The URL can be used to link to this page

CAS-13_MOE, BRAD, & HEIDI - 1425 BLUFF CREEK DRIVE (25-3320010)Thomas J. Campbu Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehl, Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Cynthia R. Kirchoff Marguerite M. McCarron 1380 Corporate Center Curve Suite 317 • Eagan, MN 55111 651-452-5000 Fax 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association Direct Did: (651) 234-6222 E-maflAddress. snelson@ck-law.com November 4, 2008 RECEIVED Ms. Kim Meuwissen NOV 5 — 2008 City of Chanhassen 7700 Market Boulevard CITY OF CHANHASSEN P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN— MISC. RECORDED DOCUMENTS ➢ Variance #08-13 — Bradley/Heidi Moe Property at 1425 Bluff Creek Drive (Lot 1, Block 1, The Hesse Farm 2ad Addition) Dear Kim: Enclosed for the City's files please find original recorded Variance #08-13 for a 4,145 square foot variance from the maximum 1,000 square foot detached accessory structure for construction of a 1,568 square foot detached garage shop on the above property. The variance was recorded with Carver County on September 8, 2008 as Abstract Document No. A488854. Regards, CAMPBELL KNUTSON Prole anal Association B S Le R. Nelson, gal A sistant SRN:ms Enclosure SCANNED r 0 •; 0 Document No. OFFICE OF THE A488854 COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee.$ 46.00 Check#: 19377 , Certified Recorded on 09-08-2008 at 01:30 ❑ ANO PM 11,111154 Cad W Count CITY OF CHANHASSEN CARVER AND HENNEPIN COUN'T'IES, MINNESOTA VARIANCE 08-13 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Planning Commission, acting as the Board of Adjustments and Appeals, approves Planning Case 08-13 for a 4,145 square -foot variance from the maximum 1,000 square -foot detached accessory structure on property located in the Rural Residential (RR) District, for the construction of a 1,568 square -foot detached garage/shop. The decision was not appealed to the City Council pursuant to Section 20-29(d); therefore, the granting of the variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 1, Block 1, The Hesse Farm 2nd Addition 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for a demolition permit prior to removal of any structures. 2. The applicant must apply for a building permit. 3. The applicant must supply a financial security for the removal of the existing garage upon completion of the proposed garage. The old garage must be removed within 30 days after issuance of a certificate of occupancy for the new garage. 4. The accessory structure may only be used for private residential or agricultural /farming -related uses. Jr. SCANNED r �- 0 0 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: June 17, 2008 CITY OF CHANHASSEN M (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) A. Furlong, Mayor Gerhardt, City Manager rll The foregoing instrument was acknowledged before me this 3 day of 3 u IJ ,da by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City o 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 2 \ /u • __ N- NOTARY PUBI�C Vim'� KIM T. MEUWISSEN Notary "uGlic-Minnesota y Commissim Expires Jan 31, 2010 CITY OF CHANHASSLO PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 LETTER OF TASMITTAL DATE JOB NO. 7/3/08 08-13 ATTENTION Sue Nelson RE: Document Recording WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 6/17/08 08-13 Variance 08-13 Lot 1, Block 1, The Hesse Farm 2" Addition ❑ FORBIDS DUE THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: Brad & Heidi Moe ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED If enclosures are not as noted, kindly notify us at once. SCANNED 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NUNNESOTA VARIANCE 08-13 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Planning Commission, acting as the Board of Adjustments and Appeals, approves Planning Case 08-13 for a 4,145 square -foot variance from the maximum 1,000 square -foot detached accessory structure on property located in the Rural Residential (RR) District, for the construction of a 1,568 square -foot detached garagelshop. The decision was not appealed to the City Council pursuant to Section 20-29(d); therefore, the granting of the variance is final. 2. Procerty. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 1, Block 1, The Hesse Farm 2°d Addition 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for a demolition permit prior to removal of any structures. 2. The applicant must apply for a building permit. 3. The applicant must supply a financial security for the removal of the existing garage upon completion of the proposed garage. The old garage must be removed within 30 days after issuance of a certificate of occupancy for the new garage. 4. The accessory structure may only be used for private residential or agricultural /farting -related uses. 0 0 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: June 17, 2008 CITY OF CHANHASSEN "V (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) A. Furlong, Mayor Gerhardt, City Manager 0 The foregoing instrument was acknowledged before me this 3 day of Ju 2007 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 ..w ti,.HM.w„nnnnnrmnni. LT.EUWISSEN3' - Nblic-Minnesotati......_..a My Expnas Jen 31 2010 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 08-13 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, June 17, 2008, 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 Variance from Chanhassen City Code Section 20-904 for accessory structures in excess of 1,000 square feet on property zoned Rural Residentlal(RR)locatedat 1425B1uff Creek Drive. Applicant: Brad Moe. 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/sery/ plan/08-13.html or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Angie Auseth, Planner I Email: aauseth&i.chanhassen.mn.us Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday, June 5,2W8; No. 4067) 0 0 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 6111—y 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: abodefghijklmnopgrstu By. - Iaune A. Hartmarm Subscribed and sworn before me on this � �day of 2008 Notary Public RATE INFORMATION GWEN M. MEW NOTARY PUBLIC-WNhWA Uy Cwrle nE#%ArL 31,2010 Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter ............................... $40.00 per column inch Rate actually charged forthe above matter ............................................... $12.19 per column inch SCANNED Y 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Brad and Heidi Moe for a 4,145 square -foot variance to permit the construction of a 1,568 square -foot detached garage/shop for agricultural purposes — Planning Case No. 08-13. On June 17, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Brad and Heidi Moe for a 4,145 square -foot variance from the 1,000 square -foot size limitation for detached accessory structures for the construction of a detached garage/shop for agricultural purposes at 1425 Bluff Creek Drive, located in the Rural Residential District (RR) on Lot 1, Block 1, The Hesse Farm 2nd Addition. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). 2. The property is guided by the Land Use Plan for Residential -Large Lot (2.5 acre minimum, 1/10 acre outside the MUSA). 