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CAS-07_3701 SOUTH CEDAR DRIVE - DAN & SUSAN FAGAN0 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. N� C65 r"� 644 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehlcr Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin Amy B. Schutt David H. Schultz Kurt S. Fischer Grand Oak Office Center 1 860 Blue Gentian Road Suite 290, Eagan, MN 55121 651-452-5000 Fax 651-234-6237 www.ck-law.com CAMPBELL KNUTSON Professional Association July 24, 2015 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Miscellaneous Recorded Document Dear Ms. Steckling: J&qECmwFv CIn.Q C 2 72015 nsuy,�� Please find enclosed, for the City's files, the original recorded Variance 2015-07 regarding Lot 19, Block 4, Red Cedar Point Lake Minnewashta. Said Variance was recorded on May 18, 2015 as document number A610211. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association Jean J . Olson, Legal Assistant /jmo Enclosure 192730 SCANNED Document No. OFFICE OF THE A 610211 COUNTY RECORDER CARVER COUNTY, MINNESOTA Receipt # Certified Recorded on May 18, 2015 4:30 PM 51o21i Fee: $46.00 II I I I II I II I I I'II III John E Freemyer County Recorder CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2015-07 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission approves a 15-foot setback variance from the 75-foot shoreline setback to expand a 13-foot by 12-foot section of an existing deck into indoor living space for a single-family home on property zoned Single - Family Residential District located at 3701 South Cedar Drive. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 19, Block 4, Red Cedar Point Lake Minnewashta. 3. Condition. The variance approval is subject to the following conditions: a. The applicant shall reduce the hard surface coverage of the property to not exceed 25 percent. b. The building expansion does not encroach farther than 15 feet into the 75-foot shoreline setback. c. The applicant must apply for and receive a building permit from the City. 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: April 7, 2015 SCANNED (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) BY Den/dyyLaufenbirrger, Mayor AND: z L At Todd Gerhardt, City Manager r' The foregoing instrument was acknowledged before me this U10day of 2015 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of thanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. #V,.!KAREN J. ENGELHARDT tary Public -Minnesota "Ion ExpW" Im 31, ZOW DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 CITY OF CHANH•SEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OTRANSMITTAL DATE JOB NO. 5/13/15 2015-07 ATTENTION Carole Hoeft RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 4/7/15 15-07 Variance 2015-07 3701 South Cedar Drive THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: Daniel & Susan Fagan ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints SIGNE Kim wissen, (952) 27-1107, I/ enclosures are not as noted, kindly notdy us at once. SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NHNNESOTA VARIANCE 2015-07 1. Permit. Subject to the terns and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission approves a 15-foot setback variance from the 75-foot shoreline setback to expand a 13-foot by 12-foot section of an existing deck into indoor living space for a single-family home on property zoned Single - Family Residential District located at 3701 South Cedar Drive. 2. Pro e . The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 19, Block 4, Red Cedar Point Lake Minnewashta. 3. Condition. The variance approval is subject to the following conditions: a. The applicant shall reduce the hard surface coverage of the property to not exceed 25 percent- b. The building expansion does not encroach farther than 15 feet into the 75-foot shoreline setback. c. The applicant must apply for and receive a building permit from the City. 4. Lause. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: April 7, 2015 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSENN BY: Z" l/ ` Dennfiyy Laufenburger, Mayor AND: zt��L Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this 4zMday of 2015 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of hanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 KAREN J. ENGELHARDT Notary Publ"innesota My Ca m"M EV W" An 31.2020 2 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone:952.227.1180 Fax:952,227.1190 Engineering Phone:952.227,1160 Fax:952.227.1170 Finance Phone:952.227.1140 Fax: 952.227.1110 Park & Recreation Phone:952.227.1120 Fax: 952.227.1110 15 -0-1 April 16, 2015 Daniel P. and Susan Fagan 3701 South Cedar Drive Excelsior, MN 55331-9688 Re: Planning Case #2015-07, Variance Request Dear Mr. and Mrs. Fagan, This letter is to inform you that on April 7, 2015, the Chanhassen Planning Commission approved a 15-foot setback variance from the 75-foot shoreline setback to expand a 13-foot by 12-foot section of the existing deck into indoor living space subject to the following conditions: 1. The applicant shall reduce the hard surface coverage of the property to not exceed 25 percent. 2. The building expansion does not encroach farther than 15 feet into the 75-foot shoreline setback. 3. The applicant must apply for and receive a building permit from the City. Recreation Center The City will record the variance on the property with Carver County. The variance 2310 Coulter Boulevard is valid for one year from the approval date. A building pemiit must be applied for Phone: 952.227.1400 prior to April 7, 2016 throughthe Ci 's Building $Department or the variance Fax: 952.227.1404 becomes void. Planning & Natural Resources If you have any questions or need additional information, please contact me at (952) Phone:952.227.1130 227-1132 or by email at dingvalson@ci.chanhassen.mn.us. Fax: 952.227.1110 Public Works Sincerely, 7901 Park Place JJA-JVAP� Phone:952.2271300 Fax:952.227.1310 Drew Ingvalson Senior Center Planning Intern Phone:952.227.1125 Fax: 952.227.1110 EC: Kate Aanenson, Community Development Director Website Todd Gerhardt, City Manager www.ci.chanhassen.mn.us Drew Ingvalson, Planning Intern Terry Jeffery, Water Resources Coordinator g:�plan\2015 planning cases\2015-07 3701 south cedar drive varianc6approval letter.doc SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CHANHASSEN PLANNING COMMISSION REGULAR MEETING APRIL 7, 2015 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Steve Weick, Nancy Madsen, and John Tietz MEMBERS ABSENT: Maryam Yusuf and Lisa Hokkanen STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Stephanie Bartels, Project Engineer OATHS OF OFFICE: Chairman Aller administered the oaths of office to Nancy Madsen and John Tietz. PUBLIC HEARING: 3701 SOUTH CEDAR DRIVE VARIANCE PLANNING CASE 2015-07• REOUEST FOR VARIANCES TO PERMIT ENCLOSURE OF EXISTING DECK ON PROPERTY _ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 3701 SOUTH CEDAR DRIVE (LOTS 19 & 20, BLOCK 4. RED CEDAR POINT LAKE MINNEWASHTA). APPLICANT/OWNER• DAN & SUSAN FAGAN Generous: You caught me off guard but, Chairman Aller, fellow commissioners. As you stated Planning Case 2015-07 is a request for a variance from the City's code requirements. The Planning Commission sits as the Board of Appeals and Adjustments to determine whether a variance should be approved, denied or forwarded to City Council for ultimate action. In this case the Fagan's, Daniel and Susan who's house is located at 3701 South Cedar Drive. It's on the peninsula on Lake Minnewashta. South facing property. Existing single family home on the lot. It was built in 1986. That's part of the, probably the issue that they have on their property. The house was built in ' 86. The City didn't adopt the shoreland protection ordinance to sometime in'86 so they were, came in before the ordinances were in place. The shoreland protection ordinance requires a 75 foot setback from the lake. The existing house or portions of the house and the deck on the lake side of the house are closer to the lake than 75 feet and it's closest approach to the lake is 60 feet. The applicant's proposed request is to expand a part of their deck, or to enclose a part, a 12 by 13 section of deck and make it part of the interior of the house. Additionally they will be expanding this area of the house to add a second floor. That level will cantilever slightly over the deck area but it will be way behind the face of this expansion area that they're looking for the interior of the house. However by definition, even though there's a structure here, enclosing this area is an expansion of a non -conformity and to do that they need to receive a variance. This case has been problematic for staff. We can actually go, see both for, pro and con on this development but for consistency sake staff has been going forward and recommending denial of any variance request unless there is truly something very unique about the property or some other alternative that cannot be done. What the applicant is requesting is convert a portion of their deck into living space. This living space would be a 12 SCANNED Chanhassen Planning CoWssion — April 7, 2015 • by 13 enclosure of that portion of the deck that's there so where the face of this new wall would be is the edge of the existing deck. They wouldn't, they're not proposing to get any closer to the lake but the volume of area that's non -conforming would be increased because we're enclosing that area. However as the property is also non -conforming because they exceed the hard cover on their property there at approximately 27.7 percent. As measured to mitigate any proposed variance approval they are saying as part of this project they'd be willing to remove hard surface from the site and bring it into compliance with the ordinance so there is a benefit for the City to reduce the hard surface on this property. The encroachment into the required shoreland setback would not be any greater than it is now so, and additionally there's, the existing garage encroaches 5 feet towards the road right-of-way. However their expansion they're proposing on that side of the house would comply with ordinance so. And this is just a schematic to show the red areas are proposed expansion of the indoor space. The green areas are hard surface areas that would be, they're proposing to remove as part of their development project on the site and what's hard to see but this is approximately the cantilever area of the second floor expansion. This red area would be over the existing deck so again it doesn't get any closer to