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CAS-11_PLANNING CASE NO. 2019-11EXISTINI HOUSE GARAGE BIT DRIB CONCRF WALKS WALLS A/C TOTAL 2809 / 9! PROPOS EXISTINC PROPOS__ PROPOSED BIT DRIVE EXISTING PATIO CERTIFICATE OF SURVEY FOR LARRY AND SUSAN NOWLIN IN LOTS 26 & 27, BLOCK 4, RED CEDAR POINT LAKE MINNEWASHTA CARVER COUNTY, MINNESOTA TOTAL 2349 / 9545 = 24.61 % =415+- = 179 +- = 2349 +- NOTE: ALL HOUSE DIMENSIONS ARE TO FOUNDATION. LEGAL DESCRIPTION OF PREMISES: Lot 26, and Lot 27, except the westerly 30.0 feet thereof, Block 4, RED CEDAR POINT LAKE MINNEWASHTA w Denotes iron marker found o: Denotes set iron marker Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house, garage, deck, a/c pad, hardcover, and the proposed location of a proposed garage. It does not purport to show any other improvements or encroachments. LAKE IOWN PLAT OCATED 18 MINNEWASHTA 0 20 40 80 SCALE IN FEET DATE REMARKS IherabyosrtllythitthlSplan, spectllnhon•o MW `5-17-19 GRONSERG & ASSOCIATES, INC. —W9 ADDED P SED GARAGwas prepared by me or under my direct $UPON* and that I am a duly Licensed Land Surveyor under 1 -2D' CML ENGINEERS, LAND SURVEYORS, LAND PLANNERS mels ohne u tMl ata. 19-283 445 N. WILLOW DRIVE LONG LAKE, MN 55356 oerE 8- C- 9 MINN. LICENSE NUMBER i lsf _ ' PHONE: 852.473-4141 FAX: 852-473-4435 PLANNING COMMISSION STAFF REPORT Tuesday, September 3, 2019 Subject Consider a Request for a Front Yard Setback and Lot Cover Variance to Construct an Attached Garage on Property located at 3713 South Cedar Drive Section PUBLIC HEARINGS Item No: C.3. Prepared By MacKenzie Young -Walters, Associate File No: Planning Case No. 2019-10 Planner UUITZ1,12 4111371111roun The Chanhassen Board of Appeals and Adjustments approves a 5 -foot front yard setback variance and a 1.83 percent lot cover variance for the construction of an attached garage, subject to the Conditions of Approval; and adopts the attached Findings of Facts and Decision. The applicant is proposing to remove an existing detached one -stall garage and concrete patio area and replace with an attached two -car garage. The existing garage is located approximately 8.2 feet from the front lot line and the property currently has a non -conforming lot cover of 29.43%. The proposed project would increase the front setback to 25 feet and reduce the lot cover to 26.83%. A variance is required due to the fact that the project increases the width of the structure within the front yard setback. The applicant's proposed project modernizes the property while reducing the existing nonconfornities and avoiding the creation of new variances. Staff believes that the applicant has reduced the amount of lot cover as much as is reasonable, and that the proposed addition and two -car garage appropriately balance updating the property with minimizing the required front yard variance. The proposal results m a more modem home with an updated fa*e, increased front yard green space, additional garage and storage space, and reduced non -conformities. (A full breakdown and analysis of the variance request can be found in the attached staff report.) Susan and Larry Nowlin, 3713 South Cedar Drive, Excelsior, MN 55331 SITE INFORMATION SCANNED PRESENT ZONING: Single -Family Residential (RSF) LAND USE: Residential Low Density ACREAGE: .23 acres DENSrrY: NA BACKGROUND In 1985, the city granted a variance for the relocation of a detached one -car garage from a nearby property to 3713 South Cedar Drive with a 15 -foot front yard setback. On October 16, 1985, the city issued a permit for the relocation of the detached garage. The attached survey indicates a 15 -foot front yard setback; however, the garage was actually placed 8.2 feet from the road. On July 12, 2019, the applicant began working with city staff to determine if an addition and attached two -car garage would be feasible. RECOMMENDATION Staff recommends that the Planning Commission approve the 5 -foot front yard setback variance and 1.83 percent lot cover variance, subject to the Conditions of Approval; and adopts the attached Findings of Facts and Decision: 1. The applicant must apply for an receive a building permit 2. The applicant must apply for an receive all necessary permits from the Watershed District. 3. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right-of-way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). 4. The applicant shall include all trees 6 inches dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed. All preserved trees must be protected during construction. 5. One tree will be required to be planted in the front yard if no tree is present at the end of construction. ATTACHMENTS; ❑ Staff Report ❑ Findings of Fact and Decision Approval ❑ Findings of Fact and Decision Denial ❑ Variance Document ❑ Development Review Application ❑ Narrative ❑ Survey ❑ House Plan Sheets ❑ Engineering Memo ❑ Landscaping Memo ❑ Email Comments CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: September 3, 2019 CC DATE: September 23, 2019 REVIEW DEADLINE: October 1, 2019 CASE #: 2019-11 BY: MW "The Chanhassen Board of Appeals and Adjustments approves a 5 -foot front yard setback variance and a 1.83 percent lot cover variance for the construction of an attached garage, subject to the Conditions of Approval and adopts the attached Findings of Facts and Decisions." (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 to replace an existing detached one stall garage and concrete patio area with an attached two -car garage. The existing garage is located approximately 8.2 feet from the front lot line and the property currently has a non -conforming lot cover of 29.43%. The proposed project would increase the front setback to 25 feet and reduce the lot cover to 26.83%. A variance is required due to the fact that project increases the width of the structure within the front yard setback. LOCATION: 3713 South Cedar Drive (PID 256600440) OWNER: Susan and Larry Nowlin 3713 South Cedar Drive Excelsior, MN 55331 PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: .23 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 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. Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 2 of 8 PROPOSAUSUMMARY The existing home was built in 1974 without a garage. In 1985, a 15 -foot front yard setback variance was granted to allow for an oversized one -car garage from a nearby property to be relocated onto this property. When the garage was moved, it was situated approximately 8.2 feet from the front lot line, even though the variance required it to be setback 15 feet. Previous owners added a concrete pad between the home and garage as well as a patio area under the deck resulting in a non- conforming 29.43 percent lot cover. The current owners bought the property in June of 2019 and are undertaking efforts to modernize and upgrade the home. Part of the proposed upgrades involves expanding the master bedroom and replacing the existing detached garage with a two -car attached e Thea licant initially a h`5 Pfie � F \ LOT 25usE � EXCEPTION \ 4 26 \ � •( � g •� � ",P ' 910E1H / O Proposed Garage .� ..._...._a Garage to be removed garag - pp proposed a larger footprint garage and bedroom expansion, which would have required a variance from the property's side yard setback. After consulting with staff, they chose to redesign their project to minimize the variances required and to significantly reduce the property's non -conforming lot cover. The proposed addition and two -car garage would require a 5 -foot front yard setback variance and a 1.83 percent lot cover variance. Since the property currently has a structure 8.2 feet from the front lot line, the equivalent of a 21.8 foot front yard setback variance, and 29.43 percent lot cover, the equivalent of a 4.43 percent lot cover variance, the applicant feels that their proposal significantly reduces the extent of the current non -conformity. Additionally, they note that the City Code requires single-family homes to have a two -car garage and that their proposal would significantly increase the property's driveway length and ability to provide off street parking. Finally, they state that the location of the house on the lot prevents the construction of a two -car Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 3 of 8 garage that meets the 30 -foot front yard setback, similarly the lot's substandard size means it is not possible to construct a two -car garage with an adequate driveway while remaining under the 25 percent lot cover limit. APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article Q Division 3, Variances Chapter 20, Article II, Division 4, Non -conforming Uses Chapter 20, Article VII, Shoreland Management District Chapter 20, Article XII, "RSF" Single -Family Residential District Section 20-615. Lot Requirements and Setbacks. BACKGROUND County records indicate that the house was built in 1974. In 1985, the city granted a variance for the relocation of a detached one -car garage from a nearby property to 3713 South Cedar Drive with a 15' front yard setback. On October 16, 1985, the city issued a permit for the relocation of the detached garage. The attached survey indicates a 15' front yard setback; however, the garage was actually placed 8.2' from the road. On July 12, 2019, the applicant began working with city staff to determine if an addition and attached two -car garage would be feasible. 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 9,545 square feet, and has 2,809 square feet of lot cover. The detached garage has a non -conforming 8.2 foot front yard setback and the southeast comer of the house has a non- conforming 9.5 foot side yard setback, but the house and rear deck comply with the district's other setbacks. Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 4 of 8 NEIGHBORHOOD Red Cedar Point at Lake Minnewashta The plat for this area was recorded in August of 1913. Over the subsequent century, the City of Chanhassen was formed, a zoning code was passed, the zoning code was amended numerous times, and buildings were built, demolished, and rebuilt to meet the standards and needs of the existing ordinances. Additionally, the neighborhood's roads were not always constructed within their designated right of way. In some areas, this has led to portions of buildings being located in the right of way and portions of these roads being located within residents' property lines. Very few properties in the area meet the requirements of the city's zoning code, and most properties either are non -conforming uses or are operating under a variance. Variances within 500 feet: 1978-07 3637 South Cedar Drive: Approved - 19' front setback (garage) 1980-08 3629 Red Cedar Point Road: Approved - 12' front setback, 3' foot side setback, +1.5' side setback for (chimney), 20' lot width, 40' lot frontage, 13,000 square foot lot area (house) 1984-02 7201 Juniper Avenue: Approved - 8.66' front setback (addition) 1984-17 3725 South Cedar Drive: Approved (lapsed) - 4.53' side setback (addition) 1984-18 3707 South Cedar Drive: Approved - 20' front setback (detached garage) 1985-20 3624 Red Cedar Point Road: Approved -1.2' front setback, 4.8' side setback (detached gage) 1985-26 3713 South Cedar Drive: Approved - 15' front setback (detached garage) 1985-27 3701 South Cedar Drive: Approved - 5' front setback 35' lake setback (house) 1987-13 3629 Red Cedar Point Road: Approved - 12' front, 3' side (house) Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 5 of 8 1987-15 3725 South Cedar Drive: Approved - 4.53' side setback (addition) 1991-04 3727 South Cedar Drive: Approved - 79' lot frontage (house) 1996-04 3705 South Cedar Drive: Approved - 3' side setback, 31' lake setback, 50% lot cover (house) 1998-07 7201 Juniper Avenue: Approved - 11.5' front setback (addition) 2002-05 3628 Hickory Road: Approved - 13' front setback (Hickory), 2' front setback (Red Cedar Point), 5' setback (detached garage) 2004-07 3637 South Cedar Drive: Approved - 19.25' front setback, 4' lake setback, 401/o lot cover (addition) 2006-04 3633 South Cedar Drive: Approved - 22.5' front setback, 15.8' front setback, 2.39% lot cover (garage) 2008-04 3637 South Cedar Drive: Approved - 20.2' front setback, 8' side setback (home) 2015-07 3701 South Cedar Drive: Approved - increase existing non -conformity (enclose deck 15' in lake setback) 2016-11 3627 Red Cedar Point Road: Approved - 13.6' lake setback, 4.8% LC (home) 2017-09 3622 Red Cedar Point Road: Approved - Intensify non -conforming by raising garage in side yard setback (garage) ANALYSIS Front Yard Setback The property currently has a 16 -foot by 22 -foot detached garage setback 8.2 feet from the front property line. The applicant is proposing to remove this garage and replace it with a 21 -foot wide attached garage setback 25 feet from the front line. The property also has a wide driveway that extends from the eastern edge of the garage to the west lot line. The portion of this paved area west of the garage extends back approximately 16 feet. The applicant's proposal would remove this paved surface and replace it with a more typical 16 -foot by 26 -foot driveway. The city establishes front yard setbacks in order to prevent neighborhoods from feeling crowded due to structures being Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 6 of 8 located excessively close to the road, to ensure the presence of greenspace, and to provide sufficient driveway length to accommodate off street parking. The proposed project would replace a largely paved and covered front yard that feels like an extension of the street with a traditionally configured driveway flanked by lawn. This combined with increasing the front setback by 16.8 feet will create more of a feeling of separation between the residence and the right-of-way. Finally, replacing the existing parking pad, which can provide off street parking for two cars, with a 16 -foot by 26 -foot driveway, which can also accommodate two cars, will not result in the loss of any off street parting capacity. Replacing the existing one -car garage with a two -car garage will allow the homeowners to store both vehicles in an enclosed environment and free up the outdoor parking spaces for use by guests. For these reasons staff supports the proposed 5 -foot front yard setback variance. Lot Coverage 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 9,545 square feet. The property currently has a lot coverage of 29.43 percent, or 2,809 square feet. When owners propose improvements to properties that have non -conforming lot coverage, the policy is that the existing nonconformity must be reduced, however, there is no formal rule stating how much of a reduction must occur. In this case, the applicants are proposing reducing the lot cover to 26.83 percent, or 2,561 square feet. Reducing the property's lot cover by 2.6 percent, or 248 square feet, represents a meaningful attempt to minimize the property's impervious surface. In order to achieve this reduction, the applicant is removing a portion of driveway that currently extends to the western lot line and is confining their addition to areas currently covered by a concrete patio or the existing one car garage, as well as utilizing a relatively modest 16 -foot wide driveway. LOT 2255 XCEPTiON 4 26 Pmpw D.� _ Pro{nsal8uldlna Fmiprier Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 7 of 8 The applicant's proposed lot cover is confined to the footprint of the home and garage, the driveway, a walkway, and a 179 square foot rear patio located under the deck. Staff does not believe that any of these features are unreasonably large, and recognizes that 2,561 square feet of impervious surface is in absolute terns significantly less than what is allowed on most properties in the city. For example, a lot meeting the single-family residential district's 15,000 square foot minimum lot size would permit 3,750 square feet of impervious surface. For these reasons staff supports the requested 1.83 percent lot cover variance. Impact on Neighborhood Red Cedar Point is one of the oldest neighborhoods in the city. Many of its properties are non- conforming uses, and 20 variances have been given to the 33 properties within 500 feet of 3713 South Cedar Drive. Of those 20 variances, 13 variances were for a reduced front yard setback and four variances were for increased lot cover. Many of the surrounding properties have non- conforming front yard setbacks and lot coverage. Existing Proposed J* The applicant's proposal will not negatively impact the existing neighborhood aesthetic, and replacing the existing detached garage with a more setback attached garage will improve the property's cub appeal. Overall, the proposal matches the general character of the neighborhood and the proposed house facade is similar to what has been constructed on other similarly narrow lots in the area. SUMMARY The applicant's proposed project modernizes the property while reducing the existing non - conformities and avoiding the creation of new variances. Staff believes that the applicant has reduced the amount of lot cover as much as is reasonable, and that the proposed addition and two -car garage appropriately balance updating the property with minimizing the required front Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 8 of 8 yard variance. The proposal results in a more modem home with an updated fagade, increased front yard greenspace, additional garage and storage space, and reduced non -conformities. RECOMMENDATION Staff recommends that the Planning Commission approve the 5 -foot front yard setback variance and 1.83 percent lot cover variance, subject to the Conditions of Approval and adopts the attached Findings of Facts and Decision: 1. The applicant must apply for and receive a building permit. 2. The applicant must apply for and receive all necessary permits from the Watershed District. 3. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right-of-way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). 4. The applicant shall include all trees 6" dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed. All preserved trees must be protected during construction. 5. One tree will be required to be planted in the front yard if no tree is present at the end of construction. 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 5 -foot front yard setback variance and 1.83 percent lot cover variance for the construction of an attached garage, 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 8. Landscaping Memo 9. Resident Emails GAPLAN\2019 Planning Cases\19-11 3713 South Cedar Drive VAR\Staff Report -3713 South Cedar Drive_PC.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Susan and Larry Nowlin for a 5 -foot front yard setback and a 1.83 percent lot coverage variance on a property zoned Single -Family Residential District (RSF) - Planning Case 2019-11. 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 26, Block 4, Red Cedar Point 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 applicant's small lot size means the 25 percent lot cover standard does not allow for a reasonable minimum amount of lot cover. Allowing a modest 1.83 percent lot cover variance to facilitate the construction of a two -car garage on a property that is not overbuilt is constant with the intent of the shoreland management ordinance. Additionally, the home has a non -conforming lot cover of 29.43 percent. 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 26.83 percent, the variance is consistent with the intent of the Chapter. The city's zoning code requires a minimum front yard setback of 30 feet in order to prevent neighborhoods from feeling crowded due to structures being located excessively close to the road, to ensure the presence of greenspace, and to provide sufficient driveway length to accommodate off street parking. The applicant's proposal would increase the property's front yard setback from 8.2 feet to 25 feet, would replace the largely paved front yard with a lawn, and would increase the amount of off street parking on the property. The proposed front yard setback represents a significant reduction to the existing non -conformity and 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: A two -car garage is a reasonable use for a single-family home. In this case, the lots substandard size and pre-existing home placement means that it is not possible for a two -car garage to be placed on the property without a 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 property is located in an older subdivision and the existing structure does not conform to the current zoning code. The parcel is significantly smaller than the minimum size required for riparian lots zoned RSF. The lot's substandard size and pre- existing house placement means that a two -car garage cannot be situated on the lot without a variance. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in one of the city's oldest subdivisions. The vast majority of the properties within 500 feet of the parcel either have received variances or are non -conforming uses. The proposed addition and two -car garage will not alter the essential character of the locality, and will increase the visual appeal of the property. f. Variances shall be granted for earth -sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2019-11, 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 5 -foot front yard setback variance and a 1.83 percent lot coverage variance, subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. The applicant must apply for and receive all necessary permits from the Watershed District. 3. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right-of-way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). 4. The applicant shall include all trees 6" dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed. All preserved trees must be protected during construction. 5. One tree will be required to be planted in the front yard if no tree is present at the end of construction. ADOPTED by the Chanhassen Planning Commission this 3' day of September, 2019. CITY OF CHANHASSEN Steven Weick, Chairman g:\plan\2019 planning cases\19-11 3713 south cedar drive var\findings of fact and decision 3713 south cedar drive (approval).doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of Susan and Larry Nowlin for a 5 -foot front yard setback and a 1.83 percent lot coverage variance on a property zoned Single -Family Residential District (RSF) - Planning Case 2019-11. 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 26, Block 4, Red Cedar Point 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 zoning code's shoreland overlay district was enacted to protect the city's aquatic resources. Allowing the applicant to exceed the district's 25 percent lot coverage limit increases the amount of runoff that will be directed to Lake Minnewashta and is contrary to the intent of the ordinance. The City Code allows owners to improve their properties in ways that reduce an existing non -conformity. Increasing the width of the structure located within the front yard setback exacerbates the visual impact of the existing non -conforming front yard setback and is contrary to the intent of the ordinance. 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: A two -car garage is a reasonable use for a single-family home; however, the house could be remodeled or relocated on the property to allow for the construction of a two -car garage without a 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 pre-existing house placement prevents the proposed garage from meeting the front yard setback. Where the house to be removed or remodeled, a design could be found that met the required setback. Similarly, a smaller footprint home would allow the property to meet the required lot cover limit. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in one of the city's oldest subdivisions. The vast majority of the properties within 500 feet of the parcel either have received variances or are non -conforming uses. The proposed addition and two -car garage will not alter the essential character of the locality, and will increase the visual appeal of the property. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2019-11, dated September 3, 2019, prepared by MacKenzie Young - Walters, is incorporated herein. 2 DECISION "The Chanhassen Board of Appeals and Adjustments denies a variance request to allow a 5 -Foot front yard setback variance and a 1.83 percent lot coverage variance." ADOPTED by the Chanhassen Planning Commission this 3`d day of September, 2019. CITY OF CHANHASSEN M Steven Weick, Chairman g:\plan\2019 planning cascsl9-11 3713 south cedar drive var\flndmgs of fact and decision 3713 south cedar drive (denied) due CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2019-11 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 5 -foot front yard setback variance and a 1.83 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 26, Block 4, Red Cedar Point 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. The applicant must apply for and receive all necessary permits from the Watershed District. 3. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right-of-way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). 