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CAS-10_PLANNING CASE NO. 2019-10r �% 9/3/2019 Planning Case #2019-10 6641 Minnewashta Parkway Variance 0--- PLANNING COMMISSION SEPTEMBER 3, 2019 CITY COUNCIL SEPTEMBER 23, 2019 APPLICANT: JAMES AND JEAN WAY A 6-FOOT SIDE YARD SETBACK VARIANCE AND A 3 PERCENT LOT COVER VARIANCE TO EXPAND AN ATTACHED GARAGE. Location: 6641 Minnewashta Parkway rr Zoned RSF (Shoreland): 20,000 sq. ft. lot area 30' front 3o' rear 75'lakesetback io' side setback 25% lot coverage 1 9/3/2019 Site Conditions: 3713 South Cedar Drive 15,950 square foot lot 29.95%lot cover Non -conforming 9.8' south side setback Non -conforming 52.3 lake setback 6' lake setback variance for addition and deck Hoose and rear deck comply with other setbacks ar. z, Applicant's Proposal Proposed Proiect: O Expand existing garage by approximately 5' ._ . in width and 5' in depth and add above garage bonus room. 1 ❑ At i9' wide existing garage is too narrow to comfortably park two cars. o Many of the surrounding properties have - -' larger two -car or three -car garages. ❑ Will remove non -conforming z"d driveway access to reduce lot cover. ❑ Existing garage is in disrepair and must be replaced. ❑ Configuration of existing home makes it infeasible to expand garage without a variance. 2 9/3/2019 Staff Assessment and Summary 1 ❑ The existing ig' garage width is below the * minimum recommended two -car garage 1 r size. ❑ There is no practical way to expand the / "'I garage without a variance. ❑ Due to lot cover constraints the applicant cannot add a shed and the garage must provide all enclosed storage for the - property. ❑ The neighbors garage is 27.8' from the applicant's lot line, providing sufficient h4 '.` separation that the proposed side yard is expected to negatively S: setback not - impact the adjacent property. ❑ The proposal reduces the property's non- conforming lot cover and removes a non- conforming driNeway access. MOTION "The Chanhassen Board of Appeals and Adjustments approves a 6-foot side yard setback variance and a 3 percent lot cover variance for the expansion of an attached garage, subject to the Conditions of Approval and adopts the attached Findings of Facts and Decision." 3 PLANNING COMMISSION STAFF REPORT Tuesday, September 3, 2019 Subject Consider a Request for a Variance to Replace and Expand an Existing Garage on Property located at 6641 Minnewashta Parkway Section PUBLIC HEARINGS Item No: CA. Prepared By MacKenzie Young -Walters, Associate File No: Planning Case No. 2019-10 Planner l;it��liily � r7r5T�TLIlZa3� The Chanhassen Board of Appeals and Adjustments approves a 6-foot side yard setback variance and a 3 percent lot cover variance for the expansion of an attached garage, subject to the Conditions of Approval; and adopts the attached Findings of Facts and Decision" The applicant is proposing replacing the existing attached 19-foot wide two -car garage with a 25-foot wide two -car garage and upper -level bonus room. The existing garage is located approximately 9.8 feet from the side lot line and the property has non -conforming lot cover of 29.95 percent. The proposed project would reduce the side yard setback to 4 feet and reduce the lot cover to 28 percent. The applicant's proposed project expands the home's abnormally narrow garage while reducing the property's non- conforming lot cover and removing its nonconforming second driveway access. The proposed side yard setback is consistent with the minimum the city requires in order to minimize the chance of runoff adversely impacting the neighboring parcel, and the large distance between the two garages further mitigates the impact of granting the variance. Staff believes the proposed use is reasonable and works to minimize the property's existing non -conformities and avoids unduly impacting neighboring parcels. A full breakdown and analysis of the variance request can be found in the attached staff report. APPLICANT James and Jean Way SITE INFORMATION PRESENT ZONING: RSF LAND USE: Residential Low Density ACREAGE:.35 Acres DENSITY: NA BACKGROUND County records indicate that the house was built in 1962. On March 29, 1977, a permit was issued for the addition of a family room. In 1992, the city granted a 6-foot lake setback variance for the construction of an addition and deck. On September 22, 1992, a permit was issued for the construction of an addition and deck. RECOMMENDATION Staff recommends that the Planning Commission approve a 6-foot side yard setback variance and 3 percent lot cover variance, subject to the Conditions of Approval and adopt the attached Findings of Facts and Decision: 1. The applicant must apply for and receive a building permit. 2. Eaves that are between 2 feet from the property line and less than 5 feet from the property line require a one - hour fire -resistance rating on the underside of the projection. 3. The applicant must apply for and receive all necessary permits from the Watershed District. 4. Submit a grading plan that illustrates existing and proposed grades (if any), include drainage arrows that show the direction of stormwater runoff, and include an erosion control plan. 5. Abandon one of the two driveway accesses off of Minnewashta Parkway serving the property and submit removal plans that are in accordance with City Standards. 6. Edge of the garage foundation must be 5 feet from the south lot line, eaves may project an additional I foot. 7. Garage gutter downspouts may not be oriented to the south. ❑ Staff Report ❑ Findings of Fact (Approval) ❑ Findings of Fact (Denial) 0 Variance Document 0 Development Review Application 0 Narrative ❑ Survey 0 House Plans ❑ Engmeering Memo CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: September 3, 2019 CC DATE: September 23, 2019 REVIEW DEADLINE: October 1, 2019 CASE #: 2019-10 BY: M W "The Chanhassen Board of Appeals and Adjustments approves a 6-foot side yard setback variance and a 3 percent lot cover variance for the expansion of an attached garage, subject to the Conditions of Approval and adopts the attached Findings of Facts and Decision." (Note: A motion for denial and appropriate Findings of Fact are also included at the end of the report.) SUMMARY OF REQUEST: The applicant is proposing replacing the existing attached 19-foot wide two -car garage with a 25-foot wide two -car garage and upper level bonus room. The existing garage is located approximately 9.8 feet from the side lot line and the property has non- conforming lot cover of 29.95 percent. The proposed project would reduce the side yard setback to 4 feet and reduce the lot cover to 28 percent. LOCATION: 6641 Minnewashta Parkway (PID 256150680) OWNER: James and Jean Way 6641 Minnewashta Parkway Excelsior, MN 55331 PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: .35 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION -MAKING: The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high Planning Commission 6641 Minnewashta Parkway —Planning Case 2019-10 September 3, 2019 Page 2 of 7 level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The existing home was built in 1962. In 1992, the city granted a 6-foot lakeshore setback variance to allow for the construction of an addition and deck. The applicant has remodeled and modernized the interior of the house; however, the garage is original to the house and needs to be replaced. The existing garage is only 19 feet wide by 22 feet deep and the applicant is proposing expanding its width and depth by 5 feet and adding an upper level bonus room. N� C_ The proposed expansion would reduce the side yard setback to 4 feet and increase the size of the garage to approximately 25 feet wide by 27 feet deep. The applicant has expressed a willingness to remove the existing non -conforming second driveway access to offset the increased lot cover associated with the proposed garage footprint. Overall, the proposal would reduce the property's lot cover from 29.95 percent to 28 percent. The applicant has stated that the increased garage size is necessary to comfortably accommodate the parking of two average sized vehicles and provide additional storage space. The applicant has expressed the opinion that their garage is the smallest in the neighborhood and have observed that many surrounding properties have 3-car garages. Finally, they note that there would be approximately 34 feet of separation between their proposed garage and the neighboring home. APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2. Rules of Construction and Definitions Chapter 20, Article II, Division 3, Variances Chapter 20, Article 11, Division 4, Nonconforming Uses Chapter 20, Article VII, Shoreland Management District Chapter 20, Article XII, "RSF" Single -Family Residential District Section 20-615. Lot Requirements and Setbacks Planning Commission 6641 Minnewashta Parkway — Planning Case 2019-10 September 3, 2019 Page 3 of 7 Chapter 20, Article XXIII, Division 1, Generally Section 20-908. Yard Regulations Chapter 20, Article XXIV, Division 2, Parking and Loading Section 20-1122. Access and Driveways BACKGROUND County records indicate that the house was built in 1962. On March 29, 1977, a permit was issued for the addition of a family room. In 1992, the city granted a 6' lake setback variance for the construction of an addition and deck. On September 22, 1992, a permit was issued for the construction of an addition and deck. SITE CONDITIONS The property is zoned Single -Family Residential District and is located within the city's Shoreland Management District. This zoning classification requires lots to be a minimum of 20,000 square feet, have front and rear yard setbacks of 30 feet, setbacks of 75 feet from the lake's ordinary high water level, side yard setbacks of 10 feet, and limits parcels to a maximum of 25 percent lot cover. Residential structures are limited to 35 feet in height. The lot is 15,950 square feet and has 4,777.1 square feet of lot cover. The existing house and deck have a non -conforming 52.3 feet lake setback, and the southwest comer of the existing attached garage has a non -conforming 9.8-foot side yard setback. The other elements of the property copy with the district's standards. Pleasant Acres The plat for this area was recorded in January of 1957. This plat predates the formation of the city and since the plat was recorded, the zoning code was adopted and amended multiple times, homes have been built, demolished, and rebuilt to meet the standards and needs of the ordinances that were inforce at that time. Many of the homes in the area are of older construction, built between 1960 and 1990, and some, especially the older homes, do not conform to one or more aspects of the current zoning code, though a relatively small number of these properties have received variances. Planning Commission 6641 Minnewashta Parkway —Planning Case 2019-10 September 3, 2019 Page 4 of 7 Variances within 500 feet: 1992-10 6641 Minnewashta Parkway: Approved - 6' lake setback (deck and addition) 1997-10 6601 Minnewashta Parkway: Approved - 13' lake setback (rebuild deck) 1998-09 6621 Minnewashta Parkway: Approved - 28' lake setback (rebuild deck) 2016-14 3801 Leslee Curve: Denied: Accessory structure over 1,000 square feet ANALYSIS Side Yard Setback The current garage's 19-foot width is below the 20-foot minimum recommended width for a two -car garage and research shows that 24 feet by 24 feet is the most popular two -car garage size. The applicant's proposal to increase the garage's width by approximately 5 feet would not result in an atypically wide garage. Staff did ask the applicant to explore alternative configurations for the garage, such as expanding it into the house rather than into the required side yard. The applicant looked into this option, but stated that it would require the elimination of the home's entryway and that they were not able to make that configuration work. The applicant's existing garage is 9.8-feet from the side lot line and the proposed garage expansion would result in a 4-foot side yard setback. The applicant had initially expressed interest in a slightly wider garage with 2-foot long eaves; however, that would have reduced the distance from the edge of the eaves to the side lot line to 2.76 feet and staff expressed concern that this could lead to runoff being directed directly onto the neighbor's