3. The legal description of the property is: Lot 1, Block 1, The Hesse Farm 2°d Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. The literal enforcement of the ordinance does create a hardship. The property is zoned Rural Residential (RR) which permits agricultural uses and storage buildings. The property is an active farm operation which requires multiple storage buildings for the storage of farm supplies and equipment. The ordinance was changed in May 2007 limiting detached accessory strictures to 1,000 square feet with the presumption that a request to exceed the square footage limitation for a legitimate farm operation would be reasonable. There are two active farms within 500 feet of the subject site, both of which have detached accessory structures that exceed the 1,000 square foot limitation for the storage of related farm equipment and supplies. b. The conditions upon which this variance is based are not applicable to all properties in the RR zoning district. City Code was changed in May of 2007, limiting the size of a detached accessory structure in the RR district to 1,000 square feet. The subject site is unique due to the fact that it is an active farmstead and the applicant is continuing the 90 year tradition of o8 -i3 SCANNED farming 70 plus acres of land. The detached accessory structures are an essential part of the farm operation for the storage and maintenance of supplies and equipment. c. The purpose of the variation is not based on the desire to increase the value or income potential of the parcel of land. The purpose of the variance is to update an old storage and repair garage as they continue the farming operation over 70 plus acres of land. d. The alleged hardship of exceeding the 1,000 square -foot maximum accessory structure is not a self-created hardship. The purpose of the applicants' request is to continue the 90 year tradition of farming on the subject site, which requires storage buildings in excess of 1,000 square feet. The applicant farms over 36 acres under their personal ownership, as well as over 40 acres on neighboring properties. Storage buildings are essential to the farm operation in order to store and repair the necessary farm supplies and equipment. The ordinance was changed in 2007 to limit home occupations run out of accessory structures. At that time, it was presumed that legitimate agricultural uses which came in to construct or expand agricultural buildings would be able to receive a variance for such expansion since the size of the structure is related to its use for agricultural purposes. The hardship would relate to the ability to maintain the farming operation. e. The variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. The parcel is zoned Rural Residential (RR) and is eight acres in size and is an active farm. The applicant farms over 76 acres of personal and neighboring property in the area. The site currently has a 95 year old active bam that holds over 5,000 hay bales each season. The addition will have minimal impact on the neighboring properties and is an essential part of the farm operation. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. The garage/shop will be located where the existing house is and will serve the same purpose as the current garage/shop that will be removed. The equipment to be stored in the proposed garage/shop is currently on the site and is currently being used for farming neighboring properties. The addition of the garage/shop will not increase traffic congestion on the Bluff Creek Drive. The garage/shop is within the required setbacks and impervious surface requirements of the property. 5. The planning report #08-13, dated June 17, 2008, prepared by Angie Auseth, et al, is incorporated herein. ACTION "The Board of Adjustments and Appeals approves Planning Case #08-13 for a 4,145 square -foot variance from the maximum 1,000 square -foot detached accessory structure for an the construction of a 1,568 square -foot detached garage/shop on Lot 1, Block 1, The Hesse Farm 2°d Addition, based on these findings of fact." • ADOPTED by the Chanhassen Planning Commission on this 17'b day of June, 2008. gAplan\2008 planning cases\09-13 moe variance\findings of fac[.di KI CITY OF CH HASSEN 7700 Market Boulevard PO Boz 147 Chanhassen, MN 55317 Adminislntion Phone: 952.227.1100 Fax 952.227.1110 Building Inspections Phone: 952127.1180 Far. 952.227.1190 Engineering Phone: 952227.1180 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.2271400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 9552.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952227.1310 Senior Center Phone: 952.227.1125 Fax 952.227.1110 Web SNe www.ci.chanhassen.mn.us • 0 July 1, 2008 Brad and Heidi Moe 14372 Westridge Drive Eden Prairie, MN 55347 Re: Detached Accessory Structure Variance — Planning Case #08-13 Dear Mr. and Mrs. Moe: This letter is to formally notify you that on June 17, 2008, the Chanhassen Planning Commission approved Planning Case 08-13 for a 4,145 square -foot variance from the maximum 1,000 square -foot detached accessory structure for the construction of a 1,568 square -foot detached garage/shop on Lot 1, Block 1, Hesse Farm 2nd Addition. The variance is subject to the following conditions: 1. The applicant must apply for a demolition permit prior to removal of any structures. 2. The applicant must apply for a building permit. 3. The applicant must supply a financial security for the removal of the existing garage upon completion of the proposed garage. The old garage must be removed within 30 days after issuance of a certificate of occupancy for the new garage. 4. The accessory structure may only be used for private residential or agricultural /farming -related uses. To satisfy condition number three, as shown above, please provide the City with a security deposit of $1,000. The variance is valid for one year from the approval date. A building permit must be applied for prior to June 17, 2009 through the City's building department. If you have any questions, please contact me at 952- 227-1132 or by email at aauseth@ci.chanhassen.mn.us. Sincerely, Angie Auseth Planner I c: Jerry Mohn, Building Official Building Permit File glplanx2e108 planning c \09-13 m varianceMetter of appmval.doc SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. CHANHASSEN PLANNING COMMISSION REGULAR MEETING JUNE 17, 2008 Chairman Papke called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Kurt Papke, Kathleen Thomas, Debbie Larson, Mark Undestad, and Denny Laufenburger MEMBERS ABSENT: Dan Keefe and Kevin Dillon STAFF PRESENT: Kate Aanenson, Community Development Director; Sharmeen Al-Jaff, Senior Planner; and Joe Shamla, Project Engineer PUBLIC HEARING: ZONED RURAL RESIDENTIAL (RR) LOCATED AT 1425 BLUFF CREEK DRIVE. APPLICANT: BRAD MOE - PLANNING CASE 08-13. Kate Aanenson presented the staff report on this item. Larson: Are they planning on building another residence or? Aanenson: Yes. That was the, I'll go to the, this is the new residence that they're building. The existing home is this one and they will be building a new residence on site. Larson: Oh, I see. Okay. Aanenson: Yep. That's why we're saying we want to make sure we get building permits for the demolition and that's when we'll have the historical society come out and take pictures. I'm not sure if that contact's been made or not yet but we'll get that done. Laufenburger: Just to clarify. What they're proposing is to build a garage shop on the location where the existing residence is. Is that correct? Aanenson: Yes. And then a permanent residence too. Laufenburger: Okay. And have they identified where that permanent residence will be? Aanenson: Yes. Approximately when we're, well they have a significant area on the site to do that because this property itself is over 8 acres so that we don't see as a problem. Laufenburger: But today they're not in making application for building that residence? Aanenson: No. /CAMM Planning Commission0eeting - June 17, 2008 • Laufenburger: Okay. I did have another question too. Papke: Go ahead. Laufenburger: It says that they removed some structures prior to this and that was a good thing. Aanenson: Yes. Laufenburger: Is it customary for us to get demolition permits on structures like that? Aanenson: You know sometimes for clean-up sort of thing. Typically you get a demolition permit for a structure itself, if there's utilities to it, just to