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CAS-15_MOORE VARIANCE REQUEST - 960 CARVER BEACH ROAD0 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. a 0 0 Document No. OFFICE OF THE T 189910 REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Receipt # Certified Recorded on September 04, 2013 11:00 AM 189910 cert. # 26111 Fee: $46.00 II II I VIII I IIII I III RMark egistrarof Titles CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2013-15 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approves Planning Case #2013-15 for a 5.8 percent hardcover variance (total site coverage of 30.8 percent) to permit the construction of a single-family home on property zoned Single -Family Residential District. 2. Pro e . The variance is for property situated in the Cityof Chanhassen, Carver County, Minnesota, and legally described as Lots 998, 999 and 1000, Carver Beach. 3. Condition. The variance approval is subject to the following conditions: a. The builder shall provide a tree survey as part of the building permit process. The builder shall try to preserve the trees at the perimeter of the property. b. The building shall be limited to the split level or two-story house design. c. The builder shall apply for a building permit and meet all requirements of said permit. 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: August 12, 2013 SCANNED (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSSEN�}— c 4Tf ho�nmas A. Furlong, Mayor \ AND: X�'A3j t.., J Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this 411-1y of 2013 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City oVChanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. , ,/ (-7 TARY(PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 :ta' J. ENGELHARDTPublic-MinnesotaMkm Expires Jen 31,2015 2 CAMPBELL KNUTSON Professional Association OIfiYRECE....E EN SEP 3 0 2013 13 -I's Thomas J. Campbell September 26, 2013 CHANHASSEN PUNNING DEPT Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Ms. Kim Mcuwissen Soren M. Mattick City of Chanhassen John F. Kelly 7700 Market Boulevard Henry A. Schaeffer, 111 P.O. Box 147 Alina Schwartz Samuel J. Edmunds Chanhassen, Minnesota 55317 Marguerite M. McCarro. Re: Chanhassen — Miscellaneous Recording Dear Kim: Pursuant to your letter of August 26, 2013, enclosed herewith for your files is the original recorded Variance 2013-15. Please note that this Variance was recorded with the Carver County Registrar of Titles on September 4, 2013, as Document No. T189910. If you have any questions regarding the above, please give me a call. Very truly yours, CAMPBELL KNUTSON Professional Association By: Carole J. Hoeft cjh Legal Assistant Enclosure 1380 Corporate Center Cur CITY OF CHANHASSEN RECEIVED Suite 317 • Eagan, MN 551.. 651-452-5000 Sb, .- i � J13 Fax 651-452-5550 www.ck-law.com CHANHASSEN PLANNINGOEPT SCANNED w • CITY OF CHANHASSEN 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 TRANSMITTAL DATE JOB NO. 8/26/13 2013-15 ATTENTION Carole Hoeft RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 8/12/13 13-15 Variance 2013-15 960 Carver Beach Road ❑ FOR BIDS DUE For Recording ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS COPY TO: David Moore Anita Benson ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints SIGNE Kim Meu ssen,(952)227-1107 If enclosures are not as noted, kindly notify us at once. SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2013-15 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approves Planning Case #2013-15 for a 5.8 percent hardcover variance (total site coverage of 30.8 percent) to permit the construction of a single-family home on property zoned Single -Family Residential District. 2. Pro e . The variance is for property situated in the Cityof Chanhassen, Carver County, Minnesota, and legally described as Lots 998, 999 and 1000, Carver Beach. 3. Condition. The variance approval is subject to the following conditions: a. The builder shall provide a tree survey as part of the building permit process. The builder shall try to preserve the trees at the perimeter of the property. b. The building shall be limited to the split level or two-story house design. c. The builder shall apply for a building permit and meet all requirements of said permit. 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: August 12, 2013 CITY OF CHANHASSEN BY7 (SEAL) 4TThomas A. Furlong, Mayor AND: /rOA3jj� Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this At Sly of 2013 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. (JITARY4UBLIC ED BY: K AREN J.€CHAR.. Chanhassen Minnesotaarket Boulevard JWN y.I. Expires Jan 31, 2015 DRAFT City of 7700 M P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.2271190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 0 August 13, 2013 Mr. David Moore 2655 West 78' Street Chanhassen, MN 55317 Re: 960 Carver Beach Road Hardcover Variance - Planning Case #2013-15 Dear Mr. Moore: On August 12, 2013, the Chanhassen City Council approved a 5.8 percent hardcover variance (total site coverage of 30.8 percent) to permit the construction of a single- family home subject to the following conditions: 1. The builder shall provide a tree survey as part of the building permit process. The builder shall try to preserve the trees at the perimeter of the property. 2. The building shall be limited to the split level or two-story house design. 3. The builder shall apply for a building permit and meet all requirements of said permit. The City will record the variance on the property with Carver County. The variance is valid for one year from the approval date. A building/zoning permit must be applied for prior to August 12, 2014 through the City's Building Department or the variance becomes void. If you have any questions, please contact me at 952-227-1131 or by email at bgenerous(a,ci.chanhassen.mn.us. Sincerely, -��,/, Robert Generous, AICP Senior Planner ec: Jerry Mohn, Building Official c: Anita Benson 43179 80`h Street Janesville, MN 56048-1304 Building Permit File — 960 Carver Beach Road giptan\2013 planning cases\2013-15 960 carves beach mad variam6appmval letter.doc Chanhassen is a Community for Life - Providing for Today and Planning forTomorrow SCANNED 0 /3-I 5 Chanhassen City Council — August 12, 2013 All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. 960 CARVER BEACH ROAD, APPLICANT: DAVID D. MOORE, INC./OWNER: ANITA BENSON: REOUEST FOR A VARIANCE FROM SECTION 20-615 OF THE CHANHASSEN CITY CODE TO CONSTRUCT A SINGLE FAMILY HOME. Kate Aanenson: Thank you Mayor, members of the City Council. This request is for a variance on a lot at 960 Carver Beach Road. Applicant's David Moore, representing the property owner Anita Benson. The variance from the Section 20-615 of the Chanhassen City Code to construct a single home. There's 1,888 square feet of living area and a two car garage and a 5% hard cover variance for the 25%. Again there is a minimum standard for a home size in the city of Chanhassen depending on the type. The location is Carver Beach. Carver Beach Road. It's a combination of 3 lots. So the non -conforming lots of record. There's no variance required to construct a detached single family dwelling on a non- conforming lot of record, excluding platted lots and outlots provided that it fronts on a public street or approved private street and provided that the structure meets the minimum requirements. So the requirement that this home does not meet is the impervious surface requirement. As I stated before, this Carver Beach, this is the original plat for the Carver Beach area. It includes 3 lots. So those 3 lots are 20 feet wide, 100 feet deep for the total of the 6,000 square feet. Again a standard lot would be RSF would be 15,000. Some of the subdivisions that we've been approving recently, and some you'll see tonight are at the 10,000 square foot lot size. So again the, it's zoned RSF. Minimum lot size of the 15,000. The setbacks, 30 in the front, 30 in the rear and 10 on the side which it meets. This lot meets all that. The one deficiency then would be the hard surface coverage, the 25%. This then would be at the 30%. So here's how the house sits on the lot meeting the setbacks again just except for the 30% hard surface coverage. So again the optimum house design for this would be, and this was something that was brought up in the neighborhood before about keeping a lower profile. I think at one previous attempt that did go through, it's in the staff report for a variance request. There was desire in the neighborhood to have a rambler and it was also brought up at the Planning Commission too that they would like to see a rambler but really the optimum for this size of a lot would have been a two story because that would reduce your hard surface coverage but in working, trying to meet the setbacks and get a reasonable sized house for the neighborhood, this was the direction the applicant went with the coverage as proposed. Again the staff believes it's well suited home style for that area and believe it's consistent with the ordinance. One of the questions that came up at the Planning Commission meeting was that, you know there was never any service ties to this lot. Any stub services to this lot, therefore it was never intended to be built but throughout the city and I just focused on a couple in Carver Beach so people can split off part of their lot and some of it with another lot. Combine certain, to make an actual buildable lot and there is the example on 1661 63d Street. An example where there's not a tie put in and the owner of that lot had to provide the sewer and water tie in as there was on Broken Arrow so it does happen in the city. Not every lot as it's platted comes in, particularly in this area, but there's some other older parts of town too but I just focused on two that were in Carver Beach. So with that when this item did go to the Planning Commission on July 10" they did recommend support for the variance. The reason why this is before you tonight is the neighbors filed the petition to appeal the recommendation so that is why it is before you tonight so with that staff is recommending that you approve the 5% hard cover and I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Ms. Aanenson, could you go back to the ordinance that you had at the beginning of your presentation regarding nonconforming lots. What constitutes or what creates, what meets the condition that would be a non -conforming lot of record. 4 SCANNED 0 It Chanhassen City Council — August 12, 2013 • Kate Aanenson: Well back when these lots were created they were the 20 by 100 feet. The city ordinance now is 15,000 square feet so there's all different types of assembling of those lots so if those 3 together only makes 6,000 square feet. Because it is a lot of record you are, we try to give them the reasonable use of that lot so we think that home size is reasonable for considering the area. It does meet all the setbacks so, within that, you know it could be somebody that had a house that was already in existence and had been tom down over time and that the standard had changed. Again this is the older part of town. That's where most of the non -conforming lots of record be, which would be also up on maybe Lake Minnewashta. Some of those older, smaller lots up there and then the Carver Beach area probably the most of them. Mayor Furlong: So it's not unusual to have non -conforming lots. Kate Aanenson: That's correct. Mayor Furlong:. In the city. Kate Aanenson: Correct. Mayor Furlong: Okay. Ahight. Councilman Laufenburger. Mr. Mayor? Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger. Kate, so the variance specifically is 70 square feet of hard coverage more than would be allowable, is that right? Kate Aanenson: Correct. Councilman Laufenburger: Are there any lots or any, yeah any lots in and around this area where the hard surface exceeds 25%, do you know? Kate Aanenson: There may be. We didn't go through that. We did put some other variances in the area but we have granted variance for hard cover in the area. Councilman Laufenburger: Okay. Kate Aanenson: There's ways we could have accommodated too. You could have pulled the house closer to the street. Shorten up the driveway but when you have a smaller lot to begin with, it does provide additional guest parking and the like so there's other ways to, to give it, you still have to give some sort of a variance. Councilman Laufenburger: But in fact if you had moved the house then we would have had to have setback variances. Kate Aanenson: That's correct. Councilman Laufenburger: Okay. Thank you Kate. Mayor Furlong: You just made the comment there would have had to been some sort of variance. If 0 • Chanhassen City Council — August 12, 2013 Kate Aanenson: Right. Mayor Furlong: Is it not physically possible? Kate Aanenson: No, I think if you would have done a two story house and kept the footprint smaller there may have been a way to do that but there was a lot of pressure from the last time this came through from the neighborhood that they didn't want to see a two story house and that the Minutes that were at the Planning Commission meeting, there was still concern about the height of this house. There is a two story across the street but some felt that that was not in character with the neighborhood so I think this type of development, this application tried to incorporate more of a split entry design. Mayor Furlong: So is this house, would this house as it's proposed be shorter? Have a lower... Kate Aanenson: Yes. Than a true two story correct. Mayor Furlong: Than a two story, okay. Thank you. Councilwoman Tjornhom. Councilwoman Tjomhom: What are some disadvantages do you think for granting this variance as far as water flow goes and drainage and situations with the other neighbor's properties? Kate Aanenson: I don't think there'd be a problem with that. I can see if the City Engineer wants to comment on any concerns that he may see. Paul Oehme: Ms. Aanenson, Mayor, council members. Carver Beach, we are looking at making improvements to Carver Beach in the next couple years. There are some areas where we do have stormwater deficiencies that we're going to be addressing in several years. This particular area the stormwater capacity seems acceptable for the time being with the small impervious coverage surface above the recommended or the amount that's in the ordinance. I don't see a problem right now with moving forward with this variance. Councilwoman Tjomhom: Thank you. Mayor Furlong: Other questions? Councilwoman Ernst. Councilwoman Ernst: So Kate I had the opportunity to talk with some of the neighbors during National Night Out and one of the comments that actually was presented to me was that at one time the neighbors asked if that property was buildable and they were told no so can you, do you have any information regarding that? Was there a time when that property was not buildable or? Kate Aanenson: That was also brought up at the Planning Commission meeting. Not to our knowledge that that we would have said something like that through the planning department. Without it being a wetland or anything on that, I don't know why that would have been communicated so. Councilwoman Ernst: Then the other question that came up is, some of the neighbors had wanted to buy that property and they were told that they, and I don't remember the reasons exactly why but they were told that they could not buy that property and I don't know if that was a point, I can't even tell you who owned it at that time but would there be a possibility that. Kate Aanenson: No, we wouldn't be involved in any decision there if someone wanted to buy a piece of property and attach it to their lot. That's, they'd just go down and record it with the County. We wouldn't have to you know, if someone's taking a part of their property and splitting it off or adding to Chanhassen City Council — August 12, 2013 • another one, then we'd do an administrative subdivision but they're adding a piece, if it was a lot of record, that happens over time throughout the city so. Councilwoman Ernst: And then reading from some of the notes in the packet, and I think the year was like around 1999 where a variance was passed. Kate Aanenson: That's correct. Councilwoman Ernst: Was approved for a 36% impervious. Kate Aanenson: Right. Councilwoman Ernst: And that has always been the case but then there was, that was only allowed for a certain number of years. Kate Aanenson: What the law is, if you don't, our ordinance says if you don't use a variance within one year it becomes null and void so it was granted with a higher percentage of hard cover. I mean the 36% but after one year it expired so the applicant is now choosing now to go forward with it. Councilwoman Ernst: And asking for the 30 rather than the. Kate Aanenson: Correct. Councilwoman Ernst: Because they can't get the 36% now but. Kate Aanenson: Well they could ask again for that same number but you know we try to encourage them to try to minimize it as much as possible. Councilwoman Ernst: Because I think they were asking for 33%. Kate Aanenson: Well the bard they got, yeah they actually got more. A greater variance last time so they're asking for less, yeah. Councilwoman Ernst: Right. Okay. Kate Aanenson: So the reason it didn't go through is again it expired after one year. Councilwoman Ernst: Thank you. Mayor Furlong: Okay, any other questions of staff at this time? Mr. McDonald. Councilman McDonald: Yeah I've got one question. When this plan was brought to you and everything, did you talk to the builder about what it would take to actually put a house on that property that would require no variances? Kate Aanenson: Yes. I mean we talked about the two story home, which I indicated. I think he can talk about that a little bit more too. Councilman McDonald: Okay, so the choices are we could have gone to a two story home that would have then put something in the neighborhood that's not typically there or you go to a lesser sized home 0 0 Chanhassen City Council — August 12, 2013 with a smaller bedroom, or maybe with just one bedroom and that would fit but what they're wanting to do, that's why they need a variance. Kate Aanenson: Yeah, again I think we were trying hard to fit into the neighborhood. Trying to you know not go the full two stories. Minimize, so we're coming in less than what was approved before so that was our goal to try to work within that framework. Councilman McDonald: Okay, thank you. Mayor Furlong: Any other questions for staff at this time? At this point I'd like to invite the people that initiated the appeal from the Planning Commission. Again the Planning Commission approved the variance request. This is on appeal by residents Wally and Cheryl Schwab, Robert and Doris Nelson and Keith and Julie Peterson so I would certainly invite each of them or their representative to come up. They mentioned in their letter disagreements with the variance because of Findings that were brought forth by the staff report and so, Planning Commission so good evening. If you could state your name and address for the record. Keith Peterson: My name is Keith Peterson. I live at 921 Hiawatha Drive in Chanhassen. Mayor Furlong: Thank you. Keith Peterson: The reason I guess our neighborhood kind of got fired up about this is multiple numbers of us called in to the City and they told us this lot was not buildable when it came up for sale and so Wally, Bob and I were going to buy it and then we were going to divide up our property so each one of our lots would be bigger and actually I think they all might have reached the 15,000 square feet. And so while we were getting our finances together and whatever gonna you know buy this lot, we found out it got sold by somebody that worked at the City and all of a sudden it was buildable. So how many of you would like to buy a lot in Chanhassen for $4,200? That's buildable. I think everybody would. And that's what this lot originally sold for and so, and Anita Benson who has never been to one of her own meetings bought the lot. I think she was a city engineer at that time and so the next thing we know it was buildable so you know we fought it last time. We won at that Planning Commission and then the City Council approved, basically they approved on a house that nobody wanted to build just to kind of keep everybody, us happy and not get sued by her. We're not even sure but now it came up again and my beef and all of us, our beef is Anita Benson bought this property for $4,200. The next time we find out about anything she's trying to sell it for $27,500. Never mowed it once. Didn't do anything. She hasn't even mowed it in 12 years. It's just a jungle right now. And the way we look at it, one of the regular stipulations is the purpose of this variation is not based upon the desire to increase the value or income potential of this parcel of land. That's where we're coming from and by her buying this, never building a house herself to live in and actually she wrote a letter to the Planning Commission. I don't know if you have a copy of that, stating that in January, 1999 I developed building plans. Applied and received necessary variances to build on this property and it wasn't 1999. It was 2001 when it was approved and it wasn't here that got it approved. It was, she was trying to build a house for Habitat for Humanity, or that's who was going to do with that and she wrote a letter stating that in 1999 it was approved. That she had it approved, her plans and it was 2001 and it wasn't her plans. She was just trying to sell it for $27,000, let's see where it was at. $27,200 to Habitat for Humanity without even mowing one stitch of grass on this property. To me that sounds like profit. If this variance it's full profit and now the last 12 years she hasn't mowed it. Nothing got built there. I think they backed out of it but so our contention is this is just for pure profit. I talked to Mr. Generous and he's saying well you know, this gentleman here is applying for it but the owner is the one that's going to make the pure profit if this goes through and so, and there's another thing here too that I talked to Mr. Generous about and he told me it wasn't true. The 1999 isn't the year that it was approved. It was 2001 and she's saying it was 1991 separate from the Habitat for Humanity and she 0 Chanhassen City Council — August 12, 2013 wrote here in this letter to the city that I was approached by city staff regarding city interest in purchasing this property using Community Development Block Grant funding for the building of a Habitat for Humanity home on the property. An agreement was reached with the community development staff for the purchase of this property. However the City Council didn't approve it but I went and talked to Mr. Generous and that didn't happen so these two paragraphs to me show that she's trying to cover that this is just for profit. So anyway that's, trying to think. So that's where our beef is you know when the City tells us it's not buildable, I mean we would have jumped on it that day if we knew that somebody was going to, it was only worth anything to somebody that lived next to it so you know we would have bought it instantly if we knew there could have been somebody from the city coming up you know and then all of a sudden it's buildable. I mean stuff like this is why people don't like government you know. You know we have nothing against all you guys but when. Mayor Furlong: It's the other government guys. Keith Peterson: Yeah, it's the other government but you know when you tell us that it's not buildable and then somebody from the city. Mayor Furlong: And if I can ask, because you mentioned that a couple times. Who told you, I think you were. Keith Peterson: See we don't know. We called the City. This land is for sale. Mayor Furlong: Okay. Keith Peterson: Mr. Schwab and I and I think the owner of the land. You know if I was the owner of the, if I was the guy that sold this lot for $4,200 and all of a sudden it's selling for $27,000 and it's buildable and he thinks it's not, I'm surprised he wasn't on your tail. Mayor Furlong: Well and I guess that's the question. Keith Peterson: You know we don't know who. It was a female that's all I know so. Mayor Furlong: 10-15 years ago. Keith Peterson: Yeah it was back in, when did it first come for sale? '99. Mayor Furlong: Okay. Keith Peterson: It was probably end of '98 when we were inquiring on it. I believe Anita bought it January 5th, 1999. Mayor Furlong: Okay. Keith Peterson: And so that's kind of where we're coming from and. Mayor Furlong: Okay. Keith Peterson: And with this being approved, you know this, even the house now it's probably still going to be 10 feet taller than Wally's house which is going to be 20 feet next to it and you know basically by putting that in, I don't know if you want to tum the rest of the houses into tear down's or you know if you want, you know you start doing this and then true if you want Chanhassen as number 4 in the 0 0 Chanhassen City Council — August 12, 2013 country but you're selling Minneapolis sized lots you know so. You know you're approving houses to be built, you know if you want to cram them in like Minneapolis that's kind of what it's going to happen here so, I don't know if anybody else has anything to say but that's my. Mayor Furlong: Please. Alright Mr. Peterson, thank you. Wally Schwab: Good evening. Mayor Furlong: Good evening. Wally Schwab: I'm Wally Schwab. I live at 950 Carver Beach Road which is just east of the property in question. Lived there for 33 years. Needless to say will be quite impacted by whatever decisions take place on this piece of property. Just to throw a little light on some of what Keith was saying. Back when Mr. Osmundson, who then owned the property, let me know that he was going to put it on the market. He gave me a price on it. We kicked it around with Keith and Bob. I personally went over to the City planning office to inquire as to whether or not it was a buildable lot. I was told by I don't know who. Whoever I talked to pulled it up on the computer. Looked at it. He said no, that can't be built. It's too small. It doesn't have sufficient square footage. Nor is it stubbed. It can't be built. So that's what we got from the person then at the Planning Commission and from there it just has kind of snow balled to where we are at today. Needless to say we who are very impacted by this would like to see nothing happen and there are other offers on the table from us that will allow Ms. Benson to sell the property not as maybe a great a profit as she might like but she would still be able to sell the property. So I'm requesting that you take this really under serious consideration. There are other split level houses in the area. Our immediate area. They are all on full sized lots. Not a dinky little 60 by 100 lot and that's pretty much my viewpoint on it. Thank you. Mayor Furlong: Thank you. Mr. or Mrs. Nelson here or do you want to comment? Mr. Nelson: I'm here but I'm the one that handed that ... read that and go over the same stuff... Mayor Furlong: Okay. Alright. Thank you very much. Ms. Aanenson, thoughts and comments on the objections raised by the residents? Kate Aanenson: Those were the same points, those were raised at the Planning Commission. Unfortunately I'm not sure how that was communicated. I think as the City Attorney knows that if it's a lot of record, we do our best to see if it can be built on so. Mayor Furlong: Well and I guess Mr. Knutson a question for you based on the comments raised by the residents. First is whether or not the lot is buildable as it is, and while it's 3 lots they are assembled as a single lot, is that correct? Roger Knutson: Correct. Mayor Furlong: So originally they were 3 of the 20 by 100 but now it is a single lot of record. Roger Knutson: That is correct. Mayor Furlong: Okay. And is it a, does it meet the definition of being a non -conforming lot of record? Roger Knutson: Definitely. 