property. After consultation with staff, the applicant revised their proposal to reduce the garage width by .25 feet and redesigned the roofline to utilize 1-foot long eaves. This results in a proposal where the garage foundation would be 5 feet from the side lot line and eaves would encroach an additional foot. The City Code typically allows eaves to project 2.5 feet into a required setback; however, that exemption is not extended to variances and a 4-foot side yard setback variance would be required to accommodate the structure and its proposed eaves. In an attempt to determine a reasonable minimum side yard setback, staff examined other detached single-family zoning districts within the city. The proposed 5-foot lot line setback with an additional foot of encroachment for the eaves would be consistent with the minimum side yard setback required by the Residential Low and Medium Density (RLM) district, which requires alternating 5-foot garage and 10-foot house side yard setbacks, and many of the city's Planned Unit Development -Residential (PUDR) districts featuring smaller lots, which typically allow for 5-foot garage side setbacks. In both RLM and PUDR districts, the eaves of homes are allowed to encroach up to 2.5 feet into the required setback. It should be noted that these districts permit reduced side yard setbacks in order to offset narrow lot sizes and that some of them, particularly the RLM, have a very different character than the Single -Family Residential (RSF) district where the subject property is located. Planning Commission 6641 Minnewashta Parkway —Planning Case 2019-10 September 3, 2019 Page 5 of 7 Many of the districts that allow for 5-foot garage side setbacks have provisions requiring a minimum 15-foot separation between structures on adjacent lots. This clause helps prevent the sense of crowding that would becreated by allowing homes to place their foundations 10 feet apart. In the case of 6641 Minnewashta Parkway, the neighboring home's side loading garage is setback 27.8 feet from the side lot line, with the edge of their driveway being setback approximately 8 feet from the side lot line. The orientation and distance between the two structures will significantly minimize the impact of the reduced side yard setback on the neighboring property. Staff is typically very hesitant to support requests for side yard setback variances in situations where the property meets the minimum required lot width and where most of the surrounding properties conform to their zoning district's minimum side yard setback. In this case, staff believes that the proposal is reasonable, will have a minimal impact on the neighboring property, and that there are no practical alternative configurations that would prevent an encroachment into the required side yard. For these reasons, staff supports the requested side yard setback. Lot Cover The city requires a minimum lot area of 20,000 square feet for riparian properties and limits these properties to 25 percent lot coverage. The applicant's lot is substandard with a lot area of 15,950 square feet. The property currently has a lot coverage of 29.95 percent, or 4,777.1 square feet. When owners propose improvements to properties that have non -conforming lot coverage, the policy is that the existing non -conformity must be reduced; however, there is no formal rule stating how much of a reduction must occur. When the applicant initially brought the proposed project to staffs attention, staff expressed concern that the garage expansion would increase the property's lot cover to approximately 31 percent. Staff also noted that the property has a non -conforming second driveway access and requested that the applicant consider removing a driveway access and its associated lot cover to bring the driveway into compliance with City Code and reduce the non -conforming lot cover. The applicant submitted a revised proposal indicating that they would remove the north driveway access and approximately 550 square feet of lot cover. Further reductions to the size of the driveway are not recommended, as the City Code requires a turnaround on driveways accessing collector roadways to ensure safe vehicular access. This change would reduce the property to 28 percent lot cover, a 1.95 percent reduction to the existing non- conformity. Planning Commission 6641 Minnewashta Parkway — Planning Case 2019-10 September 3, 2019 Page 6 of 7 Once the garage expansion is factored in, the applicant's proposal will remove about 300 square feet of impervious surface from the lot, approximately 2 percent of the property's lot cover, as well as an additional 285 square feet of impervious surface located within the public right-of-way that is not included in the propery's lot cover allowance. Staff believes that removing nearly 600 square feet i- a t ti �.n ` of lot cover associated with the property represents a meaningful attempt to reduce the existing non- conformity. For these reasons, staff supports the 3 percent lot cover variance. Impact on Neighborhood The prevailing character of the houses along the east side of Minnewashta Parkway is that or relatively wide homes situated on shallower lots. Increasing the width of 6641 Minnewashta by approximately 5 feet will not alter the aesthetics of the neighborhood, especially given that there is a large gap between the applicant's home and their neighbor's garage. The largest visual impact of the proposed project would be adding the second -level bonus room above the garage; however, at 19 feet high it is still significantly below the District's maximum height of 35 feet. Additionally, there are also other homes with second story living areas along Minnewashta Parkway. Overall, the proposal is consistent with the general character of the neighborhood and is not expected to negatively impact the area or surrounding properties. Existing Proposed SUMMARY KH W11110 .— -- - - ---- - ----- - — The applicant's proposed project expands the home's abnormally narrow garage while reducing the property's non -conforming lot cover and removing its non -conforming second driveway access. The Planning Commission 6641 Minnewashta Parkway —Planning Case 2019-10 September 3, 2019 Page 7 of 7 proposed side yard setback is consistent with the minimum the city requires in order to minimize the chance of runoff adversely impacting the neighboring parcel, and the large distance between the two garages further mitigates the impact of granting the variance. Staff believes the proposed use is reasonable and works to minimize the property's existing non -conformities and avoids unduly impacting neighboring parcels. RECOMMENDATION Staff recommends that the Planning Commission approve a 6-foot side yard setback variance and 3 percent lot cover variance, subject to the Conditions of Approval and adopt the attached Findings of Facts and Decision: 1. The applicant must apply for and receive a building permit. 2. Eaves that are between 2 feet from the property line and less than 5 feet from the property line require a 1-hour fire -resistance -rating on the underside of the projection. 3. The applicant must apply for and receive all necessary permits from the Watershed District. 4. Submit a grading plan that illustrates existing and proposed grades (if any), include drainage arrows that show the direction of stormwater runoff, and include an erosion control plan. 5. Abandon one of the two driveway accesses off of Minnewashta Parkway serving the property and submit removal plans that are in accordance with City Standards. 6. Edge of the garage foundation must be 5 from the south lot line, eaves may project an additional 1 foot. 7. Garage gutter downspouts may not be oriented to the south. Should the Planning Commission deny the variance request, it is recommended that the Planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen Board of Appeals and Adjustments denies the 6-foot front yard setback variance and 3 percent lot cover variance, and adopts the attached Findings of Facts and Decision." ATTACHMENTS 1. Finding of Fact and Decision Approval 2. Finding of Fact and Decision Denial 3. Variance Document 4. Development Review Application and Narrative 5. Survey 6. House Plan Sheets 7. Engineering Memo GdPLAN\2019 Planning Cases\19-10 6641 MinnewashtaParkway VAR\Staff Report-6641 MinnewashtaPkw_PC.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of James and Jean Way for a 6-foot side yard setback and a 3 percent lot coverage variance on a property zoned Single -Family Residential District (RSF) - Planning Case 2019-10. On September 3, 2019, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot Two (2), Block Seven (7), Pleasant Acres, Excepting therefrom: That part of Lot 2, Block 7, Pleasant Acres, Carver County, Minnesota, lying south of a line drawn Easterly and parallel with the North line of said Lot 2, from a point in the West line of said Lot 2, distant 110 feet Southerly of the Northwest corner of said Lot 2, said parallel line being extended Easterly to the shores of Lake Minnewashta. 4. Variance Findings —Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The intent of the city's shoreland management ordinance is to protect the city's aquatic resources by establishing a minimum lot size of 20,000 square feet and a maximum lot coverage of 25 percent. These two requirements are designed to work together to allow property owners sufficient lot cover to construct a reasonably sized house and accessory structures while preventing excessive development that could generate unnecessary runoff capable of degrading the lake. In this case, the city must balance minimizing the property's lot cover with allowing for reasonable use of the property. The applicant's proposal to increase the width of their substandard two -car garage is in line with the City ordinance's requirement that all single-family homes have a two -car garage. Additionally, the home has a non -conforming lot cover of 29.95 percent and under the city's Non -Conforming Use Ordinance the applicant would be entitled to continue the existing non -conformity and the ordinance allows non -conforming uses to be modified or improved so long as the non -conformity is not expanded. Since the applicant is proposing to reduce the property's lot cover to 28 percent, the variance is consistent with the intent of the Chapter. The city's zoning code requires minimum side yard setbacks of 10 feet to maintain a neighborhood aesthetic, to prevent structures from directing runoff onto neighboring properties, and to accommodate the presence of landings, eaves, and other common features present on the sides of structures. In this case, the structure on the adjacent parcel is located over 27 feet from proposed garage and conditions are being imposed on the variance to minimize the potential for runoff to be directed onto the neighboring property. Additionally, the variance still provides for the minimum structure setback deemed acceptable to prevent negative impacts on adjoining parcels in other zoning districts. Due to the large distance between the existing structure and placement of the foundation 5 feet from the side lot line, the variance is consistent with the intent of the Chapter. 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: Expanding a 19-foot wide two -car garage to a 24-foot wide two -car garage is a reasonable use for a single-family home, and the existing placement of the 1962 home does not permit the applicant to expand the garage without encroaching into the side yard setback. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is located in an older subdivision and the existing structure does not conform to the current zoning code. The parcel is smaller than the minimum size required for riparian lots zoned RSF. The lot's substandard size and pre-existing house placement means that the garage width cannot be increased without a variance. e. The variance, if granted, will not alter the essential character of the locality. Finding: The prevailing character of the houses along the east side of Minnewashta Parkway is that or relatively wide homes situated on shallower lots. Increasing the width of 6641 Minnewashta by approximately 5 feet will not alter the aesthetics of the neighborhood, especially given that there is a large gap between the applicant's home and their neighbor's garage. The largest visual impact of the proposed project would be adding the second -level bonus room above the garage; however, at 19 feet high it is still significantly below the district's maximum height of 35 feet. Additionally, there are also other homes with second story living areas along Minnewashta Parkway. The proposal is consistent with the general character of the neighborhood and it will not alter the essential character of the locality. 