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CAS-23_CHRISTOPHE AND NADINE BECK VARIANCE REQUESTThomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knctsch Joel J. Jamnik Andrea McDowell Pochler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Cynthia R. Kirchoff Marguerite M. McCarron 1380 Corporate Center Curve Suite 317 - Eagan, MN 55121 651-452-SOOO Fax 651-452-5550 www.ck-12w.com 0 0 CAMPBELL KNUTSON Professional Association Dima Dial. (651) 234-6222 E-mai/Address: snelson@ck-law.com April 20, 2009 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN —MISC. RECORDED DOCUMENTS > Variance #08-23—Christophe Beck Property at 6250 Ridge Road (Part of Sections 1&2, Township 116, Range 23) Enclosed for the City's files please find original recorded Variance #08-23 for a 56 square foot detached accessory structure variance for the construction of a 250 square foot water oriented structure on the above property. The variance was recorded with Carver County on February 9, 2009 as Torrens Document No. T 16946 1. Regards, CAMPBELL KNUTSON Professional Association SRN:ms Sks-an —R.Nelson, Iegal�Assistant Enclosure I 0 0 CARVER COUNITY BECORDERMEGISTRAB OF TITLES DOCUMENT COVER PAGE Document No. OFFICE OF THE REGISTRAR OF TITLES T 169461 CARVER COUNTY, MINNESOTA Receipt # Cert # 33390 Feei $46 00 Certified Recorded on 2/9/2009 169461 111111111111111 DOCUMENT TITLE: DOCUMENT DATE: NAMES: at 02:00 DAM WPM Earl W. Hanson, Jr. Registrar of Titles -6- C 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 08-23 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Planning Commission approves Planning Case #08-23 for a 56 square -foot detached accessory structure variance for the construction of a 250 square -foot water -oriented structure, and denies the bluff setback and water -oriented accessory structure size limitation variance requests on property located at 6250 Ridge Road. The decision was not appealed to the City Council pursuant to Section 20-29(d); therefore, the granting of the variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as shown on the attached Exhibit A. 3. Conditions. The variance approval is subject to the following conditions: a. The combined square footage of the water -oriented accessory structure (shed/deck) may not exceed 250 square feet; b. A building or zoning permit must be applied for and approved prior to completion of the water -oriented structure to ensure compliance with City Code. c. The applicant and staff will work out a re -vegetation plan for the clear-cut area to meet the approval of staff. 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: January 6, 2009 0 0 CITY OF CHANHASSEN 14V (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER Thomas A. Furlong, Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me thio4qday of 2009 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhalsen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. (JOTAk* PUBLIC 12 4KAREN J. ENGELHARDT ,'Notary Public -Minnesota emy G�Wsm Fxpim Jan 31,2010 1 . == DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 EXHIBIT A LEGAL DESCRIPTION: 0 The following described land situated in the County of Carver and State of Nfinnesota: Tract 1: Thal foll, par' of Sections 1 and 2, Township 116, Range 23, described as ws. . Beginning at a point in the East line of Section 2, Township 116, Range 23, distant 472.00 feet South of the Northeast corner of said Section 2; thence North along the East line of said Section 2 a distance of 97.00 feet; thence Northeasterly on a tangential curve to the A ht with a radius of 65.55 feet a distance of 47.76 feet; thence North Til degrees 45 minutes East on a line tangent to said last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet a distance of 37.24 feet to a point which is the actual point of beginning of the tract of land to be described; last described curve being hereinafter designated and referred to as "Line A"; thence North 79 degrees 45 minutes West 250.02 feet; thence at right angle northeasterly 10 feet; thence at a right angle Southeasterly to the intersection of said line with the Northerly extension of aforesaid "Line A"; thence Southerly along said extension to the point of beginning. Tract 2: That part of Section 1 and 2, Township 116, Range 23 described as follows: Beginning at a point in the East line of Section 2 distant 472 feet South of the Northeast corner of said Section 2; thence North along the East Line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet, a distance of 37.24 feet; thence North 79 degrees 45 minutes West 330 feet, more or less, to the shore of Christmas Lake; thence Southwesterly along the shore of said Lake 150 feet to an intersection with a line bearing North 63 degrees 22 minutes West 326 feet, more or less from point of beginning; thence South 63 degrees 22 minutes East 326 feet, more or less to the point of beginning, excepting therefrom the following described premises, to -wit: That part of Sections 1 and 2, Townshij) 116, Range 23, described as follows: Commencing at a point in the East Line of Section 2, distant 472 feet South of the Northeast corner of Section 2; thence North along the East tine of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 33 feet to the point of beginning; thence Southwesterly along said curve to said East line of Section 2; thence South along said East Line of Section 2, a distance of 97 feet; thence North 63 degrees 22 minutes West 326 feet, more or less, to the shore of Christmas Lake; thence Northeasterly along the shore of said lake to the intersection with a line bearing North 72 degrees 10 minutes 39 seconds West from the point of beginning, thence South 72 degrees 10 minutes 39 seconds East to the point of beginning. 3 LI Excep *;g therefrom that portion, if any, which lies below the natural ordg� low water mark, the State of Minnesota being the owner of an of said portion, if any, lying below the natural ordinary low water mark, it being recognized that said lake is a navigable public body of water, provided, however, that the applicants shall have the usual riparian rights that attach to land riparian to navigable public bodies of water incident to the ownership thereof. For the purposes of the descriptions of the above two tracts, the East Line of said Section 2, Township 116, Range 23, is assumed to be a due North and South line. According to the Government Survey thereof. rd CITY OF CHANHASSET 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 [I Shop drawings El Copy of letter LETTER OF TASIMITTAL DATE 2/3/09 Sue Nelson Document Recordi 0 Attached El Under separate cover via the following items: El Prints El Plans E] Samples E] Specifications El Change Order El Pay Request El - COPIES DATE NO. DESCRIPTION 1 1/6/09 08-23 Beck Variance (6250 Ridge Road) El FORBIDS DUE For Recording E] PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: 0 For approval Ej For your use 0 As requested El For review and comment El FORBIDS DUE REMARKS COPY TO: Christophe & Nadine Beck copies for approval copies for distribution corrected prints SCANNED N enclosures are not as noted, kindly notify us at once. Approved as submitted El Resubmit Approved as noted El Submit E] Returned for corrections El Return E For Recording E] PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints SCANNED N enclosures are not as noted, kindly notify us at once. 460 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 08-23 1. Perinit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Planning Commission approves Planning Case #08-23 for a 56 square -foot detached accessory structure variance for the construction of a 250 square -foot water -oriented structure, and denies the bluff setback and water -oriented accessory structure size limitation variance requests on property located at 6250 Ridge Road. The decision was not appealed to the City Council pursuant to Section 20-29(d); therefore, the granting of the variance is final. 2. Pr . The variance is for property situated in the City of Chanhassen, Carver County, Mnnesota, and legally described as shown on the attached Exhibit A. 3. Conditions. The variance approval is subject to the following conditions: a. The combined square footage of the water -oriented accessory structure (shed/deck) may not exceed 250 square feet; b. A building or zoning permit must be applied for and approved prior to completion of the water -oriented structure to ensure compliance with City Code. c. The applicant and staff will work out a re -vegetation plan for the clear-cut area to meet the approval of staff. 4. Law. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: January 6, 2009 go (SEAL) STATE OF MWNESOTA ) (ss COUNTY OF CARVER 00 CITY OF CRANRASSEN VW Thomas A. Furlong, Z�� AND: Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this.;-NAdayofAd�A�� 2009 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhalsen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 2 6 MIAMI 01 Ma W-37-'F� aKAREN J. ENGELHARDT wIF NotarY Pubfic-Minnna J. 10 *0 LEGAL DESCRUMON: EXHIBIT A 00 The following described land situated in the County of Carver and State of Nfinnesota: Tractl: That part of Sections I and 2, Township 116, Range 23, described as follows: Beginning at a point in the East line of Section 2, Township 116, Range 23, distant 472.00 feet South of the Northeast comer of said Section 2; thence North along the East line of said Section 2 a distance of 97.00 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to said last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet a distance of 37.24 feet to a point which is the actual point of beginning of the tract of land to be described; last described curve being hereinafter designated and referred to as "Line A"; thence North 79 degrees 45 minutes West 250.02 feet; thence at right angle northeasterly 10 feet; thence at a right angle Southeasterly to the intersection of said line with the Northerly extension of aforesaid "Line A"; thence Southerly along said extension to the point of beginning. Tract 2: That part of Section 1 and 2, Township 116, Range 23 described as follows: Beginning at a point in the East line of Section 2 distant 472 feet South of the Northeast comer of said Section 2; thence North along the East Une of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 47.76 feet; thence North 41 degrees 45 rninutes East on a line tangent to last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet, a distance of37.24 feet; thence North 79 degrees 45 minutes West 330 feet, more or less, to the shore of Christmas Lake; thence Southwesterly along the shore of said Lake 150 feet to an intersection with a line bearing north 63 degrees 22 minutes West 326 feet, more or less from point of beginning; thence South 63 degrees 22 minutes East 326 feet, more or less to the point of beginning, excepting therefrom the following described premises, to —wit: That part of Sections I and 2, Township 116, Range 23, described as follows: Commencing at a point in the East Line of Section 2, distant 472 feet South of the Northeast comer of Section 2; thence North along the East line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 33 feet to the point of beginning; thence Southwesterly along said curve to said East line of Section 2; thence South along said East Line of Section 2, a distance of 97 feet; thence North 63 degrees 22 minutes West 326 feet, more or less, to the shore of Christmas lake; thence Northeasterly along the shore of said lake to the intersection with a line bearing north 72 degrees 10 minutes 39 seconds West from the point of beginning, thence South 72 degrees 10 minutes 39 seconds East to the point of beginning. Excepting therefrom that portion, if any, which lies below the natural ordinary low water mark, the State of Mnnesota being the owner of all of said portion, if any, lying below the natural ordinary low water mark, it being recognized that said lake is a navigable public body of water, provided, however, that the applicants shall have the usual riparian rights that attach to land riparian to navigable public bodies of water incident to the ownership thereof. For the purposes of the descriptions of the above two tracts, the East Line of said Section 2, Township 116, Range 23, is assumed to be a due North and South line. According to the Government survey thereof. Planning & The variance is valid for one year from the approval date. A building permit must Natural Resources be applied for prior to January 6, 2010 through the City's building department. If Phone: 952.227.1130 Fax: 952.227.1110 you have any questions, please contact me at 952-227-1132 or by email at aauseth@ci.chanhassen.mn.us. Pubk Works Off 60 1591 Park Road January 13, 2009 CITY OF CHMNSEN Cluistophe and Nadine Beck Senior Genteir 6250 Ridge Road 7700 Market Boulevard Chanhassen, NIN 55317 PC Box 147 Chanhassen, MN 55317 c: Jerry Mohn, Building Official Web Site Re: Variance for the Construction of a Water -Oriented Accessory wwwrd.chanhassen.mn.us Structure — Planning Case #08-23 Administration gAplan\2008 planning ca�\08-23 b�k varianceMetter of approval.doc Phone: 952.227.1100 Dear Mr. and Mrs. Beck: Fax: 952.227.1110 This letter is to formally notify you that on January 6, 2009, the Chanhassen Builifing Inspections Pkine: 952.227.1180 Planning Commission voted unanimously to approve the following motion: Fax: 952.227.1190 "Me Planning Commission approves Planning Case #08-23 for a 56 square -foot Engineering detached accessory structure variance for the construction of a 250 square -foot Phone: 952.227.1160 water -oriented structure, and denies the bluff setback and water -oriented Fax: 952,227.1170 accessory structure size limitation variance requests on property located at 6250 Finance Ridge Road, and adoption of the Findings of Fact with the following conditions: Phone: 952.227.1140 Fax: 952.227.1110 1 . The combined square footage of the water -oriented accessory structure (shed/deck) may not exceed 250 square feet; Park & Romfilln Phone: 952.227.1120 2. A building or zoning permit must be applied for and approved prior to Fax:952.227.1110 completion of the water -oriented structure to ensure compliance with City Reclutioll Gmter Code. 23100oulbeirkilevand Phone: 952,227.1400 3. The applicant and staff will work out a rr-vegetation plan for the clear-cut Fax: 952.227 1404 area to meet the approval of staff. " Planning & The variance is valid for one year from the approval date. A building permit must Natural Resources be applied for prior to January 6, 2010 through the City's building department. If Phone: 952.227.1130 Fax: 952.227.1110 you have any questions, please contact me at 952-227-1132 or by email at aauseth@ci.chanhassen.mn.us. Pubk Works 1591 Park Road Sincerely, Phone: 952.227.1300 Fax: 952.227.1310 Angie Auseth Senior Genteir Phone: 952.227.1125 Planner I Fax:952.227.1110 c: Jerry Mohn, Building Official Web Site Building Permit File wwwrd.chanhassen.mn.us gAplan\2008 planning ca�\08-23 b�k varianceMetter of approval.doc SCAUNED Chanhassen is a Community for Life - Pnoviding forTodayand Planning for Tomorrow 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Christophe and Nadine Beck for a bluff setback variance, a water -oriented accessory structure size variance and a detached accessory structure variance for the construction of a 480 square -foot water -oriented structure (shed/deck) in the Single -Family Residential (RSF) District — Planning Case No. 08-23. On January 6, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Christophe and Nadine Beck for an 11 -foot bluff setback from the 30 -foot bluff setback, a 230 square -foot water -oriented accessory structure variance from the 250 square -foot maximum, and a 286 square -foot detached accessory structure variance from the 1,000 square -foot maximum for the construction of a 480 square -foot water oriented structure (shed/deck) at 6250 Ridge Road, located in the Single Family Residential District (RSF). The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2 — 4 units per acre). 3. The legal description of the property is shown in the attached Exhibit A. 4. 'Me Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter does not cause an undue hardship. While, the applicant currently has reasonable use of the property including a single-family home, an attached two car garage and a detached two car garage, the City code allows for a water oriented accessory structure of 250 square feet to provide reasonable use of the shoreland. A 250 square foot water oriented structure can be constructed within the setbacks restrictions of the property. The limitation of the 1,000 square foot detached accessory o S -'�)3 SCANNED .1 0 0 structure is to preclude home occupations from being run out of them. The 56 square foot variance is not for a single structure to exceed the 1,000 square foot maximum size limitation, which rnmimizes the risk of a business being run out of either of the structures. The garage is located near Ridge Road, the east side of the property and the proposed structure is located near the lake on the west side of the property. The applicant wishes to better utilize the lakeshore with an open deck as well as provide storage for water oriented equipment. A 250 square foot water oriented accessory stnicture is a reasonable request as it is permitted by City Code. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are applicable to all residential riparian properties. City Code allows for a 250 square foot water oriented structure. This structure can be constructed within the setback requirement as outlined in the city code and therefore, is a reasonable request. The detached accessory structure limitation was adopted to avoid home occupations within detached accessory structures. The existing two car garage is located near the street frontage while the water oriented structure is located near the lake. The water oriented accessory structure allows the homeowner to better utilize the lakeshore. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the request is not based on the desire to increase the value of the home. The property owner's intent is to have a storage area for water -oriented equipment and an attached deck for entertaining. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The applicant has reasonable use of the property which contains a single-family home with an attached two -car garage and a detached two -car garage. The proposed stnicture includes an 80 square foot shed and 170 square foot open deck, which is allowed as part of the Shoreland Management District and is a reasonable request. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The addition of any structure near the lake may have an impact. However, the size of the structure is consistent with City Code and DNR regulations and can be constructed within the setback requirements. These regulations apply to all riparian lots within the city limits, to allow for storage and utilization of property near the lake. A 250 square foot water oriented accessory structure is a reasonable request as it meets the guidelines of the City Code and DNR regulations. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values 0) within the neighborhood. Finding: The proposed shed/deck will not impair an adequate supply of light or air to the adjacent pruperty or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or diminish property values within the neighborhood, since it complies with all the required setbacks. The planning report #08-23, dated January 6, 2009, prepared by Angie Auseth, et al, is incorporated herein. CONCLUSION The Planning Commission determined that the 480 square foot water -oriented structure was unreasonable and that the variance requests for the setback would impair the integrity of the bluff. A 250 square foot water -oriented structure is permitted by City Code to provide adequate storage and use of the shoreland. The Planning Commission concluded that a 250 square foot structure was a reasonable request and could be constructed within the required setbacks as outlined in City Code. Therefore, Planning Commission denied the bluff setback and the water oriented accessory structure size variance and approved a 56 square foot variance from the 1, 000 square foot limitation for detached accessory structures. ACTION "The Planning Commission approves Planning Case #08-23 for a 56 square foot detached accessory structure variance for the construction of a 250 square -foot water -oriented structure and denies the bluff setback and water oriented accessory structure size limitation variance requests on property legally described in the attached Exhibit A, based on these findings of fact." ADOPTED by the Chanhassen Planning Commissiqp on this 6th day of January, 2009. Its Chair GAPLAN\2008 Planning Cases\08-23 Beck Variance\1-6-09 Findings of Fact REVISED.doc 00 00 049 -1 10-) '� Planning Commission - January 6, 2009 23. 'Me existing drainage and utility easements and abandoned utilities must be labeled on the plan sheet. 24. The utility plan must include a note regarding the connection to the existing storm sewer." All voted in favor and the motion carried unanimously with a vote of 4 to 0. Laufenburger moved, Larson seconded that the Planning Commission recommends that the City Council approves a conditional use permit for outdoor storage, subject to the following condition: 1. The proposed development must comply with the approved site plan, plans prepared by Oertel Architects and the City of Chanhassen, dated 12/05/08. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: BECK VARLANCE: REOUEST FOR VARIANCES FROM THE BLUFF SETBACK, SIZE LEW[TATION OF A WATER OREENTED STRUCTURE, AND SIZE UMITATION FOR DETACHED ACCESSORY STRUCTURE(S) FOR THE CONSTRUCTION OF A SUED AND DECK ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF), LOCATED AT 6250 REDGE ROAD. APPLICANT/OWNER: CMUSTOPHE AND NADINE BECK PLANNING CASE 08-23. Public Present: Name Address Nadine Beck 6250 Ridge Road Jens Midthun 6225 Ridge Road Tara and Deana Wetzel 6260 Ridge Road Angie Auseth presented the staff report on this item. Papke: Mark, we'll start with you. Undestad: I just have one. You say when somebody went out there in October and issued the stop work and they elected to finish the deck and things that were out there now and apply for the variance?- Auseth: The deck and the shed are as is when we went out there. Laufenburger: Thank you staff. Could you just go into a little finiher explanation about the 30% coverage removal and why, if they chose to remove a tree, that would be in violation. Can you just explain that a little bit more for me please. 9 SCAN14ED 00 0* Planning Commission - January 6, 2009 Auseth: I'll defer that over to Terry Jeffery. Laufenburger: Okay. You understand my question? Jeffery: Yeah. As Ms. Auseth pointed out earlier, yeah actually that slide that you have is probably more... At some point, and in all likelihood prior to the Beck's assuming ownership of this property, this area that you see on the slide was cleared. Which is already over the 30% allowed by code. Laufenburger: So more is cleared than is allowed by code? Jeffery: Correct. Laufenburger: Okay. Jeffery: So really what you'd be doing is extending, you'd be further increasing that which is already in violation. Laufenburger: Which is already over 30% which is allowed. Okay. So the presence of the tree actually is a good thing? Jeffery: Yes. Laufenburger: It provides vegetation and cover. Jeffery: Very much so, and as Ms. Auseth pointed out, and Ms. Beck had mentioned to me in the past, it was her desire to save that tree. Laufenburger: Okay. As far as you know, is that still her desire? Jeffery: To the best of my knowledge, yes. That was the conversation that she had today. Laufenburger: That was my only question. Thanks. Larson: I've got a question in regard to, if you could go back a couple slides. This one, okay. Where this encroachment is on the neighbor's yard. Is this an existing building already? Or is this. Auseth: A different neighbor had called about this structure being built outlined in red. Larson: Right. Auseth: So when they called it was over the property line. Larson: But it's not currently there now? It is there? 10 00 00 Planning Commission - January 6, 2009 Auseth: It is until after this meeting and then. Larson: Okay. So what you guys are proposing, or they are proposing is to move that structure over to where it's you know. Okay, so where the slash marks are is where it is now and the proposed is to move it. Auseth: Correct. Larson: Okay. That was really my only question. Papke: Thank you. I just have one question, and it's probably for Mr. Jeffery. Could you just refresh all of our memories why it's so important to stay away from the toe of the bluff. What is the justification for that? 'Me lake frontage is there. Everybody knows you've got to stay away from the lake but why is it so important to stay away from the bottom of the blufl?. Jeffery: Chairman Papke, we actually a discussion of this in-house and, choose my words carefully. Under die, if you want to call it the sonar rules, Department of Natural Resources Shoreland Rules. They are the ones that set the bluff setbacks from the side, top and toe of slope. And it is just set to be 30 feet either way. The justification with the toe of slope, as best I can figure is to prevent that person who is doing activities at the toe of slope from undermining that slope, thereby creating an unstable toe of that slope. Papke: So would that be exacerbated by the loss of vegetation at the bottom of the slope there as well or is that compounding the situation? Jeffery: That would be a fair assumption, yes. That would compound the situation, because you lose that which is creating the stability of that slope area. You know in fairness it, 30 feet could be seen as being a little more than is necessary but at the same time that is what the state rules are. That's what the state guidelines are and our shoreland ordinances are approved by the state... Papke: Very good. Thank you. Okay. We have no more questions from staff. Do we have an applicant? Step up to the podium and state your name and address for the record. Nadine Beck: Good evening. My name is Nadine Beck. I'm coming from Switzerland. Raised and bom in Switzerland. We bought the house at Ridge Road, 6250 in April, 2007. When we came for a visit for one week from Switzerland to find our new home, our new life here in Chanhassen. By the time then we didn't know what a wonderful property we were about to acquire. We are all very sports orientated. We love water skiing. We love swimming and we love the life on the lake. When we bought the house it was in a very good shape. Only the lake area was in kind of a desperate situation, exactly there where we now build that shed and deck. There were lots of waste like an old deck. An old door. Glass bottles. Just lots of waste. Piles of waste. Nobody seemed to mind. Nobody complained that. As I wanted to have the property in a nice, as I wanted the property to be nice and tidy as the properties left and right and all around Christmas Lake. I started to clear the area and what was left was kind of a waste area. There were no plants. There were no trees. Well no, there were big trees but no vegetation I I 00 Planning Commission - January 6, 2009 whatsoever so I waited and just wanted to see what would happen to the open space and all that grew were like weeds and blackberries and just, we couldn't use the area anymore. So I started to pull and I started to take away these plants. Trying to sow grass. Unfortunately I was very unlucky with the project. So we looked around the lake and we saw a lot of different possibilities. What other owners did to their lakeshore property and we did talk to a landscaper what he would suggest to do. Unfortimately he didn't come up with a like reasonable solution and so we thought best idea would be a deck and a shed so we could at least walk on the property, or on a part of the property and make use of it. Well, it is a funny situation to be here to saying not knowing is an excuse. It is not. We assumed that a removable and, removable shed and deck would be allowed to build without allowance of the city. We did talk to several people around the lake and that was the information we got, and it does correspond with the law in Switzerland so it did make sense to me and when I talked to the builder we decided to make a floating, removable deck and shed so the vegetation would not be, how I say, well it could still grow and you would not harm the land. Saying to that the deck and shed are too close to the neighbor. Of course when we found out that we did not respect the 10 feet, we agreed to move. 'Mere is a fence between two properties. It is a green plastic fence, and talking to the neighbors I've asked who's fence it was and kind, they said it was the pre -owners fence because he wanted the dogs to walk between the two properties and we assumed it was the property line because I could not see why the pre -owners would set up a fence in the neighbor's property. And this was the mistake that was done by not respecting the distance to the neighbor's property. We did try to respect the 10 feet to the water, but we measured to the water and not to the high water level line, and we did not know about the bluff. That you had to respect the bluff. Well, that's about all I have to say. And so when a project goes amiss, I think everything goes amiss. I think Mr. Jeffery and I had quite a couple of good talks together. Papke: Okay. Questions. Larson: So you're okay with moving this over? Nadine Beck: Of course. I would not build on the neighbor's property. I mean. Larson: Right. Now that you know I would be mortified myself So have you taken into consideration the smaller deck that the city has proposed? Is that something that, I understand you want to he able to use as much of the area as possible. Nadine Beck: Of course you want to use as much of the area as possible. Talking to Mr. Jeffery and Ms. Aanenson, we wanted to go for the bigger deck if it would be possible because it just gives you the possibility to like have a chair and sit down with friends and have a nice evening and maybe have, grill whereas the smaller deck, there's nothing you can do with it. I mean you can have it but it doesn't add anything to your outdoor fife. Larson: Right. Does the property, or the house up above, does it have some sort of a deck or area where you can? Nadine Beck: We have a porch. 12 00 00 Planning Commission - January 6, 2009 Larson: A porch? Nadine Beck: A porch. That is like narrow and it's too small to put out a table on. Larson: Okay. And then this building, does it have any, is it just an empty building?. Does it have? Nadine Beck: The small building? Larson: Yes. Nadine Beck: The shed? Larson: The shed. Nadine Beck: The shed is just empty for toys and water. Larson: So it's just a storage shed? Nadine Beck: It's just storage and we actually wanted to like rebuild the main house just in the same style. It's not finished now so you can't see. Larson: Oh okay. Alright, very good. That's all I have. Thank you. Laufenburger: I have no questions. Undestad: Just on what the city proposed there for the smaller deck. Can you, I mean is there room to expand that a little bit in a couple directions and still get the clearances on there? Nadine Beck: Well what we also could do, what I heard today first time is the thing about the 30%. That there are not enough trees and we could around we can plant trees so there are more trees. Again to, I don't mind. I don't mind trees. I mean I just wanted to be able to use the area so if it helps we can also plant a couple trees around the deck, or going to block whatever... Undestad: What is, can you tell Terry, what is the brown circle up on the bluff line there just north of the deck, orjust above the deck? Is that a tree on there? Jeffery. That's a great question for Angie. This thing? Auseth: It's another tree. Undestad: 'Mat is another tree? Okay. Nadine Beck: Well there are many other trces there. They're not the two only trees. Papke: Anything else Mark? 13 00 00 Planning Commission - January 6,2009 Undestad: No. Papke: Okay, thank you. Denny? Laufenburger: Ms. Beck, welcome to the United States. Nadine Beck: Oh, thank you. Laufenburger: We're happy to have you here. Nadine Beck: Well yeah, you can say what... I just wanted to say I can see you're all European some time ago. Laufenburger: Yeah, Black Forest area for me. Ms. Beck, did you build the home and the? Nadine Beck: No. We bought the home as it was. Laufenburger: Okay. Nadine Beck: And really the only thing that was not like beautifid and perfect was that lake area and so we just tried to adapt the lake area to the rest of the property. Laufenburger: The other question I had, you said that you consulted with some landscape people had made some recommendations. Did they at any time suggest that you talk with the city of Chanhassen to see if there was any code? Nadine Beck: No. No. And we had some, Mr. Jeffery's already explained, we had plans from the pre -owners and there were like major constructions on there so I didn't know whether they run out of money and didn't do it or it was just a plan or whether they had the allowance to it. I had no idea. I didn't ask. Latifenburger: Okay. Papke: Okay, I just have one question for you. So the city has proposed the plan we see on the right up here, which moves the shed and the deck into the very small area you have between the OHW setback and the bluff setback. is your main objection to what the city is proposin& is it simply the size of the deck because your proposal also shows the shed back in the bluff setback here. Do you have any issues with moving the shed out to where the city is proposing.? Nadine Beck: No. No, not at all. Papke: Okay. So the major issue for you is the size of the deck and that's it? Nadine Beck: Yeah. it would just be a nice size deck where you can have, that you can use. 14 00 00 Planning Commission - January 6, 2009 Papke: Okay. I just wanted to make sure I understand what your major issue is. Nadine Beck: We said I could become like engineer or something after drawing all these things. I'm getting there. Papke: Any other questions for the applicant? Okay, thank you very much. Nadine Beck: Thank you. Papke: Okay, at this time we'll open up the hearing to the public so if anybody sitting in the audience today would like to comment on this case, if you'd step up to the podium and give us your name and address and tell us what you think. We'd like to hear from you. Jens Midthun: Hello everyone and thank you very much for having me. My name is Jens Midthun. I live at 6225 Ridge Road, which is the property on the shoreline directly to the north of the Beck property. As well as kind of encompasses the Beck property to the east property as well, and I've been a long time resident of Chanhassen, along with my family and I'm speaking on behalf of my family when we say that the only issue we ever had was with the 10 foot setback, and as long as that rule is followed, we're strongly in support of the granting of all variances requested by the Beck's. Just knowing how this property is. It's very similar to our's except our's is thinner and the bluff comes right down and then you've got the lakeshore and it's a long walk up and down. Some of our neighbors have put in trams to bring them up and down and you know if you want to play in the water, you know the Beck's have two small children. They've a very active water sports family. You know I'm I of 4. We're a very active family. You want to hang out by the lake. You want to be by the lake. You want to have friends over and have some chairs. Now I know we can sit in this room and say hey look, all we have to do is make the deck smaller and then we've easily followed all the rules, but you know we're talking about a deck that to the Beck family is a very big deal. You know that extra space is going to be space they use for a long time, and redly to anybody else, and I'm speaking as the person or group that would be most affected by this, we will be affected nothing. And the neighbors to the south, now that it's 10 feet back, will be affected none, and none of the other neighbors will be affected at all so you know I just wanted to come and say 1, myself and my family are strongly in support of the granting of these variances. Papke: Okay. Thank you very much. Just to comment on some of the things you said there. Just so you're aware that these, the setbacks for the bluff and the lake are not to protect the neighbors. It's to protect the lake. Jens h&dthun: Right, and. Papke: So I understand your concern. Jens Nfidthun: I'm just speaking on behalf of the neighbors. Papke: Sure. 15 00 00 Planning Commission - January 6, 2009 Jens Midthun: And you know, I can't say for certain but I can speculate that the reason this was filed in the first place was a sort of neighbor thing by a neighbor who would not be affected at all so on the neighborhood side of it. Papke: Thank you for speaking up. I appreciate it. Anybody else like to come up to the podium. I see a couple more people in the audience here. Anybody else? There we go. Tara Wetzel: Hi. My name is Tara Wetzel. Dena Wetzel: And I'm Dena Wetzel and we're the neighbors on the south. Our parents actually are the neighbors on the south and they're very old and my dad's recovering from treatment for prostate cancer and they just couldn't really make it here tonight so they asked us to come in. And we weren't even really going to say anything because we're just you know happy that the setback on the side is going to be honored and that definitely was very important to us. Tara Wetzel: But we also wanted to say that we are neighbors in that area as well and we know that Jens spoke for his family and we also wanted to get up and just mention that you know we obviously feel that for them we would never want to you know have them not ever have that space down there. I mean we have one. My father's lived at Christmas Lake now for. Dena Wetzel: Over 55 years he's been on that property. And my sister's going to live there after that. Tara Wetzel: Hopefully Dena Wetzel: We're hoping to span a whole hundred years. Tara Wetzel: We don't quite make the, whatever, but. Dena Wetzel: So we'd like to work out the property tax part. Tara Wetzel: So we'd like to stay there and keep that, and you know and I think that looking back on it, you know the Beck's really came into a situation where the prior owners clear cut the whole hill. They clear cut the whole lakeshore and that was a huge issue for my parents because it wasn't being addressed by the City Council and it got to the point where it really became an issue for our family because my mother stressed a lot about it. And so I think their biggest thing is they really want to feel that they're being justified in the sense that it's following the code and that people are being respectfid of that� and we do appreciate that you know it is moved back. I mean they didn't know. The green fence was our's. It was a dog. It's just a green little thing that I bought at Home Depot to keep our dogs off of their property, and going into their, they have a lawn and sand and the dogs like to go over there so we kept that up because the Brabeck's were not interested in having dogs over there. And so. Laufenburger: That was the previous owners, is that correct? 