The URL can be used to link to this page

CAS-10_NOWLING VARIANCE (PETER & TRICIA NOWLING)Thomas J. Cam rh.. 1 Roger N. Kn i. Thomas M. Sn�i Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poch Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel]. Edmunds Marguerite M. McCarron 1380 Corporate Center Cw Suite 317 • Eagan, MN 551 651-452-5000 Fax 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association Direct Dial: (651) 234-6222 E-mail Address: snelson@ck-low.com December 20, 2011 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN— RECORDATION OF DOCUMENTS ➢ Variance 2011-10 — Nowling Setback Variance (6829 Yuma Drive) (Lots 1899, 1900, 1901, 1913 and 1914, Carver -Beach) Dear Kim: Enclosed for the City's files please find original recorded Variance 2011-10 approving Planning Case No. 2011-11 for a 12-foot front yard setback from the west property line (Yuma Drive) and a 21-foot front yard setback variance from the east property line (Ringo Drive) for the construction of a single family home on a non -conforming lot of record. The variance was recorded with Carver County on December 6, 2011 as Torrens Document No. T181650. SRN:ms Enclosure Regards, CAMPBELL KNUTSON Professional Association BL L�__ OYA/T�� Sian R Nelson, Legal ssistant RECEIVED DEC 2 1 2011 01TY OF CHANHASSEN �'aao Document No. OFFICE OF THE T 181650 REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Receipt # Cert. # 35342 Fee: $46.00 Certified Recorded on 12WO11 at 10:30 AM ❑ PM 181650 \ I)II�IIIII I III I Lundgren I RMark egistrar of Titles CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2011-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approved Planning Case #2011-11 for a 12-foot front yard setback from the west property line (Yuma Drive) and a 21-foot front yard setback from the east property line (Ringo Drive) for the construction of a single-family home on a non -conforming lot of record zoned Single -Family Residential (RSF). (All proposed setbacks are measured from the 24-inch eaves of the structure). The granting of this variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lots Nos. 1899, 1900, 1901, 1913 and 1914, CARVER -BEACH, according to the recorded plat thereof, Carver County, Minnesota 3. Condition. The variance approval is subject to the following conditions: a. A building permit is required. b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. d. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. e. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. f. The application shall plant two overstory, deciduous, 2-1/2" diameter trees. SCANNED g. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. h. A drainage and utility easement shall be conveyed to the city over the conveyance system before a building permit is issued. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel and shall be provided by the applicant. i. The grading must also allow for continued drainage from east to west across the adjoining property to the south. 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: November 14, 2011 CITY OF CHANHASSEN BY: I! l �" (SEAL)[?Thomas A. Furlo g, ayor AND: A V�s in Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this d&lay of , 21011 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 OTAR4 PUBLIC gl� KARJ.ENGELHARDTNotaublic-MinnesotaMy C..: bn E)OM JM 31, 2015 t Ii-io Dc cunert Nc OFFICE OF THE *fA REGISTRAR OF TITLES A T t 4 2947 CARVER COUNTY, MINNESOTA Receipt # RT 201200000844 Cert. # 35342 Fee: $48.00 Cer.fied =recorded n 3/23/2012 at 04:00 ❑ AM [g] PM i82947 p1M�ll�i�l�l'' Mark Lundgren Registrar of Titles (reserved for recording inlomation) GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES PETER A. NOWLING and TRICIA L. NOWLING, husband and wife, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) ano other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized Under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Certificate of Survey. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. SCANNED 163218vo1 t=�"6829Yhi SRN:03/I5/2012 (lgr roperty) This easement is being granted with the understanding that if drainage requirements change in the future or if the existing culvert in the area is relocated at a future date, this easement will be re-evaluated by the City's engineering staff to determine if the easement area granted herein can be reduced or modified. It is also understood that the Grantors will be responsible for restoration or replacement of any encumbrances that are placed within the City's easement area, other than sod, in the event damage occurs to such encumbrances due to any maintenance required within the City's easement area. The above named Grantor, for themselves, their successors, heirs, and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this 'I � ' day of L�k6 e-C-0 , 2012. GRANTORS: Peter A. No 1ng lo.i'l. LA � lei Gig Tricia L. Nowling 163218v01 5RN:03/15l2012 2 6829 Yuma Drive (Torrens Property) STATE OF MINNESOTA ) ( ss. COUNTY OF C�,,A, , � ) The foregoing instrument was acknowledged before me this � 3A k day of 2012, by Peter A. Nowling and Tricia L. Nowling, husband and wife, the Grantors. , KAREN J. ENGELHARDT Notary Public -Minnesota y Commission E=iras Jan 31, 2015 THIS INSTRUMENT WAS DRAFFED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651)452-5000 SRN:ms 163218v01 6829 SRN:03/15/2012 Yuma Drive (Torrorrens Property) EXHIBIT "A" to GRANT OF PERMANENT EASEMENT EASEMENT DESCRIPTION A permanent easement for public drainage and utility purposes over and across those parts of Lots 1913 and 1914. Carver Beach, which lie southeasterly of a line drawn parallel with and 22.00 feet northwesterly of the southeasterly line of said Lot 1914 and those parts of Lot 1901 and said Lot 1913, said Carver Beach, which lie southeasterly of line drawn from a point on the aforementioned parallel line, distant 62.00 feet northeasterly of its intersection with the southwesterly line of said Lot 1913, to a point on the northeasterly line of said Lot 1901, distant 65.00 feet northwesterly of the southeasterly corner of said Lot 1914. [TORRENS PROPERTY— CERTIFICATE NO. 353421 163218,01 SRN:03/15/2012 4 6829 Yuma Drive (Totrens Property) A TTA CH CER i IFICA i F_ OF SURVEY (EASEMENT SKETCH) h'cRE I63218v01 SR:V:03i15/2012 6829 Yuma Drive (Torrens Property) CERTIFICATE OF SURVEY FOR PETER & TRICIA NOWLING Lots 1 � j6 11 CREE 99915. 1 0hyd" IW9. It r ` Al w LEGAL DESCRIPTION. 1+9-1901, 1913 & 1914, CARVER BEACH I bituminous roodwoy, Ovate„� I I m DkWE 1 oN 1 g9'S EAST Beochmork. Top of offset stoke t marked benchmark" on this survey 997 has an assumed elevation of 996.2 feet Proposed gorage floor a/ev.= 995.5 Proposed top of foundation Proposed lowest floor ele, 991-25 * Window well top = 997 bottom = 993.25 **Wrldaw well top = 994.8 boH m = 99J.2A 1 a Denotes iron monument a Denotes found monument 000.0 Denotes existing e/ev. 000.0) Denotes proposed elev. !c&p) Denotes existing & proposed ylkv. I Denotes surfoce droinoge M Denotes maple HE Denotes box elder 0 Denotes ook DEMARS—GARRIEL .AND SURVEYORS, INC. W75 WMftW TCN Aw so sWTE 209 Edina, ON 55439 FMw e;(952) 767'0,187 Fow: (952) 767_04g0 ggl i �+.�+ingi®F6ump-3 itiZ7y':esncrd y996 M eammml la Manage and uldily purposes over (gyp) , and across Ik Ihm pails ofUAs 1913 aid 1914, 1 g cwva 9ttxh, ehich k oofo oa ul, of o Ise dvre i fi95 paohd ath aid 22.00 legit oath a l,q of the l �y muk-io* Ore of mil Ld 1914 aM thou oxis Y d I C of Lot 1901 and sold Lot 1917, mid Carver Bmch, 111 i _ ol, shkh It soolheootedy of a foe drum from o punt the dumaAiapd pnrdd lite, dsionl 52.W let G. nullew" of its Ilmmclm m1h the sodomterl rol I 9gg9s fe ofsad Lot 1913, 10 a poml m de oodlkostMy eravoico In e mid Lot 1901, dislont 65.W legit nmliwesledy \ ocn d ofIk saWlw¢lall pan of mid Lot 1911. a a1 w x it rs longed n tle IWu,e Ns mss t a tr a nohmM d ^uwens 1fE% � 7 IIA `bp %j� ra�"i°N°bw¢ I t �I rj61 y—Igo — N 76.30'I4 s Exisfing �� , i 11 FlDuse ` s , 11 s EXISTING HARDCOVER I ` Building 1765 So.F(. cone Waev 9 0dw 3v9 sq.n. Sloop 40 sg.Ft. Total Nord over 2164 sq.Ft. Revised: 2129112 Lot Area 8.935 SIS1. Revised. 2127112 Y of Nartfcover - 24.2z Revised: 2127112 Revised: 2107112 SITE ADDRESS: Revised: 11/10/11 6829 Yumo Drive 984.1 Revised: 11107117 c\bP\DRAW\1393f.Dw i7010 Revised. 10/05/11 I hereby certify t of this survey, plan or report was prepared by me or under my direct supe and that I am a duy Registeretl Land surveyor uMer the Laws of the Sfo f MirtnesOf As survey^ed bb/y�1 oe this 24th(/do, of AugosL 2011, _ Ci. �J (ksvM F Crook Minn. Reg. No 22414 File No. 13931 Book —Page Scole -- .0. November 16, 2011 CITY OF VIMUTU U11,111 Peter and Tricia Nowling 7700 Market Boulevard 6271 Blue Jay Circle PO Box147 Excelsior, MN 55331 Chanhassen, MN 55317 Re: Variance Request — 6829 Yuma Drive Administration Planning Case #2011-10 Phone: 952.227.1100 Fax: 952.227.1110 Dear Mr. and Mrs. Nowling: Building Inspections Phone:952.227.1180 This letter is to formallyyou that on November 14 2011 the Chanhassen City notify y t3' Fax:952.227.1190 Council approved Planning Case #2011-11 for a 12-foot front yard setback from the west property line (Yuma Drive) and a 21-foot front yard setback from the east Engineering property line (Ringo Drive) for the construction of a single-family home on a non- Phone:952.227.1160 conforming lot of record zoned Single -Family Residential (RSF). (All proposed Fax: 952,227.1170 setbacks are measured from the 24-inch eaves of the structure). Finance Plmne:952.227.1140 The variance is subject to the following conditions: Fax: 952.227.1110 a. A building permit is required. Park & Recreation Phone.952227.1120 b. Any retaining wall greater than four (4) feet in height must receive building Fax: 952.227.1110 permit approval. Recreation center c. Retaining walls greater than four (4) feet in height must be designed by a 2310 Coulter Boulevard Phone:952.227.1400 structural engineer licensed in the State of Minnesota. Fax: 952.227.1404 d. The applicant must submit a tree removal plan that clearly shows all trees, 6 Planning & inches and larger, and their designation as removed or saved as part of the Natural Resources Building Permit application. Phone.952.227.1130 Fax: 952.227.1110 e. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is Public Works completed. 7901 Park Place Phone:952.227.1300 Fax:952.227.1310 f. The application shall plant two overstory, deciduous, 2-1/2" diameter trees. Senior Center g. Site grading plan must be modified to provide three feet of separation between Phone:952.227.1125 high water level and the surrounding low building elevations and submitted to Fax: 952.227.1110 the City for approval prior to issuance of a Building Permit. Web Site h. A drainage and utility easement shall be conveyed to the city over the www.ci.chanhassen.mn.us conveyance system before a building permit is issued. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel and shall be provided by the applicant. SCANNED Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow Peter & Tricia Nowling November 16, 2011 Page 2 i. The grading must also allow for continued drainage from east to west across the adjoining property to the south. The variance is valid for one year from the approval date. A buildinglzoning permit must be applied for prior to November 14, 2012 through the City's Building/Planning Department, respectively. If you have any questions, please contact me at 952-227-1132 or by email at akairiesna.ci.chanhassen.mn.us. Sincerely, A� Angie Kairies Planner I ec: Jerry Mohn, Building Official cc: Building Permit File — 6829 Yuma Drive gAp1an\2011 planning cases\I 1-10 howling variance-6829 Yuma drive\letter of appmval.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION MOM Application of Tricia and Peter Nowling for a 12-foot front yard setback from the west property line and a 21-foot front yard setback from the east property line for the construction of a single- family home on a non -conforming lot of record zoned Single -Family Residential (RSF) — Planning Case #2011-10. On October 18, 2011, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Board conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is Lots 1899-1901, 1913 & 1914, Carver Beach. 4. Variance Findines — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction of a Single -Family home is in harmony with the general purpose and intent of this Chapter and is consistent with the comprehensive plan. The subject site is located within the Carver Beach subdivision, which was platted in 1927. Carver Beach is zoned Single -Family Residential (RSF) and is comprised of several non- conforming residential lots which predate the adoption of the zoning ordinance. Construction of a single-family home is the primary use in the RSF district. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. SCANNED .- Finding: The site is an 8, 936 square -foot trapezoid. The subject site has street frontage on three sides of the property: Yuma Drive, Cree Drive and Ringo Drive, thus creating three "front yards". The required front yard setback is 30 feet. With a 30- foot setback from three property lines, the buildable area of the site is a 1,024 square -foot triangle. Due to the size and shape of the lot and required setbacks, a home, which complies with the minimum City standards for a single-family home, (Section 20-905) is virtually impossible to locate on the site without variances. In addition to the limited buildable area, there is an existing 12-inch culvert that discharges stormwater under the right-of-way for Ringo Drive and across the southern portion of the subject site toward Yuma Drive. To accommodate this drainage, the proposed house is located closer to the north end of the property. In doing so, the 30-foot front yard setbacks cannot be met and still allow the construction of a single-family home. Based upon the above mentioned facts, there are practical difficulties in complying with setback requirements. The construction of a single-family home with variances from the required setbacks is a reasonable use of the property. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone; the applicant is proposing to construct a single-family home on a non -conforming lot of record in a residential zoning district. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The subject site is a non -conforming lot of record platted in 1927 and predates the adoption of the zoning ordinance. It does not comply with the minimum lot standards in the RSF district. The unique location, size and shape of the site and the need to accommodate stormwater drainage on the southern portion of the property limits the ability to construct a home on the site without variances. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the proposed variance request will not alter the essential character of the locality or neighborhood, as the Carver Beach subdivision is a residential district. Many parcels in this development are non -conforming lots of record and may require a variance to update or construct homes. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report#11-10, dated October 18, 2011, prepared by Angie Kairies, et al, is incorporated herein. 2 The Board of Appeals and Adjustments approves planning Case 2011-10 for a 12-foot front yard setback from the west property line (Yuma Drive) and a 21-foot front yard setback from the east property line (Ringo Drive) for the construction of a single-family home on a non- conforming lot of record zoned Single -Family Residential (RSF), subject to the following conditions: a. A building permit is required. b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. d. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. e. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. f. The application shall plant two overstory, deciduous, 2-1/2" diameter trees. g. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. h. A drainage and utility easement shall be conveyed to the city over the conveyance system before a building permit is issued. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel. i. The grading must also allow for continued drainage from east to west across the adjoining property t j. o the south. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 18a' day of October, 2011. CITY OF CHANHASSEN Chairman CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 11/29/11 2011-10 ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 11/14/11 11-10 Variance 2011-10 6829 Yuma Drive 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 M For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Peter & Tricia Nowling, 6271 Blue Jay Circle (952)227-1107 SCANNED N enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2011-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approved Planning Case #2011-11 for a 12-foot front yard setback from the west property line (Yuma Drive) and a 21-foot front yard setback from the east property line (Ringo Drive) for the construction of a single-family home on a non -conforming lot of record zoned Single -Family Residential (RSF). (All proposed setbacks are measured from the 24-inch eaves of the structure). The granting of this variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lots 1899-1901, 1913 & 1914, Carver Beach 3. Condition. The variance approval is subject to the following conditions: a. A building permit is required. b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. d. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. e. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. f. The application shall plant two overstory, deciduous, 2-1/2" diameter trees. g. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. h. A drainage and utility easement shall be conveyed to the city over the conveyance system before a building permit is issued. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel and shall be provided by the applicant. i. The grading must also allow for continued drainage from east to west across the adjoining property to the south. 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: November 14, 2011 CITY OF CHANHASSEN BY: IL At.. (SEAL) #bomas A. Furlo g, ayor AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thisoU%y of 2011 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 OTARCY PUBLIC =ENGELHARDTT ..�.015 2 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2011-10 NOTICE IS HEREBY GIVEN thatthe ChanhaswnPlanning Com- mission will hold a public hearing on Tuesday, October 18, 2011, at 7:00 P.M. in the Contact] Chambers in Chanhassen City Hall, 7700 Market Blvd. Thepurposeof thishearutgis to consider a request for Variances to construct a single-family home on property zoned Single Family Residential (RSF) located at 6829 Yuma Drive Applicant: Peter & Tricia Nowling. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/serv/ plan/11-10.html or at City Hall during regular business hours. All interested persons are invited to at- tend this public hearing and express their opinions with respect to this proposal. Angie Kairies, Planner I Email: akairies@ ci.chanhassen.mmus Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday, October 6, 2011; No. 45591 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, 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, 331 A.07, and other applicable laws, as amended. (' 9 (B) The printed public notice that is attached to this Affidavit and identified as No. Z 55-/ 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: abcdefghijkhnnopgrstuvyexyz J/'ll'( I,I1/f^� By: I Av _ L t "LL Laurie A. Hartmann Subscribed and sworn before me on this day of 10 12011 ONM RKA1113 No ry rblic RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... S31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. S 12.59 per column inch SCANNED November 16, 2011 Peter and Tricia Nowling 6271 Blue Jay Circle Excelsior, MN 55331 Re: Variance Request — 6829 Yuma Drive Planning Case #2011-10 Dear Mr. and Mrs. Nowling: This letter is to formally notify you that on November 14, 2011, the Chanhassen City Council approved Planning Case #2011-11 for a 12-foot front yard setback from the west property line (Yuma Drive) and a 21-foot front yard setback from the east property line (Ringo Drive) for the construction of a single-family home on a non- conforming lot of record zoned Single -Family Residential (RSF). (All proposed setbacks are measured from the 24-inch eaves of the structure). The variance is subject to the following conditions: a. A building permit is required. b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. d. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. e. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. f. The application shall plant two overstory, deciduous, 2-1/2" diameter trees. g. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. h. A drainage and utility easement shall be conveyed to the city over the conveyance system before a building permit is issued. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel and shall be provided by the applicant. Peter & Tricia Nowling November 16, 2011 Page 2 The grading must also allow for continued drainage from cast to west across the adjoining property to the south. The variance is valid for one year from the approval date. A building/zoning permit must be applied for prior to November 14, 2012 through the City's Building/Planning Department, respectively. If you have any questions, please contact me at 952-227-1132 or by email at akairiesCa,ci.chanhassen.mn.us. Sincerely, Angie Kairies Planner cc: Jerry Mohn, Building Official cc: Building Permit File — 6829 Yuma Drive gAp1an\2011 planning cases\11-10 nowling variance-6829 yuma drive\letter of approval.doc / (- - M ?