4. The applicant shall include all trees 6" dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed. All preserved trees must be protected during construction. 5. One tree will be required to be planted in the front yard if no tree is present at the end of construction. 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 Ew (SEAL) Fau 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)227-1100 g:\plan\2019 planning cases\19-03 3617 and cedar point roadwariance document 19-03.doc PO --�cLj ri -I I COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — Market Boulevard CITY OF CHANHASSEN Mailing Address — P.O,O . Box 147, Chanhassen. MN 55317 Phone (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Dates'' l t- PC Date � I. i CC Date( 3 60 -Day Review Date: iiL 1 (Refer to the appropriate Application Checklist for required submittal information that must accompany this applicefldN ❑ 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 ❑ Commercial/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) ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................$300 5300 ❑ Create over 3 lots ........ ._.......... .$600 + $15 per lot (_ lots) Variance (VAR). ...... .......... . . _........................ ❑ Metes & Bounds (2 lots)..................................$300 Wetland Alteration Permit (WAP) ❑ Consolidate Lots..............................................$150 ❑ Single -Family Residence ............................ ❑ Lot Line Adjustment.........................................$150 ❑ All Others ...................................................... ❑ Final Plat ..........................................................$700 Zoning Appeal. ................................................... S100 (Includes $450 escrow for attorney costs)` Zoning Ordinance Amendment (ZOA)................ 5500 'Additional escrow may be required for other applications through the development contrail. ❑ Vacation of Easements/Right-of-way (VAC)....... 5300 (Additional recording fees may apply) 0 Variance (VAR). ...... .......... . . _........................ $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................ $150 ❑ All Others ...................................................... $275 ❑ Zoning Appeal. ................................................... S100 ❑ Zoning Ordinance Amendment (ZOA)................ 5500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. CONotification Sign (City toinstall and remove) .... _.............. ......... ........... ........................................... ........... _...__.._....- $200 ] Property Owners' List within 500' (City to generate after pre -application meeting) ................................................. $3 per address ( 32 addresses) ❑ Escrow for Recording Documents (check all that apply).... .................................................ess .......... $50 per document El Conditional Use Permit El Interim Use Permit E]Site Plan Agreement ❑ Vacation r❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_easements) ❑ Deeds 3i6 TOTAL FEE: $50.00 Section 2: Required Information Description of Proposal Property Address or Location: Parcel #: 25.6600440 Total Acreage 3713 South Cedar Drive Legal Description. lot 26/27 except westerly 30 feet thereof. Block 4, Red Cedar Point Wetlands Present? ❑ Yes 0 No Present Zoning: Select One Requested Zoning Select One Present Land Use Designation: Residential Low Dens Requested Land Use Designation Residential Low DensityQ Existing Use of Property: residential single family home Ft)Check box if separate narrative is attached. Section 3: Property . Applicant 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 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: Susan and Larry Nowlin Contact. Susan Nowlin Address: 3713 South Cedar Drive Phone: City/State/Zip Excelsior, MN 55331 Cell: (651) 235-6202 Email: susan@pecosconsulti .corn Fax Signature: Date 8/2/19 This application must be completed in 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: 21 Property Owner Via: Email ❑ Mailed Paper Copy Name: 21 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 form fields, then select SAVE FORM to save a copy to your device. RR:1 i oRV and deliver to city along with required documents and payment SUBMIT FORK to send a digital copy to the city for processing. SAVE FORM PRINT FORM �SUeMIT FORM VARIANCE APPLICATION FOR 3713 SOUTH CEDAR DRIVE, EXCELSIOR MN 55331 In June of 2019 we purchased 3713 South Cedar Drive, Excelsior MN. The lot is a non -conforming, sub standard lot with a current home and non -conforming single car garage that is in tough shape. We are doing everything we can to remodel/upgrade the home and garage to modern standards. We originally had plans for a more substantial remodel that would have required a side variance for an attached garage. After consulting with McKenzie Walters we learned that was not an appropriate way to go and would further compromise the land vs improve. We worked closely with McKenzie and our architect on a revised plan that reduced the size of the remodel, eliminated the need for any side variance, and allows us to have a small but adequate attached two -car garage. We plan to remove the non -conforming, single car detached garage that is 8.5 feet from the property line and replace this with a two car attached garage. The new garage would be approximately 27.5 feet back from the property line. This significantly reduces the current non -conformity of the single car garage and brings the new garage up to code. Our plan works within the current hardcover requirements and may ultimately reduce the amount of impervious concrete. This plan also allows for a driveway that is long enough for cars to park safely off the road. Due to the length and width of our sub standard lot we cannot get the garage back the full 30 feet. The central character of the neighborhood is non -conforming so this variance would not compromise the neighborhood in any way. CERTIFICATE OF SURVEY FOR LARRY AND SUSAN NOWLIN IN LOTS 26 & 27, BLOCK 4, RED CEDAR POINT LAKE MINNEWASHTA CARVER COUNTY, MINNESOTA 3g 4 CV CION BP+�AY A. Aa �'- EXCEPTON BLOCK I EXISTING HARDCOVER HOUSE =1013 •- SO. FT GARAGE =358w BR DRNE =415•. CONCRETE asierw � WALKS+COURT =944• - WALLS =3T• - AC =12 TOTAL 2809 19545 = 29.43% PROPOSED HARDCOVER EXISTING HO E =1IX19 •-SO. FT. PROPOSED GARAGE aT18•- PROPOSED BIT DRNE -4 15 « EXISTING PATIO = 179 .- TOTAL TOTAL = 2349 •- 2319I9 =24.61% ARE TO FWNWTION, LEGAL DESCRIPTION OF PREMISES. Lot M. and Lot 27. euept ft aes" 30 0 bet McreM. Block 4 RED CEDAR POINT LAKE MINNEWASHTA e'. D8Mie9 irM (nalker Igeq Dembssetiroo Marker Bearilga etwwn art Eases upon an aaeumLE daWm. TEs survey intends b snow Me boundaries of Me above descrieed properly. and Me to atom, of an exisbog hwae. garage, deck. Lc ped, hardcover. and Me propoead location of a proposed 'ala,.. It does not purport be any anter knprovemenia or enawtllmans. 16 00, (11 LOT 25 \ EXSTNO HOUSE 'y1' asierw � m,e �+ 26 O /� 4MIp1[ AS 9•Jnx I. .. IAT Ar / i O 56 oaASL.T. ---'- W 117-1B LAKE MINNEWASHTA I 0 20 40 so SCALE IN FEET 3RONBERG & ASSOCIATES, INC. ,145 FMW1LOW CWMr LONGI- lAM MV1538 Na H. WKLOW DRNE LONG tAKE. MM SSIY im S�a{F Cl�va{ien u •'a —_—_ �u . $ja9g.1 �• TADLE OF CONTENT$ OMT 1 W O OWTM 5"VAT AND E•>t ♦� [AOT O VATM iii n: • P 2QY O MT TATIOM O UIII "r aMT a W a FournwnoN FUN SMT W e MA WL PLAN } " x........ ="& UCTN = • nuw rwr a rover wu r.w ..e.. �� ^♦' of 6 c......... C22• LLLULL H LAM■2 c24v2L2U2 22 12-14 a4v�/ •w. i I.— of ... 1 Lows Loral M.J •• noundati.. Plan I L ---- .Yrr .a�.riw — — — — — t •w. i I.— of ... Lows Loral M.J •• noundati.. Plan •w. i I.— of ... Memorandum CITY OF C HANHASSE N Chanhassen is a Community for Ufe- Providing forToday and PlanningforTomorrow To: MacKenzie Walters, Assistant Planner From: Erik Henricksen, Project Engineer CC. Jason Wedel, Public Works Director/City Engineer Ryan Pinkalla, Water Resources Technician Date: 8/19/2019 Re: Front Yard Setback and Lot Cover Variance at 3713 South Cedar Drive — Planning Case 2019-11 The Engineering Department has reviewed the Variance submittal for 3713 South Cedar. 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 recommendation of 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.w.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 CITY OF C HANHASSE N Chanhassen is a Community for Life- Providing forToday and PlanningforTomorrow 2. It is the opinion of the Engineering Department that the proposed variance at 3713 South Cedar Drive can be developed in accordance with the requirements of the Chanhassen Code of Ordinances (as it pertains to Engineering and Public Works requirements) and City Standards, provided it fully addresses the comments and conditions contained herein, and can be approved. 3. The property currently has access via South Cedar Road. The applicant's proposed driveway appears to adhere to City Ordinance Sec. 20-1122. The proposed driveway will have to be constructed in accordance with City Standards (city detail #5209). 4. The applicant is proposing to remove existing sections of bituminous driveway abutting South Cedar Drive right-of-way. All work abutting and/or impacting public right-of-way must meet City Standards. See proposed condition 1. Proposed Conditions 1. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right-of-way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). PH 952.227.1100 • wwwAchanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 MEMORANDUM TO: MacKenzie Walters, Planner I FROM: Jill Sinclair, Environmental Resources Specialist DATE: September 3, 2019 SUBJ: Variance for lot cover, 3713 South Cedar Drive Staff recommends that the applicant meet ordinance requirement when applying for the building permit and show all trees within the construction limits on the survey. Any trees scheduled to be preserved will be required to be protected with tree preservation fencing. One tree will be required to be planted in the front yard if no tree is present at the end of construction. Recommendations: 1. The applicant shall include all trees 6" dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed. All preserved trees must be protected during construction. 2. One tree will be required to be planted in the front yard if no tree is present at the end of construction. Rom: Richard Anding <r"ndine43Oi)msn.com> Sent: Monday, August 19, 2019 2:05 PM To: Walters, MacKenzie <MWahemfWg."nhassen.mn.us> Subject: propossed variance for 3 713 South cedar Drive We live next door to the property and feel that the the proposed variance would be a vast improvement for the property. My wife and 1 are in favor of the city approving the variance. Thank You Ric and Marianne Anding 3715 South Cedar Drive __.Original Message".... from: pe+nes90@tmail sour �L-gf.:5�9Q@g^!N�spr^• Sem: friday. August 23. 2019 5:36 AM To: Walters, Mxgeruk u - Subject. Re: 3713 5 Cedar give variance And a pervious paver driveway per City Code 120. as required by 2019 Vaiunce approved down the>treet hour eb., properly on take Minnewashrs See Steve Gunner's email requirin, pervious payers per lake Mmnewashta preservation association, president and neighbor of 3713 5 Cedar Drive. > On Aug 22. 2019. at 9:42 M. prermer 90@gmall op, wrote: > R there is any tat coverage amctease, the City of Chanhassen Water Resource coordna:or should reouire a 20 30 vegetation buffoas precedence has been set .n 2019. with increase water mno . Original Message Nom: Steve Gunther <slgun[her@gmaiLcom, Sent Wednesday, August 28, 2019 9:23 AM lo: Walters, MacKenzie <MWahers@6.chanhassen.mn.us> (c. Helen Gunther <hgunther5/@gmaiLcom, Subject' 3113 South Ceder Drive variance request Mackenzie My wile Helen and I are in wpW,l of du, yaiiance regmst at the sable,, pn, eiiy. pusNrg the garage back btxn its current 8.5 feet to the lel lure to 22.5 Leet wlll significantly improve off street parking and site lines trom Ilm road. II appears h will also reduce hankmer from about 3(1%to 25%. Much improved. We rerc.co,.d that the planmng Commission and City Council aper we the change Steve Gunther on, 3628 3628 Hickory Road, Lacelsior, MN 55331 CAMPBELL KNUTSON PROFESSIONAL* ASSOCIATIONOctober 1, 2019 Roger N. Knuteon Elliott R. Knet.