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 #2019-10, dated September 3, 2019, prepared by MacKenzie Young - Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves a variance request to allow a 6-foot side yard setback variance and a 3 percent lot coverage variance, subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. Eaves that are between 2 feet from the property line and less than 5 feet from the property line require a 1-hour fine -resistance -rating on the underside of the projection. 3. The applicant must apply for and receive all necessary permits from the Watershed District. 4. Submit a grading plan that illustrates existing and proposed grades (if any), include drainage arrows that show the direction of stormwater runoff, and include an erosion control plan. 5. Abandon one of the two driveway accesses off of Minnewashta Parkway serving the property and submit removal plans that are in accordance with City Standards. 6. Edge of the garage foundation must be 5 feet from the south lot line, eaves may project an additional 1 foot. 7. Garage gutter downspouts may not be oriented to the south. ADOPTED by the Chanhassen Planning Commission this 3rd day of September, 2019. CITY OF CHANHASSEN I" Steven Weick, Chairman 9?p11n2019pl-MM9easesV9.106641 nai ashta parkway<aPfindiap of fact and decision 6641 minncwaahtapkw(approval). doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) 11►i:77� Application of James and Jean Way for a 6-foot side yard setback and a 3 percent lot coverage variance on a property zoned Single -Family Residential District (RSF) - Planning Case 2019-10. On September 3, 2019, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot Two (2), Block Seven (7), Pleasant Acres, Excepting therefrom: That part of Lot 2, Block 7, Pleasant Acres, Carver County, Minnesota, lying south of a line drawn Easterly and parallel with the North line of said Lot 2, from a point in the West line of said Lot 2, distant 110 feet Southerly of the Northwest comer of said Lot 2, said parallel line being extended Easterly to the shores of Lake Minnewashta. 4. Variance Findings —Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The city's zoning code requires minimum side yard setbacks of 10 feet to maintain a neighborhood aesthetic, to prevent structures from directing runoff onto neighboring properties, and to accommodate the presence of landings, eaves, and other common features present on the sides of structures. Allowing the applicant to reduce their side yard setback would be incongruous with the surrounding properties, most of which meet the required 10-foot side yard setback. Additionally, the proposed reduction could lead to run off being diverted onto the neighboring parcel. Finally, if in the future, the adjacent house was removed and replaced with a home located at its 10-foot side yard setback, the atypically narrow space between the structures would lead to a more crowded feel then is typical for the Single -Family Residential District. For these reasons, granting the proposed variance would not be consistent with the intent of this chapter. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The homeowner could reconfigure the interior of the home to allow for the expansion of the garage without requiring a side yard setback variance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The applicant's need for a variance is cause by the placement of the home on the lot and configuration of the existing garage. There is no factor unique to the parcel that necessitates a variance. e. The variance, if granted, will not alter the essential character of the locality. Finding: The prevailing character of the houses along the east side of Minnewashta Parkway is that or relatively wide homes situated on shallower lots. Increasing the width of 6641 Minnewashta by approximately 5 feet will not alter the aesthetics of the neighborhood, especially given that there is a large gap between the applicant's home and their neighbor's garage. The largest visual impact of the proposed project would be adding the second -level bonus room above the garage; however, at 19 feet high it is still significantly below the District's maximum height of 35 feet. Additionally, there are also other homes with second story living areas along Minnewashta Parkway. The proposal is consistent with the general character of the neighborhood and it will not alter the essential character of the locality. 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 #2019-10, dated September 3, 2019, prepared by MacKenzie Young - Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments denies a variance request to allow a 6-foot side yard setback variance and a 3 percent lot coverage variance." ADOPTED by the Chanhassen Planning Commission this 3rd day of September, 2019. CITY OF CHANHASSEN 1m Steven Weick, Chairman g:\plan\2019 planning caves\19-10 6641 nonnewashla parkway var\findings of fact and decision 6641 minnewashta pkw (denied).doc CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2019-10 1. Permit. Subject to the terns and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves a 6-foot side yard setback variance and a 3 percent lot coverage variance. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as: Lot Two (2), Block Seven (7), Pleasant Acres, Excepting therefrom: That part of Lot 2, Block 7, Pleasant Acres, Carver County, Minnesota, lying south of a line drawn Easterly and parallel with the North line of said Lot 2, from a point in the West line of said Lot 2, distant 110 feet Southerly of the Northwest corner of said Lot 2, said parallel line being extended Easterly to the shores of Lake Minnewashta. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. Eaves that are between 2 feet from the property line and less than 5 feet from the property line require a 1-hour fire -resistance -rating on the underside of the projection. 3. The applicant must apply for and receive all necessary permits from the watershed district. 4. Submit a grading plan that illustrates existing and proposed grades (if any), include drainage arrows that show the direction of stormwater runoff, and include an erosion control plan. 5. Abandon one of the two driveway accesses off of Minnewashta Parkway serving the property and submit removal plans that are in accordance with City Standards. 6. Edge of the garage foundation must be 5 feet from the south lot line, eaves may project an additional 1 foot. 7. Garage gutter downspouts may not be oriented 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: September 3, 2019 (SEAL) AND: STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN Elise Ryan, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this _ day of 2019 by Elise Ryan, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-I100 g1p1an\2019 planning cases\19-03 3617 red cedar point road\varia document 19-03.doc �j,U19-IG COMMUNITY DEVELOPMENT DEPARTMENT CITY OF CHANHASSEN Planningg Division - 7700 Market Boulevard Mailing Address - P.O Box 147, Chanhassen, MN 55317 Phone (952) 227-1300 / Fax: (952) 227-1110 c APPLICATION FOR DEVELOPMENT REVIEW / Submittal Date O iCl PC Date I I CC Dare 1 6 60-Day Rewew Date Section•• • •• (check all that apply� iRefer to the appropriate Application Gec*hst for requord submittal rnlormatm Mat must accompany Mrs appl whoa) ❑ Comprehensive Plan Amendment_ _ ......... ....._. S600 ❑ Subdivision (SUB) ❑ Minor MUSA line for failing on -site sewers..... $100 ❑ Create 3 lots or less ...................................... $300 ❑ Create over 3 lots ......................5600 + $15 per lot ❑ Conditional Use Permit (CUP) L_lob) ❑ Single -Family Residence ................................ $325 ❑ Metes & Bounds(21f1ts)..................... ...... $300 ❑ All Others.. ...................................................... $425 _...__ ❑ Consolidate Lots.................................... $150 ❑ Interim Use Permit (IUP) ❑ Lot Line Adjustment ..................................... ❑ Final Peal _ $150 $700 El In conjunction with Single -Family Residence.. ❑ $325 .. ..__............................................ (Includes $450 escrow for attorney costs)* All Others ......................................................... $425 •Addbonal escrow may be required tow other applications El Rezoning (REZ) through the development contract ❑ Planned Unit Development (PUD) .................. $750 ❑ Vacation of Easements/Right-of-way (VAC) ...... $300 ❑ Minor Amendment to existing PUD................. $1 DO (Addtonal recording teas nay apply) ❑ All Others_..........................................__...__$500 Variance (VAR) ................... ............... _. $200 ❑ Sign Plan Review ................................................... $150 Iz ❑ Wetland Alteration Permit (WAP) ❑ Site Plan Review (SPR) ❑ Single -Family Residence.. ............................ $150 ❑ Administrative............................................... $100 ❑ All Others .............................. $275 ❑ Commercial/Industrial Districts* .... ..... _......... I$500 ❑ Zoning Appeal ................................................ _ $100 Plus $10 per 1,000 square feet of building area thousand square feet) -Include ❑Zoning Ordinance Amendment (ZOA)................. $500 number of exist empigsm: Ynew 'Include number of eemmpioYMa: ElResidential Districts ......................................... $500 NOTE: VAMn multiple applications are processed concurrently. Plus $5 per dwelling unit (_ units) the apgOp' fea shall be charged for each application. ® Notification Sign (City to install and remove)...................................................................................................................... $200 Property Owners' List within 500' (City to generate aver pre -application meeting) ....................... _... ............... $3 per address ( .4! addresses) crow for Recording Documents (check all that apply) ......... $50 per document P Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement Vacation Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 dots ) Easements (— easements) ❑ Deeds Irr . a TOTAL FEE: Section 2i Required Information I Description of Proposal: ` u. I 4 v.�1 p V � �.- .r. �t�l, -F�,.. � bo.....s rco�^ .:..e-1� be b..,:l� ot.•�.. ..,e.•.: Property Address or Location: 4 t>. I l vi-, vv, a s hC J6 Q It s s r Parcel # Legal Description: L e-�%: -z-, 3 oc I 7 ( P1 a •>_'5 a-,+ Total Acreage: Present Zoning: Select One Wetlands Present? ❑ Yes ❑ No Present Land Use Designation. Select One Existing Use of Property: v- r 5 d 4. ❑Check box if separate narrative is attached. Requested Zoning: Select One Requested Land Use Designation. Select One Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application. I as applicant. represent to have obtained authorization from the property owner to file this application I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application I further understand that additional fees may be charged for consulting fees. feasibility studies, etc. with an estimate prior to any authorization to proceed with the study I certify that the information and exhibits submitted are true and correct. Name: Contact Address Phone. City/State/Zip. Cell: Email Fax Signature: Date. PROPERTY OWNER: In signing this application. I. as property owner, have full legal capacity to, and hereby do, authorize the fling of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etcwith an estimate prior to any authorization to proceed with the study I certify that the information and exhibits submitted are true and correct Name: 2 0..r F s A, l�.' t- z Contact. Address: fc 10 d j VYl ` h E .J r i d+ H Q a a k' •- Phone (< l Z- 2 d t" S L 7 �r i City/State/Zip: C t- o-. \.k a s s>— 1rM Ilr 5 S 3 3 j Cell Email: r o- o 4 t2 g o-.4 z s Fax Signature V a Date This applicatioi4 must be completes m full and must be accompanied by all information and plans required by applicable City Ordinance provisions Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name Contact Address Phone City/State/Zip Cell Email. Fax Section 4 Notification Information Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name ❑ Applicant Via ❑ Email ❑ Mailed Paper Copy Address. ❑ Engineer Via ❑ Email ❑ Mailed Paper Copy City/State/Zip. ❑ Other' Via ❑ Email ❑ Mailed Paper Copy Email: Thank you for considering our variance We, Jim and Jean Way purchased the home at 6641 Minnewashta Parkway about 25 years ago. What we purchased was a lake front lot that included a house. A fixer upper. The house was built in about 1962. We gutted the interior and totally remodeled the house with the exception of the small attached garage. We also put an addition in the back of the house. We are applying for a variance to build a larger garage which would put our home with the garage about 5 feet from the lot line. We would like to replace the existing garage with a normal/average 2 car garage. From we have determined is our 19 foot wide garage is the smallest garage in this residential area. Many have a 3 car garage. The new garage would be 34 feet from the closest neighbor home just to our South. We believe that with the new garage we would be bringing our home closer to the quality of the surrounding homes. We have discussed our building project with the neighbors. They do support our plan for a larger garage. It is our opinion along with others that our garage project would have no negative effects on the neighborhood. Only positive effects. These are the problem with existing garage. 