�_k Ay-) PROPOSED MOTION: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2011-10 for the construction of a single-family home with variances, subject to the conditions of the staff report; and -adoption of the Findings of Fact and Decision." PROPOSAL: The applicant is requesting the following variances for the construction of a single- family home on a non -conforming lot of record zoned Single Family Residential District (RSF): • West front yard setback along Yuma: 12-foot variance (18-foot setback) • East front yard setback along Ringo: 21-foot variance (9-foot setback) (All proposed setbacks are measured from the 24-inch eaves of the structure). LOCATION: 6829 Yuma Drive Lots 1899-1901, 1913 & 1914, Carver Beach APPLICANT: Peter and Tricia Nowling 6271 Blue Jay Circle Excelsior, MN 55331 PRESENT ZONING: Single -Family Residential (RSF) 0k-G 2030 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: .2 acres (8,936 sq. ft.) DENSITY: N/A 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. SUMMARY OF PROPOSAL The subject site is located in the Carver Beach Subdivision and is zoned Single -Family Residential (RSF). The site is a non -conforming lot of record with an area of 8,936 square feet versus the minimum 15,000 square feet for a new lot in the RSF district. Nowling Variance Planning Case #2011-10 October 18, 2011 Page 2 of 7 The subject site has street frontage on three sides of the property, Yuma Drive, Cree Drive and Ringo Drive; thus creating three "front yards". The required front yard setback is 30 feet. With a 30-foot setback from three property lines, the buildable area of the site is a 1,024 square - foot triangle. The applicant's original request was for one setback variance from Ringo Drive with the same house footprint; all other setbacks and hard surface coverage requirements would be met. During a site visit, it came to staff's attention that there is an existing 12-inch culvert that discharges stormwater under the right-of-way for Ringo Drive and across the southern portion of the subject site toward Yuma Drive. The original location of the house was directly over this drainage area. It was at that time that staff advised the applicant to relocate the house toward the north property line to ensure the drainage was accommodated when locating the house. To accommodate this drainage, the proposed house is located closer to the north end of the property. In doing so, the 30-foot front yard setbacks cannot be met and still allow the construction of a single-family home. Therefore, the applicant is requesting two front yard setback variances (as measured from the eaves of the proposed structure): • A 12-foot front yard setback variance (18-foot setback) from the minimum 30-foot front yard setback along Yuma Drive. The footprint of the structure will be located 20 feet from Nowling Variance Planning Case #2011-10 October 18, 2011 Page 3 of 7 the property line, which is adequate space to park a vehicle on the driveway and maintain a 10% driveway slope. • A 21-foot front yard setback variance (9-foot setback) from the minimum 30-foot front yard setback along Ringo Drive. The 40-foot wide right-of-way for Ringo Drive was dedicated with the Carver Beach plat in 1927. The existing pavement within the right-of- way is not a public street. Providing an 11-foot setback between the footprint of the structure and the east property line will allow for adequate snow storage. The zoning ordinance states that eaves may not encroach into the required setback if a variance is granted. Therefore, all setback distances for variance consideration will be measured from the eaves of the structure while the foundation is recessed two feet from the eaves. Staff is recommending approval of this variance request based on the fact that the site is a non -conforming lot of record the unique size and shape of the site and the need to accommodate stomtwater drainage of the southern portion of the property. APPLICABLE REGUATIONS Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4. Section 20-73. Non -conforming lots of record. Chapter 20, Article XII. Single -Family Residential (RSF) District. Chapter 20, Article. XXIII, Division 1. Sec. 20-905. Single Family Dwellings Chapter 20, Article XXIII, Division 1. Sec. 20-908. Yard Regulations. The subject property was platted as part of the Carver Beach Subdivision which was recorded in 1927. The subject site is a non -conforming lot of record and does not meet minimum lot requirements. The parcel consists of lots 1899 through 1901, lots 1913 and 1914, Carver Beach. Nowling Variance Planning Case #2011-10 October 18, 2011 Page 4 of 7 Due to the fact that the Carver Beach subdivision predates the adoption of the zoning ordinance in 1972, many parcels in this development are non -conforming lots of record and may require a variance to update or construct homes. ANALYSIS The subject site is a non -conforming lot of record platted in the early 1900s and does not comply with many of the RSF zoning district standards which were established in 1972. The subject site is a trapezoid with an area of 8,936 square feet. The minimum lot size in the RSF zoning district is 15,000 square feet. In addition to the lot area not meeting the district requirements, the site has an average 68.5-foot lot width, which does not meet the minimum 90-foot lot width requirement. The required 30- foot front yard and IMoot side yard requirements further limit the buildable area of the site. To comply with all of the required setbacks, the buildable area of the site is a 1,024 square -foot triangle. Due to the size and shape of the lot and required setbacks, a home, which complies with the minimum City standards for a single-family home, (Section 20-905) is virtually impossible to locate on the site without variances. City Code requires that a (30' x 30') rambler have a minimum floor area of 900 square feet and a two-story have a minimum of 600 square feet on the first level. CREE DVIVE o EAST srze i w s house In addition to the minimum floor area, the City Code also requires the site to have a two -car garage. An average size garage is 22'x 22' (484 square feet). The proposed house is 1,248 square feet with a 517 square -foot attached garage. The proposed house complies with the 25% maximum hard surface coverage requirement in the RSF district. Nowling Variance Planning Case #2011-10 October 18, 2011 Page 5 of 7 DRAINAGE There is a 12-inch corrugated metal pipe that discharges stormwater under the right-of-way for Ringo Drive and across approximately the southern one-third of the subject property. This drainage is then conveyed through a channel approximately 0.5 foot deep to the southwest property comer where it then flows south down Yuma Drive. Under existing conditions, 0.82 acre of land is tributary to this culvert — primarily from the northeast. An additional 0.33 acre of land will drain to the proposed Swale for a total of 1.15 acres of land flows to the southwast comer of this lot onto Yuma Drive. ua"+ Because this is a legal lot of record, the property owners must be allowed a reasonable use of the property. However in doing so, the location of the proposed house and the existing drainage must be considered concurrently so as not to cause damage to adjacent properties. To determine the characteristics of the drainage on the site as it relates to the development of this parcel, the hydrology and hydraulics were evaluated. Based on this evaluation, it was modeled that during a 100-year, 24-hour rain event, the culvert will discharge at a rate of 3.2 cubic feet per second (cfs). A swale, constructed with a four (4) Nowling Variance Planning Case #2011-10 October 18, 2011 Page 6 of 7 foot wide bottom and 1:4 side slopes, will have a flow depth of just less than one -quarter foot in depth (0.23 ft) during a 6-inch rain event. The applicant is required to provide three (3) feet of separation between the low building elevation and the high water level. Further, they need to construct a berm south of the swale to protect the neighboring property. Based upon the topographic survey and the grading plan they provided it is apparent that they will be able to meet these requirements, but at this time adjustments to the current plan as submitted are required prior to issuing a Building Permit. In order to assure that the conveyance remains in perpetuity, a drainage and utility easement will be required over the swale. The exact location and dimensions of this easement remain to be determined and shall, at a minimum, include the high water level and adequate width to allow equipment into the channel to perform routine maintenance. RIGHT-OF-WAY The 40-foot wide right-of-way for Ringo Drive was dedicated with the Carver Beach plat in 1927. The existing pavement within the right-of-way is not a public street. There are no plans to construct a public street at this time. A new, standard residential street is 31 feet wide from back -of -curb to back -of -curb within a 60- foot wide right-of-way. If a public street is constructed in the future, the street width will be determined at that time. TREE PRESERVATION The proposed site is heavily wooded. It is the policy of the city to preserve natural woodland areas throughout the city and, with respect to specific site development to retain, as far as practical, substantial tree stands which can be incorporated into the overall landscape plan. No clear cutting of woodland areas shall be permitted, unless it is part of an approved subdivision, planned unit development or site plan application. Clear cutting would result in a variance request. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached Findings of Fact and Decision: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2011-10 for a 12-foot front yard setback from the west property line and a 21- foot front yard setback from the east property line for the construction of a single-family home and adoption of the findings of fact and action, subject to the following conditions: 1. Building Official Conditions: a. A building permit is required. Nowling Variance Planning Case #2011-10 October 18, 2011 Page 7 of 7 b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. 2. City Forester Conditions: a. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. b. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. c. The application shall plant two overstory, deciduous, 2-1/2" diameter trees. 3. Water Resource Coordinator Conditions: a. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. b. A drainage and utility easement shall be required over the conveyance system. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel. c. The grading must also allow for continued drainage from east to west across the adjoining property to the south. ATTACHMENTS 1. Findings of Fact. 2. Letter from applicant waiving 60-day review period. 3. Development Review Application. 4. Registered Land Survey. 5. Public Hearing Notice and Affidavit of Mailing List. 6:\PLAN\2011 Planning Cases\] ]A0 Nowling Variance-6829 Yuma Drive\PC StaffReport.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Tricia and Peter Nowling for a 12-foot front yard setback from the west property line and a 21-foot front yard setback from the east property line for the construction of a single- family home on a non -conforming lot of record zoned Single -Family Residential (RSF) — Planning Case #2011-10. On October 18, 2011, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Board conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is Lots 1899-1901, 1913 & 1914, Carver Beach. 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction of a Single -Family home is in harmony with the general purpose and intent of this Chapter and is consistent with the comprehensive plan. The subject site is located within the Carver Beach subdivision, which was platted in 1927. Carver Beach is zoned Single -Family Residential (RSF) and is comprised of several non- conforming residential lots which predate the adoption of the zoning ordinance. Construction of a single-family home is the primary use in the RSF district. b. When there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The site is an 8, 936 square -foot trapezoid. The subject site has street frontage on three sides of the property: Yuma Drive, Cree Drive and Ringo Drive, thus creating three "front yards". The required front yard setback is 30 feet. With a 30- foot setback from three property lines, the buildable area of the site is a 1,024 square -foot triangle. Due to the size and shape of the lot and required setbacks, a home, which complies with the minimum City standards for a single-family home, (Section 20-905) is virtually impossible to locate on the site without variances. In addition to the limited buildable area, there is an existing 12-inch culvert that discharges stormwater under the right-of-way for Ringo Drive and across the southern portion of the subject site toward Yuma Drive. To accommodate this drainage, the proposed house is located closer to the north end of the property. In doing so, the 30-foot front yard setbacks cannot be met and still allow the construction of a single-family home. Based upon the above mentioned facts, there are practical difficulties in complying with setback requirements. The construction of a single-family home with variances from the required setbacks is a reasonable use of the property. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone; the applicant is proposing to construct a single-family home on a non -conforming lot of record in a residential zoning district. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The subject site is a non -conforming lot of record platted in 1927 and predates the adoption of the zoning ordinance. It does not comply with the minimum lot standards in the RSF district. The unique location, size and shape of the site and the need to accommodate stormwater drainage on the southern portion of the property limits the ability to construct a home on the site without variances. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the proposed variance request will not alter the essential character of the locality or neighborhood, as the Carver Beach subdivision is a residential district. Many parcels in this development are non -conforming lots of record and may require a variance to update or construct homes. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #11-10, dated October 18, 2011, prepared by Angie Kairies, eta], is incorporated herein. 2 DECISION The Board of Appeals and Adjustments approves planning Case 2011-10 for a 12-foot front yard setback from the west property line (Yuma Drive) and a 21-foot front yard setback from the east property line (Ringo Drive) for the construction of a single-family home on a non- conforming lot of record zoned Single -Family Residential (RSF), subject to the following conditions: a. A building permit is required. b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. d. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. e. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. f. The application shall plant two overstory, deciduous, 2-1/2" diameter trees. g. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. h. A drainage and utility easement shall be conveyed to the city over the conveyance system before a building permit is issued. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel. i. The grading must also allow for continued drainage from east to west across the adjoining property t j. o the south. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 18'h day of October, 2011. CITY OF CHANHASSEN L:3% Chairman September 19, 2011 City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Dear Planning Department: We would like to waive the 60 day review period for our proposed variance request and reschedule our meeting with the Planning Commission, if needed, for October 18, 2011. Sincerely, Tricia Nowling 6271 Blue Jay Circle Excelsior, MN 55331 (952)484-9696 triciakoehnen@yahoo.com CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION r IIVIIG. 107 -10-1- 14-r!O raA. Email: trl�Inktinz��'.ahco. w.1 Planning Case No. � I - t D Name and Address: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Es w for Filing Fees/ ttorney Cost** 5 CUP/SPRA/A A AP/Metes & Bounds 450 Minor SUB CP TOTAL FEE $ �I `��— pCk C OU (o An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME:_ (`e+e( Qricf I rrcciet POi-•Ala! j f� (o$a`q 7 L-trnGi Drt>,/_ LOCATION: %!w r! c)f 4uw%a brwG, Lree. On,rc n czd QtNo tbnv- jCc.;rJee- 25,Me , LEGAL DESCRIPTION ANDPID: LOWS otne bws�a�rd nr5h+lnw i( d ytrnelt_nrno itSi7�+%,to-`tti ahG "}'Y1+4� nrnCh.JKlred d:'rG (1901) L.�`•i'S A.t ..� nr..G ,rnd,�s,l'tt..rkee,1[ 19+3�anc1 Ont `f'1�a•3c.....1 n.... 1n..n.J_�.i �e.r'1�o� 1111"A �or.,r� F�.-,.r•L. `.ate' 71_n/tJria TOTAL ACREAGE: 6. aD WETLANDS PRESENT: YES K NO PRESENT ZONING: e s F REQUESTED ZONING: 11-/A- PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON REASON FOR REQUEST: 1 to4- k cj v.,( FOR SITE PLAN REVIEW. Include number of existing employees: k)JA- and new employees: N This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant if Date I lug q- l -doll Signature of Fee Owner Date g \planWormaWevelopment review application.doc SCANNED Written Description of Variance Request We are requesting a variance to the setback requirement on the East side of our lot that borders Ringo Drive. We would like the setback reduced from 30 feet to 10 feet, treating this border as a side yard rather than a third front yard. We will still meet the 30-foot front yard setbacks from the North, bordering Cree Drive, and the West, bordering Yuma Drive, as well as the 10-foot side yard setback to the South. Written Justification The purpose of this request is to build a single-family home that conforms to the prevailing size, shape, and livability of surrounding homes in the neighborhood. This lot is uniquely plotted at 8,936 square feet, with roads on three sides, tapering towards the North end creating a triangular shape. Literal enforcement of the city code leaves us with a buildable area for which a triangular house 24 feet wide at one end, tapering to 7 feet wide at the other, and having a footprint of less than 1,000 square feet including garage would be built. If required to build in this space the resulting triangular house would have a flat roof for structural reasons, and would not blend with the established neighborhood. We are requesting this variance to preserve the aesthetic quality of the existing neighborhood, and livability of our future home, not for economic gain. This land was plotted before the existence of Chanhassen city codes, and has not been subdivided, nor have the owners sold any portion of this land. The front yard setback requirement of 30 feet on three of four sides of this lot is what creates practical difficulties in using this property in a reasonable manner. Ringo Drive is a public right of way, not maintained to the same standards as surrounding roads, and has very little traffic. We explored the option of vacating this road by visiting all of the property owners abutting Ringo Drive. We did not receive 100 percent support to vacate, but did not encounter anyone who was against us building a home on this property. We have included documentation of this effort in the form of a list of signatures in support of vacating the road, and the verbal responses from those not supporting the idea By treating Ringo Drive as a side yard we would be encroaching on a little -used private drive, not on anyone's personal property. The resulting house and garage we are proposing upon approval of this variance will be a lookout rambler, rectangular in shape, with a peaked roof, and a footprint of 1,765 square feet. The house will be 32 by 39 feet wide, with an attached garage 22 by 23.5 feet wide facing Yuma In planning this home and variance request every effort has been made to request the bare minimum to put this land to reasonable use. The front door will be located directly next to the garage door with no walkway, and a tapering driveway in order to meet the 25% hardcover requirement. This house will blend in with the prevailing style of this established neighborhood in size, shape and livability, while putting this property to reasonable use as a single-family home. This home will be built following all city and state ordinances protecting the locality from alteration in a negative manner during construction, and after completion. SCANNED SCANNED I uN,( CERTIFICATE OF SURVEY FOR: PETER & TRICIA NOWLING Lots 1 LEGAL DESCRIPTION: 89-1901, 1913 & 1914, CARVER BEACH bituminous roadway, xoterma;n PIVE _ 011w'P 5 Benchmark: Westerly invert of the 12' steel culvert this �� (e8P1 shown on suny. s . has an assumed t,,,,, , ExaW EXISTING HARDCOVER elevation of 992.5 feet ,\\\ OilH.. 1` , Proposed garage Door elev.= 997.38 B`^*q neS sar1. Proposed tap of foundation elev.= 1007 �� ' cone, web a one 337 Sq.Fl. Proposed lowest floor elev.: 993 11 `1 ` Total IbMcover 2102 sa.Tt. ` Lot Ana As36 sq•Tt. a Denotes iron monument ` x of Ibiecoror . 23.55 • Denotes found monument x 000.0 Denotes existing elev. (000.0) Denotes proposed elev. SITE ADDRESS (e&p) Denotes existing & proposed elev. 1 Revised: 10105111 UNASSIGNED —" Denotes surface drainage C:\EP\ORAW\ 13931.DWG DEMARS—GABRIEL File No. f hereby ce that this surrey, plan or report was prepared by me or under LAND SURVEYORS, INC. my direct su slon and that I am a duly Registered Land Surveyor under the 13931 6875 WASHMTON AVE. S0. Laws of the t to of Minnesota. Book —Pogo Sulfa 209 As surveyed by me this 24tuqust. 2011. Edina, MN 55439 gg4 _t Phone: 952) 767-0487 f r � �� y10 Scale Fox: 952) 767-0490 David E. Crook Minn. Reg. No. 22414 i�=30 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on October 6, 2011, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Nowling Variance Request — Planning Case 2011-10 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this !(?{h day of f,Ller 2011. O KIM T. MEUWISSEN Z: Notary Public -Minnesota MY Commission Expires Jan 31.2015 0 tary Pu lic Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 18, 2011 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Variance to construct a single-family home on Proposal: property zoned Single Family Residential RSF Applicant: Peter & Tricia Nowlin Property 6829 Yuma Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/r)lan/11-10.html. If you wish to talk to someone about this project, please contact Angie Kairies by email at akairiesOci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the sublect site to be notified of the application in writing, Any Interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation, The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vole of the City Council except rezonings and land use amendments from residential to commerciallindustrial. • 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, Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 18, 2011 at 7:00 P.M. This hearing may not start ' until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Variance to construct a single-family home on Proposal: property zoned Single Family Residential RSF Applicant: Peter & Tricia Nowlin Property 6829 Yuma Drive Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen,mn.us/serv/plan/l 1-10.1ritail. If you wish to talk to someone about this project, please contact Angie Kairies by email at akairiesla2cj.