(h PC )olq- fl Joel J. Jamnik Ms. Jean Steckling Andrea Mcl),mell Po`'hl`•' City of Chanhassen Soren U. Mattick 7700 Market Boulevard Hrnn A. 14 haullcr, III Alin SkImarti P.O. Box 147 sharia N. Conklin Chanhassen, MN 55317 Aim R. Schutt Jame. I. Mons, III Re: Miscellaneous Recordings Jerome u. Poortrt David's. Kendall Kurt S. Fischer Dear Ms. Steckling: Thomas J. camPIWIl• Please find enclosed, for the City's files, the following documents that have been recorded with the Carver County Recorder: 1. Variance 2019-11 recorded on September 24, 2019 as document number A683518;and 2. Site Plan Permit 2019-05/Camp Tanadoona recorded on September 24, 2019 as document number A683520. Thank you. Very truly yours, CAMPBELL KNUTSON CITY Of CHANHASSEN Professional Assoelati n RECEIVED OCT 03 2019 Jean s sistant CHMWIMpIA DEFT tjmo Enclosures DISG 2029802 0 0 Document #: A683518 Date: 09-24-2019 Time 3:35 PM Pages: 3 Recording Fee: $46.00 Paid on 09-24-2019 County: Carver State: MN Requesting Party: CAMPBELL KNUTSON PA Kaaren Lewis County Recorder This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document 0 • CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2019-11 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 5 -foot front yard setback variance and a 1.83 percent lot coverage variance. 2. Prope . The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 26, Block 4, Red Cedar Point 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. The applicant must apply for and receive all necessary permits from the Watershed District. 3. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right-of-way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). 4. The applicant shall include all trees 6" dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed. All preserved trees must be protected during construction. 5. One tree will be required to be planted in the front yard if no tree is present at the end of construction. 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).. b 7 STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN M. AND: �^ Todd 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. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 NOTARY LIC KIM T. MEUWISSEN ��., Notary PuWic-Minnesota ti.M:.' Mrco,nmue'°n�vu°°.w�st.zo2s g:\plan12019 planning cases\19-03 3617 red cedar point roadWatiance document 19-03.doc 2 201 Boom M W M W T F 5 i0Yi 1..3...4._5..fi...�..b.y...8 ..9..1011 i21] 18 } 10 11 12 13 14'13 14 159a I 18719425 1g 1] 18 i9 20 21222122 23 2425. 26, 1.... 2...I425.I...2] 28"29 2829 3. 7-1 Securities JC SID_ - II Istah Due S P Category Description Escmws0 Cash Escrow lakeside 7th Addition Site Plan Permit #2012-11 Lakeside Twinhomes $5,000.00 check #34% dated 12-13-2012 frum R.E.C., Inc. (DBA Ron Clark Construction & Design) Landscaping Guaranty per Site Plan Agreement Notify Bob Generous 626/14 - Site still under construction per Jill Sinclair 9/15/15 -Jill, status Kim 9/16/15 - Per Jill, 8 units are still under construction. 6130/16 - Per Jill, Last easterly units under construction Reduce by 50%. Other units complete. Gave imsructions to Jolene B. to reduce escrow to $2500.00. Follow up 9/1/16. 10/25/16 - Per Jill Complete. Hold 5500 for one year. Check final inspection on 9/1/17. Gave instructions to Jolene B. to rerun $2000 of escrow. Jenny 921/17 - Per Jill OK to release. Jenny ............................................................ ............................................................ ................................... I ........................ ........................................................... OtP 0'd. Pwacp 7500 West 78th Street Edina, Minnesota 55439 9lbrn74MM 5-01 . PWMr Ppt BMO HARRIS BANK N.A. 165918 CITY OF CHANHASSEN CHICAGO, ILLINI� 7700 MARKET BLVD.. P0. BOX 1• 2-28 CHANHASSEN, MN 55317 710 (952) 227-1140 Pay FIVE HUNDRED AND XX / 100 To the order of R.E.C. Inc. 7500 W 78th Street Edina, MN 55439 iia16591811' 1:0 7 1000 2881: Check Date: 09/28/2017 Vendor No: RECInc Check Amount 500.00 Vendor Name: R.E.C. Inc. Vendor Acct No: Invoice Number Date Description 2012-11 09/28/2017 Security Escrow -Lakeside 7th Add. Landscaping Guaranty Date 9/28/2017 2045524lia i Amount $500.00 Amount 500.00 w T W 4 NOW-W .y...g...g...iti'ii'i2y ii..S...6...y...d..,S iT'i5'i9'Wig'�iD"ii"14"i3"ia'iS'T 'Y.K4§:36. 3i........; 2W.ff.?8.?Y..?a.X... Securities low DW 5 P Category Dawr100aa - - - •:.:,� 6/15/2016 9/1/2017 C Escrows ® Cash Escrow, lakeside 7th Addition Site Plan Permit #2012-11 lakeside Twmhomes $5,000.00 check #3496 dated 12-13.2012 from R.EC., Inc. (DBA Ron Clark Construction & oil 11�31Jb sign) Landscaping Guaranty per Site Plan Ape®®t Notify Bob Generous 626/14 - Site still under construction per Jill Sinclair �\ 9/15/15 - Jill, status? Kim ��yL Z�aop �.� C , n r✓ 9/16/15 - Per Jill, 8 units are still under construction. 6/30/16 -Per Jill, Inst easterly units under construction Reduce by 50°k. Other units complete. Gave intsmefions to Jolene B. to reduce escrow, to $2500.00. Follow up 9/1/16. 1025/16 - Per Jill Complete. Hold $500 for one year. Check final inspection on 9/1/17. Gave instructions to Jolene B. to return 52000 of escrow. Jenny \ .............................................................................................................................................................................................................................. ................................................................................................................................................................._......._....___----.____ _.. _..._.. _.... ..... _...... ......... ... ...._... _. ..... ....... _. ........._..._._.... Dina. M°b0°r°e°N. rvrNreeeloMl ti�OYYS P�Prbiar haat R.E.C., INC. • 12-12-12 12/12/12 LAKESIDE 7TH SITE PERMIT 3496 • 5000.00 5000.00 5000.00 5000.00 R.E.C., INC. 12-1212 12/12/12 LAKESIDE 7TH SITE PERMIT 5000.00 3496 5000.00 5000.00 349 R.E.C., INC. bank. Aum®sewgy" DBA RON CLARK CONST. & DESIGN 7500 WEST 78TH STREET 17-2-910 EDINA, MN 55439 (952) 947-3D00 - Pay:**************************************Five thousand dollars, and no cents DATE AMOUNT December 13, 2012 3496 $******5,000.00 PAY TO THE DER OFCITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 000349511' 1:0940000221: 104790502249114 i N N • BMO HARRIS BANK N.A. 163822 CITY OF CHANHASSEN CHICAGO, ILUNCO 7700 MARKET BLVD., P.O. BOX 14W 21208 CHANHASSEN, MN 55317 (952) 227-1140 Pay SIX THOUSAND FIVE HUNDRED AND XX / 100 To the order of R.E.C. Inc. 7500 W 78th Street Edina, NN 55439 11■ 16 38 2 211' 1:0 7 1000 2881: Check Date: 11/10/2016 Check Amount: 6,500.00 Invoice Number Date 2012-11 11/10/2016 2015-00161-E 11/10/2016 2015-00162-E 11/10/2016 2015-00163-E 11/10/2016 2015-00164-E 11/10/2016 2015-00166-E 11/10/2016 2015-00167-E 11/10/2016 Vendor No: RECInc Vendor Name: R.E.C. Inc. Vendor Acct No: Description Security Escrow- Lakeside 7th Add Site Plan Permit 2012-11 Erosion Escrow- 8687 Riley Curve Erosion Escrow- 8695 Riley Curve Erosion Escrow- 35 Riley Curve Erosion Escrow- 55 Riley Curve Erosion Escrow- 8671 Riley Curve Erosion Escrow- 8679 Riley Curve Date 11/10/2016 r� i 20 4 5 5 2 411' Amount $6,500.00 Amount 2,000.00 750.00 750.00 750.00 750.00 750.00 750.00 CITY OF CHANHASSEN • • P 0 BOX 147 CHANHASSEN MN 55317 12/19/2012 11:38 AM Receipt No. 00207054 CLERK: bethanya PAYEE: R.E.C., Inc. dba Ron Clark Const. & Design 7500 W 78th St Edina MN 55439 - Lakeside 7th Addition Site Plan Permit # 2012-11 Lakeside Twinhomes Landscaping Guaranty per Site Plan Agreement ------------------------------------------------------- Security Escrow 5,000.00 Total Cash Check 3496 Change 5,000.00 0.00 5,000.00 0.00 W30 U g S-- g 2,2.1- LDIA b D. I Ly --ye. AU11(o CITY OF CHANHASSEN • P O BOX 147 CHANHASSEN MN 55317 12/19/2012 11:38 AM Receipt No. 00207054 CLERK: bethanya PAYEE: R.E.C., Inc. dba Ron Clark Const. & Design 7500 W 78th St Edina MN 55439 - Lakeside 7th Addition Site Plan Permit # 2012-11 Lakeside Twinhomes Landscaping Guaranty per Site Plan Agreement ------------------------------------------------------- Security Escrow 5,000.00 Total Cash Check 3496 Change 5,000.00 0.00 5,000.00 0.00 BMO HARRIS BANK4 16 2 9 8 7 CITY OF CHANHASSEN CHICAGO, IWN 7700 MARKET BLVD., P.O. BOX 14�7 i 2 CHANHASSEN, MN 55317 (952) 227-1140 Pay TWO THOUSAND FIVE HUNDRED AND XX / 100 To the Order of R.E.C. Inc. 7500 W 78th Street Edina, MN 55439 Date 7/7/2016 Amount $2,500.00 11'16298411' 1:0 7 1,000 288[: 204552L,0 Check Date: 07/07/2016 Check Amount: 2,500.00 Vendor No: RECInc Vendor Name: R.E.C. Inc. Vendor Acct No: Invoice Number Date Description Amount 2012-11 07/07/2016 Security Escrow- Lakeside 7th 2,500.00 Add Site Plan Permit 2012-11 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IIkg13 Pcaol� - �� Application of Susan and Larry Nowlin for a 5 -foot front yard setback and a 1.83 percent lot coverage variance on a property zoned Single -Family Residential District (RSF) - Planning Case 2019-11. 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 26, Block 4, Red Cedar Point 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 applicant's small lot size means the 25 percent lot cover standard does not allow for a reasonable minimum amount of lot cover. Allowing a modest 1.83 percent lot cover variance to facilitate the construction of a two -car garage on a property that is not overbuilt is constant with the intent of the shoreland management ordinance. SCANNED 0 • Additionally, the home has a non -conforming lot cover of 29.43 percent. 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 26.83 percent, the variance is consistent with the intent of the Chapter. The city's zoning code requires a minimum front yard setback of 30 feet in order to prevent neighborhoods from feeling crowded due to structures being located excessively close to the road, to ensure the presence of greenspace, and to provide sufficient driveway length to accommodate off street parking. The applicant's proposal would increase the property's front yard setback from 8.2 feet to 25 feet, would replace the largely paved front yard with a lawn, and would increase the amount of off street parking on the property. The proposed front yard setback represents a significant reduction to the existing non -conformity and 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: A two -car garage is a reasonable use for a single-family home. In this case, the lots substandard size and pre-existing home placement means that it is not possible for a two -car garage to be placed on the property without a 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 property is located in an older subdivision and the existing structure does not conform to the current zoning code. The parcel is significantly smaller than the minimum size required for riparian lots zoned RSF. The lot's substandard size and pre- existing house placement means that a two -car garage cannot be situated on the lot without a variance. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in one of the city's oldest subdivisions. The vast majority of the properties within 500 feet of the parcel either have received variances or are non -conforming uses. The proposed addition and two -car garage will not alter the essential character of the locality, and will increase the visual appeal of the property. 0 • 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 #2019-11, 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 5 -foot front yard setback variance and a 1.83 percent lot coverage variance, subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. The applicant must apply for and receive all necessary permits from the Watershed District. 3. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right-of-way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). 4. The applicant shall include all trees 6" dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed. All preserved trees must be protected during construction. 5. One tree will be required to be planted in the front yard if no tree is present at the end of construction. ADOPTED by the Chanhassen Planning Commission this Yd day of September, 2019. CIT` 6", g:\plan\2019 planning cases\19-11 3713 south cedar dove var\findings of fact and decision 3713 south cedar drive (approval). doe: Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) �C /,?