the lake but because it is an expansion of interior area it is, requires a variance to go forward. Here's just a schematic showing where the hard surface coverages would come off of the property. And then we did look at whether there are any other non -conformities or variances in the neighborhood to see if this variance application would be consistent with what's going on out there. There are five variances in the neighborhood all relating to setback requirements from the lake. Two of them are, have actually greater setback than the applicant's proposing. One of them is the same setback that the applicant is proposing and two of them are less than the applicant is proposing in this so really granting of the variance would tend to be in harmony with the characteristics of this immediate neighborhood. However as part of the shoreland management it's not only stormwater that we look at but aesthetic considerations and so when people are on the lake looking towards the houses we don't want those to encroach too far into that aesthetic situation and so that's one of the concerns. However again we're looking at their expansion would be only to the point of the existing railing of the deck that they have in place so while it's a bigger wall it's not going to be any closer to the lake. Again staff is recommending denial of the variance application. However we did provide an opportunity should the Planning Commission as the Board of Appeals and Adjustments believe that approval of the variance is appropriate, that there are conditions that would be provided for that and there's additional Findings of Fact. With that I'd be happy to answer any questions. Aller: Anyone have questions at this time? Weick: I would have one point of clarification. Aller: Mr. Weick. Weick: There's expansion in the front and the back. Are they both requiring the variance or is it only the back? Generous: It's only the lake side that requires a variance because this porch, this expansion over the existing porch by the road would meet the setback requirements. It's just this small area of the enclosing of the deck that needs a variance. 2 Chanhassen Planning Cooki-ssion — April 7, 2015 • Weick: But the garage. Generous: Is a non -conforming. Weick: It is non -conforming. Generous: They're not changing anything on that so they can maintain what's there. Weick: Okay. Aller: And as a non -conforming use should they, should it be struck by lightning they can replace that in the existing condition. Generous: That's correct. It's just non -conformities, any expansion would have to comply with the ordinance so it would have to be set back 5 feet. So if they wanted to put a second story on that side it would have to be 30 feet back or receive a variance. Aller: Are measurements for purposes of the hard cover surfaces also including the eaves? Generous: No they don't because they're less than 2 '/: feet so they're exempted from our calculation. We usually go to the foundation or the wall. Aller: Any additional questions of staff at this time? Madsen: If they expanded another part of the home would there be, would that cause other non - conformities? Too close to other, to the property line. Is there any other way they could expand it another way? Generous: Commissioner Madsen, theoretically they could go to either the west or the east. The side yard setbacks are 10 feet but from internal configuration on the property or on the structure I'm not sure that works for them. This would be the most logical place to expand if they go over to the, but here again you already have an existing projection out here. Their expansion is to continue that line for another 13 feet and then bring it back to the existing house. Aller: And then the package includes the correspondence of one neighbor. Was there any other response? Generous: We had people call but once they heard what was going on, since we weren't putting in apartments or anything they didn't have any issues. Aller: Okay. Any additional questions at this time? Hearing none, happy to hear from the applicant at this time. If they'd like to step forward and give a presentation. If you could state your name and address for the record please. 3 Chanhassen Planning Coassion — April 7, 2015 • Dan Fagan: Hi, my name is Dan Fagan. We have two homes right now so we live in Chanhassen. 7184 Fawn Hill Road but we also purchased this home, 3701 South Cedar Road in Chanhassen. It says Excelsior. It's one of those goofy mailing things so that's our address yeah. Aller: So tell us about your project. Dan Fagan: You know the project is, my wife and I, you know we love this community. We've been here since 1997. Started out in the Lake Susan Hills area. Love the city. Our boys all born here so our dream was a lake home but we love the community so much we didn't want to get out of Chanhassen so we have been working for a number of years to try and find a property. We did, had another property that we were trying to do but based on different items it didn't come through and so this property became available and our goal is not to build a huge house. It's really to just get on the lake. However having 3 teenage boys and things we are limited. It's about a 2,000 square foot house as it is. We're coming from a 4,300 square foot house, which is more than we need so the idea is to try to build something that maintains the integrity of what was originally intended there. Not to put a larger home but to work within, with what we had and obviously maintain or try to work within what the City had. We've been working with a remodeler to try to design a home because we've obviously looked at a complete tear down which we would really desire not to do. We'd like to just try to make it fit into the community and into where it is. We know many of the neighbors that are there existing, especially and Tom and Jackie Johnson live right next door and then the other neighbor which I did get an email. I apologize, I would forward it but he was in favor of it. The neighbor to the north just about the process and any variance and guidance on things that thought would be helpful. We met with Bob several times and he made it clear that it was a variance and that he would deny it but just said you know if it's a reasonable request that the City would consider it and so we wanted to do everything possible, including taking away part of the driveway to meet hardscape requirements and obviously I'm of the opinion that it appears reasonable because the deck was already there. We weren't aware, we're not actually building the foundation underneath it out. All it is is literally just kind of enclosing and if you look at the other house, a smaller cabin there in front so their vision of it won't be impacted. Their lake views and the Johnson's again because the three season porch is already there, this is going to be inside of that so we try to do everything we could and we're here tonight to request or ask if you would bless this opportunity. Aller: Great, thanks. Questions from anyone? Undestad: I would say thanks for not leaving town. Dan Fagan: Well you know it's interesting. The schools was a big thing. So we, it's Minnetonka schools but we're in this. Undestad: But also it looks like you're giving it a complete makeover on it too. Dan Fagan: Yeah. No, complete makeover on it too. Undestad: So on the house so. 4 Chanhassen Planning COWssion — April 7, 2015 Dan Fagan: Yeah. We want to be here a long time so that's the plan Aller: Thank you very much. Dan Fagan: Thank you. Allen: At this point in time we'll open up the public hearing portion for this matter. Anyone wishing to come forward and speak for or against this item can do so at this time. Seeing no one come forward I will close the public hearing portion of the item and open it for discussion amongst commissioners. Comment. Discussion. Undestad: Yeah just looking at staff's comment about it was a, could go either way on that. You know I think looking at it, with the reduction of hard surface and things. The aesthetics. They're redoing the entire outside so I think from people on the lake it's going to look nicer. And net effect is really we're coming up with less hard surface so I'd be for it. Aller: Any additional comments? Weick: I concur. Tietz: I would too. I think the renovation looks to be in keeping with the scale of the neighborhood, which is nice to see and also I think the treatment that you used in the elevations and the way you're remodeling the interior looks to be a much more functional home and for your 3 boys. We have 3 boys too. They're a lot older than your's but I know those years when they were active but I think it looks like a, it's compatible with the neighborhood which is really important and I think recognizing the setbacks and doing what you could within the confines is to be you know it's good. Aller: Great. Well I'm inclined to adopt the Findings of Fact for approval. I think it's great that our citizens continue to come forward and ask for the blessing so to speak and following the code and requesting variances so that we can do the building and we can grow as a community in the proper fashion. Looking at the property I love the fact that we're actually reducing the hard cover surfaces back to something which would be appropriate and it looks as though they were stuck with a piece of property that was non -conforming originally. It doesn't expand the, other than the technical legal expansion but in a real world sense for our purposes I think it doesn't expand it so that it's an unreasonable use of the property or an unreasonable request. For that purpose, for those stated reasons I would support it as well. Any further discussion? If not I'll entertain a motion. Undestad: I'll make a motion. That the Chanhassen Board of Appeals and Adjustments approves a 15 foot setback variance from the 75 foot shoreline setback to expand a 13 foot by 12 foot section of the existing deck subject to the following conditions. Number 1, the applicant shall reduce the hard surface coverage of the property to not exceed 25 percent. Number 2, the building expansion does not encroach farther than 15 feet into the 75 foot shoreline setback. And number 3, the applicant must apply for and receive a building permit from the City. 5 Chanhassen Planning Colossion — April 7, 2015 • Aller: I have a motion. Do I have a second? Weick: Second. Alley: Having a motion by Commissioner Undestad and a second by Commissioner Weick, I would offer any finther discussion. Undestad moved, Weick seconded that the Planning Commission acting as the Chanhassen Board of Appeals and Adjustments approves a 15 foot setback variance from the 75 foot shoreline setback to expand a 13 foot by 12 foot section of the existing deck subject to the following conditions: The applicant shall reduce the hard surface coverage of the property to not exceed 25 percent. 