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CAS-11_PLANNING CASE NO. 2020-11PC'�)o- II ❑�c Roger N. Knutson Elliott B. Knetsch Joel J. Jammk Andrea McDowell Poehler Soren M. Mattick David S. Kendall Henry A. Schaeffer, 111 Ahna Schwartz Shana N. Conklin James J. Monge, 111 Jerome M. Porter Leah C.M. Koch Meagan K. Kelley Thomas J. Campbell* *Retired I;nmd (ak ! �Oiu' ( onto I u,0 Wo, Grntian Road Suite "M --1a �S1-4 0 CAMPBELL KNUTSON August 14, 2020 Ms. Jean Steckling City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Miscellaneous Recordings Dear Ms. Steckling: Please find enclosed the following documents that were erecorded with Hennepin County: Variance 2020-08 erecorded on July 21, 2020 as document number T214591; and 2. Variance 2020-11 erecorded on July 22, 2020 as document number A700630. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association Jean O son, Leg ssistant /jmo Enclosure SCANNED 21062ov4 0 • Document Number: A700630 Filed and/or Recorded on Jul 22, 2020 2:32 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy KL Document Recording Fees $ 46.00 ------------------------------------------------------------ Document Total $ 46.00 Requesting Party: City of Chanhassen Pages: 2 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2020-11 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 30-foot front setback variance request for the construction of a porch. 2. Pro e . The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 10, Block 4, City Lots of Chanhassen. 3. Conditions. The variance approval is subject to the following conditions: 1. The porch must be redesigned so that its eaves do not encroach further than the existing home's eaves. 2. The applicant must apply for and receive a building permit. 3. An Encroachment Agreement for any encroachments into the right-of-way such as landscaping, retaining walls, structures, etc., except for the house, shall be filed for prior to issuance of building permits. 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. 0 Dated: July 7, 2020 CITY OF CHANHASSSE� N BY: &� (SEAL) Elise Ryan, ayor AND: +► Heather Jo on, Interim City Manager STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) ih The foregoing instrument was acknowledged before me thins day of JtJL' 2020 by Elise Ryan, Mayor, and Heather Johnston, Interim 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 i ' KIM T. MEUWISSEN Notary Public -Minnesota I.ty c ffmw on eK" Jn 31. 2025 W�� ��l gAplan\2020 planning cases\20-11 7701 frontier trail var\variance document 20-11_as pacsed.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Daniel Burke for a 30-foot front setback variance on a property zoned Single - Family Residential District (RSF) - Planning Case 2020-11. On July 7, 2020, 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 10, Block 4, City Lots of Chanhassen 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 allows variances in order to permit the owners of non- conforming property and lots to undertake reasonable improvements. The applicant's proposal to relocate the existing entrance so that it no longer exits into the public right-of- way and to construct an architecturally compatible open porch to provide shelter for individuals utilizing the entrance, represents a clear improvement to the property. While the city would normally not support a 0-foot front yard setback, the existing home's location directly on the property line makes it impractical to maintain a front yard setback. Taking into consideration the preexisting placement of the house, design of the porch, and overall architectural characteristics of the project, the requested variance meets the intent of the zoning code and provides reasonable relief for a non -conforming property. • b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The applicant's proposal to relocate the