CAS-21_2017-21 VAR OWNER: JOSH PICKARDA�
Thomas). Campbell
Roger N. Knutson
Elliott B. Knetsch
Joel J. jamnik
AndreaMcDowell Pochler
Sorcii M. Mattick
John F. Kelk
Henry A. Schaeffer. III
Alina Schwarti
Shatia N. Conklin
Am% B. Schutt
James J. Monge, I I I
Jerome M. Porter
Ktirt S. Fischcr
N-latthew I -L Brok]
Graml Oak Office Center 1
860 Blue Gentian Koad
Suite 29C, Lagan, MN 55121
651-452-5"00
Fax 01-234-623'
CAMPBELL KNUTSON
Professional Association
January 16, 2018
Ms. Jean Steckling
City of Chanhassen
7700 Market Boulevard
P ' 0. Box 147
Chanhassen, MN 55317
Re: Miscellaneous Recordings
Dear Ms. Steckling:
lq-jl
Please find enclosed, for the City's files, the following documents which have been
recorded with Carver County:
I Encroachment Agreement with Ibrahim Mohamed and Abdirahman Zahra.
Said document was recorded on December 11, 2017 as document number
T204969;
2. Encroachment Agreement with Adai-n and Katie Dirlam. Said document was
recorded on December 11, 2017 as document number T204968; and
3. Variance 2017-21 for property described as Lot 3, Block 2. City Lots of
Chanhassen. Said document was recorded on December 6, 2017 as document
number A655642.
Thank you.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
Jean M—Olso4n, eZgal Assistant
/jM0
Enclosure
195845v2
CITY OF
JAN 1 8 2W
]ENGINE=-R;NG DEPT,
Document No. A655642
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Recorded on -December 06, 2017 2:25 PM
Fee� $46.00
Kaaren Lewis
655642 County Recorder
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2017-21
1. Permit. Subject to the terrns and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves a three-foot front yard
setback variance for a pergola and 1.5 percent hardcover variance for an expanded
driveway.
2. Prope . The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 3, Block 2, City Lots of Chanhassen.
3. Conditions. The variance approval is subject to the following conditions:
1. Applicant shall construct stormwater BMP(s), such as a rain barrels at downspouts, to treat
all runoff created by all impervious surface over 25%.
2. Applicant shall grant the City an easement for the public sidewalk.
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.
.10 --
Dated: November 21, 2017
.1% S.
IDA S.
STATI Q.EMfNNESOTA
(ss
COUNTY OF CAP VER I
CITY OF CHANHASSEN
BY: Z4).Ow�� 6'400�
�e�y Laulenburger,49ayor
AND�: 'o'
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me thisQ eda, of � CVeAA
2017 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, N4N 55317
(952) 227-1100
2
�f �Yi_t
NOTARY POBLIC
RA?
KIM T. MEUWISSEN
Notary Public -Minnesota
My Cornmeelon Expim Jan 31, 2020
11AMM MArri
LEGAL DESCRIPTION:
Lot 3, Block 2, "St. Hubertus" Pillage of Chanhassen, Carver
County, Minnesota, including half of vacated alley.
Note: No title commitment provided. Legal description and
easements assumed/per previous proposed site plan, dated
July, 2006.
SCOPE OF WORK & LIMITATIONS:
I Showing the length and direction of boundary lines of
the legal description listed above. The scope of our
services does not include determining what you own,
which is a legal matter. Please check the legal
description with your records or consult with competent
legal counsel, if necessary, to make sure that it is correct
and that any matters of record, such as easements, that
you wish to be included on the survey have been shown.
2. Showing the location of observed existing
improvements we deem necessary for the survey.
3. Setting survey markers or verifying existing survey
markers to establish the comers of the property.
4. Existing building dimensions and setbacks measured to
outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of
the lot for your review and for the review of such
governmental agencies that may have jurisdiction over
these requirements to verify they are correctly shown
before proceeding with construction.
6. Showing elevations on the site at selected locations to
give some indication of the topography of the site. We
have also provided a benchmark for your use in
determining elevations for construction on this site. The
elevations shown relate only to the benchmark provided
on this survey. Use that benchmark and check at least
one other feature shown on the survey when
determining other elevations for use on this site or
before beginning construction. Elevation datum per
previous site plan dated July, 2006.
7. This survey has been completed without the benefit of a
current title commitment. There may be existing
easements or other encumbrances that would be
revealed by a current title commitment. Therefore, this
survey does not purport to show any easements or
encumbrances other than the ones shown hereon.
STANDARD SYMBOLS & CONVENTIONS:
of*" Denotes iron survey marker, found, unless otherwise
noted.
0
EXISTING HARDCOVER
HOUSE
DRIVEWAY
WALK
PORCH
DECK
PUBLIC WALK
CONIC. WALL (W.W.)
S 89*54'00" E
BENCHMARK*
SOUTH RIM OF MH 59.90
ELEV.-964.32 A It
1,631 SQ. FT.
521 SO. FT.
66 SQ. FT.
81 SQ. FT.
17 SQ. FT.
214 SQ. FT.
8 SQ. FT.
TOTAL EXISTING HARDCOVER 2,538 SQ. FT.
AREA OF LOT 8,981 SQ. FT.
LOT COVERAGE 28.3%
964.6
UJ
00
.P 0
0
P
C)
0
V)
%4.0
OD
EXISTING
DWELLING
964.111
17.3
40
Ch
I
4-
'A' A TEE' A
v ALLE�(
59.90-- 7 46
5
msmn)
11�x I 1 1
% % 00- 1 1 1
440
10.0 116 1, 1 1 k
40
27.
;0 2-4 6
EYJSTING
I I I
WELLING
2
16. �4.6
G A --- I -+--
/ELtV.- 4 PORCH
I A—
IV., III L 1
T-1-41
-- ---------
5
J
y
5
T 5.56
1-4
I - I VIP— D
/47.63--�— -
W89*55'15"
V
10.6
0
9(
/Z
961.9
EXISTING
DWELLING
7 ff7 ST #.r
397
Advance
Sumeying & Engineering, Co.
17917 Highway No. 7
Minnetonka. Minnesota 55345
Phone (952) 474-7964
Web: www.advsur.00rn
CUENTMOB ADDRESS
JOSHPICKARD
204 78TH ST. W
CHANHASSEN, MN
SHEET TITLE
E) US TING S UR V_F Y
SHEET SIZE: 11 X 17
DRAWING NUMBER
171192 WP
DATE SURVEYED: OCTOBER 30, 2017
DATE DRAFTED: NOVEMBER 1. 2017
)ATE I REASION DESCRIPTION
I HMEBY CERTIFY 1HAT IM PLAK SI.IRWY OR IVOR I
WAS PREPARED BY ME OR LWDER VY DIRECT
%IPER�19011 AND 1HAT I AM A DLLY REGSIERED LAND
SURVEY0R WIDER 7HE LAWS OF 1HE STAN OF
Wayne W. P1.0
#43503 NOVEMBER 1, 201
LICENSE NO. DATE
DRAWING ORIENTATION & SCALE
SHEET NO.
0 10, 201
M2525iin
S1
SHEET 1 OF I
BUILDING PERMIT SURVEY PREPARED FOR:
JOSH PICKARD C/O REMAX ASSOC. PLUS
7450 FRANCE AVENUE
EDINA, MN. 55435
15 2' B IM
� sg a
A I Rim %4.32
1 Inv. 956, 70
Son mh (964.8)
Rim 965.89 964.8
Inv. 954.95
FD. 1/2" LM
LS 24992
NOTE: VERIFY SAN.
SEWER SERVICE TO
EXISTING SAN. MH L
GRADE PRIOR TO CONST.
(MAY REQUIRE PUMP)
0
(1455
VALLEY SURVEYING CO.. P.A.
16670 FRANKLIN TRAIL SE
SUITE 230
PRIOR LAKE, MN 55372
(952) 447-2570
OF 16' ALI.Ey PUR PLAT ( IN THE PROCESS OF VACATION � PER CLIENT
--59.90-- r- ID
0 -27- 0- 0 (960.8)
- - 59.90 meas. -- - --kL96o. E)
-00' T' -FD 1/2" I.M
S890541 "E
N RTH mo
L;NE OF LOT 3, AS NUME TED
PROPDSED DRAINAGE 8
UTILirY EASEMENT -:Z;
rn 959.8
WIO EL.
00 960.58
Uj
16-
0 z
Uj HOUSE
GO
z
096 2
963.6 (qi�6. 5) 961.3
10 00 T- -2 -7 2-2-8-7 GARAGE
Slab EL.
963. 23
1
Oil 8 - -
J.- I
0
-j
NOTE PROPOSED DWELLING
DIMINSIONS AND ELEVATIONS
PER CLIENT (NO BLDG,
PLANS PROVIDED.
- 0 1 un G-_ Uj
U) z
HOUSE
;;i 5
GARA SE
16
C
L LO. I porch - -1
. . 11) - Top iron�.
9 17) 30. 8!
962. 08
walk
1.10
N,o
8"Unden Fd'I/ I
�5 * 00 N
"O--35 W CoVir marked by drill
hore in cone, walk
Hyd. I - l5t) M I I V1
16 0 2 I -j- -7- k5. �4
S5\0
C' -EL 42-
(96,3 01
s r
14 6, A)Z\ ) . ---1 -- co
Fd X marked on
cone. walk !��
TC EL
963.08
4y
47. 5,�� Fn ' ea,s.' rd 1/2"I�M.
'OF
N'8 9 15-' W- LS 24992
S LY ONE OF LOT 3, AS MONUMENTED-
961;' 53
..53 TELEPHONE
MANHOLE 961.78
a
963.33
WEST 78 TH STR L --ET
LEGAL DESCRIPTION: S T. 14 H
Lot 3, Block 2,4ST HUBERTUS!)dLLAGE OF CHANHASSEN, Carver County, Minnesota. Also
showing the location of the proposed house as staked this 12th day of April, 2006.
NOTES: Benchmark Elevation S,54.32 Top rim of Son, MH at the NW property corner
962.5 Denotes wdsting grade elevation
x
(,)66,5 ) Denotes pi,oposed grade elevation
Lot 3 area 8501.47 sq,ft.
0, Denotes proposed direction of finished surface drainage Alley area 479 sq. ft.
( In vacation process ) per client
OFCHANHASSE11" Set the pr:)posed garage slab at elevation c)66, 83 TOTAL AREA r 8,980.47
R SCEIVIED Set the prDposed top of foundation at elevation 967, 16 B980.47 -� 25% : 2245 SQ,FT.
Off 2 0 2017 The lowesi floor elevation will be 958. 26 DWELLING 1716 SQ. FT.
DRIVEWAY 484 SQ, FT.
TOTAL IMPERVIOUS 2200 SQ. FT,
CHANHASSEN PLANNING:'�- ***CONTRACTOR TO VEIRIFY HOUSE DIMENSIONS PRIOR TO CONSTRUCTION*** (45 SQ. FT UNDER)
SURVEYORS NOTE: -NO DOCUMENTATION
PROVIDED Re� ALLI-'Y VACATION . NO TITLE
COMMITMENT PROV16ED TOVERIFY ANY I hereby certify that this building permit survey was prepared
20 0 10 20 EASEMENTS OF RECORD AFFECTING THE by me or under my direct supervision and that I am a duly
I I SUBJECT PROPER:rY . Licensed Land Survevor under the laws of the State of
Scale in Feet
0 DENOTES IRON MONUMENT FOUND
REV. 5/16/06 TO !;HOW PROPOSED DRAINAGE
5 UTILITY E4SEMI'NTS 5 PLAT NAME IN
LEGAL DESCRIPTION,
Basis of Bearing Datum
0 DENOTES IRON MONUMENT SET AND MARKED is assumed.
BY MINNESOTA LICENSE NO. 42309 REV 7/3/06 To (;HANGE HSE, TYPE 5
LOCATION.
Vnnesoto License M�. 42�-z
Dated this of iA \�z 2006
FILE NO. 10284 BOOK 251 1 PAGE 13
0
z
0
z
0
2
Top
iron L6
964.44
0
LL
0
W
z
:5 0
Uj
966.2
77�Z--7--7-:�'
17.6
W/O E L.
966. 31,/
Top Blk.
967.6
HOUSE
(1455
VALLEY SURVEYING CO.. P.A.
16670 FRANKLIN TRAIL SE
SUITE 230
PRIOR LAKE, MN 55372
(952) 447-2570
OF 16' ALI.Ey PUR PLAT ( IN THE PROCESS OF VACATION � PER CLIENT
--59.90-- r- ID
0 -27- 0- 0 (960.8)
- - 59.90 meas. -- - --kL96o. E)
-00' T' -FD 1/2" I.M
S890541 "E
N RTH mo
L;NE OF LOT 3, AS NUME TED
PROPDSED DRAINAGE 8
UTILirY EASEMENT -:Z;
rn 959.8
WIO EL.