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any interested parry is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council, The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to 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. ANDREW A BORASH BRUCE & CHARLENE BURRINGTON CHRISTIAN SVENSGAARD 6725 NEZ PERCE DR 6869 YUMA DR 795 CARVER BEACH RD CHANHASSEN MN 55317-9206 CHANHASSEN MN 55317-9554 CHANHASSEN MN 55317-9422 CONNIE PAIGE SACKETT CURTIS C & JUDITH N QUINER CURTIS P & BRENDA K BJORLIN 820 IMPERIAL DR 725 PONDEROSA DR 824 LONE EAGLE DR CHANHASSEN MN 55317-9418 CHANHASSEN MN 55317-9419 CHANHASSEN MN 55317-9417 DANIEL S & SUSAN L DEGOLIER DARRYL D ANDERSON DARYL D ANDERSON 6780 YUMA DR 3244 40TH AVE S 3244 40TH AVE S CHANHASSEN MN 55317-9541 MINNEAPOLIS MN 55406-2227 MINNEAPOLIS MN 55406-2227 DAVID J ENRIGHT DAVID W M ANDERSON DAVID W WORKMAN 795 PONDEROSA DR 1905 BEACH LN 745 CARVER BEACH RD CHANHASSEN MN 55317-9419 WAYZATA MN 55391-9793 CHANHASSEN MN 55317-9422 DENNIS D KRUMSIEG DONALD E WHITACRE DOUGLAS A & MARTHA M WALL 760 CREE DR 751 CENTURY AVE S 800 CARVER BEACH RD CHANHASSEN MN 55317-9464 ST PAUL MN 55119-5814 CHANHASSEN MN 55317-9432 DOUGLAS H & CORAZON KALLEVIG DWIGHT E IMKER FRANK FORMICO 14021 VICTORIA LN NW 810 PONDEROSA DR APT B 19040 DUCK LAKE TRL ELK RIVER MN 55330-8314 CHANHASSEN MN 55317-9562 EDEN PRAIRIE MN 55346-2045 FRANKLIN D ERNST GERALYN J HAYDEN GERMAN D SEGURA-GOMEZ 840 CREE DR 749 CARVER BEACH RD 750 CARVER BEACH RD CHANHASSEN MN 55317-9599 CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9422 GILBERT W & SHERRY L SIEVERS GREGORY J CARLSON GREGORY N BITTLE 746 CARVER BEACH RD 760 CARVER BEACH RD 6879 YUMA DR CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9554 JACOB D & ELIZABETH G WOESE JANICE MARIE HAZELTON JEFFERY A KING 777 CARVER BEACH RD 740 CARVER BEACH RD 767 CARVER BEACH RD CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9422 JONAS C & EMILY S STARITA JONATHAN H & MARGARET ORTNER JOYCE ANN HOLLOWAY 6728 LOTUS TRL 6865 NEZ PERCE DR 845 PONDEROSA DR CHANHASSEN MN 55317-8573 CHANHASSEN MN 55317-9209 CHANHASSEN MN 55317-9562 KELLY M & JESSICA M PIEKLO KENNETH JEROME LUCAS KEVIN MCGINTY 825 PONDEROSA DR 6735 NEZ PERCE DR 820 IMPERIAL ST CHANHASSEN MN 55317-9562 CHANHASSEN MN 55317-9207 CHANHASSEN MN 55317-9418 KIRSTEN ANNE PAULY LARRY L & MARY E BARRETT LEE J & DEBORAH R PILLATZKI 751 CARVER BEACH RD 6741 HOPI RD 830 PONDEROSA DR CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9427 CHANHASSEN MN 55317-9562 LISA THOMPSON MARIE A LAMERE MARK A & JULIE C QUINER 6780 LOTUS TRL 6859 YUMA DR 6889 YUMA DR CHANHASSEN MN 55317-8573 CHANHASSEN MN 55317-9554 CHANHASSEN MN 55317-9205 MARK A VANGUILDER MARTIN P & AMY E JENSEN MICHAEL A & ROBBIE WOITALLA 805 PONDEROSA DR 770 CREE DR 6712 HOPI RD CHANHASSEN MN 55317-9562 CHANHASSEN MN 55317-9464 CHANHASSEN MN 55317-9427 MICHAEL F & BARBARA A COYLE MICHAEL J & ELIZABETH M KOHANE MIKE BUENTING 757 CARVER BEACH RD 6870 YUMA DR 6800 RINGO DR CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9554 CHANHASSEN MN 55317-9558 RICHARD E ROSSING RICHARD E ROSSING ROBERT A WIEST 130 CYGNET PL 739 CARVER BEACH RD 840 CARVER BEACH RD LONG LAKE MN 55356-9734 CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9432 ROBERT C MACFARLANE ROBERT JOHN MOORE RONALD M & DIANE M 6850 YUMA DR 6839 YUMA DR STANCHFIELD CHANHASSEN MN 55317-9554 CHANHASSEN MN 55317-9554 6727 HOPI RD CHANHASSEN MN 55317-9427 STACY L ENGER STANLEY ROBERT CRONISTER STATE OF MINNESOTA IN TRUST 790 CARVER BEACH RD 6730 LOTUS TRL 600 4TH ST E CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-8573 CHASKA MN 55318-2102 STEPHEN KENNEDY STEVEN J & JOAN M CRONSON SUSAN D ALBEE 761 PONDEROSA DR 801 CREE DR 6871 NEZ PERCE DR CHANHASSEN MN 55317-9419 CHANHASSEN MN 55317-9599 CHANHASSEN MN 55317-9209 TERRANCE & ELIZABETH MATTESON MATTESON THOMAS L & JUDITH L RAYMOND THOMAS OPITZ 833 CREE DR 834 CREE DR PO BOX 872 CHANHASSEN MN 55317-9599 CHANHASSEN MN 55317-9599 CHANHASSEN MN 55317-0872 TRICIA L NOWLING WESLEY WALTER WESTERMANN WYATT CRANE 6271 BLUE JAY CIR 710 PONDEROSA DR 760 PONDEROSA DR EXCELSIOR MN 55331-9008 CHANHASSEN MN 55317-9419 CHANHASSEN MN 55317-9419 Carver County, MN DisGaimer. Tirtsmap vadcreatetlusing CarorCounNsGeographic Map Scale N Intimation Systemm s (GIS). it is a copon ilatinformation and data tom of i various Stale, antl Fatless intend. This mape not a or 1 inch = 310 feet surveyed leounly, legally to used as map and is intendedbfor W E eforen. reference. aunty is Counryisnot responsible(orany inaavracies a in s Map Date mntainetl herein. ursio 9/8/2011 S O Request West front yard- setbackalon,Yuma: 12-foot vanance(18- foot setback) Fast front yard�`�,'� setback along Ringo: \� �- 21 foot va (9 (aot setback) _ - .R •jai.ndit.. �\ he2si rrom me za-�.d .wa orm. Carver Beach Subdivision ❑ Plat recorded in 1927 --- ❑ Nonconforming - `-- lot of record ❑ Stormwater Runoff c - RCAD 1 ai', 10/18/2011 �r1axAenFcl •L lu�w r /1=WWIWIM- • r"M ma 1 Subject Site: Existing Conditions Nonconforming Id of record • Lot area = 9.%6 square foot St M kont2 on th1 9MGS X requree seMa (Vu111a. Cree.a Rngo tg'reguirW seM hom Sou P= Line 9uilUaekM=tMCsguare- 1.1Mangk Site gmtrlage wlMin Somhern ponlon of property Drainage w �� ^1 A *1 a OrginalRyuesl ReaiSM Reeuesl 0 10/18/2011 z 10/18/2011 Drainage o Three (3) feet of separation between the low building elevation and the high water level. ❑ Construct a berm south of the swale to protect the neighboring property. ❑ Drainage and utility easement over the swale. Recommendation "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2011-10 for the construction of a single-family home with variances, subject to the conditions of the staff report; and adoption of the Findings of Fact and Decision." /1 tea, `.y�.3. $ FOR: r LL— = 3ZX 3 5 r ►� Benchmark: Westerly invert of the 12* steel culvert shown on this survey. has an assumed elevation of 992.5 feet Proposed garage floor elev.- 995.0 Proposed top of foundation elev.- 998 Proposed lowest floor elev.- 990 CERTIFICATE OF SURVEY PETER & TRICIA NOWLING LEGAL DESCRIPTION: Lots 169-1901, 191 J & 1914, CARVER BEACH _ ', bituminous roadwoy; wolwmub POD ER DPIVE - -- % 00 *'Iq p5 o Denotes Iron monument • Denotes found monument \` x 000.0 Denotes existing elev. (000.0) Denotes proposed elev. (e&p) Denotes existing & proposed elev. —� Denotes surface drainage DEMARS-GABRIEL LAND SURVEYORS, INC 6875 WASHINGTON AVE. SO. SUITE 209 Edina, MN 55439 Phone:(952) 767-0487 Fox: (952) 767-0490 , toes calker R► o t�7- bast xhG�h� 1 Lv x lv-Al EXISTING HARDCOVER S.Owng 1765 Sq.n. Cone. W & Odw 469 Sq.R. Total Hardcover 2234 S,.R. rnpry. tet be t493e Sq.Ft. x of Ibrdconr - 25 X SITE ADDRESS: UNASSIGNED C'I,EP`ORAW� 1J9J1.0WG 1 hereby ce 1 that this survey, plan or report was prepared by me or under File NO. my direct su lsion and that I am a duly Registered Land Surveyor under the 13931 Lows of the State of Minnesota. Dook—page As surveyed by me this 24th day Au ust, 2011. 9t:p 1 y10.1'av Scale David E. Crook Minn. Reg. No. 22414 1 "-20' SCANNED . ad , �} � 2 . 5 � ,ata c..� Rw��o 1��.-b �..oa 1� �Ms t l 3 ` �J w-l-�'� PROPOSED MOTION: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2011-10 for the construction of a single-family home with variances, subject to the conditions of the staff report; and adoption of the Findings of Fact and Decision." PROPOSAL: The applicant is requesting the following variances for the construction of a single- family home on a non -conforming lot of record zoned Single Family Residential District (RSF): • West front yard setback along Yuma: 12-foot variance (I8-footsetback) • East front yard setback along Ringo: 21-foot variance (9-foot setback) (AH proposed setbacks are measured from the 24-inch eaves of the structure). LOCATION: 6829 Yuma Drive Lots 1899-1901, 1913 & 1914, Carver Beach APPLICANT: Peter and Tricia Nowling 6271 Blue Jay Circle Excelsior, MN 55331 PRESENT ZONING: Single -Family Residential (RSF) e� 2030 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: .2 acres (8,936 sq. ft.) DENSITY: N/A 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. SUMMARY OF PROPOSAL The subject site is located in the Carver Beach Subdivision and is zoned Single -Family Residential (RSF). The site is a non -conforming lot of record with an area of 8,936 square feet versus the minimum 15,000 square feet for a new lot in the RSF district. Nowling Variance Planning Case #2011-10 October 18, 2011 Page 2 of 7 The subject site has street frontage on three sides of the property, Yuma Drive, Cree Drive and Ringo Drive; thus creating three "front yards". The required front yard setback is 30 feet. With a 30-foot setback from three property lines, the buildable area of the site is a 1,024 square - foot triangle. The applicant's original request was for one setback variance from Ringo Drive with the same house footprint; all other setbacks and hard surface coverage requirements would be met. During a site visit, it came to staff's attention that there is an existing 12-inch culvert that discharges stormwater under the right-of-way for Ringo Drive and across the southem portion of the subject site toward Yuma Drive. The original location of the house was directly over this drainage area. It was at that time that staff advised the applicant to relocate the house toward the north property line to ensure the drainage was accommodated when locating the house. To accommodate this drainage, the proposed house is located closer to the north end of the property. In doing so, the 30-foot front yard setbacks cannot be met and still allow the construction of a single-family home. Therefore, the applicant is requesting two front yard setback variances (as measured from the eaves of the proposed structure): • A 12-foot front yard setback variance (18-foot setback) from the minimum 30-foot front yard setback along Yuma Drive. The footprint of the structure will be located 20 feet from Nowling Variance Planning Case #2011-10 October 18, 2011 Page 3 of 7 the property line, which is adequate space to park a vehicle on the driveway and maintain a 10% driveway slope. A 21-foot front yard setback variance (9-foot setback) from the minimum 30-foot front yard setback along Ringo Drive. The 40-foot wide right-of-way for Ringo Drive was dedicated with the Carver Beach plat in 1927. The existing pavement within the right-of- way is not a public street. Providing an I 1-foot setback between the footprint of the structure and the east property line will allow for adequate snow storage. The zoning ordinance states that eaves may not encroach into the required setback if a variance is granted. Therefore, all setback distances for variance consideration will be measured from the eaves of the structure while the foundation is recessed two feet from the eaves. Staff is recommending approval of this variance request based on the fact that the site is a non -conforming lot of record the unique size and shape of the site and the need to accommodate stormwater drainage of the southern portion of the property. APPLICABLE REGUATIONS Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4. Section 20-73. Non -conforming lots of record. Chapter 20, Article XII. Single -Family Residential (RSF) District. Chapter 20, Article. XXIII, Division 1. Sec. 20-905. Single Family Dwellings Chapter 20, Article XXIII, Division 1. Sec. 20-908. Yard Regulations. BACKGROUND The subject property was platted as part of the Carver Beach Subdivision which was recorded in 1927. The subject site is a non -conforming lot of record and does not meet minimum lot requirements. The parcel consists of lots 1899 through 1901, lots 1913 and 1914, Carver Beach. )�� ........ • . - _ 433 5,0 1395 I I 1 _ _ kA_ 1434 7AA I I t I 96 140G it ;T 1 33 _ 2e50 �397 '>icl� 1�o7xr4N ��+Ivit� 'w'o_43G •' 40� m ro;ro,n�nlro ro�ro'roM;n' 1398 �^ • i408 al N NIN .a I�1437 I_T!�' Ig00nli 1439 „f33•iss ROAD ---'"'�- `'-9C'--- JJI'3♦o 36 N'^ ■`ri nJgjn MIG37 L r-� 7 i - bra 28 ♦ w, r of �T---- ''\qwi 9y -vl�fYv.�l�IniMytlii."l'�.,, 14G2 1 � i6q �9 Lq 30�-i'i_�-�-i_-I_•_I_ _I- 7T�i IG64 \ 17 ,�2 p- \4 10 \q1\� \q�5 31 31 ROAD A SI o1 1NIA -7t,1IP101-IN'p 890 \►22_ ; o \ 11df- - \ v vim hio al h n:nl,.Issrf- 3 �`- \q 5L`-�o oiol olo :4Io �I�I'O�a,olo: 1891 y .�1q�� Me- M Nowling Variance Planning Case #2011-10 October 18, 2011 Page 4 of 7 Due to the fact that the Carver Beach subdivision predates the adoption of the zoning ordinance in 1972, many parcels in this development are non -conforming lots of record and may require a variance to update or construct homes. ANALYSIS The subject site is a non -conforming lot of record platted in the early 1900s and does not comply with many of the RSF zoning district standards which were established in 1972. The subject site is a trapezoid with an area of 8,936 square feet. The minimum lot size in the RSF zoning district is 15,000 square feet. In addition to the lot area not meeting the district requirements, the site has an average 68.5-foot lot width, which does not meet the minimum 90-foot lot width requirement. The required 30- foot front yard and 10-foot side yard requirements further limit the buildable area of the site. To comply with all of the required setbacks, the buildable area of the site is a 1,024 square -foot triangle. Due to the size and shape of the lot and required setbacks, a home, which complies with the minimum City standards for a single-family home, (Section 20-905) is virtually impossible to locate on the site without variances. City Code requires that a (30' x 30') rambler have a minimum floor area of 900 square feet and a two-story have a minimum of 600 square feet on the fast level. CREE DRIVE too, RAs sr.zn / d� a� gy.71 In addition to the minimum floor area, the City Code also requires the site to have a two -car garage. An average size garage is 22'x 22' (484 square feet). The proposed house is 1,248 square feet with a 517 square -foot attached garage. The proposed house complies with the 25% maximum hard surface coverage requirement in the RSF district. Nowling Variance Planning Case #2011-10 October 18, 2011 Page 5 of 7 DRAINAGE There is a 12-inch corrugated metal pipe that discharges stormwater under the right-of-way for Ringo Drive and across approximately the southern one-third of the subject property. This drainage is then conveyed through a channel approximately 0.5 foot deep to the southwest property corner where it then flows south down Yuma Drive. Under existing conditions, 0.82 acre of land is tributary to this culvert — primarily from the northeast. An additional 0.33 acre of land will drain to the proposed swale for a total of 1.15 acres of land flows to the southeast corner of this lot onto Yuma Drive. Because this is a legal lot of record, the property owners must be allowed a reasonable use of the property. However in doing so, the location of the proposed house and the existing drainage must be considered concurrently so as not to cause damage to adjacent properties. To determine the characteristics of the drainage on the site as it relates to the development of this parcel, the hydrology and hydraulics were evaluated. Based on this evaluation, it was modeled that during a 100-year, 24-hour rain event, the culvert will discharge at a rate of 3.2 cubic feet per second (cfs). A swale, constructed with a four (4) Nowling Variance Planning Case 42011-10 October 18, 2011 Page 6 of 7 foot wide bottom and 1:4 side slopes, will have a flow depth of just less than one -quarter foot in depth (0.23 ft) during a 6-inch rain event. The applicant is required to provide three (3) feet of separation between the low building elevation and the high water level. Further, they need to construct a berm south of the swale to protect the neighboring property. Based upon the topographic survey and the grading plan they provided it is apparent that they will be able to meet these requirements, but at this time adjustments to the current plan as submitted are required prior to issuing a Building Permit. In order to assure that the conveyance remains in perpetuity, a drainage and utility easement will be required over the swale. The exact location and dimensions of this easement remain to be determined and shall, at a minimum, include the high water level and adequate width to allow equipment into the channel to perform routine maintenance. RIGHT-OF-WAY The 40-foot wide right-of-way for Ringo Drive was dedicated with the Carver Beach plat in 1927. The existing pavement within the right-of-way is not a public street. There are no plans to construct a public street at this time. A new, standard residential street is 31 feet wide from back -of -curb to back -of -curb within a 60- foot wide right-of-way. If a public street is constructed in the future, the street width will be determined at that time. TREE PRESERVATION The proposed site is heavily wooded. It is the policy of the city to preserve natural woodland areas throughout the city and, with respect to specific site development to retain, as far as practical, substantial tree stands which can be incorporated into the overall landscape plan. No clear cutting of woodland areas shall be permitted, unless it is part of an approved subdivision, planned unit development or site plan application. Clear cutting would result in a variance request. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached Findings of Fact and Decision: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2011-10 for a 12-foot front yard setback from the west property line and a 21- foot front yard setback from the east property line for the construction of a single-family home and adoption of the findings of fact and action, subject to the following conditions: 1. Building Official Conditions: a. A building permit is required. Nowling Variance Planning Case #2011-10 October 18, 2011 Page 7 of 7 b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. 2. City Forester Conditions: a. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. b. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. c. The application shall plant two overstory, deciduous, 2-1/2" diameter trees. 3. Water Resource Coordinator Conditions: a. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. b. A drainage and utility easement shall be required over the conveyance system. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel. c. The grading must also allow for continued drainage from east to west across the adjoining property to the south. ATTACHMENTS 1. Findings of Fact. 2. Letter from applicant waiving 60-day review period. 3. Development Review Application. 4. Registered Land Survey. 5. Public Hearing Notice and Affidavit of Mailing List. G:\PLAN\2011 Planning Cares\11-10 Nowline Variance-6529 Yuma Drive\PC Staff ReportAm CHANHASSEN PLANNING COMMISSION REGULAR MEETING OCTOBER 18, 2011 Chairman Aller called the meeting to order at 7:00 p.m. Andrew Aller, Tom Doll, Kathleen Thomas, Kevin Ellsworth, Kim Tennyson and Lisa Hokkanen MEMBERS ABSENT: Mark Undestad STAFF PRESENT: Kate Aanenson, Community Development Director; Angie Kairies, Planner, and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Peter and Tricia Nowling 6271 Blue Jay Circle, Excelsior Jeff King 767 Carver Beach Road C. Svensgaard 795 Carver Beach Road Mark Jensen 770 Cree Drive Frank F. 730 Carver Beach Road Bruce Burrington 6869 Yuma Drive Bob Moore 6839 Yuma Drive Bruce & Sue Koehnen 1830 Koehnen Circle Kirsten Pauly 751 Carver Beach Road Kairies: Good evening Chairman Aller, members of the Planning Commission. The application before you tonight is a variance request from front yard setbacks for 6829 Yuma Drive, which is comprised of Lots 1899 through 1901, Lot 1913 and 1914 in the Carver Beach subdivision. The property is zoned Residential Single Family. It's located again within the Carver Beach subdivision. The Carver Beach subdivision is located west of Lotus Lake. A brief history on the Carver Beach area. It was platted, or excuse me recorded in 1927 which pre -dates the City of Chanhassen zoning ordinance, which was adopted in 1972. Therefore there are quite a few non -conforming lots of record in this area. In addition to that there are some infrastructure inadequacies as far as storm water, retention and things of that nature so this lot is no exception to either of those. It is a non -conforming lot of record. Their request tonight is for a 12 foot variance from the 30 foot front yard setback along Yuma Drive and a 21 foot setback variance along Ringo Drive. And just for some clarification there are three frontages on this property. Again on Yuma Drive, Cree Drive, which is on the north end of the property, and Ringo Drive which is located on the east side of the property. Therefore three frontages, each of those requires a 30 foot front yard setback. And then on the south property line that would be a 10 foot setback. All of the variances are requested from the 24 inch eaves so keep that in mind. Again this is a legal non -conforming lot of record. The residential single family district requires 15,000 square feet per lot. This lot is 8,936 square feet. Again as I discussed earlier the three 30 foot setback requirement, which significantly reduces the buildable lot area which is shown in the triangle. That area is 1,024 square feet. There is existing drainage located on the property that is, goes through a 12 inch culvert under Ringo Drive and then it flows on the southern portion of the subject site. That was something that we needed to take into consideration to make sure that we continue to allow that drainage to flow through to Yuma Drive. Originally when the applicant came in they were only requesting one variance and that was a variance along Ringo Drive. The plan was to maintain 30 foot setback from Yuma Drive as well as Cree. However as you can see in the arrows the drainage flowed right underneath where they were planning on placing the house. Therefore the applicant worked with city staff to slide the house more northward on Chanhassen Planning Commission —October 18, 2011 the property. However in doing so, because of the shape of the lot, a second variance is being requested today. In order to maintain this drainage the applicant must maintain 3 foot separation between the low point of the building elevation and the high water level of the drainage. They must also construct a berm to make sure that they're not causing drainage issues to the other properties, including the property to the south which is their closest neighbor, and a drainage and utility easement will be placed over this area to insure that it's maintained and allowed to be kept open. With that staff is recommending approval of the request this evening and if you have any questions at this time I'll be happy to answer them. Allen. Commissioners, any questions? Ellsworth: Nope. Allen. I think the report's pretty straight forward so I don't have any questions either. Would the applicant like to approach? Is the applicant here? Tricia Nowling: I'm Tricia Nowling. This is my husband Peter. We'd like to thank the commission for taking the time to hear our case tonight. We are in agreement with the staff report tonight and have worked closely with them to get to this point and we're here to answer any questions if you have that of US. Aller: The, that south swale. Tricia Nowling: Yep. Aller: Is that going to be open then? Tricia Nowling: Yes, it will be open. Aller: Okay. And then the drainage will come across and hit. Tricia Nowling: Yuma. Aller: Yuma? Tricia Nowling: Yep. Aller: Okay. And do you think that there'll be sufficient setback then for that water not to interfere with your limit of the home? Tricia Nowling: Yes there will be the way that we've worked it with the City. Allen. That's kind of a unique lot. Tricia Nowling: It is very unique. Aller: Okay, I don't have any further questions. Thanks for coming down. Peter Nowling: Thank you. Tricia Nowling: Thank you. 2 + Chanhassen Planning Commission — October 18, 2011 Alley: At this point we'll open the public hearing. Anyone wishing to come forward and make comment on the application can do so. Seeing no one coming forward I'm going to close the public hearing. Comments from the commissioners. Thomas: No. Ellsworth: No, it looks pretty straight forward Aller: 1 think it's pretty straight forward. I think it's a very unique lot and this is the exactly the type of thing where somebody should be coming in and applying for a variance and I think they've worked well with staff and I would recommend it so I would entertain any motions. Ellsworth: I'll make a motion the Chanhassen Planning Commission as the Board of Appeals and Adjustments approves Planning Case #2011-10 for the construction of a single family home with variances subject to the conditions of the staff report and adoption of the Findings of Fact and Decision. Doll: Second. Aller: I have a motion and a second. Any further discussion? Ellsworth moved, Doll seconded that the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, approves Planning Case #2011-10 for a 12-foot front yard setback from the west property line and a 21-foot front yard setback from the east property line for the construction of a single-family home and adoption of the findings of fact and action, subject to the following conditions: 1. Building Official Conditions: a. A building permit is required. b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. 