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CAS-16_EMERSON VARIANCE - 8409 STONE CREEK COURTyf+ 6" On V", 275-3'2 s A --*73-5 Gnv4e J-4 L- r nu, 7 l tit, � Qrn 0 4 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2013-16 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 20, 2013, at TOO 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 covered front porch on property zoned Single Family Residential (RSF) and located at 8409 Stone Creek Court (Lot 1, Block 3, Stone Creek Fourth Addition). Applicant/ Owner: Steve & Peggy Emerson. A plan showing the location of the proposal is available for public review on the City's web site at www, ci.chanhassen.mmus/2013-16 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: bgenerousCaci.chanhassen. mn.us Phone: 952-227-1131 (Published in the Chanhassen Villager on Thursday, August 8, 2013 No. 4840) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. y was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefgh{jkhnnopgrstuv ryz Laurie A. Hartmann Subscribed and swom before me on this % day of 2013 N lic BARKOTA4ite 1i31r8 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 CITY OF CAANHASSEN 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: 952.227.1190 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 • MEMORANDUM TO: Planning Case File No. 2013-16 FROM: Drew Ingvalson, Planning Intern DATE: August 7, 2013 r� SUBJECT: Withdrawal of Development Review Application The 2013-16 Emerson Variance Request at 8409 Stone Creek Court in the form of relief from the 30 foot front -yard setback has been withdrawn due to information found in the Stone Creek Subdivision File (92-1 SUB). In the development plan it states that property on Lot 1, Block 3 of the Stone Creek 0 Addition may have a front yard setback as close as 20 feet due to the Tree Conservation Easement on their property. g:Vlan\2013 planning cases\2013-16 entetson variance -8409 stone creek court\rnemo to file 0"7-2013.doc Chanhassen is a Community for Lite - Providing for Today and Planning for Tomorrow SCANNED 0 0 /3-1( CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2013-16 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 20, 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 covered front porch on property zoned Single Family Residential (RSF) and located at 8409 Stone Creek Court (Lot 1, Block 3, Stone Creek Fourth Addition). Applicant/Owner: Steve & Peggy Emerson. 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/2013-16 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: b¢enerousna.ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on August 8, 2013) SCANNED Date: July 23, 2013 • City of Chanhassen •� 7700 Market Boulevard ((;` P.O. Box 147 Chanhassen, MN 55317 r n (952) 227-1100 1 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: Friday, August 9, 2013 By: Robert Generous, Senior Planner Subject: Request for Variance from Section 20-615 of the Chanhassen City Code to construct a covered front porch on property zoned Single Family Residential (RSF) and located at 8409 Stone Creek Court (Lot 1, Block 3, Stone Creek Fourth Addition). Applicant/Owner: Steve & Peggy Emerson Planning Case: 2013-16 PID: 25-8140150 The above-described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 19, 2013. The 60 -day review period ends September 17, 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 August 20, 2013 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 9, 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 L Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED Carver County, MN Dts ap » f mm map was aeated using carer county s Gr —pnK Map Scale N Information Systeme (GIS). n is a con Wtiol of nfomlatsai aM data horn nanous City.cwnty. State. and Federal olnces T fs map Is not a 1 inch = 87 feet surveyed egacy or lrecorded map ap aIs Inteto Ge used as a W �E rerermce .1ICarverCounrylsratresponsidelorany inacaraaes nevem Map Date 7/23/2013 S 0 Ingvalson, Drew From: Generous, Bob Sent: Tuesday, July 30, 2013 8:43 AM To: Ingvalson, Drew Subject: FW: Planning case 2013-16 - Emerson From: Jeffery, Terry Sent: Thursday, July 25, 2013 3:07 PM To: Generous, Bob Subject: Planning case 2013-16 - Emerson :.r I have saved my memo in the planning folder. I have no comments. Terry Terrance Jeffery I Water Resources Coordinator City of Chanhassen I Engineering Department 7700 Market Boulevard I Chanhassen, MN 55317 DESK 952.227.1168 1 MAIN 952.227.1160 SCANNFi 0 O Generous, Bob From: Littfin, Mark Sent: Thursday, July 25, 2013 To: Generous, Bob Subject: Planning case 2013-16 Bob, I have no issues or concerns. Mark WarkGittfin Chanhassen Fire Marshal 7700 Market Blvd. PO box 147 Chanhassen MN. 55317 Direct 952.227.1151 Fax 952.227.1190 11:13 AM planning case 25-8140150. Cover a porch SCANNBO Date: July 23, 2013 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: Friday, August 9, 2013 By: Robert Generous, Senior Planner Subject: Request for Variance from Section 20-615 of the Chanhassen City Code to construct a covered front porch on property zoned Single Family Residential (RSF) and located at 8409 Stone Creek Court (Lot 1, Block 3, Stone Creek Fourth Addition). Applicant/Owner: Steve & Peggy Emerson Planning Case: 2013-16 PID: 25-8140150 The above-described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 19, 2013. The 60 -day review period ends September 17, 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 August 20, 2013 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 9, 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 L Water Resou vi}s� Coordinator g. Forester NOCio.1vInWM10-0 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint(United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED Carver County, MN Dre aimer TNsrnapw„veatvuvrgCanerC.UW.Geog Ph. Map Scale IN Inb atro Systems (GIS(. 4 u a oxngmeon of alromnnon aM Eb from yarbus Cary County. Sate.a Federal oflcea. Tim mapanpfa finch =87 feet suneye a kgaly rec«6en map a a wlemaeu b ee uee as a wE reference cover County m M respons(Ele hx ry namxatlee mnfa�nea �ere� Map Date 7/23/2013 S 0 MEMORANDUM TO: Robert Generous, Senior Planner FROM: Jerritt Mohn, Building Official DATE: July 23, 2013 0 SUBJ: Review of variance request to construct a covered front porch at 8409 Stone Creek Court. Planning Case: 2013-16 I have reviewed the request and have the following comments: Building permit(s) and approvals required. GAPIAN\2013 Planning Ca \2013-16 Emerson Vatiance-8409 Sto Cnxk CowtWuildingof6cialcom ts.doc SCANNE0 x 9'yH ASS Date: July 23, 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 Review Response Deadline: Friday, August 9, 2013 By: Robert Generous, Senior Planner Subject: Request for Variance from Section 20-615 of the Chanhassen City Code to construct a covered front porch on property zoned Single Family Residential (RSF) and located at 8409 Stone Creek Court (Lot 1, Block 3, Stone Creek Fourth Addition). Applicant/Owner: Steve & Peggy Emerson Planning Case: 2013-16 PID: 25-8140150 The above-described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 19, 2013. The 60 -day review period ends September 17, 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 August 20, 2013 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 9, 2013. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official L Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint(United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegascw SCANNED I tl � s •' n t ,PC- Carver County, MN Property Information Parcel ID. 258140150 AS400 Acres Taxpayer Name: STEVEN M 8 MARGARET F EMERSON Homestead: Y Taxpayer Address. 8409 STONE CREEK CT School District. 0112 Taxpayer City SL Zip: CHANHASSEN, MN 55317-7408 Watershed District. WS 064 RILEY PURG BLUFF CREEK Property Address: 8409 STONE CREEK CT Tax Exempt: N Property City: CHANHASSEN Platname: STONE CREEK FOURTH ADDITION GIS Acres. 