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CAS-21_960 CARVER BEACH ROAD 25-16008500 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alim Schwartz Sham N. Conklin David H. Schultz 1380 Corporate Center Curve Suite 317 - Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com 9 0 CAMPBELL KNUTSON Professional Association October 3, 2014 RECEIVED OCT 0 6 2014 CITY OF CHANHASSEN Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen — Miscellaneous Recording Dear Kim: Pursuant to your letter of August 27, 2014, enclosed herewith for your file is the original, recorded Variance 2014-21. Please note that this Variance was recorded with the Registrar of Titles on September 2, 2014, as Torrens Document No. T193092. If you have any questions regarding the above, please give me a call. cjh Enclosure 175692v] Very truly yours, CAMPBELL KNUTSON Professional Association By-.'�&JN�L Carole J. Hoefk Legal Assistant SCANNED 6-1 Document No. OFFICE OF THE REGISTRAR OF TITLES T 193092 CARVER COUNTY, MINNESOTA Receipt # Certified Recorded on September 02, 2014 2:00 PM 193092 Cert.# 36838 Fee $46.00 Mark Lundgren Registrar of Titles CM OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2014-21 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants tITe following variance: The Chanhassen Board of Appeals and Adjustments approves Planning Case #2014-21 for an additional 3.2 percent hard cover variance for a total of 34 percent hard cover to permit the construction of a driveway to a single-family home on property zoned Single -Family Residential District located at 960 Carver Beach Road. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lots 998-1000, Carver Beach. 3. Condition. The variance approval is subject to the following conditions: a. The property owner shall submit an as -built survey to ensure additional hard cover does not exceed 3.2 percent, to a total of 34 percent hard cover. b. The driveway expansion stall substantially conform to the schematic as shown in the staff report dated August 19, 2014. c. Provide mitigation for the increased volume through some type of infiltration practice which abstracts a volume equal to that volume which runs off the area of impervious they are over the allowed 25% (i.e. rain garden), or use an alternate pervious surface for the construction of the driveway. d. The applicant shall apply for a zoning permit for the driveway expansion and rain garden. 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. SCANNED . I - q" . . W� 0 Dated: August 19, 2014 (SEAL) STATE OF MlNNESOTA ) (ss COUNTY OF CARVER 11 CM OF CHANHASSEN BY: Thomas A. Furlong, May(Q, AND: Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this ely of A&AIA-84 2014 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the Cityet Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. LIL� NOTARY POBtIC KIM T. MEUWISSEN tary Public-minnesota My alm W 31-2015 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 0 - srn 0 �a - % M�b I I. CITY OF CHANAEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU El Shop drawings El Copy of letter 0 LETTER OF TRANSMITTAL 011115,150A Carole Hoeft Document Z Attached El Under separate cover via the following items: El Prints El Plans El Samples El Specifications El Change Order El Pay Request El — COPIES DATE NO. DESCRIPTION El 8/27/14 14-21 Variance 2014-22 (960 Carver Beach Road - Lots 998-1000, Carver Beach) El FOR BIDS DUE For Recording PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: El For approval El For your use El As requested El For review and comment El FOR BIDS DUE REMARKS COPY TO: Christopher & Barbara King Ej Approved as submitted El Resubmit El Approved as noted El Submit El Returned for corrections Return For Recording PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints SIGNED- im Meuwis en, (952) 227-1107 SCANNED If enclosures are not as noted, kindly notify us at once. CM OF CHANHASSEN CARVER AND HENNEPIN COUNTTES, MINNESOTA VARIANCE 2014-21 1. Permit Subject to the terms and conditions set fordi herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves Planning Case #2014-21 for an additional 3.2 percent hard cover variance for a total of 34 percent hard cover to permit the construction of a driveway to a single-family home on property zoned Single -Family Residential District located at 960 Carver Beach Road. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lots 998-1000, Carver Beach. 3. Condition. The variance approval is subject to the following conditions: a. The property owner shall submit an as -built survey to ensure additional hard cover does not exceed 3.2 percen4 to a total of 34 percent hard cover. b. The driveway expansion stall substantially conform to the schematic as shown in the staff report dated August 19, 2014. c. Provide mitigation for the increased volume through some type of infiltration practice which abstracts a volume equal to that volume which runs off the area of impervious they are over the allowed 25% (i.e. rain garden), or use an alternate pervious surface for the construction of the driveway. d. The applicant shall apply for a zoning permit for the driveway expansion and rain garden. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: August 19, 2014 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER 0 CITY OF CHANHASSEN BY: Thomas A. Furlong, May(Q, AND: Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this k&yofAjLAt,.sA 2014 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City14 Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. JWKIM T. MWISSEN ota Notary Pu"ble-mWW"Ota 11C -M f M my 1 015 E.0=113*. 2 y CWdriNjon Expkm Jw 31.2015 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 2 LA _6BLIC 46C r!J NOTARY P 0 0 August 27, 2014 Cffy OF Christopher and Barbara King 960 Carver Beach Road CRAURREN Chanhassen, MN 55317 7700 Market Boulevard Re: Planning Case #2014-21 PO Box 147 Chanhassen, MN 55317 Hardcover Variance for Driveway Expansion Administration Dear Mr. & Mrs. King: Phone: 952.227.1100 This letter is to confirm that on August 19, 2014, the Chanhassen Planning Commission, Fax: 952-227.1110 acting as the Board of Appeals and Adjustments, approved Planning Case #2014-21 for Building Inspections an additional 3.2 percent hardcover variance for a total of 34 percent hardcover to permit Phone: 952.227.1180 the construction of a driveway to a single-family home subject to the following Fax: 952.227.1190 conditions: Engineering 1. The property owner shall submit an as -built survey to ensure additional hard cover Phone: 952.227.1160 does not exceed 3.2 percent, to a total of 34 percent hard cover. Fax: 952.227.1170 Finance 2. The driveway expansion shall substantially conform to the schematic as shown in the Phow 952.227,1140 staff report dated August 19, 2014. Fax: 952.227.1110 3. Provide mitigation for the increased volume through some type of infiltration practice Park & Recreation which abstracts a volume equal to that volume which runs off the area of impervious Phone: 952.227.1120 they are over the allowed 25% (i.e. rain garden), or use an alternate pervious surface Fax: 952.2271110 for the construction of the driveway. Recreation Center 2310 Coulter Boulevard 4. The applicant shall apply for a zoning permit for the driveway expansion and rain Phone: 952.22T1400 garden. Fax: 952.227.1404 Please provide the city with a proposed mitigation plan for review and approval. This Planning & variance shall become void within one year unless substantial action has been taken by Natural Resources the petitioner in reliance thereof Phone: 952.227.1130 Fax:952.227.1110 If you have any questions or need additional information, please contact me at (952) 227 - Public Works 1139 or by email kaanenson@ci.chanhassen.mn.us. 7901 Park Place Phone: 952.227.13DO Fax: 952.227.1310 Sic�rel & h Senior Center Kaie Aanenson, AICP Phone: 952.227.1125 Fax: 952.227.1110 Community Development Director Web Site C: Building Permit File www.ci.chanhassen.mn.us ec: Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator gAplan%2014 p1mming casm\2014-21 960 �a beach road varianc6approvadl lettaAm SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow r 0 0 Chanhassen Planning Commission — August 19, 2014 that we're really minimalizing it. If we're going to have a motion like this that we minimalize the impact. Weick: You mean with a smaller structure? Aller: It could be a smaller structure. It could be the setback that goes to the very edge of the bluff setback so it's only the minimal amount that is needed or is required to allow them to move forward. And where would that line be? Aanenson: Chairman I think we're pretty confident that's where we located it. I think if your condition is going to, are there other things we can do to mitigate, drainage coming off the bluff. I think that's something we can look at and make that, if that's one of your conditions that we can work to see if we need to provide something there to, if there's runoff in that area. If it's concentrated or something that we could look at something there. But we believe that that's the spot. Aller: That's the spot. Aanenson: With least amount of impact, correct. Allen And our hardship is in reality this, the easement. Does anybody have any thoughts on runoff or erosion created by the building or an accessory structure? Okay. Tennyson: If you look at it it's meeting all of the requirements in the findings for the variance then I'm not sure you have to look beyond that. Allen Ahight, I have a motion and a second. All those in favor. Weick moved, Undestad seconded the Chanhassen Planning Commission acting as the Board of Appeals and Adjustments approves a variance from the bluff setback requirements to allow a 18 foot by 12 foot water oriented structure 17 feet from the toe of a bluff on property zoned Single Family Residential District (RSF), Planning Case 2014-20 and adoption of the Findings of Fact and Recommendation. An voted in favor, except Chairman Afler who opposed, and the motion carried with a vote of 6 to 1. PUBLIC HEARING: 960 CARVER BEACH ROAD: REOUEST FOR A VARUNCE TO EXCEED THE IMPERVIOUS SURFACE L]AMATION TO CONSTRUCT A DRIVEWAY ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 960 CARVER BEACH