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CAS-15_BETSY ANDING VARIANCE - 3625 RED CEDAR POINT ROADThomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehlcr Soren M. Mattick John F. Kelly Henry A. Schaeffer, 111 Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron 1380 Corporate Center cu: Suite 317 • Eagan, MN 5512 651-452-5000 Fax 651-452-5550 www.ck-taw.com CAMPBELL KNUTSON Professional Association Direct Did: (651) 23/-6222 E-mailAddress. snetson@ck-law.com January 29, 2010 CITY OF RECEIVEDSSEN Ms. Kim Meuwissen FEB 0 3 2010 City of Chanhassen 7700 Market Boulevard CHANHASSEN PLAWINING DEPT P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN — MISC. RECORDED DOCUMENTS D VARIANCE 09-15A-3625 RED CEDAR PoiNT/BESTY ANDING (15.5' Front Yard Setback Variance, 6.5' East Side Yard Setback Variance, 9' Driveway Setback Variance, and Variance from the Two -car Garage Requirement) D VARIANCE 09-15B —3625 RED CEDAR POINT/BETSY ANDING (18.5' Shoreland Setback Variance for the Construction of a Single Family Home on a Non -conforming Lot of Record) [Lot 11, and the East 10 Feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta — Parcel ID No. 25.66003301 Dear Kim: Enclosed for the City's files please find the above referenced original recorded variance documents approving miscellaneous setback variances for property located at 3625 Red Cedar Point. Variance 09-15A was recorded with the County on November 18, 2009 as Abstract Document No. A510761, and Variance 09-15B was recorded on November 18, 2009 as Abstract Document No. A510762. Regards, CAMPBELL KNUTSON Professional Association RM u an R. Nelson, Legal 116ssistant SRN:ms Enclosures SCANNED Document No. OFFICE OF THE COUNTYRECORDER A 510761 CARVER COUNTY, MINNESOTA Fee 546 00 Receipt# Certified Recorded on 11/18/2009 at 14AM51n7F., CITY" OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NHNNESOTA VARIANCE 09-15A 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission as the Board of Adjustments and Appeals approves Planning Case 09-15 for a 15.5 -foot front yard setback variance, a 6.5 -foot east side yard setback variance, a 9- foot driveway setback variance along the west property line, a variance from the two -car garage requirement for the construction of a single -car garage, and a hard surface coverage variance that will include the removal of the shed and a portion of the driveway, for the construction of a single- family home on a non -conforming lot of record. The granting of this 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 11 & east 10 feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta 3. Condition. The variance approval is subject to the following conditions: A. Building Official Conditions: 1. A building permit is required. 2. Any portion of the structure less than five (5) feet from a property line must be of one- hour fire -resistive construction. SCANNED y 3. Any retaining was greater than 4 feet in height must receive building permit approval. 4. Retaining walls greater than 4 feet in height must be designed by a structural engineer licensed in the State of Minnesota. B. City Forester Conditions: 1. Tree protection fencing must be properly installed at the edge of the grading limits on the entire east, west and south sides. This must be done prior to any construction activities and remain installed until all construction is completed. 2. The roots of neighboring trees must be cut by hand or a vibratory plow. 3. No equipment maybe stored within the tree protection areas. 4. If no trees are present in the rear yard, two overstory, deciduous tree are required to be planted. If the existing ash tree is preserved, one overstory, deciduous tree will be required to be planted. Trees must have a minimum diameter of 2'W' when planted. C. Water Resource Coordinator Conditions: The plans shall be revised to indicate the placement of silt fence or other approved perimeter BMP as well as incorporate any applicable Chanhassen standard details for erosion and sediment control. This should include, at a minimum, 393-5301 and 393- 5302B. All erosion and sediment control features shall be installed prior to any earth disturbing activities and shall remain in place until at least 75% of the property is permanently stabilized 2. The applicant shall apply for and obtain permits from the appropriate regulatory agencies where applicable and comply with their conditions of approval. D. General Condition: 1. The garage may not exceed 13' x 20'. The hard surface coverage variance shall exclude the shed and a portion of the driveway for a maximum hard surface coverage of 37.3%. 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: October 6, 2009 SCANNED i CITY OF CHANHASSEN A �- BY: /K (SEAL) Thomas A. Furlong, AND: Todd Gerhardt, City Manager STATE OF MINNESOTA (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thisZ day of CLid�Qr 2009 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. T I--,1� NOTAR PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 4 KIM T. MEUWISSEN E e Notary Public -Minnesota My Commission Expires Jen 31, 2110 SCANNED A I . OFFICE OF THE pOCtlnwt NO. COUNTY RECORDER A 00762 CARVER COUNTY, MINNESOTA Fee: $46.00 ReceIPW z CertMed Recorded on 11/182009 at 12:30 A y] PM 91�IIIIV�Y�Carl nS' Jr.Jr CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 09-15B 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 18.5 -foot shoreland setback variance for the construction of a single-family home on a non -conforming lot of record. The granting of this 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 11 & east 10 feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta 3. Condition. The variance approval is subject to the following conditions: A. City Forester Conditions: 1. Tree protection fencing must be properly installed at the edge of the grading limits on the entire east, west and south sides. This must be done prior to any construction activities and remain installed until all construction is completed. 2. The roots of neighboring trees must be cut by hand or a vibratory plow. 3. No equipment may be stored within the tree protection areas. SCANNED r r,' 4. If no trees are present in the rear yard, two overstory, deciduous tree are required to be planted. If the existing ash tree is preserved, one overstory, deciduous tree will be required to be planted. Trees must have a minimum diameter of 2'/2" when planted. B. Water Resource Coordinator Conditions: The plans shall be revised to indicate the placement of silt fence or other approved perimeter BMP as well as incorporate any applicable Chanhassen standard details for erosion and sediment control. This should include, at a minimum, 393-5301 and 393- 5302B. All erosion and sediment control features shall be installed prior to any earth disturbing activities and shall remain in place until at least 75% of the property is permanently stabilized. 2. A rock construction entrance shall be maintained until the permanent driveway is in place. This entrance shall follow the specifications described in Detail Plate No. 5301. Due to the size of the lot, the rock entrance may be reduced to 20 feet in length and width but must otherwise comply with the specifications previously mentioned. 3. The applicant shall apply for and obtain permits from the appropriate regulatory agencies where applicable and comply with their conditions of approval. 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: October 20, 2009 SCANNED ►► .. CITY OF CHANHASSEN FXW (SEAL) Thomas A. Furlong, U AND: Todd Gerhardt, City Manager STATE OF MINNESOTA (ss COUNTY OF CARVER ) �ry -- II __ 1 The foregoing instrument was acknowledged before me thip3"day of lJ(� KIP r 2009 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. NOTARY "9C DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 _ KIM T. MEUWISSEN a`' Notary Public -Minnesota a1`�' : �� * Commission Expires Jan 31, 2010 wwv'l 3 SCANNED CITY OF CHANHASI 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 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TANSMITTAL DATE JOB NO. 10/26/09 09-15 ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ Com/ I�; COPIES DATE NO. DESCRIMON 1 10/6/09 09-15A Variance 3625 Red Cedar Point 1 10/20/09 09-15B Variance 3625 Red Cedar Point ❑ Returned for corrections ❑ Return ❑ For review and comment M For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit ❑ For your use ❑ Approved as noted ❑ Submit ❑ As requested ❑ Returned for corrections ❑ Return ❑ For review and comment M For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Bill Worms, BayCliff Homes Betsy Anding copies for approval copies for distribution corrected prints SIGNED: :im Meuwissei , (952) 227-1107 SCANNED I/ enclosures are not as noted, kindly notify us at once. 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 09-15A 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission as the Board of Adjustments and Appeals approves Planning Case 09-15 for a 15.5 -foot front yard setback variance, a 6.5 -foot east side yard setback variance, a 9- foot driveway setback variance along the west property line, a variance from the two -car garage requirement for the construction of a single -car garage, and a hard surface coverage variance that will include the removal of the shed and a portion of the driveway, for the construction of a single- family home on a non -conforming lot of record. The granting of this 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 11 & east 10 feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta 3. Condition. The variance approval is subject to the following conditions: A. Building Official Conditions: 1. A building permit is required. 2. Any portion of the structure less than five (5) feet from a property line must be of one- hour fire -resistive construction. 0 0 3. Any retaining was greater than 4 feet in height must receive building permit approval. 4. Retaining walls greater than 4 feet in height must be designed by a structural engineer licensed in the State of Minnesota. B. City Forester Conditions: 1. Tree protection fencing must be properly installed at the edge of the grading limits on the entire east, west and south sides. This must be done prior to any construction activities and remain installed until all construction is completed. 2. The roots of neighboring trees must be cut by hand or a vibratory plow. 3. No equipment may be stored within the tree protection areas. 4. If no trees are present in the rear yard, two overstory, deciduous tree are required to be planted. If the existing ash tree is preserved, one overstory, deciduous tree will be required to be planted. Trees must have a minimum diameter of 2'h" when planted. C. Water Resource Coordinator Conditions: 1. The plans shall be revised to indicate the placement of silt fence or other approved perimeter BMP as well as incorporate any applicable Chanhassen standard details for erosion and sediment control. This should include, at a minimum, 393-5301 and 393- 5302B. All erosion and sediment control features shall be installed prior to any earth disturbing activities and shall remain in place until at least 75% of the property is permanently stabilized. 2. The applicant shall apply for and obtain permits from the appropriate regulatory agencies where applicable and comply with their conditions of approval. D. General Condition: 1. The garage may not exceed 13' x 20'. The hard surface coverage variance shall exclude the shed and a portion of the driveway for a maximum hard surface coverage of 37.3%. 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: October 6, 2009 CPPY OF CHANHASSEN BY: (SEAL) Thomas A. Furlong, AND: ^ Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thisWA a day of OC cf�o r 2009 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. T NOTAR PUBLIC 201 KIM T. MEUWISSEN Notary Public -Minnesota Commission Expires Jan 31.2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 0 0 CTYY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 09-15B 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 18.5 -foot shoreland setback variance for the construction of a single-family home on a non -conforming lot of record. The granting of this 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 11 & east 10 feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta 3. Condition. The variance approval is subject to the following conditions: A. City Forester Conditions: Tree protection fencing must be properly installed at the edge of the grading limits on the entire east, west and south sides. This must be done prior to any construction activities and remain installed until all construction is completed. 2. The roots of neighboring trees must be cut by hand or a vibratory plow. 3. No equipment may be stored within the tree protection areas. 0 0 4. If no trees are present in the rear yard, two overstory, deciduous tree are required to be planted. If the existing ash tree is preserved, one overstory, deciduous tree will be required to be planted. Trees must have a minimum diameter of 2'/2" when planted. B. Water Resource Coordinator Conditions: 1. The plans shall be revised to indicate the placement of silt fence or other approved perimeter BMP as well as incorporate any applicable Chanhassen standard details for erosion and sediment control. This should include, at a minimum, 393-5301 and 393- 5302B. All erosion and sediment control features shall be installed prior to any earth disturbing activities and shall remain in place until at least 75% of the property is permanently stabilized. 2. A rock construction entrance shall be maintained until the permanent driveway is in place. This entrance shall follow the specifications described in Detail Plate No. 5301. Due to the size of the lot, the rock entrance may be reduced to 20 feet in length and width but must otherwise comply with the specifications previously mentioned. 3. The applicant shall apply for and obtain permits from the appropriate regulatory agencies where applicable and comply with their conditions of approval. 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: October 20, 2009 2 0 • CITY OF CHANHASSEN L-10 (SEAL) Thomas A. Furlong, L� `J AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) _-+_6 The foregoing instrument was acknowledged before me thi�31day of 6 62y- 2009 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. NOTARY "9C IJ,"'I IIDIW. d City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 3 KIM T. MEUWISSEN Notary Public -Minnesota MY Can "ion Fires Jen 31, 2010 Abrenishation Re: Variance Requests — Planning Case #09-15 Pfrone:952.227.1100 Dear Mr. Worms: Fax: 952.227.1110 C19 - 15 Building Inspections 6 0 Phone: 952.227.1180 October 26, 2009 CITY OF setback variance for the construction of a single-family home on a non -conforming CHONSEN Mr. Bill Worms 7700 Market Boulevard PC Box 147 BayCliff Homes 17809 Hutchins Drive, Suite 100 Chanhassen, MN 55317 Minnetonka, MN 55345 Abrenishation Re: Variance Requests — Planning Case #09-15 Pfrone:952.227.1100 Dear Mr. Worms: Fax: 952.227.1110 C19 - 15 Building Inspections This letter is to formally notify you that on October 26, 2009, the Chanhassen Phone: 952.227.1180 Planning Commission approved Planning Case 09-15 for an 18.5 -foot shoreland Fax: 952.227.1190 setback variance for the construction of a single-family home on a non -conforming Fax: 952.227.1404 lot of record. Engineering d. If no trees are present in the rear yard, two overstory, deciduous tree are Phone: 952.227.1160 Fax: 952.227.1170 The variance is subject to the following condition: Finance 1. City Forester Conditions: Phone: 952.227.1140 Fax: 952.227.1110 a. Tree protection fencing must be properly installed at the edge of the grading limits on the entire east, west and south sides. This must be done Park 8 Recreation prior to any construction activities and remain installed until all Phone: 952.227.1120 construction is completed. Fax:952.227.1110 P Recreation Center b. The roots of neighboring trees must be cut by hand or a vibratory plow. 2310 Coulter Boulevard Phone: 952.227.1400 c. No equipment may be stored within the tree protection areas. Fax: 952.227.1404 Planning 8 d. If no trees are present in the rear yard, two overstory, deciduous tree are Natural Resources required to be planted. If the existing ash tree is preserved, one overstory, Phone: 952.227.1130 deciduous tree will be required to be planted. Trees must have a minimum Fax: 952.227.1110 diameter of 2 W'when planted. Public Works 2. Water Resource Coordinator Conditions: 1591 Pads Road Phone: 952.227.1300 Fax: 952.227.1310 a. The plans shall be revised to indicate the placement of silt fence or other approved perimeter BMP as well as incorporate any applicable SeniorCenhr Chanhassen standard details for erosion and sediment control. This should Phone: 952.227.1125 include, at a minimum, 393-5301 and 393-5302B. All erosion and Fax: 952.227.1110 sediment control features shall be installed prior to any earth disturbing activities and shall remain in place until at least 75% of the property is Web permanently stabilized. www.ci.chanhassssen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow {CANNED Mr. Bill Worms • October 26, 2009 Page 2 b. A rock construction entrance shall be maintained until the permanent driveway is in place. This entrance shall follow the specifications described in Detail Plate No. 5301. Due to the size of the lot, the rock entrance may be reduced to 20 feet in length and width but must otherwise comply with the specifications previously mentioned. c. The applicant shall apply for and obtain permits from the appropriate regulatory agencies where applicable and comply with their conditions of approval. The variance is valid for one year from the approval date. A building permit must be applied for prior to October 20, 2010 through the City's building department. If you have any questions, please contact me at 952-227-1132 or by email at akairies@ci.chanhassen.mn.us. Sincerely, Angie Kairies Planner I c: Betsy Anding ec: Jerry Mohn, Building Official Building Permit File g:\plan\2009 planning ca \09-15 anding variance - 3625 red cedar poinAlener of approval b.doc 0 0 O4 -I S FINDINGS OF FACT AND ACTION IN RE: Application of Bill Worms of BayCliff Homes, on behalf of Betsy Anding, for an 18.5 - foot shoreland setback variance (56.5 -foot setback) for the construction of a single-family home on a non -conforming lot of record — Planning Case No. 09-15. On October 20, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bill Worms of BayCliff Homes, on behalf of Betsy Anding, for a shoreland setback variance to construct a single-family home on a non- conforming lot located at 3625 Red Cedar Point Road, located in the Single -Family Residential (RSF) district on Lot 11, Block 4 and the east 10 feet of Lot 12, Block 4, Red Cedar Point Lake N innewashta. 