make sure that we tapped a well, or capped a well and septic. Those sort of things. I think some of these are more considered out buildings. Technically for agricultural purpose on agricultural land, you do not need a building permit. But when it's a residence, then it's not considered agricultural purposes or the garage wouldn't be considered. The barn would or maybe some of those out buildings may have been so it's kind of a little bit of a gray area there. Laufenburger: Thank you. Papke: I just have one question. One of the things we always have to consider is what happens if the property is to change hands or be subdivided, etc. In theory you could make 3 lots out of this and one of them would have this fairly large accessory structure. Now in theory it wouldn't be tremendously different from those lots that have large accessory structures that were grandfathered in before we changed the zoning code. Care to comment on those consequences at all? Aanenson: No, and I think that's a good point. That's something the staff wrestled with too is kind of what's the character of this area. These lots are significantly larger. Papke: Yeah. Aanenson: Because this is the original homestead being managed or owned by a family member. Sure over time, 20 years from now, could it be subdivided again? I think at that point we'd still anticipate probably the barn being saved. Hopefully we've got something in place to make that happen. There's always that potential to subdivide again but I think the way that the house is set up with that, we don't see that as a problem. Papke: You mentioned something that we would have something set up to retain the barn. What would we. Aanenson: Well we'd be working, you know what we've talked about with the county is looking at maybe somewhere in the city that we might try to find 1 or 2 barns that we'd like to try to preserve. 2 a:.;,.as Planning Commission Meetingoune 17, 2008 • Papke: Okay, got it. Got it. Aanenson: And I think you know this is an opportunity that's in a life estate you know. Papke: But nothing concrete on... Aanenson: Nothing, not yet but their goal is not to tear it down, which we support. Papke: Alright. If there's an applicant here this evening that would like to color in the lines a little bit, if you could come to the podium and state your name and address for the record and fill in any details that you think that might be illuminating on the case. Brad Moe: Hi. My name's Brad Moe. I'm the applicant. My address is 14372 Westridge Drive, Eden Prairie, Minnesota 55347. I think staff has spelled out the application and into great detail and I really don't have anything else to add. I can answer any questions. I think you had a question about the barn. You know we have every intent to keep the barn. We're using the barn and we spent a significant amount of money to repair and improve the barn. As far as subdividing, there's restrictive covenants. Harold never really wanted any of the Hesse Farm subdivided other than the way it is now so his intent was to have large acreage homes and our intent is to have that as well and we'd be ... subdivided. Papke: Questions? Thomas: I don't think I have any questions for him. Thank you. Papke: Denny? Laufenburger: None. Papke: Just one. You mentioned your residence is in Eden Prairie. Do you intend to reside on the property once your house is built there? Brad Moe: Yes. Papke: Okay. Brad Moe: My wife is on me every day. Our kids go to school in Chaska so we drop them off at the bus at the farm so. Papke: Okay. Got it. Thank you. Okay, would anyone from the public in the audience tonight like to comment or make any suggestions or comments? Seeing none, I'll call the public hearing closed. Questions. Comments. Concerns. Anybody have any issues you'd like to state? Laufenburger: I think it's a great thing they're doing. With the barn especially. Papke: Okay. That being the case, I will entertain a motion. 3 Planning Commissionteting - June 17, 2008 Undestad: I'll get it here. Papke: Now conveniently located on the front page for us. Aanenson: Yeah, we're finally doing that now. Undestad: And it's all accurate on the front page. Larson: They know us too well. Undestad: Alright, I propose Chanhassen Planning Commission recommends approval of Planning Case 08-13 for 4,145 square foot variance from the maximum 1,000 square foot detached accessory structure for the construction of a 1,568 square foot detached garage/shop on Lot 1, Block 1, The Hesse Farm 2nd Addition, subject to conditions I through 4 of the staff report and adopt the attached Findings of Fact and action. Papke: Okay. Is there a second? Thomas: Second. Undestad moved, Thomas seconded that the Chanhassen Planning Commission recommends approval of Planning Case 08-13 for 4,145 square foot variance from the maximum 1,000 square foot detached accessory structure for the construction of a 1,568 square foot detached garage/shop on Lot 1, Block 1, The Hesse Farm 2°d Addition, based on adoption of the attached Findings of Fact and Action, subject to the following conditions: The applicant must apply for a demolition permit prior to removal of any structures. 2. The applicant must apply for a building permit. 3. The applicant must supply a financial security for the removal of the existing garage upon completion of the proposed garage. The old garage must be removed within 30 days after issuance of a certificate of occupancy for the new garage. 4. The accessory structure may only be used for private residential or agricultural/farming related uses. All voted in favor and the motion carried unanimously with a vote of 5 to 0. n PROPOSED MOTION: "The Chanhassen Planning Commission recommends approval of Planning Case #08-13 for a 4,145 square -foot variance from the maximum 1,000 square -foot detached accessory structure for the construction of a 1,568 square -foot detached garage/shop on Lot 1, Block 1, The Hesse Farm 2°d Addition, subject to conditions 1 though 4 of the staff report and adoption of the attached Findings of Fact and Action." SUMMARY OF REQUEST: The applicant is requesting a 4,145 square -foot variance from the 1,000 square -foot size limitation for the construction of a 1,568 square -foot detached garage in addition to a functioning barn (3,577 square feet) on an active farmstead. LOCATION: 1425 Bluff Creek Drive Lot 1, Block 1, The Hesse Farm 2°d Addition APPLICANT: Brad and Heidi Moe (� 14372 Westridge Drive Eden Prairie, MN 55347 PRESENT ZONING: Rural Residential (RR) 2020 LAND USE PLAN: Residential -Large Lot (2.5 acre minimum, 1/10 acre outside MUSA) ACREAGE: 8.04 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 m 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. PROPOSAL SUMMARY The applicant is requesting a variance to exceed the 1,000 square -foot maximum area for a detached accessory structure. The property currently has a 3,577 square -foot functioning bam, a 1,152 square -foot detached two -car garagelshop, and a single-family home. The applicant is proposing to demolish the single-family home and build a new home on the western portion of the property and demolish the exiting garagg/shop and relocate it where the house currently sits. The proposed garage/shop is 416 square feet larger than the existing garage/shop. The garage will house two tractors, a bobcat and farm truck along with the required maintenance equipment and supplies necessary for the farming operation. SCANNED Moe Variance Request • Planning Case 08-13 June 17, 2008 Page 2 of 6 The Zoning Ordinance limits detached accessory structures to 1,000 square feet. While the size of these accessory structures exceeds the maximum square footage by 4,145 square feet, the property located on Lot 1, Block 1, The Hesse Farm, 2°d Addition is an active farm and requires such facilities to maintain