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CAS-09_GORRA, MICHAEL• 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poch Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron 1380 Corporate Center Curve Suite 317 • Fagan, MN 35121 651452-5000 Fax 651-452-5550 www.ck-law.eom CAMPBELL KNUTSON Professional Association Direct Dial. (651) 234-6222 E-mail Address: snetson@ck-law.com October 26, 2011 CITY OF CHANHASSEN RECEIVED Ms. Kim Meuwissen OCT 2 8 2011 City of Chanhassen CHANHASSEN PLAVYNG DCP 1 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN — RECORDATION OF DOCUMENTS ➢ Variance 2011-09 —Approving Accessory Structure on Michael Gorra Property Located at 1680 West 78`s Street, Chanhassen, MN (Part of Govt. Lot 3, section 10-116-23 & Part of the SE 1/4 of the SE t/4 of Section 10-116-23) Dear Kim: Enclosed for the City's files please find original recorded Variance 2011-09 approving a 5,880 square foot accessory structure on the above referenced property. The variance was recorded with Carver County on October 4, 2011 as Abstract Document No. A543232. SRN:ms Enclosure Regards, CAMPBELL KNUTSON Professional Association SCANNED l Document No. OFFICE OF THE A 543232 COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee S46 00 Receipt# Certified Recorded on 10/4/2011 at 03:09 ❑ AM PM 132:' 11111111111111111 Count e rrder CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2011-09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2011-09 for a 5,880 square -foot accessory structure area variance on property zoned Rural Residential. The granting of this variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Government Lot 3, Section 10, Township 116, Range 23, except the North 66 feet, as measured along the West line of said Government Lot 3. Also the Southeast quarter of the Southeast quarter of Section 10, Township 116, Range 23, except that part of the Southeast quarter of the Southeast quarter described as commencing at the Southeast comer thereof; thence West along the South line of said quarter -quarter 556 feet; thence North parallel with the East line of said quarter -quarter 593.2 feet; thence deflecting to the right an angle of 62 degrees 00 minutes 150 feet, more or less, to the center line of the creek; thence Easterly along the center line of the creek to the East line of said quarter -quarter, thence South along said East line to the point of beginning. 3. Condition. The variance approval is subject to the following conditions: a. The applicant shall call Gopher State One Call (651) 454-0002 to complete a locate request prior to construction. b. The proposed building must be located a minimum of 40 feet from the Metropolitan Council Sewer Line. c. The shed must meet all setback requirements. d. A Zoning Permit is required. e. The accessory structure may not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. f. The accessory structure may not be used as a separate dwelling unit. SCANNED 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: September 6, 2011 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY: Thomas A. Furlong, M y AND: �Uf en jit Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this Aay of 2011 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the Ciq of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. , „ DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 1 I NOT&Y PUBLIC i#KAREN J,' "'ARDT tNotary PublicMinnesota'1Y �i%_ EMpUes Jen 31, 2015 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 09/21/2011 13:10 Receipt No. 00168162 CLERK: bethanya PAYEE: Michael J. Gorra 1680 W 78th St Chanhassen MN 55317- Planning Case 2011-09 ------------------------------------------------------- Property Owners List 9.00 Total Cash Check 2423 Change 9.00 0.00 9.00 0.00 SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 my of (952) 227-1100 ER To: Michael Gorra 1680 West 78"' Street Chanhassen, MN 55317 Invoice SALESPERSON DATE TERMS KTM 8/25/11 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 3 Property Owners List within 500' of 1680 West 78"' Street (3 labels) $3.00 $9.00 TOTAL DUE $9.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for September 6. 2011. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #2011-09. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! CANNED 1811 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 9/14/11 2011-09 ATTENTION Sue Nelson RE: Document Recording M Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/6/11 11-09 Variance 2011-09 Michael Gorra Accessory Structure) THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Foryouruse ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Michael Gorra, 1680 West 7&h Street SIGNEDe V! Kim uwiss n, (952) 227-1107 SCANNED If enclosures are not as noted, kindly notify us at once. 11 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2011-09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2011-09 for a 5,880 square -foot accessory structure area variance on property zoned Rural Residential. The granting of this variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Govemment Lot 3, Section 10, Township 116, Range 23, except the North 66 feet, as measured along the West line of said Government Lot 3. Also the Southeast quarter of the Southeast quarter of Section 10, Township 116, Range 23, except that part of the Southeast quarter of the Southeast quarter described as commencing at the Southeast comer thereof, thence West along the South line of said quarter -quarter 556 feet; thence North parallel with the East line of said quarter -quarter 593.2 feet; thence deflecting to the right an angle of 62 degrees 00 minutes 150 feet, more or less, to the center line of the creek; thence Easterly along the center line of the creek to the East line of said quarter -quarter, thence South along said East line to the point of beginning. 3. Condition. The variance approval is subject to the following conditions: a. The applicant shall call Gopher State One Call (651) 454-0002 to complete a locate request prior to construction. b. The proposed building must be located a minimum of 40 feet from the Metropolitan Council Sewer Line. c. The shed must meet all setback requirements. d. A Zoning Permit is required. e. The accessory structure may not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. f. The accessory structure may not be used as a separate dwelling unit. 