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CAS-09_PAUL, BRUCEko 0 Planning Case #: 04-09 Description: Variance for Setback Location: 10240 Mandan Circle Applicant: Bruce Paul Description Date Date of Pre -Application Meeting (if necessary) Date Application Submitted 1/27/04 Date of Staff Meeting Review 2/2/04 Date Referral Notices Sent/Distributed 2/6/04 Date Referral Agency Comments to be Received By 2/20/04 Date PH Notice to be emailed to Villager 2/12/04 Date PH Notice to be published in Villager 2/19/04 Date PH Notice to be mailed to Property Owners 2/20/04 Date PC Reports due 2/23/04 Date PC Packet goes out 2/25/04 Date of Planning Commission Review (PH date) 3/2/04 Date of City Council Review N/A Date of 60-Day Deadline 3/26/04 Document 1111111111 IN OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee: $ 19.50 Check#: 13391 Certified Recorded on 11-05-2004 at 2004-11-05 Jill CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NIINNESOTA VARIANCE 04-09 11:00'4AM ❑ PM Carl H Jr. Cou R rder 1. Permit. Subject to the terns and conditions set forth herein, the City of Chanhassen hereby grants the following variances: A maximum 6-foot variance from the 50-foot front yard setback requirement as shown on plans dated September 20, 2003, prepared by Allan R. Hastings 2. Procerty. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: That part of the Northwest Quarter of Section 36, Township 116, Range 23, described as follows: Commencing at a point on the North line of said Northwest Quarter, distant 300.0 feet east of the Northwest Comer thereof; and running thence South 4 degrees 26 minutes East a distance of 300.45 feet to the actual point of beginning; thence continuing South 4 degrees 26 minutes East a distance of 150.0 feet; thence West and parallel to said North line a distance of 315.1 feet more or less to the West Line of said Northwest Quarter, thence north along the said West Line a distance of 149.55 feet; thence east and parallel to said North line a distance of 310.4 feet more or less to the actual point of beginning. 3. Conditions. The variance approval is subject to the following conditions: a. The site shall not be used for a home occupation. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: March 2, 2004 SCANNED 0 0 CITY OF C�HANHASSEN BY: 1L Az (SEAL) Thomas A. Furlong, Mayor AND: odd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this g day of 2004 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City o hanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. N((!)kZYP C h 4AA\AAAAAAAAAAAMA6`I> '' KAHEN J. ENGELHARDT NotaryPublic- Minnesota ,. Pal/ Commission Expires 1(StlZC05 V`lVYV�JVVVVVVVVV°✓v City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 gAplan\2004 planning cws \04-09 - paul variance-10240 manden circleWcording documentdoc CITY OF CHANHAMEN 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 OAANSMITTAL 8/13/04 1►1517m, Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/15/03 03-04 2003-04 Conditional Use Permit Chanhassen Short Course 1 3/2/04 04-09 2004-09 Variance - 10240 Mandan Circle CORRECTED THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS COPY TO: ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints M For Recording ❑ PRINTS RETURNED AFTER LOAN TO US Meuwissen, (952) 227-1107 If enclosures are not as noted, kindly notify us at once. • • 1 f# CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, bHNNESOTA VARIANCE 04-09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variances: A maximum 6-foot variance from the 50-foot front yard setback requirement as shown on plans dated September 20, 2003, prepared by Allan R. Hastings 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: That part of the Northwest Quarter of Section 36, Township 116, Range 23, described as follows: Commencing at a point on the North line of said Northwest Quarter, distant 300.0 feet east of the Northwest Corner thereof; and running thence South 4 degrees 26 minutes East a distance of 300.45 feet to the actual point of beginning; thence continuing South 4 degrees 26 minutes East a distance of 150.0 feet; thence West and parallel to said North line a distance of 315.1 feet more or less to the West Line of said Northwest Quarter, thence north along the said West Line a distance of 149.55 feet; thence east and parallel to said North line a distance of 310.4 feet more or less to the actual point of beginning. 3. Conditions. The variance approval is subject to the following conditions: a. The site shall not be used for a home occupation. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: March 2, 2004 CITY OF C�HANHASSEN '�-a BY: IL k (SEAL) Thomas A. Furlong, Mayor AND: • �y� odd Gerhardt, City Manager STATE OF M04NESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 9 day of 2004 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City�h..n: a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. 117C : 017\ Y�II�C'7i City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 N T Y P05LIC L'I'SV AA AAAAAAAANi.AAAAAAA4s"> KARF�Y J. ENGELKkRDT •Public -Minnesota ion Expires 1/31i2C05VVVYVVVVVVVV�V� 9:Vlan\2004 planning cases\04-09 - paul variance-10240 m dan circleVccording doc MLdoc Campbell Knutson Professional Association ov CHANHASSEN CITY ATTORNEY'S OFFICE TRANSMITTAL LETTER 317 Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 Telephone: (651) 452-5000 Fax: (651) 452-5550 Author's Direct Dial: (651) 234-6222 E-mail Address: snelson@ck-law.com MEMORANDUM TO: Kim Meuwissen City of Chanhassen FROM: Susan R. Nelson, Legal Assistant DATE: July 22, 2004 SUBJECT: Variance 04-09 (10240 Mandan Circle - Bruce W. Paul) The enclosed variance was sent to me for review and recording. The variance is unacceptable for recording because the legal description is incomplete. The County Recorder's office needs you to describe in detail what part of the Northwest Quarter of Section 36, Township 116, Range 23. Do you have a more complete legal that can be used? 5RN:ms Enclosure SusaA R. Nelson, Legal Assisltant RtUtivep JUL 2 3 2004 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 04-09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: A maximum 6 ft. variance from the 50 ft. front yard setback requirement as shown on plans dated September 20, 2003, prepared by Allan R. Hastings 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: 10240 Mandan Circle, Part of Northwest Quarter of Section 36, Township 116, Range 23 3. Conditions. The variance approval is subject to the following conditions: a. The site shall not be used for a home occupation. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: March 2, 2004 (SEAL) CITY OF CHANHASSEN '7-a� BY � L Thomas A. Furlong, Mayor Todd Gerhardt, City Manager I r 1 a STATE OF MWNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this�Lfday of T 200-�by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. KAREN J. E%GELHAR0 NOINY Pub11c Minneso'a City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 CITY OF CHANHAREN 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 OFRi"RANSMITTAL 4/12/04 Sue Nelson Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 3/31/04 04-07 Variance 04-07 3637 South Cedar Drive -Tom & Jackie Johnson 1 3/31/04 04-09 Variance 04-09 10240 Mandan Circle -Bruce Paul THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: I ' SIGNED: "—�-Yd-r�----� rn uwisse (952) 227-1107 It enclosures are not as noted, kindly notify us at once 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NIINNESOTA VARIANCE 04-09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: A maximum 6 ft. variance from the 50 ft. front yard setback requirement as shown on plans dated September 20, 2003, prepared by Allan R. Hastings 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: 10240 Mandan Circle, Part of Northwest Quarter of Section 36, Township 116, Range 23 3. Conditions. The variance approval is subject to the following conditions: a. The site shall not be used for a home occupation. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: March 2, 2004 CITY OF CHANHASSEN BY:� k (SEAL) Thomas/A. Furlong, Mayor ice.^ Todd Gerhardt, City Manager STATE OF MINNESOTA ) (SS COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thisILkfday of 2004by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 CITY OF CHA NSEN T700 Market Boulevard March 22, 2004 PO Box 147 Chanhassen, MN 55317 Administration Phone:952.227.1100 Mr. Bruce Paul Fax:952.227.1110 10240 Mandan Circle Building Inspections Chaska, MN 55318 Phone: 952.227.1180 Fax:952.227.1190 Re: Variance Request #04-09 Engineering Phone:952,227.1160 Dear Mr. Paul: Fax: 952.227.1170 This letter is to notify you that on March 2, 2004, the Planning Commission Finance Phone:952227.1140 approved your request for a 6 ft. variance from the 50 ft. front yard setback Fax:952.227.1110 requirement as shown on the plans dated September 20, 2003, as prepared by Allan R. Hastings, with the following condition: Park BRemotion Phone: 952.227,1120 Fax:952.227.1110 1. The site shall not be used for a home occupation. Recreation Center 2310 Coulter Boulevard If you have any questions, please contact me at 952-227-1132. Phone: 952.227,1400 Fax:952.227,1404 Sincerely, Planning t Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Nathan Bouvet Public Works Planning Intem 1591 Park Road Phone: 952.227.1300 Fax:952.227.1310 NB:k Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web SAe www.ci.chanhassen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gaal place to livework, and play 5cc CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES MARCH 2, 2004 Chairman Sacchet called the meeting to order at 7:00 p.m. COMMISSION MEMBERS PRESENT: Uli Sacchet, Kurt Papke, Steve Lillehaug, Rich Slagle, Bruce Feik, and Bethany Tjomhom STAFF PRESENT: Bob Generous, Senior Planner, Paul Oehme, Public Works Director/City Engineer; and Nate Bouvet, Planning Intern PUBLIC PRESENT FOR ALL ITEMS: Janet & Jerry Paulsen