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CAS-11_2016-11 VAR OWNER: DAVE & JENNIE MELINe co tents ave been sc Do not add anything to it unless it has been scanned. • DocumeoNo. A630575 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Certified Recorded on -July 21. 2016 12:44 PM Fee: $46.00 1111111111111111111Luke C Kranz 6II575 II III County Recorder CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2016-11 Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen the Board of Appeals and Adjustments approves a 13.6-foot shoreland setback variance and a 4.8 percent hard cover variance as shown on the survey prepared by Gregory R. Prasch dated April 20, 2016, revised April 27, 2016, to construct a two-story, house and patio subject to the conditions of the staff report. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 13 and Lot 12 except the East 10 feet thereof, Block 4, Red Cedar Point Lake Minnewashta, Carver County, Minnesota. 3. Condition. The variance approval is subject to the following conditions: a. Landscape materials must be installed to absorb additional runoff on the property. Such landscaping may be at the edge of the patio or on the landward side of the rip rap. A landscape plan shall be submitted in conjunction with the building permit application. b. All trees to be preserved shall be protected with tree fencing located at the dripline or the furthest feasible distance from the trunk. Fencing shall be installed prior to any grading or construction and maintained until construction is finished. 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. cow'do5 0 Dated: June 7, 3016 le. +,.............N ' • \`? 0�� Y�i t S STATh-W MINNESOTA (sS COUNTY OF CARVER CITY OF CHANHASSEN EW AND: 4d � Jjl Todd Gerhardt, City Manager -N'` The foregoing instrument was acknowledged before me thi�I day of uxW__ 2016 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority Wanted by its City Council. L tLA .1L44e_-_n NCITARYY,UBLIC DRAFTED BY: City of Chanhassen j 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 IWKIM T. MEUWISSEN tary Public -Minnesota pmnuawn EVIm jsn 31, 2020 L_ CHANHASSEN PLANNING REGULAR MEETING NNE 7, 2016 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, John Tietz, Nancy Madsen, Steve Weick, and Mark Randall MEMBERS ABSENT: Maryam Yusuf STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Kris & Dawn Knox Dough & Paula Steen Mike Howe Dave & Jennie Melin Court & Jeanne MacFarlane Ladd Conrad Dawne Erhart 3801 Leslee Curve 701 West 96`s Street 2169 Stone Creek Drive 3627 Red Cedar Point Road 3800 Leslee Curve 6625 Horseshoe Curve 9611 Meadowlark Lane OATH OF OFFICE: Chairman Aller administered the Oath of Office to Mark Randall. PUBLIC HEARING: 3627 RED CEDAR POINT ROAD — REQUEST FOR A VARIANCE FOR HARDCOVER AND SETBACK ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 3617 RED CEDAR POINT ROAD, LOT 13 AND LOT 12 EXCEPT THE EAST 10 THEREOF BLOCK 4. APPLICANT: DAVE & JENNIE MELIN. OWNER: ILMARS & KATHLEEN DUNDURS. Generous: Thank you Chairman Aller, commissioners. Planning Case 2016-11 is a variance request from Dave and Jennie Melin. They're requesting variances so they can build a new home on this property which is located on Red Cedar Point. Red Cedar Point is an older subdivision area. A lot of the plats were done in the 1920's, 30's and 40's and so a lot of the lots don't meet ordinance requirements. A lot of the houses don't meet the ordinance requirement. This house was built in 1927. It's approximately 6 feet from it's south property line. Existing conditions, it's a non -conforming status. Under non -conformities you can maintain what's there. Any expansion would have to comply with ordinance so instead of doing that, keeping what they had there they're requesting, they want to tear down the existing house and build a new one on site. They're actually improving the situation immensely from what is existing there. Here's a Chanhassen Planning Co• ission — June 7, 2016 • picture of the house and as you can see to the south of it the house behind it is quite a bit taller. They're proposing a two story building to go on there but it will be back more where that pine tree is in the middle of this picture. On the west side of the property there's a deteriorating retaining wall. As part of this project they would also be rebuilding that so it will meet with the modern code requirements. I don't believe it's over 4 feet so it will just be a zoning permit. The actual request is for a 13.6 foot shoreland setback variance from the 75 foot requirement which is 61.4 feet. This is actually an improvement from the existing house which is 60.8 feet from the high water mark and the setback variance is actually for the patio portion of the house that they're proposing rather than the house itself which would be meeting the 75 foot shoreland setback. Additionally they are requesting a 4.8 percent hard cover variance to permit 29.8 percent hard cover on this site. This is a reduction from 34 percent hard cover which currently exists so we're improving the situation both from setback standards and from the hard cover standard. And again they are moving the new house 10 feet from the side property line so there will be a little separation between this house. This future proposed house and the house to the south. Again looking at the existing survey the orange highlighted area is the non -conforming setback on the west side of the property. Just outlined the existing building footprint. Underneath you can see the 75 foot setback cuts a third of the way into the house so they're moving the future house back at least that far. This is a survey of their proposed development. The red line around it represents the building envelope that complies with all the setback requirements. As you can see their proposed house meets that with the exception of there's a small window well for egress purposes and that encroaches slightly into the 75 foot setback. The side egress window wells are permitted to encroach into that side yard. However our ordinance does not specify that the lake setback is a required yard and so we're including that as part of the variance application and review and approvals. This area is, there's a lot of non -conformities in Red Cedar Point and the ones that show up in X are all the properties that don't meet the shoreland setback requirements. The other ones have other variances or non -conforming issues that are involved in it. I can continue further to the west with this so it would almost completely be redden out so just to understand that setbacks from the lake haven't been maintained as well in there because of the ages of a lot of the houses that went in so. Staff is recommending approval of the variance application and the hard cover variance subject to the plans that are included as part of the staff report and adoption of the Findings of Fact and Decision and with that I'd be happy to answer any questions. Aller: Anyone have any questions at this time? Weick: The deck. Aller: Commissioner Weick. Weick: The deck is included in the hard cover calculation? Generous: The patio yes. 2 Chanhassen Planning Mission — June 