00 960.58
Uj
16-
0 z
Uj HOUSE
GO
z
096 2
963.6 (qi�6. 5) 961.3
10 00 T- -2 -7 2-2-8-7 GARAGE
Slab EL.
963. 23
1
Oil 8 - -
J.- I
0
-j
NOTE PROPOSED DWELLING
DIMINSIONS AND ELEVATIONS
PER CLIENT (NO BLDG,
PLANS PROVIDED.
- 0 1 un G-_ Uj
U) z
HOUSE
;;i 5
GARA SE
16
C
L LO. I porch - -1
. . 11) - Top iron�.
9 17) 30. 8!
962. 08
walk
1.10
N,o
8"Unden Fd'I/ I
�5 * 00 N
"O--35 W CoVir marked by drill
hore in cone, walk
Hyd. I - l5t) M I I V1
16 0 2 I -j- -7- k5. �4
S5\0
C' -EL 42-
(96,3 01
s r
14 6, A)Z\ ) . ---1 -- co
Fd X marked on
cone. walk !��
TC EL
963.08
4y
47. 5,�� Fn ' ea,s.' rd 1/2"I�M.
'OF
N'8 9 15-' W- LS 24992
S LY ONE OF LOT 3, AS MONUMENTED-
961;' 53
..53 TELEPHONE
MANHOLE 961.78
a
963.33
WEST 78 TH STR L --ET
LEGAL DESCRIPTION: S T. 14 H
Lot 3, Block 2,4ST HUBERTUS!)dLLAGE OF CHANHASSEN, Carver County, Minnesota. Also
showing the location of the proposed house as staked this 12th day of April, 2006.
NOTES: Benchmark Elevation S,54.32 Top rim of Son, MH at the NW property corner
962.5 Denotes wdsting grade elevation
x
(,)66,5 ) Denotes pi,oposed grade elevation
Lot 3 area 8501.47 sq,ft.
0, Denotes proposed direction of finished surface drainage Alley area 479 sq. ft.
( In vacation process ) per client
OFCHANHASSE11" Set the pr:)posed garage slab at elevation c)66, 83 TOTAL AREA r 8,980.47
R SCEIVIED Set the prDposed top of foundation at elevation 967, 16 B980.47 -� 25% : 2245 SQ,FT.
Off 2 0 2017 The lowesi floor elevation will be 958. 26 DWELLING 1716 SQ. FT.
DRIVEWAY 484 SQ, FT.
TOTAL IMPERVIOUS 2200 SQ. FT,
CHANHASSEN PLANNING:'�- ***CONTRACTOR TO VEIRIFY HOUSE DIMENSIONS PRIOR TO CONSTRUCTION*** (45 SQ. FT UNDER)
SURVEYORS NOTE: -NO DOCUMENTATION
PROVIDED Re� ALLI-'Y VACATION . NO TITLE
COMMITMENT PROV16ED TOVERIFY ANY I hereby certify that this building permit survey was prepared
20 0 10 20 EASEMENTS OF RECORD AFFECTING THE by me or under my direct supervision and that I am a duly
I I SUBJECT PROPER:rY . Licensed Land Survevor under the laws of the State of
Scale in Feet
0 DENOTES IRON MONUMENT FOUND
REV. 5/16/06 TO !;HOW PROPOSED DRAINAGE
5 UTILITY E4SEMI'NTS 5 PLAT NAME IN
LEGAL DESCRIPTION,
Basis of Bearing Datum
0 DENOTES IRON MONUMENT SET AND MARKED is assumed.
BY MINNESOTA LICENSE NO. 42309 REV 7/3/06 To (;HANGE HSE, TYPE 5
LOCATION.
Vnnesoto License M�. 42�-z
Dated this of iA \�z 2006
FILE NO. 10284 BOOK 251 1 PAGE 13
0
LEGAL DESCRIPTION: 1P
Lot 3, Block 2, "St. Hubertus" Village of Chanhassen, Carver
County, Minnesota, including half of vacated alley.
Note: No title commitment provided. Legal description and
easements assumed/per previous proposed site plan, dated
July, 2006.
SCOPE OF WORK & LIMITATIONS:
I Showing the length and direction of boundary lines of
the legal description listed above. The scope of our
services does not include determining what you own,
which is a legal matter. Please check the legal
description with your records or consult with competent
legal counsel, if necessary, to make sure that it is correct
and that any matters of record, such as easements, that
you wish to be included on the survey have been shown.
2. Showing the location of observed existing
improvements we deem necessary for the survey.
I Setting survey markers or verifying existing survey
markers to establish the comers of the property.
4. Existing building dimensions and setbacks measured to
outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of
the lot for your review and for the review of such
governmental agencies that may have jurisdiction over
these requirements to verify they are correctly shown
before proceeding with construction.
6. Showing elevations on the site at selected locations to
give some indication of the topography of the site. We
have also provided a benchmark for your use in
determining elevations for construction on this site. The
elevations shown relate only to the benchmark provided
on this survey. Use that benchmark and check at least
one other feature shown on the survey when
determining other elevations for use on this site or
before beginning construction. Elevation datum per
previous site plan dated July, 2006.
7. This survey has been completed without the benefit of a
current title commitment. There may be existing
easements or other encumbrances that would be
revealed by a current title commitment. Therefore, this
survey does not purport to show any easements or
encumbrances other than the ones shown hereon.
STANDARD SYMBOLS & CONVENTIONS:
"0" Denotes iron survey marker, found, unless otherwise
noted.
0
S 89'54'00" E
BENCHUAW,
VIM RIM OF M% 59.90
ELEV.-964.32 A a f IMT�
EXISTING
HARDCOVER
HOUSE
1,631
SQ.
FT.
DRIVEWAY
521
SQ.
FT.
WALK
66
SO.
FT.
PORCH
81
SQ.
FT.
DECK
17
SO.
FT.
PUBLIC WALK
214
SQ.
FT.
CONC. WALL (W.W.)
8
SO.
FT.
TOTAL EXISTING HARDCOVER 2,538 SO. FT.
AREA OF LOT 8,981 SO. FT.
LOT COVERAGE 28.3%
%4.6
W -1
t
00
9 0
0 1
PUZ
0-
0
(n
_2,'A"ATED ALLN(
59.9-0— — —
5
XX(STEPS)
10.0.
7.
&
S NG
LLING
2
4.6
PORCH
5
I
4-
I —wAA J 3
--T -------- ty" 5
10
(196116
t
C14
/Z
96L9
EXISTING
DWELLING
-F A5.56
2'.
_tA 15A
77
_47.63
K' 89*55'15" W
78T. ff ST. #.r
�11A-Xdvance
Sufve.i,41w & Enginetwing, Co.
17917 Highway No. 7
Minnetonka, Minnesota 55345
Phone (952) 474-7964
Web: www.advsur.com
CLIENTMOB ADDRESS
JOSHPICKARD
204 78TH ST. W
CHAAWASSEW MN
SHEET TITLE
MUSTING SURVEY
SHEET SEZE: I I X 17
DRAWING NUMBER
171192 WP
DATE SURVEYED: OCTOBER 30,2017
DATE DRAFTED: NOVEMBER 1. 2017
)ATE I REVISION DESCRIPTION
I HERMY CER IF I 11HAT 1110 FLAK SJRVV OR FEW
WAS PREPARED BY ME OR WIDER MY DIRECI
S1,11PERWIM AND IMT I AM A IDLLY RMSIM LAND
SIXYM LOW 1M LAWS OF TIE ST, IFE OF
k*NMTA.
Wayne W. Pro#
#43503 NOVEMBER 1, 201
LICENSE NO. DATE
DRAWING ORIENTATION & SCALE
0 I(y 29
SHEET NO.
S1
EXIISTING
DWELLING
9641
_2,'A"ATED ALLN(
59.9-0— — —
5
XX(STEPS)
10.0.
7.
&
S NG
LLING
2
4.6
PORCH
5
I
4-
I —wAA J 3
--T -------- ty" 5
10
(196116
t
C14
/Z
96L9
EXISTING
DWELLING
-F A5.56
2'.
_tA 15A
77
_47.63
K' 89*55'15" W
78T. ff ST. #.r
�11A-Xdvance
Sufve.i,41w & Enginetwing, Co.
17917 Highway No. 7
Minnetonka, Minnesota 55345
Phone (952) 474-7964
Web: www.advsur.com
CLIENTMOB ADDRESS
JOSHPICKARD
204 78TH ST. W
CHAAWASSEW MN
SHEET TITLE
MUSTING SURVEY
SHEET SEZE: I I X 17
DRAWING NUMBER
171192 WP
DATE SURVEYED: OCTOBER 30,2017
DATE DRAFTED: NOVEMBER 1. 2017
)ATE I REVISION DESCRIPTION
I HERMY CER IF I 11HAT 1110 FLAK SJRVV OR FEW
WAS PREPARED BY ME OR WIDER MY DIRECI
S1,11PERWIM AND IMT I AM A IDLLY RMSIM LAND
SIXYM LOW 1M LAWS OF TIE ST, IFE OF
k*NMTA.
Wayne W. Pro#
#43503 NOVEMBER 1, 201
LICENSE NO. DATE
DRAWING ORIENTATION & SCALE
0 I(y 29
SHEET NO.
S1
0 0
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
CITY OF CHANHASSEN
CARVER & HENNEPIN
COUNTIES
NOTICE OF PUBLIC Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
HEARING agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
PLANNING CASE NO. 2017-21 lager and has full knowledge of the facts herein stated as follows:
NOTICE IS HEREBY GIVEN
that the Chanhassen Planning (A) These newspapers have complied with the requirements constituting qualification as a legal
Commission will hold a public
hearing on Tuesday, November newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as
21,2017 at 7:00 p.m. in the CouncU amended.
Chambers in Chanhassen City
Hall, 7700 Market Blvd. The (B) The printed public notice that is attached to this Affidavit and identified as No.
i_cz 2 -
purpose of this hearing is to was published on the date or dates and in the newspaper stated in the attached Notice and said
consider a variance request for Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
hard surface coverage and front the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
yard setback on property zoned inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
Single Family Residential (RSF) and publication of the Notice:
and located at 204 West 78th
Street. Applicant/ owner: Julie abcdefghijkhnnopqrstu z
& Josh Pickard.
A plan showing the location
of the proposal is available Y7. L1�14 04w�
for public review on the city's B
web site at wwwci.chanhassen.
mn.us/2017-21 or at City Hall Laurie A. Hartmann
during regular business hours.
All interested persons are invi.ted
to attend this public hearing Subscribed and sworn before me on
and express their opinions with
respect to this proposal.
MacKenzie Walters
Email: mwaltersCw 1�
ci.chanhassen.mn.us this dayof
Phone: 952-227-1132
(Published in the Chanhassen
Villager on Thursday, November 7 JWME JEANNME MRK
9. 2017; No. 4522)
�;s
NOTARY PUBUC - KNINESOTA
18 Y&
WY CUMSSION ORRES 01/31P.. 8
EG=
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
November 29, 2017
0 0 / -) - _2j
CITY OF C HANHA1313E N
Chanhassen is a Community for Life -Providing for Today and Planning forTomorrow
Josh and Julie Pickard
204 78h Street West
Chanhassen, MN 55317
Re: Variance- Pergola and Driveway 204 78"' Street West
Dear Mr. & Mrs. Pickard,
This letter is to formally notify you that on November 21, 2017, the Chanhassen Planning
Commission voted to approve the following motion:
"The Chanhassen Board of Appeals and Adjustinents approves a three-foot front yard setback
variance for a pergola and 1.5 percent hardcover variance for an expanded driveway, subject to
the conditions of approval, and adopts the attached findings of Facts and Decisions."
The conditions of the variance are as follows:
1. Applicant shall construct ston-nwater BMP(s), such as a rain barrels at downspouts, to treat
all runoff created by all impervious surface over 25%.
2. Applicant shall grant the City an casement for the public sidewalk.
The variance is valid f*or one year from the approval date. The conditions placed on the variance
must be met by November 21, 2018. Please contact Vanessa Strong (952-227-1168) to discuss
how you can meet condition I and Stephanie Smith (952-227-1165) to discuss the steps needed
to rneet condition 2. If you have any questions, please contact me at 952-227-1132 or by email at
mwalters La).ci.chanhassen.mn.us.