ROAD. APPLICANVOWNER: CHRISTOPHER & BARBARA KING, PLANNING CASE 2014-21. Aanenson: Tbank you Chairman Aller, members of the Planning Commission. This item, 960 Carver Beach Road, Planning Case 2014-21. The applicants are Christopher and Barbara King. The location is Carver Beach and as I mentioned 960 off of Carver Beach Road. This item did appear before the Planning Commission in, excuse me was approved in August 12, 2013. The City Council approved a variance for hard cover of 5.8 percent to allow for a total hard cover of WJ SCANNED 0 0 Chanhassen Planning Commission — August 19, 2014 30.8 with the following conditions of approval. They provide a tree survey. The building be limited to a split level or two story design and the builder apply for a building permit. All those were accomplished and the buyer bought this lot and moved forward with the building permit. Meeting the setback requirements and meeting the hard surface requirement. But as the as -built survey came through it was determined you know to meet the 30.8 percent impervious requirement that the driveway was rather sculpted in a way that didn't make it very efficient for the applicant to or the owner to get into the third stall garage. Again it met all the requirements but in practicality it did get permitted through the planning office and unfortunately this isn't the type of driveway that we would approve like this and it did go through that way. 10feetatthe narrowest part and then getting to that sharp comer, and I'll show again illustratively when you look at that picture from here. Difficult to get in and again a 10 foot for a 2 car garage pretty minimal. Even a third stall. It is a 3 stall garage but I want to point out, I put into the staff report the dimensions of the third stall and it meets the, really pretty minimal as far as depth requirements. When you look at a typical 3 car garage it's pretty narrow and the depth isn't that great. Also in the depth of the garage it also is encumbered by the fact that you have to go up the stairs to get into the house so typically on a, someone that would want the additional storage. While this doesn't have additional storage space for a shed or something. The hard cover is used up. I think the owners desire to provide that went astray in their desire to have that and also in our approval of it in this form and fashion. Some of the compromises should have been made but unfortunately it did go through. One of the issues that was brought up by the Water Resources Coordinator is you know when we had the severe rains in June the, in the Carver Beach Road, that's what these pictures are looking flash flooding in this area. And this is Carver Beach Road. Runoff that would be in this area. There is minimal storm drainage and this is one of the older parts in town so you have surface water that travels where it will to find that spot to, you know there's no curb and to where it needs to go. Again this is kind of Kerber Pond. Kerber Boulevard as it's going towards the pond there. You can see the overflow so this is one of the concerns when we look at drainage as a whole in this area, why the hard surface requirement is something that we consider. I just also want to point out that we changed our requirements for hard cover and permitting zoning permits and that goes back to the case we just discussed and we changed that in 2005 so now we require everybody to get a zoning permit. So a zoning permit doesn't necessarily mean a building permit but we want to check to make sure that you're not exceeding your hard cover. You're meeting the setbacks. You're not putting a structure over the utility easement. Those sort of things so it mayjust be someone that wants to put up a retaining wall or that sort of thing that's under 4 feet. We typically don't take a permit for that but we check to make sure that they're not putting it into the utility easement. How is that impacting drainage in the area? So we call those zoning permits and then we work with our residents to make sure that we understand what they're doing and how that would effect so in the Carver Beach area as a whole we've, the Water Resources Coordinator has been working on doing some improvements in the area and I think next year's street projects or the year after we're going to be doing some additional projects up in the Carver Beach area to manage some of this so these were the comments from the Water Resources and this is kind of the larger drainage area and the home kind of up in this area, this LB48 would be the basin. Kind of where that's impacting so I just want to emphasize as the Water Resources Coordinator was kind of reluctant to say you know yeah. We can go beyond that so the applicant proposed a driveway that was at 34 percent. Now I kind of clicked this because you can see here the existing driveway. Just take a pointer here. See if this works. Kind of follow my little red pen here. So this is the existing driveway. So this is what the applicants wanted to do. So this would allow you when you pull up a car to get groceries out. Get a child out of the back seat. Get you to the front door and then 23 1% I r 0 0 Chanhassen Planning Commission — August 19, 2014 this is a radius then to get you into that third staff with additional there. The staffs goal was to try to minimize that and working to try to reduce minimal hard cover to make it functional and then reduce the amount of hard cover. So in taking that into consideration the staff's recommendation would be the 33.3 percent but then also to mitigate that by providing that extra volume that was added to the site by creating a rain garden or using impervious pavers and that was the recommendation from the Water Resources so that would be the only way to move forward with that would be to minimize it and then also to compensate for that or mitigate that by creating that rain garden. So they'd have to create, calculate what that volume would be and provide that. I also wanted to let you know that we did receive a number of calls on this going back to this house shouldn't have been built and again you know we've gone through that discussion. Legally the right to build on the house. We'll take some responsibility for the way the driveway got shaped. Again it probably shouldn't have been approved that way because it's really not functional so we did want to resolve that as far as the aesthetics of that whole thing and also there's complaints about the cars from this home parking on the drive. On the street. It is not marked no parking. We do allow parking on the public street. Obviously there's winter parking rules that would have to be posted no parking but in hoping that the driveway is improved that the neighbors in good faith then would try to keep their cars in the driveway. This street does act kind of, as a minor collector so sight lines are improvement over there. And I also did include in your packet a letter from one of the neighbors too concerned about that. I also want to say in this Carver Beach area as a whole, going back to that 2005, there are probably other properties that are over. When we did all those PUD's 2 years ago when we did all 30 some of them, we found all kinds of interesting things out in the older parts of town where properties were set next to the street. Fence lines went quite a bit over neighboring properties and things weren't permitted as they are today so it's unfortunate this happened and we'll apologize for our part of it. Again probably the third stall was probably not the best choice for this but this is what we have today. So we are recommending, the staffs, the 33.4 which would be an additional 2.5 percent and then with the conditions in the staff report which included that they provide that mitigation area so with that I'd be happy to answer any questions that you may have. Aller: Questions? This was before us a year ago so it's fairly familiar to all of us I believe. And then I guess when we did those amendments we looked at this whole area and we were trying to make sure that we didn't punish homeowners because of the natural scenario that they had the different lots that were out there and the way things were. We just wanted to make sure that people in the future knew what they were, when they bought something, what they could build and what was allowable. Aanenson: Yep, that's correct Chairman Aller. I think part of the goal was to let people know. You know we tried to simplify when people were doing title checks to sell their home, we had all kinds of anomalies out there so we wanted to clarify their PUD's so it was simpler for someone else trying to list their property and then also an opportunity to educate people on what now we require moving forward but what's out there is out there. Aller: Great. And then do we have any idea of the calculations that would need to be done for the rain garden if that's something we look at? What that would entail. Fauske: We would certainly work with the applicant to devise a plan of something that's amenable to what would meet their requirements. Either porous pavement. Some sort of rain 24 0 0 14 Chanhassen Planning Commission — August 19, 2014 garden feature. Just an attempt to try to make an effort and we would help them with those calculations and siting of those amenities. Aller: The motion before us would set that amount at the 25% which is the current restriction. Not what's actually on the property, correct? Fauske: Correct. So anything over 25% would be treated through a porous pavement, rain garden, or a combination of any amenity. Aller: And then porous pavements, how would we enforce the use of porous pavement if somebody was to pour sand on it or alter it in some form or fashion? Fauske: I think we'd look back to the variance procedure that was granted. I mean if, as part of being granted a variance and being allowed to keep the non -conformity that exists, one of the conditions is to have that. As far as a, to bring up a situation where this has happened before. I don't have one of those unforumately. We are on some new territory here. We would certainly hope that the current homeowner and any future homeowner would agree that any porous pavement, rain garden, such thing would be a