16 so Planning Commission - January 6, 2009 00 Tara Wetzel: Correct. And so we kept that up and that was our's, and I even said that I would take it down because it is ugly but it was serving it's purpose, you know. Dena Wetzel: The other neighbor hated dogs. Tara Wetzel: So. Dena Wetzel: And they like dogs and they're great neighbors because they don't, You know they're, we're all very tolerate. More tolerate... Tara Wetzel: And my children and their children play all the time. They have a great sandy beach and I mean we are welcome over there and their children are welcome over to our dock as well and so, but just we wanted to get up and just let you know that we are involved in this and we do feel that it's important and you know that they need to have a space down there too. It is beautiful space. I can understand why they want somewhere to put their things because we fill our's up with a lot of plastic things that our kids now tend to use, but we just wanted to let you know that it's, you know our parents wanted us to come and just be a present and let you know that they are there. They may not be here but they are concerned about it and they really feel that you know my dad spent years watering all the trees on Ridge Road during the droughts and he's been invested in that area for a long time and he really feels that we do need to make sure that we are holding to, so that the area, and as I said before, that the area I guess is kept in a natural state but you know the Beck's did come into a situation that had been clear cuffed and I don't know the erosion part coming down the hill I'm sure is also an issue for them but you know it's just, where's the fine line? You know we don't want any ill feelings because we do enjoy spending time with them and so we just wanted to. Dena Wetzel: We trust you guys to make the right decision. You know we. Tara Wetzel: And I think obviously you're talking and I drink that's what my parents would like to know that there is a discussion between them and you and something will be resolved. Dena Wetzel: Thanks. Tara Wetzel: Thank you. Papke: Thank you very much. Appreciate you coming tonight. Anybody else? Going once. Going twice. Before I close the public hearing I'd just like to make note that the city did receive several items of correspondence from some of the other neighbors in the area, and they were not as supportive as the folks who came to the meeting tonight. But just so, for the record here, we do take into account not only what's said during the public hearing but also the correspondence that we receive before the meeting, so we take that all into consideration. With that, if there's no one else who'd like to step up, I will close the public hearing and bring it back to the commission for discussion. We'll start with you. Aanenson: Mr. Chairman if I could just make one point Just something for you to think about through this process, which I drink caused some consternation up there and that was the clear 17 go 00 Planning Commission - January 6, 2009 cutting of that lot. Obviously I think that created some feelings out there for some of the neighbors on the lake and so whatever you're thinking about tonight for mitigation, I think that should be something that you may want to take into consideration. The re -vegetation. It sounds like Mrs. Beck is willing to do that. That might be something to take into consideration. Larson: Well, gosh I tell you, after reading all this and then having it all in person I'm getting a whole different perspective of what I got before I walked in here. The fact of the matter is, it was an accidental, and they're trying to make it right and I think one of the questions I think Mark was trying to get through, is there any possibility that they could go any larger on the deck around this thing or if this is the actual maximurn that we could do. Aanenson: Yeah, you'd have to grant a variance if you want to go bigger than that, and that's what I'm saying. If you're going that way, then I would certainly recommend mitigation for that would be some revegetation. Larson: Say that again. Aanenson: They're at the maximum for the deck that we're showing on here. I think it was 4, 3 feet. 4 additional feet. Larson: So mitigation. Aanenson: Compensation would be to allow the deck to go bigger you would recommend that they plant additional trees. Or whatever vegetation is recommended to help stabilize the slope for one, and I think that was some of the issues that some of the neighbors on the lake had concern with when that got clear cut. Larson: Well I would propose a friendly amendment then to see if the city would consider that, or you guys. If they were to plant, you know maybe you guys could set a certain amount of trees or a type of trees or whatever. I mean if, honestly I've got a deck that's the size that they're proposing and it's where we spend all of our surnmer. I love it. It's my favorite place. Every morning I go out and have my coffee. It's great. To knock that down to one halfjust really you know certainly would cut down on the enjoyment of it I think, and if the city would be willing to even consider that, I wish that had been written in here because. Aanenson: We can't consider that. That's you have the ability to grant the variance and that would be your decision, if you chose to recommend a variance. To go larger than Angie had shown on staff's recommendation. And if you wanted to grant a variance, so the only variance, you'd be granting one to go into the bluff setback and increasing the hard coverage. Just in the bluff. Just the accessory structure. You remember that was already a two story, I mean, excuse me. A separate garage. Laufenburger: The attached - 18 00 Planning Conunission - January 6, 2009 Aanenson: That was attached, so that's what was putting them towards the top so they've maximized the lot, so there's an issue that they only have so much square footage available. I'll let Angie speak to that. Auseth: According to code they can go up to 250 square feet for a water oriented accessory structure. Due to the detached garage they're limited to 190 square feet because they would go over that 1,000 square fect, so that would be the variance that you would be recommending. Aanenson: So looking at that language just to be clear again, the language would be for the variance for an accessory structure, you're allowing great than that and would it impact the bluff setback also? Undestad: Can I clarify? My comment on there was can they expand it and stay within the boundaries without going into the bluff. Aanenson: If they went longer. If they went longer instead of deeper. Undestad: Right. Aanenson: Correct. Laufenburger: But in order to do that the combined square footage of, I'll use the term detached, and it's the combined, the detached garage that's already in place, and like I said, they're not going to cut off any of that. Aanenson: No. Laufenburger: So that's going to remain in place. So the only amount that they can add is essentially about 190 square feet. Auseth: Right. Laufenburger: And whether it's a shed which goes vertical or a deck, it's, what you're looking at is how many square feet if you were looking down. Auseth: Correct. Aanenson: That's correct. Laufenburger: Okay. So I think if, I don't want to interpret this but I think what you were looking at is, could that orange area get bigger? Itcould. It would remain within the ordinary high water and the bluffs, those two setbacks. So that could get bigger and perhaps in exchange we could say okay, we would allow you to increase that by maybe another 100 square feet or 150 square feet in exchange for doing something to replace, or revegetate that which was clear cutted, which was done by apparently the previous owners. 19 Planning Conimission tain!ary 6,2009 00 Jeffery: Mr. Chairman, if I may. I think it's also important to note though that if we go over the 250 square foot allowed for an accessory water structure, now we're just entered into another variance so I think I would caution you to go beyond the 250 square feet that would be allowed for a water accessory structure. Laufenburger: So are you saying the shed and the deck is defined as the accessory water structure? Jeffery: Correct. And right now what is shown is 190 square feet. So they could go an additional 60 square feet. Just looking at that one portion of it. To answer, yeah. They could build it entirely within that allowed zoning. It would not encroach into the shoreland setback nor would it encroach in the bluff setback. It would become a much more linear feature than it is. But then we get back to the other variance which is total detached structures allowed on a property, and they only have 4 square feet. So you could, depending on how you want to go, you could say alright, we can give them a water accessory structure within the 250 square feet. No variance needed. We can get it outside the bluff setback. No variance needed. Outside shoreline, no variance needed. But no matter what you will need a variance for the total allowed, or not attached accessory structures. Auseth: 56 square feet. Undestad: And how big of an area do we say we had clear cut on there? Jeffery: Oh, yeah. It's substantial. I mean that would be, to work with the Beek's to come up with a mitigation plan that would not be an undue hardship to them for reforestation plan, but would still offer a definite benefi� I think that could easily be worked out. Yeah, it's a substantial area. Undestad: So if 1, the understanding is, the deck, you could only add 60 square feet onto that existing orange area right now. Jeffery- Correct. Undestad: And what that does is put them 56 square feet over the total package of detached structures. Auseth: Correct. Jeffery: Well said. Undestad: So is that 56... Larson: Is that a different meeting to get that variance? Aanenson: No. No, we can... There's a lot of rules in play here. But you have ... all the variances requested so whatever you know, we're trying to steer you in the direction to FTI 09 0* Planning Commission - January 6, 2009 minimize, I think what Mr. Jeffery is saying is that, we don't want to increase the accessory structure of the lake. It appears if you want to go that way, you're going to increase the square footage for accessory structures, but we don't want to increase it just for the water oriented. The 250. We want to keep that capped. Does that make sense? Undestad: So if we let them add the 60 feet on there, then we're talking about do we allow them 56 square foot overage on the detached and is that worth the trade off on some trees and. Aanenson: Correct. Exactly. That's kind of where we're al� yeah. Laufenburger: Then in that case, the only variance would be the variance on the detached. Square footage. Aancnson: That's correct. Papke: Mr. Jeffery, what is the best thing for Christmas Lake? Assuming these people are, you know they're going to have barbeques down there. Okay. Are we better off with them barbequing on a deck or barbequing on the ground? What's the best thing for the lake? Jeffery: Chairman Papke, that's a loaded question. Papke: I thought it was a pretty simple one actually. Jeffery- It is. It's a good question. It's one I've struggled with because a deck by definition is not hard cover. It's not impervious surface, but clearly it changes the drainage pattern in an area. It changes the way the rainfall falls. It changes the way it runs off. It changes the time it takes to get to the lake. So whenever you can minimize that hard surface, it's always got to be the preferred thing to do. Having said that� by definition a deck is not hard cover. We don't by our code call it a hard surface. And I think docks can be designed such that they will not, you know design it so it doesn't drain directly towards the lake. Put screening around it. If, to go back though then there's another thing. So if we had an open pit fire along the lake and we throw rock around it and we've now denuded all the vegetation in the area because we're walking around on that area, we're packing it down as we walk. We've burnt off all the vegetation. Is that a good desirable thing? No. Absolutely not. So in the sense that having a deck actually steers people to an area where they're no longer walking around the bluff area. They're no longer trampling vegetation. Yeah, I think it actually is in this case an environmentally sound thing to do. You know within limitations. Papke: Tbank you. That's what I was looking for. From my perspective, my big concern here is, when we break, when we start precedent. Laufenburger. Are we in closed? Papke: No, we're still just chatting here amongst friends. Laufenburger: Alright. 21 is* 00 Planning Commission - January 6, 2009 Papke: My concern with this one is the triple jeopardy that we're kind of stepping into with breaking three different precedents here. And as we all know lakeshore property in Chanhassen is notorious for people asking for such things, and this is one of the few variances for a lake front I've seen in a while where the applicant didn't say well, there's 5 other houses right up the lake that all had it. Why can't I have it? Nadine Beek: I could. Papke: So from that perspective I am, it makes me nervous to think that we're going to create more precedent for future such events, so I'd like the commissioners to take that into account when we deliberate on that. With that said, I want to do what's right for Christmas Lake. This is one of thejewels of Chanhassen and we should do what's right for the lake as well and for the homeowners. I certainly think the homeowner in play here, you know I had some concerns coming into the meeting that things were done in somewhat of a cavalier fashion and from what I've heard tonight I think it's simply a case of someone who's coming into a new culture and simply didn't understand the myriad of rules and regulations that unfortunately living on the lake entails in the United States. So, what do we want to do here? I will entertain a motion. Whatever that motion might be. Laufenburger: So are we closed now? Is this? Papke: Sure. Unless you want to say something else. Laufenburger: Well I'd like to express my views. I think that, like you, water property in Chanhassen, like Christmas Lake, that is, we have to protect that And the big picture is protected by making lots of small picture decisions so I consider this a, this is a big decision for the backs of those neighbors. Even though it's a small one, it still is a, you know we can start this protection with this one good step. I'm inclined to allow the variance on the detached by giving the property owner an opportunity to increase by 60 square feet on the deck. Remain within the area between the ordinary high water and the bluff setback in exchange for what the city would consider acceptable revegetation. Whether that's grass. Shrubbery. And I don't know where that should go. If you should go at the toe of the slope or if it should go closer to the water line but I would be inclined to do something like that. That's my inclination. Papke: If you're so inclined, then I suggest you make a motion to that effect. Laufenburger: So moved. Papke: Would you like to state formally for the record what you're proposing. Laufenburger: Mr. Chairman. Papke: Could you state which of the variances you'd like to allow and which ones you'd like to deny. Maybe if we start with them. 22 00 Planning Commission - January 6, 2009 00 Laufenburger: Let me just do a little bit of checking before I do that. Perhaps you want to get comments from others first. Undestad: I guess I'd just like to throw a comment in there. Papke: Sure, go ahead. Undestad: What we're looking at is 60 square feet. We're going to give up, you get another 1 1/2, 2 lawn chairs or something on there. You know I don't think that's going to get the Beck's what they're looking for on there. What that does though by us doing that then also opens up the variance and starts that, you know what about the next one and the next one. I think if it was more you know, and add 60 square feet onto the end of that deck out there, you know how much landscaping, how much revegetation can we say, abight. You need to put in, you know it doesn't make sense to make them spend $5,000 in trees for a 60 square foot deck. Aanenson: Well it's actually 250 total of surface coverage. Undestad: Of surface. But we're only giving them another 60 feet onto that deck. Down by the lake and that's what I understand what they're trying to accomplish there so. So I'm not sure we're really doing any good with that all. Papke: So are you saying you're in a mood to deny all of the variances, that would be your preference? Undestad: Yes. Papke: Debbie, you had some thoughts? Larson: Well you know you guys are talking about setting precedence. This is kind of a unique place, in my opinion. We're talking a property that was clear cut before they moved in. And the fact that they want to, you know revegetate or she's tried. She's put in an effort to do things and it just hasn't worked. And then the fact that if they want to do any kind of barbequing or having entertainment of people down there, basically saying that it would be better to have a deck there rather than having open space and people you know lighting fires on the grass and whatever. I am more inclined to allow a larger deck area even, you know so then we would go into the, what are we calling it? The accessory structure. Laufenburger: That would be the water. Aanenson: Water oriented. Let me just talk about that for a minute because Shorewood doesn't allow water oriented structures so those are some of the things that causes the consternation. The clear cutting aside really isn't affecting this. This side of the lake is very steep. As the neighbors have indicated, there are people that have lifts. You know it is steep. We recognize that. That's the choice on some of those lots to get that view up on top. So if we go above the 250, that becomes an issue for some of the people on the other side of the lake too because Shorewood doesn't allow the accessory structures. That's a DNR requirement which we've adopted. We do 23 0* 00 Planning Commission - January 6, 2009 allow that but that was some of the angst that you saw in some of the other letters too. So that was our concern in going above that for the 250. That could cause some issues so I'm just throwing that out to you so you understand the background of that, however you feel on that. Larson: Well you know when you say that will cause issues with another city. Aanenson: No, with other people on the lake. That's at 250. We don't have people that are above that 250 you know so you're giving somebody down there, because they're all in that situation with lifts going down there, to go above that. So I'm saying the clear cutting wasn't the issue with it. It's the square footage. Larson: Right. No, I understand that but you were talking about the mitigation with the adding of the trees and. Aanenson: Yeah, I don't know. That's if you choose to do that or not choose to do that, that's fine. Laufenburger: Are you saying that the city of Chanhassen has no regulations regarding clear cutting of land? Aanenson: No. That's not what I'm saying. Laufenburger: Do we have regulations regarding clear cutting of the land? Aanenson: Yes. Laufenburger: Okay. Papke: But we're not, we're not granting a variance for performing that action tonight. Larson: Right. Laufenburger: And clearly had the previous owners come to us and say we want to clear cut this. Aanenson: Or if somebody would have called us, we would have stopped it. Clear cutting happens and we're not always informed and aware of it until somebody calls. Laufenburger: To the comment earlier about the City Council not doing anything about it, we can only act on that which we know about. Aanenson: That's correct. Laufenburger: Yeah, okay. 24 00 0* Planning Commission - January 6, 2009 Papke: So for the purposes of our discussion tonight, the vegetation is a non -issue other than the fact that this area is more sensitive as a result of that clear cutting because of the increased propensity for erosion. Aanenson: That's correct. Papke: Okay. Larson: Do we knowwhat this path is made of? Oris itjust adirt path? Auseth: The steps? Aanenson: We can go back to this. Larson: Is it steps? Laufenburger: It's rock steps. Larson: Does that count towards the hard surface coverage? Auseth: It counts towards the hard surface coverage but it's not counted towards the detached accessory structure. Larson: Which is our issue. Ahight. Okay. Undestad: So one more question for staffi If we deny this, the way it sits, can they come back and talk to Terry and you and. Aanenson: Yes. Undestad: Possibly talk about doing some trading for some landscaping and revegetation. Aanenson: Sure. Sure, and the first approach would be they have the right to appeal. Anybody aggrieved of this decision has a right to appeal it so it would go to City Council, if that's the case. And so between then and now, whatever you recommend, if they still want to offer up some other solutions between when it goes to City Council, between your recommendation, when it goes to City Council, that something else can be offered up, which has happened before. Or the council could table it and ask them to work on it, or you could table it and ask them to work on some things. You have several choices. Papke: I would prefer not to table this one tonight I think we have plenty of information right here, I think to make a decision. Are you ready to make a motion Denny, or would anyone else like to jump the gun and go ahead and make one? Ready to roll? Laufenburger- I think I can in just a moment. 