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CAS-09_2017-09 VAR 3622 RED CEDAR POINT RD. GARAGE HEIGHTThomas J. Campbell Roger N. Knutson Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henn A. Schaeffer, III Alina Schwartz. Shana N. Conklin Amy B. Schutt James J.11ongd, III Jerome M. Porter Kurt S. Fischer Matthew K. Brokl Grand Oak Office Center 1 860 Blue Gentian Road Suite 290, Pagan, %IN 55121 651452-5000 Fax 651-234-6237 www.ck-law.com 1lp CAMPBELL KNUTSON Professional Association September 28, 2017 Ms. Jenny Potter City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Miscellaneous Recorded Document Dear Ms. Potter: Please find enclosed, for the City's files, the following documents which have been recorded with Carver County: Conditional Use Permit #2015-16 recorded August 31, 2017 as document number A651145; 2. Conditional Use Permit #2016-13 recorded August 31, 2017 as document number A651146; Variance 2016-13 recorded August 31, 2017 as document number A651147; 4. Variance 2017-13 recorded August 30, 2017 as document number A651037; and 5. Variance 2017-09 recorded August 30 2017 as document number A651038; Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association Jean son, Legal Assistant /jmo Enclosures 190708v6 If Document No. A651038 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Recorded on -August 30, 2017 2:12 PM Fee'. $46.00 I II II III County ty Recorder CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2017-09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves the variance request to allow an intensification of an existing nonconforming use by raising the attached garage height to 15.5 feet within the required front and side yard setback. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 3, Block 1, Red Cedar Point Lake Minnewashta. 3. Conditions. The variance approval is subject to the following conditions: a. The applicant must apply for and receive a building permit. 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: May 2, 2017 `w. roes ST F MINNESOTA (ss COUNTY OF CARVER ) F-W AND: CITY OF CHANHASSEN Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this d day of 2017 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the Ci Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 ,,~ �' KIM T. MEUWISSEN A Notary Pubk,'Minnasota �''.,�-i My C Mi"Im E.Wrea Jen 31, 3020 PA i urs a .§46 m4 227-1 t07. The preceding disclaimer is provided pursuan. �mtes §408.03, Subd. 21 (2000), and the user of this map acknowledges _rry shall not be liable for any damages, and expressly waives all claims, and agi -es to defend, indemnity, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the users access or use of data provided. � �� Its pcs)� z R(� ��. onwer sown # 02 1 P $ 000.46(l 0003195036 APR 20 2017 MAILED FROM ZIP CODE 55317 PETERSON ... VE NW NEW BRIGHTON, MN 55112-5433 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 2, 2017 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a variance for a garage roof height located at Proposal: 3822 Red Cedar Point Road, Lot 3, Block 4, Red Cedar Point Lake Minnewashta. Applicant: Mattson Schuster LLC Property 3622 Red Cedar Point Road Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2017-09. If you wish to talk to someone about this project, please contact MacKenzie Questions & Walters by email at sa1jaf0ci.chanhassen.mn.us or by phone Comments: at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Altenbons, Razonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 5W feet blithe subject site to be notified of the application in writing. Any interested party is Invited to attend the meeting. • Staff Prepare. a capon on the subject application Bret includes all pertinent information and a recommendation. These reports ere 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 healing process. The Commission will dose the public heanng and discuss the item and make a recommendation to the City Council. The City Counal may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Razonings, land use and code amendments take a simple majority vole of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota Stab 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 severel months to complete. Any person waning to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Counal meeting. • A neighborhootl spokesmrson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet wtth the neighborhood regarding their poposal. Staff is also available to review the project with any Interested peraon(s). • Because the Planning Commission holds the public hearing, the City Counal doss not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Counai. If you wish to have something to be included in the report, ease coned the Planning Staff 2ffson nametl on the notification. 0 CPA"'`r y' . y4y�ti�,0 This map is neither a legally recorded map nor a .ndedl to be used as one. This map is a compJation of records, information and d.a cus city, county, state and federal othces and other sources regarding the area sbam to be used for reference purposes only The City does not warrant that the Geographic Infoo .non System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational. trai or any other purpose requinrg exacting measurement of distance or diction or prey sion In the depiction of geographic features. If anions or discrepanaes are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §4 03. Subd. 21 (200(3), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify and hold harmless the City from any and all claims brought by User, Its employees or agents, or third pal w bich arise out of the users access or use of data provided. APtES FRST `M A i nlrHrzr Bowes 02 1 P $ 000.460 0003195036 APR 202017 MAILED FROM ZIP CODE 55317 PATRICIA SOUBA 431 PRAIRIE CENTER DR #114 EDEN PRAIRIE, MN 55344-5376 III III 11111111Jill 1I1111111111111if11t11'11111111111 55317>0147 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 2, 2017 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a variance for a garage roof height located at Proposal: 3622 Red Cedar Point Road, Lot 3, Block 4, Red Cedar Point Lake Minnewashta. Applicant: Mattson Schuster LLC Property 3622 Red Cedar Point Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses _ the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2017-09. If you wish to talk to someone about this project, please contact MacKenzie Questions & Walters by email at saljaf(d-)ci.chanhassen.mn.us or by phone Comments: at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/noti me to sign up! City Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional end! Interim Uses, Wetland Alterations, poisonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before Vie Planning Commission. City ordinances require all property within 500 feet of the subject site to W notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on Vie subject application that includes all pentnent information and 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 for the public to speak about the proposal as a partof tW heating process. The Commission will close the public hearing and discuss the item end make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly a partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except relalings and land use amendments from residential to commeraal/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within SO days unless the applicant wanes this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting • A neighborhood epokesperecn/represeMetive is encouraged to provide a contact for the city. Often developers we encouraged to meet with the neighbornood regarding their proposal. Stag is also available to review the project with any interested Person(s). • Because the Planning Commission holds the Public hearing, the City Council doss not. Minutes are taken and any correspondence regarding me application will W included in the report to the City Council. ff you wish to have something to be included in Me report, lease contact the Planning Staff person nametl on the notification. 0- of CHANHASSEN CITY COUNCIL REGULAR MEETING MAY 22, 2017 Mayor Laufenburger called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Paul Oehme, Kate Aanenson, and Katie Favro PUBLIC PRESENT: Jeff Cotter 1730 Motorplex Court Mayor Laufenburger: Thank you and welcome to this council meeting. Those of you that are here in chambers with us this evening as well as those of you that are watching on Mediacom cable public access channel at home or via our livestream through the web. Wonderful to have you with us. First of all for the record let it noted that all members of the council are present with us this evening and first item is action on the agenda. Council members are there any modifications to the agenda this evening? If not we will proceed with the agenda as printed. CONSENT AGENDA: Councilman McDonald moved, Councilwoman Tjornhom seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Approve City Council Minutes dated May 8, 2017 2. Receive Planning Commission Minutes dated May 2, 2017 Receive Park and Recreation Commission Minutes dated April 25, 2017 4. Resolution #2017-34: Approve Resolution Accepting Donation from K1einBank for Summer Concert Series. Resolution #2017-35: Park Road/Park Place Street Rehabilitation Project 16-04: Call Assessment Hearing. 6. Resolution #2017-36: Approve Renewal of Proposed Master Partnership Contract 2018- 2022 with MnDOT. Chanhassen City Council Itay 22, 2017 • 7. Approval of Sign Height Variance for Camp Tanadoona, 3300 Tanadoona Drive. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. PRESENTATION OF $2,500 DONATION FROM KLEINBANK FOR SUMMER CONCERT SERIES, TYLER MILLER AND KATHY DEMBINSKI. Mayor Laufenburger: I think we have at least one scheduled visitor presentation. Tyler are you here this evening? Alright. You have a big check for us is that correct? A giant sized check. Does this require a photo opportunity? Do you want me to leap, is that what you want me to do Katie? My oh my, this is a huge check. Will Klein cash this one if we present it for deposit Tyler? Katie Favro: Okay ready, on three. One, two, three. Mayor Laufenburger: Well for the record Tyler you're representing KleinBank and how many years in a row has K1einBank sponsored this concert series, do you know Tyler? Tyler Miller: A lot. Mayor Laufenburger: A lot. Katie Favro: It's like 12 years. Mayor Laufenburger: Yeah anyway so on behalf of the entire City, especially the music loving population of the city we thank you for your support of the concert series. I know it starts in June doesn't it? Katie Favro: Yep. Mayor Laufenburger: And it's always one of the best things and the kids seem to enjoy that one night that is, there's some crazy. Kate Aanenson: Teddy Bear. Katie Favro: We have kids performance, one in the evening and then one in the afternoon. Mayor Laufenburger: Well that's the one that I resonate with too. Tyler, thank you very much for, appreciate it. Express our appreciation to the K1einBank. Thank you Tyler. Wonderful participation from the business community and that's just one example of it. I didn't want to close visitor presentation if there's anybody who would like to address the council at this time 2 Chanhassen Planning Commission — May 2, 2017 • The sign's height measured from grade shall not exceed 12.75 feet, including temporary banner mounts. 2. The sign shall be constructed with individual pole wraps to minimize the visual impact of it's supports. 3. The sign shall be a minimum of 45 feet from the northern edge of Tanadoona Drive and a minimum of 10 feet west of the Highway 41 right-of-way. 4. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign on city property. This encroachment agreement shall include language stating that if Highway 41 and/or Tanadoona Drive are widened the City can require the sign to be moved or removed if the sign's location impedes sight lines. 5. The applicant must apply for and receive the required sign permits from the City. 6. The ground low profile sign must meet the sign code's design criteria. Temporary banners may only be displayed from January 1st to September 30`h. 8. Temporary banners must be maintained in good repair. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: 3622 RED CEDAR POINT ROAD: REOUEST FOR A VARIANCE FOR A GARAGE ROOF HEIGHT. Walters: Alright this is Planning Case 2017-09. 3622 Red Cedar Point Road variance. The applicant is requesting to intensify a non -conforming garage by increasing it's height by 2 feet. It's located at 3622 Red Cedar Point. This area is zoned residential. Typical zoning is a 20,000 square foot lot. 30 foot front yard setbacks. 10 foot side yard setbacks. 