benefit not only to their property but to the whole neighborhood and would want to keep it that way. Aller: Krista, you have something to add? Spreiter: Yes. Thanks. Just to add to that. For projects where we've done some sort of stormwater treatment, usually there's a maintenance agreement that is signed by the homeowner and it kind of spells out what their maintenance responsibilities are and how long they have to perform those maintenance activities. However usually it is terminated when the house is sold so that's what we've done in the past. Aanenson: I think that's something you might want to consider as an addition to, if you do choose to recommend approval I think what Krista just stated is important to have a maintenance agreement on this because we're giving a variance. A variance runs with the property. Often times the engineering department works to fmd alternatives to provide when they're doing street recon projects, to provide residents that are willing to work with them or want to do some improvements on their own but in this case, because you are granting a variance you could make it run with the property. Aller: Thank you. That's what I was looking for. And this is a problem area with storrnwater management. Fauske: That's correct. Aller: So this is, this would be a good thing to have. Either a rain garden. Some additional if we're going to move forward, or even without. All the homeowners should consider rain gardens or, this area is in dire need of making sure that we don't have that stormwater running into the lake. 25 or 0 0 Chanhassen Planning Commission — August 19, 2014 Fauske: Correct. As Kate alluded to, we are looking at doing a resurfacing project in this area next year and we will be looking at alternative measures for storrawater mitigation with that project. Aller: Okay, thank you. Any other questions at this point? Okay, if we can have the applicant come forward. If they'd like to make a presentation. Sir, if you could state your name and address for the record. Chris King: Hi. My name is Chris King. I live at 960 Carver Beach Road. Aller: Welcome Mr. King. ChrisKing: Tbankyou. I'm going to just read because I'm not very good at speaking if you don't mind. Aller: That's okay. None of us are. Chris King: So good evening. Thank you for taking the time to hear our request. My family and I moved here a couple of months ago and love the city of Chanhassen and what it has to offer us. The last thing we wanted to do is move in and immediately cause problems. We wanted to wait a little while so, no. Just kidding. We do however feel that our request for an increase in our driveway is important and reasonable. We would like to thank Mr. Gerhardt, Mr. Generous, Ms. Aanenson. I hope I'm saying that correctly, and others involved for their recommendation and support as we realize 33.4 percent would go a long way to help our situation. We would however still like to respectfully request the full 34 percent that we have applied for because we feel it better fits our needs. When we made the request of 34 percent we did so understanding that this property has already had a 36 percent hard cover variance granted to Anita Benson in 2001 which was allowed to expire. Since that time the City has made significant upgrades to the drainage system. We also realize that Chanhassen's population continues to grow but we don't feet like our request will have a significant impact. We are also willing to follow the team's recommendation that we either use pervious material or plant a rain garden. Another factor we feel should be considered is our proximity to Carver Beach Park which is basically one house down from us so there's a house separating us from a very large open area. We are even willing to create a larger garden to accommodate the extra .6 percent if you were willing to bring it up to 34 percent. We also feel the full 34 percent is reasonable because we are a social family with young children and often host guests. At 33.4 percent we will not be able to fit as many cars as we would if the end of the driveway were wide enough, therefore creating the need to park on the street. Carver Beach Road is a very busy, very fast road with motorized traffic and this can pose a safety issue. Our house is actually positioned at the top of a hill so as you come over the hill it can kind of be a blind area. It's hard to see there. We also feel our request would meet an aesthetic need for our neighborhood. Our neighbors have been supportive and welcoming but we do know that our current driveway and even the driveway at 33.4 percent will have an unusual look. One neighbor has even expressed the concern that it may be diminishing property value. Finally we would like to bring to the attention the fact, excuse me. Finally we would like to bring attention to the fact that in the report it was noted that we already applied for and were approved for a hard cover variance. This is not true as the variance was granted to the previous owner, Mr. David Moore whom I 26 0 0 1 Chanhassen Planning Commission — August 19, 2014 purchased the land from. Thank you again for taking the time to hear our request. We are excited to move forward with this project and begin our long residency in the city. Thanks. Aller: Thank you Mr. King. Any questions of Mr. King?. Great, thank you. Chris King: Thank you. Aller: Okay open up the public hearing portion of the meeting. Anyone wishing to speak either for or against this item can do so at this time. If you can please state your name and address for the record, that would be great. Carol Zalusky: My name is Carol Zalusky and I live at 960 Western Drive. Aller: Welcome. CarolZalusky: Two streets over and I kind of represent some concerns of our community. The people in our area. We're very disappointed to see over 25% coverage for that building even being approved because there have been other people in our neighborhood that have asked for variances to expand their home. Not even getting close to this degree of coverage and you know that's been denied in the past. I mean I'm talking several years ago. Not current but you know the push has been in our community to try to have the green space. I would like to know how much the actual structure covers. Of that building. Not considering driveway, sidewalks. How much does the structure cover? Aanenson: It's approximately 34 by 20. That's for the house itself and then the garage is. Carol Zalusky: The house and garage. You know the building itself Aanenson: We're adding it up here. 1,292. Aller: 1,292. CarolZalusky: And so what percentage is that? Of the square footage of the lot? Generous: It's 21 percent. Carol Zalusky: Okay, 21 percent so you�re almost to the 25 just with the structure. Aanenson: Right. Aller: Right. CarolZalusky: So have they considered, you know rain gardens area great idea. There'snota lot of extra space you know when you've had that much coverage so how much really could you do? You know it's kind of on a slope already you know so how could the rain gardens fit in the front yard? Into really cover drainage coming off of the home. 6VA r 0 0 Chanhassen Planning Commission — August 19, 2014 Aller: If we were to add conditions to this, my understanding is what happens is that those conditions would have to be met before the variance could take place so. Carol Zalusky: Okay. Aller: It would be a matter of them working with the City to determine and calculate what that percentage is and that's why I asked the question before. What amount are we looking for in some kind of remediation. Carol Zalusky: Right. Aller: And we're going back to if the property was 25 percent we want to meet that so that's the calculations that would be involved in the motion the way it stands right now. Carol Zalusky: Okay. Alright. Aller: Does that make sense? Carol Zalusky: Right. I mean and I know there are other materials. I mean now they have these pavers that, you know they're a hard surface that you can still drive on but what kind of grass grows through so you have more drainage taking place so just want to see if other things could be entertained so, I mean we're just very concerned about. Aller: And I think those are very good question and very good points and I think that's one of the things that the staff was recommending was that they use the type of materials that will allow. Carol Zalusky: The pervious, yeah. Aller: The water to go through and then seep into the ground slowly and then we have the ability to slow that stormwater runoff. Carol Zalusky: Right, right, right so I guess if we're going to approve a variance we should have a requirement of the better surface area so that's just an opinion of the neighborhood. Aller: Thank you and I remember the neighborhood coming the last time so, tell them hi. Any other individuals wishing to come forward to speak either for or against. Seeing no one coming forward, we will close the public hearing on the matter before us and go ahead and ask for comments or questions or discussion. Undestad: I guess just one question of Alyson. Their comment about getting that extra point, a bigger rain garden, is that even a possibility or no? Fauske: We can work with the applicant to provide additional, additional surface either in a rain garden or as stated before. Either a porous pavement or some other amenity for the additional. I don't see it being an issue but as Kate indicated the variance isn't finalized until they've met all the requirements of it so if there would be an issue that came up with granting that additional .4 W 0 0 1% Chanhassen Planning Commission — August 19, 2014 percent, if that came up during the design phases that that isn't conceivable then the variance would only stand for what they've provided. Aanenson: Then I think what we looked at too, talking with the Water Resources Coordinator, it may take two. You know divide that so you have that front yard. It might be two on either side of the driveway or something Re that. Undestad: Okay. Aller: Any additional comments or questions? How do we feel about the straight up variance? Is that something anyone is interested in entertaining or, I prefer if we're going to consider it all to go to the additional conditions. Especially