25 00 00 Planning Commission - January 6, 2009 Larson: Okay, we'll chit chat some more. Laufenburger: Go ahead Debbie. Larson: I really don't have anything else to say Jeffery: I would like to emphasize I think that many of the neighbors had pointed out tonight, I think it is really key when they said what we do on this micro scale affects the macro scale of this lake. Christmas Lake is unique in a number of ways but more than anything else in that it is considered within the seven county metro area to be one of, if not the nicest lakes in terms of water quality. Water clarity. Vegetative diversity. Plants species diversity so any small impact made on one lot that down the road affects down the lakeshore, then we end up with no longer having that phenomenal water body that we have. Papke: Which is why I asked you what was the right thing to do for the lake. That did not lead to a clear choice... Larson: Well if they hadn't had the accessory garage on the top of the hill, they could have done the whole thing how they would like to do it, correct? Papke: 250 accessory structure. Water accessory structure. Larson: Oh. Oh, A Papke: That's why we have the triple jeopardy problem. We have three variances that all have to be broken... Larson: So why isn't that part of an accessory structure? I'm just killing time here while he's writing. Auseth: It's defined in the code as part of the water oriented accessory structure. Larson: Okay. Jeffery: A structure that ... we've got a lake down there and we want to be by it and use it. Papke: This is going to be a heck of a motion, I can see it coming. Aanenson: Just to be clear Commissioner Laufenburger, you don't have to recommend denial. If you're just going to recommend approval on one issue, you only have to recommend that. You don't have to, and just say denial of the other requests. You don't have to be that specific on those if you don't, Laufenburger: Yeah, okay. Aanenson: If you're trying to do the math, that's all I was trying to say. Okay. 26 0* Planning Commission - January 6, 2009 0 0 Laufenburger: Yeah, okay. Mr. Chairman, I recommend the Chanhassen Planning Commission approve Planning Case #08-23 with variance for detached accessory structure variance for the construction of a 250 square foot water oriented structure located at 6250 Ridge Road with conditions I and 2 on page 9 of the staff report. Condition number I modified to read 250 square feet. And adoption of the attached Findings of Fact and action, plus. Or conditioned upon applicant providing revegetation of the clear cut area to meet approval of city plarming department. Papke: So just to be clear what your motion contains here. We are denying the bluff variance. Laufenburger: Correct. Papke: We are denying the water oriented accessory structure variance but we are allowing a variance on the detached accessory structure in amount of 60 feet. Laufenburger: 56 feet. We're exceeding the detached structure variance by 56 feet. Papke: Okay, I got it. Okay, is that clear to everyone? What we're proposing. Aanenson: Clarification on the motion, if does go forward, that we would reflect those changes also in the Findings of Fact. Papke: Yes. Is there a second for this motion? Larson: I'll second it. Papke: Does anybody have any amendments they'd like to propose? If not I will hear a vote. Laufenburger moved, Larson seconded that the Planning Commission approves Planning Case #08-23 for a 56 square foot detached accessory structure variance for the construction of a 250 square -foot water -oriented structure and denies the bluff setback and water oriented accessory structure size limitation variance requests on property, 6250 Ridge Road, and adoption of the Findings of Fact with the following conditions: 1. The combined square footage of the water -oriented accessory structure (shed/deck) may not exceed 250 square feet; 2. A building or zoning permit must be applied for and approved prior to completion of the water - oriented structure to ensure compliance with City Code. The applicant and staff will work out a re -vegetation plan for the clear cut area to meet the approval of staff. " All voted in favor and the motion carried unanimously with a vote of 4 to 0. 27 00 09 Planning Commission - January 6, 2009 Papke: Thank you very much. That was a difficult deliberation and a difficult motion and I think we carried it out with great dispatch. Thank you Denny for a difficult assignment. With that, that's the end of our public hearing items. APPROVE OF MINUTES: Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated December 2, 2008 as presented. Chairman Papke adjourned the Planning Commission meeting at 8:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 28 00 00 08-2-5 Auseth, Angie From: Aanenson, Kate Sent: Wednesday, January 07, 2009 9:16 AM To: Auseth, Angie; Planning Commission; Jeffery, Terry Subject: FW: Beck Variance on Christmas Lake - Planning Case 08-23 From: Whiteman, Jeremy [maIlto:Jeremy.Whfteman@adc.com1 Sent: Wednesday, January 07, 2009 8:23 AM To: Aanenson, Kate Subject: Beck Variance on Christmas Lake - Planning Case 08-23 Kate: Please share this email with the rest of the Planning commission and staff involved in the Beck Variance Request if you are able to. Also, if appropriate, please make this part of the public record regarding this variance request. I do realize this is coming in after the meeting last night, however I felt compelled to share my opinion after the hearing. My name is Jeremy Whiteman and I am part of the family that owns the property at 6240 Ridge Road. We are a couple of neighbors to the North of the Beck property. My family has owned this property since the mid 1960's. We have enjoyed the use of this property and consider ourselves stewards of the lake. Our lot is very similar to the Beck lot, in dimension, bluff consideration and shoreline. Since the initial building of our property, we have never removed a tree (unless dead), re -landscaped our yard, requested any deviation from code that is written to protect the lake. We have been able to enjoy the lake for well over 50 years without altering the landscape - tough grass and steep shoreline and all. That said, our property does have a structure on it that was built before current regulations existed. I was in attendance at the meeting last night, but choose not to address the committee. I applaud the Chair of the Planning Commission's (Kurt?) comments when at the conclusion of presentations he simply asked, "what is the best thing for the lake?" My only fear and concern is that any variance granted to any homeowner on the lake could potentially negatively impact the lake in any way. This could be a direct impact such as altering the shoreline, or an in -direct impact such as altering the bluff that keeps the hillside at bay from the lake. It takes only one major rain -storm to send an un -vegetated bluff running into the lake. It takes one faulty deck footing to have a portion of the shoreline destroyed. I have great concern that the issue of one variance will quickly snowball into the issuance of another variance, and another, and so on. These types of decisions could dramatically impact the viability of the lake as a recreational spot and the jewel of Chanhassen. That is a precedence that I hope the Planning Commission considers at great length before taking any further actions. Again, I wish to repeat that my only fear and chief concern is that any variance granted to any homeowner on the lake could potentially negatively impact the lake in any way. Like the Chair of the Commission requested last night, I too ask the Planning Commission and the City Council to consider first and foremost Hwhat is best for the take." My only opinion on the Beck Variance is that the Planning Commission consider the lake and only the lake when taking further actions. 6250 Ridge Road is a beautif ul lot, with a beautiful house and two car detached garage. The lot has amazing views of the lake, a nice shoreline similar to the one I enjoy and the lake -front is readily accessible in an as -is condition (prior to the current construction). Any further development should not come at the cost of the lake. Thank you for your time and consideration Jeremy Whiteman SCA14HED Auseth, Angie From: Auseth, Angie Sent: Monday, January 05, 2009 11:20 AM To: 'HENRY A+JR GRAEF' Subject: RE: Beck lakeshore property Christmas Lake 0 Thank you for your email, Ms. Graef. I will forward a copy to the Planning Commissioners as well as have copies available at the Planning Commission meeting on Tuesday, January 6, 2009. Please feel free to attend the meeting. Sincerely, Angie Angie Auseth Planner I City of Chanhassen 7700 Market Blvd Chanhassen, MN 55317 Direct dial: 952-227-1132 Fax: 952-227-1110 email: aauseth@ci.chanhassen.mn.us Website: www.ci.chanhassen.mn.us From: HENRY A+JR GRAEF [mailto:sharongraef@msn.com] Sent: Sunday, January 04, 2009 8:30 PM To: Auseth, Angie Subject: Beck lakeshore property Christmas Lake As a neighbor of the Beck lakeshore property, I question how these property owners can go ahead and ignore the city's regulation, get no permits and build a structure that does not follow the Chanhassen city ordinances. There is no obvious hardship to that property in following city requirements. There are set back dimensions and rules to follow for keeping lake property in accordance with surrounding properties. It seems extremely presumptuous to proceed with construction without permits and then request varinances that are not necessary. The neighborhood follows city requirements, they are not meant for some and not others. Thank you for your consideration of this letter. Sharon Graef Family cabin Christmad Lake 6240 Ridge Road Chanhassen Auseth, Angie From: Auseth, Angie Sent: Friday, January 02, 2009 2:19 PM To: 'GORDON JR WHITEMAN' Subject: RE: Beck Variance Thank you for your email, Mrs. Whiteman. I will forward a copy to the Planning Commissioners as well as have copies available at the Planning Commission meeting on Tuesday, January 6, 2009. Please feel free to attend the meeting. Sincerely, Angie Angie Auseth Planner I City of Chanhassen 7700 Market Blvd Chanhassen, MN 55317 Direct dial: 952-227-1132 Fax: 952-227-1110 email: aauseth@ci.chanhassen.mn.us Website: www.ei.chanhassen.mn.us From: GORDON JR WHITEMAN [mailto:whitemangp@msn.com] Sent: Friday, January 02, 2009 2:13 PM To: Auseth, Angie Subject: Beck Variance I am a property owner,6240 Ridge Road, it is a family owned cabin so there are actually multiple owners. We are in a unique position as our cabin would never be built today, the codes were extrememly different fifty years ago (however, I would like to mention that we are probably the only ones that have not removed any other than dead trees, have never used any chemicals -tried to maintain a minimal footprint). I understand that, I so I am speaking from a different point of view.. I have sympathy for anyone wanting to utilize their property, however, we have set standards and need to follow them. We have learned a great deal about how we treat the land does directly affect our lake. I am particularly frustrated by the removal of trees and ignoring the bluff set backs. You only have to go around the lake after a major storm to see the effects of changing the bluffs. Properties are quite narrow and bunched together in this area and guidelines are critical. Time after time people just go ahead and do what they want, not considering the impact or the codes either expecting not to get caught or that they will get their way after the fact. That is extremely frustrating for long time owners, taxpayers, who have a stake in the future of Christmas Lake. I hope that thoughtful reasoning can prevail and keep the standards that were set for good reason and thoughtful planning for the future. Patricia Whiteman 2272 Stone Creek Lane East Chanhassen, Mn 55317 PROPOSED MOTION: "The Chanhassen Planning Commission denies Planning Case #08-23 for a bluff setback and vegetation removal variance, a watcr-oricnted accessory structure variance and a detached accessory structure variance for the construction of a 480 square -foot water - oriented structure, located at 6250 Ridge Road, with conditions I and 2 on page 9 of the staff report and adoption of the attached Findings of Fact and Action." SUMMARY OF REQUEST: The applicant is requesting an I I -foot bluff setback variance from the 30 -foot bluff setback and removal of vegetation, a 230 square -foot water -oriented accessory structure variance from the 250 square -foot maximum and a 286 square -foot detached accessory structure variance from the 1,000 square -foot maximum for the construction of a 480 square -foot water oriented structure (shed/deck). LOCATION: 6250 Ridge Road (Legally described in Exhibit A) APPLICANT: Christophe and Nadine Beck 0�0_ 6250 Ridge Road Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential -Low Density (1.5 — 4 units per acre) ACREAGE: 0.78 acres; 32,241 square feet DENSITY: N/A ADJACENT ZONING: The properties to the north, south, and east are zoned Single Family Residential (RSF). Christmas Lake is located to the west. WATER AND SEWER: Water and sewer service is available to the site. LEVEL OF CITY DISCRETION IN DECISION-MAKING: 'Ihe 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. SCANNED Beck Variance Request 00 00 Planning Case 08-23 January 6, 2009 Page 2 of 9 PROPOSAL SUMMARY The applicant is requesting an after -the -fact area and setback variance for the construction of a water -oriented accessory structure located near the shoreline of Christmas Lake. The water -oriented structure consists of an 80 square -foot shed and a 400 square -foot deck, to be referred to as the "shed/decle'or I.struc, 'ture,'. The property, with an area of 32,241 square feet, is a riparian lot, zoned Single Family Residential (RSF), and located on the east side of Christmas Lake. It contains a bluff located within the westerly portion of the site. Staff received a phone call in October 2008. The caller was concerned that the construction of the structure was being done without a permit. Staff conducted an inspection on October 17, 2008 and issued a stop work order at the site as a building permit had not been applied for, nor did the structure meet City Code requirements for a water -oriented structure. Beck Variance Request Planning Case 08-23 January 6, 2009 Page 3 of 9 Staff met with the applicant and explained all of the options to bring the structure into compliance. As a result, the applicant submitted a variance application which included a survey. The survey denoted all property lines, structures, the toe of the bluff and the Ordinary High Water (OHW) mark. City Code requires structures to maintain a minimum setback from these features. When the surveyor marked the property Imes, it was noted that the structure not only encroached into the required side yard setback, but it was located over the property line, encroaching into the neighboring property. The applicant has agreed to move the shed/deck to meet the required 1 0 -foot shorcland setback, measured from the OHW, as well as the I 0 -foot side yard setback, off the neighbor's property. While the structure will meet the side and shoreland setback requirements, the proposed structure does not comply with the following City Code requirements: • It exceeds the 250 square -foot size limitation for a water -oriented structure by 230 square feet • It encroaches I I feet into the required 30 -foot toe -of -bluff setback; • It includes removal of vegetation beyond the 30% within the shoreline and bluff impact zone; and • It exceeds the 1,000 square -foot detached accessory structure size limitation by 286 square feet, as an 806 square -foot detached garage is currently located on the property. The applicant has reasonable use of the property, which includes a single-family home and two two - car garages. Additionally, a 194 square -foot water oriented structure can be constructed on the site in compliance with all City Code requirements. Therefore, this request is a self-created hardship, as defined by the City Code. Staff is recommending denial of the variance request. APPLICABLE REGULATIONS Chapter 20, Article 11, Division 3, Variances. Chapter 20, Article VII, Shoreland Management District. Chapter 20, Article XII, Single Family Residential (RSF) District. Chapter 20, Article =11, Section 20-904. Accessory Structures. Chapter 20, Article XXVIII, Bluff Protection. Beck Variance Request Planning Case 08-23 January 6, 2009 Page 4 of 9 BACKGROUND The property is located at 6250 Ridge Road, and is an unplafted lot zoned Single Family Residential (RSF). The lot has an area of 32,241 square feet (0.78 acres). The minimum lot area for a riparian lot in the RSF district is 20,000 square feet. In addition to the lakeshore, there is a bluff located in the 400 *0 rear yard of the property. Several of the homes on the neighboring properties were constructed in the 1950's and '60's. However, the original home on the subject site was demolished and the new home was built in 2002. The 806 square -foot detached garage was later constructed in 2003. The current home, detached garage and site conditions (23% hard surface coverage) are in compliance with City Code. ANALYSIS The intent of the applicant's proposal is to provide storage for their water - oriented equipment; rather than carry it up and down the bluff. The shed is built on a floating slab, so it can be moved to meet the side yard and shoreland setback requirements. The 80 square -foot shed meets the intent of the water -oriented structure and size limitations of the City Code. The applicant states that the area near the lake does not grow grass due to the canopy coverage of the trees. After researching various landscaping Beck Variance Request 00 Planning Case 08-23 January 6, 2009 Page 5 of 9 options, their solution was to construct the 400 square -foot deck. The deck is constructed in sections and is not permanently affixed to the ground, so it can be removed if necessary. The additional square footage of the deck exceeds the size limitation for water -oriented accessory structures and, combined with the existing detached garage and proposed shed, exceeds the size limitation for detached accessory structures on a parcel or property. Compfiance The applicant is requesting an I I -foot bluff setback and vegetation removal variance, a 230 square -foot water -oriented accessory structure variance, and a 286 square -foot detached accessory structure variance for the construction of a 480 square -foot water oriented structure (shed/deck). However, a 194 square -foot water -oriented structure can be constructed and comply with the required setback and accessory structure size limitations. This would permit the proposed 80 square -foot shed and a deck, not to exceed 114 square feet. The picture on the right illustrates the existing clearing within the shoreline impact zone. The current clearing appears to meet or exceed what is permitted by ordinance. Section 20-482 (2)(b)(4) states that: "The clearing shall be limited to a strip 30 percent of lot width or 30 feet, whichever is lesser, parallel to the shoreline and extending inward within the shore and bluff impact zones." The applicant's proposal requires the removal of an additional tree within the shoreline impact zone, thus necessitating an additional variance from the above-mentioned ordinance. Beek Variance Request Planning Case 08-23 January 6, 2009 Page 6 of 9 I** Location 00 As shown in the survey on the left the proposed water oriented -structure (in yellow) encroaches significantly into the bluff setback and into the bluff impact zone, which is the first 20 feet adjacent to the toe of the bluff With the placement of the applicant's proposed structure, a large hardwood tree would need to be removed. However, as shown in the survey on the right a water -oriented structure (in orange) can be constructed which complies with the bluff, shoreland, and property line setbacks, complies with the size limitations of water -oriented structures and detached accessory structures limitations, and saves the tree from being removed. The shed is 80 square feet, which is consistent with the applicant's proposal. The deck shown is I 10 square feet (I V x 10). The area of the deck may not exceed 114 square feet in size to maintain compliance with City Code. Beck Variance Request Planning Case 08-23 January 6, 2009 Page 7 of 9 In staff s illustration, the combined area of the shed and deck is 190 (up to 194) square 'c feet total. While this is less than the 250 square -foot water -oriented structur allowed by the Shoreland Management District; the combi footage of the existing 806 square -foot detached garage an shed/deck may not exceed the 1,000 square -foot detached accessory structure limitation. The more restrictive ordinance takes precedent. 