND DAVID BANGASSER
Bangasser Variance
Planning CAse 2008-04
-------------------------------------------------------
Use & Variance 200.00
Recording Fees 50.00
Total 250.00
Cash 0.00
Check 4502 250.00
Change
SCANNED
BANGASSER VARIANCE - PLANNING CASE 2008-04
$200 Variance
$50 Recording Escrow
$250 David Bangasser Check #4502
SCANNED
Date: February 4, 2008
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
To: Development Plan Referral Agencies
From: Planning Department By: Angie Auseth, Planner I
Subject: DAVE BANGASSER — Request for Front and Side Yard Setback Variances for the demolition and
reconstruction of a single-family residence on property zoned Residential Single Family and located at
3633 South Cedar Drive
Planning Case: 08-04
The above described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on February 1, 2008. The 60 -day review period ends April 1, 2008.
In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City
Council.
This application is scheduled for consideration by the Chanhassen Planning Commission on March 4, 2008 at 7:00 p.m. in
the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than February
22, 2008. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is
greatly appreciated.
1. City Departments:
a. City Engineer
b. City Attorney
c. City Park Director
d. Fire Marshal
e. Building Official
f. Water Resources Coordinator
g. Forester
2. Carver Soil & Water Conservation District
3. MN Dept. of Transportation
4. MN Dept. of Natural Resources
5. U.S. Army Corps of Engineers
6. U.S. Fish & Wildlife
7. Carver County
a. Engineer
b. Environmental Services
8. Watershed District Engineer
a. Riley -Purgatory -Bluff Creek
b. Lower Minnesota River
c. Minnehaha Creek
9. Telephone Company (Qwest or Sprint/United)
10. Electric Company (Xcel Energy or MN Valley)
11. Mediacom
12. CenterPoint Energy Minnegascw
Location Map
(Subject Property Highlighted in Yellow)
Bangasser Variance Request
3633 South Cedar Drive
Planning Case 2008-04
FAX COVER SHEET
Uff OF Date: 02/21/08
Company: EDS
7700 Market Blvd Attention: Vlad Sivriver
P.O. Box 147
Chanhassen, MN 55317 Fax Number: 952-377-7700
General Phone. 952-227-1100 Sent By: Alyson Fauske, Assistant City Engineer
Administrative Fax: 951-227-1110
B1dg1InspectionsFax: 952-227-1190 Direct Dial No: 952-227-1164
Engineering Fax: 952-227-1170
Par"ecreation Fax: 952-117-1110
Planning Fax: 952-217-1110 Sending 2 pages, including cover page.
Public Works Fax: 952-227-1310
Recreation Center Fax: 951-227-1404 ❑ Please find the information you requested
Web Address: w .cLcbanbassen.mmus ❑ Please review and call me
❑ Please call to confirm receipt of this fax
.1
VIA
I'm hying to determine where the 25.8 foot wide right of way vs. 30 foot platted discrepancy lies.
The plat shows that the south right of way line is at N 600 12' E. The survey you submitted shows
N 60° 00' 00" W; there seems to be a typo on the survey, as N 60° 00' 00" E seems reasonable. If
this is the case (a 12' difference in the bearing of the ROW), this would account for 2.8 feet of the
4.2 foot ROW discrepancy at the original east property line of Lot 16, Block 4.
I pulled the survey for Lot 1, Block 5 (the Bangasser's garage) as the current survey does not show
the bearing of the south property line (ie. the northern ROW line for South Cedar Drive. On this
survey, the bearing angles for the northern and western property lines for Lot 1 do not make sense.
The survey also shows bearing angles and distances for Lot 2; none of these bearing angles make
sense.
I've enclosed the survey dated 1-16-06 for your reference. Please update the current certificate of
survey showing the corrected bearings. Hopefully we can "find" the ROW discrepancy.
Thanks, Alyson
If you do not receive all pages, or are experiencing other problems in transmission, please call the
sender at his or her direct dial number.