in light of the history of the property. It's been before the council. It's been before us. My first blush response, hearing that it was going to come back on was to say no until I read the potential for the conditions. Then my position soften so interested in hearing positions on that. Weick: If you attach conditions about the type of material or whatever, rain gardens, whatever it is, would you be inclined to approve the homeowner request of 34 percent or stick with the city request of 33 percent? I guess if we're going to put conditions would you consider, I mean we're basically talking about that little chunk. Aller: Well I think that's what Commissioner Undestad was getting to when he was asking the question. Is it feasible in the first place to even go up if we're going to go to that 25 percent? I think it's absolutely should be a requirement in my opinion to have it meet the 25 percent requirement for the runoff so that we can basically remediate the condition of the property so that that neighborhood doesn't suffer because of the building. And then the question is, is it worth fighting over the extra one percent? If it makes the value of the property an enhancement in the use of the property, an enhancement for all involved, including the neighbors. We're looking at a 3 car garage as opposed to 2 car garage. And I think all the neighbors would appreciate the fact that they can park on their driveway or in the garage as opposed to on the street. Undcstad: So Kate, if we looked at it with, if we approve it with the additional. With the full 34 percent and they go back and find out, okay there's not enough room for rain gardens and we can't get it down to the 25 percent, does it automatically go back to the 33.4? Aanenson: Yes. Our condition would be that it's driven by they provide that 25 percent. Whatever's over that 25 percent. Undestad: Okay. Aanenson: Yeah. If that's the way you're going. Undestad: Well I, you know if they can get the 25 percent and if at the end of the day they meet the 25 percent and keep their cars off the street. Aller: I mean the alternative is a strict one. Typically would be required that we'djust say no but here we're presented with a unique. 29 -P 0 0 Chanhassen Planning Commission — August 19, 2014 Hokkanen: Another unique. Aller: Opportunity to hopefully resolve the issue without creating a problem for new owners. Had it be the old owners I'd probably be feeling a little different about it. Undestad: And that brings up another question Kate. On the agreements, they have to enter into the maintenance and agreements for these wetlands or the, sorry the rain gardens but it was mentioned that that expires with the sale of the house. We could put it in where it would run. Aanenson: Right. I think we're talking about a street recon project or some of that is applied and say I'd like to get some fianding to look at this for some alternative but in this circumstance it runs with the property. A variance runs with the property so if they would sell the house and the future homeowner would be bound by maintaining that rain garden. Undestad: Okay. Aanenson: Yeah, which is similar to conditions that we would put on any other property. Hokkanen: And they would have to disclose that with the sale of the property. Aanenson: Exactly. Hokkanen: Right. Aller: Any additional thoughts? Comments? Carol Zalusky: Can I ask another question? Aller: Sure, come on up. We'll open up the public hearing. Carol Zalusky: Just because I'm really familiar with that area and I don't know about this house but some of the homes pump water constantly out of their sump pumps. I mean our neighbor next door, every 15 minutes even in these drier periods. Swoosh. Swoosh. So you know that also is a little concern of mine. You know there's another additional water flow coming out of these homes and I don't know about this home if that's on a spring also because there are so many springs that have pretty high water table. Just another consideration in terms of the water. Aller: Tliank you. While we have it open does anyone else wish to speak on it? Alright, we'll close it up again. And then I think going to the 25 percent is really the end result which would resolve that issue. I mean the water's going to come. The question is where is it coming from? Is it really this particular parcel's problem? And then on top of that if we're reducing our flow to 25 percent, I think that's what's before us and what we're considering at this point. Aanenson: Can I just clarify one thing for the record too. While this applicant didn't apply for a variance. That was the kind of the rule set for that lot you know so, they were given a variance that they had to work within and unfortunately they chose to go wider garage and here we are today because if we would have stuck with the 2 car, how it was represented, we wouldn't be in 30 0 0 9% Chanhassen Planning Commission — August 19, 2014 this situation so we'll take our responsibility for that but putting the third stall is kind of what was the tipping point here. Now we're trying to fix the situation. Aller: Which is the alternative. We can toe the hard line and say no. They were before us. We gave them a variance. it was approved by the City and it was approved before council. I mean clearly it's a buildable lot and all those other issues are gone. And then what we ended up with was not as represented and it's non -conforming. Undestad: But we did approve the building permit. Aanenson: Right. Undestad: For a 3 car garage. Aller: Which, I mean that's why the compromise is a good one. Undestad: Right. Aller: Even though I think, and the City's position would be clear and this is what we granted. You provided something that wasn't and you shouldn't be able to rely or hold us to the fire for something additional at this point. I think that's happened before in the City and the City has prevailed so, I think the potential to compromise is better for the. Hokkanen: For everybody, right. And the homeowner. Aller: And certainly for the homeowner who came in and. Hokkanen: And the neighborhood. Aller: Had no idea what was going on. Hokkanen: Right. Aller: Any further discussion? Comments. Yusuf. I have a question for city staff. Is hardcover just straight up hardcover all the time or do you guys have calculations that you may adjust depending on what materials you use? Aanenson: Typically it's anything is a hard cover. The only exception would be if someone was to put a deck on that's not sitting on the ground. We don't count that as, so this property has exhausted any other future outdoor sort of thing and I guess that's kind of why when it went through is kind of looked at for the 2 stalls so we could use some, you know so. Aller: Yeah we would have to remove, for instance we could take away the sidewalk and put a driveway in but there would be a trade-off. Aanenson: Right. Right. 31 Chanhassen Planning Commission — August 19, 2014 Aller: And that's really not a good use of the property. Aanenson: Those are kind of the practical difficulties. I think in looking at this permit originally came in with a patio and I believe it was switched to a deck so they could extend that so it'd be above ground so worked hard on trying to make that reasonable. Aller: I'll entertain a stab at a motion. Anybody have an idea of what kind of number they want to put on what I'm hearing? Undestad: I'll make a run at it here Chair. Aller: Commissioner Undestad has a motion. Undestad: I make a motion that staff recommends that the Planning Commission, as the Board of Appeals and Adjustments approve a variance for an additional 3.2 percent for a total of 34 percent hard surface coverage subject to the five conditions in the staff report, and adopt the attached Findings of Fact and Decision. And the fifth being a maintenance agreement that runs with the property. Hokkanen: Second. Aller: I have a motion by Commissioner Undestad, a second by Commissioner Hokkanen. Any further discussion? Undestad moved, Hokkanen seconded that the Planning Commission acting as the Board of Appeals and Adjustments approves an additional 3.2 percent hard cover variance to permit the construction of a driveway to a single family home subject to the following conditions, and adoption of the attached Findings of Fact and Decision: 1. The property owner shall submit an as -built survey to ensure additional hard cover does not exceed 3.2 percent, to a total of 34 percent hard cover. 2. The driveway expansion shall substantially conform to the schematic as shown in the staff report. 3. Provide mitigation for the increased volume through some type of infiltration practice which abstracts a volume equal to that volume which runs off the area of impervious that are over the allowed 25 percent (i.e. rain garden), or use an alternate pervious surface for the construction of the driveway. 4. The applicant apply for a zoning permit for the driveway expansion and rain garden. 5. A maintenance agreement shall run with the property. Ali voted in favor and the motion carried unanimously with a vote of 7 to 0. Aller: Motioncarries. I think that's a good result. 0A AD CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Christopher and Barbara King for a hardcover variance for a single-family home and driveway on property zoned single-family residential (RSF) — Planning Case #2014-21. On August 19,2014 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 I . The property is currently zoned single-family residential. 2. The property is guided in the Chanhassen Comprehensive Plan for residential low density use. 3. The legal description of the property is Lots 998, 999 and 1000, Carver Beach. 4. Variance FindingE — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction and use of a two-story, single-family home within the building envelope is a normal use of the property in a residential district, which is in harmony with the general purposes and intent of the RSF district. Providing adequate driveway access to the garage on site is a standard accessory use for the property and is required under the city code. The subject site is located within the Carver Beach subdivision, which was platted in 1927. Carver Beach is zoned SingJe-Family Residential (RSF) and is comprised of several non -conforming residential lots which predate the adoption of the zoning ordinance. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not pen-nitted by this SCANNED A* Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The lot size creates practical difficulties in constructing a single-family home. The site has 60 feet by 100 feet lot dimensions, 6,000 square feet in total. The lot is zoned Single -Family Residential and has a 25 percent hardcover limitation that leaves the property with only 1500 square feet available for hardcover surface. In order to meet the minimum code requirements for reasonable driveway access to the garage, a variance is necessary. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone. The applicant constructed a single-family home on a non -conforming lot of record in a residential zoning district and is trying to provide adequate access to the garage. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The lot size creates a unique circumstance in constructing a single-family home with an adequate driveway to the garage. The proposed total impervious surface is less than most new single-family homes being constructed in the city. e. The variance, if granted, will not alter the essential character of the locality (similar home sizes). Finding: The homes located on either side of the home are both one-story homes with 1646 square feet and 1144 square feet of habitable living area. Another home located adjacent to the northeast of this lot is a one -and -a -half story home with 1704 square feet of habitable living area. Granting the proposed variance request will not alter the essential character of the locality or Carver Beach neighborhood, a residential district. 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 #2014-21, dated August 19, 2014, prepared by Kate Aanenson, et al, is incorporated herein. 06 DECISION The Board of Appeals and Adjustments approves an additional 3.2 percent hardcover variance (34% total hardcover) to permit the construction of a driveway. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 19' day of August, 2014. C]TY OF CHANHASSEN Chairman 0 CITY OF CHANHASSEN PC POE: August 19, 2014 -L) � S, CCDATE: September8,2014 �� REVIEW DEADLINE: Sept. 16,2014 CASE #: 2014-21 BY: KA, TJ PROPOSED MOTION: "The Chanhassen Board of Appeals and Adjustments approves an additional 2.5 percent hardcover variance to permit the construction of a driveway to a single-family home subject to the conditions of the staff report and adoption of the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The applicant is requesting a variance from Section 20-614 (4) of the Chanhassen City Code to construct additional hard surface for a driveway LOCATION: 960 Carver Beach Road (25-1600850) APPLICANT: Christopher and Barbara King OWNER: Christopher and Barbara King PRESENT ZONING: Residential Single Family (RSF) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 0. 14 acre (6,000 sq. ft.) DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting relief in the form of a hardcover variance from the zoning ordinance to complete the driveway on the lot. Staff is recommending approval of the hardcover variance subject to the conditions of the report. SCANNED 0 0 Planning Commission King Variance — Planning Case 2014-21 August 19,2014 Page 2 of 8 APPLICABLE REGULATIONS Section 20-29, Variance and appeals procedures. Requires 3/4" vote of members present. Section 20-56 through 20-60, Variances. Section 20-615 (4), permits a maximum lot coverage of 25 percent BACKGROUND The property is located in Carver Beach and consists of three lots, which are each 20 feet wide by 100 feet deep. The subject property is 6,000 square feet in area. It is 60 feet in width (90 feet required) and 100 feet in depth (125 feet required). No variance is required for development on platted lots provided they comply with the ordinance. On July 16,2013, the Planning Commission, acting as the Board of Adjustment, approved the following variance: a 5.8 percent variance (30.8 % hardcover),from the 25 percent hardcover limitationfor the Single -Family Residential District (RSF). This action was appealed to the city Council. On August 12, 2013 the City Council approved a variancefor hard cover of 5.8 percent to allowfor a hard cover of 30.8% with thefollohing conditions ofapproval.- 1. The builder shall provide a tree survey as part of the building permit process. The builder shall try to preserve the trees at the perimeter of the property. 2. The building shall be limited to the split level or two-story house design. 3. The builder shall apply for a building permit and meet all requirements of said permit. The variance was based on the following house plan. The proposed house plan was shown as 34 feet by 35 feet with a 16 -foot wide drive. I 1 30 ln�� =.. 'd Planning Commission King Variance — Planning Case 2014-21 August 19, 2014 Page 3 of 8 ANALYSIS The applicant is requesting to increase the footprint of their driveway at 960 Carver Beach Road. The property was developed in 2013 after a variance was granted allowing a 5.8% variance from the allotted hardcover on a single-family residential property. This variance was granted based upon the need to meet minimum requirements, including a minimum living space of 1,050 square feet (the current house footprint is 1,292 square feet) and a two -stall garage (the current garage has three stalls at approximately 28 feet by 20 feet). The applicant already exceeded the minimum requirements when building on the site. The home was approved for a building permit meeting the required setbacks and the hard surface requirements. The constructed home is 37 feet by 39 feet (including the garage). The driveway was tapered down to 10 feet at the property line. A minimal driveway apron was placed atthe entrance to the garage, making it impractical to enter the third stall on the pavement. Staff has received complaints from the neighbors about parking cars on Carver Beach Road. .. i�w FIU� FAMILY HOMES M� M� W� �R OF 1.4 1, 1. 6j Legal 0�plbn: LM "g -loam � 8� CkqVER COUWTy. MINNEWA � �� N � � OF EXISTING DRIVEWAY (30.8% Impervious) Utr Nj JUN I a VIN Planning Commission 0 King Variance — Planning Case 2014-21 August 19, 2014 Page 4 of 8 The existing garage is not a true three -car garage (see drawing below), it is only 18 feet deep and includes steps into the house. A three -stall garage does require more driveway surface to access. The applicants are seeking an impervious coverage of 34 percent with a total of coverage of 2050.5 square feet. —28 18 IS 3 CAR Applicant's Garage 28' x 20' ..r - - 2-5"DROP 0 0 Planning Commission King Variance — Planning Case 2014-21 August 19,2014 Page 5 of 8 . . 1�7M FINAL GRADE AS -BUILT SURVEY pmff K. W, �1 �� M 9� F�Y W� PROPOSED DRIVEWAY (34% Impervious) 0 OT T 9 8 99-1-4 0 98 I.: L2f--- .41 bill, rw t bA UPI DesmPlin �A Staff has reviewed the request to get the the minimum hard surface to have reasonable access to the garage and proposed an alternative plan. The curve on the driveway can accommodate the typical turning movements of a standard vehicle. ..--JNRAL— FINAL GRADE AS -BUILT SURVEY � W 2m�' PRUFM M RECOMMENDED DRIVEWAY (33.3% Imperviou L T OT L 998 9;40c� in M T�11 Legal DeSaVkn: UM �A M4 4, d Planning Commission 0 King Variance — Planning Case 2014-21 August 19,2014 Page 6 of 8 DRAINAGE Carver Beach is marked by the absence of an adequate storm sewer system and little to no storm water treatment. This area drains to what is referred to as the West Central Lotus Lake Drainage area. This is a 330 -acre watershed that drains through a narrow channel between Bighorn Drive and Big Woods Boulevard. This channel is known to have capacity issues and is subject to side cutting and incision as a result of the volume of water and flashiness that occurs to flows within this channel. This is resulting in property damage and sediment deposition into Lotus Lake. In addition, the storm sewer at Kerber Boulevard experiences surcharge conditions. In 2007, the City initiated a study to look at potential solutions to this drainage and flooding problem. In 2008, the City undertook a significant drainage improvement project. This was the first phase of a three-phase urhiie the systm worked er desi Y and significantly improved the drainage condition, the system was still overwhelmed by the June 19, 2014 storm at both the outlet Figure 3. Looking north on Kerber Blvd at Storm Sewer Surcharge (above) and east from Kerber through project area (right). 0 0 Planning Commission King Variance — Planning Case 2014-21 August 19,2014 Page 7 of 8 by Carver Beach Road and at Kerber Boulevard shown in the pictures on the preceding page. There are additional issues directly attributable to runoff within this watershed including erosion at Penamint Lane, flooding at Pontiac Circle and sinkhole formation in Meadow Green Park. The applicant's property is in the northwest comer of LL 48. Figure 4. Location of known issues related to excess rate and volume within the WCLL Watershed The applicant has already been granted a variance from the hardcover ordinance to construct their home. The home that has been constructed exceeds the minimurn requirements for a single- family residential home (1,050 square feet and a two -stall garage). This home is in a drainage area which feeds Lotus Lake and is known to have several flooding and rate control issues directly attributable to runoff. For these reasons, the Water Resources Coordinator would recommend denial of the variance request unless the applicant can mitigate for the increased volume through some type of infiltration practice which abstracts a volume equal to that volume which runs off the area of impervious they are over the allowed 25% (i.e. rain garden), or they use an alternate pervious surface for the construction of the driveway. 0 0 Planning Commission King Variance — Planning Case 2014-21 August 19,2014 Page 8 of 8 RECOMMENDATION Staff recommends that the Planning Commission, as the Board of Appeals and Adjustments, approve an additional 2.5 percent variance subject to the following conditions and adopt of the attached Findings of Fact and Decision: 1. The property owner shall submit an as -built survey to ensure additional hard cover does not exceed 2.5 percent, to a total of 33.4 percent hard cover. 