25 percent hard cover and residential buildings are limited to 35 feet in height in this zoning area. As I mentioned this is a non -conforming use. I was not able to ascertain the date of the original, original house but I believe it was in the mid 60's. That house is shown in, oh I'm sorry it cleared my pointer on me. In red here. In 1983 that house was demolished but the original detached garages were allowed, were kept so those are non -conforming uses that are located within the front yard setback and side yard setback. When the new house was built in 1983 it was attached to one of the existing detached garages and the existing conditions on the property are the pre-existing garages are in blue here and you can see here where this one's in the front yard setback and this area in red is the section that requires the height variance. The applicant is allowed to replace any non- conforming structure at it's current intensity. However because they are proposing to increase the height of the garage that is in the side and front yard setback they require a variance because Chanhassen Planning Compission — May 2, 2017 • it's intensifying the non -conformity. They will not be encroaching more into the setback but it will be taller within the setback. So the proposed project is increasing the height of the garage to 15.5 feet. That's a 2 foot increase in height. The goal of doing this is to allow them to replace the existing 7 foot high garage doors with 8 foot high garage doors. As I mentioned this isn't going to increase the encroachment to the setback. It's just the height of the structure. The applicant has stated they need 8 foot high garage doors to allow them to park taller vehicles within the garage and to store larger accessory vehicles. Essentially as time's gone on vehicles have gotten larger and the original garage height is no longer sufficient. You can see there's a little bit of a height differential between this section which was the original detached garage and the part that was built in 1983. The other purpose of raising is going to be to even out that roof line. This center section would increase by one foot. This section would increase by two feet. And then over here on the left is just a full scope of work they're doing. Most of this does not require the variance but just to provide some context. They will be removing a non -conforming structure in a shed, deck and patio back here and stairs here which will decrease the property's non -conforming hard cover. I believe this one is being rebuilt exactly as it was and then as I mentioned this section is going to be expanded and this addition is legal and within code and does not require a variance. The proposed height is significantly less than would theoretically be allowed by city code for the region were outside the setbacks. Residential garage doors are typically 7 or 8 feet. Most new houses, maybe not most. A lot of new houses are going in with 8 foot garage doors so it's not an unreasonable or atypical garage door size. As the applicant noted larger vehicles cannot fit under the 7 foot garage doors. The city code does not restrict garage door height within residential districts. In theory individuals can put in 12 foot garage doors if they choose. Regarding the general neighborhood. It's one of the oldest neighborhoods in the city. Many properties are non -conforming. I was able to find 12 variances granted for 29 properties within 500 square feet and staff recommends approval of this variance. If you have any questions I'd be happy to answer them at this time. Aller: Any questions for staff at this point? Seeing none we'll go ahead and ask the applicant to come forward. If you could state your name and address for the record sir. Steve Keuseman: Yeah I'm Steve Keuseman. I've lived at 3622 Red Cedar Point Road for on and off for 54 years. Aller: Welcome. Tell us about your project. Steve Keuseman: We're actually remodeling the whole house and we're rebuilding the garages because as he stated that one garage that we want the new roof on, well it's going to be a new garage and with the additional height. That garage was built in about 1965. My father built that and you know back then the existing vehicles were a lot lower than they are now. Like my son has a Suburban that has roof racks on it. We can barely get that in the garage. And if you can get it in the garage you can't even hardly jack it up to change your oil so that's part of the reason why we need the height. Plus you know if you're carrying a ladder or 2 by 4 or something you just you know bang, you hit the light in the ceiling and that and so that's part of it. And then it'd 2 Chanhassen Planning Commission — May 2, 2017 • just be a lot nicer for things. My son has a boat also that he backs in the garage and has a wakeboard tower on it. He can't put his wakeboard tower up in the garage so like if he wants to get in the boat and clean it out, take things in or out or something, he can't lift the tower up in the garage. He couldn't put it, he'd have to have about a 10 foot door, high door to back it in with the tower up. But he'd just like to be able to put it up once it's in the garage you know. Like I say we've lived there for 54 years and my son is going to, my son and his wife are going to live there also because we have like a full apartment downstairs. We built in '84. We built it that way at that time and we wanted my parents were going to live downstairs and I was going to take care of my parents in their later years. Well unfortunately things didn't work out that way and but hopefully it will work out that way now and we plan on living there another 54 years so we really like the area. We like Chanhassen so we'd just like 2 more feet in the garage you know in the height. Aller: We love Chanhassen too sir. Just for the record your son is not going to live in the garage right? Steve Keuseman: No, no, no, no, no. Alley: Just when he's in hot water. Steve Keuseman: You want to talk Matthew? Okay no. And by the way he is a Captain on the fire department here in Chan. Aller: Awesome, thank you. Steve Keuseman: So I don't know Bob do you want to say anything? Bob Mattson: They pretty much said it. Steve Keuseman: Yeah I didn't really have to say anything. The gentleman over here pretty much said all I want to say. I think my son's wife actually sent in a letter saying the reasons why we wanted to do this you know. Aller: Great. Steve Keuseman: And it's not for, we don't have any ulterior motives. We just want a little more height in the ceiling you know. Aller: Awesome, well thank you very much sir. Steve Keuseman: Yeah thank you. 7 Chanhassen Planning Commission — May 2, 2017 • Aller: Any questions? None. Alright we'll open up the public hearing portion of this item. Anyone wishing to come forward to speak for or against the request can do so at this time. Seeing no one coming forward to speak we'll close the public hearing and open it up for discussion. Weick: It's a good project. Tietz: Andrew it looks like, if I may ask the gentleman, the owner. Aller: Commissioner Tietz. Tietz: It looks like where the excavation where you took out that free standing garage closest to the road. Steve Keuseman: Yeah. Tietz: It looks like you found a little bit of rubble under there. Steve Keuseman: Well yeah, yeah. It had the old walls where they were rock and cement. Tietz: Yeah. Steve Keuseman: Yeah so. Tietz: Yeah it looks like you ran into some interesting things there. Steve Keuseman: Oh yeah. See my dad, a lot of the stuff that was in there was from my father so we had, and the foundation wasn't safe. I didn't want, see there was a basement. There's a basement under that garage. Tietz: Oh there was. Steve Keuseman: And we're going to rebuild it with a basement under it so on top we can store a car and underneath we can put our lawnmowers and stuff. Tietz: Interesting, okay. Aller: Thank you. Tietz: Thank you yeah. Aller: Any additional questions based on Commissioner Tietz' question? No, okay. Any comments? I think it's a great project. I think it's certainly limiting itself to the needs of the N Chanhassen Planning Commission — May 2, 2017 • applicant which is what we always want to do when granting a variance so I would be voting in favor. Any other comments? Would someone like to make a motion? Yusuf I can do it. Aller: Commissioner Yusuf. Yusuf. The Chanhassen Board of Appeals and Adjustments approves a variance request to allow an intensification of an existing non -conforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, subject to the conditions of approval and adopts the attached Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Weick: Second. Undestad: Second. Aller: Having a motion and a second, any further discussion? Yusuf moved, Weick seconded that the Chanhassen Board of Appeals and Adjustments approves a variance request to allow an intensification of an existing non -conforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, subject to the following conditions and adopts the attached Findings of Fact and Decision: 1. The applicant must apply for and receive a building permit. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Aller: Good luck sir. Steve Keuseman: Thank you. APPROVAL OF MINUTES: Commission Yusuf noted the verbatim and summary Minutes of the Planning Commission meeting dated April 18, 2017 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Aller: City Council action update. Chanhassen Planning Commission — May 2, 2017 • Aanenson: Well we didn't have any items that went to the last City Council meeting. I just remind everybody next Monday we're having the 50' Anniversary of the City so that's going to be right out here in front of City Hall so anybody that wants to come to that 5:30 and cake and sandwiches and a ceremony. Aller: And that invitation is not only to the Planning Commission but those of you at home as well. Aanenson: Right. Yusuf: Isn't there a weather permitting comment. Aanenson: Yeah, yeah. If it's raining they'll come inside but right now it says 69 and sunny so. Yusuf. Awesome. Aller: It's always 69 and sunny here. Aanenson: Exactly, perfect. Just take a minute to go through the Planning Commission upcoming items. Aller: Please. Aanenson: We have scheduled for the May 16'", your next meeting is the Avienda. We've talked to the applicant about that. There's some issues that I'm not sure we've got enough detail to continue with the report so we've asked for some additional time. I'm not sure where we are on that so we'll let you know. If not we didn't schedule anything for the comp plan because we figured that would take quite a bit of time so if that does move we will let you know as soon as possible. Hopefully we'll know by tomorrow and then we would move that to the June 6' meeting. Therefore we'd probably move some of those other land use items down. We are working on the Frontier project. Sharmeen Al-Jaff is working on that. I think the architecture is coming together really nice so you'll see that with the Aldi. That also may bump down a meeting. We had that scheduled for the June 6'b but that may bump down. We'll find out. 'Their submittal date is this Friday so we'll keep you posted on that. And then also the Klingelhutz property. We have a good project on there. A townhouse project so I think that will also be coming in potentially June 20'h so you've got a couple of big meetings coming up here. And as I stated before we're trying to supplement, put some of the chapters in and get you up to speed on those before we have some public comment as we move to July and August and then have some, take those out to National Night Out and the 4' of July so we'll be trying to get your more information on that. So that's all I have right now. Those are the bigger projects that are coming in. MacKenzie might have a couple other variances coming forward so that's it and I'll keep you posted on upcoming agendas. 10 Chanhassen Planning Co• ission — May 2, 2017 • Aller: Great, thank you. Any further items? Seeing none and hearing none I'll entertain a motion to adjourn. Commissioner Weick moved to adjourn the meeting. Chairman Aller stated it was non - debatable. The Planning Commission meeting was adjourned at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 11 Chanhassen Planning Commission — May 2, 2017 The sign's height measured from grade shall not exceed 12.75 feet, including temporary banner mounts. 2. The sign shall be constructed with individual pole wraps to minimize the visual impact of it's supports. 3. The sign shall be a minimum of 45 feet from the northern edge of Tanadoona Drive and a minimum of 10 feet west of the Highway 41 right -of --way. 4. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign on city property. This encroachment agreement shall include language staring that if Highway 41 and/or Tanadoona Drive are widened the City can require the sign to be moved or removed if the sign's location impedes sight lines. 5. The applicant must apply for and receive the required sign permits from the City. 6. The ground low profile sign must meet the sign code's design criteria. Temporary banners may only be displayed from January I' to September 30's. 8. Temporary banners must be maintained in good repair. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: 3622 RED CEDAR POINT ROAD: REOUEST FOR A VARIANCE FOR A GARAGE ROOF HEIGHT. Walters: Alright this is Planning Case 2017-09. 3622 Red Cedar Point Road variance. The applicant is requesting to intensify a non -conforming garage by increasing it's height by 2 feet. It's located at 3622 Red Cedar Point. This area is zoned residential. Typical zoning is a 20,000 square foot lot. 30 foot front yard setbacks. 10 foot side yard setbacks. 