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: September 6, 2011 (SEAL) STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN BY: T�h/omas A. Furlong, M y AND: �`u( en jit Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this M^- y of 2011 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the Ci of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 .NOT4,C • iLIC KAREN J. ENGELHARDT Notary Public -Minnesota �•--:` My co�rNniaslon �PWW J. 131, 2015 0 September 12, 2011 Michael Gorra Cl O� 1680 West 780' Street l l I1 Chanhassen, MN 55317 CUMNSEN Re: Variance Request-1680 West 78d' Street 7700 Market Boulevard Planning Case #2011-09 PO Box 147 Chanhassen, MN 55317 Dear Mr. Gorra: Administration This letter is to formally notify you that on September 6, 2011, the Chanhassen Phane:952.2271100 Fax:952.2271110 planning Commission, as the Board of Appeals and Adjustments, approved Planning Case #2011-09 for a 5,880 square -foot accessory structure area variance on property Building Inspections zoned Rural Residential. Phone.952.2271180 Fax: 952 227.1190 The variance is subject to the following conditions: Engineering 1 The applicant shall call Gopher State One Call (651) 454-0002 to complete a locate Phone:952.227.1160 Fax:952.227.1170 request prior to construction. Finance 2. The proposed building must be located a minimum of 40 feet from the Metropolitan Phone: 952.227.1140 Council Sewer Line. Fax:952.2271110 3. The shed must meet all setback requirements. Park &Recreation Phone: 952.227,1120 Fax:952.227.1110 4. A Zoning Permit is required. Recreation Center 5. The accessory structure may not be used for a home occupation as outlined in the 2310 Coulter Boulevard Chanhassen City Code and may only be used for agricultural purposes as defined Phone:952.227.1400 by Minnesota State Statute. Fax:952.2271404 6. The accessory structure may not be used as a separate dwelling unit. Planning & Natural Resources Phone:952.227.1130 The variance is valid for one year from the approval date. A buildinglzoning permit Fax:952.227.1110 must be applied for prior to September 6, 2012 through the City's Building/Planning Department, respectively. Public Works 7901 Park Place If you have any questions, please contact me at 952-227-1132 or by email at Phone:952.227.1300 akairies ,ci.chanhassen.mn.us. Fax:952.227.1310 Sind Senior Center Phone:952.227.1125 Fax: 952.227.1110 Angie Kairies Web Site Planner I www.ci.chanhassen,mn.us cc: Jerry Mohn, Building Official cc: Building Permit File — 1680 West 78d' Street G:U'LAN\2011 Planning Cases\I 1-09 Gorra Variance-1680 West 78th StrmALener of Approval.doc Chanhassen is a Community for Life - ProvidirgforTodayandPlannirgforTomorrow SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Michael Gorra for a 5,880 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 4,000 square -foot accessory structure on property zoned Rural Residential (RR) — Planning Case #2011-09. On September 6, 2011, 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 Rural Residential (RR). The property is guided in the Chanhassen Comprehensive Plan for Residential -Low Density (1.24 units/acre), Residential -Medium Density (4-8 units/acre), and Residential -High Density (8-16 units/acre). 2. The legal description of the property is as follows: Government Lot 3, Section 10, Township 116, Range 23, except the North 66 feet, as measured along the West line, of said Government Lot 3. Also the Southeast quarter of the Southeast quarter of Section 10, Township 116, Range 23, except that part of the Southeast quarter of the Southeast quarter described as commencing at the Southeast comer thereof; thence West along the South line of said quarter -quarter 556 feet; thence North parallel with the East line of said quarter -quarter 593.2 feet; thence deflecting to the right an angle of 62 degrees 00 minutes 150 feet, more or less, to the center line of the creek; thence Easterly along the center line of the creek to the East line of said quarter -quarter; thence South along said East line to the point of beginning. 3. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The subject site is zoned Rural Residential (RR). The purpose of the request to exceed the 1,000 square -foot accessory structure limitation to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. Agricultural uses were addressed in the discussion of the amendment in 2007, in that it sc+wN= • would be a reasonable request based on a legitimate agricultural use and will be keeping in harmony with the general purpose and intent of the RR district. 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 practical difficulties of the variance to exceed the 1,000 square -foot limitation are directly related to the agricultural use of the property. The 126+ acres are currently farmed and contain horses within the existing stable. The proposed structure will house farm -related equipment and machinery. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is unique due to the fact that it is an agriculturally zoned property within the City. City ordinance permits agricultural uses, such as farming on property zoned Rural Residential. It is essential for an agricultural use to store farm -related equipment and machinery. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the variance to exceed 1,000 square -feet limitation for accessory structures will not alter the character of the locality. The subject site is in excess of 126 acres, it is zoned for and permits agricultural uses. The proposed accessory structure will provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. 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 #2011-09, dated September 6, 2011, prepared by Angie Kairies, et al, is incorporated herein. 0 DECISION "The Board of Appeals and Adjustments approves Planning Case #2011-09 for a 5,880 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 4,000 square -foot accessory structure on property zoned Rural Residential (RR)." ADOPTED by the Chanhassen Board of Appeals and Adjustments this 6t' day of September, 2011. CITY OF CHANHASSEN BY: Chairman CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 6, 2011 Chairman Aller called the Planning Commission meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Tom Doll, Kathleen Thomas, and Kim Tennyson MEMBERS ABSENT: Kevin Ellsworth and Lisa Hokkanen STAFF PRESENT: Kate Aanenson, Community Development Director; and Angie Kairies, Planner I PUBLIC HEARING: GORRA VARIANCE: REQUEST FOR A VARIANCE TO ALLOW AN ACCESSORY MICHAEL GORRA, PLANNING CASE 2011-09. Kairies: Good evening Chairman Aller, members of the Planning Commission. Once again the item before you tonight is for an accessory structure variance on property zoned Waal residential located at 1680 West 78th Street. The property is located just south of Lake Ann, as well as south of over 150 acres of vacant property also zoned rural residential. To the south of the site is West 78th Street as well as property owned by Southwest Transit. To the west of the site are the Walnut Grove, Windmill Run and Royal Oaks Estates subdivisions. They're a combination of single family and multi -family dwellings and they're zoned planned unit development as well as residential single family. And then to the east of the subject site is Lake Ann Park which is zoned for parks and open space. The request before you tonight is for a 5,880 square foot variance from the 1,000 square foot accessory structure limitation. The request is 5,880 because there is an existing stable located on the site which is 2,880 square feet and then the proposed structure is 4,000 square feet so the total square footage is 6,880. The request is 1,000 less than that. The accessory structure size limitation was put, it was excuse me adopted in 2007 in all residential districts. Previously it was just for single family residential and excluded any agricultural sites. In 2007 the agricultural sites were included because a lot of the farms were being replaced with estate homes