the farm operation. The property is zoned Rural Residential (RR) which permits agricultural use. ADJACENT ZONING: The property owners are actively fanning the land on which the proposed garage is requested, as well as several off-site parcels. The limitation of a 1,000 square -foot detached accessory structure is not a self-created hardship as the buildings are necessary for the farm operation, which is a permitted use in the Rural Residential (RR) District Staff is recommending approval of the variance. WATER AND SEWER: Water and sewer service is not available to the site until Municipal and Urban Service Area (MUSA) phasing, scheduled for the year 2015. APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances. • Chapter 20, Article XI, Rural Residential (RR) District. • Section 20-904 (1) Accessory Structures. Moe Variance Request • Planning Case 08-13 June 17, 2008 Page 3 of 6 BACKGROUND The property is located on Lot 1, Block 1, The Hesse Farm 2°d Addition, which is zoned Rural Residential (RR). The subject property has an area of 350,222 square feet (8.04 acres). It has a lot frontage of approximately 764 feet along Bluff Creek Drive, 512 feet along West Farm Road and an average depth of greater than 500 feet. Minimum lot area in the RR district is two and one-half acres. The site is a combination of trees, sloping topography and agricultural fields. The existing home, barn and detached garage were built cerca 1915 by Harold Hesse as a farmstead. Staff has contacted the Carver County Historical Society regarding the historic significance of the house and barn. The house and barn will be documented prior to demolition. The property was subdivided in 1979 into The Hesse Farm 2°d Addition. The current homeowners are the daughter and son-in-law of Harold Hesse who have continued the 90 -year tradition of fanning the property. The original 300 plus acres of farmland has been reduced significantly to The Hesse Farm Subdivisions; named for Harold Hesse. The applicant continues to farm over 36 acres under their personal ownership (as shown above), as well as over 40 acres on neighboring properties. Section 20-904 Accessory Structures The current zoning ordinance pertaining to the maximum 1,000 square -foot detached accessory structure was adopted in May of 2007. Prior to that, City Code limited the size of detached accessory structures for properties zoned Single Family Residential (RSF) and Mixed Low Density Residential (114) Districts, but not in the Low and Medium Residential District (RLM); nor the Agricultural Estate (A2) and Rural Residential (RR) Zoning Districts since they were at one time related to agricultural uses. While the City's comprehensive plan does not provide for a purely agricultural land use, it does support the preservation of this use in greater Carver County. As the City continues to grow, agricultural uses are being replaced by estate homes. In some cases, contractors were purchasing the property and building accessory structures, in addition to an attached garage, to house their business. The City Code prohibits the use of accessory structures for home occupations. In order to address this issue, the code was amended to limit Moe Variance Request • • Planning Case 08-13 June 17, 2008 Page 4 of 6 the size of accessory structures to 1,000 square feet in all districts that permit single-family homes. At that time it was presumed that legitimate agricultural uses which came in to construct or expand agricultural buildings would be able to receive a variance for such expansion since the size of the structure is related to its use for agricultural purposes. The hardship would relate to the ability to maintain the farming operation. ANALYSIS The proposed garage is to be located where the house currently sits following the removal of the house. The Carver County Historical Society has been notified and will document the structure prior to its demolition. A demolition permit is required for the removal of the house. The original 3,577 square -foot barn is still being used to house over 5,000 bales of hay each season. There is also an existing 1,152 square -foot detached garagelshop which is being utilized as a workshop and storage for the farm equipment. The homeowner intends to remove the existing garage following approval and construction of the proposed 1,568 square - foot detached garage/shop. As a condition of approval, staff will require financial security to ensure the existing garage is, in fact, removed upon construction of the proposed garagetshop. Over the past several years, the applicant has removed over 6,360 square feet of dilapidated detached accessory structures including a 400 square -foot metal pole building, two Quonset buildings, a 1,200 square -foot and an 800 square -foot building, as well as two corrugated steel grain bins removed last fall. The applicant removed the structures with the assumption that they could be replaced with new, improved structures. The City Code allows a nonconforming use or structure to continue or be replaced provided it has not been discontinued for a period of more than one year. However, the nonconforming structures were removed over 12 months ago; therefore, the removed square footage may not be taken into account for the construction of the proposed garage. The purpose of the request to exceed the 1,000 square -foot accessory structure limitation is to continue the farming operation on the parcel. Agricultural uses were addressed in the discussion of the amendment in 2007, in that it would be a reasonable request to a variance based on a legitimate agricultural use. The request to exceed the 1,000 square feet for detached accessory structures is not a self-created hardship, as the building(s) are used for the storage and repair of Moe Variance Request • • Planning Case 08-13 June 17, 2008 Page 5 of 6 farm equipment. Denial of the variance could lead to a hardship in the applicant's ability to continue the 90 -year farm operation. Permitted Use Agriculture and storage buildings are permitted uses in the Rural Residential (RR) district. An essential part of the agricultural business is the use of accessory buildings for storage and repair of farm supplies and equipment. The applicant's variance request to exceed the 1,000 square -foot accessory structure limitation is reasonable as the garage/shop is essential to the continuation of the farm operation on the property. Section 20-58 (1) of the City Code defines reasonable use by comparable property within 500 feet of the subject site. There are two active farms within 500 feet of the subject site with accessory structures exceeding 1,000 square feet in size (shown at right). RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached findings of fact and action: "The Chanhassen Planning Commission recommends approval of Planning Case #08-13 for a 4,145 square -foot variance from the maximum 1,000 square -foot detached accessory structure for the construction of a 1,568 square -foot detached garagetshop on Lot 1, Block 1, The Hesse Farm 2°d Addition, based on adoption of the attached Findings of Fact and Action, subject to the following conditions: 1. The applicant must apply for a demolition permit prior to removal of any structures. 2. The applicant must apply for a building permit. 3. The applicant must supply a financial security for the removal of the existing garage upon completion of the proposed garage. The old garage must be removed within 30 days after issuance of a certificate of occupancy for the new garage. 4. The accessory structure may only be used for private residential or agricultural /farming -related uses." Moe Variance Request • Planning Case 08-13 June 17, 2008 Page 6 of 6 ATTACHMENTS 1. Findings of Fact and Action. 2. Development Review Application. 3. Reduced copy of lot survey. 