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 Single -Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2 —4 units per acre). 3. The legal description of the property is: Lot 11, Block 4 and east 10 feet of Lot 12, Block 4, Red Cedar Point Lake N innewashta. 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. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter does cause an undue hardship. The parcel predates the Chanhassen City Code, as it was platted in 1913 and is a legal non -conforming lot of record. The site is significantly smaller than the required 20,000 square feet of area and the 90 feet of street and lake frontage. The subject site has an area of 6,770 square feet and 50 feet of lake and street frontage. Several of the properties within 500 feet of the parcel are also legal non -conforming, many of which may already have or require variance approval to construct or modernize their property. •awW.0 0 0 b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are not applicable to all properties that lie within the Single -Family Residential District. The request is unique to the Red Cedar Point Lake Minnewashta subdivision as it predates the adoption of the City Code and many of the houses and properties within the subdivision do not meet the current lot requirements for the district. The proposed shoreland setback is consistent with the adjacent properties, which are legal nonconforming structures, built in the 1920's. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the proposed home is not based on the desire to increase the value of the home. The property owner's intent is to provide reasonable use of the property by constructing a single-family home on the lot. Additionally, the size of the proposed home and location in reference to the shoreline is consistent with the neighboring properties within the Red Cedar Point subdivision, and therefore, is a reasonable request. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged hardship is not self-created. The lot was platted in 1913 and therefore does not comply with the lot area or width requirements of the RSF and Shoreland district and is a nonconforming lot of record. Current ordinances require all new platted lots to show a 60'x60' building envelope. The subject site has a 30'x30' building envelope. The applicant is requesting reasonable use of the property, which is a single-family home. The required 75' setback significantly limits the buildable area on the lot. e. The granting of 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. Finding: The granting of a variance for the construction of a single-family home 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 applicant is proposing to construct a single-family home which is a permitted use within the RSF district and maintain the adjacent properties' lake views by proposing a similar setback. 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 or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed home will not impair an adequate supply of light or air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or diminish property values within the neighborhood. The home will be beneficial to the neighborhood, as it is currently an empty lot with a storage shed on the site. According to City Code, reasonable use of the property is a single-family home. E 5. The planning report #09-15, dated October 20. 2009, prepared by Angie Kairies, et al, is incorporated herein. ACTION "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 18.5 -foot shoreland setback variance, for the construction of a single-family home on a non -conforming lot of record, Planning Case #09-15, based on these findings of fact." ADOPTED by the Chanhassen Planning Commission on this 20th day of October, 2009. yI' GAPLAM2009 Planning Casesa9-15 Anding Variance - 3625 Red Cedar Poinh10.20-09 Findings of Fact.doc oci-is CHANHASSEN PLANNING COMMISSION REGULAR MEETING OCTOBER 20, 2009 Acting Chair Laufenburger called the meeting to order at 6:00 p.m. MEMBERS PRESENT: Kathleen Thomas, Mark Undestad, Denny Laufenburger, Dan Keefe, and Tom Doll MEMBERS ABSENT: Kevin Dillon and Debbie Larson STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; Angie Kairies, Planner; and Alyson Fauske, Assistant City Engineer PUBLIC HEARING: (RSF) LOCATED AT 3625 RED CEDAR POINT ROAD (LOT 11, BLOCK 4, RED CEDAR POINT LAKE MINNEWASHTA). APPLICANT: BAYCLIFF HOMES, PLANNING CASE 09-15. Angie Kairies presented the staff report for this item. Laufenburger: Thank you staff. Any questions for Angie at this time? Alright, do we have an applicant present that would like to make a statement? State your name and address please. Bill Worms: My name is Bill Worms with BayCliff Homes and I'm representing Betsy Anding and we're in agreement with staff's findings for this portion. Laufenburger: Okay, thank you Bill. Okay. At this time I'd like to open the hearing to the public. Anybody present that would like to speak on behalf of the public. None present, I will close the public hearing. Any questions or comments from the commissioners? Tom, how about you? Doll: No questions. Laufenburger: Mark? Kathleen? Thomas: No. Laufenburger: Dan? Keefe: No. Laufenburger: Okay. Would entertain a motion at this time. Chanhassen Planning Anission — October 20, 2009 • Undestad: I'll make a motion. I recommend that the Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 18.5 -foot shoreland setback variance for the construction of a single-family home on a non -conforming lot of record, Planning Case #09-15, and adoption of the findings of fact and action, subject to conditions I and 2. Laufenburger: We have a motion. Do I have a second? Thomas: Second. Laufenburger: Thank you Kathleen. Any further discussion? Undestad moved, Thomas seconded that the Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 185 -foot shoreland setback variance for the construction of a single-family home on a non -conforming lot of record, Planning Case #09- 15, and adoption of the findings of fact and action, subject to the following conditions: 1. City Forester Conditions: a. Tree protection fencing must be properly installed at the edge of the grading limits on the entire east, west and south sides. This must be done prior to any construction activities and remain installed until all construction is completed. b. The roots of neighboring trees must be cut by hand or a vibratory plow. c. No equipment may be stored within the tree protection areas. d. If no trees are present in the rear yard, two overstory, deciduous tree are required to be planted. If the existing ash tree is preserved, one overstory, deciduous tree will be required to be planted. Trees must have a minimum diameter of 2 �/2" when planted. 2. Water Resource Coordinator Conditions: a. The plans shall be revised to indicate the placement of silt fence or other approved perimeter BMP as well as incorporate any applicable Chanhassen standard details for erosion and sediment control. This should include, at a minimum, 393-5301 and 393- 5302B. All erosion and sediment control features shall be installed prior to any earth disturbing activities and shall remain in place until at least 75% of the property is permanently stabilized. b. A rock construction entrance shall be maintained until the permanent driveway is in place. This entrance shall follow the specifications described in Detail Plate No. 5301. Due to the size of the lot, the rock entrance may be reduced to 20 feet in length and width but must otherwise comply with the specifications previously mentioned. W., .... sa 2 Chanhassen Planning CommAn — October 20, 2009 0 c. The applicant shall apply for and obtain permits from the appropriate regulatory agencies where applicable and comply with their conditions of approval." All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary minutes of the Planning Commission meeting dated October 6, 2009 as presented. COMMISSION PRESENTATIONS: None. CITY COUNCIL ACTION UPDATE: None. Acting Chair Laufenburger adjourned the Planning Commission meeting at 6:05 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim October 13, 2009 0 CITY OF 1. Building Official Conditions: CHANNSEN Bill Worms 7700 Market Boulevard BayCliff Homes PO Boz 147 17809 Hutchins Drive, Suite 100 Chanhassen, MN 55317 Minnetonka, MN 55345 A building permit is required. Re: Variance Requests — Planning Case #09-15 Administration Phone: 952.227.1100 Dear Mr. Worms: Fax: 952.227.1110 Phone: 952.227.1400 Building Inspections This letter is to formally notify you that on October 6, 2009, the Chanhassen Phone: 952.227.1180 Planning Commission approved Planning Case 09-15 for a 15.5 -foot front yard Fax: 952.227.1190 setback variance, a 6.5 -foot east side yard setback variance, a 9- foot driveway c. setback variance along the west property line, a variance from the two -car garage bowering requirement for the construction of a single -car garage, and a hard surface Phone: 952.227.1160 coverage variance that will include the removal of the shed and a portion of the Fax. 952.227.1170 driveway, for the construction of a single-family home on a non -conforming lot of Fierce record. Phone: 952.227.1140 Fa)L952.227.1110 Fax 952.227.1110 The variance is subject to the following condition: Park & Recreation 1. Building Official Conditions: Phone: 952.227.1120 Fax: 952.227.1110 a. A building permit is required. Recreation Center 2310 Coulter Boulevard b. Any portion of the structure less than five (5) feet from a property line Phone: 952.227.1400 must be of one-hour fire -resistive construction. Fax: 952.227.1404 c. Any retaining was greater than 4 feet in height must receive building Planning 8 permit approval. Natural Resources Phone: 952.227.1130 Fa)L952.227.1110 d. Retaining walls greater than 4 feet in height must be designed by a structural engineer licensed in the State of Minnesota. Puhtic Mlorks 1591 Pads Road 2. City Forester Conditions: Phone: 952.227.1300 Fax: 952.227.1310 a. Tree protection fencing must be properly installed at the edge of the Senior Center grading limits on the entire east, west and south sides. This must be done Phone: 952.227.1125 prior to any construction activities and remain installed until all Fax:952.227.1110 construction is completed. Web Site b. The roots of neighboring trees must be cut by hand or a vibratory plow. wwvr achanhasseo.mn.us c. No equipment may be stored within the tree protection areas. SCANNED Chanhassen is a Community for Life - Providing for Today and Manning for Tomorm Mr. Bill Worms a October 13, 2009 Page 2 d. If no trees are present in the rear yard, two overstory, deciduous trees are required to be planted. If the existing ash tree is preserved, one overstory, deciduous tree will be required to be planted. Trees must have a minimum diameter of 2'IY when planted. 3. Water Resource Coordinator Conditions: a. The plans shall be revised to indicate the placement of silt fence or other approved perimeter BMP as well as incorporate any applicable Chanhassen standard details for erosion and sediment control. This should include, at a minimum, 393-5301 and 393- 5302B. All erosion and sediment control features shall be installed prior to any earth - disturbing activities and shall remain in place until at least 75% of the property is permanently stabilized. b. The applicant shall apply for and obtain permits from the appropriate regulatory agencies where applicable and comply with their conditions of approval. 4. The garage may not exceed 13' x 20'. The hard surface coverage variance shall exclude the shed and a portion of the driveway for a maximum hard surface coverage of 37.3%. The variance is valid for one year from the approval date. A building permit must be applied for prior to October 6, 2010 through the City's building department. If you have any questions, please contact me at 952-227-1132 or by email at akairies@ci.chanhassen.mn.us. Sincerely, Angie Kairies Planner I c: Betsy Anding ec: Jerry Mohn, Building Official Building Permit File gAplan12009 planning c \09-15 anding variance - 3625 red cedar poinNetter of approval.doc � , • • o9-�S CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Bill Worms of BayCliff Homes, on behalf of Betsy Anding, for an 15.5 - foot front yard setback variance (14.5 -foot setback) from the minimum 30 -foot front yard setback requirement; a 6.5 -foot east side yard setback variance (3S -foot setback) from the minimum 10 - foot side yard setback requirement; a 9 -foot driveway setback variance along the west property line (Moot setback) from the minimum 10 -foot driveway setback; a variance from the two -car garage requirement for the construction of a single -car garage; and a 12.3% variance (37.3%) from the 25% hard surface coverage maximum requirement variance for the construction of a single-family home on a non -conforming lot of record — Planning Case No. 09-15. On October 6, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bill Worms of BayCliff Homes, on behalf of Betsy Anding, for a front yard setback, east side yard setback, driveway setback, single -car garage, and a hard surface coverage variance to construct a single-family home on a non -conforming lot located at 3625 Red Cedar Point Road, located in the Single -Family Residential (RSF) district on Lot 11, Block 4 and the east 10 feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta. 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 Single -Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2 — 4 units per acre). 3. The legal description of the property is: Lot 11, Block 4 and east 10 feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta. 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. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. SCANNED b. Finding: The literal enforcement of this chapter does cause an undue hardship. The parcel predates the zoning ordinance as it was platted in 1913 and is a legal non -conforming lot of record. The site is significantly smaller than the required 20,000 square feet of area and the 90 feet of street and lake frontage. The subject site has an area of 6,770 square feet and 50 feet of lake and street frontage. Several of the properties within 500 feet of the parcel are also legal non -conforming, many of which may already have or require variance approval to construct or modernize their sites. c. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are not applicable to all properties that lie within the Single -Family Residential District. This condition is unique to the Red Cedar Point lake Minnewashta subdivision as it predates the adoption of the zoning ordinance and many of the houses and properties within the subdivision do not meet the current lot requirements for the district. The 284 square feet of Red Cedar Point Road lies within the subject property, thus occupying 4% of the available hard surface coverage for the site, limiting the available area for a single-family home, garage, driveway, etc. d. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the proposed addition is not based on the desire to increase the value of the home. The property owner's intent is to provide reasonable use of the property by constructing a single-family home on the lot. A two -car garage is a requirement of the RSF district; however, a standard two -car garage would occupy over 50% of the lot area. Therefore, due to the size of the lot and the scale of the home, the applicant is proposing to construct a 10' x 20' single -car garage. Additionally, the size of the proposed home and garage is within the size range of the homes on surrounding properties within the Red Cedar Point subdivision, and is a reasonable request. e. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged hardship is not self-created because the applicant is requesting to construct a single-family home on a non -conforming lot of record which does not meet the lot area or width requirements of the RSF and Shoreland district. Red Cedar Point Lake Minnewashta was platted in 1913 and predates the adoption of the zoning ordinance. The proposed single-family dwelling and 13' x 20' single -car garage is smaller in size than what the neighborhood and market demands for an individual dwelling unit within an attached single-family building. Additionally, 284 square feet of Red Cedar Point Road is located on the subject site which significantly limits the available hard surface coverage of the site. f. The granting of 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. M Finding: The granting of a variance for the construction a single-family home 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 applicant is proposing to construct a single-family home which is a permitted use within the RSF district with a single -car garage versus a two -car garage to minimize the building square footage, and maintain the adjacent properties' lake views by proposing a similar setback. The proposed driveway will accommodate the turning radius of a passenger vehicle into the side -load garage as well as accommodate off-street parking. g. 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 or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed home will not impair an adequate supply of light or air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or diminish property values within the neighborhood. The home will be beneficial to the neighborhood, as it is currently an empty lot with a storage shed on the site. According to City Code, reasonable use of the property is a single-family home. 5. The planning report #09-15, dated October 6, 2009, prepared by Angie Kairies, et al, is incorporated herein. ACTION "The Chanhassen City Council approves a 15.5 -foot front yard setback variance, a 6.5 -foot east side yard setback variance, a 9 -foot driveway setback variance along the west property line, a variance from the two -car garage requirement for the construction of a single -car garage, and a 12.3% hard surface coverage variance for the construction of a single-family home on a non- conforming lot of record, Planning Case #09-15, based on these findings of fact." ADOPTED by the Chanhassen City Council on this 6's day of October, 2009. g1plan\2009 planning cases\09-15 anding variance - 3625 red cedar pointkcp findings of fact.doc 1091 6. 