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PhLme (7b9) 545-2800
E-mail:inYcInedsnn com
G -Il F: E:P-IMG I) EE:IG.Pr .&
ti from the Hou of
Davol f &Mary 90 A. Bangasser
8321 `I aw Lane
Edzn Prairie. MN
9521937-1167
February 1, 2008
Ms. Angie Auseth
Planner
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
Re: 3633 South Cedar Drive- Variance Request
Dear Angie,
Per our meeting on this subject, attached are materials required for our application for
variances from the front yard and side yard setback requirement in order to demolish our
existing "cabin" to construct a new house.
Attached please find the following materials:
1. Development Review Application- Variance
2. Check in the amount of $ 250.00
3. Certificate of survey prepared Engineering Design Services- 16 sets at l Ix 17.
4. Proposed floor plans and renderings- 16 sets 8.5x 11.
5. Aerial Photo of the neighborhood.
We ask that the planning staff as well as the Planning Commission and City Council
consider the following relative to this request:
• This property has been in the family as a 700 square foot cabin for four
generations and we now plan to make this our permanent residence.
• The property was platted in 1913, which predates the current zoning ordinances.
The individual lots are smaller than current minimum sizes and as a result, the
majority of the properties are either non -conforming or have received variances.
• The side yard setback variance we are requesting is an existing condition with the
east wall of the proposed home in the same location as the existing east wall.
• The property line from which we are requesting the side yard variance was moved
10 feet to the west in the 1970's which explains why both of these parcels are
shifted near their easterly property lines while maintaining in a relatively large 23
feet between the houses.
• The distances proposed between this house and the neighbors on either side are
greater than the distances between the majority of the houses in the area (see
aerial photo.) In fact, of the 11 homes in the immediate area, the 23' between our
1
proposed house and the Plucinak home to the east is more than all existing home
separation distances except one.
• The 16' front yard setback proposed is significantly greater than neighbors on
either side.
• We have reduced the height of the house by "burying" the house into the hill and
by placing the bedrooms in the normal roofline rather than creating another full.
floor. Therefore, we feel we have not impacted light and air to the adjacent
properties.
• Due to the narrow widths of our property and the Plucinak's property to the east,
we have shared the use of the properties for many years and continue to do so.
This includes access to the lake on our west property line; a common dock; a
parking stall and sidewalks.
• The overall size of the home is compatible with the neighbors on either side as
shown on the survey.
• Due to the narrow width of the property, we could not build a reasonable home
without a variance.
• We have taken steps to improve storm water run-off through the use of a slight
berm along the shoreline as well as infiltration at planting beds in the retaining
walls between the house and the lake.
• We have met with both of our neighbors regarding our plans and have received
their support.
Thank you for your assistance in this matter. If you have any questions or comments, I
can be reached at my office, 952/65611457 or dave.bangasser@opuscorp.com.
ncerely
Dave Bangas r
I;;fHk1
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
Contact:
Phone: 52- 1Fax:
Email: �au� �tx7rtaaer�opco r�. tov�n
Planning Case No. 0 O 0
CITY OF CHANHASSEN
RECEIVED
FEB 0 1 2008
CHANHASSEN PLANNING DEPT
Owner Name and Address:
MhQq :To 41R 36ASSEl2.