- /1 CITY OF CHANHASSEN CARVER & HENNEPIN Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized COUNTIES agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- NOTICE OF PUBLIC lager and has full knowledge of the facts herein stated as follows: HEARING PLANNING CASE NO. 2019-11 (A) These newspapers have complied with the requirements constituting qualification as a legal NOTICE IS HEREBY GIVEN newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as that the Chanhassen Planning amended. Commission will hold a public hearing o: Tuesday, September (B) The printed public notice that is attached to this Affidavit and identified as No. % 7 C am e s i P.M. in the en City Chambers in Chanhassen City was published on the date or dates and in the newspaper stated in the attached Notice and said Hall, 7700 Market Blvd. The Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of purpose of this hearing is to the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both considera request for a front yard inclusive, and is hereby acknowledged as being the kind and size of type used in the composition setback and lot cover variance to and publication of the Notice: construct an attached garage on property located at 3713 South abcdefghyklmnopgrstuow#yZ Cedar Drive. Zoned Single Family r' // ResidentialDistrict(RSF). Owner: Susan & Larry Nowlin. A plan showing the location B . Of the proposal is available Laurie A. Hartmann for public review on the city's web site at www.ci.chanhassen. mn.us/2019-11 or at City Hall during regular business hours. Subscribed and swom before me on All interested persons are invited to attend this public hearing and express their opinions with r respect to this proposal. thisa day of 2019 MacKenzie Young- 6�'M ARK Walters Email: mwalters@ SOTA ci.rhanhassen.mmus EXPIRES01131 1 23 Phone: 952-227-1132 (Published in the Chanhassen N Public Villageo.r on Thursday, August 22, V- N 4772) 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 .............................................. 513.62 per column inch SC%NNE4 PC aoiq - (I 0 On "rue. May 21.'_019 at 7:09 AM Steve Gunther <styunther a email.com> N+Tote: . Mackenzie and Kate. 1 am writing this email in response to the Variance Requests for 3617 Red Cedar Point Road(the former Scuba propert}'). This is the same input that I offered when this property was considered for variances several months ago. 1 objected to those variance requests. feeling that the lot size. road width and the traffic pattern were not consistent with the large house being considered for construction on that lot. My objections remain. 1 hope this time you will listen to the input from the neighbors who are to be forever affected b% your decisions. First, as the president of the Lake Minnewashia Preservation Association and an owner on the lake since 1998. 1 object to providing a hard coyer variance for this property because of the effect it will have on water quality in the lake. The more hardcover a property has. the less chance that rainwater has to drain through the soil and be filtered before it enters Lake Minnewashta. The I.MPA has been spending considerable effort educating homeowners to reduce hardcover on their properties for the good of the lake and all its users. We need more vegetation not less. On the road side. runoff from the drivewa}servicing the proposed 3 car driveway will increase the transport of petroleum products and leaves and grass clippings into the storm drains. This serves to introduce contaminants into the lake. The impact of the petroleum products is obvious. The leaves and clippings serve as a nutrient source for the algae in the lake, which degrades the water quality for ewcryone. A previous owner violated the hardcover limit and added a larger than allowed Class 5 driveway. That deviation should have been remediated, not made permanent. Reducing the hard cover (by dd square feet) Net still exceeding the hardcover requirement is not good enough. • While I object to the lake setback variance request. I understand compromises must be made on a non- conforming lot. I expect that Chanhassen and the Watershed District will require proper shoreline planting buffering or a rain garden to prevent direct runoff into the lake. LMPA board member Kevin Zahler is a trained Master Water Steward and offers his services without charge to residents to help explain and plan this kind of action. He can be reached at 612-618-9817 or via email at kjzahferd honnaiL.orn I also object to the street setback variance for safety reasons. I believe that. given the lot size. the number of street -facing garage spaces should be reduced to'_. Because 3 garage stalls are planned, that reduces the front setback on a streetfintersection that is inordinately small and tight. If a car or watercraR+trailer is hanging into the street on that driveway space. it creates an undue hazard for others. including large garbage rocks, snowy plows and emergency vehicles that have to navigate those wen' tight roads. The average car length is 14-16 feet. For reference. a Honda Civic is ower 15 feet long. It looks like this driveway space is less than that. more like 11-12 feet. I aving only a'_ car garage should not be considered a hardship for owners in this neighborhood where lots are narrow and small. Even lakeside house on Red Cedar Point. South Shore Drive and Hickory Road has no more than 2 garages except those that have much larger frontage or have side loaded garages. I've attached a marked up PDF for your use. All homes constructed or remodeled in the last 15 }ears. with the exception of one house. have been constructed with only two garages facing the street. If Ms. Reimer insists on haying three stalls, wwhy not have one of them be double deep' That eliminates the need for a street setback variance. It also reduces the amount of driveway (hardcover) you need to service the 3 spaces. We did that with our house built in 2003 as a way to contain the footprint of our house within the 25" o hard cover limit. 40 0 0 I may not be able to attend the Planning Commission meeting on Tuesday May 31st but will do my best to be • there. In lieu of that. please accept this email as my objections to the hardcover and street setback variance requests. I've copied my neighbors µho might be affected by these variance requests with my comments in case they would like to send on their oµm. Steve Gunther 33628 Hickory Road, Chanhassen, MN' 55331 president. lake Minnewashta Preservation Association swunthera Lmail.com Citizen I Investor F Multisports Enthusiast • 0 02019 VARIANCE DECISION • I Driveway slope shall not exceed 10 percent • A title search for the property should be conducted to ensure any/all existing easements are documented. • The applicant must enter into a roadway easement over the existing portion of the lot covered by street pavement and curb. • A new 1" = 20' scale survey should be provided as part of the building permit application clearly showing the proposed setbacks and lot coverage for the proposed house and structures This survey should also correctly note the 100 -year FEMA floodplain and should show the lowest floor not less than three feet above the regional flood elevation. At least one tree must be planted in front yard, if one is not present after construction. The applicant must revise the silt fence placement to exclude the 28" oak tree from the grading and construction limits and locate tree protection fencing around it. (Silt fence must be on survey) • Tree protection fencing must be properly installed at the edge of the grading limits across the entire south side of the lot encompassing all existing trees. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities shall be replaced. No equipment may be stored within the tree protection area. Appropriate tree protection measures must be taken to protect the rear yard ash from The 228 -square foot rear patio area is understood to be the property's water -oriented structure. Lot coverage may not exceed 3,170 square feet. A permanent 20 -foot native vegetated buffer must be installed along the shoreline using native species with permanent buffer monuments. The buffer may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resources Coordinator. (Vegetation buffer must be on the survey) • Develop and implement a shoreline restoration plan that is designed and installed by an experienced professional in native shoreline restoration that will improve ecosystem health. The plan may incorporate use of the existing riprap. The design plan may require additional approvals and must be approved by the Water Resources Coordinator. • The property owner must further reduce hard cover associated with the drivewaypatio through the use of pervious paver systems reviewed and approved by the Water Resources Coordinator. (Pervious Paver Driveway and Patio must be on the survey) The property owner shall configure the garage to provide a section of driveway at least 9 feet wide that has a minimum depth of 16 feet 6 inches. (Garage pad must be on the survey, and �included in hard cover. Any sidewalk to front door must be added to hard cover and ncluded in survey and may be in pervious pavers when approved by the Water Resources Coordinator) ADOPTED by the Chanhassen City Council this 24`h day of June, 2019. fl A j i WILDFLOWER5 ii I� 4 WILDFLOWERS '54911 RAINGARDEN 2 V 5.34" • "P—/ • • 5Q' OF BUFFER PROPOSED=18715Q' • 28' 9.49" SQ' OF BUFFER NOT INCLUDING RAINGARDEN5=1739 SQ' i RAINGARDEN 51ZE MY CHANGE DO TO ACTUAL 5Q' FOOTAGE OF DRAINAGE OHW 944,5 A) CAREX PEN5YLVANICA WILDFLOWER CONTAINS: B) VERONICA5TRUM VIRGINICUM A5CLEPIASTUBER05A,ASG LEPIAS INGARANATA, EGHINAGEA PILLADA & PURPUREA, C) IRIS vE51COLOR COREOP515 LANCEOLATA, RATIBDA PINNATA & COLUMNFERA, MONARDA FISTULA, ASTERS, LIATRIS D) LIATRIS 5PICATA (MARSH) 5PIGATA & A5PERE AND OTHERS ANNUALS FOR FIRST YEAR COLOR AND ER05IN CONTROL Revision #: Scale: Landscape Plan: 1 Landscape Design by: Cory Date: 6/19/2019 1/16° = 1' Reimer Shoreline The Mustard Seed Inc. • • 9/3/2019 Planning Case #2019-11 3713 South Cedar Drive Variance -roJ PLANNING COMMISSION SEPTEMBER 3, 2019 CITY COUNCIL SEPTEMBER 23, 2019 APPLICANT: SUSAN AND LARRY NOWLIN A 5 -FOOT FRONT YARD SETBACK VARIANCE AND A 1.83 PERCENT LOT COVER VARIANCE TO CONSTRUCT AN ATTACHED GARAGE. Li 1 • • 9/3/2019 Applicant's Proposal 2 �. Proposed Project: as 'k ❑ Remove existing detached garage and add r new two -car attached garage to the house. OT 225 Justification: � ❑ Two -car garage is required by City Code for \ v single-family homes. ""PTO, ❑ Proposal increases front setback from 8.2' -U - \�4 to 25'• 2s ❑ Proposal decreases lot cover by 2.6%. SF ❑ Lot is substandard requires a lot cover w`os 1 variance to accommodate a two -car garage. ,.�... ❑ Position of the house and narrowness of the lot make it impossible to add an adequately sized attached two -car garage while meeting the 30' front yard setback ° l] Applicant has worked to minimize needed variances. 2 0 9/3/2019 Neighborhood Comments Contacted by two residents: ❖ One expressed support for the project, stating that they feel it would vastly improve the property. ❖ One stated that pervious pavers and a vegetative buffer, similar to what was required for 3617 Red Cedar Point, should be required. Note: Use of paves and a vegetative buffer were not recommend as conditions of approval for this variances because compared to 3617 Red Cedar Point due to: 1. Its significantly smaller lot cover variance (1.83% versus 10.4%) 2. The location of impervious surface (outside of 75' lake setback versus within 75' lake setback) 3. The amount of lot cover reduction (29.43% to 26.83% versus 36.4% to 35.4%) 4. The scope of work (addition reducing non -conformities versus demo/rebuild with new/expanded variances) Staff Assessment and Summary `�w d ❑ The proposed lot is substandard and given the e, Q ' current house placement, cannot accommodate " a two -car garage without a variance. DoT 2s ❑ The applicant's proposed lot cover is not �� excessive and there are not areas were would be reasonable to further reduce it. ❑ The proposed garage is reasonably sized to accommodate two -vehicles and provide some 4 additional storage (needed due to the lot cover _ `s limit preventing the addition of a water oriented structure). ❑ The proposal significantly improves the non- conforming front yard setback and driveway configuration. ' v _ ❑ The applicant has worked with staff at every o step of this project to minimize the requested �, P. n +' variances and reduce existing non -conformities. 0 0 MOTION n "The Chanhassen Board of Appeals and Adjustments approves a 5400t front yard setback variance and a 1.83 percent lot cover variance for the construction of an attached garage, subject to the Conditions of Approval and adopts the attached Findings of Facts and Decisions." 