1. Poor original workmanship. 2. The roof sags in the middle. 3. The Span Crete floor has deep cracks across the full length of the floor. The garage floor is endangered of collapsing and falling in the storage space below. 4. The width of the garage is only 19 feet on the inside. You can get 2 compact cars in the garage which is a tight fit. If you have a passenger, the passenger needs to exit the car before it can be driven into the garage. We would like to replace the garage with a garage with adequate space for 2 cars and some storage. The footprint of the new garage would be about 5 feet wider and about 5 feet deeper. Thank you very much for your consideration of this variance request. s +�A x 75 -b Z C U �� bo�sak U GJ a"95g ^� Cy -A .3 K El 00 ®8 z� 0 r s��a Psi ges s s� m'r�'o`cr n V i� N n t Ta Z Z o F a� II 'a j C/5 R n a� 3 (mo�uoo g446) zulpaoys ' M", $<� F e alauuj J 1 � vl — n a gpr Lf5 _o� ''o rq gjp7p�'1�.., W rap n J). sta _ /.p�},pQ SOOUIWII�IS m ONI'13CION3H )g S3WOH 54fi55 uw •owo+�IW = F;pm uw ► oow v L In UO �f6 if F--t—T�----Sr-= Pw I � I I I g ; 'I •— — 3 IIIII 11 111 i �I -� I a a III i rs y plill�j I,i W �I _ CITY OF C HANHASSE N Chanhassen is a Community for Life- Providing forToday and Planning forTomorrow Memorandum To: MacKenzie Walters, Assistant Planner From: Erik Henricksen, Project Engineer CC: Jason Wedel, Public Works Director/City Engineer Ryan Pinkalla, Water Resources Technician Date: 811612019 Re: Side Yard Setback and Lot Cover Variance at 6641 Minnewashta Parkway — Planning Case 2019-10 The Engineering Department has reviewed the Variance submittal for 6641 Minnewashta Parkway. These comments are divided into two categories: general comments and proposed conditions. General comments are informational points to guide the applicant in the proper planning of public works infrastructure for this project, to inform the applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed conditions are requirements that Engineering recommends be formally imposed on the developer in the final order. Note that references to the "City Standards" herein refer to the Standard Specifications and Detail Plates. General Comments/findings 1. Any and all utility and transportation plans submitted with this application have been reviewed for the purpose of determining the feasibility of providing utility and transportation facilities for the project in accordance with City Standards. This variance approval does not constitute final approval of details, including but not limited to alignments, materials and points of access, connection or discharge, that are depicted or suggested in the application. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. The City of Chanhassen Engineering and Public Works Department will review plans, in detail, when they are submitted and approve, reject or require modifications to the plans or drawings based upon conformance with City Standards, the Chanhassen Code of Ordinances and the professional engineering judgment of the City Engineer. PH 952.227.1100 • www.d.chanhassen.mn.us • FX952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 CITY OF CHA-NHASSEN Chanhassen is a Community for Life - PmvidingforToday and Plan ningforTomorrow 2. It is the opinion of the Engineering Department that the proposed variance at 6641 Minnewashta Parkway can be developed in accordance with the requirements of the Chanhassen Code of Ordinances (as it pertains to Engineering and Public Works requirements) and Construction Standards, provided it fully addresses the comments and conditions contained herein, and can be approved. 3. The property currently has no drainage and utility easements within the side lot area (south property line) where the variance is proposed, and would require no encroachment agreements. 4. It appears that the existing topography would direct additional stormwater runoff from the proposed addition away from the abutting property to the south. Nonetheless, upon submittal of building permits, a grading and erosion control plan shall be submitted for review and approval by the City. See proposed condition 1. 5. The property currently has dual access (two driveway entrances for the one property) off Minnewashta Parkway. Minnewashta Parkway is defined as a collector street under City Ordinances Sec. 20-5. In accordance with the City's Comprehensive Plan and the policies within, the City "will strive to discourage... and limit access to collector streets." The applicant shall abandon one of the two access points to the property off of Minnewashta Parkway in accordance with City Standards. See proposed condition 2. Proposed Conditions 1. Submit a grading plan that illustrates existing and proposed grades (if any), include drainage arrows that show the direction of stormwater runoff, and include an erosion control plan. 2. Abandon one of the two driveway accesses off of Minnewashta Parkway serving the property and submit removal plans that are in accordance with City Standards. PH 952.227.1100 • www.d.chanhassen.mn.us • IFX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 PC DATE: September 3, 2019 rCITY OF CHANHASSEN PROPOSED MOTION: CC DATE: September 23, 2019 REVIEW DEADLINE: October 1, 2019 CASE #: 2019-10 BY: MW "The Chanhassen Board of Appeals and Adjustments approves a 6-foot side yard setback variance and a 3 percent lot cover variance for the expansion of an attached garage, subject to the Conditions of Approval and adopts the attached Findings of Facts and Decision." (Note: A motion for denial and appropriate Findings of Fact are also included at the end of the report.) SUMMARY OF REQUEST: The applicant is proposing replacing the existing attached 19-foot wide two -car garage with a 25-foot wide two -car garage and upper level bonus room. The existing garage is located approximately 9.8 feet from the side lot line and the property has non- conforming lot cover of 29.95 percent. The proposed project would reduce the side yard setback to 4 feet and reduce the lot cover to 28 percent. LOCATION: 6641 Minnewashta Parkway (PID 256150680) OWNER: James and Jean Way 6641 Minnewashta Parkway Excelsior, MN 55331 PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: .35 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION -MAKING: The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high Planning Commission 6641 Minnewashta Parkway — Planning Case 2019-10 September 3, 2019 Page 2 of 7 level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The existing home was built in 1962. In 1992, the city granted a 6-foot lakeshore setback variance to allow for the construction of an addition and deck. The applicant has remodeled and modernized the interior of the house; however, the garage is original to the house and needs to be replaced. The existing garage is only 19 feet wide by 22 feet deep and the applicant is proposing expanding its width and depth by 5 feet and adding an upper level bonus room. - New" Comae ..._ i Remo�xd Prtewry. Story Rmnb�e Nea—N I�t 1 The proposed expansion would reduce the side yard setback to 4 feet and increase the size of the garage to approximately 25 feet wide by 27 feet deep. The applicant has expressed a willingness to remove the existing non -conforming second driveway access to offset the increased lot cover associated with the proposed garage footprint. Overall, the proposal would reduce the property's lot cover from 29.95 percent to 28 percent. The applicant has stated that the increased garage size is necessary to comfortably accommodate the parking of two average sized vehicles and provide additional storage space. The applicant has expressed the opinion that their garage is the smallest in the neighborhood and have observed that many surrounding properties have 3-car garages. Finally, they note that there would be approximately 34 feet of separation between their proposed garage and the neighboring home. APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2. Rules of Construction and Definitions Chapter 20, Article 11, Division 3, Variances Chapter 20, Article II, Division 4, Nonconforming Uses Chapter 20, Article VB, Shoreland Management District Chapter 20, Article XIL "RSF" Single -Family Residential District Section 20-615. Lot Requirements and Setbacks Planning Commission 6641 Minnewashta Parkway —Planning Case 2019-10 September 3, 2019 Page 3 of 7 Chapter 20, Article XXQI, Division 1, Generally Section 20-908. Yard Regulations Chapter 20, Article XXIV, Division 2, Parking and Loading Section 20-1122. Access and Driveways County records indicate that the house was built in 1962. On March 29, 1977, a permit was issued for the addition of a family room. In 1992, the city granted a 6' lake setback variance for the construction of an addition and deck. On September 22, 1992, a permit was issued for the construction of an addition and deck. SITE CONDITIONS The property is zoned Single -Family Residential District and is located within the city's Shoreland Management District. This zoning classification requires lots to be a minimum of20,000 square feet, have front and rear yard setbacks of 30 feet, setbacks of 75 feet from the lake's ordinary high water level, side yard setbacks of 10 feet, and limits parcels to a maximum of 25 percent lot cover. Residential structures are limited to 35 feet in height. The lot is 15,950 square feet and has 4,777.1 square feet of lot cover. The existing house and deck have a non -conforming 52.3 feet lake setback, and the southwest corner of the existing attached garage has a non -conforming 9.8-foot side yard setback. The other elements of the property copy with the district's standards. Pleasant Acres The plat for this area was recorded in January of 1957. This plat predates the formation of the city and since the plat was recorded, the zoning code was adopted and amended multiple times, homes have been built, demolished, and rebuilt to meet the standards and needs of the ordinances that were inforce at that time. Many of the homes in the area are of older construction, built between 1960 and 1990, and some, especially the older homes, do not conform to one or more aspects of the current zoning code. though a relatively small number of these properties have received variances. Planning Commission 6641 Minnewashta Parkway —Planning Case 2019-10 September 3, 2019 Page 4 of 7 Variances within 500 feet: 1992-10 6641 Minnewashta Parkway: Approved - 6' lake setback (deck and addition) 1997-10 6601 Minnewashta Parkway: Approved -13' lake setback (rebuild deck) 1998-09 6621 Minnewashta Parkway: Approved - 28' lake setback (rebuild deck) 2016-14 3801 Leslee Curve: Denied: Accessory structure over 1,000 square feet ANALYSIS Side Yard Setback The current garage's 19-foot width is below the 