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CAS-20_WALL, DOUGLAS AND MARTHA17J 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. L -A RECEIVED NOV 2 6 2008 CITY OF CHANHASSEN Document No. T 168722 OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Check# 19685 Cert. # 33441 Fee: $ 4&00 Certified Recorded on 11-14-2008 at 09.00 PAM El Pm 2008-11-14 86 Cad W. Hanson, Jr. 1111111111111111111111111111111111111111 Registrar of Titles CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTTES, MINNESOTA VARIANCE 08-20 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby gnints the following variance: The Planning Commission, acting as the Board of Adjustments and Appeals, approves Planning Case 08-20 for a 15 -foot variance from the 30 - foot rear yard setback, on property located in the Single Family Residential (RSF) District, for the construction of a dining room addition and deck as shown on plans dated Received September 5,2008. The decision was not appealed to the City Council pursuant to Section 20-29(d); therefore, the granting of the variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lots 1081 through 1089, Carver Beach 3. Conditions. The variance approval is subject to the following condition: 1. The applicant must apply for a building 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: October 7,2008 SCANNED CITY OF CHANHASSEN BY: 40L--�� (SEAL) Thomas A. Furlong, Ma o r-'\ L� AND: L'J'tr Todd Gerhardt, City Manager STATE OF MNNESOTA ) (ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this 9P"&y of 2008 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. (_,,,POTAU PUBJLIC KAREN J. ENGELHARDT Notary Public- nne a 2010 My COMMMM E ��ij 310 DRAFIED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 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 E) Shop drawings [:1 Copy of letter 0 LETTER OF TRANSMITTAL DATE JOB NO� 10/28/08 108-20 ATTENTION Sue Nelson RE Document Recording N Attached Under separate cover via the following items: El Prints El Plans El Samples Specifications [I Change Order 0 Pay Request El — -&O—PIES DATE NO. DESCRIPTION 1 0/7/08 El Variance (Wall -Lots 1080 through 1089, Carver Beach) F1 Return FOR BIDS DUE For Recording PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: 0 For approval El For your use Approved as noted As requested El For review and comment F1 Return FOR BIDS DUE REMARKS COPY TO: Douglas & Martha Wall El Approved as submitted El Resubmit El Approved as noted El Submit El Returned for corrections F1 Return For Recording PRINTS RETURNED AFTER LOAN TO US SIGNED: copies for approval copies for distribution corrected prints If enclosures are not as noted, kindly notify us at once. SCA14NEL CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 08-20 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Planning Commission, acting as the Board of Adjustments and Appeals, approves Planning Case 08-20 for a 15 -foot variance from the 30 - foot rear yard setback, on property located in the Single Family Residential (RSF) District, for the construction of a dining room addition and dock as shown on plans dated Received September 5, 2008. T'he decision was not appealed to the City Council pursuant to Section 20-29(d); therefore, the granting of the variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Nfinnesota, and legally described as follows: Lots 1080 through 1089, Carver Beach Addition 3. Conditions. The variance approval is subject to the following condition: 1. The applicant must apply for a building 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: October 7, 2008 0 CITY OF CHANHASSEN BY: � 4ZL---Ik (SEAL) STATE OF M]NNESOTA ) (ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this ew, of 2008 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. I I A DRAFTMBY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 2 KAREN J. ENGELWDT Notary Public-minnerota My Comm"" EXpi� JW 31, 2010 . I �ZA Senior Center Phone: 952.227,1125 Fax: 952,227.1110 Web Site wwwAchanhasseri SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 0 0 Recreation Center October 14, 2008 CITY OF a-n� Fax: 952.227.1404 Douglas and Martha Wall CHMNSEN 800 Carver Beach Road Planning & Chanhassen, MN 55317 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Re: Rear Yard Setback Variance — Planning Case #08-20 Fax: 952.227.1110 Dear Mr. and Mrs. Wall: Adminildration ig\plan\2008 planning cas"kO8-20 wall varianceMetiff of appmval.dm Phone: 952.227.1100 This letter is to formally notify you that on October 7, 2008, the Chanhassen Fax: 952.227.1110 Planning Comirnission approved Planning Case 08-20 for a 15 -foot rear yard Fax:952.227.1310 setback variance from the 30 -foot rear yard setback, on lots 1080 through 1089, Building Inspections Phi 952.227.1180 Carver Beach Addition, located in the Single Family Residential (RSF) District, for Fax: 952.227.1190 the construction of a dining room addition and deck as shown on plans dated Received September 5, 2008. Engineering Phone: 952.227,1160 The variance is subject to the following condition: Fax: 952.227.1170 Finance 1. The applicant must apply for a building permit. Phone: 952.227,1140 Fax:952.227.1110 The variance is valid for one year from the approval date. A building permit must be applied for prior to October 7, 2009 through the City's building department. If Park & Recreation you have any questions, please contact me at 952-227-1132 or by email at Phone: 952.227.1120 aauseth @ci.chanhassen.mmus. Fax: 952.227.1110 Senior Center Phone: 952.227,1125 Fax: 952,227.1110 Web Site wwwAchanhasseri SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Sincerely, Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 a-n� Fax: 952.227.1404 Angie Auseth Planning & Planner I Natural Resources Phone: 952,227.1130 c: Jerry Mohn, Building Official Fax: 952.227.1110 Building Permit File Pumic Worle; ig\plan\2008 planning cas"kO8-20 wall varianceMetiff of appmval.dm 1591 Park Road Phone: 952.227.1300 Fax:952.227.1310 Senior Center Phone: 952.227,1125 Fax: 952,227.1110 Web Site wwwAchanhasseri SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 0 0 06 �) Q) Planning Commission Meeting - October 7, 2008 Keefe: It's at their request. Laufenburger: It's at the applicant's desire or not. Keefe: To appeal it. If it's unanimous then that's not the case. Al-Jaff: You need three-fourths vote for a motion to pass and in this case it was three-fourths. Laufenburger: Three-fifths. A]-Jaff-. Three-fifths to deny and that's the motion on the record right now. Laufenburger: Okay. AI-Jaff: Should the applicant choose to appeal your decision, then they appeal it to the City Council and. Larson: Okay. Onto the next. PUBLIC HEARING: SINGLE FAMILY (RSF) LOCATED AT 800 CARVER BEACH ROAD. APPLICANT: DOUGLAS AND MARTHA WALL, PLANNING CASE 08-20. Public Present: Name Address Stan Ross, AE Architecture Douglas Wall 13860 Fawn Ridge Way, Apple Valley 800 Carver Beach Road Angie Auseth presented the staff report on this item. Keefe: So here's a question. On reasonable use, the definition of reasonable use here. This addition is required or fits within the definition of reasonable use. Is that the thinking? You know as sort of opposed to the one that we just visited where we're saying well, he's already got reasonable use of his property. Now we're saying, and we denied that because we say they already had reasonable use. Well, in this case they made a request or saying well there is a hardship here because yeah, the lot isn't deep enough but you know do they already have reasonable use of the, I guess that's the question. Do they already have reasonable use of it? Auseth: They do have a single family home and a two car garage. Keefe: Right. 