500 Feet Staff surveyed the properties within 500 feet of the subject site to determine if there were pre-existing conditions in the neighborhood that would wan -ant granting a variance. Several of the neighboring homes were built prior to the adoption of the Shoreland District Regulations, some of which have water -oriented structures that do not meet current zoning ordinance. Staff researched the neighboring properties' building files and past aerial photographs to try and determine the status of the adjacent water -oriented structures. It is unclear when they were constructed. Beek Variance Request 00 00 Planning Case 08-23 January 6, 2009 Page 8 of 9 Bluff For lands within a Shoreland Management District, the "bluff impact zone" is the first 20 feet of the 30 -foot setback for structures proposed to be built in bluff areas that are located immediately adjacent to an 18 percent or steeper slope. This 20 -foot bluff impact area should not be disturbed either by removing the vegetation or by excavation. Diseased or dying vegetation may be removed, and selective pruning of branches is permitted to allow a view. Shoreland Management The shoreland management district has been in effect since 1986 and, generally, follows DNR standards for riparian lots. The ordinance was amended in 1994, consistent with DNR regulations, including the current guidelines for water -oriented structures. Water -oriented accessory structure orfacility means a small, above -ground building or other improvement, except stairways, fences, docks, and retaining walls which, because of the relationship of its use to a surface -water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached docks. Sec 20-481 (e) (2) Water -oriented accessory structures. Each lot may have one water -oriented accessory structure not meeting the normal structure setback in subsection 20-481 (a) if this water - oriented accessory structure complies with the following provisions: a. The structure or facility shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks shall not exceed eight feet above grade at any point. b. The setback of the structure or facility from the ordinary high water level shall be at least ten feet; f. As an alternative for general development and recreational development waterbodies, water -oriented accessory structures used solely for watercmft storage, and including storage of related boating and water -oriented sporting equipment, may occupy an area of up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. The purpose of the limitations to the size of a structure and the proximity to lake is to minimi e the disturbance in the shoreline impact or buffer area. A more natural buffer area reduces runoff which in turn causes less erosion and sediment deposition, as well as more wildlife habitat. The increased volume of runoff into the lake as well as the amount of sediment and other pollutants Beck Variance Request 100 00 Planning Case 08-23 January 6, 2009 Page 9 of 9 decrease the water quality of public waters. Therefore, any increased disturbance and hardcover due to the construction of the shed/deck will result in an impact to Christmas Lake. As stated previously, the vegetation removed within the shoreline impact zone appears to meet or exceed what is permitted by the Shoreland Management District; any additional removal requires an additional variance request. The applicant has not demonstrated a hardship that would warrant the granting of a variance. According to criteria outlined in the City Code for granting a variance, reasonable use within the RSF district is defined as a single-family home and a two -car garage. As such, the applicant has a reasonable use of the property with the existing home, an attached two -car garage and a detached two -car garage. Additionally, a water -oriented structure can be constructed to comply with City Code. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the attached Findings of Fact and Action: "The Chanhassen Planning Commission denies Planning Case #08-23 for a an I I -foot bluff setback and vegetation removal variance; a water -oriented accessory structure variance; and a detached accessory structure variance for the construction of a 480 square -foot water -oriented structure, legally described in Exhibit A; adoption of the attached Findings of Fact and Action with the following conditions: 1. The combined square footage of the water -oriented accessory structure (shed/deck) may not exceed 194 square feet; 2. A building or zoning pernrit must be applied for and approved prior to completion of the water - oriented structure to ensure compliance with City Code." ATTACHMENTS 1. Findings of Fact and Action. 2. Email from John Gleason, Area Hydrologist, NIN DNR Waters dated December 23,2008. 3. Development Review Application. 4. Development Review Deadline Waiver. 5. Reduced copies of lot survey (2). 6. Exhibit A (Legal Description of Subject Site). 7. Public Hearing Notice and Affidavit of Mailing. gAplan\2008 pimning casm\08-23 beck varimce\staff report.dw 00 so CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Christophe and Nadine Beck for a bluff setback and vegetation removal variance, a water -oriented accessory structure variance and a detached accessory structure variance for the construction of a 480 square -foot water -oriented structure (shed/deck) in the Single -Family Residential (RSF) District — Planning Case No. 08-23. On January 6, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Christophe and Nadine Beck for an 11 -foot bluff setback and vegetation removal variance from the 30 -foot bluff setback, a 230 square -foot water -oriented accessory structure variance from the 250 square -foot maximum, and a 286 square -foot detached accessory structure variance from the 1,000 square -foot maximum for the construction of a 480 square -foot water oriented structure (shed/deck) at 6250 Ridge Road, located in the Single Family Residential District (RSF). The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2 — 4 units per acre). 3. The legal description of the property is shown in the attached Exhibit A. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter does not cause an undue hardship. The applicant currently has reasonable use of the property including a single-family home, an attached two car garage and a detached two car garage. The applicant can construct a water oriented structure in compliance with the shoreland, bluff, setback and structure size limitation as well as save trees on the site. Therefore, the variance request is a self-created hardship. 00 00 b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are applicable to all residential riparian properties. A water oriented structure can be constructed on the site in compliance with all zoning regulations. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the request is not based on the desire to increase the value of the home. The property owner's intent is to have a stomge area for water -oriented equipment and an attached deck. The applicant can construct the proposed 80 square -foot shed, as well as a deck, not to exceed 114 square feet, in compliance with the City Code. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The applicant has reasonable use of the property, as a single-family home with an attached two -car garage and a detached two -car garaged are currently located on the site. The applicant can construct up to a 194 square -foot water -oriented structure (shed/deck) within the requirements of the City Code. This request is a self-created hardship. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of a variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. The purpose of the size limitations of water -oriented structures is to minimize the disturbance in the shoreline and bluff impact areas. A more natural buffer, or impact area, reduces runoff which in turn causes less erosion and sediment deposition, as well as more wildlife habitat. An increased volume of runoff into the lake as well as the amount of sediment and other pollutants decrease the water quality of public waters. Therefore, any increased disturbance and hardcover due to the construction of the shed/deck will result in an impact to Christmas Lake. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values withm the neighborhood. Finding: The proposed shed/deck will not impair an adequate supply of light or air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safbty or diminish property values within the neighborhood. The planning report #08-23, dated January 6, 2009, prepared by Angie Auseth, et al, is incorporated herein. 2 00 ACTION 00 "Me Planning Commission denies Planning Case #08-23 for a bluff setback and vegetation removal variance, a water -oriented accessory structure variance and a detached accessory structure variance for the construction of a 480 square -foot water -oriented structure on property legally described in the attached Exhibit A, based on these findings of fact." ADOPTED by the Chanhassen Planning Commission on this 6th day of January, 2009. CHANHASSEN CITY PLANNING COMMISSION Its Chair gAplan\2008 planning cases\08-23 bwk variance\1 -"9 findings of facLdoc 96 00 Auseth, Angie From: John Gleason [John.Gleason@dnr.state.mn.us] Sent: Tuesday, December 23, 2008 1:01 PM To: Auseth, Angie Subject: Beck Variance Ms. Auseth: I am writing this letter in response to the letter from you dated December 8 regarding the Beck variance application for their property at 6250 Ridge Rd. In general we oppose setback variances from bluffs. The intent of a setback from bluffs to offer some consumer protection as bluffs are prone to erosion. I have included a excerpt from the DNR Waters website with some more detailed information on development on bluffs and associated technical issues. The website is: http://www.dnr.state.mn.us/permits/water/­answers.html#bluff Please review the following information. I have provided it to assist the City in your review of this variance application. "For lands within a Shoreland Management District, a "bluff" is defined as land draining toward a water body, which rises more than 25 feet above the water body and exceeds more than 30 percent rise in grade. A "steep slope" within the Shoreland Management District is land that exceeds 12 percent in grade. Any land that exceeds 12 percent in grade is poorly suited for either agricultural activity or development if its natural vegetation is removed because precipitation on an exposed slope that steep will erode. Agriculture experts recommend that land above 6 percent grade not be tilled because of erosion probabilities. Architects claim that homes can be built in slopes that approach 18 percent grade if proper geo-technical precautions are followed. To provide for some consumer protection, the rules for lands within a Shoreland Management District state that building sites should be located 30 feet either above or below the top or toe of a bluff (defined as that point where the grade becomes less than 18 percent). In situations where land slopes exceed 22 percent, expertise should be obtained to ensure that any proposed development meets requirements, does not create erosion during construction, and does not lead to problems from gravitational slippage after construction (i.e., when soils become saturated with precipitation and gravitational forces on the structure move it down slope). City or county planning/zoning officials should be contacted for district boundaries, requirements, and best management practices before undertaking any construction activity in these areas that will be highly vulnerable to erosion and soil slippage. For lands within a Shoreland Management District, the "bluff impact zone" is the first 20 feet of the 30 -foot setback for structures proposed to be built in bluff areas that are located immediately adjacent to an 18 percent or steeper slope. This 20 -foot bluff impact area should not be disturbed either by removing the vegetation or by excavation. Diseased or dying vegetation may be removed, and selective pruning of branches is permitted to allow a view. Local officials should be contacted for district boundaries and requirements before undertaking these types of activities." Regards, Jack John (lack) Gleason, 1 Area*Hydrologist -West Metroeq 0 0 MN DNR Waters 1200 Warner Road St. Paul, MN 55106 651-259-5754 (W) 651-772-7977 (F) John.Gleason(@dnr.state.mn.us Visit our website at: http://www.dnr.state.mn.us/waters/`index.html 00 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 041,lanning Case No. ()S- ';L3 DEVELOPMENT REVIEW APPLICATION and Address: Contact: �r,� Phone: 2J2 204,519�/ Fax: Email: Owner Name and Address: rl')12 4Ay-Y_- ca-�/ 21a::;� Contact: Phone: (2 201 e4 11 9,�' Fax: Email: �� t)L-rk 'Cc-y�) NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning CITY OF CHANHASSEN Sign Permits RECEIVED Sign Plan Review OCT 3 1 2008 HANHASSEN PLANNING DEPT Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAG) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPR/VACNARNVAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ Li 60. 00 p8 c_" ZL4A20 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital cop in TIFF -Group 4 (*.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each aoDlication. SCA14NFD 00 400 PROJECTNAME: (,21-r� LOCATION: 62'(0 LEGAL DESCRIPTION AND PID: -25-00? 0 100 TOTALACREAGE: ze WETLANDS PRESENT: YES X NO PRESENT ZONING: /-::7 REQUESTED ZONING: —P- (� /-- PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: 'AEASON FOR REQUEST: I-jp_t, aj4dCn_eAUj FOR SITE PLAN REVIEW: include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to (his application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this, application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. 10/130/09> Signature of Applicant Date Signature of Fee Owner Date SCANNED G.IPLAMForms0evelopment Review Application.DOC Rev. 1/08 Igo so PROJECT NAME:(, 2 Fr, P PC, LOCATION:— 6220 /L�� /?C/ LEGAL DESCRIPTION AND PID: — 2S-00 ? 0 /00 TOTALACREAGE: 0. WETLANDS PRESENT: YES X NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: '-w-f. wdink�l FOR SITE PLAN REVIEW: include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to (his application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Tide, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 'Ij-, - t: . �' 4 , , I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. -:!�- Signature of Applicant Signature of Fee Owner 10/130/09> Date 10 / 13 NO S? Date SCANNED GAPLAN\Fonns\Deve1opmmt Re�iew Application.130C Rev. 1/08 00 410 Applying for variance at our property at Christmas Lake, 6250 Ridge rd. parcel Nr. 250020100 for: Removable, floating Shed (8'x 10'= 80sf) Removable, floating Deck (400sf, exact shape see drawing) While CITY OF CHANHASSEN RECEIVED OCT 3 1 2008 CHANHASSEN PLANNING DEPT - reducing the distance to the bluff from the required 30 feet to 15 feet due to narrow shape of the lake shore area. - respecting the distance to the water high level line of 10 feet In July 2007 coming from Germany we moved in our House on Christmas Lake. Being passionate water skiers we were really happy to discover Christmas Lake one of the most beautiful lakes of the area. Taking over our property we found the wooded area down by the shore piled with wooden debris and all sorts of waste like -old dock - Big metal pieces - Plastic fencing - Gas canister - etc .... - old door - Glass bottles - soda canes - pieces of old carpet The use of about 40% of our anyway small shore area was impossible. (The steep wooded bluff of the property goes far down to the shore and takes about 70% of the space facing the lake. This reduces the usable space (inclusive wooded part) down by the lake to 3950 square feet (= 11 % of the entire property)) After cleaning up the area (hauling the waste up the bluff) we tried to enlarge the lawn by adding dirt, sowing with grass seed multiple times and sprinkling regularly. 410 0* Unfortunately the grass did not grow and weeds and stinging plants took over the area which made any recreational use especially for the children impossible. Pulling out and cutting the weeds for two seasons did not show any results and the use of herbicide at the lake shore was in my opinion not an option. Additionally we had wasps making their nests in some old tree trunks which made the area dangerous for ours' and the neighbors' children to play. My son's long planed birthday swimming party could not be held due to the sudden appearance of two new wasp's nests in the area. In order to being able to fully enjoy our wonderful lake property we had to find a solution We decided to consult a landscaper. To his judgment it was a costly (dig out several old tree trunks and even out the surface) and not promising project to have lawn grow under these big trees which we did not want to remove. He also highly recommended the installation of an automatic sprinkler system. Still we could not use a big part of our shore area and it also looked poorly compared to the usually well kept and organized properties around Christmas Lake. We studied some landscaping books, magazines and other properties around the lake. But we did and do not want to unnecessarily cut down trees, pour concrete or do any further degradation to the shoreline. We figured the only option would be a deck and shed. Consulting a carpenter we tried to best use the area without cutting sound trees (beside one being damaged by storm), respect the nature and solve all of the above mentioned problems. The solution was a floating, removable shed and deck. The deck is built of separate pieces which could be moved in case of necessity. This structure allows the rain and the water running down from the bluff to penetrate the area. The shed being 80sf instead of the 120sf allowed, will make life at the beach much easier. We will be able to store the child ren's' toys, water skis and furniture cushions etc. instead of carrying them down and up the steep bluff every day. The design of the shed is a copy of our house and will greatly add to the properties' appearance. We truly hope that you will support all our efforts to make of our shore the best we could to preserve the natural aspect of this magnificent area as well as allowing our family to enjoy the beautiful lake. SCANNED so 00 6>8-�O City of Chanhassen Planning Commission Appliance for variance at our property at Christmas Lake, 6250 Ridge rd. Parcel Nr. 250020100 Please remove my items from the December 2 Planning Commission meeting agenda and reschedule for the January 4, 2008 meeting. I also waive the 120 day development review deadline. Yours sincerely z Nadine Beck 6250 Ridge rd. Chanhassen, MN, 55317 CITY OF CH,�fj�14SSSN RECEIVED NOV 1 0 2008 CHMHASSEN PLANMNG Djpj- 8CAjVjjEj) 0 �92 2.0- !a zo�.4 J-. :::-.m . A 3---- �z sfi 5 c -.,o z - E I �. . .221. ays vEz soz. i -v K 08- .6. .3 29 Wit C gp� D'- -0 IE:� - s�j:sl 0 V P�- E-U; 0-. -f a-.