20-foot minimum recommended width for a two -car garage and research shows that 24 feet by 24 feet is the most popular two -car garage size. The applicant's proposal to increase the garage's width by approximately 5 feet would not result in an atypically wide garage. Staff did ask the applicant to explore alternative configurations for the garage, such as expanding it into the house rather than into the required side yard. The applicant looked into this option, but stated that it would require the elimination of the home's entryway and that they were not able to make that configuration work. The applicant's existing garage is 9.8-feet from the side lot line and the proposed garage expansion would result in a 4-foot side yard setback. The applicant had initially expressed interest in a slightly wider garage with 2-foot long eaves; however, that would have reduced the distance from the edge of the eaves to the side lot line to 2.76 feet and staff expressed concern that this could lead to runoff being directed directly onto the neighbor's property. After consultation with staff, the applicant revised their proposal to reduce the garage width by .25 feet and redesigned the roolline to utilize 1-foot long eaves. This results in a proposal where the garage foundation would be 5 feet from the side lot line and eaves would encroach an additional foot. The City Code typically allows eaves to project 2.5 feet into a required setback; however, that exemption is not extended to variances and a 4-foot side yard setback variance would be required to accommodate the structure and its proposed eaves. In an attempt to determine a reasonable minimum side yard setback, staff examined other detached single-family zoning districts within the city. The proposed 5-foot lot line setback with an additional foot of encroachment for the eaves would be consistent with the minimum side yard setback required by the Residential Low and Medium Density (RLM) district, which requires alternating 5-foot garage and I0-foot house side yard setbacks, and many of the city's Planned Unit Development -Residential (PUDR) districts featuring smaller lots, which typically allow for 5-foot garage side setbacks. In both RLM and PUDR districts, the eaves of homes are allowed to encroach up to 2.5 feet into the required setback. It should be noted that these districts permit reduced side yard setbacks in order to offset narrow lot sizes and that some of them, particularly the RLM, have a very different character than the Single -Family Residential (RSF) district where the subject property is located. Planning Commission 6641 Minnewashta Parkway —Planning Case 2019-10 September 3, 2019 Page 5 of 7 Many of the districts that allow for 5-foot garage side setbacks have provisions requiring a minimum 15-foot separation between structures on adjacent lots. This clause helps prevent the sense of crowding that would be created by allowing homes to place their foundations 10 feet apart. In the case of6641 Minnewashta Parkway, the neighboring home's side loading garage is setback 27.8 feet from the j side lot line, with the edge of their driveway being setback approximately 8 feet from the side lot line. '•�' The orientation and distance between the two ' r structures will significantly minimize the impact of the reduced side yard setback on the neighboring E p •„oo ` property Staff is typically very hesitant to support requests for side yard setback variances in situations where the property meets the minimum required lot width r and where most of the surrounding properties conform to their zoning district's minimum side yard setback. In this case, staff believes that the proposal is reasonable, will have a minimal impact on the neighboring property, gh g p perry, and that there are no practical alternative configurations that would prevent an encroachment into the required side yard. For these reasons, staff supports the requested side yard setback. Lot Cover The city requires a minimum lot area of 20,000 square feet for riparian properties and limits these properties to 25 percent lot coverage. The applicant's lot is substandard with a lot area of 15,950 square feet. The property currently has a lot coverage of 29.95 percent, or 4,777.1 square feet. When owners propose improvements to properties that have non -conforming lot coverage, the policy is that the existing non -conformity must be reduced; however, there is no formal rule stating how much of a reduction must occur. When the applicant initially brought the proposed project to staffs attention, staff expressed concern that the garage expansion would increase the property's lot cover to approximately 31 percent. Staff also noted that the property has a non -conforming second driveway access and requested that the applicant consider removing a driveway access and its associated lot cover to bring the driveway into compliance with City Code and reduce the non -conforming lot cover. The applicant submitted a revised proposal indicating that they would remove the north driveway access and approximately 550 square feet of lot cover. Further reductions to the size of the driveway are not recommended, as the City Code requires a turnaround on driveways accessing collector roadways to ensure safe vehicular access. This change would reduce the property to 28 percent lot cover, a 1.95 percent reduction to the existing non- conformity. Planning Commission 6641 Minnewashta Parkway — Planning Case 2019-10 September 3, 2019 Page 6 of 7 Once the garage expansion is factored in, the applicant's proposal will remove about 300 square feet of impervious surface I from the lot, approximately 2 percent of the property's lot cover, as well as an additional r jJ 285 square feet of impervious J;* surface located within the public _ right -of --way that is not included in the propery's lot cover allowance. Staff believes that j removing nearly 600 square feet of lot cover associated with the property represents a meaningful attempt to reduce the existing non- conformity. For these reasons, staff supports the 3 percent lot cover variance. Impact on Neighborhood The prevailing character of the houses along the east side of Minnewashta Parkway is that or relatively wide homes situated on shallower lots. Increasing the width of 6641 Minnewashta by approximately 5 feet will not alter the aesthetics of the neighborhood, especially given that there is a large gap between the applicant's home and their neighbor's garage. The largest visual impact of the proposed project would be adding the second -level bonus room above the garage; however, at 19 feet high it is still significantly below the District's maximum height of 35 feet. Additionally, there are also other homes with second story living areas along Minnewashta Parkway. Overall, the proposal is consistent with the general character of the neighborhood and is not expected to negatively impact the area or surrounding properties. Existing SUMMARY Proposed ® - F�* EW� The applicant's proposed project expands the home's abnormally narrow garage while reducing the property's non -conforming lot cover and removing its non -conforming second driveway access. The Planning Commission 6641 Minnewashta Parkway —planning Case 2019-10 September 3, 2019 Page 7 of 7 proposed side yard setback is consistent with the minimum the city requires in order to minimize the chance of runoff adversely impacting the neighboring parcel, and the large distance between the two garages further mitigates the impact of granting the variance. Staff believes the proposed use is reasonable and works to minimize the property's existing non -conformities and avoids unduly impacting neighboring parcels. RECOMMENDATION Staff recommends that the Planning Commission approve a 6-foot side yard setback variance and 3 percent lot cover variance, subject to the Conditions of Approval and adopt the attached Findings of Facts and Decision: 1. The applicant must apply for and receive a building permit. 2. Eaves that are between 2 feet from the property line and less than 5 feet from the property line require a 1-hour fire -resistance -rating on the underside of the projection. 3. The applicant must apply for and receive all necessary permits from the Watershed District. 4. Submit a grading plan that illustrates existing and proposed grades (if any), include drainage arrows that show the direction of stormwater runoff, and include an erosion control plan. 5. Abandon one of the two driveway accesses off of Minnewashta Parkway serving the property and submit removal plans that are in accordance with City Standards. 6. Edge of the garage foundation must be 5 from the south lot line, eaves may project an additional 1 foot. 7. Garage gutter downspouts may not be oriented to the south. Should the Planning Commission deny the variance request, it is recommended that the Planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen Board of Appeals and Adjustments denies the 6-foot front yard setback variance and 3 percent lot cover variance, and adopts the attached Findings of Facts and Decision." ATTACHMENTS 1. Finding of Fact and Decision Approval 2. Finding of Fact and Decision Denial 3. Variance Document 4. Development Review Application and Narrative 5. Survey 6. House Plan Sheets 7. Engineering Memo G:\PLAN\2019 Planning Cases\I9-10 6641 Minnewashta Parkway VAR\Staff Report-6641 Minnewashta Pkw_PC.dm f ['Mang rmernuus Write. Nudd,g 2,169.6 sq I1. oe<vs 2902 sq. It A wear: 1,888.3 sq. 11. Pulb A vil cam. 325 sq. It. Sigeeaik, 104 sq, 1t. load 4.7771 sq, N. load arse 15,950.0 sq. I1. impervious sofa¢ 29.95% 1 1 95e T I N89'47'27"E 134.79 ROAM Ifnie s sadaa' Bu" 2,401 sq. ll. Decks 290.7 sq. It. limy 1,8683 4. 1t. ratio A N;x Cam 250 sq. N. sell 104 sq. It. total 4.933,5 sq, 8. Patel area 15,950.0 sq It. iopen!ous solace 30.93% ce 1 ell I�� IbgAane 15' one hey 6 is Existing y g 1 Story Rombler ! N Wolk—1 s . �6641 PROPOSED " ` A�� t0 LL ADDI(ION" 775 96 89'42'26"E 133.69 Y 1• DEBARS—CARRIE LAND SURVEYORS, 231 ? W. 93ra 5t 4 Bloomington, MN 5 763-559-0908 t>' 612-751-6785 60C®Q W 89l ,If, e.r12 N CERTIFICATE OF SURVEY FOR: Lecy Bros. Homes & Remodeling 0 a.wlw i,W mm tam • Ca�9ln Iwne arMMTI anal..om, H.. t$ Main ob o bN95,1 «w eiM p,m.eNe en..; ® H-Mw AM wan IW` 99lf RMlan- 9193 � Lbupe RN. Ma!I IW` 91i3 Paawn= 919J a 0 c A LAKE MINNEWASHTA Wafer flevolion 00/19 - 944.90' (1929 'Note- Proposed addilian la mulch existing grades See approved huilding plans lot construchan dimensions BenthmlR INN mlukd Vowit' Alai soutvesl Aff erty eater, elevation : 95566 'r it James & Jean Way Residence l n«a6 ae rid ter roe w e Rib Na, otniY r ^eI mien or npwl wv POnd !t q m = 146748 L. .1 . 5W.ie 1 wM r..1 1 o Nry He9lerpef Land Su 7019 N Me Pe Lowe al Me Sloh 0I Minnesota Wa'. 62a/2o9aRe BoW-Page N wnvyM NOY '^e Ia. YX� Scoe, M.N E Poo. Wnn, ee9. N9. 22414 ! "APO SCANNED ONI33001M3N )$ S3WOH a.e sew-rw-a �(' 1 �f 9YE55 Ka iW t ABM WO i4 4: gs i 2 J O iXX W� mmiag !it I a i a . if; - i u f a b�8 2 3 a � . / ( k : | - )E 0{ ƒ -§ - - � •l...�; on \ %§E \/�\o||; §I.I ■ - ® ..�..• - ; { / 0§@9-I& cz q! !§.Q/': !| ,!•!-;_ ■�■�!■!!,!,!�§|° ' -| |.|; |� z,,;m § _ �. ! §.■ !| § SE F - ! 0-0( Zia L M ! 0 o�� 2 / M\f� ! ® 4e;. • M- § q §a R! .m { \tQ-�© ` !©!||\ ' !,■� §|//| rd /k§\/\)r�/§\ ��\§|| J2�0<'/td;\.�dE« z]\\\�§ �5�•� ©2R°°R®�.=w®/-Qe°:!w! /�!'> h//!|o 3!||#/ G§///G!#|!,\;\#||| § !! ■� § �. !