1 • CHANHASSEN PLANNING COMMISSION REGULAR MEETING OCTOBER 6, 2009 Chairwoman Larson called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Debbie Larson, Kathleen Thomas, Denny Laufenburger, Tom Doll, and Kevin Dillon MEMBERS ABSENT: Dan Keefe and Mark Undestad STAFF PRESENT: Kate Aanenson, Community Development Director; Angie Kairies, Planner; and Alyson Fauske, Assistant City Engineer PUBLIC HEARING: RED CEDAR POINT ROAD (LOT 11, BLOCK 4, RED CEDAR POINT LAKE MINNEWASHTA). APPLICANT: BAY CLIFF HOMES, PLANNING CASE 09-15. Public Present: Name Address Gary Peterson 3632 Hickory Road Angie Kairies presented the staff report on this item. Larson: Tom, let's start with you. Doll: Don't have any. Larson: Kathleen. Thomas: I don't think I have any questions of staff at the moment. Laufenburger: Are there plans, is this going to be a two story construction as far as you know? Kairies: Yes. Laufenburger: Okay. So are we, is part of this approval process that we're approving it as a two story construction or are we only approving the footprint? Or the variances that gives the footprint. Kairies: Right. It's for the footprint. I don't believe the actual plans are set in stone. SCANNED Chanhassen Planning Armssion — October 6, 2009 • Laufenburger: Okay. I also noticed that you said that the Red Cedar Point Road encroaches on the property. Kairies: Yes. Laufenburger: Is there an easement on that property? Kairies: There's not an easement. I'll let Alyson answer that question. Laufenburger: Can you speak to that please. Fauske: Certainly Commissioner Laufenburger. Excellent question. There are no easements that staff could find on this property that would cover the portion of the road that's encroaching onto the property. In this situation, talking to the city attorney, the city's position in this particular case would be something that's called, that we have a right to have the road there. Since the road has been there for a period of time that we have rights to maintain the road and at that location there is no paper easement for that. Laufenburger: Okay. So there's also a comment related to anticipated reconstruction of this street in 2010 so is it anticipated that because the road has been there and it's, I don't know what the legal word would be but does that mean the road will be constructed at the same place or will it be diverted to go back to the property line? Any thoughts on that? Fauske: Certainly we can elaborate on that. The legal term for the condition that exists right now is prescriptive rights and that means that the City has, a road exists there. It's been maintained there for a considerable period of time. It's obviously of knowledge of the property owner that the road exists there. As far as the projected 2010 street project, typically we do not move the roadway in these circumstances. This particular area, the right-of-way is incredibly narrow. We have a challenge in that respect and there's a lot of retaining walls in the area. So at this we do not anticipate shifting the road but we can certainly take a look at it when we get deeper into the design phase of that project, if it proceeds. Currently we're in the feasibility stage of the project which means our consultant is taking survey information in the area and then at that point we'll get a cost estimate, meet with the neighborhood and continue with the public process at that point. If there's an opportunity to shift it we would like, we would certainly take a look at it but then of course it impacts the neighbor to the north. A perceived encroachment into what they would perceive as their property. Laufenburger: Just one last question. Notice of this variance hearing has gone to the neighbors, is that correct? And have you heard anything from any of the neighbors, specifically the neighbors to the east and to the west of the property? Kairies: We have received a few letters from the neighbors. Laufenburger: Were they, I'm terribly sorry. I didn't realize... Doll: There were 4 letters in here. • Chanhassen Planning ConumOn — October 6, 2009 • Laufenburger: Let me rephrase that. Have you heard any negative comments about this plan? Kairies: We have not heard any negative comments. Laufenburger: Okay thank you. That's all I had. Larson: How about you Kevin? Dillon: I don't have any questions at this time. Larson: Okay. I think that pretty much covered everything I had with the exception of having the driveway so close to the edge, I went out there today and it seems like there's a lot of bushes and trees and such. One of the trees that they want to save, is that one of the ones that's right adjacent to where the driveway is going to go? Kairies: One of the trees they're talking about saving is this large ash tree, right there. And then the other is this tree. Larson: Okay. So the other ones are just scrub trees or whatever because there was quite a large tree that was close, it would be pretty close to, it looked like maybe there was I don't know shrubs of some sort and then there was one tree but I am assuming, I couldn't tell if it was on the neighbors property or their's or if they're going to have to cut it. I know there was reference to that in the report. Kairies: Right. I believe where the stakes are, those trees are actually, and bushes are actually on the neighboring property. Larson: Okay. So in order to put in a driveway, do they have to dig down and cut roots from that tree? Fauske: It would depend Chairperson Larson on the type of tree. The type of bush. There's certainly construction techniques that they could use that would not damage the tree. As far as our jurisdiction over damage to the tree we have, you know we'd certainly encourage any techniques but it would actually be between the two property owners to determine you know if there's any damage. Larson: So there'd be no issue as far as you know? Fauske: Not that staff is aware. And you know one of the issues that staff at least, this is certainly a very challenging property but the proposed setback on the west property line there, in order to maneuver a vehicle into the proposed garage they really need that encroachment on the west side to be able to make the turn into the driveway and then into the garage. It's tight. Very tight. 3 Chanhassen Planning Amussion — October 6, 2009 • Larson: Okay. Nobody else has anything else? Have we got an applicant here? Please step up to the podium. State your name and address for the record. Bill Worms: Madam Chair, Planning Commission members. My name is Bill Worms and I'm with Bay Cliff Homes and I was hired by Betsy Anding at 3625 Red Cedar Point. We'd like you to consider this and approve the engineer's recommendations with the exception of the front yard setback. Angie alluded to. We had asked for 16 feet. The front yard setback, the variance request was 12.5 feet and what we're asking for is 14. Or 15.5 on the variance request and on the proposed it's 17.5 and we wanted 14.5. Originally it was 6 feet from the street, or the property line to the home and we'd like to split that difference and go to the north 3 feet, thus giving us the 14.6 and the 10.6 from the street to the edge of the garage. And the purpose of that is a 10 by 20 garage stall with an 3 foot door. It only has 1 foot on either side for the car to open. There's no space for a stair to get up from the garage to the home nor is there storage for garbage and recycling. Also in addition the front entryway, we need a little bit of a separation between the front plane of the home and the garage so like you can imagine that the house is all the way up here. The garage would be right where the front door is and again we need steps or something to get up into the house. So in addition to moving that setback we would decrease the hard cover by rearranging the driveway and making more of an arc. There's also an opportunity over here by the entry to get some hard cover back, as well as a shed that was in the calculations of about 60 square feet. And ultimately what we're asking for as far as the hard cover is probably 20 square feet more and then less, roughly 80 over here, 60 for the shed and possibly another 24 here. So even if we do it, I believe the hard cover will go down but it would help us to have that 3 feet given the whole floorplan that we do have, and we've looked at different options of rearranging the stair and everything but everything's right now to a minimum as it exists. 3 foot corridor, or hallways, etc. This is a little blown up. A little easier maybe to see this area. Aanenson: It's a little hard for us to look at architectural renderings. If we could just use the site plan I think it, then I think we're kind of all using the same. I don't know if you want to go to that Angie and maybe just explain. So if we look at the garage, the original garage was requested to be a little bit larger. Bill Worms: Correct. Aanenson: And it was the staff's opinion that it really wasn't a single car garage. It was single car plus so from what I understand they're willing to kind of split that difference to give them some useable space and make the design work. Our goal is to reduce, to find a reasonable use of the property and minimize the hard cover. So if you could show from that drawing, or maybe explain so Angie if you could just show the difference of what was the original proposal and what. There you go. I'm sorry. Just it was. Kairies: So rather than, this is the 16 foot width and then staff recommended 10 feet. Then there'd be 13 is what the applicant is requesting. Aanenson: So splitting that 6 foot difference for the 3 additional feet. • Chanhassen Planning Commsn — October 6, 2009 • Bill Worms: Correct. Aanenson: To meet the architectural features that was represented. Larson: So this is halfway between what you're showing us here? Aanenson: Yeah. Yep. And to meet the features that he represented, if that makes sense. Larson: I'm sorry, did you say that the shed that you were talking about, that's not going to, you're not going to do that? Bill Worms: Originally we wanted, there's an existing shed on the property and we wanted to keep it but in order to help with the hard cover we would concede it and... Larson: Is that the one that's kind of close to the street right now? Bin Worms: Correct. Larson: Okay. Bill Worms: The white one. Larson: Yeah. It's so cute. Okay. Bill Worms: So I guess really depending on what you did and how we ultimately came to a number and if we were to keep it and we rearranged the driveway and we got to some hard cover percent that was agreeable, ideally we'd like to keep it but we would concede it if we had to. Larson: Okay. Alright. Well let's, Kevin have you got any questions for him? Dillon: I don't have any questions of the applicant. Larson: How about you Denny? Laufenburger: None. Thomas: None. I don't think so. Larson: No? Doll: I don't have any. Larson: Okay. And I don't either so thank you very much. Bill Worms: Okay, thank you. 5 Chanhassen Planning AM.ssion — October 6, 2009 • Larson: And now let's see here. We'll now open the hearing to the citizens. Does anybody have any questions or comments? Please step up to the podium now. State your name and address. Don't all come at once. Okay, seeing that nobody's there, we'll close the public hearing and we'll discuss. Dillon: So I think this represents a good collaboration between the city staff and the applicant and coupled with all the other variances that was given in the area, I mean I don't see any reason why we wouldn't go through with the proposal that the applicant wants, because like you're in for a dime. You're in for a dollar. I mean these variances are pretty significant so like what the heck. Just like give them what they want because I mean it's little, in terms of the surface coverage, it's a little over the top already I mean so what's a little bit more. Laufenburger: I'm inclined to agree with that and I think the fact that the applicant recognizes the importance of hard cover. He asked for a variance on that but he and the applicant are prepared to cut into the proposed driveway with some, you know removing the hard cover. I think that's good. This, I think this is somebody who's trying to make good use of a very non- conforming lot so I, the fact that they're willing to have the front of the house in line with the other neighbors, I think, so I like the collaboration and I would, I'd go along with the 3 additional feet. I think that's what it is. 3 additional feet that they're asking for on the garage. But I, I would like to hear from the staff and see if they're amenable to that as well. Larson: Okay. Go ahead Kairies: I think that's something that staff would be in favor of working with the applicant to meet both of the, his needs as well as reducing the variance requests. Larson: Okay. Kathleen. Thomas: I also think it's a well put together proposal. The extra 3 feet does make sense for myself as well. Just the aspect of what they're trying to accomplish within the house and it's a very tight property so the fact that they've been able to work with city staff to get so much done and accomplished on the property is good to see so, that's about it. Larson: Tom Doll: I just like the fact that they involved the neighbors in the consideration of what was going on and it seems like a slam dunk to me. Larson: Okay. My thoughts on it are, certainly it's improving the property. It's tight but just what I've seen in the neighborhood, the house that they may, I don't know, one of the renderings we have in here of the house looks like it will be a nice addition to the neighborhood and the fact that, I mean you know working with the city and trying to come to a compromise that just makes the property a little bit more user friendly. It's good to be able to get out of your car and not have to bang the doors I suppose. So I certainly would be in favor of meeting them halfway on that as well. So at that I will take a motion. 0 Chanhassen Planning ComnAn — October 6, 2009 • Laufenburger: I'll try. The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an, and give me a little latitude here staff. I think what the applicant is asking for is a 14.5 foot front yard setback. Is that correct? Aanenson: It's 15. Kairies: 15.5. Laufenburger: 15. 15.5? Okay. So let me begin again. Chanhassen Planning Commission as the Board of Appeals and Adjustments approves a 15.5 foot front yard setback variance, a 6.5 foot east side yard setback variance, a 9 foot driveway setback variance along the west property line, a variance from the two car garage requirement for the construction of a single car garage, and a 13.4%. Now that may adjust. Aanenson: Yeah, I think we need to put in there, with removal of the shed. With the removal of the shed. Maybe just, yeah. Laufenburger: Okay. 13.4% hard surface coverage variance for the construction of a single family home on a non -conforming lot of record, Planning Case #09-15 and adoption of the Findings of Fact and Action subject to conditions 1-3, 1 to 3 as specified on pages 9 and 10 of the staff report. And consideration of removal of shed. Aanenson: Yeah, I think at this, clarification on the motion if I may. Because this may stop here if he doesn't want to appeal. If the applicant's satisfied. Just for the staff's perspective we'd like to get clarification of that so our agreement would be, or staff's recommendation is we'd like to reduce the hard cover so if they want to remove the shed, then I think we leave out that 13.4. I'm not sure what that square, unless you have the math right there Angie. Kairies: I don't have it with the driveway. If we do just the shed I can come up with that. Aanenson: Because we have the driveway and removal of the shed. Laufenburger: Right. So we're adding hard cover by extending the garage but we're reducing hard cover by taking away the shed and also taking away the, a curve of the drive. Aanenson: Right. So I would say to not to exceed but reduction in the driveway hard cover and removal of the shed and whatever that number is, it is so. I'm not sure we have that. Laufenburger: So moved. Larson: Are you done? Okay, have I got a second? Thomas: Second. Larson: Okay. Shall we vote on it? Chanhassen Planning Amission — October 6, 2009 Laufenburger moved, Thomas seconded that the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, approves a 15.5 foot front yard setback variance, a 6.5 foot east side yard setback variance, a 9 foot driveway setback variance along the west property line, a variance from the two -car garage requirement for the construction of a single -car garage, and a hard surface coverage variance that will include the removal of the shed and a portion of the driveway, for the construction of a single family home on a non -conforming lot of record, Planning Case #09-15, and adoption of the Findings of Fact and Action, and subject to the following conditions: 1. Building Official Conditions: a. A building permit is required. b. Any portion of the structure less than five (5) feet from a property line must be of one- hour fire -resistive construction. c. Any retaining was greater than 4 feet in height must receive building permit approval. d. Retaining walls greater than 4 feet in height must be designed by a structural engineer licensed in the State of Minnesota. 2. City Forester Conditions: a. Tree protection fencing must be properly installed at the edge of the grading limits on the entire east, west and south sides. This must be done prior to any construction activities and remain installed until all construction is completed. b. The roots of neighboring trees must be cut by hand or a vibratory plow. c. No equipment may be stored within the tree protection areas. d. If no trees are present in the rear yard, two overstory, deciduous tree are required to be planted. If the existing ash tree is preserved, one overstory, deciduous tree will be required to be planted. Trees must have a minimum diameter of 2'h" when planted. 