Contact:
Phone: 951-931 - I I b-1 Fax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPR/VACNARNVAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE
An additional fee of $3.00 per address within the public hearing notification area will be Invoiced to the applicant
Prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
PROJECT NAME: _bRt*k s� (L. RE� 117EPv Cti
LOCATION: 3 03 S oo-rR h DP' iL
LEGAL DESCRIPTION: Loi I bLOGY S Awa LoT C (v i }3 Luck L{ RtE'D CE -DRI- ToN I LASE
TOTAL ACREAGE: 01
WETLANDS PRESENT:
PRESENT ZONING:
REQUESTED ZONING:
tAf EAST toy OF SkID
N /15. 025 S=f_
PRESENT LAND USE DESIGNATION:
YES _X NO
REQUESTED LAND USE DESIGNATION:
Ice
REASON FOR REQUEST: K 5 [DE YKD SCTBA M V Y)AN V TO A LLm
l ot�sTRve ��0�1 o F k Nv—" i�oME w F S i%C W rel{ NN gQ5UL CAbN, U f�RiA1uC1
1� A �y(S"I'IAA-Co1JI71TIo1J, SES RTTANACD LU-jj" B-,
y
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
C��a � 1((I,K
Signature of Applicaryt Date
l//l a as J 41 / a R
Signature of a caner Date
G:\pLAN\forms\Development Review Applioation.DOC Rev. 12105
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East Property Line from Lake
West
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INT
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Proposed Deck Porc-h,
TX1xz atir?: . � Irv.{ 1 w
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CERTIFICATE OF SURVEY
RESIDENCE FOR:
DAVE BANGASSER
3633 SOUTH CEDAR
CHANHASEN, MN
BENCHMARK
EI. 951.20 TOP OF CASTING OF SANITARY MANHOLE
ON CEDAR DRIVE SOUTH, 200 FEET WEST OF
INTERSECTION OF CEDAR DRIVE SOUTH &
RED CEDAR POINT
LEGEND
DENOTES CONCRETE SURFACE
DENOTES FOUND IRON MONUMENTS
O DENOTES SET IRON MONUMENTS
X999.99 DENOTES EXISTING ELEVATION
999.99 DENOTES PROPOSED ELEVATION
DENOTES SANITARY MANHOLE
a DENOTES DECIDUOUS TREE
DENOTES CONIFEROUS TREE
c0l� DENOTES ELECTRIC POWER POLE
MINIMUM SETBACKS
FRONT STREET 30 FT.
REAR YARD 30 FT.
INTERIOR SIDE YARD 10 FT.
HARDCOVER
AREA IMPERVIOUS OF LOT 1 1000 SQ. FT.
AREA TOTAL OF LOT 1 7920 SQ. FT.
HARDCOVER OF LOT 1 12.6 %
AREA IMPERVIOUS OF LOT 16 2418 SQ. FT.
AREA TOTAL OF LOT 16 7105 SQ. FT.
HARDCOVER OF LOT 16 34.0 %
HARDCOVER OF COMBINED LOTS: 22.7 R
NOTE
IT IS NOT POSSIBLE TO HOLD PUBLIC
PLATED RIGHT OF WAY DUE TO LONG
STANDING EVIDENCE OF MONUMENTAT10N
* ALL LOT LINE BEARINGS ARE ASSUMED
* CONTRACTOR MUST VERIFY PROPOSED ELEVATIONS
* NO SPECIFIC SOIL INVESTIGATION HAS BEEN
COMPLETED ON THIS LOT BY THE SURVEYOR
LEGAL DESCRIPTION
Lot 1, Block 5, RED CEDAR POINT LAKE
MINEWASHTA, Carver County, Minnesota
Lot 16, Block 4, RED CEDAR POINT LAKE MINEWASHTA
except the east 10.00 feet of said lot 16 and
the east 10.00 feet of lot 17, Block 4, RED CEDAR
POINT LAKE MINEWASHTA, Carver County, Minnesota
RED
5' EASEMENT PERPETUAL
IV EASEMENT PERP rAL
2
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AR P
ED
RED c INEjN
LAKE M
CERTIFICATION
I hereby certify that this survey, plan or
report was prepared by me or under my direct
supervision and that I am a duly Licensed Land
Surveyor under the Laws of the State of Minnesota
'lead 6,w tai, ek Dated: 1/23/08
Vladimir Sivriver
MN Reg. No. 25105
- >>
EDGE OF BIT. _,,f
DECK
SCALE 1•=3O'
EAST UNE OF LOT 16
'X W 15
�OHW=944.50 C�
qa ,.