and contractor yards and other home occupations were going into the accessory structures on the site so this was a way of limiting some of those issues. Again the property owner has a stable that's over 2,000 square feet and they received a conditional use permit for that stable in 1995. At that time we did not require or did not have a limitation on the size. And then as far as the site conditions are concerned, the lot is over 126 acres in size. It is within the shoreland district due to Lake Ann. There are 3 wetlands located on the site. One to the north, one to the southwest and then one just around Lake Ann. There is the Lake Ann Interceptor which is the, a 42 inch Metropolitan Council sewer line that's 35 to 40 feet underground and that's the red line that you can see running vertically through the property. There is also a creek that runs from Lake Ann all the way down to Lake Susan. The property once again is zoned rural residential and agricultural uses are permitted in that district. The existing stable and the site is considered as far as Minnesota State Statute as agriculturally zoned, or agricultural property because it exceeds 10 acres and is used for agricultural purposes. Therefore this accessory structure is not required to obtain a building permit. As part of the conditions of approval we'll still be requiring a zoning permit. This proposed structure is located just southwest of the existing stable. It will meet all other zoning related ordinances such as the shoreland and rural residential height limitations, which is 35 feet in height. The proposed structure is approximately 18 feet. The structure will be over 200 feet from the interceptor and over 300 feet from the creek. Some of the conditions to make sure that it does not interfere with the interceptor is that the applicant will call Gopher State prior to construction to locate all utilities including SCANNED Chanhassen Planning Commission — September 6, 2011 • the interceptor. And also that there will be a minimum of a 40 foot setback from that interceptor in case there is any maintenance required. The practical difficulties for this structure to exceed 1,000 square feet is for agricultural purposes to be able to store machinery and equipment and other supplies. And additionally city code requires that all items are stored indoors except for a limited item such as lawn furniture, stacked wood and everything else must be within an enclosed structure, therefore this complies with that. Complies with that ordinance. Staff is recommending approval of the application and at this time I will take any questions. Aller: Angie, it's my understanding that the structure will never be used as a residence. Kairies: Correct. There's a condition stating that it may not be used for a separate dwelling unit or a home occupation other than agricultural uses. Aller: And to your knowledge in '95 we had the conditional use permit granted. Were there any violations reported or has there been any problems with these prior? Kairies: There have not been any issues. The stable is inspected every year so everything. Aller: And would that continue with the new accessory structure? Kairies: Yes. The stable has it's own permit. Aller: Questions? Tennyson: No, I don't have any questions at the moment. Thomas: Nope. Allen No further questions. With that we will open the public hearing. Or we'll ask the applicant, if the applicant wants to come forward and make any statement or application. Seeing none we'll open the public hearing. Anyone that wishes to speak on the matter please come forward. State your name and address for the record. Seeing no one coming forward, I'll close the public hearing. Discussion. Thomas: Makes sense. Aller: Tom. Doll: I'm for it. Tennyson: It meets the practical difficulties Aller: Yeah I've looked at the plans. I've taken a look at the property. There have been no, I mean obviously it's been used. it's consistent with the plan. The overall plan. I like the fact that it serves as, the agricultural area serves as kind of a buffer so that we maintain that nice feel out there in Chanhassen and the outskirts so that's a buffer next to the other residences and the other townhomes so I think it's a good plan. I'll entertain any motions. Thomas: Okay, the Chanhassen Planning Commission, I'd like to make a motion. Okay. The Chanhassen Planning Commission as the Board of Appeals and Adjustment approves Planning Case #2011-09 for a 5,880 square -foot accessory structure area variance on property zoned Rural Residential, subject to the conditions of the staff report and adoption of the Findings of Fact and Decision. ' i r Chanhassen Planning Commission —September 6, 2011 Aller: We have a motion. Is there a second? Tennyson: I'll second. Aller: Want to second. Thomas moved, Tennyson seconded that the Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2011-09 for a 5,880 square -foot accessory structure area variance on property zoned Rural Residential, based on adoption of the attached Findings of Fact and Decision and subject to the following conditions: The applicant shall call Gopher State One Call (651) 454-0002 to complete a locate request prior to construction. 2. The proposed building must be located a minimum of 40 feet from the Metropolitan Council Sewer Line. The shed must meet all setback requirements. 4. A zoning permit is required. 5. The accessory structure may not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. 6. The accessory structure may not be used as a separate dwelling unit. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Aanenson: Just for a point of clarification. those ones where it's just a variance only. timeframe. So otherwise... Thomas: It's going to go. Aanenson: Yeah. Aller: It'll just move forward. Aanenson: Yep. This will not go to the City Council, because this is one of It would only go to the City Council if it's appealed within the Aller: Having it been approved I doubt it will be appealed so the matter will be finalized here today. Aanenson: Yeah, that's correct. APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary minutes of the Planning Commission meeting dated August 16, 2011 as presented. Chanhassen Planning Commis — September 6, 2011 • CITY COUNCIL ACTION UPDATE: Aanenson: Yes, the City Council did, you asked at your last meeting, did approve the code amendment. We separated the shooting range from the paintball because there were some other issues with paintball that we still wanted to work out so they did approve that action at their August 22"d meeting. CORRESPONDENCE DISCUSSION. None. Aanenson: Just for your information I did put in there an article that was in the Star Tribune regarding Autoplex. It was kind of interesting. It's kind of a regional draw, if you look at where people are coming from to use that facility so just trying to do a better job of informing you of things that we see that might be of interest. Not only from the local paper but yeah, right. From other business articles, yeah. Aller: Little condo for cars. Entertain a motion to adjourn. Thomas moved, Undestad seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:10 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 