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CAS-28_RUELLE, JAMES & KRISTINtt., rrr� fzy PAZ DOC( c4xz 3 5Ct5GN Pv^{Cr1 ( / oro�rn / rM 6.75 feet / 9 foot Setback / _ = Living Area / ■ = Eaves Overhang �I �.pClM�I i 1' M I . onavaawows uaaoeravasciroxodozdJavaltrna .ate,:, o unxu ,�,,.�,� �� ,,, ,. N F.rw'n IYturIW�lr'4+ NflNJGYN�IN16XUr up,7�(}]!ul � .w�.uaw re.� u��Jy Gl Y7XJ 47SOdOdU T1J�(Py]Y dl17(ib �oaA'�avic an tie�a v awr�a sws g, 'CITY OF CHANHASSEN RECEIVED AUG 0 5 2004 CHANHASSEN PLANNING DEPT r PROP05CU Yuw xatl111P.P.4r JAM NffT!]f�/A1JNn IML1dlK�J��[L wy�+wc ro--�� Jura F� yrs» �15rrt� u`wn�nr lkC 9WS IC)XOd N05Yd54JYJdo 6?50dObd d7J]657d'Jttd(id' ♦cve��lav� ,.SURVEY FOR: LUNDGREN BROS. CONST.p4';; O� ('0' O'� ,r;i•�pQ-fid. `r�Q-y�i` i „�� aa� �Q'•ti�Ly®P LONGACRES DRIVE,;�'S 0 '� _ _ SANITARY SEW P 0. CT) w�0 w 0 N N eV O Z. 3;730 — — E. _ �r' •(i' .\�'� 5�p c.iQ' MANHOLE "z '09°E__ -------- �ti 43 10 WATERMAIN �4r f� p 5g•04 1 '�-------- T00. 0) 1.3 �NJ aSY0 41 SEWER �J I I '10o R-33 CURB 1006.6• CASIN'1 \z� 0.00 L=153.04 t �— 0059 9 N t/1 I I — 10 ' t.a ZS �� o rill 1,0,o,p5• I �' S o i 2 _ –1 r�\1 \ N x`OT0.9 i1 bg m 1 'I FIREPLACE CANT. \ o 0 1 `2' CANT. N I I .0 n Qi Yi0. 0 g\ I 1 (ASfMfN7 This drowin9 hosbeen checked and reviewed thls �n0 6 day of by N77a,3,2 g SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING ENVIRONMENTAL SERVICES 10580 WAYZATA BOULEVARD, SUITE 1 MINNETONKA. MN 55105 (612) 546-7601 FAX:546-9065 30.5 ii J l°x'53 p \\\ I r0 0 -455 553/55 (90-52) DESCRIPTION: t `9d 9jla � r7, i n o m >( ,0 r��iFl�i�iN,�}a 21,22—ME"', r.� n!' 4 S}oe :)';l n' o -_. .',p , �P.. , GENERAL NOTES: 1. • – Denotes iron monument. 2. x890.0 – Denotes existing spot elevation. 3. x(890.0) – Denotes proposed spot elevotion. 517= /i -T f -vv / 11V kpp rxcAvI?nat). s E EF #77,N(fNr_D S o APPROVED �� i7 DEPT: F''y9 DATE: 9•19—f DATE: a' 17' `1S DATE: rjF �ekh�ie(rlily that this survey was prepared under my supervision and that I am o Licensed Land ,��S()+urveyor under the lows 1 Ip h4 st nesot . ��/,J Theodore D. Nemno Dole: July 29, 1998 License No. 17006 CONTACT DEVELOPER FOR SANITARY SEWER AND WATER SERVICE LOCATION 40 0 40 80 120 Feet CPTY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of James and Kristen Ruelle for a side yard setback variance to construct a three -season porch and attached deck. On September 7, 2004, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of James and Kristen Ruelle for a side yard setback variance to constrict a three -season porch and attached deck located at 7200 Lodgepole Point. 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 Planned Unit Development - Residential (PUD -R)• 2. The property is guided by the Land Use Plan for Residential - Low Density. 3. The legal description of the property is: Lot 16, Block 4, The Woods at Longacres, 4'" Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. The literal enforcement of the ordinance does not create a hardship because the design of the three -season porch can be altered to maintain the required side yard setback. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. In this case, because it is in a PUR- R zoning district, a reasonable use is a single-family home with a two -stall garage. The property owner currently has reasonable use of the site. Approving this variance will depart downward from pre-existing standards and set a precedent. b. The conditions upon which this variance is based are applicable to all properties in the PUD -R zoning district. c. The three -season porch will increase the value of the property. However, staff does not believe that is the sole reason for the request. d. The applicant has chosen a three -season porch design that will not maintain the required setback and, in doing so, has created the hardship. e. The granting of a variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 5. The planning report #04-28 Variance dated September 7, 2004, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen City Council the variance to allow the construction of a three -season porch with attached deck within the required side yard setback. ADOPTED by the Chanhassen City Council on this _`s day of , 2004. CHANHASSEN CITY COUNCIL M Its Mayor ATTEST: City Manager Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J, jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Brendan J. Flaherty Marguerite M. McCarron Gina M. Brandt - Also Licensed in Wisconsin 1380 Corporate Center Curve Suite 317 • Fagan, MN 55121 651452-5000 Fu 651-452-5550 www.ck-law.com 6 0 CAMPBELL KNUTSON Professional Association December 14, 2004 Ms. Kim Meuwissen Chanhassen City Hall 690 City Center Drive PO Box 147 Chanhassen, MN 55317 Dear Kim: RECEIVED DEC 15 2004 CITY OF CHANHASSEN Enclosed herewith for your files is the original recorded Variance No. 04- 28, recorded with the Carver County Registrar of Title on November 30, 2004, as Document No. T 149904. If you have any questions regarding the above, please give me a call. cjh Enclosure Very truly yours, Campbell Knutson PV- By: i t oeft egassstant SCANNED y Document I* OFFICE OF THE T 149904 REGISTRAR OF TITLES IIIIII VIIIIIIIIIIIIIVIIIVIIIIIIIIIII CARVER he ## 2COUNTY, 198 TM Fee: MINNESOTA 0 0 C Certified and filed on 11-30-2004 at 09:00 El -AM ❑ PM ?0114-11 -10 11111111111111111111111 lllllllll lllllllllllllllllllllll Reg strar of Hanson, CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 04-28 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: A 6.75 -foot side yard setback including the eaves, as shown on the plans stamped "Received August 5, 2004". 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 16, Block 4, The Woods at Longacres 4`s Addition 7200 Lodgepole Point 3. Conditions. The variance approval is subject to the following conditions: a. A building permit must be applied for within one year of approval of the variance or it shall become void. b. The proposed addition must be built per plans stamped "Received August 05, 2004." c. The proposed addition must not encroach into the existing 5 -foot drainage and utility easement. 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: September 7, 2004 SCANNED At CITY OF CHANHASSEN BY--<Z�Lf� (SEAL) Thomas A. Fuurrll/onng�,,' ♦ X� - UF - Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) DD The foregoing instrument was acknowledged before me this&4ay of r iu v 2004 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. N Y P LIC �AFR�lf1,/1AAs:lu V iiilU.f iilHA/'.r� KAREN d. ENGELHARDT A•I Notary Pllbl ic- Minnesota MAY Commission Expires 1131005 fU"W Yyvvwwwwwv�> 101t 10.2120 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 g 1plan\2004 planning cases\04-28 - ruelle variance -7200 lodgepole point\r ording docum adoc 2 SCANNED D CITY OF CHANHANEN 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 ❑ Shop drawings ❑ Copy of letter LETTER OFRANSMITTAL DATE 9/24/04 Sue Nelson Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/7/04 04-28 Variance No. 04-28 (Lot 16, Block 4, The Woods at Longacres 4 Addition - 7200 Lode ole Point ❑ FORBIDS DUE THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: James & Kristen Ruelle ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED: Kim Meuwi es n, (952) 227-1107 It enclosures are not as noted, kindly notify us at once. SCANNED 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, M iNESOTA VARIANCE 04-28 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: A 6.75 -foot side yard setback including the eaves, as shown on the plans stamped "Received August 5, 2004". 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 16, Block 4, The Woods at Longacres 4m Addition 7200 Lodgepole Point 3. Conditions. The variance approval is subject to the following conditions: a. A building permit must be applied for within one year of approval of the variance or it shall become void. b. The proposed addition must be built per plans stamped "Received August 05, 2004." c. The proposed addition must not encroach into the existing 5 -foot drainage and utility easement. 