19 8c"Hea Planning Commission M - October 7, 2008 0 Auseth: Uniquely to this situation is that this property does not meet the minimum depth requirement. Keefe: Okay. Larson: Kathleen. Thomas: And that's because, it doesn't meet the depth requirement because when it was built in 1995 that that was, no? No? Auseth: Because of the way that it was platted in 1927 where this public right-of-way, that determines where the front yard is so let's, if the property fronted on Carver Beach, the south where it says side yard, that would be the front. Opposite of that would be the rear yard so that's where the 30 feet would come in, and then the two other sides would be 10 foot setbacks. But that's not the case in this situation. That public right-of-way makes it a 30 foot front yard and a 30 foot rear yard on the west and east property lines. Larson: Kevin. Dillon: You know I don't have any questions right now. Larson: And you Denny. Laufenburger: None at this time. I -arson: I've got one. So with this, where the red slash marks are on your page 4. Once this is built, how much distance is there from the lot line. Auseth: 15 feet. Larson: 15. And in looking at this with the applicant, do you happen to know if they talked to their neighbors about it? If they had any issues with that or do you know? Auseth: I don't know if they had spoken with their neighbors or not. Staff did not receive any phone calls from anyone regarding this application. Larson: Because 15 feet seems awfully close. I would think there might be an issue with that but. Al-Jaff: Every individual homeowners within 500 feet of the subject property was notified. Larson: I see, okay. Al-Jaff. And that's why Angie was saying we have not heard from them. There was also a sign that goes up that says proposed development so there are a couple of ways to let the neighbors know that something is happening here. Contact city staff if you have any objections. 01 - .11 20 -1 Planning Commission Meefng - October 7, 2008 0 Larson: I see. Okay. Does anybody else have any questions for staff9 Keefe: Yeah, I just got to, I have to revisit this for a minute because I'm struggling a little bit because we denied the previous one because they already had, because we said that they already had reasonable use of the property. What we're saying here is that we will, we will grant these guys a variance because there is a hardship and the reason there's hardship is because there's not reasonable use of the property. Is that a fair way of stating it? I'm struggling with it a little bit. Larson: I struggled with that one too. Keefe: I do understand the lot depth issue and when it was platted and you know, they knew that when the house was built in '95. They built it within the setback requirements. I presume the setback requirements werr probably the same in '95. Auseth: Yes. Keefe: And now we're going to grant them a variance because we say there isn't reasonable use but having said that, they do have reasonable use. The house was built in '95. It's one thing if it was built in 1930. I'm just, if you can elaborate a little bit or give me some. Al-Jaff: There are multiple things that we look at in addition to reasonable use. The topography. The shape of the parcel. When we say this is 100 foot deep parcel and this is something that we have struggled with for many years. We've always had in-house discussions. We've come in front of the Planning Commission to discuss this issue. You have a subdivision that pre -dates the ordinance. Yet we are trying to have current setbacks, current ordinances. The 30 foot setback on this parcel has to be proportionate to the lot depth is what we're trying to get at. In the past we've come before you and we've reduced front yard setbacks in general in the Carver Beach area if anybody wants to add a front porch for instance. And the Planning Commission and City Council have seen the wisdom in that and they've said we agree with you. Do that. This somewhat falls into that category and when we talk about there is a hardship with the depth again, our intention is to keep the setback proportionate to the depth of this parcel. Laufenburger: Sharmeen is it true that, I think Angie said by definition the front yard is measured from the public right-of-way to the back lot. The 100 feet. Al-Jaff: Correct. Laufenburger: Okay. And what is the, what is the, what is the permittable, or what is the acceptable setback for a front yard setback and a rear yard setback? Auseth: 30 feet. Laufenburger: Okay. And what is the acceptable setback for a side yard? Auseth: 10 feet. 21 0 0 Planning Commission Meeting - October 7, 2008 Laufenburger: So if perchance we could just shuffle the words here and call the, what is currently labeled side yard. If we call that front yard. Saythatagam? Keefe: I said don't go there. Butno,goahead. Sorry. Laufenburger: But if that were the case, if in fact that fronted onto Carver Beach Road and that was by definition the front yard, then this applicant would not be here. Auseth: Right. Keefe: You're right. Laufenburger: Thank you. Larson: Okay. Anybody else want to ask anything? Okay. Have we got an applicant here that would like to present? Please state your name and address for the record. Douglas Wall: My name is Douglas Wall and I live at 800 Carver Beach Road and we basically bought the house a year ago and we've only lived there a year and we've talked to the neighbors who, if you look at the rear yard, what you consider the rear yard. Their house is probably less than 10 feet from the boundary. They've got a variance on record already and they said they fought with the city to get it. And they got it and they fully support our building a new addition so. And we've also argued with the city about since our address is technically Carver Beach Road, that side yard should be our front yard so we shouldn't really have to be here for this. But we are so, any questions? I mean I'll try to answer anything. Keefe: Well yeah, just a quick question. It doesn't make sense to add it, make an addition on the side yard, or to the, what direct would that be? Douglas Wall: Well if you go to the, where all the trees are. Keefe: Where all the room is. Douglas Wall: We thought about that except the two, that end of it is where the bedrooms are and this is a dining room so if we added up there it wouldn't make a lot of sense. Where we're putting it is right off of the kitchen and where the old dining room was which basically it's a dining room, kitchen and living room all one. I'm just trying to make that a little bit bigger. That's the idea so. Larson: And I agree. I think you know, I'm in agreeance with this whole aspect and everything. I just wish that, I mean it has nothing to do with you. It has everything to do with the, you know the person who built the house. That it was known that this was how big the lot was and here's your setback so why plan a house the way you do kind of just boggles my mind. Larson: Okay. Anybody else have any questions for the applicant? 