4 PROPOSED MOTION: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2011-09 for a 5,880 square -foot accessory structure area variance on property zoned Rural Residential, subject to the conditions of the staff report; and adoption of the Findings of Fact and Decision." SUMMARY OF REQUEST: The applicant is requesting a 5,880 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 4,000 square -foot storage structure in addition to an existing stable (2,880 square feet) on property zoned Rural Residential (RR). LOCATION: 1680 West 78`" Street PID 25-0100900 APPLICANT: Michael Gorra 1680 West 78s' Street Chanhassen, MN 55317 PRESENT ZONING: Rural Residential (RR) 2030 LAND USE PLAN: Residential -Low Density (1.24 units/acre) Residential -Medium Density (4-8 units/acre) Residential -High Density (8-16 units/acre) ACREAGE: 126 + acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAHING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. PROPOSAL SUMMARY The applicant is requesting a variance to exceed the 1,000 square -foot maximum area for a detached accessory structure to construct a 4,000 square -foot storage shed. The property currently has a 2,880 square -foot stable and a single-family home. The request includes the combined square footage of the detached accessory structures (6,880 square feet). The Zoning Ordinance limits detached accessory structures to 1,000 square feet. While the combination of the detached accessory structures exceed the maximum square footage by 5,880 square feet, the property is zoned Rural Residential and is used for agricultural purposes (farming and horses) and requires such structures for daily operations. Limiting the size of the accessory SCANNED • • Gorra Variance Request Planning Case 11-09 September 6, 2011 Page 2 of 6 structures to 1,000 square feet is a practical difficulty, being that the City Code requires all equipment to be stored within an enclosed structure. A 1,000 square -foot structure is not adequate to house all of the equipment required to run the agricultural use. The site is bordered by Lake Ann and a 150± acres vacant parcel zoned Rural Residential (RR) to the north, West 78"' Street and land owned by Southwest Transit to the south, Walnut Grove, Windmill Run, and Royal Oaks Estates Subdivisions, which are a combination of single and multi- family dwelling units zoned Planned Unit Development Residential (PUD-R) and Residential Single -Family (RSF) to the west, and to the east is Lake Ann Park (Parks and Open Space). While sewer and water services are available to the property, the site is currently served by a septic system and water well. Access to the parcel is gained via West 7e Street. Staff is recommending approval of the variance, subject to the conditions of the staff report. APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances. • Chapter 20, Article XI, Rural Residential (RR) District. • Section 20-904 (1) Accessory Structures. Gorra Variance Request Planning Case 11-09 September 6, 2011 Page 3 of 6 • Agricultural Exemption from State Building Code Relevant Minnesota Rules and Statutes. Minnesota Rules, Chapter 1300.0030 Purpose and Application. BACKGROUND The property is zoned Rural Residential (RR), which permits agriculture use. The subject property has an area in excess of 5,488,560 square feet (126 + acres). It has a lot frontage of approximately 2,150 feet along West 78 h Street. The depth of the site is greater than 2,325 feet. Minimum lot area in the RR district is two and one-half acres with a minimum lot frontage of 200 feet at the road and minimum depth of 200 feet. The subject site exceeds the lot area, width, and depth requirements. There are three wetlands on the site. The first one is located at the northwest end of the property, the second is southwest of Lake Ann, and the third is located in the southwest corner of the property along West 78s' Street. There is also a creek that connects Lake Ann and Lake Susan. The Metropolitan Council Lake Ann Interceptor runs vertically through the subject site. The Lake Ann Interceptor is a 42-inch Metropolitan Council sewer line that is approximately 35 to 40 feet underground. The proposed storage shed will not impact the wetlands, creek or the Interceptor. The current property owner has resided on the property since 1977. While the site has development potential, it is staff s understanding that the owner intends to maintain the property as agricultural. Section 20-904 Accessory Structures In 1995, the applicant received a Conditional Use Permit for the existing 2,880 square -foot stable that houses between 6 and 8 horses. At that time, the area of accessory structures was not limited in agriculturally zoned districts, since the structures and use of the property were related to agriculture. The current zoning ordinance limiting to the maximum 1,000 square -foot detached accessory structure was adopted in May of 2007. Prior to that, City Code limited the size of detached accessory structures for properties zoned Single Family Residential (RSF) and Mixed Low Density Residential (R4) Districts, but not in the Low and Medium Residential District (RLM), nor the Agricultural Estate (A2) and Rural Residential (RR) Zoning Districts since they were at one time related to agricultural uses. While the City's comprehensive plan does not provide for a purely agricultural land use, it does support the preservation of this use in greater Carver County. As the City continues to grow, agricultural uses are being replaced by estate homes. In some cases, contractors were purchasing the property and building accessory structures, in addition to an attached garage, to house their business. The City Code prohibits the use of accessory Gorra Variance Request Planning Case 11-09 September 6, 2011 Page 4 of 6 structures for home occupations. In order to address this issue, the code was amended to limit the size of accessory structures to 1,000 square feet in all districts that permit single-family homes. At that time, it was presumed that legitimate agricultural uses which came in to construct or expand agricultural buildings would be able to receive a variance for such expansion since the size of the structure is related to its use for agricultural purposes. The "Practical Difficulty" standard would relate to the ability to maintain the farming operation and for the storage of agricultural machinery, equipment and supplies on an agricultural property. Further, agricultural buildings are a reasonable use on agricultural properties. Pursuant to Minnesota Rule 1300.0030 and MN Statute 273.13, the subject site is classified as agricultural land, as it exceeds 10 acres in size and is used for agricultural purposes. According to the Statute, agricultural buildings are exempt from the Minnesota State Building Code. Therefore, a building permit is not required; however, City Code Section 20-91 requires a Zoning Permit prior to the construction of an agricultural building in order to verify the location, site coverage and other zoning standards. ANALYSIS The proposed structure is 100 feet by 40 feet (4,000 square feet) and the existing horse stable is 48 feet by 60 feet (2,880 square feet). Therefore, the variance