*- 0 z -.9-0 '00 -MAS so jf� 0.0 . a a .0�. Z. I V a- - a.. Z'Z 3- 0! Z-2 -.0-to. A.;t �FF 0 oz a- so i I z 3 3 m Ee 2a f 19 &A - . % 9 .0:. F... -a-9.0 .:Br , z z z a 0 0 , 6,- - 0* z z z T 0 VV 2�' E was I -M o mwooe Z ozo 5- � P Ujo, A > zo AM 2, LLJ w F- y V) WO Z vi ZED., z 0 x ,ONG w� oz CD 62 Of - m M!Q P W�m U) za, Xwo 00,01 -3.0o'gi.01N o..Z 6 oy, C04 '9T vor 4v 4nv,, as a R� tV a "1 +1 AOL, soct W "Y S AFORV4YO 0 wmwi� PAM 6A, .7,44, i �-727- �' 5-474,% �t- -- IF-\, - -_ 00 00 00 00 EXHIBIT A LEGAL DESCRIPTION: The following described land situated in the County of Carver and State of Minnesota: TTactl: That part of Sections I and 2, Township 116, Range 23, described as follows: Beginning at a point in the East line of Section 2, Township 116, Range 23, distant 472.00 feet South of the Northeast comer of said Section 2; thence North along the East line of said Section 2 a distance of 97.00 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to said last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet a distance of 37.24 feet to a point which is the actual point of beginning of the tract of land to be described; last described curve being hereinafter designated and referred to as "Line A"; thence North 79 degrees 45 minutes West 250.02 feet; thence at right angle northeasterly 10 feet; thence at a right angle Southeasterly to the intersection of said line with the Northerly extension of aforesaid "Line A"; thence Southerly along said extension to the point of beginning. Tract 2: 'Mat part of Section I and 2, Township 116, Range 23 described as follows: Beginning at a point in the East line of Section 2 distant 472 feet South of the Northeast comer of said Section 2; thence North along the East Line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet, a distance of37.24 feet; thence North 79 degrees 45 minutes West 330 feet, more or less, to the shore of Christmas Lake; thence Southwesterly along the shore of said Lake 150 feet to an intersection with a line bearing north 63 degrees 22 minutes West 326 feet, more or less from point of beginning; thence South 63 degrees 22 minutes East 326 feet, more or less to the point of beginning, excepting therefrom the following described premises, to —wit: That part of Sections I and 2, Township 116, Range 23, described as follows: Commencing at a point in the East Line of Section 2, distant 472 feet South of the Northeast comer of Section 2; thence North along the East line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 33 feet to the point of beginning; thence Southwesterly along said curve to said East line of Section 2; thence South along said East Line of Section 2, a distance of 97 feet; thence North 63 degrees 22 minutes West 326 feet, more or less, to the shore of Christmas lake; thence Northeasterly along the shore of said lake to the intersection with a line bearing north 72 degrees 10 minutes 39 seconds West from the point of beginning, thence South 72 degrees 10 minutes 39 seconds East to the point of beginning. Excepting therefrom that portion, if any, which lies below the natural ordinary low water mark, the State of Minnesota being the owner of all of said portion, if any, lying below the natural ordinary low water mark, it being recognized that said lake is a navigable public body of water, provided, however, that the applicants shall have the usual riparian rights that attach to land riparian to navigable public bodies of water incident to the ownership thereof. For the purposes of the descriptions of the above two tracts, the East Line of said Section 2, Township 116, Range 23, is assumed to be a due North and South line. According to the Government survey thereof 09 00 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MRIJNESOTA) )ss. COUNTY OF CARVER ) 1, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on December 24, 2008, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Beek Variance – Planning Case 2008-23 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Karen J. Engelhardt, Deputy Clerk Subscribed and sworn to before me this — day of 2008. Notary Public Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 6, 2009 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 Variances from the bluff setback, size limitation of a water -oriented structure, and size limitation for detached Proposal: accessory structure(s) for the construction of a shed and deck on property zoned Single -Family Residential (RSF). Applicant: Christophe and Nadine Beck Property 6250 Ridge Road Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1 . Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/i)lan/08-23.html. If you wish to talk to someone about this project, please contact Angie Auseth by email at aauseth@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure; • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a 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 commercialrindustrial. • 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 spoliespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. _ Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 6, 2009 at 7:00 P.M. This hearing may not stah until later In the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Variances from the bluff setback, size limitation of a water -oriented structure, and size limitation for detached Proposal: accessory structure(s) for the construction of a shed and deck on property zoned Single -Family Residential (RSF). Applicant: Christophe and Nadine Beck Property 6250 Ridge 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 What Happens public hearing through the following steps: at the Meeting: 1 . Staff will give an overview of the proposed project. 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 volect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/i)lan/08-17.html. It you wish to talk to someone about this project, please contact Angie Auseth by email at aauseth@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the, Planning Commission. City ordinances require all property within 500 teat of the subject site to be notifi, application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation, Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial • Minnesota State Statute 519,99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood stookesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the applicartion will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. — 00 00 JOHN S FESS KEITH D & SUSAN J JONES JAMES J & KAREN M MEYER 6280 RIDGE RD 6265 RIDGE RD 6230 RIDGE RD CHANHASSEN, MN 55317 -9438 CHANHASSEN, MN 55317 -9438 CHANHASSEN, MN 55317 -9438 GORDON M & DOLORES I SPRENGER 6244 RIDGE RD CHANHASSEN, MN 55317 -9438 WILLIAM P CUNNINGHAM C/O P WHITEMAN 2272 STONE CREEK LN E CHANHASSEN, MN 55317 -7412 JERRY W & KATHERINE M SNIDER 6270 RIDGE RD CHANHASSEN, MN 55317 -9438 RONALD H & JANICE M MASON 800 PLEASANT VIEW RD CHANHASSEN, MN 55317 -9545 STEVEN J & MARY F MIDTHUN 6225 RIDGE RD CHANHASSEN, MN 55317 -9438 MOLLY V & SCOTT R SILAS TRUSTEES OF TRUST 6201 RIDGE RD CHANHASSEN. MN 5M17 -9438 IRENE Y JOSEPH 6290 RIDGE RD CHANHASSEN, MN 55317 -9438 HENRY & APHRODITE BERTOLDI 6285 RIDGE RD CHANHASSEN, MN 55317 -9438 CHRISTOPHE BECK 6250 RIDGE RD CHANHASSEN, MN 55317 -9438 DEAN E WETZEL REVOCABLE TRUST C/O DEAN WETZEL TRUSTEE 6260 RIDGE RD CHANHASSEN, MN 55317 -9438 GINA M SCHMIDT 790 PLEASANT VIEW RD CHANHASSEN. MN 55317 -9509 CM OF Date: December 8,2008 00 City of Chanhassen 00 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department By: Angie Auseth, Planner I o � - 2�) Subject: BECK VARLANCE: Request for Variances from the bluff setback and size limitation of a water - oriented structure, for the construction of a shed and deck on property zoned Single -Family Residential (RSF) located at 6250 Ridge Road. ApplicantlOwner: Christophe and Nadine Beck Planning Case: 08-23 PID: 25-0020100 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on October 31, 2008. The applicant has waived the 120 -day review period. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on January 6, 2009 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than December 24, 2008. You may also appear at the Planning Cormnission 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 -Jack Gleason 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED 64 00 Location Map (Subject Property Highlighted in Yellow) Beek Variance Request 6250 Ridge Road Planning Case 2008-23 SCANNED 00 MEMORANDUM TO: Angie Auseth, Planner I FROM: Jerritt Mohn, Building Official DATE: December 8, 2008 00 SUBJ: Review of request for variances: bluff set -back, size limitation on water oriented structures, size limitation on detached accessory structures on property located at 1425 Bluff Creek Dr. Planning Case: 08-23 Building permits are required for any structures governed by the building code. G:\pIan\2008pImning �\08-23 bmk varimce\buiIdingofflciaIco=mts.dm .LEGAL DESCRIPTION: 0 qjTV)t4 �7- 00" W Op N F-EET 82 ORTH DEED LINE CERT The following described land situated in the County of Carver and State of Minnesota: WOOD FEN N UES F;?ow CE: /I 3.5 Tract lt That part of Sections 1 and 2, Township 116, Range 23, described as follows: Beginning at a Point In 472.00 feet South of the Northeast corner of sold Section 2; thence North along the East line of sold Seaton tangential curve to the right with a radius of 65.55 feet a distance of 47.76 feet; thence North 41 degrees 45 a distance of 78 feet, thence Northerly on a tangential curve to the left with a radius of 152.4 feet a distance beginnin of the tract of land to be described; last described curve being hereinafter designated and referred tc 250.02 ?set; thence at right angle northeasterly 10 feet; thence at a right ongle Southeasterly to the intervectic A"; thence Southerly along said extension to the point of beginning. Tract 2: That part of Section 1 and 2, Township 116, Range 23 described as follows: Beginning at a point In tl Northeast comer of sold Section 2; thence North along the East Line of Section 2 a distance of 97 feet; thenc radius of 65.55 feet, a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to on a tangential curve to the left with a radius of 152.4 feet, a distance of 37.24 feet; thence North 79 degree Christmas Lake; thence Southwesterly along the shore of said Lake 150 feet to an intersection with a line beari from point of beginning; thence South 63 degrees 22 minutes East 326 feet, more or less to the point of beg! to—wit: That part of Sections 1 and 2, Township 116, Range 23, described as follows: Commencing at a point I Northeast comer of Section 2; thence North along the East line of Section 2 a distance of 97 fact; thence Not 65-55 feet, a distance of 33 fest to the point of beginning; thence Southwesterly along said curve to sold East Section 2, c distance of 97 feet; thence North 63 degrees Z2 minutes West 326 feet, more or less, to the shl said lake to the intersection with a line bearing North 72 degrees 10 minutes 39 seconds West from the point East to the point of beginning. Excepting therefrom that portion, if any, which lies below the natural ordinary lo of said porrion, if any, lying below the natural ordinary low water mark, it being recognized that said lake is a applicants shall have the usual riparian rights that attach to land riparian to navigable public bodies of water in descriptions of the above two treicts, the East Line of sold Section 2, Township 116, Range 23, is assumed to Survey thereof. FS I CV* 0) Cv 6 tv 2-0 01 OU TBUILDiNG OS SOUTHERLYM T CORNER OF. NORTH IS 0.1 IN 00" W Op N F-EET 82 ORTH DEED LINE N79-45,01 \NAIL IN R( WOOD FEN N UES F;?ow CE: /I 3.5 71.40 F�5 112 INCH IRON ' � tLLj 0 FIEET TO 15 Pl� 0, W/ CAP 017003 — / 41 .LLJ ir ROCK SIEPS p d LO LINE. 0 Cb f - --q I N .918* 4 - /RON 1/Z CAP . W/ 112 INCH jj� `V CAP I ON PIPE N 7.9 ,#1 70o3 OU TBUILDiNG OS SOUTHERLYM T CORNER OF. NORTH IS 0.1 IN 00" W Op N F-EET 82 ORTH DEED LINE N79-45,01 \NAIL IN R( WOOD FEN N UES F;?ow CE: /I 3.5 71.40 F�5 112 INCH IRON ' � tLLj 0 FIEET TO 15 Pl� 0, W/ CAP 017003 — / a 0 .LLJ SOUN'OF Pq DEED ROCK SIEPS p d LO LINE. 0 Cb 9846 )V7 O(j Z010 3,9. AE1q',.k,�4EV, W 7-0 0.2 QUN 7h 0, :'V�t PREPA "YON 1tv NADINE C'1 P PIPE C/Y 6250 RI CHANHA! 1()q 09 LEGAL DESCRIPTION: 94pnic)N -1- 00 CERTI The following described land situated in the County of Carver and State of Minnesota: Tract 1, That part of Sections 1 and 2, Township 116, Range 23, described as follows: Beginning at a point in 472.00 feet South of the Northeast comer of said Section 2; thence North along the East line of said Sectlon tangential curve to the right with a radius of 65.55 feet a distance of 47.76 feet; thence North 41 degrees 45 a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet a distance baqlnninq of the tract of land to be described; lost described curve being hereinafter designated and referred to 250.02 feet; thence at right angle northeasterly 10 feet; thence at a right angle Southeasteriy to the intersectiot A'; thence Southerly along said extension to the point of beginning. Tract 2, That part of Section 1 and 2, Township 116, Range 23 described as follows: Beginning at a point in tl� Northeast comer of sold Section 2; thence North along the East Une of Section 2 a distance of 97 feet; thenc radius of 65.55 feet, a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to on a tangential curve to the left with a radius of 152.4 feet. a distance of 37.24 feet; thence North 79 degree Christmas Lake; thence Southwesterly along the shore of acid Lake 150 feet to an intersection with a line bearit from point of beginning; thence South 63 degrees 22 minutes East 326 feet, more or less to the point of begil to—wit: That part of Sections 1 and 2, Township 1116, Range 23, described as follows: Commencing at a point ii Northeast comer of Section 2; thence North along the East line of Section 2 a distance of 97 feet; thence Nor 65.55 feet, a distance of 33 feet to the point of beginning; thence Southwesterly along said curve to acid East Section 2, a distance of 97 feet; thence North 63 degrees 22 minutes West 326 feet, more or less, to the shc said lake to the Intersection with a line bearing North 72 degrees 10 minutes 39 seconds West from the point East to the point of beginning. Excepting therefrom that portion, if any, which lies below the natural ordinary loy of said portion, if any, lying below the natural ordinary low water mark, it being recognized that sold lake Is a applicants sholl have the usual riparian rights that attach to land riparian to navigable public bodies of water im descriptions of the above two tracts, the East Line of said Section 2, Township 116, Range 23, is assumed to I Survey thereof. Lu 112 114CH IRON P W1 CAP #17003 /PC — SOIJT�'ERLYM OUTBUILDINGOS7 CORNER DF C'j N79o45, NORTq OF- NDIS D., F-EEr '47 4113,00"W 00 W 1 8 DEED LJNE' 8 1\ *�� L -qN #?O/v 1/Z C� )i Pjxje/fqc�y '�' C4P , W/ , 11 D iES FENCE FROM 3_5 TO 7. 5 SA" X 71.40 112 INCH W/ CAIRON p/pE P #1 70o.1 rTH DTH OF '��SVEPS EiD Fito—c"—, UNE. 6 # 0 -4-4 _Z� /_ W M -Q846 JP A17 01ire1j, I Z*Jopjg,, PCC� 70ING W 1.2 YCj AND ij�� %04f �ou ho Q2 'IQ �_ N ClF. U *__J ID e CP 15 'PON '12 /N PIPE. CH CAP P W/ "P *19"'10\ 109l* 6 IN( N790450 0C NAIL IN TREC RC Li C) .P 6 PREPAR NADINE 1 6250 R11 CHANHAS BECK SCANNED CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 11/03/2008 2:19 PM Receipt No. 0085183 CLERK: katie PAYEE: CHRISTOPHE AND NADINE BECK 6250 RIDGE ROAD CHANHASSEN MN 55317 Planning Case 08-23 00 ------------------------------------------------------- Use & Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 Total Cash Check 5400 Change ----------- 450.00 0.00 450.00 ----------- 0.00 SCAW4ED Print Labels JOHN S FESS 6280 RIDGE RD CHANHASSEN, MN 55317 -9438 GORDON M & DOLORES I SPRENGER 6244 RIDGE RD CHANHASSEN, MN 55317 -9438 MOLLY V & SCOTT R SILAS TRUSTEES OF TRUST 6201 RIDGE RD CHANHASSEN . MN 55317 -9438 IRENE Y JOSEPH 6290 RIDGE RD CHANHASSEN. MN 55317 -9438 HENRY & APHRODITE BERTOLDI 6285 RIDGE RD CHANHASSEN . MN 55317 -9438 0* KEITH D & SUSAN J JONES 6265 RIDGE RD CHANHASSEN, MN 55317 -9438 STEVEN J & MARY F MIDTHUN 6225 RIDGE RD CHANHASSEN, MN 55317 -9438 DEAN E WETZEL REVOCABLE TRUST C/O DEAN WETZEL TRUSTEE 6260 RIDGE RD CHANHASSEN . MN 55317 -9438 GINA M SCHMIDT 790 PLEASANT VIEW RD CHANHASSEN. MN 55317 -9509 00 JAMES J & KAREN M MEYER 6230 RIDGE RD CHANHASSEN . MN 55317 -9438 WILLIAM P CUNNINGHAM C/O P WHITEMAN 2272 STONE CREEK LN E CHANHASSEN . MN 55317 -7412 JERRY W & KATHERINE M SNIDER 6270 RIDGE RD CHANHASSEN, MN 55317 -9438 RONALD H & JANICE M MASON 800 PLEASANT VIEW RD CHANHASSEN , MN 55317 -9545 Page I of I http://carvergiswebl.co.carver.mn.us/arcims/gis/-ovemment/general/parce1—buffer/print—Iabels-asp 12/5/2008 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 08-23 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 6, 2009, at 7:00 p.m. in the Council ChambersinChanhassenCityllall, 7700 Market Blvd. The purpose of this hearing is to consider a request for Variances from the bluff setback, size limitation of a water -oriented structure, and size limitation for detached accessory structure(s) for the construction of a shed and deck on property zoned Single-Farrdly Residential (RSF) located at 6250 Ridge Road. Applicant/Owrier: Christophe and Nadine Beck. 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/sery/ Plarx/08-23.html or at City Hall duringregularousinesshours. All interested persons are� invited to attend this public hearing and express their opinions with respect to this proposal. Angie Auseth, Planner I Email: aauseth@ci.chanhassen.rrm.us Phone: 952-227-1132 (Published in the Chanhassen VillageronThursday,December25, 2008; No. 4149) 00 00 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) 08 -,D3 Mark Weber, being duly swom, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A)Ibesc newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33 IA.02, 33 IA.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. -�// Y? was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of die newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopqrstuvwxyz By-.