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I 6480 Wayzata Boulevard, Minneapolis, MN 55426-1710
NPhone: (763) 545-2800 Frmail: info@,edsmncom
YYYIIIIII 11! E Fax: (763) 545-2801 Web Site: http://edsmn.com
ENGINEERING DESIGN & SURVEYING
A
�
Tfy
ONW 75 FT. SETBACK
5
\ 17
EAST UNE7 LOT 17
DECK
SCALE 1•=3O'
EAST UNE OF LOT 16
'X W 15
�OHW=944.50 C�
qa ,.
v Vv
I 6480 Wayzata Boulevard, Minneapolis, MN 55426-1710
NPhone: (763) 545-2800 Frmail: info@,edsmncom
YYYIIIIII 11! E Fax: (763) 545-2801 Web Site: http://edsmn.com
ENGINEERING DESIGN & SURVEYING
Main Floor (2nd)
1,250 sf
Bangasser Home
3633 South Cedar
Third Floor
960 sf
Bangasser Home
3633 South Cedar
Screen or
3 Season Porch
under deck
Lower Level
1,250 sf
NIC porch
Bangasser Home
3633 South Cedar Ci�Swyvo,,*al Ljlsjo8
9
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CERTIFICATE OF SURVEY
RESIDENCE FOR:
DAVE BANGASSER
3633 SOUTH CEDAR
CHANHASEN, MN
BENCHMARK
El. 951.20 TOP OF CASTING OF SANITARY MANHOLE
ON CEDAR DRIVE SOUTH, 200 FEET WEST OF
INTERSECTION OF CEDAR DRIVE SOUTH &
RED CEDAR POINT
LEG
DENOTES FOUND IRON MONUMENTS
O DENOTES SETIRON MONUMENTS
199.99 DENOTES EXISTING ELEVATION
999.99 DENOTES PROPOSED ELEVATION
Qs DENOTES SANITARY MANHOLE
a DENOTES DECIDUOUS TREE
y� DENOTES CONIFEROUS TREE
cla, DENOTES ELECTRIC POWER POLE
MINIMUM SETBACKS
FRONT STREET 30 FT.
REAR YARD 30 FT.
INTERIOR SIDE YARD 10 FT.
HARDCOVER
AREA IMPERVIOUS OF LOT 1 1560 SQ. FT.
AREA TOTAL OF LOT 1 7920 SQ. FT.
HARDCOVER OF LOT 1 19.77
AREA IMPERVIOUS OF LOT 16 3159 SQ. FT.
AREA TOTAL OF LOT 16 7276 SQ. FT.
HARDCOVER OF LOT 16 43.47
HARDCOVER OF COMBINED LOTS: 31.07
NOTE
10 IT IS NOT POSSIBLE TO HOLD PUBLIC
PLATED RIGHT OF WAY DUE TO LONG
STANDING EVIDENCE OF MONUMENTATION
• ALL LOT LINE BEARINGS ARE ASSUMED
° CONTRACTOR MUST VERIFY PROPOSED ELEVATIONS
NO SPECIFIC SOIL INVESTIGATION HAS BEEN
COMPLETED ON THIS LOT BY THE SURVEYOR
LEGAL DESCRIPTION
Lot 1, Block 5, RED CEDAR POINT LAKE
MINEWASHTA, Carver County, Minnesota
Lot 16, Block 4, RED CEDAR POINT LAKE MINEWASHTA
except the east 10.00 feet of said lot 16 and
the east 10.00 feet of lot 17, Block 4, RED CEDAR
POINT LAKE MINEWASHTA, Carver County, Minnesota
CERTIFICATION
I hereby certify that this survey, plan or
report was prepared by me or under my direct
supervision and that I am a duly Licensed Land
Surveyor under the Laws of the State of Minnesota
�)&d Cdr' ' 441141 Dated: 6
Vladimir Sivriver
MN Reg. No. 25105
57 EASEMENT
15' EASEMENT PERPE7l1AL
7
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1411YC.=INEERING
DESIGNN & SURVEVING
CERTIFICATE OF SURVEY
RESIDENCE FOR:
DAVE BANGASSER
3633 SOUTH CEDAR
CHANHASEN, MN
BENCHMARK
EI. 951.20 TOP OF CASTING OF SANITARY MANHOLE
ON CEDAR DRIVE SOUTH, 200 FEET WEST OF
INTERSECTION OF CEDAR DRIVE SOUTH &
RED CEDAR POINT
LEGEND
=s'a DENOTES CONCRETE SURFACE
• DENOTES FOUND IRON MONUMENTS
O DENOTES SET IRON MONUMENTS
x999.99 DENOTES EXISTING ELEVATION
999.99 DENOTES PROPOSED ELEVATION
Qs DENOTES SANITARY MANHOLE
DENOTES DECIDUOUS TREE
DENOTES CONIFEROUS TREE
DENOTES ELECTRIC POWER POLE
MINIMUM SETBACKS
FRONT STREET 30 FT.