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: September 7, 2004 0 CITY OF CHANHASSEN BY�— (SEAL) Thomas A. Furlong, Mayor Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) DD The foregoing instrument was acknowledged before me this&%4ay of 2004 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. KAREN J. ENGELHARDT �s NotaryPublic- Minnesota 4i[yyn Ny Commission Expires i 3ij=5 ,roes= VVVVVVVVVVVVVVVY 117,7: U-1-0 WWI City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 gtplan\2004 planning cases\04-28 - fueae variance -7200 lodgepole point\=ording doc Lcloc 2 Administration 0 0 Phone: 952.227.1100 September 21, 2004 CITY OF This letter is to formally notify you that on September 7, 2004, the Chanhassen Planning CHMSEN James & Kristen Ruelle 7200 Lodgepole Point 7700 Market Boulevard Chanhassen, MN 55317 PO Box 147 Chanhassen, MN 55317 Re: Variance, 7200 Lodgepole Point — Planning Case #04-28 Administration Dear Mr. & Mrs_ Ruelle: Phone: 952.227.1100 Fax: 952.227.1110 This letter is to formally notify you that on September 7, 2004, the Chanhassen Planning Building Inspections Commission approved the following motion: Phone: 952.227.1180 Fax: 952.227.1190 "Planning Commission approves Variance 04-28 for a 6.75 -foot setback as shown on the Engineering plans stamped "Received August 5, 2004" with the following conditions: Phone: 952.227.1160 Fax: 952.227.1170 1. A building permit must be applied for within one year of approval of the variance or it shall become void. Finance Phone: 952227.1140 Fax: 952.227.11102 The proposed addition must be built per plans stamped "Received August 05, 2004.,, Park & Recreation Phone: 952.227.1120 3. The proposed addition must not encroach into the existing 5 -foot drainage and Fax:952.227.1110 utility easement." Recreation Center 2310 Coulter Boulevard You will still need to apply for a building permit prior to beginning construction on the Phone: 952.227.1400 Fax: 952.227.1404 three -season porch. Please contact the building department directly for information regarding the building permit process at 952-227-1180. The variance shall become void Planning & within one (1) year following the approval, September 7, 2005, unless a building permit Natural Resources has been issued and construction begins on the home expansion. If you have any Phone: 952.227.1130 questions or need additional information, please contact me at 952-227-1132 or by email Fax: 952.227.1110 at imetzer@ci.chanhassen.mn.us. Public Works 1591 Park Road Sincerely, Phone: 952.227.1300 Fax: 952.227.1310 Senior Centeros�J h�tzer Phone: 952.227.1125 Fax: 952.227.1110 Planning Department Web She ec: Steve Torell, Building Official wwwci.chanhassen.mn.us Matt Snam, Assistant City Engineer GAPLANx2004 Planning Cas \04-28 - Ruelle Variance -7200 l.adgepole PoinAVariance approval.doc SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. o4 - z%, Planning Commission SuAry — September 7, 2004 2. Less than or equal to 60 degrees from horizontal of the beam. 3. Less than or equal to 60 -watt incandescent light. 4. Aimed at a spot less than or equal to 10 feet from the ground. All voted in favor, except Lillehaug who opposed, and the motion carried with a vote of 4 to 1. PUBLIC HEARING: (PUD -R), LOCATED AT 7200 LODGEPOLE POINT, .TAMES & KRISTIN RUELLE — PLANNING CASE NO. 04-28. Public Present: Name Address Jim Ruelle 7200 Lodgepole Point Josh Metzer presented the staff report on this item. Commissioner Papke asked about the elevation difference between the subject house and the neighboring house. Commissioner Lillehaug asked if the City had a potential need for a full 9 -foot side yard easement. Chairman Sacchet asked about the patio door, the angle the house was constructed on the lot, and the specifics of two previous variance requests in the neighborhood. Commissioner Keefe asked about the design of the porch and deck, and comparison of a similar variance. The applicant, Jim Ruelle, addressed the Planning Commission and answered questions from the Commission. After discussion, the following motion was made: Papke moved, Tjornhom seconded that the Planning Commission approves Variance 04-28 for a 6.75 -foot setback as shown on the plans stamped "Received August 5, 2004" with the following conditions: 1. A building permit must be applied for within one year of approval of the variance or it shall become void. 2. The proposed addition must be built per plans stamped "Received August 05,2004." 3. The proposed addition must not encroach into the existing 5 foot drainage and utility easement. All voted in favor, except Papke who opposed, and the motion carried with a vote of 4 to 1. PUBLIC HEARING: 2 *CAN"o Planning Commission Mee — September 7, 2004 • 1. Less than or equal to 14 lights. 2. Less than or equal to 60 degrees from horizontal of the beam. 3. Less than or equal to 60 -watt incandescent light. 4. Aimed at a spot less than or equal to 10 feet from the ground. oq-z,� All voted in favor, except Lillehaug who opposed, and the motion carried with a vote of 4 to 1. Sacchet: We have 4 to 1 which is 80% so it actually carries. I do want to emphasize the importance of bringing this up with Council. Frankly, what made me go for this is that we do have a Council work session scheduled in, how much, a week or two? Generous: Monday the 13`s. Sacchet: The 13`h. One week. I think we have to bring it up there and make it clear because with that in the picture I don't think it was necessary to send it to Council to catch their attention and create potentially an order of difficulty for the applicant. So that's my comment here. Did you want to state, I guess you stated your opposition, its clear enough, Steve. Lillehaug: It passes; it doesn't have to go to Council, correct? Sacchet: It does not; we would have to have needed two oppositions for it to go to Council. Alright, thank you very much. Good luck. With that, we get to our second item. PUBLIC HEARING: VARIANCE TO THE SIDE YARD SETBACK TO CONSTRUCT A THREE -SEASON PORCH ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT -RESIDENTIAL 1pim-Rl_ i.nvATFn AT 7?110 ifNl(_FPnl.F P(NNT_ 1AMFC & KR1CTiN RiiF.i7.F. _ Public Present: Name Address Jim Ruelle 7200 Lodgepole Point Josh Metzer presented the staff report on this item. Metzer: Chairman Sacchet, members of the Planning Commission. I am Josh Metzer. I'm an intern with the Planning Department. The next item before you is a request for a variance from the side yard setback for the construction of a three -season porch. As you can see, this site is corner lot located southwest of the intersection of Lodgepole Point and Longacres Drive. The property is zoned Planned Unit Development -Residential. The applicant is proposing the construction of a three -season porch. This porch will be located 6.75 feet from the southern property line. Therefore, the applicant is requesting a 2.25 -foot side yard setback variance from 15 Planning Commission Meeng — September 7, 2004 the required 9 -foot setback. One of the conditions of approval for The Woods at L.ongacres subdivision allowed interior side yard setbacks of 9 feet for living areas. For the purposes of this variance, the side yard setback was measured from the eaves of the proposed porch rather than the footings. Typically, eaves are permitted to encroach two feet, six inches into required setbacks; however, for variances granted from a required setback, they are not entitled to such an encroachment. Staff realizes that the portion of the porch which will require a variance is minimal at 4.68 square feet; however, in order to recommend approval of a variance, a hardship must exist and staff has determined that the applicant could build a three -season porch without the need for a variance by choosing a design which is different or is angled. The current design could be angled. Therefore, staff sees this as a self-created hardship. Staff has reviewed variance applications Sled for properties within 500 feet of the subject property. One request for a 26 -foot wetland setback was approved for a patio, and another request for a 4 -foot side yard setback and a less than 20 -foot separation between neighboring buildings was denied for a screen porch. Staff has recommended denial of this application based on the fact that applicant has not demonstrated a hardship, the applicant has a reasonable use of the property, and there is sufficient area on the property to construct a three -season porch meeting required setbacks. Should the Planning Commission choose to approve this variance, there are a set of conditions located on page 6 of the staff report. Sacchet: Thanks, Josh. Questions for staff? Kurt? Papke: Yeah, I'll start. What is the elevation difference between this house and the adjacent house to the south, if any? Metzer: I'm not sure what the difference in elevation is. The back of the house is a walkout from the front so from the front yard to the back yard it drops about the elevation of equal to a... Papke: But how about the change in elevation from this property to the property to the south on which we're encroaching. Metzer: The back yard where the proposed three -season porch would be located, I believe there