3. Water Resource Coordinator Conditions: a. The plans shall be revised to indicate the placement of silt fence or other approved perimeter BMP as well as incorporate any applicable Chanhassen standard details for erosion and sediment control. This should include, at a minimum, 393-5301 and 393- 5302B. All erosion and sediment control features shall be installed prior to any earth disturbing activities and shall remain in place until at least 75% of the property is permanently stabilized. b. The applicant shall apply for and obtain permits from the appropriate regulatory agencies where applicable and comply with their conditions of approval. 93 Chanhassen Planning Comml*n — October 6, 2009 • All voted in favor and the motion carried unanimously with a vote of 5 to 0. FOR RENEWAL OF CONDITIONAL USE PERMIT FOR LOTUS LAKE ESTATE BEACHLOT ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED ON OUTLOT B, LOTUS LAKE ESTATES. APPLICANT: LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION. PLANNING CASE 09-16. Angie Kairies presented the staff report on this item. Larson: Okay. Let's start with Kevin. Dillon: You know I don't have any questions. I guess I would, it was kind of hard for me to see why anyone would be against this. I mean... Aanenson: It's a formality. Dillon: Okay. Larson: Okay. How about you Denny? Laufenburger: So really the, you're amending the location of the fire pit to where it is right now? Kairies: Correct. Laufenburger: Thank you. Larson: That's it? Anyone else? Thomas: I'm good. Larson: I don't see any problem. Okay, have we got an applicant? State your name and address for the record please. Lois Anderson: Good evening Madam Chairwoman and members of the commission. My name is Lois Anderson. I'm the current President of the Lotus Lake Estates Homeowners Association. I live at 145 Choctaw Circle and just wanted to tell you a little bit about our neighborhood so you could understand why this is important to us. We are requesting that it become permanent so we don't have the anxiety of whether we'll be removed or not and also to get the amendment for the fire pit. Our neighborhood consists of 44 homes. Many of the neighbors have been there since the inception of the neighborhood and we have a number of families moving in with young children. We range from empty nesters to virtual newlyweds. We have a lot of interest in the lakeshore area. It's kind of the center of our neighborhood. That's where we have neighborhood E CITY OF CHANHASSEN PC DATE/20/09 1E101 m7YY Asa IL'7 Q REVIEW DEADLINE: 11/3/09 CASE #: 09-15 BY: AK, AF, JM, TJ PROPOSED MOTION: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 18.5 -foot shoreland setback variance for the constriction of a single- family home on a non -conforming lot of record, Planning Case #09-15, and adoption of the Findings of Fact And Action, and subject to conditions 1 and 2 as specified on pages 5 and 6 of the staff report.„ PROPOSAL: The applicant is requesting an 18.5 -foot shoreland setback variance (56.5 -foot dJ(�,, setback) for the construction of a single family home on a non -conforming lot of record zoned Single Family Residential District (RSF): (All proposed setbacks are measured from the 18 -inch eaves of the structure). LOCATION: 3625 Red Cedar Point Road Lot 11, Block 4 & east 10 feet of Lot 12, Red Cedar Point Lake Minnewashta APPLICANT: Bill Worms Betsy Anding BayCliff Homes 3618 Red Cedar Point Road 17809 Hutchins Drive, Suite 100 Excelsior, MN 55331 Minnetonka, MN 55345 PRESENT ZONING: Single Family Residential (RSF) 2030 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: .16 (6,770 square feet) DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. SUMMARY OF PROPOSAL The subject site is located on Lake Minnewashta's Red Cedar Point at 3625 Red Cedar Point Road and is zoned Single -Family Residential (RSF). The site is a non -conforming lot of record with an area of 6,770 square feet. The City Code requires a minimum of 20,000 square feet for a riparian lot in the RSF district. {CANNED Anding Variance • • Planning Case # 09-15 October 20, 2009 Page 2 of 6 The applicant is requesting an 18.5 -foot shoreland setback variance from the 75 -foot shoreland district requirement for a riparian lot in the RSF district for the construction of a single-family home. The zoning ordinance states that eaves may not encroach into the required setback if a variance is granted. Therefore, all setback distances for variance consideration will be measured from the eaves of the structure while the foundation is recessed 18 inches from the eaves. Staff is recommending approval of this variance request based on providing reasonable use of the property and the uniqueness of the site and the existing characteristics of the Red Cedar Point subdivision. APPLICABLE REGUATIONS Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4. Section 20-73. Nonconforming lots of record. Chapter 20, Article VII. Shoreland Management District. BACKGROUND This item was heard at the October 6, 2009 Planning Commission meeting, the following variances were approved at that meeting: Anding Variance • • Planning Case # 09-15 October 20, 2009 Page 3 of 6 • Front yard setback: 15.5 -foot variance (14.5 -foot setback) • East side yard: 6.5 -foot variance (3.5 -foot setback) • West side yard: 9- foot driveway variance (1 -foot setback) • Approval of a 13' x 20' single -car garage • Hard surface coverage: 12.3% variance (37.3% HSC) However, the shoreland setback variance request was inadvertently omitted from the motion to approve the variances for the property. If it was the Planning Commission's intent to approve the shoreland setback variance concurrently with the previous approvals, staff is recommending approval of the request. ANALYSIS The applicant is requesting a 56.5 -foot shoreland setback, as measured at the eaves. The applicant positioned the proposed house in a location that would keep in line with the adjacent properties to maintain their views of the lake. If the applicant met the 75 - foot setback, the buildable area of the lot would significantly be reduced, thus limiting the reasonable use of property. Current ordinances require all new platted lots to show a 60'x60' building envelope. The subject site has a 30'x30' building envelope. It is the intent of the ordinance to provide reasonable use of the property, which includes uses made by a majority of the comparable property within 500 feet. The structure is in line with that of neighboring properties and the proposed home is consistent with those in the Red Cedar Point Subdivision. 500 Feet Many of the existing lots and setback dimensions throughout the neighborhood do not meet the minimum requirements, because the original homes/cabins were constructed in the early 1900s, nearly 70 years before the district standards were adopted. Anding Variance • • Planning Case # 09-15 October 20, 2009 Page 4 of 6 Staff reviewed city records to determine if variances had been granted within 500 feet of the subject property. Staff found 12 variances granted within 500 feet of the subject property, all of which are setback variances (see Attachment 5). TREE PRESERVATION Within the proposed building pad, there are no existing trees. A small cedar is located near the east property line and a large ash is growing near the west property line. The applicant may try to preserve the ash and possibly the cedar as well. Neighbors have mature trees very close to the property lines on either side of the lot. To protect the trees during construction, the following practices are advised: • Tree protection fencing must be properly installed at the edge of construction. This must be done prior to any construction activities and remain installed until all construction is completed. • To retain soil moisture in the remaining root area, wood chip mulch should be applied to a depth of 4 — 6 inches, but no deeper, over all the root area. • When excavating near the tree, roots should be cut by hand or a vibratory plow to avoid ripping or tearing the roots. • No equipment or materials may be stored within the protected root areas. • The trees will need to be watered during dry periods until the ground is frozen. If the applicant chooses not to preserve the existing trees, a total of two trees will be required to be planted in the yard. If the ash is protected and saved, then only one tree will be required to be planted. WETLANDS A review of the City's wetland inventory map, the NRCS Soil Survey and available aerial photography is not indicative of the presence of any wetland features on the property. The property is abutted by Lake Minnewashta to the south but appears to be lacking a fringe wetland area. Based upon this review, it is unlikely that any wetland impacts will occur as a result of the proposed site plan. LAKES The entire property lies within 1,000 feet of the ordinary high water level (OHW) for Lake Minnewashta, a recreational development lake, and is therefore subject to the Shoreland Management District rules. Any variance from these rules must also be approved by the Commissioner of the Department of Natural Resources. A copy of the application was submitted Anding Variance • • Planning Case # 09-15 October 20, 2009 Page 5 of 6 to the DNR and, as of the date of this report, no comment had been received from the DNR. This is not to be construed as a positive or negative recommendation from the DNR. EROSION AND SEDIMENT CONTROL AND RUNOFF Because a majority of the site drains towards a Water of the State, there is increased importance that sediment and erosion control management measures are installed prior to any earth disturbing activities. These measures should be sufficient to prevent the displacement of sediment into Lake Minnewashta. At a minimum, they should comply with Chanhassen Erosion Control Detail Plate No: 5302B. In the event that the erosion and sediment control measures are inadequate, the owner must incorporate additional best management practices to assure that all sediment is contained on site. Until such a time as the permanent driveway is in place, a rock construction entrance will be needed at all times. This entrance shall generally follow the specifications described in Detail Plate No. 5301. However, because of the diminutive nature of the lot, the rock entrance needs only to be at least 20 feet in length and width but must otherwise comply with the specifications previously mentioned. Additional best management practices shall be incorporated as needed to assure that no sediment is transported onto neighboring properties. All best management practices must remain in place until at least 75% of the property is permanently stabilized. OTHER AGENCIES The applicant is responsible for obtaining any permits or approvals from the appropriate regulatory agencies and complying with their conditions of approval. These agencies may include the Department of Natural Resources, the United States Army Corps of Engineers and the Minnehaha Creek Watershed District. For instance, a permit will be required from the Minnehaha Creek Watershed District under Rule B: Erosion Control. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 18.5 -foot shoreland setback variance for the construction of a single-family home on a non- conforming lot of record, Planning Case #09-15, and adoption of the findings of fact and action, subject to the following conditions: 1. City Forester Conditions: a. Tree protection fencing must be properly installed at the edge of the grading limits on the entire east, west and south sides. This must be done prior to any construction activities and remain installed until all construction is completed. b. The roots of neighboring trees must be cut by hand or a vibratory plow. Anding Variance • Planning Case # 09-15 October 20, 2009 Page 6 of 6 c. No equipment may be stored within the tree protection areas. d. If no trees are present in the rear yard, two overstory, deciduous tree are required to be planted. If the existing ash tree is preserved, one overstory, deciduous tree will be required to be planted. Trees must have a minimum diameter of 2 %2" when planted. 2. Water Resource Coordinator Conditions: a. The plans shall be revised to indicate the placement of silt fence or other approved perimeter BMP as well as incorporate any applicable Chanhassen standard details for erosion and sediment control. This should include, at a minimum, 393-5301 and 393- 5302B. All erosion and sediment control features shall be installed prior to any earth disturbing activities and shall remain in place until at least 75% of the property is permanently stabilized. b. A rock construction entrance shall be maintained until the permanent driveway is in place. This entrance shall follow the specifications described in Detail Plate No. 5301. Due to the size of the lot, the rock entrance may be reduced to 20 feet in length and width but must otherwise comply with the specifications previously mentioned. c. The applicant shall apply for and obtain permits from the appropriate regulatory agencies where applicable and comply with their conditions of approval." ATTACEMENTS 1. Findings of Fact. 2. Development Review Application. 3. Registered Land Survey. 4. Building Elevations. 5. Variances within 500 Feet. 6. Letter from Deborah Lochart and Diane Anding dated September 2, 2009. 7. Letter from Patricia Souba dated September 2, 2009. 8. Letter from Richard Anding dated September 6, 2009. 9. Letter from Marsha and Steve Keuseman. 10. Public Hearing Notice and Affidavit of Mailing List. GAPLAM2009 Planning Cam\09-15 Adding Variance - 3625 Red Cedar Point\5taff Report 10-20-09.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Bill Worms of BayCliff Homes, on behalf of Betsy Anding, for an 18.5 - foot shoreland setback variance (56.5 -foot setback) for the construction of a single-family home on a non -conforming lot of record — Planning Case No. 09-15. On October 20, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bill Worms of BayCliff Homes, on behalf of Betsy Anding, for a shoreland setback variance to construct a single-family home on a non- conforming lot located at 3625 Red Cedar Point Road, located in the Single -Family Residential (RSF) district on Lot 11, Block 4 and the east 10 feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta. 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 Single -Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2 — 4 units per acre). 3. The legal description of the property is: Lot 11, Block 4 and east 10 feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta. 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. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter does cause an undue hardship. The parcel predates the Chanhassen City Code, as it was platted in 1913 and is a legal non -conforming lot of record. The site is significantly smaller than the required 20,000 square feet of area and the 90 feet of street and lake frontage. The subject site has an area of 6,770 square feet and 50 feet of lake and street frontage. Several of the properties within 500 feet of the parcel are also legal non -conforming, many of which may already have or require variance approval to construct or modernize their property. 0 0 b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are not applicable to all properties that lie within the Single -Family Residential District. The request is unique to the Red Cedar Point Lake Minnewashta subdivision as it predates the adoption of the City Code and many of the houses and properties within the subdivision do not meet the current lot requirements for the district. The proposed shoreland setback is consistent with the adjacent properties, which are legal nonconforming structures, built in the 1920's. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the proposed home is not based on the desire to increase the value of the home. The property owner's intent is to provide reasonable use of the property by constructing a single-family home on the lot. Additionally, the size of the proposed home and location in reference to the shoreline is consistent with the neighboring properties within the Red Cedar Point subdivision, and therefore, is a reasonable request. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged hardship is not self-created. The lot was platted in 1913 and therefore does not comply with the lot area or width requirements of the RSF and Shoreland district and is a nonconforming lot of record. Current ordinances require all new platted lots to show a 60'x60' building envelope. The subject site has a 30'x30' building envelope. The applicant is requesting reasonable use of the property, which is a single-family home. The required 75' setback significantly limits the buildable area on the lot. e. The granting of 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. Finding: The granting of a variance for the construction of a single-family home 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 applicant is proposing to construct a single-family home which is a permitted use within the RSF district and maintain the adjacent properties' lake views by proposing a similar setback. 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 or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed home will not impair an adequate supply of light or air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or diminish property values within the neighborhood. The home will be beneficial to the neighborhood, as it is currently an empty lot with a storage shed on the site. According to City Code, reasonable use of the property is a single-family home. 0 0 5. The planning report #09-15, dated October 20. 2009, prepared by Angie Kairies, et al, is incorporated herein. ACTION "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 18.5 -foot shoreland setback variance, for the construction of a single-family home on a non -conforming lot of record, Planning Case #09-15, based on these findings of fact." ADOPTED by the Chanhassen Planning Commission on this 2e day of October, 2009. CN:/:` IWMIM I'MMINIS .IIN91 Its Chair GAPLAN\2009 Planing Cwt:s\09-l5 Anding Variance - 3625 Red Cedar Point\10-20-09 Findings of Fact.doc PRINT Phone Email: • 4� *Planning Case No. ()rl' I T CITY OF CHANHASSENs R EIVHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 9EP 0 3 2009 DEVELOPMENT REVIEW APPLICATION"A"I'A$SE"PLANM"QoVT Owner Name and Address: br�-Y AiJD,,v �, 3t9118- (�f bA-9 7. 