REAR YARD 30 FT.
INTERIOR SIDE YARD 10 FT.
HARDCOVER
AREA IMPERVIOUS OF LOT 1 1000 SQ. FT.
AREA TOTAL OF LOT 1 7920 SQ. FT.
HARDCOVER OF LOT 1 12.6 %
AREA IMPERVIOUS OF LOT 16 2418 SQ. FT.
AREA TOTAL OF LOT 16 7105 SQ. FT.
HARDCOVER OF LOT 16 34.0 %
HARDCOVER OF COMBINED LOTS: 22.7 %
NOTE
IT IS NOT POSSIBLE TO HOLD PUBLIC
PLATED RIGHT OF WAY DUE TO LONG
STANDING EVIDENCE OF MONUMENTATION
• ALL LOT LINE BEARINGS ARE ASSUMED
• CONTRACTOR MUST VERIFY PROPOSED ELEVATIONS
* NO SPECIFIC SOIL INVESTIGATION HAS BEEN
COMPLETED ON THIS LOT BY THE SURVEYOR
LEGAL DESCRIPTION
Lot 1, Block 5, RED CEDAR POINT LAKE
MINEWASHTA, Carver County, Minnesota
Lot 16, Block 4, RED CEDAR POINT LAKE MINEWASHTA
except the east 10.00 feet of said lot 16 and
the east 10.00 feet of lot 17, Block 4, RED CEDAR
POINT LAKE MINEWASHTA, Carver County, Minnesota
m
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5' EASEMENT PERPETUAL S > OjjV'P>ROAD w
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CERTIFICATION
I hereby certify that this survey, plan or
report was prepared by me or under my direct
supervision and that I am a duly Licensed Land
Surveyor under the Laws of the State of Minnesota
Ao'd %✓t ek 1/23/08
Dated:
Vladimir Sivriver
MN Reg. No. 25105
10
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W75 FT\SETBACK a 16
5 \ 17 X RVEY g -el?
EAST UNE LOT 17^••� N75 49 0 •' �OHW=944.50 ccs Y'
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ENC> INEERING DESIGN & SU P.VE-YING
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CERTIFICATE OF SURVEY
RESIDENCE FOR:
DAVE BANGASSER
3633 SOUTH CEDAR
CHANHASEN, MN
BENCHMARK
EI. 951.20 TOP OF CASTING OF SANITARY MANHOLE
ON CEDAR DRIVE SOUTH, 200 FEET WEST OF
INTERSECTION OF CEDAR DRIVE SOUTH &
RED CEDAR POINT
LEGEND
ie= DENOTES CONCRETE SURFACE
• DENOTES FOUND IRON MONUMENTS
O DENOTES SET IRON MONUMENTS
X999.99 DENOTES EXISTING ELEVATION
999.99 DENOTES PROPOSED ELEVATION
Qs DENOTES SANITARY MANHOLE
c DENOTES DECIDUOUS TREE
' DENOTES CONIFEROUS TREE
DENOTES ELECTRIC POWER POLE
MINIMUM SETBACKS
FRONT STREET 30 FT.
REAR YARD 30 FT.
INTERIOR SIDE YARD 10 FT.
HARDCOVER
AREA IMPERVIOUS OF LOT 1 1000 SQ. FT.
AREA TOTAL OF LOT 1 7920 SQ. FT.
HARDCOVER OF LOT 1 12.6 % -
AREA IMPERVIOUS OF LOT 16 2418 SQ. FT.