request is for a 5,880 square -foot variance from the 1,000 square -foot detached accessory structure limitation. The proposed structure will be located southwest of the existing stable, over 200 feet from the sewer Interceptor, and over 300 feet from the creek. Therefore, it will not impact the wetland, creek or the Lake Ann Interceptor. To ensure the sewer Interceptor will not be impacted, staff has added a condition requiring the applicant to contact Gopher State One Call to locate all utilities in the area, including the Gorra Variance Request Planning Case 11-09 September 6, 2011 Page 5 of 6 Interceptor, and a condition stating that the structure must maintain a minimum 40-foot setback from the Interceptor, should the Interceptor require maintenance. The proposed structure will be in compliance with all required setbacks and height limitations as outlined in the RR zoning district and the Shoreland District. The height limitation in the Shoreland District and RR district is 35 feet. The proposed structure is 18 feet tall as measured from grade to the midpoint of the gable. The purpose of the request to exceed the 1,000 square -foot accessory structure limitation is to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. Agricultural uses were addressed in the discussion of the amendment in 2007, in that it would be a reasonable request based on a legitimate agricultural use and will be keeping in harmony with the general purpose and intent of the RR district. The practical difficulties of the variance to exceed the 1,000 square -foot limitation are directly related to the agricultural use of the property. The 126+ acres is currently farmed and contains horses within the existing stable. The proposed structure will house farm -related equipment and machinery. To ensure the structure will be used solely for agricultural purposes, staff has added a condition stating as follows: The structure shall not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. Staff recommends that the Planning Commission approve the accessory structure variance subject to the following conditions and the adoption of the attached Findings of Fact and Decision. "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2011-09 for a 5,880 square -foot accessory structure area variance on property zoned Rural Residential, based on adoption of the attached Findings of Fact and Decision and subject to the following conditions: 1. The applicant shall call Gopher State One Call (651) 454-0002 to complete a locate request prior to construction. 2. The proposed building must be located a minimum of 40 feet from the Metropolitan Council Sewer Line. 3. The shed must meet all setback requirements. Gorra Variance Request Planning Case 11-09 September 6, 2011 Page 6 of 6 4. A Zoning Permit is required. 5. The accessory structure may not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. 6. The accessory structure may not be used as a separate dwelling unit. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Proposed shed elevation. 4. Reduced copy of lot survey. 5. Agricultural Exemption from Sate Building Code Relevant Minnesota Rules and Statues. 6. Public Hearing Notice and Affidavit of Mailing. giplan\2011 planning cases\I1-09 gorta variance-1680 west 78th street\pc staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Michael Gorra for a 5,880 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 4,000 square -foot accessory structure on property zoned Rural Residential (RR) — Planning Case #2011-09. On September 6, 2011, 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 Rural Residential (RR). The property is guided in the Chanhassen Comprehensive Plan for Residential -Low Density (1.2-4 units/acre), Residential -Medium Density (4-8 units/acre), and Residential -High Density (8-16 units/acre). 2. The legal description of the property is as follows: Government Lot 3, Section 10, Township 116, Range 23, except the North 66 feet, as measured along the West line, of said Government Lot 3. Also the Southeast quarter of the Southeast quarter of Section 10, Township 116, Range 23, except that part of the Southeast quarter of the Southeast quarter described as commencing at the Southeast comer thereof, thence West along the South line of said quarter -quarter 556 feet; thence North parallel with the East line of said quarter -quarter 593.2 feet; thence deflecting to the right an angle of 62 degrees 00 minutes 150 feet, more or less, to the center line of the creek; thence Easterly along the center line of the creek to the East line of said quarter -quarter; thence South along said East line to the point of beginning. 3. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The subject site is zoned Rural Residential (RR). The purpose of the request to exceed the 1,000 square -foot accessory structure limitation to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. Agricultural uses were addressed in the discussion of the amendment in 2007, in that it 0 would be a reasonable request based on a legitimate agricultural use and will be keeping in harmony with the general purpose and intent of the RR district. 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 practical difficulties of the variance to exceed the 1,000 square -foot limitation are directly related to the agricultural use of the property. The 126+ acres are currently farmed and contain horses within the existing stable. The proposed structure will house farm -related equipment and machinery. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is unique due to the fact that it is an agriculturally zoned property within the City. City ordinance permits agricultural uses, such as farming on property zoned Rural Residential. It is essential for an agricultural use to store faun -related equipment and machinery. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the variance to exceed 1,000 square -feet limitation for accessory structures will not alter the character of the locality. The subject site is in excess of 126 acres, it is zoned for and permits agricultural uses. The proposed accessory structure will provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. 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 #2011-09, dated September 6, 2011, prepared by Angie Kairies, et al, is incorporated herein. DECISION "The Board of Appeals and Adjustments approves Planning Case #2011-09 for a 5,880 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 4,000 square -foot accessory structure on property zoned Rural Residential (RR)." ADOPTED by the Chanhassen Board of Appeals and Adjustments this 6t' day of September, 2011. CITY OF CHAN1 ASSEN BY: Chairman CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant N me and Address: M%c e-L - �o2r/a S;, G ki A N 1 A SS Vll M A? ti Contact: Phone: ¢i ¢- 7 Q Fax:_ S Email: Property CA Nl Contact: -r- Phone: Email: Planning Case Noz�41 )—QGI NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) #O-CDe-0 Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X for Filing Fees!Att rney Cost** $50 P/SPRA/AC/VAF3DNAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ 4 5o cK a3 2� An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: LEGAL DESCRIPTION AND PID: 9T, .0 V h 0A s5w) ;S CJ1p0locr00/ V TOTAL ACREAGE: I p` 6 , � (G WETLANDS PRESENT: YES NO PRESENT ZONING REQUESTED ZONING: IVIA PRESENT LAND USE DESIGNATION: oyS e FA r- m- FA R M t ti C9 REQUESTED LAND USE DESIGNATION: S A iM e REASON FOR REQUEST: I U t e 4� V M AA)OP> ki A . f_ TIC, S JdRAi)'P_ FOR SITE PLAN REVIEW: Include number of existing employees: N ! A and new employees: /V / A This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that 1 am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Acz on� (4"j";Io1j Signature of Ap lic nt Vate Signature of Fee Owner Date 9:\Plan\fr \developm ni review applicatim.doc • 0. 