0 1 /-C Uq N 9/3/2019 • CITY OF CHANHASSEN PROPOSED MOTION: PC DA September 3, 2019 CC DATE: September 23, 2019 REVIEW DEADLINE: October 1, 2019 CASE #: 2019-11 BY: MW "The Chanhassen Board of Appeals and Adjustments approves a 5 -foot front yard setback variance and a 1.83 percent lot cover variance for the construction of an attached garage, subject to the Conditions of Approval and adopts the attached Findings of Facts and Decisions." (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 to replace an existing detached one stall garage and concrete patio area with an attached two -car garage. The existing garage is located approximately 8.2 feet from the front lot line and the property currently has a non -conforming lot cover of 29.43%. The proposed project would increase the front setback to 25 feet and reduce the lot cover to 26.83%. A variance is required due to the fact that project increases the width of the structure within the front yard setback. LOCATION: 3713 South Cedar Drive (PID 256600440) OWNER: Susan and Larry Nowlin 3713 South Cedar Drive Excelsior, MN 55331 PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: .23 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAHING: The city's discretion in approving or denying a variance is limited to whether or not the proposed Project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. SCANNED 0 0 Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 2 of 8 PROPOSAUSUMMARY The existing home was built in 1974 without a garage. In 1985, a 15 -foot front yard setback variance was granted to allow for an oversized one -car garage from a nearby property to be relocated onto this property. When the garage was moved, it was situated approximately 8.2 feet from the front lot line, even though the variance required it to be setback 15 feet. Previous owners added a concrete pad between the home and garage as well as a patio area under the deck resulting in a non- conforming 29.43 percent lot cover. The current owners bought the property in June of 2019 and are undertaking efforts to modernize and upgrade the home. Part of the proposed upgrades involves expanding the master bedroom and replacing the existing detached garage with a two -car attached The a licant initial) � \ LOT 25 EXCEPTION \ 4'� 26 \ �' Qs..y 1�6 9OElH s O • garage. pp y proposed a larger footprint garage and bedroom expansion, which would have required a variance from the property's side yard setback. After consulting with staff, they chose to redesign their project to minimize the variances required and to significantly reduce the property's non -conforming lot cover. The proposed addition and two -car garage would require a 5 -foot front yard setback variance and a 1.83 percent lot cover variance. Since the property currently has a structure 8.2 feet from the front lot line, the equivalent of a 21.8 foot front yard setback variance, and 29.43 percent lot cover, the equivalent of a 4.43 percent lot cover variance, the applicant feels that their proposal significantly reduces the extent of the current non -conformity. Additionally, they note that the City Code requires single-family homes to have a two -car garage and that their proposal would significantly increase the property's driveway length and ability to provide off street parking. Finally, they state that the location of the house on the lot prevents the construction of a two -car Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 3 of 8 garage that meets the 30 -foot front yard setback, similarly the lot's substandard size means it is not possible to construct a two -car garage with an adequate driveway while remaining under the 25 percent lot cover limit. APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3, Variances Chapter 20, Article II, Division 4, Non -conforming Uses Chapter 20, Article VII, Shoreland Management District Chapter 20, Article XII, "RSF" Single -Family Residential District Section 20-615. Lot Requirements and Setbacks. BACKGROUND County records indicate that the house was built in 1974. In 1985, the city granted a variance for the relocation of a detached one -car garage from a nearby property to 3713 South Cedar Drive with a 15' front yard setback. On October 16, 1985, the city issued a permit for the relocation of the detached garage. The attached survey indicates a 15' front yard setback; however, the garage was actually placed 8.2' from the road. On July 12, 2019, the applicant began working with city staff to determine if an addition and attached two -car garage would be feasible. 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 9,545 square feet, and has 2,809 square feet of lot cover. The detached garage has a non -conforming 8.2 foot front yard setback and the southeast corner of the house has a non- conforming 9.5 foot side yard setback, but the house and rear deck comply with the district's other setbacks. • Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 4 of 8 Red Cedar Point at Lake Minnewashta The plat for this area was recorded in August of 1913. Over the subsequent century, the City of Chanhassen was formed, a zoning code was passed, the zoning code was amended numerous times, and buildings were built, demolished, and rebuilt to meet the standards and needs of the existing ordinances. Additionally, the neighborhood's roads were not always constructed within their designated right of way. In some areas, this has led to portions of buildings being located in the right of way and portions of these roads being located within residents' property lines. Very few properties in the area meet the requirements of the city's zoning code, and most properties either are non -conforming uses or are operating under a variance. Variances within 500 feet: 1978-07 3637 South Cedar Drive: Approved - 19' front setback (garage) 1980-08 3629 Red Cedar Point Road: Approved - 12' front setback, 3' foot side setback, +1.5' side setback for (chimney), 20' lot width, 40' lot frontage, 13,000 square foot lot area (house) 1984-02 7201 Juniper Avenue: Approved - 8.66' front setback (addition) 1984-17 3725 South Cedar Drive: Approved (lapsed) - 4.53' side setback (addition) 1984-18 3707 South Cedar Drive: Approved - 20' front setback (detached garage) 1985-20 3624 Red Cedar Point Road: Approved -1.2' front setback, 4.8' side setback (detached garage) 1985-26 3713 South Cedar Drive: Approved - 15' front setback (detached garage) 1985-27 3701 South Cedar Drive: Approved - 5' front setback 35' lake setback (house) 1987-13 3629 Red Cedar Point Road: Approved -12' front, 3' side (house) 0 0 Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 5 of 8 1987-15 3725 South Cedar Drive: Approved - 4.53' side setback (addition) 1991-04 3727 South Cedar Drive: Approved - 79' lot frontage (house) 1996-04 3705 South Cedar Drive: Approved - 3' side setback, 31' lake setback, 50% lot cover (house) 1998-07 7201 Juniper Avenue: Approved -11.5' front setback (addition) 2002-05 3628 Hickory Road: Approved -13' front setback (Hickory), 2' front setback (Red Cedar Point), 5' setback (detached garage) 2004-07 3637 South Cedar Drive: Approved - 19.25' front setback, 4' lake setback, 40% lot cover (addition) 2006-04 3633 South Cedar Drive: Approved - 22.5' front setback, 15.8' front setback, 2.39% lot cover (garage) 2008-04 3637 South Cedar Drive: Approved - 20.2' front setback, 8' side setback (home) 2015-07 3701 South Cedar Drive: Approved - increase existing non -conformity (enclose deck 15' in lake setback) 2016-113627 Red Cedar Point Road: Approved -13.6' lake setback, 4.8% LC (home) 2017-09 3622 Red Cedar Point Road: Approved - Intensify non -conforming by raising garage in side yard setback (garage) ANALYSIS Front Yard Setback The property currently has a 16 -foot by 22 -foot detached garage setback 8.2 feet from the front property line. The applicant is proposing to remove this garage and replace it with a 21 -foot wide attached garage setback 25 feet from the front line. The property also has a wide driveway that extends from the eastern edge of the garage to the west lot line. The portion of this paved area west of the garage extends back approximately 16 feet. The applicant's proposal would remove this paved surface and replace it with a more typical 16 -foot by 26 -foot driveway. The city establishes front yard setbacks in order to prevent neighborhoods from feeling crowded due to structures being 0 0 Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 6 of 8 located excessively close to the road, to ensure the presence of greenspace, and to provide sufficient driveway length to accommodate off street parking. The proposed project would replace a largely paved and covered front yard that feels like an extension of the street with a traditionally configured driveway flanked by lawn. This combined with increasing the front setback by 16.8 feet will create more of a feeling of separation between the residence and the right -0f --way. Finally, replacing the existing parking pad, which can provide off street parking for two cars, with a 16 -foot by 26 -foot driveway, which can also accommodate two cars, will not result in the loss of any off street parking capacity. Replacing the existing one -car garage with a two -car garage will allow the homeowners to store both vehicles in an enclosed environment and free up the outdoor parking spaces for use by guests. For these reasons staff supports the proposed 5 -foot front yard setback variance. Lot Coverage 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 9,545 square feet. The property currently has a lot coverage of 29.43 percent, or 2,809 square feet. When owners propose improvements to properties that have non -conforming lot coverage, the policy is that the existing nonconformity must be reduced; however, there is no formal rule stating how much of a reduction must occur. In this case, the applicants are proposing reducing the lot cover to 26.83 percent, or 2,561 square feet. Reducing the property's lot cover by 2.6 percent, or 248 square feet, represents a meaningful attempt to minimize the property's impervious surface. In order to achieve this reduction, the applicant is removing a portion of driveway that currently extends to the western lot line and is confining their addition to areas currently covered by a concrete patio or the existing one car garage, as well as utilizing a relatively modest 16 -foot wide driveway. \\ LOT 25 \ EM,aaa XCEPTION \ 4 26 \ j s Q got a , Evapk nehn Pmpoud Dtkamy �'d'a - _ Exinivg Patio ZM6 _ Proposed Bw diog Fm t 0 0 Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 7 of 8 The applicant's proposed lot cover is confined to the footprint of the home and garage, the driveway, a walkway, and a 179 square foot rear patio located under the deck. Staff does not believe that any of these features are unreasonably large, and recognizes that 2,561 square feet of impervious surface is in absolute terms significantly less than what is allowed on most properties in the city. For example, a lot meeting the single-family residential district's 15,000 square foot minimum lot size would permit 3,750 square feet of impervious surface. For these reasons staff supports the requested 1.83 percent lot cover variance. Impact on Neighborhood Red Cedar Point is one of the oldest neighborhoods in the city. Many of its properties are non- conforming uses, and 20 variances have been given to the 33 properties within 500 feet of 3713 South Cedar Drive. Of those 20 variances, 13 variances were for a reduced front yard setback and four variances were for increased lot cover. Many of the surrounding properties have non- conforming front yard setbacks and lot coverage. Existing Proposed The applicant's proposal will not negatively impact the existing neighborhood aesthetic, and replacing the existing detached garage with a more setback attached garage will improve the property's cub appeal. Overall, the proposal matches the general character of the neighborhood and the proposed house fagade is similar to what has been constructed on other similarly narrow lots in the area. SUMMARY The applicant's proposed project modernizes the property while reducing the existing non - conformities and avoiding the creation of new variances. Staff believes that the applicant has reduced the amount of lot cover as much as is reasonable, and that the proposed addition and two -car garage appropriately balance updating the property with minimizing the required front 0 0 Planning Commission 3713 South Cedar Drive — Planning Case 2019-11 September 3, 2019 Page 8 of 8 yard variance. The proposal results in a more modem home with an updated facade, increased front yard greenspace, additional garage and storage space, and reduced non -conformities. Staff recommends that the Planning Commission approve the 5 -foot front yard setback variance and 1.83 percent lot cover variance, subject to the Conditions of Approval and adopts the attached Findings of Facts and Decision: 1. The applicant must apply for and receive a building permit. 