0.29 tW Jamer. Tha rtup wav create a Caner C.nt, GaograpW InNmaWn systems (GIs), it m a c Plation of informat.aM dala b Va CIry.County, stage. aM Federal offices rhes map u nd a suveyed or legally rem map aM m inteMM to ce used as a rMarence. Ca County is not re sid nacauades msanM 1w. Map Scale N 1 inch = 87 feet Map Date W E SCANNED 7/23/2013 S Carver County, MN 3 i •.W7 INN tri` h i�'• � , (� 1 1 t sit r �yw 7. y . q. 6 8109 Y fi!iV 8410° ` \ 2�2 2000 y • 8129 20rii 8126 Property Information Parcel ID: 258140150 AS400 Acres: Taxpayer Name: STEVEN M & MARGARET F EMERSON Homestead: Y Taxpayer Address: 8409 STONE CREEK CT School District. 0112 Taxpayer City SL Zip: CHANHASSEN, MN 55317-7408 Watershed District: WS 064 RILEY PURG BLUFF CREEK Property Address: 8409 STONE CREEK CT Tax Exempt: N Property City: CHANHASSEN Platname: STONE CREEK FOURTH ADDITION GIS Acres: 0.29 Disclaimet. inns map was aestea using caner C tys Geographw Map Scale N Information Spiems (GIS). 4 h a complalon of information and data born various CM county, state, and Federal otsces. This map is not a 1 Inch = 87 feet m eysd a "ally remrddd map and is intendeol to oe usM as a WE SCANNED nsweze. Carver county * W responside for any n arta es Map Date cdntainM here.. 7/23/2013 S PLEASE PRINT 0 0 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No..�G13 )lo CITY CIF CHANHASSEN RECEIVED JI -JL 15 2013 CHANHASSEN PUNNING DEPT Arpplicant Name nd Address: Property Own Name and Address: n A f:4.. rAVZS�'^ SkEvt 0. -%51 %w,n/-.I C: �tU cl �7t.,. (_✓' Cur ✓` pgocl K Co,_ Ctvi�h0.SseyLtr `S3t7 Clea,. h c �e.� vol ,S S3_ Contact: Contact: Si-e,,e Cwera� Phone:& la-_? do -I dYy Fax: Phone: 41 d-7 Lt -1 Ss Y Fax: Email: SZvVne-rSz�Lr'1+ct _S C.oN-. Email: Seweer;5,,,,1PcQt�, NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development` Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision` Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply( / Variance (VAR)c r Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign$22 (City to install and remove) X Escrow for Filing Fees/Attorney Cost*` 45QCUP/SPR/VAC*�AP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ � ')C, e r Il 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 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. 0 0 PROJECT NAME: E MP� fr ci: nip LOCATION: $x cy9 S knna ,rPv r Calr �- LEGAL DESCRIPTION AND PID: 5-R14o Iso TOTAL ACREAGE: • a9 WETLANDS PRESENT: YES X. NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: i Sfaec is 1 Law lwr n i a REQUESTED LAND USE DESIGNATION: OA REASON FOR REQUEST: �%/LYth vita b c aas—lrn. .1- re �-iu'A AW FOR SITE PLAN REVIEW: Include number of existing employees: rJ A and new employees: /A This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signatureur/ooff Applicant Date / /L�, fo'c� %-/2-l/ Signature of Fee Owner Date SCANNED g.\plan\rorms\development review applicationAcc 0 1 Introduction 0 This variance is requested on behalf of Steve and Peggy Emerson at 8409 Stone Creek Court, Chanhassen, Minnesota. Additional supporting material can be found in Exhibits 1-3 at the back: • Exhibit 1: Chanhassen City Code, Sec. 20-58. - General conditions for granting. • Exhibit 2: Chanhassen City Code, Chapter 20 — Zoning, Article XXIII — General Supplemental Regulations, Division 1. Documents previous city code allowances which support the grant of this variance. • Exhibit 3: Photographs of current front elevation showing location of proposed addition • Exhibit 4: Letter from Neighbors in support of project 2 Description of Variance Request The proposed project for which a variance is being requested is the addition of a covered (but not enclosed) front porch. The addition of the front porch consists of 3 separate parts: 1) Extension of existing front stoop out to the edge of the garage. The current stoop extends from the house a distance of 4'-4". 2) Addition of a small roof to cover the existing stoop. 