25 percent hard cover and residential buildings are limited to 35 feet in height in this zoning area. As I mentioned this is a non -conforming use. I was not able to ascertain the date of the original, original house but I believe it was in the mid 60's. That house is shown in, oh I'm sorry it cleared my pointer on me. In red here. In 1983 that house was demolished but the original detached garages were allowed, were kept so those are non -conforming uses that are located within the front yard setback and side yard setback. When the new house was built in 1983 it was attached to one of the existing detached garages and the existing conditions on the property are the pre-existing garages are in blue here and you can see here where this one's in the front yard setback and this area in red is the section that requires the height variance. The applicant is allowed to replace any non- conforming structure at it's current intensity. However because they are proposing to increase the height of the garage that is in the side and front yard setback they require a variance because SCANNED Chanhassen Planning Commission — May 2, 2017 it's intensifying the non -conformity. They will not be encroaching more into the setback but it will be taller within the setback. So the proposed project is increasing the height of the garage to 15.5 feet. That's a 2 foot increase in height. The goal of doing this is to allow them to replace the existing 7 foot high garage doors with 8 foot high garage doors. As I mentioned this isn't going to increase the encroachment to the setback. It's just the height of the structure. The applicant has stated they need 8 foot high garage doors to allow them to park taller vehicles within the garage and to store larger accessory vehicles. Essentially as time's gone on vehicles have gotten larger and the original garage height is no longer sufficient. You can see there's a little bit of a height differential between this section which was the original detached garage and the part that was built in 1983. The other purpose of raising is going to be to even out that roof line. This center section would increase by one foot. This section would increase by two feet. And then over here on the left is just a full scope of work they're doing. Most of this does not require the variance but just to provide some context. They will be removing a non -conforming structure in a shed, deck and patio back here and stairs here which will decrease the property's non -conforming hard cover. I believe this one is being rebuilt exactly as it was and then as I mentioned this section is going to be expanded and this addition is legal and within code and does not require a variance. The proposed height is significantly less than would theoretically be allowed by city code for the region were outside the setbacks. Residential garage doors are typically 7 or 8 feet. Most new houses, maybe not most. A lot of new houses are going in with 8 foot garage doors so it's not an unreasonable or atypical garage door size. As the applicant noted larger vehicles cannot fit under the 7 foot garage doors. The city code does not restrict garage door height within residential districts. In theory individuals can put in 12 foot garage doors if they choose. Regarding the general neighborhood. It's one of the oldest neighborhoods in the city. Many properties are non -conforming. I was able to find 12 variances granted for 29 properties within 500 square feet and staff recommends approval of this variance. If you have any questions I'd be happy to answer them at this time. Aller: Any questions for staff at this point? Seeing none we'll go ahead and ask the applicant to come forward. If you could state your name and address for the record sir. Steve Keuseman: Yeah I'm Steve Keuseman. I've lived at 3622 Red Cedar Point Road for on and off for 54 years. Aller: Welcome. Tell us about your project. Steve Keuseman: We're actually remodeling the whole house and we're rebuilding the garages because as he stated that one garage that we want the new roof on, well it's going to be a new garage and with the additional height. That garage was built in about 1965. My father built that and you know back then the existing vehicles were a lot lower than they are now. Like my son has a Suburban that has roof racks on it. We can barely get that in the garage. And if you can get it in the garage you can't even hardly jack it up to change your oil so that's part of the reason why we need the height. Plus you know if you're carrying a ladder or 2 by 4 or something you just you know bang, you hit the light in the ceiling and that and so that's part of it. And then it'd R Chanhassen Planning Commission — May 2, 2017 just be a lot nicer for things. My son has a boat also that he backs in the garage and has a wakeboard tower on it. He can't put his wakeboard tower up in the garage so like if he wants to get in the boat and clean it out, take things in or out or something, he can't lift the tower up in the garage. He couldn't put it, he'd have to have about a 10 foot door, high door to back it in with the tower up. But he'd just like to be able to put it up once it's in the garage you know. Like I say we've lived there for 54 years and my son is going to, my son and his wife are going to live there also because we have like a full apartment downstairs. We built in '84. We built it that way at that time and we wanted my parents were going to live downstairs and I was going to take care of my parents in their later years. Well unfortunately things didn't work out that way and but hopefully it will work out that way now and we plan on living there another 54 years so we really like the area. We like Chanhassen so we'd just like 2 more feet in the garage you know in the height. Aller: We love Chanhassen too sir. Just for the record your son is not going to live in the garage right? Steve Keuseman: No, no, no, no, no. Aller: Just when he's in hot water. Steve Keuseman: You want to talk Matthew? Okay no. And by the way he is a Captain on the fire department here in Chan. Aller: Awesome, thank you. Steve Keuseman: So I don't know Bob do you want to say anything? Bob Mattson: They pretty much said it. Steve Keuseman: Yeah I didn't really have to say anything. The gentleman over here pretty much said all I want to say. I think my son's wife actually sent in a letter saying the reasons why we wanted to do this you know. Aller: Great. Steve Keuseman: And it's not for, we don't have any ulterior motives. We just want a little more height in the ceiling you know. Aller: Awesome, well thank you very much sir. Steve Keuseman: Yeah thank you. b7 Chanhassen Planning Commission — May 2, 2017 Aller: Any questions? None. Alright we'll open up the public hearing portion of this item. Anyone wishing to come forward to speak for or against the request can do so at this time. Seeing no one coming forward to speak we'll close the public bearing and open it up for discussion. Weick: It's a good project. Tietz: Andrew it looks like, if I may ask the gentleman, the owner. Aller: Commissioner Tietz. Tietz: It looks like where the excavation where you took out that free standing garage closest to the road. Steve Keuseman: Yeah. Tietz: It looks like you found a little bit of rubble under there. Steve Keuseman: Well yeah, yeah. It had the old walls where they were rock and cement. Tietz: Yeah. Steve Keuseman: Yeah so. Tietz: Yeah it looks like you ran into some interesting things there. Steve Keuseman: Oh yeah. See my dad, a lot of the stuff that was in there was from my father so we had, and the foundation wasn't safe. I didn't want, see there was a basement. There's a basement under that garage. Tietz: Oh there was. Steve Keuseman: And we're going to rebuild it with a basement under it so on top we can store a car and underneath we can put our lawnmowers and stuff. Tietz: Interesting, okay. Aller: Thank you. Tietz: Thank you yeah. Aller: Any additional questions based on Commissioner Tietz' question? No, okay. Any comments? I think it's a great project. I think it's certainly limiting itself to the needs of the Chanhassen Planning Commission — May 2, 2017 applicant which is what we always want to do when granting a variance so I would be voting in favor. Any other comments? Would someone like to make a motion? Yusuf: I can do it. Aller: Commissioner Yusuf. Yusuf: The Chanhassen Board of Appeals and Adjustments approves a variance request to allow an intensification of an existing non -conforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, subject to the conditions of approval and adopts the attached Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Weick: Second, Undestad: Second. Aller: Having a motion and a second, any further discussion? Yusuf moved, Weick seconded that the Chanhassen Board of Appeals and Adjustments approves a variance request to allow an intensification of an existing non -conforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, subject to the following conditions and adopts the attached Findings of Fact and Decision: The applicant must apply for and receive a building permit. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Aller: Good luck sir. Steve Keuseman: Thank you. APPROVAL OF MINUTES: Commission Yusuf noted the verbatim and summary Minutes of the Planning Commission meeting dated April 18, 2017 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Aller: City Council action update. W Chanhassen Planning Commission — May 2, 2017 Aanenson: Well we didn't have any items that went to the last City Council meeting. I just remind everybody next Monday we're having the 50t° Anniversary of the City so that's going to be right out here in front of City Hall so anybody that wants to come to that 5:30 and cake and sandwiches and a ceremony. Aller: And that invitation is not only to the Planning Commission but those of you at home as well. Aanenson: Right. Yusuf Isn't there a weather permitting comment. Aanenson: Yeah, yeah. If it's raining they'll come inside but right now it says 69 and sunny so. Yusuf Awesome. Aller: It's always 69 and sunny here. Aanenson: Exactly, perfect. Just take a minute to go through the Planning Commission upcoming items. Aller: Please. Aanenson: We have scheduled for the May 16', your next meeting is the Avienda. We've talked to the applicant about that. There's some issues that I'm not sure we've got enough detail to continue with the report so we've asked for some additional time. I'm not sure where we are on that so we'll let you know. If not we didn't schedule anything for the comp plan because we figured that would take quite a bit of time so if that does move we will let you know as soon as possible. Hopefully we'll know by tomorrow and then we would move that to the June 6' meeting. Therefore we'd probably move some of those other land use items down. We are working on the Frontier project. Sharmeen Al-Jaff is working on that. I think the architecture is coming together really nice so you'll see that with the Aldi. That also may bump down a meeting. We had that scheduled for the June Oh but that may bump down. We'll find out. Their submittal date is this Friday so we'll keep you posted on that. And then also the Klingelhutz property. We have a good project on there. A townhouse project so I think that will also be coming in potentially June 20'b so you've got a couple of big meetings coming up here. And as I stated before we're trying to supplement, put some of the chapters in and get you up to speed on those before we have some public comment as we move to July and August and then have some, take those out to National Night Out and the 4's of July so we'll be trying to get your more information on that. So that's all I have right now. Those are the bigger projects that are coming in. MacKenzie might have a couple other variances coming forward so that's it and I'll keep you posted on upcoming agendas. 10 F Chanhassen Planning Commission — May 2, 2017 After: Great, thank you. Any further items? Seeing none and hearing none I'll entertain a motion to adjourn. Commissioner Weick moved to adjourn the meeting. Chairman Aller stated it was non - debatable. The Planning Commission meeting was adjourned at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 11 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN CARVER & HENNEPIN Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized COUNTIES agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- NOTICE OF PUBLIC HEARING lager and has full knowledge of the facts herein stated as follows: PLANNING CASE NO.2017-09 NOTICE IS HEREBY GIVEN (A) These newspapers have complied with the requirements constituting qualification as a legal that the Chanhassen Planning newspaper, as provided by Minnesota Statute 331 A.02, 33IA.07, and other applicable laws, as Commission will hold a public amended. hearing on Tuesday, May 2, 2017at 7:00 p.m. in the Council Chambers (B) The printed public notice that is attached to this Affidavit and identified as No. IJo in Chanhassen City Hall, 7700 was published on the date or dates and in the newspaper stated in the attached Notice and said Markehearing Blvd. The purpose of this Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of eating ' t c consider a g a request the new specified. Printed below is a c of the lower case alphabet from A to Z, both fora variance fora garage roof Per � g the height located at 3622 Red Cedar inclusive, and is hereby acknowledged as being the kind and size of type used N the composition I Point Road, Lot 3, Block 4, Red and publication of the Notice: Cedar Point Lake Minnewashta. Applicant: Mattson Schuster abcdetgIq klmnopgrstu LLC, Owner: Steve & Marsha - Eeuseman. A plan showing the location of the proposal is available Y for public review on the city's Laurie A. Hartmann web site at wwwci.cbanhassen. mn.us/2017-09 or at City Hall during regular business hours. All interested persons ate invited Subscribed and sworn before me on to attend this public hearing and express their opinions with / respect to this proposal. �� of (f'a'y�� , MacKenzie Walters this y 2017(/ Email: mwalters@ ci.chanhassen.mn.us Phone: 952-227-1132 (Published in the Chanhassen J`MME JEANNETTE BARK Villager on Thursday, April 20, 2017: No. 4446) NO'.AAf NBX - M'NNE%TA No nblic •,, ;, k1YCOWMOSIONMRES0113i/'3 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 PC DATE: May 2, 2017 9 , 2 CC DATE: May 22, 2017 rCITY OF CHANHASSEN r 9NH ASS PROPOSED MOTION: REVIEW DEADLINE: April 20, 2017 CASE #: 2017-09 BY: MW "The Chanhassen Board of Appeals and Adjustments approves a variance request to allow an intensification of an existing nonconforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, subject to the conditions of approval and adopts the attached Findings of Facts and Decisions." (Note: A motion for denial and appropriate findings of fact are also included at the end of the report.) i r�EWN SUMMARY OF REQUEST: The applicant is requesting a variance to increase the height of a portion of the existing attached garage within the required front and side yard setbacks by 2 feet in order to allow for the installation of 8-foot high garage doors. This would increase the total height of this section of garage from 13.5-feet to 15.5-feet. Increasing the garage door height from 7-feet to 8-feet will allow the homeowner to store larger vehicles and accessory vehicles within the garage. A variance is required because the existing garage is a nonconforming use, and increasing its height would be expanding an existing nonconformity. LOCATION: 3622 Red Cedar Point Rd (PID 256600030) APPLICANT: Mattson Schuster LLC. 332 2°d Street Excelsior, MN 55331 OWNER: Steve and Marsha Keuseman 3622 Red Cedar Point Rd. Excelsior, MN 55331 PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: .34 acres DENSITY: NA Planning Commission 3622 Red Cedar Point Road — Variance Request May 2, 2017 Page 2 of 7 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. PROPOSAUSUMMARY The current home was constructed in 1984. At that time, the applicant also constructed a section of garage to attach the new home to an existing detached garage. The newly built section complied with the required front yard setback. The detached garage was a 13.5-foot high nonconforming use located within the property's 30-foot front yard and 10-foot side yard setbacks. This formerly detached structure is now part of the existing attached garage and is still considered a nonconforming use, meaning the applicant can repair or replace it in its current location and at its current dimensions. The property owner is in the process of renovating their home and is requesting a variance to increase the height of the section of their attached garage within the required yard setbacks by 2 feet in order to allow for the installation of 8- foot high garage doors. The applicant has stated that they need 8-foot high garage doors in order to allow them to store their larger vehicles and accessory vehicles within the garage. Currently M LAKE AM NAWASNTA I I I \ QRemovedAddition t �f R O R"Id ®VUW=Req®ed ..