is not a great difference in elevation. Maybe Jim Ruelle could better give us an idea. Ruelle: The elevation is the same as the neighbors. Papke: Pretty much level? How about the distance to the neighboring house to the south? Metzer: The distance between the current structures, the existing structures, is 33 feet and the distance between the proposed three -season porch and the neighboring structure is 35 feet so they're within that 20 -foot separation. Papke: I think there was a mention that there are some trees separating these two houses. Yes? No? Metzer: No, there is not. 16 Planning Commission MAg — September 7, 2004 • Ruelle: ... tree that separates... Papke: There's one tree? Ruelle: ...one tree that... Sacchet: We'll have you up in a minute... Papke: Okay. That's all. Sacchet: Steve, go ahead. Lillehaug: Does the City, do you know if the City has any potential need for a full 9 feet on this side as far as a emergency response access, future utility easement, something like that? Metzer: There is currently a 5 -foot utility and drainage easement... Lillehaug: So 5 -foot on each side of the property line? So there will be a 10 -foot path that's reserved by the D & U easement? Metzer: This PUD was allowed to have 9 -foot side yard setbacks so yes, between the two properties yes, 10 feet. Lillehaug: Thanks. Sacchet: A couple of quick questions. So the 9 -foot side yard setback was something specific to this PUD when that was created? Metzer: Correct. Sacchet: Now, there is actually an existing patio door that is not going to be centered to that porch. It's actually just going to be barely in that porch? They already accommodated as much as they can by actually putting the wall right up to the patio door? Metzer: That's correct. Sacchet: So when this plan came in, City staff didn't realize that this was kind of a unique angle? It seems like in fact Lundgren Bros. having goofed a little bit, isn't it? Metzer: Staff realized that the home was constructed at a funny angle. Sacchet: The angle of the home, it makes sense it's angled that way so its away from the road and all that but to it that much onto that short setback basically made it impossible to build the porch flush with the building from the very start. I would think ideally staff would catch something like that when a site plan review comes in. I don't know, as an intern it's probably unfair to ask you this question and Bob is safely there operating the video equipment but I think 17 Planning Commission Mig — September 7, 2004 • that's a valid question ultimately if you really try to figure out what's the root cause of this here? Root cause is the way this house is situated and you can say, well Lundgren goofed, but then we have to turn around and say, well why didn't City staff catch that? So we goofed also. Metzer: Actually, there is another piece. The application for the variance that was denied was also in the same development... Sacchet: That was my next question. We have two comparable variances. One was denied in 2000 and the other one was approved a year ago. Can you tell us a little bit the specifics of that please? Metzer: The one that was denied, the way the home was angled on the lot and the shape of the lot itself are almost identical to Ruelle's property and it was the same situation. They wanted to build a three -season porch at the comer of the lot which was going to encroach, I believe 4 feet into the side yard setback and it was also going to create a less than 20 -foot separation between neighboring structures. Sacchet: So there was much more encroachment than what we're talking about here? Metzer: Right. As far as the neighboring building is concerned, but yes, it was almost identical. Sacchet: Identical in terms of the type of request but it was not identical in terms of the space that was left between the buildings? Metzer: The angles of the homes were built the same. Sacchet: So there was another one of those? Metzer: I'm just stating that this might have been Lundgren Bros.' shortcoming. Sacchet: They were consistent with it. Keefe: It's a good question for comparative purposes. The one that was denied was, there's 20 - foot separation between the proposed improvement and the house next door. This one we're looking at 35 feet, correct? Metzer: Correct. Keefe: So we really, there's 15 additional feet that would be on this if it were to be approved. Sacchet: So there were two aspects to that other one that led to denial, one of them which are comparable to the one we have in front of us, correct? Metzer: The reason that those were denied, the Commission stated that the applicant had reasonable use of the property and that a hardship was not demonstrated. 1V Planning Commission Mig — September 7, 2004 • Sacchet: Okay. And then the wetland setback? I guess most of us would remember that one. That was the one with the pavers, right? Keefe: In terms of the design, I think I noticed somewhere in here that staff thought that the porch and deck could be accommodated through a different design. Can you speak to that a little bit, just in terms of... Metzer: If you look at the area of living space, if that small bit of living space were eliminated, the eave, we wouldn't have to count the eaves in the variance. They could have been overhanging. So it's just that one small section that could be designed in a different way. Keefe: Would it line up appropriately with the sliding glass door and be a standard, it looks like... Sacchet: It already does line up with the sliding door. The sliding door is at the very edge. If you look at the plan, it's actually pretty dramatic. Like this one, you see it. The door is actually flush with the wall of the porch already, they went the max they can. Keefe: But if you slid it ... to get it within, you would need to move it over 4 feet or something like that with 2 foot of right in the edge, right in the middle of that door. It looks like it matches right at the edge. Sacchet: It would be in the middle of the door if went the same distance. Keefe: Right. And it looks like the way they've got it now it goes up over the door itself, if you look at these drawings. Papke: If you move it over anymore it's going to block windows. Keefe: Right. Metzer: No, I don't mean move the entire porch over. I'm just talking placement of the one footing. Sacchet: Now, you made an interesting other point, Josh. You said that we consider only the structure, the building, and not the overhang? Metzer: If that part of the structure was eliminated, then there would be no need for a variance because our code permits... Sacchet: If it's only the overhang that encroaches then it's not a variance need. I think that's significant, too. Metzer: Right ... In the case of a variance they have to include... Sacchet: Okay. Any more aspects, Dan, that you wanted to ask? 19 Planning Commission McRng — September 7, 2004 • Keefe: One little question. In comparison to the 2000 variance that was denied, you say it was a 4 -foot side, now is that... Metzer: I'm not exactly sure how many feet it was. Keefe: So here we're asking for 2.25 -foot variance. Was this a 4 -foot variance or was this the actual setback, in comparison? Metzer: They were requesting a 4 -foot variance from the 9 -foot setback so it would have been 5 feet from the property line. Keefe: Okay. That's it. Thanks. Sacchet: Alright. There's currently a concrete patio underneath it already? Metzer: There is. Sacchet: So there is a structure underneath. Metzer: Which I don't believe encroaches into the setback. Sacchet: Okay. So really that encroachment of the porch is only like, less than 2 feet? Metzer: The square footage of the living area is 4.68 square feet. Sacchet: Alright. I think that's all our questions. If the applicant wants to come forward, state your name and address for the record. Actually, we know your address. Ruelle: My name is Jim Ruelle and I do live at 7200 Lodgepole Point. (NOTE: Mr. Ruelle's comments were mostly inaudible and difficult to transcribe) ...I think you're right when you state that ... our house was positioned on the lot at a -degree angle ... towards the south property line which we share with our neighbor. ... We had looked at many different ways of laying this out and even to the point of cutting this off at this angle right here and leaving the opposite side the same. The only problem we encountered was matching of the roolline... We probably went through about 8 or 9 different drawings when we were looking at what we thought was originally a 10 -foot setback and angling even farther in there. Based on all the different scenarios in order to find ... square footage of usable space, this is the best possible ... space. ...Do you have any questions? Sacchet: Questions for the applicant? Steve, go ahead. 