'CKL_ Sro2., N(nl S3 3.3 I Contact: Phone:95:Z-`l7Y-5x83 Fax: Email:a4A-v,,,"GJ mn�nler,ne+- 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) Non -conforming 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) XVariance (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/SPR/VACNARM/AP/Metes 8 Bounds - $450,Minor SUB TOTAL FEE $O C F--fi �3 I n additional fee of $3.00 per address within the public hearing notification area wil be invoiced to the applicant prior to the public hearing. �r,,^� *Sixteen t16) 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. **Eg16vkteri�hired for other applications through the development contract. \ Buildin t al must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNEQ 0 PROJECT NAME: LOCATION: LEGAL DESCRIPTION AND PID: TOTAL ACREAGE: &q P e-6lI6&l1Cg, i6'/- - 1-0In l 4f 2rj(o(oc033o 4, 'W Iz 59 Z WETLANDS PRESENT: YES PRESENT ZONING: h— J 1 REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: r4l NO 0 k-) s,F. FOR SITE PLAN REVIEW: Include number of exisfing employees: and new employees - ('40'°v-(fo, 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 Phis application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Tide, 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 udy. The documents and information I have submitted are true and correct to the best of my knowle e Signatur p licant D e i� 1'309 7*- dot J r( T Signa ure of Fe O er Date GAPLAN\FomrslDeveloprnent Review Application.DOC SCANNED c_-' Rev. 1/08 PROJECT NAME: LOCATION: LEGAL DESCRIPTION AND PID: TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: 0 0 I YES X NO REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: r4( FOR SITE PLAN REVIEW: Include number of existing employees: and new employees - Ca(u1°,—(f©, 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 speck 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 1 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 furtheP understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the udy. The documents and information I have submitted are true and correct to the best of my knowle e lit/ 3 c Signatur p licant D�e VJ.j t� Signalure of Fe ner Date GAPt.AN\FomIsWevelopment Review Application.DOC SCANNED.: Rev. 11o8 n U BayCiff Homes architecture : design : build Date: 9/3/09 Project Location: Betsy Anding 3625 Red Cedar Point Chanhassen, MN. 55331 0 G.C.#20454492 a. All properties within 500 feet of 3625 Red Cedar Point contain single family homes. The reasonable use of 3625 Red Cedar Point is for a single family home. The zoning requirements of RSF for construction of a single family home cannot be met without a variance. The proposed home will blend in with the existing homes in the neighborhood and the requested variances are consistent with preexisting standards in the neighborhood. b. The lot is zoned RSF. This lot does not meet the required size of an RSF lot„ thus the following variances are requested. Per Section 20-615 our proposed design does not meet the front yard setback of 30', we request to have 6.3'. The side yard setback is 10', we request (on the east side) 5' at foundation and 3'-6" at eave. Hardcover is to be 25%, we have 618SF drive, 1710SF home, 284SF street, 63SF shed and 44SF steps. The lot is 6770sf. So 2719SF total is 401/6. Per Section 20-905 a two stall garage is required, we have proposed a one stall garage. The lake setback is 75', we request to be at 58', which aligns with the adjacent neighbors. We also want a 1'-0" setback on the west side yard for the driveway. C. The purpose of the variance is not based upon a desire to increase the value or income potential of the parcel of land. The purpose of the variance is for me - the lot owner, to have a home on the lake that my family has lived on for three and four generations. My maternal grandparents purchased the property located at 3618 Red Cedar Point in 1955 which property has now passed to my mother and aunt. My matemal grandparents purchased the property at 3625 Red Cedar Point in 1968 which land has now passed to me- the lot owner. My paternal great grandparents previously owned the property located at 3631 South Cedar Drive. The property at 3631 South Cedar Drive was 17809 Hutchins Dr. Suite 100 Minnetonka, MN 55345 Phone (952) 401-8830 Fax (952) 401-8100 SCANNED is BayCiff Homes architecture : design : build G.C.#20454492 purchased by my paternal great grandparents in 1914 and they built the first house on Red Cedar Point. The 3631 South Cedar Drive property passed down through the generations and was sold out of the family in 2005 by necessity when my father was diagnosed with dementia. I continue to have relatives on my father's side who live within close proximity on lake Minnewashta. I have lived in my family's home at 3618 Red Cedar Point for roughly the last 15 years, which property will soon be occupied by my mother and aunt. I want to build a house on my land so that I can both continue our families legacy and live in a place that I consider home. d. The hardship is not a self created hardship. The lot size was determined by a governmental agency. Originally, 3625 Red Cedar Point consisted exclusively of Lot 11 which is a forty (40) foot lot. At the time my maternal grandmother purchased the property m 1968 she purchased an additional ten feet of Lot 12 to increase the width of 3625 Red Cedar Point to 50 feet. The lot is a pre-existing nonconforming lot of record. C. Granting the variance will not be detrimental to the public welfare nor will it be injurious to other land or improvements in the neighborhood. It is my desire to build a home that matches in size and scale to the existing homes in the neighborhood and that is a "green" project. I would imagine that developing the property will result in an increased taxable market value and higher property taxes which will ultimately benefit the public. f. The proposed variance will not impair the adequate supply of light or air to the adjacent property. The proposed home is in line with where the neighbors on either side and beyond sit with respect to the lake and does not jut out in front of the adjacent residences. The proposed variance will not increase the congestion of the public streets as I have already lived in the neighborhood for approximately 15 years. I do not believe the proposed home increases the danger of fire or endangers the public safety. I believe that the planned home will actually add to the value of the properties in the neighborhood and will in no way, substantially or otherwise, diminish or impair property values. 17809 Hutchins Dr. Suite 100 Minnetonka, MN 55345 Phone (952) 401-8830 Fax (952) 401-8100 SCANNED 0 0 BayCliffHomes architecture : design : build Written description of variance request: G.C.#20454492 Due to the age of the platted land, lot size, lot configuration and street location in relation to the property lines our proposed modest home does not meet the standards of today. In addition, if we were to have no variances, a two stall garage 22'x22' covers over 50% of the building envelope, thus leaving unusable space proportions for any type of home, other than a tower over the garage. This would not fit the neighborhood characteristics. We respectively request the following: 1) We are asking for a front yard setback of 6.5' from the street. 2) West side: A side yard driveway set back of 1'-0" 3) East side: A side yard setback of 5' from the foundation and 3'-6" from the eave. 4) A lake setback equal to the adjacent neighbors (east /west) of 58' roughly. 5) A one stall garage, not the required two stall. 6) A hardcover of 40% not the required 25%. Please note the street area is included and the relocation of an existing garden shed. In addition we are planning to build to the standards of a "Greenstar Home", this new house will continue to benefit both the local neighborhood and greater metro area during construction and long after completion. 17809 Hutchins Dr. Suite 100 Minnetonka, MN 55345 Phone (952) 401-8830 Fax (952) 401-8100 sc ADVANCE SURVEYING & ENGINEERING CO. 5300S.Hwy.No.101 Minndonkt MN55345 Plmne(612)4747964 Fu(612)4745267 SURVEY FOR: BAYCLIFF HOMES, LLC SURVEYED: Augnst. 2009 DRAFTED: August I8, 2009 REVISED: September 2, 2009 in show Imposed home std related improvement, lurdcnver. LEGAL DESCRIPTION: Lot I I and the Past 10 fed of Lot 12, Block 4, Red Cedar Point Lake Mirmewuhn, Carver County, Minnesota LIMITATIONS & NOTES: 1. Slowing theon anirection ofboundary lines ofthe above legal description. Thescupeofuur service does not include determining what you own, which is a legal mover. Please check the leggit description wl�yom recd is or consult with component legal counsel, if necessary, m make am Ct it is comod. and that any mitten afrecord, such u easements, that you wish shown on the survey, have been shown. 2. Showing the location damning impro,doema we deemed important. 3. Setting new connection or vsntying old monuments to mark the corners of the property. 4. Showing elevations on the site 51 selecnd I ... Hons to give some indication of the topography of Ne site. The elevation shown nen only to the benchmark provided on Nis survey. Use that benchmark end check at least one other feature shown on Iles map when determining other elevations for use on this site STANDARD SYMBOLS & CONVENTIONS: vw Derwin pipe with plastic plug hading State License Number 9235, sd, unless otherwise noted. CERTIFICATION: I hereby certify Nat this plan, specification, report or survey was prepared by me or under my direct supervision and Net I son a licensed Professional Engineer and Profeumnal Surveyor under the laws of the State of Minneaon. H. Poker P.E. & P.S. No. 9233 HARDCOVER HOUSE 1.710 SO. FT. DRIVEWAY 618 SO. FT. STEPS 44 Sp. FT. SHED 63 SO. FT. STREET 284 SO. FT. TOTAL HARDCOVER 2,719 SO. FT IAT AREA TO OHW 6,770 SO. FT HARDCOVER 4 40.169 GRAPHIC SCALE )H 1[., ) tem .� REO amAR Payr RD — — — — — rsunra..�� titans' rPROPOSPD �O I DM1V0 R I s nue -+ .., b.. i PAYS o aARAOE ,4 -+aaa a rwmr u. . V w use 0 I .0 /L 51 ,/) I oIHtOP08E0 t I t0 awRELM° S I !pY I ' // I :mw — _ cmawsawauoA �Kg NINN6�'�yTA D#G. NO. O"5P SCANNED 0 36ZS OU) CE . Po i�3r sc1�t,� Yg gcH� 9ploY 0 0 t,K�� LeV"4�j 6( 4 Vl oct 36 Z'6- A" CEVi4tz- �/ 9 6DvT}4 ELEv�kT10" Best+ 36Z5 KEd CK -,OAP- ic)I►J1 0 0 Variances within 500 Feet of 3625 Red Cedar Point Road Address Variance File Variance Number 20.2 foot front yard setback variance and an 8 -foot side yard 08-04 setback variance for the construction of a single-family home 3633 South Cedar Drive 06-04 22.5 -foot front yard setback variance, 15.8 -foot front yard setback variance and a 239% hard surface coverage variance for the construction of a three -stall garage 3637 South Cedar 04-07 19.3 foot front yard setback, a 4 foot lakeshore setback for Drive the expansion of a single family home. 3628 Hickory 13 -foot front yard setback, 2 -foot front yard setback and 5 - Road 02-5 foot side yard setback variances for the construction of a garage. 7201 Juniper 98-7 11.5 -foot front yard variance for the construction of a home Avenue 84-2 addition 3705 South Cedar Two Mont side yard setback variances, a 31 -foot lakeshore Drive 964 setback variance and a hard surface coverage variance. 3618 Red Cedar 15 -foot lakeshore and 8 -foot side yard setback variances for Point Road 93 6 the construction of a porch and deck 92-1 1.5 -foot side yard and 14.5 -foot Lakeshore setback variances for the construction of an attached two -car garage 3607 Red Cedar Point Road 7.5 -foot lakeshore setback variance for the construction of a deck and a 13.5 -foot lakeshore setback variance for the 81-8 construction of a 6' x 6' stairway landingad 4 -foot east side yard wetback variance for the construction of 3605 Red Cedar a two car garage. Point Road 88-11 2 -foot west side yard and, 26 -foot shoreland setback variance for the intensification and expansion of a second story bedroom. 3629 Red Cedar 87-13 12 -foot front yard setback and two Mont side yard setback Point Road variances for the demolition of an existing cabin and the construction of a new home. 3601 Red Cedar 87-10 45 -foot shore land setback variance for a house addition. Point Road 3624 Red Cedar 4.8 -foot side yard and 1.8 -foot front yard variances for an Point Road 85-20 addition to a garage. 3613 Red Cedar 83-9 12 -foot front yard, a 2 -foot side yard setback variances and a Point Road 7 -foot shoreland setback for the construction of a single family home. / a v', i i JIM tet. / J 901 ✓ 1 j/ i I • � �%�- �1 .,F 0 0 RIC ANDING & ASSOCIATES Traffic Accident Reconstruction and Analysis September 6, 2009 To the City of Chanhassen Re: Variance request Betsy Anding In 1914 my grandfather bought land on Red Cedar Point and built the first home here. In 1943 my parents bought the home from my grandparents and our family and extended family has lived here ever since. During the years we have seen many changes, some good i.e. Dave Bangassers new home on South Cedar Drive, others not so good i.e. THE HOUSE BUILT BY JIM JASON on South Cedar Drive. Betsy Anding is my niece and would like to build a home on land that has been in her family for over 50 years. I have reviewed the plans of the home she would like to build. This home requires some variances from the required set backs which I don't believe are unreasonable. I would encourage the city to approve the requested variances as the plans and house are not to the extreme and will blend into the existing neighborhood quite well. ` Very Truly Yours, Richard B. Anding 3715 South Cedar Drive • Excelsior, Minnesota 55331-9688 -Phone/Fax (952) 474-4211 EMAIL: :icandine illsn.coni 0 0 To Whom It May Concern: We have reviewed the preliminary plans and variances requested by Betsy Anding for the residence she hopes to build at 3625 Red Cedar Point. We have no objection to the requested variances. r eve & Matsh�eK usem� 3622 Red Cedar Point Road Excelsior, Minnesota 55331 0 0 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 September 24, 2009, 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 Anding Variance — Planning Case 09-15 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. K J. Engel dt, Deptkyberk Subscribed and sworn to before me this Qday of , 2009. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 6, 2009 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. Proposal: Request for variances to construct a home on property zoned Request for variances to construct a home on property zoned Residential Sin le Family RSF Applicant: Ba Cliff Homes Property 3625 Red Cedar Point Road Location: (Lot 11, Block 1, Red Cedar Point Lake Minnewashta) (Lot 11, Block 1, Red Cedar Point Lake Minnewashta) 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 What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 1. Staff will give an overview of the proposed project. 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. _ 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/09-15.htmI. If you wish to www.ci.chanhassen.mn.us/serv/plan/09-15.htmi. If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies@ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written phone at 952-227-1132. If you choose to submit written 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. 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. • 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 recommentlation. 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 commerclallindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s), • Because the Planning Commission holds the public 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, October 6, 2009 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. Request for variances to construct a home on property zoned Proposal: Residential Single Family RSF Applicant: Ba Cliff Homes Property 3625 Red Cedar Point Road Location: (Lot 11, Block 1, Red Cedar Point Lake Minnewashta) 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: 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. 