—�.. — Steen i WrsBs i `. A"euseman Residence I �'- " - _ •- E451NL /MId[PfA py � Sops• iY M.. MM. •r. �_qqO •ntiawa4t D�•r � O� h ,ism" xousA L i RECEIVED- a� Li ........... I `� II`' • 1 51 E vow- _A the vehicles cannot fit under the garage's 7-foot high garage doors. Increasing this section of the garage's height by 2 feet will also allow the homeowner to create a uniform roof height between the two different garage sections. Planning Commission 3622 Red Cedar Point Road — Variance Request May 2, 2017 Page 3 of 7 APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article 11, Division 3, Variances Chapter 20, Article II, Division 4, Nonconforming Uses Chapter 20, Article Vii. Shoreland Management District Chapter 20, Article 31I. "RSF" Single-family residential district Section 20-615. Lot requirements and setbacks. BACKGROUND On December 5, 1983, the city issued a building permit for the single-family residence. Letters and the 1983 survey indicate that this house replaced a preexisting single-family residence on the property and that two preexisting detached garages were retained from the original residence. The larger of these garages was connected to the new house. Staff believes the original residence and detached garages were built in the mid-60s, but has not been able to verify the date of their construction. On March 31, 2017, the homeowner applied for a 4 phase remodeling project. The first is replacing the existing detached garage at the same footprint and height; the second, is remodeling the main floor; the third, is remodeling the lower level; and the fourth, is the garage demolition and rebuild that is the subject of this report. SITE CONDITIONS The property is zoned Single -Family Residential and is located within the city's Shoreland Management District. This zoning district requires lots to be a minimum of 20,000 square feet, have front yard setbacks of 30 feet, rear yard setbacks of 75 feet from the lakes ordinary high water level, side yard setbacks of 10 feet, and limits hardcover to a maximum of 25 percent of lot area. Residential structures are limited to 35 feet in height. The lot is 16,323 square feet, and currently has 4,796 square feet of impervious surface resulting in 29.4 percent lot coverage. Recently submitted plans would reduce this to 4,351 square feet of impervious surface, which would equal 27.2 percent lot coverage. Portions of both the detached and attached garages are located within the property's required front and side yard setbacks. These sections were part of the original pre-1984 house and, along with the existing hardcover and smaller lot size, are considered non -conforming uses. Planning Commission 3622 Red Cedar Point Road — Variance Request May 2, 2017 Page 4 of 7 Red Cedar Point The plat for this area was recorded in August of 1913.Over the subsequent century the City of Chanhassen was formed, a zoning code was passed, the zoning code was amended numerous times, and buildings were built, demolished, and rebuilt to meet the standards and needs of the existing ordinances. Some of the area's roads were not constructed within their designated right of way. In some areas, this has led to portions of buildings being located in the right of way and portions of the roads being located within residents' property. Most current parcels are the result of several of the original lots being consolidated under a single owner. These factors combine to mean that very few properties in the area meet the requirements of the city's zoning code. Many properties either are non -conforming uses or are operating under a variance. Variances within 500 feet: 80-08 3629 Red Cedar Point Rd: Approved- 12' front setback, 3-foot side setback, +1.5' side setback for (chimney), 20-foot lot width, 40-foot lot frontage, 13,000 square feet lot area (house) 81-08 3607 Red Cedar Point Rd: Approved- 13.5-foot lake setback (deck) 84-02 7201 Juniper Ave: Approved- 8.66-foot front setback (addition) 88-11 3605 Red Cedar Point Rd: Approved- 4-foot E side setback, 2-foot W side setback, 26- foot lake setback (garage, addition intensifying non -conforming) 92-01 3607 Red Cedar Point Rd: Approved- 1.5-foot side setback, 14.5-foot lake setback (addition expanding non -conforming) 93-07 3618 Red Cedar Point Rd: Approved- 8-foot side setback, 15-foot lake setback (deck and porch) 96-04 3705 South Cedar Drive: Approved- 3-foot side setback, 31-foot lake setback, 501/o hardcover (house) 04-07 3637 South Cedar Drive: Approved-19.25-foot front setback, 4-foot lake setback, than 40% hardcover (addition) 08-04 3633 South Cedar Drive: Approved- 20.2-foot front setback, 8-foot side setback (house) 09-15 3625 Red Cedar Point Rd: Approved- 15.5-foot front setback, 6.5-foot E side setback, 9-foot driveway setback, 18.5-foot lake setback, 37.3% hardcover, allow one car garage (house) Planning Commission 3622 Red Cedar Point Road — Variance Request May 2, 2017 Page 5 of 7 15-14 3603 Red Cedar Point Rd: Approved- 20.2-foot front setback, 17-foot lake setback (two-story attached garage) 16-11 3627 Red Cedar Point Rd: Approved- 13.6-foot lake setback, 29.8% hardcover (home) ANALYSIS Intensification of Existing Non -Conformity The 1983 survey, pictured right, shows two pre-existing detached garages. The smaller single car garage is partially located within the required front yard setback and the larger two -car garage is partially located within the required front and side yard setbacks. When the homeowners constructed a new single-family home in 1984, they demolished the existing house but attached the new home to the existing two -car garage. The portions of both of these buildings located within the required setbacks are considered nonconforming uses and may be repaired or rebuilt at their current dimensions, but may not be enlarged without a variance. The applicant will be demolishing and rebuilding the single car garage in the same location and with the same dimensions as the existing structure, as permitted by Section 20-72(a) of the city code. E[a5 ' comltim.(]U195un ) \ f KF .Yfj �'E\A=iITA W11am t� a' a _ _ m The applicant is not proposing to further encroach on the required front or side yard setback; however, the applicant is also proposing increasing the height of the portion of the attached garage built in 1984 by 1 foot and increasing the height of the pre-1984 attached garage by 2 feet. The applicant could increase the height of the sections of the attached garage located outside of the required front and side yard setbacks without a variance; however, that would not allow them to increase the height of the two -car garage door. Rising the height of the attached garage within those setbacks would increase its height from 13.5 feet to 15.5 feet. It should be noted that the city code defines building height as being the height from grade to the average height of the highest gable on a pitched or hipped roof. The height of the highest gable of the rebuilt garage would be 19 feet. The 2010 survey, pictured left, shows the portions of the garage which would require a variance. Planning Commission 3622 Red Cedar Point Road — Variance Request May 2, 2017 Page 6 of 7 Building Height Principle structures in Residential Single Family Districts are limited to a height of 35 feet, and accessory structures are limited to a height of 20 feet. There is currently a 1-foot difference in height between the two sections of the garage. The applicant intends to create a uniform roof height between the two sections. The proposed height of 15.5 feet falls well short of the district's height limits, and would be allowed by the code if a portion of the attached garage was not located within the front and side yard setbacks. Due to the structure only being setback 5.2 feet from the eastern lot line the garage's height does have a higher impact on the neighboring property, however, the neighboring home is situated further back on its lot, somewhat mitigating this impact. Still there is only 11.95 feet separating the foundation of the garage from the foundation of the neighboring house. Garage Door Height The city code does not place any restrictions on the height of garage doors within residential districts. Residential garage doors are typically 7 to 8 feet tall. Heights over 7 feet are required to accommodate larger vehicles with roof mounted racks/storage and recreational vehicles. Some modem residential garages designed to accommodate recreation vehicles feature doors up to 12 feet high. The applicant has stated that they require the larger garage doors in order to allow them store their larger vehicles and accessory vehicles within the garages. It may be preferable to grant a variance to increase the intensity of a nonconforming use rather than have the applicant store vehicles outdoors; however, the applicant could raise the portion of the garage located outside of the front and side yard setback in order to install an 8-foot high garage door with requiring a variance. Impact on Neighborhood Red Cedar Point is one of the oldest neighborhoods in the city. Many of its properties are non- conforming uses, and 12 of the 29 properties within 500 feet of 3622 Red Cedar Point Rd have been granted a variance. Six of these variances are for reduced front yard setbacks, and seven involved reducing at least one side yard setback. Two variances were granted to allow for the construction or modernization of garages, and another two variances are for additions increasing a nonconforming use. Planning Commission 3622 Red Cedar Point Road — Variance Request May 2, 2017 Page 7 of 7 An on foot inspection of the neighborhood has lead staff to believe that most of the garage doors within 500' are approximately 7 feet tall, with two or three that may be 8 feet tall. Visually many garages appeared to be taller than the proposed garage addition; however, many older garages in the area are of similar height to the current garage. SUMMARY The applicant wishes to increase the height of their attached garage by 2-feet in order to allow them install 8-foot garage doors. The applicant has stated they need the 8-foot high doors to accommodate some of their larger vehicles. The proposed height of the garage is allowed by the ordinance; however, it is a non -conforming use partially located within the property's front and side yard setbacks. Intensifying this use requires a variance. The applicant could increase the height of a portion, though not all, of the garage without a variance. Staff believes that the proposed height increase will not negatively impact the surrounding neighborhood, and that the request addresses an issue caused by the age of the structure and subdivision. RECOMMENDATION Staff recommends that the Planning Commission approve the variance request to allow an intensification of an existing nonconforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, subject to the following conditions: 1. The applicant must apply for and receive a building permit. Should the Planning Commission deny the variance request to intensify the nonconforming use, it is recommended that the planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen Board of Appeals and Adjustments denies a variance request to allow an intensification of an existing nonconforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, and adopts the attached Findings of Facts and Decisions. ATTACHMENTS 1. Finding of Fact and Decision Approval 2. Finding of Fact and Decision Denial 3. Development Review Application 4. Public Hearing Notice Mailing List 5. Variance Document G:\PLAN\2017 Planning Cases\17-09 3622 Red Cedar Point Rd\PC Staff Report-3622 Red Cedar Point Rd.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Mattson Schuster LLC. on behalf of Steve and Marsha Keuseman for variance to increase the height of a portion of the existing attached garage within the required front and side yard setbacks by 2 feet on a property zoned Single Family Residential District (RSF)-Planning Case 2017-09 On May 2, 2017, 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 3, Block 1, Red Cedar Point Lake 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 City Code requires that every house has a two -car garage in order to ensure that vehicles are stored in compliance with the City's outdoor storage ordinance. Increasing the height of an older garage to allow for the storage of larger vehicles is in line with the intent of the code. The proposed height is less than the maximum height for structures within residential districts. 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: Residential garage doors are commonly between 7 and 8 feet height. The applicant's proposal to install 8-foot high garage doors to allow for the storage of larger vehicles is reasonable. The applicant cannot install the larger doors without increasing a non -conforming use. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is to accommodate the storage of larger vehicles and is not based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is located in one of the oldest parts of the City. Portions of the existing house and garages were built before the current zoning code was enacted. This has resulted in portions of both garages being located in required setbacks. The non- conforming location of these structures is due to their age and subsequent changes in the city code, rather than to the actions of the homeowner. e. The variance, if granted, will not alter the essential character of the locality. Finding: This area of the City is has many garages and homes located within the required yard setbacks and over one third of properties within 500 feet have been granted a variance. Increasing this non -conformity's height by 2 feet will not impact the character of the area. 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 #2017-09, dated May 2, 2017, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves the variance request to allow an intensification of an existing nonconforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, subject to the following conditions: 1. The applicant must apply for and receive a building permit." ADOPTED by the Chanhassen Planning Commission this 2nd day of May, 2017. CITY OF CHANHASSEN Chairman CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of Mattson Schuster LLC. on behalf of Steve and Marsha Keuseman for variance to increase the height of a portion of the existing attached garage within the required front and side yard setbacks by 2 feet on a property zoned Single Family Residential District (RSF)-Planning Case 2017-09 On May 2, 2017, 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 3, Block 1, Red Cedar Point Lake 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 zoning ordinance establishes side yard setbacks in order to provide a visual separation and buffer between residences. Increasing the mass of an attached garage located within this setback would not be in line with the intent of the zoning code. 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 homeowner has four garage stalls, and could raise a portion of the existing garage to accommodate larger vehicles. They can accomplish their goals within the boundaries established by the City's zoning code. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is to accommodate the storage of larger vehicles and is not based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is located in one of the oldest parts of the City. Portions of the existing house and garages were built before the current zoning code was enacted. This has resulted in portions of both garages being located in required setbacks. The non- conforming location of these structures is due to their age and subsequent changes in the city code, rather than to the actions of the homeowner. e. The variance, if granted, will not alter the essential character of the locality. Finding: This area of the City is has many garages and homes located within the required yard setbacks and over one third of properties within 500 feet have been granted a variance. Increasing this non -conformity's height by 2 feet will not impact the character of the area. 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 #2017-09, dated May 2, 2017, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments denies a variance request to allow an intensification of an existing nonconforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks." ADOPTED by the Chanhassen Planning Commission this 2°d day of May, 2017. C= OF CHANHASSEN M Chairman COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 CITY OF CHANHASSEN APPLICATION FOR DEVELOPMENT REVIEW I 3aSubmittal Date: I T PC Date: CC Date: 2 z- 60.Day Review Date: Section 1: Application .- apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence................................$325 ❑ All Others ..................... .................................... $425 ❑ Interim Use Permit (]UP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD)..................$750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review...................................................$150 ❑ Site Plan Review (SPR) ❑ Administrative..................................................$100 ❑ Commercial/Industrial Districts.......................$500 Plus $10 per 1,000 square feet of building area: thousand square feet) 'Include number of existing employees: 'Include number of new employees: ❑ Residential Districts.........................................$500 Plus $5 per dwelling unit (_ units) JN Notification Sign (City to install and remove) .......................... ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots .......................$600 + $15 per lot L- lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat..........................................................$700 (Includes $450 escrow for attorney costs)' 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ❑ Property Owners' List within 500' (City to generate after pre -application meeting) ............ $200 ......... $3 per address addresses) ❑ Escrow for Recording Documents (check all that apply) ......................................... .. ................ $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements ( easements) TOTAL FEE: Description of Proposal: Property Address or Location: Parcel #: Total Acreage: Present Zoning: Select One Section 2: Required Information 36'22 )ed C Legal Description: L ? J []Yes ® No Requested Zoning: Select One Present Land Use Designation: Select One Requested Land Use Designation: Select One Existing Use of Property: T -., ,p fawll)' A.114 ttli.1 Wetlands Present? TF 0 Check box is separate narrative is attached. Section 3: Property Owner . Applicant 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: Mattson Schuster LLC. Contact: Adam Address: 332 2nd Street Phone: (612) 741-1029 City/State/Zip: Excelsior, MN. 55331 Cell: (612) 741-1029 Email: majtsonschuste@gmail.Gom Fax: Signature: � �'� _G✓sow.�� Date: 4/3/17 PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Steve 8 Marsha Keuseman Contact: Keuseman Address: 3622 Red Cedar Point Phone: (612) 802-1953 City/State/Zip: Excelsior, MN 55331 Cell: Email: mekeuseman@hotmail.com Fax: Signature: yip ,, Date: 4/3/17 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital Copy to the City for processing (required). SAVE FORM PRINT FORM SUBMR FORM Mattson Schuster 332 Second Street Excelsior, MN 55331 612-741-1029 To Whom It May Concern: The project at 3622 Red Cedar Point Road, Excelsior MN 55331 will be completed in four (4) separate phases. The first phase will involve tearing down the existing detached garage, and then rebuilding the garage on the same footprint as the old garage. The second phase will involve demolition of the main floor in the house, then remodeling the main floor. The third phase will involve demolition of the lower level in the house, then remodeling the lower level. The fourth and final phase will involve a tear down of the existing attached garage, then rebuilding the garage with an addition on the same footprint as the old garage. Regards, Robert Mattson & Adam Schuster MattsonISchuster R Pr- M® A1HR 31 2917 CHANHASSAN INSPECTIONS Steve & Marsha Keuseman 3622 Red Cedar Point Road Excelsior. MN 55331 March 31, 2017 To Whom it May Concern: Our family has lived at 3622 Red Cedar Point Road since the early 1960's and we are thrilled to be renovating our 1984-built home for the third and fourth generations of Keuseman's. The renovation includes complete interior improvements as well as new siding, windows, and roofing for the exterior. Part of the renovation includes improving the existing attached garage structure. A portion of the garage was built in 1984 to attach to an older structure and, as a result, has two different roof heights. We are endeavoring to level the garage roof to a consistent height and increase the garage doors height from 7'-0" to 8'-0". In order to equalize the roof height and accommodate the 8'-0" standard garage door height, we request approval to increase the roof height by 12" on one section and 24" on the other. This will also allow us the ability to store our larger vehicles and accessory vehicles within the garages which cannot currently be accomplished with the 7'-0" garage doors. We are excited about this renovation project and what it will provide for our family's future. We thank you for your consideration of this request and are open to answering any questions that may arise during your review. Kind Regards, Steve & Marsha Keuseman CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on April 20, 2017, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of a request for a variance for a garage roof height located at 3622 Red Cedar Point Road, Lot 3, Block 4, Red Cedar Point Lake Minnewashta 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. Kim . Meuwissen, Deputy erk Subscribed and sworn to before me this _Z _ day of I 12017. U,Not6 Public ifENNIFER ANN POTTERNotary Public-Minnesotay conen4. an E pw_ W 31, 2020 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 2, 2017 at 7:00 p.m. This hearing may not start until ' later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a variance for a garage roof height located at Proposal: 3622 Red Cedar Point Road, Lot 3, Block 4, Red Cedar Point Lake Minnewashta. Applicant: Mattson Schuster LLC Property 3622 Red Cedar Point Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2017-09. If you wish to talk to someone about this project, please contact MacKenzie Walters by email at saljaf(cDci chanhassen.mn.us or by phone Questions S at 952-227-1132. If you choose to submit written comments, it Comments: is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdidslons. 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 propedy within 500 feel of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a pan of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly a pertly Me Planning Commission's recommendation. Rezonings, land use add cork amendments take a simple majority vote of the City Council except rezonings add land use amendments from residential to commerciallndustrial. • Minnesota Stale Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard, Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. e A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meal with the neighborhood regarding their proposal. Staff is also availade to review Me project Win any interested person(s). • Because the Planning Commission holds the public heading. Me City Council does not. Minutes are taken and any correspondence regarding the applicatlon 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 Manning Staff Person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date &Time Tuesday, May 2, 2017 at 7:00 p.m. This hearing may not start until ' later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a variance for a garage roof height located at Proposal: 3622 Red Cedar Point Road, Lot 3, Block 4, Red Cedar Point Lake Minnewashta. Applicant: Mattson Schuster LLC Property 3622 Red Cedar Point Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2017-09. If you wish to talk to someone about this project, please contact MacKenzie Walters by email at mwalters(cDci chanhassen.mn.us or by Questions 8 Phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations. Rezoning$, Comprehensive Plan Amendments and Code Amendments require a public having before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any Interested party is Invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a pad of the heating process. The Commission will close Me public heading and discuss the item and make a recommendation to the ally Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezoning$ and land use amendments from residential to commercialAndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersaNrepresenktive is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding Mar proposal. Staff is also available to review the project with any Interested personfs). • Because the Planning Commission holds Me public heading, the Oty Council does not. Minutes are taken and any comespondenca regarding the application will be included in the report to Me City Council. ff you wish to have something to be Included in the report, lease contact the planning Stag person named on the notiflweon. Taxpayer Name DOUGLAS B & JAMIE ANDERSON GARY ALAN PETERSON GREGORY G & JOAN S DATTILO MARY 10 ANDING BANGASSER RICHARD B & MARIANNE F ANDING PATRICIA SOUBA BETSY S ANDING JEAN D LARSON ALFRED & CARLOTTA F SMITH SCOT A LACEK STEVEN P & LAURIE A HANSON STEVEN E & MARSHA E KEUSEMAN DIANE LEESON ANDING EDWIN L & LIVIA SEIM KELLIE 1 GEIGER MARIA P KNIGHT DANIEL R FAGAN ILMARS ERIK DUNDURS CATHERINE J BLACK REV TRUST PETER J & KARRI J PLUCINAK THOMAS C & JACQUELINE JOHNSON GREGORY & JOAN DATTILO DANIEL P FAGAN ANVER L & ANNE K LARSON JILL D HEMPEL MICHAEL L CORRIGAN PAUL REIMER LIVING TRUST BOHRER Taxpayer Address 3607 RED CEDAR POINT RD 1769 20TH AVE NW 7201 JUNIPER 3633 SOUTH CEDAR DR 3715 SOUTH CEDAR DR 431 PRAIRIE CENTER DR #114 3625 RED CEDAR POINT RD 3609 RED CEDAR POINT RD 3714 HICKORY RD 3630 HICKORY RD 5901 CARTER LN 3622 RED CEDAR POINT RD 3618 RED CEDAR POINT RD_ 292 CHARLES DR 3603 RED CEDAR POINT RD 3605 RED CEDAR POINT RD 3701 SOUTH CEDAR RD 3627 RED CEDAR POINT RD 3629 RED CEDAR POINT RD 3633 SOUTH CEDAR DR 3637 SOUTH CEDAR DR 7201 JUNIPER AVE 3701 SOUTH CEDAR DR 3705 SOUTH CEDAR DR 3707 SOUTH CEDAR DR 3711 SOUTH CEDAR DR 14455 WESTRIDGE DR 3628 HICKORY RD 3706 HICKORY RD 3490 MORNING LAKE DR #201 EXCELSIOR, MN 55331-7721 NEW BRIGHTON, MN 55112-5433 EXCELSIOR, MN 55331-9614 EXCELSIOR, MN 55331-9686 EXCELSIOR, MN 55331-9688 EDEN PRAIRIE, MN 55344-5376 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-9768 EXCELSIOR, MN 55331-9766 MINNETONKA, MN 55343-8966 EXCELSIOR, MN 55331-7720 EXCELSIOR, MN 55331-7720 SAN LUIS OBISPO, CA 93401-9204 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-9686 EXCELSIOR, MN 55331-9686 EXCELSIOR, MN 55331-9614 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9688 EDEN PRAIRIE, MN 55347-1700 EXCELSIOR, MN 55331-9766 EXCELSIOR, MN 55331-9768 BONITA SPRINGS, FL 34134-9161 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2017-09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves the variance request to allow an intensification of an existing nonconforming use by raising the attached garage height to 15.5 feet within the required front and side yard setback. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 3, Block 1, Red Cedar Point Lake Minnewashta. 3. Conditions. The variance approval is subject to the following conditions: a. The applicant must apply for and receive a building permit. 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: May 2, 2017 r.", (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) [a) I IV&) X61 M. 0 a:FNXya1►1 Denny Laufenburger, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this _ day of 2017 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN/ 7:A Application of Mattson Schuster LLC. on behalf of Steve and Marsha Keuseman for variance to increase the height of a portion of the existing attached garage within the required front and side yard setbacks by 2 feet on a property zoned Single Family Residential District (RSF)-Planning Case 2017-09 On May 2, 2017, 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 3, Block 1, Red Cedar Point Lake 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 City Code requires that every house has a two -car garage in order to ensure that vehicles are stored in compliance with the City's outdoor storage ordinance. Increasing the height of an older garage to allow for the storage of larger vehicles is in line with the intent of the code. The proposed height is less than the maximum height for structures within residential districts. 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 Finding: Residential garage doors are commonly between 7 and 8 feet height. The applicant's proposal to install 8-foot high garage doors to allow for the storage of larger vehicles is reasonable. The applicant cannot install the larger doors without increasing a non -conforming use. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is to accommodate the storage of larger vehicles and is not based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is located in one of the oldest parts of the City. Portions of the existing house and garages were built before the current zoning code was enacted. This has resulted in portions of both garages being located in required setbacks. The non- conforming location of these structures is due to their age and subsequent changes in the city code, rather than to the actions of the homeowner. e. The variance, if granted, will not alter the essential character of the locality. Finding: This area of the City is has many garages and homes located within the required yard setbacks and over one third of properties within 500 feet have been granted a variance. Increasing this non -conformity's height by 2 feet will not impact the character of the area. £ 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 42017-09, dated May 2, 2017, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves the variance request to allow an intensification of an existing nonconforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, subject to the following conditions: 1. The applicant must apply for and receive a building permit." ADOPTED by the Chanhassen Planning Commission this 2nd day of May, 2017. �ii1�-13SBI3z_ BY: Chairman CITY OF CHANHASSEN Chanhassen is Community for Lie -Providing forToday and Planning forTomorrow May 15, 2017 Steve and Marsha Keuseman 3622 Red Cedar Point Road Excelsior, MN 55331 Re: Height Variance, intensification of existing nonconforming Dear Mr. and Ms. Keuseman, This letter is to formally notify you that on May 2, 2017, the Chanhassen Planning Commission voted to approve the following motion: "The Chanhassen Board of Appeals and Adjustments approves a variance request to allow an intensification of an existing nonconforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, subject to the conditions of approval and adopts the attached Findings of Facts and Decisions." The conditions of the variance are as follows: 1. The applicant must apply for and receive a building permit." The variance is valid for one year from the approval date. The conditions placed on the variance must be met by May 2, 2018. If you have any questions, please contact me at 952-227-1132 or by email at mwalters(a)ci.chanhassen.mn.us. Sincerely, %ao twAAW MacKenzie Waiters Assistant Planner c: Building File G:\PLAN\2017 Planning Cases\17-09 3622 Red Cedar Point Rd\l.etta of Approval 17-09Aoc SCANNI��+ PH 952.227.1100 • www achanhassen.mn.US • F7t952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard CITY OF CgAN�SSEN Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 I Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the revle�% response ce�lolhne Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: April 4, 2017 April 20, 2017 March 31, 2017 Contact: Contact Phone: Contact Email: MacKenzie Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Assistant Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: May 2, 2017 at 7:00 p.m. May 22, 2017 at 7:00 p.m. May 30, 2017 Application: To consider a request for a variance for a garage roof height located at 3622 Red Cedar Point, Lot 3, Block 4, Red Cedar Point Lake Minnewashta.A licant: Mattson Schuster LLC, Owner: Steve & Marsha Keuseman. Planning Case: 2017-09 1 Web Page: www.ci.chanhassen.mn.us12017-09 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ® Fire Marsha ,I y� Watershed Districts: El Minnetonka ® Forester ko lDt1lW1 Shorewood IJ ® El Carver Carver County WMO Park Director El Victoria ® Water Resources ❑ Lower River El Law Enforcement ® Minnehaha Creek Adjacent Counties: ❑ Riley -Purgatory -Bluff Creek Carver County Agencies: ❑ HennepinUtilities: ❑ Scott ❑ Community Development ❑ Cable TV - Mediacom ❑ Engineer School Districts: ❑ Environmental Services ❑ Electric - Minnesota Valley [-IElectric- Xcel Energy ❑Eastern Carver County 112 El Historical Society El Parks ❑ Magellan Pipeline ❑ Minnetonka 276 El &Water Conservation District ❑ Natural Gas - CenterPoint Energy ❑ Phone - CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources Authority ❑ MN Landscape Arboretum El Health El Society ❑ SouthWest Transit El Natural Resources -Forestry El TC&W Railroad ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: George Donnelly, Building Official _ FROM: Don Ashworth, City Manager DATE: November 16, 1983 SUBJ: Definition of Single Family Dwelling You presently have an application pending for the constriction of a single family home in the Red Cedar Point area. The construc- tion plans are similar to any single family home with the excep- tion of having two (2) kitchens (bne up and one down). Secondarily, the applicant has stated that his parents would be residing in the home in the lower level. t You have posed the question as to whether your office can issue a building permit knowing the above facts. The above issue was presented to the City Attorney's office. In reviewing both the definition of a "single family" dwelling as well as the definition of "family", it was the Attorney's opinion that the mere presence of two complete kitchens does not constitute, by and of itself, a two family dwelling. Secondly, the persons proposed to live within the home do constitute a "family" under city ordinances. The City Attorney does caution your office in reviewal of these type of permits. A possibility always exists that a portion of the dwelling could, at a future date, be converted into a duplex. At the present time, City ordinances are not explicit enough to provide specific guidance to you. Mr. Knutson is recommending that the Planning Commission review and more explicitly define these two definitions as a part of the Zoning/Subdivision Ordinance modification process currently underway. In the interim, it is suggested that your office receive a state- ment from the applicant acknowledging that he is aware of Chanhassen ordinances prohibiting the rental or modification of the home to anything other than single family. It is my understanding that you have already obtained such a statement. uVuuC��yy November 16, 1981 Page 2 It is additionally recommended that, in the interim, that your office prepare a list of construction techniques/standards which are typical of duplex construction, i.e: - Multiple kitchen facilities - More than one main entrance - More than one driveway/garage - Separate services, e.g, two gas, water, or telephone services - Physical blockages from one part of the home to the other (not typical of single family construction) - Architectural/construction standards typical of duplex construction or appearance - Etc. As noted at the beginning of this memorandum, the inclusion of any one of the above construction techniques should not stop your office from issuance of a single family building permit. Again, where one questionable technique is employed, a permit can be issued. In any case where your office feels that two or!more of the above items have been included within a plan, your office should deny the application giving the applicant the right to appeal that decision to either this office or the City Council. Should you have questions regard*ng this memorandum, please feel free to contact me. cc: Roger Knutson, City Attorney Scott Martin, Community Development Director iJ Bob Waibel, City Planner Bob • Call this applicant as soon as possible. I told him he could get his permit on Thursday as legal opinion would have been received by then (today). However, he didn't tell me that he didn't meet setback requirements. Therefore, your letter stands in regards to that issue. _ COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 * CITY OFCHAN9ASSEN AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: April 4, 2017 Agency Review Response Deadline: Aril 20, 2017 Date Application Filed: March 31, 2017 Contact: Contact Phone: Contact Email: MacKenzie Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Assistant Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: May 2, 2017 at 7:00 p.m. May 22, 2017 at 7:00 p.m. May 30, 2017 Application: To consider a request for a variance for a garage roof height located at 3622 Red Cedar Point, Lot 3, Block 4, Red Cedar Point Lake Minnewashta.A licant: Mattson Schuster LLC, Owner: Steve & Marsha Keuseman. Planning Case: 2017-09 1 Web Page: www.ci.chanhassen.mn.us/2017-09 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 ❑ Law Enforcement Federal Agencies: ❑ Army Corps of Engineers ❑ US Fish & Wildlife Watershed Districts: ❑ Carver County W MO ❑ Lower MN River ® Minnehaha Creek ❑ Riley -Purgatory -Bluff Creek Carver County Agencies: Utilities: ❑ ❑ Community Development Engineer ❑ Cable TV — Mediacom ❑ Environmental Services ❑ Electric — Minnesota Valley ❑ Historical Society ❑ Electric —Xcel Energy ❑ Parks ❑ Magellan Pipeline ❑ Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink State Agencies ❑ Board of Water & Soil Resources ❑ Health ❑ Historical Society ❑ Natural Resources -Forestry ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation 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 PropertySection 3: . Applicant 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: Mattson Schuster LLC. Contact: Adam Address: 332 2nd Street Phone: (612) 741-1029 City/State/Zip: Excelsior, MN. 55331 Cell: (612) 741-1029 Email: ma sonschuste @gmail.com Fax: Signature: �','�7 /�i��— Date: 4/3/17 PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Steve & Marsha Keuseman Contact: Keuseman Address: 3622 Red Cedar Point Phone: (612) 802-1953 City/State/Zip: Excelsior, MN 55331 Cell: Email: mekeuseman@hotmail.com Fax: Signature: Date: 4/3/17 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing (required). SAVE FORM PRINT FORM SUBMIT FORM Steve & Marsha Keuseman 3622 Red Cedar Point Road Excelsior, MN 55331 March 31, 2017 To Whom it May Concern: Our family has lived at 3622 Red Cedar Point Road since the early 1960's and we are thrilled to be renovating our 1984-built home for the third and fourth generations of Keuseman's. The renovation includes complete interior improvements as well as new siding, windows, and roofing for the exterior. Part of the renovation includes improving the existing attached garage structure. A portion of the garage was built in 1984 to attach to an older structure and, as a result, has two different roof heights. We are endeavoring to level the garage roof to a consistent height and increase the garage doors height from 7'-0" to 8'-0". In order to equalize the roof height and accommodate the 8'-0" standard garage door height, we request approval to increase the roof height by 12" on one section and 24" on the other. This will also allow us the ability to store our larger vehicles and accessory vehicles within the garages which cannot currently be accomplished with the 7'-0" garage doors. We are excited about this renovation project and what it will provide for our family's future. We thank you for your consideration of this request and are open to answering any questions that may arise during your review. Kind Regards, Steve & Marsha Keuseman mattsonlschuster To Whom It May Concern: Mattson Schuster 332 Second Street Excelsior, MN 55331 612-741-1029 The project at 3622 Red Cedar Point Road, Excelsior MN 55331 will be completed in four (4) separate phases. The first phase will involve tearing down the existing detached garage, and then rebuilding the garage on the same footprint as the old garage. The second phase will involve demolition of the main floor in the house, then remodeling the main floor. The third phase will involve demolition of the lower level in the house, then remodeling the lower level. The fourth and final phase will involve a tear down of the existing attached garage, then rebuilding the garage with an addition on the same footprint as the old garage. Regards, Robert Mattson & Adam Schuster MattsonISchuster RECEIVED NIAR 31 2017 CHANHASSAN INSPECTIONS CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2017-09 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 2, 2017 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a variance for a garage roof height located at 3622 Red Cedar Point, Lot 3, Block 4, Red Cedar Point Lake Minnewashta. Applicant: Mattson Schuster LLC, Owner: Steve & Marsha Keuseman. 