20 Planning Commission Mee ng— September 7, 2004 Lillehaug: I have one quick one. I need a hardship here. In your letter that you submitted to staff you indicated that you did look at different options and the one I'm looking at is, one of the options was moving the sliding the glass door and removing the window. Can you maybe speak on that a little about why that is just not feasible? Ruelle: In order to move one we would have to move the other two. There are two sliding glass doors, one on the second level and one on the first level... Lillehaug: And are you saying it's just not feasible to do that structurally for some reason? Ruelle: ...was talking to some people ... in order to do that and structurally I'm not sure from what... Lillehaug: That works for me. Ruelle: We also looked at... Sacchet: Steve's got his hardship. Alright. Any other questions of the applicant? No? No questions of the applicant? I think you've pretty much answered the questions I had. Let me look. Obviously, I did want to emphasize you have a signed letter from the neighbor to the south supporting you in this. I think that's quite significant also. Thank you very much. This is a public hearing. Anybody want to come address this point, please come forward now. I don't see anybody so I close the public hearing. (The tape was changed at this point). Josh: ...a couple weeks ago just to check on the property and I did speak with the neighbor directly next door and she let me know that they were in support of the variance. Sacchet: Alright. Any other comments? Papke: I think my night is the night to be the contrarian. I'm not supportive of this. I think there's plenty of other opportunities here, whether it be a gazebo detached. I understand the applicant's desire to enjoy your property in a bug -free environment but I think there's other ways of skinning this particular cat. I don't really see a hardship in this particular case. Granted, we do have a letter from the neighbor but that neighbor may not be there one year of five years from now. This could be a different neighbor that has a very different view. We're only talking a separation of 35 feet which is quite small. This is 10 feet above the ground looking down into some portions of the neighbor's property with only one tree in between the two so I don't see sufficient justification to allow the incursion in this case so I do not support this request. Sacchet: Thanks, Kurt. I come at this from a little bit different angle. I think Lundgren goofed and I think we goofed at the City when this was reviewed so I would say shame on us. I would commend the applicant for having gone through considering a list of different alternatives. I think considering how small this variance is and then that only I would have to say the City is part of the responsibility why this situation got created in the first place. Looking at the fact that 21 Planning Commission Meting — September 7, 2004 • the door into this porch is actually flush with the wall of the porch and obviously, in terms of design it was meant to be in the center of the porch and the porch would be flush with the outside wall of the building. I would think it would be excessive to deny this and I think it's a reasonable request. Is it self-created? I don't think it's self-created in this particular case. It's created by the builder and by the City. What are the other things we need to look at? Is it applicable to other properties? Yes, it's applicable to other properties where the City didn't catch, that site plan wasn't lined up in a way that could be built to the way it was intended with the door of that porch being built into there. Papke: A previous case was denied for a similar variance. Sacchet: Yes. That's a good point, Kurt. I would say that in the context that if you get into less than a 20 -foot separation, we start having a safety issue or an access issue for drainage and all that. In this case, we're far beyond that so I would put it into that context to distinguish it. So, with that, I'm willing to take a motion. Lillehaug: Can I make a comment? Sacchet: Yes, go ahead, Steve, please. Lillehaug: Just my quick comments. Probably in my two -and -a -half years I've been here I've been a real stickler on preserving setbacks and whatever between properties. I have strong opinions on that, but in this case I think it's a reasonable request. It's pretty small looking at the eaves compared to the actual structure. We lose that two feet somewhere. That's always kind of funny to think about. Sacchet: Even less than two feet... Lillehaug: But that's the way our code is and that's the way... Sacchet: And we have to implement it. It's not up to us to... Lillehaug: I think this is a reasonable request. I've seen many other setbacks that have been far more than this, especially along lake lots. We're maintaining more than the 20 -foot separation between structures and I support it. Sacchet: Okay. Any more comments or a motion? Now Kurt is not going to make this motion? Papke: I'll make a motion. Papke moved, Tjornhom seconded that the Planning Commission approves Variance 04-28 for a 6.75 -foot setback as shown on the plans stamped `Received August 5, 2004" with the following conditions: 1. A building permit must be applied for within one year of approval of the variance or it shall become void. 22 Planning Commission Me• g — September 7, 2004 • 2. The proposed addition must be built per plans stamped "Received August 05,2004." 3. The proposed addition must not encroach into the existing 5 foot drainage and utility easement. All voted in favor, except Papke who opposed, and the motion carried with a vote of 4 to 1. Sacchet: Looks like that is our ratio for tonight. Thank you very much. Good luck with your porch. With that, we get up to our third item. PUBLIC HEARING: ADDITION, LOCATED SOUTH OF HIGHWAY 5, WEST OF CENTURY BOULEVARD AND NORTH OF CORPORATE PLACE, HELSENE PARTNERS, LLC — PLANNING CASE NO. 04-29. Public Present: Name Address Chris Helsene, Helsene Partners, LLC Brenda M. Helsene, Helsene Partners, LLC Gene Helsene, Helsene Partners, LLC Robert Generous presented the staff report on this item. Generous: Thank you Mr. Chairman and Commissioners. Again, this is an amendment to an existing Planned Unit Development. It was designed to be a light industrial park. There are some commercials in the development. A hotel is going up across the street from this site. They do have a restaurant pad. However, retail uses were never anticipated as part of this project with one exception of the C -store on 82nd Street and Highway 41. Sacchet: The convenience store there? Generous: The convenience store, yes. Citgo. Arboretum Citgo. The design standards were very specific in that there would be the only one retail site within the development street and it would be on 82"d Street. That was intentionally put in there to provide for the large industrial base in Chaska just to the south of there and as a convenience retail opportunity for the rest of this development. The City has other areas that are currently guided and zoned for commercial uses just to the north of Highway 5 on Century there's a commercial center going in. That's where we believe retail operations should be located. There is an advantage to this site because it wasn't zoned commercial for retail uses. There is a different valuation type down there so we would put the other commercial sites at a disadvantage if we permit it in there. Staff is FA STAFF REPORT PROPOSAL: Request for a Side Yard Setback Variance to construct a three -season porch and deck. LOCATION: 7200 Lodgepole Point The Woods at Longacres, 4`s Addition, Lot 16, Block 4 APPLICANT: James & Kristin Ruelle 7200 Lodgepole Point Chanhassen, MN 55317 PRESENT ZONING: Planned Unit Development -Residential (PUD -R), 2020 LAND USE PLAN: Residential — Low Density (net density range 1.2 — 4u/acre) ACREAGE: 0.6 acre DENSITY: NA SUMMARY OF REQUEST: Request for a side yard setback variance to construct a three -season porch and attached deck. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. Planning Case #04-28 • • Ruelle Variance September 7, 2004 Page 2 SUMMARY OF PROPOSAL The applicant is proposing the construction of a three -season porch and attached deck. The proposed three -season porch would be located 6.75 feet from the southern property line. The applicant is requesting a 2.25 -foot side yard setback variance from the required 9 -foot side yard setback to permit the construction of a three -season porch. The proposed addition would be located approximately 35 feet from the nearest structure on the neighboring lot to the south (see Applicable Regulations). Staff wishes to clarify that for the purposes of this variance the side yard setback was measured from the eaves of the proposed porch rather than the footings; Chanhassen City Code 20-908 (5)(a) states: (5) The following shall not be considered to be obstructions (variances granted from a required setback are not entitled to the following additional encroachments): a. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features may project a distance not exceeding two (2) feet, six (6) inches; APPLICABLE REGUATIONS On October 6, 1993 the City Council adopted PUD #93-3 with 34 conditions; one of the conditions of approval stated: Developer is responsible for demonstrating a minimum 20 -foot separation is provided for side yards as each building permit is requested. Interior side vard setbacks of 6 feet for garages and 9 feet for 6vim areas are permitted. Side yard setback of 10 feet is required for all free-standing accessory structures. All lots must comply with all other rear and front yard setbacks. BACKGROUND Subject Site Lake The final plat for The Woods at Longacres 4`s Addition subdivision including this property was approved on April 14, 1997. The house was constructed in 1998. The house lies on a corner lot and, therefore, has two front yards with setbacks of 30 feet and two side yards with setbacks of 9 feet. Planning Case #04-28 • • Ruelle Variance September 7, 2004 Page 3 ANALYSIS The subject property is a corner lot located southwest of the intersection of Longacres Drive and Lodgepole Point. The lot contains a single-family home, has an area of 26,136 square feet, and is zoned Planned Unit Development -Residential (PUD -R). Because the property is a corner lot it has no rear yard, rather, it has two front yards (those having street frontage) with setbacks of 30 feet and two side yards with setbacks of 9 feet. The southern corner of the house is set back exactly 9 feet from the southern property line (side yard); however, the house was built at an angle of approximately 45° to the south property line. The patio door which would access the three -season porch is located 5.75 feet from this southern corner leaving little room to build out from the structure given its angle to the south lot line and its setback. Planning Case #04-28 • • Ruelle Variance September 7, 2004 Page 4 Staff realizes that the portion of the three -season porch which will require a variance is trivial (4.68 square feet); however, in order to recommend approval of a variance, a hardship must exist. Staff has determined that the applicant could build a three -season porch and deck without the need for a variance. The owners have chosen a three -season porch design that would encroach on the required 9 -foot side yard setback. It would be possible to build a three -season porch that meets required setbacks by choosing a smaller design or angling it. Therefore, staff believes this constitutes a self-created hardship. 1J rR17�r'rtH!� f lLXlKCflCQI 2 "y `/,i ivaxe T_^ / E / r, / 99Ch'3Ci�JY{?RGI� f / 6.76 feet / x.r / — = 9 foot Setback / _ = Living Area f ■ = Eaves Overhang Staff has reviewed variance applications filed for properties within 500 feet of 7200 Lodgepole Point. The following are variances that have been reviewed: Case# Address Variance Notes 00-05 7163 Fawn Hill Road 4' side & less than 20' separation Denied for screened porch 03-14 2350 Hunter Drive 26' wetland setback Approved for patio Planning Case #04-28 • • Ruelle Variance September 7, 2004 Page 5 FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet this criteria. Finding: The literal enforcement of the ordinance does not create a hardship because the design of the three -season porch can be altered to maintain the required side yard setback. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. In this case, because it is in a PUD -R zoning district, a reasonable use is a single-family home with a two -stall garage. The property owner currently has reasonable use of the site. Approving this variance will depart downward from pre-existing standards and set a precedent. 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 properties in the PUD -R zoning district. 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 three -season porch will increase the value of the property. However, staff does not believe that is the sole reason for the request. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The applicant has chosen a three -season porch design that will not maintain the required setback and, in doing so, has created the 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 will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Planning Case #04-28 • • Ruelle Variance September 7, 2004 Page 6 Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies a 2.25 -foot side yard setback variance from the 9 -foot side yard setback creating a 6.75 foot setback to permit the construction of a deck and three -season porch at 7200 Lodgepole Point, Lot 16, Block 4, The Woods at Longacres, 0 Addition, as shown on the plans stamped `Received August 05, 2004' based on the findings of fact in the staff report and the following: 1. The applicant has not demonstrated a hardship to wan -ant a variance. 2. Sufficient buildable area exists on the site at the required setbacks to permit the construction of a three -season porch. Should the Planning Commission choose to approve the variance, staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves variance 04-28 for a 6.75 -foot setback as shown on the plans stamped `Received August 05, 2004' with the following conditions: 1. A building permit must be applied for within one year of approval of the variance or it shall become void. 2. The proposed addition must be built per plans stamped "Received August 05, 2004." 3. The proposed addition must not encroach into the existing 5 foot drainage and utility easement. ATTACHMENTS 1. Development Review Application 2. Letter from James and Kristin Ruelle dated 07/20/04 3. Location Map 4. Lot Survey 5. Architectural Plans 6. Affidavit of Mailing Notice 7. Findings of Fact gAplan\2004 planning cases\04-28 - ruelle variance -7200 lodgepole poinAstaff report - melle.doc -2 4o CITY0FOHANt ASI EN CITY OF CHANHASSEN RECEIVED 7700 MARKET BOULEVARD _ CHANHASSEN, MN 55317 AUG 0 5 2004 (952)227-1100 �tU14ANI RrLAftUp11Nf0 A�pR DEVELOPMENT REVIEW APPLICATION APPLICANT: Ik is i Kpust'N OWNER: SAo f ADDRESS: 2-6a Ld1jepile Ff- ADDRESS: Sw_ Cfthutitsri f .-J 55317 TELEPHONE (Day Time) 15'7-Kdl-q111 TELEPHONE: S Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit / V Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development' Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review" X Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $400 Minor SUB Subdivision' ao TOTAL FEE $ Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box Building material samples must be submitted with site plan reviews. 'Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. "Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: LOCATION: 1200 Lodge 0i1r /dr✓ LEGAL DESCRIPTION: Le} c( INj1 J f Adl sa.j TOTAL ACREAGE: 3I`t iFLNC.. WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: YES NO REQUESTED LAND USE DESIGNATION: R.e ftle,,4.gL REASON FOR REQUEST: TQ j,SeAld� ro�1 it -Of 11 r -r Zee L,,� S-efln..fc 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 ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that if development review cannot be completed within 60 days due to public hearing requirements and agency review, the city requires an automatic 60 -day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. CA.1. 4 Zd o Signa re of Applicant V Date Qntau"Neof a Owner Date Application Received on 5 04 Fee Paid a -SO — Receipt No. 307 The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. GAplaMtorrns\Development Review Applimtion.DOC July 20, 2004 Sharmee Al-Jaff CITY OF CHANHASSEN City Of Chanhassen RECEIVED 770 Market Boulevard AUG 0 $ 2004 Chanhassen, MN 55317 RE: Variance for 3 Season Porch and Deck CHANHASSEN PLANNING DEPT James & Kristin Ruelle 7200 Lodgepole Point Chanhassen MN 55317 952.401.4399 Please find enclosed our application for a variance to build a 3 -season porch and deck on the west facing side of our residence. Written description of variance request. Addition of a 3 -season porch and deck that would not conform to the city of Chanhassen's 10' minimum required setback distance on a side lot line. Written Justification: 1. The Builder Lundgren Bros did not conform to the City of Chanhassen's 10'-0" Side lot Setback when building this house. 