2. The driveway expansion stall substantially conform to the schematic as shown in the staff report. 3. Provide mitigation for the increased volume through some type of infiltration practice which abstracts a volume equal to that volume which runs off the area of impervious they are over the allowed 25% (i.e. rain garden), or use an alternate pervious surface for the construction of the driveway. 4. The applicant shall apply for a zoning permit for the driveway expansion and rain garden. ATTACHMENTS I . Findings of Fact and Decision. 2. Development Review Application. 3. As -built survey. 4. Letter from Kris and Barbara King dated July 15, 2014. 5. Email from Dick Roe dated August 7, 2014.p 6. Affidavit of Mailing of Public Hearing Notice. gAplan\2014 planning cases\2014-21 960 cma beach �d varianc6staff reporl.doc 0 0 CrIY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION 111 L, IJ 3 Application of Christopher and Barbara King for a hardcover variance for a single-family home and driveway on property zoned single-family residential (RSF) — Planning Case #2014-21. On August 19,2014 the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned single-family residential. 2. The property is guided in the Chanhassen Comprehensive Plan for residential low density use. 3. The legal description of the property is Lots 998, 999 and 1000, Carver Beach. 4. Variance Findinas — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction and use of a two-story, single-family home within the building envelope is a normal use of the property in a residential district, which is in harmony with the general purposes and intent of the RSF district. Providing adequate driveway access to the garage on site is a standard accessory use for the property and is required under the city code. The subject site is located within the Carver Beach subdivision, which was platted in 1927. Carver Beach is zoned Single -Family Residential (RSF) and is comprised of several non -conforming residential lots which predate the adoption of the zoning ordinance. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manncr not permitted by this 0 Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The lot size creates practical difficulties in constructing a single-family home. The site has 60 feet by 100 feet lot dimensions, 6,000 square feet in total. The lot is zoned Single -Family Residential and has a 25 percent hardcover limitation that leaves the property with only 1500 square feet available for hardcover surface. In order to meet the minummi code requirements for reasonable driveway access to the garage, a variance is necessary. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone. The applicant constructed a single-family home on a non -conforming lot of record in a residential zoning district and is trying to provide adequate access to the garage. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The lot size creates a unique circumstance in constructing a single-family home with an adequate driveway to the garage. The proposed total impervious surface is less than most new single-family homes being constructed in the city. e. The variance, if granted, will not alter the essential character of the locality (similar home sizes). Finding: The homes located on either side of the home are both one-story homes with 1646 square feet and 1144 square feet of habitable living area. Another home located adjacent to the northeast of this lot is a one -and -a -half story home with 1704 square feet of habitable living area. Granting the proposed variance request will not alter the essential character of the locality or Carver Beach neighborhood, a residential district. 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 #2014-21, dated August 19,2014, prepared by Kate Aimenson, et al, is incorporated herein. 0 0 DECISION The Board of Appeals and Adjustments approves an additional 2.5 percent hardcover variance (33.3% total hardcover) to permit the construction of a driveway. ADOPTED by the Chanhassen Board of Appeals and Adjustments this l9dday of August, 2014. CITY OF CHANHASSEN M Chairman COMMUNITY DEVELOPMENT DEPMRTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MIN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 * CITY OF CHANHASSEN APPLICATION FOR DEVELOPMENT REVIEW Date Filed 60 -Day Review Deadline: Planner: Case #:,_�o Section 1: Application Type (check all that apply) El Comprehensive Plan Amendment ......................... $600 El Minor MUSA line for failing on-site sewers ...... $100 El Conditional Use Permit El Single -Family Residence ........ ........................ $325 El All Others ......................................................... $425 El Interim Use Permit El In conjunction with Single -Family Residence..$325 El All Others ......................................................... $425 El Rezoning El Planned Unit Development (PUD) ................... $750 El Minor Amendment to existing PUD ................. $100 ElAll Others ......................................................... $500 El Sign Plan Review ................................................... $150 El Site Plan Review El Administrative .................................................. $100 El Commercial/industrial Districts* ...................... $500 Plus $10 per 1,000 square feet of building area *Include number of existing employees: and number of new employees: El Residential Districts ......................................... $500 Plus $5 per dwelling unit ADDITIONAL REQUIRED FEES: El Notification Sign ................................................... $200 (city to install and remove) El Property Owners' List within 500 .......... $3 per address (City to generate — fee determined at pre-appliration meeting) Escrow for Recording Documents.. $50 per document (CUP/SIORNACNARMAP/Metes & Bounds Subdivision) El Subdivision El Create 3 lots or less ......................................... $300 El Create over 3 lots ...................... $600 + $15 per lot El Metes & Bounds ........................ $300 + $50 per lot El Consolidate Lots .............................................. $150 El Lot Line Adjustment ......................................... $150 El Final Plat* ........................................................ $250 *Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the development contract. El Vacation of Easements/Right-of-way ................... $300 (Additional recording fees may apply) Variance............................................................... $200 Wetland Alteration Permit El Single -Family Residence ............................... $150 0 All Others ....................................................... $275 El Zoning Appeal ...................................................... $100 El Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concumently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) TOTAL FEES: $ Received from: Date Received: Check Number: Section 2: Required Information Project Name: ql�o OAJ-v�A- &,kct� -0V Property Address or Location: Lt-, &,,e,- Irkfach Parcel #: -R G 09 `�_n Legal Description: — L-64 S 1000, ( co- vy- r B'20 -r 1-1 Total Acreage: Wetlands Present? El Yes El No Present Zoning: Requested Zoning: Present Land Use Designation: — )C Existing Use of Property: Aila Le Description of Proposal: IM Check box if separate narrative is attached Requested Land Use Designation: 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: Addres City/st� Email:. Signaft Contact: &rb Phone: U/0 -00T-5W54 Cell: ju�yl Fax: Al�t4 Date: -07 - 16--14j- This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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: Address: City/State/Zip: Email: Contact: Phone: Cell: Fax: I Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: El Property Owner Via: El Email Mailed Paper Copy Name: El Applicant Via: El Email Mailed Paper Copy Address: El Engineer Via: El Email Mailed Paper Copy City/Stat�/ZIp: El Other- Via: El Email Mailed Paper Copy Email: 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: City/State/Zip: Email: Signature: Phone: Cell: Fax: 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: Addres City/Sti Email:. Signaft Contact Phone: U1,9 -06T-5-17A' Cell: J"�V' Fax: Ada Date: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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: City/State/Zip: Email: Phone: Cell: Fax: ISection 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: El Property Owner Via: El Email [I Mailed Paper Copy Name: El Applicant Via: E] Email E] Mailed Paper Copy Address: El Engineer Via: []Email E] Mailed Paper Copy City/StatOip. El Other* Via: E] Email [-] Mailed Paper Copy Email: PROXCIr No. 15397.00 PREPARED FOR: FIELDSTONE FAMILY HOMES INC. 000.0 DENOTES EXISTING ELEVATION (Mli DENOTES PROPOSED ELEVATION — INDICATES DIRECTION OF SURFACE DRAINAGE W 11224�20 - FINISHED GARAGE FLOOR D-EVATM (IMS - TOP OF FOUNDATION ELEVATION (GAFAGE) M-141 - TOP OF FOUNDATION ELLVAnON (HOUSE) f1919,131 - BASEMENT FLOOR ELEVATION 000.0 = DENOTES VrFUM AS -BUILT 11"ATION A� M WVOl BEACH ROAD INIVOL HJNC + DEWITES IREE LOCATED ON 01-2�M 30' ASH 102&4 LUT AREA r.024 50. I'T HOLP3E AREA t 1.292 50. rT PORCH AREA: GO 50. rT EX15TING CONCRETE AREA - 77 5Q. FT (PROPOSED 74 50. ff) EX15TING DRIVEWAY AREA: 419 5Q. rT noro5w 424 5Q. rr.) TOTAL IMPERVIOUS AREA: 1,81,18 SQ. FT. 301% (PROPOSED 1,8.50 SQ.FT, (70.7%) TOTAL IMPERIOUS ARE.A AI_LOWED: 1 KA SQ FT. (30.8%) SCALE : I' - 20' Legal Descripbon LOTS 998-1000. CARVER BEACH CARVER COUNTY, MINNESOTA INC. FINAL GRADE AS -BUILT SURVEY NOTE. ALL LOT IRON MONUMENTS IN PLACE AS OF 6-3-14 EX15TING .,JOU5E IfX15TING VIOU5E _j--- GARAGr 2.6 DROP CARVER EQA_Q 1025� UX15TING rz _APAGt_ M z X�' REVISED 02,04-14 REVISED PROPOSED ELEVATIONS AND ADD LOCATED TREES TO LEGEND. REVISED 64�i 4 FINAL GRADE AS BUILT ROOK 6vce( bIt�so ? rfKi,- CLAT-, toktw_ ;ILC'A5 C07- Our I hereby certify that this In a true and correct ,qw,woontalJon of a tract as shown and described hervan. An prep�sd by me this 27TH day of JA#UARY. 2014 Minn. Reg. No. 