7, 2016 • Weick: Or the patio. Generous: Yes. Weick: Okay. And it's part of the setback variance? Generous: Correct. That is the setback variance. Weick: It is the setback. Generous: So we're approving this 64 foot. Weick: Thank you. Aller: Okay. Any further questions at this point? Alright. Again Bob it's a good report. I think that's a tribute again to the staff. We don't have to ask very many questions at this point because we understand what's being presented and for those of you who are present or those of you who are at home that want to take a look at these plans and what's been presented in packages, they're on the City website and you can take a look at those certainly tonight or if this matter goes to the City Council before City Council if you wanted to come down at that point in time. Would the applicant like to make a presentation? Welcome sir. Todd Simning: Commissioners good evening. Todd Simning with Kroiss Development. I think Bob did a good job explaining things. I think we really thoughtfully fit the house on pretty much what's conforming and very little asking of a variance in a sense so I really don't have a whole lot to say unless you guys have some questions to me but we, when we set out to design the house, when we platted out where it needed to be in the conforming sense we really tried to stay within that footprint. Aller: And I think it's pretty clear from the plans and we appreciate that. Any other questions? Great, thank you. Todd Simning: Thank you. Aller: At this point in time I'll open the public hearing. That's an opportunity again for any individual present to speak either for or against the item before us. If you have a comment or question. Seeing no one come forward I'll close the public hearing on this matter and open it up for commissioner comments. And further action. Okay well then I'll entertain any motions that anyone would like to make. Undestad: I'll make a motion. Aller: Mr. Undestad. Chanhassen Planning Coonission — June 7, 2016 • Undestad: That the Chanhassen Board of Appeals and Adjustments approves the 13.6 foot shoreland setback variance and a 4.8 percent hard cover variance as shown on the survey prepared by Gregory R. Prasch dated April 20, 2016, revised April 27, 2016 to construct a two story house and patio subject to the conditions of approval and adopts the Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Madsen: Second. Aller: Thank you. Having a motion and a second, any further discussion? Undestad moved, Madsen seconded that the Chanhassen Board of Appeals and Adjustments approves the 13.6 foot shoreland setback variance and a 4.8 percent hard cover variance as shown on the survey prepared by Gregory R. Prasch dated April 20, 2016, revised April 27, 2016 to construct a two story house and patio subject to the following conditions and adopts the Findings of Fact and Decision: Landscape materials must be installed to absorb additional runoff on the property. Such landscaping may be at the edge of the patio or on the landward side of the rip rap. A landscape plan shall be submitted in conjunction with the building permit application. 2. All trees to be preserved shall be protected with tree fencing located at the dripline or the furthest feasible distance from the trunk. Fencing shall be installed prior to any grading or construction and maintained until construction is finished. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Aanenson: Mr. Chairman I'd just like to remind anybody that might be tracking this item, because this was a super majority unless somebody appeals this decision within 4 days, at the end of 4 days then it would be deemed approved. Aller: Correct. Thank you for bringing that out. And so we'll move onto item 2 on the agenda tonight. PUBLIC HEARING: 3801 LESLEE CURVE — REOUEST FOR A VARIANCE FOR ACCESSORY STRUCTURE IN EXCESS OF 1,000 SQUARE FEET ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 3801 LESLEE CURVE, LOT 19, BLOCK 1, PLEASANT ACRES. APPLICANT/OWNER: KRIS KNOX. 4 PC DATE: 0 7, 2016 9-,1- • CITY OF CHANHASSEN PROPOSED MOTION: CC DATE: June 27, 2016 (if necessary) REVIEW DEADLINE: July 5, 2016 CASE #: 2016-11 BY: RG,TJ, ML, JM, JS, SS "The Chanhassen Board of Appeals and Adjustments approves a 13.6-foot shoreland setback variance and a 4.8 percent hard cover variance as shown on the survey prepared by Gregory R. Prasch dated April 20, 2016, revised April 27, 2016, to construct a two-story, house and patio subject to the conditions of the staff report, and adopts the attached Findings of Fact and Decision." r :1 SUMMARY OF REQUEST: The property owner is requesting a 13.6-foot shoreland setback and a 4.8 percent hard cover variance to allow the re -construction of a single-family home on the property. The principal structure is an existing legal non -conformity because it encroaches on the required shoreland setback and side yard setback as well as exceeding the hard cover on site. LOCATION: 3627 Red Cedar Point Road — Lot 13 and Lot 12 except the East 10 thereof, Blk 4 APPLICANT: Dave & Jennie Melin 7321 Dogwood Road Excelsior, MN 55331 Owner:Ilmars & Kathleen Dundurs 3627 Red Cedar Point Road Excelsior, MN 55331 PRESENT ZONING: Single Family Residential (RSF). 2020 LAND USE PLAN: Residential Low Density (Net density 1.2 — 4.0 units per acre) ACREAGE: 0.27 acres (11,656 square feet) DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION -MAKING: The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all properly owners within 500 feet. 0 Planning Commission 3627 Red Cedar Point Road Variance — Planning Case 2016-11 June 7, 2016 Page 2 of 5 PROPOSAL/SUMMARY The property owner is requesting a variance to construct a single family home on the property with a patio. The existing home encroaches APPLICABLE REGULATIONS Chapter 20, Article H, Division 3, Variances Chapter 20, Article IV, Division 4, Nonconforming Use Section 20-72, Nonconforming uses and structures Chapter 20, Article VII, Shoreland management district Section 20481, Placement, design, and height of structure. Chapter 20, Article XII. "RSF°' Single-family residential district Section 20-615. Lot requirements and setbacks. Chapter 20, Article XXIII, Division 1, Generally Section 20-905. Single-family dwellings BACKGROUND According to Carver County records, the house at 3627 Red Cedar Point Road was constructed in 1922. This structure is 60.8 feet away from the shoreland, or ordinary high water (OHW) level, of Lake Minnewashta. In 1977, Chanhassen's shoreland chapter was first adopted as authorized by Minnesota Statute. The Shoreland Management District section of City Code requires structures on recreational development public waters to be set back 75 feet from the ordinary high water level. The existing structure on the site encroaches into the required 75-foot setback from the ordinary high water level to the south by 14.2 feet. The existing structure encroaches into the required 10- foot side yard setback 3.2 feet. City records show that repairs have been made to the home; however, records do not show that the structure has been expanded since its original construction. ANALYSIS The applicant is proposing to demolish the