2. The back left comer of the house was originally built 9'-0 from the south side lot line. 3. The house was built at a 30+ degree angle toward the south lot line. The front of the house is 42.26' from the property line and the back is 9'-0" 4. Because of the above three, any structure built will immediately impede on the 10'-0" setback see attached plot plan. 5. We have looked at many different options that are neither architecturally appealing nor structurally possible. Options including: a. Angling the 3 -season porch. b. Moving the 3 -season porch to the north side. c. Moving the sliding glass door and removing window. d. Exchanging property with adjacent property owners. 6. Our home backs up to a pond and wooded area. We currently have a concrete patio that would remain under the proposed 3 -season porch. Because of the wetlands are a hatching are for insects, the patio is almost useless after the sunsets. 7. The rear of our house does not back up to any additional homes and the existing wood and pond are a buffer. 0 0 8. Steven and Heather Osterman 7224 Lodgepole Point support the issuance of this variance. The Osterman's share the south lot line and are directly affected by this variance. They have seen the enclosed elevations and plot plan. There is a large tree that buffers any visual site lines. They are in agreement that the acceptance of this variance has no long-term impact on there property. 9. Only 1'3" of the proposed 3 -season porch will extend past the existing 9'-0" setback that the house was originally built. We invite you to stop by our residence and view the existing conditions. Ser�ly, James & Kristin Ruelle 0 Location Map 0 7200 Lodgepole Point Variance City of Chanhassen Planning Case No. 04-28 Lake Harrison 0 IJ Subject Site Cir ,SURVEY FOR: LUNDGREN BROS. CONST. LOyw �Q• O.� Q�„a \aJ`�^. yip `LONGACRES DRIVEzk".5 _ f vfR �P\aC? 5�3 _ _ �S L. ,�,�:�U LP 1� MANHOLE ORAor4A•r 99.Z 43tp9" _ — _ _ _ _ _i-Qea in. -^i:': �.'.t\"'�N5 *1000 Sg' p4 _ — WATERAI — — _ _`�rt.•iF (to vJ S \ 60120-455 DESCRIPTION: 0 L y- al�n' 2f1 l((`��''�(el In ° q vats. GENERAL NOTES: (90-52) R 00,0) 1•,Po E\1 *ytTO�MI EWER 1 1 1. • - Denotes Iron monument. o CURB 1 2. .890.0 - Denotes asiattnq spot elevation. r \ •1001jR=33p 100g6*� CATCH 1 1 3. ■(890.0) - Denotes proposed spot elevation. Who I 2.) pp L=153.04 - 1 "4- e"di, oe droinoge. aim o 1 O 0 25 I r,'US -I �' _`-r of s�s�Sl7tCT F0017N6 W 1101010 S*—� f0 o NI I t'• 0.0 I 115 �1 NI I o. I W Is / `Q � o b C,i°` 5� 1 I a �► s E 7T1Ki�T='D S hEL"� Z ,\ FIREPLACE CANT. II oo /-"� *ftjpl5„ ool I o II 1 O APPROVED Go 0.40 2CANT. (999.2)9. \ S 8 $�� : SI I a: - 1 1 DEPT: ` -! -Zr DATE•? Y • f o t: GS \- 30.5I 1 I DEP fMENT \ �. u+ o 46.0 0 9* i°of3:IlI 0 � DATE: a' 17'`18 / 236 o o\ I'O\ I 0 0Y: DEP This drawing hos been checked and N% e43'2 8 a _ \\ I� \ 3 / / DATE: gF tily that this survey was reviewed 3Od-h this day of 3"w oY 7�,. N 3' / prepared under my supervision and that I am o Lic need Land Surveyor under the 'Tk r•. n l o laws of the Stade of Aypnesot . by w/yS(I SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TES7ING • ENVIRONMENTAL SERVICES 10580 WAYZATA BOULEVARD, SUITE 1 MINNETONKA, UN 55305 (612) 546-7601 FA%:546-9065 Theodore D. Nemno Dole: July 29, 1998 License No. 17006 CONTACT DEVELOPER FOR SANITARY SEWER AND WATER SERVICE LOCATION 40 0 40 80 120 Feet L �ncr:dever IRIXIJIRC.aDChClP�POP05CD0.'GCt95LrLrtiWPORC7lI SMG OrdbrV&DM%LLC �I a ru.CM. tmol[ d[ICW/,ANJ4Cf�N,rR! wrir rKK� mMI W w.�.rmm+ a mrnoi® CITY OF CHANHASSEN RECEIVED AUG 0 5 2004 CHANHASSEN PLANNING DEPT .zrn,cc 'i 1 got 4 CONN a� a ,�� t'n"ro, . .a�u-�.� ��/ ! ��t•��;�\\�,�` `� %ref/ir �� ! CX a / / vurmronrur / xrrn pyo' / / ff PROP05M PLN , Q lrrF �t j IN R€I 1 � zvrumsn ��+ IRIKllPRL�DCNCI PROR05fD DLGCt75LA5C:NPDRJtI BMG UaItirq BCagi, LLC �I 4 f��' WAlgll KEtbt� W ®DI a LLLV. (�,q, �A„,6k, r¢nta�acraa.vrNnrtwr.rw x..�.raiwron aeu�m+n ;| ;f , � 4 \ -- --�t FTI K } i � � 2 § � ]�.` 61BI04 RMIX fE5iVf m_rf«k-�ON POP -W _ ftl%.__. zw 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on August 26, 2004, 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 requesting a variance to side yard setback for a three -season porch at 7200 Lodgepole Point —Planning Case No. 04-28 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this,jtct day of 0, 12004. Notary Public K n J. Enge dt, D44 Clerk LAK�m �l�rest/31/20p5 SCANNED • A neighborhootl spokespersoNrepresentative is encouraged to provide a contact for the city. Offen 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, lease contact the Planning Staff person named on the notification. Meeting Date & Time: Tuesday, September 7, 2004 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a variance to the side yard setback to Proposal: construct a three -season porch on property zoned Planned Unit Development -Residential (PUD -R . Planning File: 04-28 Applicant: James & Kristin Ruelle Property Location: 7200 Lodgepole Point 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 What Chair will lead the public hearing through the following steps: Happens 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 project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone Questions & about this project, please contact Josh Metzer at 952 -227 - Comments: 1132 or e-mail imetzer@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the in Any interested is invited to attend the meeting. application writing. parry • 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 commerciaNndustrial. • 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 spokespersontrepresentative 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 time 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, lease contact the Planning Staff person named on the notification. SCANNED Lake Subject Site ufscfafiner This map is neither a legally recorded map nor a surrey and is not Intended to be used as one. This map is a compilation 01 records, information and data located in various city, County, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error hes, and the City does not represent that the GIS Data can be used for navigatonal, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depicllon of geographic features. If errors or discrepancies are found please contact 952-227-1107, The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03. Select. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages. and expressly waives all tlaims, and agrees to defend, indemnity, and hold harmless the City from any and all clans brought by User, its employees or agents, or third parties which arise out of the users access or use of data provided. Lake Subject Site This map is neither a legally recorded map nor a survey and Is not hemoetl to be used as one. This map is a compilation of records, information and data located in various dry, county, state and feral onices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error freeand the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring erecting measurement of distance or direction or precision in the depiction of geographic features. R emers or cumnepanciss are found please contact 952-227-1107. The preceding disclaimer is provides pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liters for any damages, and eVa ly waives all clams, and agrees to defend. indemnify, and hold mammas the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the users access or use of data provided. SCANNED Public Hearing Notification Area.1500 feet) 7200 Lodgepole Point Variance to Side Yard Setback City of Chanhassen Planning Case No. 04-28 Lake Harrison Subject Site I Clr BRUCE W & ANN L ALLEN WILLIAM J & JILL M BORRELL JOHN C BRUNO & 7215 LODGEPOLE PT2300 LONGACRES DR SONJA HAMMOND-BRUNO CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN HAS E N MN 5 CHANHASSEN MN 55317 FRANCIS H & TERRI L CHEUNG JOHN F & NICOLE J COYLE CHARLES T & LORI L DINNIS 7238 LODGEPOLE PT 2333 HARRISON HILL CT 2362 HUNTER DR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JOHN F & RHONDA S DOLAN DAVID W & PENNY J DONELSON JOSEPH R & JUDITH M EULBERG 2383 LONGACRES DR 7164 HARRISON HILL TRL 7136 HARRISON HILL TRL CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 DANIEL P & SUSAN J FAGAN MARK J & COLLEEN M FELLNER DANIEL J & LISA R GLEESON 7184 FAWN HILL RD 2323 HARRISON HILL CT 7200 FAWN HILL RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 