2. The building expansion does not encroach farther than 15 feet into the 75 foot shoreline setback. The applicant must apply for and receive a building permit from the City. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: REDSTONE RIDGE, PLANNING CASE 2015-08: REOUEST FOR SUBDIVISION WITH VARIANCES OF 2.74 ACRES INTO FOUR LOTS ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 6341 AND 6400 TETON LANE-REDSTONE RIDGE. APPLICANT/OWNER: CMUS MAY/CITY OF CHANHASSEN. Aanenson: Thank you Chairman, members of the Planning Commission. This is an application from Chris May. Again this is scheduled to go to the City Council. The application is for a subdivision. This is located on lots 6341 and 6400 Teton Lane. Approximately 2.74 acres are included in this 4 lot. The property is zoned Residential Single Family and the site contains 2 existing single family homes which will remain. Access is gained to the site via Bretton Way and Teton Lane and again there's 2 existing homes. Ultimately 2 other homes will be created. So this looks a little catty whompis here but there's a couple of different things going on. There's an excess right-of-way that's on this northern piece right here that needs to be attached. It's actually part of a street right-of-way and that will be public hearing for vacation of right-of- way will be held at the City Council meeting and that will be attached. That's what this red arrow is to show you that it will be attached to this lot and then there's another portion of this lot here that is owned by this property so the assemblence of those two, with these existing homes is what makes up the requirement for the subdivision. So as I just mentioned this is the right-of- way vacation. Again this item will go to the City Council but we wanted to show you that it is included in the actual application for the subdivision. So as we always do when we do a subdivision, before we look at any variances because this application does have a variance for a flag lot, is to look at what would the implications of doing a public street and looking at how that R 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) lief:1A Application of Daniel P. and Susan Fagan for a variance to expand the indoor living space to the deck that encroaches into the shoreline setback on property zoned Single -Family Residential District (RSF) — Planning Case 2015-07. On April 7, 2015, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 19, Block 4, Red Cedar Point Lk Minnewashta 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The subject site is zoned Single -Family Residential District. The purpose of the request is to expand the indoor living space to the deck that encroaches into the shoreline setback. The construction and use of the expanded living space area is a normal use of the property in a residential district. The applicant's proposal does not further encroach into the shoreline setback and the applicant has proposed a reduction in hard surface coverage on the site that will bring the property into compliance with City Code, bringing the property more in accordance with the general purposes and intent of the RSF district than it currently stands. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. SCANNED 1 Finding: The applicant's request to expand their indoor living space is reasonable. The applicant has no other alternatives for indoor expansion on the lake side of their property. Due to the location of their living room, indoor living expansion over the deck is the only option without expanding hard surface coverage. The existing structure encroaches into the 75-foot shoreline setback, but expanding the porch living space will not cause the structure to encroach further into this required shoreline setback. a That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variation is not based upon economic considerations alone. The stated intent is to increase the indoor living area of the existing home. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The existing structure was approved by the City the same year that the City of Chanhassen shoreland chapter was first adopted, as authorized by Minnesota Statute Chapter 103F and Minnesota Rules, Parts 6120.2500 through 612.3900. The applicant purchased the property in 2014 and thus did not create the nonconformity on the property. e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will not alter the essential character of the locality. Multiple structures in the area encroach on the 75-foot shoreland setback requirement. Many of the lots in the neighborhood have shoreline setbacks that do not meet the minimum requirements because the original homes/cabins were constructed in the early to mid- 1900s, several decades before the district standards were adopted (1986). There are also properties in this area that have constructed homes within the shoreline setback after the district standards were adopted. The City has granted five shoreline setback variances within 500 feet of the subject property that range from 4 feet to 31 feet, or shoreline setbacks of 71 feet to 44 feet. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2015-07, dated April 7, 2015, prepared by Drew Ingvalson, et al, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves a 15-foot setback variance from the 75-foot shoreline setback to expand a 13-foot by 12-foot section of the existing deck subject to the following conditions: 1. The applicant shall reduce the hard surface coverage of the property to not exceed 25 percent. 2. The building expansion does not further encroach further than 15 feet into the 75-foot shoreline setback. 3. The applicant must apply for and receive a building permit from the City." ADOPTED by the Chanhassen Planning Commission this r day of April, 2015. CITY OF CHANHASSEN Chairman CITY OF CHANHASSEN PROPOSED MOTION: PC D f E: April 7, 2015 L_ =) CC DATE: April 27, 2015 (if necessary) REVIEW DEADLINE: May 5, 2015 CASE #: 2015-07 BY: AF, RG, DI, TJ, ML, JM, JS "The Chanhassen Board of Appeals and Adjustments denies the variance request to expand the indoor living space to enclose a portion of the deck that encroaches into the shoreline setback, and adopts the attached Findings of Fact and Decision." (Note: a motion for approval and appropriate findings of fact are also included at the end of the report.) SUMMARY OF REQUEST: The property owner is requesting a variance to allow them to expand their home by converting a portion of their deck into indoor living space. The existing deck and living space are an existing legal non -conformity because they encroach on the required shoreline setback. LOCATION: 3701 South Cedar Drive (PID 25-6600390) APPLICANT: Daniel P. and Susan Fagan 3701 South Cedar Drive Excelsior, MN 55331-9688 PRESENT ZONING: Single Family Residential (RSF). 2020 LAND USE PLAN: Residential Low Density (Net density 1.2 — 4.0 units per acre) ACREAGE: 0.27 acres (11,761.2 square feet) DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. Planning Commission • • 3701 South Cedar Drive Variance — Planning Case 2015-07 April 7, 2015 Page 2 of 7 PROPOSAL/SUMMARY The property owner is requesting a variance to convert a portion of a rear yard deck into indoor living space. The proposed project is not allowed per City Code and requires a variance from the City; however, the applicant's request to expand their indoor living space is a reasonable use of the property and structure. Expanding the porch living space will not cause the structure to encroach further into the required 75-foot shoreline setback. Several structures in the area have shoreline setbacks that are less than the subject property, which were constructed prior to the implementation of the shoreland management regulations. Furthermore, multiple properties in this area have been granted variances to encroach farther into the shoreline setback than the existing structure on the applicant's property. In addition, the applicant is proposing a reduction in hard surface coverage on the site by removing the patio pavers located beneath the remaining deck and removing a portion of the bituminous driveway, which will bring the site into compliance with the code. APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and definitions Chapter 20, Article II, Division 3, Variances Chapter 20, Article IV, Division 4, Nonconforming Use Section 20-72, Nonconforming uses and structures Chapter 20, Article VH, Shoreland management district Section 20-480, Zoning and water supply/sanitary provisions Section 20-481, Placement, design, and height of structure. Chapter 20, Article XIL "RSF" Single-family residential district Section 20-615. Lot requirements and setbacks. BACKGROUND On May 15, 1986, the City of Chanhassen approved a permit for construction of a single family home with an attached garage, a three -season porch and a deck. The nearest point on the structure, the deck, was constructed 60 feet from the shoreline. During that same year the proposed home was constructed, 1986, Chanhassen's shoreland chapter was first adopted, as authorized by Minnesota Statute Chapter 103F and Minnesota Rules, Parts 6120.2500 through 612.3900. The shoreland chapter of City Code regulates properties located near the shoreline. The Single -Family Residential District of City Code states, "the maximum lot coverage for all structures and paved surfaces is 25 percent." The Shoreland Management District of City Code requires sewered structures on recreational development public waters to be set back 75 feet from the ordinary high water level. The subject site currently exceeds the 25% hard surface coverage maximum and encroaches on the required 75-foot setback from the ordinary high water level. Planning Commission • • 3701 South Cedar Drive Variance — Planning Case 2015-07 April 7, 2015 Page 3 of 7 The applicant intends to reduce the hard surface coverage below the required 25% maximum and does not plan to encroach further into the 75-foot shoreland setback; however, the nonconforming uses and structures section of City Code, Section 20-72 (d), states, "if a setback of dwelling is nonconfomung, no addition may be added to the nonconforming side of the building unless the addition meets setback requirements." On May 12, 2014, the City of Chanhassen amended City Code by adding a definition for expansion, Section 1-2, which states: "expansion means an increase in the floor area or volume of an existing building (including deck additions), increase in the building occupancy, capacity or parking demand or increase in the degree or intensity of the nonconforming condition of the building, land area, site or use. (20)" Enclosing the deck area is, by definition, an expansion of the building. ANALYSIS The applicant is proposing to convert a 13-foot by 12-foot portion of their deck into an indoor living space. The plan proposes to create a great room out of this indoor space expansion. At its nearest point, the deck is 60 feet from the shoreline, encroaching 15 feet into the required 75-foot shoreline setback. However, this expansion will maintain the existing footprint of the deck (with a roof overhang of approximately one foot) and will not encroach further into required 75-foot shoreland setback. Currently, there are patio pavers located beneath the porch and deck (see Image 1 below). Also, the existing porch and deck extend the same distance out from the primary structure (with an approximate roof overhang of one foot over the porch), but the deck is located 60 feet from the shoreline and the porch is located 62 feet from the shoreline. 