(4� Mark Weber Subscribed and sworn before me on this �� 5 day of �� 2008 NNOTAJYMME J. BARK RY, PUBLIC - MINNESOTA t4CO, 1 40. t4 Commission Expires 01/31/2013 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space .... S40.00 per column inch Maximum rate allowed by law for the above matter ............................... $40.00 per column inch Rate actually charged for the above matter ..................... . ....................... $12.19 per column inch SCANNED N14,11blic NNOTAJYMME J. BARK RY, PUBLIC - MINNESOTA t4CO, 1 40. t4 Commission Expires 01/31/2013 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space .... S40.00 per column inch Maximum rate allowed by law for the above matter ............................... $40.00 per column inch Rate actually charged for the above matter ..................... . ....................... $12.19 per column inch SCANNED 00 06 (08-23 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 08-23 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 6, 2009, 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 Variances from the bluff setback, size limitation of a water -oriented structure, and size limitation for detached accessory structure(s) for the construction of a shed and deck on property zoned Single -Family Residential (RSF) located at 6250 Ridge Road. Applicant/Owner: Christophe and Nadine Beck. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/serv/plan/08-23.html or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Angie Auseth, Planner I Email: aauseth@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on December 25, 2008) SCANNFO CITY OF CHANHASSEN 00 P 0 BOX 147 CHANHASSEN MN 55317 01/06/2009 2:39 PM Receipt No. 0090161 CLERK: katie PAYEE: CHRISTOPHE AND NADINE BECK 6250 RIDGE ROAD CHANHASSEN MN 55317 Planning case #08-23 ------------------------------------------------------- GIS List 39.00 Total Cash Check 5429 Change ----------- 39.00 0.00 39.00 ----------- 0.00 SCANNED 00 00 TO: Christophe & Nadine Beck 6250 Ridge Road Chanhassen, MIN 55317 Invoice SALESPERSON DATE City of Chanhassen TERMS 7700 Market Boulevard Property Owners List within 500'of 6250 Ridge Road (13 labels) $3.00 P.O. Box 147 TOTAL DUE Chanhassen, MN 55317 CM OF (952) 227-1100 CM&EN TO: Christophe & Nadine Beck 6250 Ridge Road Chanhassen, MIN 55317 Invoice SALESPERSON DATE DESCRIPTION UNIT PRICE TERMS KTIVI 12/24/08 Property Owners List within 500'of 6250 Ridge Road (13 labels) $3.00 upon recei Pod QUANTITY DESCRIPTION UNIT PRICE AMOUNT 13 Property Owners List within 500'of 6250 Ridge Road (13 labels) $3.00 $39.00 TOTAL DUE $39.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for January 6, 2009. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #08-23. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! f, 60 John S. Fess Christmas Lake 6280 Ridge Road Chanhassen, MN 55317 952-474-0045 November 12, 2008 City of Chanhassen Planning Commission 7700 Market Blvd. P. 0. Box 147 Chanhassen MN 55317 Dear Planning Commission: This letter is in response to a request for a variance at 6250 Ridge Road, Case Number B-23, for an out building and deck on the shore of Christmas Lake. Please let me introduce myself. My name is Jack Fess and I live three lakeshore properties south, or within 500 lakeshore feet of the proposed variance request. I purchased a similar lot in 1982 with almost equal lake front, with an almost equal bluff overlooking the lake, and an irregular lot relative to street frontage and side property lines. In fact, of the seven lakeshore homes on the Chanhassen portion of Ridge Road, all properties are on a bluff and all properties are irregular. I have been a long-time member of the Christmas Lake Homeowners' Association for 28 years and a board member for our association for over ten years. I have also been involved in countless lakeshore management meetings put on by city and state agencies relative to Christmas Lake. The goal of each and every meeting is to convince all homeowners that natural vegetation at the lakeshore is critically important for the long-term well being of our lakes. The cities of Shorewood and Chanhassen and their staffs, along with the Minnesota DNR and our local governing county watershed districts, have spent countless time and money trying to preserve the natural setting of our lakeshore. If one looks at the 21 lakeshore homes on Christmas Lake in the City of Chanhassen, one will see that they are all different and, without exception, decks of any type, whether ground or elevated DO NOT EXIST near the bluff or anywhere near the high water mark of lakeshore property. I only know of one exception, which is close to the property in question, and which was constructed in the last six years; whether a Chanhassen building permit was obtained is unknown. It is my understanding that at this property, 6250 Ridge Road, a Chanhassen building permit was not in existence during the time of construction, during late September and into October. SCANNED 00 City of Chanhassen Planning mission November 12, 2008 Page 2 00 It is my position, as a neighbor and as a board member of the Christmas Lake Homeowners' Association, that no variance whatsoever be granted and that the homeowner be forced to conform to all rules and regulations as it relates to lakeshore structures, lot lines and bluff restrictions in the City of Chanhassen. Every property owner is entitled to build according to city building codes, and I am deeply depressed that one of my neighbors would build any lakeshore structure without first contacting the city for proper guidelines, purchasing a building permit and meeting all city lakeshore codes. This example of a lakeshore homeowner not following city regulations and building codes is exactly why our lakeshore has been altered over the years and our local lakes are in distress. In looking over the application for a variance, the homeowner uses examples of not being able to use 80% of their lakeshore. They do not tell you that this home was listed for $2.2 million when they arrived from Europe and that the previous owner professionally paid for lakefront rock and professional lakefront landscaping the previous year. This property and the bluff are no different than their neighbors' properties. There is plenty of room to construct according to city building codes. Thank you for your consideration. Si"ely, ko lack Fess Deanne Sheeley 6280 Ridge Road 6280 Ridge Road 09 Auseth, Angie From: Jeffery, Terry Sent: Monday, November 10, 2008 1:38 PM To: Auseth, Angie Subject: FW: December 2 Planning Commission Meeting Attachments: image003.jpg; City of Chanhassen.docx Terry Jeffery, WDC Water Resources Coordinator City of Chanhassen 9')2.-'-"7.1160 t efferv@ci.chanhassen.mn.us From: Christophe and Nadine Beck [mailto:family.beck@hotmaii.com] Sent: Monday, November 10, 2008 1:18 PM To: leffery, Terry Subject: RE: December 2 Planning Commission Meeting Dear Terry, enclosed the letter, I hope it is okay for you best regards nadine From: Tleffery(&ci.chanhassen.mn.us To: family. beck(cbhotmaii.com Date: Fri, 7 Nov 2008 14:00:31 -0600 Subject: December 2 Planning Commission Meeting 00 Nadine, Per our phone conversation, I am emailing you the language for use in your letter. It should read as follows: "Please remove my items from the December 2 Planning Commission meeting agenda and reschedule for the January 4, 2008 meeting. I also waive the 120 day development review deadline." We will need a letter with your signature but you can email it, fax it or mail it to us. Thank you for your attention to this matter. Please call with any questions. Terry Jeffery, WDC Water Resources Coordinator *( 1-1 � OF UI I \V I 7700 Market Blvd PO Box 147 1 Chanhassen, MN 55317 00 952.227.1168 tieffery@ci.chanhassen.mn.us 00 Stay up to date on your PC, the Web, and your mobile phone with Windows Live Click here 00 00 68 -Z3 October 20, 2008 My OF Christophe Beck 1 1 MNSEN 6250 Ridge Road Chanhassen, MN 55317 Fax:952.227.1110 record of a permit for this construction on file. All structures require either a 7700 Market Boulevard PO Box 147 Re: City Code Violation Chanhassen, MN 55317 compliance with all building and zoning requirements. Fax: 952,227.1190 Dear Mr. Beck: Mininistraillon It has come to the City's attention that there is a structure being constructed at Phone: 952.227.1100 6250 Ridge Road, near the shoreline of Christmas Lake. The City does not have Fax:952.227.1110 record of a permit for this construction on file. All structures require either a Building Inspections Building Permit or Residential Zoning Permit prior to construction, to ensure Phone: 952.227,1180 compliance with all building and zoning requirements. Fax: 952,227.1190 Resources Coordinator, at 952-227-1168. Natural Resources This property is located within the Single -Family Residential IRSF) zoning Engineering district. It is also within the Shoreland Management District. The Shoreland Phone: 952.227.1160 Management District encompasses additional setback requirements for structures Fax: 952.227.1170 near the lake. I have enclosed the Shoreland Management District regulations for Hnance your use. Phone: 952.227.1140 Planner I Fax:952.227.1110 Staff conducted an inspection of the construction on Friday, October 17, 2008 and posted a Stop Work Order on the site. Construction may not proceed until a Park & Recreation permit has been applied for, reviewed for compliance with building and zoning Rm:952.227.1120 standards, and approved by the City. Fax:952.227.1110 Recreation Center A complete copy of the Chanhassen City Code can be viewed on our website at 2310 Coulter Boulevard www.ci.chanhassen.nm.us. Phone: 952,227.1400 Fax: 952.227.1404 Your anticipated cooperation on this matter is greatly appreciated. Should you have any questions, please contact me at 952-2,27-1132 or Terry Jeffery, Water Planning & Resources Coordinator, at 952-227-1168. Natural Resources Rue: 952.227.1130 F8052.227.11110 nce rp Putawaft 1591 Park Pad Angj Ause Phone: 952.227.1300 Planner I Fax: 952,227.1310 Senior Center Enclosure Phone: 952,227.1125 Fax:952.227.1110 ec: Terry Jeffery, Water Resources Coordinator Kate Aimenson, Community Development Director Web Site Jerry Mohn, Building Official www.d.chanhassen.anus cc: Building Permit File gApIm\"\code erdorcemnAangie's letters & photm\6250 ridge rc%rd\6250 ridge rmdAm SCANNED Chanhassen is a Comm unity for Life - Providing for Today and Planning for Tomorrow 00 00 ARTICLE VIL SHORELAND MANAGEMENT DISTRICT* *Editor's note: Section I of Ord. No. 217, adopted Aug. 22, 1994, repealed former Art. VU, §§ 20-476--20-478 and § 4 of the ordinance enacted a new Art. VII as herein set out in §§ 20-476--20486. Prior to repeal, former Art. VH pertained to the Shoreland Overlay District and derived from Ord. No. 80, Art. V, § 23, adopted Dec. 15, 1986. Sec. 20-476. Statutory authorization and policy. (a) Statutory authorization. This ordinance is adopted pursuant to the authorization and policies contained in M.S. ch. 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in M.S. ch. 462. (b) Policy. The uncontrolled use of shorelands of Chanhassen affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and developmentof the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Chanhassen. (Ord. No. 217, § 4, 8-22-94; Ord. No. 377, § 51, 5-24-04) See. 20-477. General provisions. (a) Jurisdiction . The provisions of this ordinance shall apply to the shorelands of the public waters as classified in section 20-479 of this ordinance. Pursuant to Minnesota Regulations, parts 6120.2500 through 6120.3900, lakes, ponds, or flowage less than ten acres in size are exempt from this ordinance. A body of water created by a private user where there was no previous shoreland is exempt from this ordinance. (b) Compliance . ne use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of -water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. (c) Enforcement - The community development director is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of 00 00 conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. (d) Interpretation . In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (e) Abrogation and greater restrictions . It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other articles inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. (Ord. No. 217, § 4, 8-22-94; Ord. No. 377, § 52, 5-24-04) Sec. 20-478. Administration. (a) Permits. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system shall be reconstructed or replaced in accordance with the provisions of this ordinance. (b) Variances. The board of adjustments and appeals or city council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (c) herein shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system. (c) Notifications to the department of natural resources. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivision/plat. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked within ten days of final action. (Ord. No. 217, § 4, 8-22-94) 0 0 00 Sec. 20-479. Shoreland classification system and land use districts. (a) Shoreland classification system . The public waters of Chanhassen have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Carver/Hennepin County, Minnesota. (b) Shoreland area defined. The shoreland area for the waterbodies listed below shall be as defined in section 1-2 and as shown on the official zoning map. (c) Lakes. (1) Natural environmental lakes: TABLEINSET: (2) Recreational development lake: TABLEINSET: Inventory I.D. Number Ordinary High Water Harrison 10-8W 993.6 Rice Lake 27-132P 699.2 Rice Marsh Lake 10-11' 877.0 St. Joe 10-111, 945.2 Silver 27-136P 898.1 (2) Recreational development lake: TABLEINSET: (d) Rivers and streams. (1) Agricultural: Inventory I.D. Number Ordinary High Water Ann 10-12P 955.5 Christmas 27-137P 932.77 Hazeltine 10- 14P 916.8 Lotus 10-6P 896.3 Lucy 10-7P 956.1 Minnewashta 10-913 944.5 Riley 10-2P 865.3 Susan 10-13P 881.8 Virginia 10-15P 929.8 (d) Rivers and streams. (1) Agricultural: 00 X Minnesota River --From west city boundary to east city boundary. (2) Tributary streams: Bluff Creek --From Basin 10-209W to Basin 27-132P (Rice Lake). Riley Creek from Lake Ann (10-12P) to Lake Susan (10-13P). Riley Creek from Lake Susan (10-13P) to Rice Marsh Lake (10-1P). Lake Minnewashta (10-9P) to Lake Virginia (10-15P). Basin 10-212W to Lotus Lake (10-61)). Purgatory Creek --From Lotus Lake (10-6P) to east city boundary. Assumption Creek --From west city boundary to Minnesota River. All protected watercourses in Chanhassen shown on the Protected Waters Inventory Map for Carver County, a copy of which is hereby adopted by reference, that are not given a classification herein shall be considered "tributary" streams. (Ord. No. 217, § 4, 8-22-94; Ord. No. 377, § 53, 5-24-04; Ord. No. 409, § 2, 1-9-06) See. 20-480. Zoning and water supply/sanitary provisions. (a) Lot area and width standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river/stream classification are as follows: (1) Sewered lakes --Natural environment: TABLEINSET: (2) Sewered lakes --Recreational development: TABLEINSET: Riparian Lots Nonripari an Lots Area Width Area Width Single 40,000 125 15,000 90 Duplex 70,000 225 35,000 180 Triplex 100,000 325 52,000 270 Quad 130,000 425 65,000 360 (2) Sewered lakes --Recreational development: TABLEINSET: of go Unsewered lakes --Recreational development: TABLEINSET: Riparian Lots Nonriparian Lots Tributary Area Width Area Width Single 20,000 90 15,000 90 Duplex 35,000 135 26,000 135 Triplex 50,000 195 38,000 190 Quad 65,000 255 49,000 245 Unsewered lakes --Recreational development: TABLEINSET: (3) River/stream lot width standards. There is no minimum lot size requirement for rivers and streams, except those specified in the underlying zoning district. The lot width standards for single, duplex, triplex and quad residential developments for the six river/strrarn classifications are as follows: TABLE INSET: Riparian Lots Nonriparian Lots Tributary Area Width Area Width Single 40,000 1125 15,000 190 (3) River/stream lot width standards. There is no minimum lot size requirement for rivers and streams, except those specified in the underlying zoning district. The lot width standards for single, duplex, triplex and quad residential developments for the six river/strrarn classifications are as follows: TABLE INSET: (4) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subsections (1), (2) and (3) can only be used if publicly owned sewer system service is available to the property. Agricultural Tributary Tributary No Sewer Sewer Single 150 100 90 Duplex 225 150 115 Triplex 300 200 150 Quad 375 250 190 (4) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subsections (1), (2) and (3) can only be used if publicly owned sewer system service is available to the property. 00 00 (Ord. No. 217, § 4,8-22-94; Ord. No. 240, § 13,7-24-95; Ord. No. 240, § 13,7-24-95; Ord. No. 377, § 54, 5-24-04) Sec. 20-481. Placement, design, and height of structure. (a) Placement of structures on lots. When more than one setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: TABLE INSET: Classes of Public Waters Structures Unsewered Structures Sewered Sewage Treatment System Lakes 30 (2) Unplatted cemetery 50 Natural environment 150 150 150 Recreational development 100 75 75 Rivers/streams Agricultural and tributary 100 50 75 One water -oriented accessory structure designed in accordance with subsection 20- 482(e)(2)(b) of this ordinance may be setback a minimum distance of ten feet from the ordinary high water level for lakes. (b) Structure setbacks. The following structure setbacks apply, regardless of the classification of the waterbody. TABLE INSET: Setback (in Setback From: feet) (1) Top of Bluff 30 (2) Unplatted cemetery 50 (3) Right-of-way line of federal, state, or county highway 50 (4) Right-of-way line of town road, public streets, or other roads or streets 20 not classified 00 go (c) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones. (d) Nonresidential uses without water -oriented needs. Uses without water -oriented needs shall be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, shall either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. (e) Design criteria for structures. (1) High water elevations. Structures shall be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed shall be determined as follows: a. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher; b. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flaws and to establish a flood protection elevation. Under all three approaches, technical evaluations shall be done by a qualified engineer or hydrologist consistent with Nlinnesota. Rules, parts 6120.5000 to 6120.6200 governing the management of floodplam areas. If more than one approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities; and c. Water -oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is construed of flood -resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind -driven waves and debris. (2) Water -oriented accessory structures. Each lot may have one water -oriented accessory structure not meeting the normal structure setback in subsection 20- 481(a) if this water -oriented accessory structure complies with the following provisions: 00 00 a. The structure or facility shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks shall not exceed eight feet above grade at any point. b. The setback of the structure or facility from the ordinary high water level shall be at least ten feet; c. The structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions; d. The roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area; e. The structure or facility shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities; and f. As an alternative for general development and recreational development waterbodies, water -oriented accessory structures used solely for watercraft storage, and including storage of related boating and water - oriented sporting equipment, may occupy an area of up to 400 square feet provided the maximum width of the structure is 20 feet as measured paraHel to the configuration of the shoreline. (3) Stairway, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements: a. Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open - space recreational properties, and planned unit developments; b. Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open -space, and recreational properties; c. Canopies or roofs are not allowed on stairways, lifts, or landings; d. Stairways, lifts, and landings maybe either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 0 0 00 e. Stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical; and L Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of this section are met in addition to the requirements of Mnnesota Regulations, Chapter 1341. (4) Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. (5) Steep slopes. The planning director shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. (f) Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed 35 feet in height. (Ord. No. 217, § 4, 8-22-94; Ord. No. 322, § 1, 6-25-01; Ord. No. 377, §§ 55-57, 5-24- 04) Sec. 20-482. Shoreland alterations. (a) Generally . Alterations of vegetation and topography shall be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. Vegetation shall include but not be limited to grasses, forbs, shrubs, trees and vines. (b) Vegetation alterations . (1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by section 20-484 of this ordinance are exempt from the following vegetation alteration standards: (2) Removal or alteration of vegetation is allowed subject to the following standards: 00 00 a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable if permitted as part of a development approved by the city council if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water - oriented accessory structures or facilities, provided that: 1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming leaf -on conditions, is not substantially reduced; 2. Along rivers and streams, existing shading of water surfaces is preserved; 3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards; and 4. The clearing shall be limited to a strip 30 percent of lot width or 30 feet, whichever is lesser, parallel to the shoreline and extending inward within the shore and bluff impact zones. c. In no case shall clear cutting be permitted. (Ord. No. 217, § 4, 8-22-94; Ord. No. 251, § 1, 4-8-96; Ord. No. 377, § 58, 5-24-04) Sec. 20-483. Topographic alterations/grading and filling. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, shall be controlled by this ordinance and chapter 7, article 111. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. (Ord. No. 217, § 4, 8-22-94; Ord. No. 377, § 59, 5-24-04) Sec. 20-484. Placement and design of roads, driveways, and parking areas. (a) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public 00 go waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. (b) Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts. (c) Public and watercraft access ramps, approach roads, and access -related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. (Ord. No. 217, § 4, 8-22-94) See. 20-485. Stormwater managemenL Impervious surface coverage of lots shall not exceed 25 percent of the lot area, except as follows: (1) Tbirty-five percent for medium/high density residential zones; and (2) Seventy percent in industrial zones within the Lake Susan Shoreland District. (Ord. No. 217, § 4, 8-22-94) Sec. 20-486. Sewage treatment. Any premises used for human occupancy shall be provided with an adequate method of sewage treatment, as follows: (1) Onsite sewage treatment systems shall be set back from the ordinary high water level in accordance with the setbacks contained in subsection 20-481(a) of this ordinance. (2) A nonconforniing sewage treatment system shall be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. (3) Ile city council has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. Chanhassen will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time that will not exceed three years. Sewage systems installed according to ail applicable local shoreland management standards adopted under M.S. § 10317.22 1, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area 00 0* separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of onsite sewage treatment systems, shall be considered nonconforming. (Ord. No. 217, § 4, 8-22-94; Ord. No. 377, § 60, 5-24-04) Secs. 20-487--20-500. Reserved. 00 EXHIBIT A 0 0 LEGAL DESCRTPTION: The following described land situated in the County of Carver and State of Minnesota: Tractl 1 That part of Sections I and 2, Township 116, Range 23, described as follows: Beginning at a point in the East line of Section 2, Township 116, Range 23, distant 472.00 feet South of the Northeast comer of said Section 2; thence North along the East line of said Section 2 a distance of 97.00 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to said last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet a distance of 37.24 feet to a point which is the actual point of beginning of the tract of land to be described; last described curve being hereinafter designated and referred to as "Line A"; thence North 79 degrees 45 minutes West 250.02 feet; thence at right angle northeasterly 10 feet; thence at a right angle Southeasterly to the intersection of said line with the Northerly extension of aforesaid "Line A"; thence Southerly along said extension to the point of begirming. Tract 2: That part of Section I and 2, Township 116, Range 23 described as follows: Beginning at a point in the East line of Section 2 distant 472 feet South of the Northeast comer of said Section 2; thence North along the East Line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet, a distance of37.24 feet; thence North 79 degrees 45 minutes West 330 feet, more or less, to the shore of Christmas Lake; thence Southwesterly along the shore of said Lake 150 feet to an intersection with a line bearing north 63 degrees 22 minutes West 326 feet, more or less from point of beginning; thence South 63 degrees 22 minutes East 326 feet, more or less to the point of beginning, excepting therefrom the following described premises, to —wit: That part of Sections I and 2, Township 116, Range 23, described as follows: Commencing at a point in the East Line of Section 2, distant 472 feet South of the Northeast comer of Section 2; thence North along the East line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 33 feet to the point of beginning; thence Southwesterly along said curve to said East line of Section 2; thence South along said East Line of Section 2, a distance of 97 feet; thence North 63 degrees 22 minutes West 326 feet, more or less, to the shore of Christmas lake; thence Northeasterly along the shore of said lake to the intersection with a line bearing north 72 degrees 10 minutes 39 seconds West from the point of beginning, thence South 72 degrees 10 minutes 39 seconds East to the point of beginning. Excepting therefrom that portion, if any, which lies below the natural ordinary low water mark, the State of Minnesota being the owner of all of said portion, if any, lying below the natural ordinary low water mark, it being recognized that said lake is a navigable public body of water, provided, however, that the applicants shall have the usual riparian rights that attach to land riparian to navigable public bodies of water incident to the ownership thereof For the purposes of the descriptions of the above two tracts, the East Line of said Section 2, Township 116, Range 23, is assumed to be a due North and South line. According to the Government survey thereof. LEGAL QESQRIPTIQN.�** 00 CERTIFICATE OF SURVE)** *0 The following described land situated in the County of Carver and State of Minnesota: Tract 1 - That part of Sections I and 2, Township 116, Range 23, described as follows: Beginning at a point in the East line of Section 2, Township 116, Range 23, distant 472.00 feet South of the Northeast comer of sold Section 2; thence North along the East line of said Section 2 a distance of 97.00 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to said lost described curve. a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet a distance of 37.24 feet to a point which is the actual point of beginning of the tract of land to be described; lost described curve being hereinafter designated and referred to as *Une A*; thence North 79 degrees 45 minutes West 250.02 feet; thence at right angle northeasterly 10 feet; thence at a right angle Southeasterly to the intersection of sold line with the Northerly extension of aforesaid *Une AO; thence Southerly along said extension to the point of beginning. Tract 2- That part of Section 1 and 2, Township 116, Range 23 described as follows: Beginning at a point In the East line of Section 2 distant 472 feet South afthe Northeast comer of sold Section 2; thence North along the East Line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to lost described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet. a distance of 37.24 feet; thence North 79 degrees 45 minutes West 330 feet, more or less, to the shore of Christmas Lake; thence Southwesterly along the shore of said Lake 150 feet to an intersection with a line bearing North 63 degrees 22 minutes West 326 feet, more or less from point of beginning; thence South 63 degrees 22 minutes East 326 feet, more or less to the point of beginniing. excepting therefrom the following described promises, to—wit: That part of Sections 1 and 2, Township 116, Range 23, described as follows: Commencing at a point in the East Une of Section 2. distant 472 feet South of the Northeast comer of Section 2; thence North along the East line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 33 feet to the point of beginning; thence Southwesterly along sold curve to said East line of Section 2; thence South along said East Line of Section 2, a distance of 97 feet; thence North 63 degrees 22 minutes West 326 feet, more or less, to the shore of Christmas Lake; thence Northeasterly along the shore of said lake to the intersection with a line bearing North 72 degrees 10 minutes 39 seconds West from the point of beginning, thence South 72 degrees 10 minutes 39 seconds East to the point of beginning. Excepting therefrom that portion, if any, which lies below the natural ordinary low water mark, the State of Minnesota being the ownerof all of said portion, if any, lying below the natural ordinary low water mark, It being recognized that said lake is a navigable public body of water, provided, however, that the applicants shall have the usual riparian rights that attach to land riparian to navigable public bodies of water incident to the ownership thereof. For the purposes of the descriptions of the above two tracts, the East Line of said Section 2, Township 116, Range 23. is assumed to be a due North and South line. According to the Government Survey thereof. k Co 0) 4u 112 INCH 'RON PIpC SOUTHERLrM W/ CAP #1 N7,9-4 #7003 OUTBUILDIN,OST CORNER 5 00"W NORTH OF. (� I OF NORS F 'ET - 'V N 0" T� , �IFAD LIN TH D EET 82 EED UNE 71 -4 COD ',E -N C .40 /if UE" C 112 INCH /eON S FROM FEET To 3.5 F��Eir I's W/ CAP PIPE S #17003 NORTH UTH OF' jTEPS DEED :51 C, p "RON C,1P 74.. e9a Cv OU 71, DecIVU/0INC W 1,2 'Z�7- er 7.0 OA4 SOU SOUN 0.2 N OF IN5H61fIR ON In ** TOP OF 112 N79-45,0 IPE —_ 9;'6.41 0 It W 6A (NGvD 29) AIL IN MEE ROOT Pj C) 0 .P CS 6P1hCN_ V Tz�l A�t�ckej V 444 'RON "V IV PIP, 9`31 "P 11,9840 109 4CIC4_,w,� PREPARED FOR: NADINE BECK 6250 RIDGE ROAD CHANHASSEN, MN 55317 Uj LI: sctrle, in Feet 0 20 LEGEND: FOUND SURVEY MARKER (AS NOTED) _.��WOOD FENCE NOTES: 1) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE INSURANCE COMMITMENT. 2) ADDRESS OF THE SUBJECT PROPERTY: 6250 RIDGE ROAD, CHANHASSEN, MIN 55317 P.I.D.:250020100 3) BEARING BASIS IS ASSUMED. it Q CQ CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Z SVNED Travis W. Van Neste, Minnesota Professional S r,144109 al Su= Michigan Profession r 6695 JOB # 2008033 ISSUED: 11-05—iH� DRAWN BY: T" REV: SCALE I' — 20 FEET VAN NESTE SURVEYING PROFESSIONAL SURVEYING SERVICES 85 WILDHURST ROAD EXCELSIOR, MN 55331 VNS PHONE (952) 686-3055 TOLL—FREE FAX (866) 473-0120 WWW.VANNESTESURVEYING.COM SHEEr I OF 1 0 > Af 40 co N.79 o45 �,� ,,, R SEP4CHAjA F?k 4 00 //X 990.3 \",(/990.1 C) EXISTING H( 0 Z 0 F: P pp P 9 8 1 Z- 8 1 L=1 .76 L =JJ. 00 R=65.55 L=4776 A --2,R '50'419 A--- 12'54 A 3. /7 A 160 -985.8 APPROWL) BY: --p f -4 - DEPT.: f� Iq 4 DATE: BY; 1�� DEPT ': flc-� DATE: 7/7/11%-f BY; 'y' DEPT.: INSTALL TyPt'A EROSION CONTROL '-R FENCING AS tgo vN ON THE PLAN AND, - CERTIFICATE OF SURVEY PRIOR To EXCAVATION AND MAINTAIN UNTIL L,N 15 FULLY VEGETATED., DURING WINTER CONSTRUCTION STAKED HAY BALES MAY ,E UM IN LIEU OF FENCING BENCHMARK Top of building offset iron as noted Elevation = 976.41 (N.G.V.D-1929) GENERAL NOTES 1. Bearings shown are based on the east line of Section 2 having an assumed bearing of North. Denotes DATE BY GENERAL NOTES iv 12/13/02 I- �Ij DRM 1 Orientation of the bearings used for this 2 10/30/03 B A LPB survey is based on an assumed datum PROPOSED HARD COVER AREA.w Denotes 2. 0 - Denotes iron monument. ROTATED STORAGE GARAGE 4 06 23ZO4 3. 0 - Denotes iron monument set HOUSE 2,291 Sq. Ft. 4. x89O.O - Denotes existing spot elevation. 9-'2.4 6 0 Q SCREEN PORCH �Czl Ft. 6.-.-�- Denotes direction of surface drainage. CONCRETE 284 Sq. 932.5 7. Proposed garage floor = 981.0 DRIVEWAY 932.4 Ft 2 24 8. Proposed top of foundation = 981.5 0 > Af 40 co N.79 o45 �,� ,,, R SEP4CHAjA F?k 4 00 //X 990.3 \",(/990.1 C) EXISTING H( 0 Z 0 F: P pp P 9 8 1 Z- 8 1 L=1 .76 L =JJ. 00 R=65.55 L=4776 A --2,R '50'419 A--- 12'54 A 3. /7 A 160 -985.8 APPROWL) BY: --p f -4 - DEPT.: f� Iq 4 DATE: BY; 1�� DEPT ': flc-� DATE: 7/7/11%-f BY; 'y' DEPT.: INSTALL TyPt'A EROSION CONTROL '-R FENCING AS tgo vN ON THE PLAN AND, - CERTIFICATE OF SURVEY PRIOR To EXCAVATION AND MAINTAIN UNTIL L,N 15 FULLY VEGETATED., DURING WINTER CONSTRUCTION STAKED HAY BALES MAY ,E UM IN LIEU OF FENCING BENCHMARK Top of building offset iron as noted Elevation = 976.41 (N.G.V.D-1929) GENERAL NOTES 1. Bearings shown are based on the east line of Section 2 having an assumed bearing of North. SCHOELL & MADSON, INC ENGINEERS * SURVEYORS * PLANNERS SOIL TEsnNG * ENVIRONMENTAL SERVICES 10580 WAYZATA BOULEVARD, SUITE 1 MINNETONKA, MN 55305 (952) 546-7601 FAX:(952) 546-9065 OIWM,G�S. 1:1 C0P)1?1CHTo2004 or NO. Denotes DATE BY GENERAL NOTES 1_ 12/13/02 0 BE.B.2 DRM 1 Orientation of the bearings used for this 2 10/30/03 B A LPB survey is based on an assumed datum PROPOSED HARD COVER AREA.w Denotes 2. 0 - Denotes iron monument. ROTATED STORAGE GARAGE 4 06 23ZO4 3. 0 - Denotes iron monument set HOUSE 2,291 Sq. Ft. 4. x89O.O - Denotes existing spot elevation. 6 5. x(890.0) - Denotes proposed spot elevation. SCREEN PORCH 198 Sq. Ft. 6.-.-�- Denotes direction of surface drainage. CONCRETE 284 Sq. Ft. 7. Proposed garage floor = 981.0 DRIVEWAY 3,113 Sq. Ft 8. Proposed top of foundation = 981.5 9. Proposed basement floor = 973.0 BRICK WALKWAY 335 Sq. Ft. 30 10. House is a Walkout ACCE-SORY--STRLJC-TU1RES- N Sq. Ft. 11. Date of last field survey. STORAGE GARAGE 806 Sq. Ft. 12. x(890.0)CP - Denotes critical point elevation. ROCK -WALLS--- -44--Sq. Ft. BITUMINOUS ROADWAY 494 Sq. Ft. 982 � Denotes proposed contour line -982- Denotes existing contour line TOTAL HARD COVER 7,656 Sq. Ft. 23.8 % PP -0- Denotes Power Pole LOT AREA 32,241 Sq. Ft. C>C=)� Denotes Proposed Retaining Wall SCHOELL & MADSON, INC ENGINEERS * SURVEYORS * PLANNERS SOIL TEsnNG * ENVIRONMENTAL SERVICES 10580 WAYZATA BOULEVARD, SUITE 1 MINNETONKA, MN 55305 (952) 546-7601 FAX:(952) 546-9065 OIWM,G�S. 1:1 C0P)1?1CHTo2004 or NO. Denotes DATE BY REVISIONS I DESCRIPTION CK'D 1_ 12/13/02 0 BE.B.2 DRM ADDED REAR COVERED ENTRY 2 10/30/03 B A LPB ADDED STORAGE GARAGE 3 11/19/03 Denotes LPB ROTATED STORAGE GARAGE 4 06 23ZO4 GS NEW GARAGE, REVISE HARDCOVER 5 Pine 6 This drawing has been checked and reviewed this Z4-rg day of , /U' -r , 20 �e<- by � 7-? 61 /,/ JOB BOOK NUMBER: (122-11) FIELD BOOK: 578 PACE: 60 CERTIFICATION I hereby certify that this survey was orepared under my supervision and thal. I am a Licensed Land Surveyor under Ihe laws of the State of Minnesota. A OLJ -�- �-k� - DANIEL G. NICKOLS Date:/,/Z4/ZeP4f License No. 1983�) LOCATION 20 0 20 40 60 Scale in Fee+. rot DESCRIPTION I S E Tract 1: That part of Sections 1 and 2-116-23, described as follows: Beginning at a point in the East line of Section 2-116-23, distant 472.00 feet South of the Northeast comer of said Section 2; thence North along the East Line of said Section 2 a distance of 97.00 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet a distance of 47.76 feet; thence North 41*45' East on a line tangent to said last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet a distance of 37.24 feet to a point which is the actual Point cf beginning of the tract of land to be described; lost described curve being hereinaftef. designated and referred to as "Line A"; thence North 79*45' West 250.2 feet; thence at right angle northeasterly 10 feet; thence at a right an%le Southeasterly �o intersection of said line with the Northerly extension of aforesaid Line A"; thence Southerly along said extension to the point of beginning. Tract 2: That part of Section 1 and 2, Township 116, Range 23, described as follows: Beglrr"KN at a point in the East Line of Section 2 a distant 472 feet South of the Northeast �,vrrle- of said Section 2; thence North along the East Line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet a distance of 47.76 feet; thence North 41'45' East on a line tangent to last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet, a distance of 37.24 feet; thence North 79*45' West 330 feet, more or less, to the shore of Christmas Lake; thence Southwesterly along the shore of said Lake 150 feet to an intersection with a line bearing North 63*22' West 326 feet, more or less, from point of beginning; thence South 63*22' East 326 feet, more or less to the point of beginning, excepting therefrom the following described premises, to - wit: That part of Sections 1 and 2, Township 116, Range 23, described as follows: Commencing at a point in the Eost Line of Section 2, a distant 472 feet South of the Northeast comer of Section 2; tlience North along the East line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet; a distance of 33 feet to tite point of beginning; thence Southwesterly along said curve to said East fine of Secticit 2; thence South along said East Line of Section 2, a distance of 97 feet; thence Norill 63*22' West 326 feet, more or less, to the shore of Christmas Lake; thence Northeasterly along the shore of said Lake 75 feet; thence easterly on a straight line to the point of beginning. Excepting therefrom that portion, if any, which lies below the natural ordinary low watermark, the State of Minnesota being the owner of all of sold portion, if any, lying Lelow the natural ordinary low water mark, it being recognized that sold lake is a navigable public body of water, provided, however, that the applicants shall have the usual riparian rights that attach to land riparian to navigable public bodies of water iioicident to the owner-h1p thereof. For the ourposes of the descriptions of the above two tracts, the East Line of said Section �, Township 116 -Range 23, is assumed to be a due North and South Line. 'rREE LEGEND Number following abbreviation dcootes estimated diameter in inches, three feet ak;ove ground level. The second number (if any) denotes the number of trunks at that location (1 denotes a dead tree). 0 Denotes deciduous tree. Example: 0 BE.B.2 -i *-- Denotes coniferous tree. B A Denotes Basswood M Denotes Maple 0 Denotes Oak Denotes Tree to be removed PI Denotes Pine SPECIAL NOTES 1he call of "thence northeasterly along the shore of said Lake 75 feet" contained in the desciption is ambiguous. Wehave established this as the point of tangency of a straight line from the point ofbeginring of the described exception with an arc having a radius of 75.00 feet onl centered at the west end of a line described as having a bearing of North 6322' West and a length of 326 feet. Werecommend that a qualified real estate attorney be consulted to determine a prper remedy to this issue. Th, survey upon which this map is based was peformed without benefit of either an attornejs title op4on or a title commitment. 6250 RIDGE ROM CHANHASSEN, MINNEMTA _CLIEN T COTTAGEWOOD PARTNEINR�� S.M.l. PROJECT NO. 63883-001