existing house on the property and build a new house. The new house would comply with the setback requirements, however, the proposed lakeside patio will encroach into the required setback by 13.6 feet (61.4 feet setback an improvement of 0.4 feet) and a small portion of an access window well will encroach into the 75 foot setback. While the proposed redevelopment of the home site will reduce the total hard cover from 34.1 percent to 29.8 percent, it will exceed the hard cover standard of 25 percent by 4.8 percent, thus a variance to the hard cover requirement. Character of the Neighborhood Every property within 500 feet of the subject property is within the 75-foot shoreland setback. Many of the lots in the neighborhood, including the subject site, have shoreland setbacks that do not meet the minimum requirements because the original homes/cabins were constructed in the Planning Commission 3627 Red Cedar Point Road Variance — Planning Case 2016-11 June 7, 2016 Page 3 of 5 early to mid- 1900s, several decades before the shoreland district standards were adopted (1977). The closest structure is within 24 feet of the shoreland, or encroaching 51 feet into the shoreland setback. There are also properties in this area that have constructed homes within the shoreland setback after the district standards were adopted. Staff reviewed city records to determine if variances had been granted within 500 feet of the subject property. Staff found multiple shoreland variances that were granted within 500 feet of the subject property. Approved shoreland setback variances from the 75-foot shoreland setback ranged from 7 feet to 45 feet, creating setbacks from the shoreland of 68 to 30 feet. There have also been four variances granted for side yard setback variances within 500 feet of the subject property. These side yard setback variances have ranged from 1.5 feet to 8 feet, allowing 2-foot to 8.5-foot setbacks. In addition, there has been two front yard setback variance granted. These variances allowed a 12-foot front yard variance from the 30-foot front yard setback requirement, allowing an 18-foot front yard setback and a 9.5 foot front yard setback. Variance Address Description Number 3625 Red Cedar Point 18.5-foot shoreland setback variance for the 09-15 Road construction of a single-family home 20.2 foot front yard setback variance and an 8- foot side yard setback variance for the 08-04 3633 South Cedar Drive construction of a single-family home 22.5-foot front yard setback variance, 15.8-foot 06-04 1 front yard setback variance and a 2.39% hard Planning Commission 3627 Red Cedar Point Road Variance — Planning Case 2016-11 June 7, 2016 Page 4of5 surface coverage variance for the construction of a three -stall garage 22.5-foot front yard setback variance, a 15.8-foot front yard setback variance and a 2.39% hard surface coverage variance for the construction of a 06-04 3633 South Cedar Drive modified modified three -stall garage 19.3 foot front yard setback, a 4 foot lakeshore 04-07 3637 South Cedar Drive setback for the expansion of a single family home. 13-foot front yard setback, 2-foot front yard setback and 5-foot side yard setback variances for the 02-05 3628 Hickory construction of a garage. 11.5-foot front yard variance for the construction of 84-02, 98-07 1 7201 Juniper a home addition Two 7-foot side yard setback variances, a 31-foot 3705 South Cedar Drive lakeshore setback variance and a hard surface 96-04 coverage variance. 15-foot lakeshore and 8-foot side yard setback 93-06 3618 Red Cedar Point Road variances for the construction of a porch and deck 87-15 3725 South Cedar Drive 4.53-foot side vard setback variance 12-foot front yard setback and two 3-foot side yard setback variances for the demolition of an existing cabin and the construction of a new 87-13 3629 Red Cedar Point home. 4.8-foot side yard and 1.8-foot front yard variances 85-20 3624 Red Cedar Point for an addition to a garage. 12-foot front yard, a 2-foot side yard setback variances and a 7-foot shoreland setback for the 83-09 3613 Red Cedar Point construction of a single family home. 11.23 foot front yard setback variance and 7,500 square foot lot area variance of the Shoreland 82-11 3618 Red Cedar Point Management Ordinance. 12-foot front yard, 4.5 side yard, 30 foot lot width, 40 foot lot frontage, and 13.000 square foot lot 80-08 3629 Red Cedar Point area variances 79-02 3613 Red Cedar Point 23-foot front yard setback variance The applicant has worked with staff to minimize the extent of the variance request for their proposal and are actually significantly improving the situation on the property. Not only are they proposing to bring the house into compliance with the side yard and lakeshore setbacks, but they are also reducing the total hard cover from 3,970 square feet to 3,471 square feet, a reduction of 499 square feet. The applicant will also be repairing a deteriorating retaining wall along the south property line. The request is seen as reasonable because the applicant will be improving several existing nonconforming situations on the property. All trees to be preserved shall be protected with tree Planning Commission 3627 Red Cedar Point Road Variance — Planning Case 2016-11 June 7, 2016 Page 5 of 5 fencing located at the dripline or the furthest feasible distance from the trunk. Fencing shall be installed prior to any grading or construction and maintained until construction is finished. Additional, as a condition of approval, the applicant will be required to install plantings to assist in the absorption of runoff. RECOMMENDATION Staff recommends that the Chanhassen Board of Appeals and Adjustments approve a 13.6-foot shoreland setback variance to permit the patio a setback of 61.4 feet and a 4.8 percent hard cover variance for a total hard cover of 29.8 percent to construct a two-story home as shown on the survey prepared by Gregory R. Prasch dated April 20, 2016 revised April 27, 2016, subject to the following conditions: 1. Landscape materials must be installed to absorb additional runoff on the property. Such landscaping may be at the edge of the patio or on the landward side of the rip rap. A landscape plan shall be submitted in conjunction with the building permit application. 2. All trees to be preserved shall be protected with tree fencing located at the dripline or the furthest feasible distance from the trunk. Fencing shall be installed prior to any grading or construction and maintained until constriction is finished. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application 3. Variance Request Narrative by Dave and Jennie Melin 4. Existing Conditions Survey Dated April 6, 2016 5. Proposed Survey Dated April 20, 2016 revised April 27, 2016 6. Kroiss Development, Inc. Plans dated 4-11-16, revised 4-18-16 and 4-28-16 Sheets 1-5 7. Public Hearing Notice and Mailing List g:*Ian\2016 planning cases\2016-11 3627 red cedar point mad variancelslaff report 3627 red cedar pt rddocx 6 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Dave & Jennie Melin for a 13.6-foot shoreland setback and a 4.8 percent hard cover variance to allow the re -construction of a single-family home on property zoned Single - Family Residential District (RSF) — Planning Case 2016-11. On June 7, 2016 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 13 and Lot 12 except the Eat 10 feet thereof, Block 4, Red Cedar Point Lake Minnewashta, Carver County, Minnesota 4. Variance Findin¢s — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The subject site is zoned Single -Family Residential District. The purpose of the request is to re -construct a single-family home. The construction and use is a normal use of a property in a residential district. The variance request is considered reasonable because the applicant will be improving several existing non -conforming situations on the property- 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 applicant's variance request to construct a two-story, single-family home is reasonable. The existing structure encroaches into the 75-foot shoreland and 10-foot side yard setback, but the re -construction of the home will have the house meet both the side and lakeshore setbacks, with only a patio encroaching into the shoreland setback, but less than the existing house. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variation is not based upon economic considerations alone. The stated intent is to construct a comfortable, cottage style single-family with a two car garage. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The existing structure was built in 1922, 55 years before the City of Chanhassen shoreland chapter was adopted, as authorized by Minnesota Statute Chapter 103F and Minnesota Rules, parts 6120.2500 through 612.3900. The applicant is in the process of purchasing the property and thus did not create the non -conformity on the property. They are proposing significant improvements to bring the site closer to compliance with city code. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting of a shoreland and front yard setback variance will not alter the essential character of the locality. Multiple structures in the area encroach into the 75-foot shoreland setback. Many of the lots in the neighborhood have shoreland setbacks that do not meet the minimum requirements because the original homes/cabins were constructed in the early to mid- 1900s, several decades before the district standards were adopted (1977) and the City of Chanhassen was established. There are also properties in this area that have constructed homes/additions within the shoreland setback after the district standards were adopted. The City has granted several shoreland setback variances within the neighborhood that range from 7 feet to 45 feet, or setbacks from the shoreland of 68 feet to 30 feet. The proposed shoreland setback variance will be only a 13.6-foot variance, or 61.4 feet from the shoreland and will not encroach closer to the shoreland than the existing structure. The granting of the hard cover variance reduces the existing hard cover from 34.1 to 29.8 percent. 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 #2016-11, dated June 7, 2016, prepared by Robert Generous, et al, is incorporated herein. 2 6 The Chanhassen Board of Appeals and Adjustments approves a 13.6-foot shoreland setback variance and a 4.8 percent hard cover variance as shown on the survey prepared by Gregory R. Prasch dated April 20, 2016, revised April 27, 2016, to construct a two-story, house and patio subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 7 h day of June, 2016. Cy1IMS)ULMI/Aki 1: M_`f Ia`►I M Chairman a COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 CITY OF CAANHASSEN r / APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: ✓ 5 PC Date: I CC Date: ccla� li� 60-Day Review Date: apply) — —Section 1: Application Type (check all that (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 ElCommercial/Industrial Districts. ...................... $500 Plus $10 per 1,000 square feet of building area: thousand square feet) 'Include number of existing employees: 'Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit (_ units) J❑ Notification Sign (City to install and remove) ..... ❑ 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) Q 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. .................................................................... $200 ❑� Property Owners' List within 500' (City to generate after pre -application meeting) .................................................. $3 per address ( 30 addresses) ❑� Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑� Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 dots.) ❑ Easements( easements) TOTAL FEE: Description of Proposal: Variance for side yard setback, lake side setback and hardcover. Property Address or Location: Parcel #: 256600340 Total Acreage: 0.27 3627 Red Cedar Point road Legal Description: Lot 13 and Lot 12 except the East 10 thereof, Block 4 Red Cedar Pt Wetlands Present? ® Yes ❑ No Present Zoning: Mixed Low Density Residential District ( Present Land Use Designation: Residential Low Density Existing Use of Property: Single family residence ❑� Check box is separate narrative is attached. Requested Zoning: Not Applicable Requested Land Use Designation: Not Applicable MAY 0 5 2011i CHANHASSEN PLANNING DFpi Section 3: Property Owner and Applicant Information 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 ltre 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: Dave and Jennie Malin Contact: Dave Malin Address: 7321 Dogwood Road Phone: City/State/Zlp: Excelsior, MN 55331 Cell: (952) 237.8217 Email: If dave©yahoo.com Fax: Signature: Date: 4127/16 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: 'I Lw.r.)! Y� M-1-cC, Contact: Address; -3 1 2 Q •d Cry Q� (l ej Phone: City/State/Zip: Cell: Email: — zs— ?--ir-r� , , tc `, Fax: y This application must be completed In full and must be accompanied by all Information and plans requlred 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: Todd Simning ❑ Applicant Via: F] Email ❑ Mailed Paper Copy Address: 2145 Wynsong Lane ❑ Engineer Via: []Email ❑ Mailed Paper Copy City/State/Zip: Chanhassen MN 55317 ❑ Other` Via: Rj Email ❑ Mailed Paper Copy Email: todd.simning@kroissdevelopment.com INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing (required). Ls FORM PRINT FORM SUBMIT FORM Ll- 3627 Red Cedar Point Road, Excelsior, MN 55331 Variance Request To whom it may concern: We are requesting a variance request for side yard setback, lake side setback and hardcover. This area is one of the old parts of Chanhassen which have many smaller lots on Lake Minnewashta. Most all structures in this area do not comply with current setback and hardcover ordinances. Additionally, many of the newer structures that have been built or altered in recent years have been given variances similar to what we are asking for. Currently, the existing hardcover is 34.1 %, there are side yard setbacks on the west side of lot at 7.2 feet and 6.8 feet and the structure is 60.8 feet from the OHW. We are seeking: 1. Lake side setback of 61.4 foot for a flagstone patio, pergola and egress window well. The pergola footings will be set at 63.4 feet from the OHW. The main house structure will actually set back 75.3 feet from the OHW. The egress