Debbie Lloyd Dan Keefe 7305 Laredo Drive 7302 Laredo Drive 6670 Mulberry Circle PUBLIC HEARING: REQUEST FOR A FRONT YARD SETBACK VARIANCE TO EXPAND THE GARAGE FOR A SINGLE FAMILY HOME ON A ONE ACRE LOT, ZONED A2. LOCATED AT 10240 MANDAN CIRCLE. BRUCE PAUL, PLANNING CASE NO.04-09. Nate Bouvet presented the staff report on this item. Commissioner Papke asked staff to show what a 36 by 34 foot garage with an area of 1,224 square feet would look like on the drawing. Commissioner Lillehaug asked staff to explain their concern with the difference between a 36 by 34 versus a 36 by 46 since it's only 400 square feet. The applicant, Bruce Paul, 10240 Mandan Circle, stated his intent is to have a 3 car garage with an area to store this wood working equipment. Chairman Sacchet wanted to clarify that the city does not have a requirement for the size of garage in relationship to the size of home. The requirement is for setbacks. One of the problems with the application is intensifying a non -conformity. Bruce Paul stated his willingness to compromise on the 46 foot depth but needed to retain the 36 foot width. Commissioners Slagle and Claybaugh clarified the distance and support from the neighbor to the north. Chairman Sacchet opened the public hearing. There was no one wishing to speak and the public hearing was closed. After commissioner comments, the following motion was made. Claybaugh moved, Slagle seconded that the Planning Commission approve Variance #04-09 for a 6 foot variance from the 50 foot front yard setback requirement as shown on plans dated 9/20/03, prepared by Allan R. Hastings based upon the commission's findings that this is a reasonable request and the applicant's willingness to compromise on the size of the garage, with the following condition: 1. The site shall not be used for a home occupation. Planning Commission ary — March 2, 2004 All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY 18 UNIT TOWNHOUSE PROJECT, SUBDIVISION APPROVAL FOR 18 AND HIGHWAY 41); HIGHLANDS OF BLUFF CREEK; PLOWSHARES DEVELOPMENT, LLC. Public Present: Name Address Scott Bemas 6800 France Avenue South Susan McAllister 2930 West 78`s Street Todd M. Simning 1851 Lake Drive West Ed Hasek Westwood Professional Services Brent Hislop 1851 Lake Drive West Nathan Franzen 1851 Lake Drive West Bob Generous presented the staff report on this item. Commissioner Papke asked staff to explain how the applicant has greatly improved the plan, and the discrepancy between staff and the applicant's understanding of the primary zone line for Bluff Creek. Commissioners Tjornhom and Claybaugh asked for clarification regarding discussions that have taken place between staff and the applicant on the impact of loss of lots in this development. Commissioner Claybaugh asked staff to draw a parallel between the encroachment of the buildings and the encroachment of the storm water pond with respect to the placement near the bluff and location and function of the NURP pond. Commissioner Slagle asked for clarification on the trail and sidewalk circulation, and placement of the pond. Commissioner Feik asked for clarification related to canopy coverage and tree loss, and the feasibility of placing the NURP pond in the north. Commissioner Lillehaug had questions relating to zoning and the number of units allowable on the site. Chairman Sacchet asked how grading on the site went from 50 to 70 percent, clarification on the height of the retaining wall, and the primary zone boundary. Todd Simning with Plowshares outlined the changes and addressed issues raised in the previous Planning Commission meeting. Commissioner Lillehaug clarified that the applicant was requesting the city to revisit the primary zone location. Commissioner Feik asked if losing the 3 lots was a deal breaker. Todd Simning stated 2 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MARCH 2, 2004 Chairman Sacchet called the meeting to order at 7:00 p.m. COMMISSION MEMBERS PRESENT: Uli Sacchet, Kurt Papke, Steve Lillehaug, Rich Slagle, Bruce Feik, and Bethany Tjornhom STAFF PRESENT: Bob Generous, Senior Planner, Paul Oehme, Public Works Director/City Engineer; and Nate Bouvet, Planning Intern PUBLIC PRESENT FOR ALL ITEMS: Janet & Jerry Paulsen Debbie Lloyd Dan Keefe 7305 Laredo Drive 7302 Laredo Drive 6670 Mulberry Circle PUBLIC HEARING: REQUEST FOR A FRONT YARD SETBACK VARIANCE TO EXPAND THE GARAGE FOR A SINGLE FAMILY HOME ON A ONE ACRE LOT, ZONED A2, LOCATED AT 10240 MANDAN CIRCLE, BRUCE PAUL, PLANNING CASE NO.04-09. Nate Bouvet presented the staff report on this item. Sacchet: Questions from staff. Do we have questions of staff? Kurt, do you want to start? Papke: Yeah. Page 5. Point 3. Staff requests denial on the basis of the fact that the applicant has the ability to increase the size of the garage without the need for a variance by building a 36 by 34 foot garage with an area of 1,224 square feet. Could you give us an idea of what that proposal would look like? Bouvet: I'll put the map back here on the screen. The 50 foot setback is pretty much adjacent with the existing home as it is right now. Sorry if you can't really see that outline. So ideally the applicant could move the proposed garage 12 feet to the west to meet the 50 foot setback requirement. He's got about 2 feet to the west of the proposed garage is a setback from the bluff so if he was to move the proposed garage over 12 feet and take, instead of being 46 feet wide, making it 34 feet by 36 feet, running this way. Papke: So that would remove that front piece that currently exists, is that what you would propose? Bouvet: Correct. Planning Commission Meeting — March 2, 2004 Papke: And that would be a 3 car wide stall garage? Bouvet: It would be a 3 car wide garage. And it would meet all the setback requirements and be no longer non -conforming. Sacchet: Okay. Any other questions from staff? Claybaugh: Yes. Sacchet: Craig. Claybaugh: This may be better addressed to the applicant, though I'll ask you anyhow. Do you know what the current plan is? Is it to take down the existing garage? Bouvet: I spoke with the applicant and he might be able to clarify that better but he does intend to use the cement, the current cement flooring of the garage with the proposed garage but he would be taking down in essence the whole thing. Claybaugh: Okay. That's all the questions I have. Sacchet: Any other questions? Do you have questions Steve? Go ahead. Lillehaug: Also on page 5. Can you further explain the implications that, the statement guaranteeing that a garage with 1,656 square feet is sized to meet the home occupation. Where do you come up with that? Bouvet: Just due to the size. The home right now is roughly 1,500 square feet so his proposed garage is about 200 square feet larger than his home. Have had conversations about the intended use. He's stated that he's got a lot of wood making equipment and storage are in his basement of the home. Wanting to relocate it. City staff, myself kind of concluded that it could lead to a home occupation if it was used as a wood shop or a wood working or a construction type of place of business. Lillehaug: And you're indicating that reducing it to a 36 by 34 would reduce it by 400 square feet. I mean do you still have the same concern that it could be used for a home occupation even with that? I'm trying to figure out the difference between a 36 by 34 versus a 36 by 46, and it's only 400 square feet. Bouvet: I think the alternative that we had is making the depth less so you have enough room to park your cars but it lessens the storage space or the working area of the garage so to speak, but it still gives them that increase of a larger garage. Lillehaug: Okay. That's it, thanks. Sacchet: One quick last question on page 5 of the report. Commissioner Papke pointed out the statement that the applicant has the ability to increase the size of the garage Planning Commission Meeting — March 2, 2004 without needing a variance. By shrinking it a little bit. But then on the first finding you make a statement that creating a non -conforming structure, which makes it impossible to expand to the 42 year old garage to this size. That means the full size. Bouvet: Correct. Sacchet: I just want to be clear about that. So this is covered. Okay, that's all the questions. Thank you very much. With that I'd like to invite the applicant to come forward and if you have anything more to add, or any aspects you want to emphasize for us to consider, please state your name and address for the record. Bruce Paul: Bruce Paul, I live at 10240 Mandan Circle. My intent is to tear the whole garage down, cement and everything. Clear it all out of there. I need storage. If I didn't need the variance I could put a 36 by 34 there right now. I wouldn't have to go through this hassle. There will be no plumbing in the building other than I probably will heat it because I do have some wood working equipment that's stored in my basement that it needs to be heated or this stuff will rust. I'm an auto mechanic by trade so I don't intend on running a wood shop business. I probably have enough tools in my shop that I probably could fit a 10 by 12 building alone with that so I'm looking ahead when I do retire, this stuffs going to come home. I've got 3 cars and I'm trying to figure out where I'm going to put my boat, and I don't need two more sheds out in the back like some of the neighbors. It's tacky looking. I don't need it and I want to build something that's pleasing. It's going to be stucco and metal fascia and everything on it. It's going to match the house. My intent was to go the full dimension that I could. I didn't know that there was a square footage that I had to be within a certain size of my home for the garage. I mean I'm willing to cut back some, but I mean I wish you could at least meet me half way on some of this stuff but my intent is to have a 3 car garage there with an area to store this wood working equipment stuff in the back. I've got to heat it. I got to put it in there and have it heated. And I will cement the driveway and everything. I don't need anymore parking. I mean if you had me set it back, you're giving me a 10 by 36 chunk of concrete with no building over it which makes no sense. As far as traffic on the neighborhood, there's 3 cars maybe all day. So I mean I don't know what the problems is. I mean other than aesthetic looks, if I push it back where you want it, the garage will be back further than the neighbors home so now he'll have a better view of my front yard so when I have to do my septic, he can see my mound system. Sacchet: Alright. Bruce Paul: You know and, like I said and you maybe have a petition there. I did go to all the neighbors. I spoke with all of them. I had two of them that wanted to come here tonight. I said I probably don't need you here tonight. There's not a problem with any of them. I don't want a tacky looking building. I want a nice building. I'm going to retire. I'm going to live there. Have the money to do it now and this is why I want to do it. Sacchet: Ahght. 