3) Addition of a small roof to cover the stoop extension. The new roof covering the existing stoop and the new roof to cover the new stoop extension would be supported by pillars so as to be architecturally consistent with the existing house design. Figure 1 and Figure 2 below show the existing front elevation design without the front porch and; the proposed (added) front porch. Figure 2 also shows additional remodel of the garage which is not part of this variance request. A variance is required because the existing stoop extends into the 30' setback area as does the proposed front porch and covering roof. SCANNED Figure 2-1. Existing Front Elevation of House F -- Figure 2-2. Figure 2. Proposed Front Elevation of House (with covered, but not enclosed front entrance) CA E 3 Design Details of Proposed Front Porch Addition Several pictures are shown below of the proposed front porch addition. Figure 3-1 below shows the overhead view of the 1st floor of the existing house. You can see the area labeled "Existing Entry" which is where the new porch will be attached. The existing stoop will not be modified in any way, however the front edge will be extended straight towards the garage. Figure 3-1. Top level view of current house Figure 3-2 below shows the same overhead view of the 1st floor of the existing house with the addition of the "New Covered Entry". You can see from this picture that the existing stoop is still as previous and has only been extended toward the garage. You can also see 3 posts that will be used to support the overhead roof line covering both the existing stoop and the new covered entry area. SCANNED LL uwnow wm � .. r I I EI]STM� fMm I I I I I I I I I I I I s. xa Figure 3-1. Top level view of current house Figure 3-2 below shows the same overhead view of the 1st floor of the existing house with the addition of the "New Covered Entry". You can see from this picture that the existing stoop is still as previous and has only been extended toward the garage. You can also see 3 posts that will be used to support the overhead roof line covering both the existing stoop and the new covered entry area. SCANNED Figure 3-2. Top level view of proposed front porch Figure 3-3 below shows the front elevation of the completed front porch entry. You can see from this picture that the existing stoop and stoop extension has now been covered with a small roof. From the side of the garage you can see the new roofline extends only a few feet beyond the front edge of the garage. Figure 3-4, 3-5, and 3-6 below have the dimension details of the existing stoop, covered stoop extension and side view. Figure 3-3. Front Elevation of proposed addition. I m Q EXISTING ENTRY lo -81 Figure 3-4. Existing Entry Detail • W -O* Figure 3-5. New Covered Entry Detail SCANNED 0 0 5{' Figure 3-6. Side view details of front porch SCANNED 0 4 Supporting Reasons for Granting Variance 0 The Emerson's are the original owners of the property and had the house built in 1992. The table below shows a summary of the conditions for granting a variance and the reasons why, for this project, these conditions are met. Moreover, Exhibit 2, Chanhassen City Code 20-908, section 5.f.1 provides an allowance for homes built prior to 1987 "to add an open porch as an architectural feature", in the exact way that is proposed as part of this variance request. Although the full city code for 20-908 is listed in Exhibit 2, the portion of code (5.f.1) applicable here is listed below. f. The intent of this section is to allow homes built Prior to February 19, 1987, to add an oxen Porch as an architectural feature to define the entrance into a residence or update a front elevation. 