2. City Forester Conditions: a. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. b. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. c. The application shall plant two overstory, deciduous, 2-1/2" diameter trees. 3. Water Resource Coordinator Conditions: a. Site grading plan must he modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. Chanhassen Planning Commission — October 18, 2011 b. A drainage and utility easement shall be required over the conveyance system. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel. c. The grading must also allow for continued drainage from east to west across the adjoining property to the south. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary minutes of the Planning Commission meeting dated September 6, 2011 and the work session minutes dated September 20, 2011 as presented. COMMISSION PRESENTATIONS: None. CITY COUNCIL ACTION UPDATE: Aanenson: Yes, in your packet was the ... City Council meeting on September 12'" and that was the Burrough's variance and that was regarding the Sport Court at Settler's West and so what they're planning, what the City Council had talked about was, denied that but they also talked about reviewing the hard surface coverage. Aller: If we could have some, limit conversation in the back please. Aanenson: Sorry. Aller: That's okay. Ellsworth: What did they decide to do Kate? Aanenson: They're going to look at the impervious surface issues. Ellsworth: Oh, see if it meets. Hokkanen: To see if that material is. Aanenson: Yeah, not just, not looking at it on a, this specific case but city wide and I think that's the best way to approach it, which is why we didn't want to do it like an incremental change. Is to really to do some study and maybe that will come back up through this group or we maybe go tour some other sites and that's kind of what we looked at when we were out visiting some of those properties. Looking at wetlands and why we do that so. So that will filter it's way back. Aller: Yeah, I think it will be important for us to look at some of the sites where they actually use the Sport Courts and see what the infiltration actually is. Aanenson: Yeah. Yeah, and not just Sport Courts. We get requests for patios and a lot of other things too so we'll look at that when people on that so just so that we have a consistent policy on that. And then the other one was the Lake Drive Business Center and that was approved. At that time CSM said that they you know just wanted to have that in place but as it turns out they are working on getting their plans to put those, I think 3 of the 4 parking areas in. 4 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 10/12/2011 14:46 Receipt No. 00169511 CLERK: bethanya PAYEE: Peter/Tricia Nowling 6271 Blue Jay Circle, Apt 9 Excelsior MN 55331-9018 Planning Case # 2011-10 ------------------------------------------------------- Property Owners List 186.00 Total Cash Check 2008 Change 186.00 0.00 186.00 0.00 SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 cmoF (952) 227-1100 aEffim To: Peter & Tricia Nowling 6271 Blue Jay Circle Excelsior, MN 55331 Invoice SALESPERSON DATE TERMS KTM 10/6/11 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 62 Property Owners List within 500' of 6829 Yuma Drive (62 labels) $3.00 $186.00 TOTAL DUE $186.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for October 18, 2011. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #2011-10. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESSI SCANNED CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 09/07/2011 08:46 Receipt No. 00166381 CLERK: bethanya PAYEE: Peter/Tricia Nowling 6271 Blue Jay Cir Apt 9 Excelsior MN 55331- Planning Case 2011-10 ------------------------------------------------------- Use & Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 Total Cash Check 2006 Change 450.00 0.00 450.00 0.00 SCANNED 11-10 Meuwissen, Kim From: Kairies, Angie Sent: Tuesday, September20, 2011 3:20 PM To: Tricia Koehnen Cc: Shamla, Joe; Jeffery, Terry; Meuwissen, Kim Subject: RE: Letter we discussed this AM Tricia, During our meeting on Monday, September 19, 2011, we discussed two options pertaining to the property located at 6829 Yuma Drive based on the current drainage issues on the site. 1. The City of Chanhassen would be willing to purchase the property for stormwater purposes. Terry will be sending you additional information soon. 2. Proceed with the variance request. In proceeding, consideration of the existing drainage conditions is necessary to provide a complete review of the variance application. It is staff intent to reduce the risk of future water problems for both you and your neighbor to the south. As Terry stated he will have an outside engineering firm provide detailed information of the existing drainage on the property. The firm he contacted is unable to provide the information in time for the October 4, 2011 Planning Commission meeting. Therefore, are rescheduling the variance to October 18, 2011 Planning Commission meeting. Staff has received your letter waiving the 60 day review period to reschedule. On behalf of the City, we appreciate your patience and willingness to work with us. Sincerely, Angie Angie Kairies Planner I City of Chanhassen 7700 Market Blvd Chanhassen, MN 55317 Direct dial: 952-227-1132 Fax: 952-227-1110 email: akairies(o)ci.chanhassen.mn.us Website: www.ci.chanhassen.mn.us From: Tricia Koehnen[mailto:triciakoehnenCc)vahoo.com) Sent: Monday, September 19, 2011 1:08 PM To: Kairies, Angie Subject: Letter we discussed this AM Angie, As we discussed this morning at our meeting, we are sending the letter waiving the 60 day review period and resceduling the Planning Commission meeting for October 18, 2011 if needed. Thank you and the city staff for meeting with us this morning, providing us with more infromation needed to proceed. We will be looking for information from you and/or city staff as discussed this morning in the near future. Sincereley, Tricia CITY OF SEN CARVER & HI NNEPIN COUNTIES NOTICE OF pUBLIc HEARING PLANNING 1-10 NOTICEIS E HEREBY GIVEN thatthe Ch haecenPlanrdng COm- mission will hold a public hearing on Tuesday, October 4, 2011, at 7:00 nm. in the Council Chambers in to consider a request tut n .a.— — to construct a single-family home zoned Single Family Residential (RSF) located a 6t 829 Yuma Drive. Applicant: Peter & Tricia Nowling. A plan showing the location of the proposal is available for public review on the City's web site at wvwci.chanhassen.mn.us/serv/ plan/11-10.html or at City Hall during regultu' business h(tirs. All interested persons are invited to at- tend this public hearing and express their opinions with respect to this proposal. Angie Kairies, Planner I Email: akairies@ ci.chanhassen.mn.us Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday, September Affidavit of Publication Southwest Newspapers 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 331 A.02, 331 A.07, and other applicable laws, as amended. , I [— (B) The printed public notice that is attached to this Affidavit and identified as No.y ) s 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: abodefghijklmnopq Laurie A. Hartmann Subscribed and sworn before me on this day of4F65 .2011 ��-(1--� No lic JYMME JEANNETTE BARK NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01/31/13 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31-20 per -column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNED 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Memorandum TO: Angie Kairies, Planner FROM: Terry Jeffery, Water Resources Coordinator \� DATE: October 10, 2011 Administration RE: Nowling Variance Phone:952.227.1100 Fax: 952227,1110 Building Inspections Tricia and Peter Nowling are proposing to construct a single family residence on a legal Phone:952.227.1180 lot of record. There exists a 12" corrugated metal pipe that discharges under the right- Fax:952.227.1190 of -way for Ringo Drive and across the approximate southern one-third of the subject property. This drainage is then conveyed through a channel approximately 0.5 foot Engineering deep to the southwest property corner where it then flows south down Yuma Avenue. Phone: 952.227.1160 Under existing conditions, 0.82 acres flow to this culvert — primarily from the northeast Fax: 952.227.1170 — and 1.15 acres flow to the southeast corner of this lot. Finance Phone:952.227.1140 Because this is a legal lot of record, the property owners must be allowed reasonable Fax:952227.1110 use of the property. However, this goal must be considered concurrently with the goal of not causing damage to adjacent properties. To this end, the hydrology and hydraulics Park & Recreation of the site were evaluated. Phone:952.227.1120 Fax:952.227.1110 Based upon this evaluation, it was modeled that during a 100-year, 24-hour rain event, the culvert will discharge at a rate of 3.2 cubic feet per second (cfs). A swale, Recreation Center constructed with a four (4) feet wide bottom and 1:4 side slopes, will have a flow depth 2310 Coulter Boulevard Phone:952.227.1400 of just less than one -quarter foot in depth (0.23 ft) during a 6-inch rain event. The Fax:952.227.1404 applicant is required to provide three (3) feet of separation between the low building elevation and the high water level. Further, they need to construct a berm south of the Planning & swale to protect the neighboring property. Based upon the topographic survey and the Natural Resources grading plan they provided it is apparent that they will be able to meet these Phone: 952.227.1130 requirements. This will provide adequate protection for the proposed residence as well Fax:952.227.1110 as adjoining property as required by city code and engineering practices. Public Works 7901 Park Place A redlined drawing is attached to this memorandum showing these conditions could be Phone:952.227.1300 met. The applicant is free to modify this plan based upon their goal for the property but Fax:952.227.1310 they must not move the house from the proposed location. If the house is moved it would change the variance request. Senior Center Phone:952.227.1125 In order to assure that this conveyance remains in perpetuity, a drainage and utility Fax:952.227.1110 easement will be required over the swale. The exact location and dimensions of the D&U remain to be determined but should, at a minimum include the high water level Web Site and adequate width to allow equipment into the channel to perform routine www.ci.chanhassen.mn.us maintenance. An alternative to the D&U would be to require the applicant to enter into Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow a maintenance agreement with the city and record this against the property. This would mean that the property owner would be responsible for all maintenance of the channel. Based upon my review, I would recommend approval of the variance request with the following conditions. CONDITIONS OF APPROVAL 1. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval. 2. A drainage and utility easement shall be required over the conveyance system. This shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel. 3. The grading must also allow for continued drainage from east to west across the adjoining property to the south — similar to what is shown on the attached redline. Ap WS a a�w- Engineering a Planning a Environmental a Construction Memorandum To: Terry Jeffery, City of Chanhassen From: Todd Hubmer, PE Date. September 26, 2011 Re: 6829 Yuma Avenue Preliminary Analysis WSB Project No. 1694-36 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-641-4800 Fax: 763-541-1700 We have completed an analysis of the drainage patterns and proposed development plan for the property at 6829 -Yuma Avenue in the City of Chanhassen. The results of our analysis are: The property receives stormwater runoff from 0.82 acres from the northeast from the 12" CM culvert under Ringo Drive. The proposed home adds an additional 0.18 acres draining to the east for a total of 1.05 acres draining to the south property line (see attached watershed map). The total drainage area to the southwest comer of the property is 1.17 acres. The 100-year 24 hour event culvert discharge is 3.2cfs at the Ringo Drive Culvert. The 100-year 24-hour event flow in the Swale along the south property line is anticipated to be 3.9 cfs with a velocity of 2.9 fps. The depth of flow in a Swale with a 4' bottom and 1:4 side slopes is 0.23' using the elevation shown on the certificate of survey. e The 100-year 24-hour total runoff volume to the south swale is 0.228 acre-feet (9962 cuft). It is recommended that the overflow elevation of the driveway (989.0 +/-) at 6839 Yuma Drive be used to establish the top of berm on the south side of the site. One issue of concern is build up of snow on the east side of Yuma Drive at the overflow in southeast corner of the property near the driveway. This may not allow the runoff to discharge over the curb to the south in the spring snowmelt event. It is assumed that the property to the south (6839-Yuma) may also place snow from the driveway in the overflow route. It is recommended that the property owners be advised that obstruction of the overland flow route should be avoided. Minneapolis a St. Cloud Equal Opportunity Employer F'O16W-IE04�mMNffMOlelS'e'491611 Mo 70f Xenia Avenue Scum. Sole J'.b 6829 - Yuma Drive VSB Noj.14o. 1694-76 Date: Sept.26, - W(10 Wu apple MN 6 16 J(� „„ zeeg� Drainage Area Map Figure Chanhassen, Minnesota ' IV=N CITCIJit eAQHF_i1N.^a {'IA4N11C tCN31NUCl GI CERTIFICATE OF SURVEY FOR: PETER & TRICIA NOWLING LEGAL DESCRIPTION: Lots 49-1901, 1913 & 1914, CARVER BEACH I bituminous roddllay' «stermein 10,�o CREE MZM T %00* t 1 " n 9n (99uA ) dLit. s r 405 1100 Nil N 7� 1� ` \ ` _ —1 a 91zs \` Benchmork. Westerly imert of the 12' steel culvert shown on this survey. i� ; l^a' , ��/;,,,, `^""�I �� DaSTING HARDCOVER has an assumed e4vaffan o/ 992.5 feet ` 987t hom ev2ane 170 sslL r Proposed gongs floor e/ev, 997.38 `\ r cec were a oM Sll syre Proposed top of foundation elev.= 1001 1 Proposed lowest floor a/ev, 993 `11 To1e1 /IWKeer 2102 s9R. ° Denotes iron monument a \• s er 11o1ecwv 21si Denotes found monument I, 000.0 Denotes existing ale". SITE ADDRESS. (000.0) Denotes proposed elev. ONASSIGNED (etp) Denotes existing & proposed 01". Revised: 10/05/71 Denotes surface drainage C:\£P\0R4Wt73931.0WG DEMARS—GABRIEL I hereby ce that this survey, plan or report was prepared by me or under File NO' 13931 LAND SURVEYORS, INC. rry direct su sion and that 1 am a duly Registered Land Surveyor under the Book —Page Laws of the St to of Minnesota. 6875 WASITYM.TON AVE SO. As surveyed by me this 24th,,0oX of/a�lugust, 2011.View SWE 209 Edna, 5567 `,98'12,r. .l L�■L & / Scale PAone:(952) 767—D487 95 O SO." L f/�r 1,630, David E. Crook Minn. Reg. No. 22414 Far: (952) 767-0490 �V/ �'l �I �l�le f �exil1�sZ�ll7%✓f FOR: PETER & TRICIA NOWLING LEGAL DESCRIPTION: Lots *9-1901, 1913 k 1914, CARVER BEACH � 1�n��r 1 bituminous rood_ surern�o;n y9ay9a ,`� riRK D)?M MN O $ g941 � I 0" `, 37.28/ 1 wa ,9y59 1 996.6 1 ' (C&P) O e i eooded,1 rd ! C�994yx >, Vw s ,can . \ N%P1 ,Q I (g95.5) ~.,Ali \ 11` 9961 I 991s t �'�s0w�' `g051 Ins n ti 99.71 S Arl, 9919 x 98P `5 a� g909 11 Benchmark: Westerly invert of the r `�� 12' steel culvert shown on this survey. / ; Existing `, EXISTING HARDCOVER has an assumed elevation o/ 992.5 feet 9s1.1 House Proposed garage floor elev.= 997.38 ' � BuJ?mq t763 Sq.R. Proposed top of foundation elev.= loot 11 1' C.. wble a ariw an f. sg.r Proposed lowest /loot el",99J 1 `� Total neMoro cr 2702 $q.R. ` Lot Area 8,930 Sq.R. o Denotes iron monument 1 ` x of l/ardaorer - 2J5: • Denotes found monument x 000.0 Denotes existing elev. 000.0 Denotes ( ) proposed el 11 SITE ADDRESS: ro UN4SSIGN£D (etkp) Denotes existing &proposed elev. Revised: 10/05/1I -� Denotes surface drainage C.-\EP(DRAW\ 13931.DWG DEMARS—GABRIEL File No. I hereby cei that this survey, plan or report was prepared by me or under 13931 LAND SURVEYORS, INC. my direct su isiot and that I am a duly Registered Land Surveyor under the 6875 WASHINGTON AVE. SO. Laws o/ the tno of Minnesota. Book-Page SUITE 209 As surveyed by me this 24th of August, 2011. Edina, MN 55439 x 9641 v Phone:(952) 767-0487 M� 910101 Soule Fax: (952) 767-0490 David E. Crook Minn. Reg. No. 22414 1 `=30 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2011-10 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, October 4, 2011, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance to construct a single-family home on property zoned Single Family Residential (RSF) located at 6829 Yuma Drive. Applicant: Peter & Tricia Nowling. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/sgnL/plan/ I I-10.htm1 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Angie Kairies, Planner I Email: akairies@.ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on September 22, 2011) SCANNED Ix FV� `Hnr C�`q'r�I e� J �m �� ? Floes QaP• eas{- S�otm ✓�,,� ? ilov►er UYIbU.Wu"i.Fy� pp qq QwP\\,:- Or } &Y\ INFRASTRUCTURE 1 ENGINEERING 1 PLANNING 1 CONSTRUCTION Minneapolis 763,541 4800 • St. Cloud 320.252.4900 • Toll Free 1.888.541 4800 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 Date: September 7, 2011 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: September 21, 2011 By: Angie Kairies, Planner I 952-227-1132 akairiesna ci.chanhassen.mn.us Subject: Request for a setback Variance to allow construction of a single-family home on property zoned Single Family Residential (RSF) located at 6829 Yuma Drive. Applicant/Owner: Peter & Tricia Nowling. Planning Case: 2011-10 PID: 25-1601410 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on September 2, 2011. The 60-day review period ends November 1, 2011. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on October 4, 2011 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than Sentemer 21, 2011. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco a.i:1a Carver County, MN Disclaimer TMsmap wee vested wing carver Cowty's Geographic Map Scale Infonnadon Systems (GIS), Ris acanpiladon of,Wo at. and Gets Tom venous aty,cwnty, State and Federed 0, This map is naa 1 inch = 115 feet su"Yad or legelty recorded map antl is iMentlad tc ba used as a relerenca. carver cwrXy isnaresponsidefwany ina.0 " Map Date contai»d herein. 9/7/2011 r 20 rMR ..ra.--v . $_ Carver County, MN ( -lip, - ---- — -- a ; rOr . N , ;. nw �. J a � �� 'b. o •a �,. Property Information Parcel ID: 251601410 AS400 Acres- Taxpayer Name: TRICIA L NOWLING Homestead: N Taxpayer Address: 6271 BLUE JAY CIR School District: 0276 Taxpayer City St. Zip: EXCELSIOR, MN 55331-9008 Watershed District: WS 064 RILEY PURG BLUFF CREEK Property Address: log a9 Yl4fhF D"'V� Tax Exempt: N Property City: CHANHASSEN Platname: CARVER BEACH GIS Acres: 0.2 Gisdaimer This map wasaeated using Career Counys Geographic Map Seale N Informabon systems (GIS), it is a compilation of Information and data from various Cey,County, State, and Federal offloss. This map is not a 1 inch = 115 feet surveyed or legally reco ded map and is intended to be used as a W E reference. Cad einCarver county is not respoosidefor any Inaccurades contzher. Map Date 9/6/2011 S SCANNED ;r�BVIIR COSY Ric,44)RDTE /mIGISTRAR OF TMES DO CININT COVER PAGE , k O�D ZZ No dttinquant taxes and 9ansfer entered; Certifcate of Real EstaleValue )'Filad ( PM31 Required GRV #� 20 lU or County Auditor 9ZA' Deputy DATE: WES: N SrANNEJ) This Document Was Prepared bv: I This Space Reserved for Recording Purposes Ke�`1n n 16"So (Goa4,ng K\ 7ve] i S �r lti\a 5Si3`� ''I — After Recording Please Return to: WARRANTY WARRANTY DEED davof 55331 by ao r e itv (sa;T % of _ (-grantor-), and (-grantee-), whose THE GRANTOR, forand in consideration ofhe sum of �C n DOLLARS (s , L\ �i ). the recetptand tif5cumc, ofwhich a hereby admowledged and received, ad for other good and valuable consideration, does hereby gam, bargain, sell and uato the convey grantee his/her m heirs and assign, the following described premises located in the County of QrJeor , State of described n follows(enter i ldesc g): Leif Q\ie wsar c� e;gqlti}�h�nc�re n�nei�-r�ne��899�4-k v i,�re1� v nd ninehuna� one Uqm Le�S Qn �� Sd�d Mneh mdrea rteen F1 [Y'J� O1r 67. K, h„'t ��e��c�et.nyi4� A so krmrve as street and number Tax PWIWI IDi a 5J 60W 6 4E�1TN we: %1-12� TO HAVE AND TO HOLD the mid premises, with is appntemnom unto the said Grantee bislher heirs and assign forever. Grantors cowman with the Grantee that the Gramm are now wind in fee simple absolute of said Premises: that the Grantors have full power to convey same, that the same is free frorn all a uumb ences excepting those set forth above: that the Gramee shalt enjoy the same without any lawful disturbance; thin the Gramm wil I, on demand, execute and del iverat the Grantee, at the expense of the GramoM any father assurance of the same that may be reasonably required, and, with the exceptions set forth above, that the Grantors warrant to the Grantee and Will defend for limber all the said ptemam agaimt nay peron lawfully claiming all or any incest in sane subject to red Property taxer accrued by not yet due and payable and any, other covenants, conditions, easements, rights of way,la restrictiomo[! !d..1.