3 Planning Commission leleting — March 2, 2004 • Bruce Paul: So, you know, but basically I need storage. I need stuff to put things without putting buildings all around the yard. There's enough of those in the neighborhood already so. Sacchet: Alright. Any questions from the applicant? No? I have a question. You made a statement that, well let me clarify one thing first. I think it's important to clarify that. I'm not aware that there is a requirement of size of garage versus size of house. Where we have requirement is setbacks. I mean that's the framework that we establish as a city that we're trying to live by, and as I mentioned in my introduction, our role is to see to what extent does it apply. And now, you mentioned that you'd be willing to, and that it doesn't quite have to be that big. You see the problem, one of the problems with your application is that you're intensifying the non -conformity. You're not going further to the road but you're making it bigger on the same line. Now, would you be willing to go back a little bit to give a little more setback? Bruce Paul: Yeah, I need the 36 foot width. Sacchet: But you don't need the 40, what is it? Bruce Paul: That would give me the 3 car. The 46 in the depth, I'm willing to compromise on that. Sacchet: You would be willing, but you'd rather not go down to the 34 or what? Bruce Paul: 34 doesn't do, it hardly pays to take the garage down for that. Sacchet: What would do? Bruce Paul: Pardon? Sacchet: What would do? Bruce Paul: What would it do? Sacchet: Yeah. Bruce Paul: 34? Sacchet: You say 34 would not. Bruce Paul: No, 34 depth would not do hardly anything for me. Sacchet: So how much would be workable for you, that's my question. Bruce Paul: I'd like to see 40, 42. Planning Commission Meeting — March 2, 2004 Sacchet: 40, 42. Okay. Bruce Paul: Yeah. Sacchet: Alright. That's all the question I have. Bruce Paul: I mean I'm willing to give and take a little here but, and I hear you people. The only thing I see that the square footage doesn't quite match with the house, and I can agree on that. Maybe it's too big. Sacchet: That's for you to decide. Bruce Paul: And then you're worried that I'm going to use it for a residence so there will be no plumbing in it so. Sacchet: Well you're the judge of the size. I don't think we have any foundation from our side to get into that. Bruce Paul: I mean but that's what I'm kind of hearing that the city's... Sacchet: Well the concern about home occupation, that's sort of related to size but I don't think we're in a position to restrict size of garage. I mean if somebody wants a garage bigger than their house, there's absolutely nothing that I'm aware of in our code that we have to say about that. Generous: In this district, that's correct. Sacchet: In this district. Okay, yeah. So yeah, and ultimately we have to take your word about that. But you had a question. Slagle: Just one question. To confirm the property to the north, his driveway and garage is the closest thing to your property, is that correct? Bruce Paul: Yeah. I believe it's 4, I measured it out. I want to say it's 40 feet away. Slagle: Okay. Okay, that's all. Sacchet: That's all? Craig. Claybaugh: I guess I would like to follow up on Commissioner Slagle's question. Is that particular neighbor one that signed the petition? Bruce Paul: Yes it is and he actually come over and he says what are you doing here? So then I showed him. He says that's cool. He says as long as you don't go right to the lot line, I'm fine with it. Planning Commission Meeting — March 2, 2004 Claybaugh: Okay. That's all the questions I have. Sacchet: Alright. Well thank you very much. This is a public hearing so if anybody would like to make a statement about this matter in front of us, this is your chance to come up. Seeing nobody, I'll close public hearing. Bring it back to commission for discussion and comments. Anybody? Feik: I'll start. Sacchet: You want to start? Go ahead Bruce. Feik: I have no problem with the application as drafted. Sacchet: Okay. Feik: Reason being is a consistency issue. We've had numerous issues up in front of us in the past, some of which have been building on really an unbuildable lots where we have allowed an oversized 2 car garage to go across the street from an existing 2 car tuck under because the gentleman had, as he described, toys. And those were his words, and it was recommended by staff that we approve that. So based upon what we've done in the past, and in the spirit of consistency, I have no problem with the application as drafted. Papke: What you mean, you have no problem with. Feik: As drafted. Generous: As requested. Feik: As requested. Papke: Okay. Sacchet: So you would grant the variance? Feik: Grant the variance with all 46 feet. Sacchet: That's what I hear you saying, okay. Feik: Yes. Sacchet: Just want to be clear about it. Okay. Feik: Yes, because I think that would be consistent with what we have done over the last 3 years. Sacchet: Okay. Anybody else have a comment? 21 Planning Commission Meeting — March 2, 2004 Lillehaug: I do. Sacchet: Go ahead. Lillehaug: I'm looking at a real true photograph of the adjacent properties, and I see the adjacent houses with garages closer than, most definitely closer than 50 feet to the property line. And it doesn't appear that they're recorded non -conformances in the project that, or in the area. That house directly to the north, that house is closer than 50 feet. The house, that one and that one's closer than 50 feet. I mean it looks like it's staying consistent, you know 30 feet to the existing garage and the property line. I think that looks pretty consistent within the neighborhood. It's zoned agricultural. I don't see a problem with it. I think it's reasonable. They are increasing the intensity of the non- conformance but I think it's reasonable. Sacchet: Okay. Kurt, do you have a comment? Papke: I respectfully disagree. I believe the applicant has reasonable use with the staffs proposal of the smaller size, 36 by 34 garage. I think a 3 car garage is reasonable use and goes in the direction that we want to go. I mean the city code for variances under these circumstances is pretty clear. That we're not to extend the variance that currently exists and I think this one, there's no hardship at all under these circumstances so I support the staffs recommendation. Sacchet: Thanks Kurt. Bethany, do you have a comment? Tjornhom: You know I just don't ever want to stand beside or between a man and the size of his garage. It's a man's prerogative I think. I also don't have a problem with any of it because there's already a garage that was set in place there and your neighbors don't seem to have a problem with it. I don't have a problem with it either. Sacchet: Okay, Craig. Claybaugh: I actually came into the meeting of the mindset to vote to deny the request. 1,656 square feet strikes me as excessive. In the context of you not needing a variance, as Commissioner Sacchet had stated, that's your prerogative. In the context of requiring a variance to do it, that's another matter. After hearing you speak, I believe that your intension are quite genuine and would be willing to support the compromise that you alluded to in your comments. That's all my comments. Sacchet: Very good. Rich. Slagle: Basically the same as Commissioner Claybaugh. Sacchet: Yeah, and I'm in the same place. My position is that since the non- conformance is intensified, if the garage is being made bigger with the same setback, we 7 Planning Commission Meeting — March 2, 2004 really have to respect the rules, and the rules are very clear about that. That if there is a non -conforming situation, that if it gets changed, it should not be staying the same or getting worst. In this case it's getting worst, even though you stay the same distance from the road, so I was very happy to hear that you're willing to make a compromise and I think we, I would be totally comfortable giving you a 40 foot by 36 garage. Basically cutting the variance in half to 6 foot, rather than 12 foot variance. I think that would be appropriate in my opinion. Balance in this case. So with that I'd like to have a motion. Claybaugh: I'll make a motion that the Planning Commission deny, or I'm sorry. How should we approach this Bob with the modification? Just recommend approval with a 6 foot setback? Generous: Just change the setback that you would approve. Claybaugh: Okay. The Planning Commission approve Variance #04-09 for a 6 foot variance from the 50 foot which would become a variance from the 50 foot front yard setback requirement as shown on plans dated 9/20 as prepared by Allan R. Hastings based upon findings in the staff report and the following. Sacchet: We may have to change those findings because they're for denial. Feik: Just drop the findings. Claybaugh: In their entirety? Papke: Yeah. Sacchet: Throw out the findings and maybe state based on our finding that this is a reasonable request with that. Claybaugh: Okay, we'll drop the staffs findings and add the note that based upon the commissions findings, this appears to be a reasonable request. Sacchet: We have a motion. Is there a second? Slagle: Second and a point of clarification. Do you want to add any verbiage Commissioner to the fact that the applicant agreed to that? Claybaugh: I have no objections to it. Slagle: Okay. Sacchet: And do we want to have maybe a friendly amendment stating that this is not to be used for home occupation. I think that would be appropriate since there's concern from staff's side and it's not an issue for the applicant. • • Planning Commission Meeting — March 2, 2004 Claybaugh: I don't have any objections to that. Sacchet: Okay, very good. We have a motion. We have a second. We have some friendly amendments. Claybaugh moved, Slagle seconded that the Planning Commission approve Variance #04-09 for a 6 foot variance from the 50 foot front yard setback requirement as shown on plans dated 9/20/03, prepared by Allan R. Hastings based upon the commission's findings that this is a reasonable request and the applicant's willingness to compromise on the size of the garage, with the following condition: The site shall not be used for a home occupation. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Sacchet: It's appeal able, yes if you want to appeal that you can. Slagle: And if I may, Nate. Great, well written. Well written. Sacchet: Okay, thank you very much. PUBLIC HEARING: REQUEST FOR A LAND USE PLAN AMENDMENT FROM RESIDENTIAL - LOW DENSITY TO RESIDENTIAL -MEDIUM DENSITY; A CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT; PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) REVIEW FOR AN 18 TOWNHOUSE PROJECT: SITE PLAN REVIEW FOR AN 18 UNIT TOWNHOUSE PROJECT, SUBDIVISION APPROVAL FOR 18 TOWNHOUSE LOTS AND OUTLOTS, AND A VARIANCE FROM THE BLUFF CREEK OVERLAY DISTRICT SETBACK REQUIREMENTS ON 6 ACRES OF AND HIGHWAY 41); HIGHLANDS OF BLUFF CREEK; PLOWSHARES DEVELOPMENT, LLC. Public Present: Name Address Scott Bemas Susan McAllister Todd M. Simning Ed Hasek Brent Hislop Nathan Franzen 6800 France Avenue South 2930 West 78's Street 1851 Lake Drive West Westwood Professional Services 1851 Lake Drive West 1851 Lake Drive West 0 RECEIVED E® y /UD MAR 0 1 2004 CITY OF CHANHASSEN vl�7 , et tG .Zae 0 0 Should the Planning Commission recommend approval of this request, staff recommends the following conditions be met: 1. Permits must be obtained before beginning construction, alterations or demolition. 2. No additional structure encroachments into the required setbacks. 3. Show existing and proposed contour elevations on the survey. 4. Existing gravel driveway be paved. 5. Show the proposed center line elevation of the driveway at the street. 6. The new driveway must comply with City Code Ch. 20, Sec.1122. Specifically, the following requirements apply: a) Driveways shall be setback at least five (5) feet from the side property lines, beginning at twenty (20) feet from the front yard setback unless an encroachment agreement is received from the city. b) Driveway grades shall be a minimum of one-half of one (0.5) percent and a maximum grade of ten (10) percent at any point in the driveway. c) In areas outside of the MUSA, driveways shall be surfaced from the intersection of the road through the right-of-way portion of the driveway with bituminous, concrete or other hard surface material, as approved by the city engineer. d) For A-2, RSF, and R14 residential uses, the width of the driveway access shall not exceed twenty-four (24) feet at the right-of-way line. No portion of the right-of-way may be paved except that portion used for the driveway. Inside the property line of the site, the maximum driveway width shall not exceed thirty-six (36) feet. The minimum driveway width shall not be less than ten (10) feet. 0 CITY OF CIIANIIASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on February 20, 2004, 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 variance to front yard setback at 10240 Mandan Circle, Bruce Paul - Planning Case No. 04-09 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 swom to before me this day of rel3rLAc4rj , 2004. LM_A_ (• IO � r iA�1il � Not c gAengWormsXarfidavit.doc CK �ires 1/dt/2005 ObTICE OF PUBLIC HEARING • CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, MARCH 2, 2004 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Variance to Front Yard Setback APPLICANT: Bruce Paul PLANNING CASE #04-09 LOCATION: 10240 Mandan Circle NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Bruce Paul, is requesting a variance to the front yard setback to expand the garage for a single-family home on a 1-acre lot, zoned A-2. What Happens at the Meeting: 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: 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. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Nathan Bouvet at 952-227-1132 or e-mail nbouvet@ci.chanhassen.mn.us. 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. Notice of this public hearing has been published in the Chanhassen Villager on February 19, 2004. Location Map 0 Public Hearing Notification Area 10240 Mandan Circle City of Chanhassen Planning Case No. 04-09 Subject Property • ALBERT & SARAH J AVEDIKIAN 10220 MANDAN CIR CHASKA MN 55318-9401 BRUCE W PAUL 10240 MANDAN CIR CHASKA MN 55318-9401 GARY & DEBRA ANDERSON 725 CREEKWOOD CHASKA MN 55318-9621 JAMES E & R SUSAN PEDERSEN 10300 MANDAN CIR CHASKA MN 55318-9401 ANNE & CLARA VOGEL 815 CREEKWOOD DR CHASKA MN 55318-9643 DANIEL SCHAITBERGER & CATHERINE A SCHAITBERGER 10241 MANDAN CIR CHASKA MN 55318-9402 HARRY E NIEMELA 10670 POPPITZ LN CHASKA MN 55318-9280 JAMES W SABINSKE 775 CREEKWOOD CHANHASSEN MN 55318-9621 JOHN C & KATHLEEN M CHLEBECEK JOHN J & J PHILLIPS ETAL C/O 10260 MANDAN CIR JAMES & CHERYL SULERUD CHASKA MN 55318-9401 730 VOGELSBERG TRL CHASKA MN 55318-9461 RENEE L STRICKLAND 10251 GREAT PLAINS BLVD CHASKA MN 55318-9468 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 RICHARD T HALVER 10271 GREAT PLAINS BLVD CHASKA MN 55318-9468 g:\plan\2004 planning cases\04-09 - paul variance-10240 mandan circle\ph notice labels.doc BLUFF CREEK GOLF ASSOC 1025 CREEKWOOD DR CHASKA MN 55318-9647 DONALD E HALLA & SANDRA J CWAYNA HALLA 10000 GREAT PLAINS BLVD CHASKA MN 55318-9465 JAMES E & GAIL E BECKER 10291 MANDAN CIR CHASKA MN 55318-9402 JOHN & ELAINE Z MALAKOWSKY 10301 GREAT PLAINS BLVD CHASKA MN 55318-9467 MARK D & KAY M HALLA 770 CREEKWOOD DR CHASKA MN 55318-9620 SPENCER L & GLORIA A BOYNTON TRUSTEES OF TRUSTS 777 CREEKWOOD CHASKA MN 55318-9621 1j1jClrlfp OF 1�Sj MEMORANDUM C IN SEN TO: Nathan Bouvet, Planning Intern 7700PMaarrkkeetox Boulevard FROM: Matt Saam, Asst. City Engineer147 Chanhassen, MN 55317 DATE: February 18, 2004 Administration PFax:952.227.11100 Fax: 952227.1110 SUBJ: Review of Bruce Paul Variance Request q 10240 Mandan Circle - Planning File No. 2004-09 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Upon review of the site survey dated November 4, 2003, I offer the following Engineering recommendations: Phone: 952.227.1160 Fax: 952,227.1170 RECOMMENDED CONDITONS OF APPROVAL Finance Phone: 952227,1140 1. Show existing and proposed contour elevations on the survey. Fax: 952.227.1110 Park & Recreation 2. Show the proposed center line elevation of the driveway at the street. Phone: 952.227.1120 Fax 952.227.1110 3. The new driveway must comply with City Code Ch. 20, Sec. 1122. Recreation Center Specifically, the following requirements apply: 2310 Coulter Boulevard Phone:952.227.1400 Fax:952.227.1404 a. Driveways shall be setback at least five (5) feet from the side property lines, beginning at twenty (20) feet from the front yard setback unless Planning A an encroachment agreement is received from the city. Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 b. Driveway grades shall be a minimum of one-half of one (0.5) percent and a maximum grade of ten (10) percent at any point in the Public Works driveway. 1591 Park Road Phone: 952227.1300 Fax:952.227.1310 c. In areas outside the MUSA, driveways shall be surfaced from the intersection of the road through the right-of-way portion of the Senior Center Phone: 952.227.1125 driveway with bituminous, concrete or other hard surface material, as Fax: 952.227.1110 approved by the city engineer. Web Site d. For A-2, RSF, and R-4 residential uses, the width of the driveway www.ci.chanhassen.mn.us access shall not exceed twenty-four (24) feet at the right-of-way line. No portion of the right-of-way may be paved except that portion used for the driveway. Inside the property line of the site, the maximum driveway width shall not exceed thirty-six (36) feet. The minimum driveway width shall not be less than ten (10) feet. c: Paul Oehme, Director of Public Works/City Engineer Dan Remer, Eng. Tech III gAengUmtL\nm os\staffreporrs\paul varianceAm The City of Chanhassen • A growing community with clean lakes, qualily schools, a chanting downtown, thriving businesses, winding trails, and beautiful parks. A gloat place to live, work, and play. NOTICE OF PUBLIC HEARING PLANNING CASE NO. 04-09 CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, March 2, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to consider the request for a variance to the front yard setback to expand the garage for a single-family home on a 1-acre lot zoned A-2located at 10240 Mandan Circle, Bruce Paul - Planning Case No. 04 09. A plan showing the location of the proposal is available for public review 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. Nathan Bouvet, Planning Intern Phone: 952-227- 1132 Email: _i' hand (Published in the Chanhassen Villager on Thursday, February 19. 20K No. 4105) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. � _5 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopqrstuvwx z B Laurie A. Hartmann Subscribed and sworn before me on this day of 004 Notary Public C7WEN M.RADUENZ NOTAFIY rII&.IC WKESOTA L sby My Commission ExpiwJam.31,2005 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter ................................ $22.00 per column inch Rate actually charged for the above matter... ............................................ $10.85 per column inch MEMORANDUM TO: Nathan Bouvet, Planning Department FROM: Steven Torell, Building Official DATE: February 13, 2004 SUBJ: Review of variance request to expand a garage located at 10240 Mandan Circle. Bruce Paul Planning Case: 2004-09 I have reviewed the above request for a variance and have the following comments: 1. Permits must be obtained before beginning construction, alterations or demolition. 2. The proposed alternate ISTS site must be evaluated for compliance with City Code prior to the issuance of a building permit. G/safety/st.memos/plan/variance/10240 Mandan Circle n I_ • City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Bruce W. Paul 10240 Mandan Circle Chaska, MN 55318 Ship To: Invoice SALESPERSON DATE TERMS Kim 2/13/04 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 18 Property Owners List within 500' of 10420 Mandan Circle (18 labels) $3.00 $54.00 SUBTOTAL SHIPPING & HANDLING TOTAL DUE $54.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #04-09. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! gAplaa\2004 planning c \04-09 - paul varia -10240 mandan circle\invoice-gis.dm 0 Location Map 0 Public Hearing Notification Area 10240 Mandan Circle City of Chanhassen Planning Case No. 04-09 Subject Property ALBERT & SARAH J AVEDIKIAN 10220 MANDAN CIR CHASKA MN 55318-9401 BRUCE W PAUL 10240 MANDAN CIR CHASKA MN 55318-9401 GARY & DEBRA ANDERSON 725 CREEKWOOD CHASKA MN 55318-9621 JAMES E & R SUSAN PEDERSEN 10300 MANDAN CIR CHASKA MN 55318-9401 ANNE & CLARA VOGEL 815 CREEKWOOD DR CHASKA MN 55318-9643 DANIEL SCHAITBERGER & CATHERINE A SCHAITBERGER 10241 MANDAN CIR CHASKA MN 55318-9402 HARRY E NIEMELA 10670 POPPITZ LN CHASKA MN 55318-9280 JAMES W SABINSKE 775 CREEKWOOD CHANHASSEN MN 55318-9621 JOHN C & KATHLEEN M CHLEBECEK JOHN J & J PHILLIPS ETAL C/O 10260 MANDAN CIR JAMES & CHERYL SULERUD CHASKA MN 55318-9401 730 VOGELSBERG TRL CHASKA MN 55318-9461 RENEE L STRICKLAND RICHARD T HALVER 10251 GREAT PLAINS BLVD 10271 GREAT PLAINS BLVD CHASKA MN 55318-9468 CHASKA MN 55318-9468 BLUFF CREEK GOLF ASSOC 1025 CREEKWOOD DR CHASKA MN 55318-9647 DONALD E HALLA & SANDRA J CWAYNA HALLA 10000 GREAT PLAINS BLVD CHASKA MN 55318-9465 JAMES E & GAIL E BECKER 10291 MANDAN CIR CHASKA MN 55318-9402 JOHN & ELAINE Z MALAKOWSKY 10301 GREAT PLAINS BLVD CHASKA MN 55318-9467 MARK D & KAY M HALLA 770 CREEKWOOD DR CHASKA MN 55318-9620 SPENCER L & GLORIA A BOYNTON TRUSTEES OF TRUSTS 777 CREEKWOOD CHASKA MN 55318-9621 CITY OF CHANHASSEN • 7700'MARKET BLVD CHANHASSEN MN 55317 Payee: BRUCE W PAUL Date: 02/18/2004 Time: Receipt Number: EE / 4567 Clerk: BETTY PROPERTY OWNER LIST ITEM REFERENCE ------------------------------- GIS GIS LIST Total: Check 8356 Change: THANK YOU FOR YOUR PAYMENT! 4:12pm 2\ui�lI1�YY 54.00 54.00 54.00 0.00 • Page 1 of 1 Meuwissen, Kim From: Meuwissen, Kim Sent: Thursday, February 12, 2004 9:20 AM To: 'legal@swpub.com' Cc: Bouvet, Nathan Subject: Legal Notice for Publication Please publish the attached notice of public hearing on February 19, 2004 (Planning Case #04-09). Kim Meuwissen Planning Secretary City of Chanhassen 952-227-1107 2/12/2004 NOTICE OF PUBLIC HEARING PLANNING CASE NO.04-09 CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, March 2, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to consider the request for a variance to the front yard setback to expand the garage for a single-family home on a 1-acre lot zoned A-2 located at 10240 Mandan Circle, Bruce Paul — Planning Case No. 04-09. A plan showing the location of the proposal is available for public review 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. Nathan Bouvet, Planning Intem Phone: 952-227-1132 Email: nbouvet@ci.chanhassen.mn.us (Publish in the Chanhassen Villager on February 19, 2004) GAPI.AM2004 Planning Cas \04-09 -Paul Variance-10240 Mandan CircleNPH No ice w Villager.dm 0 0 City Review Procedure Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, 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. This report 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. City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 UM OF (952)227-1100 Date: February 6, 2004 To: Development Plan Referral Agencies From: Planning Department By: Nathan Bouvet Subject: Request for a front yard variance to expand the garage for a single-family home on a 1-acre lot, zoned A-2, located at 10240 Mandan Circle, Bruce Paul Planning Case: 2004-09 The above described application for approval of a land development proposal was fled with the Chanhassen Planning Department on January 27, 2004. The 60-day review period ends March 26, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on March 2, 2004 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than February 20, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments 8. Telephone Company a. City Engineer (Qwest or United) b. City Attorney c. City Park Director 9. Electric Company d. Fire Marshal (Xcel Energy or MN Valley) e. Building Official f. Water Resources Coordinator 10. Medicom g. Forester 2. Watershed District Engineer 11. U. S. Fish and Wildlife 3. Soil Conservation Service 12. Carver County a. Engineer 4. MN Dept. of Transportation b. Environmental Services 5. U.S. Army Corps of Engineers 13. Other- 6. CenterPoint Energy Minnegasco 14. 7. MN Dept. of Natural Resources Location Map 10240 Mandan Circle City of Chanhassen Planning Case No. 04-09 Subject Property January 20, 2004 Variance Committee City of Chanhassen Dear Committee Members, This letter is to petition for a variance on the setback from the street for a garage I am going to build. The new structure will take the place of the existing smaller garage on my property. I would appreciate your consideration, because the following conditions on the property leave me with no other options. The property has many limitations for the placement of a new structure. Because of these limits, I have to build the new garage on the same footprint as the existing structure. There is a nature bluff on the west side of the property, which limits how far the building may be set to the west. I respect the 30ft. setback from the bluff as an important environmental easement. On the south side of the property is my drain field. With future provisions being made to residential drain mounds throughout the area, and the fact that my well would be jeopardized, there is no possibility of moving the structure closer to the house. I did explore the option of a variance to the north. I feel this would not be an option pleasing to my neighbor. This limits the area on the property to build the garage. My current plan would be to utilize all of the property easement to the north. This will allow me to get the width I need for the building. In order to get the length I need, I am asking that the building be allowed to stay at its' current setback from the street. This would keep the neighborhood looking as it does now and allow me the room I need to house all of my needs. Without the variance, it would take 10 ft. off the length of the building, not giving me the room I need for storage. The current structure's setback does not in any way block the line of sight for any vehicles on the road, causing an unsafe condition. The existing driveway is almost three car lengths from the edge of the street. It is evident that in 30 years this distance has not been a problem for the neighborhood. The new structure will be more in keeping with the style and overall appearance with the homes around mine. It is important to me that my property does not reflect badly on my neighbor's. I would like to provide inside storage for all of my vehicles, and house maintenance equipment. If the new structure was built under the current setback provisions, it would open up a view of my front yard and give my neighbor a view of the drain field and possibly take away some of the privacy he now enjoys. The granting of this variance would be in the best interest of the neighborhood and myself. It reflects the improvements that many of my neighbors have already made to their property. I would appreciate any time or consideration you are able to allow. Respectfu4joum Bruce Paul 10240 MANDAN CIRCLE CHASKA, MN 55318 01/06/2004 16:09 952-985-5828 Darr an wi4`r IDfFflR![ATIdN 6mcitcoallisi' W•. +i I.tlk+.ti r1�sL. /1. aME'lllwg(�. 1 wit e I Iu1[ tr.atm..e sxna thdlea*7 bito vatw * - °r'T] Mn ifMGet�L rem ❑ Tw.�a Good +M�aLiM ^n 1:� 5w1ap a Dao teat 50oat4mo with 0 FL"41+4 potaatw Rzod"s w�T•"�rC" x t rb .: �y44,211 nstLOal ra(Sge>ye>a podAt ❑ LOoadon r� dli4tsbod V .,� 'it70 r pEayyr'. '• Gi w tM! ❑ Loceilm of raf-ss jotoaLlltl"�YL�, i '` y atdsyy�ydy{ 60 fw¢ {L AM { of 'am❑ of 6ot{OA of.,, Over op"'VY Wro[s4 ❑ Aedea few Lo fear *Wh d r_. .may-.l.r..-... t:.�d' '`�.'•'r+r. I I 1 I �.. :,/ .ti`r;4.2n %� { I K� V t 1 I � 1 • � e • 1 _ 1 1 tttM �"rt�i,'ira;• i i I... 1 } I I �I' - � �I sye .i. 1 19 It ..tom-.. � _� 4 I I 1 ! f �� J , V X I I I 1 + I '•-. fin A I I I I i We ' 4 a 11 g _ ' •1 t y� tl,.• .� ( 4 1 t I 1 ll i 1 --�-- 'w r Ihaebye as the Sate oflliaaeson Li"emol Site):valxabr dulttTe itsdisidunlsewage heatmentrystcm dingramW i Sheet is dmi m a daaoe wi th RII �,. gltm" appli"Ybio tequaameaks ofMiouaota&ales Clupx 7080.YM IWg;am atuk oa{,ite .. t, temmmnt System is s leas ofthe date at the bonom ofthis fmmS?t l6esite ldeutifed to thisrwri No ductminatidn of future j e• hydtaul' t.ace be made due to futwe water usage aver the tire of the system. ' Fo 2 : �Rvtz t��uL /6 ' ,r 9 �q 14 i 5 i eo /sly irN: WoSl r2 6 6cAlf&3 ��'j101V A m x 9' A C-xgrc ace — Doo 2 09 r M c� co Ul UI /bb/ 2U04 16: t79 9b2-9Ub-5828 LAG OF SOIL BORIN& HAut UJ Location of Project: 10240 Ma—ndan Circle Borings made by Tom Klanchnik Classification System: AASHO Date: December 26. 