1. Homes built prior to February 19, 1987, may have open porches and/or ba/conies that encroach into the reouired front yard a distance not exceeding ten feet provided they maintain a minimum front yard setback of 20 feet. The ten feet shall include the roof line, support columns and steps This area shall not be enclosed nor screened with mesh, g/ass, or other similar material. Homes that are on the national register listing or have been considered eligible for listino on the national register shall be excluded from this ordinance unless approved by the national historical registrar's office. The homeowner believes the conditions for granting the variance have been met. Conditions for Granting Variance Emerson Project Request Section 20-58 (1) Variances shall only be permitted when they Criteria Met. The variance request of the addition are in harmony with the general purposes and of a front porch is in harmony with the general intent of this chapter and when the variances are purposes and consistent with the comprehensive consistent with the comprehensive plan. plan. (2) When there are practical difficulties in Criteria Met. There are no other options to complying with the zoning ordinance. "Practical adding a front porch (except to build into the difficulties," as used in connection with the setback area) which would otherwise comply granting of a variance, means that the property with the zoning ordinance. 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. (3) That the purpose of the variation is not based Criteria Met. The purpose for the variance upon economic considerations alone. request is improve the safety of the front entrance from ice build-up by covering the existing stoop and to improve the front entrance by adding a covered stoop from the edge of the driveway. The proposed addition also improves the aesthetics of the house in making it more visually appealing from the street. 0 0 (4) The plight of the landowner is due to Criteria Met. The property upon which the house circumstances unique to the property not created was built is unique in that it is adjacent to a by the landowner. wetland and drainage area and a tree conversation area (see plot). The location of the drainage area and the tree conservation caused the entire house to be positioned to the front - right corner of the lot (towards the southwest corner of the lot) at the time it was built. The drainage on the northside of the property was such that during the home construction, the city chose to capture a stream which was flowing on the northside and direct into a storm sewer under the street. (5) The variance, if granted, will not alter the Criteria Met. The front porch addition will not essential character of the locality. alter the character of the locality. The homeowner has obtained signatures from existing neighbors that they are in agreement with and accepting of the variance request. See separate attached signed letter and Exhibit 3. (6) Variances shall be granted for earth -sheltered Criteria Met. This property is not an earth - construction as defined in M.S. § 216C.06, subd. sheltered construction. 14, when in harmony with this chapter. KAMM • Exhibit 1 Sec. 20-58. - General conditions for granting. A variance may be granted if all of the following criteria are met: 0 (1) 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. (2) 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. (3) That the purpose of the variation is not based upon economic considerations alone. (4) The plight of the landowner is due to circumstances unique to the property not created by the landowner. (5) The variance, if granted, will not alter the essential character of the locality. (6) Variances shall be granted for eartb-sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter. SCANNED Exhibit 2 Chanhassen City Code, Chapter 20 - Zoning, Article XXIII - General Supplemental Regulations, Division 1 Sec. 20-908. - Yard regulations. The following requirements qualify or supplement district regulations. Yard measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications: (1) Every part of a required yard or court shall be open and unobstructed. (1) A yard, court or other open space of one building used to comply with the provisions of this chapter shall not again be used as a yard, court or other open space for another building. (3) Except as provided in the business, industrial and office districts, the front yard setback requirements shall be observed on each street side of corner lot; provided, however, that the remaining two yards will meet the side yard setbacks. (4) On double frontage lots, the required front yard shall be provided on both streets. Whenever possible, structures should face the existing street. (5) The following shall not be considered to be obstructions (variances granted from a required setback are not entitled to the following additional encroachments): a. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features may project a distance not exceeding two feet six inches; fire escapes may project a distance not exceeding four feet six inches; an uncovered stair and necessary landings may project a distance not to exceed six feet provided such stair and landing shall not extend above the entrance floor of the building; bay windows, balconies, open porches and chimneys may project a distance not exceeding three feet; unenclosed decks and patios may project a distance not exceeding five feet Other canopies may be permitted by conditional use permit. b. The above-named features may project into any required yard adjoining an interior lot line, subject to the limitations cited above. C. Porches that encroach into the required front yard and which were in existence on February 19, 1987, may be enclosed or completely rebuilt in the same location provided that any porch that is to be completely rebuilt must have at least a ten -foot minimum front yard. d. Subject to the setback requirements in section 20-904, the following are permitted in the rear yard: Enclosed or open off-street parking spaces; accessory structures, toolrooms and similar buildings or structures for domestic storage. Balconies, breezeways and open porches, unenclosed decks and patios, and one-story bay windows may project into the rear yard a distance not to exceed rive feet. e. Into any required front rear, or side yard., driveways, sidewalks, fences and retaining walls. f. The intent of this section is to allow homes built prior to February 19. 1987, to add an open porch as an architectural feature to define the entrance into a residence or update a front elevation. 1. Homes built prior to February 19, 1987, may have open porches and/or balconies that encroach into the required front yard a distance not exceeding ten feet, provided they '50ANNIELI maintain a minimum front yard setback of 10 feet. The ten feet shall include the roof fine, support columns and steps. This area shall not be enclosed nor screened with mesh, olass, or other similar material. Homes that are on the national reoister fisting or have been considered eligible for fistino on the national reoister shall be excluded from this ordinance unless approved by the national historical registrar's office. (6) The placement of any structure within easements is prohibited, except for those structures specified herein. Fences, retaining walls, nonstructural fire pits, sidewalks, pathways, and patios not integral to the principal structure (the first ten feel adjacent to the principal structure shall be considered integral), and other encroachments may be allowed within an easement with an encroachment agreement if they do not alter the intended use of the easement and at the discretion of the community development director or designee. A driveway or sidewalk from the street to the house crossing drainage and utility easements at the front of the property are exempt from this requirement. (7) Buildings shall not encroach in to any gas transmission pipeline easement Additionally, all buildings shall maintain a minimum 20 -foot setback from the gas transmission pipeline easement. SCANNED 0 0 Exhibit 3 See pictures below of several angles of the current house front elevation where the proposed front porch is to be added. Figure 4-1. Angled View showing location of proposed porch addition. Figure 4-2. Current View of Front Elevation SCANNED To: Chanhassen Planning Commission Date: July 7, 2013 Re: Variance Request for Emerson Remodeling As neighbors of Steve and Peggy Emerson at 8409 Stone Creek