4. Proposed Elevation of the garagelshop. 5. Floor plan for the garagetshop. 6. Public Hearing Notice and Affidavit of Mailing. gAplan\2008 planning cases\08-13 nm variance\variance wport.doc 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Brad and Heidi Moe for a 4,145 square -foot variance to permit the construction of a 1,568 square -foot detached garage/shop for agricultural purposes — Planning Case No. 08-13. On June 17, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Brad and Heidi Moe for a 4,145 square -foot variance from the 1,000 square -foot size limitation for detached accessory structures for the construction of a detached garagelshop for agricultural purposes at 1425 Bluff Creek Drive, located in the Rural Residential District (RR) on Lot 1, Block 1, The Hesse Farm 2°d Addition. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). 2. The property is guided by the Land Use Plan for Residential -Large Lot (2.5 acre minimum, 1/10 acre outside the MUSA). 3. The legal description of the property is: Lot 1, Block 1, The Hesse Farm 2°d Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. The literal enforcement of the ordinance does create a hardship. The property is zoned Rural Residential (RR) which permits agricultural uses and storage buildings. The property is an active farm operation which requires multiple storage buildings for the storage of farm supplies and equipment. The ordinance was changed in May 2007 limiting detached accessory structures to 1,000 square feet with the presumption that a request to exceed the square footage limitation for a legitimate farm operation would be reasonable. There are two active farms within 500 feet of the subject site, both of which have detached accessory structures that exceed the 1,000 square foot limitation for the storage of related farm equipment and supplies. b. The conditions upon which this variance is based are not applicable to all properties in the RR zoning district. City Code was changed in May of 2007, limiting the size of a detached accessory structure in the RR district to 1,000 square feet. The subject site is unique due to the fact that it is an active farmstead and the applicant is continuing the 90 year tradition of farming 70 plus acres of land. The detached accessory structures are an essential part of the farm operation for the storage and maintenance of supplies and equipment. c. The purpose of the variation is not based on the desire to increase the value or income potential of the parcel of land. The purpose of the variance is to update an old storage and repair garage as they continue the farming operation over 70 plus acres of land. d. The alleged hardship of exceeding the 1,000 square -foot maximum accessory structure is not a self-created hardship. The purpose of the applicants' request is to continue the 90 year tradition of farming on the subject site, which requires storage buildings in excess of 1,000 square feet. The applicant farms over 36 acres under their personal ownership, as well as over 40 acres on neighboring properties. Storage buildings are essential to the farm operation in order to store and repair the necessary farm supplies and equipment. The ordinance was changed in 2007 to limit home occupations run out of accessory structures. At that time, it was presumed that legitimate agricultural uses which came in to construct or expand agricultural buildings would be able to receive a variance for such expansion since the size of the structure is related to its use for agricultural purposes. The hardship would relate to the ability to maintain the farming operation. e. The variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. The parcel is zoned Rural Residential (RR) and is eight acres in size and is an active farm. The applicant farms over 76 acres of personal and neighboring property in the area. The site currently has a 95 year old active bam that holds over 5,000 hay bales each season. The addition will have minimal impact on the neighboring properties and is an essential part of the farm operation. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. The garagetshop will be located where the existing house is and will serve the same purpose as the current garage/shop that will be removed. The equipment to be stored in the proposed garagelshop is currently on the site and is currently being used for fanning neighboring properties. The addition of the garagetshop will not increase traffic congestion on the Bluff Creek Drive. The garagelshop is within the required setbacks and impervious surface requirements of the property. 5. The planning report #08-13, dated June 17, 2008, prepared by Angie Auseth, et al, is incorporated herein. ACTION "The Board of Adjustments and Appeals approves Planning Case #08-13 for a 4,145 square -foot variance from the maximum 1,000 square -foot detached accessory structure for an the construction of a 1,568 square -foot detached garage/shop on Lot 1, Block 1, The Hesse Farm 2°d Addition, based on these findings of fact." 0 6 ADOPTED by the Chanhassen Planning Commission on this 17th day of June, 2008. CHANHASSEN PLANNING COMMISSION I Its Chairman gAplan\2008 planning cases\08-13 moe varianceUindings of fact.doc PLEASE PRINT 0 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Contact: Phone: i14 X37 i/ Fax: Email: rGc1 tmoe � GPlanning Case No.�' '� Owner ame and Aldrew Contact: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Nonconforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost** - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ 2 c) `� ' An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8`/:" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME:/�h��— ,n LOCATION: _ � �ffZS 161 U /l ` ✓eell f') f iLL' L LEGAL DESCRIPTION AND PID: O / Z Z )CC & TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. J � Signa of Applicant Si�r1 re of Fee Owner -- SCANNED G:\plan\fonns\Development Review Applicabon.DOC Date Date Rev. 1/08 PROJECT NAME: Mo -e— v a o a nC LOCATION: fA 6 % U / f C ✓ eeh 4 / jl t LEGAL DESCRIPTION AND PID: OG1 TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION YES t NO REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signa of Applicant >046e of Fee J-116 -D� Date Date G:lplanVo6sVoevelopment Review Application.DOC SCANNED Rev. 1/08 Written justification for approval of variance at 1425 Bluff Creek Drive To allow construction of replacement Shop Accessory Structure over 1,000 square feet. Concerning City of Chanhassen Code Sec. 20-904. Accessory structures. My wife Heidi and I intend to build a new home on the homestead property located at 1425 Bluff Creek Drive within the City of Chanhassen. Our intentions are to continue the 90 year Hesse Farm farming tradition. Heidi was raised on the property and her father Harold Hesse was bom, lived, and worked his entire live on the farm. After careful consideration we are preparing to demolish the existing home and detached four car shop, the barn will remain as it is an essential part of the farm operation housing more than 5,000 bales of hay each season and one the few actively working old barns within the City of Chanhassen. Logically it is our intent replace the existing shop once it is removed. We intend to build the new shop in the location of the existing home. Once the new shop is constructed the existing four car shop will be removed, and we will then begin construction on the new home. The proposed shop will function as a repair and storage area for tractors and equipment for the operation of the farm, as the existing but aging shop currently does. The new structure will be approximately 28'x 56'. We are asking for a variance of Code Sec. 20-904, if the code is enforced it would cause undue hardship for our family. The homestead property has always