� .1.� \ .L1 1 I,F.�11er CEs the + hpt t h2 �e��e dCeS (At Yea os qnU IN WITNESS WHEREOF, the has red this deed on the dale set Innis J J Grantor Grantor // S IlDBud F/ llff/J/ Tax of 3 G Witness rF (tegaitedl " 'o-w- Witntess(tfeegmred) - - lyth' j STATE OF I rhM zl ) ++`` Gawp C.'Our y Audilu COUNTY t�f�ltg�us) ss: The foregoing inmantenn was acko nwledged before me, ci�Dy i _ a pppry -) pobl�ioandforthestmeof by on the_ day o' r, 20 fi (t We iL, ire �yi.'�earrs.<j Witness my had and Official s `r�\-r� �Y�S rVll'ufl1C11T SlWitnessas Sanl,— 'iro \eTLrA•tw�}, J 1r�tny(�'r ArfaMMOMCAMM810 `Us-1•\VUrU U��1 �U�4y NOTARY PUBLx . J Ex�e\S ow s J33` My cPmm =an expire ,ice.\AO (NOTARY SEAL] SCANNED NOWLING VARIANCE -PLANNING CASE 2011-10 $200.00 Variance $200.00 Notification Sign $50.00 Recording Escrow $450.00 TOTAL $450.00 Less Check #2006 from Tricia L. Nowling $0.00 BALANCE SCAN'!ED Terry Jeffery September 26, 2011 Page 2 We would like to get the surveyed low building elevation of the property to the south at 6839 — Yuma Drive. The low building elevation is necessary to making a recommendation for the top of the berm along the south property boundary. If you have any question concerning our review of the 6829-Yuma Drive development plan feel free to give me a call at 763-287-7182. K:'01699-36 W��uioVMaMff MO pl(ma 093611.�bc - zoo —.. 6829 • puma Drix a YS8 P,oj. No. 1694-36 3eteo Sept 26. rot zme Averxt sow s.k µnew. MN 55416 = �,N,o��n Drainage.Arca.Nlap Figure r M Chanhassen, Minnesota Proposal -to vacate the North end of Ringo Drive Robert John Moore 6839 Yuma Drive _ I Agree #251601420 _ I Disagree Signature Date Marie A Lamere 6859 Yuma Drive I Agree #251601430 _ 1 Disagree V Sign Dale Bruce & Charlene Burrington 6869 Yuma Drive _ I Agree #251601440, 251601390 _ I Disagree Signature Date Wyatt & Teja Crane i Ponderosa Drive #25 - I Agree #251601400 (Disagree I Signal Date Wesley Walter Westermann 710 Ponderosa Drive I Agree /J #251601540 _ 1 Disagree �A �f td Sianaturm / Date Richard Rossing, Margaret Rossing 739 Carver Beach Rd. I Agree #251601490 _ 1 Disagree Geralyn J Hayden 749 Carver Beach Rd. _ I Agree #251601530 _ IDisagree Kirsten Anne Pauly 751 Carver Beach Rd. _ I Agree #251601520, 251601510, _ I Disagree 251601470 Mike Buenting, Shannon Waggoner 6800 Ringo Drive _ I Agree #251601460 _ I Disagree Signature Signature Date Signature Date Signature Date Bruce & Sue Koehnen XXXX Yuma Drive I Agree #251601410 _ 1 Disagree Signature Date Verbal responses from landowners that did not give agreement signatures: Kirsten Anne Pauly 715 Carver Beach Road #251601520, 251601510, 251601470: Was supportive of us building on the existing lot. Said she would be agreeable to vacating the road if the city could make a turn around for emergency vehicles, without giving up any of her property. She was also concerned about getting city sewer and water to her buildable lot(s) on Ringo Drive. She was also under the impression that cul-de-sacs could not be longer than 300fL Robert John Moore 6839 Yuma Drive #251601420: Said he would be in agreement if the city were to vacate the whole road. Was concerned with the ability of emergency vehicles to access 6800 Ringo Dr. Also concerned with the ability for city plows to turn around. Geralyn J Hayden 749 Carver Beach Road #251601530: "Why would anyone agree to that? Why would anyone want to live on a street that's not a through street? It may be beneficial to you, but no, sorry but no." Bruce Burrington 6869 Yuma Drive #251601440, 251601390: It blocks off the road, it limits access, it does not seem right. Does not want to sign yes or no. Mike Buenting and Shannon Waggoner 6800 Ringo Drive #251601460: Tried multiple times to obtain an opinion on vacating the road. We spoke with Shannon two times, never spoke with Mike. Never got a formal response, but Shannon thought building a home on our lot would improve the neighborhood. SCANNED CERTIFICATE OF SURVEY FOR: PETER & TRICIA NOWLING LEGAL DESCRIPTION. Lots 49-1901, 1913 & 1914, CARVER BEACH 'bituminous roadways wolor/Pp� 0 �g98 yn CREE DPME i 00i g9 k 1 1tyg6 EASE •\ / Y7srd `� 97.28i i g IaD.J+ y995' (eep) l 996.61 i r - 0M G / i i of 99q 9x r 3 it 4 'o x f d l 995. (90) �9 x I v4 . ` s4.V tbc4 - i • \ fie' 99 65 �. 3 (eRP)\�l`` g92�"-•l�r \ . � x 1 x \ g 99a} Benchmark: Westerly invert of the 12' steel this + culvert shown on survey. fXiS1il19 ` `r EXISTING HARDCOVER has an assumed elevation of 992.5 feet Proposed garage floor elev.- 995.0 i 6„afkv IM Sa.rt Proposed top of foundation elev.- 993 �, ' Coe Weft a VA* 469 SaFl. Proposed lowest floor elev.- 990 `, `, 11 T.W,b„d. =4 Sqn 4936 SarL o Denotes Iron monument ` x of Isxdcover - 26 s • Denotes found monument \ x 000.0 Denotes existing elev. SITE ADDRESS: (000.0) Denotes proposed elev. (e&p) Denotes existing dr proposed elev. UNASSIGNED --� Denotes surface drainage C: �CP,DRAW\ 1J931.DWG DEMARS-GABRIEL I hereby ce i that this survey, plan or report was prepared by me or under File No. LAND SURVEYORS, INC. my direct su ision and that I am a duly Registered Land Surveyor under the 13931 6875 WASHINGTON AVE. SO. Laws of the t to of Minnesota. Book -Page SUITE 209 As surveyed by me this 24th day Au ust, 2011. Edina, MN 55439 984.1r ._ Scale Phone.(952) 767-0487 1M'� y102GL Fax: (952) 767-0490 David E. Crook Minn. Reg. No. 22414 1 "=20, WSB d A, Engineering n Planning • Environmental . Construction Memorandum To: Terry Jeffery, Citv of Chanhassen From: Todd Hubmer, PE Date: September 26, 2011 Re: 6829 Yuma Avenue Preliminary Analysis WSB Project No.1694-36 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 We have completed an analysis of the drainage patterns and proposed development plan for the property at 6829 -Yuma Avenue in the City of Chanhassen. The results of our analysis are: • The property receives stormwater runoff from 0.82 acres from the northeast from the 12" CM culvert under Ringo Drive. The proposed home adds an additional 0.18 acres draining to the east for a total of 1.05 acres draining to the south property line (see attached watershed map). The total drainage area to the southwest comer of the property is 1.17 acres. • The 100-year 24 hour event culvert discharge is 3.2cfs at the Ringo Drive Culvert. The 100-year 24-hour event flow in the Swale along the south property line is anticipated to be 3.9 cfs with a velocity of 2.9 fps. The depth of flow in a Swale with a 4' bottom and 1:4 side slopes is 0.23' using the elevation shown on the certificate of survey. • The 100-year 24-hour total runoff volume to the south Swale is 0.228 acre-feet (9962 cuft). • It is recommended that the overflow elevation of the driveway (989.0 +/-) at 6839 Yuma Drive be used to establish the top of berm on the south side of the site. One issue of concern is build up of snow on the east side of Yuma Drive at the overflow in southeast comer of the property near the driveway. This may not allow the runoff to discharge over the curb to the south in the spring snowmelt event. It is assumed that the property to the south (6839-Yuma) may also place snow from the driveway in the overflow route. It is recommended that the property owners be advised that obstruction of the overland flow route should be avoided. Minneapolis. St. Cloud Equal Opportunity Employer K'01691-]EP.1�mY.R+W F:MU ylrme OAI61 I dx S CERTIFICATE OF SURVEY FOR: PETER & TRICIA NOWLING LEGAL DESCRIPTION: Lots 109-1901, 1913 & 1914, CARVER BEACH bituminous roadway; ealer. CREE DPIVE — — "ID'g9�h gjl ; I \. ee cw\ "rg96 .,ogded 996 k \ (esp) i � 60 ' P 6. r oMlyd� \ ' i 996 5 , �,9g6eBP) Benchmark: Westerly Invert o/ the 12' steel culvert shown on this survey.�, Existing EXISTING HARDCOVER has on assumed elevation of 992.5 /eel Proposed garage floor ar elev,- 995.0 . `� tWadiv 1765 Sq.Ft. Proposed top of foundation elev.— 993 `\` ', Cone w a Dx 469 Sq.R Proposed lowest floor elev.- 990 ` ,`1 lets Ho dco s =4 Sq.ft ,1 Lot Area &9J6 Sq.FL O Denotes iron monument i of Hankmor — 25 % • Denotes found monument 0000 D t F I x eno es ex ls mg a ev. 1` SITE ADDRESS: (000.0) Denotes proposed elev. (e&p) Denotes existing & proposed elev. UNASSIGNED --� Denotes surface drainage C. t, EP�aFAW) IJ9J LaWC DEMARS—GADRIEL 1 hereby ce i that this survey. pion or report was prepared by me or under File No. LAND SURVEYORS, INC. my direct su ision and that I am a duty Registered Land Surveyor under the 13931 6875 WASMNGTON AVE S0. Lows of the t to of Minnesota. Book -Page SLATE 209 As surveyed by me this 24thVday(/AuuQ/\ustt,, 2011. Edina, MN 55439 9t{4 t "'I L 4 Phone:(952) 767-0487 9��}y16,a (� Scale Fax: (952) 767-0490 David E. Crook Minn. Reg. No. 22414 1"=20 II-10 Chanhassen City Council —November 14, 2011 opt out's. Myself and some of the other council members on, that represent the opt out's. We'll be working together just to get, disseminate some of the information and to work together to get some of that together so yes, we are doing something on that. We are not just sitting there on our hands. Councilman McDonald: Well I would certainly invite you to come to one of the board meetings, especially for Southwest Transit and talk to the board members and get the perspective from that viewpoint as to you know where we're at as far as transit and what the Met Council could do to help. Gary Van Eyll: Yes, I have gone to a couple of their board meetings and heard their perspective, let's put it that way. Councilman McDonald: Okay, thank you. Gary Van Eyll: You're welcome. Mayor Furlong: Thank you. Gary Van Eyll: You're very welcome. I do have some cards here. I'll pass them down to Councilmember McDonald, if he could pass them out there. My number's on there. If you have anything, give me a call. Thank you very much. Mayor Furlong: Thank you very much. Is there anyone else that would like to address the council under visitor presentations this evening? If not then we'll move on to items on our agenda this evening. _NOWLING VARIANCE APPEAL: REQUEST FOR A VARIANCE TO CONSTRUCT A SINGLE FAMILY HOME, 6829 YUMA DRIVE, APPLICANT: PETER & TRICIA NOWLING. Mayor Furlong: This was actually, was at the Planning Commission and as I understand it was approved but it has been appealed. The approval has been appealed to the City Council. What I'd like to do this evening is start with a staff report to give the council background and then invite the individual that is appealing the Planning Commission's decision to come forward and address the council on matters of concern and then to the extent that the applicants, the Nowling's are here, they may want to present or staff may have some, be able to answer some questions, if that makes sense to everybody. So Ms. Aanenson, let's start with the staff report please. Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated this is a request by the applicant for variances to allow the construction of a single family home on a non -conforming lot. This is a lot of record which is zoned residential single family. A traditional single family residential lot is 15,000 square feet. This lot is 8,936 feet but it is a lot of record and it does have, can apply for reasonable use of the property. This item did appear before the Planning Commission for a public hearing on October 18th, as you indicated. I think there was some confusion. The Chairman did introduce the item. Asked for a public hearing. I think there was some confusion of when someone was supposed to get up, but the Planning Commission did vote 6 to 0 to approve the variance request. So I think the neighbors felt that they weren't able to be heard, therefore the process is to appeal the request which they did in a timely manner and that is why this item is before you tonight. To appeal the decision. Anybody aggrieved of a decision. So with that, again the request is for the side yard variance, a rear yard. Let's see. I'm sorry. The request is for a 18 foot setback on Yuma. It's a three cornered lot, which also is a little bit different. A proposed setback of 9 feet off of Ringo and then from the southern property line, a drainage swale and easement from the back which does meet the setback so it's on the Yuma Drive and the Ringo Drive that it needs the setback variances. So again Carver Beach has a lot of different lot configuration because the lots that were created a number of years ago were very small. So they were Chanhassen City Council —November 14, 2011 some with a lot of different matter so while the standard lot created today would be 15,000 square feet, back in 1927 when a lot of these lots were created there's just a minutia of all different types of lots. So this lot was assembled with about 5 different lots added to it to create the lot of record that it is today. The 8,936 square feet. In looking at the subdivision when, or excuse me for the variance when this came in it was noted that there's drainage on the lot. When the applicants, the Nowling's first came in it was believed that they only needed a variance on one street side and so in looking at that and actually doing a site visit, it was determined that there's a drainage swale on the back of the lot and you can see the pictures here. Existing drainage swale. Therefore the lot had to be pushed forward more and because it had to be pushed forward more from this original plan, I'm going to go back to this slide. You can see the drainage swale then in here. It required additional variance. And that was through no fault of their own of the drainage swale being on the site. So with that, going through that with the Planning Commission, so you can see the original proposal showing the drainage. So this would have been the only variance requested. Considering it was a small lot, they met the standards of the minimum home size. It only needed the one variance on the three cornered lot. Because there's three corners, each would need the 30 foot setback. Now we measure these also from the eaves. We don't take them from the foundation so any overhang would also be included in the required setback, but because of the drainage swale the engineering department wanted the house pushed forward so it required that additional drainage. Excuse me, additional setback variance. So with that, and the ability for the applicant to put additional berming there to control the runoff would be what the condition that was added through the staff that the Planning Commission concurred with. Staff felt that this was a reasonable request based on the lot of record of that size and a reasonable sized home on that lot. So a condition was that the drainage, there'd be 3 feet of separation. So the applicant did work to revise their plans and based on the original proposal to meet that. The 3 foot separation and constructing a berm on the south of the property to protect the neighboring property, and then also provided drainage easement over that property so they've agreed to all those conditions. So with that, the Planning Commission did recommend approval of the variances subject to the conditions in the staff report and they did approve that. So with that, because it's being appealed, we'd also recommend that the City Council concur with those recommendations. Mayor Furlong: Alright, thank you. Any questions for staff at this time? Mr. McDonald. Councilman McDonald: Yes, I've got a question. Within that neighborhood are there problems with setbacks of houses? Have we given variances to other properties there? Kate Aanenson: Yes. Throughout Carver Beach, yes. There's been a number of variances throughout Carver Beach. Councilman McDonald: Okay. Todd Gerhardt: Mayor, council just to kind of add to that. Carver Beach is one of our older neighborhoods and I think Kate showed the photo of the smaller lots and Roger will tell you that once you have a lot of record, you have to work with that property owner to make it buildable and in some cases you're limited in what you can do and you have to grant a variance. 1 know we've worked with the property owner on this one from a variety of different ways to try to get them to comply with all the setbacks but you still have to have a structure that is livable and has some marketability to it so this is the best that we could come up with. Mayor Furlong: Okay. Alright, any other questions at this time? Councilwoman Ernst, did you have questions? Chanhassen City Council — November 14, 2011 Councilwoman Ernst: Kate, when we're talking about the separation of 3 feet, for the water drainage, how, so how far up to the property line does that, is it 3 feet that it has to come up to the property line? How do we make sure that it doesn't exceed the 3 feet? Kate Aanenson: Well it's a standard condition we have in our, our ordinance says it's the lowest living area has to be a 3 foot separation. That would be between a wetland or a lake or. Councilman Laufenburger: Is it a vertical separation? Mayor Furlong: It's a vertical separation. Are you asking about horizontal to the property line? Councilwoman Ernst: I'm talking about the drain path that comes down next to the property line. SO I'm assuming that that's what we're talking about here, right? Todd Gerhardt: No. Councilwoman Ernst: No. Kate Aanenson: No. Councilwoman Ernst: Okay, so what is that one then? Is that 2 feet or is it 3 feet? Where the drainage path comes close to the property. Kate Aanenson: 1 can ask the City Engineer but it looks like it's approximately 10 feet would be the separation from the rear of the house to where the drainage swale would be. Mayor Furlong: Are you asking to the property line? Councilwoman Ernst: Yeah. Kate Aanenson: Oh. Mayor Furlong: 1 mean doesn't a drainage easement goes to the property line generally doesn't it? Kate Aanenson: Yeah. This is the house setback here. This was originally 10 feet. The house shown on here, the only variance would have been off of the Ringo setback so this met it. This is 10 feet so it's probably 3 times so it's probably 30 feet now from the rear of the property line. Is that your question? Councilwoman Ernst: Not from the rear of the property line but where it parallels the property line. Mayor Furlong: You're talking about the drainage path. She's asking about the drainage path. What would be the drainage easement on the south property line? How close will the drainage easement go to the south property line? Councilwoman Ernst: Right. Mayor Furlong: 1 think it goes to the property line, doesn't it? Kate Aanenson: Yeah, it's pretty much in the same place it is today. Which would be on that aerial, this is the neighboring property to the south and then this is in a ways. The current culvert. You can't see the Chanhassen City Council —November 14, 2011 property line on this picture. This is the culvert. This is the neighboring property line so it's in this area over here so. Mayor Furlong: Can you point out the culvert on the picture on the right? Yeah, I see the one on the left. Is it right there on the left side of the picture on the right? Kate Aanenson: It's hard to see with the trees. Councilwoman Ernst: It looks like it's right here. Kate Aanenson: I think it might be easier just to kind of go to maybe in this area here where it's coming through. Councilman Laufenburger: Who's recommendation was it that the proposed building footprint be moved to the north? Kate Aanenson: The city engineering department Councilman Laufenburger: And for what reason? Paul Oehme: Mr. Mayor, City Council members. The proposed building shift is to accommodate the proposed future drainage along the south side of the new structure. The drainage pattern more or less follows it's current location of the proposed drainage route. We wanted to try to maintain that as best as we can. We've looked at other options. Sheet draining the water down Ringo Drive. Bring the water up to the north and down Yuma. We looked at several different options and nothing seemed to work except for leaving the drainage consistent where it is today and trying to shift the structure north to create some separation between that drainage and the new structure. Councilman Laufenburger: So if I read this correctly the elevation at the beginning of the drain along Ringo Drive is 992.5 and the elevation where it exits the property on the southwest corner by Yuma is approximately 987. So you've got 5 feet of drainage there and you didn't want a house getting in the way of whatever water might. Kate Aanenson: That's correct Councilman Laufenburger: Is that really what you're doing? Paul Oehme: Try to separate that. Councilman Laufenburger: So you're taking the house out of the river. Paul Oehme: Correct. Councilwoman Ernst: Excuse me, but if I could go back to my question that I'm still not clear on how far that comes up to the property line. The drainage path. Paul Oehme: The drainage path? Well if you look at the south, the proposed house where it's currently proposed, it's approximately 28 feet from the south property line there. The drainage path is roughly right in the middle of that so you know 14 feet. Mayor Furlong: To the. 10 Chanhassen City Council —November 14, 2011 Paul Oehme: From the proposed house to the drainage Swale. Councilwoman Ernst: Right. Paul Oehme: It's about 14 feet from that south property. Mayor Furlong: Does it follow the red arrows on this