AREA TOTAL OF LOT 16 7105 SQ. FT. '
HARDCOVER OF LOT 16 34.0 %
HARDCOVER OF COMBINED LOTS: 22.7 %
NOTE
10 IT IS NOT POSSIBLE TO HOLD PUBLIC
PLATED RIGHT OF WAY DUE TO LONG
STANDING EVIDENCE OF MONUMENTATION
• ALL LOT LINE BEARINGS ARE ASSUMED
* CONTRACTOR MUST VERIFY PROPOSED ELEVATIONS
• NO SPECIFIC SOIL INVESTIGATION HAS BEEN
COMPLETED ON THIS LOT BY THE SURVEYOR
LEGAL DESCRIPTION
Lot 1, Block 5, RED CEDAR POINT LAKE
MINEWASHTA, Carver County, Minnesota
Lot 16, Block 4, RED CEDAR POINT LAKE MINEWASHTA
except the east 10.00 feet of said lot 16 and
the east 10.00 feet of lot 17, Block 4, RED CEDAR
POINT LAKE MINEWASHTA, Carver County, Minnesota
5' EASEMENT PERPETUAL
' >,-j—
W EASEMENT PERPtTUAL
2 I 1
4
SETB.A UNE /
RED CED E.W AS
LAKE MIN
CERTIFICATION
I hereby certify that this survey, plan or
report was prepared by me or under my direct
supervision and that I am a duly Licensed Land
Surveyor under the Laws of the State of Minnesota
/e4d Swt ek 1/23/08
Dated:
Vladimir Sivriver
MN Reg. No. 25105
EDGE OF 81T.
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, SCALE 1'=30'
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EAST UNE OF LOT 16
i
,a X 15
OHW 75 FT\SETBACK • 16
5 \ 17 X vEr � .ry
EAST UNE�F LOT 17 \ N-1 _ y0HW=9aa.50 ri
H H
\ 290
\ N 1'
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6480 Wayzata Boulevard, Minneapolis, MN 55426-1 71 0
x Phone: (763)545-2800 E-mail: nfo(dedsmn-com
C Fax: (763) 545-2801 Web Site: hnJiedsmn.com
ENGINEERING DIESIGN & SURVEYINCF
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RE: Additional Information
Auseth, Angie
From: Bangasser, Dave [David.Bangasser @opusnw.com]
Sent: Saturday, February 16, 2008 8:01 PM
To: Auseth, Angie
Subject: RE: Additional Information
Angie,
Page 1 of 4
I just mailed the originals, however, they are only marginally clearer than the pdf since I blew the 30 scale pdf up to 20 scale
to make it easier to measure but resulting in some of the text a bit blurry. Hopefully you can still read it.
Regarding the road width EDS spent a great deal of time on this in 2006. He worked with the county and discussed the
matter with several other survey firms prior to finalizing the survey with the note on the road width. There are several
structures quite close to the ROW including the Plucinak's next door with their garage 3 feet from the ROW. Therefore, I not
sure what can be done relative to the ROW width but I will wait to hear from you.
Dave Bangasser
Vice President- Project Management
Opus NW Construction
952-656-4457
-----Original Message -----
From: Auseth, Angie f mat ltg:aauseth@ci.chanhassen.mn.us]
Sent: Fri 2/15/2008 8:57 AM
To: Bangasser, Dave
Subject: RE: Additional Information
Dave,
The surveys printed to scale, but they are a little blurry. I can use them for calculation purposes, but I would also like the
original hard copies; if you wouldn't mind mailing them in if you don't have time to drop them off, that would be great. I
received a message from Tom Johnson on Wednesday, who is in full support of your request.
Our engineering department was reviewing the survey and discovered a discrepancy in the width of South Cedar Drive, the
survey shows 30 feet and 25.8 feet to the property line; we have contacted our attorney to take a look at it. So, at this point 1
don't know much about it, and we are planning on hearing back from him today. I want to be able to let you know what we
find out by this afternoon, since you will be gone all next week.
Thank you for the surveys and 1 will be in touch sometime before the end of the day today.