been operated as a farm within our family; it is actually one of the few remaining original farms in Chanhassen. The 300+ acre farm has been reduced due to the Hesse Farm subdivisions, but is still very active. We currently farm 10 acres that we own on the north side of the Farm, 21+ acres that we own on the south side and approximately 5 acres on the homestead. We also do considerable farming on neighboring properties to the extent of approximately 40+ acres. In order to facilitate the farming operation I need tractors and equipment. With the removal of all the sheds and shops, I need a location to repair, store and maintain my tractors and equipment. The new shop will hold two large tractors, a bobcat, and farm truck, along with all required maintenance equipment and supplies. Not having a shop to repair and store tractors and equipment will not allow us to continue our farm operation. Over the past several years I have made every effort to clean up the property, remove debris, and repair older structures. We recently spent $40,000 in repairs to maintain the 95 year old barn. If we are not allowed to construct a shop that is a necessity for the farm operation, there will also be no reason to continue the expense of maintaining the barn, which we would then be forced to remove. My understanding is that because the proposed shop is a 4 feet wider and 12 feet longer than the existing shop we are required to pay the $250 variance fee, plus the cost to notify all neighbors, write a narrative request, and wait for a month for decision from the planning commission, because of ordinance Sec. 20-904 was recently enacted. n U It is also my understanding that the City will not allow credit for the numerous structures I have previously removed from the homestead because they were removed more than 12 months ago. The square footage of the properties I previously removed (40' x 100' metal pole building, 26'x 60' Quonset shop, and 20' x 40' add up to 6,360 square feet not including the basement of the hog barn or the two corrugated steel grain bins I removed last fall. The removal of these structures was based upon the assumption that I could replace some of the structures with new improved farm structures. To say the least, we find this very frustrating! Heidi and I await your approval of the variance to allow us to continue the farm operation and for our children to be raised as forth generation farmers on the Hesse Farm. Brad & Heidi Moe 952-937-9913 Home 952465-8611 Cell 952-200-7218 Cell bradmoe0vahoo.com heidiRmoe0vahoo.com LOT 4 gLOCK LOT 9�we b bpi 1 �i 11E IQ4 .VY'dD NIIIM. 11� 1YeP y.piaW� 9wl rN mMO4�1 G„WMxat ;W is Y F F No rio'eirli'two /wl - P�1100,1 A / /Sone ,s Notm e�FP m nti�e� m ervv�� of W i W 1. M If14 fMY ap M1Mx. rtl� 4ae M YW'W E 211K MiOWI.lO1 fEA RT.bm SARNIC .W11�. 51111CM145 P6a lm 6 SKEGT o mufc u>Nes rfv ro A. r a. f.a Yn o.. a+.. r, as 60 0 00 60 r- 1 �.-60 feet {el 1. iir 1. AE M$ fMl n0 .mlyl m�FQ 1e M SMO M% �. QIP Md rgalu IURTQ YIM Ael [� b Id i Vr t 1E 1@ iMY 20 NQMI 6g m tlw M �w rr rel eeM s s�rmr.m w��.e rYax r� m �r m PmW ri Yrr�sw n q.e�e � a air Y4 6 e wsr a az.e 0 9 1 1= SCANNED 9l/ll Ot-Al� n ----------- SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on June 5, 2008, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Moe Variance Request — Planning Case 2008-15 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this S+hday of -ZlUn4— 12008. ' Notary Publi(__,,, I:U- MTte.aE1�SSENta MONota?MbliUp u M Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 17, 2008 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. Council Chambers, 7700 Market Blvd. Request for Variance from Section 20-904 for accessory Proposal: structures in excess of 1,000 square feet on property zoned structures in excess of 1,000 square feet on property zoned Rural Residential (RR). Applicant: Brad Moe Property 1425 Bluff Creek Drive Location: A location map Is on the reverse side of this notice. A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the about this project. During the meeting, the Chair will lead the public hearing through the following steps: W What Happens Wthe 1. Staff will give an overview of the proposed project. at Meeting: 2. The applicant will present plans on the project. 2. The applicant will present plans on the project. • 3. Comments are received from the public. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses 4. Public hearing is closed and the Commission discusses the project. the project. If you want to see the plans before the meeting, please visit If you want to see the plans before the meeting, please visit the City's projects web page at: the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/08-13.htmi. If you wish to www.ci.chanhassen.mn.us/sere/plan/08-13.htmi. If you wish to talk to someone about this project, please contact Angie talk to someone about this project, please contact Angie Auseth by email at aauseth@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available Commission. The staff report for this Item will be available online on the project web site listed above the Thursday online on the project web site listed above the Thursday prior to the Planning Commission meeting. Cay 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. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process, The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industdal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal Staff is also available to review the project with any interested person(s), • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 17, 2008 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. Request for Variance from Section 20-904 for accessory Proposal: structures in excess of 1,000 square feet on property zoned Rural Residential (RA). Applicant: Brad Moe Property 1425 Bluff Creek Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. • 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sere/plan/08-13.htmi. If you wish to talk to someone about this project, please contact Angie Auseth by email at aauseth@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland 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 application in writing. Any interested party is invited to attend the meeting. includes information and a recommentla • Staff prepares a report on the subject application that all pertinent These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote or the City Council except rezonings and land use amendments from residential to commercial/Industrial, • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. ufsclalmer 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 vancus city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The Gty does not warrant that the Geographic Information System (GIS) Data used to prepare this map are enor free, and the Gty does not represent that the GIS Data can be used for navigational, backing or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If enors or discrepancies are found please tooted 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Stables §466.03, Subd. 21 (2000), and the user of this map scknoMedges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend indemnify, and held harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the usees access or use of data provided. Disclaimer This map is neither a legally recorded map nor a wrvey and is mot 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 shorn, and is to be used for reference purposes only. The City does not warrant Nat Ne 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 navigation&, backing or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer Is provided pursuant to Mnnesota Statutes §466.03, Sued. 21 (2000), and the user of this map acknowledges that the Gty shall not be liable for any damages. and expressly waives all dams. and agrees to defend Indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, cr third parties which arise out of the uses access or use of data pmvlded. 