picture? Kate Aanenson: Yes. Paul Oehme: Correct, yes. Just follow the red arrows. Councilwoman Ernst: So next to the property line that's next to this development is how many feet from that drainage? Paul Oehme: Yep, from the property line to where the swale's proposed is about 14 feet. Councilwoman Ernst: Yeah, I can't see the footage though on how. Kate Aanenson: Let me just back up. Currently this is how the property is draining. So nothing's changing on that. Mayor Furlong: What are, what views? What's the direction we're looking at with those views? Kate Aanenson: So this is the current, this is the current culvert right now. It's not being moved. This is how the water runs right now. It runs in the same place. Until we went out and physically observed it, we walk every variance. Go out and observe it. Then we say well the house has to be moved out of that drainage swale so the drainage Swale is still in the same location. The house is now being pushed forward out of, so an additional variance to push it, to create the separation between the current drainage. Councilwoman Ernst: Okay so 1 was out and looked at the property as well so where that property, so where that drainage is today is where it's going to stay, right? That drainage path. Paul Oehme: Approximately. Kate Aanenson: Approximately. Paul Oehme: The drainage pattern approximately is going to stay in it's current location. Councilwoman Ernst: And how do we make sure that that doesn't change? Paul Oehme: We've tried to put in as many safeguards into the design as we can. The biggest improvement that we're proposing under this design is to create a berm on that south property line. Under the new proposal it's about 3 to 4 feet higher than the structure to the south there so channelizing that water away from that structure. Creating a berm there to make sure the water moves as quickly and efficiently to the east, or to the west as possible and not impacting the, that south property. Kate Aanenson: And if 1 may, there's one other safeguard. With every building permit, then before they get the occupancy they would also have to submit the as -built survey and that's something that engineering would review so they have to shoot the grades and demonstrate that they've met the Chanhassen City Council —November 14, 2011 requirements of that and so that is, they've put security down for that to make sure that they design and finish it as per plan. Councilwoman Ernst: Okay. Kate Aanenson: So that is a requirement too. Test that check. Councilwoman Ernst: Thank you. Another question I have is the setback. So when we're talking about these small setbacks like this from 30 feet to 12 feet. I actually, I saw in here that they're considering Ringo Drive to not be a public road. But when I was out observing this site I noticed there were multiple cars that were using that road as a public road. So I'm just curious is there, why is not considered a public road? Kate Aanenson: The setbacks are being measured back from a public street. It's not an improved street SO. Mayor Furlong: I thought I saw in the staff report, is it public right-of-way? Kate Aanenson: It's public right-of-way but it's not an improved street. People are using it as a private, kind of you know access but it's not an improved public street. It is a public, it is a right-of-way. Todd Gerhardt: Mayor, council we've talked about gating it off and the neighborhood has used it as an access route in the past. It's not improved. It's city right-of-way. We monitor it so nobody stores or makes improvements into the right-of-way and, but I'm not surprised if you saw people using it. They kind of use it as a rear access, an alley and most of the homes have been designed and laid out as if it was a public street so, that's how we used it. We have no plans in the near future to upgrade it but there's also no desire to see it being vacated either. Councilwoman Ernst: Does that mean that the residents that have Ringo Drive as an address then, that their address would change if that's ever gated off? Todd Gerhardt: No. Councilwoman Ernst: Just because the road is there and not being used doesn't mean it can't have an address with that I assume. Todd Gerhardt: We have no plans of gating it. Councilwoman Ernst: Okay. Todd Gerhardt: People have requested that it be gated Councilwoman Ernst: With this setback then and we talk about this part of Chanhassen being an area where we have concerns for water runoff, with this kind of a setback it concerns me that we're opening it out for more of that to happen because this lot is fairly close to the lake and so I guess I've just never seen one come through where we're asking for that much of a variance. Kate Aanenson: Well actually the only variance they're asking, but for the fact that there was a drainage swale there, they only needed the one but because we asked them to move the house forward, based on the fact that they met our standards for a 2 car garage and met our minimum lot size, the only other 12 Chanhassen City Council —November 14, 2011 variance they needed was the front yard. Excuse me, the setback on the two side streets. Otherwise they would have only needed the one so. Todd Gerhardt: Mayor, council, another point of reference on this that you should be aware of is that there is not a drainage easement over this lot so right now the water is draining across a private individual's lot and you know with this variance and development we're making the situation much better by directing the water off of the existing home and following a swale between the existing home and the new home. But right now that property owner, you know I don't want to give him any advice. Councilwoman Ernst: Okay. Mayor Furlong: Any other questions? Councilwoman Ernst: No. Councilman Laufenburger: Just one. The picture of the culvert, can you go to that? Okay, on the left. Now can you go back one slide and show us where is that culvert located right now. Kate Aanenson: It's right here. Councilman Laufenburger: Okay. Kate Aanenson: This is the culvert coming through. Councilman Laufenburger: Okay, go back to the picture then. In this picture on the right, is that the southerly property line? Kate Aanenson: That would be the. Mayor Furlong: Which direction are we looking on that picture on the right? Kate Aanenson: Isn't that on the east side. Councilman Laufenburger: So the picture is taking in a northwesterly direction, is that correct? Kate Aanenson: Correct. Right, yeah. Mayor Furlong: Along Ringo? Kate Aanenson: Well we'd be facing Ringo because it's coming off... Mayor Furlong: I'm talking the picture on the, Ringo would be behind the bushes. On the right side, the picture on the right. Todd Gerhardt: The person taking the picture is from Yuma. Councilwoman Ernst: Right. Todd Gerhardt: And looking up the property line to Ringo. Councilman Laufenburger: In a east, northeast direction. 13 Chanhassen City Council —November 14, 2011 Todd Gerhardt: Yes. You can see the existing home to the right. If you click back Kate, there's the existing home with the trailer so it's draining and heading east. Councilman Laufenburger: So Ringo is, in that picture on the right, Ringo is off in the distance. Todd Gerhardt: Yeah, behind those two trees behind the trailer. Councilman Laufenburger: Okay, got it. Mayor Furlong: Any other questions for staff? At this time. Okay. I'm sorry, did you have one? Councilman Laufenburger: I'm just having a hard time picturing that culvert is Ringo because Councilwoman Ernst says that Ringo is a drive, then there's public use on there and on top of that culvert there's trees. Councilwoman Ernst: Well it's actually not on top of it. It's like behind it. Kate Aanenson: So here's the lot as it sits. So this is what we're talking about coming through. Todd Gerhardt: The culvert is underneath the dirt and then it outlets onto the lot. Councilman Laufenburger: Okay, well. Kate Aanenson: So you can see here this is a 40 foot right-of-way unimproved. Councilman Laufenburger: Yep. Yep. Mayor Furlong: Okay. Mr. Bob Moore was the gentleman that filed the appeal if I'm correct with that. Is he here or his representative like to address the council? Good evening. Bob Moore: Good evening. I'm Bob Moore at 6839 Yuma Drive. Mayor Furlong: Okay. Thank you. Bob Moore: That's right? Mayor Furlong: Well. Bob Moore: Well you said you have to address, what you have to say who you are... Mayor Furlong: Yes, and thank you for name and address. Perfect. Thank you. Bob Moore: Well you answered a lot of the questions and, but if you look at the picture where you see the drainage way and you see the trailer. Mayor Furlong: Let's go to that if we can Ms. Aanenson. Bob Moore: I will explain that to you real quick. See the drainage way there where the water comes out. Mayor Furlong: You're on the left picture? 14 Chanhassen City Council —November 14, 2011 Bob Moore: The property line is to the right about 8-10 feet. Somewhere in there. 1 don't have the exact measurement. So that's my property line. That's my trailer. To the south of that which would be to your right about 8-10 feet. Mayor Furlong: Okay. Bob Moore: And it goes up and then it angles over to that culvert. Where it goes up and sort of stops and then it angles over to the culvert and the culvert comes through, there's some trees and directly on the side of the trees is where the road is. Mayor Furlong: Okay. Bob Moore: Where those trees are so that comes about 3 feet or so in from the road. I'm guessing about where the road ends. Mayor Furlong: Okay. Good. Okay, good. Bob Moore: If that helps you out a little bit on that part. Mayor Furlong: That does. I guess I'd be interested, and I'm sure the council would be too, in terms of the basis for your appeal of the Planning Commission's decision. If you'd like to address the council on those factors now as well. Bob Moore: Yeah. The question I have is, is when is it, when you request a variance, when is it too close to build a house to the road because that is like a city street because you plow it and maintain it and I've always thought it was a city street. And they say it's not sort of a city street. I sort of don't know what it is. What is in a city street and when I take a Zook and says you want to put a house 9 feet from a street, the front of the house from one street is very small. The other street there, the other side is only, you're talking 9 foot variance and the one 18 feet from the front. The house is right next to the road in the front. Very little front yard. Very little back yard and the south side where the drainage is, it says in the thing here that the City's going to, said they had to have, have to give a 15 foot, what's the word? I've got it written, kind of highlighted here. Easement. Mayor Furlong: Easement. Drainage easement, yep. Bob Moore: To maintain that waterway so basically from my property line, 15 feet north, that nothing could be ever put into there. That makes even the lot even smaller. You really don't have any yard to speak of, and I question 9 feet from the city street. That's pretty close for a house. Now I have no problems, you know the front variance is 18 feet. That's closer, other houses in the neighborhood they're closer to the roads but when you start talking 9 feet, you know what is the City Council's policy on or feeling on that? Do you feel that this area is exempt from all the rules? I mean there are parts of the city you don't give variance to. You don't let them build within that feet. My neighbor across the street wanted to build a deck and wanted to encroach just a little bit into the 30 feet in the front and he says zero inches. You can't encroach so he had to angle the deck. So that was what my big question and the water drainage you've been discussing. Mayor Furlong: Okay 15 Chanhassen City Council —November 14, 2011 Bob Moore: So there's not much more and I'm very concerned about the water being, you know right now I don't have any water problems. Never have. I have a sump pool in my house and over 30 plus years we've never had a drop of water. Mayor Furlong: Okay. Bob Moore: So I'm concerned about the water, that they're plus on the side of my garage there if it does drain into that drainage ditch from the side of the garage and that little back area comes down. Mayor Furlong: It goes north to the drainage ditch? Bob Moore: Yep. Yep. That whole area there does drain. Now you're going to put a berm there, you know how you going to berm and put the water through? Mayor Furlong: Okay. Bob Moore: So I'm very concerned about that. Mayor Furlong: Okay. I guess let's get one of those questions at a time here. Kate Aanenson: Sure. The measurement, while it's 9 feet from the property line, from the edge of the bituminous you add another 12 feet so that's where this additional property would come in so that's the current, and like I said there's no intention right now to improve that street beyond what it is. When I say improve, make it wider, bigger than what it is right now so. So in effect it's 9-10 feet from the, excuse me. Go to this one. 1 1 feet here. I I feet but you're actually. Mayor Furlong: That's from the property line but the property line doesn't go all the way up to the. Kate Aanenson: Yeah that is the property line but then you go all the way up to the edge of the improvements so you add another 12-14 feet til you get to the pavement where it's actually being plowed, so it's not that close to the plowed area, just to be clear. Mayor Furlong: Right. Kate Aanenson: And again as the City Manager mentioned, the water is currently being directed across this property. Private property so our intent now is to get an easement. Anybody that has an easement on their property uses it towards their green space or they have the right to use that property. While the City may have utilities under that easement, whether it's sewer, water, telephone, cable, they have a right to, that's still part of their green space. Part of their property so that adds to their green space over their managing some of that water part of it. So the goal here was to get an actual easement for that. Control it. Redirect it, and where it's going, manage that in a more controlled path and looking at where the current pavement width is. Again working with again a reasonable sized home on that lot. Mayor Furlong: Okay. Does that make sense Mr. Moore with regard to the setback. It's to the property line, not necessarily to the pavement where cars are currently driving and it's being plowed. So it adds an additional you said, what was that distance? Kate Aanenson: About another 12 feet. Mayor Furlong: 12 feet, okay. 16 Chanhassen City Council — November 14, 2011 Kate Aanenson: To the actual pavement width. Mayor Furlong: Alright. Bob Moore: Is the front the same way? Kate Aanenson: Yeah because this is the edge of the property line. Then when you actually look at where the, you can see on the survey here it says the edge of the pavement is further away. So it adds another 12 feet. Bob Moore: Okay. Mayor Furlong: So as with many streets, the right-of-way is wider than where the current pavement and where the plowed area is. Kate Aanenson: Correct. Correct. Bob Moore: And that would be in the front the same way? Kate Aanenson: Well it is on Ringo. On the front you meet the setbacks on Cree. Bob Moore: But I mean on Yuma it's the same way. Kate Aanenson: Yes, actually the roadway is here, right. So the setback to the street is 20 feet and then you actually have another 10 feet or so before to actually, before you get to the pavement. Mayor Furlong: The physical street is narrower than the right-of-way. Kate Aanenson: Correct. Bob Moore: Okay Mayor Furlong: On all of those. And then with regard to the berm that's being requested Mr. Oehme, where's, if you could show us, where is that berm planned to be located? Paul Oehme: Yeah, so the drainage swale is coming through here with the red arrows again and the berm is planned for at this location right here so, and actually on this drawing the berm is. Kate Aanenson: It has been revised. Paul Oehme: It has been revised and it's actually extended out farther than it's shown right here so currently, or the proposal is for that berm to be about 3 1/2 higher than the existing grade at this location right here in front of the house so it's improving the drainage along the property line here and directing the water away from the property to the south and making sure it discharges onto Yuma before going on private property. Mayor Furlong: So what Mr. Moore is concerned about causing problems to the water now that flows north off his property into this area, is this, is the swale going to, or the berm going to restrict that or is it going or not? Paul Oehme: The water's not going to be restricted. It's going to actually 17 Chanhassen City Council —November 14, 2011 Mayor Furlong: The water flowing from the property to the south flowing north will be able to continue to do that as it does currently? Paul Oehme: Correct. Kate Aanenson: All the same path. Paul Oehme: Right, it will follow the same path. Actually the drainage swales will be wider... wider than it is currently today to warrant capacity as well so. Todd Gerhardt: Mayor. Kate Aanenson: Excuse me, this is the revised plan. It's a little harder to read but this is showing the corrected berth. It's one of the conditions that the Planning Commission asked for. Todd Gerhardt: I think Mr. Moore's question was about his drainage also. Will his drainage go into that existing ditch so his won't be altered. So his would naturally drain the way it is today then? Paul Oehme: Correct, and the water would not go, flow to the north. It will still flow to I believe the, to the west. Todd Gerhardt: To Yuma. Paul Oehme: To Yuma. Todd Gerhardt: So it would get down into that ditch. You don't plan on filling that ditch in as a part of this? Paul Oehme: No, not at this time. I think in 4 to 5 years we're looking at a street improvement project in this area and we're looking at maybe addressing some of those issues in this area but under this proposal we're not looking at addressing the drainage at this time. Mayor Furlong: Were those all your questions? Bob Moore: Yep. Mayor Furlong: Okay. Bob Moore: Thank you. Mayor Furlong: Alright, thank you. I'm sorry, Mr. Moore. You're satisfied with the answers to those questions as well? Bob Moore: Yeah, the best you can answer them. Mayor Furlong: Okay, alright. Very good. Bob Moore: And during construction and everything, someone will make sure that everything stays open? 18 Chanhassen City Council —November 14, 2011 Kate Aanenson: Yes. Yeah, there should be erosion control and the like and if there's not then someone should certainly feel free to call us. Mayor Furlong: And that would be part of the building permit process I assume with the variance request. Okay, alright. The public hearing was held at the Planning Commission but understanding now there was perhaps some misunderstanding. If there's anybody else that would like to provide public comment on this, I'd certainly welcome to the podium at this time. And assume the Nowling's may be here as well so if there's anything you feel you want to say, that's fine. Don't feel obligated. Good evening. Bruce Barrington: I'm Bruce Barrington, 6869 Yuma Mayor Furlong: Good evening. Bruce Barrington: I've been living in this area for about 35 years or so and I know the amount of water that you're talking, you're talking just from Cree and so on like that but there are properties that are farther up the road that drain in this same area and the roads that we have, Yuma Drive, gets dug out every year and I spoke to one of the maintenance guys from the City and he said they're going to put in a new road next year so they improve some of the road by patching and so on like that. Now by next spring those patches will be washed away so I'm just ... what he's saying. There's lot of water that has to come through there. And secondly I'm kind of wondering how many of the council members actually physically looked at this property to see what it looks like before it came to council, and that's about my only two questions. Councilwoman Ernst: I did. I live there. Mayor Furlong: Okay, thank you. Mr. Oehme, with regard to his question on street improvements Paul Oehme: Yeah, and again the staff and the City Council, the City's looking at making some improvements in this area, especially on Yuma Drive to address some of that drainage concerns and address some of the street condition concerns as well so, there is about an acre of area north of this property that does drain through that culvert. Staff has looked at the capacity of that culvert and the drainage swale that's being proposed and we feel that the, those improvements are adequate to handle the current and the future drainage through this area. You know where the water goes on Yuma, we're not looking at again making any changes at this time but in the future we are looking at trying to make the drainage patterns in this area better. Mayor Furlong: And with regard to his comments about the making some improvements, is that something we're continuing to patch and repair process until I think you mentioned 4 to 5 years there may be something, more improvements in this area. Paul Oehme: Yeah, right. I mean you know we're out patching the Carver Beach area roads on a yearly basis. The roads are to the condition where they pothole and there's a lot of defects and the roads really do need to be improved here. You know a lot of it can be contributed to the condition of the, and the age of the roadway system but some of it can be contributed also to the drainage system in this area as well so, you know in conjunction with that street improvement project we do definitely want to put in, you know look at putting in culverts or storm sewer systems and trying to treat the water a little better than it is currently handled at this time so. Mayor Furlong: Okay. And that water improvements will be part of the street project when that's put forth? 