MARK R & SHEILA B HAGEN DANIEL J & KIMBERLY K HANSON THOMAS J & AMY L HIRSCH 2343 HARRISON HILL CT 2390 LONGACRES DR 2290 LONGACRES DR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 SCOTT F & GREER A HUSSEY CHRISTOPHER ANDRIS KAULS & PATRICK T & TERESA K KOCOUREK 2235 LONGACRES DR NICHOLE LEE KAULS 7192 FAWN HILL RD CHANHASSEN MN 55317 7254 FAWN HILL RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 LONGACRES HOMEOWNERS ASSN ROBERT THOMAS KRUEGER DAVID C & GAIL J LACY INC 2350 HUNTER DR 7167 HARRISON HILL TRL C/O LUNDGREN BROS CONST INC CHANHASSEN MN 55317 CHANHASSEN MN 55317 935 WAYZATA BLVD E WAYZATA MN 55391 MARK & ROBIN MULLEN PAUL B & KRISTI L NYBERG STEPHEN J &HEATHER 7201 LODGEPOLE PT 2391 LONGACRES DR 7224 LODGEPOLE O ANN CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN HAS E N MN 5 CHANHASSEN MN 55317 NICHOLAS T & NANCY L PAPPAS STEPHEN M & RENEE L PETER G & TRISHA T RINZEL 2198 RED FOX CIR PAWLYSITYN 2251 LONGACRES DR CHANHASSEN MN 55317 7266 FAWN HILL RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 JAMES A & KRISTIN M RUELLE GARY P & JANET M RZONCA MARK B & MARY M SCHNELL 7200 LODGEPOLE PT 7230 FAWN HILL RD 7227 LODGEPOLE PT CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 SCANNED 0 0 CRAIG A & LOIS S SCHULSTAD ROBERT T & SUSANNA A SHARP WILLIAM M JR & DEBORAH A SHAW 2378 LONGACRES DR 7232 LODGEPOLE PT 2278 LONGACRES DR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 RUSSELL A SIMATIC & CHRISTIE A OLSON-SIMATIC 2320 LONGACRES DR CHANHASSEN MN 55317 CHRISTOPHER D & SANDRA STENDAL 7242 FAWN HILL RD CHANHASSEN MN 55317 JOSEPH J W ITTERSCHEIN & LESLIE M WITTERSCHEIN 7150 HARRISON HILL TRL CHANHASSEN MN 55317 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 JAY M & KELLE L STAATS 7147 HARRISON HILL TRL CHANHASSEN MN 55317 JON C & DEBORAH S WADDELL 2375 LONGACRES DR CHANHASSEN MN 55317 THOMAS L & SUSAN M YEZZI 2320 HARRISON HILL CT CHANHASSEN MN 55317 ERIC D & SHARLA K STAFFORD 2219 LONGACRES DR CHANHASSEN MN 55317 ANDREW I & TINA M WHITE 7122 HARRISON HILL TRL CHANHASSEN MN 55317 DAVID J & PATTI P ZIMMER 7214 FAWN HILL RD CHANHASSEN MN 55317 SCANNED E CTTY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of James and Kristen Ruelle for a side yard setback variance to construct a three -season porch and attached deck. On September 7, 2004, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of James and Kristen Ruelle for a side yard setback variance to construct a three -season porch and attached deck located at 7200 Lodgepole Point. 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 Planned Unit Development - Residential (PUD -R). 2. The property is guided by the Land Use Plan for Residential - Low Density. 3. The legal description of the property is: Lot 16, Block 4, The Woods at Longacres, 0 Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. The literal enforcement of the ordinance does not create a hardship because the design of the three -season porch can be altered to maintain the required side yard setback. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. In this case, because it is in a PUR- R zoning district, a reasonable use is a single-family home with a two -stall garage. The property owner currently has reasonable use of the site. Approving this variance will depart downward from pre-existing standards and set a precedent. b. The conditions upon which this variance is based are applicable to all properties in the PUD -R zoning district. c. The three -season porch will increase the value of the property. However, staff does not believe that is the sole reason for the request. d. The applicant has chosen a three -season porch design that will not maintain the required setback and, in doing so, has created the hardship. e. The granting of a variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood 5. The planning report #04-28 Variance dated September 7, 2004, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission the variance to allow the construction of a three -season porch with attached deck within the required side yard setback. M by the Chanhassen Planning Commission on this 7`s day of September, CHANHASSEN Planning Commission Planning Commission Chairperson NOTICE OF PUBLIC HEARING PLANNING CASE NO. 0428 CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 7, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this heating is to consider a request for a variance to the side yard setback to construct a three -season porch on property zoned Planned Unit Development -Residential (PUD -R), located at 7200 Lodgepole Point. Applicant: James & Kristin Ruelle. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this Public hearing and express their op inions with respect to this proposal. Josh Metzer, Planning Intern Email: j=IwrAi ch llp Phone: 952-227- 1132 (Published in the Chanhassen V illager on Thursday, August 26, 2004; No. 4258) 0 0 D`i - ZS Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. ya� was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrsmvwxyz Y' Laurie A. Hartmann Subscribed and sworn before me on this plLday of „�r� l�, 2004 Notary Public rwww GWEN M.RADUENZ NOTARYPUBLIC MINNESOTA My Commission Fxpiws Jan. 3f 2CJ5 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter ................................ $22.00 per column inch Rate actually charged for the above matter ............................................... $10.85 per column inch NOTICE OF PUBLIC HEARING PLANNING CASE NO. 04-28 CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 7, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a variance to the side yard setback to construct a three -season porch on property zoned Planned Unit Development -Residential (PUD -R), located at 7200 Lodgepole Point. Applicant: James & Kristin Ruelle. A plan showing the location of the proposal is available for public review 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. Josh Metzer, Planning Intern Email: imetzer@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on August 26, 2004) SCANNED CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 317 Payee: JAMES RUELLE Date: 09/21/2004 Time: 12:43pm Receipt Number: DW / 5438 Clerk: DANIELLE GIS LIST 04-28 ITEM REFERENCE AMOUNT ----------------- GIS GIS LIST 04-28 GIS LIST 126 00 Total: Check 2470 --------------- 126.00 126.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 00F (952) 227-1100 To: James & Kristin Ruelle 7200 Lodgepole Point Chanhassen, MN 55317 Ship To: Invoice SALESPERSON DATE TERMS KTM 8/26/04 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 42 Property Owners List within 500' of 7200 Lodgepole Point (42 labels) $3.00 $126.00 TOTAL DUE $126.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #04-28. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 gff OF (952) 227-1100 To: James & Kristin Ruelle 7200 Lodgepole Point Chanhassen, MN 55317 Ship To: E Invoice SALESPERSON DATE TERMS KTM 8/26/04 upon receipt Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #04-28. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! Public Heari g Notification AreaT500 feet) 7200 Lodgepole Point Variance to Side Yard Setback City of Chanhassen Planning Case No. 04-28 Lake Harrison s O z Harrison Hill y Crt ry Lon acres t�� e e5� G� a o Qo �a ve o 3 Red Fox C�f � c U- �Q Subject Site : • BRUCE W & ANN L ALLEN WILLIAM J & JILL M BORRELL JOHN C BRUNO & 7215 LODGEPOLE PT 2300 LONGACRES DR 7235 LODGEPOLE HAMMOPT NO CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHAHASNMN 5 CHANHASSEN MN 55317 FRANCIS H & TERRI L CHEUNG JOHN F & NICOLE J COYLE CHARLES T & LORI L DINNIS 7238 LODGEPOLE PT 2333 HARRISON HILL CT 2362 HUNTER DR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JOHN F & RHONDA S DOLAN DAVID W & PENNY J DONELSON JOSEPH R & JUDITH M EULBERG 2383 LONGACRES DR 7164 HARRISON HILL TRL 7136 HARRISON HILL TRL CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 DANIEL P & SUSAN J FAGAN MARK J & COLLEEN M FELLNER DANIEL J & LISA R GLEESON 7184 FAWN HILL RD 2323 HARRISON HILL CT 7200 FAWN HILL RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 MARK R & SHEILA B HAGEN DANIEL J & KIMBERLY K HANSON THOMAS J & AMY L HIRSCH 2343 HARRISON HILL CT 2390 LONGACRES DR 2290 LONGACRES DR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 SCOTT F & GREER A HUSSEY CHRISTOPHER ANDRIS KAULS & PATRICK T & TERESA K KOCOUREK 2235 LONGACRES DR NICHOLE LEE KAULS 7192 FAWN HILL RD CHANHASSEN MN 55317 7254 FAWN HILL RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 LONGACRES HOMEOWNERS ASSN ROBERT THOMAS KRUEGER DAVID C & GAIL J LACY INC 2350 HUNTER DR 7167 HARRISON