0 0 0 RONALD R SYMANITZ & ROBERT G & JUDY I STEFFES MICHAEL G & KATHY A ARNOLD RAYMOND P SYMANITZ TRUSTEES OF TRUSTS 1400 HESSE FARM RD 13560 SKYLINE CIR 1350 HESSE FARM RD SHAKOPEE , MN 55379 -8708 CHASKA. MN 55318 -9523 CHASKA, MN 55318 -9523 KENNETH O & JUDY M EIDE 1500 WEST FARM RD CHASKA, MN 55318 -9528 KIRK A MACKENZIE PO BOX 1759 ANNA MARIA, FL 34216 -1759 ROBERT R JR & MARY C FAFINSKI 1520 WEST FARM RD CHASKA, MN 55318 -9528 JEFFREY AJONCKOWSKI & BRENDA C JONCKOWSKI 1315 BLUFF CREEK DR CHASKA, MN 55318 -9515 NICHOLAS & FRANKIE EVANOFF 1401 HESSE FARM RD CHASKA, MN 55318 -9524 JAMES A & CARLA J STRUBLE 1405 WEST FARM RD CHASKA. MN 55318 -9517 MICHAEL & JODI PARADIS 10421 BLUFF CIR CHASKA, MN 55318 -9534 JOHN D & DURENE KLINGELHUTZ C/O KLINGELHUTZ CONST CO 350 HIGHWAY 212 E CHASKA, MN 55318 -2144 JOHN R & JILL E MATUSCAK 1501 WEST FARM RD CHASKA, MN 55318 -9528 BLUFF CREEK GOLF ASSOC CRAIG & GINNY VLAANDEREN BRADLEY S & HEIDI R MOE 1025 CREEKWOOD DR 745 JOHNS WELL CT 14372 WESTRIDGE DR CHASKA, MN 55318 -9647 ARGYLE, TX 76226 -1730 EDEN PRAIRIE, MN 55347 -1737 0 0 Public Hearing Notification Area (500 feet) (Subject Property Highlighted in Yellow) Moe Variance Request 1425 Bluff Creek Drive Planning Case 2008-13 CITY OF CHANHASSEN • • P O BOX 147 CHANHASSEN MN 55317 06/11/2008 2:28 PM Receipt No. 0073665 CLERK: katie PAYEE: BRADLEY MOE HEIDI MOE 14372 WESTRIDGE DRIVE EDEN PRAIRIE MN 55347-1737 Planning Case 08-13 ------------------------------------------------------- GIS -------- --- -------------------- GIS List 42.00 Total Cash Check 5485 Change 42.00 0.00 42.00 0.00 SCANNED 0 • City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 sof (952) 227-1100 To: Brad Moe 14372 Westridge Drive Eden Prairie, MN 55347 Invoice SALESPERSON DATE TERMS KTM 6/5/08 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 14 Property Owners List within 500' of 1425 Bluff Creek Drive (14 labels) $3.00 $42.00 TOTAL DUE $42.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for June 17, 2008. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #08-13. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 05/16/2008 3:08 PM Receipt No. 0071748 CLERK: katie PAYEE: BRADLEY MOE HEIDI MOE 14372 WESTRIDGE DRIVE EDEN PRAIRIE MN 55347-1737 Planning Case 08-13 ------------------------------------------------------- Use & Variance 200.00 Recording Fees 50.00 Total Cash Check 5481 Change 250.00 0.00 250.00 0.00 SCANNED 0 MOE VARIANCE - PLANNING CASE 08-13 $200 Variance $50 Recording Escrow $250 TOTAL Brad Moe paid $250 Check No. 5481 0 SCANNED M=.m6s Ei/Od 5'mR'IVE /LD.ED. .KII�ES .IIN DS 6 91B.i[I LLC.h VIY16 M'll f0 Giomdtics 11C n~ nL.PnX ALar.et% u t a.n t .< aux rw m in.nua m..am m ro.wn .m 16e1PM ^.uLMt.MM>g vrl.m/➢e141 qm.q m M Ory rmba M 6mwL eeW s M W nst elml mem M W W L Ym�m Msu M fW. M m my�M� M�Svn b d.i.m . Mvlm W mmY tiC Nns (Ive W Oq�lO Mulmbo.Y l..IbaMm N$H I..0 4nv NVU $W Mwv.v�mMmml M isCelmi. xw N W b1m2 b SCALJmED < BLOCK LOT 6 60 0 w 60 /Surv. Certifiratlon em Net.. Loved Des rletlen M=.m6s Ei/Od 5'mR'IVE /LD.ED. .KII�ES .IIN DS 6 91B.i[I LLC.h VIY16 M'll f0 Giomdtics 11C n~ nL.PnX ALar.et% u t a.n t .< aux rw m in.nua m..am m ro.wn .m 16e1PM ^.uLMt.MM>g vrl.m/➢e141 qm.q m M Ory rmba M 6mwL eeW s M W nst elml mem M W W L Ym�m Msu M fW. M m my�M� M�Svn b d.i.m . Mvlm W mmY tiC Nns (Ive W Oq�lO Mulmbo.Y l..IbaMm N$H I..0 4nv NVU $W Mwv.v�mMmml M isCelmi. xw N W b1m2 b SCALJmED Cuff OF Date: May 19, 2008 • City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department By: Robert Generous, Senior Planner Subject: Request for Variance from Section 20-904 for accessory structures in excess of 1,000 square feet on property zoned Rural Residential (RR) located at 1425 Bluff Creek Drive . Applicant: Brad Moe Planning Case: 08-13 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on May 16, 2008. The 60 -day review period ends July 15, 2008. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on June 17, 2008 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than June 6, 2008. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official L Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or SprintfUnited) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPomt Energy Minnegasco 0 0 Location Map (Subject Property Highlighted in Yellow) Moe Variance Request 1425 Bluff Creek Drive Planning Case 2008-13 0 0 Written justification for approval of variance at 1425 Bluff Creek Drive to allow construction of replacement Shop Accessory Structure over 1,000 square feet. Sec. 20-904. Accessory structures. (1) In the A2, RR, RSF, RLM and R4 districts accessory structures shall not exceed 1,000 square feet. Heidi and I intend to build a new house on homestead property located at 1425 Bluff Creek Drive within the City of Chanhassen. Heidi was raised on the property and her father Harold Hesse was born and lived his entire live on the property. Due the zoning requirements of 10 acres, (we have 8 acres) we are required to remove the existing house prior to building a new structure. We are preparing to demolish the existing home and four car shop, the barn will remain as it is an essential part of the farm operation and one the few remaining barns within the City of Chanhassen. Our intent is to build a new shop and accessory building where the home is currently, once it is removed. Once the new shop is constructed the existing four car shop will be removed. The new shop will function as a repair and storage area for tractors and equipment for the operation of the farm, as the existing shop currently does. The new structure will be approximately 28'x 50' and have cement board siding, with a steel standing seam roof. The structure will be built with attic -in -truss trusses to allow storage in the attic of the structure. When the new home is constructed an attached garage will be constructed to house automobiles. Enforcement of City Code Sec. 20-904 would cause undue hardship. The property has operated as a farm within our family since 1920. Not having a shop to repair and store tractors and equipment will not allow us to continue our farm operation. Over the past several years 1 have tried to clean up the property and repair older structures. I have removed a 40 x 100 foot metal pole barn from the property, a 26 x 60 foot Quonset storage area, and a 20 x 40 foot hog barn. I have also removed two corrugated steel grain storage bins. The removal of these structures was based upon the assumption that I could replace the structures with new improved structures. Brad & Heidi Moe 952-937-9913 Home 952-465-8611 Cell 952-200-7218 Cell bradmoe(a)yahoo.com heidiRmoe(a)yahoo. com SCANNED LOT 4 BLOcK LOT \- � Certificate rw m evnoa ,awaMx Geomatics Survey r,M w.�t or.. Cvp, sM�MM wane n,M -.o �oveaw rcnoa meswc r,nan. a .. r +o � w.r �r x w.e tie wrmrr snunaa � w a seen r+s+.M e,e+ar.r �. sn..a a . rreaanm Ma .�.