10 0 Chanhassen City Council — August 12, 2013 Mayor Furlong: Okay. Roger Knutson: The minimum lot size I believe Kate said was 15,000. This is 6,000 and city code and the zoning ordinance as you know better than I do I think, evolves over time so what, I'm not sure what the zoning ordinance said in 1999. I'm not sure about this but the current provision that says for example, regardless of your lot size if you're a lot of record and the only thing you've got wrong with your lot is the lot size or lot dimensions, you don't even need a variance. It's buildable. That wasn't always in the city code but it sure is there today so the size of the lot is really not an issue. Mayor Furlong: Okay. Roger Knutson: That's taken off the table. It's deemed buildable. The only thing before you is the question of the 5% variance on impervious surface coverage. Mayor Furlong: Okay. Roger Knutson: And the question there is, is that a practical difficulty and, which is a new standard. It's only a year old. It means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter so the question for you is, is this extra 5% of impervious surface reasonable under the circumstances or will it cause stormwater problems and I heard what your city engineer had to say about that but it's ultimately your decision. Mayor Furlong: Okay. And the requirement, you mentioned practical difficulties. There's also a requirement here I'm reading that the purpose of the variation is not based upon economic conditions alone. Roger Knutson: The applicant wants to build a house and live there. You don't look what the property owner making more money is not the issue. The question is, is this applicant who wants to build this house, does he just want to build this house for economic consideration or is he looking for a place to live. People to live. Audience: He's not going to live there. Roger Knutson: For people to live. A reasonable house. Mayor Furlong: Okay. Alright. Any other comments by either, yes sir? Todd Gerhardt: The applicant. Mayor Furlong: Okay, yep. If you'd like to come up and respond, please. David Moore: I'm David Moore. I live at 3811 Williston Road, Minnetonka. I am the applicant and buyer for the property. I'm not representing Anita Benson. Edina Realty is at my office. Mayor Furlong: Okay. David Moore: My, to answer one of your questions. 33.5% was my hard cover application originally. I didn't realize that the deck was not part of that. That's why it was approved by planning department at 30.8 I believe. And I did research this property quite extensive at the City. I've been doing this for several years. Back in the 1970's the property abutting me to the west, it's address was 960 Carver Beach Road. I assume right about that time, 1977-78 is when it was split. Made a lot of record for whatever 11 IP • 0 Chanhassen City Council — August 12, 2013 reason back then I don't know. I'm aware of the side yard and the setbacks and the impervious applications that I've made. This home is very well designed. I probably went through 500 prints and viewed them to get the aesthetic view of the front of the house to fit a value that would be agreeable to the neighbors I would hope. It is 3 bedrooms on the main floor. Two full bathrooms, including a master. Kitchen, living room, fireplace. Lower level, fourth bedroom and another bath so it's 4 bedrooms, 3 baths. Around 1,900 square feet finished. Yes, I could go smaller on a house on there and with 1,500 square feet of impervious surface area. Do a 960 split. Double tuck under garage. Wouldn't be standing here tonight. Would it be economical sound judgment on my part to do that? We were talking about maybe a one or two bedroom house. That's what would be served on that lot, a lot of record. Would it help the neighbors over here in values? No it wouldn't. This home now was in beginning stages was appraised for a little over $300,000 so it certainly fits the value and I wouldn't build anything cheap. I've been doing this for 37 years. Any other questions of me? That's about all I can say tonight I guess. Hope you approve this... Mayor Furlong: Any questions of Mr. Moore? No, okay. David Moore: Okay, thank you. Roger Knutson: Mayor? Mayor Furlong: Mr. Knutson. Roger Knutson: Just because the variance law is changed multiple times, and I've been in situations where there's some confusion. The variation before, the law before this current statute was passed about a year ago was undue hardship and without the variation are you prevented from having any reasonable use of the property. That is no longer the standard. It is not the standard so you don't look at could they build without a variance. That's not the question. Mayor Furlong: That was the old. Roger Knutson: That's the old standard. Mayor Furlong: Okay. Roger Knutson: Now the question is, is what they want reasonable? Is this a reasonable use of the property? Not could they build without it but is this reasonable. Mayor Furlong: Okay. Any other comments from the public? Okay, thank you. Let me bring it to council then for discussion and consideration. Thoughts and comments. Mr. McDonald. Councilman McDonald: I'll go first. Well based upon my understanding of our standards, and I thank Mr. Knutson for that because I was probably asking the wrong questions. Yeah, it seems to me as though it's a reasonable use of the property. It's a house. It fits into the neighborhood. Whether or not they make profit, it's not the City's problem. It's not our business so I discount all of that and all I'm left with is, is it reasonable? I don't see why it's not reasonable and you haven't brought forth reasons for me to consider that it's not reasonable so I'd be in favor of granting the variance. Mayor Furlong: Thank you. Other thoughts or comments? Councilwoman Tjomhom. 12 0 0 Chanhassen City Council —August 12, 2013 Councilwoman Tjornhom: I have to concur with Councilman McDonald. While I feel your frustration and I understand that you had another vision for this piece of property, as a council member it's not my role to determine whether or not someone makes a profit on a lot or. Audience: ... put that in the thing that it can't be for profit. Then you can't consider that.. Mayor Furlong: She can continue her comments please. Councilwoman Tjornhom: It's not my role to determine if a private citizen buys a piece of property and what that profit is and if that's correct or not. I asked the question tonight whether or not there was any surface water issues because as a council member that is what I'm most concerned about is making sure that there's no harm done to any of the other neighboring properties and I was answered by the engineer that he didn't feel there was any issues with that and so for that reason I also will be approving for the variance. Mayor Furlong: Thank you. Councilwoman Ernst Councilwoman Ernst: Yeah, so this is a hard one for me because it's just a few houses down from me and I'm very sympathetic to the situation. I have to say that I like, from what I've seen I like the design of the house and I, it sounds like with the impervious surface issue that the stormwater issue is covered and it sounds like there is a hardship that's involved here and that constitutes a variance as this type of a change. You know my neighbors are really caught in a hard place and simply due to circumstances that have happened over the past years and what it is today and I'm disappointed with those circumstances. However with the situation and the variance and what has been proposed, I have to do the right thing for the City as well and I feel that the right thing to do is to vote in favor of the variance. Mayor Furlong: Thank you. Mr. Laufenburger, thoughts or comments. Councilman Laufenburger. Just a brief one Mr. Mayor. I think that Mr. Knutson in describing the rules under which we can approve a variance now and how they are different from a year ago, I think it falls on us as a council to provide a real solid test of reasonableness and I'm thinking about, I think that Mr. Moore and his efforts to build a very nice home that would contribute to the neighborhood as opposed to detract from the neighborhood, I think that's a good thing and I think that 70 feet of impervious is not unreasonable. 70 square feet of imperviousness is not an unreasonable reason to deny this variance so I would support the variance. Mayor Furlong: Thank you. I think the issues have been pretty well defined. Is it buildable? Currently our ordinances it is. Whether it was before or what information was received before, we can't say but today it is. Is there a hardship? Does it meet the conditions of a variance request and to the standpoint of not could they do something else, which was the old standard, but is what they're requesting reasonable? I look at this and with the city engineer's statement that the additional impervious surface would not cause a public problem from stormwater management. I think it is reasonable. The issue of economic considerations here I think certainly there's a desire to increase the value of the property by improving the property but I think that's very consistent with everyone who has built a home or might take a lot and build a home on the lot. It's to improve the property for their use or to sell so I think that's just the marketplace and a very reasonable use of this property. If they were seeking to build a type of building or improve upon the property that wasn't consistent with the surrounding neighborhood, that wasn't in harmony with the area, then that would be different but I think what is being proposed here and the expectations that they follow all the permitting process and all the ordinance, where the one area of variance from city ordinance is the impervious surface cover I think it's reasonable and so if that's the standard by which we are charged to make a decision, that makes sense to do for me so with that, unless 13 i • Chanhassen City Council —August 12, 2013 there are other comments I would certainly entertain a motion. Mr. McDonald, since you were leaning forward. Councilman McDonald: I make a motion that the Chanhassen City Council approves a 5.8% hard cover variance to permit the construction of a single family home subject to the conditions of the staff report and adoption of the Chanhassen Board of Appeals and Adjustments Findings of Fact. Mayor Furlong: Thank you. Is there a second? CouncilwomanTjornhom: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on that motion? Hearing none we'll proceed with the vote. Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves a 5.8 percent hardcover variance to permit the construction of a single family home subject to the following conditions and adoption of the Chanhassen Board of Appeals and Adjustments Findings of Fact: 1. The builder shall provide a tree survey as part of the building permit process. The builder shall try to preserve the trees at the perimeter of the property. 2. The building shall be limited to the split level house design. 3. The builder shall apply for a building permit and meet all requirements of said permit. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. Appreciate your understanding. BLUFF CREEK COTTAGES, NORTH OF PIONEER TRAIL AND WEST OF BLUFF CREEK BOULEVARD, APPLICANT: CHESTNUT GROUP, LLC/OWNER: JOHN KLINGELHUTZ: REQUEST TO REZONE 8.9 ACRES FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO MIXED MEDIUM DENSITY RESIDENTIAL (R-8): SITE PLAN REVIEW WITH VARIANCES FOR THE CONSTRUCTION OF A SENIOR HOUSING FACILITY: CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT: AND A RESOLUTION APPROVING REMOVAL OF THE SITE FROM THE RURAL SERVICE AREA. Kate Aanenson: Thank you Mayor, members of the City Council. This request did appear before the Planning Commission on July 16th. Whoops. Got the wrong project up. Sorry. It's located off of Pioneer Trail. This is a property that, it was impacted by the 212 interchange. At one time before the design build came forward with the 212 there was potentially proposed an interchange at this location of the confluence of Pioneer Trail and actually the new Pioneer Pass Road, Bluff Creek Road going into Pioneer Pass. So part of this property shown here will eventually be vacated and that would be this area right in here so it's a little, and we have steep slopes on the back side as we go towards Liberty on Bluff Creek so this site, while it was given medium density, it's kind of topographically separated from the rest of the city. The land use on, the current land use and zoning on this property is medium density but it's zoned agricultural so surrounding it, as I mentioned we have the Liberty on Bluff Creek which is also PUD Medium Density. We have a neighborhood from Chaska that's immediately to the west of this property, and then the new park for Pioneer Pass and the Pioneer Pass subdivision. Again then eventually 14 CITY OF CBAIINASSEN 7700 Market Boulevard PO Bax 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 • MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: August 12, 2013 611:�a SUBJ: Variance - 960 Carver Beach Road Planning Case #2013-15 PROPOSED MOTION "The Chanhassen City Council approves a 5.8 percent hardcover variance to permit the construction of a single-family home subject to the conditions of the staff report and adoption of the Chanhassen Board of Appeals and Adjustments Findings of Fact." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY Neighboring property owners appealed the Board of Appeals and Adjustments Park & Recreation approval of the variance pursuant to section 20-29 (d) of the Chanhassen City Code. Phone: 952.227.1120 The neighbors disagree with the approval. They believe that the site is too small for a Fax: 952.227.1110 house and that the lot is small relative to the surrounding properties. Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 The applicant is requesting relief in the form of a hardcover variance from the zoning ordinance to build on an existing lot of record. The applicant proposes to meet all city zoning requirements except for the hard coverage in the construction of a home on this property. The practical difficulty in meeting the City Code requirements for a specific home type, a two -car garage and an improved driveway do not differentiate between the size of the parcel. It is a hardship not of the owner's making but one of the nature of the property itself in that it was platted prior to current city lot standards. PLANNING � I Ohs/_\, '1 Senior center The Planning Commission, as the Board of Appeals and Adjustments, held a public Phone: 952.227.1125 hearing on July 16, 2013 to review the proposed variance and voted four for and none Fax: 952.227.1110 against a motion approving the variance to permit the construction of a single-family home with 30.8 percent hardcover. Web Site www.ci.chanhassen.mn.us The Planning Commission minutes for July 16, 2013 are on the consent agenda of the August 12, 2013 City Council packet. SGANNEQ Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 0 0 Todd Gerhardt Moore Variance — Planning Case 2013-15 August 12, 2013 Page 2 RECOMMENDATION Staff recommends approval of the hard cover variance to permit construction of a single-family home. ATTACHMENTS 1. Letter of Appeal dated July 22, 2013. 2. Planning Commission Staff Report Dated July 16, 2013. g:*Ian12013 planning ca \2013-15 960 carver beach road variance\executive sununmyA c 1] Date: July 22, 3013 To: Robert Generous Chanhassen City Council Subject: Variance Proposal Case # 2013-15 Location: 960 Carver Beach Road 0 It was decided on July 16te, 2013 that the property at 960 Carver Beach Road was acceptable for building. We have disagreements with the approval of the variances because of the findings that were brought forward by Mr. Generous and his staff. We are requesting an appeal of the approval of the Planning Commission on the variances at 960 Carver Beach Road, Chanhassen, MN. Respectfully submitted, Wally //JJand a®AScb/ (G4;� 3d(e JG- 6 R f anti 4=Nfl7n Keith and Julie Peterson SCANNED PROPOSED MOTION: "The Chanhassen Board of Appeals and Adjustments approves a 5.8 percent hardcover variance to permit the construction of a single-family home subject to the conditions of the staff report and adoption of the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The developer is requesting a variance from Section 20-615 of the Chanhassen City Code to construct a single-family home. LOCATION: 960 Carver Beach Road (25-1600850) APPLICANT: David D. Moore, hic. OWNER: Anita Benson PRESENT ZONING: Residential Single Family (RSF) 2020 LAND USE PLAN: Residential low Density ACREAGE: 0.14 acre (6,000 sq. ft.) DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting relief in the form of a hardcover variance from the zoning ordinance to build on an existing lot of record. The site cannot be developed and comply with code due to requirements for a minimum house size, a two -car garage, and an improved driveway. The applicant has submitted a plan that complies with the setback and minimum house size requirements. The proposed hardcover is 30.8 percent for a split-level home (the applicant originally submitted 33.5 percent hardcover surface, but this information included the deck area which is not counted as hardcover). This is a 5.8 percent variance (30.8 % hardcover) from the SCANNED 0 Planning Commission Moore Variance July 16, 2013 Page 2 of 5 hardcover) from the 25 percent hardcover limitation for the Single -Family Residential District (RSF). Staff is recommending approval of the hardcover variance subject to the conditions of the report. APPLICABLE REGULATIONS Section 20-29, Variance and appeals procedures. Require 3/4t° vote of members present. Section 20-56 through 20-60, Variances. Section 20-73, Non -conforming lots of record. (a) No variance shall be required to construct a detached single-family dwelling on a nonconforming lot of record, excluding platted outlots, provided that it fronts on a public street or approved private street and provided that the structure meets the minimum requirements of this chapter. Section 20-615 (4), permits a maximum lot coverage of 25 percent. Section 20-615 (5), requires a 30 -foot rear yard setback and 10 -foot side yard setback. Section 20-905, Single-family dwellings BACKGROUND The property is located in Carver Beach and consists of three lots, which are each 20 feet wide by 100 feet deep. The subject property is 6,000 square feet in area. It is 60 feet in width (90 feet required) and 100 feet in depth (125 feet required). No variance is required for development on platted lots provided they comply with the ordinance. On December 5, 2000, this property was reviewed for the following variances: a 9,000 square -foot variance from the 15,000 square- foot minimum lot size to permit development on an existing 6,000 square- foot lot; a 30- foot variance from the 90- foot lot frontage requirement; a 15% variance from the 25% site coverage to permit site coverage up to 40%; a seven (7) foot variance from the 30 -foot rear yard setback, and a three (3) foot variance from the 10 -foot side yard setbacks for the construction of a single-family home. The Planning Commission voted unanimously to deny the requested variance. They felt that the proposed variances were too much. On February 12, 2001, the Chanhassen City Council approved a variance request for a 6,000 square -foot lot, a 60 -foot lot width, and 36 percent impervious surface coverage. On March 8, 2002, the variance for the property was voided. City Code, Section 20-57, states: A variance, except a variance approved in conjunction with platting, shall become void within one (1) year following issuance unless substantial action has been taken by the petitioner in reliance thereon. 0 0 Planning Commission Moore Variance July 16, 2013 Page 3 of 5 SITE CONDITIONS The topography of the site slopes from a high elevation of 1028 at the rear (northern) property line to a low of 1022 at the front (southern) property line. City sewer and water are available in Carver Beach Road. While the site appears to be easily built upon, a grading, drainage and erosion control plan must be prepared for city review and approval as part of the building permit process. The site is currently overgrown with vegetation. As part of the building permit process, all trees eight inches or larger must be included on the site survey. The building should try to preserve the trees at the perimeter of the property. NEIGHBORHOOD According to city records, there are many variances approved in the Carver Beach subdivision including area, width and setbacks. The variances listed below are within 500 feet of the parcel. Variance #94-9, 921 Hiawatha Road, Lots 977, 1002-1006, Carver Beach, a 5,000 square -foot lot area variance and a 20 -foot front setback variance for the construction of a single-family home. Variance #85-5, 895 Carver Beach Road, Lots 1348-1352, Carver Beach, a 17 -foot rear yard setback variance. It should be noted that the lot area of the parcel is 8,000 square feet. However, at the time of the variance, if the lot met 50 percent of the lot area requirements, a variance was not needed. In addition, the property immediately to the east of the site is 10,000 square feet. However, since it was built prior to the adoption of the city's ordinances, no variance was required. moa• •�000 ooeoa • Y rooa IA �MYI = o eo mea `2a Uo ooaon SITE CONDITIONS The topography of the site slopes from a high elevation of 1028 at the rear (northern) property line to a low of 1022 at the front (southern) property line. City sewer and water are available in Carver Beach Road. While the site appears to be easily built upon, a grading, drainage and erosion control plan must be prepared for city review and approval as part of the building permit process. The site is currently overgrown with vegetation. As part of the building permit process, all trees eight inches or larger must be included on the site survey. The building should try to preserve the trees at the perimeter of the property. NEIGHBORHOOD According to city records, there are many variances approved in the Carver Beach subdivision including area, width and setbacks. The variances listed below are within 500 feet of the parcel. Variance #94-9, 921 Hiawatha Road, Lots 977, 1002-1006, Carver Beach, a 5,000 square -foot lot area variance and a 20 -foot front setback variance for the construction of a single-family home. Variance #85-5, 895 Carver Beach Road, Lots 1348-1352, Carver Beach, a 17 -foot rear yard setback variance. It should be noted that the lot area of the parcel is 8,000 square feet. However, at the time of the variance, if the lot met 50 percent of the lot area requirements, a variance was not needed. In addition, the property immediately to the east of the site is 10,000 square feet. However, since it was built prior to the adoption of the city's ordinances, no variance was required. C� Planning Commission Moore Variance July 16, 2013 Page 4 of 5 E Within the area there are a wide variety of housing types including rambler, tuck -under, split - entry and two-story designs. The houses immediately adjacent to the property are two rambler homes and a 1'/rstory house. Along Carver Beach Road there are tuck -under and split -entry homes. Elsewhere in the neighborhood are two-story houses. The proposed house plan appears to fit into the character of the area. ANALYSIS City code requires a minimum 1,050 square feet of living area in a split-level house design and a two -car garage. The applicant proposes 1,888 square feet of living area and a two -car garage. The house is 40 feet wide to meet the 10 -foot side yard setbacks, and 34 feet deep to meet the 30 -foot front and rear yard setbacks. The lot is 60 feet wide by 100 feet deep for a total lot area of 6,000 square feet, with maximum site coverage of 1,500 square feet. The building envelop is 40 feet wide by 40 feet deep or 1,600 square feet. The site cannot be developed in compliance with ordinance requirements without relief from impervious surface restrictions (Section 20-615 (4)). The ordinance permits 25 percent lot coverage. This permits lot coverage of 1,500 square feet on the property. To meet setbacks, the optimum house design is a two- story unit. For a two-story house, the ordinance requires a minimum first floor area of 600 square feet. The ordinance also required a two -car garage. A standard size garage is 24 feet by 24 feet, or 576 square feet. A typical 20 -foot by 30 -foot driveway represents 600 square feet of impervious surface. Adding these hardcover surface areas together, the total impervious area is 1,776 square feet, which exceeds the lot coverage requirement by 276 square feet and represents site coverage of 29.6 percent. The applicant's proposal is for 1,846 square feet of hardcover surface, or 30.8 percent, which is only 70 square feet above the site coverage needed to satisfy city code requirements. 11 30 a4;iI mm�= d 1lawc 1 1 �r If the city were to require a one-story rambler design, the minimum house size is 960 square feet. With a 24 -foot by 24 -foot garage and a 20 -foot by 30 -foot driveway, the impervious surface coverage would be 2,136 square feet or 35.6 percent; a significantly higher coverage (290 square feet) than requested by the applicant. The construction of a split -entry, single-family home is a normal use of the property that is located in the Carver Beach subdivision, which is zoned Single -Family Residential (RSF) District. The unique dimensions of the lot (60 feet by 100 feet) and the need to comply with city minimum house design requirements create practical difficulties when attempting to meet a 25 percent hardcover limitation. The alleged difficulty or hardship is not a self-created hardship as the lots in this area were platted in 1927 prior to the ordinance. The purpose of the variance is not based on economic considerations alone; the applicant is proposing to construct a single- family home on a non -conforming lot of record in a residential zoning district. The granting of this variance will not alter the character of the Carver Beach subdivision as several homes in this 0 Planning Commission Moore Variance July 16, 2013 Page 5 of 5 area have a similar house size. Additionally, many parcels in this development are non- conforming lots of record and may require a variance to update or construct homes. RECOMMENDATION Staff recommends that the Planning Commission, as the Board of Appeals and Adjustments, approve the variance subject to the following conditions and adoption of the attached Findings of Fact and Decision: The builder shall provide a tree survey as part of the building permit process. The builder shall try to preserve the trees at the perimeter of the property. 