1: Existing Rear Porch and Deck As a part of the proposal, the applicant will reduce the hard surface coverage of the property to meet City Code standards. This will be completed by removing a portion of the patio pavers located beneath the deck and removing a portion of the bituminous driveway (see Images 2 and 3). These hard surface coverage reductions will decrease the property's existing hard surface coverage (27.4 percent) to a Planning Commission • • 3701 South Cedar Drive Variance — Planning Case 2015-07 April 7, 2015 Page 4 of 7 conforming level (24.8 percent) The Single Family Residential District allows 25% hard surface coverage. Image 2: Existing Driveway (right side of driveway to be removed as part of the approved variance) Image 3: Proposed Property Alterations SOUTH CEDAR DRIVE/0 Pcop� 561°23'34'W ( W.50 MEAS_ (,0.0 PLAT)_-.- r4 i �-r1 °•'� -w� �2 I :�-. � • ;� s e Hard surfaces being removed : �� t a E ' •- . �-> Front and Rear Porch Expansions O m _ - ! - � f Vj' —� Existing Front and Rear Porch ,? Lot 19 C LAKE MINNE ^ ON` A EGp of Iw Ioca1N l Planning Commission • • 3701 South Cedar Drive Variance — Planning Case 2015-07 April 7, 2015 Page 5 of 7 Pursuant to Chanhassen City Code, Section 20-72 (d), "if a setback of dwelling is nonconforming, no addition may be added to the nonconforming side of the building unless the addition meets setback requirements." Even though the proposed expansion will not encroach further into the 75-foot shoreline setback, the addition proposed by the applicant is considered an expansion on the legal nonconforming setback. An increase in building capacity, or increasing the living area of a building is considered an expansion, which is not allowed unless it meets the setback requirements. Variances Granted within 500 Feet of the Property Many of the lots in the neighborhood have shoreline setbacks that do not meet the minimum requirements because the original homes/cabins were constructed in the early to mid- 1900s, several decades before the district standards were adopted (1986). The closest structure is within 45 feet of the shoreline. There are also properties in this area that have constructed homes within the shoreline setback after 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 15 variances that were granted within 500 feet of the subject property, 5 of which were for shoreline setbacks (see Attachment 7). Approved shoreline setback variances ranged from 4 feet to 31 feet, or shoreline setbacks of 71 feet to 44 feet. The map below displays shoreline properties (subject site in yellow, other sites in red) that do not meet the 75-foot shoreline setback. Image 4: Properties within 500 feet of the Subject Property that Encroach on the 75- foot Shoreline Setback L RR Rp I \ J -. �j 7/ Planning Commission • • 3701 South Cedar Drive Variance — Planning Case 2015-07 April 7, 2015 Page 6 of 7 SHORELAND MANAGEMENT Given the changes being proposed for the lot, there should likely be no increase in surface water runoff rates or volumes. It must be noted, however, that the prevention of pollution of surface waters is only one of the reasons for the enactment of shoreland management rules. Minnesota Rules Chapter 6120.3300, Subpart 1. defines the purpose as: "to manage the effects of shoreland and water surface crowding, to prevent pollution of surface and ground waters of the state, to provide ample space on lots for sewage treatment systems, to minimize flood damages, to maintain property values, to maintain historic values of significant historic sites, and to maintain natural characteristics of shorelands and adjacent water areas, shoreland controls must regulate lot sizes, placement of structures, and alterations of shoreland areas." While the applicant has clearly demonstrated a sensitivity in their design to the unique nature of shoreland areas and has made an effort to reduce the net impact on surface water runoff, it is still an intensification of the use within the shoreland setback area. This is not entirely consistent with the purpose of the shoreland management rules. The property owner is requesting to expand an existing indoor living area (porch) that encroaches into the 75-foot shoreline setback. The expansion will not encroach further into the shoreline setback than the existing deck edge, but the roof overhang will extend approximately one foot farther than the existing deck edge. However, no portion of the new structure will extend beyond the current 60-foot shoreline setback of the deck. The current impervious surface coverage on the property exceeds the 25 percent maximum for shoreland properties. The proposed project will reduce hard surface coverage from 27.4 percent to 24.8 percent, putting the property into compliance with the hard cover maximum for shoreland properties. There are several properties within 500 feet of the subject site that encroach the 75-foot shoreline setback. Several of these properties, including the subject property, were built prior to the City adopting the shoreland management section of City Code. It is unlikely that there will be any additional drainage runoff or pollution due to the approval of the indoor living space expansion; however, there are multiple other reasons for the enactment of the shoreland management rules. Since the proposed variance is not entirely consistent with the purposes of the shoreland management rules, the Engineering Department recommends denial of the expansion variance. The existing deck and porch have established a setback on the property. It is reasonable to allow for the enclosure of this area. Planning Commission • • 3701 South Cedar Drive Variance — Planning Case 2015-07 April 7, 2015 Page 7 of 7 RECOMMENDATION Staff recommends that the Planning Commission deny the variance request to expand an indoor living space that encroaches into the shoreline setback and adopt the attached Findings of Fact and Decision. Should the Planning Commission approve the variance request to expand indoor living space that encroaches into the shoreline setback, but maintains the existing setbacks, it is recommended that the Planning Commission adopt the following motion and attached Findings of Fact and Decision: "The Chanhassen Board of Appeals and Adjustments approves a 15-foot setback variance from the 75-foot shoreline setback to expand a 13-foot by 12-foot section of the existing deck subject to the following conditions: 1. The applicant shall reduce the hard surface coverage of the property to not exceed 25 percent. 2. The building expansion does not encroach farther than 15 feet into the 75-foot shoreline setback. 3. The applicant must apply for and receive a building permit from the City." ATTACHMENTS 1. Findings of Fact and Decision Denial. 2. Findings of Fact and Decision Approval. 3. Development Review Application. 4. Registered Land Survey. 5. Architectural Plans. 6. Affidavit of Mailing of Public Hearing Notice. 7. Variances within 500 feet. 8. Email from Tom Johnson to Bob Generous dated March 28, 2015 gAplan\2015 planning cases\2015-07 3701 south cedar drive varlance\staff report 3701 south cedar drive.dOC CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) It►g:1 tF Application of Daniel P. and Susan Fagan for a variance to expand the indoor living space to the deck that encroaches into the shoreline setback on property zoned Single -Family Residential District (RSF) — Planning Case 2015-07. On April 7, 2015, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF) 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 19, Block 4, Red Cedar Point Lk Minnewashta 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The subject site is zoned Single -Family Residential District. The purpose of the request is to expand the indoor living space to the deck that encroaches into the shoreline setback. While multiple properties in this area encroach into the shoreland setback, including this property, permitting additional encroachment through building expansion into the shoreland setback is unnecessary for the functional use of the property. The property currently has a functioning rear porch and does not require additional indoor space at the expense of increasing the nonconformity. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: Requesting an expansion to an existing porch is not a practical difficulty in meeting the City Code. The property already encroaches on the shoreline setback and any structure expansion on the lake side would violate ordinance. There is additional space for expansion to the north, east and west that would comply with the setback requirements. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variation is not based upon economic considerations alone. The stated intent is to increase the indoor living area of the existing home. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The existing structure was approved by the City the same year that the City of Chanhassen shoreland chapter was first adopted, as authorized by Minnesota Statute Chapter 103F and Minnesota Rules, Parts 6120.2500 through 612.3900. The property currently has legal non -conforming status. The existing use of the property is reasonable. Any expansion within the 75-foot shoreline setback would increase the non -conformity and would be created by the property owner, not due to the circumstances unique to the property. e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will not alter the essential character of the locality. Multiple structures in the area encroach on the 75-foot shoreland setback requirement. Many of the lots in the neighborhood have shoreline setbacks that do not meet the minimum requirements because the original homes/cabins were constructed in the early to mid-1900s, several decades before the district standards were adopted (1986). f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2015-07, dated April 7, 2015, prepared by Drew Ingvalson, et al, is incorporated herein. 2 "The Chanhassen Board of Appeals and Adjustments denies the variance request to expand the indoor living space to the deck that encroaches into the shoreline setback." ADOPTED by the Chanhassen Planning Commission this 7 h day of April, 2015. 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Daniel P. and Susan Fagan for a variance to expand the indoor living space to the deck that encroaches into the shoreline setback on property zoned Single -Family Residential District (RSF) — Planning Case 2015-07. On April 7, 2015, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 19, Block 4, Red Cedar Point Lk Minnewashta 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The subject site is zoned Single -Family Residential District. The purpose of the request is to expand the indoor living space to the deck that encroaches into the shoreline setback. The construction and use of the expanded living space area is a normal use of the property in a residential district. The applicant's proposal does not further encroach into the shoreline setback and the applicant has proposed a reduction in hard surface coverage on the site that will bring the property into compliance with City Code, bringing the property more in accordance with the general purposes and intent of the RSF district than it currently stands. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The applicant's request to expand their indoor living space is reasonable. The applicant has no other alternatives for indoor expansion on the lake side of their property. Due to the location of their living room, indoor living expansion over the deck is the only option without expanding hard surface coverage. The existing structure encroaches into the 75-foot shoreline setback, but expanding the porch living space will not cause the structure to encroach further into this required shoreline setback. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variation is not based upon economic considerations alone. The stated intent is to increase the indoor living area of the existing home. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The existing structure was approved by the City the same year that the City of Chanhassen shoreland chapter was first adopted, as authorized by Minnesota Statute Chapter 103F and Minnesota Rules, Parts 6120.2500 through 612.3900. The applicant purchased the property in 2014 and thus did not create the nonconformity on the property e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will not alter the essential character of the locality. Multiple structures in the area encroach on the 75-foot shoreland setback requirement. Many of the lots in the neighborhood have shoreline setbacks that do not meet the minimum requirements because the original homes/cabins were constructed in the early to mid-1900s, several decades before the district standards were adopted (1986). There are also properties in this area that have constructed homes within the shoreline setback after the district standards were adopted. The City has granted five shoreline setback variances within 500 feet of the subject property that range from 4 feet to 31 feet, or shoreline setbacks of 71 feet to 44 feet. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2015-07, dated April 7, 2015, prepared by Drew Ingvalson, et al, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves a 15-foot setback variance from the 75-foot shoreline setback to expand a 13-foot by 12-foot section of the existing deck subject to the following conditions: 1. The applicant shall reduce the hard surface coverage of the property to not exceed 25 percent. 2. The building expansion does not further encroach further than 15 feet into the 75-foot shoreline setback. 3. The applicant must apply for and receive a building permit from the City." ADOPTED by the Chanhassen Planning Commission this 7s' day of April, 2015. CITY OF CHANHASSEN M Chairman • CITY 01 COMMUNITY DEVELOPMENT DEPARTMENT FEB 13 201 CITY OF CIIAN MSEN Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN Phone: (952) 227-1300 / Fax: (952) 227-1110 a45317APuW APPLICATION FOR DEVELOPMENT REVIEW r7 Date Filed: 2-13�201 S 60-Day Review Deadline: r — 14 —) `'o Planner: Bb%> Case # A Ut 5 _C 1 ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers..... $100 ❑ Conditional Use Permit ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others.........................................................$500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review ❑ Administrative..................................................$100 ❑ Commercial/Industrial Districts*......................$500 Plus $10 per 1,000 square feet of building area *Include number of existing employees: and number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit ❑ Subdivision ❑ Create 3 lots or less........................................$300 ❑ Create over 3 lots.......................$600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat*........................................................$260 *Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way................... $300 (Additional recording fees may apply) Variance............................................................ C$200 ❑ Wetland Alteration Permit ❑ Single -Family Residence ............................... ❑ All Others ....................................................... $150 $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) AD}jFIONAL REQUIRED FEES: - (vK 6sS q [%Notification Sign...............................................J $200 TOTAL FEES: $ Ssa D (�(City to install and remove) 34 � e ! � � �� � operty Owners' List within 500......... $3 per ° a Received from: � J ve(City to generate —fee determined at pr tion meeting) scrow for Recording Documents.. 50 r document Date Received: 'Lf'w1S Check Number: (o� (CUP/SPRNACNARNVAP/Metes & Bounds Subdivision) Section 2: Required Information Project Name: I JG(� v� fell Property Address or Location' �J ( s L'�L(4 1)ftw 2rl�{Zfr[/i Parcel #: a'i7 - tt(o 00 '�Cf 0 Legal Description: / 64 Ig1 -74g h1 dGk 4- i M bda( 0"t b.;i Ic;t a-7 Wetlands Present? 0 1 in r eL//d [ h + a. Total Acreage: ,,//�� � Yes [�'No t� ks�rt,�y,rg Present Zoning: A6 I"` Requested Zoning: 5 a rY�-IF- Present Land Use Designation: �4�k �i'�y oie, Requested Land Use Designation: 42 rA Z Existing Use of Property: S 'P 0 4 (211 Description of Proposal: rA t fo(),hC_ C; 7it 04- Check box if separate narrative 71 is attached SCANNED Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself Informed of the deadlines for submission of material and the progress of this application. I further understand that addifional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name Address: City/State0p: Email: Signature: _ Contact: Phone: Cell: Fax: Date: PROPERTY OWNER: In signing this application, 1, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. mot._. .r City/State/Zip: Email: Signature: CoQm Contact: b Phone: )130 7 - 2-3 S!:, Cell: Fax: cgSs Sob - 6GS'o Date: 7-141-t -6L' This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/state/zip: Cell: Email: Fax: Section 4: Notification Who should receive copies of staff reports? Information 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ OtheP Via: ❑ Email ❑ Mailed Paper Copy Email: SCANNED CITY OFFCH HAASSEN Dan and Susan Fagan — Remodel of 3701 S. Cedar, Chanhassen, MN FEB 13 2015 CHANHASSEN PLANNING DEPi (5) We are requesting a variance to this property that is currently non -conforming, to simply enclose a portion of the EXISTING deck. We are NOT building out any further, just building a structure WITH NO FOUNDATION, posts only, to a portion of the deck that exists today. We are not requesting to improve the home any closer to the Lake than it currently sits, nor disturb any land with a new foundation closer to the lake. Rather, we would like to improve our home so that the 3-season porch and a portion of the existing deck are incorporated into the home in a manner that currently exists. This is to be accomplished by enclosing a portion of the deck, not extending the basement foundation. My wife and I have lived in the City of Chanhassen for 18 years since 1997. We have 3 boys (16, 14 and 11) that were all born while living here. We are active members of the community and have volunteered our time in many ways. We love this community, and our dream is to build our final home on Lake Minnewashta in a manner that will improve the community. We have worked diligently with our builder and the city to comply with all ordinances and are in fact proposing to reduce our existing hard surface variance so that we will go from non -conforming to conforming resulting in a total hard surface coverage at less than 25%. There are several other reasons we believe this variance will comply with the intent of the Code of Ordinances. (6) (a) We believe the variances support and are in harmony with the general purposes and intent of the City's Comprehensive Plan. (1) We believe we are not intruding upon incompatible uses. The existing porch and deck are already within the 75 foot setback requirement — we are only proposing to improve the home within what is already existing. Please note, our direct neighbor to the SW is well within the existing 75 foot setback and will not impair their views or use; our other direct neighbor to the NE already has the existing 3 season in their view, and the improvement of the home over the deck is next to the 3 season porch already there — therefore not impairing their view or use. (2) Our goal with this improvement is to comply with the prevention of overcrowding of land. We have spent careful time and consideration to remodel this home within the existing footprint that is currently in use, and in fact reduce the hard surface +CANNFr coverage. We have proposed the remodel in a way that now complies with the hard surface requirement, and hope