Sincerely,
A,� "b�
MacKenzie Walters
Assistant Planner
ec: Vannessa Strong
Stephanie Smith
c: Building File
G:',PLAN,2017 Planning Cases -17-21 204 West 78th Street - VAR\Approval Utter 17-21.doc
PH 952.227.1100 - www-d-chanhassen.mus - FX 952-227-1110
7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317
0
0 / "7-2 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Josh and Julie Pickard for a three-foot front yard setback variance for a pergola
and 1.5 percent hardcover variance for an expanded driveway on a property zoned Single Family
Residential District (RSF) - Planning Case 2017-21
On November 21, 2017 the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to consider the application. The
Planning Commission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single -Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 3, Block 2, City Lots of Chanhassen
4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances arc consistent with the comprehensive
plan.
Finding: The applicant's pergola is similar to other architectural features that the City
allows to project into front yard setbacks, and does not negatively impact the property's
greenspaces or viewscape. Allowing architectural features to project into the required
front yard to increase the visual interest of a home's street facing facade is consistent
with the purpose and intent of the City's Zoning Code.
It is the intent of the portions of the Zoning Code addressing driveways to allow for
residents to safely enter public streets. Allowing a substandard lot additional lot coverage
in order to facilitate safer access onto a busy collector street is consistent with the intent
of the City's Zoning Code.
'So. OAS0
r -A
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b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not pen-nitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The house is located on a collector street which means that it is difficult to
safely exit the property while in reverse. The driveway was poured in its present
configuration to address safety concerns. Additionally, 781h Street West does not permit
on street parking, and a wider driveway is needed to allow for off street parking.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is located in one of the city's oldest subdivisions and the parcel is
significantly smaller than the minimum size required for lots zoned RSF. The
substandard size of the lot made it difficult for the applicant to construct a reasonably
sized home and driveway while staying under the district's 25 percent lot coverage.
Similarly sized lots in other districts are allowed up to 35 percent lot coverage.
Additionally, the homes location on the location long a collector street necessities a wide
enough driveway to facilitate a turnaround movement.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The house has existed in its present configuration for 10 years without
generating any complaints. Numerous other homes in the neighborhood do not meet the
City's required front yard setbacks and exceed the district's maximum lot coverage. The
City has granted eight variances to homes within 500 feet of the property, 3 of which
provided for a reduced front yard setback.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2017-21, dated November 21, 2017, prepared by MacKenzie Walters,
is incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves a 3 -foot front yard
setback variance for a pergola and a 1.5 percent lot coverage variance for the expanded
PA
driveway, subject to the conditions of approval, and adopts the attached findings of Facts and
Decisions:
1. Applicant shall construct stormwater BMP(s), such as a rain barrels at downspouts, to treat
all runoff created by all impervious surface over 25 percent.
2. Applicant shall grant the City an easement for the public sidewalk."
ADOPTED by the Chanhassen Planning Commission this 21 st day of November, 2017.
CITY OF CHANHASSEN
BY*
Chairman
3
Chanhassen Planning Co9ission — November 21, 2017
0 1�-Z I
Randall moved, Madsen seconded that the Chanhassen Board of Appeals and Adjustments
table Planning Case 2017-20 after receiving written agreement for a 60 day extension. All
voted in favor and the motion carried unanimously with a vote of 5 to 0.
Aller: That motion carries. Do we have a form currently that we can print out?
Aanenson: I think we can just ask for the 60 days. We're within our rights to ask for 60 days so.
Aller: Okay. Thank you.
PUBLIC HEARING:
204 WEST 78TH STREET: VARIANCE FOR HARD SURFACE COVERAGE AND
FRONT YARD SETBACK.
Aller: Is that you?
Walters: Yes it is.
Aller: Thank you MacKenzie.
Walters: So this is Case 2017-21. 204 78' Street West. This is a variance request. They're
requesting a 3 foot, an after the fact variance for a 3 foot front yard setback to accommodate a
pergola and an after the fact for 1.5 percent lot coverage for an expanded driveway. This is in
the same neighborhood as the last variance we heard. Let me get my laser pointer up here. The
property is located here. The zoning is the same. The only change, the relevant condition is
because this property accesses a collector road our ordinance does require it to have a turn
around accommodated within the driveway. The current site conditions are it's an 8,981 square
foot lot. It currently has 28.3 percent lot coverage. The existing front yard setback is 27 feet. It
meets all other setbacks and as a bit of an anomaly the public sidewalk is actually located on the
property instead of in the right-of-way and that's about 214 square feet of impervious surface.
The applicant is requesting to retain an expanded driveway and retain the pergola in it's existing
configuration. The applicant has stated that when the house was constructed about 10 years ago
the sidewalk was poured in a different position than intended right up against the house so that
forced the pergola footings to be further forward which pushed it out into the required front yard
setback. And then due to the difficulty of accessing 78 th Street West they chose to deviate from
the proposed driveway and widen it. The other reason they made that decision the construction
was because 78h Street does not allow street parking so they wanted to accommodate some on
site parking. After the property was built they had originally put an extra 385 square feet of
Class V aggregate or gravel to the side of the driveway. After consulting with staff they did
remove that to reduce the property's non-compliance. As was noted in earlier discussions a lot
of properties in this neighborhood do encroach within the front yard setback and they feel the
pergola adds architectural interest to the front fagade. When staff looked it over one of the things
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Chanhassen Planning Commission — November 21, 2017
we noticed was as mentioned the public sidewalk. It's a bit of a gray area in the ordinance.
Because there is no easement we would count it against the property. Staff's preference is that
an easement be granted which would then remove that from the private domain. Put it into the
public domain. At that point we'd be looking at a 1.5 percent hard surface variance. Staff agrees
with the applicant's assessment that 78th Street West has parking and access issues and that a
driveway capable of accommodating parking and turn around is a very reasonable request.
Regarding the pergola the city code actually allows by right encroachment for architectural
features. Pergolas aren't specifically mentioned. Our closest would be canopies and eaves
which are allowed to encroach 2.5 feet. From that lands the pergola is 6 inches over but because
of the way variances work a full 3 foot would need to be granted. By way of reference if it was a
bay window or an open balcony it would be allowed to encroach 3 feet and a variance wouldn't
be required. An open deck would be allowed 5 feet by rights. This doesn't really interfere with
sight lines or increase mass. It's over the driveway. It's been there for 10 years. No complaints
have been received. Just looking at all those factors staff is recommending approval with
conditions for the requested variances and I'll take any questions at this time.
Aller: Any questions based on the report? Commissioner Weick.
Weick: Does removing the sidewalk from private and adding it as an easement, does that change
responsibility for clearing the sidewalk in the winter or anything? Do we do that here?
Aanenson: No.
Weick: Okay. I wasn't sure.
Aller: Interesting question.
Walters: Good question yeah. I learned the answer as you did.
Weick: Where I come from it does change so that's the reason I ask.
Aller: Is it 48 hours after a snowfall. Any additional questions of staff a this point?
Commissioner Madsen.
Madsen: In the report there's a mention of allowing a non -hard cover bump out to be
incorporated into the driveway to provide a turn around. How does that work and does that add
to the hard surface?
Walters: Yeah so it was not made a condition. Engineering's concern is that because of the
configuration, the wider driveway that it will ftinction more as parking then to accommodate turn
around movements. Geogrid which is you know the hexes with the grass is not considered
impervious and would be allowed in that situation. So they would have to do that. We briefly
mentioned it. I believe when I spoke with the applicant on that in the interest of expediency they
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Chanhassen Planning Commission — November 21, 2017
just pulled the gravel and re -sodded because they're trying to move forward with the variance
and some projects. We did not make that a condition. It's a recommendation on staffs part.
Madsen: So they could choose to do it at a later time if they wanted?
Walters: Yep, as long as it was geogrid. If they tried to put in pervious pavers or one of those
technologies then that would count as lot coverage and then they would have to go for a variance
for that increase.
Madsen: Okay, thank you.
Walters: Yep.
Aller: Any additional questions? Hearing none we'll hear from the applicant at this point in
time. If you could come forward. State your name and address for the record and let us know
about your request.
Josh Pickard: I'm Josh Pickard. I'm the homeowner at 204 West 78 th Street.
Aller: Welcome.
Josh Pickard: So when we.
Tietz: Looks like you have helpers.
Madsen: Who's that?
Josh Pickard: Go sit down. So part of the, and forgive us for being a little na�fve when we, this is
our first house that we've ever built. We did our best to try to comply with everything. One of
the things that we believe happened, and it's hard to see in here but the original site plan, which I
can zoom in maybe a little bit. You can see where the bump out takes place right here. I don't
believe the original company who no longer exists that did the as -built. Or not the as, or the
preliminary drawings, I think they factored in a 5 foot wide sidewalk which you had mentioned
and it's actually a 6 foot wide so it's exactly 25 as it stands. What we did was we took that little
bump out off and ran the driveway straight down so I don't know how it went from, it should
have been almost a wash as far as the hard surface coverage so we think there was some
miscalculations that took place.
Aanenson: He's fine.
Josh Pickard: Pick it up and go sit down. And so and what we ran into too and once again we
should have come to the City to discuss but as they mentioned the sidewalk, the original design
was supposed to be bumped out farther allowing the pergola to go set back up against the house.
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Chanhassen Planning Commission — November 21, 2017
They didn't do that. Not thinking about it being an issue because you can walk down West 780'
from the sidewalk and actually touch structures as you're walking down. It doesn't mean what
we did was right or wrong. And then what we found as we got into the space was our garage is
actually relatively narrow so the way that this set up is it would be next to impossible to actually
back out and use the turn around that's actually there which is where we ended up putting the
Class V in. Once again not really thinking that that was going to be impervious surface coverage
because most of the water actually does go through it. I mean I can show you pictures of the
weeds that grow plentiful there that I have to kill every summer and so that's why we ended up
doing what we had done. We haven't had any issues with that backing out, straight out or using
the driveway as it stands right now as a turn around. I will tell you that the Class V was
extremely beneficial because there is no parking on West 78,h. We have to go around the comer
to Erie, which is, can cause problems in the winter time because you're not allowed to park
overnight on the street and there's just no parking on West 78 1h but to you know to good favor to
the City we went ahead and removed that Class V and sodded over it but you know in all
honestly we'd love to get some surface coverage back there and if we can work to have it you
know not impervious to where it doesn't affect the hard surface coverage we'd love to have that.
And my kids do enjoy stepping out back and seeing the fire truck every summer.
Aller: Any questions of the applicant at this time? Hearing none, that's it. Thank you sir.
Josh Pickard: Thank you.
Aller: Okay this is a request for a variance so we will have a public hearing on this item so I'm
opening the public hearing for this particular variance and anyone wishing to speak either for or
against this item can do so at this time. Seeing no one come, oops.
Jack Atkins: Since I'm here.
Aller: Okay.
Jack Atkins: Jack Atkins. I live about 3 houses west of there at 220 West 78th and we certainly
don't have any objection. That street is a definite hardship for anybody trying to pull out on that
road so no objections here and I'd like to thank them. I now know what a pergola is.
Aller: Thank you. Any additional comments at this time? Seeing no one come forward I'll
close the public hearing and open it up for commissioner discussion. I think this is exactly the
type of reason that we have variances is to come in and try to, this is a practical use of a
driveway to make a lot work on the basic standpoint of driveway to garage pre -construction
plans and runoff based on the setbacks and the obvious error in the placement of the sidewalk so
I think that I appreciate the fact that an applicant comes forward and does it right regardless of
how the situation arose. They're coming forward at this point in time and the Pickard's are
saying you know we're going to take away this other quick fix that we put in there. We're going
to come in and ask for an appropriate variance which is acceptable to the City and I think that
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Chanhassen Planning Commission — November 21, 2017
they've come forward with something that actually works and is reasonable under the
circumstances.
Tietz: Andrew?
Aller: Commissioner Tietz.
Tietz: I just want to clarify though this is, we're not providing for a bump out for a turn around.
We're only approving what is existing which I assume that the property is for sale. I noticed that
when I drove by so it's, we're solving a historic issue prior to sale and, but we haven't solved the
turn around opportunity to drive out unless you can back around and hit the grass and turn
around on a 20 foot apron I guess so you know I don't have any problem with it. I'm just
making sure I understand that we're not granting anything more than what is currently on site
and we're just approving that for kind of, well a 10 year old issue.
Aller: Well I think we're allowing for the pergola to come out and we're allowing for the
additional drive to be done, right?
Tietz: But I think the owner had stated that the gravel was put on so that they could turn around
and that's not going to be possible now.
Aller: But that's not required by the City?