2. The building shall be limited to the split level house design. 3. The builder shall apply for a building permit and meet all requirements of said permit. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Lot Survey. 4. Letter from David D. Moore to Board Members dated June 8, 2013. 5. Letter from Anita L. Benson to Planning Commission dated June 12, 2013. 6. Hard Cover Calculations dated June 3, 2013. 7. Lot Layout. 8. Foundation Plan. 9. Main Floor Plan. 10. House Front Elevation View. 11. Email from Tim Savaloja to Bob Generous dated July 6, 2013. 12. Public Hearing Notice and Mailing List. g:Aplan\2013 planing cases\2013-15 960 c a beach mad vari=6staff mpoRdoc 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of David D. Moore, Inc. and Anita Benson for a hardcover variance for a single- family home on property zoned single-family residential (RSF) — Planning Case #2013-15. On July 16, 2013, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned single-family residential. 2. The property is guided in the Chanhassen Comprehensive Plan for residential low density use. 3. The legal description of the property is Lots 998, 999 and 1000, Carver Beach. 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction and use of a split-level, single-family home within the building envelope is a normal use of the property in a residential district; therefore, it is keeping in harmony with the general purposes and intent of the RSF district. The subject site is located within the Carver Beach subdivision, which was platted in 1927. Carver Beach is zoned Single -Family Residential (RSF) and is comprised of several non- conforming residential lots which predate the adoption of the zoning ordinance. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 0 Finding: The lot size creates practical difficulties in constructing a single-family home. The site has 60 feet by 100 feet lot dimensions, 6,000 square feet in total. The lot is zoned Single -Family Residential and has a 25 percent hardcover limitation that leaves the property with only 1500 square feet available for hardcover surface. With the current hardcover zoning requirements, creating a single-family home with a two (2) stall garage and 30 -foot long driveway is extremely difficult. In order to meet the minimum code requirements for a single-family home on this property, a variance is necessary. Based upon the above mentioned facts, there are practical difficulties in complying with hardcover surface requirements. The construction of a single-family home with variances from the hardcover surface is a reasonable use of the property. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone. The applicant is proposing to construct a single-family home on a non -conforming lot of record in a residential zoning district. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The alleged difficulty or hardship is not a self-created hardship. The lots were platted in 1927 prior to the ordinance. The applicant is proposing a house plan that fits in to the unique circumstances of the lot. The homes on either side of the site were developed with single-family homes in 1956 and 1966. e. The variance, if granted, will not alter the essential character of the locality. (Similar home sizes) Finding: The proposed split -entry home has 1,888 square feet of living area and a two - car garage. The homes located on either side of the home are both one-story homes with 1646 square feet and 1144 square feet of habitable living area. Another home located adjacent to the northeast of this lot is a one -and -a -half story home with 1704 square feet of habitable living area. Granting the proposed variance request will not alter the essential character of the locality or Carver Beach neighborhood, a residential district. Many parcels in this development are non-confomming lots of record and may require a variance to update or construct homes. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2013-15, dated July 16, 2013, prepared by Robert Generous, et al, is incorporated herein. DECISION The Board of Appeals and Adjustments approves a 5.8 percent hardcover variance (30.8 % hardcover) to permit the construction of a single-family home subject to the conditions of the staff report. 2013. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 16`b day of July, CITY OF CHANHASSEN Chairman g:\plan\2013 planning cases\2013-15 960 carver beach road variance\findings of factdoc Aueie-pqn ID: 918FSE6138AE�C2A1 80981X7DFAF• CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PWlyn .-ant Name ana Aadress: Contact cw;2 Phone: •�� Fax: Y,. 4 ? .�2 ;" Email. Plannirg Case No '201-6 - Is _ Property Owner Name and Address: Contact A gra AFI -so Phone 7 7L �/a Fax: i Email: 4Arrr4,F�y&,m",z,2 P4 ",a;/ ein m NOTE: Consultation with City staff is required prior to submittal, including review of development glans Comprehensve Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Cevelopment* Rezoning Sign Pe^mits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation o° Right-of-Way/Easemerts (VAC) (Additional recording faw may apply) .h Variance (VAR) Z 00 Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment C! Notification Sigr - $200 (City to install and remove) X F w for Filing F ms/Attorney Cost" CUP/SPR lVAC/VARNVAP/Metes & Bounds 50 Minor SUB TOTAL FEE $ *0 r 6 -KA 364 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant Prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a dialtal copy in TIFF -Group 4 (*.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. MOTE: When multiple applications are processed, the appropriate fee shad be charged for each application. SCANNED Ax-9MJUV ID: 818F5ESIZUELC2Ad BM81:70F6* 0 PROJECT NAME: %F� g g'`, �g� spar- E.VrA l LOCATION: 4Zn !1 dDvra P CA q L/ n. LEGAL DESCRIPTION AND PID: x998 -10 TOTAL ACREAGE: VvT7LANDS PRESEN-: PRESENT ZONING: _if -/ REQUESTED ZONING: OR PRESENT LAND USE DESIGNATION: YES -,&_ NO REQUESTED LAND USE DESIGNATION: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: _ _. This apptecation 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 wt- the Planning DePartmert 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 withir 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 conplyirg with ry` all Crequirements with regard to this request. ''is application should be processed in my name and; am the party whom the City should contact regarding any matter pertaining to this application. ! have attached a copy of proof of ownership {ether COPY of Owner's Duplicate Certificate of T 'tle. 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. wit: keep myself i^.fermed of the deadlines for submission of material and the progress of this application. I further understand that additicral fees may be charged for consulting fees. feasibility studies, etc. with ar, estimate prior to any authorization to proceed with the study. The documerts and informaton I have submittec are true and correct to the best of my knowledge. r Signature of App : a^ Date y A ruxa, 8e*14o ' 06/03/2013 grature of Fee Owner Date �"niaY.fmrs`e'eve3opmert m'in. aprv:a m doc SCANNED is Established In 1962 LOT SURVEYS COMPANY, INC. 51607 INVOICFBNOE NO. 818-21 LAND SURVEYORS SCALE: 1 --20t REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 7a01 73r4 Asea.. North 612-660-9097 D D.net.. Yen ueament D Debt.. Woad MA S.t fex No. 60-7622 Nlnae.poll.. Nlanuot. 66{26 for excavatbn qtly $�ururgurs (6rrfifiratr x000.0 Dw»U. ExhMq El.valbn ca¢d,Denot..Plope.edO.ratan FLOTo osxux0sox. ��- D W. 34f.. D,6" ?9 �VPopp Felve GAj�V�� i3EAGH �oAD Lots 998, 999 and 1008, Carver Beach Pr" u.ea b 1dtq intwm tiw mwl ea rl�v,ked w;tn epp.ve0 bug6�p Pl before ucuolien w4 xovnveypn the oNy by c bL eeeemente ehovn era from eble of record w Wormenon pevide0 We "bycertify nwe Iqa i. d trve bM <wnel repeaentatian of o surrey of Ih. bwndw4. of I"obb.. d..wA.d 4xb wtl lha 4n:olion of W b14wq vh2seeMrooNmanl., If a .bid Md Y•Irwn w on Swvyed by w tris 22bd dey of DeceNber 8 all.d Gregory R. 9r ch In. Reg. Xo. 2<992 o-dlf� D Ll June 8, 3013 Application for 960 Carver Beach Road Hardcover Board Members I'm Dave Moore the buyer for the property located at 960 Carver Beach Road, Chanhassen, Minnesota. Please review the house designs, floor plans, site plan and the hardcover calculations for your approval process. The lot is limited because of its substandard lot size (100 x 60) but is a lot of record with all the utilities available. The present owner, Anita Benson was approved by your board with a 36% hardcover variance but the approval time has expired. We are applying for a 33.50% approval with building plans that meet all front, side, and rear yard setbacks. I believe this design has great curb appeal with three bedrooms on one level which is most appealing to the buying public. The elevation meets all City height requirements as well. Should this application be denied, the alternative would be to build a much smaller home on the lot that meets the present hardcover and setbacks. This would not be favorable for the surrounding neighbors home values and to the future buyer. Thanks, for reviewing my information David D. Moore, Inc. 2655 West 78"'. Street Chanhassen, Minnesota. 55317 SCANNED • June 12, 2013 City of Chanhassen Planning Commission Re: 960 Carver Beach Rd 0 I formerly had the privilege of living and working in and for your community from 1996 through 1999. 1 purchased the above referenced property with the dream of building a home; closing on the property in January 1999. I developed building plans, applied for and received the necessary variances required to build on the property. The Planning Commission recommended and the City Council approved at that time a variance allowing up to 36 % impervious surface coverage. Unfortunately, due to a change in my employment circumstances in the spring of 1999, it was no longer possible for me to proceed with the construction of the home I had planned to build at 960 Carver Beach Rd. In 2000, I was approached by City staff regarding the City's interest in purchasing the property using Community Development Block Grant (CDBG) funding for building a Habitat for Humanity home on the property. An agreement was reached with City Community Development staff for the purchase of the property. However, the purchase was not approved by City Council, possibly due to grant funding issues. While I have family who are lifelong residents of Chanhassen, I do not see in my future relocating and personally building on the property. Thus I made the decision to put the property on the market so that someone else could realize the dream 1 once had of building a home on the property. Mr. Moore has designed a home that will welcome a new family to the neighborhood and the community. His hard cover plan is only 33.5% and he has designed a home that will have great curb appeal, a functional architectural design and a home that will fit into the neighborhood nicely. The previous variance granted would have allowed Mr. Moore to have a greater amount of impervious surface than he is requesting. This past variance approval and the City's own interest in building a Habitat for Humanity home on the property indicate building a home on the property is not only reasonable but also the highest and best use of the property. I fully support the plans and specifications Mr. Moore is proposing for the property at 960 Carver Beach Rd. Respei��'��t:�� Anita L. Benson Current Owner of 960 Carver Beach Rd SCANNED AULlennvgn ID: 81W5EBI-=EJ C2-Uq"6 DWjM]DF� �HU Cc` uzW A lb C/I 1v D'09 7 idIV / 1 .c c k a,�, tlF vvA y �. -;7RGtv7- ,1.A/v6 iNC-, 4C� Si D4 WAL K 1Dedc I S�y L SCANNED a.t;nennu4o �P. :a4Dllthed In L982 LOT SURVEYS COMPANY INC' 1'f0ICE NO Slcel LAND SUP VEYO?S $�q�,E; RSG7:- =-?CED UNDER ME LAT.' IF STATZ OF D1LNF'z3^TA •� �,. __ 'M0: T]r� A..ep. RortL 7 DLL101R Y6 �IIMaI au-eao-aon re: F., naC—�2II x1xa..pelf,, a o.rt.s�>.e to 4 xfea.eet. aSKa � 3�9 TItVP17II t5 t' QIPi��. TtAfP 'xg) �1iY9 ®.+rttu. acs -got 0eein aee..r a..�_ RAYD OVVgSM S'Id-c- E yH�'J i -I4 3�%� i I X440 �If� F-3� /6' .o i `pc 3� dnv� 36 ; ,5h amlrAxr Los 448. 999 aW /DOD, ^.arvcr Beach ewe ONd u�ee.C+af eK�c»Vucfien.!feGK ritA nyyereC M16nQ � � eO3e^t'rt y+em ae ter atoa et r.ee.e a. wrcmetke Y.dae of ..,r h +moray w.(. met uia is a eve 4'e NtKt r.�xe.mmtbe er n^.Y e• t4 �Oe.mi.. N 'D. exn �tbn e! m M 4..aa,.e :x ana tM c yd 'k`ee X r:sC4 eK�+ISIf. �: aer. fry..... Sw.e�y 4f n vit_ 22pa.aY a mer t9� SCANNED 34/ i 'b GaR19CE 34'x.2.f .Z -VS zeZ P fr Q IA✓ VISVCo Ud�A' /✓.GAD io Xq� 40� /9" S, ./ D6/gl pl I 5 /0!)( al,' /a x .�8 • 0 3b J d dOSk r MN//v �1-6o H l/..qiv x /I .�/ X// J WA uB MIAS T k !y' B,EDRCVM �Hul. r�Q h N i,I, x I4' DOek .t�inJiR.J r �(op/� v.