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/2017-09 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Walters Email: mwaltersna ci.chanhassen mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on April 20, 2017) - 09 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CHNH�SSEN Mailing Address— P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-13001 Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Z Submittal Date: f PC Date: Z C CC Date: ZZ - 60-Day Review Date: 3 U I T Section 1: .. . .- apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others ......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD)..................$750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review...................................................$150 ❑ Site Plan Review (SPR) ❑ Administrative..................................................$100 ❑ Commercial/Industrial Districts*......................$500 Plus $10 per 1,000 square feet of building area: I— thousand square feet) Include number of existlng employees: Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit (_ units) ❑ Subdivision (SUB) ❑ Create 3 lots or less........................................$300 ❑ Create over 3 lots.......................$600 + $15 per lot l lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat..........................................................$700 (Includes $450 escrow for attorney costs)' 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Notification Sign (City to install and remove) .................................... $200 ❑ Property Owners' List within 500' (city to generate after pre -application meeting) .................................................. $3 per address addresses) ❑ Escrow for Recording Documents (check all that apply) ......................................... ...................... $50 per document ❑ Conditional Use Permit Interim Use Permit ❑ Site Plan Agreement ❑ Vacation R Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements easements) TOTAL FEE: Section 2: Required Information Description of Proposal: CITYOFCHANHASSENRECEIVED Property Address or Location: Parcel #: 2P -600 ' oT e 36.22, IC,l CAJ,,J MAR 3 -1 201-1 Legal Description: L 3 J LJ i rHANHA$$Wp4_AXI Wnr-ei Total Acreage: Wetlands Present? ❑ Yes K No Present Zoning: Select One ^ f F Requested Zoning: Select One Present Land Use Designation: Select One pp Requested Land Use Designation: Select One Existing Use of Property: f��a fRbtl�}' flwlw6 zl ❑ Check box is separate narrative is attached. Property Card Parcel ID Number 256600030 Taxpayer Information taxpayer Name STEVEN & MARSHA KEUSEMAN REV CABIN STEVEN & MARSHA KEUSEMAN, TRUS ress 3622 RED CEDAR POINT RD EXCELSIOR, MN 55331-7720 Property Address Address 3622 RED CEDAR POINT RD City EXCELSIOR, MN 55331 Parcel Information Uses Res 1 unit GIS Acres 0.34 Net Acres Deeded Acres Plat RED CEDAR POINT LK MINNEWASHTA Lot 003 Block 001 Tax Description & LOT 4 Building Information Building Style Split Level Frame ova Grade 1386 Bedrooms 5 Finished S Ft Year Built 1984 Garage Y Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0276 1 WS 062 MINNEHAHA CREEK Y I N I N Assessor Information Estimated Market Value 2016 Values (Payable 2017) 2017 Values (Payable 2018) Last Sale Land $419,400.00 $441,000.00 Date of Sale Building $197,100.00 $160,800.00 Sale Value Total $616,500.00 $601.800.00 -ne data provided herevid, Is for rerererce peryoser, orty. This data is not suable for legalengine g. s r.eyico v o inner purposes_ 0a1t r ..c.. ^y noes ro guarantee the a -,.racy o Infoodabon contained heroin. This data is famished on an'as is bass and Carver County makes no representations or warranties either expressed or inpled, for the merchantability or fitness of the information provided for any purpose. This disclaimer is provided pursuant to Minnesota statutes §466.03 and the user of Me data provd!ad herein acknowledges that Carver County shall not be liable for any damages, and by using the data in any way expre d y waives all claims, and agrees to defend, indemnify, and hold harmless Carver County, its officials, officers, agents, employees. etc. from any and all claims brought by anyone who uses fire information provided for herein. its employees or agents, or thin parties which arse out of users access. By acceptance of this data, Me user agrees not to transmit this data or provide access to it or any part of it to another party, unless the user includes wall, the data a copy of this disclaimer. Tuesday, April 11, 2017 Carver County, MN IEGA6 DPSC$IP9ioN: 3k9, frock 1.'WD CEDAR Fo1Nf Steren garsba cuseman Residence EXIS ONG HARDCOVER Of,.; 1,7M Sq.Ft 61ic6 36; sq.et mc. Woks k W.I.MJ Wi. `PuL Je_ sgsr. Pta! Hav<. s,> 6 Sq.r.. X of "e Maw sq.,, C C of ikaPO:o.er r 2G.1 s x rWb ue lkb 11= rPx �NkI -i Tt I ate- �.rc 1 PS E}c-NiP � i EA7STI7VG F vc �0 SPhY^I' Svfu:x 5.2 HOUSE 10, 26: GARAGE e 'A6 n 5 T------ -- eyPl : �` Fhxrme ui^ 1. n.c LE Sr.4T, :IPmiu PK 6w: >1 v SIT£ ADDRESS. Jul IRO POM fv cc .ti.'Le'O V� 6 , Y Jr `"fir s \ • , 1 , c Ia IL cn T� c_ 0 w w E Q m a c m aV Z X y E O LL y a E n N O Y 0 a � m y «a O — c O' U L N M N T O C C N L II N Cc U N N m 7 F- Z J w ¢ U Q c u) 0 U � N d r■i¢ � � O � � U vJ I N O z C w E �ED U ox� LL E ■Lu Lu a c m �O Lu Lu ¢ P�.( lV 5 N 'o h Z M w f Q L N x N N f") lr5o m G { mcm New Site Plan SCALE: r. m' " � U- ƒ ) // \ 0 m e. G ■ E .. k 0-cz k§) k% ■ E ! L q ®& LL ° ��E §k �� ca 3 /k ID » / kk\q k z3 3go /{ { & J/,G f? - } CL . . - . | ID k °\ z @ E cc § O R•ror• .II flp ln811fpglcul leu.• O R•.Iov .Ppll.T.... rp O &.. a p J t u•. Yv BYb.g• dlrpWl Ip uN On r� krycrl.n .IK. O R•rov .II •IIV.CV. IH ypp. Urcu.Oa. .r,•• O ;1~. NI iw* ft. U>.ougl.wt rVu.• O 6p f• .11 c•Illne. tlfougl L r O R•.low .11 plubing r'.tw. O R•rov At f lc rlep.. YII lll• o R..w. rl aal•g . Rcorl,g O R•nov .1.1.0 Palo O PM P.pep reps ~lfyl O R•row flo lrg s pl blrg flaw. In b baW (Demolition) U SCALE: 1/8" • 1'-0" Rerow exlellrn Oack Demolish existing garage and stairs Level 4 Czar E O U E a Ua c to W N cz Z EU Y IL E C Yam CIS m U L m m min toc_ N R U N N CO)C W Q a c cu 2 0 N O MUi m OD hZC.) � 0 to N W to N Lh ,_____, 6-0" Remove existing Patio e'-3" x 6'-0" •------ C d i c �O ' Rmove: Wall Cut opening for new 5,10" Window ; Remove t Switch Openings for e E Cp a)(Site Verify existing window) e ; Patio door bad 9' Window e E Q Note - If kitchen window changes, ; ; @ match size In dining ; E a Q' Z X y O Remove all windows and doors throughout house Remove: Existing Window x' o a m = Y EL E r- O Remove all flooring throughout house U) N O Remove all light fixtures throughout house � V/ o O_ O Remove appliances save for duration of project use, ; ; Remove all existing cabin Y a H o ¢a save garbage disposal for use on new kitchen sink m co A b °7 0 co IICU rM O Demo existing ceiling as needed for spray insulation o r F O Scrape 2'-0" `P ° Z Z U Q Ceilings In Basement OaC 0 O Site Verify Removal of Soffits In <ItchenOw ; 2 It z Q Wm O Remove all plumbing fixturesrM 9 2'-0" U D y� ¢7 a 2 ORemove all ceramic floors and wall tile - memo Exteiq wall for built -lb ; p are Built In Ltnn Closet in Bathroom S depth by 6 closet s'-0^ (site verify measurement) I E Prepare Toilet for Water Closet In Bathroom ° a ; UTILITY w N m (D L cn o N i i w °< W V/ S LL E Remove Existing Carpet Remove Existing Carpet @ Remove Existing Base t Casi Remove Existing Base t Casing ' D< < C ;Remove Existing Doors emove Existing Doors Remove Exisitng Shelving In oset Remove Exieitng Shelving to Clm m ° Cc 'D (Demolition Plan) Lower Level ` C X W W a ; " SCALE: 1/4" = I'-O" exfeting 0 e a 0 Of sc� --------------- ------^ I I I , I , I , I , 1 , I I I 1 I I , I I - - - - - ffoor. E>rahr }rr Garagl Site Verify Location Structural Concrete 811 'See Engineering layout of Poured Wail 10" 42" Maintain Below Grade 48" Pier Footing at Angled Intersect In garage (Bearing Point) Site Verify Location P.T. MUDSILL / ANCNOR BOLT& MAINTAIN MINIMUM 6' FROM SOIL TO SNEATNING / MUDSILL DBL 2X6 TOP PLATE 2X6 STUDS a 16'O/C 2X6 BOTTOM PLATE 1/2" COX SNEATNING R-15 FIBERGLASS BATT INSULATION 6" MINIMUM REINFORCED 1E SLAB ON GRADE REINFORCED 48' Footing 42' Below Grade S' Poured Wall (3$00lbe) IT' d-?Afs �=III=111=AWAY FROM BLDG _ 4 _49W. Grade 4' MINIMUM i A , rOMPArTED GRAVEL CONTIN. TOP AND BOT. Foundation Man - Garac�els� SCALE: 0.1111" - I'-O" �— Rebars 04 dowels 4' O.G. 05 every 2' vertical Footfnee 3,000 Ib. 04 horizontal 4B° 422" Below Grade FOOTING AT GARAGE E 0 0 W E C A Z X d O LL a= a E A O N V O a Q E 0 N N O j Q 4--• n C Z N (O Dryry L E g0 .0 Iu 0Z U °C/) aLL� Q It w, a: O F E 4r m W �I Q C 'O m In Z M .. ;' Q !c N v N Ij IU1 M `vSCIA New Lower Level (03-21-17 SCALE: 0.1049" = 1'-0" c cz E C) U) Y w E m U C R E W .. N Z X w LL N a E C O a O L E O U m � N _O V, L � U C N O N w E 0QC@ = LL E a m m m r O N V O Q N O-oT T(ALt Concrete R pair 5 -9Y413 -SV& 6 -1146 636" N ' 1A`r^ --III •� E \> p r ROOM Goncre RpairLIVING 3.1 oEQ z m a M < m Z _ Cz z D 1 v 1 m O N x s a — E I 4 ° N N 6 — i „ L a c m m p - ` 3- ' 0 � m M Q T Concrete Repair o KITGNEN 3'-9" ° 9 m 5 Cr. v } v N Z F Yf m 2'-0" M ¢ U Q o In o Q WIFI O O o ot OW Replace Face Fra w go m ' AJ ai ,5f M 4 Il'-0,All 3 -10 315 36'� r a ATN m ° r a r o T. N N w O H ¢ CD tc UTILITY n N O r 111 n p @) izij O ° ' O_ J Q (- m f�6 D - „ , tr tr O MASTER UITE BEDROOM *2 b Co m p Uhl II'-6�6° c0 a C f C c New Lower Level - Scaled ` ° ill = G re cmi uM) N w 'n 7pair SCALE: I/4" = I'-0" a a o o v ---- -----4$ - = Nth �Sco&It pe 43'-11%" IT-1 13/16" 10'-3 II/Ib" I I I I N4'-1' x 4'-0° 4'-0° x 3'-4" 3'-0" x 3'-0" 3'-0° x 2'-0° Rotate E O U N d L � � a) L j�I n N U C � N O C w E n ? E C O Cl) G m _ 0 N Z c7 C U 10 N lL N N N C� soole :Alt Roof Assembly 30 year GAF Timberline Architectural Shingles 10 lb. Paper Ice t Water to Code / Duro-Last Memebrane Roof or match Roof vents and scuppers to Code 5/8" O.S.B. Roof Sheathing Engineered 4/12 Roof Trusses 24" O.G. (Std. Heel Height) (Site verify) R48 Blown cellulose Insulation Spray foam Insualtion In Heels 6 mill. Polymer vaper Barrier \ 5/8" Gypsum Board New Garage Flan Roof Flan SCALE: OJOS4" - V-0" Cz E 0) CO Y C O a U t mCM m _ 1N Q U N N Cl) C cc A a_ 1 _0 0 \T w E 0 U w N m � o < (D v n c zi (V qOy (p F 0Up'�@� W E Engineered Roof Trusses c a a a 10 a 1` n NN N O SCa �-e Roof Assembly 30 year GAF Timberline Architectural Shingles 10 lb. Paper Ice t Water to Code / Duro-Last Memebrane Roof or match Roof Vents and scuppers to Code 5/8" O.S.S. Roof Sheathing Engineered 4/12 Roof Trusses 24" O.G. (Std. Heel Height) (Site Verify) R48 Blown cellulose insulation Spray foam tnsu in Heels 6 Vap \ mill. Polymer Vaer Barrier 5/8" Gypsum Board 'A.•'A, 'A. A. A. 'A. A. 'A. •. = end cou"g Detached Garage Wall Assembly New 4" Lap Steel Siding (Match Existing) Dupont Tyvek House Wrap 1/2" O.S.B. Wall Sheathing 8' 2"-4" exterior wall Framing I6" O.G. - 2"x6" Double Top t Bottom Plate - 2"xlO" Doubled Header above all Windows R2I Batted Fiberglass Insulation 6 mill. Polymer Vapor Barrier 1/2" Gypsum Board OEM Section Cut A SCALE: 1/6" = i'-C" bade Andersen -10 Series W Garage Wall Assembly New 4" Lap Steel Siding (Match Existing) Dupont Tyvek House Wrap 1/2" O.S.B. Wail Sheathing 8' 2"-6" exterior wall Framing 16" O.G. - 2"xb" Double Top t Bottom Plate - 2"xi0" Doubled Header above all Windows R21 Batted Fiberglass Insulation 6 mill. Polymer Vapor Barrier 1/2" Gypsum Board I�I I'I III III A. A. A' 'A. A. A. A. A. A. .'A. .'A. .'A. .'e. •.'s:•.'sa .'e:•. A. A. A, A. 'A, A. A. A. A. A. A. A. A. 'A. A. A. <.•'A.. n. e..'Ci:.'e.•'A..'e..'A..'A..'e..'A..b..'A. •.'e, .'m: ..A.'.A":.A,'.A�'. 