Walters: The, so there's a memo from the engineering department on this. They are satisfied
with the current configuration of the driveway that it would hypothetically allow a turn around
movement. That being said there is the staff recommendation that geogrid be used to create a
better turn around and parking area but that's not a condition. That's going to be up to the
applicant and yeah the hard cover variance would not allow for an impervious surface turn
around to be included.
Weick: And is the I V2percent hard cover variance, is that net of the sidewalk then?
Walters: That is with the condition that the casement be entered into to remove the sidewalk.
Without the sidewalk easement it's a 3.3 percent.
Aller: I mean in reality it's, the hard cover's there and it's an issue that needs to be dealt with
and addressed community wise but I don't think it should be held against the homeowner in this
particular case when the easement can be granted and we wouldn't be holding it against them
had it been done properly in the first place.
Weick: Had what been done properly?
Aller: If the sidewalk hadn't encroached farther than it should have.
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Chanhassen Planning Commission — November 21, 2017
Weick: I mean the public sidewalk. Aren't there 2 sidewalks in question here?
Walters: Yes. To clarify the construction error is the sidewalk the homeowner installed
driveway to entryway.
Weick: Next to the house?
Walters: Yeah. The public sidewalk being on their property is 1887 survey line type of issue.
Weick: I mean 1, 1 hate to tax somebody with that.
Aller: Right, which is why we're.
Weick: Because I wish we all had sidewalks but that's a whole another city issue. Yeah, I don't
know. I'm just thinking in my head. I think I'm thinking probably and I don't know have to say
it out loud what John, Commissioner Tietz is probably thinking as well which is net of that, if we
could do even a smaller area where we could actually do a turn around. I mean it's, I drove
around there twice in the last week and it's busy. That's a busy street. Surprisingly busy
actually. I didn't realize that and so being able to turn around in there I think is important. I just
wish we were sort of solving that as well but that's neither here nor there.
Aller: So then the question is, and since it hasn't been presented what trade off, or I mean we
could make it a condition that it be used for that. I mean that's really not what has been
requested so.
Weick: It would be adding something that wasn't asked for so I guess we just go as is and.
Aller: And then what are the numbers and then what would the trade off be? Whether it's
square footage, if we did a turn off and we created it then how much square footage are we
actually adding and what does the hard coverage calculation end up being then.
Weick: Yeah. But as is I think it works right?
Aller: Right.
Weick: So I could propose a motion if, are we at that point?
Aller: We're at that point.
Weick: Can I do that?
Aller: We're at that point.
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Chanhassen Planning Commission — November 21, 2017
Weick: The Chanhassen Board of Appeals and Adjustments approves a 3 foot front yard setback
variance for a pergola and a 1.5 percent hard cover variance for an expanded driveway subject to
the conditions of approval and adopts the attached Findings of Fact and Decisions.
Aller: I have a motion. Do I have a second?
Madsen: Second.
Aller: Having a motion and a second, any further discussion?
Weick moved, Madsen seconded that the Chanhassen Board of Appeals and Adjustments
approves a 3 foot front yard setback variance for a pergola and a 1.5 percent hard cover
variance for an expanded driveway subject to the following conditions of approval and
adopts the attached Findings of Fact and Decisions:
The applicant shall construct stormwater BMP(s), such as rain barrels at downspouts to
treat all runoff created by all impervious surface over 25 percent.
2. The applicant shall grant the City an easement for the public sidewalk.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
CODE AMENDMENTS: CONSIDER AMENDMENTS TO CHAPTER I "GENERAL
PROVISIONS�9; CHAPTER 7 "BUILDINGS AND BUILDING REGULATIONS";
CHAPTER 18 "SUBDIVISIONS"; AND CHAPTER 20 "ZONING"OF THE
CHANHASSEN CITY CODE REGARDING THE FOLLOWING:
A. DRIVE THROUGHS: MODIFY MINIMUM STACKING DISTANCE AND
CLASSIFY AS CONDITIONAL USE.
B. PRIVATE STREET: SIGN GUIDELINES.
C. STREET DESIGN: GUIDELINES.
D. ADULT DAYCARE: DEFINE AND ALLOW IN APPROPRIATE DISTRICTS.
E. PUD SETBACKS: ALLOW INCREASED FLEXIBILITY.
F. LOT COVERAGE: UPDATE ASSOCIATED DEFINITIONS, IMPERVIOUS
AND PERVIOUS SURFACES, AND TERMINOLOGY.
Walters: This one is mine as well. We were talking, I think the best way to do this, if the Chair
does not object is to roll all these into one public hearing at the end.
Aller: Okay.
19
CITY OF CHANHASSEN
PROPOSED MOTION:
PC DATE: November 21, 2017
CC DANO December 11, 2017 C -2 -
REVIEW DEADLINE: November 9,2017
CASE#: 2017-21
BY: MW
"The Chanhassen Board of Appeals and Adjustments approves a three-foot front yard setback
variance for a pergola and 1.5 percent hardcover variance for an expanded driveway, subject to the
conditions of approval, and adopts the attached findings of Facts and Decisions."
(Note: A motion for denial and appropriate findings of fact are also included at the end of the
report.)
SUMMARY OF REQUEST:
The applicant is requesting an after the fact variance to accommodate a pergola that projects
three feet into the required 30 -foot front yard setback and an expanded driveway that caused the
property to exceed its permitted 25 percent lot coverage by 3.3 percent. The applicant has stated
that pergola was constructed closer to the street than intended due to a mistake during
construction, and that the driveway was expanded to allow for safer entering onto 78 1h Street
West.
LOCATION: 20478 1h Street West
(PID 250500141)
*-'A �_,
O"ER: Josh and Julie Pickard
20478 1h Street West
Chanhassen, MN 55317
PRESENT ZONING: RSF
2030 LAND USE PLAN: Residential Low
Density
ACREAGE: .1 9acres DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city's discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high
level of discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi-judicial decision.
Planning Commission 0 0
204 West 78h Street — Planning Case 2017-21
November 21, 2017
Page 2 of 7
Notice of this public hearing has been mailed to all property owners
within 500 feet.
PROPOSAUSUMMARY
The applicant constructed this house in 2006. During construction the
sidewalk was poured closer to the house than originally proposed
which resulted in the pergola footings being placed further from the
home than initially planned. Additionally, the driveway was poured
wider than shown in the approved plans to allow for easier ingress
and egress and provide off street parking. As a result of these two
alterations, the pergola encroaches three feet into the front yard
setback and property exceeds its allowed lot coverage by 308.5
square feet.
In order to allow for easier turn around maneuvers the applicant
added 385 square feet of gravel surface to the side of the driveway.
After a consultation with city staff in October of 2017, the applicant
removed the gravel and replaced it with sod.
The applicant is requesting a variance for the pergola as they feel the
architectural feature adds to the home and that a reduced front yard
setback is in character with the majority of homes in the neighborhood.
The applicant is requesting a variance to maintain the existing lot coverage as 78 1h Street West is
a busy road and they feel the existing driveway is needed to safely enter and exit the property.
Additionally, parking is not permitted along 78th Street West and a wider driveway is needed to
accommodate off street parking.
APPLICABLE REGULATIONS
Chapter 20, Article 11, Division 3, Variances
Chapter 20, Article XII. "RSF" Single-family residential district
Section 20-615. Lot requirements and setbacks.
Chapter 20, Article XXIII, Division 1, Generally
Section 20-908. Yard Regulations
Chapter 20, Article XXlV, Division 2, Parking and Loading
Section 20-1122. Access and Driveways
BACKGROUND
On July 27, 2006 the city issued a permit for the construction of detached single-family house.
On November 5, 2007 the city sent a letter to Josh Pickard informing him that the submitted asbuilt
survey did not match what was observed on the property. Amongst other items, it was noted that the
Planning Commission 0 1*
204 West 781h Street — Planning Case 2017-21
November 21, 2017
Page 3 of 7
driveway had not been constructed as shown on the approved permit, that the added driveway
impervious surface was not included in the lot coverage calculations, and that the pergola not
depicted on the permit altered the front setback. A new asbuilt was requested, but not received. The
city did not release the escrow, but took no further action against the property.
On November 1, 2017 Josh Pickard submitted a revised asbuilt survey as part of PC 2017-21.
SITE CONDITIONS
The property and surrounding neighborhood is
zoned Single -Family Residential. This zoning
district requires lots to be a minimum of 15,000
square feet, have front yard setbacks of 30 feet,
rear yard setbacks of 30 feet, side yard setbacks of
10 feet, and limits lot coverage to a maximum of
25 percent of lot area.
The lot is an 8,981 square foot lot that currently
has 2,538 square feet of impervious surface
resulting in 28.3 percent lot coverage. The lot is
technically a double frontage lot due to the plated
allevwav to the north even thoup-h the allev is not
9
physically present and its right of way has been partially vacated. The existing house is setback
27 feet from the front lot line, and meets the required rear and side yard setbacks.
NEIGHBORHOOD
St. Hubertus/City lots qf Chanhassen
The plat for this area was recorded in
October of 1887. Residential lots in
this neighborhood vary between. 16
and .39 acres. The larger lots are the
results of lots being split and merged
to adjoining properties after the
original plat was filed. The lots
retainina their orii-inal dimensions
appear to average around .20 acres. Due to the predominately -small lot sizes and age of the
subdivision, many properties in the neighborhood do not meet the required setbacks and exceed
25 percent lot coverage.
Planning Commission 0 0
204 West 78h Street — Planning Case 2017-21
November 21, 2017
Page 4 of 7
Variances within 500feet:
1979-13 201 Chan View: Approved- five-foot side and 25 -foot rear yard setbacks (detached
garage)
1980-05 203 1/2Chan View: Approved- five-foot side and 20 -foot rear yard setbacks (detached
garage)
1983-13 222 Chan View: Approved- seven -foot side yard setback (attached garage)
1985-06 7725 Frontier Trail: See 1988-10
1986-05 202 W 77 Ih Street: Approved- tow -foot side yard setback (detached garage)
1988-10 7725 Frontier Trail: Approved- three-foot side yard setback (convert I car garage to 2
car garage)
1999-06 226 Chan View: Approved- 18 -foot front yard setback (addition) and 10 -foot front yard
setback (detached garage)
2001-01220 W 78 Ih Street: Approved- 21.5 -foot front yard setback (addition)
2004-39 222 W 78 Ih Street: Approved- 26.2 -foot front yard setback to intensify existing non-
conformity (front canopy with supports)
ANALYSIS
Front Yard Setback
The property's garage features a pergola as an architectural element
which encroaches 3 feet into the required front yard setback. The
applicant has stated that the property's sidewalk was poured closer to the
home than originally intended, which resulted in the pergola extending
further into the front yard.
The City Code does grant setback encroachments to similar structures
with eaves and canopies being allowed to project 2.5 feet, balconies and
open porches being allowed to project 3 feet, and decks and patios being
allow to project up to 5 feet. While pergolas are not specifically
addressed, they most closely resemble the architectural features listed
along with the eaves and canopies. Given this, the pergola exceeds the
projection allowed by City Ordinance by.5 feet; however, since the
setbacks granted by a variance include eaves and architectural features, a
Moot front yard setback variance is required.
%J I k
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Planning Commission 0
204 West 78h Street — Planning Case 2017-21
November 21, 2017
Page 5 of 7
The city establishes front yard setbacks in order to prevent neighborhoods fi-om feeling crowded due
to structures being located excessively close to the road, to ensure the presence of greenspace, and
to provide sufficient driveway length to accommodate off street parking. Since the pergola is an
open structure situated over the driveway, it does not reduce the property's greenspace or interfere
with the amount of off shvet parking provided by the driveway, and its open nature does not
significantly increase the visual mass of the home. As was mentioned by the applicant, numerous
homes in St. Hubertus neighborhood encroach significantly more into the front yard setback than
the applicant's pergola.
Lot Coverage
The initial plans for the home called for a driveway with a I 0 -foot wide access to 78th Street West
that subsequently widened to 19 feet and included a turnaround stub. While this configuration met
Sec. 20-1122's requirement that driveways entering onto a collector roadway include a turnaround,
it provided only a limited amount of off street parking. The applicant has stated that the driveway
was poured wider than proposed in 16 Is'
-J�J962'fi ;
order to provide for easier A 7 4
turnaround and to provide
additional parking, as no street
parking is permitted along 78h
Street West. The revised driveway
configuration led to the property
exceeding its permitted lot coverage
by 292.75 square feet, or 3.3
percent. Since the St. Hubertus
subdivision's stormwater treatment does not meet current standards and the area has a history of
street flooding, staff believes that even this relatively small overage is of concern and should be
mitigated onsite through strornwater BMPs.