_ | Existing Impervious Surface: Building 2,169.6 sq. ft. Decks 290.2 sq. ft. Driveway: 1,888,3 sq. ft. Patio & Misc. Conc: 325 sq. ft. Sidewalks 104 sq. ft. total 4,777.1 sq. ft. parcel area 15,950.0 sq. ft. impervious surface 29.95% 1 . , __—edgg pt woods ,-. LS e S 9y y it 1. LS pwe\\m9 Ey�sCmq / 89`47'27"E LS e\et 14 Q} 55 3sx—LS' LS — 9 5.. N Proposed Impervious Surface: Building 2,401 sq. ft. Decks 290.2 sq. ft. Driveway: 1,888.3 sq. ft. Patio & Misc. Conc: Sidewalks 250 sq. ft. 104 sq. ft. »Z l fsysc ; zv9, 56111ZN : tiyi7.S CERTIFICATE OF SURVEY Y total 4,933.5 sq. ft. parcel area impervious surface 15,950.0 sq. ft. 30.93% - fy,t c-SK1 a"` us FOR: L e C Bros. ' 1 34.79 Homes & Remodeling ' - o Denotes iron monument ! - -. • Denotes found monument Denotes existing elev. L$ Denotes planting or landscape area with permeable lining �Y Qa Boulder Ret. Wall Top= 951.5 Bottom= 949.5 ---� boulder edging (1) Boulder Ret. Wall Tap= 949.3 Bottom= 949.3 clean —out ' coot. ,y1.5 gn9t;d�k - 41.8 Existing 1 Story Rambler Walk -out #6641 1171 1-1 BENCHMARK- 61fE 133 S892 u- I � Ic"flogstone r. LSji-----�2.3--- LS, d o ' ]Je eo ,. �o NeA� , C % ,/�, 9a9., d� ..:, _ / • x boulder edging � Aa5fi D 0 C K LAKE MINNEWASHTA Water Elevation 7/30/19 = 944.90' (1929 N.G.V.D,) *Note: Proposed addition to match existing grades N See approved building plans for construction dimensions Benchmark: TNH marked 'BENCHMARK" near southwest property comer, elevation = 959.66 Exisiting fFE @ north entry elevation= 951.17 Exisifing garage floor elevation= 956.12 Exisi6ng basement @ walk -out elevation= 949.41 James & Jean Way �esidence garden DEMARS—GABRIEL File No. 1 hereby certify that this survey, plan or report was prepared by me or under 7¢6748 LAND SURVEYORS, INC.. my direct supervision and that 1 am a duly Registered Land Surveyor under the 2317 W. 93rd St. Lows of the State of Minnesota. Revised: 8/01/2019 Name Book -Page Bloomington, MN 55431 As surveyed by me this 30th day of July, 2019. 763-559-0908 Scale 612-751-6785 dec@gwestoffice.net David E. Crook Minn. Reg. No. 22414 1Y—ZO crAlJAIFP°. LS Existing Impervious Surface: Building 2,169.6 sq. ft. Decks 290.2 sq. ft. Driveway: 1,888.3 sq. ft. Patio & Misc. Conc: 325 sq. ft. Sidewalks 104 sq. ft. total 4,777.1 sq. ft. parcel area 15,950.0 sq. ft, impervious surface 29.95% 1 ale�e `fief .43 LS Cn � y0i� 9 f�"tJI _...i LS r �^ BENCHMARk LEGAL DESCRIPTION: �we1F�9 �x5�ie9 Y N89047'27"E I134.79 (meas.)' I I edgE 0 WODaS LS 41.8 Existing s 1 Story Ramble Walk —out #6641 3 LS 1 m Lot Two (2), 9odc Seven (7), RfASANT ACRES, EXCEPTING therefrom: That part of lot 2. Black 7, PLEASANT ACRES, Carver County, Minnesota, lying south of aline drawn Easterly and parallel with the North line of mid Lot 4 from a point in the West line of mid Lot 2, distant 110 feet Southerly of the Northwest comer of said Lot 2. mid parallel line being extended Easterly to the shores of Lake Minnerashta =^ PROPOSED � o - 4J ADDITION* S89042'26"E (meas.) Proposed Impervious Surface: Building 2,401 sq. ft. Decks 290.2 sq. ft. Driveway: 1,888.3 sq. ft. Patio & Misc. Conc: 250 sq. ft. Sidewalks 104 sq. ft. total 4,933.5 sq. ft. parcel area 15,950.0 sq. ft. impervious surface 30.93% z Y raider flagstone LS — — -52.3- — - - 00 o Ls Tao 00 f� o z L S P i S boulder edging N CERTIFICATE OF SURVEY FOR: Lecy Bros. Homes & Remodeling a Denotes iron monument • Denotes found monument ... Denotes existing elev. LS Denotes planting or landscape area with permeable lining Boulder Ret. Wall Top= 951.5 Bottom= 949.5 © Boulder Ret. Wall Top= 949.3 Bottom= 949.3 Lwlwl: in LAKE MINNEWASHTA Water Elevation 7/30/19 = 944.90' (1929 N.G.V.D.I rn "Note: Proposed addition to match existing grades N See approved building plans for construction dimensions Benchmark: TNH marked "BENCHMARK" near southwest properly comer, elevation = 959.66 Exisiting FIFE 0 north entry elevation= 951.11 Exisiting garage floor devotion- 956.12 Exisiling basement 0 walk -out devalifti 949.41 L; James & Jean Way Residence- DEMARS—GABRIELi garden - File No. I hereby certify that this survey, plan or report was prepared by me or under LAND SURVEYORS, INC. my direct supervision and that / am a duly Registered Land Surveyor under the 14674E 2317 W. 93rd St. Laws of the State of Minnesota. Revised: 8/01/2019 Name Book -Page Bloomington, MN 55431 As surveyed by me this 30th day of July, 2019- Revised: 8/23/2019 Description & Misc. 763-559-0908 612-751-6785 oce Scale dec@gwestoffice.net David E. Crook Minn. Reg. No. 22414 1 "-20 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MNNESOTA) (ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on August 22, 2019, 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 to consider a request for a variance to replace and expand an existing garage at 6641 Minnewashta Parkway, Planning Case No. 2019-10 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. Kim I Me 'ssen, DeputyK Jerk Subscribed and sworn to before me thiiz)�)rMay of 2019. Notary Public lot JEAN M STECKUNG `, SCANNED Nobq RbYo-Mkxreeota iffWoa�eWon�JMi1 /02l This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, backing or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Stables §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnity, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the users access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free. and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subc. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnity, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the users access or use of data provided. ((TAX NAME» ((TAX_ADD_L1)) ((TAX_ADD_L2)), ((TAX_ADD_L3u «Next Record»«TAX_NAME» «TAX_ADD_LU aTAX_ADD_L2»,((TAX_ADD_L3» Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 3, 2019 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. To consider a request for a variance to replace and expand Proposal: an existing garage. Zoned Single Family Residential District RSF. Property Owner: James Way Property 6641 Minnewashta Parkway Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2019-10. If you wish to talk to someone about this project, please contact MacKenzie Questions & Young -Walters by email at mwaltersoci.chanhassen.mn.us Comments: or by phone at 952-227-1132. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign u I 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 SOD feet of the subject site to be notified of the application in writing. My irneresled party is invited to attend the meeting. • Staff prepares a report on the subject applicatOn that includes all pertinent information and a recommentlation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommentlation. The item will be opened for the public to speak about the proposal as a pan oft" 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 commerciallinduslnal. • 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 spokespersonlrepresentatwe is encouraged to provide a contact for the city. Often developers ere encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Bemuse the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will W included in the report to the City Couni If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 3, 2019 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. To consider a request for a variance to replace and expand Proposal: an existing garage. Zoned Single Family Residential District RSF. Property Owner: James Way Property 6641 Minnewashta Parkway 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 What Happens steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2019-10. If you wish to talk to someone about this project, please contact MacKenzie Young -Walters by email at mwalters(Mci.chanhassen.mmus Questions & or by phone at 952-227-1132. If you choose to submit Comments: written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/noti me to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews. Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Coda Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on Me subject application that includes all Pertinent information and a recommentlation. These reports ere available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a pan of the hearing process. The Commission will close the public hearing and discuss Me item and make a recommendation to the City Council. The City Council may reverse. affirm or modify wholly or partly the Planning Commission's recommentlation. Rezonings, land use and code amendments lake a simple majority vole 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. My 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 spokesperso irepresentative is encouraged to provide a contact for the city. Often developers are encouraged W meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Bemuse 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 W have something to be included in the report, lease contact the Planning Stall person named on the nolifcatim. PIN TAX NAME TAX _ ADD _L1 TAX_ADD_L2 TAX_ADD_L3 SHAPE 250051200 LAKE WEST DEVELOPMENT LLC 14525 HIGHWAY 7 N 265 MINNETONKA MN 55345 256150480 SHERRY HAGA 310 8TH ST S APT 310 FARGO ND 58103 3820 LESLEE CURV 256150500 WARREN C MACFARLANE III 3800 LESLEE CURV EXCELSIOR MN 55331-9630 3800 LESLEE CURV 256150180 KRISTOPHER D & DAWN M KNOX 3801 LESLEE CURV EXCELSIOR MN 55331-9631 3801 LESLEE CURV 256150490 MICHELLE HANSON KRAFVE 3810 LESLEE CURV EXCELSIOR MN 55331-9630 3810 LESLEE CURV 254810010 TERRANCE & SANDRA THOMPSON TRUST 3820 LINDEN CIR EXCELSIOR MN 55331-7727 3820 LINDEN CIR 256150470 BRIAN MAY 3830 LESLEE CURV EXCELSIOR MN 55331 3830 LESLEE CURV 256150550 MARGARET ELLEN YOUNG 3830 MAPLE CIR EXCELSIOR MN 55331-9642 3830 MAPLE CIR 256150460 DAVID M FROEHLING 3840 LESLEE CURV EXCELSIOR MN 55331-9630 3840 LESLEE CURV 256150560 KRISTEN M FIREHAMMER 3840 MAPLE CIR EXCELSIOR MN 55331-9642 3840 MAPLE CIR 256150140 MARY L KNUTSON-ROGERS 3851 LESLEE CURV EXCELSIOR MN 55331-9631 3851 LESLEE CURV 256150130 JAMIE HALL 3861 LESLEE CURV EXCELSIOR MN 55331 3861 LESLEE CURV 254850020 THOMAS CASEY O'NEILL 3931 LINDEN CIR EXCELSIOR MN 55331-7725 6600 ROCKY ISLAND LN 254800040 MINNEWASHTA CREEK HOMEOWNERS 3950 LINDEN CIR EXCELSIOR MN 55331-7703 258740020 ADAM A DIRLAM 6561 MINNEWASHTA PKWY EXCELSIOR MN 55331-9655 6561 MINNEWASHTA PKWY 254850030 FERDINAND T SIAGIAN 6590 ROCKY ISLAND LN EXCELSIOR MN 55331-7704 6590 ROCKY ISLAND LN 254800020 BRYON BEQUETTE 6601 MINNEWASHTA PKWY EXCELSIOR MN 55331-9657 6601 MINNEWASHTA PKWY 254850010 MARY B VAN BEUSEKOM 6610 ROCKY ISLAND LN EXCELSIOR MN 55331 6610 ROCKY ISLAND LN 254800030 THOMAS & MARY ALLENBURG QUAL PERS RES TR 6621 MINNEWASHTA PKWY EXCELSIOR MN 55331-9657 6621 MINNEWASHTA PKWY 256150150 CHRISTOPHER EVERS 6630 MINNEWASHTA PKWY EXCELSIOR MN 55331-9656 6630 MINNEWASHTA PKWY 256150670 KEVIN R & MARY E HOFFMAN 6631 MINNEWASHTA PKWY EXCELSIOR MN 55331-9657 6631 MINNEWASHTA PKWY 256150160 KEVIN P MCGINTY 6640 MINNEWASHTA PKWY EXCELSIOR MN 55331-9656 6640 MINNEWASHTA PKWY 256150680 JAMES A & JEAN WAY 6641 MINNEWASHTA PKWY EXCELSIOR MN 55331-9657 6641 MINNEWASHTA PKWY 256150690 KEVIN J ZAHLER 6651 MINNEWASHTA PKWY EXCELSIOR MN 55331-9657 6651 MINNEWASHTA PKWY 256150700 DANA LJOHNSON 6671 MINNEWASHTA PKWY EXCELSIOR MN 55331-9657 6671 MINNEWASHTA PKWY 256150710 ROBERT M & PATRICIA A JOSEPH 6701 MINNEWASHTA PKWY EXCELSIOR MN 55331-9659 6701 MINNEWASHTA PKWY 250051300 PLEASANT ACRES HOME OWNERS ASSOCIATION PO BOX 12 EXCELSIOR MN 55331 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY OF C� NSEN Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: Au ust 6, 2019 August 22, 2019 August 2, 2019 Contact: Contact Phone: Contact Email: MacKenzie Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Planning Commission Date: City Council Date: 60-Day Review Period Deadline: September 3, 2019 at 7:00 p.m. September 23, 2019 at 7:00 p.m. October 1, 2019 Application: Consider a request for a side yard setback and lot cover variance to remove and replace an existing garage and add a bonus room to be built over the new ara a located at 6641 Minnewashta Parkway. PlanningCase: 2019-10 Web Pa e: www.ci.chanhassen.mn.us/2019-10 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ® Fire Marshal � Watershed Districts: ❑ Minnetonka ® Forester d ❑ Shorewood ® Park Director ❑Carver County WMO ❑ Victoria ® Water Resources ❑ Lower MN River ❑ Law Enforcement ® Minnehaha Creek Adjacent Counties: ❑ Riley -Purgatory -Bluff Creek Carver County Agencies: ❑ HennepinUtilities: ❑ Scott ❑ Community Development ❑ Engineer ❑Cable TV — Mediacom School Districts: ❑ Environmental Services ❑ Electric — Minnesota Valley ❑ Historical Society ❑ Electric —Xcel Energy ❑ Eastern Carver County 112 ❑ Parks ❑ Magellan Pipeline ❑ Minnetonka 276 ❑ Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources Authority ❑ MN Landscape Arboretum ❑ Health ❑ Historical Society ❑ SouthWest Transit ❑ Natural Resources -Forestry ❑ TC&W Railroad ® Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation TO: Eric T. Engineering Don N. Jill Todd H. Water Resources DATE: August 9, 2019 SUBJ: 6641 Minnewashta Parkway Variance Planning Case No. 2019-10 A paper set of the house plans for the above -referenced variance request can be found in the file in MacKenzie's office otherwise they are available to review at the following link: www.ci.chanhassen.mn.us/2019-10 Existing Impervious Surface: =_ g Owefdr9 Building 2,169.6 sq. ft. Decks 290.2 sq. ft. Driveway: 1,888.3 sq. ft. f Patio & Misc. Conc: 325 sq. ft. Sidewalks 104 sq. ft. total 4,777.1 sq. ft. parcel area 15,950.0 sq. ft. 3 impervious surface 29.95% 1 Y N89°47'27"E 134.79 ..4 LS .._. e. LS 9hf.. \� \ \� J1 woods \�� g'pp� rsz e, T ' tS LS - IiLs t LS .6��,� ,.,. "�"MapK77 S8T-42'26"E 133.1 I x 41.8 Existing 1 Story Rambler Walk —out #6641 Proposed Impervious Surface Building 2,401 sq. fL Decks 290.2 sq. ft. Driveway. 