22 Planning Commission Meting - October 7, 2008 Laufenburger: I have a couple. So you answered the one question. You bought it a year ago. Douglas Wall: Yep. Year and one month. Laufenburger: Who, what are the names of the people that live in the house just behind you? Douglas Wall: Oh geez, I should have brought that. Mike and, I can't remember. I should look at my list. Laufenburger: These are the people that you spoke with and they said. Douglas Wall: Mike and I think it's Randy or something like that. Yeah, they. Latifenburger: That's on Hopi Road? Douglas Wall: Hopi Road. Yeah they basically, when they bought that house it was just like a fishing shack and they've spent like, they said about 10 to 15 years adding on. They took a garage and built it bigger and. Laufenburger: Okay. The other question I have relates to the public right-of-way. That public right-of-way is kind of your front yard. Douglas Wall: That's what you consider, yes. Laufenburger: Do you care for that? I mean do you tend to that or is that, does somebody else care for that? Douglas Wall: That public right-of-way is actually just a bunch of trees. Laufenburger: Oh. DouglasWall: There'snoroad. There'sno. Laufenburger: So you don't have any use of that even. Douglas Wall: It's trees. I mean there's nothing that we, no. We can't drive on it. We can't do anything on it. Laufenburger: Alright. Douglas Wall: Actually we've even thought about having the city abandon it to the homeowners. So that might be the next project I go through. Laufenburger: Welcome to Chanhassen. We glad you live here. I hope you're glad that you live here too. That was my only question. Thanks Chair. 23 Planning Commission Melt - October 7, 2008 0 Larson: Alright. I don't have any questions at this time. Thank you very much. Douglas Wall: Thank you. Larson: At this time I will open up the hearing to the public. Does anybody have any comments? Questions. Alright. Don't all rush up. Okay, seeing nobody I will close the public hearing. Then discuss. Keefe: I'm having a little bit of issue with the, comparing the two and they're not really directly comparable but they're, the issue of reasonable use comes to mind here. So I'm struggling with that a little bit. I think you know one of the factors which comes into play here is the location and adjacency and how that, how it sits on this particular lot. And the orientation of this particular lot to the public right-of-way. So you know that could be maybe the issue which you know, I don't know if again that meets the definition of, you know if I can find where that sort of comes into hardship. I mean I do think that they have reasonable use of this house. You know I mean it's a relatively new house so I don't know I'm sure I'm buying that that's a hardship you know or if that's a reason for a hardship. But having said that, because of the orientation of this house and because of the, wherr this house kind of sits next to the public right-of-way, that maybe it's really more of a Carver Beach Road and if you change the front and side that he was referencing, then we would get over it. They wouldn't even be here so yeah. Food for thought. Larson: Okay. Kathleen. Thomas: I'm in support of this variance ... and so I do see as a hardship and I feel like it's tough when homeowners are put in a position from other homeowners... Larson: Kevin. Dillon: I think it just goes to show that each one of these things is unique and you know we get all spun up about setting precedence for this and precedence for that but there's no two situations are alike. And you know I mean, I know our houses on our neighborhood are like a lot closer together than this one so I don't have, no issues supporting the staff recommendation. Larson: Okay. How about you Denny? Laufenburger: I support it. Larson: Okay. Well my thoughts are, you know I guess it is a hardship because of the person who planted this house in the first place on this spot. I'm a little bit leery about the fact that it is very close to the lot line. 15 feet is very close but as Denny pointed out, if the. Dillon: If the tables were turned. Larson: If the house was turned, the directional however it's been characterized was turned, then it wouldn't be an issue so I think I will support of it as well so. Can I have a recommendation? 24 Planning Commission Meet - October 7, 2008 0 Thomas: ... suppose to close it again? Close it just to make sure. Larson: Alright, we're close. We're really closed. May I have a recommendation? Laufenburger: Madam Chairman. Chanhassen Planning Commission, I recommend, make a motion that the Chanhassen Planning Commission approves Planning Case 08-20 granting a 15 foot variance from the 30 foot rear yard setback requirement for the construction of a 15 by 15 foot dining room addition and deck on Lots 1080 through 1089 Carver Beach, subject to condition I which is application for a building permit and adoption of the attached Findings of Fact and action. Larson: Do I have a second? Thomas: Second. Laufenburger moved, Thomas seconded that the Chanhassen Planning Commission approves Planning Case 08-20 granting a 15 foot variance from the 30 foot rear yard setback requirement for the construction of a 15 x 15 foot dining room addition and deck, as shown on plans dated Received September 5, 2008, on Lots 1080 through 1089, Carver Beach, and adoption of the attached Findings of Fact and Action and subject to the following condition: The applicant must apply for a building permit. All voted in favor and the motion carried unanimously with a vote of 5 to 0. "PROVAL OF NHNUTES: Commissioner Laufenburger noted the verbatim and summary minutes of the Planning Commission meeting dated September 2, 2008 as presented, and summary minutes of the Planning Commission work session dated September 16, 2008 as presented. Chair Larson adjourned the Planning Commission meeting at 8:05 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim -Fxl 0 0 C)s - 2- C) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Douglas and Martha Wall for a 15 -foot rear yard setback variance for the construction of an addition and deck on a legal nonconforming lot of record — Planning Case No. 08-20. On October 7, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Douglas and Martha Wall for a 15 -foot rear yard setback variance from the 30 -foot rear yard setback to construct an addition and deck on a legal nonconforming lot of record at 800 Carver Beach Road, located in the Single Family Residential District (RSF) on Lots 1080 through 1089, Carver Beach. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT I . The property is currently zoned Single Faindly Residential (RSF). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.5 — 4 units per acre). 