The applicant also added approximately 385 square feet of class 5 gravel along
the side of the driveway in order to finther expand its area, believing that class 5
was not considered impervious surface. After a consultation with staff in October
2017 where they were informed that it constituted lot cover, they removed the
gravel in order to bring the property closer into compliance with City Code;
however, they believe that the driveway's current configuration and dimensions
are necessary to facilitate safe access onto 78h Street West. Staff is concerned
that the additional driveway width will not function as a turn around, and
recommends that a non -hardcover bump -out be incorporated into the driveway
design to further facilitate turning movements.
The property also features a public sidewalk partially located within its lot lines.
While the City Code exempts the lot cover associated with public and private
streets from hardcover calculations, public sidewalks without easements are not
specifically addressed. If the 214 square feet of public sidewalk was subject to an
E30
of—,
CtUal D MS. 5
8"Lue" fro
L -41
subdivision's stormwater treatment does not meet current standards and the area has a history of
street flooding, staff believes that even this relatively small overage is of concern and should be
mitigated onsite through strornwater BMPs.
The applicant also added approximately 385 square feet of class 5 gravel along
the side of the driveway in order to finther expand its area, believing that class 5
was not considered impervious surface. After a consultation with staff in October
2017 where they were informed that it constituted lot cover, they removed the
gravel in order to bring the property closer into compliance with City Code;
however, they believe that the driveway's current configuration and dimensions
are necessary to facilitate safe access onto 78h Street West. Staff is concerned
that the additional driveway width will not function as a turn around, and
recommends that a non -hardcover bump -out be incorporated into the driveway
design to further facilitate turning movements.
The property also features a public sidewalk partially located within its lot lines.
While the City Code exempts the lot cover associated with public and private
streets from hardcover calculations, public sidewalks without easements are not
specifically addressed. If the 214 square feet of public sidewalk was subject to an
Planning Commission 0 0
204 West 78h Street — Planning Case 2017-21
November 21, 2017
Page 6 of 7
easement, the property would only exceed its permitted lot coverage by 132.25 square feet, or 1.5
percent. Staff is recommending that the applicant be required to grant the city an easement for
sidewalk which would remove both the sidewalks lot coverage and the lot area under the sidewalk
from the property's lot coverage area. This would reduce the required lot coverage variance to 1.5
percent.
Impact on Neighborhood
St. Hubertus is one of the oldest subdivions in the city
and aerial photos show that many, if not most, of the
properties in the neighborhood do not confonn to current
setback or hardcover standards. Staff is aware of eight
separate variances being granted to properties within 500
feet of the applicants' home. Tliree of these variances
were allowed for reduced front yard setbacks.
The house has existed in its current confieuration for 10
years and has not generated complaints from the neighborhood. While no other property in the
neighborhood has a pergola, other homes do have expanded eaves or canopies which add
architectural interest to their street frontage. The requested variances would not disrupt the existing
character of the neighborhood.
SUMMARY
The applicant is requesting an after the fact variance to address deviations from the approved
plans that occurred during construction. While the applicant was notified that the house had not
been constructed as proposed, and that a revised asbuilt survey was required to determine if the
constructed house meet City Ordinance 10 years ago, the city took no subsequent action against
the property. The applicant removed approximately 395 square feet of lot coverage in an effort to
reduce the property's deviation from City Code.
The property's existing configuration does not negatively alter the character of the
neighborhood. The pergolas encroachment into the front yard setback is very limited, and would
be allowed if the pergola was a deck or balcony, both of which would have a larger visual
impact. The property exceeds its permitted lot coverage partially due the presence of public
infrastructure and the safety concerns caused by having access off of a collector street.
Additionally, the lot's substandard size, 8,981 square feet as opposed to the 15,000 square -foot
minimum for the RSF district, meant that the owners had a very limited amount of lot coverage
with which to construct a home, driveway, and accessory structures.
Planning Commission 0
204 West 78h Street — Planning Case 2017-21
November 21, 2017
Page 7 of 7
RECOMMENDATION
Staff recommends that the Planning Commission approve a three-foot front yard setback
variance for a pergola and a 1.5 percent lot coverage variance for the expanded driveway, subject
to the conditions of approval, and adopts the attached findings of Facts and Decisions:
1. Applicant shall construct stormwater BMP(s), such as a rain barrels at downspouts, to treat
all runoff created by all impervious surface over 25 percent.
2. Applicant shall grant the city an easement for the public sidewalk.
Should the Planning Commission deny the variance request for the pergola and expanded
driveway, it is recommended that the planning Commission adopt the following motion and
attached Finding of Fact and Decision:
"The Chanhassen Board of Appeals and Adjustments denies a three-foot front yard setback
variance for a pergola and 3.3 percent hardcover variance for an expanded driveway, and adopts
the attached findings of Facts and Decisions."
ATTACHMENTS
1 . Nov 5, 2007 Letter
2. 171121 Eng Memo
3. Finding of Fact and Decision Approval
4. Finding of Fact and Decision Denial
5. Development Review Application
6. Public Hearing Notice Mailing List
7. Variance Document
G:TLAN\2017 Planning Cases\17-21 204 West 78th Street - VAR\Staff Report -204 West 78th Street—PC.doc
0 0 T1. C d-
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
November 5, 2007
In regards to: Asbuilt submitted for release of escrow Permit # 2006-00867
Josh Pickard
204 West 78th Street
Chanhassen, MN 55317
Dear Sir:
After receiving an asbuilt darawin for r,jew in the mail I stopped by for a
'o
visual inspection of the pro 'ul't on I , _I I I - 1 -07 and while there
16 to bem�coffo'cted before any escrow is released.
noted some deficiencies that nel
The followiniz is a list of items that must be addressed on the survey submitted:
I . All Easement lines must be shown.
2. Rear setback line must be shown.
3. Locate all existing structures on site.
4. Revise or correct grading for the surface water drainage along the east side of
property.
5. Driveway should be constructed as shown on permit.
The City planner was also along and noted some other items that need addressing.
1. Arbor not shown on building permit changes front setback.
2. Driveway improved surface not as shown on permit or in hard surface
calculations.
Egress window not on approved permit might have side yard drainage issues.
4. Door, west side of garage not on permit missing required slab.
I have sent along the standard list we use for checking the survey's to be
submitted for escrow release.
If you have any questions please feel free to contact me at 952-227-1163 or
slenz(i�ci.chanhassen.mn.us.
Respectfully,
Steve Lenz
Engineering Technician
City of Chanhassen
cc: Jerry Mohn, Building Official
Angie Auseth, Planner
MEMORANDUM
0 9
CITY OF C HANHASSE N
Chanhassen is a Community for Life -ProvidingforToday and Planning forTomorrow
TO: MacKenzie Walters, Assistant Planner
FROM: Stephanie Smith, Project Engineer
DATE: November 21, 2017
SUBJ: Variance for hardcover and setback for property zoned Single -Family Residential (RSF)
and located at 204 West 781 Street
Planning Case: 2017-21
I have reviewed the above request for a variance and have the following comments:
Driveway
This parcel fronts onto West 781 Street. This street is designated a Major Collector in the city's 2030
Comprehensive Plan. To provide safe ingress and egress for homeowners, City Code 20-1122 (10) requires
a driveway turnaround for driveways entering onto collector roadways. The applicant proposes to use the
additional driveway width as a turnaround. Staff has concerns that the additional width will ftmction only
as a wider driveway and recommends a non -hardcover bump -out be incorporated into the driveway design
to further facilitate turning movements.
Stormwater
This area of Chanhassen was platted in 1889. Although some stormwater pipe and a stormwater pond were
constructed in the 1980's, there is insufficient treatment of that stormwater by current standards. This
neighborhood also has a known history of street flooding.
This parcel is over the maximum 25 percent hardcover allowed by ordinance. However a public sidewalk
crosses the property. If the variance is approved, the applicant shall grant the city an easement so the
sidewalk can be subtracted from the hardcover calculation, as it is providing a public use. When the
sidewalk is subtracted from the hardcover calculation, the variance request is for 1.5 percent over the 25
percent hardcover maximun-4 or 26.5 percent.
If the variance is approved, the applicant shall construct stormwater BMP(s), such as a rain barrels at
downspouts, to treat all runoff created by all impervious surface over the 25 percent maximum.
Condition of Approval:
1. Applicant shall construct stormwater BMP(s), such as a rain barrels at downspouts, to treat all
runoff created by all impervious surface over 25 percent.
2. Applicant shall grant the city an easement for the sidewalk.
PH 952.227. 1100 - www.d.chanhassen.mus - FX 952-227. 1110
7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317
0 9
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Josh and Julie Pickard for a three-foot front yard setback variance for a pergola
and 1.5 percent hardcover variance for an expanded driveway on a property zoned Single Family
Residential District (RSF) - Planning Case 2017-21
On November 21, 2017 the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to consider the application. The
Planning Commission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single -Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 3, Block 2, City Lots of Chanhassen
4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The applicant's pergola is similar to other architectural features that the City
allows to project into front yard setbacks, and does not negatively impact the property's
greenspaces or viewscape. Allowing architectural features to project into the required
front yard to increase the visual interest of a home's street facing facade is consistent
with the purpose and intent of the City's Zoning Code.
It is the intent of the portions of the Zoning Code addressing driveways to allow for
residents to safely enter public streets. Allowing a substandard lot additional lot coverage
in order to facilitate safer access onto a busy collector street is consistent with the intent
of the City's Zoning Code.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The house is located on a collector street which means that it is difficult to
safely exit the property while in reverse. The driveway was poured in its present
configuration to address safety concerns. Additionally, 78'h Street West does not permit
on street parking, and a wider driveway is needed to allow for off street parking.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is located in one of the city's oldest subdivisions and the parcel is
significantly smaller than the minimum size required for lots zoned RSF. The
substandard size of the lot made it difficult for the applicant to construct a reasonably
sized home and driveway while staying under the district's 25 percent lot coverage.
Similarly sized lots in other districts are allowed up to 35 percent lot coverage.
Additionally, the homes location on the4oeftfien4ong a collector street necessities a wide
enough driveway to facilitate a turnaround movement.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The house has existed in its present configuration for 10 years without
generating any complaints. Numerous other homes in the neighborhood do not meet the
City's required front yard setbacks and exceed the district's maximum lot coverage. The
City has granted eight variances to homes within 500 feet of the property, 3 of which
provided for a reduced front yard setback.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2017-21, dated November 21, 2017, prepared by MacKenzie Walters,
is incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves a 3 -foot front yard
setback variance for a pergola and a 1.5 percent lot coverage variance for the expanded
N
r] L
0
driveway, subject to the conditions of approval, and adopts the attached findings of Facts and
Decisions:
1. Applicant shall construct stormwater BMP(s), such as a rain barrels at downspouts, to treat
all runoff created by all impervious surface over 25 percent.
2. Applicant shall grant the City an easement for the public sidewalk."
ADOPTED by the Chanhassen Planning Commission this 21 st day of November, 2017.
CFFY OF CHANHASSEN
BY:
Chainnan
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(DENIED)
IN RE:
Application of Josh and Julie Pickard for a three-foot front yard setback variance for a pergola
and 3.3 percent hardcover variance for an expanded driveway on a property zoned Single Family
Residential District (RSF) - Planning Case 2017-21
On November 21, 2017, the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to consider the application. The
Planning Commission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The Board of Appeals and Adjustments makes the following
FINDINGS OF FACT
1. The property is currently zoned Single -Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 3, Block 2, City Lots of Chanhassen
4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The City limits the amount of impervious surface on properties to allow it to
manage the stormwater generated during rain events. Allowing a property to increase its
lot coverage beyond what is permitted in its zoning district is not in line with the intent of
the City Code.
The City Code already permits eaves and architectural features to project into required
yard setbacks. Allowing an architectural feature to project beyond those established limits
would violate the intent of limiting the encroachment of arcticetual features.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The originally submitted and approved plan for the City conformed to all City
Ordinances. Had the plan been followed a single family home and driveway would have
been constructed on the property which would not require a variance.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property owner is also the party listed as the contractoribuilder on the
original building permit. They are responsible for the house not being built according to
the approved plans.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The house has existed in its present configuration for 10 years without
generating any complaints. Numerous other homes in the neighborhood do not meet the
City's required front yard setbacks and exceed the district's maximum lot coverage. The
City has granted 8 variances to homes within 500 feet of the property, 3 of which
provided for a reduced front yard setback.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2017-2 1, dated November 21, 2017, prepared by MacKenzie Walters,
is incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments denies a 3 foot front yard setback
variance for a pergola and 3.3 percent hardcover variance for an expanded driveway"
ADOPTED by the Chanhassen Planning Commission this 21 st day of November, 2017.