19 Chanhassen City Council —November 14, 2011 Paul Oehme: Yep, absolutely. Absolutely. Every time we go into a neighborhood and propose a street improvement project we always look at what the condition of the utilities are. What's the drainage issues that are in this area. Try to package a project together so we're out here once making those improvements. Mayor Furlong: Alright, thank you. Any other public comments this evening? No? Okay, thank you. Any other follow up questions for council? Any comments by council with regard to the proposal in front of us? Is our, we make a motion? Kate Aanenson: Yes you would, I'm sorry. I have actually. Mayor Furlong: Okay. The action to be taken, either approval of denial. Not necessarily. Kate Aanenson: Yeah, you're affirming. Mayor Furlong: Of the original application, just to be clear. Not the appeal but the original application. Kate Aanenson: Yeah, you're approving the Planning Commission's recommendation with the variance. Mayor Furlong: Approving or denying. Kate Aanenson: Yep. Mayor Furlong: But I mean it's of the original application is our motion. Councilwoman Ernst: Mayor I'm sorry, 1 do have one question. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Paul, when you were talking about this project, can you give me an idea like if say for example there's a real problem out there this coming spring, what, is there anything we can do temporarily to help that situation out there? Paul Oehme: Absolutely. I mean if we know that there is a drainage issue out here, say a clogged pipe or a drainage ditch that's filled in with sediment, we'd try to be as proactive as we can to address that situation before spring runoff. So there's, you know if there's anything that we can do to temporarily improve the situation, you know it'd be helpful to know that. Councilwoman Ernst: Okay, thank you. Mayor Furlong: Discussion, comments on the application. Or the proposed variance request. Mr. McDonald. Councilman McDonald: Well I guess you know I normally do not support variances but you know one of the things for variances, whether or not you can enjoy the property and I'd say without these accommodations, yeah it's going to be pretty hard to build a house on there. The one gentleman brought up the thing about the decks. Well decks are not necessary. A house is. That's probably one of the reasons why a deck would get turned down. That doesn't stop you from enjoyment of your property. So I mean in this case, because of the unique circumstances and it sounds as though we've got the drainage under control, I'd be in favor of approving the variance in this particular case. RMI Chanhassen City Council —November 14, 2011 Mayor Furlong: Thank you. Any other comments? Discussion. My thoughts are similar. I think whenever we look at variance requests, and the issue came up you know what's reasonable. How far will you go? And I think in each case it's a facts and circumstances situation so therefore unfortunately the answer is it depends. It depends on the specific facts and circumstances around the area and what are the different effects. I know Councilwoman Ernst lives in the neighborhood. We've worked with a number of residents over the years to try to accommodate requests and to the extent that they're reasonable in terms of people constructing homes. Improving their property in the Carver Beach area and it's a wonderful part of our city. It's certainly one of those areas that has a lot of character and is an asset to the city but it also has it's challenges and when we looked at the old plat, that there were 6 or 7 individual lots that make up now a lot of under 9,000 square feet, there are challenges throughout. I think the key here is when we look at a variance there are standards we have to follow. Is it consistent and in harmony with the comprehensive plan? I think the answer is yes. The comprehensive plan has these areas for single family homes. That's what's being requested. Is there, are there practical difficulties with the lot to meet all the zoning requirements? I think the answer is clearly yes there. I think the best example there I saw was the triangle. The red triangle on the lot. To try to squeeze something in there clearly practical difficulties for a lot of this size, this shape and surrounded by three roads. Three right-of-ways. Public right-of-ways. Clearly there are some unique aspects to this property that aren't created by the owner. Aren't self created issues but they're practical aspects that need to be considered. And so then is it, is it a reasonable request to build a single family home? I think what I do appreciate is the property owner's willingness to work with the staff to try to improve the drainage in this area where we have those opportunities. As Councilwoman Ernst said, and others recognize in this neighborhood, when we have opportunities to make some improvements, we try to do that and the City's always tried to do that. I do appreciate Mr. Moore's concerns regarding how those changes may affect water flow across his property and I'm very glad to hear that there should be no change to the water flow across his property, or from his property to the existing drainage area, so it seems to me, and as Mr. McDonald said, that there are, this is a reasonable accommodation for all concerned and I think it's for the council should go ahead and approve the planning case with the variances subject to the Findings of Fact and conditions in the staff report. If there are no other comments, would somebody like to make a motion? Councilwoman Tjornhom: I'll make the motion. Mayor Furlong: Councilwoman Tjornhom, thank you. Councilwoman Tjomhom: I'd like to make a motion that the Chanhassen City Council approves the Planning Case #2011-10 for the construction of a single family home with variances subject to the conditions of the staff report and the adoption of the Findings of Fact and Decision. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I'll second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Hearing none we'll proceed with the vote. Councilwoman Tjornhom moved, Councilman McDonald seconded that the Chanhassen City Council approves Planning Case #2011-10 for the construction of a single family home with variances subject to the conditions of the staff report and the adoption of the Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everybody. We appreciate your participation. 21 3 CITY OF CHANHA33EN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone:952.2271100 Fax:952.227.1110 Building Inspections Phone:952.227.1180 Fax:952.227.1190 Engineering Phone:952.227.1160 Fax: 952.227.1170 Finance Phone:952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax:952.227,1110 Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone:952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax:952.227.1310 Senior Center Phone: 952.227.1125 Fax:952.227.1110 Web Site www.ci.chanhassen.mm us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angie Kairies, Planner I DATE: November 14, 2011 d�/,/ SUBJ: Nowling Setback Variance Planning Case #2011-10 PROPOSED MOTION: "The Chanhassen City Council approves Planning Case #2011-10 for the construction of a single-family home with variances, subject to the conditions of the staff report; and adoption of the Findings of Fact and Decision." Approval requires a majority of City Council present. EXECUTIVE SUMMARY The applicant is requesting the following variances for the construction of a single- family home on a non -conforming lot of record zoned Single -Family Residential District (RSF): • West front yard setback along Yuma: 12-foot variance (I8-footsetback) • East front yard setback along Ringo: 21-foot variance (9-foot setback) Planning Commission Update A public hearing was held at the October 18, 2011, Planning Commission meeting for this item. The Planning Commission voted 6 to 0 to approve the variance request. While no one spoke during the Public Hearing, staff heard after the meeting that the neighbors did not feel they had an opportunity to speak. Therefore, a neighbor is appealing the decision of the Planning Commission to the City Council. The City Council's decision requires a majority of members present. The Planning Commission did not find any objection to staff's recommendation for the variance request. Staff is recommending adding to condition 3b; clarifying that the applicant shall submit the easement description, as shown in bold in the staff report. The Planning Commission minutes for this variance request are included in item 1 a of the City Council Packet. Chanhassen is a Community for Life - Providing for Today and PlanninglorTomorrow SCANNED Todd Gerhardt Nowling Variance Request November 14, 2011 Page 2 Staff and the Planning Commission recommend the following motion: "The Chanhassen City Council approves Planning Case #2011-10 for the construction of a single-family home with variances, subject to the conditions of the staff report; and adoption of the Findings of Fact and Decision." ATTACHMENTS 1. Variance Appeal email from Bob Moore dated October 20, 2011. 2. Findings of Fact and Decision. 3. 60-day Development Review Deadline extension letter dated October 24, 2011. 4. Planning Commission Staff Report Dated October 18, 2011. glplan\2011 planning cases\I I-10 nowling variance-6829 yuma drive\I 1-14-I I executive summary.doc Kairies, Angie From: AI-Jaff, Sharmeen Sent: Friday, October 21, 2011 9:51 AM To: Aanenson, Kate; Kairies, Angie; Fauske, Alyson; Meuwissen, Kim; Jeffery, Terry Subject: FW: Appeal of variance for 6829 Yuma Drive Hi everyone, Not sure why this was sent to me. Maybe you all got it too. Sincerely Sharmeen AI-Jaff Senior Planner 9952-227-1134 From: Bob Moore rmailto:bmoore(a)iaxs.netl Sent: Thursday, October 20, 2011 8:15 PM To: AI-Jaff, Sharmeen Subject: Appeal of variance for 6829 Yuma Drive I would like to appeal to decision of the planning commission for the variance to construct a house at 6829 Yuma Drive to the city council. Bob Moore, 6839 Yuma Drive. Thank you. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Tricia and Peter Nowling for a 12-foot front yard setback from the west property line and a 21-foot front yard setback from the east property line for the construction of a single- family home on a non -conforming lot of record zoned Single -Family Residential (RSF) — Planning Case #2011-10. On October 18, 2011, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Board conducted a public hearing on the proposed variance preceded by published and mailed notice. On November 14, 2011, the Chanhassen City Council met at its regularly scheduled meeting to consider the application. The City Council conducted a hearing on the proposed variance due to an appeal of the Board of Adjustment and Appeals decision. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is Lots 1899-1901, 1913 & 1914, Carver Beach. 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction of a Single -Family home is in harmony with the general purpose and intent of this Chapter and is consistent with the comprehensive plan. The subject site is located within the Carver Beach subdivision, which was platted in 1927. Carver Beach is zoned Single -Family Residential (RSF) and is comprised of several non- conforming residential lots which predate the adoption of the zoning ordinance. Construction of a single-family home is the primary use in the RSF district. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The site is an 8, 936 square -foot trapezoid. The subject site has street frontage on three sides of the property: Yuma Drive, Cree Drive and Ringo Drive, thus creating three "front yards". The required front yard setback is 30 feet. With a 30- foot setback from three property lines, the buildable area of the site is a 1,024 square -foot triangle. Due to the size and shape of the lot and required setbacks, a home, which complies with the minimum City standards for a single-family home, (Section 20-905) is virtually impossible to locate on the site without variances. In addition to the limited buildable area, there is an existing 12-inch culvert that discharges stormwater under the right-of-way for Ringo Drive and across the southern portion of the subject site toward Yuma Drive. To accommodate this drainage, the proposed house is located closer to the north end of the property. In doing so, the 30-foot front yard setbacks cannot be met and still allow the construction of a single-family home. Based upon the above mentioned facts, there are practical difficulties in complying with setback requirements. The construction of a single-family home with variances from the required setbacks is a reasonable use of the property. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone; the applicant is proposing to construct a single-family home on a non -conforming lot of record in a residential zoning district. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The subject site is a non -conforming lot of record platted in 1927 and predates the adoption of the zoning ordinance. It does not comply with the minimum lot standards in the RSF district. The unique location, size and shape of the site and the need to accommodate stormwater drainage on the southern portion of the property limits the ability to construct a home on the site without variances. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the proposed variance request will not alter the essential character of the locality or neighborhood, as the Carver Beach subdivision is a residential district. Many parcels in this development are non -conforming lots of record and may require a variance to update or construct homes. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 2 5. The planning report #11-10, dated October 18, 2011, prepared by Angie Kairies, et al, is incorporated herein. DECISION The City Council approves planning Case 2011-10 for a 12-foot front yard setback from the west property line (Yuma Drive) and a 21-foot front yard setback from the east property line (Ringo Drive) for the construction of a single-family home on a non -conforming lot of record zoned Single -Family Residential (RSF), subject to the following conditions: a. A building permit is required. b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. d. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. e. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. f. The application shall plant two overstory, deciduous, 2-1/2" diameter trees. g. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. h. A drainage and utility easement shall be conveyed to the city over the conveyance system before a building permit is issued. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel and shall be provided by the applicant. i. The grading must also allow for continued drainage from east to west across the adjoining property to the south. ADOPTED by the Chanhassen City Council this 14d' day of November, 2011. CITY OF CHANHASSEN BY: Mayor CITY OF CHAYHASSEN 1700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952,227.1110 Building Inspections Phone:952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax:952.227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax:952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us October 24, 2011 Peter and Tricia Nowling 6271 Blue Jay Circle Excelsior, MN 55331 Dear W. and Mrs. Nowling: Due to the Appeal of the Planning Commission's decision to the City Council, which is scheduled for November 14, 2011, the city will be unable to complete the review within 60 days of the original submittal (November 1, 2011). This letter is to formally notify you that the City is taking the additional 60-day extension to process this request as permitted under Minnesota Statute 15.99. Should you have any questions, please feel free to contact me at (952) 227-1132. Sincerely, Air� Angie Kairies Planner g:\plmr\2011 planning cases\11-10 howling varimrce-6829 yams drive\extension lener.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED 0 CITY OF CHANHASSEN PC DATE: 10/18/I1 CC DATE: 11/14/11 REVIEW DEADLINE: Waived 60-day CASE #: 2011-10 BY: AK, AF, JM, TJ PROPOSED MOTION: "The Chanhassen City Council Planning GeffHnissiefi, as the Board of Appeals and A4justments, approves Planning Case #2011-10 for the construction of a single- family home with variances, subject to the conditions of the staff report; and adoption of the Findings of Fact and Decision." PROPOSAL: The applicant is requesting the following variances for the construction of a single- family home on a non -conforming lot of record zoned Single Family Residential District (RSF): • West front yard setback along Yuma: 12-foot variance (I8-footsetback) • East from yard setback along Ringo: 21-foot variance (9-foot setback) (All proposed setbacks are measured from the 24-inch eaves of the structure). LOCATION: 6829 Yuma Drive Lots 1899-1901, 1913 & 1914, Carver Beach APPLICANT: Peter and Tricia Nowling 6271 Blue Jay Circle Excelsior, MN 55331 PRESENT ZONING: Single -Family Residential (RSF) 2030 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: .2 acres (8,936 sq. ft.) DENSITY: N/A 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. SUMMARY OF PROPOSAL The subject site is located in the Carver Beach Subdivision and is zoned Single -Family Residential (RSF). The site is a non -conforming lot of record with an area of 8,936 square feet versus the minimum 15,000 square feet for a new lot in the RSF district. Nowling Variance Planning Case #2011-10 9eteber '�_ °�1 November 14, 2011 Page 2 of 7 The subject site has street frontage on three sides of the property, Yuma Drive, Cree Drive and Ringo Drive; thus creating three "front yards". The required front yard setback is 30 feet. r With a 30-foot setback from three property lines, the buildable area of the site is a 1,024 square - foot triangle. The applicant's original request was for one setback variance from Ringo Drive with the same house footprint; all other setbacks and hard surface coverage requirements would be met. During a site visit, it came to staff s attention that there is an existing 12-inch culvert that discharges stormwater under the right-of-way for Ringo Drive and across the southern portion of the subject site toward Yuma Drive. The original location of the house was directly over this drainage area. It was at that time that staff advised the applicant to relocate the house toward the north property line to ensure the drainage was accommodated when locating the house. To accommodate this drainage, the proposed house is located closer to the north end of the property. In doing so, the 30-foot front yard setbacks cannot be met and still allow the construction of a single-family home. Therefore, the applicant is requesting two front yard setback variances (as measured from the eaves of the proposed structure): • A 12-foot front yard setback variance (19-foot setback) from the minimum 30-foot front yard setback along Yuma Drive. The footprint of the structure will be located 20 feet from Nowling Variance Planning Case #2011-10 n,.�18,2011 November 14, 2011 Page 3 of 7 the property line, which is adequate space to park a vehicle on the driveway and maintain a 10% driveway slope. • A 21-foot front yard setback variance (9-foot setback) from the minimum 30-foot front yard setback along Ringo Drive. The 40-foot wide right-of-way for Ringo Drive was dedicated with the Carver Beach plat in 1927. The existing pavement within the right-of- way is not a public street. Providing an 11-foot setback between the footprint of the structure and the east property line will allow for adequate snow storage. The zoning ordinance states that eaves may not encroach into the required setback if a variance is granted. Therefore, all setback distances for variance consideration will be measured from the eaves of the structure while the foundation is recessed two feet from the eaves. Staff is recommending approval of this variance request based on the fact that the site is a non -conforming lot of record the unique size and shape of the site and the need to accommodate stonnwater drainage of the southern portion of the property. APPLICABLE REGUATIONS Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4. Section 20-73. Non -conforming lots of record. Chapter 20, Article XII. Single -Family Residential (RSF) District. Chapter 20, Article. XXIH, Division 1. Sec. 20-905. Single Family Dwellings Chapter 20, Article XXIII, Division 1. Sec. 20-908. Yard Regulations. BACKGROUND The subject property was platted as part of the Carver Beach Subdivision which was recorded in 1927. The subject site is a non-confomung lot of record and does not meet minimum lot requirements. The parcel consists of lots 1899 through 1901, lots 1913 and 1914, Carver Beach. i a ; — z 135 I 91434 9G ry� 14�G -Pit- - �- I !3 2•Sq -o- NiM;Oy I�Y0, In.li IP.I _q/-_ tly� 1407mi N uJvin o� oy�� 43G '�0� A l n'A'�J13921 1438 • ��4444 o . . � .. . laor,� �439 � •7�S3�,E3 ROAD lJa-3/0 _.��• u '4 �N:a'.f+N vi n�a�pp�wi ppi rp,IY„� t437 d.o, -v H ••n� d `°fie'• +,- A1I�t'�'1lRIIry"t'�tlRiv1 OIL- ".i�v,�oiv .>. o v_ W_% e e „ IG!