window well in the rear is well within the flagstone patio and 73 feet from the OHW. 2. Hardcover will deviate from existing code by 4.1 %. We are requesting hardcover to be 29.8% based upon our submitted plan. This lot are very difficult to design a house on that would meet all of the city requirements. We are not designing a big McMansion, but rather a comfortable cottage style house with a two car garage, kitchen, great room, informal dining, study and mudroom on the main floor. There are 3 bedrooms and two baths up along with the laundry. In the lower level we have two bedrooms and a rec area. It was not our intention to over build in this area. We really wanted something that would fit into the harmony of the existing neighborhood. Our new house and patio will not stick out past any others on the lake side. The adjacent properties decks are right in line with our pergola and patio. We specifically designed the house to fit well so that the egress wells would not be on the west side wherein there would be two structures very close to each other. Lastly, our house might seem to be dwarfed a bit by the two adjacent structures. Both of the adjacent properties are 21.7 and 15.7 set back from the front / road side while we will comply with the 30 foot current code. And they are much taller than what we are proposing. We did a very good job of balancing size, setbacks and hardc @ep UNM- RECEIVED MAY 0 " , Zu CHANHAMN PLANNING DEPT 6 within the vernacular of the neighborhood. We feel as though this will be a wonderful addition and complimentary to the entire neighborhood. Sincerely, Dave and Jennie Melin Ci-Y OFCHANHASSEN RECEIVED MAY 0 g 2016 CHANHASSEN PLANNING DEPT The Gregory Group d.b.a. LOT SURVEYS COMPANY, INC. Established in 1962 LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73rd Avenue North (763) 560-3093 Minneapolis, Minnesota 55428 Fax No. 560-3522 §Ururgorz 01.1yPrtifirate Basis for EX15TING CONDITIONS 5URVEY FOR: assumed hearings KROISS DEVELOPMENT Property located in Section 8, Township 116, Range 23, Carver County, Minnesota. Address: 3627 Red Cedar Point Road, Chanhassen, MN Benchmark: Invert of Sanitary Manhole in front of Lot Elevation = 937.30 feet INVOICE NO. 84989 F.B.NO. 1086-64 SCALE: 1" = 20' • Denotes Found Iron Monument O Denotes Iron Monument x000.0 Denotes Existing Elevation Denotes Existing Contour Building Setback Requirements: Front - 30 feet Side -10 feet OHW - 75 feet (ordinary high water) EX15T/NG HARDCOVER Residence = 2 (39 sq.ft Drive B Walks = l83 / sq. ft Total Hardcover - 3970 sq. ft Area of Parcel to OHW = l l 656 sq, ft Percentage of Hardcover = 34. l % wow-w_wvzrn=d Wires Power -w 0y 9hry /-950.34 100 95\ tnop937.30 - - 9j2.fx �q- nhole 1QED CHAR P - -_ OIA/T 84'50''�)" ROAD n / , 95 . W '8s.00 Hydran v' I i I II /3/�G I Ib r 3Sp U1 \n 959.0 / I +r II l / I l7"tr e""i _ 950.3 I Y ' II \ 9 .- - I 949.4 949.E Setback / I 9 u c 1 19.7 �/3,1J}t/dmg Line 950.2 ` -..�. // gar i 0 950.9 7.2 \ garN 1 j 950.4 .,, b v SIT it T�nous / lam_/�\ \.455.5 1 --- -11 - .950G 2 5t r frame 0o.309 y / u 954.6 1 I r Iv porch m _ P . 9g2 Z o n y e t el \ /"j'""" 2-3tory Frame 95 /. / I 111::: No.3625 I < door 5111 952J r� / v 1-Story Prams NO: 3627- 4-- n-'- J door sit; 9. 53.0 I , I 951.5 i -I' 949.50 -------1-------� --- ' 1 form,4n'On - 9 945.1 CITYOFCHANHASSEN i RECEIVED 9A5 MAY U 6 2016 CHANHASSEN PLANNING DFpr 951 _ N ev-lin�e�_ Rip ---- -ZJ 5horchne LAKE MINNEWA5N7A Lot 13 and Lot 12 except the East 10 feet thereof, Block 4, RED CEDAR POINT LAKE MINNEWASHTA Carver County, Minnesota. Drawn By 0516 -IW Name Rcplm-12-13-4fb 108664inv84989.dwg F M P 10.2 Porch p Deck Deck �n O1951.7 N z- I -95/ -�---- O --�'- 950 - ----- I � I o ----I--946 - 4--------I /O I ~ ---{-- 947 _ I I avnd rro�i - 946- - - - - - - - - - - - - r45.8 �---{'- 945 - - - - - - - - ---- -� -944.5-_- OMinary High Water = 944.5 l 00 Year Flood per FEMA 945.0 The only easements shown are from plats of record or information provided by client. I certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed land Surveyor under the laws of the State of Minnesota. Surveyed this 6th day of April 2016. Signed Grego R Pre h, Minn. Reg. No. 24992 0 The Gregory Group d.b.a. LOT SURVEYS COMPANY, INC. Established in 1962 LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73rd Avenue North (763) 560-3093 Mem.apolls, Minnesota 55428 Fax No. 560-3522 3ury riprs Trrftfirate Basis for SITE PLAN SURVEY FOR: bearings is assumed KROISS DEVELOPMENT Property located in Section 8, Township 116, Range 23, Building Setback Requirements: Carver County, Minnesota Front - 30 feet Side - 10 feet Address: 3627 Red Cedar Point Road, Chanhassen, MN OHW - 75 feet (ordinary high water) Benchmark: Invert of Sanitary Manhole in front of Lot Elevation = 937.30 feet ..zw %,—wtop _w_.�w_ws0✓erw Yreati Ngrig;�. yoM y5p pht 9y\ Inn. 59 9fl .0 2-5torY Frame � 1 No.362� l 1 \ 1 \ I 1 I 1 I xv �D.G 954.8 \ 1 porch t m Gook _ INVOICE NO. 85052 F.B.NO. 1086-64 SCALE: 1" = 20' Denotes Found Iron Monument O Denotes Iron Monument x000.0 Denotes Existing Elevation Denotes Existing Contour 954.G2 Proposed First Floor 954.1 Proposed Top of Block. 953,25 Proposed Garage Floor 944.8 Proposed Lowest Floor Type of Building Fullba5ement PROPOSED HARDCOVER Residence = 2196 sq.ft Front Porch = 110 sq.ft Patio = 371 sq.ft Sidewalk = 56 sq.ft Drive & Ex. bituminous = 738 sq.ft Total Hardcover = 3471 sq.ft Area of Parcel to OHW = 11656 sq.ft Percentage of Hardcover = 29.8% Power 9.34 90 9h0 "o ; RED CEDAR POINT ROAD h '50'�0�- � .Tsnn9 Guns �--- br none 949. r O i' Hydranp I V stone pavers N w/grass l 7"tr�e 949.E - 949.4 To PO1- J.4 13'0"- - ' —► lag^ 5---- i B.6 'Pr oposed 4 Wkndow well J� Residcnc4 P II window Wall window well 57'0., F can 18ltio ? Flagstone p 2e"tree 951 - - , _ -" \ --------„I _to 0 7/ loud1 n • 9S0 � fl9 2-5tofy Frame No.3625 /a/ Porch c) Deck Deck O ry 7I-95/.7 950 --tr----- �949. --949--� ------ v ZA ---�--946 - -------- 9yD w -- ----- " - -- lO I 947 - -- ' �f ---- ----�-------- 946------------- N 8 i_24'3fY __---- --- -� G _ 944.5 e Y i t nv� RIG - - - -- 1 --- 9A��945 / - -TJ'u r07 ------ -- - 9A6 9A5 CITYOFCHANHASSEV --- RECEIVED ------------------ MAY U B 2U16 CHANHASSEN PIANNI N-Un F h r 5horchne LAKE NIINNEWA3N7A Lot 13 and Lot 12 except the East 10 feet thereof, Block 4, RED CEDAR POINT LAKE MINNEWASHTA Carver County, Minnesota. 7-16 pro o5ed qracle5 Drawn By 9JP File Neme Rcplm-12-13-4inv85052siteplan.dwg Ordinary High Water = 944.5 100 Year Flood per PEMA 345.0 The only easements shown are from plats of record or Information provided by client. I certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duty Licensed land Surveyor under the laws of the State of Minnesota. Surveyed this 20th day of April 2016. 4" Signed Greg . Prasch, Minn. Reg. No. 24992 :::::::: UUUU I II III II I II III 11 LAKE 517E ELEVATION II III II I II III II I ♦a=,. � .. _J 0710FCAN ,t C I ii iii ii I I ii iii ii I "'H^ssCr, I II III II I RECEIVED ', '�' "; III 1--1__J L1 MAY 0 6 2016 LEFT ELEVATION RIGif ELEVATON ". - -1 .nlmm:mnnn. nimmm�mnnmL mlmnnntnlmmmll ■� ■■' mi °Ima ■■ ■■ ■■ ■■ ■■ ■■ imli�° lin�i'—�.