3. The legal description of the property is: Lots 1080 through 1089, Carver Beach Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. Finding: The literal enforcement of this chapter does cause an undue hardship. The property is a legal nonconforining lot of record, platted in 1927 with a lot depth of 100 feet, and predates the zoning ordinance. Based on the location of the public right-of-way and the required setbacks, the property does not meet the minimurn 125 -foot lot depth required in the RSF district. If the property met this standard, the applicant would not need a variance to construct the proposed additions. The Carver Beach Addition was platted in 1927; many SCANNED 0 0 of the properties within Carver Beach are legal nonconforming lots of record. Of the properties within 500 feet of the parcel, there are 20 properties that have been granted a variance from various setback requirements. Additionally, there are numerous structures which do not meet the setback requirement within the Carver Beach area, b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are not applicable to all properties that lie within the Single Family Residential District. The Carver Beach Addition is unique in and of itself as it was platted in 1927, prior to the adoption of the zoning ordinance. The subject site is unique due to the location of the public right-of-way, required setbacks and the layout of the home on the lot. While the applicant has reasonable use of the property with a single-family home and a two -car ganige, the lot is substandard in that it does not meet the minimum 125 -foot lot depth requirement in the RSF district. The subject site is less 25 feet of buildable space from the front yard to the rear yard of the property than a standard size lot. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the proposed home is not based on the desire to increase the value of the home. The property owners' intent is to add a dining area off the kitchen which is a reasonable arrangement. The expansion is located in the rear yard of the lot. If the property met the minimum 125 -foot lot depth, the applicant would be able to construct the addition and deck without variance approval. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged hardship is not self-created as the property is a nonconforming lot of record, platted in 1927, prior to the adoption of the zoning ordinance. The subject site does not meet the mininuint lot depth of the RSF district in the City Code. Tberefore, the distance from the front yard to the rear yard is 25 feet less than a standard lot. If the lot depth met the minimum requirement the applicant would be able to construct the proposed addition and deck without a variance. c. The granting of the variance will not be detrimental to the public welfare or injurious to other land or unprovements in the neighborhood in which the parcel is located. Finding: The granting of a variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Many of the properties within the Carver Beach Addition are substandard as Carver Beach Addition predates the adoption of the zoning ordinance. In addition, the site does not front on an improved street, and the setbacks are determined by the unimproved public right-of- way located on the west side of the property. While the expansion does not meet the rear yard setback requirement it is substantially below the permitted lot coverage. 2 9 0 f The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed home will not impair an adequate supply of light or air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or diminish property values within the neighborhood. 5. The planning report #08-20, dated October 7, 2008, prepared by Angie Auseth, et al, is incorporated herein. ACTION "Me Board of Adjustments and Appeals approves Planning Case #08-20 for a 15 -foot variance from the 30 -foot rear yard setback for the construction of a dining room addition and deck, as show on plans dated Received September 5, 2008, on Lots 1080 through 1089, Carver Beach Addition, based on these findings of fact." ADOPTED by the Chanhassen Planning Commission on this 7th day of October, 2008. gAplan\2009 plivning �\08-20 wall varianceTindings of fact.doc CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 10/08/2008 8:50 AM Receipt No. 0083219 CLERK: katie PAYEE: DOUGLAS WALL 800 CARVER BEACH ROAD CHANHASSEN MN 55317 PLANNING CASE #08-20 0 0 ------------------------------------------------------- GIS List 183.00 Total Cash Check 13050 Change 183.00 0.00 183 .00 ----------- 0.00 SCAtMED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 my of (952) 227-1100 CMSEN To: Stan Ross AE Architecture 5964 Oliver Avenue South Minneapolis, MIN 55419-2023 Invoice SALESPERS11t_ I DATE I I I TERMS — KTM 9/25/08 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 61 Property Owners List within 500'of 800 Carver Beach Road (39 labels) $3.00 $183.00 TOTAL DUE $183.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for October 7, 2008. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #08-20. If you have any questions concerning this invoice, callL (952)-227-1107. THANK YOU FOR YOUR BUSINESS! PROPOSED MOTION: "The Chanhassen Planning Commission approves Planning Case #08- 20 granting a 15 -foot variance from the 30 -foot rear yard setback requirement for the construction of a 15 x 15 foot dining room addition and deck on Lots 1080 thru 1089, Carver Beach, subject to condition I of the staff report, and adoption of the attached Findings of Fact and Action." SUMMARY OF REQUEST: The applicant is requesting a 15 -foot variance from the 30 -foot rear yard setback requirement for the construction of an addition and deck. LOCATION: 800 Carver Beach Road Lots 1080 through 1089, Carver Beach APPLICANT: Stan Ross Douglas and Martha Wall 13860 Fawn Ridge Way 800 Carver Beach Road Apple Valley, MN 55124-5034 Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential -Low Density (1.5 — 4 units per acre) ACREAGE: 0.41 acres DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION-MAIaNG: 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. PROPOSAL SUMMARY The applicant is requesting a variance to allow a 15 -foot rear yard setback for the construction of a dining room addition and a deck. The subject site does not have direct frontage onto a public street; however, there is a public right-of-way easement in which the driveway accesses the public street City Code determines the front yard by the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. SCANNED Wall Variance Request Planning Case 08-20 October 7, 2008 Page 2 of 7 While the property has ample space for an addition on the north side of the house, the house is configured in an east -west orientation. Any reasonable expansion to the home would be located on the east side, which would require variance approval. The lot has 100 feet of depth and does not meet the 125 -foot lot depth, as measured from the front to the rear lot line. The substandard lot depth Innits improvements to the "back of the house' because the required setback is 30 feet. ADJACENT ZONING: The property to the north is zoned RSF. The property to the south is zoned RSF. The property to the west is zoned RSF. The property to the east is zoned RSF. WATER AND SEWER: Water and sewer service is available to the site. APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances • Chapter 20, Article XII, Single-family residential district BACKGROUND The property is located on Lots 1080 thru 1089, Carver Beach addition which is zoned Single - Family Residential District (RSF). The Carver Beach subdivision was platted in 1927, prior to the adoption of the City Code. The site is rectangular in shape and does not have direct access Wall Variance Request Planning Case 08-20 October 7, 