1,888.3 sq. IL Patio dt Misc. Conc: 250 sq. fL Sidewalks 104 sq. ft. total 4,933.5 sq. ft. parcel area 15,950.0 sq. ft. impervious surface 30.937 boulder edging _ Lli'.v ..,.. MIR r— — — — -- 52.3— o g BLS J...:, E W. if"� ' \\ r may,! uS.I =.6b flagstone Y q, N CERTIFICATE OF SURVEY FOR: Lecy Bros. Homes & Remodeling 0 Denotes iron monument • Denotes found monument Denotes ezrsting elev. LS Denotes planting or landscape area with permeable lining Q Boulder Ret. Wall Top= 951.5 Bottom= 949.5 Boulder Ret. Wall Top= 949.3 Bottom- 949.3 _-2 LAKE MINNEWASHTA C Water Elevation 7/30/19 = 944.90' (1929 N.G.V.D.) "Note: Proposed addition to match existing grades N See approved building plans for construction dimensions Benchmark: TNH marked )DCHM R * near southwest property comer, elevation = 959.66 Existing RE 0 north entry deration-- 95777 Exdahng garage floc eleva lm= 9%.12 Existing basement 0 walk -out demotion= 949.41 LS yRT James Jean Way Residence DEMARS—GAHRIEL File No. I hereby certify that this survey, plan or report was prepared by me or under LAND SURVEYORS, INC. my direct supervision and that 1 am a duly Registered Land Surveyor under the 14674E 2317 W. 93rd St. Laws at the State of Minnesota. Book -Page Bloomington, MN 55431 As surveyed by me this 30th day of July, 2019. -55-�� 612-751-6785 6785 Scale 612 dec@gwestofflce.net Dcvid E. Crook Minn. Reg. No. 22414 I "-20 t t 4 `a u L ti ('fie V m r w � � = Front Elevation Scale 46" = P-O" Right Elevation J� Scale 4.1 = I'-0" O MATCI I EXISTING ROOFING---------------------------------------------- b I� MATCH EXISTING SOFFIT t FASCIA d) MATCH EXISTING SIDING � m r l.(� � N o mot 0 - e � � Q U E J Bois m 12 3 I� 12 Q 3 12 3 I 1 )L O Y D L o m SL 3 O T - - - - _ - � Existing Main Level Floor Plan, ol o ° 4 0 4 m N Z: u,_ „mm= Scale b" = I'-011 Q �i m E 0 0 0 d^� l Qj 0 0 !Z m -- -- O J L m m L 3 r Rear Elevation Left Elevation Scale ie° = I'-O" Scale foil = I'-O" w Q Q) m w 0 LL Q) l- 7 w c 0 0 m 24'-1015` 0 m L T � m 0 E 2 c ,o � X = UP IS 5 RISERS DOWN 14 RISERS _ Id" R.T. 10" R.T. RAISED FRAMED ` PLATFORM T 'Q 1 2868 (10 ro N NEW GARAGE s mm 4 2 CONCRETE FLOOR OVER A RUBBER MEMBRANE AND H ll W ^ PRECAST CONCRETE PLANKS SLOPE FLOOR 4" TO FRONT m LLFYI �a 7 FOR RUN-OFF F Q 0 V Z J O Z O 0�� CL -------------------------------------------------------� --- -- 1T FLUSH STEEL EEAM: 61ZED BY ENGINEER - ----� _------------Tr- - Y A� „ L 1 � ffi 3In � 1 ^VV\■ � u i 18'-0 WIDE.! -0" HIGH GARAGE DOOR LVL HEADER u 11 40 I+ BY TRUSS SUPPLIER O x _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 2 LL E q lu O U LovW 'r- la U 12'-8" 12'-B' 2 F= U VofflodW U Ua U'U 25 4 13 sadIe k4" a V-011 r�� 111 ��1♦ 1� w��wAA A�w�11\� 1 SCALE V4 = 1'-On 4'-0" 4'-01' 21-0" . 21-011 23'-0" 12 6L 12 12 \ ' BONUS ROOM NEW GARAGE CONCRETE FLOOR OVER PROPOSED 9" STEEL A RUBBER MEMBRANE AND WITH WELDED FLANGE PRECAST CONCRETE PLANKS TO CARRY PRECAST SLOPE FLOOR 4' TO FRONT i FOR RUN-OFF LOWER LEVEL STORAGE 4'-O" 2'-0II 21-011 BUILDING CROSS SECTION 3 STAIR SECTION ¢ WALL SECTION SCALE 44 = I.-Oil_l Ep 2 SCALE 44 = 1'-01I �2j SCALE 4 = 11A11 Imamoa 0 Lower Level Plan I Ii1111111C'S V I��'11111��C'�1111' scat@ 141, a V-01, r- - - - - - - - - - - - - - - - - - - - - - - - - I I I I I I I I I I I I I I I I I I I I I I I I I I L— — — — — — — — — — — — — — — — — — — — I I � v I I I I I I I I I I I I I I I I I I I r — I I I R a I I L" — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — J RamodM Uppers Loves 0 Ran X v v m 25'-4" CXI6 INSULATED DOOR WIN THRESHOLD 4 WEATHBiSTRIPPENG BONUS ROOM UNFINISHED RIL PLUMBING ONLY OPTION INSULATION , SHEETROCK r � n P6060 I CXIb — I� I � I � Way Remodel Plan / Sheet *3 Pc- 2(>(`I-10 • ement #: T211108 Date: 09-23-2019 Time 3:45 PM Pages: 3 Cert # 20824.0 Filing Fee: $46.00 fFR County: Carver State: MN Requesting Party: CAMPBELL KNUTSON PA Kaaren Lewis Registrar of Titles CITY OF CHAN H SSEN OCT 2 4 Z019 CHANHASSEN PLANNING DEPT SCANNED This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2019-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves a 6-foot side yard setback variance and a 3 percent lot coverage variance. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as: Lot Two (2), Block Seven (7), Pleasant Acres, Excepting therefrom: That part of Lot 2, Block 7, Pleasant Acres, Carver County, Minnesota, lying south of a line drawn Easterly and parallel with the North line of said Lot 2, from a point in the West line of said Lot 2, distant 110 feet Southerly of the Northwest corner of said Lot 2, said parallel line being extended Easterly to the shores of Lake Minnewashta. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. Eaves that are between 2 feet from the property line and less than 5 feet from the property line require a 1-hour fire -resistance -rating on the underside of the projection. 3. The applicant must apply for and receive all necessary permits from the watershed district. 4. Submit a grading plan that illustrates existing and proposed grades (if any), include drainage arrows that show the direction of stormwater runoff, and include an erosion control plan. 5. Abandon one of the two driveway accesses off of Minnewashta Parkway serving the property and submit removal plans that are in accordance with City Standards. 6. Edge of the garage foundation must be 5 feet from the south lot line, eaves may project an additional 1 foot. 7. Garage gutter downspouts may not be oriented 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: September 3, 2019 CITY OF CHANHASSEN BY: (S$t1h)% f" - _.- _�jl Elise Ryan, M or ` o _ a :a 9 x AND: - ;; Todd Gerhardt City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thisLOday of 2019 by Elise Ryan, Mayor and Todd Gerhardt, City Manager, of the City of Chanifissen, 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 �NSIKKW6-0 t • 72,,X—� KIM T. MEUWISSENNotary Pub4c innesoteMy cammww Fxpl— den 31, 2025 gAplen\2019 planning cases\l9-03 3617 red cedar point road variance document 19-03.doc pc a0l9 -- to CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of James and Jean Way for a 6-foot side yard setback and a 3 percent lot coverage variance on a property zoned Single -Family Residential District (RSF) - Planning Case 2019-10. On September 3, 2019, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot Two (2), Block Seven (7), Pleasant Acres, Excepting therefrom: That part of Lot 2, Block 7, Pleasant Acres, Carver County, Minnesota, lying south of a line drawn Easterly and parallel with the North line of said Lot 2, from a point in the West line of said Lot 2, distant 110 feet Southerly of the Northwest comer of said Lot 2, said parallel line being extended Easterly to the shores of Lake Minnewashta. 4. Variance Findings— Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The intent of the city's shoreland management ordinance is to protect the city's aquatic resources by establishing a minimum lot size of 20,000 square feet and a maximum lot coverage of 25 percent. These two requirements are designed to work together to allow property owners sufficient lot cover to construct a reasonably sized house and accessory structures while preventing excessive development that could generate unnecessary runoff capable of degrading the lake. In this case, the city must balance minimizing the property's lot cover with allowing for reasonable use of the property. The applicant's proposal to increase the width of their substandard two -car garage is in line with the City ordinance's requirement that all single-family homes have a two -car garage. SCANNED • Additionally, the home has a non -conforming lot cover of 29.95 percent and under the city's Non -Conforming Use Ordinance the applicant would be entitled to continue the existing non -conformity and the ordinance allows non -conforming uses to be modified or improved so long as the non -conformity is not expanded. Since the applicant is proposing to reduce the property's lot cover to 28 percent, the variance is consistent with the intent of the Chapter. The city's zoning code requires minimum side yard setbacks of 10 feet to maintain a neighborhood aesthetic, to prevent structures from directing runoff onto neighboring properties, and to accommodate the presence of landings, eaves, and other common features present on the sides of structures. In this case, the structure on the adjacent parcel is located over 27 feet from proposed garage and conditions are being imposed on the variance to minimize the potential for runoff to be directed onto the neighboring property. Additionally, the variance still provides for the minimum structure setback deemed acceptable to prevent negative impacts on adjoining parcels in other zoning districts. Due to the large distance between the existing structure and placement of the foundation 5 feet from the side lot line, the variance is consistent with the intent of the Chapter. 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: Expanding a 19-foot wide two -car garage to a 24-foot wide two -car garage is a reasonable use for a single-family home, and the existing placement of the 1962 home does not permit the applicant to expand the garage without encroaching into the side yard setback. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is located in an older subdivision and the existing structure does not conform to the current zoning code. The parcel is smaller than the minimum size required for riparian lots zoned RSF. The lot's substandard size and pre-existing house placement means that the garage width cannot be increased without a variance. e. The variance, if granted, will not alter the essential character of the locality. Finding: The prevailing character of the houses along the east side of Minnewashta Parkway is that or relatively wide homes situated on shallower lots. Increasing the width of 6641 Minnewashta by approximately 5 feet will not alter the aesthetics of the neighborhood, especially given that there is a large gap between the applicant's home and their neighbor's garage. The largest visual impact of the proposed project would be adding the second -level 2 bonus room above the garage; however, at 19 feet high it is still significantly below the district's maximum height of 35 feet. Additionally, there are also other homes with second story living areas along Minnewashta Parkway. The proposal is consistent with the general character of the neighborhood and it will not alter the essential character of the locality. 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 #2019-10, dated September 3, 2019, prepared by MacKenzie Young - Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves a variance request to allow a 6-foot side yard setback variance and a 3 percent lot coverage variance, subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. Eaves that are between 2 feet from the property line and less than 5 feet from the property line require a I -hour fire -resistance -rating on the underside of the projection. 3. The applicant must apply for and receive all necessary permits from the Watershed District. 4. Submit a grading plan that illustrates existing and proposed grades (if any), include drainage arrows that show the direction of stormwater runoff, and include an erosion control plan. 5. Abandon one of the two driveway accesses off of Minnewashta Parkway serving the property and submit removal plans that are in accordance with City Standards. 