2003 USDA-SCS __X_ Unified Other Auger Used (check two): Hand —X— Powes — FhSbt Bucket _X Other — 4 Tnrh RAM A,,.M b ba Feet Boring NwAvr ^BI Surface Elevation Depth Feet Boring Number B2 Surface Elevation 1 T 1032 2/2 Sandv Clay 1 _ 10 YR 2/2 Loaq 10 YR 5/4ay Loam 10 YR 4/3 Loam 2 — 10 YR 6/4 Clgy 2 — 10 YR 2/1 Loam 3— 9— 4— M�#led at 18" 4— Motu " 5- 7— 17 End of Boring at 2A ject. Standing Water Table: Present at feet of depth, hours after boring. Not Present in boring hole _ Mottled Soil: Observed at L5 feet of depth. Not Present in boring hole Observation and Comments: End of Boxing at 2.5 feet. Standing Water Table: Present at feet of depth, hours after boxing. Not Present in boring hole X Mottled Soil: Observed at _ 1 •g feet of depth Not Present in boring hole ____ Observation and Comments: 0 • SURI,Sy 'FOR & SRUC EPRUL 1azfb4uJ r 11!11azl 1�UJY4Y�r '146 R �' - ' q ue • t1 < l�l at9fl;:�MAvc2 A� y s� Q l a. 92s,, I avr 28A 91" ,4Z That part of the Northwest Quarter of Section 36� Township 116, Range 233337described as follow.; Commencing at a point on the North line of said Northwest Quarter, distant 300.0 feet east of the Northwest Corner thereof; and running thence South 4 26' East a distance of 300.45 feet t7- to the actual point of beginning; thence continuing South 4 26' East a distance of 150.0 feet; p thence West and parallel to said North line a distance of 315.1 feet more or less to the West 6 Line of said Northwest Quarter; thence north along the.said West Line a distance of.149.55 feet ,thence east and parallel to said North line a distance of 310.4 feet more or less to the actual point of beginning. Ak.R',S3o,2 k` •f�, x 3c�% = lq �BSq.i A� �. _.4.z� ..;a� ----- - -- GR•R 4-kR = 5718 4%�� 4-'�% Dr.,nLOTFs C.oaaeF� IUJ��b: Bearings are assumed qab?%Eb Goa AREA-- 1(050 •ob i ' p Subject to easements- of record if any CpQE)Z \JSVW qW GKAhE,- ID,S+C�D O Denotes set or found iron pipe monuments -! " ' Q Proposed garage floor elevation Proposed top of block elevation Proposed lowest floor elevation l$; �lU�tkuWi GZKOE Foe D►-NiA , MXE To Rt1N oN (SJL"5 VS 2.0o/0 '�: CoNTou¢� Fet,+h Rts�unn,W �Q.,.� Fl.a•�- Ar $ Denotes set wood hub and tack '7g¢o Denotes existing elevation 8!}p Denotes proposed finish grade elevation Denotes direction of surface drainage I hereby certify that this is s true and correct representation of a survey of the boundaries of ilk UbW*- 'ciescr,6ed. �1oPer�� IVY Q jMZQ M County, Minnesota as on file and of record in the Office of the CountyRecorder in and for said County, also showing the proposed'location of a house as staked thereon. That I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Dated: Re,mF'o; f�o�Ewt[ EtZ 4�Zoo3 Allan R. Hastings Minnesota Registration No..17009 212 First Avenue E. (� Suite No.. C 'W11 1[T� OPWJD\ � FWMSH60-70 DM. Shakopee, Minnesota 55379 -----._.. Phone 952 445 4027 FILE W �LUFF Ci`MK t(nt+LKObS 0 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: February 6, 2004 To: Development Plan Referral Agencies From: Planning Department By: Nathan Bouvet Subject: Request for a front yard variance to expand the garage for a single-family home on a 1-acre lot, zoned A-2, located at 10240 Mandan Circle, Bruce Paul Planning Case: 2004-09 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on January 27, 2004. The 60-day review period ends March 26, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on March 2, 2004 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than February 20, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Soil Conservation Service 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other- 14. l • Location Map 10240 Mandan Circle City of Chanhassen Planning Case No. 04-09 d N O- Subject Property Creekwood Dr 3 a rea` �OBe/s6 er Ti • CITY OF CHANHASSEN STAFF REPORT PC DATu- 1/2/04 CC DATE: 3/22104 REVIEW DEADLINE: 3/26/04 CASE #: 04-09 BY: NB PROPOSAL: Request for a 12 foot front yard setback variance from the required 50 foot front yard setback to expand an existing garage for a single-family home on a 1-acre lot, zoned A-2. LOCATION: 10240 Mandan Circle Part of North West Quarter of Section 36, Township 116, Range 23 a APPLICANT: Bruce Paul l5 10240 Mandan Circle Chaska, MN 55318 PRESENT ZONING: Agricultural Estate District (A-2) 2020 LAND USE PLAN: Residential - Large Lot ACREAGE: 1.1 acres DENSITY: N/A SUMMARY OF REQUEST: The applicant is requesting a 12 foot front yard setback variance from the required 50 feet, for the construction of a 46 foot by 36 foot (1,656 sq. ft.) garage. Staff is recommending denial of the request. 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. Subject Property c Cz "Creekwoodr VO 9e�sb s T er r ai/ 9 Hennepin County Trail Corridor N` Planning Department >� Paul Variance • • Planning Case #04-09 March 2, 2004 Page 2 of 7 PROPOSAL SUMMARY The applicant is requesting a 12-foot front yard variance of Section 20-575(5)(a) to construct a 46' x 36' foot (1,656 sq. ft.) garage. The site currently contains a single-family home (1,534 sq. ft.) and a 22' x 24' (528 sq. ft.) garage. The garage is a legal non -conforming structure maintaining a 38.9' front yard setback. The zoning ordinance requires a 50-foot front yard setback. The applicant is proposing to maintain the existing front yard setback and increase the size of the garage by 1,128 sq. ft. from its existing state. The city code prohibits expansion of non -conforming structures. The property is located at 10240 Mandan Circle; part of the Northwest Quarter of Section 36, Township 116, Range 23. It is zoned Agricultural Estate District, A-2, which intends to preserve a rural character while respecting development patterns by allowing single-family residential development. Access to the site is gained via Mandan Circle (a local street/cul-de-sac). The westerly half of the site is occupied by a bluff and is heavily wooded. APPLICABLE REGULATIONS DIVISION 4. NON -CONFORMING USES* Sec.20-71. Purpose The purpose of this division is: (1) To recognize the existence of uses, lots, and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension of any non -conforming use, building, or structure; Paul Variance • • Planning Case #04-09 March 2, 2004 Page 3 of 7 (3) To encourage the elimination of non -conforming uses, lots, and structures or reduce their impact on adjacent properties. Sec. 20-72. Non -conforming uses and structures (a) There shall be no expansion, intensification, replacement, structural change, or relocation of any non -conforming use or non -conforming structure except to lessen or eliminate the nonconformity. (b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a non -conforming lot or that is a non -conforming use or structure may be altered, or expanded; provided however, that the nonconformity may not be increased. If a setback of a dwelling is non -conforming, no additions may be added to the non -conforming side of the building unless the addition meets setback requirements. (e) Maintenance and repair of non -conforming structures is permitted. Removal or destruction of a non -conforming structure to the extent of more than fifty (50) percent of its estimated value, excluding land value and as determined by the city, shall terminate the right to continue the non -conforming structure. (f) Notwithstanding the prohibitions contained in the foregoing paragraphs of this section, if approved by the city council a non -conforming land use may be changed to another non- conforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Section 20-575 Lot Requirements and Setbacks. (4) The minimum setbacks are as follows: a. For front yards, fifty (50) feet. b. For rear yards, fifty (50) feet. c. For side yards, ten (10) feet. Sec. 20-1401. Bluff Protection (a) Structures, including, but not limited to, principal buildings, decks, and accessory buildings, except stairways and landings, are prohibited on the bluff and must be set back from the top of the bluff, the toe of the bluff, and the side of a bluff at least thirty (30) feet. (b) On parcels of land on which a building has already been constructed on June 1, 1991, the setback from the top of the bluff is five (5) feet or existing setback, whichever is more, for additions to an existing building. Any new buildings will have to meet the thirty-foot setback. BACKGROUND The home located on the property was built in 1962, prior to the adoption of the 1972 zoning ordinance. Due to the date of fast construction and the unique shape of the 49,530 square foot agricultural lot and the existing bluff, the existing 528 sq. ft. garage has a 38.9-foot front yard setback and does not conform to the required 50-foot setback as stated in Section 20-575 of the Chanhassen City Code. Paul Variance • • Planning Case #04-09 March 2, 2004 Page 4 of 7 The applicant is proposing to convert/expand the existing non -conforming 528 sq. ft. garage located north of the home. The garage is setback 38.9 feet from the east property line and is proposed to be converted into a 36' x 46' (1,656 sq. ft.) non -conforming garage. This continued non -conforming garage requires a variance of 12 feet and would increase the square footage by 1,128 square feet from its current size. The existing non -conforming garage location meets the rear and side yard setback requirements of the A-2 zoning district as well as the required bluff protection. The existing detached garage has a side yard setback of roughly 19 feet and a rear yard setback of roughly 50 feet. Both are within the required setbacks of 10 feet (side) and a 30-foot (rear) bluff setback as stated in Section 20-575. The proposed distance between the addition and the front yard (east) property line would remain a non -conforming 38.9 feet if approved. The applicant chose the garage location due to several factors: the bluff west of the existing garage requires a setback of 30 feet. A septic tank is located directly south of the home, and the property's well is