2008 Page 3 of 7 onto a public street. The driveway access is via a public right-of-way easement. The parcel is comprised of ten, 100 x 20 foot lots and is 20,000 square feet in area. The minimum lot area in the RSF district is 15,000 square feet. The lot frontage as measured along the "front yard" is 200 feet. The minimum lot frontage in the RSF district is 90 feet. While the lot exceeds the minijrnum lot area and the minimum lot frontage, the property does not meet the minimum lot depth requirement. The minimum lot dept in the RSF district is 125 feet and the subject s has a lot depth of 100 feet. The lot depth requirement is measured from the required front yard to the required rear yard, as defined by City Code. Thefront yard is the lot line nearest thepublic right-of-way thatproWdes access to the parcel. The rearyard lot line is to be located oppositefirom theftont lot line uith the remaining exposures treated as side lot lines. This situation is unique to this lot due to the location of the required front yard and the access via the unimproved public right-of-way. Since the subject site is short 25 feet of lot depth, the applicant has little room for expansion on the back of the house "rear yard" and ample space available for expansion on the north side of the house "side yard". The house was built in 1995 and is laid out with the bedrooms on the north side of the house and the kitchen and living areas on die back of the house. The homeowner would like to construct a dining room addition off the kitchen, which is located in the back of the house. The addition is proposed to be located where the deck is currently located. The applicant also proposes to build a new deck north of the addition. Wall Variance Request Planning Case 08-20 October 7, 2008 Page 4 of 7 ANALYSIS Looking at the survey of the home, the applicant has ample space to add onto the home and maintain the site coverage and required setbacks; however, the layout of the home dictates otherwise. The kitchen is located in the east side of the house while the bedrooms are located on the north side. Additionally, this situation is unique m that the property does not directly front onto Carver Beach Road. There is a neighboring lot between the subject site and the road. The site accesses Carver Beach Road via an unimproved public right-of-way as platted in 1927, prior to the adoption of the subdivision and zoning ordinances. 6AFV6P- btAeO FOA0 As stated above the location of the right-of-way dictates the required front, rear and side yards. The lot depth is measured from the front yard to the back yard. The survey above demonstrates the impact of the substandard lot depth. If the subject site had the required 125 feet of depth (shown in red), then there would be an additional 25 feet of buildable area within the rear yard and a variance would not be required for the proposed addition. As can be seen below, Carver Beach is a unique area of the community and has many nonconforming lots and structures. Being that the Carver Beach development was platted in 1927, many of the lots are substandard and do not meet the lot requirements of the City Code. Subsequently, there are several properties with variances throughout the development. Within 500 feet of the subject property, staff noted 27 variance requests. Variance Description Action Number 79-1 850 Western Dr 1 Lot area variance, conditioned that lots Approved 429435 are under on ownerslup 79-8 1 881 Western Dr Lot size vanance Deemed unbuildable Wall Variance Request Planning Case 08-20 October 7, 2008 Page 5 of 7 Variance 1 Address Description Action Number 82-14 6630 Mohawk Dr A 13 foot front yard setback variance Approved request for the construction of an addition 83-1 6730 Lottis Trail An 8.75 foot side yard, an 18 foot front Approved yard and a 2 foot accessory structure setback variance to complete an unfinished garage located on the site 83-5 6721 Hopi Dr An 8 foot front yard setback request for Approved the construction of a garage and solarium 84-14 6699 Hopi Rd 5 ft side yard setback variance, 25 It Approved front yard setback variance for home expansion 85-5 895 Carver Beach Rd A 17 foot rear yard variance to Approved construct a single family residence 85-8 6800 Ringo Dr A 12.7 foot front yard setback variance Approved and a 6.9 foot rear yard setback variance for die construction of a single residence 86-7 6728 Lotus Trail A 25 foot Imn yard setback variance Approved from willow Road for the construction of a garage and a 10 foot front yard setback from Lotus Trail for the construction of a deck 86-9 881 Western Dr Extend sewer, water, and street Approved facilities to build 87 -la single-family home on a substandard lot 87-1 6683 Hopi Rd A 4 foot front yard setback variance for Denied the construction of a single family residence 87-9 6830 Yuma Dr Lot area variance for the construction Approved of a single family residence. Condition that the single family residence must meet required setbacks 87-16 6680 Deerwood Dr A 19 foot front yard setback variance Approved for the construction of a garage and second floor addition 90-1 800 Carver Beach Rd Lot area and lot depth variance requests Approved Subject Site to construct a single firmly home, lots 1083-89 Carver Beach 91-6 6724 Lotus Trail Combination of 3 substandard lots into Approved 2 lots with lot areas of 13,550 square feet and 11,326 square feet and allow the constniction a single family residence on the 13,550 square foot lot 91-8 6689 Nez Perce Dr I 12.5 It front yard setback variance to Denied expand a residence 94-7 1 6724 Lotus Trail --r hopervi coverage Denied Wall Variance Request Planning Case 08-20 October 7, 2008 Page 6 of 7 Variance Address Description Action Number 94-9 921 Hiawatha Dr 5,000 sq ft lot area variance for Approved construction of a single-family home 97-4 6735 Nez Perce Dr 8.5 front yard setback variance Approved construction of a porch The city has subsequently amended the ordinance to permit the construction of porches within the required front yard setback on older homes 97-12 6711 Hopi Rd 2 ft side yard setback variance Approved construction of a detached garage 99-3 6728 LADtus Trail A 7 foot front yard variance for the Denied construction of an addition 99-10 6870 Nez Perce Dr An I I foot rear yard setback variance Approved for the construction of an addition 00-3 6712 Hopi Rd 16.5 ft rear yard setback variance for Approved garage expansion 00-14 960 Carver Beach Rd 9,000 sq ft lot area variance, 30 ft lot Approved frontage variance, I I percent hard surface coverage variance for the construction of a single-family home 02-14 6690 Deerwood Dr Driveway grade Denied 03-2 767 Carver Beach Rd A 33 1/3% hard surface coverage Approved variance, a variance to aHow a 24 foot front yard setback to meet the minimum site distance, for the construction of a single family home on a non -conforming lot of record. 