---�ni1 iii, ■■I ■■ ■■ ■■ ■■ ■■ ■■ ■■ wmr mlum mm mm' /Inml. ��� mm mm. mluml. U�ni � �mnumuml� ..rnlmm a: n I.Inu.I.Wa.n M. ��N �� ® , Ian• OWmm� W.M.mmmm�� nil SON III w: ■■ ■■ I�"� ' ,I 1 �illlllllllllilllllllllllll d�� .�� .d�®� � i � i � �. 1 - I. r PAnO ABOVE- I F. 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I9T o/c BUILDING SECTION n 6UILDING 5ECnON c 5 Yh[✓- I CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) 1, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on May 26, 2016, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of a request for a variance for hardcover and setback on property zoned Single -Family Residential (RSF) and located at 3627 Red Cedar Point Road — Lot 13 and Lot 12 except the East 10 thereof, Block 4 — Planning Case 2016-11 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this -214 day of 00A 2016. otary Public r Kim T. Meuwissen, Deputy Clerk "> v JEklmiE3 ANN POTTER Wmary?ublic-Minnesota M, G .••:,Sin =M+« Jan 31, 2020 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 7, 2016 at 7:00 P.M. This hearing may not start until later in the evening, de ending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a variance for hardcover and setback on property zoned Sin le -Family Residential (RSF). Applicant: Dave & Jennie Malin Property 3627 Red Cedar Point Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2016-11. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at bcenerousCcDci.chanhassen.mn.us or by phone at Comments: 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Fan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Fanning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a re commendation. These reports are available by request. Al the Fanning Commission meeting, staff will give a vert el overview of the report and a recommendation, The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose 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 pally the Fanning Commission's recommendation. Remnings, IarW use and code amendments take a simple majority vote of the City Coundl except rezonings and land use amendments from residential to commercmiAndustrial. • Minnesota State Statute 519,99 requires all applications to be processed within Sg 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 Fanning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Fanning Commission holds the public hearing. the City Council does not. kinules are taken and any correspondence regarding the application will be induced In the report to the City Council. ff you wish to have something to be induced in Me report, lease contact the Plannina Stag person named on the notification. Date & Time: Tuesday, June 7, 2016 at 7A0 p.m. This hearing may not start until Taxpayer Name Taxpayer Address �TaxpayerCity-State-Zip ANVER L & ANNE K LARSON 3705 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 3625 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 3629 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 3701 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 BETSY S ANDING CATHERINE J BLACK REV TRUST DANIEL P FAGAN DANIEL R FAGAN 3701 SOUTH CEDAR RD EXCELSIOR, MN 55331-9688 DIANE LEESON ANDING 3618 RED CEDAR POINT RD EXCELSIOR, MN 55331-7720 DOUGLAS B & JAMIE ANDERSON 3607 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 EDWIN L & LIVIA SEIM 292 CHARLES DR SAN LUIS OBISPO, CA 93401-9204 GARY ALAN PETERSON 1769 20TH AVE NW NEW BRIGHTON, MN 55112-5433 GREGORY & JOAN DATTILO 7201 JUNIPER AVE EXCELSIOR, MN 55331-9614 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR, MN 55331-9768 GREGORY G & JOAN S DATTILO 7201 JUNIPER EXCELSIOR, MN 55331-9614 GUNTHER LIVING TRUST 3628 HICKORY RD EXCELSIOR, MN 55331-9766 ILMARS ERIK DUNDURS 3627 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 JEAN D LARSON 3609 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 JILL D HEMPEL 3707 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 KEITH H & FRANCES M PAAP 3601 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 KELLIE 1 GEIGER 3603 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 MARIA P KNIGHT 3605 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 MARY 10 ANDING BANGASSER 3633 SOUTH CEDAR DR EXCELSIOR, MN 55331-9686 MICHAEL L CORRIGAN 3711 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 PATRICIA SOUBA 431 PRAIRIE CENTER DR #114 EDEN PRAIRIE, MN 55344-5376 PAUL REIMER 14455 WESTRIDGE DR EDEN PRAIRIE, MN 55347-1700 PETER & KARRI J PLUCINAK 3631 SOUTH CEDAR DR EXCELSIOR, MN 55331-9686 RICHARD B & MARIANNE F ANDING 3715 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9766 SCOT LACEK 3630 HICKORY RD STEVEN E & MARSHA E KEUSEMAN 3622 RED CEDAR POINT RD EXCELSIOR, MN 55331-7720 MINNETONKA, MN 55343-8966 STEVEN P & LAURIE A HANSON 5901 CARTER LN BONITA SPRINGS, FL 34134-9161 SUSAN S PROSHEK REV TRUST 3490 MORNING LAKE DR #201 EXCELSIOR, MN 55331-9686 THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR DR L June 20,06 Dave & Jennie Melin 7321 Dogwood Road CITY OF Excelsior, MN 55331 �Re: SENS�K Planning Case #2016-11, Variances ilHl�I� 3627 Red Cedar Point Road 7700 Market Boulevard PO Box 147 Dear Dave & Jennie Melin, Chanhassen, MN 55317 This letter is to confirm that on June 7, 2016, the Chanhassen Board of Appeals Administration and Adjustments approved a 13.6-foot shoreland setback variance to permit the Phone: 952,227.1100 patio a setback of 61.4 feet and a 4.8 percent hard cover variance for a total hard Fax: 952.227.1110 cover of 29.8 percent to construct a two-story home as shown on the survey prepared by Gregory R. Prasch dated April 20, 2016 revised April 27, 2016, Building Inspections subject to the following conditions: Phone:952.227.1180 Fax:952.2271190 1. Landscape materials must be installed to absorb additional runoff on the Engineering property. Such landscaping may be at the edge of the patio or on the Phone: 952.227.1160 landward side of the rip rap. A landscape plan shall be submitted in Fax:952.227.1170 conjunction with the building permit application. Finance 2. All trees to be preserved shall be protected with tree fencing located at the Phone:952.2271140 dri line or the furthest feasible distance from the trunk. Fencing shall be Fax:952.2271110 p g installed prior to any grading or construction and maintained until Park 8 Recreation construction is finished. Phone:952.227.1120 Fax:952.227.1110 The City will record the variance on the property with Carver County. A building permit must be applied for prior to any construction on the site. The Recreation Center year from the 2310 Coulter Boulevard variance is valid for one Y approval date. A building permit must be Phone: 952.227.1400 applied for prior to June 6, 2017 through the City's Building Department or the Fax: 952.227.1404 variance becomes void. If you have any questions or need additional information, please contact me at (952) 227-1131 or by email at Planning & b enerous(a,ci.chanhassen.mn.us. Natural Resources Phone:952.2271130 Fax:952.227.1110 S Public Works 7901 Park Place Robert Generous, AICP Phone:952.227.1300 Senior Planner Fax: 952.227.1310 c: Ilmars & Kathleen Dundurs Senior Centerec: Phone:952.2271125 Kate Aanenson, Community Development Director Fax:952.2271110 Todd Gerhardt, C hd�it3' Manager Terry Jeffery, Water Resources Coordinator Website Jerry Mohn, Building Official wwwachanhassen.mn.us Mackenzie Walters, Assistant Planner SCANNer. Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Dave & Jennie Melin for a 13.6-foot shoreland setback and a 4.8 percent hard cover variance to allow the re -construction of a single-family home on property zoned Single - Family Residential District (RSF) — Planning Case 2016-11. On June 7, 2016 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 13 and Lot 12 except the Eat 10 feet thereof, Block 4, Red Cedar Point Lake Minnewashta, Carver County, Minnesota 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 subject site is zoned Single -Family Residential District. The purpose of the request is to re -construct a single-family home. The construction and use is a normal use of a property in a residential district. The variance request is considered reasonable because the applicant will be improving several existing non -conforming situations on the property. 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 applicant's variance request to construct a two-story, single-family home is reasonable. The existing structure encroaches into the 75-foot shoreland and 10-foot side yard setback, but the re -construction of the home will have the house meet both the SCANNED 0 side and lakeshore setbacks, with only a patio encroaching into the shoreland setback, but less than the existing house. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variation is not based upon economic considerations alone. The stated intent is to construct a comfortable, cottage style single-family with a two car garage. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The existing structure was built in 1922, 55 years before the City of Chanhassen shoreland chapter was adopted, as authorized by Minnesota Statute Chapter 103F and Minnesota Rules, parts 6120.2500 through 612.3900. The applicant is in the process of purchasing the property and thus did not create the non -conformity on the property. They are proposing significant improvements to bring the site closer to compliance with city code. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting of a shoreland and front yard setback variance will not alter the essential character of the locality. Multiple structures in the area encroach into the 75-foot shoreland setback. Many of the lots in the neighborhood have shoreland setbacks that do not meet the minimum requirements because the original homes/cabins were constructed in the early to mid-1900s, several decades before the district standards were adopted (1977) and the City of Chanhassen was established. There are also properties in this area that have constructed homes/additions within the shoreland setback after the district standards were adopted. The City has granted several shoreland setback variances within the neighborhood that range from 7 feet to 45 feet, or setbacks from the shoreland of 68 feet to 30 feet. The proposed shoreland setback variance will be only a 13.6-foot variance, or 61.4 feet from the shoreland and will not encroach closer to the shoreland than the existing structure. The granting of the hard cover variance reduces the existing hard cover from 34.1 to 29.8 percent. 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 #2016-11, dated June 7, 2016, prepared by Robert Generous, et al, is incorporated herein. 2 DECISION The Chanhassen Board of Appeals and Adjustments approves a 13.6-foot shoreland setback variance and a 4.8 percent hard cover variance as shown on the survey prepared by Gregory R. Prasch dated April 20, 2016, revised April 27, 2016, to construct a two-story, house and patio subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 70' day of June, 2016. CITY OF CHANHASSEN IM Chairman 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2016-11 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, June 7, at 7:00p m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a variance for hardcover and setback on property zoned Single -Family Residential (RSF) and located at 3627 Red Cedar Point Road - Lot 13 and Lot 12 except the East 10 thereof, Block 9. Applicant: Dave & Jennie Melin. Owner. Bmars&Kathleen Dundurs. A plan showing the location of the proposal is available for public review on the City's web site at wwwcLchanhassen. mn.us/2016-11 or at City Hall during regular business hours. All interestedpersons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, ACIS, Senior Planner Email: bgenerousCa ci.chanbassen.mn.us Phone: 952-227-1131 (Published in the Chanhassen Villager on Thursday. May 26, 2016: No. 4263) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended- (B) The printed public notice that is attached to this Affidavit and identified as No.�� was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated w part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghllktmnopgrstuv Laurie A. Hartrnaan Subscribed and sworn before me on this day of 2016 JYMME JEANNME BARK NOTARY PUBLIC - M'NNESOTA MY COMMSSICN Et'PRES DI/TP.6 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 ............................................... S 12.59 per column inch COMMUNITY DEVELOPMENT DE P TMENT Planning Division — 7700 Market Boulevard CITY OF C�ANgASSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 I Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: May 12, 2016 Ma 26, 2016 May 6, 2016 Contact: Contact Phone: Contact Email: Robert Generous, AICP 952-227-1131 benerous@ci.chanhassen.mn.us Senior Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: June 7, 2016 at 7:00 p.m. June 27, 2016 at 7:00 p.m. July 5, 2016 Application: Variance for hardcover and setback on property zoned Single -Family Residential (RSF) and located at 3627 Red Cedar Point Road — Lot 13 and Lot 12 except the East 10 thereof, Block 4. Applicant: Dave & Jennie Melin. Owner: Ilmars & Kathleen Dundurs. Planning Case: 2016-11 Web Page: www.ci.chanhassen.mn.us12016-11 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 ® Park Director ❑ Carver CountyW MO El Victoria ® Water Resources ❑ Lower River a El Law Enforcement ® Minnehha Creek Adjacent Counties: El Riley -Purgatory -Bluff Creek El Hennepin Carver County Agencies: Utilities: ❑ Scott ❑ Community Development ❑ Cable TV — Mediacom ❑ Engineer School Districts: ❑ Environmental Services El Electric — Minnesota Valley ❑ Electric — Xcel Energy ❑ Eastern Carver County 112 ❑ Historical Society El Magellan Pipeline ❑ Minnetonka 276 El Parks ❑ Natural Gas — CenterPoint Energy ❑ Soil & Water Conservation District ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad Authority ❑ Board of Water & Soil Resources ❑ MN Landscape Arboretum ❑ Health ❑ SouthWest Transit ❑ Historical Society ❑ TC&W Railroad ❑ Natural Resources -Forestry ® Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation The Gregory Group dLa LOT SURVEYS COMPANY, INC. 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Pow 944.8 pmpq laaee Fb« *w... rwbasemem PROPOSED HARDCOVER Resldenre-21%NA Front Parch = 110 NA PaW = 371 aq.fl Skevalk = 56 aq.ft Dine d Ev bltumi = 736 wA Total Hardcover = U71 aq.fl Arse 0 Parcel W OHW =116&5 sq.ft Palcanlepe of Hardcover = 29S% RED CEDAR PO/M ROAD - - — - — - s3 1.84'5af0=W 86.00 I ]'bs � II 93p.3 a PORCH 1a'A ,9-9.