2. The applicant must apply for and receive all necessary permits from the Watershed District. 3. The applicant shall submit a removal plan for the driveway abutting South Cedar Drive right-of-way upon submittal of building permits. The applicant shall also provide an erosion control plan with the grading plans upon submittal of building permits (adhere to city detail #5302B). 4. The applicant shall include all trees 6" dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed. All preserved trees must be protected during construction. 5. One tree will be required to be planted in the front yard if no tree is present at the end of construction. 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 5 -foot front yard setback variance and 1.83 percent lot cover variance for the construction of an attached garage, 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 8. Landscaping Memo 9. Resident Entails G:1Pl.AN)2019 Planning Ca N19-11 3713 South Cedar Drive VAR\Staff Report -3713 South Cedar Drive_PC.doc MacKenzie Walters, Planner I Jill Sinclair, Environmental Resources Specialist DATE: September 3, 2019 SUBJ: Variance for lot cover, 3713 South Cedar Drive Staff recommends that the applicant meet ordinance requirement when applying for the building permit and show all trees within the construction limits on the survey. Any trees scheduled to be preserved will be required to be protected with tree preservation fencing. One tree will be required to be planted in the front yard if no tree is present at the end of construction. Recommendations: 1. The applicant shall include all trees 6" dbh and larger within the construction limits on the building permit survey and note tree(s) to be removed. All preserved trees must be protected during construction. 2. One tree will be required to be planted in the front yard if no tree is present at the end of construction. 0 0 Aanenson, Kate From: Generous, Bob Sent: Tuesday, September 3, 2019 8:54 AM To: Aanenson, Kate Subject: FW: 3713 S Cedar Point Rd driveway & sidewalk & patio in PERVIOUS PAVERS, per City of Chanhassen code of ordinances, sec 20-921 For one of the variances tonight. From: preimer90@gmail.com <preimer90@gmail.com> Sent: Saturday, August 31, 2019 11:32 PM To: Generous, Bob <bgenerous@ci.chanhassen.mn.us> Subject: 3713 S Cedar Point Rd driveway & sidewalk & patio in PERVIOUS PAVERS, per City of Chanhassen code of ordinances, sec 20-921 Since MacKenzie Walters is forwarding all variances while he is gone to you, Bob, here is the information for the Sept 3 Public Hearing on variance for 3713 S Cedar Drive: Per Steve Gunther's approved 2019 variance appeal, new construction (3713 South Cedar Drive) needs to approve PERVIOUS PAVER systems in line with the Lake Minnewashta preservation association and Minnehaha watershed to facilitate the detention and/or infiltration of stormwater. A vegetation buffer of 20-30' is suggested. The Survey is missing 2 oak trees and a silt fence to protect them and they must be drawn ON THE SURVEY, consistent with 2019 approved variance requirements. The Survey only shows a neighbor's maple tree. Last, the City Water Resources Coordinator needs to approve PERVIOUS PAVERS for the driveway & extended patio & added sidewalk, installed per City of Chanhassen code of ordinances, sec 20-921 on 2019 Variances. 0 0 Walters, MacKenzie From: Susan Nowlin <susan@pecosconsulting.com> Sent: Friday, August 9, 2019 10:12 AM To: Walters, MacKenzie Subject: Sidewalk add to our variance MacKenzie, Our project will also feature a 53x4 sidewalk with 212 square feet of impervious surface. Please add that to our variance information. Thanks so muchH Susan Susan Nowlin Pecos Consulting Mobile: 651-235-6202 Zo o V fla (tr Soo' of 3713 SCtktbr, f S--2-6 is, (y) 3713 f",N c4w 2(717-69 ihiCx(f i„� (+2 ' "af lv A, 141 YAA l )3(22fie,( Ce f 2016 - I1 l3.5 't �+r,� 't.Y% L C t) 3 6Z7 K (,AW If �pz - o C' ►�' ►��,� -Z'f� 1fyo - oY 1) Ymt 3 f; l+"Ale) b" tot to"It (Y) U44 �- 13 12' (SSU fA -2666 -o9 22. f' %t, Is.d' ay i� L[ ( 3633 f i 97� _ 0-7 19' fns (YJ 3 6 CeXv ZO04-u7 Ig -Zs " rrd q fj„e lois L e- Cy) 3 c31 f,.. ----------------------- Z ro -Qif 20.7- " ilod -2o r r -o i��g,� 1,�,. 1 S" fie �� (X 31d 1 f, 4 , r 9 ( 31as 17z f -7- 1 ? 4.53" . 3-724 fA,tt., • A�t�aw F,l S F No ( J g?s.� �•Z'io�� y.yr e 3�zy nom[ 09�9 -07 11, s' Ffv4 7Zei Tv /!vG qd 19 y� —67- �c, f ( 726,1 1�H ve Z( CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ( 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 front yard setback and lot cover variance to construct an attached garage at 3713 South Cedar Drive, Planning Case No. 2019-11 to the persons named on attached Exhibit 'W', 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 T4. Meuwissen, Deputy 6krk Subscribed and m to before me thisQD6day of 120 i 9. -LWT Notary Public JEAN M $TECKLING SCANNED NotaryPL"10- WWOMO a ` �y oa.w+rm eow im 31, as 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, 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, indemnify, 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 user's 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, 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 arse out of the user's access or use of data provided. • «TAX_NAME» «TAX_ADD_LU eTAX_ADD_L2n,aTAX_ADD_L3u «Next Record »«TAX_NAMEu ((TAX—ADD—Ll)) eTAX_ADD_L2»,aTAX_ADD_L3u 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 theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. To consider a request for a front yard setback and lot cover Proposal: variance to construct an attached garage. Zoned Single Family Residential District (RSF). Property Owner: Susan & Larry Nowlin Property 3713 South Cedar Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following 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 Droiect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2019-11. If you wish to talk to someone about this project, please contact MacKenzie Young -Walters by email at mivaltersOci.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. 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.ei.chanhassen.mn.us/notifyme to sign u I City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews. Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before Me Planning Commission. City ordinances require all property, within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will 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 partly the Planning Commission's reoommerdalion. Rezonings, lard use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialhndustdal. • 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 spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hashing, the City Council does not. Minutes are taken and any correspondence regarding Me application will ba included in the report to the City Council. If you wish to have something to be included in the repon please correct 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 theagenda. Location: City Hall Council Chambers 7700 Market Blvd. To consider a request for a front yard setback and lot cover Proposal: variance to construct an attached garage. Zoned Single Family Residential District (RSF). Property Owner: Susan & Larry Nowlin Property 3713 South Cedar Drive Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following 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/2019-11. If you wish to talk to someone about this project, please contact MacKenzie Young -Walters by email at mwalters(o)ci chanhassen.mn.us 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. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. to www.ci.chanhassen.mn.us/notifyme to sign up! 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 Ma Planning Commission. City ordinances require all property within SW feet of the subject site to be notified of the application in writing Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request At the Planning Commission meeting, staff will give a verbal overview of the repo" and a recommendation. The item will be opened for the public to speak about the proposal ase partafthe hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to Me City Council. The City Council may reverse, affirm or modify wholly or pertly Me Planning Commission's recommendation. Remnings, land use and code amendments lake a simple majority vote of the City Council except rezonings and )add use amendments from residential to commercial/industrial. • Minnesota State Statute 519 99 requires all applications to W 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 Me process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersontrepresentative is encoumged to provide a contact for the city. Often developers are encouraged to most with the neighborhood regarding Meir proposal. Staff is also available to review the project with any interested person($), • Because the Planning Commission holds the public hearing. the City Council does not. Minutes are taken and any correspondence regarding Me application will be included in the report to the City Council. N you wish to have something b be included in the report. please contact the Planning Staff person named on the notification. PIN TAX NAME TAX _ ADD _Ll TAX—ADD—L2 TAX—ADD—L3 SHAPE.STAreao) 256600070 GARY PETERSON 13260 BRASS PKY ROSEMOUNT MN 55068-2772 3632 HICKORY RD 256600440 PAUL REIMER 14455 WESTRIDGE DR EDEN PRAIRIE MN 55347-1700 3713 SOUTH CEDAR DR 256600030 STEVEN & MARSHA KEUSEMAN REV CABIN TRST 3622 RED CEDAR POINT RD EXCELSIOR MN 55331-7720 3622 RED CEDAR POINT RD 256600340 DAVID MELIN 3627 RED CEDAR POINT RD EXCELSIOR MN 55331-7721 3627 RED CEDAR POINT RD 256600050 GUNTHER LIVING TRUST 3628 HICKORY RD EXCELSIOR MN 55331-9766 3628 HICKORY RD 256600350 CATHERINE 1 BLACK REV TRUST 3629 RED CEDAR POINT RD EXCELSIOR MN 55331-7721 3629 RED CEDAR POINT RD 256600060 SCOT A LACE 3630 HICKORY RD EXCELSIOR MN 55331-9766 3630 HICKORY RD 256600360 PETER 1 & KARRI 1 PLUCINAK 3631 SOUTH CEDAR DR EXCELSIOR MN 55331-9686 3631 SOUTH CEDAR DR 256600370 MARY JO ANDING BANGASSER 3633 SOUTH CEDAR DR EXCELSIOR MN 55331-9686 3633 SOUTH CEDAR DR 256600380 THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR DR EXCELSIOR MN 55331-9686 3637 SOUTH CEDAR DR 256600390 DANIEL P FAGAN 3701 SOUTH CEDAR DR EXCELSIOR MN 55331-9688 3701 SOUTH CEDAR DR 256600410 ANVER L & ANNE K LARSON 3705 SOUTH CEDAR DR EXCELSIOR MN 55331-9688 3705 SOUTH CEDAR DR 256600080 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR MN 55331-9768 3706 HICKORY RD 256600420 JILL D HEMPEL 3707 SOUTH CEDAR DR EXCELSIOR MN 55331-9688 3707 SOUTH CEDAR DR 256600580 COLIN 11ONES 3710 RED CEDAR POINT RD EXCELSIOR MN 55331- 3710 RED CEDAR POINT RD 256600430 MICHAEL L CORRIGAN 3711 SOUTH CEDAR DR EXCELSIOR MN 55331-9688 3711 SOUTH CEDAR DR 256600530 RICHARD B & MARIANNE F ANDING 3715 SOUTH CEDAR DR EXCELSIOR MN 55331-9688 3715 SOUTH CEDAR DR 256600460 CAROLYN A BARINSKY 3719 SOUTH CEDAR DR EXCELSIOR MN 55331-9688 3719 SOUTH CEDAR DR 256600200 MARIA E WHITE 3720 RED CEDAR POINT RD EXCELSIOR MN 55331- 3720 RED CEDAR POINT RD 256600240 TAB B & KAY M ERICKSON 3720 SOUTH CEDAR DR EXCELSIOR MN 55331-9687 3720 SOUTH CEDAR DR 256600470 JAMES PATRICK ROSS TRUST 3725 SOUTH CEDAR DR EXCELSIOR MN 55331-9688 3725 SOUTH CEDAR DR 256600480 WILLIAM R HAUGH 3727 SOUTH CEDAR DR EXCELSIOR MN 55331-9688 3727 SOUTH CEDAR DR 256600210 CLAYTON BURKE 3750 RED CEDAR POINT RD EXCELSIOR MN 55331- 3750 RED CEDAR POINT RD 256600231 HEIDI ANN MARX 3755 RED CEDAR POINT RD EXCELSIOR MN 55331-9676 3755 RED CEDAR POINT RD 254100020 RICHARD H COMER 3800 RED CEDAR POINT RD EXCELSIOR MN 55331-7765 3800 RED CEDAR POINT RD 258770020 MICHAEL D & CYNTHIA H WENNER 3801 RED CEDAR POINT RD EXCELSIOR MN 55331-7766 3801 RED CEDAR POINT RD 258770010 DAVID G WAGNER 3831 RED CEDAR POINT RD EXCELSIOR MN 55331-7766 3831 RED CEDAR POINT RD 250083000 DAVID M LARSON 3837 RED CEDAR POINT DR EXCELSIOR MN 55331-7766 3837 RED CEDAR POINT RD 250081700 MARK R JOHNSON 3859 RED CEDAR POINT RD EXCELSIOR MN 55331-7766 3859 RED CEDAR POINT RD 256600040 LAURIE ANN HANSON TRUST AGREEMENT 5901 CARTER LN MINNETONKA MN 55343-8966 3624 RED CEDAR POINT RD 256600520 GREGORY G & JOAN S DATTILO 7201 JUNIPER EXCELSIOR MN 55331-9614 7201 JUNIPER 256600220 ELIZABETH 1 NOVAK 7210JUNIPER EXCELSIOR MN 55331-9613 7210 JUNIPER 256600570 GARRETT VINCENT 7211 JUNIPER AVE EXCELSIOR MN 55331- 7211 JUNIPER AVE • U Ll E CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2019-11 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 front yard setback and lot cover variance to construct an attached garage on property located at 3713 South Cedar Drive. Zoned Single Family Residential District (RSF). Owner: Susan & Larry Nowlin. 