03-13 900 Hiawatha Dr 13 foot front yard variance (17 foot Denied front yard setback) for the construction of a 1, 154 square foot three car garage addition on a single family home. It should be noted that nonconforming lots of record formerly required variance approval prior to the construction of a single-family home. The City Code was amended in 2004 to allow the construction of a single-family dwelling on a nonconforming lot without requiring a variance, provided the structure meets the minimum requirements of Chapter 20, Zoning. RECONEWENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached Findings of Fact and Action: "Me Chanhassen Planning Commission approves Planning Case #08-20 granting a 15-fooi vanancc from the 30 -foot rear yard setback requirement for the construction of a 15 x 15 foot Wall Variance Request Planning Case 08-20 October 7, 2008 Page 7 of 7 dining room addition and deck, as shown on Plans dated Received September 5, 2008, on Lots 1080 through 1089, Carver Beach, and adoption of the attached Findings of Fact and Action and subject to the following condition: 1. The applicant must apply for a building permit." ATrACHMENTS I . Findings of Fact and Action. 2. Development Review Application. 3. Reduced copy of lot survey. 4. Existing Floor Plan. 5. Proposed floor plan for the addition and deck. 6. Public Hearing Notice and Affidavit of Mailing. g:\plan\2008 pl�g �W-13 � �\v� veport.dm PLEASE PRINT 0 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. 08-0,) Applicant Name and Address: .;=_� I Owner Name and Address: O&LA= nt(9261 di"k)6& QAj forc JtL can,)A�;5 , lAtA Co6tkt- 2fAe- .5—t7tz-C ritZ55 Contact: 'bol)WA5 Phone� ric_ i4b AS Fa . x:�S-z_ zi4__aL�z_ Email:. oc_4�t � LI -of -�jm msii,10&� Phonel 5�, 41A - -3 Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning CITY OF CHANHASSEN Sign Permits RECEIVED Sign Plan Review SEP 0 5 2008 CHANHASSEN PLANNING DEPT Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) j Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment _j Notification Sign — $200 (City to install and remove) x Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPRIVACNARNVAP/Metes & Bounds - $450 Minor SUB Ac TOTAL FEE$ '4so -CA An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.ti� format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT N LOCATION: 0 0 LEGAL DESCRIPTION AND PID: Lryz� k 0�0 MZO MI. CA-YA e�2- VjfACVA TOTAL ACREAGE: WETLANDS PRESENT: YES / NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: T -t-4 wtor-1 ru, REQUESTED LAND USE DESIGNATION: T -V4 wvtrl� REASON FOR REQUEST: A-MMPt4 0 FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certifirate 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 "edge. Aft::�) i kke, (Signaturerooanr— JDA Signature of Fee Owner Date G:AplanVormsTevelopment Review Appliaition.!DOC Rev. 1/08 SCANNED 4 Estabilshed in 1962 INVOICE No 41781 LOT SURVEYS COMPANY, INC. F. 1. NO. LANDSURVEYORS SrALE 1" 30' REGISTEJWD UNDER TME LAWS OF STA7E OF MINNESOTA 0 Denotell It" mooke.11 7601 73rd AM No. 56o.3m 0 Daeot. Wood Mob SAI For Excavation CNy MIneempolo.Minnimoh,554128 X000-0 Deoutire Existing Elaftion fikurtitpors; cedificatt (:::) D~l. Proposed Elawli. ALL 911ALITY IwrLBM I I -P L , I , , .,. I � I T &= "\\ V-15 leogill, -a*— Demole. Swfmo Denim" �0/0-1 Fimoold Top of Block 1190 1. Pl"m*d Gonmas Flow Poposed 1-ceeteil Floor Type of Building 64,11,0az &??� No detervinatift. has ih��m Nade as to depth of Unitary si�r at Propos.d counixtim -1 iw..A itzilk qoc> &AF-V6r- f5eA&�j 120AQ Lots 1090 through logg. iml.sio, CARVER BEACII =d bieUiN Wmmmbeo muol be cheulted %eith aW,,ed Wjjdh,, pW The �Y lh� plel, 9 lee�ord 01 lelmneeilerp ;,�kjed by c1iieu IVO Ml - .ed �.Ible d any, ftom, ee . aued 4". S.I,eyedbyu.thi, lith_,,e,e, Octilbour t9 95 VWF#SVD 912ME IAPOROVED ATE. By'b?,Il� DEPT: E DATE: BY: DEP DATE CITYOF SEP 0 5 CHANHASSEN PLANNING Fby--M A P1 --eh Mie�� RM NO. 6743 I SCANNED ul < C'Ty OF CHANHASSEN RECEIVED SEP 0 5 2008 CHANHASSEN PLANNING DEP, SCANNED All1 -3 < 4p 1, 0- 1 S) I I 13 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MR4NESOTA) )ss. COUNTY OF CARVER ) 1, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on September 25, 2008, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Wall Variance - Planning Case 08-20 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 swom to before me this.2,-:iL" day of aa,�&rn6g r- ,2008. 44:--�Notary bli "I AN KIM T. MEUWISSEN N t v; otary Plublic-Minnesota '11� 1� I 4� My Gommisslon Expires Jan 31, 2010 ,2� W��l Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 7, 2008 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a rear yard setback Variance for the construction of Proposal: an addition on property zoned Residential Single Family Applicant: AE Architecture/Douglas & Martha Wall Property 800 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: What H appens 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/serv/i)lan/08-20.html. If you wish to talk to someone about this project, please contact Angie Auseth by email at aauseth@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation, The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council, The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaVindustrial. • Minnesota State Statute 519 99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting, • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s) • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. -- Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 7, 2008 at 7:00 p.m. This hearing may not stqrt until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a rear yard setback Variance for the construction of Proposal: an addition on property zoned Residential Single Family Applicant: AE Architecture/Douglas & Martha Wall Property 8GO 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 H appens 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 discus,* 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/sery/plan/08-20.html. If you wish to talk to someone about this project, please contact Angie Auseth by email at aauseth@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland 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 recommend These reports are available by request. At the Planning Commission meeting, staff will give a verbal ove*f 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 commerciavindustrial. • Minnesota state statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the city council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named On the notification. — SCOTT R SCHLAUDERAFF & SHELLY LAVERNE RAPP BRUCE ROBERT JOHANSSON JENNIFER L SCHLAUDERAFF 6711 NEZ PERCE DR 6701 MOHAWK DR 881 WESTERN DR CHANHASSEN, MN 55317 -9206 CHANHASSEN, MN 55317 -Ml CHANHASSEN, MN 55317 -9597 SUSAN E ZECCO MICHAEL F & BARBARA A COYLE TERRANCE & ELIZABETH MATTESON 895 CARVER BEACH RD 757 CARVER BEACH RD 833 CREE DR CHANHASSEN, MN 55317 -9420 CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9599 STEVEN J & JOAN M CRONSON BRUCE D & SUSAN K KOEHNEN KIRSTEN ANNE PAULY 801 CREE DR 1830 KOEHNEN CIR 751 CARVER BEACH RD CHANHASSEN. MN 55317 -9699 EXCELSIOR, MN 55331 -9D49 CHANHASSEN. MN 55317 -9422 TIMOTHY W TILLOTSON & ROYAL & DORIS MARTIN MICHAEL J & PAULA WEGLER KRIST! R NORMAN TRUSTEES OF TRUST 8424 KENNEDY MEMORIAL DR 6690 DEERWOOD OR 6650 PAWNEE DR ST BONIFACIUS, MN 55375 -1145 CHANHASSEN, MN 55317 -9425 CHANHASSEN, MN 55317 -9430 BRYCE D UZZELL MARIA POND PEDEN LEONID SIUNKER & 6686 HOPI RD 6687 HOPI RD DIANE SEYMOUR CHANHASSEN, MN 55317 -9426 CHANHASSEN, MN 55317 -9426 6687 DEERWOOD DR CHANHASSEN, MN 55317 -9425 ELAINE C OTf ERDAHL MARK & AMY SENNES RUTH E LUNDE 6715 NEZ PERCE DR 66119 PAWNEE DR 6721 HOPI RD