CITY OF CHANHASSEN
BY:
Chairman
2
0
1]
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317 MY OF CHMSEN
Phone: (952) 227-1300 Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: 1b -;�-�Q PC Date: C
CC Date: 60-D.y Review Date: +
Section 1: Application Type
(check all that apply)
(Refer to the appropriate Application Checklist for required
submittal information that must accompany this application)
Comprehensive Plan Amendment. . ... .................. $600
Subdivision (SUB)
El Minor MUSA line for failing on-site sewers ..... $100
E] Create 3 lots or less . ............................... ... _ $300
Conditional Use Permit (CUP)
E] Create over 3 lots.. .. ...... . ..$600 + $15 per lot
El Single -Family Residence ................................ $325
lots
E] Metes & Bounds (2 lots) .................................. $300
El All Others .... ............................................ ....... $425
Consolidate Lots .............................................. $150
El Interim Use Permit (IUP)
Lot Line Adjustment ......................................... $150
Final Plat
El In conjunction with Single -Family Residence.. $325
EJ All Others
.......................................................... $700
(Includes $450 escrow for attorney costs)*
...................................................... .$425
escrow may be required for other applications
El Rezoning (REZ)
through the development contract
L1 Planned Unit Development (PUD) .................. $750
El Vacation of Easements/Right-of-way (VAC) ........ $300
El Minor Amendment to existing PUD ................. S100
(Additional recording fees may apply)
El All Others ......................................................... $500
Variance (VAR) ...... .................... . .. ............. $200
El Sign Plan Review ................................................... $150
Wetland Alteration Permit (WAP)
El Site Plan Review (SPR)
0 Single -Family Residence ............................... $150
El Administrative .................................................. $100
0 All Others .............. ........................................ $275
El Commerciawnclustrial Districts* $500
......................
Plus $10 per 1,000 square feet of building area:
E3 Zoning Appeal .................................................... $100
thousand square feet)
Include number of existin employees
Zoning Ordinance Amendment (ZOA) ................. $500
-include number of new employees
Residential Districts ................... _. +11 .............. $500
NOTE: When multiple applications are processed concurrently,
Plus $5 per dwelling unit (_ units)
the appropriate fee shall be charged for each application.
NotificationSign (City to install and remove) ...................................................................................................................... $200
Property Owners' List within 500' (City to generate after pre -application meeting) .......... $3 per ad�lress
dy'addresse's') ..... t, I I L4
Escrow for Recording Documents (check all that apply) ............................ .............. I ... $50 per document
0 Conditional Use Permit D Interim Use Permit Site Plan Agreement
El vacation JK Variance El Wetland Alteration Permit
Metes & Bounds Subdivision (3 docs.) E] Easements easements) 4- W
TOTALFEE:'
Section 2: Required Information
Description of Proposal: s
. xe-e_ 4:�A-A�-Cv\,CEid
Property Address or Location: 2 -CH k4\1 st - C!�Aqj-WssuAi MN 5�31_7
Parcel # Zc;'C) 50 0 1 LJ I Legal Descriptiow SA . "
Total Acreage- 119 Wetlands Present? El Yes :F;,No
Present Zoning- Select One P& 5 1 alfAllf7 �4 Requested Zoning: Select One ks(Ac*�'a-0
Present Land Use Designation: Select On&oc i��Requested Land Use Designation Select One
Existing Use of Property:
&Check box is separate narrative is attached
0 0
I
Section 3: Property Owner and Applicant Information _;
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained
authorization from the property owner to file this application, I agree to be bound by conditions of approval. subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct.
Name� Contact:
Address. Phone.
Cfty/State/Zip: Cell�
Email: Fax:
Signature: Date:
PROPERTY OWNER: In signing this application. 1, as properly owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. 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 I certify that the information and exhibits submitted are true and correct.
Name: L e'T &_LV4 Contact.-I"Ck 6y
Addres& 2zli Phone: 2_50 - CII _� Lt
City/State/Zip: Cell -
Email: kckoind'(—O)OInal� -ccyyk-) Fax:
Signatu'r— Date� lf� 11-7
This applicatio� must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application. refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees
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
PROJECT ENGINEER (K applicable)
Name: Contact:
Address- Phone:
City/State/Zip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports? *Other Contact Information:
7K Property Owner Via� 29,Email Mailed Paper Copy Name: \16k Rcko'_
Applicant Via: 0 Email Mailed Paper Copy Address: Z_Q� W -7St---
Engineer Via: F] Email E] Mailed Paper Copy Cfty/State/Zip� [nN 55317
El Other* Via: F] Email 0 Mailed Paper Copy Email. '10 Sk i L�,� (ct) ft -W I , Co rvx
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required),
I SAVE FOR�:] I PRINT FORM I L SUBMIT FORM I
0 0
October 19, 2017
To The Chanhassen Planning Commission:
The homeowners at 204 W 781h street, Chanhassen are applying for 2 variances. We
would ask that you review the enclosed remarks in consideration of these requests.
Thank you for your time in this matter.
Variance for surface coverage of lot: Practical Difficulty Due to the busy
nature/traffic of W 78th street the driveway was poured wider than originally
proposed to allow for turning around and entering the road in a forward
direction. We would ask you to consider this as a "practical difficulty" of the
property, and a safety concern for the homeowners. Additionally, no parking
is permitted on W 78th street, and the wider driveway allows for parking on
the property, addressing another "practical difficulty" of the property itself.
The additional surface coverage of this driveway exceeds the city limit, and
we would ask that you consider a variance in this matter. An "As built"
survey is being conducted during the week of October 23rd by Advance
Engineering and Survey to provide exact hard surface coverage amounts.
This completed survey will be immediately turned over to the city Planning
and Engineering offices for review prior to the Planning, Commission meeting
on November 21st.
Additionally, after meeting with Mr. Walters and Mr. Lenz, the homeowners
have already removed over 385 sq. feet of Class S gravel and replaced the
area with fresh sod to closer comply with city regulations.
6
2. Variance for pergola structure: In fitting with the character of the locafty-
The pergola structure on the front of the home currently encroaches the
setback requirements from the front of the property. The sidewalk was
Poured incorrectly closer to the home than initially planned. Due to this, it
was necessary for the pergola footings to be placed further away from the
home than planned. In your review we would ask that you consider the
many homes along W 7811, street already closer to the road than this
structure, and consider that this setback is in kind with the neighborhood
and character of the locality. Exact measurements from the front of the
pergola structure to the property line will be specified on the "As built"
survey conducted by Advance Engineering and Survey.
Thank you again for reviewing these remarks and considering variances. We
appreciate the work you do to make Chanhassen a wonderful community.
josh and Julie Pickard
204 W 781h street RECEIVir
Chanhassen, MN 55317
(952) 250-5343 OCT 2017
0
CITY OF CHANHASSEN
9
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
1, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
November 9, 2017 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 consider a
variance request for hard surface coverage and front yard setback on property zoned
Single Family Residential (RSF) and located at 204 West 78 th Street 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.
.-T -74-t-k
Ki Meuwissen, Dep
Subsc 'bled and sworn to before me
this 'I
_I day of 6W,41 bt4-- 2017.
JENNIFER ANN POTTER
Notary Public -Minnesota
My Cwm*Ww Expirn Jan 31, 2020
otary Public
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Tuesday, November 21, 2017 at 7:00 p.m.
Date & Time:
This hearing may not start until later in the evening, depending on the order of
the aqenda.
Location:
City �all Council Chambers, 7700 Market Blvd.
Consider a variance request for hard surface coverage and
Proposal:
front yard setback.
Applicant:
Julie & Josh Pickard
Property
204 West 781h Street
Location:
A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
What Happens
1 . Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the city's projects web page at:
www.ci.chanhassen.mn.us/2017-21. If you wish to talk to
someone about this project, please contact MacKenzie
Walters by email at mwalters(o)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.
NEW! Sign up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
City Review Proce�iure:
Subdivisions, Planned Unit Developments. Site Plan Reviews. Conditional and Interim Uses. Welland Alterations, Rezonings,
Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City
ordinances req U, re all properly 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 commerciallinclustrial
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 I
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
Tuesday, November 21, 2017 at 7:00 p.m.
Date & Time:
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.
Consider a variance request for hard surface coverage and
Proposal:
front yard etback.
Applicant:
Julie & Josh Pickard
Property
204 West 7811 Street
Location:
A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
What Happens
1 . Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the pr9ject.
If you want to see the plans before the meeting, please visit
the city's projects web page at:
www.ci.chanhassen.mn.us/2017-21. If you wish to talk to
someone about this project, please contact MacKenzie
Walters by email at mwaltersCc�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
Drior to the Planning Commission meeting.
NEW! Sign up to receive email and/or text notifications when meeting agendas.
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
City Review Procedure:
Subdivisions' Planned Unit Developments, Site Plan Reviews. Conditional and Interim Uses, Welland Alterations. Rezonings,
Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City
ordinances require all property within 500 feet of the subject site to be notified 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 pail of the hearing process The Commission will dose 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 commerciallinclustrial.
Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard.
Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the
process should check with the Planning Department regarding its status and scheduling for the City Council meeting.
A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to
meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s).
Because the Planning Commission holds the public hearing, the City Council does not Minutes are taken and any correspondence
regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report,
please contact the Planning Staff person named on the notification.
TAX NAME
TAX -ADD -Ll
ITAX-ADD L2
TAX ADD L3
ADELINE R KAHL
203 77TH ST W
CHANHASSEN
MN 55317-9711
AMY LOUISE DIEDRICH
221 77TH ST W
CHANHASSEN
MN 55317-9711
ANDREW J RUSSELL
224 78TH ST W
CHANHASSEN
MN 55317-9755
BARBARA PIKE
201 CHAN VIEW
CHANHASSEN
MN 55317-9701
BRIAN P & COLLEEN S NUSTAD
PO BOX 8
CHANHASSEN
MN 55317-0008
BRIANNA A BACHRACH
7706 ERIE AVE
CHANHASSEN
MN 55317-9612
CARVER COUNTY CDA
705 WALNUT ST N
CHASKA
MN 55318-2039
CHAD A MINKEL
7725 FRONTIER TRL
CHANHASSEN
MN 55317-9712
CHURCH OF ST HUBERT
8201 MAIN ST
CHANHASSEN
MN 55317-9647
CODY PRIBBLE
226 CHAN VW
CHANHASSEN
MN 55317-9613
CRAIG M LARSON
200 CHAN VIEW
CHANHASSEN
MN 55317-9707
DAYANIRA ZAMORANO
204 CHANVIEW
CHANHASSEN
MN 55317-9707
DEAN C & JANET M BURDICK
206 CHAN VIEW
CHANHASSEN
MN 55317-9707
GREGORY J & KAREN J ODASH
221 CHAN VIEW
CHANHASSEN
MN 55317-9750
GREGORY L HUBERS
224 CHAN VIEW
CHANHASSEN
MN 55317-9613
HAGEN HOMES LLC
850 FLYING CLOUD DR
CHASKA
MN 55318-9503
11-13 PROPERTY BORROWER LP
1717 MAIN ST STE 2000
DALLAS
TX 75201-4657
JAMES & KELLEY A DEGROSS,
3911 MEADOWVIEW LN
ELKO
MN 55020-9538
JAMES M SCHUTROP
222 78TH ST W
CHANHASSEN
MN 55317-9755
JEANNE M BURKE REV TRUST U/A
225 77TH ST W
CHANHASSEN
MN 55317-9709
JEFFREY W & MARY L BORNS
7199 FRONTIER TRL
CHANHASSEN
MN 55317-9605
JOHN E & KAREN M KRAEMER
JOHN W & PAULA J ATKINS
JOSH D & JULIE N PICKARD
JOSHUA H PAINE
17703 ERIE AVE
1220 78TH ST W
204 78TH ST W
7701 ERIE AVE
CHANHASSEN
CHANHASSEN
CHANHASSEN
CHANHASSEN
MN 55317-9612
I MN 55317-97SS
IVIN 55317-9755
MN 55317-
MADELINE A HILL
206 78TH ST W
CHANHASSEN
MN 55317-9713
MARY E JANSEN ETAL
7720 ERIE AVE
CHANHASSEN
MN 55317-9713
MATTHEW FAUST
7723 FRONTIER TRL
CHANHASSEN
MN 55317-9712
MORGAN ASHLEY DVORAK
203 CHAN VIEW
CHANHASSEN
MN 55317-9701
NICHOLAS & PATRICIA PEKAREK
202 CHAN VIEW
CHANHASSEN
- MN 55317-9707
RICHARD A & ELIZABETH M NUSTAD
7721 ERIE AVE
CHANHASSEN
MN 55317-9713
ROBERT& JOANNE R MEUWISSEN
j 201 77TH ST W
CHANHASSEN
MN 55317-9711
RONALD & ELAINE ROESER
1222 CHAN VIEW
ICHANHASSEN
MN 55317-9613
E
9
THOMAS A & LYNN M PAULY
7721 FRONTIER TRL
CHANHASSEN
MN 55317-9712
TODD W PERTTU
203 1/2 CHAN VIEW
CHANHASSEN
MN 55317-9701
TONJA ST MARTIN
207 CHAN VIEW
CHANHASSEN
MN 55317-9701
TROY P KIMPTON
205 CHAN VIEW
-CHANHASSEN
MN 55317-9701
TWIN CITIES & WESTERN RAILROAD
292S 12TH ST E
GLENCOE
ICHANHASSEN
MN 55336-3368
VERDELL BORTH
1202 78TH ST W
M"5317-9755
is
0
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2017-21
1. Permit. Subject to the ten -ns and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves a three-foot front yard
setback variance for a pergola and 1.5 percent hardcover variance for an expanded
driveway.