home's entrance so that it does not exit directly into a street right-of-way is reasonable, as is the request to construct an architecturally compatible open porch to provide shelter for individuals entering and exiting the home. The location of the home on the property makes it impossible for the applicant to construct the proposed porch without the requested front yard setback variance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The lot was created in 1887 and the home was built in 1896. Since the creation of the lot and construction of the home predates modern survey techniques and permitting standards, as well as the creation of the city and adoption of a zoning code, the applicant is forced to work within the constraints created by the non -conforming lot and house placement. 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 neighborhoods. Many of the properties in the area do not have the required 30-foot front yard setback, either by virtue of variances or by virtue of their status as non -conforming uses. Additionally, four of six properties located near this parcel along Frontier Trail appear to have structures built on or across their front lot line. Given this, allowing the application to construct an open porch maintaining the existing structure's 0-foot front setback will not alter the essential character of the locality. £ 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 #2020-11, dated July 7, 2020, prepared by MacKenzie Young -Walters, is incorporated herein. 2 DECISION "The Chanhassen Board of Appeals and Adjustments approves a 30-foot front setback variance request for the construction of a porch, and adopts the attached Findings of Fact and Decision, subject to the following condition: 1. The porch must be redesigned so that its eaves do not encroach further than the existing home's eaves. 2. The applicant must apply for and receive a building permit. 3. An Encroachment Agreement for any encroachments into the right-of-way such as landscaping, retaining walls, structures, etc., except for the house, shall be filed for prior to issuance of building permits." ADOPTED by the Chanhassen Planning Commission this 7th day of July, CITY OF L", Weick, giplant2020 planning cases\20-11 7701 frontier trail vaAfindings of fact and decision 7701 frontier trail (approval)_as passed.doc CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on JW5, 2020, 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 Setback Variance to construct a porch on property located at 7701 Frontier Trail; Zoned Residential (R), Planning Case File No. 2020-11 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kim T. Meuwissen, Deputy rk Subscribed and swppm to before me thisQq:rflday of V - , 2020. tn Notary Public 5QWC-D 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 arse out of the users access or use of data provided. Disclaimer 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 tices 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 arse out of the users access or use of data provided. «TAX_NAME» «TAX_ADD_L1» «TAX ADD L2u «Next Record»«TAX_NAME» aTAX_ADD_L1» «TAX ADD L2» Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, July 7, 2020 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers 7700 Market Blvd. The purpose of this hearing is to consider a request for a Proposal: setback variance to construct a porch on property located at 7701 Frontier Trail. Zoned: Residential R . Applicant: Daniel Burke Property 7701 Frontier Trail 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/2020-11. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bgenerousicDc!.chanhassen.rill or by phone at 952-227-1131. If you choose to submit written Comments: comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/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 the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing Any interested party is invited to attend the meeting. e Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request, At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Remnings, land use and code amendments take a simple majority vote of the City Council except rezommi and land use amendments from residential to wmmeraelfndustdal. • 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 spokespmsonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their poposat. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding Me application will be included In the report to the City Council. d you wish lc have something tow indutletl in the report. please contact the Planning Staff person named on the notification. Date & Time, Tuesday, July 7, 2020 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Proposal: setback variance to construct a porch on property located at 7701 Frontier Trail. Zoned: Residential R . Applicant: Daniel Burke Property 7701 Frontier Trail 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 at steps: 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/2020-11. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bgenerous(&ci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written Comments: 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. NEWS Sign up to receive email and/or text notifications when meeting agend packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a Public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to W notified of Me application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on Me subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the Public hearing and discuss the item and make a recommendation tome City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings. land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustrui • 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 sp ikespersonlrepresentelive Is encouraged to provide a contact for the city. Often developers are encouraged to meal with the neighborhood regarding their proposal. Staff is also available fo review the project with any interested person(s). • Because the Planning Commission holds Bs, public hearing the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report. lease contact the Planning Stag person named on the notification. PIN TAX NAME TAX _ ADD _Ll TAX-ADD-1-2 SITEADD 250122500 ALEC K NORD 204 77TH ST W CHANHASSEN, MN 55317-9702 204 77TH ST W 250500240 DAYANIRA ZAMORANO 204 CHANVIEW CHANHASSEN, MN 55317-9707 204 CHAN VW 250500190 TROY P KIMPTON 205 CHAN VIEW CHANHASSEN, MN 55317 205 CHAN VW 250500290 LINDA R VANGORKOM 205 W 77TH ST CHANHASSEN, MN 55317 205 77TH ST W 250500230 DEAN C & JANET M BURDICK 206 CHAN VIEW CHANHASSEN, MN 55317-9707 206 CHAN VW 250500200 TONJA ST MARTIN 207 CHAN VIEW CHANHASSEN, MN 55317-9701 207 CHAN VW 250123400 PAUL F & RITA M RO11NA 220 77TH ST W CHANHASSEN, MN 55317-9799 220 77TH ST W 250500090 JOHN W & PAULA J ATKINS 220 78TH ST W CHANHASSEN, MN 55317-9755 220 78TH ST W 250500360 AMY LOUISE DIEDRICH 221 77TH ST W CHANHASSEN, MN 55317 221 77TH ST W 250500110 GREGORY J & KAREN J ODASH 221 CHAN VIEW CHANHASSEN, MN 55317-9750 221 CHAN VW 252840050 DOUGLAS FLETCHER 222 77TH ST W CHANHASSEN, MN 55317-9799 222 77TH ST W 250500080 TAYLOR T BOTHUN 222 78TH ST W CHANHASSEN, MN 55317 222 78TH ST W 250500340 TAYLOR S KAHL 222 CHAN VW CHANHASSEN, MN 55317 222 CHAN VW 250500330 GREGORY L HUBERS 224 CHAN VIEW CHANHASSEN, MN 55317-9613 224 CHAN VW 250500070 JORDAN UDELHOFEN 224 W 78TH ST CHANHASSEN, MN 55317 224 78TH ST W 250500370 JEANNE M BURKE REV TRUST U/A 225 77TH ST W CHANHASSEN, MN 55317-9709 225 77TH ST W 250500320 SARAH HUMMER 226 CHAN VW CHANHASSEN, MN 55317 226 CHAN VW 250500411 ARUN SUBBIAH 301 W 77TH ST CHANHASSEN, MN 55317 301 77TH ST W 250500410 THEODORE VAN BLYENBURGH 303 77TH ST W CHANHASSEN, MN 