Court, Chanhassen, MN, we understand they are requesting a variance on their property to add on a front porch. We have reviewed their plans, understand the request and are in support of the city planning commission granting their variance request Proposed Proiect The proposed project for which a variance is being requested is the addition of a covered (but not enclosed) front porch. The addition of the front porch consists of 3 separate parts: 1) Extension of the existing front stoop out to the left edge of the garage. The current stoop extends from the house a distance of 4'-4". The forward edge of the extension would be even with the existing stoop. 2) Addition of a small roof to cover the existing stoop. 3) Addition of a small roof to cover the stoop extension. The new roof covering the existing stoop and the new roof to cover the new stoop extension would be supported by pillars so as to be architecturally consistent with the existing house design as well as houses in the immediate neighborhood. Figure 1 and Figure 2 below show the existing front elevation design without the front porch and the proposed (added) front porch. A variance is required because the existing stoop extends into the 30' setback area from the street. Figure 1. Existing Front Elevation of House SCANNED 0 Figure 2. Proposed Front Elevation of House (with covered, but not enclosed front entrance) There are additional improvements to be made to the existing property that are not part of this variance request and will not require a variance (see garage addition in figure 2). A separate permit request will cover those additions. Please feel free to contact us if needed to help support this variance request. Sincerely, Jared and Kim Gehle 8410 Stone Creek Court ChanhaWn, Mn, 55317 Tom and Jessica Thompson 8429 Stone Creek Court Chanhassen, Mn, 55317 Ralph and Cathy Cadmus 8426 Stone Creek Court Chanhassen, Mn, 55317 SCANNED SEP. -0 10 14 CITY OF A P. S. TEL:612 934-� P. 008 & PROVED '- FOR: HANS 'HTAGEN HOMES BY: -L"sf^u TYPE 1 �8-.st... �a-^-zP-aL - DEP .4 '1 ¢toa To Ef�a�arte, fiKa MAtNTl31rd Vmvu, Lor lc Fj V&tAr^rta. ► 7177 g, 1 /�'� Y't,�10►t fi_ .i TE *P! ORTHa3c `B: z ` q� yvi��- w� C DEA 2E Fi f 9,3fl 6ti!P � d -slca•I DA3 y APPR CD w N z r— ,m DRAINAGE 9 flUTY EASEMENTR c z t 0 DATE: t z 3-�—c°r ttiB �- 2� it�GK\ BY: l�tii 1 ' � �+ ;w. D.) 1 r N, _ 28 s I 49.30 0 ar, 20 o" = uoc 4 F � ` - � E 2 - �n4�S `lJ y $ a $I° J 1 � + � � Zr51. � 0. 26.0 a 'Pr^^o��o''o--setl to 2 u ,•I - - .�r T U Ne PT• � � � cY •, 24.3} t I / PT.,110 I \r 937! 32. D 9 alu\ _S8357'53'• E TEi I \ �i VAn �CA W T v 1 r CnNTA cr-DEVELa'ER S ` UTI CtTy LecPT�o+tS, ^1�' ! Cy v �, q F,r DIAG: 34.3X78=85.2Jq f TV I�JT PROF�4 I FVATION�: ENOTEn WOOD HUB AT 11 FOOT OFFSET. Lot 1, Block 3, STONE CREEK FOURTH ADDITION, Con Scale 1-= 30'0 Denotes Iron Monument Set I r Denotes Iron Mo Bearings shown are on an assumed datum, I Drawn By OANO We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and of the location of all buildings, if any, thereon, and ail Isib'e encroachments, if any, from or on said land. / E. ¢RU A INC. Dated this L�doy of a CLS 194a ByMinrivs6tiF Req. No. /77G County, Minnesota MAY 3 lent Found IJoc No. 8414 Book _ Face _ I Disk B- G. RX; 4 eoN8, (NC LAND eURVEYCRS 9182 LEXINGTCN AVE. NO. CIRCLE PINES, MINNESOTA 55214-3625 TEL, 186-5556 I SCANNED sl I Q.- r� GARAGE FLOOR '- 938.8 l 023 DENOTES PROPOSED ELEVATION. TOP OF WALL LOWEST FLOOR 939.2 = 93I.5 � X1011.2 DENOTES EXISTING ELEVATION. TDP OF FOOTING��='" 9'1.2 ® DENOTES DIRECTION OF DRAINAGE. �o?8FV TV- r'lee A't-eci ENOTEn WOOD HUB AT 11 FOOT OFFSET. Lot 1, Block 3, STONE CREEK FOURTH ADDITION, Con Scale 1-= 30'0 Denotes Iron Monument Set I r Denotes Iron Mo Bearings shown are on an assumed datum, I Drawn By OANO We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and of the location of all buildings, if any, thereon, and ail Isib'e encroachments, if any, from or on said land. / E. ¢RU A INC. Dated this L�doy of a CLS 194a ByMinrivs6tiF Req. No. /77G