�u {rro x /a2, k. Ac ►,e„) V#aA rc o ay' It � x /3 Liv rR-' ay' 0 Generous, Bob From: Tim Savaloja [savaloja.tim@gmail.com] Sent: Saturday, July 06, 2013 9:24 PM To: Generous, Bob Subject: 960 Carver Beach Rd. 0 Mr. Generous, I live at 6770 Penamint Lane, very close to the property in question. I appreciate the notification and the opportunity to share my opinion. Unfortunately I am unable to attend the meeting. After reviewing Section 20-615 online it seems that the variance is not for a minor discrepancy. The lot clearly does not meet the code requirements for a buildable lot. Also, it seems to me that building a two-story home on the too -small lot makes it more of a problem. With that in mind I would respectfWly ask the City to uphold the Code and deny the variance. Thank you, Tim Savaloja E CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being fust duly swom, on oath deposes that she is and was on July 3, 2013, 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 Moore/Benson Variance — Planning Case 2013-15 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of 2013. Notary Pubh T. MEUWISSEN Notary PublicMinnesota J#KIM My Commission Expires Jan 31. 2015 Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, July 16, 2013 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Variance from Section 20-615 of the Chanhassen Proposal: City Code to construct a single-family home on property zoned Residential Single Family RSF Applicant: David Moore Property 960 Carver Beach Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2013-15. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at bcenerous(rDci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written comments, it is Comments: 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 of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the headng 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 somethina to be included in the report, please contact the Planning Staff person named on the notification. Date & Time: Tuesday, July 16, 2013 at 7:00 P.M. This hearing may not start until later in the avenin , depending on the order of theagenda. Location: City Hall Council Chambers 7700 Market Blvd. Request for Variance from Section 20-615 of the Chanhassen Proposal: City Code to construct a single-family home on property zoned Residential Single Family RSF Applicant: David Moore Property 960 Carver Beach Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2013-15. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at baenerous(dci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written comments, it is Comments: 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 Alterati Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/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 Planning Staff person named on the notification. ANITA BENSON ARLEE N & JEAN M MUELLER ARNOLD E LEMKE 43179 80TH ST 1001 CARVER BEACH RD 6781 REDWING LN JANESVILLE MN 56048-1304 CHANHASSEN MN 55317-9529 CHANHASSEN MN 55317-9549 BRENT A BAUER BRUCE J SCHULTZ CHAD SHARKEY 6000 WYNGATE LN 6820 PENAMINT LN 6801 REDWING LN MINNETONKA MN 55345-6557 CHANHASSEN MN 55317-9217 CHANHASSEN MN 55317-9566 COREY & ALISSA BERGMAN COREY A & KATIE ECKHOFF DAVE R & JUDY L LABODA 628 SUMMERFIELD DR 920 HIAWATHA DR 3115 29TH ST CHANHASSEN MN 55317-7644 CHANHASSEN MN 55317-9532 SLAYTON MN 56172-1545 DENNIS W SCHILLING DEVON K & JO ANNE M EKLUND DONALD W & CAROL M ZALUSKY 941 WESTERN DR 920 PENAMINT CT 960 WESTERN DR CHANHASSEN MN 55317-9556 CHANHASSEN MN 55317-9598 CHANHASSEN MN 55317-9556 EDWARD A HJERMSTAD JR FOURCO LLC GARY J & JACQUELINE A HOFFMAN 6790 PENAMINT LN 6771 PENAMINT LN 860 HIAWATHA DR CHANHASSEN MN 55317-9215 CHANHASSEN MN 55317-9216 CHANHASSEN MN 55317-9532 GAYLE J ODETTE GREGORY & BARBARA J HAYLEY A KERR 900 WESTERN DR PEPPERSACK 990 WESTERN DR CHANHASSEN MN 55317-9556 940 WESTERN DR CHANHASSEN MN 55317-9556 CHANHASSEN MN 55317-9556 JAMES M & TAMARA ENGESETHER JEFFREY W & MARY L BORNS JENNIFER D MAATMAN 930 PENAMINT CT 7199 FRONTIER TRL 895 CARVER BEACH RD CHANHASSEN MN 55317-9598 CHANHASSEN MN 55317-9605 CHANHASSEN MN 55317-9420 JOHN C BROICH JOSEPH M & LORI L HARRINGTON KEITH J & JULIE L PETERSON 6800 PENAMINT LN 901 CARVER BEACH RD 921 HIAWATHA DR CHANHASSEN MN 55317-9217 CHANHASSEN MN 55317-8572 CHANHASSEN MN 55317-9532 KENT & MARY BRAUN KERMIT D AUSTAD KYLE B WENNERSTEN 900 HIAWATHA DR 980 CARVER BEACH RD 1001 WESTERN DR CHANHASSEN MN 55317-9532 CHANHASSEN MN 55317-8572 CHANHASSEN MN 55317-8474 LANCE A & RACHEL A CARNAHAN LARRY E SCHROERS LEONARD A & MARLENE M DUSOSKI 1000 CARVER BEACH RD 1020 CARVER BEACH RD 2144 BRIDGE XING CHANHASSEN MN 55317-9529 CHANHASSEN MN 55317-9529 SHAKOPEE MN 55379-9574 LEROY & WANDA BITELER LOIS L HERRMANN M KEITH & JAYNE M MOODY 910 PENAMINT CT 991 WESTERN DR 960 PENAMINT CT CHANHASSEN MN 55317-9598 CHANHASSEN MN 55317-9556 CHANHASSEN MN 55317-9598 MARY KAY HOGUE MICHAEL J SHOBERG PATRICK R SZALAPSKI PO BOX 337 834 LONE EAGLE DR 1021 CARVER BEACH RD CHANHASSEN MN 55317-0337 CHANHASSEN MN 55317-9417 CHANHASSEN MN 55317-9529 RANDY M & LITA M CANTIN RAY E & MARY L MIKKONEN ROBERT B NELSEN 6694 NEZ PIERCE DR 6781 PENAMINT LN 970 CARVER BEACH RD CHANHASSEN MN 55317-9564 CHANHASSEN MN 55317-9216 CHANHASSEN MN 55317-8572 SCOTT R SCHLAUDERAFF SERAFIMA & PAVEL GORLOV STEVEN & GLORIA RAY 881 WESTERN DR 921 WESTERN DR 920 WESTERN DR CHANHASSEN MN 55317-9597 CHANHASSEN MN 55317-9556 CHANHASSEN MN 55317-9556 THOMAS JR & HILDA REDWING TIMOTHY D & CHARLOTTE TROY REINE 990 CARVER BEACH RD SAVALOJA 1011 CARVER BEACH RD CHANHASSEN MN 55317-8572 6770 PENAMINT LN CHANHASSEN MN 55317-9529 CHANHASSEN MN 55317-9215 WALFORD A SCHWAB WILLIAM SHANE & MARY L MURPHY DAVID D MOORE INC 950 CARVER BEACH RD 940 PENAMINT CT 2655 W 78TH STREET CHANHASSEN MN 55317-8572 CHANHASSEN MN 55317-9598 CHANHASSEN MN 55317 6 0 Affidavit of Publication Southwest Newspapers CITY OF CHANHASSEN State of Minnesota) CARVER & HENNEPIN COUNTIES )SS. NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2013-15 County of Carver ) NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, July 16, 2013,Chambersat .arse Coity Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized in7Chan in Chanhassen City Hall, 7700 Hall,7700 agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- Market Blvd. The purpose of this I lager and has full knowledge of the facts herein stated as follows: hearing is to considers request fora Variance from Section 20615 of the A These new have complied with the cements constituting qualification as a legal ( ) proves P g q Chanhassen City Code to construct newspaper, as provided by Minnesota Statute 331 A.02, 331A.07, and other applicable laws, as s, a single-family home on property amended. zoned Residential Single Family (RSF) and located 960 Carver Q� is Affidavit identified No. a at Beach Road. Applicant: David D. i (B) The printed public notice that attached to this and as was published on the date or dates and in the newspaper stated in the attached Notice and said Moore, Inc. Owner: Anita Benson. A plan showing the location of Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the proposal is available for public the newspaper specified Printed below is a copy of the lower case alphabet from A to Z, both e eat www inclusive, and is hereby acknowledged as being the kind and size of type used in the composition ci-cha passewon Ciro.y's s/20eb 1 ci.chanhassen.mn.us/2013-15 or at and publication of the Notice: City Hall during regular business hours. All interested persons are abcdefghijkhnnopgrsto invited to attend this public hearing /1 and express their opinions with respect to this proposal. " i//�l/ Robert Generous, Senior Planner By. Email: bgenerous@ci.chanh c=.n. Laurie A. Harmtann 11111.11s; Phone: 952-227.1131 (Published in the Chanhassen Villager on Thursday, July 4, 2013; Subscribed and sworn before me on No. 4820) this �� day of-Ait 2013 JYMME JEANNETTE BARK 7V NO'AFf4%;BUC-IA'NNESOTA . IIY�MM13SIONEXPiAF501/J1116 blit RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNED E Date: July 22, 3013 To: Robert Generous Chanhassen City Council Subject: Variance Proposal Case # 2013-15 Location: 960 Carver Beach Road rI It was decided on July 16m, 2013 that the property at 960 Carver Beach Road was acceptable for building. We have disagreements with the approval of the variances because of the findings that were brought forward by Mr. Generous and his staff. We are requesting an appeal of the approval of the Planning Commission on the variances at 960 Carver Beach Road, Chanhassen, MN. Respectfully submitted, Wally and Cheryl'S`C _ `�, Robert and�Do s Nelsen SCANNED CITY OF CHANHASSEN • • % _ / P 0 BOX 147 CHANHASSEN MN 55317 07/22/2013 12:18 PM Receipt No. 00225675 CLERK: AshleyM PAYEE: David Moore Inc 3811 Willsiton Road Minnetonka MN 55345 - Planning Case 2013-15 ------------------------------------------------------- GIS List 138.00 Total Cash Check 3131 Change 138.00 0.00 138.00 0.00 SCANNED r To: David Moore 2655 West 7e Street Chanhassen, MN 55317 0 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 Invoice RE: 960 Carver Beach Road Variance Planning Case 2013-15 SALESPERSON DATE TERMS KTM April 4, 2013 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 46 Property Owners List within 500' of 960 Carver Beach Road (46 labels) $3.00 $138.00 TOTAL DUE $138.00 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 April 16, 2013. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #2013-15. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNEC CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION Application of David D. Moore, hic. and Anita Benson for a hardcover variance for a single- family home on property zoned single-family residential (RSF) — Planning Case #2013-15. On July 16, 2013, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned single-family residential. 2. The property is guided in the Chanhassen Comprehensive Plan for residential low density use. 3. The legal description of the property is Lots 998, 999 and 1000, Carver Beach. 4. Variance Findines — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction and use of a split-level, single-family home within the building envelope is a normal use of the property in a residential district; therefore, it is keeping in harmony with the general purposes and intent of the RSF district. The subject site is located within the Carver Beach subdivision, which was platted in 1927. Carver Beach is zoned Single -Family Residential (RSF) and is comprised of several non- conforming residential lots which predate the adoption of the zoning ordinance. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. SCANNED 0 Finding: The lot size creates practical difficulties in constructing a single-family home. The site has 60 feet by 100 feet lot dimensions, 6,000 square feet in total. The lot is zoned Single -Family Residential and has a 25 percent hardcover limitation that leaves the property with only 1500 square feet available for hardcover surface. With the current hardcover zoning requirements, creating a single-family home with a two (2) stall garage and 30 -foot long driveway is extremely difficult. In order to meet the minimum code requirements for a single-family home on this property, a variance is necessary. Based upon the above mentioned facts, there are practical difficulties in complying with hardcover surface requirements. The construction of a single-family home with variances from the hardcover surface is a reasonable use of the property. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone. The applicant is proposing to construct a single-family home on a non -conforming lot of record in a residential zoning district. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The alleged difficulty or hardship is not a self-created hardship. The lots were platted in 1927 prior to the ordinance. The applicant is proposing a house plan that fits in to the unique circumstances of the lot. The homes on either side of the site were developed with single-family homes in 1956 and 1966. e. The variance, if granted, will not alter the essential character of the locality. (Similar home sizes) Finding: The proposed split -entry home has 1,888 square feet of living area and a two - car garage. The homes located on either side of the home are both one-story homes with 1646 square feet and 1144 square feet of habitable living area. Another home located adjacent to the northeast of this lot is a one -and -a -half story home with 1704 square feet of habitable living area. Granting the proposed variance request will not alter the essential character of the locality or Carver Beach neighborhood, a residential district. Many parcels in this development are non -conforming lots of record and may require a variance to update or construct homes. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2013-15, dated July 16, 2013, prepared by Robert Generous, et al, is incorporated herein. 2 0 0 The Board of Appeals and Adjustments approves a 5.8 percent hardcover variance (30.8 % hardcover) to permit the construction of a single-family home subject to the conditions of the staff report. 2013. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 16`h day of July, CITY OF CHANHASSEN BY: Chairman g:\plan\2013 planning cases\2013-15 960 carver beach road varianceVindings of factAm CHANHASSEN PLANNING REGULAR MEETING JULY 16, 2013 (Due to technical difficulties, some of the microphones were not working properly.) Chairman Aller called the meeting to order at 7:05 p.m. Andrew Aller, Maryam Yusuf, Stephen Withrow, and Lisa Hokkanen MEMBERS ABSENT: Mark Undestad, Kim Tennyson, and Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Sharmeen Al-Jaff, Senior Planner, Alyson Fauske, Assistant City Engineer; and Drew Ingvalson, Planning Intern PUBLIC PRESENT: Dave Moore 3811 Williston Road Chris Hammer 9688 Washington Boulevard Troy Kakacek 380 West 86h Street Jim & Susan Keeler 1817 Freedom Lane Deb Chenoweth 1829 Freedom Lane LuAnn Markgraf 401 Rice Court Dick Roe 6771 Penammt Lane Wally Schwab 950 Carver Beach Road Keith & Julie Peterson 921 Hiawatha Drive Jeff Kerfeld 2702 Shadow Wood Court Karen Blenker 405 Rice Court Joe Dom 1833 Freedom Lane John C. Knoblauch 1450 Knob Hill Lane Colleen Kroll 2694 Shadow Wood Court Emily Owen 2706 Shadow Wood Court Keith Wyman 2674 Shadow Wood Court PUBLIC HEARING: 960 CARVER BEACH ROAD: REOUEST FOR A VARIANCE FROM SECTION 20-615 OF THE CHANHASSEN CITY CODE TO CONSTRUCT A SINGLE-FAMH.Y HOME ON PROPERTY ZONED RESIDENTIAL SINGLE FAMILY (RSF) AND LOCATED AT 960 CARVER BEACH ROAD. APPLICANT: DAVID D. MOORE. INC. OWNER: ANITA BENSON. PLANNING CASE 2013-15. Kate Aanenson presented the staff report on this item Aller: I noticed in the report that the fust plan came by with 33%. Aanenson: Correct. Aller: Was that the porch area then? SCANNED 0 • Chanhassen Planning Commission — July 16, 2013 Aanenson: Yeah I think the interpretation of that was -and actually that was a raised deck so it didn't include the hard surface coverage. It was this area here because a raised deck off that split so it didn't count towards the hard cover so it was just a calculation correction on the staff. Aller: And my review of the report it shows the history of the lot, apparently there was an original application for variance which was denied because it was too much on that hard cover and then there was a second one that had been approved? Aanenson: Correct. Aller: And this one is less than the one that had been approved as far as the hard coverage? Aanenson: Yes. Aller: Isn't that the 16 foot center drive? Aanenson: Yes. That's pretty minimal. They can go larger, yes. So that's minimal. Aller: I don't have any further questions at this time. Any other concerns? Would the applicant like to step forward or make a presentation on behalf of the applicant? Please state your name and address for the record sir. David Moore: Hi. David Moore. David D. Moore, Inc., applicant. 3811 Williston Road, Minnetonka Aanenson: Mr. Chair if I could, I know we're having problems with the microphone. Mr. Moore, if you wouldn't mind just speaking into, you can speak into the one on the podium too. David Moore: Okay. Is that better? Aller: That's better, thank you. David Moore: Okay. Aller: Welcome Mr. Moore. Tell us about the variance and what you're looking for. David Moore: Well I went through several plans trying to fit this lot and the difficulty is the width of the lot. Not necessarily the depth. Originally I spoke with some of the staff members about possibly applying for an 8 foot side yard variance to go with it and they suggested don't do that. Do, follow the guidelines that were approved some time ago at 36% approval for the hard cover. I did the calculations myself with 33.5% not knowing your deck coverage was not included. I would like to reserve the 33.5% is still on my application. That would be a walkout underneath that deck. Would not be underground. And I would like to reserve that possibly to pour a patio. Aller: Okay. David Moore: Give that consideration. The other option obviously would be to put a slab on grade wood platform deck which would deteriorate over time. Not too friendly to the public I don't think but it is a three bedroom, three bath plan. I could have gone smaller in house. I wouldn't be here tonight. It would be an 860 split with a single tuck under garage. Not favorable to the public and the values around the area that I viewed myself. I've been selling real estate for Edina Realty for 37 years so I pretty much know values when I see it and the functionality of a house having three bedrooms on one floor rather than two. f Chanhassen Planning Commission — July 16, 2013 The driveway situation possibly moving it closer to the street. Doesn't matter to me either way. I would like to comply with the 30 foot setback off the street to go with the back. The other difficulties of this Property these, I'm very well aware of this, there is no sewer/water stubbed to the property. It's out in the street. I visited with staff on several occasions here. There's a WAC and SAC charge of about $8,200 to go with this in addition to cutting into the street and bringing the sewer service and the water service to the property. Aller: Well I can't help you with the numbers but... David Moore: No, I'm just saying it's what I'm trying to deal with here and I understand the whole situation. I'm not new to the building industry. Aller: Great. Well thank you very much. Does anyone have any questions? David Moore: I guess I'd like to leave that, at least on the garage side. An 8 foot side yard application would have been great for only one reason. It gives the width of the bedrooms a 10 foot width dimension rather than reduce down to 9 foot in width. My architect has designed the house for me to cantilever this side of the house 18 inches which does not infringe on the hard cover whatsoever because it's above ground. It's a little more difficult to do on the gabled end of a house but it can be accomplished. The aesthetics and the architectural design would be impaired because of that. Aller: Thank you. Aanenson: I just want to get a clarification on the cantilever. You're getting a variance, when you're getting a variance, you can't also double dip on a cantilever on a, when you're encroaching on. You're giving an 8 foot then you can't use a variance too so I guess it'd be instead of, I'm just trying to answer your question. So the way our ordinance is written right now, if you're getting a variance on a setback you can't also use the cantilever portion of it. We don't allow that. The way I understood it he was trying to see if he could get an 8 foot and then make sure, if you were to go that direction, that you couldn't also use a cantilever on that. David Moore: Okay. Aanenson: That would not be the floor plan in our packet. Aller: It's in the packet. Unless it's changed. Alright. Well then at this point I will open the public hearing and ... come forward speaking for or against the application for a variance on this property can do so at this time. Keith Peterson: Hi. My name's Keith Peterson. I live at 921 Hiawatha Drive. Aller: Welcome Keith. Keith Peterson: I guess the reason the neighborhood has kind of always been fired up about this lot. Back in '99 when the lot first came for sale, three of us over there called the City and the City told us it was not buildable. So we were going to buy the lot and divide it up so each of our lots would be bigger, closer to the size lots that should be in Chanhassen. Well then before we got the deal done somebody from the City buys it and all of a sudden it's buildable and so that's why we're very fired up. I can't believe the guy that sold the lot didn't sue the City because he sold this lot for $4,200 and $4,200 in Chanhassen you know doesn't buy much. It's a small lot. It shouldn't be a buildable lot. It should be made into, to make the lots more acceptable size for the houses that are actually there. And another thing 0 0 Chanhassen Planning Commission — July 16, 2013 I noticed, I wish I had more time to prepare but there's a letter from Anita saying that in '99 she was approved for variances. I don't recall that. The fast time I recall anything coming to the City was when she was trying to sell it for $21,000 to Habitat for Humanity without doing a thing. To me that's just pure profit. You're getting variances for profit and I don't, unless you have information that I don't have, I don't think it was ever approved in '99 because we didn't do the, the other one with Habitat until December of 2000. That's the first I recall. I don't know about you guys but, so there was just, just a lot of stuff that really ticked us off and now that it's reopened again they ended up approving, you know the Planning Commission denied it at first and then you guys didn't want to get sued, that's why we were told that they had to approve it but you should have gotten sued by the guy that sold the lot because he sold it for $4,200. We should have sued you because you lied to us. Not you in particular but so. So I think this variance, and another thing I don't understand is a self created hardship. When you buy a lot for $4,200 and try to sell it for $21,000, if you get the variance, I mean you know it's a small lot. I think the hardship was created by buying a lot like this. You know it should have been a non -buildable lot and that's what the City told everybody else so, I don't know we're just kind of fired up over there and that's just, I'm not sure what else I was going to say but I don't recall just recap. '99 I don't recall her ever getting approved and she didn't, it never came to you guys until she was trying to sell it and to me that's just pure profit and another thing that lot has been there since what, '99 she's owned it. It's never been mowed once. It looks like a jungle now and for her to be, now she's asking what, $29,000 for it? I mean this variance is just pure.profit and for a city employee to, nobody ever gave us a straight answer how it was unbuildable when we called but a city employee bought it so that's just kind of where we're, I'm coming from so I'm not sure what everybody else has to say but that's my piece. Aller: Thank you. Aanenson: Mr. Chair, in the background we gave the dates that, so there was a variance so. Aller: Right. Aanenson: ... nothing happens with a variance for one year then it becomes null and void but there was one approved. The first one was denied... Keith Peterson: In 2000. Aanenson: Yeah we do have in the background... Keith Peterson: It was 2000 and it was approved then in '99. Aanenson: 2001. Keith Peterson: Yeah. She said it was done in '99. Aanenson: Well I can't comment on the factual. I'm worried... Keith Peterson: Well she's saying she had it approved to make it look like it wasn't done for pure profit. Aller: Okay, I understand your position sir. Thank you. Anyone else? Wally Schwab: Yeah. My name is Wally Schwab. I live. Aller: Sorry? t4I Chanhassen Planning Commission — July 16, 2013 Wally Schwab: Wally Schwab. I live at 950 Carver Beach Road which is just east of the property in question. Most of what he said is true about the variances. She, Ms. Benson was granted a variance on the basis of to deny her the variance would be creating a hardship, which would result in a taking by the papers from the last time this came up. This now is not the case in this instance because the proposed new owner does not yet own the property. Therefore denial of the variance would not be creating a hardship. Myself and most of the neighbors to whom I have spoken have concerns about a house, a building of any size being crammed into a sub -standard sized lot. If you tour the area, all of the lots in that region are a full, at least a full 100 by 100. Some of them are more than 100 by 200. They're all nice, big sized lots with decent sized houses on them. Yes, there are smaller lots further down Carver Beach Road. These two lots were originally summer cabins. They've now become full time residences. To compare the use of them to this property I think is wrong. It just will not fit in our immediate neighborhood. If you tour the area, the lots are all, there's space. This is like that. It doesn't work. That's my concern. Aller: Thank you sir. Dick Roe: Dick Roe. I live 6771 Penamint. I'm right directly across from the driveway. My property and really at this point I wasn't for or against. I guess I just wonder how, if all the other homes on both sides are all single family, or not single family but just single story, how this in addition to getting approved, how they would allow a two story home, which would be the only one. Would stick up above the rest of the homes there. There isn't a two story home anywhere either direction so it's just a matter of, there's many things that he's asking for and I hadn't seen any prints or plans until tonight but I think that if somebody could meet all the 10 foot, 10 foot and they could do it on a single story then I would be for it. Aller: Thank you sir. Yes ma'am. Katie Eckhoff: I'm Katie Eckhoff and I live at 920 Hiawatha Drive. Aller: Welcome. Katie Eckhoff. And I haven't lived there as long as these folks have so we've been there for 5 years. 