55317-9798 303 77TH ST W 250124100 BERNARD A & COLEEN M POIRIER 304 77TH ST W CHANHASSEN, MN 55317-9798 304 77TH ST W 250500010 CHAPEL HILL ACADEMY 306 78TH ST W CHANHASSEN, MN 55317-9734 306 78TH ST W 250500405 TODD KAMMEIJER 307 77TH ST W CHANHASSEN, MN 55317-9798 307 77TH ST W 250500400 MERLIN FLAMING 311 77TH ST W CHANHASSEN, MN 55317 311 77TH ST W 250500395 KELLI N SCHUTROP 315 77TH ST W CHANHASSEN, MN 55317 315 77TH ST W 250500393 KEVIN GAFFORD 319 77TH ST W CHANHASSEN, MN 55317 319 77th ST W 250500120 JAMES & KELLEY A DEGROSS 3911 MEADOWVIEW LN ELKO, MN 55020-9538 223 CHAN VW 252840020 MARK BLOMQUIST 5587 BRISTOL LN MINNETONKA, MN 55343-4307 7607 FRONTIER TRL 250500300 CARVER COUNTY CDA 705 WALNUT ST N CHASKA, MN 55318-2039 207 77TH ST W 250500221 JEFFREY W & MARY L BORNS 7199 FRONTIER TRL CHANHASSEN, MN 55317-9605 7702 ERIE AVE 250123900 JAMES & ARLENE ZIMMERMAN 7602 FRONTIER TRL CHANHASSEN, MN 55317-9609 7602 FRONTIER TRL 252840010 MICHAEL H NORDERHAUG 7603 FRONTIER TRL CHANHASSEN, MN 55317 7603 FRONTIER TRL 250123300 ROBERT SCOTT POLLOCK 7603 GREAT PLAINS BLVD CHANHASSEN, MN 55317-9768 7603 GREAT PLAINS BLVD 250123500 DOUGLASJ & WENDY K SUEDBECK 7605 GREAT PLAINS BLVD CHANHASSEN, MN 55317-9768 7605 GREAT PLAINS BLVD • • 250123600 MARK & KAROLJ MOTZKO 7606 ERIE AVE CHANHASSEN, MN 55317-9715 7606 ERIE AVE 250123100 WILLIAM P HANSON 7607 GREAT PLAINS BLVD CHANHASSEN, MN 55317-9768 7607 GREAT PLAINS BLVD 250123200 HALEY E PEMRICK 7608 ERIE AVE CHANHASSEN, MN 55317-9715 7608 ERIE AVE 250122900 RAYMOND J & LYNETTE M BLEDSAW 7609 GREAT PLAINS BLVD CHANHASSEN, MN 55317-9768 7609 GREAT PLAINS BLVD 250124000 DONALD D & MARY GOETZE 7610 FRONTIER TRL CHANHASSEN, MN 55317-9609 7610 FRONTIER TRL 252840030 JOHN MCQUILLAN 7611 FRONTIER TRL CHANHASSEN, MN 55317-9609 7611 FRONTIER TRL 250124200 FLORENCE H COLEMAN 7616 FRONTIER TRL CHANHASSEN, MN 55317-9609 7616 FRONTIER TRL 252840040 ANDREW A O'BRIEN 7617 FRONTIER TRL CHANHASSEN, MN 55317-9609 228 77TH ST 250500310 JOSHUA H PAINE 7701 ERIE AVE CHANHASSEN, MN 55317 7701 ERIE AVE 250500380 1896HOUSE LLC 7701 FRONTIER TRL CHANHASSEN, MN 55317 7701 FRONTIER TRL 250500220 JOHN E & KAREN M KRAEMER 7703 ERIE AVE CHANHASSEN, MN 55317-9612 7703 ERIE AVE 250500350 BRIANNA A BACHRACH 7706 ERIE AVE CHANHASSEN, MN 55317-9612 7706 ERIE AVE 250500100 MARY E JANSEN ETAL 7720 ERIE AVE CHANHASSEN, MN 55317-9713 7720 ERIE AVE 250500020 LARRY A & KATHLEEN A SCHROEDER 7720 FRONTIER TRL CHANHASSEN, MN 55317-9753 7720 FRONTIER TRL 250500210 RICHARD A & ELIZABETH M NUSTAD 7721 ERIE AVE CHANHASSEN, MN 55317-9713 7721 ERIE AVE 256050010 THOMAS A & LYNN M PAULY 7721 FRONTIER TRL CHANHASSEN, MN 55317-9712 7721 FRONTIER TRL 256050020 MATTHEW FAUST 7723 FRONTIER TRL CHANHASSEN, MN 55317-9712 7723 FRONTIER TRL 250500050 CHAD A MINKEL 7725 FRONTIER TRL CHANHASSEN, MN 55317-9712 7725 FRONTIER TRL 250500130 BRIAN P & COLLEEN S NUSTAD 7791 ERIE AVE CHANHASSEN, MN 55317-9713 7791 ERIE AVE 250500060 HAGEN HOMES LLC 850 FLYING CLOUD DR CHASKA, MN 55318-9503 7727 FRONTIER TRL • • CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2020-11 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, July 7, 2020 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 setback variance to construct a porch on property located at 7701 Frontier Trail. Zoned Residential (R). Applicant: Daniel Burke. 