19086 RUSSELL P. DAMLO 0 LOT 998 \A V) '. EX15TING .,JOU5E IfX15TING VIOU5E _j--- GARAGr 2.6 DROP CARVER EQA_Q 1025� UX15TING rz _APAGt_ M z X�' REVISED 02,04-14 REVISED PROPOSED ELEVATIONS AND ADD LOCATED TREES TO LEGEND. REVISED 64�i 4 FINAL GRADE AS BUILT ROOK 6vce( bIt�so ? rfKi,- CLAT-, toktw_ ;ILC'A5 C07- Our I hereby certify that this In a true and correct ,qw,woontalJon of a tract as shown and described hervan. An prep�sd by me this 27TH day of JA#UARY. 2014 Minn. Reg. No. 19086 RUSSELL P. DAMLO 0 0 0 July 15, 2014 Planning Commission City of Chanhassen 7700 Market Boulevard Chanhassen. MN 55317 Planning Division: We are writing to you in regards to our property located at 960 Carver Beach Road. Our family recently relocated to the city of Chanhassen from Brooklyn Park in order to live closer to our places of employment and also to provide a better quality of life for our three children. We were able to find a vacant lot that was for sale and although the size was small we really wanted to live in Chanhassen so we purchased it. We have since built our home and are loving the area. One thing that we are struggling with is that we are not able to fully use our garage due to the impervious surface allotment that was given to our plot of land. The third stall is impossible to get into without driving on the grass and even the two stall side is difficult to enter without taking much precaution to avoid hitting the other car or the side of the garage. Although all of our neighbors that we have spoken to have been very respectful and kind, they have let us know their concerns about our driveway. One concern mentioned has to do with safety. Currently we have been parking one vehicle on the street due to the lack of functionality of our driveway. This creates problems for passing traffic that we would like to avoid. We are also concerned about the winter when we are no longer allowed to park on the street. Todd Gerhardt, City Manger, has been out to the property and has been witness to the safety concerns. He is on board with increasing the size of the driveway. We are applying for a variance to the hardcover surface area so that we may use all stalls of our garage without difficulty. Our hardcover is currently at 30.7% and we are requesting to increase this to 34%. On February 12, 2001, Anita Benson (the owner at that time) was approved for a variance that allowed 36% hardcover but this expired since it was not done within the year. We are only asking for 34%. We feel that this is reasonable because it not only addresses the functionality of the driveway but also the aesthetics and safety. Regards, 110, Chris and Barb King Public Hearing Page I of I Public Hearing From: Dick Roe <roe37@peoplepc.com> To: kaanenson@ci.chanhassen.mn.us Subject: Public Hearing Date: Aug 7,2014 5:05 PM Kate, this response is in regards to Planning Case 2014-21. I live at 6771 Penamint Lane which my driveway is immediately across from the King's residence at 960 Carver Beach Road. I will be out of town for two weeks starting August 14th or I would attend your meeting of August 19th. I do 100% support the request for a variance to exceed the impervious surface limitation inorder to increase the size of the existing driveway for the following reason's. 1. It causes a major traffic hazard in it's present form, due to resident's need to park a car on Carver Beach Road, due to size of existing driveway. 2. The present driveway appearance is downgrading to existing neighbor's home property value's. 3. Carver Beach Road has heavy car volume and with the only sidewalk along C.B. Road being on the south side of the road, Families with small children are alway's crossing across to go to Carver Beach Park. Any type of obstruction on the road such as a vehicle may contribute to a unnecessary incident. 4. We all know the City changed this lot from Unbuildable to Buildable and knew this was a Substandard size lot, which was sold to a Realtor, who sold to a builder, who sold to the Kings..This family with 3 small children, will be a great asset to the Chanhassen Community and as any family with children have a need for a normal size driveway as all of us do. I appreciate your attention to my letter and hope that you can pass on my positive vote for this variance to the Planning Commission. Thanks in advance. Dick Roe 6771 Penamint Lane Chanhassen, Mn. 55317 (Current resident 19 years, retired) file:///C:/tJsers/John/AppData/LocaVFemp/Low/ZBV6XPQB.htm 8/7/2014 0 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss. COUNTY OF CARVER ) 1, Karen J. Engelhardt� being first duly swom, on oath deposes that she is and was on August 7, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for 960 Carver Beach Road Variance — Planning Case 2014-21 to the persons named on attached Exhibit 'W', by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and orn to before me thisa�� day oMLA-<4- 2014. AA lic Notary Pit :K 7EU EN S T 148 'M:rYZ Mt r NZ 3Z 15 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 19, 2014 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Variance to exceed the impervious surface Proposal: limitation to construct a driveway on property zoned Single Family Residential (RSF) Applicant: Christopher & Barbara King Property 960 Carver Beach Road Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-21. If you wish to talk to someone about this project, please contact Kate Aanenson by email at kaanenson(cDci.chanhassen.mn.us or by phone at Questions & 952-227-1139. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments. Site Plan Reviews, Conditional and Interim Uses, 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. Thew 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 oommercial/Industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check Wth the Planning Department regarding Its status and scheduling for the City Council meeting. • A neighborhood spokespersonfirepresentative Is encouraged to provide a contact for the city. Often developers am 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 wII be Included in the report to the City Council. If you wish to have something to be Included In the report, please contact the Planning Staff person named on the notification. — Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 19, 2014 at 7:00 p.m. This hearing may not start until later In the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Variance to exceed the impervious surface Proposal: limitation to construct a driveway on property zoned Single Family Residential (RSF) Applican Christopher & Barbara King Property 960 Carver Beach Road Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-21. If you wish to talk to someone about this project, please contact Kate Aanenson by email at kaanenson(cDci.chanhassen.mn.us or by phone at Questions & 952-227-1139. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission, The staff report for this item will be available online on the project web site listed above the Thursday prior to the I Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and interim Uses, Welland Afterati Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all properlywithin 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 Rem and make a recommendation to the City Council. The City Council may reverse, affinm 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 commerciallindustrial. • 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 spolkespersonlrepresimuitive is encouraged to provide a contact for the city. Often developers am 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 am 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 Sta person named on the notification. 0 0 ARLEE N & JEAN M MUELLER 1001 CARVER BEACH RD CHANHASSEN, MN 55317-9529 COREY A & KATIE ECKHOFF 920 HIAWATHA DR CHANHASSEN, MN 55317-9532 EDWARD A HJERMSTAD JR 6790 PENAMINT LN CHANHASSEN, MN 55317-9215 JEFFREY W & MARY L BORNS 7199 FRONTIER TRL CHANHASSEN, MN 55317-9605 KENT & MARY BRAUN 900 HIAWATHA DR CHANHASSEN, MN 55317-9532 LANCE A & RACHEL A CARNAHAN 1000 CARVER BEACH RD CHANHASSEN, MN 55317-9529 RAY E & MARY L MIKKONEN 6781 PENAMINT LN CHANHASSEN, MN 55317-9216 THOMAS JR & HILDA REDWING 990 CARVER BEACH RD CHANHASSEN, MN 55317-8572 WILLIAM SHANE & MARY L MURPHY 940 PENAMINT CT CHANHASSEN, MN 55317-9598 BRENT A BAUER CHRISTOPHER KING 6000 WYNGATE LN 8209 MORGAN AVE N MINNETONKA, MN 55345-6557 BROOKLYN PARK, MN 55444-1549 DAVE R & JUDY L LABODA DENNIS W SCHILLING 3115 29TH ST 941 WESTERN DR SLAYTON, MN 56172-1545 CHANHASSEN, MN 55317-9556 FOURCO LLC GARY J & JACQUELINE A HOFFMAN 6771 PENAMINT LN 860 HIAWATHA DR CHANHASSEN, MN 55317-9216 CHANHASSEN, MN 55317-9532 JOSEPH M & LORI L HARRINGTON KEITH J & JULIE L PETERSON 901 CARVER BEACH RD 921 HIAWATHA DR CHANHASSEN, MN 55317-8572 CHANHASSEN, MN 55317-9532 KERMIT D AUSTAD KYLE B WENNERSTEN 980 CARVER BEACH RD 1001 WESTERN DR CHANHASSEN, MN 55317-8572 CHANHASSEN, MN 55317-8474 LOIS L HERRMANN M KEITH & JAYNE M MOODY 991 WESTERN DR 960 PENAMINT CT CHANHASSEN, MN 55317-9556 CHANHASSEN, MN 55317-9598 ROBERT B NELSEN SERAFIMA & PAVEL GORLOV 970 CARVER BEACH RD 921 WESTERN DR CHANHASSEN, MN 55317-8572 CHANHASSEN, MN 55317-9556 TIMOTHY D & CHARLOTTE WALFORD A SCHWAB SAVALOJA 950 CARVER BEACH RD 6770 PENAMINT LN CHANHASSEN, MN 55317-8572 CHANHASSEN, MN 55317-9215 0 0 Affidavit of Publication Southwest Newspapers CITY OF CHANHASSEN State of Minnesota) CARVER & HENNEPIN COUNTIES )SS. NOTICE OF PUBLIC HEARING County of Carver PLANNING CASE NO. 2014-21 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Cornmission will hold a public Laurie A. Hartmann, being duly sworn, on oath says that she is die publisher or the authorized hewing on Tuesday, August 19, agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- 2014, at 7:00 p.m. in the Council Chambers in Chanhassen City lager and has full knowledge of the facts herein stated as follows: Hall, 7700 Market Blvd. The purpose of this hearing is to (A) These newspapers have complied with the requirements constituting qualification as a legal consider a request for a Variance newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as to exceed the impervious surface amended. limitation to construct a driveway on property zoned Single Family (B) The printed public notice that is attached to this Affidavit and identified as No. Residential (RSF) and located was published on the date or dates and in the newspaper stated in the attached Notice and said at 960 Carver Beach Road. Applicant/Owner: Christopher Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of & Barbara King. the newspaper specified. Printed below is a copy of the lower ewe alphabet from A to Z, both A plan showing the location inclusive, and is hereby acknowledged as being the kind and size of type used in the composition of the proposal is available and publication of the Notice: for public review on the City's web site at wwwci.chanhassen. abcdefghijkhunopqrstu mn.us/2014-21 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing y: and express their opinions with Laurie A. Hartmann respect to this proposal. 