• VVV m1 �10 � ` .rr� \� \ r4. uli�Iv��gla'��cil;� `■i 1462 Z9 �, o, ujvi a ►1 v;v-� w �• IGG! 47a•333 ROAD— So 1 51 of^wln 'v•n�alalol-!jon SL oo,•olq .O �i ol��$ Ibloro!a• 1(t 1 y t9� 14?n� M \�0 Nowling Variance Planning Case #2011-10 Oeteber 18, 2011 �� November 14, 2011 Page 4 of 7 Due to the fact that the Carver Beach subdivision predates the adoption of the zoning ordinance in 1972, many parcels in this development are non -conforming lots of record and may require a variance to update or construct homes. ANALYSIS The subject site is a non -conforming lot of record platted in the early 1900s and does not comply with many of the RSF zoning district standards which were established in 1972. The subject site is a trapezoid with an area of 8,936 square feet. The minimum lot size in the RSF zoning district is 15,000 square feet. In addition to the lot area not meeting the district requirements, the site has an average 68.5-foot lot width, which does not meet the minimum 90-foot lot width requirement. The required 30- foot front yard and 10-foot side yard requirements further limit the buildable area of the site. To comply with all of the required setbacks, the buildable area of the site is a 1,024 square -foot triangle. Due to the size and shape of the lot and required setbacks, a home, which complies with the minimum City standards for a single-family home, (Section 20-905) is virtually impossible to locate on the site without variances. City Code requires that a (30' x 30') rambler have a minimum floor area of 900 square feet and a two-story have a minimum of 600 square feet on the first level. CREW DAM 001 Rear rrx i v M� iR 9P'�3 � g943 h�bm/eq In addition to the minimum floor area, the City Code also requires the site to have a two -car garage. An average size garage is 22'x 22' (484 square feet). The proposed house is 1,248 square feet with a 517 square -foot attached garage. The proposed house complies with the 25% maximum hard surface coverage requirement in the RSF district. Nowling Variance Planning Case #2011-10 Oetabe-2011 November 14, 2011 Page 5 of 7 DRAINAGE There is a 12-inch corrugated metal pipe that discharges stormwater under the right-of-way for Ringo Drive and across approximately the southern one-third of the subject property. This drainage is then conveyed through a channel approximately 0.5 foot deep to the southwest property comer where it then flows south down Yuma Drive. Under existing conditions, 0.82 acre of land is tributary to this culvert — primarily from the northeast. An additional 0.33 acre of land will drain to the proposed swale for a total of 1.15 acres of land flows to the southeast comer of this lot onto Yuma Drive. Because this is a legal lot of record, the property owners must be allowed a reasonable use of the property. However in doing so, the location of the proposed house and the existing drainage must be considered concurrently so as not to cause damage to adjacent properties. To determine the characteristics of the drainage on the site as it relates to the development of this parcel, the hydrology and hydraulics were evaluated. Based on this evaluation, it was modeled that during a 100-year, 24-hour rain event, the culvert will discharge at a rate of 3.2 cubic feet per second (cfs). A swale, constructed with a four (4) Nowling Variance Planning Case #2011-10 �'-��011 November 14, 2011 Page 6 of 7 foot wide bottom and 1:4 side slopes, will have a flow depth of just less than one -quarter foot in depth (0.23 ft) during a 6-inch rain event. The applicant is required to provide three (3) feet of separation between the low building elevation and the high water level. Further, they need to construct a berm south of the swale to protect the neighboring property. Based upon the topographic survey and the grading plan they provided it is apparent that they will be able to meet these requirements, but at this time adjustments to the current plan as submitted are required prior to issuing a Building Permit. In order to assure that the conveyance remains in perpetuity, a drainage and utility easement will be required over the Swale. The exact location and dimensions of this easement remain to be determined and shall, at a minimum, include the high water level and adequate width to allow equipment into the channel to perform routine maintenance. RIGHT-OF-WAY The 40-foot wide right-of-way for Ringo Drive was dedicated with the Carver Beach plat in 1927. The existing pavement within the right-of-way is not a public street. There are no plans to construct a public street at this time. A new, standard residential street is 31 feet wide from back -of -curb to back -of -curb within a 60- foot wide right-of-way. If a public street is constructed in the future, the street width will be determined at that time. TREE PRESERVATION The proposed site is heavily wooded. It is the policy of the city to preserve natural woodland areas throughout the city and, with respect to specific site development to retain, as far as practical, substantial tree stands which can be incorporated into the overall landscape plan. No clear cutting of woodland areas shall be permitted, unless it is part of an approved subdivision, planned unit development or site plan application. Clear cutting would result in a variance request. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. RECOMMENDATION Staff and the rveawAnends diat the Planning Commission recommend that the Chanhassen City Council adopts the following motion and the adoption of the attached Findings of Fact and Decision: "The Chanhassen City Council Planning GeffHnissien, as the Board ef Appeals and AEd ttstments, approves Planning Case #2011-10 for a 12-foot front yard setback from the west property line and a 21-foot front yard setback from the east property line for the construction of a single-family home and adoption of the findings of fact and action, subject to the following conditions: Nowling Variance Planning Case #2011-10 n..«,o `'-1°�r November 14, 2011 Page 7 of 7 1. Building* Official Conditions: a. A building permit is required. b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. 2. City Forester Conditions: a. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. b. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. c. The application shall plant two overstory, deciduous, 2-1/2" diameter trees. 3. Water Resource Coordinator Conditions: a. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. b. A drainage and utility easement shall be required over the conveyance system. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel and shall be provided by the applicant. c. The grading must also allow for continued drainage from east to west across the adjoining property to the south. ATTACHMENTS 1. Findings of Fact. 2. Letter from applicant waiving 60-day review period. 3. Development Review Application. 4. Registered Land Survey. 5. Public Hearing Notice and Affidavit of Mailing List. GAPLAN12011 Planning CmAl1-10 Nowling Variance-W9 Yuma nriveTC Staff Reportdoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION Application of Tricia and Peter Nowling for a 12-foot front yard setback from the west property line and a 21-foot front yard setback from the east property line for the construction of a single- family home on a non -conforming lot of record zoned Single -Family Residential (RSF) — Planning Case #2011-10. On October 18, 2011, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Board conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is Lots 1899-1901, 1913 & 1914, Carver Beach. 4. Variance Findines — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction of a Single -Family home is in harmony with the general purpose and intent of this Chapter and is consistent with the comprehensive plan. The subject site is located within the Carver Beach subdivision, which was platted in 1927. Carver Beach is zoned Single -Family Residential (RSF) and is comprised of several non- conforming residential lots which predate the adoption of the zoning ordinance. Construction of a single-family home is the primary use in the RSF district. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The site is an 8, 936 square -foot trapezoid. The subject site has street frontage on three sides of the property: Yuma Drive, Cree Drive and Ringo Drive, thus creating three "front yards". The required front yard setback is 30 feet. With a 30- foot setback from three property lines, the buildable area of the site is a 1,024 square -foot triangle. Due to the size and shape of the lot and required setbacks, a home, which complies with the minimum City standards for a single-family home, (Section 20-905) is virtually impossible to locate on the site without variances. In addition to the limited buildable area, there is an existing 12-inch culvert that discharges stormwater under the right-of-way for Ringo Drive and across the southern portion of the subject site toward Yuma Drive. To accommodate this drainage, the proposed house is located closer to the north end of the property. In doing so, the 30-foot front yard setbacks cannot be met and still allow the construction of a single-family home. Based upon the above mentioned facts, there are practical difficulties in complying with setback requirements. The construction of a single-family home with variances from the required setbacks is a reasonable use of the property. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone; the applicant is proposing to construct a single-family home on a non -conforming lot of record in a residential zoning district. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The subject site is a non -conforming lot of record platted in 1927 and predates the adoption of the zoning ordinance. It does not comply with the minimum lot standards in the RSF district. The unique location, size and shape of the site and the need to accommodate stormwater drainage on the southern portion of the property limits the ability to construct a home on the site without variances. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the proposed variance request will not alter the essential character of the locality or neighborhood, as the Carver Beach subdivision is a residential district. Many parcels in this development are non -conforming lots of record and may require a variance to update or construct homes. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #11-10, dated October 18, 2011, prepared by Angie Kairies, et al, is incorporated herein. 2 DECISION The Board of Appeals and Adjustments approves planning Case 2011-10 for a 12-foot front yard setback from the west property line (Yuma Drive) and a 21-foot front yard setback from the east property line (Ringo Drive) for the construction of a single-family home on a non- conforming lot of record zoned Single -Family Residential (RSF), subject to the following conditions: a. A building permit is required. b. Any retaining wall greater than four (4) feet in height must receive building permit approval. c. Retaining walls greater than four (4) feet in height must be designed by a structural engineer licensed in the State of Minnesota. d. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and larger, and their designation as removed or saved as part of the Building Permit application. e. Tree protection fencing must be installed prior to any work commencing around all saved trees. Fencing shall remain in place until construction is completed. £ The application shall plant two overstory, deciduous, 2-1/2" diameter trees. g. Site grading plan must be modified to provide three feet of separation between high water level and the surrounding low building elevations and submitted to the City for approval prior to issuance of a Building Permit. h. A drainage and utility easement shall be conveyed to the city over the conveyance system before a building permit is issued. This easement shall be, at a minimum, 15 feet in width and shall include the high water elevation within the channel. i. The grading must also allow for continued drainage from east to west across the adjoining property t j. o the south. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 18`h day of October, 2011. CITY OF CHANHASSEN Chairman September 19, 2011 City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Dear Planning Department: We would like to waive the 60 day review period for our proposed variance request and reschedule our meeting with the Planning Commission, if needed, for October 18, 2011. Sincerely, Tricia Nowling 6271 Blue Jay Circle Excelsior, MN 55331 (952)484-9696 triciakoehnen@yahoo.com CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION r Kln I It Name and j-zPei S" MN .55331 Contact:Tru� No i.n Phone:9sa L44-9E71, Fax: Email: -fnc.a Planning Case No. � � — t 0 Property Owner Name and Address: CND( E Contact: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply( _ Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Es for Filing Fees/.Attorney Cost** _CUP/SPRA/A /A AP/Metes & Bounds 450 Minor SUB TOTAL FEE $ y-50 00 P Ck 0K4 -"-CC) ro An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: �� 11°K Q-1 Fe" Ct nCy (AISa-q 7(a.ryja J)r't✓e LOCATION: %rnp/ of Nuvnn Dr ve �j)rtrc- and RAna0 bnvG^ Calr✓er Gwd, LEGAL DESCRIPTION ANDPID: LO+s Or`e �►ws�tnd �4ht lnwdredy11nGf,f_ntno [►899) µ+/Jti Ont+tin,sand ,1,n[.hondred One. (1401 . (e1-S d,t nnc �ndird 1(.,.tee �C t9ia)and Onc TOTAL ACREAGE: 0• aD WETLANDS PRESENT: YES K NO PRESENTZONING: ec F REQUESTED ZONING: 1�/A- PRESENT LAND USE DESIGNATION: LL" deter hal i REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: See Ake/ ,,( FOR SITE PLAN REVIEW: Include number of existing employees: �M_ and new employees: N This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. /f2�62 Ncc H Gl 4- l - ao c/ Signature atoff Applicant Date I due .ZG�u�Qct-r�� % /-d0tc Signadire of Fee Owner Date g:\plan\for \development review applicationAm SCANNED Written Description of Variance Reauest We are requesting a variance to the setback requirement on the Fast side of our lot that borders Ringo Drive. We would like the setback reduced from 30 feet to 10 feet, treating this border as a side yard rather than a third front yard. We will still meet the 30-foot front yard setbacks from the North, bordering Cree Drive, and the West, bordering Yuma Drive, as well as the 10-foot side yard setback to the South. Written Justification The purpose of this request is to build a single-family home that conforms to the prevailing size, shape, and livability of surrounding homes in the neighborhood. This lot is uniquely plotted at 8,936 square feet, with roads on three sides, tapering towards the North end creating a triangular shape. Literal enforcement of the city code leaves us with a buildable area for which a triangular house 24 feet wide at one end, tapering to 7 feet wide at the other, and having a footprint of less than 1,000 square feet including garage would be built. If required to build in this space the resulting triangular house would have a flat roof for structural reasons, and would not blend with the established neighborhood. We are requesting this variance to preserve the aesthetic quality of the existing neighborhood, and livability of our future home, not for economic gain. This land was plotted before the existence of Chanhassen city codes, and has not been subdivided, nor have the owners sold any portion of this land. The front yard setback requirement of 30 feet on three of four sides of this lot is what creates practical difficulties in using this property in a reasonable manner. Ringo Drive is a public right of way, not maintained to the same standards as surrounding roads, and has very little traffic. We explored the option of vacating this road by visiting all of the property owners abutting Ringo Drive. We did not receive 100 percent support to vacate, but did not encounter anyone who was against us building a home on this property. We have included documentation of this effort in the form of a list of signatures in support of vacating the road, and the verbal responses from those not supporting the idea. By treating Ringo Drive as a side yard we would be encroaching on a little -used private drive, not on anyone's personal property. The resulting house and garage we are proposing upon approval of this variance will be a lookout rambler, rectangular in shape, with a peaked roof, and a footprint of 1,765 square feet. The house will be 32 by 39 feet wide, with an attached garage 22 by 23.5 feet wide facing Yuma. In planning this home and variance request every effort has been made to request the bare minimum to put this land to reasonable use. The front door will be located directly next to the garage door with no walkway, and a tapering driveway in order to meet the 25% hardcover requirement. This house will blend in with the prevailing style of this established neighborhood in size, shape and livability, while putting this property to reasonable use as a single-family home. This home will be built following all city and state ordinances protecting the locality from alteration in a negative manner during construction, and after completion. SCt' PIED SCANNED CERTIFICATE OF SURVEY FOR: PETER & TRICIA NOWLING N Benchmark: Westerly invert of the 12' steel culvert shown on this survey. has an assumed elevation of 992.5 feet Proposed garage floor elev.= 997.38 ' Proposed top of foundation elev.= 1001 Proposed lowest floor alev.— 993 LEGAL DESCRIPTION: Lots 49-1901, 191 J & 1914, CARVER BEACH p bituminous roadway, sclermoin $g D�E —/ — MNOx 9945 o Denotes iron monument • Denotes found monument x 000.0 Denotes existing elev. (000.0) Denotes proposed elev. `\ (edep) Denotes existing & proposed elev. Denotes surface drainage DEMARS—GABRIEL LAND SURVEYORS, INC. 6875 WASHMMON AVE. So. SURE 209 Edina, MN 55439 Phone:(952) 767-0487 Fax: 952) 767-0490 EXISTING HARDCOVER 9oidme 1765 Sq.Et. Conc. Wales a 0r 337 Sq.FL Total Hardcover 2102 Sq.R. Lot .Yea 9,e36 soft. X of Hardcover . 23.6i SITE ADDRESS Revised: 10105111 UNASSIGNED C: \EP\DRAW\ 13931.OWC I hereby ce that this survey, plan or report was prepared by me or under File No. my direct su Ision and that I am a duly Registered Land Surveyor under the 13931 Laws of the State of Minnesota. Book —Page As surveyed by me this 24thft of.August, 2011. 0�`1xl � � L V � , &Sloe MI Scale David E. Crook Minn. Reg. No. 22414 1 '=30' CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on October 6, 2011, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Nowling Variance Request — Planning Case 2011-10 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 jQL'� day of QLAei�pr 2011. "* KIM T. MEUWISSEN Notary Public-Minnesota Expires Jan 31, 2015 "Notary Pll 11C Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, Oc until later in the Location: City Hall Col Request for I Proposal: roe zon Applicant: Peter & Trici; Property 6829 Yuma I Location: A location mal The purpose applicant's rl about this pr public hearir What Happens t• Staff will at the Meeting: 2. The appl 3. Commer 4. Public he the proje _ If you want t the City's pn www.ci.char talk to some Kairies by et Questions & phone at 95: Comments: comments, i advance of t Commission online on tt prior to the City Review Procedure: • Subdivisions, Planned Unit Developments, Rezonings, Comprehensive Plan Amendm Planning Commission. City ordinances re, application in writing. Any interested party • Staff prepares a report on the subject appl These reports are available by request. At the report and a recommendation. The ite the hearing process. The Commission will recommendation to the City Council. The Commission's recommendation. Rezomm City Council except rezonings and land use • Minnesota State Statute 519,99 requires a waives this standard. Some applications c Person wishing to follow an item through it status and scheduling for the City Council • A neighborhood spokesperson/represental are encouraged to meet with the neighborl project with any Interested person(s). • Because the Planning Commission holds t any correspondence regarding the applies something to be included in the report, pie Notice of Public Hearing Chanhassen Planning Commission Meeting ANDREW A BORASH BRUCE & CHARLENE BURRINGTON CHRISTIAN SVENSGAARD 6725 NEZ PERCE DR 6869 YUMA DR 795 CARVER BEACH RD CHANHASSEN MN 55317-9206 CHANHASSEN MN 55317-9554 CHANHASSEN MN 55317-9422 CONNIE PAIGE SACKETT CURTIS C & JUDITH N QUINER CURTIS P & BRENDA K BJORLIN 820 IMPERIAL DR 725 PONDEROSA DR 824 LONE EAGLE DR CHANHASSEN MN 55317-9418 CHANHASSEN MN 55317-9419 CHANHASSEN MN 55317-9417 DANIEL S & SUSAN L DEGOLIER DARRYL D ANDERSON DARYL D ANDERSON 6780 YUMA DR 3244 40TH AVE S 3244 40TH AVE S CHANHASSEN MN 55317-9541 MINNEAPOLIS MN 55406-2227 MINNEAPOLIS MN 55406-2227 DAVID J ENRIGHT DAVID W M ANDERSON DAVID W WORKMAN 795 PONDEROSA DR 1905 BEACH LN 745 CARVER BEACH RD CHANHASSEN MN 55317-9419 WAYZATA MN 55391-9793 CHANHASSEN MN 55317-9422 DENNIS D KRUMSIEG DONALD E WHITACRE DOUGLAS A & MARTHA M WALL 760 CREE DR 751 CENTURY AVE S 800 CARVER BEACH RD CHANHASSEN MN 55317-9464 ST PAUL MN 55119-5814 CHANHASSEN MN 55317-9432 DOUGLAS H & CORAZON KALLEVIG DWIGHT E IMKER FRANK FORMICO 14021 VICTORIA LN NW 810 PONDEROSA DR APT B 19040 DUCK LAKE TRL ELK RIVER MN 55330-8314 CHANHASSEN MN 55317-9562 EDEN PRAIRIE MN 55346-2045 FRANKLIN D ERNST GERALYN J HAYDEN GERMAN D SEGURA-GOMEZ 840 CREE DR 749 CARVER BEACH RD 750 CARVER BEACH RD CHANHASSEN MN 55317-9599 CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9422 GILBERT W & SHERRY L SIEVERS GREGORY J CARLSON GREGORY N BITTLE 746 CARVER BEACH RD 760 CARVER BEACH RD 6879 YUMA DR CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9554 JACOB D & ELIZABETH G WOESE JANICE MARIE HAZELTON JEFFERY A KING 777 CARVER BEACH RD 740 CARVER BEACH RD 767 CARVER BEACH RD CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9422 JONAS C & EMILY S STARITA JONATHAN H & MARGARET ORTNER JOYCE ANN HOLLOWAY 6728 LOTUS TRL 6865 NEZ PERCE DR 845 PONDEROSA DR CHANHASSEN MN 55317-8573 CHANHASSEN MN 55317-9209 CHANHASSEN MN 55317-9562 KELLY M & JESSICA M PIEKLO KENNETH JEROME LUCAS KEVIN MCGINTY 825 PONDEROSA DR 6735 NEZ PERCE DR 820 IMPERIAL ST CHANHASSEN MN 55317-9562 CHANHASSEN MN 55317-9207 CHANHASSEN MN 55317-9418 KIRSTEN ANNE PAULY LARRY L & MARY E BARRETT LEE J & DEBORAH R PILLATZKI 751 CARVER BEACH RD 6741 HOPI RD 830 PONDEROSA DR CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9427 CHANHASSEN MN 55317-9562 LISA THOMPSON MARIE A LAMERE MARK A & JULIE C QUINER 6780 LOTUS TRL 6859 YUMA DR 6889 YUMA DR CHANHASSEN MN 55317-8573 CHANHASSEN MN 55317-9554 CHANHASSEN MN 55317-9205 MARK A VANGUILDER MARTIN P & AMY E JENSEN MICHAEL A & ROBBIE WOITALLA 805 PONDEROSA DR 770 CREE DR 6712 HOPI RD CHANHASSEN MN 55317-9562 CHANHASSEN MN 55317-9464 CHANHASSEN MN 55317-9427 MICHAEL F & BARBARA A COYLE MICHAEL J & ELIZABETH M KOHANE MIKE BUENTING 757 CARVER BEACH RD 6870 YUMA DR 6800 RINGO DR CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9554 CHANHASSEN MN 55317-9558 RICHARD E ROSSING RICHARD E ROSSING ROBERT A WIEST 130 CYGNET PL 739 CARVER BEACH RD 840 CARVER BEACH RD LONG LAKE MN 55356-9734 CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-9432 ROBERT C MACFARLANE ROBERT JOHN MOORE RONALD M & DIANE M 6850 YUMA DR 6839 YUMA DR STANCHFIELD CHANHASSEN MN 55317-9554 CHANHASSEN MN 55317-9554 6727 HOPI RD CHANHASSEN MN 55317-9427 STACY L ENGER STANLEY ROBERT CRONISTER STATE OF MINNESOTA IN TRUST 790 CARVER BEACH RD 6730 LOTUS TRL 600 4TH ST E CHANHASSEN MN 55317-9422 CHANHASSEN MN 55317-8573 CHASKA MN 55318-2102 STEPHEN KENNEDY STEVEN J & JOAN M CRONSON SUSAN D ALBEE 761 PONDEROSA DR 801 CREE DR 6871 NEZ PERCE DR CHANHASSEN MN 55317-9419 CHANHASSEN MN 55317-9599 CHANHASSEN MN 55317-9209 TERRANCE MATTESON & ELIZABETH THOMAS L & JUDITH L RAYMOND THOMAS OPITZ 833 CREE DR 834 CREE DR PO BOX 872 33 CREE CHANHASSEN MN 55317-9599 CHANHASSEN MN 55317-9599 CHANHASSEN MN 55317-0872 TRICIA L NOWLING WESLEY WALTER WESTERMANN WYATT CRANE 6271 BLUE JAY CIR 710 PONDEROSA DR 760 PONDEROSA DR EXCELSIOR MN 55331-9008 CHANHASSEN MN 55317-9419 CHANHASSEN MN 55317-9419 Carver County, MN Disclaimer. This map was created using Carver County's Geographic Map Scale N Information Systems (GIS), it is a compilation of infonnatkn and data horn 1 inch = 310 feet various y. State, and Federal offices. This map is not a or legialt surveyed or legally recorded map and is intended to be usedccur W �E a Carver County isnotresponsibkforany inaccuracies ci s Map Date contained. contained herein. 9/8/2011 S Non -Scannable Item Item Description 'Folder Number 2 Folder Name << <� / V 0 U Job Number Z Box Number O O 2