2. Prope . The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 3, Block 2, City Lots of Chanhassen.
3. Conditions. The variance approval is subject to the following conditions:
1. Applicant shall construct stormwater BMP(s), such as a rain barrels at downspouts, to treat
all runoff created by all impervious surface over 25%.
2. Applicant shall grant the City an easement for the public sidewalk.
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.
0
Dated: November 21, 2017
(SEAL)
AND:
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER
0
CITY OF CHANHASSEN
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this — day of 9
2017 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
2
NOTARY PUBLIC
0 0
Walters, MacKenzie
From:
Archer, Jessica
Sent:
Monday, October 30, 2017 10:47 AM
To:
Walters, MacKenzie
Subject:
Variance Review
Follow Up Flag:
Follow up
Flag Status:
Flagged
Good Morning MacKenzie,
I have looked through all of Jerry's folders and I am not seeing a form letter for the variance review so I'll comment
below.
204 West 781h Street
Variance
The variance for surface coverage of lot: no building department concerns
The variance for pergola structure:
Building permit required if the structure is attached to the existing structure (not free-standing). Provide a
permit application and building plans for the proposed structure.
7721 Erie Ave
Variance
Variance for detached garage:
• Building permit is required for the proposed work. Plans must comply with the 2015 MN State Building Code.
Because of the 5' setback distance from the existing garage, projections (which would include overhangs) will
need to comply with fire -resistance construction found in the IRC Table R302.1(1)
• The detached structure will need to comply with wall bracing requirements found in R602.10 (IRC)
Thanks,
Jessica Archer
Building Official
CITY OF CHANHASSEN
PH. 952.227.1199
FX. 952.227.1190
www.ci.chanhassen.mn.us
AE
1
Property Card 0 1 Parcel ID Number 050500141
Taxpayer Information
Taxpayer Name
JOSH D & JULIE N PICKARD
Mailing Address
204 78TH ST W
CHANHASSEN, MN 55317-9755
Property Address
Address
204 78TH ST W
City
CHANHASSEN, MN 55317
Parcel Information
Uses Res 1 unit
GIS Acres 0.19 Net Acres
Deeded Acres
Plat CITY LOTS OF CHANHASSEN
Lot 003
j Block 002
Tax Description & INCL VACATED ALLEY IN BLK 2 DESC AS: BEG AT NW CORN LOT 3 BLK 2 ST HUBERTUS VILLAGE
Building Information
Building Style 2 Story Frame
Above rade 2714
Finished Sq Ft
Bedrooms 3
Year Built 2006
Garage Y
$66,100.00
Miscellaneous Information
School District Watershed District Homestead Green Acres Ag Preserve
0112 WS 064 RILEY PURG BLUFF Y N N
Assessor Information
Estimated Market Value
2016 Values
(Payable 2017)
2017 Values
(Payable 2018)
Last Sale
Land
$66,100.00
$66,100.00
Date of Sale 4/21/2006
Building
$287,700.00
$314,600.00
Sale Value $99,000.00
Total
$353,800.00
$380,700.00
Tile oaz� prov aeo nere*,t,) s for relle-e nee purposes o-. y Tn,s oat�, s not Slj!tarl I e f0- eg3 e-�q ee' ,g, surveying or other similar purposes. Carver County does not gjarantee the accuracy of tne
information contained herein. This data is furnished on an 'as is'basis and Carver County makes no representations or warranties. either expressed or implied, for the merchantabilqy or fitness of the
information provided for any purpose. This disclaimer is provided pursuant to Minnesota Statutes §466.03 and the user of the data
provided herein acknowledges that Carver County shall not be liable for any damages, and by using this data in any way expressly waives all claims, and agrees to defend, indemnify, and hold
harmless Carver County, its officials, officers, agents, employees, etc. from any and all claims brought by anyone who uses the information provided for heren, its emp�oyees or agents, or
third parties which arise out of users access. By acceptance of this data, the user agrees not to transmit this data or provide access to it or any part of it to another party unless the user includes
with the data a copy of this disclaimer.
Wednesday, October 25, 2017 Carver County, MN
COMMUNITY DEVELOPMENT DEP TMENT
Planning Division — 7700 Market Boulevard
CM OF CIMNSEN
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1130 / Fax: (952) 227-1110
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
Please -review and respond no later than the review response deadline
Agency Review Request Date:
Agency Review Response Deadline:
Date Application Filed:
October 25, 2017
November 9, 2017
October 20. 2017
Contact:
Contact Phone:
Contact Email:
MacKenzie Walters
952-227-1132
mwalters@ci.chanhassen.mn.us
Assistant Planner
Planning Commission Date:
City Council Date:
60 -Day Review Period Deadline:
November 21, 2017 at 7:00 p.m.
December 11, 2017 at 7:00 p.m.
December 19. 2017
Application:
Variance request for hard surface coverage and front yard setback on property zoned Single Family Residential (RSF) and
located at 204 West 78th Street. Applicant/Owner: Julie & Josh Pickard.
Planning Case: 2017-21 ] Web Page: www.ci.chanhassen.mn.us/2017-21
In order for staff 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. Your cooperation and assistance is greatly appreciated.
City Departments: Federal Agencies: Admacent Cities�
El Attorney El Army Corps of Engineers 0 Chaska
Z Building Official F� US Fish & Wildlife E] Eden Prairie
Z Engineer El Jackson Township
Z Fire Marshal Watershed Districts: E] Minnetonka
Z Forester El Carver County WMO E] Shorewood
Z Park Director E] Victoria
El Lower MN River
Z Water Resources El Minnehaha Creek
F] Law Enforcement Admacent Counties:
E] Riley -Purgatory -Bluff Creek
Carver County Agencies: E] Hennepin
Utilities: E) Scott
F� Community Development El Cable TV — Mediacorn
0 Engineer School Districts:
7 Electric — Minnesota Valley
D Environmental Services El Electric — Xcel Energy Eastern Carver County 112
El Historical Society [] Magellan Pipeline Minnetonka 276
Parks
Soil & Water Conservation District E] Natural Gas — CenterPoint Energy
Phone — CenturyLink Other Agencies:
State Agencies: El Hennepin County Regional Railroad
F1 Board of Water & Soil Resources Authority
MN Landscape Arboretum
Health
Historical Society E] SouthWest Transit
E] TC&W Railroad
El Natural Resou rces- Forestry
D Natural Resources -Hydrology
El Pollution Control
F1 Transportation
1W 1W
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen. MN 55317 CITY OF CHMNSEN
Phone: (952) 227-1130 / Fax: (952) 227-1110 0
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
IPlease review and respond no later than the review response deadline
Agency Review Request Date:
October 25, 2017
Agency Review Response Deadline:
November 9, 2017
Date Application Filed:
October 20, 2017
Contact:
Contact Phone:
Contact Email:
MacKenzie Walters
952-227-1132
mwalters@ci.chanhassen.mn.us
Assistant Planner
Lower MN River
Z
Planning Commission Date:
City Council Date:
60 -Day Review Period Deadline:
November 21, 2017 at 7:00 p.m.
December 11, 2017 at 7:00 p.m.
December 19, 2017
Application:
Variance request for hard surface coverage and front yard setback on property zoned Single Family Residential (RSF) and
located at 204 West 78th Street. Applicant/Owner: Julie & Josh Pickard.
Planninq Case: 2017-21 1 Web Page: www.ci.chanhassen.mn.us/2017-21
In order for staff 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. Your cooperation and assistance is greatly appreciated.
City Departments: Federal Agencies:
F� Attorney Army Corps of Engineers
Building Official US Fish & Wildlife
Engineer
Z
Fire Marshal
Watershed Districts:
Z
Z
Forester
Park Director
Cable TV - Mediacom
Carver County WMO
Engineer
Environmental Services
F�
Electric - Minnesota Valley
Lower MN River
Z
water Resources
E]
Minnehaha Creek
0
Law Enforcement
E]
Riley -Purgatory -Bluff Creek
Carver County Agencies:
Utilities:
[I
Community Development
El
Cable TV - Mediacom
0
Engineer
Environmental Services
F�
Electric - Minnesota Valley
El
Victoria
[]
Electric - Xcel Energy
Ej
Historical Society
F�
Magellan Pipeline
F-1
F�
Parks
Soil & Water Conservation District
0
Natural Gas - CenterPoint Energy
Phone - CenturyLink
State Agencies:
F-1 Board of Water & Soil Resources
F� Health
D Historical Society
F-1 Natural Resources -Forestry
El Natural Resources -Hydrology
F� Pollution Control
F� Transportation
Ad*acent Cities:
Ad5acent Counties:
0 Hennepin
F� Scott
School Districts:
El Eastern Carver County 112
0 Minnetonka 276
Other Agencies:
E] Hennepin County Regional Railroad
Authority
MN Landscape Arboretum
E] SouthWest Transit
E] TC&W Railroad
Chaska
Eden Prairie
0
Jackson Township
0
Minnetonka
El
Shorewood
El
Victoria
Ad5acent Counties:
0 Hennepin
F� Scott
School Districts:
El Eastern Carver County 112
0 Minnetonka 276
Other Agencies:
E] Hennepin County Regional Railroad
Authority
MN Landscape Arboretum
E] SouthWest Transit
E] TC&W Railroad
0
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MIN 55317
Phone: (952) 227-1130 / Fax: (952) 227-1110
0 lw
CITY OF CHMNSEN
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
IPlease review and respond no later than the review response deadline
Agency Review Request Date:
Agency Review Response Deadline:
Date Application Filed:
October 25, 2017
November 9, 2017 --&o-ntact
October 20, 2017
Contact:
Contact Phone:
Email:
MacKenzie Walters
952-227-1132
mwalters@ci.chanhassen.mn.us
Assistant Planner
Planning Commission Date:
City Council Date:
60 -Day Review Period Deadline:
November 21, 2017 at 7:00 p.m.
December 11, 2017 at 7:00 p.m.
December 19, 2017
Carver County WMO
Application:
Variance request for hard surface coverage and front yard setback on property zoned Single Family Residential (RSF) and
located at 204 West 78th Street. Applicant/Owner. Julie & Josh Pickard.
Planning Case: 2017-21 1 Web Page: www.ci.chanhassen.mn.us/2017-21
In order for staff 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. Your cooperation and assistance is greatly appreciated.
City
Departments:
Federal Agencies:
El
Attorney
E]
Army Corps of Engineers
Building Official
US Fish & Wildlife
Engineer
Fire Marshal,
Watershed Districts:
Forester 1� 0
El
Carver County WMO
Park Director
Lower MN River
Water Resources
Minnehaha Creek
Law Enforcement
Riley -Purgatory -Bluff Creek
Carver County Agencies:
Utilities:
M
Community Development
[]
Cable TV - Mediacom
F-1
Engineer
E]
Electric - Minnesota Valley
Environmental Services
Electric - Xcel Energy
Historical Society
Magellan Pipeline
M
Parks
Natural Gas - CenterPoint Energy
El
Soil & Water Conservation District
Phone - CenturyLink
State Agencies:
Board of Water & Soil Resources
Health
Q Historical Society
M Natural Resou rces- Forestry
M Natural Resources -Hydrology
D Pollution Control
M Transportation
Adiacent Cities�
Chaska
Eden Prairie
E]
Jackson Township
Minnetonka
Shorewood
Victoria
Aduacent Counties:
Hennepin
Scott
School Districts:
E) Eastern Carver County 112
[] Minnetonka 276
Other Agencies:
Hennepin County Regional Railroad
Authority
MN Landscape Arboretum
SouthWest Transit
TC&W Railroad
lqw
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1130 / Fax: (952) 227-1110
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
CITY OF CHMNSEN
Agency Review Request Date:
October 25, 2017
Agency Review Response Deadline:
N ovem be r 9, 2017
Date Application Filed:
October 20, 2017
Contact:
Contact Phone:
Contact Email:
MacKenzie Walters
952-227-1132
mwalters@ci.chanhassen.mn-us
Assistant Planner
US Fish & Wildlife
Z
Planning Commission Date:
City Council Date:
60 -Day Review Period Deadline:
November 21, 2017 at 7:00 p.m.