8' Garage Door x 16' Stone veneer on Front Elevation Oft Siding Edco Steel Lap Foundation (See Foundation Plan for more Information) Slab on Grade 6" Concrete Floor Reinforced Floor Drain in Garage 48" Petr Footing At Angled Intersect 48" Footing 42" Below Grade 8" Poured Wall CC Cz C CD Cn 7 N Y E U c .o a c m A tIl U t m CO CO m F C_ N � U � N N M N 16, C O as n N m d o _ to y Z CO C U U N lL N N CO 'sCA C O A > 1 _w� T E o , CJr r E ¢ o m a z E LU Z a LL E n y U) N 0 O Y ° _ a _ *w a V y m o Q N h "OF TT N } ° y N m � Wall = 330 sq, ft J w Window = 36 sq, ft Ucr Q North - Elevation 9 9 Cslazin Percents a IUo SCALE: 1/8" V-O" o W¢ VF W m Z W a2 T Q T E m ¢ W U a N o z i ui E c� U Z a E ° a m J r p mcc Q L S O n N Z m 5 -0 d Q N X N N W IMP East - Elevation SCALE: 1/8" = V-0" c 0 ILI E =- - CL `m cz Z N om - E a E n ti ®� U o D o YIL A aci m o Q N N U� [� 7 r co N Z m J W c W South - Elevation SCALE: 1/8" = 1'-0" 0 W w sr 02 N� aZ T Q r Toa w-rw�. E uJu - o U N N Q W W^�^'' O � e ¢ U orBVafloa NN Tapdd o D p i(19ZLU FO E W vJ ? LL m 4 � — v n a:c 0 Tap d F-sus- W VJ _ (z 8 N0 Z h cc -0 N N Q N x N N W West - Elevation SCALE: 1/8" 1'-0" N of 'k" 'I. (a to i°. f.a �k46p.s4 Cover image I. Cover Page 2, Existing Site Plan 3, New Site Plan 4, Existing Lower Level 5, Existing Main Floor 6, Demolition Plan (Main) 1. Demolition Plan (Lower) 8. New Foundation Plan 9, New Lower Level MAR 3 1 2017 CHANHASSEN PLANNING DEPi 10. New Lower Leveled (Scaled) 11. New Main Floor 12, New Main Floor (Scaled) 13. New Garage Plan 14, Roof Plan 15, Framing Detail - Section Cut 16. North - East Elevation 1-1. South - West Elevation 0 E 0 U E rn C c m (� Z X N E0 LL 0 a E c Yd CU0m � N O U t m m c_ X U N N f0 m n O N V O � a a N t6 Y � GNi m Z ~ 2i J W cr O (n 0 E 0 U N � L � C N O � � z L w E CU 0 < @J = LL E _ a C: m O U CO 2 N Z M C U N N x LL7 N CO CO CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 04/05/2017 1:59 PM Receipt No. 00343680 CLERK: AshleyM PAYEE: Mattson I Schuster LLC 332 2nd Street Excelsior MN 55331- 3622 Red Cedar Point Road- Variance 2017-09 ------------------------------------------------------- Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 87.00 Total Cash Check 3393 Change 537.00 0.00 537.00 0.00 � ( Y � �� 11 1 CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: May 2, 2017 CC DATE: May 22, 2017 REVIEW DEADLINE: April 20, 2017 CASE #: 2017-09 BY: MW "The Chanhassen Board of Appeals and Adjustments approves a variance request to allow an intensification of an existing nonconforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, subject to the conditions of approval and adopts the attached Findings of Facts and Decisions." (Note: A motion for denial and appropriate findings of fact are also included at the end of the report.) SUMMARY OF REQUEST: The applicant is requesting a variance to increase the height of a portion of the existing attached garage within the required front and side yard setbacks by 2 feet in order to allow for the installation of 8-foot high garage doors. This would increase the total height of this section of garage from 13.5-feet to 15.5-feet. Increasing the garage door height from 7-feet to 8-feet will allow the homeowner to store larger vehicles and accessory vehicles within the garage. A variance is required because the existing garage is a nonconforming use, and increasing its height would be expanding an existing nonconformity. LOCATION: 3622 Red Cedar Point Rd (PID 256600030) APPLICANT: Mattson Schuster LLC. 332 2°a Street Excelsior, MN 55331 OWNER: Steve and Marsha Keuseman 3622 Red Cedar Point Rd. Excelsior, MN 55331 PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: .34 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION -MAKING: The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high look] Ai!�& _14 �Mt✓ level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The current home was constructed in 1984. At that time, the applicant also constructed a section of garage to attach the new home to an existing detached garage. The newly built section complied with the required front yard setback. The detached garage was a 10- foot high nonconforming use located within the property's 30-foot front yard and 10-foot side yard setbacks [Figure out when built]. This formerly detached structure is now part of the existing attached garage and is still considered a nonconforming use, meaning the applicant can repair or replace it in its current location and at its current dimensions. The property owner is in the process of renovating their home and is requesting a variance to increase the height of the section of their attached garage within the required yard setbacks by 2 feet in order to allow for the installation of 8- foot high garage doors. The applicant has stated that they need 8-foot high garage doors in order to allow them to store their larger vehicles and accessory vehicles within the garage. Currently q LAKE .VIAAEFASHTA (]Removed \\4 O Addition [] Rebuild 0 Variance Required New, k .Marsha Mol A"euseman 6'esrGencr RM k• _o cr.ucr n - RECENED �'' ' I •�4 "i"� Lam. ° .� .. L,9o.72 the vehicles cannot fit under the garage's 7-foot high garage doors. Increasing this section of the garage's height by 2 feet will also allow the homeowner to create a uniform roof height between the two different garage sections. APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3, Variances Chapter 20, Article II, Division 4, Nonconforming Uses Chapter 20, Article Vii. Shoreland Management District Chapter 20, Article XII. "RSF" Single-family residential district Section 20-615. Lot requirements and setbacks. BACKGROUND [Insert date of original detached home/garage construction] On December 5, 1983, the City issued a building permit for the single-family residents. Letters and the 1983 survey indicate that this house replaced a preexisting single-family residence on the property and that two preexisting detached garages were retained from the original residence. The larger of these garages was connected to the new house. On March 31, 2017, the homeowner applied for a 4 phase remodeling project. The first is replacing the existing detached garage at the same footprint and height; the second, is remodeling the main floor; the third, is remodeling the lower level; and the fourth, is the garage demolition and rebuild that is the subject of this report. The property is zoned Single -Family Residential and is located within the City's Shoreland Management District. This zoning district requires lots to be a minimum of 20,000 square feet, have front yard setbacks of 30 feet, rear yard setbacks of 75 feet from the lakes ordinary high water level, side yard setbacks of 10 feet, and limits hardcover to a maximum of 25 percent of lot area. Residential structures are limited to 35 feet in height. The lot is 16,323 square feet, and currently has 4,796 square feet of impervious surface resulting in 29.4 percent lot coverage. Recently submitted plans would reduce this to 4,351 square feet of impervious surface, which would equal 27.2 percent lot coverage. Portions of both the detached and attached garages are located within the property's required front and side yard setbacks. These sections were part of the original pre-1984 house and, along with the existing hardcover and smaller lot size, are considered non -conforming uses. NEIGHBORHOOD Red Cedar Point The plat for this area was recorded in August of 1913.Over the subsequent century the City of Chanhassen was formed, a zoning code was passed, the zoning code was amended numerous times, and buildings were built, demolished, and rebuilt to meet the standards and needs of the existing ordinances. Some of the area's roads were not constructed within their designated right of way. In some areas, this has led to portions of buildings being located in the right of way and portions of the roads being located with resident's property. Most current parcels are the result of several of the original lots being consolidated under a single owner. These factors combine to mean that very few properties in the area meet the requirements of the City's Zoning Code. Many properties either are non- conforming uses or are operating under a variance. Variances within 500 feet: 80-08 3629 Red Cedar Point Rd: Approved- 12' front Setback, 3' side setback, +1.5' side setback for (chimney), 20' lot width, 40' lot frontage, 13,000 square feet lot area (house) 81-08 3607 Red Cedar Point Rd: Approved- 13.5' lake setback (deck) 84-02 7201 Juniper Ave: Approved- 8.66' front setback (addition) 88-11 3605 Red Cedar Point Rd: Approved- 4' E side setback, 2' W side setback, 26' lake setback (garage, addition intensifying non -conforming) 92-01 3607 Red Cedar Point Rd: Approved- 1.5' side setback, 14.5' lake setback (addition expanding non -conforming) 93-07 3618 Red Cedar Point Rd: Approved- 8' side setback,15' lake setback (deck and porch) 96-04 3705 South Cedar Drive: Approved- 3' side setback, 31' lake setback, 50% hardcover (house) 04-07 3637 South Cedar Drive: Approved-19.25' front setback, 4' lake setback, than 40% hardcover (addition) 08-04 3633 South Cedar Drive: Approved- 20.2' front setback, 8' side setback (house) 09-15 3625 Red Cedar Point Rd: Approved- 15.5' front setback, 6.5' E side setback, 9' driveway setback, 18.5' lake setback, 37.3% hardcover, allow one car garage (house) 15-14 3603 Red Cedar Point Rd: Approved- 20.2' front setback, 17' lake setback (two-story attached garage) 16-11 3627 Red Cedar Point Rd: Approved- 13.6 lake setback, 29.8% HC (home) ANALYSIS Intensification of Existing Non -Conformity The 1983 survey, pictured right, shows two pre-existing detached garages. The smaller single car garage is partially located within the required front yard setback and the larger two -car garage is partially located within the required front and side yard setbacks. When the homeowners constructed a new single-family home in 1984, they demolished the existing house but attached the new home to the existing two -car garage. The portions of both of these buildings located within the required setbacks are considered nonconforming uses and may be repaired or rebuilt at their current dimensions, but may not be enlarged without a variance. The applicant will be demolishing and rebuilding the single car garage in the same location and with the same dimensions as the existing structure, as permitted by Section 20-72(a) of the City Code. \ IAE2' IPL'.:VC�PASHTA Q Prt-I9M nmco�olvw{Pvuauvel os fruemPo .e�xa<. Building Height Principle structures in Residential Single Family Districts are limited to a height of 35 feet, and accessory structures are limited to a height of 20 feet. There is currently a 1-foot difference in height between the two sections of 195i PmyrM Home Swrn' i 16:: RN CN P.-M, �� qumJ <e�z�N puape+ Q IXmaLJN OnPmJ Hone � P�°M'"1 Houre The applicant is not proposing to further encroach on the required front or side yard setback; however, the applicant is also proposing increasing the height of the portion of the attached garage built in 1984 by 1 foot and increasing the height of the pre-1984 attached garage by 2 feet. The applicant could increase the height of the sections of the attached garage located outside of the required front and side yard setbacks without a variance; however, that would not allow them to increase the height of the two -car garage door. Rising the height of the attached garage within those setbacks would increase its height from 13.5 feet to 15.5 feet. It should be noted that the City Code defines building height as being the height from grade to the average height of the highest gable on a pitched or hipped roof. The height of the highest gable of the rebuilt garage would be 19 feet. The 2010 survey, pictured left, shows the portions of the garage which would require a variance. the garage. The applicant intends to create a uniform roof height between the two sections. The proposed height of 15.5 feet falls well short of the district's height limits, and would be allowed by the code if a portion of the attached garage was not located within the front and side yard setbacks. Due to the structure only being setback 5.2 feet from the eastern lot line the garage's height does have a higher impact on the neighboring property; however, the neighboring home is situated further back on its lot, somewhat mitigating this impact. Still there is only 11.95 feet separating the foundation of the garage from the foundation of the neighboring house. Garage Door Height The City Code does not place any restrictions on the height of garage doors within residential districts. Residential garage doors are typically 7 to 8 feet tall. Heights over 7 feet are required to accommodate larger vehicles with roof mounted racks/storage and recreational vehicles. Some modem residential garages designed to accommodate recreation vehicles feature doors up to 12 feet high. The applicant has stated that they require the larger garage doors in order to allow them store their larger vehicles and accessory vehicles within the garages. It may be preferable to grant a variance to increase the intensity of a nonconforming use rather than have the applicant store vehicles outdoors; however, the applicant could raise the portion of the garage located outside of the front and side yard setback in order to install an 8-foot high garage door with requiring a variance. Impact on Neighborhood Red Cedar Point is one of the oldest neighborhoods in the City. Many of its properties are non- conforming uses, and 12 of the 29 properties within 500 feet of 3622 Red Cedar Point Rd have been granted a variance. Six of these variances are for reduced front yard setbacks, and seven involved reducing at least one side yard setback. Two variances were granted to allow for the construction or modernization of garages, and another two variances are for additions increasing a nonconforming use. [Walk neighborhood and try to gage garage door/building height... from google map... looks mostly 7 with some 8+] SUMMARY The applicant wishes to increase the height of their attached garage by 2-feet in order to allow them install 8-foot garage doors. The applicant has stated they need the 8-foot high doors to accommodate some of their larger vehicles. The proposed height of the garage is allowed by the ordinance; however, it is a non -conforming use partially located within the property's front and side yard setbacks. Intensifying this use requires a variance. The applicant could increase the height of a portion, though not all, of the garage without a variance. Staff believes that the proposed height increase will not negatively impact the surrounding neighborhood, and that the request addresses an issue caused by the age of the structure and subdivision. Staff recommends that the Planning Commission approve the variance request to allow an intensification of an existing nonconforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, subject to the following conditions: 1. The applicant must apply for and receive a building permit. Should the Planning Commission deny the variance request to intensify the nonconforming use, it is recommended that the planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen Board of Appeals and Adjustments denies a variance request to allow an intensification of an existing nonconforming use by raising the attached garage height to 15.5 feet within the required front and side yard setbacks, and adopts the attached Findings of Facts and Decisions. ATTACHMENTS 1. Finding of Fact and Decision Approval 2. Finding of Fact and Decision Denial 3. Development Review Application 4. Public Hearing Notice Mailing List 5. Variance Document G:\PLAN\2017 Planning Cases\l7-05 1392 Ithihen - Variance\PC Staff report 1392 Ithilien doc