��r aa.w.m IrC Misv MSP S¢W 1rr1 ins. v M. p tlx nea irtlr,r mnv a W W 2 mi .wpa�lr as9 s,a My M.. nsv.r.y ti a vtl ,a x r w ran a 0.anw. a. w SCANNED r� U 0 Written justification for approval of variance at 1425 Bluff Creek Drive To allow construction of replacement Shop Accessory Structure over 1,000 square feet Concerning City of Chanhassen Code Sec. 20-904. Accessory structures. My wife Heidi and I intend to build a new home on the homestead property located at 1425 Bluff Creek Drive within the City of Chanhassen. Our intentions are to continue the 90 year Hesse Farm farming tradition. Heidi was raised on the property and her father Harold Hesse was bom, lived, and worked his entire live on the farm. After careful consideration we are preparing to demolish the existing home and detached four car shop, the barn will remain as it is an essential part of the farm operation housing more than 5,000 bales of hay each season and one the few actively working old barns within the City of Chanhassen. Logically it is our intent replace the existing shop once it is removed. We intend to build the new shop in the location of the existing home. Once the new shop is constructed the existing four car shop will be removed, and we will then begin construction on the new home. The proposed shop will function as a repair and storage area for tractors and equipment for the operation of the farm, as the existing but aging shop currently does. The new structure will be approximately 28'x 56'. We are asking for a variance of Code Sec. 20-904, if the code is enforced it would cause undue hardship for our family. The homestead property has always been operated as a farm within our family; it is actually one of the few remaining original farms in Chanhassen. The 300+ acre farm has been reduced due to the Hesse Farm subdivisions, but is still very active. We currently farm 10 acres that we own on the north side of the Farm, 21+ acres that we own on the south side and approximately 5 acres on the homestead. We also do considerable farming on neighboring properties to the extent of approximately 40+ acres. In order to facilitate the fanning operation I need tractors and equipment. With the removal of all the sheds and shops, I need a location to repair, store and maintain my tractors and equipment. The new shop will hold two large tractors, a bobcat, and farm truck, along with all required maintenance equipment and supplies. Not having a shop to repair and store tractors and equipment will not allow us to continue our farm operation. Over the past several years I have made every effort to clean up the property, remove debris, and repair older structures. We recently spent $40,000 in repairs to maintain the 95 year old barn. If we are not allowed to construct a shop that is a necessity for the farm operation, there will also be no reason to continue the expense of maintaining the barn, which we would then be forced to remove. My understanding is that because the proposed shop is a 4 feet wider and 12 feet longer than the existing shop we are required to pay the $250 variance fee, plus the cost to notify all neighbors, write a narrative request, and wait for a month for decision from the planning commission, because of ordinance Sec. 20-904 was recently enacted. 0 0 It is also my understanding that the City will not allow credit for the numerous structures I have previously removed from the homestead because they were removed more than 12 months ago. The square footage of the properties I previously removed (40'x 100' metal pole building, 26'x 60' Quonset shop, and 20' x 40' add up to 6,360 square feet not including the basement of the hog barn or the two corrugated steel grain bins I removed last fall. The removal of these structures was based upon the assumption that I could replace some of the structures with new improved farm structures. To say the least, we find this very frustrating! Heidi and I await your approval of the variance to allow us to continue the farm operation and for our children to be raised as forth generation farmers on the Hesse Farm. Brad & Heidi Moe 952-937-9913 Home 952-465-8611 Cell 952-200-7218 Cell bradmoe(a)vahoo.com heidiRmoe(@vahoo.com • 4 I„ i „ • ;;77� TO: Robert Generous, Senior Planner FROM: Jerritt Mohn, Building Official DATE: May 20, 2008 SUBJ: Review of variance request to increase size of accessory structure to be located at 1425 Bluff Creek Dr. Planning Case: 08-13 I have reviewed the above request for a variance and have no comment. Q\plan\2008planning cases\08-13 Mm Variance\buildingofficialcomments.doc LOT 4 BLpcK ELEVATION -893.60 S (89'32 22').E 10. LOT I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. /�1/02/2008 ason M. Gustaffso Date PLS 42596 _\\ 0 N� Certificate of Survey �* \ Boundary survey and Certificate of Survey for Lot 2, Block 1, THE HESSE FARM 2ND ADDITION. New Home Construction Survey with topography. 0 Gustafson Geomatics, Ilc "Professionalism, Integrity, Accuracy 1 e ,nto:0'�V' Le Al L=160.53' ><o;R=621.46 14'48'00" 1x,4 = 15 2 - Al \=�IloS�i cy G r a \ �L\ �� # A L^ 20.00 0 Legend 0 Found Iron Pipe / (Unless otherwise denoted) �$ Septic Manhole Deciduous Tree 4 / • / N\\. Coniferous Tree Control Point / ® Electric Ped ® Telephone Ped Sign Light Pole / / `1• (xxx)Plat/Record � Graphic Scale E /Surveyor's Notes I onnl lipeerir Bearings are referenced to the southeasterly line of Lot 2, Bock 1, THE HESSE FARM 2ND ADDITION, which bears N 55'09'03" E. 1 inch=60 feet ZONING INFORMATION PER CITY OF CHANHASSEN: —ZONE=RURAL RESIDENTIAL —HARDCOVER MAX=20% —FRONT YARD SETBACK=50' —SIDE YARD SETBACK=10' —NO ADDITIONAL DETACHED STRUCTURE ALLOWED. —NO ADJACENT STRUCTURES WITHIN 300' OF SUBJECT PROPERTY. —GOPHER ONE TO LOCATE UTILITIES PRIOR TO CONSTRUCTION. Brad Moe 14372 West Ridge Drive Eden Prairie, MN Site: 1425 Bluff Creek Drive �,Chanhassen, MN Lot 1, Block 1, THE HESSE FARM 2ND ADDITION, according to the recorded plat thereof, Carver County, Minnesota. TOGETHER WITH That part of Lot 2, Block 1, THE HESSE FARM 2ND ADDITION, according to the duly recorded plat thereof, described as follows: Beginning at the most easterly comer of said Lot 2; thence run southwesterly along the southeasterly line thereof for a distance of 207.00 feet on an assumed bearing of South 55 degrees 09 minutes 03 seconds West; thence North 45 degrees 18 minutes 38 seconds West for a distance of 302.45 feet; thence North 300.00 feet more or less to the most northerly comer of said Lot 2; thence run southeasterly along the northeasterly line of said Lot 2 to the point of beginning. LOT 4 BLpcK S (89 32 22).E 10. LOT I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. 4ason M. C PLS 42596 1/02/2008 Date a AS Certificate of Survey Boundary survey and Certificate of Survey for Lot 2, Block 1, THE HESSE FARM 2ND ADDITION. New Home Construction Survey with topography. a a Gustafson Geomatics, Ilc ® "Professionalism, Integrity, Accuracy www.ggemnatica.com Phone/Fox 888-245-6934 VN LO 0 L=160.53' R=621.46 �L14'48'00" yr G o� e � 9( / B96 1 / S / TOP IRON PIPE ELEVAt10N-899.59 S ) / 0 Legend Found Iron Pipe \ / (Unless otherwise Septic Manhole \/ �R0 �/ Deciduous Tree e / Coniferous Tree Control Point / ® Electric Ped ® Telephone Ped Sign �t Light Pole (xxx)Plat/Record / Graphic Scale /Surveyor's Notes In Bearings are referenced to the southeasterly line of Lot 2, Bock 1, THE HESSE FARM 2ND ADDITION, which bears N 55'09'03" E. ZONING INFORMATION PER CITY OF CHANHASSEN: —ZONE=RURAL RESIDENTIAL —HARDCOVER MAX=207 —FRONT YARD SETBACK=50' —SIDE YARD SETBACK=10' —NO ADDITIONAL DETACHED STRUCTURE ALLOWED. —NO ADJACENT STRUCTURES WITHIN 300' OF SUBJECT PROPERTY. —GOPHER ONE TO LOCATE UTILITIES PRIOR TO CONSTRUCTION. (Brad Moe 14372 West Ridge Drive Eden Prairie, MN Site: 1425 Bluff Creek Drive Chanhassen, MN 1 inch=60 feet aal Description Lot 1, Block 1, THE HESSE FARM 2ND ADDITION, according to the recorded plat thereof, Carver County, Minnesota. TOGETHER WITH That part of Lot 2, Block 1, THE HESSE FARM 2ND ADDITION, according to the duly recorded plat thereof, described as follows: Beginning at the most easterly comer of said Lot 2; thence run southwesterly along the southeasterly line thereof for a distance of 207.00 feet on an assumed bearing of South 55 degrees 09 minutes 03 seconds West; thence North 45 degrees 18 minutes 38 seconds West for a distance of 302.45 feet; thence North 300.00 feet more or less to the most northerly comer of said Lot 2; thence run southeasterly along the northeasterly line of said Lot 2 to the point of beginning. X,