Best regards,
Angie
2/19/2008
RE: Additional Information
Angie Auseth
Planner I
City of Chanhassen
7700 Market Blvd
Chanhassen, MN 55317
Direct dial: 952-227-1132
Fax: 952-227-1110
email: aauseth@ci.chanhassen.mn.us
Website: www.ci.chanhassen.mn.us<htip://www._ci.chanhassen.mn.us/>
From: Bangasser, Dave[mailto_Dayid.Bangasser@opusnw.com]
Sent: Thursday, February 14, 2008 4:33 PM
To: Auseth, Angie
Subject: RE: Additional Information
Angie,
Page 2 of 4
Attached is a blow up at 1" = 29 of both the current impervious surface from my 2006 survey and another with the current
survey which shows the impervious surface proposed to be removed. I also attached my calculations for a net impervious
reduction of approximately 552 square feet. Hopefully they will help you visualize the impervious impact. If the scale is
adjusted during printing, let me know and 1 will drop the originals off.
Also for your information. I invited both of our immediate neighbors to contact you regarding how they feel about our plans.
I specifically asked them to talk to you about any concerns they may have. They have not voiced any concerns to us;
however, I thought they may have some they would not bring up directly with us. If they do have concerns, please let me
know since Mary Jo and I want a project we are all happy with. All three parties are likely to be neighbors for a long time.
Dave Bangasser
Vice President- Project Management
OPUS Northwest Construction L.L.C.
Phone: 952/656-4457
2/19/2008
RE: Additional Information
Fax: 952/352-8457
dave.bangasser@opuscorp.com
From: Auseth, Angie [mailto:aauseth@ci.chanhassen.mn.usI
Sent: Wednesday, February 13, 2008 1:28 PM
To: Bangasser, Dave
Subject: Additional Information
Dave,
Page 3 of 4
As I'm working with the survey I realized that it is not to scale, it's close, but not accurate. It appears to have been reduced at
some point, maybe during printing or copying. Also, in our meeting, I believe, you mentioned removing some hardcover on
the west side of the property to reduce the over all impervious coverage; however this is not reflected on the survey. Could
you also supply me with additional information regarding the impervious surface calculations? I am looking for a breakdown
of the existing and a proposed impervious coverage: house driveway, concrete paver patio, etc. My intent is to demonstrate
the compromise of reducing hard cover.
So, if you can you get me an accurate survey and the impervious calculation as soon as possible, I would greatly appreciate
it. Please let me know if you have any questions.
Thank you,
Angie
Angie Auseth
Planner I
City of Chanhassen
7700 Market Blvd
Chanhassen, MN 55317
Direct dial: 952-227-1132
Fax: 952-227-1110
email: aauseth@ci.chanhassen.mn.us
Website: www.ci.chanhassen.mn.us <http://www.ci.chanhassen-mn.us/>
2/19/2008
RE: Additional Information
From: Bangasser, Dave[mailto:David.Bangasser@opusnw.coml
Sent: Monday, February 11, 2008 9:51 AM
To: Auseth, Angie
Subject:
Angie,
Page 4 of 4
As part of our variance application, we are required to provide proof of ownership. I have attached the Carver County
Property Tax records from their website which I trust will satisfy this requirement.
Also, you asked about the roof soffit overhang dimension. After looking into this a bit further, a 2 foot overhang is more
typical than the 18" 1 verbally gave you. I would prefer to go with 2 feet if possible.
For your information, I will be out of town all of next week (February 17 -24th). I will check my voice mail occasionally
during this time should you need something or have questions.
Have a good day.
Dave Bangasser
Vice President- Project Management
OPUS Northwest Construction L.L.C.
Phone: 952/656-4457
Fax: 952/352-8457
dave.bangasser@opuscorp.com
This email is intended solely for the use of the individual to whom it is addressed
and may contain information that is privileged, confidential or otherwise exempt
from disclosure under applicable law. If the reader of this email is not the intended
recipient or the employee or agent responsible for delivering the message to the
intended recipient, you are hereby notified that any dissemination, distribution,
or copying of this communication is strictly prohibited. If you have received this
communication in error, please immediately notify us by telephone and return
the original message to us at the listed email address.
Thank You.
2/19/2008
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