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/serv/plan/09-15.htmi. If you wish to talk to someone about this project, please contact Angie Kairies by email at akairies@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, 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 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/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, lease contact the Plannino Staff person named on the notification. AARON J & ADRIENNE F THOMPSON ANVER L & ANNE K LARSON BETSY S ANDING 3711 SOUTH CEDAR DR 3705 SOUTH CEDAR DR 3618 RED CEDAR PT EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-7720 BIRUTA M DUNDURS CATHERINE J BLACK CHARLES F & VICKI L ANDING 3627 RED CEDAR POINT RD 3629 RED CEDAR POINT RD 6601 MINNEWASHTA PKWY EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-9657 DEBORAH S LOCKHART & DOUGLAS B & JAMIE ANDERSON EDWIN L & LIVIA SEIM 3618 RED CEDAR POINT RD 3607 RED CEDAR POINT RD 292 CHARLES DR EXCELSIOR, MN 55331-7720 EXCELSIOR, MN 55331-7721 SAN LUIS OBISPO, CA 93401-9204 EMIL & PATRICIA SOUBA GARY ALAN PETERSON & GREGORY & JOAN DA -MLO 14025 VALE CT 1769 20TH AVE NW 7201 JUNIPER AVE EDEN PRAIRIE, MN 55344-3017 NEW BRIGHTON, MN 55112-5433 EXCELSIOR, MN 55331-9614 GREGORY BOHRER GREGORY P ROBERTSON & JEAN D LARSON 3706 HICKORY RD 3701 SOUTH CEDAR DR 3609 RED CEDAR POINT RD EXCELSIOR, MN 55331-9768 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-7721 JILL D HEMPEL KEITH H & FRANCES M PAAP LUMIR C & SUSAN S PROSHEK 3707 SOUTH CEDAR DR 3601 RED CEDAR POINT RD 3490 MORNING LAKE DR 4201 EXCELSIOR, MN 55331-9688 EXCELSIOR, MN 55331-7721 BONITA SPGS, FL 34134-9161 MARIA P KNIGHT MARY JO ANDING BANGASSER PETER J & KARRI J PLUCINAK 3605 RED CEDAR POINT RD 3633 SOUTH CEDAR DR 3631 SOUTH CEDAR DR EXCELSIOR, MN 55331-7721 EXCELSIOR, MN 55331-9686 EXCELSIOR, MN 55331-9686 SCOT A LACEK STEPHEN M GUNTHER & STEVEN E & MARSHA E KEUSEMAN 3630 HICKORY RD 3628 HICKORY RD 3622 RED CEDAR POINT RD EXCELSIOR, MN 55331-9766 EXCELSIOR, MN 55331-9766 EXCELSIOR, MN 55331-7720 STEVEN P & LAURIE A HANSON SUSAN A & JOHN R BELL THOMAS C & JACQUELINE 5901 CARTER LN 4224 LINDEN HILLS BLVD JOHNSON MINNETONKA, MN 55343-8966 MINNEAPOLIS, MN 55410-1606 3637 SOUTH CEDAR EXCELSIOR, MN 55331-1- 9686 THOMAS L & JESSICA B LYMAN 3603 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 0 CITY OF CHANHASSEN PC DAT40/6/09 CC DATE: 10/12/09 REVIEW DEADLINE: 11/3/09 CASE #: 09-15 BY: AK, AF, JM, TJ PROPOSED MOTION: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 12.5 -foot front yard setback variance, a 6.5 -foot east side yard setback variance, a 9 -foot driveway setback variance along the west property line, a variance from the two - car garage requirement for the construction of a single -car garage, and a 13.4% hard surface coverage variance for the construction of a single-family home on a non -conforming lot of record, Planning Case #09-15, and adoption of the Findings of Fact And Action, and subject to conditions 1-3 as specified on pages 9 and 10 of the staff report." PROPOSAL: The applicant is requesting the following variances for the construction of a single family home on a non -conforming lot of record zoned Single Family Residential District (RSF): • Front yard setback: 12.5 -foot variance (17.5 -foot setback) 6 • East side yard: 6.5 -foot variance (3.5 -foot setback) • West side yard: 9- foot driveway variance (1 -foot setback) • Lake setback: 18.5 -foot variance (56.5 -foot setback) • Two -car garage: single -car garage variance (single -car garage) • Hard surface coverage: 13.4% variance (38.4% HSC) (AD proposed setbacks are measured from the 18 -inch eaves of the structure). LOCATION: 3625 Red Cedar Point Road Lot 11, Block 4 & east 10 feet of Lot 12, Red Cedar Point Lake Minnewashta APPLICANT: Bill Worms Betsy Anding BayCliff Homes 3618 Red Cedar Point Road 17809 Hutchins Drive, Suite 100 Excelsior, MN 55331 Minnetonka, MN 55345 PRESENT ZONING: Single Family Residential (RSF) 2030 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: .16 (6,770 square feet) DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. ni &CANNED Anding Variance • • Planning Case # 09-15 October 6, 2009 Page 2 of 10 SUMMARY OF PROPOSAL The subject site is located on Lake Minnewashta's Red Cedar Point at Red Cedar Point Road and is zoned Single -Family Residential (RSF). The site is a non -conforming lot of record with an area of 6,770 square feet versus the minimum 20,000 square feet for a riparian lot in the RSF district. The applicant is requesting a 12.5 -foot front yard setback variance (17.5 -foot setback) from the minimum 30 -foot front yard setback requirement, a 6.5 -foot east side yard setback variance (3.5 - foot setback) from the minimum 10 -foot side yard setback requirement, a 9- foot driveway variance along the west property line (1 -foot setback) from the minimum 10- foot driveway setback, a variance from the two -car garage requirement for the construction of a single -car garage, and a 13.4% variance (38.4%) from the 25% hard surface coverage maximum requirement in the RSF district for the construction of a single-family home. The zoning ordinance states that eaves may not encroach into the required setback if a variance is granted. Therefore, all setback distances for variance consideration will be measured from the eaves of the structure while the foundation is recessed 18 inches from the eaves. Staff is recommending approval of this variance request based on providing reasonable use of the property and the uniqueness of the site and Red Cedar Point Road. Anding Variance • • Planning Case # 09-15 October 6, 2009 Page 3 of 10 APPLICABLE REGUATIONS Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4. Section 20-73. Nonconforming lots of record. Chapter 20, Article VII. Shoreland Management District. Chapter 20, Article XII. Single -Family Residential (RSF) District. Chapter 20, Article. XXIII, Division 1. Sec. 20-905. Single Family Dwellings Chapter 20, Article XXIII, Division 1. Sec. 20-908. Yard Regulations. Chapter 20, Article XXIV, Division 2. Section 20-1122. Access and driveway BACKGROUND The subject property was platted as part of the Red Cedar Point Lake Minnewashta Subdivision which was recorded on August 30, 1913. The subject site is a non -conforming lot of record as it does not meet minimum lot requirements. Originally, the parcel consisted of Lot 11, which was 40 feet in width. In 1968, an additional ten feet was purchased form Lot 12 to increase the width to 50 feet. The lot area is 6,770 square feet verses the required 20,000 square -foot requirement for riparian lots. The existing right-of-way width on Red Cedar Point Road is 15 feet, which is substandard. Typical right-of-way width is 60 feet; 50 feet in environmentally sensitive areas. City Code requires minimum 24 -foot wide rural (ie. no curb or gutter) streets within this zoning district. At this location, Red Cedar Point Road is approximately 18 feet wide. Approximately four to six feet of the road lies outside of the right -0f -way on 3625 Red Cedar Point Road. Due to the fact that the Red Cedar Point Lake Mumewashta subdivision predates the adoption of the zoning ordinance in 1972, nearly all the parcels in this development are non- conforming lots of record and many may require a variance to update the homes, as well as provide a reasonable use of the property (year-round homes). ANALYSIS The applicant and her family have lived in the Red Cedar Point neighborhood since the early 1900s and would like to continue to do so. This property has been in the family for many years and the property owner would like to construct a home on the site. Due to the size of the lot a market rate home is virtually impossible to locate on the site without variances. The subject site is a non -conforming lot of record as it was platted in the early 1900s and does not comply with many of the RSF zoning district standards which were established in 1972. The site has an area of 6,770 square feet and a width of 50 feet at the street and lake frontages. City Code requires riparian lots to er�orr. ---- , 5 8450'10' E as '•PROPOSED Nr'., DR VE R; +� Buildable PROPOyEOo® Area oARltORr d asq 44 900 o 00 R 0 10 lob I it MAW1 y�y�yd IdSy7A Anding Variance • • Planning Case # 09-15 October 6, 2009 Page 4 of 10 have a minimum area of 20,000 square feet and 90 feet of street and lake frontage. Additionally, the required 30 -foot front yard, 10- foot side yard, 75- foot lakeshore setbacks, and 25% maximum hard surface coverage requirements further limit the buildable area of the site. To comply with all of the required setbacks, the buildable area of the site is 900 square feet. City Code requires that a (30' x 30') rambler have a minimum floor area of 900 square feet and a two-story have a minimum of 600 square feet on the first level. In addition to the minimum floor area, the City Code also requires the site to have a two -car garage. An average size garage is 22'x 22' (484 square feet). The required garage alone would occupy over 50% of the buildable area. With a 484 square -foot garage, 600 square -foot two-story home and a 24' x 30' driveway, the site coverage would exceed the maximum 25% hard surface coverage. This does not take into account any sidewalk or patio improvements or a water -oriented accessory structure, which is also a reasonable use within the shoreland district. Due to the size of the lot and scale of the house, the applicant is requesting a variance to construct a single -car garage. A standard single car garage is 10' x 20' with a typical 8 foot garage door. The applicant is requesting a single garage, but the plan shows a single plus size garage. If the garage was reduced to 10' x 20' the front yard setback and hard surface coverage variances will also be reduced. The applicant is requesting several variances from the RSF and shoreland district regulations to build a single-family home on the site. The zoning ordinance states a two-story single-family home must have minimum area of 600 square feet on the first level. However, current market conditions and the surrounding properties necessitate a larger living space. For example, in the North Bay Subdivision the house is approximately 1,700 square feet located on a 3,150 square -foot lot. The subdivision is a Planned Unit Development (PUD) and the hard surface coverage is balanced across the development. The lots also have a 25 -foot front yard setback and 5 -foot and 10 -foot side yard setbacks. Ordinance Proposed Variance Request Single -Family Home 600 square feet 1,390 square feet NA (two-story) (First floor) first floor Front yard setback 30' 17.5' 12.5' (includes eaves) Garage Two -Car Single -Car Single -Car East side yard setback 10' 3.5' 6.5' includes eaves Driveway side yard 10' 1' 9' setback west Shoreland setback 75' 56.5' 18.5' includes eaves Hard Surface Coverage 25% 38.4% 13.4% The zoning ordinance states a two-story single-family home must have minimum area of 600 square feet on the first level. However, current market conditions and the surrounding properties necessitate a larger living space. For example, in the North Bay Subdivision the house is approximately 1,700 square feet located on a 3,150 square -foot lot. The subdivision is a Planned Unit Development (PUD) and the hard surface coverage is balanced across the development. The lots also have a 25 -foot front yard setback and 5 -foot and 10 -foot side yard setbacks. Anding Variance • • Planning Case # 09-15 October 6, 2009 Page 5 of 10 Additionally, the surrounding properties within the Red Cedar Point subdivision contain single- family homes ranging from 2,000 square feet to 4,000 square feet. Front Yard Setback: Due to the fact that the existing right- of-way width on Red Cedar Point Road is substandard, and approximately four to six feet of the road lies on the subject site, the applicant is requesting a front - yard setback of 17.5 feet from the property line. The proposed setback from the edge of the bituminous public street is I 1 feet as measured from the eaves. This is not a self-created hardship, as the public street is not constructed entirely within the platted right of way. RED OEOAR POC;yr R^ v FIXJ,q Y2p, $ S 84'50'10" I ';=-7.02 Fotft wa FMM lw -' '• PR POSED N° X ' NWN � t0 I __1.5 EASE 5.0 1� �� � s. /L LM It is anticipated that the streets within Red Cedar Point will be reconstructed in 2010 due to the poor condition of the streets and the utilities. Reconstruction work within this neighborhood will be challenging since the majority of the right-of-way within the area is substandard and existing structures are quite close to the right-of-way. Based on the depth of sanitary sewer and watermain, the excavation limits of typical construction techniques will extend past the right-of-way. Additional space will be required to place material excavated from the construction trench. Considering that the right-of-way width in this area is only 15 feet, staff is aware that special construction techniques will be required for the project. Perimeter drainage and utility easements were not included on the Red Cedar Point Lake Minnewashta plat; therefore, space required for the project outside of the 15 -foot right-of-way will need to be secured by permanent and/or temporary easements. Typically, staff attempts to preserve a construction corridor free of structures to provide adequate space for construction; however, this particular lot presents many challenges that would prevent this, specifically the narrow lot width (50 feet) and the setback from the lake (75 feet). The applicant is proposing a side -loading single car garage, which faces the west property line. The proposed garage is located 11.5 feet from the right-of-way and 5 feet from the edge of the road. The size and orientation of the garage minimizes the front -yard setback variance request and allows for snow storage between the garage and the public street. East side yard setback: While the main house will meet the 10 -foot side yard setback, the applicant is proposing to offset the garage to the east on the property, which will allow for access into the side -load garage and provide for and attractive home style. Since the lot is only 50 feet wide, to offset the garage the applicant is requesting a 3.5 -foot side yard setback, as measured at the eaves. Anding Variance • • Planning Case # 09-15 October 6, 2009 Page 6 of 10 Driveway setback: With the proposed single -car garage positioned as a side load, the area of the driveway increases significantly. City Code requires driveways to be set back a minimum 10 feet from the side property line within the first 20 feet back from the right-of-way. After 20 feet, the driveway may be set back 5 feet from the side property line. Due to the size of the lot (50 -foot width), the side load garage and Red Cedar Point Road encroaching onto the subject site, the proposed driveway width and 1 -foot setback from the west property line is necessary to accommodate the turning movements of a passenger vehicle entering the garage. Additionally, because the proposed garage is a single stall, off-street parking should be taken into account for this site to help alleviate parking on Red Cedar Point Road. Shoreland Setback: The applicant is requesting a 56.5 -foot shoreland setback, as measured at the eaves. The applicant positioned the proposed house in this location to keep in line with the adjacent properties to maintain their view of the lake. The applicant is proposing to relocate the existing shed near the shoreline to be used for water -oriented items. The shoreland district allows for such use a minimum of 10 feet from the OHW and from the side yard setback. The proposed shed is included in the hard surface coverage calculations. Hard Surface Coverage: As stated previously, due to the size of the lot, a standard 22'x 22' (484 square -foot) garage, minimum 600 square -foot (two-story) home and typical 24'x 30' driveway would exceed the maximum hard surface coverage for the lot. This does not account for a sidewalk, access pads (i.e. stairs from exiting doors) or water -oriented structure, all of which are reasonable accessory uses within the residential single-family and shoreland district. Additionally, 284 square feet of Red Cedar Point Road is located on the subject site, as the road is not located entirely within the platted right-of-way. If Red Cedar Point Road were located within the platted right-of-way and not on the subject site, then the proposed hard surface coverage would be 34% rather than the requested 38.4%. The location of the street significantly increases the site coverage. The location of Red Cedar Point Road is not a self-created hardship and therefore presents a unique circumstance which limits the available site coverage on the property. Anding Variance • • Planning Case # 09-15 October 6, 2009 Page 7of10 500 Feet Many of the existing lots and setback dimensions throughout the neighborhood do not meet the minimum requirements, because the original homes/cabms were constructed in the early 1900s, nearly 70 years before the district standards were adopted. Staff reviewed city records to determine if variances had been granted within 500 feet of the subject property. Staff found 12 variances granted within 500 feet of the subject property, all of which are setback variances (see Attachment 5) Additionally, of the 12 \ VY variances within 500 feet, the size of the house and garage on the parcels range from 2,000 square feet to over 4,000 square feet. Based on the surrounding properties, the applicant's request for a 1,590 square -foot house and attached garage (1,390 square -foot house + 200 square -foot garage) is a reasonable request as it will blend well with the surrounding properties. TREE PRESERVATION Within the proposed building pad, there are no existing trees. A small cedar is located near the east property line and a large ash is growing near the west property line. The applicant may try to preserve the ash and possibly the cedar as well. Neighbors have mature trees very close to the property lines on either side of the lot. To protect the trees during construction, the following practices are advised: • Tree protection fencing must be properly installed at the edge of construction. This must be done prior to any construction activities and remain installed until all construction is completed. • To retain soil moisture in the remaining root area, wood chip mulch should be applied to a depth of 4 — 6 inches, but no deeper, over all the root area. • When excavating near the tree, roots should be cut by hand or a vibratory plow to avoid ripping or tearing the roots. • No equipment or materials may be stored within the protected root areas. • The trees will need to be watered during dry periods until the ground is frozen. Anding Variance Planning Case # 09-15 October 6, 2009 Page 8 of 10 If the applicant chooses not to preserve the existing trees, a total of two trees will be required to be planted in the yard. If the ash is protected and saved, then only one tree will be required to be planted. WETLANDS A review of the City's wetland inventory map, the NRCS Soil Survey and available aerial photography is not indicative of the presence of any wetland features on the property. The property is abutted by Lake Minnewashta to the south but appears to be lacking a fringe wetland area. Based upon this review, it is unlikely that any wetland impacts will occur as a result of the proposed site plan. LAKES The entire property lies within 1,000 feet of the ordinary high water level (OHW) for Lake Minnewashta, a recreational development lake, and is therefore subject to the Shoreland Management District rules. Any variance from these rules must also be approved by the Commissioner of the Department of Natural Resources. A copy of the application was submitted to the DNR and, as of the date of this report, no comment had been received from the DNR. This is not to be construed as a positive recommendation from the DNR. EROSION AND SEDIMENT CONTROL AND RUNOFF Because a majority of the site drains towards a Water of the State, there is increased importance that sediment and erosion control management measures are installed prior to any earth disturbing activities. These measures should be sufficient to prevent the displacement of sediment into Lake Minnewashta. At a minimum, they should comply with Chanhassen Erosion Control Detail Plate No: 5302B. In the event that the erosion and sediment control measures are inadequate, the owner must incorporate additional best management practices to assure that all sediment is contained on site. Until such a time as the permanent driveway is in place, a rock construction entrance will be needed at all times. This entrance shall generally follow the specifications described in Detail Plate No. 5301. However, because of the diminutive nature of the lot, the rock entrance needs only to be at least 20 feet in length and width but must otherwise comply with the specifications previously mentioned. Additional best management practices shall be incorporated as needed to assure that no sediment is transported onto neighboring properties. All best management practices must remain in place until at least 75% of the property is permanently stabilized. OTHER AGENCIES The applicant is responsible for and obtaining any permits or approvals from the appropriate regulatory agencies and comply with their conditions of approval. These agencies may include the Department of Natural Resources, the United States Army Corps of Engineers and the Anding Variance • • Planning Case # 09-15 October 6, 2009 Page 9of10 Minnehaha Creek Watershed District. For instance, a permit will be required from the Minnehaha Creek Watershed District under Rule B: Erosion Control. MISCELLANEOUS A building permit is required before any construction may begin. Any portion of the structure less than five (5) feet from the property line must be of one-hour fire -resistive construction. Building permits are required for any retaining walls greater than 4 feet in height. Retaining walls must be designed by a structural engineer licensed in the State of Minnesota. Approval of a variance is contingent upon proof that the literal enforcement of the City Code would cause an undue hardship. Many aspects of the parcel are legal non -conforming, including the lot size and lot frontage, because the lot was platted in the early 1900s, prior to the adoption of the district regulations. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission, as the Board of Appeal and Adjustments, approves an 12.5 -foot front yard setback variance, a 6.5 -foot east side yard setback variance, a 9 -foot driveway setback variance along the west property line, a variance from the two -car garage requirement for the construction of a single car garage, and a 13.4% hard surface coverage variance for the construction of a single-family home on a non -conforming lot of record, Planning Case #09-15, and adoption of the findings of fact and action, subject to the following conditions: 1. Building Official Conditions: a. A building permit is required. b. Any portion of the structure less than five (5) feet from a property line must be of one- hour fire -resistive construction. c. Any retaining was greater than 4 feet in height must receive building permit approval. d. Retaining walls greater than 4 feet in height must be designed by a structural engineer licensed in the State of Minnesota. 2. City Forester Conditions: a. Tree protection fencing must be properly installed at the edge of the grading limits on the entire east, west and south sides. This must be done prior to any construction activities and remain installed until all constriction is completed. b. The roots of neighboring trees must be cut by hand or a vibratory plow. c. No equipment may be stored within the tree protection areas. Anding Variance • • Planning Case # 09-15 October 6, 2009 Page 10 of 10 d. If no trees are present in the rear yard, two overstory, deciduous tree are required to be planted. If the existing ash tree is preserved, one overstory, deciduous tree will be required to be planted. Trees must have a minimum diameter of 2'/s" when planted. 3. Water Resource Coordinator Conditions: a. The plans shall be revised to indicate the placement of silt fence or other approved perimeter BMP as well as incorporate any applicable Chanhassen standard details for erosion and sediment control. This should include, at a minimum, 393-5301 and 393- 5302B. All erosion and sediment control features shall be installed prior to any earth disturbing activities and shall remain in place until at least 75% of the property is permanently stabilized. b. The applicant shall apply for and obtain permits from the appropriate regulatory agencies where applicable and comply with their conditions of approval. ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Registered Land Survey. 4. Building Elevations. 5. Variances within 500 Feet. 6. Letter from Deborah Lochart and Diane Anding dated September 2, 2009. 7. Letter from Patricia Souba dated September 2, 2009. 8. Letter from Richard Anding dated September 6, 2009. 9. Letter from Marsha and Steve Keuseman. 10. Public Hearing Notice and Affidavit of Mailing List. g:\plan\2009 planning cues\09-15 anding variance - 3625 red cedar point\staff report.doc 0 • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Bill Worms of BayCliff Homes, on behalf of Betsy Anding, for an 12.5 - foot front yard setback variance (17.5 foot setback) from the minimum 30 -foot front yard setback requirement; a 6.5 -foot east side yard setback variance (35 foot setback) from the minimum 10 - foot side yard setback requirement; a 9 -foot driveway setback variance along the west property line (1 foot setback) from the minimum 10 -foot driveway setback; a variance from the two -car garage requirement for the construction of a single car garage; and a 13.4% variance (38.4%) from the 25% hard surface coverage maximum requirement variance for the construction of a single-family home on a non -conforming lot of record — Planning Case No. 09-15. On October 6, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bill Worms of BayCliff Homes, on behalf of Betsy Anding, for a front yard setback, east side yard setback, driveway setback, single -car garage, and a hard surface coverage variance to construct a single-family home on a non -conforming lot located at 3625 Red Cedar Point Road, located in the Single -Family Residential (RSF) district on Lot 11, Block 4 and the east 10 feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta. 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 Single -Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2 — 4 units per acre). 3. The legal description of the property is: Lot 11, Block 4 and east 10 feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta. 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. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. 0 • b. Finding: The literal enforcement of this chapter does cause an undue hardship. The parcel predates the zoning ordinance as it was platted in 1913 and is a legal non -conforming lot of record. The site is significantly smaller than the required 20,000 square feet of area and the 90 feet of street and lake frontage. The subject site has an area of 6,770 square feet and 50 feet of lake and street frontage. Several of the properties within 500 feet of the parcel are also legal non -conforming, many of which may already have or require variance approval to construct or modemize their sites. c. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are not applicable to all properties that lie within the Single -Family Residential District. This condition is unique to the Red Cedar Point Lake Mmnewashta subdivision as it predates the adoption of the zoning ordinance and many of the houses and properties within the subdivision do not meet the current lot requirements for the district. The 284 square feet of Red Cedar Point Road lies within the subject property, thus occupying 4% of the available hard surface coverage for the site, limiting the available area for a single-family home, garage, driveway, etc. d. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the proposed addition is not based on the desire to increase the value of the home. The property owner's intent is to provide reasonable use of the property by constructing a single-family home on the lot. A two -car garage is a requirement of the RSF district; however, a standard two -car garage would occupy over 50% of the lot area. Therefore, due to the size of the lot and the scale of the home, the applicant is proposing to construct a 10' x 20' single -car garage. Additionally, the size of the proposed home and garage is within the size range of the homes on surrounding properties within the Red Cedar Point subdivision, and is a reasonable request. e. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged hardship is not self-created because the applicant is requesting to construct a single-family home on a non -conforming lot of record which does not meet the lot area or width requirements of the RSF and Shoreland district. Red Cedar Point lake Minnewashta was platted in 1913 and predates the adoption of the zoning ordinance. The proposed single-family dwelling and 10' x 20' single -car garage is smaller in size than what the neighborhood and market demands for an individual dwelling unit within an attached single-family building. Additionally, 284 square feet of Red Cedar Point Road is located on the subject site which significantly limits the available hard surface coverage of the site. f. The granting of 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. 2 s Finding: The granting of a variance for the constriction a single-family home 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 applicant is proposing to constrict a single-family home which is a permitted use within the RSF district with a single -car garage versus a two -car garage to minimize the building square footage, and maintain the adjacent properties' lake views by proposing a similar setback. The proposed driveway will accommodate the turning radius of a passenger vehicle into the side -load garage as well as accommodate off-street parking. g. 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 or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed home will not impair an adequate supply of light or air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or diminish property values within the neighborhood. The home will be beneficial to the neighborhood, as it is currently an empty lot with a storage shed on the site. According to City Code, reasonable use of the property is a single-family home. 5. The planning report #09-15, dated October 6, 2009, prepared by Angie Kairies, et al, is incorporated herein. ACTION "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 12.5 -foot front yard setback variance, a 6.5- foot east side yard setback variance, a 9 - foot driveway setback variance along the west property line, a variance from the two -car garage requirement for the construction of a single -car garage, and a 13.4% hard surface coverage variance for the construction of a single-family home on a non -conforming lot of record, Planning Case #09- 15, based on these findings of fact." ADOPTED by the Chanhassen City Council on this 6U' day of October, 2009. CHANHASSEN PLANNING COMMISSION IRW Its Chair g:\plan\2009 planning cases\09-15 anding variance - 3625 red cedar poinfxcp findings of fact.doc AMU i 3vio. All r.- •► • I i a . L. 4*4 4 7 I �y � r # • • , •�•,- �' i1.•• y.. ,mow, "•r , " r �..,j•. 5i�h5 .n fes. . + t r i + t r • dwp , i 5 `L Af - � - .. _. 4- + + +' ' !fi "its. `+�„�..'r�,.. „�. �.l�t- °► t a, Y � • y i -}- kt Administration SUBJECT: BayCliff Homes Variance - 3625 Red Cedar Point Road MY OF MEMORANDUM Cg RSSEN TO: Angie Kairies, Planner I 7700 Market Boulevard FROM: Alyson Fauske, Assistant City Engineer PC Box 147 The existing right of way width on Red Cedar Point Road is 15 feet, which is Chanhassen, MN 55317 DATE: October 6, 2009 Administration SUBJECT: BayCliff Homes Variance - 3625 Red Cedar Point Road Phone: 952227.1100 Planning Case 09-15 Fax: 952.227.1110 BACKGROUND Barking Inspections The existing right of way width on Red Cedar Point Road is 15 feet, which is Ptane:952227.1180 substandard. Typical right of way width is 60 feet; 50 feet in environmentally sensitive Fax: 952.227.1190 areas. City Code requires minimum 24 -foot wide rural (ie. no curb or gutter) streets within this zoning district. At this location Red Cedar Point Road is approximately 18 th9 feet wide at this location; approximately four to six feet of the road lies outside of the Phone:111i 1160 right of way on 3625 Red Cedar Point Road. Fax: 952.227.1170 Finance It is anticipated that the streets within Red Cedar Point will be reconstructed in 2010 due Phone: 952.227.1140 to the poor condition of the streets and the utilities. Reconstruction work within this Fax: 952.227.1110 neighborhood will be challenging since the majority of the right of way within the area is substandard and existing structures are quite close to the right of way. Park 8 Recreation Phone: 952.227.1120 Based on the depth of sanitary sewer and watermain the excavation limits of typical Fax: 952.227.1110 construction techniques will extend past the right of way. Additional space will be required to place material excavated from the construction trench. Considering that the Reueation Center right of way width in this area is only 15 feet, staff is aware that special construction 2310 Coulter Boulevard techniques will be required for the project. Perimeter drainage and utility easements were Phone: 952.227.1400 not included on the Red Cedar Point Lake Minnewashta plat, therefore space required for Fax: 952.227.1404 the project outside of the 15 foot right of way will need to be secured by permanent and/or temporary easements. Pig 8 NahffdRescum Typically Staff attempts to preserve a construction corridor free of structures to provide Phone: 952227.1130 adequate space for construction, however this particular lot presents many challenges that Fax: 952.227.1110 would prevent this, specifically the narrow lot width (50 feet) and the setback from the MkIlliaks lake (75 feet). 1591 Park Road Phone: 952.227.1300 The applicant is proposing a side -loading, single car garage that is 13 feet from the right Fax: 952.227.1310 of way and 6.5 feet from the edge of the road. The size and orientation of the garage minimizes the front -yard setback variance request. SWWCerrter Phone: 952227.1125 The proposed driveway width is necessary to accommodate the turning movements of a Fax: 952.227.1110 passenger vehicle entering the garage. Web she RECOMMENDATION www.d d nhassen.mn.us Engineering recommends approval of a 6'/rfoot front yard setback from the edge of Red Cedar Point Road and the one foot side yard setback on the west side. GAENG\Vxriances0625 Red Cedar Point Road.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 0 MEMORANDUM TO: Angie Kairies, Planner I FROM: Jerritt Mohn, Building Official DATE: September 9, 2009 0 SUBJ: Review of request for variances related to proposed design of a new single-family home located at 3625 Red Cedar Point Road. Planning Case: 09-15 I have reviewed the above request for variances. The following conditions would be required: 1. A building permit is required. 2. Any portion of the structure less than five (5) feet from a property line must be of one-hour fire -resistive construction. GAPLAN\2009 Planning Ca \09-15 Mding Variance - 3625 Red Cedar Point\buildingofficialcommeras.doc • City of Chanhassen • 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 01 OF (952) 227-1100 Date: September 9, 2009 Review Response Deadline: September 25, 2009 To: Development Plan Referral Agencies From: Planning Department By: Angie Kairies, Planner I Subject: Request for Variances to construct a home on property zoned Single Family Residential (RSF) located at 3625 Red Cedar Point Road (Lot 11, Block 4, Red Cedar Point Lake Minnewashta). Applicant: BayCliff Homes Planning Case: 09-15 PID: 25-6600330 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on September 3, 2009. The 60 -day review period ends November 2, 2009. In order for us to provide a complete analysis of issues for Planning Conunission 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 October 6, 2009 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than September 25, 2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources — Jack Gleason 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. 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 Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco PID# 256600330 as 4 N x440". N�aRe,r Ce Rom �/ rewiaRRae. h .Awes lakes Cdar 7001 Map Created: 9-9-2009 Parcel information Property Addran: Ta�ayer Iutormalbn: Z 3625 RED CEDAR POINT RD B S ANDRVG EXCELSIOR, MN 3618 RED CEDAR PT EXCELSIOR, MN 55331 Parcel Properties GLS Aces: 0.16402592 Romestand: N Schaal District: 0276 Parcel Location Section: 08 Plat Wormatko: Township: 116 RED CEDAR POINT LK MINNEWASBTA Range: 023 Lot -011 Block -004 Payable Year 20,10 Sale Information Last Sak NOT ON FILE EsL Market Value Laad: $303000 EsL Market Value Building: SO Est Market Value Total: $303000 GLS DISCLAIMER: This map was created using Carver County s Geographic Information Systems (GIS), it is a compilation . from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein. PLEASE PI Applicant Phone Email: 0 4�> r �lanning Case No. (p- / � CITY OF CHANHASSEN sff'Y<WOHANHASSEp 7700 Market Boulevard — P.O. Box 147 F "EIVED Chanhassen, MN 55317 — (952) 227-1100 SEP 0 3 $009 DEVELOPMENT REVIEW APPLICATIOW'""""S-�ENP M and Address: Owen/err Name and Address: -J ] T !fl'DiNb nDrt 5 to 3(91 •� Cf DAA t Phone: 15-� — 47Y-525.3 Fax: . Email: oan&.,w (d Mn-,.4ler ne( 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) Non -conforming 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) X 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/SPRNACNARNVAP/Metes & Bounds - $450 Minor SUB v TOTAL FEE $q6D C" rclnadditional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant r to the public hearing.ixteen16) full-size folded copies of4he plans must be submitted, including an 81/:" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **E_co�4wili6irr�Ulred for other applications through the development contract. `Buildin t almust be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. 0 0 PROJECT NAME: {� /MC0 Flety( 11Ca LOCATION: )ZT Red I�UGIX f✓ t n LEGAL DESCRIPTION AN PID: f IO if 2 J k4CO-3� UT 11 �n�. 