60 Ae. CARLISLE MADSON COUNTY SURVEYOR 5.L. CARVER COUNTY. MINN. 410 oe.rr S, rinf ro- L PRIL 19 fCe �f7— CDmP DEC.00-10 COP j�. M SR Y n $cole ; Ip■ 2001 Agricultural Exemption from State Building Code Relevant Minnesota Rules and Statutes Minnesota Rules, Chapter 1300.0030 PURPOSE AND APPLICATION. Subpart 1. Purpose. The purpose of the code is to provide minimum standards to safeguard life and limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all structures and equipment specifically covered by the code in a jurisdiction that adopts and enforces the code. The purpose of the code is not to create, establish, or designate a particular class or group of persons who will or should be especially protected or benefited by the terms of the code. Subp.2. Application. A. The code applies statewide except as provided in Minnesota Statutes, sections 166.72 and 16B.73, and supersedes the building code of any municipality. The code does not apply to agricultural buildings except with respect to state inspections required or rulemaking authorized by Minnesota Statutes, sections 103F.141, subdivision 8, and 326.244. Minnesota Statutes, §16B.60 DEFINITIONS. Subd. 5. Agricultural building. "Agricultural building" means a structure on agricultural land as defined in section 273.13, subdivision 23, designed, constructed, and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, and sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products. Minnesota Statutes, §273.13 CLASSIFICATION OF PROPERTY. Subd. 23. Class 2. (a) Class 2a property is agricultural land including any improvements that is homesteaded. The market value of the house and garage and immediately surrounding one acre of land has the same class rates as class la property under subdivision 22. The value of the remaining land including improvements up to the first tier valuation limit of agricultural homestead property has a net class rate of 0.55 percent of market value. The remaining property over the first tier has a class rate of one percent of market value. For purposes of this subdivision, the "first tier valuation limit of agricultural homestead property" and "first tier" means the limit certified under section 273.11, subdivision 23. (b) Class 2b property is (1) real estate, rural in character and used exclusively for growing trees for timber, lumber, and wood and wood products; (2) real estate that is not improved with a structure and is used exclusively for growing trees for timber, lumber, and wood and wood products, if the owner has participated or is participating in a cost -sharing program for afforestation, reforestation, or timber stand improvement on that particular property, administered or coordinated by the commissioner of natural resources; (3) real estate that is nonhomestead agricultural land; or (4) a landing area or public access area of a privately owned public use airport. Class 2b property has a net class rate of one percent of market value. (c) Agricultural land as used in this section means contiguous acreage of ten acres or more, used during the preceding year for agricultural purposes. "Agricultural purposes" as used in this section means the raising or cultivation 0 of agricultural products. "Agricultural purposes" also includes enrollment in the Reinvest in Minnesota program under sections 103F.501 to 103F.535 or the federal Conservation Reserve Program as contained in Public Law 99-198 if the property was classified as agricultural (i) under this subdivision for the assessment year 2002 or (ii) in the year prior to its enrollment. Contiguous acreage on the same parcel, or contiguous acreage on an immediately adjacent parcel under the same ownership, may also qualify as agricultural land, but only if it is pasture, timber, waste, unusable wild land, or land included in state or federal farm programs. Agricultural classification for property shall be determined excluding the house, garage, and immediately surrounding one acre of land, and shall not be based upon the market value of any residential structures on the parcel or contiguous parcels under the same ownership. (d) Real estate, excluding the house, garage, and immediately surrounding one acre of land, of less than ten acres which is exclusively and intensively used for raising or cultivating agricultural products, shall be considered as agricultural land. Land shall be classified as agricultural even if all or a portion of the agricultural use of that property is the leasing to, or use by another person for agricultural purposes. Classification under this subdivision is not determinative for qualifying under section 273.111. The property classification under this section supersedes, for property tax purposes only, any locally administered agricultural policies or land use restrictions that define minimum or maximum farm acreage. (e) The term "agricultural products" as used in this subdivision includes production for sale of: (1) livestock, dairy animals, dairy products, poultry and poultry products, fur - bearing animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains, bees, and apiary products by the owner; (2) fish bred for sale and consumption if the fish breeding occurs on land zoned for agricultural use; (3) the commercial boarding of horses if the boarding is done in conjunction with raising or cultivating agricultural products as defined in clause (1); (4) property which is owned and operated by nonprofit organizations used for equestrian activities, excluding racing; (5) game birds and waterfowl bred and raised for use on a shooting preserve licensed under section 97A.115; (6) insects primarily bred to be used as food for animals; (7) trees, grown for sale as a crop, and not sold for timber, lumber, wood, or wood products; and (8) maple syrup taken from trees grown by a person licensed by the Minnesota Department of Agriculture under chapter 28A as a food processor. (f) If a parcel used for agricultural purposes is also used for commercial or industrial purposes, including but not limited to: (1) wholesale and retail sales; (2) processing of raw agricultural products or other goods; (3) warehousing or storage of processed goods; and (4) office facilities for the support of the activities enumerated in clauses (1), (2), and (3), the assessor shall classify the part of the parcel used for agricultural purposes as class 1b, 2a, or 2b, whichever is appropriate, and the remainder in the class appropriate to its use. The grading, sorting, and packaging of raw 0 agricultural products for first sale is considered an