located directly south of the existing garage. Additionally, several maple trees are located on the east portion of the property. All these factors create limitations that prevent the applicant from relocating the structure elsewhere on the site that might seem buildable. The proposed garage location would remain a non- conforming addition; however, it would not require the relocation of the existing driveway and walkway. ANALYSIS Since the earliest record we located, it appears that the existing structure is a legal non -conforming structure because it was built before the adoption of the 1972 zoning ordinance. The applicant is required to apply for a variance to construct any addition which does not meet the setback requirements, as specified in Sec 20-575 Lot Requirements and Setbacks (front yards, fifty (50) feet, rear yards, fifty (50) feet, side yards, ten (10) feet). Additionally, Sec 20-71 and Sec 20-72 prevent expansion of non -conforming structures. The proposed addition, located northeast of the existing home, does not lessen the non -conformity and would remain a non-confomvng garage, if approved, 38.9 feet from the eastern property line. The property has an impervious coverage of 8.2% (including the existing garage); the proposed detached garage will increase the impervious coverage by 2.3% for a total of 10.5% impervious (including proposed garage) coverage, well within the required 20% maximum. The applicant is proposing to convert the existing garage to a 1,656 sq. ft. detached garage. This will not change the current 38.9-foot front yard setback; however, it will expand the existing footprint of the garage. As stated above, from Section 20-72, if a setback of a dwelling is non -conforming, no additions may be added to the non -conforming side of the building unless the addition meets setback requirements. Thus the applicant is requesting a 12-foot front yard setback variance to construct the detached garage on the existing non -conforming foundation. The entire home is in compliance with the required setbacks and the proposed garage will maintain its existing non -conforming front yard setback of 38.9 feet. The remainder of the garage setbacks is in compliance with ordinance requirements. Nearly all of the neighboring properties meet the required setbacks for the A-2 district. However, the immediate neighbor on the north side of the subject property did have a variance approving an addition to Paul Variance • �J Planning Case #04-09 March 2, 2004 Page 5 of 7 the owner's non -conforming garage on file in the city's planning department to allow an additional space for parking in the garage and maintain the non -conforming lot size. A garage 1,656 square feet in size could lead to a home occupation. An activity such as a contractor's yard or wood shop is not permitted. The size of the proposed garage is larger than the square -foot requirement for a rambler which is 960 square feet. Staff has reviewed properties within 500 feet and compiled the following list of variances: File Number Pro Lakeshore Variance oast Action Taken 91-17 10241 Mandan Circle No Addition of garage on non- Approved conformin lot 99-18 10291 Mandan Circle No Variance to replace failing septic Withdrawn system Staff is recommending denial of this request based upon the following: 1. The applicant has reasonable use of the property. 2. The site contains a two -car garage as required by ordinance. 3. The applicant has the ability to increase the size of the garage without the need for a variance by building a 36' x 34' garage with an area of 1,224 square feet. FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet this criterion. Finding: The literal enforcement of the ordinance does not create a hardship, since a reasonable use of the property for a detached garage exists and/or can be created to meet setback requirements mentioned in Section 20-575. However, the existing structure is built almost in its entirety within all required setbacks. The home and garage were constructed in 1962, while the earliest record of the zoning ordinance was in 1972, creating a non -conforming structure, which makes it impossible to expand the 42-year-old garage to 46' x 36' (1,656 sq. ft.) without a variance to the setback requirement. The bluff to the west limits how far a building may be set to the west requiring a 30- foot setback. On the south side of the property the applicant's drain field and current septic tank limit alternative locations on the property. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other properties within the same zoning classification. Paul Variance • • Planning Case #04-09 March 2, 2004 Page 6 of 7 Finding: In reviewing neighboring properties' surveys, many meet most of the required setbacks. However, not all neighboring properties had variances or surveys on file. The subject property and adjacent properties are unique in that they were built in 1962, within the required setback requirements, prior to the earliest updated zoning ordinance of 1972. C. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding. The addition will increase the value of the home; however, that is not the primary intension of the applicant. The addition is based on bringing an outdated portion of the home up to date to benefit the needs and desires of the current homeowners. The intended usage of the proposed garage is to store vehicles and house maintenance equipment, including woodworking equipment that is currently located outside and in the home. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is not self-created by the homeowner; the home was built within the setback requirement prior to the adoption of the 1972 zoning ordinance. Therefore, the garage is a legal non -conforming structure, requiring a variance to expand to a 36' x 46' (1,656 sq. ft.) garage. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The variance if approved will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property. The addition is located in the same location of the existing garage west of the adjacent property and out of site of the front and rear entrances, nor will it substantially increase the congestion of the public streets as it is an addition to a private residence. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission deny Variance #04-09 for a 12-foot variance from the 50-foot front yard setback requirement as shown on plans dated 9/20/03, prepared by Allan R. Hastings based upon findings in the staff report and the following: 1. The applicant has reasonable use of the property. 2. The site contains a two -car garage as required by ordinance. Paul Variance • • Planning Case #04-09 March 2, 2004 Page 7 of 7 3. The applicant has the ability to increase the size of the garage without the need for a variance to Section 20-575 of the City Code. ATTACHMENTS 1. Application. 2. Survey of property dated September 20, 2003. 3. Letter from Bruce Paul dated January 20, 2004. 4. Public hearing notice. 5. Building plans. 6. Log of soil borings. 7. Petition for Variance. gAplan\2004 planning cases\04-09 - paul variance-10240 mandan circle\staff report 3-2-04.doc RECEIPT CITY OF 690 CITY CENTER DRIVE • P.O. BOX 147 CHANHASSEN, MN CHMIMSEN PHONE: (9 2)) 93377r190017 RECEIVED OF�, / f / GLtI DATE No. 77361 TOTAL AMOUNT CHECK ❑ CASH ❑ DEPUTY TREASURER CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: ry �� OWNER: ADDRESS: ADDRESS: 4S�1-7 Ss3/o TELEPHONE (Daytime) &/ / Z — g C / TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit Variance Op Nonconforming Use Permit _ Wetland Alteration Permit Planned Unit Development` _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attomey Cost" b5b ($50 CUP/SPRNACNARANAP/Metes and Bounds, $400 Minor SUB) Subdivision` TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. " Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME 16 4 41 C P 1 � , ` R , / LOCATION LEGAL DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT YES NOPRESENT ZONING A — Z REQUESTED ZONING PRESENT LAND USE DESIGNATION // N /? S . C, v— REQUESTED LAND USE DESIGNATION O \ .cam —f , L 4 s x REASON FOR THIS REQUEST S Z / 7- J 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 ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten 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 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. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Signature of Applicant Date 'Signature of Fee Owner Date oD / Application Received on Fee Paid �Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. r1 L U January 20, 2004 Variance Committee City of Chanhassen Dear Committee Members, This letter is to petition for a variance on the setback from the street for a garage I am going to build. The new structure will take the place of the existing smaller garage on my property. I would appreciate your consideration, because the following conditions on the property leave me with no other options. The property has many limitations for the placement of a new structure. Because of these limits, I have to build the new garage on the same footprint as the existing structure. There is a nature bluff on the west side of the property, which limits how far the building may be set to the west. I respect the 30ft. setback from the bluff as an important environmental easement. On the south side of the property is my drain field. With future provisions being made to residential drain mounds throughout the area, and the fact that my well would be jeopardized, there is no possibility of moving the structure closer to the house. I did explore the option of a variance to the north. I feel this would not be an option pleasing to my neighbor. This limits the area on the property to build the garage. My current plan would be to utilize all of the property easement to the north. This will allow me to get the width I need for the building. In order to get the length I need, I am asking that the building be allowed to stay at its' current setback