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/2020-11 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 Associate Planner Email: mwalters@ ci.chanhassen.mn.us Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday; June 25, 2020 No. 98ffi1 Affidavit of Publication Southwest News Media State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the General Manager the news- papers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. L/ �g was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijkhnnopgrstuvwxyz �, By:�WUL U f t�lY7 � Laurie A. Hartmann Subscribed and sworn before me on this!day of I JYMME JEANNETTE BARK t' NOTARY PUBLIC- MINNESOTA MY COMMISSION EXPIRES O1f310 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 ............................................... $14.03 per column inch Sa tiM1iNED 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2020-11 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, July 7, 2020 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 setback variance to construct a porch on property located at 7701 Frontier Trail. Zoned Residential (R). Applicant: Daniel Burke. 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/2020-11 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 Associate Planner Email: mwalters(aci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on June 25, 2020) g:\plan\2020 planning cases\20-11 7701 frontier trail var\ph notice to villager.docx COMMUNITY DEVELOPMENT DE MENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY OF CHMNSEN 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: June 10, 2020 June 25, 2020 June 5, 2020 Contact: Contact Phone: Contact Email: Robert Generous, AICP 952-227-1131 benerous@ci.chanhassen.mn.us Senior Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: July 7, 2020 at 7:00 p.m. July 27, 2020 at 7:00 p.m. August 4, 2020 Application: Request for a setback variance to construct a porch on property zoned Residential R and located at 7701 Frontier Trail Planning Case: 2020-11 1 Web Page: www.ci.chanhassen.mn.us/2020-11 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 ❑ Park Director ❑ Carver County W MO ❑ Shorewood El Victoria ® Water Resources El Lower MN River ❑ Law Enforcement ❑ Minnehaha Creek Adiacent Counties: ❑ Riley -Purgatory -Bluff Creek Carver County Agencies: Utilities: ❑ Hennepin El Scott ❑ Community Development ❑ Engineer ❑ Cable TV — Mediacom School Districts: ❑ Environmental Services ❑ Electric — Minnesota Valley ® Historical Society ❑ Electric — Xcel Energy ❑ Eastern Carver County 112 ❑ Parks ❑ Magellan Pipeline ❑ Minnetonka 276 ❑ Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources ❑ Health Authority ❑ MN Landscape Arboretum ❑ Historical Society ❑ SouthWest Transit ❑ Natural Resources -Forestry ❑ TC&W Railroad ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation 5G'��O 77th Street L ^L' W C EXISTING HOME � 10 .TINO FRONT DOOR TO BE REMOVED 1 I NEW FRONT DOOR I I it NEW ENTRY PORCH EXIBTIWORAVEL 1 PARXINOAREA = MAIN LEVELADDITIO� PLAN � PROPOSED STREET�LE E eATlO� REMODELFOR: DAN BURKE LOOATED AT: 7701 FRONTIER TRAIL, CHANHASSEN, MN 55317 DATE: 5 JUNE 2020 C Cl 66 66 CERTIFICATE OF SURVEY 7701 FRONTIER TRAIL CHANHASSEN, MN 55317 77th. STREET WEST _ —NORTH LINE OF LOT 10, BLOCK 4, ST. HUB/ 1 N89.50'44"E 69.97 26.3 n EXISTING 10.0 HOUSE I 31 11.9 ' c✓+S�"`S 7701 FRONTIER TRAIL ., CHANHASSEN. MN 55317 6 1 25.6 !v c- ,L'.7 03 - O Q m 12.0 � W U Q4- W x � O _ m Vi- O_ w 4.3 ST O w Z4 O JOO ti ~I Q 4.6 - 22.1 H EXISTING '"INW GARAGE 4.5 - 22.1 f �^� 0 10.0 x , j I N89"52 36 E 70.29 riCARAGE OUTH LINE OF LOT 10. BLOCK 4, ST HUBERTUS S8952'36'W V70.33 = ENTERLIN�„QFyN-tjPEq�,LEYIS77NG 0 30 1 = 30 FEET x LEGEND = CONCRETE SURFACE = BITUMINOUS SURFACE u = GAS METER = SIGN 0 = POKER POLE - TREE — x — = FENCE UNE • FOUND MONUMENT w O = SET MONUMENT m .. Ne. pot ah 5QjNN--` CITY OF CHANHASSEN • • P O BOX 147 CHANHASSEN MN 55317 06/12/2020 1:43 PM Receipt No. 00441091 CLERK: ashleym PAYEE: 1896 House LLC 225 W 77th Street Chanhassen MN 55317- -------------------------------------- Use & Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 156.00 Total Cash Check 1003 Check 1004 Change SCANNED 606.00 0.00 450.00 156.00 0.00 PC adao_I COMMUNITY DEVELOPMENT DEPARTMENT Planning Division —7700 Market Boulevard CITY OF CIMIMSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1100 I Fax: (952) 227-1110 0 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: b — 5 — aC-�- PC Date: 'I —'I -,). a CC Date: `1' X1—D D 60-Day Review Date:, —4 -,;to apply) -Section 1: Application Type (check all that (Refer to the appropriate Application Checklist for required submdtal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA tine 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 ❑ CommerciaVlndustrialDistricts*......................