2et5 /0� o Co Iz Iz S f TOTAL ACREAGE: 1 64o qq Z oft to q--70 5,:F. WETLANDS PRESENT: (� L YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: ✓ REASON FOR REQUEST: S-P.P, 41 Ttrtclkl FOR SITE P' "NREVIE ^' include number of existing m9 emPtYees: and new employees eesrr 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 (his 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 1 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 udy. The documents and information I have submitted are true and correct to the best of m_v knowle e T Signatur p licant I Date Signature of Fe ner Date GAPLAMFoonsWevelopment Review Application.DOC Rev. 1/08 0 BayCiff Homes architecture: design : build Date: 9/3/09 Project Location: Betsy Anding 3625 Red Cedar Point Chanhassen, MN. 55331 G.C.#20454492 a. All properties within 500 feet of 3625 Red Cedar Point contain single family homes. The reasonable use of 3625 Red Cedar Point is for a single family home. The zoning requirements of RSF for construction of a single family home cannot be met without a variance. The proposed home will blend in with the existing homes in the neighborhood and the requested variances are consistent with preexisting standards in the neighborhood. b. The lot is zoned RSF. This lot does not meet the required size of an RSF lot„ thus the following variances are requested. Per Section 20-615 our proposed design does not meet the front yard setback of 30', we request to have 6.3'. The side yard setback is 10', we request (on the east side) 5' at foundation and 3'-6" at cave. Hardcover is to be 25%, we have 618SF drive, 1710SF home, 284SF street, 63SF shed and 44SF steps. The lot is 6770s£ So 2719SF total is 40%. Per Section 20-905 a two stall garage is required, we have proposed a one stall garage. The lake setback is 75', we request to be at 58', which aligns with the adjacent neighbors. We also want a 1'-0" setback on the west side yard for the driveway. C. The purpose of the variance is not based upon a desire to increase the value or income potential of the parcel of land. The purpose of the variance is for me - the lot owner, to have a home on the lake that my family has lived on for three and four generations. My maternal grandparents purchased the property located at 3618 Red Cedar Point in 1955 which property has now passed to my mother and aunt. My matemal grandparents purchased the property at 3625 Red Cedar Point in 1968 which land has now passed to me- the lot owner. My paternal great grandparents previously owned the property located at 3631 South Cedar Drive. The property at 3631 South Cedar Drive was 17809 Hutchins Dr. Suite 100 Minnetonka, MN 55345 Phone (952) 401-8830 Fax (952) 401-8100 BayCliff Homes architecture : design : build G.C.#20454492 purchased by my paternal great grandparents in 1914 and they built the first house on Red Cedar Point. The 3631 South Cedar Drive property passed down through the generations and was sold out of the family in 2005 by necessity when my father was diagnosed with dementia. I continue to have relatives on my father's side who live within close proximity on lake Minnewashta. I have lived in my family's home at 3618 Red Cedar Point for roughly the last 15 years, which property will soon be occupied by my mother and aunt. I want to build a house on my land so that I can both continue our families legacy and live in a place that I consider home. d. The hardship is not a self created hardship. The lot size was determined by a governmental agency. Originally, 3625 Red Cedar Point consisted exclusively of Lot 11 which is a forty (40) foot lot. At the time my maternal grandmother purchased the property in 1968 she purchased an additional ten feet of Lot 12 to increase the width of 3625 Red Cedar Point to 50 feet. The lot is a pre-existing nonconforming lot of record. e. Granting the variance will not be detrimental to the public welfare nor will it be injurious to other land or improvements in the neighborhood. It is my desire to build a home that matches in size and scale to the existing homes in the neighborhood and that is a "green" project. I would imagine that developing the property will result in an increased taxable market value and higher property taxes which will ultimately benefit the public. L The proposed variance will not impair the adequate supply of light or air to the adjacent property. The proposed home is in line with where the neighbors on either side and beyond sit with respect to the lake and does not jut out in front of the adjacent residences. The proposed variance will not increase the congestion of the public streets as I have already lived in the neighborhood for approximately 15 years. I do not believe the proposed home increases the danger of fire or endangers the public safety. I believe that the planned home will actually add to the value of the properties in the neighborhood and will in no way, substantially or otherwise, diminish or impair property values. 17809 Hutchins Dr. Suite 100 Minnetonka, MN 55345 Phone (952) 401-8830 Fax (952) 401-8100 BayCliff Homes architecture : design : build Written description of variance request: G.C.#20454492 Due to the age of the platted land, lot size, lot configuration and street location in relation to the property lines our proposed modest home does not meet the standards of today. In addition, if we were to have no variances, a two stall garage 22'x22' covers over 50% of the building envelope, thus leaving unusable space proportions for any type of home, other than a tower over the garage. This would not fit the neighborhood characteristics. We respectively request the following: 1) We are asking for a front yard setback of 6.5' from the street. 2) West side: A side yard driveway set back of 1'-0" 3) East side: A side yard setback of 5' from the foundation and 3'-6" from the eave. 4) A lake setback equal to the adjacent neighbors (east /west) of 58' roughly. 5) A one stall garage, not the required two stall. 6) A hardcover of 40% not the required 25%. Please note the street area is included and the relocation of an existing garden shed. In addition we are planning to build to the standards of a "Greenstar Home", this new house will continue to benefit both the local neighborhood and greater metro area during construction and long after completion. 17809 Hutchins Dr. Suite 100 Minnetonka, MN 55345 Phone (952) 401-8830 Fax (952) 401-8100 I • • • ADVANCE SURVEYING & ENGINEERING CO. 5300 & Hwy. No. 101 Minrsetonka MN 55345 From (612) 474 7964 Fu (612) 474 8267 SURVEYFOR: DAYCLIFF HOMES, LLC SURVEYED: August, 2009 DRAFTED: August 18, 2009 REVISED: Septemla 2, 2009 to show proposed home and minted imgwanent. hardcovm. LEGAL DESCRIPTION. La 11 and the East 10 feet of Lot 12, Block 4, Rd Codes Point Lake Mirmewasho, Cover County, Minxsuu LIMITATIONS & NOTES I Showing the :Mgth and direction of boundary lines of the above legal description. The scope of our servicesdoesnot include determining what you own, which is a legal manes Please chock the legal dew6p0on with your records or mnwlt with competent le al m nwi, if neaa , to make wm iha it is en shown and that any manes of rewr4 such as easements, then you wish shown on the survey, have 2 S show 2. Scuing new location is orating imp old m nu we deem a important. 3. Setting new monuments he versite a select monuments mmark give duewin comas on the propertytoca,, 4.. The elg elevationshown the site at to th ed ncations to give some indication of the myography ofthe site. The elevations shown reline only to the benchmark provided hj this survey. Use tlut brn use on t and check m least one aha f more shown m the map when daesmining mher clevmions for utt on this site. STANDARD SYMBOLS & CONVENTIONS: •I' Denotes Ia- ID pipe with plastic p ug beating Stme License Number 9235, suL unless otherwise note. CERTIFICATION. 1 hereby certify that this plan, specification, repot or survey was; prepare by me or under my direct supervision and thin 1 an a licensed Professional EagiMa and Professional Sury or under the laws of the Stme of Minnesota mn H_ Parka P.E. & P.S. No. 9235 L-- RFQ rF.^.tR x: — — — — a --ies,* as HARDCOVER _� HWSE 1,]10 SQ. FP. 1 aR arm DRIVEWAY 618 SQ. FT. GRAPHIC SCAM I 1 — —res; STEPS 44 SQ. Ff. 1 ,moo,,: SHED 63 SQ. FT. 1 STREET 284 SQ. FT. 1 1 TOTAL HARDCOVER 2,719 SQ. M.— 10a, —aya, LOT AREA TD OW 6,770 SQ. FT. 1 I '� HARDCOVER 2 40.161 1 /L I 1 / Y I 1 =t 1 v' DW LMG , ,,NN6NASNrA o,1 W. 6raws :t - ;e 1 ?--- GRAPHIC SCAM I 1 — —res; mar sN•p �s 1 IN rear) ZOO MAT , ,,NN6NASNrA o,1 W. 6raws �Eo CFDA-Q- fb ntiT" n 0 2 0 0 W-_ pl�,A I I I I I I I I I I I I I I I I I I I I 1 I I I I 1 GARAGE I i. ENTRY BATH LAUNORVRAUD RM I � 9S'RTJ' 1'-t D -v N' 1C-11'aT�' A I � L mr BETSY ANDING PORCH 3625 RED CEDAR POINT FIRST FLOOR SK -3 BAYCLIFF HOMES, LLC C er r -r 9/3/09 SCALE 1/8"=1'-0" • BETSY ANDING 3625 RED CEDAR POINT SECOND LEVEL SK -3 BAYCLIFF HOMES, LLC C 9/3/09 SCALE 1/8"=1'-0" a -'I I 1 I I I r I I I I I 1 I I I I I I I I I I I I I I I I I I ��� SCANNED j�K �LeV"0i gc �} 713lo--f 36Z�- AeO cEW-- Pairjr SOMI+ ELriaVrkT90N B cFF 3625, Rz0 cF�OAR- JoIU 0 0 N oc • La W -U U -S S U tttNlem lacesandtrdnalerwllPletkCd' valu,l () Filecl(� M�4uK fL Atxiia Deputy uocumtent no. • A477713 COUNTY RECORDER CARVOITY, MINNESOTA Fee:$ 46.00 Check#: 5577 4717713 111011111 10:30 AM6PM an n, JrCqot,� . R def JIT CLAIM DEED Form No. 27-M Minnesota Uniform dividual(s) to Individuals) Crop 3 Imtm R sued for Recording Data) Conveyancing Blanks (1/15/97) 3ID TAX DUE: $ 1.6I rte: 12 ) �t o -'+- )R VALUABLE CONSIDERATION, Deborah S Lockharta single person and Diane Leeson Anding a single person , Grantor(s), (marital status) reby convey(s) and quitclaim(s) to Betsy S Anding Grantee(s), il property in Carver County, Minnesota, described as follows: I of Lot 11, Block 4 and the East Ten (10') Feet of Lot 12, Block 4, all in Red Cedar Point, Lake Minnewashta ie consideration for this transfer is less than $500.00. ;ether with all hereditaments and appurtenances. neck box if applicable: The Setter certifies that the Seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure �rtifrlcate. {. Deed Tax of ; /- (0 -s' 7ro1, ./-h U(J KX.4 v paid on ( --)S'O8 (Date) Deborah S. Lockhart Conservatirm Foe Paid Affix Deed Tar jyW ,%,M, PATE OF MINNESOTA OUNTY OF aL* This instrument was acknowledged before me on S. Lockhart and Diane Leeson 40TARIAL STAMP OR a• OTHER ITILE OR . N. FACKLAM E1 Nall MWOMEXIMI �. , by Granwr(s). ;c,.,,,,.., • 111■11111'WR#Ir ." AT CLAIM DEED Form No. 27-M Minnesota Uniform B_vidual(s) to Individual(s) (Top 3 Inches Reserved for Recording Data) Conveyancing Blanks (1/15/97) .ED TAX DUE: $ 1.&T, te: tL 1 311 O -h- IR VALUABLE CONSIDERATION, , Grantor(s), (marital status) eby convey(s) and quitclaim(s) to Betsy S Anding Grantee(s), d property in County, Minnesota, described as follows: I of Lot 11, Block 4 and the East Ten (1(Y) Feet of Lot 12, Block 4, all in Red Cedar Point, Lake Minnewashta ie consideration for this transfer is less than $500.00. ,ether with all hereditaments and appurtenances. Teck box if applicable: The Seller certifies that the Seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure ruficate. Deed Tax of $ �- wsou'rlibITK1X/ 1 ^'- paid ' -paid on ,L�?'08 (Date) Deborah S. Lockhart Conservation Foe Paid Affix Deed TaxOsWO,jS4 Auddor Diane Leeson Anding U FATE OF MINNESOTA DUNTY OF a This instrument was acknowledged before me on %3l and , by )eborah S Lockhart and Diane Leeson Anding - - Grantor(s). N. FACKLAM • 1 OF •t OR OMER OFFICIAL r I 1 Chock here if pan or all of the Land is Registered (Torrens) 11 Tax Sm"mots for die real property described in this instrument should be sent to (include name and address of Grantee): Betsy S. Anding 3618 Red Cedar Point Excelsior, Minnesota 55331 • 0 ANDING VARIANCE - PLANNING CASE 09-15 $200 Variance $200 Notification Sign $50 Recording Escrow $450 TOTAL $450 Less Check No. 2312 from Baycliff Homes, LLC $0 BALANCE DUE CITY OF CHANHASSEN • • P O BOX 147 CHANHASSEN MN 55317 09/04/2009 8:58 AM Receipt No. 0108343 CLERK: katie PAYEE: Baycliff Homes, LLC Anding Variance - PC 09-15 ------------------------------------------------------- Use & Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 Total Cash Check 2312 Change 450.00 0.00 450.00 0.00 CITY OF CHANHASSEN • • P O BOX 147 CHANHASSEN MN 55317 09/29/2009 10:47 AM Receipt No. 0111149 CLERK: bethany PAYEE: Baycliff Homes, LLC 17809 Hutchins Dr. Ste 100 Minnetonka MN 55345 Planning Case 09-15 ------------------------------------------------------- GIS List 84.00 Total 84.00 Cash 0.00 Check 2332 84.00 Change owl, SCANNED 0 0 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 MYOF (952) 227-1100 CHI To: Mr. Bill Worms BayCliff Homes 17809 Hutchins Drive, Suite 100 Minnetonka, MN 55345 Invoice SALESPERSON DATE TERMS KTM 9/24/09 upon receipt 28 Property Owners List within 500' of 3625 Red Cedar Point Road (28 labels) TOTAL DUE $3.00 1 $84.00 $84.00 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 October 6, 2009. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #09-15. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! 0 0 Anding Variance Request Public Hearing Notification Area (500+ feet) Planning Case 09-15 Affidavit of Publication Southwest Newspapers JYMME J. BARK NOTARY PUBLIC - MINNESOTA No blit My Commission Expires 01/31/2013 RATE INFORMATION Lowest classified tate 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 .............................................. $12.43 per column inch SCANNED State of Minnesota) CITY OF CHANHASSEN CARVER & HENNEPIN )S'S. COUNTIES NOTICE OF PUBLIC HEARING County of Carver ) PLANNING CASE NO. 09-15 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearingonTuesday, October6,2D09, Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized atT.00p.m. in theCouncilChambers agent of the publisher of the newspapers (mown as the Chaska Herald and the Chanhassen Vil- in Chanhassen City Hall, 7700 lager and has full knowledge of the facts herein stated as follows: Market Blvd. The purpose of this hearing is to consider a request for Variances to construct home (A) These newspapers have complied with the requirements constituting qualification as a legal property zoned Single -Faintly l ly new as provided Minnesota Statute 331A.02, 331A.07, and other applicable laws, as Pm Residential (RSF) located at 3625 Red amended. Cedar Point Road (Lot 11, Block 4, Red Cedar Point Lake (B) The printed public notice that is attached to this Affidavit and identified as No. Mumewashta). Applicant: BayCliff was published on the date or dates and in the newspaper stated in the attached Notice and said Homes A plan showing the location of the Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of proposal is available for public the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both review on the City's web site at inclusive, and is hereby acknowledged as being the kind and size of used in the composition Y 8 8 type Pce www.ci,chanhas&m.mn.us/serv/ and publication of the Notice: plan/D9-151tml or at City Hall during regular business hours. abcdefghbklmnopgrstuvwx ! . All interested persons are invited to attend this publictg and express their opinionss with respect to this proposal. Angie Kairies, Planner I y. L aurie A. Hartmann Email: 4airi A i. hanha n n i Phone: 952-227-1132 Subscribed and swom before me on (Published in the Chanhassen Villager on Thursday, September 14, 2009; No. 4249) thisj2?�day 2009 of JYMME J. BARK NOTARY PUBLIC - MINNESOTA No blit My Commission Expires 01/31/2013 RATE INFORMATION Lowest classified tate 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 .............................................. $12.43 per column inch SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 09-15 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, October 6, 2009, 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 Variances to construct a home on property zoned Single -Family Residential (RSF) located at 3625 Red Cedar Point Road (Lot 11, Block 4, Red Cedar Point Lake Minnewashta). Applicant: BayCliff Homes 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/sere/plan/09-15.htm1 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 Kairies, Planner I Email: akairies@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on September 24, 2009) 09- IS SCANNED 0 0 0 0 ADVANCE SURVEYING & ENGINEERING CO. 53M S. Hwy. No101Minaetooka, MN 55345 Phone(612)4747964 Fair (612) 4748267 SURVEYFOR: BAYCLIFF HOMESr LLC SURVEYED: August, 2009 DRAFTED: August 18, 2009 REVISED: September 2, 2009 to show pmpoxd home and relined improvemml hardcover. LEGAL DESCRIPTION' Lot 1 I and the Son 10 felt of Lot 12, Black 4, Red Cedar Point Lake Mourawashta Carve County, Minnesota LIMITATIONS & NOTES. 1. wingthelmgthan directionofbouadarylinesoftheabovelegaldesmption. Themmpeofour services does not include dweemong what you own, which is a legal manor. Pleme check the legal description with your records or consult with competent legal counsel, if necessary, to make sure the it is correct, and that any manes of record such as easements, thin you wish shown on the survey, have been shown. 2. Showing the location ofexising improvemmtswe deemed important. 3. Swing new monuments or verifying old monuments to mark the comers of the property. 4. Showing elevations on the site at selected locations to &s'e some mclum on of flue topography of the site. The elevanans shown relate only to the b chmark provided on this suney. Use that benchmark and check at least one other feature shown an the map when determining other elevations for use on this site. STANDARD SYMBOLS & CONVENTIONS' Dmotm I2 10 pipe with Plane plug twong State License Number 9235, see unless otherwise owed CERTIFICATION. 1 hereby unify the this plan, specification, rayon or survey was prepared by me or under my direct supervision and that I am a licensed! Professional Engincer and Professional SuLrv1ey/or/�u�n�der the laws of the Swe of Minnesota. �iL01u 17 l T �%y�. son H. Parker P.E. & P.S. No.9235 1 At 5 —�aeS = HARDCOVER HOOSE 1,710 SQ- PT. e'ar•+sss�� I i I I DRIVEHAY 618 SQ. FT. I I _�a--- STEPS 44 SQ. PI. SHED 63 SQ. ET. 1 STREET 284 SQ. PI. TOTAL HARDCOVER 2,719 SQ. PI. LOT AREA TO OHR 6,770 SQ. P7. HARDCOVER It 40.161 /L GRAPHIC SCALE ID a t0 20 W (ems) --i-�ROPosm m� [ OWELLMO i lag —._%rte• �� P Malar • i •��P Jt Ir'r9 X/NNBMASHTA DA"G N0. 090259 1 At 1 = ' I I I I I I _�a--- --i-�ROPosm m� [ OWELLMO i lag —._%rte• �� P Malar • i •��P Jt Ir'r9 X/NNBMASHTA DA"G N0. 090259