CHANHASSEN, MN 55317 -92D6 CHANHASSEN, MN 55317 -9430 CHANHASSEN, MN 55317 -9427 ANDREW K BERG GARY J & JACQUELINE A HOFFMAN RONALD M & DIANE M STANCHFIELD 6710 HOPI RD BW HIAWATHA DR 6727 HOPI RD CHANHASSEN, MN 55317 -9427 CHANHASSEN, MN 55317 -9532 CHANHASSEN, MN 55317 -9427 LAWRENCE DEAN VELTKAMP LARRY L & MARY E BARRETT DOUGLAS A & MARTHA M WALL 6724 LOTUS TRL 6741 HOPI RD 800 CARVER BEACH RD CHANHASSEN, MN 55317 -8573 CHANHASSEN. MN 55317 -9427 CHANHASSEN, MN 55317 -9432 JONAS C & EMILY S STARITA ANDREW A BORASH ROBERTAWIEST 6728 LOTUS TRL 6725 NEZ PERCE DR 040 CARVER BEACH RD CHANHASSEN, MN 55317 -8573 CHANHASSEN. MN 55317 -9206 CHANHASSEN, MN 55317 -9432 JEFFREY R & TAM[ L BRAIEDY DONALD & SIGFRID SENNES MATTHEW J TIBBETTS & ELIZABETH J TIBBETTS BW WESTERN DR 6680 MOHAWK DR 6699 MOHAWK DR CHANHASSEN, MN 55317 -9M CHANHASSEN, MN 55317 -9546 CHANHASSEN, MN 55317 -9546 SCOTT R SCHLAUDERAFF & SHELLY LAVERNE RAPP BRUCE ROBERT JOHANSSON JENNIFER L SCHLAUDERAFF 6711 NEZ PERCE DR 6701 MOHAWK DR 881 WESTERN DR CHANHASSEN, MN 55317 -9206 CHANHASSEN, MN 55317 -Ml CHANHASSEN, MN 55317 -9597 SUSAN E ZECCO MICHAEL F & BARBARA A COYLE TERRANCE & ELIZABETH MATTESON 895 CARVER BEACH RD 757 CARVER BEACH RD 833 CREE DR CHANHASSEN, MN 55317 -9420 CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9599 STEVEN J & JOAN M CRONSON BRUCE D & SUSAN K KOEHNEN KIRSTEN ANNE PAULY 801 CREE DR 1830 KOEHNEN CIR 751 CARVER BEACH RD CHANHASSEN. MN 55317 -9699 EXCELSIOR, MN 55331 -9D49 CHANHASSEN. MN 55317 -9422 TIMOTHY W TILLOTSON & ROYAL & DORIS MARTIN MICHAEL J & PAULA WEGLER KRIST! R NORMAN TRUSTEES OF TRUST 8424 KENNEDY MEMORIAL DR 6690 DEERWOOD OR 6650 PAWNEE DR ST BONIFACIUS, MN 55375 -1145 CHANHASSEN, MN 55317 -9425 CHANHASSEN, MN 55317 -9430 BRYCE D UZZELL MARIA POND PEDEN LEONID SIUNKER & 6686 HOPI RD 6687 HOPI RD DIANE SEYMOUR CHANHASSEN, MN 55317 -9426 CHANHASSEN, MN 55317 -9426 6687 DEERWOOD DR CHANHASSEN, MN 55317 -9425 ELAINE C OTf ERDAHL MARK & AMY SENNES RUTH E LUNDE 6715 NEZ PERCE DR 66119 PAWNEE DR 6721 HOPI RD CHANHASSEN, MN 55317 -92D6 CHANHASSEN, MN 55317 -9430 CHANHASSEN, MN 55317 -9427 ANDREW K BERG GARY J & JACQUELINE A HOFFMAN RONALD M & DIANE M STANCHFIELD 6710 HOPI RD BW HIAWATHA DR 6727 HOPI RD CHANHASSEN, MN 55317 -9427 CHANHASSEN, MN 55317 -9532 CHANHASSEN, MN 55317 -9427 LAWRENCE DEAN VELTKAMP LARRY L & MARY E BARRETT DOUGLAS A & MARTHA M WALL 6724 LOTUS TRL 6741 HOPI RD 800 CARVER BEACH RD CHANHASSEN, MN 55317 -8573 CHANHASSEN. MN 55317 -9427 CHANHASSEN, MN 55317 -9432 JONAS C & EMILY S STARITA ANDREW A BORASH ROBERTAWIEST 6728 LOTUS TRL 6725 NEZ PERCE DR 040 CARVER BEACH RD CHANHASSEN, MN 55317 -8573 CHANHASSEN. MN 55317 -9206 CHANHASSEN, MN 55317 -9432 KENNETH JEROME LUCAS & KEVIN MCGINTY DANIEL S & SUSAN L DEGOLIER ANTOINETTE M LUCAS 820 IMPERIAL ST 6780 YUMA DR 6735 NEZ PERCE DR CHANHASSEN, MN 55317 -9207 CHANHASSEN, MN 55317 -9418 CHANHASSEN, MN 55317 -9541 CHRISTIAN SVENSGAARD & JACOB D & ELIZABETH G WOESE JEFFERY A KING & MALENE HOUMAAE 777 CARVER BEACH RD JODY COLLIS KING 1414 GRANDVIEW DR CHANHASSEN, MN 55317 -9422 767 CARVER BEACH RD HUDSON, WI 54016 -1440 CHANHASSEN. MN 55317 -9422 THOMAS L & JUDITH L RAYMOND DENNIS D KRUMSIEG THOMAS OPITZ 834 CREE DR 760 CREE DR 6801 NEZ PERCE DR CHANHASSEN, MN 55317 -9599 CHANHASSEN, MN 55317 -9464 CHANHASSEN, MN 55317 -9209 DONALD E WHITACRE MIKE BUENTING & DARYL D ANDERSON 751 CENTURY AVE S SHANNON WAGGONER C/O A LORNING, ATTORNEY ST PAUL, MN 55119 -5814 6800 RINGO DR 3244 40TH AVE S CHANHASSEN. MN 55317 -9558 MINNEAPOLIS, MN 55406 -2227 CONNIE PAIGE SACKETT DOUGLAS H & CORAZON KALLEVIG ROBERT JOHN MOORE 820 IMPERIAL DR 6830 YUMA DR 6839 YUMA DR CHANHASSEN, MN 55317 -9418 CHANHASSEN, MN 55317 -9541 CHANHASSEN, MN 55317 -9554 CRAIG A & KIMBERLY ANDERSON RANDY M & LITA M CANTIN GARY JOHN OTTERDAHL 6683 HOPI RD 6694 NEZ PERCE DR 6691 DEERWOOD DR CHANHASSEN. MN 55317 -9426 CHANHASSEN, MN 55317 -9564 CHANHASSEN, MN 55317 -9425 DANIEL T RUTLEDGE WILLIAM HARLEY WOLFE & MARY KAY HOGUE 6711 HOPI RD SHARON BETH WOLFE 6690 NEZ PERCE DR CHANHASSEN, MN 55317 -9427 6699 HOPI RD PO BOX 337 CHANHASSEN, MN 55317 -9426 CHANHASSEN, MN 55317 -0337 BRUCE R JOHANSSON MICHAEL A & ROBBIE WOITALLA ERNEST F PIVEC 6711 MOHAWK DR 6712 HOPI RD 5060 MEADVILLE ST CHANHASSEN, MN 55317 -9431 CHANHASSEN. MN 55317 -9427 EXCELSIOR. MN 55331 -8788 GREGORY J CARLSON & DARRYL D ANDERSON FRANKLIN D ERNST& KATHLEEN M NYGAARD C/O A LORNING, ATTORNEY VICTORIA WALKOVIAK 760 CARVER BEACH RD 3244 40TH AVE S 840 CREE DR CHANHASSEN. MN 55317 -9422 MINNEAPOLIS. MN 55406 -2227 CHANHASSEN. MN 55317 -9599 STACY L ENGER STANLEY ROBERT CRONISTER JOSEPH M & LORI L HARRINGTON 790 CARVER BEACH RD 6730 LOTUS TRL 901 CARVER BEACH RD CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -8573 CHANHASSEN, MN 55317 -8572 KENNETH JEROME LUCAS & KEVIN MCGINTY DANIEL S & SUSAN L DEGOLIER ANTOINETTE M LUCAS 820 IMPERIAL ST 6780 YUMA DR 6735 NEZ PERCE DR CHANHASSEN, MN 55317 -9207 CHANHASSEN, MN 55317 -9418 CHANHASSEN, MN 55317 -9541 CHRISTIAN SVENSGAARD & JACOB D & ELIZABETH G WOESE JEFFERY A KING & MALENE HOUMAAE 777 CARVER BEACH RD JODY COLLIS KING 1414 GRANDVIEW DR CHANHASSEN, MN 55317 -9422 767 CARVER BEACH RD HUDSON, WI 54016 -1440 CHANHASSEN. MN 55317 -9422 THOMAS L & JUDITH L RAYMOND DENNIS D KRUMSIEG THOMAS OPITZ 834 CREE DR 760 CREE DR 6801 NEZ PERCE DR CHANHASSEN, MN 55317 -9599 CHANHASSEN, MN 55317 -9464 CHANHASSEN, MN 55317 -9209 DONALD E WHITACRE MIKE BUENTING & DARYL D ANDERSON 751 CENTURY AVE S SHANNON WAGGONER C/O A LORNING, ATTORNEY ST PAUL, MN 55119 -5814 6800 RINGO DR 3244 40TH AVE S CHANHASSEN. MN 55317 -9558 MINNEAPOLIS, MN 55406 -2227 CONNIE PAIGE SACKETT DOUGLAS H & CORAZON KALLEVIG ROBERT JOHN MOORE 820 IMPERIAL DR 6830 YUMA DR 6839 YUMA DR CHANHASSEN, MN 55317 -9418 CHANHASSEN, MN 55317 -9541 CHANHASSEN, MN 55317 -9554 CRAIG A & KIMBERLY ANDERSON RANDY M & LITA M CANTIN GARY JOHN OTTERDAHL 6683 HOPI RD 6694 NEZ PERCE DR 6691 DEERWOOD DR CHANHASSEN. MN 55317 -9426 CHANHASSEN, MN 55317 -9564 CHANHASSEN, MN 55317 -9425 DANIEL T RUTLEDGE WILLIAM HARLEY WOLFE & MARY KAY HOGUE 6711 HOPI RD SHARON BETH WOLFE 6690 NEZ PERCE DR CHANHASSEN, MN 55317 -9427 6699 HOPI RD PO BOX 337 CHANHASSEN, MN 55317 -9426 CHANHASSEN, MN 55317 -0337 BRUCE R JOHANSSON MICHAEL A & ROBBIE WOITALLA ERNEST F PIVEC 6711 MOHAWK DR 6712 HOPI RD 5060 MEADVILLE ST CHANHASSEN, MN 55317 -9431 CHANHASSEN. MN 55317 -9427 EXCELSIOR. MN 55331 -8788 GREGORY J CARLSON & DARRYL D ANDERSON FRANKLIN D ERNST& KATHLEEN M NYGAARD C/O A LORNING, ATTORNEY VICTORIA WALKOVIAK 760 CARVER BEACH RD 3244 40TH AVE S 840 CREE DR CHANHASSEN. MN 55317 -9422 MINNEAPOLIS. MN 55406 -2227 CHANHASSEN. MN 55317 -9599 0 MARTIN P & AMY E JENSEN KENT & MARY BRAUN 770 CREE DR 900 HIAWATHA DR CHANHASSEN, MN 55317 -9464 CHANHASSEN . 