6 years actually and we, our biggest issue is that, you know we moved to Chanhassen because our neighborhood and the surrounding area has big lot sizes. That was a big factor for our family in moving to this community and I feel like to cram a house into that tiny, little lot is really going to take away the integrity of our neighborhood and what people are looking for in our neighborhood and I feel that it may detract from, it may bring our value of our house down by having this tiny, little house crammed in a lot where all the rest of the surrounding neighborhood has nice large lots and you know family friendly homes. This one's just, it just is not going to fit in I guess bottom line and I'm worried for the resale of our house down the road potentially and also like I said, you know if we want to live in a community where the houses were crammed in together we would have lived in Minneapolis. I mean we moved to Chanhassen, this community because it's a beautiful area and the lot sizes are large and that's what we were looking for for our family so I mean for what it's worth that's kind of my opinion and I just don't think it's a good fit for our neighborhood. Aller: Thank you. Anyone else wishing to come up speak for or against? Seeing. Keith Peterson: What was the original proposal on the house to be built that? Aller: My history was. 0 Chanhassen Planning Commission — July 16, 2013 Keith Peterson: Just a single story wasn't it? Aller: It was. Keith Peterson: What I recall is they approved a house that nobody would want to build just so they could get something approved and not get sued I guess. Audience: Should you let them know that... Keith Peterson: Oh yeah, she's been offered to sell that lot at a profit but not like she's trying to get now. Aller: Thank you. I understand that and for everybody's edification I can't control the marketplace and the committee's not here to look at the value of the property per se but the use of the property at this point which is the application before us and so that's what we're looking for and there's a certain structure that can typically be put on to a property when they combined lots that were platted, these were platted a long time ago so they're smaller lots so in order to get the value out of the properties owners are required to basically put those platted lots together in order to have a tax parcel and to build on them. Keith Peterson: You should tell the guy that's selling it that it's a buildable, not buildable. Aller: But that's the person's right and that's one of the reasons why the property has a value. A person has a right to using that to the best of their ability and for that size ... the best use. That's what we're trying to do is balance that between what we would like to do as a city and restricting those rights and what a homeowner wants to do with her property so. Keith Peterson: Well I'm sure you would have sold it for a lot more if you would... Aller: At this point I'm going to close the public hearing and we're going to let the applicant come forward and if you'd like to respond to any of the comments, that's fine. David Moore: I guess in some of the research I've done with the City as well on this property, it was one lot at one point and it was split prior to 1977. The abutting owner's property, 970 next to 960 was in fact 960 Carver Beach Road. The City did approve and did split along the way this lot. It's a lot of record and it should be buildable. As far as value, my bank's got this thing over $300,000. I don't know where the total values are on Carver Beach Road but I think that'd be on the top of the list right now. Aller: Okay. Any comments? Discussion. Questions. Any questions on the variance? Comments. I think that in looking at this, if we grant this motion we're allowing for the use of the property in a way which is less than, which was approved by prior Planning Commissions so I feel fairly comfortable with that. That being said I've looked at all the conditions and looked at the use that's been requested. I do believe that it's a hardship not of the owner's making but one of the nature of the property itself. I don't believe that it's necessarily for purposes of economics, solely for economics but actually use of the property to get the highest and best use of the property is obviously going to raise the value of the property. My hope is that it will raise the value of everyone's property if it's built. They still have the hoops to jump through if we grant the variance so I would be voting to approve. Any other comments? Questions? That being said, anybody who'd like to make a motion. I'd entertain a motion. Hokkanen: I'll make the motion. The Chanhassen Board of Appeals and Adjustments approve the 5.8% hard cover variance to permit the construction of a single family home subject to the conditions of the staff report and adoption of the attached Findings of Fact and Decision. Id Chanhassen Planning Co • • Commission — July 16, 2013 Aller: I have a motion. Do I have a second? Yusuf: Second. Aller: Any further discussion? I'll just say I believe that there are other variances that have been granted in that area that this would be in line with as stated in the report. Hokkanen moved, Yusuf seconded that the Planning Commission, as the Board of Appeals and Adjustments, approves a 5.8% hard cover variance to permit the construction of a single-family home subject to the following conditions and adoption of the attached Findings of Fact and Decision: The builder shall provide a tree survey as part of the building permit process. The builder shall try to preserve the trees at the perimeter of the property. 2. The building shall be limited to the split level house design. 3. The builder shall apply for a building permit and meet all requirements of said permit. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: BLUFF CREEK COTTAGES: REQUEST TO REZONE 8.9 ACRES OF PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8): SITE PLAN REVIEW WITH VARIANCES FOR THE CONSTRUCTION OF A SENIOR HOUSING FACILITY: AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. PROPERTY IS LOCATED NORTH OF PIONEER TRAIL AND WEST OF BLUFF CREEK BOULEVARD. APPLICANT: CHESTNUT GROUP, LLC. OWNER: JOHN KLINGELHUT4 PLANNING CASE 2013-08. Al -Jaffa Good evening Chairman Aller, members of the Planning Commission. The application is for a senior housing project, extended care. The site is located north of Pioneer Trail, west of Bluff Creek Boulevard. The existing zoning as well as the land use on the site, the 2030 Land Use Plan shows this area designed for development as medium density. Medium density allows for 4 to 8 units per acre. Types of development appropriate zoning for this type of land use would be an R-8, an RLM which allows for mixed types of low medium density or a planned unit development residential type of zoning. What the applicant is proposing to develop on this site is a single building which will contain 24 rooms. Individual rooms. The occupants of the building will be individuals that need assistance with their mobility. They will put a substantially less demand on the infrastructure of, on the infrastructure than a typical medium density type of development would. And for a continuing care facility the only type of zoning that is, that allows this type of use within the city is the R-8, which is the medium density. So with that said, what the applicant is requesting is a rezoning of the property from currently as I said it is zoned Agricultural Estate District. They are proposing to rezone it from Agricultural Estate to Medium Density which is R-8. They are also requesting a site plan approval for the construction of a continuing care retirement facility and a conditional use permit since the site falls within the Bluff Creek Overlay District. The only way you are allowed to develop within that area is if the City grants a conditional use. The current zoning of the site is Agricultural Estate District. The applicant is requesting they rezone it to Medium Density. That type of rezoning is consistent with the Land Use Plan and staff is recommending approval of this rezoning. It is compatible with the surrounding area. The area to the north of it has a medium density. The area to the east has 4 units per acre and then as we go into the Chaska portion of the CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2013-15 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, July 16, 2013, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance from Section 20-615 of the Chanhassen City Code to construct a single-family home on property zoned Residential Single Family (RSF) and located at 960 Carver Beach Road. Applicant: David D. Moore, Inc. Owner: Anita Benson. 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/2013-15 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. Robert Generous, Senior Planner Email: beenerousaa,ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on July 4, 2013) SCANNED 0 Generous, Bob From: Bartels, Stephanie Sent: Friday, June 28, 2013 11:45 AM To: Generous, Bob Subject: 960 Carver Beach Road Variance After reviewing the application for variance at 960 Carver Beach Road, the engineering department has no comments at this time. Thank you, Stephanie Bartels Stephanie Bartels, EIT Project Engineer City of Chanhassen sbartelsCa@ci.chanhassen.mn us P: 952.227.1165 / F: 952.227.1170 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 SCANNED Generous, Bob From: Littfin, Mark Sent: Tuesday, June 18, 2013 8:08 AM To: Meuwissen, Kim; Generous, Bob Subject: RE: City of Chanhassen Referral Request for Moore Variance Request at 960 Carver Beach Road No issues, no concerns. Mark From: Meuwissen, Kim Sent: Monday, June 17, 2013 4:12 PM To: Fauske, Alyson; Bartels, Stephanie; Jeffery, Terry; Hoffman, Todd; Littfin, Mark; Mohn, Jerry; Sinclair, Jill Cc: Generous, Bob; Ingvalson, Drew Subject: City of Chanhassen Referral Request for Moore Variance Request at 960 Carver Beach Road City staff: A copy of the referral document and location map are attached. Please review the project information and referral documents from the following link: http://www.ci.chanhassen.mn.us/2013-IS • Please respond with comments no later than July 5, 2013 to (replies to this email will automatically be redirected to Robert Generous): Robert Generous, Senior Planner 952-227-1132 bgenerous(@ci.chanhassen.mn.us Kirit Meuwissen CITY OF CHANHASSEN Planning Secretary• 952-227-1107 kraernri ssemi', i. �hunhussun. rine. xs ©Find us on Facebook SCANNED 0 9 Generous, Bob From: Mohn, Jerry Sent: Tuesday, June 18, 2013 3:45 PM To: Meuwissen, Kim; Generous, Bob Subject: RE: City of Chanhassen Referral Request for Moore Variance Request at 960 Carver Beach Road No comments at this time. Jerritt Mohn Building Official City of Chanhassen From: Meuwissen, Kim Sent: Monday, June 17, 2013 4:12 PM To: Fauske, Alyson; Bartels, Stephanie; Jeffery, Terry; Hoffman, Todd; Littfin, Mark; Mohn, Jerry; Sinclair, Jill Cc: Generous, Bob; Ingvalson, Drew Subject: City of Chanhassen Referral Request for Moore Variance Request at 960 Carver Beach Road City staff: • A copy of the referral document and location map are attached. • Please review the project information and referral documents from the following link: http://www.ci.chanhassen.mn.us/2013-15 • Please respond with comments no later than July 5. 2013 to (replies to this email will automatically be redirected to Robert Generous): Robert Generous, Senior Planner 952-227-1132 bgeneroust@ci.chanhassen.mn.us Kim Meuwissen CITY OF CHANHASSEN Planning Secretary 952-227-1107 kmemeissem7i`ci. chanhassen.nm. us ®Find us on Fatebook SCANNED 0 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 06/18/2013 1:19 PM Receipt No. 00222773 CLERK: ashleym PAYEE: David D Moore 3811 Williston Road Minnetonka MN 55345 - Moore Variance Request 960 Carver Beach Road Planning Case 2013-15 ------------------------------------------------------- Variance 250.00 Notification Sign 200.00 Total Cash Check 3046 Change 450.00 0.00 450.00 0.00 13-6 SCANNED 11 MOORE VARIANCE REQUEST -960 CARVER BEACH ROAD PLANNING CASE 2013-15 $200.00 Variance $200.00 Notification Sign $50.00 Escrow for filing fees (Variance) $450.00 TOTAL $450.00 Less Check 3046 FROM David D. Moore, Inc. $0.00 BALANCE REMAINING TO BE PAID 0 Date: June 17, 2013 City of Chanhassen 7700 Market Boulevard P.O. Boa 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department 0 Review Response Deadline: July 5, 2013 By: Robert Generous, Senior Planner Subject: %0 CARVER BEACH ROAD: Request for a variance from Section 20-615 of the Chanhassen City Code to construct a single family home on property zoned Residential Single Family (RSF) and located at 960 Carver Beach Road. Applicant: David D. Moore, Inc. Owner: Anita Benson Planning Case: 2013-15 PID: 25-1600850 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on June 14, 2013. The 60 -day review period ends August 13, 2013. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on July 16, 2013 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 5, 2013. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Arany 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 (CenturyLink) 10. Electric Company (Xcel Energy) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED 1i Carver County, MN . ..- 'fir' .n: 71, ai Willy 41'.Ii9Y+.r Property Information Parcel ID: 251600850 AS400 Acres. Taxpayer Name. ANITA BENSON Homestead. N Taxpayer Address: 43179 80TH ST State s Gry County. State. aM Federal oRxxs IDm map n nd a School District: 0276 Taxpayer City St. Zip: JANESVILLE. MN surveyed or legally recwdeo map aro �s intended to ce uaeC as a 56048-1304 Watershed District: WS 062 MINNEHAHA reieren�a carver county is nor resppnsde nor any maccaaries CREEK Property Address: 960 CARVER BEACH RD contauted herein Tax Exempt: N Property City: CHANHASSEN Platname: CARVER BEACH GIS Acres: 0.13 oisdaimer mn map was aeateo uaag Carver eaary c�mgravnrc Map Scale N inrwmadm sntems �.9 ammp�aapna mmrmarlipanaeam npm State s Gry County. State. aM Federal oRxxs IDm map n nd a 1 inch=93 feet surveyed or legally recwdeo map aro �s intended to ce uaeC as a W E reieren�a carver county is nor resppnsde nor any maccaaries Map Date contauted herein 6/17/2013 S