$500 Plus $10 per 1.000 square feet of building area: (_ thousand square feet) 'Include number of existing employees: Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit (— units) ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot ( lots) ❑ Metes & Bounds(2lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat..........................................................$700 (Includes $450 escrow for attorney costs)` 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑� Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appear ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Notification Sign (City to install and remove)...................................................................................................................... $200 ❑� Property Owners' List within 500' (city to generate after pre -application meeting) ............................... 11S Ca.... $3 per address ( 52 addresses) ❑ Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ terim Use Permit ❑ Site Plan Agreement ❑ Vacation Q Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_ easements) ❑ Deeds TOTAL FEE: Section 2: Required Information Description of Proposal: Request variance to build a porch on the south side of my house, the house was built in 1896 and is on the lot lines in the northwest corner of the lot. Property Address or Location: Parcel #: 25.0500380 7701 Frontier Trail Chanhassen, MN 55317 Legal Description: Lot 10 Block 004 City of Chanhassen + W10' of Lot 9 Total Acreage: 022 Wetlands Present? ❑ Yes ® No Present Zoning: Mixed Low Density Residential DistriG Requested Zoning: Not Applicable Q Present Land Use Designation: Residential Low Dens Requested Land Use Designation: Select One Existing Use of Property: Single Family Home [DCheck box if separate narrative is attached. 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: Daniel Burke Contact: Daniel Burke Address: 225 W 77th St Phone: City/State/Zip: Chanhassen, MN 55317 Cell: (612) 221-0506 Email: mnburkes@gmail.com Fax: Signature: Date: 6/8/20 PROPERTY OWNER: In signip this application, 1, 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: 1896 House LLC Contact: Daniel Burke Address: 225 W 77th T Phone: City/State/Zip: Chanhassen, MN 55317same Cell: (612) 251-0506 Email: mnburkea@gmail.com Fax: Signatur Date: 6/8/20 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 Who should receive copies of staff reports? Information *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑� Applicant Via: E] 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 SUBMIT FORM 0 9 VARIANCE REQUEST 7701 FRONTIER TRAIL CHANHASSEN, MN 55317 I am making a request for a variance on the above listed property. I recently purchased the property and plan on remodeling the house. The house was built in 1896 and is one of the oldest houses in Chanhassen. It was built well before the current setback regulations were established. The northwest corner of the house is on the northwest corner of lot line. The front door which is on the west side of the house opens directly onto the city right-of-way. To improve safety, I want to move the door to the south side of the house so that it no longer opens directly to the street. To do this I will need to build a porch on the south side of the house to provide access to the door. The west end of the proposed porch will extend south along the property line following the line of the house