December 11. 2017 at 7:00 p.m.
December 19, 2017
Application:
Variance request for hard surface coverage and front yard setback on property zoned Single Family Residential (RSF) and
located at 204 West 78th Street. Applicant/Owner. Julie & Josh Pickard.
Planning Case: 2017-21 1 Web Page: www.ci.chanhassen.mn.us/2017-21
In order for staff 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. Your cooperation and assistance is greatly appreciated.
City
Departments:
Federal Agencies:
Community Development
Attorney
0
Army Corps of Engineers
Engineer
Environmental Services
Building Official
F]
US Fish & Wildlife
Z
Engineer
Electric — Xcel Energy
E
Fire Marshal
Watershed Districts:
Forester
El
Carver County WMO
Park Director
F�
Lower MN River
State Agencies:
Water Resources
Ej
Minnehaha Creek
F�
Law Enforcement
E]
Riley -Purgatory -Bluff Creek
Carver County Agencies:
Utilities:
El
Community Development
El
Cable TV — Mediacorn
El
Engineer
Environmental Services
Electric — Minnesota Valley
Victoria
Electric — Xcel Energy
Historical Society
Magellan Pipeline
Parks
R
Natural Gas — CenterPoint Energy
Soil & Water Conservation District
Phone — CenturyLink
State Agencies:
[I Board of Water & Soil Resources
El Health
7 Historical Society
7 Natural Resources -Forestry
7 Natural Resources -Hydrology
7 Pollution Control
El Transportation
Adwacent Cities:
E]
Chaska
El
Eden Prairie
El
Jackson Township
El
Minnetonka
Shorewood
Victoria
Ad*acent Counties:
Hennepin
Scott
School Districts:
Eastern Carver County 112
Minnetonka 276
Other Agencies:
E] Hennepin County Regional Railroad
Authority
MN Landscape Arboretum
E] SouthWest Transit
E] TC&W Railroad
CITY OF CHANHASSEN
P 0 BOX 147
CHANHASSEN MN 55317
10/19/2017 3:30 PM
Receipt No. 00361117
CLERK: AshleyM
PAYEE: Julie & Joshua Pickard
204 W 78th Street
Chanhassen MN 55317-
204 W 78th Street
-------------------------------------------------------
Variance
200.00
Sign Rent
200.00
Recording Fees
50.00
GIS List
114.00
Total
Cash
Check 3019
Change
-----------
564.00
0.00
564.00
-----------
0.00
-1,2-1
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division – 7700 Market Boulevard
Mailing Address – P.O. Box 147, Chanhassen, MN 55317 MY OF CHMSEN
Phone, (952) 227-1300 / Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: 1-6 -;4c— 1:7 PC Date: CC Date: 12 _11-)+ 60-DayR,vie.D,te:_11_J0/_1_+
Section 1: Application Type (check all that apply)
(Refer to the appropnate Application Checklist for required submittal information that must accompany this application)
Fj Comprehensive Plan Amendment ......................... $600
F-1 Minor MUSA line for failing on-site sewers ..... $100
F-1 Conditional Use Permit (CUP)
El Single -Family Residence ................................ $325
F All Others ......................................................... $425
F -I Interim Use Permit (IUP)
In conjunction with Single- Family Residence.. $325
All Others ......................................................... $425
Rezoning (REZ)
n Planned Unit Development (PUD) .................. $750
F-1 Minor Amendment to existing PUD ................. $100
n All Others ......................................................... $500
E] Sign Plan Review ................................................... $150
F-1 Site Plan Review (SPR)
Administrative ... .............................................. $100
Commercial/Industrial Districts* ...................... $500
Plus $10 per 1,000 square feet of building area:
thousand square feet)
*Include number of existing employees
*Include number of new employees:
E� Residential Districts ......................................... $5,00
Plus $5 per dwelling unit ( units)
F� Subdivision (SUB)
El Create 3 lots or less ........................................ $300
El Create over 3 lots ...................... $600 + $15 per lot
lots)
Metes & Bounds (2 lots) .................................. $300
Consolidate Lots .............................................. $150
E] Lot Line Adjustment ......................................... $150
ElFinal Plat .......................................................... $700
(includes $450 escrow for attorney costs)*
*Additional escrow may be required for other applications
through the development contract,
Vacation of Easements/Right-of-way (VAC)_ ...... $300
(Additional recording fees may apply)
Variance (VAR)... ................................................. $200
Wetland Alteration Permit (WAP)
El Single -Family Residence ............................... $150
E] All Others ....................................................... $275
E] Zoning Appeal ...................................................... $100
[:] Zoning Ordinance Amendment (ZOA) ................. $500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
Notification Sign (City to install and remove) ...................................................................................................................... $200
Property Owners' List within 500' (City to generate after pre -application meeting) ......... addresses) $3 per address
'�az ............ * ...... * Wll�
Escrow for Recording Documents (check all that apply) ....................................................................... $50 per document
Conditional Use Permit El Interim Use Permit El Site Plan Agreement
Vacation :K Variance El Wetland Alteration Permit
Metes & Bounds Subdivision (3 docs.) El Easements( easements)
TOTAL FEE:
Section 2: Required Information
Description of Proposal:
-7
Property Address or Location: 2-M W, _115� 5t C�ACII,_OkOLGSU_� , MN 5�)31
Parcel #: 2-'�O 50 0 � Li `li Legal Description: St "
Total Acreage: 09 — Wetlands Present? El Yes 2�No
Present Zoning: Select One deAlf_7 OJ Requested Zoninq: Select One PeS(,b_*-Thka_0
Present Land Use Designation: Select OneaPc Requested Land Use Designabon: Select One Tcn'duwo
. rs12
Existing Use of Property:
r
V�Icheck box is separate narrative is attached. or"I
�: ;� I;J 001-UNNiNGOF-PT
0 0 0
Section 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
PROPERTY OWNER: In signing this application, 1, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct.
Name: e IT Ck — �'y 4 Contact: 6y �- � U , P_ _-R
XA
Address: 0. -79* 4E� Phone: I _50 - 22 3 '4
� 2
City/State/Zip: a � %sex, Cell:
Email: Fax:
Signaturd t 2=9!"' Date:
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
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.
PROJECT ENGINEER (if applicable)
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports? *Other Contact Information:
Property Owner Via: 2!�Email 0 Mailed Paper Copy Name: \10sk -R(V_0'_rA
El Applicant Via: E] Email E Mailed Paper Copy Address: ZO 4 -790-- S�
t,t
R Engineer Via: E] Email F Mailed Paper Copy City/Sl a e/Zi (j(Kkn &55ef) � fnN 5S 3 17
F Other* Via: E] Email E] Mailed Paper Copy E rn a i 1: CZ ni r-kaA-r(ra C, win � I , C-0 rVk
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required). SAVE FOR:M�] PRINT FORM SUBMIT FORil
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BUILDING PERMIT SURVEY PREPARED FOR:
JOSH PICKARD C/O REMAX ASSOC. PLUS
7450 FRANCE AVENUE
EDINA, MN. 55435
VALLEY SURVEYING CO., P.A.
16670 FRANKLIN TRAIL SE
SUITE 230
PRIOR LAKE, MN 55372
(952) 447-2570
152. 8 M OF 16- ALLEV PER PLAT ( IN f-HEPROCESS OF VACZ-TION) PER CLIENT
--i -I -r.- -.% / -------- sg!l-rnh___ _. . - kcl 0 n
1-1 Rim 964.3,32
95 70 0
Inv, 956
(9 Ej
Son mh (9408) 0 (960.8)
964.8 -A-0 960 8
Rim 965.89 964.8 - 59. 90 meas. q1
Inv. 954.95
FD, 1/2" 1. M
LS 24992
NOTE: VERIFY SAN.
SEWER SERVICE TO
EXISTING SAN. MH
GRADE PRIOR TO CONST.
(MAY REQUIRE PUMP)
I
Top Iron
964 . 44
0
Uj
0
z
(A
4
re�
0
0
Uj
z CD
:5 0
V) ro
966.2
7-- 7
W/O E L.
966.311/
Top Blk.
967.6
HOUSE BM
Top iron
964.15
17.6 _s
965,
V
Hyd.
963.
Fd X marked on
conc. walk
S 89 0 5 41-0 OLE
N RTH LINE OF LOT 3, AS mo NUME TED
PROPDSED DRAINAGE a
UTILiry EASEMENT
963.6
I
I _7 27
' 0 00
961.3
_22- 8-7
01
7:) 1
0
PA
1 T
'o � I
..: 0 1 ;; IROPOSED
HOUSE
I OXIA
GARAGE
10
9 7
6t 7)
TC EL
963.08
4
ri
-FD 112" IN
r4) 959.6
0 WIO EL.
960.58
0 EL
0.58
W F
0
0z
HOUSE
OU I
z NOTE PROPOSED DWELLING
0961.2 DIMINSIONS AND ELEVATIONS
Z__ 2 PER CLIENT (NO BLDG.
- 15.- PLANS PROVIDED. )
ton
GARAGE
Slob EL.
963. 23
C,
I-- W
16 �jv_j
porch
Top Iron
962.08
walk
8"Linden Fd'.
5 ' 00 N
�Ot5 W I%. Cornir marked )by drill
Wit' in conc, walk eos
2 1-) -7-- - - - - - -
�,�5-56 n k4
Via
cr,\o 4Z
_co�
I r - - �b ) I - A, JQ __-
Fne
11 47. meas" '*�,,Fcl 1/ 2" 1. M.
N890 LS 24992
SILY 121%NE 3, AS MONUMENTED-
96.i!.53 TELEPHONE
MANHOLE
96%6
- 30.8
963.33
WEST 78 TH STR EET
LEGAL DESCRIPTION: ST. 14 H
Lot 3, Block 2,"ST HUBERTUS!'�dl_LAGE OF CHANHASSEN, Carver County, Minnesota. Also
showing the location of the prc,Dosed house as staked this 12th day of April, 2006.
NOTES: Benchmark Elevation S,54.32 Top rim of San, MH at the NW property corner
962.5
x Denotes adating grade elevation
(966,5 ) Denotes pi*oposed grade elevation Lot 3 area = 8 5 01. 47 sq. f t,
0 Denotes proposed direction of finished surface drainage Alley area = 479 sq. ft.
(' ITY OF CHANHAS'00' Set the prDposed garage slab at elevation c)66. 83 ( In vacation process ) per client
RECEIVE) TOTAL AREA - 8,9BO,47
Set the pr:)posed top of foundation at elevation 967. 16 8980.47 -% 25% = 2245 SQ.FT,
OCT 2 0 2017 The lowesi floor elevation will be 958,26 DWELLING 1746 SQ. FT.
DRIVEWAY 484 SQ, FT.
A j TOTAL IMPERVIOUS 22.00 SQ, FT.
1144lAq$E�� PLANNINU ***CONTRACTOR TO VEIRIFY HOUSE DIMENSIONS PRIOR TO CONSTRUCTION- (45 SQ. FT UNDER)
41- SURVEYORS NOTE' -NO DOCUMENTATION
PROVIDED Re� ALLI'Y VACATION . NO TITLE
COMMITMENT PROV16ED TOVERIFY ANY I hereby certify that this building permit survey was prepared
20 0 10 20 EASEMENTS OF RECORD AFFECTING THE by me or under my direct supervision and that I am a duly
I I I SUBJECT PROPER:rY . Licensed Land Sur- r - A 41- 1
_j
Scale in Feet
0 DENOTES IRON MONUMENT FOUND
REV. 5/16/06 TO ';HOW PROPOSED DRAINAGE
8 UTILITY EASEMENTS B PLAT NAME IN
LEGAL DESCRIPTION,
Basis :d Bearing Datum
0 DENOTES IRON MONUMENT SET AND MARKED is assurried.
BY MINNESOTA LICENSE NO. 42309 REV 7/3/06 TO CHANGE HSE. TYPE 8
LOCATION.
a aws ol the akMe OT
n T rt ota Licen,
a so
Dated this of 2006
e
FILE NO. 10284 B 0 OiK 251 PAGE 13
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0