that the City sees that we are doing everything possible to complete a remodel that meets all of the city's goals and requirements and have proposed in a manner that reduces overcrowding of land. (3) We believe the proposed variance allowing us to proceed with this remodel request will enhance the city's tax base given the proposed expansion from roughly 2,000 square feet to roughly 3,100 square feet. (4) By remodeling our home, we will be upgrading to all of the most current products and materials that protect against fire, smoke, explosion, noxious fumes, offense noise, vibration, dust, odors, heat, glare and other hazards. (5) By remodeling and improving our home, we will be preserving and enhancing the natural beauty (through new, complementary materials of wood and stone on the exterior) of this city and seek to achieve excellence in the originality of the design. (6) We will utilize public services through the entire remodel process. (7) This remodel will secure equity among all constituents (the City, neighborhood and direct neighbors) in the proposed use of this property. (b) The existing practical difficulty is that a variance already exists within the 75-foot setback requirement. Given the existing variance already has a 3-season porch, we believe the request to incorporate this a portion of the porch and deck into the home is being proposed in a reasonable manner. (c) This variance request is not based on economic considerations alone. (d) The variance is due to circumstances unique to the property that were not created by Dan and Susan Fagan, the current landowners. The current home does not comply with the 75-foot setback. (e) The variance requested will not alter the essential character of the locality, at least not in a negative way. 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' is 4 lit ..1• gg e �, �_ 1 a ar I s w ilE=Eiaa aPOA,t2 w12 i— LL g W09 § § --- �• , � lit! §|tEli " ��/�•k)� � 4 A 91 mo �\ n $&§ q_5GONYFAHOMES FARREMODEL j|G Q N Y{ A 3GDARER ems¥ E Pon CEDAR D apt• p 08 t ig �a �� 3 o 0 tv ❑ WI: Till 6 8 K T m y0 0 w �v Q 2015 GONYEA HOMES g FAGAN REMODEL uua G O N Y E A FOM a3701 RED CEDAR POINT RD o HOMES &REMODELING 0 � � EXCELSIOR• MN 55331 xv W eMN+wv 4. at Fwl OFFICE: 861diPB9]I . FM' B51-Z1B-+OSY P 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 March 26, 2015, 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 the 3701 South Cedar Drive Variance Request — Planning Case 2015-07 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 thisa day of NlarG%1 .2015. Notary Pu is KIM T. MEUWISS a Notary PublVc•Minnesola my ConyriMbn Expo JN 31, 2mo Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, April 7, 2015 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for variances to permit enclosure of existing deck on property zoned Single Family Residential RSF A licant: Dan and Susan Fagan Property 3701 South Cedar Drive Location: (Lots 19 & 20, Block 4, Red Cedar Point Lake Minnewashta) A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the project web page at www.ci.chanhassen.mn.us/2015-07. If you wish to talk to Questions & someone about this project, please contact Bob Generous by Comments: email at bgenerousna.ci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online the Thursday prior to the Planning Commission meeting at www.ci.chanhassen.mn.us/ocagendas. NEWT Sign up at www.ci.chanhassen.mn.us/notifvme to receive email and/or text notifications when Planning Commission Agendas, Packets, Videos and Minutes are published on the cit 's website. CRy 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 wrifing. Any interested party is invited to stand the meeting. • Staff prepares a report on the subject application that inclutles 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 heading process. The Commission will dose the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly on pertly the Planning Commission's recommendation. Rezonings, land use and code amendments lake a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialMdusMel. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless Me applicant waives this standard. Some applications due to their complexity may lake 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 Coundl meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for Me city. Often developers are encouraged to meal 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. 9 you wish to have something to be included In the report, (ease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, April 7, 2015 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers 7700 Market Blvd. Proposal: Request for variances to permit enclosure of existing deck on property zoned Single Family Residential RSF Applicant: Dan and Susan Fagan Property 3701 South Cedar Drive Location: (Lots 19 & 20, Block 4, Red Cedar Point Lake Minnewashta) 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 What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2015-07. If you wish to talk to Questions & someone about this project, please contact Bob Generous by Comments: email at bgenerous a(')ci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online the Thursday prior to the Planning Commission meeting at www.ci.chanhassen.mn.us/ocagendas. NEWT Sign up at www.ci.chanhassen.mn.us/notifvme to receive email and/odw notifications when Planning Commission Agendas, Packets, Videos and Min are published on the cit 's website. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditions] and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In wrifing. 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 heeding process. The Commission will close the public hearing and discuss the item and make a recommendation to Me City Council. The City Council may reverse, affirm or modify wholly a partly the Planning Commission's recommendation. Rezonings, land use and coda amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/ndushial. • 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. My person wishing to follow an item through the process should check with Me Manning Department regarding its status and scheduling for Me City Council meeting. • A neighborhood spokesperson/representative Is encouraged to provide a contact fa 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 personjsj. • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included In the report to the City Council. ff you wish to have something to be Included in the report, lease contact the Planning Staff portion "mad on the nobfication. AARON J & ADRIENNE F THOMPSON ANVER L & ANNE K LARSON BETSY S ANDING 3711 SOUTH CEDAR DR 3705 SOUTH CEDAR DR 3625 RED CEDAR POINT RD EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-7721 CAROLYN A BARINSKY CATHERINE J BLACK REV TRUST CHARLES F & VICKI L ANDING 3719 SOUTH CEDAR DR 3629 RED CEDAR POINT RD 6601 MINNEWASHTA PKWY EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-9657 DAVID WEINHOLD DIANE LEESON ANDING EDWIN L & LIVIA SEIM 3750 RED CEDAR POINT RD 3618 RED CEDAR POINT RD 292 CHARLES DR EXCELSIOR, MN 55331-9675 EXCELSIOR, MN 55331-7720 SAN LUIS OBISPO, CA 93401-9204 ELIZABETH J NOVAK ERIC MCKAY GARY ALAN PETERSON 7210 JUNIPER 3715 HICKORY LN 1769 20TH AVE NW EXCELSIOR, MN 55331-9613 EXCELSIOR, MN 55331-9769 NEW BRIGHTON, MN 55112-5433 GARY PETERSON GREGORY BOHRER GREGORY G & JOAN S DATTILO 1769 20TH AVE NW 3706 HICKORY RD 7201 JUNIPER NEW BRIGHTON, MN 55112-5433 EXCELSIOR, MN 55331-9768 EXCELSIOR, MN 55331-9614 GREGORY P ROBERTSON HEIDI ANN MARX ILMARS ERIK DUNDURS 3701 SOUTH CEDAR DR 3755 RED CEDAR POINT RD 3627 RED CEDAR POINT RD EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9676 EXCELSIOR, MN 55331-7721 JAMES P & SUSAN S ROSS JANE WHITE JEAN D LARSON 3725 SOUTH CEDAR DR PO BOX 194 3609 RED CEDAR POINT RD EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-0194 EXCELSIOR, MN 55331-7721 JILL D HEMPEL MARY JO ANDING BANGASSER PATRICIA SCUBA 3707 SOUTH CEDAR DR 3633 SOUTH CEDAR DR 14025 VALE CT EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9686 EDEN PRAIRIE, MN 55346-3017 PAUL REIMER PETER J & KARRI J PLUCINAK RICHARD B & MARIANNE F ANDING 3713 SOUTH CEDAR DR 3631 SOUTH CEDAR DR 3715 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9686 EXCELSIOR, MN 55331-9688 SCOT A LACEK STEPHEN M GUNTHER STEVEN E & MARSHA E KEUSEMAN 3630 HICKORY RD 3628 HICKORY RD 3622 RED CEDAR POINT RD EXCELSIOR, MN 55331-9766 EXCELSIOR, MN 55331-9766 EXCELSIOR, MN 55331-7720 0 STEVEN P & LAURIE A HANSON 5901 CARTER LN MINNETONKA, MN 55343-8966 TAB B & KAY M ERICKSON 3720 SOUTH CEDAR DR EXCELSIOR, MN 55331-9687 SUSAN A & JOHN R BELL 4224 LINDEN HILLS BLVD MINNEAPOLIS, MN 55410-1606 THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR DR EXCELSIOR, MN 55331-9686 SUSAN S PROSHEK 3613 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 0 Variances within 500 Feet of 3701 South Cedar Drive Variance Address Description Number 18.5-foot shoreland setback variance for the construction of a single-family home 20.2 foot front yard setback variance and an 8-foot side yard setback variance for the construction of a 08-04 3633 South Cedar Drive single-family home 22,5-foot front yard setback variance, 15.8-foot front yard setback variance and a 2.39% hard surface coverage variance for the construction of a 06-04 three -stall garage 3637 South Cedar Drive 19.3 foot front ' setbac 04-07 setback for the expansion of a single family home. 13-foot front yard setback, 2-foot front yard setback and 5-foot side yard setback variances for the 02-05 3628 Mckory construction of a garage. 11.5-foot front yard variance for the construction of 84-02, 98-07 7201 Juniper a home addition Two 7-foot side yard setback variances, a 31-foot 3705 South Cedar Drive lakeshore setback variance and a hard surface 96-04 coverage variance. 3618 Red Cedar Point R 15 f t 93-06 87-15 3725 South Cedar Drive 4.53-foot side yard setback variance 12-foot front yard setback and two Moot side yard setback variances for the demolition of an existing 87-13 3629 Red Cedar Point cabin and the construction of a new home. 4.8-foot side yard and 1.8-foot front yard variances 85-20 3624 Red Cedar Point for an addition to a garage. 12-foot front yard, s variances and a Moot shoreland setback for the 83-09 361 - construction of a single family home. 11.23 foot front yard setback variance and 7,500 square foot lot area variance of the Shoreland 82-11 3618 Red Cedar Point Management Ordinance. 