%- 16'e' a6 WM wen Proposed Residenu 0 1 JO.0 -" 2-Story Fume - t 7..1 No.3625 I ��•� m I- !W-M 6.3 N Cl I 102 _V cirt- ]o.r ; Porch `1H 953. r, � act eck Z--r I-'" -- ' 0.90 �'-- LAB MINNEWA50TA Lot 13 and Iat 12 except the A-.t SO fat thaecC, Block 4, RED CEDAR POINT LAKE MMNEWASHTA Carver Comfy, Mmesom. R,p 12-13M.t5052W@PWA q 100Yrihod /AN9a5.0 ThamRJaremarb shown em how PI.H a awd «Inl«mallon Palaad byA 1v/y M ba plan.P�,«npwt was prepretl In ^a or roar n9dhetl aupen"aon aM mar em a duly LiemaE ISM $laves«aaw day tls W Mhwwm. 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BNIO<r - R.,o .I- - 0-1.p.r • • Taxpayer Name ANVER L & ANNE K LARSON BETSY S ANDING CATHERINE J BLACK REV TRUST DANIEL P FAGAN DANIEL R FAGAN DIANE LEESON ANDING DOUGLAS B & JAMIE ANDERSON EDWIN L & LIVIA SEIM GARY ALAN PETERSON GREGORY & JOAN DATTILO GREGORY BOHRER GREGORY G & JOAN S DATTILO GUNTHER LIVING TRUST ILMARS ERIK DUNDURS JEAN D LARSON JILL D HEMPEL KEITH H & FRANCES M PAAP KELLIE J GEIGER MARIA P KNIGHT MARY JO ANDING BANGASSER MICHAEL L CORRIGAN PATRICIA SOUBA PAUL REIMER PETER J & KARRI J PLUCINAK RICHARD B & MARIANNE F ANDING SCOT A LACEK STEVEN E & MARSHA E KEUSEMAN STEVEN P & LAURIE A HANSON SUSAN S PROSHEK REV TRUST THOMAS C & JACQUELINE JOHNSON Taxpayer Address 3705 SOUTH CEDAR DR 3625 RED CEDAR POINT RD 3629 RED CEDAR POINT RD 3701 SOUTH CEDAR DR 3701 SOUTH CEDAR RD 3618 RED CEDAR POINT RD 3607 RED CEDAR POINT RD 292 CHARLES DR 1769 20TH AVE NW 7201 JUNIPER AVE 3706 HICKORY RD 7201JUNIPER 3628 HICKORY RD 3627 RED CEDAR POINT RD 3609 RED CEDAR POINT RD 3707 SOUTH CEDAR DR 3601 RED CEDAR POINT RD 3603 RED CEDAR POINT RD 3605 RED CEDAR POINT RD 3633 SOUTH CEDAR DR 3711 SOUTH CEDAR DR 431 PRAIRIE CENTER DR #114 14455 WESTRIDGE DR 3631 SOUTH CEDAR DR 3715 SOUTH CEDAR DR 3630 HICKORY RD 3622 RED CEDAR POINT RD 5901 CARTER LN 3490 MORNING LAKE DR #201 3637 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-7720 EXCELSIOR, MN 55331-7721 SAN LUIS OBISPO, CA 93401-9204 NEW BRIGHTON, MN 55112-5433 EXCELSIOR, MN 55331-9614 EXCELSIOR, MN 55331-9768 EXCELSIOR, MN 55331-9614 EXCELSIOR, MN 55331-9766 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-9686 \ EXCELSIOR, MN 55331-9688 EDEN PRAIRIE, MN 55344-5376 EDEN PRAIRIE, MN 55347-1700 EXCELSIOR, MN 55331-9686 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9766 EXCELSIOR, MN 55331-7720 MINNETONKA, MN 55343-8966 BONITA SPRINGS, FL 34134-9161 EXCELSIOR, MN 55331-9686 1 %"-;,, 04 ai"W- -n- z t7&-% Planning Commission • • 3701 South Cedar Drive Variance — Planning Case 2015-07 April 7, 2015 Page 5 of 7 Pursuant to Chanhassen City Code, Section 20-72 (d), "if a setback of dwelling is nonconforming, no addition may be added to the nonconforming side of the building unless the addition meets setback requirements." Even though the proposed expansion will not encroach further into the 75-foot shoreline setback, the addition proposed by the applicant is considered an expansion on the legal nonconforming setback. An increase in building capacity, or increasing the living area of a building is considered an expansion, which is not allowed unless it meets the setback requirements. Variances Granted within 500 Feet of the Property Many of the lots in the neighborhood have shoreline setbacks that do not meet the minimum requirements because the original homes/cabins were constructed in the early to mid- 1900s, several decades before the district standards were adopted (1986). The closest structure is within 45 feet of the shoreline. There are also properties in this area that have constructed homes within the shoreline setback after the district standards were adopted. Staff reviewed city records to determine if variances had been granted within 500 feet of the subject property. Staff found 15 variances that were granted within 500 feet of the subject property, 5 of which were for shoreline setbacks (see Attachment 7). Approved shoreline setback variances ranged from 4 feet to 31 feet, or shoreline setbacks of 71 feet to 44 feet. The map below displays shoreline properties (subject site in yellow, other sites in red) that do not meet the 75-foot shoreline setback. Image 4: Properties within 500 feet of the Subject Property that Encroach on the 75- foot Shoreline Setback Planning Commission • • 3603 Red Cedar Point Road Variance — Planning Case 2015-14 September 15, 2015 Page 13 of 16 Image 11: Properties within 500 feet that encroach into the 75-foot Shoreline Setback Jr� chesunto Shoreland Setback c"ariance Granted Requesting a variance for the construction of a two -stall garage is a reasonable request. The applicant has also worked with staff to minimize the extent of the variance request for their proposal. The request is seen as reasonable because Chanhassen City Code requires newly constructed homes to have a two -stall, attached garage. Furthermore, constructing a garage on this site will not alter the essential character of the neighborhood as 8 of the 11 homes within 500 feet of the subject property have a garage (see Image 12 below). Image 12: Properties within 500 feet that have a garage LI 0 Generous, Bob From: Skancke, Jennie (DNR) <Jennie.Skancke@state.mn.us> Sent: Friday, May 13, 2016 9:52 AM To: Potter, Jenny; Generous, Bob Subject: RE: Agency Review Request - 3627 Red Cedar Point Rd. Looks good to me. I would like to see some planting in front of the stone patio since it encroaches on the OHW setback or on the landward side of the rip rap, other than manicured lawn. But otherwise am pleased to see that the OHW setback is met for the main residence and impervious coverage is decreased. Jennie Skancke - Area Hydrologist (Scott, Dakota and Carver Counties) MnDNR 1 1200 Warner Road I St. Paul, MN 55106 1 T: 651-259-5790 1 ]ennie.Skancke0state.mn.us From: Potter, Jenny [mailto:]Potter@ci.chanhassen.mn.us] Sent: Friday, May 13, 2016 9:10 AM To: schristopher@minnehahacreek.org; Skancke, Jennie (DNR) Cc: Mohn, Jerry; Fauske, Alyson; Littfin, Mark; Sinclair, Jill; Hoffman, Todd; Jeffery, Terry; Generous, Bob Subject: Agency Review Request - 3627 Red Cedar Point Rd. Development Plan Review Agencies: Please review the attached request and respond with your comments (if any) no later than May 26, 2016 to: Robert Generous City of Chanhassen PO Box 147 Chanhassen, MN 55317 952-227-1131 bgenerousAci.cha nhassen.mn.us Replies to the email will be automatically copied to Robert. You can view the project web page that includes a link to the project documents at http://www.ci.chanhassen.mn.us/2016-11. Thank you! Jenny Potter Senior Administration Support Specialist 952.227.1106 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 05/12/2016 12:41 PM Receipt No. 00315293 CLERK: AshleyM PAYEE: Innovation Partners 7321 Dogwood Road Excelsior MN 55331- 3627 Red Cedar Point Road- Planning Case 2016-11 ------------------------------------------------------- Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 90.00 Total Cash Check 1660 Change 540.00 0.00 540.00 0.00