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S. 0 cc Im 'r 4 u 0 V 0 11 0.0 c 4, -5 ag SL -FLAtA tt� - 0 I AE ARCHFIECTURE w 13860 FAWN RUwa WAY < x W Apple Valley, MN 55t24 Z> Lez T W 00 W p 612 922 2680 otr CL f 612 922 2681 F- c 612 396 45% 2, �-M� Me Sit- WAL.0 TLAO A�L , A N , I I f- 1 .1 AE ARCHRECTLRE MW FAWN RIDGE WAY Apple Valley, MN 55124 aeardtitectweftm� p 612 92.2 2680 f 612 922 2681 c 612 396 45% AO* -M5 Room ma WALL 6m e -A6 r—f- tv*� FP Ralf- LAND SURVEYORS RE(31STERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73rd Ave. No. 560-3093 ALL QUALITY BIJILDERS tell% I E ; P —1114 VrA L�Type I FF-.oj;4,A L TO EJ9,CAVArtc-v AtA b Mok(W-rAfix UNrll- LcT Is Ful -Y V . � q A rArf I) - hr ILO �e /oc- v- 410Y k 0-C 1%r-lic Minneapolis, Minnesota 55428 *tIrlieporg Certificate 8:SSAM I-OTC41"" AF -0 cP'&Aj2V6P A o t, -Pit,raoso A % 'PC r -r $4 T" M . f_LeF44ME 6j JR*'Sc#4 -D 9-IZ- t".1ra ET ft6 -,;f- -�� DeAoo 1 Lots 1080 through 1089, inclusive, CARVER BEACH Pr oullcling Information must be checked with approved building plan before excavation and construction. The only easements shown are from plats of record or information provided by client We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the location of all buildings and visible encroachments, if any, from or on said land. Surveyed by us this 11th day of October 19 95 Signed Established in 1962 0 W 9 1 LOT SURVEYS COMPANY, INC. INVOICE No. F. B. NO 41787 699-73 LAND SURVEYORS RE(31STERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73rd Ave. No. 560-3093 ALL QUALITY BIJILDERS tell% I E ; P —1114 VrA L�Type I FF-.oj;4,A L TO EJ9,CAVArtc-v AtA b Mok(W-rAfix UNrll- LcT Is Ful -Y V . � q A rArf I) - hr ILO �e /oc- v- 410Y k 0-C 1%r-lic Minneapolis, Minnesota 55428 *tIrlieporg Certificate 8:SSAM I-OTC41"" AF -0 cP'&Aj2V6P A o t, -Pit,raoso A % 'PC r -r $4 T" M . f_LeF44ME 6j JR*'Sc#4 -D 9-IZ- t".1ra ET ft6 -,;f- -�� DeAoo 1 Lots 1080 through 1089, inclusive, CARVER BEACH Pr oullcling Information must be checked with approved building plan before excavation and construction. The only easements shown are from plats of record or information provided by client We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the location of all buildings and visible encroachments, if any, from or on said land. Surveyed by us this 11th day of October 19 95 Signed /0/0.1 Proposed Top of Block /40 0 9, Proposed Garage Floor 14�'Of— f Proposed Lowest Floor Type of Building - re) 1 / No determination,i has been made as to depth of �anitary sewer at proposed connection 120AD A. Prasch Minn. (L 1199's SCALE 1" 30' 0 Denotes Iron Monument 13 Denotes Wood Hub Set For Excavation Only XOOO.O Denotes Existing Elevation CDDenotes Proposed Elevation -4419— Denotes Surface Drainage /0/0.1 Proposed Top of Block /40 0 9, Proposed Garage Floor 14�'Of— f Proposed Lowest Floor Type of Building - re) 1 / No determination,i has been made as to depth of �anitary sewer at proposed connection 120AD A. Prasch Minn. (L 1199's CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PU13LIC HEARING PLANNING CASE NO. W21) NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearJngonTuesday,October7,2D08, at 7:00P.m. in theCouncil Chainbers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a rear Yard setbackvariance for the construction of an addition on property zoned Residential Single Family (RSF) located at 800 Carver Beach Road. Applicant, Douglas and Martha Wall. A plan showing the location of the Proposal is available for public review on the City's web site at www.ci, hanhaasen.mn.us/serv/ plan/0-2U.1itind or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Angie Auseth, Planner I Email: aauseth@ci.chanbassen.=.us Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday, September 25, 2008; No. 4116) 0 0 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Mark Weber, being duly sworn, on oath says that he is the publisher or die authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended - (B) The printed public notice that is attached to this Affidavit and identified as No. 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 die 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: uv abedefghijklmnopqrst wxyz By: Mark We Subscribed and sworn before me on this -2-5'1'dayof Of rP+, rn- b--64--12008 Public RATE INFORMATION LAURIE A. EAPI,,4, 30rA 31,2010 Lowest classified rate paid by commercial users for comparable space .... $40.00 per column inch Maximurn rate allowed by law for the above matter ............................... S40.00 per column inch Rate actually charged for the above matter .............................................. $12.19 per column inch SCANNED 0 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 08-20 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, October 7, 2008, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a rear yard setback variance for the construction of an addition on property zoned Residential Single Family (RSF) located at 800 Carver Beach Road. Applicant: Douglas and Martha Wall. 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/serv/plaiVO8-20.html or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Angie Auseth, Planner I Email: aauseth@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on September 25, 2008) $"NNED 0 Auseth, Angie From: Douglas Wall [dugwall@yahoo.com) Sent: Thursday, September 25,2008 9:45 AM To: Auseth, Angie Subject: Application for variance Angie, 0 Stan Ross, our architect, showed us a copy of your email of Tuesday 9/23/08 and ask me to respond to your question about why we can not do our addition off the north side of our house rather than the east side. Due to the layout of the house, to do the additon off the north side of the house would force us to put the addition off one of the two upstairs bedrooms. Since the addition is a dining room, we do not feel that it is expedient or efficent to put the dining room off of a bedroom. The location we picked is right off the kitchen and would be the most efficient. The configuration of the house does not really allow for the addition to be anywhere else but where we have planned for it to be. Please call me if you would like to talk about this some more. I can be reached at work at (612) 673-8550 (from 6:30 AM to about 3:00 PlYl) or at home at (952) 474-3626 after 4:30PM. Thanks for you consideration. Sincerely, Douglas Wall SCANNED CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 09/08/2008 2:50 PM Receipt No. 0080520 CLERK: katie PAYEE: AE ARCHITECTURE 5964 OLIVER AVE S MINNEAPOLIS MN 55419-2023 WALL VARIANCE -PLANNING CASE 08-20 ------------------------------------------------------- Use & Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 Total Cash Check 1083 Change ----------- 450.00 0.00 450.00 ----------- 0.00 SCANNED 0 0 WALL VARIANCE - PLANNING CASE 08-20 $200 Variance $200 Notiffication Sign $50 Recording Escrow $450 TOTAL AE Architecture Paid $450 Check 1083 SCANNED PIDA51600950 Parcel Information Property Address: 800 CARVER BEACH RD CHANHASSEN, MN Parcel Properties GIS Acres: 0.41323572 Homestead: Y School District: 0276 Parcel Location Section: 02 Township: 116 Range: 023 Payable Year 2009 Est. Market Value Land: $84700 Est. Market Value Building: $204000 Est. Market Value Total; $288700 Last Sale Information Sale Date: 09/10/2007 Sale Price: $339200 QualffiedfUnqualiried: QUALHIED SALE 0 Taxpayer Information: DOUGLAS A & MARTHA M WALL 800 CARVER BEACH RD CHANHASSEN. MN 55317 Year Built: 1996 Above Grade Finished SQ FT: 1152 Plat Information: CARVER BEACH LOTS 1081 - 1089 CARVER COUNTY GIS DATA DISCLAIMER: This data was created using Carver ty-s Geographic Information Systems (GIS), it is a compilation of information and data fr��muvnarious County Offices. This data is not a legally recorded document and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein. SCANNED