County, Minnesota MAY 3 lent Found IJoc No. 8414 Book _ Face _ I Disk B- G. RX; 4 eoN8, (NC LAND eURVEYCRS 9182 LEXINGTCN AVE. NO. CIRCLE PINES, MINNESOTA 55214-3625 TEL, 186-5556 I SCANNED sl I L'A"VCnGUUn I TAXPAYER SERVICES D1' TMENT Laurie Engelen, Mana 600 East 4th Street, P.O. Box 69 Chaska, MN 55318-0069 952-361-1910 • www.co.carver.mn.us For 7-ps (dhwe", online services visit our website at www.co r mn s ayyourlazes odineignup for our Taz Payment Reminder Property ID #: 25.8140150 Taxpayer: STEVEN M & MARGARET F EMERSON 8409 STONE CREEK CT CHANHASSEN MN 55317-7408 Iluurlls��I�rll�ll��r��IIIIJs�dl�llur�l�n�hlrlll�lurlull Bill* 422522 Property STONE CRE15 EK FOURTH AD116 DIT23 ION Lot 001 Bock 003 Desc: Pro any 8409 STONE CREEK CT Address: CHANHASSEN MN55317-7408 PROPERTY TAX STATEMENT PROPERTY TAX VALUES & CLASSIFICATION Taxes Payable Year: 2011 2012 Estimated Market Value: 409,200 389,500 Improvements Excluded: Homestead Exclusion: N/A 2,200 Taxable Market Value: 409,200 387,300 New Improvementsl Expired Exclusions: Property Classification: Res Hstd Res Hstd You may be eligible for one or even two refunds to reduce your property tax. REFUNDS Read the back of this statement to find out how to apply. A copy of your tar sfatenrl can be prWalf from our website. s Payable Year. 1. Use this amount on Form M1PR to see if you are eligible for a property tax refund. F1File by August 15. If this box is checked, you owe delinquent taxes and are not eligible. 2. Use these amounts on Form M1PR to see if you are eligible for a special refund erty Tax and Credits 3. Property taxes before credits 4. Credits that reduce property taxes A. Agricultural market value credit S. Other Credits 5,671.00 5,615.00 5,671.00 ` I `y A. CARVER COUNTY 1,707.52 1,687.93 Property ID#: 25.8140150 B. CO RAIL AUTHORITY 4.45 4.54 7. CityorTown CITY OF CHANHASSEN 1,087.63 1,105.04 8. State General Tax Bill #: 422522 PENALTY: TOTAL: 9. School District SD 0112 Eastern Carver County A. Voter Approved Levies 2,025.79 2,045.99 STEVEN M & MARGARET F EMERSON B. Other Local Levies 482.66 526.21 10. Special Taxing Districts A. Metro Districts 118.68 124.28 B. Others 127.45 134.47 C. D. 11. Non -school voter approved referenda levies 60.82 42.54 12. Total property tax before special assessments 5,615.00 5,671.00 3a sessments on our N, 13. Special assessments Interest: Principal: 25.00 25.00 25.00 RECYCLE MGT RESIAG 25.00 14. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS 5,640.00 5,696.00 PAYABLE 2012 2nd HALF PAYMENT STUB To pay online go to www.co.carver.mn.us TO AVOID PENALTY PAY ON OR BEFORE: October 15 Deliinquen payment ts cannot be paid�ortnea anent year ax payment. Property ID#: 25.8140150 PLEASE INDICATE YOUR ADDRESS CORRECTION ON REVERSE SIDE OF THIS PAYMENT STUB. OUR RECORDS INDICATE THAT YOUR TAXES ARE BEING PAID BY ESCROW COMPANY WELLS FARGO RE TAX SERVICE SECOND 1/2 TAX AMOUNT DUE: 2,848.00 Bill #: 422522 PENALTY: TOTAL: Make checks payable to and remit to: Taxpayer: SCANNED STEVEN M & MARGARET F EMERSON Carver County 8409 STONE CREEK CT P.O. Box 69 CHANHASSEN MN 55317-7408 Chaska, MN 55318-0069 1111111111111111'11111111I"IIIIIImIIIIIIIIIIIIIIIIIIIII11.11111 02 2012 258140150 000284800 0 Your cancelled check is proof of payment Please write your Property ID is on your check. Postdated checks are not held. Only official U.S. Postmark determines payment mail dale - No receipt sent unless requested and is and until dieck is honored. Manufactured Home taxes of S50.D0 or less and Real Estate taxes of $100.00 or less must be paid in full. If you pay your razes Late, you will be chargeo a penalty. See back for details. 0 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 07/16/2013 10:38 AM Receipt No. 00224999 CLERK: AshleyM PAYEE: Steven or Margaret Emerson 8409 Stone Creek Ct Chanhassen MN 55317- 8409 Stone Creek Court �i Variance ----------------------------------- 200.00 Notification Sign 200.00 Recording Fees 50.00 Total Cash Check 8118 Change 450.00 0.00 450.00 0.00 SCANNED