from the street. This would keep the neighborhood looking as it does now and allow me the room I need to house all of my needs. Without the variance, it would take 10 ft. off the length of the building, not giving me the room I need for storage. The current structure's setback does not in any way block the line of sight for any vehicles on the road, causing an unsafe condition. The existing driveway is almost three car lengths from the edge of the street. It is evident that in 30 years this distance has not been a problem for the neighborhood. The new structure will be more in keeping with the style and overall appearance with the homes around mine. It is important to me that my property does not reflect badly on my neighbor's. I would like to provide inside storage for all of my vehicles, and house maintenance equipment. If the new structure was built under the current setback provisions, it would open up a view of my front yard and give my neighbor a view of the drain field and possibly take away some of the privacy he now enjoys. The granting of this variance would be in the best interest of the neighborhood and myself. It reflects the improvements that many of my neighbors have already made to their property. I would appreciate any time or consideration you are able to allow. Respectfully yours, Bruce Paul 10240 MANDAN CIRCLE CHASKA, MN 55318 4 7 �64't'lrr-N(d -V A ox • Subject Property; TA� r t �: �i r Wetlands Parcels parks M Qf Zoning Designation - A-2 Future Land Use - Residential Large Lot Year Built - 1962 Lot Size - 49,530.2 sq. ft. (I A 3 acres) Impervious Coverage -8.2 % (Existing), 10.5% (Proposed) SLIRV�Y FOi� �, B�uc� T�RUL Aw*,Uc, %,T6lb,R,23 gt3, 3z4.97�.a 925.5 J qt� I qi � I t� �0 r • I & 9zs. 4 zsfl tN CST 53 Az That part of the .Northwest Quarter of Section 36, Township 116, Range 23, described as followsl1, Commencing at a point on the North line of said Northwest Quarter, distant 300.0 feet east of the Northwest Corner thereof; and running thence South 4 26' East a distance of 300.45 feet t7- to the actual point of beginning; thence continuing South 4 26' East a distance of 150.0 feet; 2 thence West and parallel to said North line a distance of 315.1.feet more or less to the West 6 Line of said Northwest Quarter; thence north along the.said West Line a distance of 149.55 feett thence east and parallel to said North line a distance of 310.4 feet more or less to the actual point of beginning. Q� kzkR- 4�,% = l4�Bs�.1 .4 SZS vs�Q a ;' Dr. nlotFs 97 `6' v- r� wlko4 Hearings are assumed ry��\ �ZIdPcUTAL(�2oGK� = z�o�_ Subject to easements of record if any t,Oq. CDQEk vA fSEUj GPk(s1E-UID,W/o 0 Denotes set or found iron pipe monuments Z' O Proposed garage floor elevation Proposed top of block elevation Denotes set wood hub and tack 704.0 Denotes existing elevation gq.p Denotes proposed finish grade elevation Denotes direction of surface drainage Proposed lowest floor elevation �'j o, 'L ux1 DOE Fors DER . 0/0 t 1 o Rua 50 GRkss vs 2.0 °/o I I �4 Coarurz� F��^^ RZ.�uw�iu� Ratc FLA-T- Ar V � I v I hereby certify that this is a true and correct representation of a survey of the boundaries of ilk, above AQ-sar-16e.4 yMoPQrt� County. Minnesota as on file and of record in the Office of the County Recorder in and for said County, also showing the proposedlocation of a house as staked thereon, - That II am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Dated: s6 w"R 20, `oo3 RF'QVsFz; �00E-muz 4�2003 ova) Allan R. Hastings Minnesota Registration No. 17009 212 First Avenue E. Suite No. C VIIU. 1 O'47L 0PIV00 FuZMH`To DOM. Shakopee, Minnesota 55379 - -- - - - F,C- - - - - ------ Phone 952 445 4027 11 FILE ik) 3-uFF CP-MK 4V-,t LK0i)S 45URVEY FO OOBRuCE Pry U L uJ Decµ I.au6 EMSv= — m �UJ Y4FS�ie, 3(o,T 116, R23 E�sr- %1 3Z4.97,�8 s — \ O L1. e I l tl� 3 — WEST - - _5a7r 2 _ That Part of the .Northwest Quarter o1 Section 36, Township 116, Range 23, desupibed as follow- .1irl Conessming at a point an the North line of said Northwest Quarter, distant 300.0 Seet east of the Northwest Corner thereof; and running thence South 4 26' Seat a distance b3 300.45 Seat Yl to the actual point of beginning; thence continuing South 4 26' East a distance of 150.0 feet, q tmum pest and parallel to said North line -a distance of 315.1. feet more or less to the Nest Q Line of said Northwest Quarter; thence north along the -said west Lim a distance of. 149.55 feet -. thence east and parallel to said North line a distance oI 310.4 feet more or less to the actual point of beginhiog. _ Loz AeeA=4y,93o.2 �$, x 30% Gft4.'�iA/=�� 1�-.S,�Z•8 *c�, ,- .- �,; Dp_[lot£5 C'aueeF.�lUi.LK -: --- RLDPtXEA IDRIG MtCli I �Jb .4� Bmringa ere seemed Z�} rt-, Subject to. eaeeea.to of record- 1f any &Ek \IYA kw ^��_VV�YO.5i 0'D O Debates set or found iron pipe monuments Proposed garage floor elevation $ Denotes net wood hub and tack -%4, Denotes srlsting elevation Proposed top of block elevation ®p Denotes proposed finish grade elevation 171 �Denotes direction of surface drainage t��, —Proposed lowest floor elevation l M 1�141 Nat P�(sRhOE D �5 Dtaq�J To R+iu ON DEp ,K 2A°/o LL1DU2.' Fef.+h PQ;,UVA1sJh" 1 h1 4k I hereby certify that this is a true and correct representation of a survey of the boundaries 01 li�, above. ;-&s,,i6-A ProPq,�v in CRWM County. Minnesota as file and of record in the Office of the CountyRecorder in and for said County also shoeing the proposed' location of a house as staked therem.- That II an a dully Registered Land Surveyor under the Laws of the- S\/tate of Minnesota. Oates: ..J�,Ii ;p�M FJFiII COS:' WO.J \ / J R�uKem IVOVEµBRR 4;2003 `-'�� \\\ Allan R. Hastings NSnneeo4a Registration No, 19009 212 First Avenue E. Suite No— C - Shakopee, Mimmote 55379 Phone aq2 445 4027 FH.F— 10 aktAFF 01/06/2004 16: PAGE 04 t II mR=TIO! Mack I,= it t '..F' no= bail trwlart •Osttlue7 1 Wit �.•��, rs wwtai 1nN�t1RYH•irt ea `as Jan ttaatatrt afY ❑ T—"— dead einatlaw ri -^t• r ia�t ilarr#a ' • . , . �paotea 'iaMYWawith ❑ 1i0ad{fi paaatrd a..t>rt a t1."7'C.Y dg�ederaata - wttlwt awra na" paint ❑ 140atiess er tWtlaai.l = d � asaa ledletia fiss baDiisf .. ❑ tloa Lee.ern... pt..usv,..a.' , : -C3'Tcey.«a as atsbtia�bwr8tp "iwa tilNis ee nma of wwb ❑ mleaakim ertbatlaaq ofa�L'}aatrrt arwa ... , . •^ ia!'tY soisaMrtlaas 24 Q AaaaearnatalteirrYsr�iir"s�a�, SCALE: t inch _ ZQ.. 1 i 1 f 2. 11 I I ItI Y Ia`4,. 1 110-1 13f; N;Sk a t I s ff -` Fes_ L�$$ 49 € v I _ pgpg ttrms I I Ia M1{a. 'r '�A�• T I i 1 h.l-� h n Alli ! / 1 w' s 3 i --- R E I 1 • .-If I- 1---- I : I .. �....... w.-.. _i I I hereby ^ as the Sou ofNimrsom Licemad Stu Evaluator dmtthe atditiduol sewage heatrtent rystcm digrawd —L� j.•� r1ped in a aax with a0 applicable mqu¢ameeb of MinnssM Ratty Cbspar.7080. The diagam ofdta on-sim t. I t m is a e as olidte dm at the totem ofths farm for dw site idcddicd to thb rcpk.. h'o drmtmimrioa of future i e5fvmanx be made due m future water usage mu dx tife of the symm n ate_ .. un na wasabar Daft. i �LEvk;rC,�l i7zAuJ �J� Foe S iu ee0 . Fti/ s`/-/ /11or2 714 /4i �v,3rt 2 E.Mf?Gr�S 3 m 0 0 G45 � ��-rrOr�l 0 a' x 9' 2E L1; OF SOIL BORING Location of Project; 10240 Mandan Circle Borings made by Tom Klanchnik Classification System: AASHO Date: December 26.2003 USDA-SCS __A_ Unified _ Other Auger Used (check two): Hand TX` Power — Flight Bucket _X Other --- 4 Tnrh Ranh A,,.~ lnep<6 Feet BoringNumber�B1 Surface mmitton . in Feet Boring Number. B2 Sudece Elevation —T 1— i 10 YR 2/2 Sandy Clay 1 --- 10 yR 2J2 Loam 10 YR 5/4_ la Lo 10 YR 413 Loam 2 — 10 YR 6/4 C1gg 2- 3 — 3-- 4— Mottled at l s" 4 — Mottled at 22" i i 6— g� 7-- End of Boring at 2,0 feet. Standing Water Table: Present at feet of depth, hours after boring. Not Present in boring hole _ Mottled Soil: Observed at 1.5 feet of depth. Not Present in boring hole —_ End of Boring at 2.5 feet. Standing Water Table: Present at feet of depth, hours after boring. Not Present in boring hole X Mottled Soil: Observed at _ 1.g3 feet of depth Not Present in boring hole _ Observation and Comments: Observation and Comments- M PETITION for VARIANCE at 10240 Mandan Circle — I am in agreement to allow Bruce Paul to keep the existing front setback of the current garage building. I understand that the new building will be placed 53 feet from the edge of the street. It will in no way cause an obstructed view of the roadway or detract from the neighborhood. 014IIIr i ADDRESS: l07 U�k- M A.�d 7I/7.5spiv 3t4f 645 1 1 621 777 Primary Zone 770 ST CREEKTO 774 Secondary Zone 10220 V K S 10240 10260 10291 1030f1 102 01/06/200A 16:09 952-985-5828 r1 �J • PAGE 01 24375 Highview Ave. Lakeville, MN 55044 Phone (952) 463-1603 Fax (952) 985-5828 Memo if P/+& S -57� c- To: Bruce Paul From: Tom Klanchnik Date: 12/28/2003 Re.. Alt Ste: 10240 Mandan Circle Chanhasserk, , Mm Hi Bruce, An alternate site for the above mentioned location was completed on December 26. 2003. A copy of the soil borings is enclosed as weli as a sketch for your use. This site requires a change in the location of the well. The alternate site will remain in effect only as long as it is maintained in the same condition as the time of designation Please take appropriate measures to preserve the s1e. If you have any questions concerning this report please feel free to contact me at (952) 469-1603. Thanks! 01f06 200a 16:03 952-985-58^<8 0 E PAGE 02 24375 Highview Ave. Lakeville, MN, 55044 Phone: (952) 469-1603 Fax: (952) 985-5828 To: Mary West at Carver County Fax: 952-361-1828 From: Tom Klanchnik Datee Deoember28, 2003 Phone: 952-361-1800 Pages: Re: Alt Site CC: Urgent 10 For Review ❑ Pleaso Comment ❑ Please Reply ❑ Please Recycle •Cornmenbc Hi Mary, This is the aft site information for Bruce Paul at 10240 Mandan Circle Chantiassen, Mn. The aft site will require a location change of the existing well as noted in my memo to him. Please find included a memo, soil borings and a sketch which iicludes the proposed builing site and a!t site. Please call if you have any questions. Thanks!!!'!!!!!