agricultural purpose. A greenhouse or other building where horticultural or nursery products are grown that is also used for the conduct of retail sales must be classified as agricultural if it is primarily used for the growing of horticultural or nursery products from seed, cuttings, or roots and occasionally as a showroom for the retail sale of those products. Use of a greenhouse or building only for the display of already grown horticultural or nursery products does not qualify as an agricultural purpose. The assessor shall determine and list separately on the records the market value of the homestead dwelling and the one acre of land on which that dwelling is located. If any farm buildings or structures are located on this homesteaded acre of land, their market value shall not be included in this separate determination. (g) To qualify for classification under paragraph (b), clause (4), a privately owned public use airport must be licensed as a public airport under section 360.018. For purposes of paragraph (b), clause (4), "landing area" means that part of a privately owned public use airport properly cleared, regularly maintained, and made available to the public for use by aircraft and includes runways, taxiways, aprons, and sites upon which are situated landing or navigational aids. A landing area also includes land underlying both the primary surface and the approach surfaces that comply with all of the following: (i) the land is properly cleared and regularly maintained for the primary purposes of the landing, taking off, and taxiing of aircraft; but that portion of the land that contains facilities for servicing, repair, or maintenance of aircraft is not included as a landing area; (ii) the land is part of the airport property; and (iii) the land is not used for commercial or residential purposes. The land contained in a landing area under paragraph (b), clause (4), must be described and certified by the commissioner of transportation. The certification is effective until it is modified, or until the airport or landing area no longer meets the requirements of paragraph (b), clause (4). For purposes of paragraph (b), clause (4), "public access area" means property used as an aircraft parking ramp, apron, or storage hangar, or an arrival and departure building in connection with the airport. Copyright © 2006 by the Office of Revisor of Statutes, State of Minnesota. 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on August 25, 2011, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Gorra Variance — Planning Case 2011-09 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of -V- , 2011. Notary P lic J. Eny�,.. � Clerk- 3" ' 4 KIM T. MEUWISSEN Notary Public -Minnesota �� My commission Expires Jen 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 6, 2011 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 Variance to allow an accessory structure Proposal: (agricultural building) in excess of 1,000 square feet on property zoned Rural Residential (RR). Applicant: Michael Gorra Property 1680 West 78" Street 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/serv/plan/l1-09.html. If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies(Dci.chanhassen.mn.us or by Comments: phone at 952-227-1132. if you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure; • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the application in writing, Any interested parry is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding Its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification Date & Time: Tuesday, September 6, 2011 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 Variance to allow an accessory structure Proposal: (agricultural building) in excess of 1,000 square feet on property zoned Rural Residential (RR). Applicant: Michael Gorra Property 1680 West 78" Street 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: • 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/serv/i)lan/l 1-09.html, If you wish to talk to someone about this project, please contact Angie Kairies by email at akairies cD.ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alters Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process, The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commissions recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317-8201 WALNUT GROVE & WALNUT VILLAS HOMEOWNERS ASSOCIATIONS 1801 E 79TH ST #21 BLOOMINGTON MN 55425-1230 LEN SIMICH SOUTHWEST TRANSIT 13500 TECHNOLOGY DR EDEN PRAIRIE MN 55344-2283 MICHAEL J GORRA 1680 78TH ST W CHANHASSEN MN 55317-4503 0 Affidavit of Publication Southwest Newspapers CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIESState NOTICE OF PUBLICICHEARING of Minnesota ) PLANNING CASE NO. 2011-09 )SS. NOTICE IS HEREBY GIVEN that the Chanhassen Planning Com- County of Carver ) mission will hold a public hearing on Tuesday, September 6,2011, at 7:00 P.M. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized hearing is to consider a request for agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- a Variance to allow an accessory structure (agricultural building) lager and has full knowledge of the facts herein stated as follows: al (R property zoned WestResidereet. aicha Street. (A) These newspapers have complied with the requirements constituting qualification as a legal Applicant: el Gorrath Applicant: Michael Gorra. new as provided Minnesota Statute 331 A.02, 331 A.07, and otherapplicable laws, as sP�+ P by A plan showing the location of amended. the proposal is available for public review on the City's web site at (B) The printed public notice that is attached to this Affidavit and identified as No. www.ci.chanhassen.mn.us/sere/ was published on the date or dates and in the newspaper stated in the attached Notice and said plan/11-09.html or at City Hall during regular business hours. All Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of interested persons are united to the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both tend this public hearing and as; inclusive, and is hereby acknowledged as being the kind and size of type used in the composition their opinions with respect to this to his and publication of the Notice: proposal. Angie Kairies, Planner I abcdefghi)khnnopgrstuvwxyz Email: akairies@ /1 ci.chanhassen.mn.us 1 Phone: 52-227-1132 . (Published in the Chanhassen Chanhassen Y: Villager on Thursday, August 25, Laurie A. Hartmann 2011: No 4545 Subscribed and sworn before me on this ,f day of 6 2011 oval ARKTAi31113 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 SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2011-09 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 6, 2011, 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 Variance to allow an accessory structure agricultural building) on property zoned Rural Residential (RR) located at 1680 West 78 Street. Applicant: Michael Gona. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.nm.us/sere/plan/11-09.html or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Angie Kairies, Planner I Email: akairiesna,ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on August 25, 2011) SCANNED MEMORANDUM TO: Angie Karies, Planner I FROM: Jerritt Mohn, Building Official DATE: August 8, 2011 SUBJ: Review of variance request to allow an agricultural accessory structure in excess of 1000 square feet at 1680 west 78`s St. Planning Case: 2011-09 I have reviewed the above request for a variance. Agricultural buildings are exempt from the Minnesota State Building Code (see MN Rule 1300.0030 and MN Statute 273.13). Therefore I have no comment. GA\PLAM2011 Planning Cases\11-09 Gorra Variance-1680 West 78th Street\buildingofficialcomments.doc SCANNED 0 0 Cfff OF Date: August 8, 2011 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: August 24, 2011 By: Angie Kairies, Planner I 952-227-1132 akairies@—ci.chanhassen.mn.us Subject: Request for Variance from Section 20-904 of the Chanhassen City Code to allow an accessory structure (agricultural building) in excess of 1,000 square feet on property zoned Rural Residential (RR) located at 1680 West 780' Street. Applicant: Michael Gorra. Planning Case: 2011-09 PID: 25-0100900 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on August 5, 2011. The 60-day review period ends October 4, 2011. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on September 6, 2011 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 24, 2011. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official L Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint(United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco $rq,;y=r Carver County, MN Disdaimec This man wascreate Map Scale N ;iglCarverCountysGeographic Information Systems (GIS), it is a rompilabon of information and data ham various City,Couny. State, and Federal offices. This map is not a 1 inch = 1172 feet surveyed or legally recorded map and is intended to be used as a w E reference. Carver County is not responsible for any inaccurades contained herein. Map Date 8/4/2011 S Carver County, M Cisdaimer This map aas creasetl using Carver Cmmtys Geographic Map Scale N informagon Systems (GIS). it is a compilatlon of information and data from 1 = 1172 feet State, and Federal offices. This map is not a or mused ota Inch surveyed or legally recordedmap and is intendetlhi Survey d legunry, W � E reference. Caner County is not responsible for any inaccurades Map Date contained herein. 8/4/2011 S City of Chanhassen P O BOX 147 CHANHASSEN MN 55317 08/04/2011 11:40 AM Receipt No. 0163271 CLERK: bethany PAYEE: MICHAEL GORRA 1680 WEST 78TH STREET CHANHASSEN MN 55317 Planning Case 2011-09 ------------------------------------------------------- Use & Variance 200.00 Notification Sign 200.00 Recording Fees 50.00 Total Cash Check 2382 Change 450.00 0.00 450.00 0.00 SCATiNED n u GORRA VARIANCE -PLANNING CASE 2011-09 $200.00 Variance $200.00 Notification Sign $50.00 Recording Escrow $450.00 TOTAL $450.00 Less Check #2385 from Michael Gorra $0.00 BALANCE SCA!SNED PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION and Contact: ' Phone: 4-7 ¢- 7 /lFax: A M i Email: Planning Case NOoPO) )—opt Property Owner Name and Address: Contact: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) A in0 Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X for Filing Fees/ rney Cost" $50 P/SPR/VAC A AP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ l JU Q9 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED • PROJECT NAME: / pp I� D L PTAR N LOCATION: /1 A() W, (94 ST' Y LQ r q I / Q - TOTALACREAGE: WETLANDS PRESENT: OYES NO PRESENT ZONING: R K REQUESTED ZONING: /V / iA , PRESENT LAND USE DESIGNATION: 14 ou5e — FA P— M — FA R M c It7 (9 REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: SAMe— FOR SITE PLAN REVIEW: Include number of existing employees: N / A and new employees: N / A This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Ap lic nt Vate Signature of Fee Owner Date 99plan\f rt \development review applicatioa.dw • 0 p�P CARLISLE MADSON JI". A ScALe IsCOUNTY SURVEYOR s.�. I �doi CARVER COUNTY. MINN. ,4-l" m OitAttr �r JWE It[vii: PRIL 1970 �[� !n- CR�mp- Y x All rM�,Q,QM d w Ole. i A W �o ' _— Sao.. _ _ C SCANNED 9 TAXPAYER SERVICES�pARTMENT Laurie Engelen, N�"er 600 East 4th Street, P.C.Box 69 T Chaska, MN 65318-0069 �� 952-361-1910 • www.CO.carver.mn.us ror me following online services Asd our wal at) MR co carver mn u • Pay your taxes online • Sign UP for our Tax Payment Reminder Property ID #: 25.0100900 rl Taxpayer: MICHAEL J GORRA V w 1680 W 78TH ST CHANHASSEN MN 55317-4503 I'II'd'nPllhhh'ghhrrl'rldln11411h'r144'drPlhl Bill#: 297120 Property Apes 126.46 Section 10 Township 116 Range 023 Desc: SE114 EXC: P10 GOW LOT 3 DESC AS COMM AT BE CORN TH W ON S LINE 556-TH N ALONG CENTER OFL WITH E ICREEK TO LINE TH ONE INOE TOOT OF G & ER OF XCC: E}ryyy g R-O-W a EXC P-217 MNOOT N 1680 78TH ST W amount on Form M1Pi ugust 15. If this box is 11 `� nlese amounts on Form MIp erty Tax and Credits 3. Property taxes before credits 4. Credits that reduce property taxes • PROPERTY TAX STATEMENT PROPERTY TAX VALUES & CLASSIFICATION Taxes Payable Year: Y010 201 Improvements Excluded: New Improvements/ Expired Exclusions: Taxable Market Value: 1,094,800 925,80( Property Classification: Ag Held AS Hstc This parcel has deferred Green Ages taxes You may be ell ible for one or even two refunds to reduce your property taY. REFUNDS? Read the back of this statement to find out how to apply. A copy of your tax statement emr be printed from our website. see tt you are eligible for a or tax refund. El:kad. you owe delinquent taxes and are not eligible, to see dyou are eligible fora special refund A. Homestead and Agricultural market value credits B. Other Credits 10.767,00 230.00 8,595.45 10,4WOO 230.00 7. Cror Town CITY OF CHANHASSEN A. CARVER COUNTY 3.445.99 B. CO RAIL AUTHORITY 3,218.7E 8. State General Tax 8.78 8.38 9. School District SD 0112 Eastern Carver Court ty 2.196.38 A, Voter Approved Levies 2,050.94 10. Special Taxing Districts B. Other Local Levies 3,284.81 1 3,497.49 A. Metro Districts B.Others `\ 1,019.37 238.28 879.42 223.84 C. t „� 253.51 240.34 11. Non -school voter approved referenda levies D CV7 12. Total Property tax before special assessments x1a ments �/ gg gg 88 89.81 on our roperty, 13. Special assessments Interest: 10.589. 10.209.00 RECYCLE MGT RESIAG Principal: 25.00 25.00 25.00 25.00 14. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS — 10,562.00 10,234.001 PAYABLE 2011 2nd HALF PAYMENT STUB TDPayonline90towww.co.carver.mn.us TO AVOID PENALTY PAY ON OR BEFORE: Property ID#: 25.0100900 November 15 Delinquh on ent t payyment feature is lbepaitlbo fora W rent year tax >e payment PLEASE INDICATE YOUR ADDRESS CORRECTION ON REVERSE SIDE OF THIS PAYMENT STUB. SECOND 1/2 TAX AMOUNT DUE: 1 5,117.00 Bill #: 297120 PENALTY: TOTAL: m sR Taxpayer: Make checks Payable to and remit to: c MICHAEL J GORRA 1680 W 78TH ST Carver County A m R CHANHASSEN MN 55317-4503 P.O. Box 69 Chaska. MN 55318-0069 FO g m r1III11111rrllll'IIII111'I"IIIIIIIIIIIIII"'IIIIIIIIIIrIIrllllrl Y �� 0 2 2 011 2 5 010 D 9 0 0 O D D 5117 D D 4 Postd`��d check is InapmW held.of Only °ial U s Palk o �ine5 0 yrnem � m rcheckl No mcept sent unless requested and is vood until check is honored. Manufactured Home taxes of Mot) or less and Real Estate taxes of VD(lo) or less must be nan ,, n el ,,. - .,.,;. .� r w 1