12-foot front yard, 4.5 side yard, 30 foot lot width, 40 foot lot frontage, and 13.000 square foot lot 80-08 3629 Red Cedar Point area variances 79-02 3613 Red Cedar Point 23-foot front yard setback variance * Items highlighted in gray are shoreline setback variances. g:\plw\2015 planning cases\2015-07 3701 south cedar drive varianceWariances within 500 fed doc 0 Generous, Bob From: Tom Johnson [tjohnson@vikingservice.comj Sent: Saturday, March 28, 2015 3:57 PM To: Generous, Bob Subject: 3701 S Cedar Dr project I am the next door neighbor to this project (to the east -3637) and I just wanted to voice my support for this project. Dan Fagan has discussed what they hope to do with my wife and I and we both feel this will be a great improvement to the property and to the neighborhood. If you have any questions please feel free to call me at 952-220-0344. Sincerely, Tom Johnson Sent from my iPad The information contained in this e-mail is confidential and/or proprietary to Viking Client Services, Inc. and is only for use by the individual or entity to which it is intended. Unauthorized review, dissemination, distribution, copying or other use of this information is strictly prohibited. If you have received this communication in error please contact the sender and delete the material from your computer. 1 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, April 7, 2015 at 7:00 P.M. This hearing may not start until later in the evening, deDending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for variances to permit enclosure of existing deck on property zoned Single Family Residential RSF Applicant: Dan and Susan Fagan Property 3701 South Cedar Drive Location: (Lots 19 & 20, Block 4, Red Cedar Point Lake Minnewashta) A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us12015-07. If you wish to talk to Questions & someone about this project, please contact Bob Generous by Comments: email at bgenerous(d)ci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online the Thursday prior to the Planning Commission meeting at www.ci.chanhassen.mn.us/ocagendas. NEW! Sign up at www.ci.chanhassen.mn.us/notifvme to receive email and/or text notifications when Planning Commission Agendas, Packets, Videos and Minutes are published on the ci 's website. City Review precool • Subdivisions, planned Lind Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Aaerations, Rezonings, Comprehensive Plan Monomania and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feel d the subject Mew be notifies d the application in wnGng. Any interested parry is invited to attend the meeting. • Staff prepares a report on Me subject application that inductee all pertinent information arse a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of Me report and a recommendation. The item will be opened fo tha public to speatc about the proposal as a pan of the heating process. The Commission will close the public hearing and diswss the fem antl make a recammerMagan w the Cfy Caunx' I. The City Councl may reverse, afirm or modify wholly or partly the Planning Canmission'a recommendation. Rezonings, land use and code amendments take a simple majmty vote Of the City Council except reionirgs and land use amendments from residential to commeruaMdustnal. • Minnesota State Statute 519.99 requites all applications to b , processed within 60 days unless the applicant wastes this standard. Some applications due to their complexity may tame several months to complete. Any person vnshing to follow an fen through the process should checic wid, this Planning Department regarding its status and scheduling for the City Gonad meeting. • A neighbomeod spokespersonlrepresentayve is encouraged M prorde a contact for the cry. Often developers are enmurdged to meet wM the neighborhood regarding their proposal, Staff is also available to review Me prgact w:M any interested parson(sl. • Because the Planning Commission holds the public hearing, Me City Council does rat Minutes are taken and any correspoMene, regarding Me application will be included in Me report to the City Counci ff you won to have something to be included in the report, lease contact the Planning Stag paroext named on the notification. 0 0 SCANNEr MINNEALls fig N ti x 3 IV POST K U 2E h "iY 021 P $ 000.48� 0003195 MAR 262015 CITY OF " 00031 95 CODE 52015 ���� CHANHASSEN o<' 7700 Market Boulevard C'sy� P.O Box 147 XX Chanhassen, Minnesota 55317 ys'ps s www.ci.chanhassen.mn 1,Cz 2 REVIEW7 e x 553 0yyp.RDO%FOR *#### �M7.=3,E TO FOR }NAP ; 7 _01492-26— This map is neither a legally recorded map nor a survey and is not intended t 0 U used as one. This map is a compilation of records, information and data locate 5 g 3 91 various city, county, state and federal offices and other sources regarding the a 5 C 1 \\,"Irt shown, and is to be used for reference purposes only. The City does not warn. 'I Il\ \\�\ that the Geographic Information System (GIS) Data used to prepare this map z S �� I y err NIXIE 553 5E 1009 0004/06/15 � W" PAUL REIMER F VSFFWD RETURN TO SENDER 3713 SOUTH CEDAR DR I dis NOT DELIVERABLE AS ADDRESSED EXCELSIOR MN 55331-9688 prc UNABLE TO FORWARD thl: ex; 8_'. 55317e14747 "277S-01492-215-37 Ii the I i� II�IIIiIIIirI litl I lI �llllil� ilt t'Iln till lrllrll par b'IIIIrIi'brP'llllll'nIIIhlPrhrrrllP°rl'dl'I • • Is-�-7 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized CARVER & HENNEPIN agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- COUNTIES NOTICE OF PUBLIC lager and has full knowledge of the facts herein stated as follows: HEARING PLANNING CASE NO. 201"7 (A) These newspapers have complied with the requirements constituting qualification as a legal NOTICE IS HEREBY GIVEN newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as that the Chanhassen Planning amended. Commission will hold a public hearing on Tuesday, April 7, (B) The printed public notice that is attached to this Affidavit and identified as No.YL,�-r%i 2015, at 7:00 p.m. in the Council was published on the date or dates and in the newspaper stated in the attached Notice and said Chambers in Chanhassen City Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of Hall, 7700 Market Blvd. The the news specified. Printed below is a co of the lower case alphabet from A to Z, both purpose of this hearing is to �� spec copy P considera request forvariances to inclusive, and is hereby acknowledged as being the kind and size of type used in the composition permit enclosure of existing deck and publication of the Notice: on property zoned Single Family Residential (RSF) and located at abodefghijkhnnopgrstu 3701 South Cedar Drive (Lots 19 _ 1 & 20, Block 4, Red Cedar Point / Lake : Dan & ta). Applicant/ Owner: Dan Susan Fagan. A plan showing the location Laurie A. Hartmann of the proposal is available for public review on the City's web site at www.ci.chanhassen. mn.us/2015-07 or at City Hall Subscribed and sworn before me on during regular business hours. All interested persons are invited to attend this public hearing tr and express their opinions with thisday of 2015 respect to this proposal. Robert Generous, AICP, Senior Planner JYMME JEANNE7E BARK Email: bgenerousCa NC'AFY Pt.iliC 4'NNESC"A ci.chanhassen.mn.us Phone: 952-227-1131 Itv C0MWSSJ0N E,(PRES 0!rjV'8 (Published in the Chanhassen public Villager on Thursday, March 20, 2015: No 4100) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNEC CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2015-07 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, April 7, 2015, 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 variances to permit enclosure of existing deck on property zoned Single Family Residential (RSF) and located at 3701 South Cedar Drive (Lots 19 & 20, Block 4, Red Cedar Point Lake Minnewashta). Applicant/Owner: Dan & Susan Fagan. 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/2015-07 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. Robert Generous, AICP, Senior Planner Email: lbRenerousna ci.chanhassen.inn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on March 26, 2015) SCANNED Ingvalson, Drew From: Generous, Bob Sent: Tuesday, March 03, 2015 11:03 AM To: Ingvalson, Drew Subject: FW: planning case 2015-07 For the file From: Fauske, Alyson Sent: Tuesday, March 03, 2015 11:02 AM To: Generous, Bob Subject: planning case 2015-07 No comments on the variance for the proposed enclosure of the deck. Alyson SCANNEL MEMORANDUM TO: Robert Generous, Senior Planner FROM: Jerritt Mohn, Building Official DATE: February 20, 2015 SUBJ: Request for variances to permit enclosure of existing deck on property zoned Single Family Residential (RSF) and located at 3701 South Cedar Drive (Lots 19 & 20, Block 4, Red Cedar Point Lake Minnewashta). Planning Case: 2015-07 A building permit is required. GAPLAN\2015 Planning Ca \2015-073701 South Cedar Drive Variance\buildingofficialcomments.doc SCANNED MEMORANDUM TO: Robert Generous, Senior Planner FROM: Jerritt Mohn, Building Official DATE: February 20, 2015 SUBJ: Request for variances to permit enclosure of existing deck on property zoned Single Family Residential (RSF) and located at 3701 South Cedar Drive (Lots 19 & 20, Block 4, Red Cedar Point Lake Minnewashta). Planning Case: 2015-07 A building permit is required. G:\PLAN\2015 Planning Cases\2015-07 3701 South Cedar Drive Varianc6buildingofficiakwmments.doc SCANNED COMMUNITY DEVELOPMENT DEPXRTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 *CITY OF CHANHASSEN AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: February 18, 2015 Agency Review Response Deadline: March 26, 2016 Date Application Filed: February 13, 2015 Contact: Contact Phone: Contact Email: Robert Generous, AICP 952-227-1131 benerous@ci.chanhassen.mn.us Senior Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: April 7, 2015 at 7:00 p.m. Aril 13, 2015 at 7:00 p.m. Aril 14, 2015 Application: Request for variances to permit enclosure of existing deck on property zoned Single Family Residential (RSF) and located at 3701 South Cedar Drive (Lots 19 & 20, Block 4, Red Cedar Point Lake Minnewashta). Applicant/Owner: Dan & Susan Fagan. Planning Case: 2015-07 Web Page: www.ci.chanhassen.mn.us/2015-07 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: ❑ Attorney ® Building Official ® Engineer ® Fire Marshal ® Forester ® Park Director ® Water Resources Carver County Agencies: ❑ Community Development ❑ Engineer ❑ Environmental Services ❑ Historical Society ❑ Parks ❑ Soil & Water Conservation District State Agencies: ❑ Board of Water & Soil Resources ❑ Health ❑ Historical Society ❑ Natural Resources -Forestry ® Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation Federal Agencies: ❑ Army Corps of Engineers ❑ US Fish & Wildlife