4A Kate Amenson, AICF, Community Development Director Subscribed and sworn before me on Email: kaanensong ci.chanhassen.mmus Phone: 952-227-1139 (Published in the Chanhassen this of 2014 Villager on Thursday August 7, —LL—day 2014; No. 4994) JVMMEJEANNE7E BARK NTARY MiC - M'N.NESOTA Nr)4L' 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 0 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2014-21 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 19, 2014, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance to exceed the impervious surface limitation to construct a driveway on property zoned Single Family Residential (RSF) and located at 960 Carver Beach Road. Applicant/Owner: Christopher & Barbara King. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2014-21 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Kate Aanenson, AICP, Community Development Director Email: kaanenson@ci.chanhassen.mn.us Phone: 952-227-1139 (Publish in the Chanhassen Villager on August 7, 2014) SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, NM 55317 (952) 227-1100 I* Date: July 23, 2014 ReN ieAN Response Deadline: August 6,2014 To: Development Plan Refm-al Agencies From: Planning Department By: Kate Aanenson, AICP, Community Development Director Subject: Request for a Variance to exceed the impervious surface limitation to construct a driveway on properby zoned Single Family Residential (RSF) and located at 960 Carver Beach Road. Applicant/Owner: Christopher & Barbara King Planning Case: 2014-21 PED: 25-1600850 The above described application for approval of a land development proposal was filed with the Cbnnba sen Planning Department on July 18, 2014. The 60 -day review period ends September 16,2014. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the unpact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 19, 2014 at 7:00 p.m. in the Council Chambers at Cbanba sen City Hall. We would appreciate receiving your comments by no later than August 6, 2014. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacorn 12. CenterPoint Energy Minnegasco SCANNED Property Card Taxpayer Information Taxpayer Name CHRISTOPHER KING BARBARA KING Mailing Address 8209 MORGAN AVE N BROOKLYN PARK, MN 55444-1549 Property Address Address 960 CARVER BEACH RD city CHANHASSEN, MN 55317 Uses Tax Description Building Style Year Built Parcel ID Number 251600850 Parcel Information Res V Land GIS Acres 0.13 Tax Acres Plat CARVER BEACH Lot Block LOTS 998 - 1000 2STORY 2014 Building Information Finished Sq Ft 2092 Bedrooms Other Garage Y Bathrooms 4 2.50 Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0276 WS 062 MINNEHAHA CREEK N N IN Assessor Information Estimated Market Value 2013 Values 2014 Values Last Sale (Payable 2014) (Payable 2015) Land $7,300.00 $24,100.00 Date of Sale 02/06/2014 Building $0.00 $0.00 Sale Value $54,900.00 Total $7,300.00 $24,100.00 Qualified/ Q Unqualified Chscla=l�::,5,hf..abch,s to ne used for reference purposes only Comer County does hot guarantee accuracy of the material orribil and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subc. 21 (2000). and the user of this service acknowledges that the County shall not be liable for any damages and expressly warves all claims, and agrees to defend, indemnify. and hold hamiless the County from any and all claims brought by User CARVER its employees or agents. or third parthes, which arise out of the users access or use of data provided. COUNTY Wednesday, July 23, 2014 Carver County, MN Page 1 of 1 SCANNED PROJECT NO. jDiv/.LAW PERMIT NO. 2014-00231 PREPARED FOR: FIELDSTONE FAMILY HOMES INC. 000.0 DENOTES EXISTING ELEVATION (ODO.0) DENOTES PROPOSED ELEVATION INDICATES DIRECTION OF SURFACE DRAJNAGE 1024.29 (1024.30) = FINISHED GARAGE FLOOR ELEVATION (1024.63) = TOP OF FOUNDATION ELEVATION (GARAGE) (1027.13) = TOP OF FOUNDATION ELEVATION (HOUSE) (1019.131 = BASEMENT FLOOR ELEVATION 000.0 = DENOTES VERMD AS -BUILT ELEVATION ADDRESS. 960 CARVER BEACH ROAD BUYER. KING + DENOTES TREE LOCATED ON 01-24-13. 30" ASH 1028.4 LOT AREA: G,024 5Q. I'T MOU5E AREA 1,292 5Q. FT PORCH ARf A GO 5Q. fT M5TING CONCPETE AREA; 77 SQ. FT (PROPOSED 74 5Q. FT.) EY15TING BITUMINOUS AREA: 419 5Q. FT (PPOP05ED 424 5Q. FT.) TOTAL IMPERVIOUS AREA: 1,848 SQ. FT. 30.7% (PROPOSED 1,850 SQ.FT. (30.7%) TOTAL IMPERIOUS AREA ALLOWED: 1,855 SQ. FT. (30.8%) T _T SCALE : 1" = 20' Legal Description: LOTS 998-1000, CARVER BEACH CARVER COUNTY, MINNESOTA CONSUL'IlNG ENIGGINIM�RS, ROSE PLMNERS and LAND SURVE NIGINEERING Prc COMPRNY, INC. 101310 EAST 145th ST., M 240. KMMAIL MN 55W? PH (91M)43�=\D FINAL GRADE AS -BUILT SURVEY NOTE: ALL LOT IRON MONUMENTS IN PLACE AS OF 6-3-14 )OP7.0 4, 1415$ low.ex 1028.4 x LU 0 U) x -1025.0 1023.6x S89048'15"W 1027.8 60.06 X 28� OT (1027 ' 7) C 9 9XI02 -81 00j T 241 �U.l liw-WA _26-pliff 37 h 0.00 ' I i0o .4 x 1023.9 1024.2 4 D IF, 021.8 x P 12161 Ob C6 WN _I --- GARAGE 2.5'DROP U 1025,5 EX15TING GARAGE 7 ON CWZ FLR C:) F-0 025.73 0 0 0 z X1023.7 4 021A 102j.? 1021..X (1020.4) CARVER, 5EACh RO�� <__ - __G 5ANV.h a, PVC 101� �15 I I I 18" DIP REVISED 02-04-14 REVISED PROPOSED ELEVATIONS AND ADD LOCATED TREES TO LEGEND, REVISED 6-6-14 FINAL GRADE AS BUILT REVISED 6-10-14 PER CITY COMMENTS & AS-BUILTED SWALES MAIN FLOOK 1026.94 6�? � J Irlt Ply Ll 10 CITY Of CHANHASSEN RWEIVED JUN 1 1 2014 gNQWEpWG DIEPT. SCANNED I hereby certify that this is a true and correct representation of a tract as shown and described hereon. As prepared by me this 27TH day of JAWLIARY, 2014. ala, to 44-4f- Minn. Reg. No. 19086 SSELL P. DAMLO I'D IP 1027.5 EX15TING LOT MAN I.L�OUH 1OZ7,4X 998 1029.2 1 1027.5 (1025�8) 4, 1415$ low.ex 1028.4 x LU 0 U) x -1025.0 1023.6x S89048'15"W 1027.8 60.06 X 28� OT (1027 ' 7) C 9 9XI02 -81 00j T 241 �U.l liw-WA _26-pliff 37 h 0.00 ' I i0o .4 x 1023.9 1024.2 4 D IF, 021.8 x P 12161 Ob C6 WN _I --- GARAGE 2.5'DROP U 1025,5 EX15TING GARAGE 7 ON CWZ FLR C:) F-0 025.73 0 0 0 z X1023.7 4 021A 102j.? 1021..X (1020.4) CARVER, 5EACh RO�� <__ - __G 5ANV.h a, PVC 101� �15 I I I 18" DIP REVISED 02-04-14 REVISED PROPOSED ELEVATIONS AND ADD LOCATED TREES TO LEGEND, REVISED 6-6-14 FINAL GRADE AS BUILT REVISED 6-10-14 PER CITY COMMENTS & AS-BUILTED SWALES MAIN FLOOK 1026.94 6�? � J Irlt Ply Ll 10 CITY Of CHANHASSEN RWEIVED JUN 1 1 2014 gNQWEpWG DIEPT. SCANNED I hereby certify that this is a true and correct representation of a tract as shown and described hereon. As prepared by me this 27TH day of JAWLIARY, 2014. ala, to 44-4f- Minn. Reg. No. 19086 SSELL P. DAMLO PROJECT NO. 15397.UUVF PERMIT NO. 2014-00231 PREPARED FOR: FIELDSTONE FAMILY HOMES INC. 000.0 DENOTES EXISTING ELEVATION (000.0) DENOTES PROPOSED ELEVATION INDICATES DIRECTION OF SURFACE DRAINAGE 1(102430) = FINISHED GARAGE FLOOR ELEVATION (1024.63) = TOP OF FOUNDATION ELEVATION (GARAGE) (1027.13) = TOP OF FOUNDATION ELEVATION (HOUSE) (1019.13) = BASEMENT FLOOR ELEVATION 000.0 = DENOTES VEPJYUD AS -BUILT ELEVATION ADDRESS: 960 CARVER BEACH ROAD BUYER: KING + DENOTES TREE LOCATED ON 01-24-13. 30" ASH 1028-4 LOT AREA: G,024 5Q. IT HOU5E AREA: 1,292 5Q. fT POPCH APEA: 60 5Q. fT EX15TINGCONCPETE AREA: 775Q. IT (f'POPO5IfD745Q.fT.) EX15TING BITUMINOU5 AREA: 4 19 5Q. ff (PROP05ED 424 5Q. fT.) TOTAL IMPERVIOUS AREA: 1,848 SQ. FT. 30.7% (PROPOSED 1,850 SQ.FT. (30.7%) TOTAL IMPERIOUS AREA ALLOWED: 1,855 SQ. FT. (30.8%) SCALE : 1" = 20' Legal Description: LOTS 998-1000, CARVER BEACH CARVER COUNTY, MINNESOTA CONSULTING ENGINM ROBIE PLANNERS wd LAND OMPRNY, INC. FINAL GRADE AS -BUILT SURVEY NOTE: ALL LOT IRON MONUMENTS IN PLACE AS OF 6-3-14 027.0 fc) IF F1 EX15TING I LOT MAJN FLOCVOU5E 1027.4X 1029.21 998 11027.5 (1025.8) r� 11025.V-' 0 -IMP W1 1026.8x .1028.4 X C) 1025.8>CP 0 V) x --,1025.0 10.00 W.W. 1021.54 S89048'15'W 1027.8 60.06 X FD IF 1027.7 7128� OT (1027.7) C 9 9XI027.61 00j (1025, GARAGE 0 2.5'DROP 1024.2X 1024 * 2X �X 1024.2 126.1 8'-- 025.6 1023.4 v K1025.8 026' CAT_ (10266� 0 )26-- .1025.9 (N 5 T E, iP K1025.8 .37.00 1021 A C4 1021'1.8 1021.8) 10 22.1 EX15TING EKV 7x HOU5f- 6,6 N CR GARAGE 0 2.5'DROP 1024.2X 1024 * 2X x 1024.2 10,23.9 10124.2 1023.4 X1022.7 1023.BX X X1023.4 0 5 T E, iP FD 1021 A 1021'1.8 1021.8) 10 22.1 yinpl a EKV 7x 1890 8 00"E eA EX15TING :0 3: GARAGE N_ r mn GAP, f LP J 025 73 C� 0 L z kRVER BEACQ ROA� a 5ANMtl 81 PVC 10 19.55 18* DIP REVISED 02-04-14 REVISED PROPOSED ELEVATIONS AND ADD LOCATED TREES TO LEGEND. REVISED 6-6-14 FINAL GRADE AS BUILT REVISED 6-10-14 PER CITY COMMENTS & AS-BUILTED SWALES MAN I'LOOP 1026.94 qj� S �5P_ 755��* i+ 9 A L U 10 "k _1 CITY Of: CHANHASSEN RWEIVED JUN 1 1 ?014 gNQWEEfflWG DEPT. SCANNED I hereby certify that this is a true and correct representation of a tract as shown and described hereon. As prepared by me this 27TH day of JANUARY, 2014. ' ILAOXP to- Zdn� Minn. Reg. No. 19086 RUSSELL P. DAMLO �O�23.5 X1023.7 X1022.7 5 T E, iP 1021 A kRVER BEACQ ROA� a 5ANMtl 81 PVC 10 19.55 18* DIP REVISED 02-04-14 REVISED PROPOSED ELEVATIONS AND ADD LOCATED TREES TO LEGEND. REVISED 6-6-14 FINAL GRADE AS BUILT REVISED 6-10-14 PER CITY COMMENTS & AS-BUILTED SWALES MAN I'LOOP 1026.94 qj� S �5P_ 755��* i+ 9 A L U 10 "k _1 CITY Of: CHANHASSEN RWEIVED JUN 1 1 ?014 gNQWEEfflWG DEPT. SCANNED I hereby certify that this is a true and correct representation of a tract as shown and described hereon. As prepared by me this 27TH day of JANUARY, 2014. ' ILAOXP to- Zdn� Minn. Reg. No. 19086 RUSSELL P. DAMLO