6. Edge of the garage foundation must be 5 feet from the south lot line, eaves may project an additional 1 foot. 7. Garage gutter downspouts may not be oriented to the south. ADOPTED by the Chanhassen Planning Commission this 3rd day of September, 2019. CITY OF CHANHASSEN BY: 04 A A Steven WeicJf, Chairman g:lplan12019 plaming cuu\19-10 6641 mimewashta parkway var\findings of fact and duision 6" 1 miarc,a shta pkw (approval) doc PC (4-to Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swem, on oath says that she is the publisher or the authorized CITY OF I:AANAACC agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- CAItVER & ANHASSE lager and has full knowledge of the facts herein stated as follows: HENNEPCOUNTIES (A) These newspapers have complied with the requirements constituting qualification as a legal NOTICE OF PUBLIC HEARING newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as PLANNING CASE NO.2019-10 amended. NOTICE IS HEREBY GIVEN that the Chanhassen Planning (B) The printed public notice that is attached to this Affidavit and identified as No. Y 7 7 3 Commission will hold a public was published on the date or dates and in the newspaper stated in the attached Notice and said hearing on Tuesday, September Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of 3, 2019 at 7:00 p.m. in the Council the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Chambers in Chanhassen City inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Hall, 7700 Market Blvd. The and publication of the Notice: purpose of this hearing is to consider a request for a variance f to replace and expand an existing abcdeghllklmnopgrsmv garage ona property located _- •_ at 6691 Minnewashta Parkway. Zoned Single Family Residential B District (RSF). Owner: James Way Laurie A. Hartmann A plan showing the location of the proposal is available for public review on the city's web site at www ei.chanhassen. mn.us/2019-10 or at City Hall Subscribed and sworn before me on during regular business hours. All interested persons are invited to attend this public hearing r and express their opinions with thisday of 2019 — JYMME JEANNETTE BARK respect to this proposal. MacKenzie Young. Walters NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 0131!23 Email: mwalters(a,�__-•- ci.chanhassen.mmus Phone: %2-227-1132 N tic (Published in the Chanhassen Villager on Thursday, August 22, 2019; No 47731 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 .............................................. $13.62 per column inch SCANNED • 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2019-10 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 3, 2019 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 replace and expand an existing garage on a property located at 6641 Minnewashta Parkway. Zoned Single Family Residential District (RSF). Owner: James Way. 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/2019-10 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Young -Walters Email: mwalters(dci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on August 22, 2019) gAp1an\2019 planning cases\19-10 6641 minnewashta parkway vw\ph notice to villager.docx SCANNED COMMUNITY DEVELOPMENT DEPAIMENT Planning Division — 7700 Market BoulevardITY Mailing Address — P.O. Box 147, Chanhassen, MN 55317 OF CIMNSEN lec Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: August 6, 2019 August 22, 2019 August 2, 2019 Contact: Contact Phone: Contact Email: MacKenzie Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Planning Commission Date: City Council Date: 60-Day Review Period Deadline: September 3, 2019 at 7:00 p.m. Se tember 23, 2019 at 7:00 p.m. October 1, 2019 Application: Consider a request for a side yard setback and lot cover variance to remove and replace an existing garage and add a bonus room to be built over the new ara a located at 6641 Minnewashta Parkway. PlanningCase: 2019-10 Web Pa e. www.ci.chanhassen.mn.us/2019-10 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ® Fire Marshal Watershed Districts: ❑ Minnetonka ® Forester ❑ Shorewood ® ElPark Director Carver County WMO ❑ Victoria ® Water Resources ❑ Lower MN River El Enforcement ® Minnehaha Creek Adjacent Counties: El Riley -Purgatory -Bluff Creek Carver County Agencies: ❑ HennepinUtilities: ❑ Scott ❑ Community Development ❑ Cable TV — Mediacom ❑ Engineer School Districts: ❑ Environmental Services ❑ Electric — Minnesota Valley El Historical Society ❑ Electric —Xcel Energy ❑ Eastern Carver County 112 El Parks ❑ Magellan Pipeline ❑ Minnetonka 276 El &Water Conservation District El Natural Gas — CenterPoint Energy ❑ Phone — Centuryl-ink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources Authority ❑ MN Landscape Arboretum El Health ❑ Historical Society ❑ Southwest Transit El Natural Resources -Forestry El TC&W Railroad ® Natural Resources -Hydrology ❑ Pollution Control 3Lki�N�� ❑ Transportation �•U(9 - 10 Property Address or Location: Parcel #: Total Acreage: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard CITY OF CHMNSFN Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 G APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: O ZQI PC Dale I l f of CC Date 14 60.Day Review Date: (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative.................................................. $100 ❑ Commerciauindustrial Districts* ...................... $500 Plus $10 per 1,000 square feet of building area: (_— thousand square feet) 'Include number of existing employees: `Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit (_ units) ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot ( lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment ......................................... $150 ❑ Final Plat..........................................................$700 (Includes $450 escrow for attorney costs)' 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ................................................... _ $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ® Notification Sign (city to install and remove)...................................................................................................................... $200 [� Property Owners' List within 500' (city to generate after pre -application meeting) .................................................. $3 per address (�L addresses) _Ls crow for Recording Documents (check all that apply) ........................... ......... $50 per document Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation & Variance ❑ Wetland Alteration Permit El Metes & Bounds Subdivision (3 dots.) ❑ Easements (_ easements) ❑ Deeds d �G D 00 TOTAL FEE: Description of Proposal: tz Q h vC V e- ea �. J a r w` Q ' S r 'I q g`,` 5 e- 1� Q. e(a'i lit GH C- by to tti5 , oo� , o,.. rJ 6e b, : (k oV ni v'�eW c�a�c qe, c, C-k., .. ).m aSS. Legal Description: L o-� 2 I 6 ( o� 1: 7 f Wetlands Present? ❑ Yes ❑ No Present Zoning: Select One Requested Zoning: Select One Present Land Use Designation: Select One Requested Land Use Designation: Select One Existing Use of Property: r e s 1 el #� � 4 ❑Check box if separate narrative is attached. r-I An Property An Section 3: APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: " " e s Q , LrJ . Contact: Address: (e G d lM . h v e ,7 a s { n. k ti Y Phone: Ce i'2 — Z L 2--7 5 City/State/Zip: C a a s E. i Vt.' IT S S 3 3 Cell: S °' V" t Email S o 4 g2 ey vn o • . e -,-x Fax: Signature: Lli _ Date: This applica must be complet m full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: Cdy/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: []Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary forth fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMIT FORM • Thank you for considering our variance We, Jim and Jean Way purchased the home at 6641 Minnewashta Parkway about 25 years ago. What we purchased was a lake front lot that included a house. A fixer upper. The house was built in about 1962. We gutted the interior and totally remodeled the house with the exception of the small attached garage. We also put an addition in the back of the house. We are applying for a variance to build a larger garage which would put our home with the garage about 5 feet from the lot line. We would like to replace the existing garage with a normal/average 2 car garage. From we have determined is our 19 foot wide garage is the smallest garage in this residential area. Many have a 3 car garage. The new garage would be 34 feet from the closest neighbor home just to our South. We believe that with the new garage we would be bringing our home closer to the quality of the surrounding homes. We have discussed our building project with the neighbors. They do support our plan for a larger garage. It is our opinion along with others that our garage project would have no negative effects on the neighborhood. Only positive effects. These are the problem with existing garage. 1. Poor original workmanship. 2. The roof sags in the middle. 3. The Span Crete floor has deep cracks across the full length of the floor. The garage floor is endangered of collapsing and falling in the storage space below. 4. The width of the garage is only 19 feet on the inside. You can get 2 compact cars in the garage which is a tight fit. If you have a passenger, the passenger needs to exit the car before it can be driven into the garage. We would like to replace the garage with a garage with adequate space for 2 cars and some storage. The footprint of the new garage would be about 5 feet wider and about 5 feet deeper. Thank you very much for your consideration of this variance request. w CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 O8/02/2019 11:14 AM Receipt No. 00415718 CLERK: AshleyM PAYEE: James $ Jean Way 6641 Minnewashta Pkwy Excelsior MN 55331- 11 6641 Minnewashta Parkway-- Planning Case No 2019-10 E ------------------------------------------------------- Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 78.00 Total Cash Check 6930 Change c_ ANNE 528.00 0.00 528.00 0.00 6641 MINNEWASHA PARKWAY - PLANNING CASE NO. 2019-10 $200.00 Variance $200.00 Notification Sign $78.00 Property Owners List (26 addresses x $3 each) $50.00 Escrow for recording variance documents $528.00 TOTAL $528.00 Check 6930 from James Way $0.00 BALANCE OWED Existing Impervious Surface: Building 2,169.6 sq. ft. Decks 290.2 sq. ft. Driveway: 1,888.3 sq. ft. Patio & Misc. Conc: 325 sq. ft. Sidewalks 104 sq. ft. total 4,777.1 sq. ft. parcel area 15,950.0 sq. ft. impervious surface 29.95% 1 Fxst°9 Dwe\Gn9 Proposed Impervious Surface: Building 2,401 sq. ft. Decks 290.2 sq. ft. Driveway: 1,888.3 sq. ft. I Patio & Misc. Conc: 250 sq. ft. Y Sidewalks 104 sq. ft. b total 4,933.5 sq. ft. parcel area 15,950.0 sq. ft. impervious surface 30.93% N89047'27"E 134.79 LS edge of woods m --- T clean -out --- N _9LS e — � �oo coot, _ �.5 cant. deck 41.8 LS Existing LS 1 Story Rambler Walk —out \ 5 v 9fj qo 9 o LS __Ls W / l—T1� r BENCHMARK / I LS 0 W 7ADDMONT� 21.0 356 S89042'26"E boulder edging LS ogstone LS ---- 3z.r-- Is 14.0 �a —anr p _ LS z.P s �o g j O boulder edglny e r �epvo4 N CERTIFICATE OF SURVEY FOR: Lecy Bros. Hordes & Remodeling o Denotes iron monument • Denotes found monument Denotes existing elev. LS Denotes planting or landscape area with permeable lining Qa Boulder Ret. Wall Top= 951.5 Bottom= 949.5 Boulder Ret. Wall Top= 949.3 Bottom= 949.3 K L,,e LAKE MINNEWASHTA Water Elevation 7130119 = 944.90' (1929 N.G.H.) 'Note: Proposed addition to match existing grades N See approved building plans for construction dimensions Benchmark: TNH marked 'BENCHMMK' near southwest property comer, elevation = 959.66 Exlsl6ng FFE 0 north entry elevation= 95777 Exisiting garage floor elevation= 956,12 Exiting basement @ walk -out elevation= 949.41 r ✓. da LS 4 �95 James 8c Jean Way Residence garden DEMARS—GABRIEL 1 hereby certify that this survey, plan or report was prepared by me or under LAND SURVEYORS, INC. my direct supervision and that I am a duly Registered Land Surveyor under the 2317 W. 93rd St. Laws of the State of Minnesota. Bloomington, MN 55431 as surveyed by me this 30th day of duly, 2019. Revised: 8/01/2019 Name 763-559-0908 612-751-6785�� dec@awestoffice.net David E Crook Minn. Rea. No. 22414 File No. 14674B Book -Page Scale 1.-2d 3 X� R -- A P ARK�N AY g �$s IgOO mny9_` sG a.Q� PU�ae t - Bilunirious Ik�- yy (q N\, '•' t A" mi G R 11ECGs ti .».�. 24.87 1 �� 1 x. C $ y N (3. (iOfQgP EJ x tll. m - _- -•'_ - b � O Obi � � x-//-SIS- - <-fJ 24 £✓ �' Q i J 6) eO cD G4 < + ^ C v � - Z O I �` e r •tns i� _ Ux'a SP$zoKl g ps? r.N .v_n I r shDmlm (944.5 contour) 0 Cn aA F4 a- � cn �� t z CD lit p s= o q „ C o ^ 3 PDF created with pdfFactory trial version www odffactorv.wm