Watershed Districts: ❑ Carver County WMO ❑ Lower MN River ® Minnehaha Creek ❑ Riley -Purgatory -Bluff Creek Utilities: ❑ Cable TV — Mediacom ❑ Electric — Minnesota Valley ❑ Electric —Xcel Energy ❑ Magellan Pipeline ❑ Natural Gas — CenterPoint Energy ❑ Phone — Centuryl-ink Adjacent Cities: ❑ Chaska ❑ Eden Prairie ❑ Jackson Township ❑ Minnetonka ❑ Shorewood ❑ Victoria Adjacent Counties: ❑ Hennepin ❑ Scott School Districts: ❑ Eastern Carver County 112 ❑ Minnetonka 276 Other Agencies: ❑ Hennepin County Regional Railroad Authority ❑ MN Landscape Arboretum ❑ SouthWest Transit ❑ TC&W Railroad SCANNED Property Card • Parcel ID Number *600390 Taxpayer Information , ,: at N �y � 0 eda`o / r =oar i V� ' ` '• ^ �� =: Taxpayer Name GREGORY P ROBERTSON LESLIE M ROBERTSON Mailing Address 3701 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 Property Address Address 3701 SOUTH CEDAR DR City EXCELSIOR. MN 55331 Parcel Information Uses Res 1 unit GIS Acres 0,27 Deeded Acres Plat RED CEDAR POINT LK MINNEWASHTA Lot 019 Block 004 Tax Description & LOT 20 Building Information Building Style SPLIT ENTRY Above Grade 1012 Finished S Ft Bedrooms 3 Year Built 1986 Garage Y Bathrooms 1.75 Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0276 WS 062 MINNEHAHA CREEK Y N N Assessor Information Estimated Market Value 2013 Values (Payable 2014) 2014 Values (Payable 2015) Last Sale Land $360,900 00 $371,000.00 Date of Sale 11/21/2014 Building $183.700.00 $205,700.00 Sale Value $700,000.00 Total $ 544, 600.00 $ 576, 700.00 The data provided herewsh is for reference purposes only. This data is not suitable for legal, engmeenng, surveying a other similar purposes. Carver County does not guarantee the accuracy of the information contained herein. This data is furnished on an as Is' basis and Carver County makes no representations or warranties, either expressed or implied, for the merchantabilAy or fitness of the informationprovided for any purpose. This disclaimer is provided pursuant to Minnesota Statutes §466.03 and the user of the data provided heren acknowledges that Carver County shall not be liable for any damages, and by using this data in any way expressly wawes all claims, and agrees to def e'dr videmnRy, and held harmless Caner County, its oRcials, officers. agents, employees, etcfrom any and all claims brought by anyone who uses the information provided for heron, As employees or agents. or CARVER third parties which arise cut of usefs access. By acceptance of this data, the user agrees not to transmit this data or provide access to it a any part of it to another party unless the user includes COUNTY with the data a copy of this disclaimer Wednesday, February 18, 2015 Carver County, MN 3701 SOUTH CEDAR VARIANCE - PLANNING CASE 2015-07 $200.00 Variance $200.00 Notification Sign $50.00 Document Recording Escrow $102.00 Property Owners List (34 x $3) $552.00 TOTAL $552.00 Less Check 6834 from Dan Fagan CITY OF CHANHASSEN • P 0 BOX 147 CHANHASSEN MN 55317 02/17/2015 2:13 PM Receipt No. 00275712 CLERK: AshleyM PAYEE: Dan & Susan Fagan 7184 Fawn Hill Road Chanhassen MN 55317- 3701 South Cedar Variance Planning Case 2015-07 ------------------------------------------------------- Use & Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 102.00 Total Cash Check 6834 Change 552.00 0.00 552.00 0.00 5CANNEL APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Address: City/State/Zip: Email: Signature: _ Contact: Phone: Cell: Fax: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. I-, � Address: d 3'701 S. mot Q cit - City/State/Zip: t rS 33 1 Email: F S "tL(+S I • c.o..a Signature: Contact: D Phone: C1 6o 7 - 2-3 Sp Cell: Fax: tctn sob - 66S'o Date: L,t't /A This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Who should receive copies of staff reports? Information 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: 0 Other' Via: ❑ Email ❑ Mailed Paper Copy Email: m-. ISVWNVHO 10 A110 SIOZ 0 Z 83J I I 40 Bea qs m twe0 m the C. Canty Cardinale Syaleln INAD 63 -1996 A) JOBS: 31202-253 FIELD CREW: CL, AT DRAWN BY: JML CHECKED BY: DBP DATE: 01-21-15 • FND PINCH Top SOUTH CEDAR DRIVE iO Proposed re -- 5(51e23'34"IN driveway 1 AA1C0 MEAS. (90.0 PLAT)_ 952.3 952.8. LAKE MINNEWASHTA rN r� H.1 111v 1 lOa rl\r I \ 1 � O i ;i 7Y OF GHANHASSEP RECEIVED of ice Ivcated on January 20, 2DI5 REVISIONS stPs svq Added Height Realriolorw JML- 02-10-15 �� Rm SATHRE—BERGQUIST, INC. i „•, 1 150 SOUTH BROADWAY WAYZATA. WL 55391 (901)476$000 s s. c ere ♦F4a PLC FEB 13 Mb GENERAL SURVEY NOTES: I.) Utilities: We have been shown the location of utilities on the surveyed property by observed evidence only. There may be underground utilities encumbering the subject property we arc unaware. Please note that we have not placed a Gopher State One Call for this survey. -,hem may army not be underground utilities in the mapped area, therefore extreme caution must be exercise before any excavation takes place on or near this site. Before digging, you are required by law to notify Gopher State One Call at least 48 hours in advance at 6511454-0002. 2.) Must maintain a minimum 2% slope gradient to accommodate positive drainage. 3.) All offset irons arc measured to hundredths of a foot and can be used as benchmarks. 4.) The current zoning for the subject property is RSF (Single Family Residential District) per the city of Chanhassen's zoning map dated January 14, 2014. 5.) This survey was prepared without the benefit of a title commitment. There maybe easements of record that encumber the subject property that are not shown hereon. 6.) The legal description as shown hereon was obtain from county tax information. This may or may not be the legal description of record. 7.) Proposed grades shown adjacent to building foundation refers to top of black din. 8.) Benchmark: MN/DOT Geodetic Station Name: 1002 BR which has an elevation of: 957.305 feet (NAVD88). Existing Hardcover Proposed Hardcover Horne- 1,782 S.F. House- 1,782 S.F. Deck (front)- 137 S.F. Porch- 127 S.F. Bituminous- 766 S.F. Foyer- 140 S.F. Concrete- 62 S.F. New Driveway- 619 S.F. I Pavers under deck (back)- 391 S.F, Great room-112 S.F. Patch (back)- 144 S.F. Total impervious area- 2,980 S.F. Total impervious area- 3,282 S.F. Lot Area- 11,998 S.F. Lot Area. 11,998 S.F. 2,980+11,998= 24.8% Hardcover 3,215+11,998= 27.4Ye Hardcover SURVEY LEGEND LK ABC UNIT .-'__.-.__.BITUMINOUS ® ELECTRIC METER CONCRETE CURS ® GAS METER CONCRETE TREE CONIFEROUS CONTOUR EXISTING / 1 TREE DECIDUOUS —"—OVERHEAD UTILITY Setbacks RSF- Q. SURVEY CONTROL POINT •VL5 GROUND ELEVATION Min. Front Yard Setback = 30' O IRON PIPE SET (S) SANITARY MANHOLE Min. Side Yard Setback — IU • RON PIPE FOUND ® WELL Min. OHWL Setback =73' ❑ PK NAIL SET er, , POWER POLE Principal Structure Max. Height= a UGHT POLE m WATER IORB STOP Three Stories/ 35 feet 8 MAILBOX Maximum Hardcover = 25% 1 hereby certify that this is a true and correct representation of a survey of the boundaries of. Lot 19 and 20, Block 4, RED CEDAR POINT LAKE MINNEWASHTA, according to the recorded plat thereof, Carver County, Minnesota CHANHASSEN PLANNING DEPT CERTIFICATE OF SURVEY PREPARED FOR GONYEA HOMES 3701 SOUTH CEDAR DRIVE CITY OF CHANHASSEN, MINNESOTA and the location of all buildings, if any, thereon, and all visible encroachments, if any, fromoron mid land. as surveyed by me this 9th day of February, 2015. David B. Pemberton. PLS Mimtesou l�cenu No. 40344 20 10 0 10 20 40 SCALE IN FEET • 0 • • milli BA�... Zia ,s»w,T exw S IPBOIPD6 B4TT 0 �E' NC— s' L FMEZ RW BD CEDM SxPI(ES�� nxDENscx wows MIN 501I 411 vx Tro s.wr easE r slop - I I milli PROPOSED BACK ELEVATION SCALE: 1/P=1'LT MIN15 x1 KL �M . BE 1'dT . UNLESS NO OT WSE S.) p Np1(ES DM .. SE I.-' PIG. U.. NOIEO OTN.0. E 4.) WP UMINVM 8.12 S 1OFFR A F/SCA P115YfE9 NOW. FNOXTNY.FIMR 514VQ4 IPSS]NCN1oT PROPOSED FRONT ELEVATION SCALE: lw=1'd ON1 s �.Ex�DMN,FNM�Da.NTD Nw TDW�e" PROPOSED GARAGE SIDE ELEVATION SCNE: IW -1W ovlvls CITY OF CHANHASSEP RECEIVED FEB 1 3 2U15 CHANHASSEN PLANNING DEPT lexmrcEwaawwxsT wTueMnun xuwrwasLrLe romoF�v DEm1o�Lowaro eEwssatzT®n 11EOMFA Z �Z W >.. WO J N IN/ � N zq m r LL O� � O w J V 0 D v V 02M ZU 00 N O b REVISION RECORD No LL J Z_ WOco co C Lo 0ryL0 Z Lu LLU U 0� w z 0 O O Q E J = Ur W U w } LLLL�w Z OrolxmnnoN PROJECT 1107 (� Frasleo Sa Fr. sPaRrcollRr WA In O (V eaSEIENf 1 I F'�T 516 sEcorn 691 TOTAL 3240 U PROJ. NO. GRO111 SHEET 1 OF $ SCANNED r-I u EILY R FAMILY ROOM r3lvcPT � rs+¢ruiE wr mlr+° HALL xEwcvr - ICIIF➢MFAwpC�IEE IEWM qQ WixoraavEwA.iEW s+ms� I,se FlmurorEn.muErvs �uEwu°ua Y F GAME ROOM q q L d na I zs PROPOSED BASEMENT FLOOR PLAN SCALE 1/{'=1'-0' 0110flg5 I =b 1033 SQ. Fr. (FINISHED)---- 1107 SQ. FT. (FOOTPRINT - HOUSE) -- -- �meozwwwuxmr. miE.cmrrroncwW .u�ie. as�wx�°m anaan WWr t ! Evs*wc Mn�mm �nno�� BEDROOM nwwra>.+r.rmiu yr rvEw cPr WmawsAr.�s..e Wo�srr°a°maw UTILRY ROOM NEW vc* CITY OF CHANHASSEh RECEIVED FEB 1 3 2U15 CHANHASSEN PUNNING DEPi zZZ Q w� J O;� J Zm z v o^ Z LL o O W N aY Ogo wo �n ZW OV J/ 00 0 b REVISION RECORD IJ J Z UJ _ c,) 0 d co 0LLo w w U w zN�O LL W I � WQ Or U X LL c) Lu Z PROJECT i 0 FalxmArlox 1107 I FNlbIm SO. FT. n sFancouRr 33 1033 p FIRsr 1516 691 (v SECOND roru 3240 U PROJ. NO. GRO111 SHEET 2oF5 SCANNED }SJrI(1<'P GREAT ROOM � wWo z �o OWING RM g¢ wGGG €LL P 9 � G --------------------- a g b CLG 8 CYE LLVa 8 19 o KRCHEN CHEN Y � 3a PEi pYIOW i A�JI i H'd'%IZd DECK 1fW CGIW511E GEEtM' 1ZdIt1Td MASTER DEDROOM wlaer - - FOYER FOYER M T eiv¢wm�EsoE- T' ,� i� w.T.w mo Id 6 �' eERCj WtLB91E3 EKISTING GARAGE ryyL IV-Y ATEHGTFRWTC OFS4 HEIIDE4wH:e. yiP9nox ea w sT. 611E L'FIUM _ -_ � rtun FF¢ uStFA VMEwrEUFra„cM ,9� � �GWIla� TDEORUFCFGxPKENTY „dx9d CIIW.RVAFAOxE61.GRttFTR16ff5 Wx PORCH wFmw.wsmw;EFmornesmaaarrvwr COFPOSIE YEfi,10 LTAT MNY NON.EA/EM'Rxt NNXxtl£fE S,M FM Y639NliE WOME AmLNO,EW eIOR.Vi raw /9mw+rox oa-ExE,rG orNG wsT.�u � Ho'rzwo''L�n � / ea,w�F oFFrt�moa. PROPOSED MAIN LEVEL FLOOR PLAN SCALE: 1)4'=1'-0 ovlMs 1516 SQ. FT. (FINISHED) �aFPE Twe w.ws wL�ae.vnrow. ana Fet oA.an CITY OFCHANHASW RECEIVED FEB 13 2015 CHANHASSN PUNNING DEPT Z w z w; p ws J N Q N ro z< O� o ' LL O LW O Q V 0 N O r V O �n W� ZW U Op NON O O 1 REVISION RECORD 1 J Z_ w5 L 1�^ V/ 0 Lo Z w 2 w � U � U LU z 0 W 2 ( Q U � LL�w O PROJECT 1107 FOUNDATION FINISHED SO. FT. SPORT CWRT SASEMEW NSA 1033' 0 FIRST 1516 SEWND 691 (\j 'TOTu 3240 U PROJ. NO. GRO111 SHEET 3OF51 U (C 2015 GONYEA HOMES F� FAGAN REMODEL A w N o G O N Y E A �8 p � ° 0 m 3701 RED CEDAR POINT RD mm HOMES & REMODELING (T q D O0 EXCELSIOR, MN 55331 OA 1536 MARSHALL AVE STE C. ST PAUL MN.55104 OFFICE: 651-340-9374 . FAX: 651-228-1052