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/2019-11 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@.ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on August 22, 2019) S(;ANNED gAplan\2019 planning cases\19-11 3713 south cedar dnvc var\ph notice to villager.docx V--1 Ml MW COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CI'T'Y OF CUMNSEN 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 5, 2019 August 22, 2019 August 2, 2019 Contact: Contact Phone: Contact Email: MacKenzie Wafters 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 front yard setback and lot cover variance fora property located at 3713 South Cedar Drive. Planning Case: 2019-11 1 Web Page: www.ci.chanhassen.mn.us/2019-11 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 County WMO ❑ Victoria ® Water Resources ❑ Lower MN River ❑ Law Enforcement ® Minnehaha Creek Adjacent Counties: ❑ Riley -Purgatory -Bluff Creek Carver County Agencies: El 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 ElBoard of Water & Soil Resources Authority ❑ MN Landscape Arboretum ❑ Health E)Historical Society ❑ SouthWest Transit El Natural Resources -Forestry ❑ TC&W Railroad ® Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation COMMUNITY DEVELOPMENT DEPAOENT C Y OF CgANHASSEN Planning Division – 7700 Market Boulevard Mailing Address – P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: T r PC Date t i CC Date�� 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 .............. I ................ . $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 ❑ Commercial/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) CO Notification Sign (City to install and remove) ........................ ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot ❑� C— lots) $200 ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 $150 ❑ Lot Line Adjustment.. ...... ................................ $150 ❑ Final Plat ..........................................................$700 $100 ❑ (Includes $450 escrow for attorney costs)' $500 '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. .......................................... $200 Property Owners' List within 500' (city to generate after pre -application meeting) .................................................. $3 per address ( 32 addresses) ❑ Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation Z Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (—easements) ❑ Deeds 5 TOTAL FEE: $50.00 Section 2: Required Information Description of Proposal: Property Address or Location: Parcel #: 25.6600440 Total Acreage: 3713 South Cedar Drive Legal Description: lot 26/27 except westerly 30 feet thereof.Block 4, Red Cedar Point Wetlands Present? ❑ Yes ® No Present Zoning: Select One Present Land Use Designation: Residential Low Dens Existing Use of Property: residential single family home Check box if separate narrative is attached. Requested Zoning: Select One Requested Land Use Designation: Residential Low DensityQ Property . Applicant 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 parry 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: Susan and Larry Nowlin Contact: Susan Nowlin Address: 3713 South Cedar Drive Phone: City/State/Zip: Excelsior, MN 55331 Cell: (651) 235-6202 Email: susan@pecosconsulti .com Fax: Signature: Date: 8/2/19 This application must be completed in 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: 0 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 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. SAVE FORM PRINT FORM SUBMTr FORM 0 0 VARIANCE APPLICATION FOR 3713 SOUTH CEDAR DRIVE, EXCELSIOR MN 55331 In June of 2019 we purchased 3713 South Cedar Drive, Excelsior MN. The lot is a non -conforming, sub standard lot with a current home and non -conforming single car garage that is in tough shape. We are doing everything we can to remodel/upgrade the home and garage to modern standards. We originally had plans for a more substantial remodel that would have required a side variance for an attached garage. After consulting with McKenzie Walters we learned that was not an appropriate way to go and would further compromise the land vs improve. We worked closely with McKenzie and our architect on a revised plan that reduced the size of the remodel, eliminated the need for any side variance, and allows us to have a small but adequate attached two -car garage. We plan to remove the non -conforming, single car detached garage that is 8.5 feet from the property line and replace this with a two car attached garage. The new garage would be approximately 27.5 feet back from the property line. This significantly reduces the current non -conformity of the single car garage and brings the new garage up to code. Our plan works within the current hardcover requirements and may ultimately reduce the amount of impervious concrete. This plan also allows for a driveway that is long enough for cars to park safely off the road. Due to the length and width of our sub standard lot we cannot get the garage back the full 30 feet. The central character of the neighborhood is non -conforming so this variance would not compromise the neighborhood in any way. SCANNED r r I\ u 3l I•a 1 EI I. € 'Jolslaoxpull0ory qjryW 4 ..............1..6.f..N 1 9LGf4 NW I.�J •.99 O 9066 - 9L9 - E96 '01900 BUIppowab T DWOH MON 1 � z z � > w J z w< O z Z z L J < 0 F Z> w W J> i pft OJO Z i Wli O f�iim m< 2 LL m GADO O ,� 0 0 0 Op "neo F O " +� • i i i i a >o 3l I•a 1 EI I. • �. 9YGG4 N ��J Ii O 'JOIs 90Y NW I -. 0006 - 9ZB - L56 'JCI J9p97 u8 se Ou o owa ewo Me IIP b 8 H N tFV 9 J49 P"On YIIMON ux ie CV u MG C `j a...a... L.a.Y ..w �. • vzczs .,d 6 Nye -,0161,21g ooaa - eze - zs 6ulopoweg QWOH wq ��Pn7 'S 41LG IN a ouapteON YIIMON A$ ri w CITY OF CHANHASSEN • • P O BOX 147 CHANHASSEN MN 55317 08/05/2019 1:18 PM Receipt No. 00415780 CLERK: AshleyM PAYEE: Susan & Lawrence Nowlin 3713 S Cedar DRive Excelsior MN 55331- 3713 South Cedar Drive ------------------------------------------------------- Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 96.00 Total Cash Check 6305 Change SCANNED 546.00 0.00 546.00 0.00 0 3713 SOUTH CEDAR DRIVE - PLANNING CASE NO. 2019-11 (MYW) $200.00 Variance $200.00 Notification Sign $96.00 Property Owners List (32 addresses x $3 each) $50.00 Escrow for recording variance documents $546.00 TOTAL $546.00 Check 6305 Susan & Lawrence Nowlin $0.00 $0.00 BALANCE OWED SCANNED CERTIFICATE OF SURVEY FOR LARRY AND SUSAN NOWLIN IN LOTS 26 & 27, BLOCK 4, RED CEDAR POINT LAKE MINNEWASHTA CARVER COUNTY, MINNESOTA I 30 n z I C� t� i A3 PROPOSIDRIVEWAY' 00 .sop'` \ EXCEPTION +a rmnterA m meT m "I....... w+N+ BLOCK 4. EXISTING 28 "°31` 13115 EXISTING HARDCOVER HOUSE =1043+-SO. FT. GARAGE =355+ - BIT DRIVE = 415 +- CONCRETE WALKS +COURT =944+ - WALLS = 37 +- A/C = 12 +- TOTAL 2509 / 9545 = 29.43% PROPOSED HARDCOVER EXISTING HOUSE = 1039 +- SO. FT. PROPOSED GARAGE = 716 +- PROPOSED BIT DRIVE = 415 *- EXISTING PATIO = 179 +- TOTAL = 2349 +- 234919545 = 24.61% NOTE: ALL HOUSE DIMENSIONS ARE TO FOUNDATION. LEGAL DESCRIPTION OF PREMISES: Lot 26, and Lot 27, except the westerly 30.0 feet thereof, Block 4, RED CEDAR POINT LAKE MINNEWASHTA Id 0EX STING 00- GARAGE LOT 2.5 aARAos '+y \ E%ISTING T- HOUSE N I3Y+1 "ISTNG HOUSE MIS 26 \ oEcxWUryE :' O� k IS Denotes iron marker found 0: Denotes set iron marker Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house, garage, deck, a/c pad, hardcover, and the proposed location of a proposed garage. It does not purport to show any other improvements or encroachments. SCANNED SHORELNE AS SHOWN ON THE RECORD PLAT Aelur AIG LAKE MINNEWASHTA 0 20 J40 80 SCALE IN FEET --N-.,m.P•^.�Gn.w^, s -"'e GRONBERG & ASSOCIATES, INC. 0 o m eNy uunrE UM WMpuMx +'•�D CIVIL ENGINEERS, LAND SURVEYORS, LANA PLANNERS melmlW mCSuN,rvw.oN. / - +Y �� 445 N. WILLOW DRIVE LONG LAKE, MN 55356 0 0 • • 0 (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Individual(s) Form 10.1.1 (2016) eCRV number: DEED TAX DUE: S 2,235.75 DATE: June 7, 2019 (mwuh �bv �<ar) FOR VALUABLE CONSIDERATION, Pamela J. Reimer, a single woman ("Grantor"), hereby conveys and warrants to Lawrence Nowlin and Susan Nowlin ("Grantee"), as (Check only one bar.) ❑ tenants in common, (!f more than are Grantee is named above and either no box is checked or both boxes are checked ® joint tenants, this conveyance is made to the named Grantees as tenants in common) real property in Carver County, Minnesota, legally described as follows: See Exhibit "A"Attached Hereto and Made a Part Hereof. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Page I of 3 ul 3 Check applicable box: ® The Seller certifies that the Seller does not know of any wells on the described property. ❑ A well disclosure certificate accompanies this document or has been electronically files. (If electronically filed, insert WDC number: ) ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. STATE OF MINNESOTA, COUNTY OF DAKOTA Minnootu IJnilixm C'omeN; ncina 111anks Form 10.1.1 Pamela J. Reimer This' ;me�ntw edged before me on 7th day of June, 2019, by Pamela J. Reimer, a single woman. Signature r I officer "'r°� COLLEEN T GOULET Notary Public Minnesota Title and Rank �'-_., My Commission Expras Jan 31, 2020 My Commission Expires: (f 3 f THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN On -Site Title THIS INSTRUMENT SHOULD BE SENT TO: 14800 Galaxie Avenue Lawrence Nowlin and Susan Nowlin Suite 300 3713 South Cedar Drive Apple Valley, MN 55124 Excelsior; MN 55331 • EXHIBIT "A" LEGAL DESCRIPTION Lot 26 and Lot 27 except the Westerly 30 feet thereof, Block 4, Red Cedar Point, Lake Minnewashta, Carver County, Minnesota. Abstract Property Page 3 of 3 0 View Summary for Preliminary eCRV 963690 County:Carver Auditor ID: Submit Date: 06/07/2019 5:03 PM Accept Date: Person name: Lawrence Nowlin Address: 3713 South Cedar Drive, Excelsior, MN 55331 United States Foreign address: No Phone number: (651) 233-8687 Email: (651) 233-8687 *** MN Revenue does not display SSN/Tax ID fields due to privacy. *** Comments: Pamela J Reimer Person name: Susan Lowlin Address: 3713 South Cedar Drive, Excelsior, MN 55331 United States Foreign address: No Phone number: (651) 233-8687 Email: *** MN Revenue does not display SSN?ax ID fields due to privacy. *** Comments: Person name: Pamela J Reimer 3617 Red Cedar Point Rd, Excelsior, MN 55331 United Address: States Foreign address: No Phone number: (952) 210-8422 Email: *** MN Revenue does not display SSN/Tax 1D fields due to privacy. '** Comments: County: Carver Legal description: Lot 26 and Lot 27 except the Westerly 30 feet thereof, Block 4, Red Cedar Point, Lake Minnewashta, Carver County, Minnesota Deeded acres: Will use as primary residence: Yes What is included in the sale: Land and Buildings New construction: No Property Location(s) Property location: Preliminary Parcel ID(s) Parcels to be split or combined: Primary parcel ID: Additional parcel ID(s): Use(s) Planned use: Primary use: Prior use: 3713 South Cedar Dr, Chanhassen, 55331 No 25.6600440 Residential / Single family home Yes Residential / Single family home Deed Type: Warranty Deed Date of Deed or Contract: 06107/2019 Purchase amount: $677,500.00 Downpayment amount: $204,939.78 Seller -paid amount: $0.00 Delinquent Special Assessments Paid by Buyer: $0.00 Financing type: New Mortgage Personal Property Personal property included: No Sales Agreement Questions Buyer leased before sale: No Lease option to buy: No Seller leased after sale: No Minimum rental income guaranteed: No Partial interest indicator: No Contract payoff or deed resale: No Received in trade: No Like exchange (IRS section 1031): No Purchase over two years old: No Buyer paid appraisal Seller paid appraisal Buyer and seller related Government sale: Gift or inheritance: Buyer owns adjacent property: Public promotion: Significant different price paid: Comment on price difference: Yes No No No No No Yes No Appraisal value Appraisal value: Organization tax exempt: Foreclosed, condemned or legal proceedings: Name change: Submit date: 06/07/2019 5:03:39 PM Submitter: MICHELLE FIETEK Organization: On-site title Email: mfietek.recloser@gmail.com Phone number: (651)236-7046 Comments: $677,500.00 $0.00 No No No Terms Accepted by the Submitter I declare under penalty of law that I have examined the information entered and submitted on this form, and, based on what I know and believe to be true, the information entered on this form is complete and correct.