for about 8 feet. It will then extend east to the existing porch (app 25.6ft). The variance is required because of the location of the house in relation to the lot line. The proposed relocation of the door makes the house safer as it will no longer be necessary to enter the house directly from the right-of-way. A variance for the porch running along the west property line is necessary for access to the house after the door is relocated. The design of the porch is harmony with the age and style of the house and will fit well into the neighborhood. My wife and I have owned and lived in the neighboring house to the east, 225 West 77`h Street, for 36 years. 1896 HOUSE LLC Daniell Burke Sole Member RESIDENTIAL PERMIT APPLICATION CITY OF CHANHASSEN BUILD ZONE 7700 MARKET BLVD * PO BOX 147 ♦ CHANHASSEN, MN 55317 Phone: 952-227-1180 Fax: 952-227-1190 E-Mail: bldgsupport@ci.chanhassen.mn.us Web: www.ci.chanhassen.mn.us A GENERAL INFORMATION Site Address: 7 i p 1 Fr r r r 1 C1 a,, Lo e f. h rl.a ST;/ r _ Property Owner: 1 D g 6 f f .. LLC Phone: 61 2- 2 1­1 o 6-06 Address —2 3 y=t J Y 7"4' 5!� f City C 4 .. L * c S ,. State #-4 tj Zip s- f- I / > tf different than site address Lot: Otd Block: ooN Subdivision: S� u Scrtt ss Parcel Identification Number: .2 S : o SO o j,9 o Zoning District: ***RENOVATION, REMODEL, RESIDE, REROOF AND WINDOW REPLACEMENT:*** Year Structure Was Built: / & % (, Licensee Lead Certificate Number: Variance required: Yes I(No O Planning Dept. Case Number: Is there a water feature within 75' of any property lines? Yes K No ❑ Is the property in a floodplainl Yes O No X If YES, Complete Certificate of Compliance for Authorized Floodplain Development. Sewer Available: Yes W No O City Water Available: Yes 1k No O Basement Ist Level Ind Level 3rd Level Total Finished Finished Finished Finished Finished Unfinished Unfinished Unfinished Unfinished Unfinished Garage Square Footage: Attached Detached Tuck Under HVAC System: Oil ❑ Gas ❑ Electric ❑ Forced Air ❑ Hot Water ❑ A/C ❑ Mechanical Ventilation ❑ Number of Baths: Full % /2 Number of Bedrooms Number Future Bedrooms Number of Fireplaces: Masonry. Manufactured Other Dwelling Square Footage: Deck-Sq. Footage 3 Season Porch-Sq. Footage Screen Porch-Sq.Footage Value of Dwelling EXCLUDING C OTHER IMPROVEMENTS - EXISTING DWELLINGS Addition ❑ Basement Finish ❑ Deck ❑ Demolition ❑ Fence ❑ Fireplace ❑ Pool ❑ Remodel ❑ Repair ❑ Reroof ❑ Reside ❑ Shed ❑ UST installation/Removal IR Other ❑ Year home was built Explain: 10e4.1 ' L. r pip S' 4? a j e a F Lh • a t i Square Footage: ;kO L4- 4 Dimensions: PA- 2 A- S Value of Improvement: g.14. ova 0 1 D APPLICANT'S INFORMATION THIS IS AN APPLICATION FOR A PERMIT. IT IS NOT THE ACTUAL PERMIT. THE UNDERSIGNED STATES THE INFORMATION PROVIDED IS ACCURATE AND AGREES TO DO ALL WORK IN ACCORDANC WITH THE CHANHASSEN CITY CODE AND THE MINNESOTA STATE LAWS REGULATING BUILDING CONSTRUCTION. CONTRACTOR/APPLICANT: 1 tp 4 4 At. t, a r Li- C. T PERSON: �14 „ i � / � E-MAIL: 1�f,y So R (r-S Q f- S:s /J F CITY L ► S S `c t STATE: P1 �IIP: (W) (C) 61 2 - a S l - o ry 6 (F) — License Number: DATE: SIGNER CONTRACTOR'S AGENT OR EMPLOYEE SUNNED 0 CITY OF CHANHASSEN • HARDCOVER CALCULATION WORKSHEET EXISTING AND PROPOSED HARDCOVER Property Address: 7 >o i 'Vc- 4-, w r ✓e ; ) r 1. e1 L z s% , ",s j?f ?. A. House 25.1 X 2 G. Z = ryG .3i S.F. f 6.3 X y = I s 3. 94 S.F. 6ty X i ] .y = .. oo S.F. X = S.F. X = S.F. B. Garage 1y_ > X .2Q _ 1 _ 3 . p6 S.F. N. X 3. - N z . 6o S.F. C. Driveway X = S.F. X = S.F. D. Sidewalks X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Other X = S.F. (i.e. shed, etc.) X = S.F. rJey 9orc1, y X S.F. TOTAL HARDCOVER: !� A3y, y-ZS.F. TOTAL LOT SIZE: c q 4n_ oo S.F. HARDCOVER PERCENTAGE: 6_ y' % MAXD" % ALLOWABLE: % Prepared by: Reviewed by: Comments: Date: ©.Z O Date: G:\PLAN\Forms\Hardcover Calculation Worksheet.xls