HILL TRL C/O LUNDGREN BROS CONST INC CHANHASSEN MN 55317 CHANHASSEN MN 55317 935 WAYZATA BLVD E WAYZATA MN 55391 MARK & ROBIN MULLEN PAUL B & KRISTI L NYBERG STEPHEN J &HEATHER 7201 LODGEPOLE PT 2391 LONGACRES DR 7224 LODGEPOLE O ANN CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN HAS EN MN 5 CHANHASSEN MN 55317 NICHOLAS T & NANCY L PAPPAS STEPHEN M & RENEE L PETER G & TRISHA T RINZEL 2198 RED FOX CIR PAWLYSITYN 2251 LONGACRES DR CHANHASSEN MN 55317 7266 FAWN HILL RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 JAMES A & KRISTIN M RUELLE GARY P & JANET M RZONCA MARK B & MARY M SCHNELL 7200 LODGEPOLE PT 7230 FAWN HILL RD 7227 LODGEPOLE PT CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CRAIG A & LOIS S SCHULSTAD 2378 LONGACRES DR CHANHASSEN MN 55317 RUSSELL A SIMATIC & CHRISTIE A OLSON-SIMATIC 2320 LONGACRES DR CHANHASSEN MN 55317 CHRISTOPHER D & SANDRA STENDAL 7242 FAWN HILL RD CHANHASSEN MN 55317 0 ROBERT T & SUSANNA A SHARP 7232 LODGEPOLE PT CHANHASSEN MN 55317 JAY M & KELLE L STAATS 7147 HARRISON HILL TRL CHANHASSEN MN 55317 JON C & DEBORAH S WADDELL 2375 LONGACRES DR CHANHASSEN MN 55317 0 WILLIAM M JR & DEBORAH A SHAW 2278 LONGACRES DR CHANHASSEN MN 55317 ERIC D & SHARLA K STAFFORD 2219 LONGACRES DR CHANHASSEN MN 55317 ANDREW I & TINA M WHITE 7122 HARRISON HILL TRL CHANHASSEN MN 55317 JOSEPH J W ITTERSCHEIN & THOMAS L & SUSAN M YEZZI DAVID J & PATTI P ZIMMER LESLIE M BISONWITTEILL TRLEIN 2320 HARRISON HILL CT 7214 FAWN HILL RD CHANHASSEN HARRISON HILL TRL CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 Crff OF MEMORANDUM PHINNAccVIu TO: Josh Metzer, Planning Intern 7700 Market Boulevard FROM: Matt Saam, Assistant City Engineer G PO Boz 147 // Chanhassen, MN 55317 AdministrationDATE: August 13, 2004 Phone: 952.227.1100 Fax: 952.227.1110 SUBJ: Variance Review of 7200 Lodgepole Point Building Inspections Phone: 952.227.11 BO Fax 952.227.1190 Upon review of the concept plan submitted by James & Kristin Ruelle, I offer the Engineering following comments and recommendations: Phone: 952.227.1160 Fax: 952.227.1170 1. The proposed porch addition must not encroach into the existing five (5) Finance foot drainage and utility easement. Phone: 952.227.1140 Fax: 952227.1110 c: Paul Oehme, City Engineer/Public Works Director Parr & Recreation Dan Remer, Eng. Tech III Phone: 952.227.1120 Fax: 952.227.1110 g;eng\man\nemos\staff reportsWarianceskuelle variance.cim Recreation Center 2310 Cruller Boulevard Phone: 952.227.1400 Fax: 952.227 1404 l/ oQ/ / /6 Planning & Natural Resources P:2211 Fax:952 227.1110 1 ^q Public Works 1591 Park Road Phone:952.227.1300/� Fax: 952.227.1310 j� a ¢ µ.Lr Senior Center _! Y L y 'a Phone: 952 227,1125 r ��. �w— 44-0 Fax 952.227 1110 Web Site www.ci.chanhassen.mn.us �• � - / SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a chanting downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317' QF (952)227-1100OA 1 Date: August 9, 2004 Q / To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planning Intern Subject: Request for a Side Yard Setback Variance to construct a three -season porch on property zoned Planned Unit Development -Residential (PUD -R), located at 7200 Lodgepole Point, James & Kristin Ruelle Planning Case: 04-28 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on August 5, 2004. The 60 -day review period ends October 4, 2004. 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 September 7, 2004 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 25, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other - 14. SMINEo City of Chanhassen 7700 Market Boulevard +p Chanhassen, MN 55317 M OF (952)227-1100 MMSEK Date: August 9, 2004 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planning Intern Subject: Request for a Side Yard Setback Variance to construct a three -season porch on property zoned Planned Unit Development -Residential (PUD -R), located at 7200 Lodgepole Point, James & Kristin Ruelle Planning Case: 04-28 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on August 5, 2004. The 60 -day review period ends October 4, 2004. 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 September 7, 2004 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 25, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other - 14. SCIJ;NED 0 Location Map 0 7200 Lodgepole Point Variance City of Chanhassen Planning Case No. 04-28 Lake Harrison s N O O Harrison Hill ti Crt n, Qt��e Lon acres t�� e ey0 Gt a - �a Qo X �a e o Red Fox Cir Cz c U m C? Subject Site CITY OF CHANHASSEN 7700 MARKET BLVD • • CHANHASSEN MN 55317 Payee: JAMES RUELLE Date: 08/05/2004 Time: 11:43am Receipt Number: DW / 5307 Clerk: DANIELLE VARIANCE 04-28 ITEM REFERENCE ------------------------------------------- AMOUNT DEVAP VARIANCE 04-28 USE & VARIANCE 200.00 PLAT RECORDING 50.00 Total: --------------- 250.00 Check 2452 250.00 Change: --------------- 0.00 THANK YOU FOR YOUR PAYMENT! SCANNED oq za cmoP�rwN CITY OF CHANHASSEN RECENED 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 AUG 0 5 2004 (952) 227-1100 �;1Mh4A�hV �I.iAJ10@f6 t�.fiT DEVELOPMENT REVIEW APPLICATION APPLICANT: _TpoweS 04jtistlN yells. OWNER: S*Af),e ADDRESS: 72-6o Le12ep+te ft ADDRESS: .SAa�&_ TELEPHONE (Day Time) TELEPHONE: 54t= ` Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit / V Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development` Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review" X Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $400 Minor SUB Subdivision' a� TOTAL FEE $o��y Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box [✓� Building material samples must be submitted with site plan reviews. *Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. "Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: A 1J. -r..110 o p ?, It.r t.r /d/w(t &A LOCATION: 72oo Loduyf gilt )t✓f LEGAL DESCRIPTION: I bljok- Lf PJJJI fij- 444,$aj TOTAL ACREAGE:I WETLANDS PRESENT: YES NO PRESENT ZONING: EC S,Er..,f.Ati REQUESTED ZONING: a. I C.-+, PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: TQ Teku,, tokil Irr,it ttr-r rla 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 ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that if development review cannot be completed within 60 days due to public hearing requirements and agency review, the city requires an automatic 60 -day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. SiQ C4AAt Ct I -71261o� gna re of Ap plicant Date Qnlau'r-e- �7 zj/4 ner Date Application Received on 5 Dq Fee Paid�SO o>_ Receipt No. 3Q7 The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. GAplan\forrns\Development Review Application.DOC July 20, 2004 Sharmee Al-Jaff CITY OF RECEIVED City Of Chanhassen 770 Market Boulevard AUG 0 5 2004 Chanhassen, MN 55317 RE: Variance for 3 Season Porch and Deck CHANHASSEN PANNING DEPT James & Kristin Ruelle 7200 Lodgepole Point Chanhassen MN 55317 952.401.4399 Please find enclosed our application for a variance to build a 3 -season porch and deck on the west facing side of our residence. Written description of variance request. Addition of a 3 -season porch and deck that would not conform to the city of Chanhassen's 10' minimum required setback distance on a side lot line. Written Justification: 1. The Builder Lundgren Bros did not conform to the City of Chanhassen's 10'-0" Side lot Setback when building this house. 2. The back left comer of the house was originally built 9'-0 from the south side lot line. 3. The house was built at a 30+ degree angle toward the south lot line. The front of the house is 42.26' from the property line and the back is 9'-0" 4. Because of the above three, any structure built will immediately impede on the 10'-0" setback see attached plot plan. 5. We have looked at many different options that are neither architecturally appealing nor structurally possible. Options including: a. Angling the 3 -season porch. b. Moving the 3 -season porch to the north side. c. Moving the sliding glass door and removing window. & Exchanging property with adjacent property owners. 6. Our home backs up to a pond and wooded area. We currently have a concrete patio that would remain under the proposed 3 -season porch. Because of the wetlands are a hatching are for insects, the patio is almost useless after the sunsets. 7. The rear of our house does not back up to any additional homes and the existing wood and pond are a buffer. SCANNED w • • 8. Steven and Heather Ostermann 7224 Lodgepole Point support the issuance of this variance. The Ostermann's share the south lot line and are directly affected by this variance. They have seen the enclosed elevations and plot plan. There is a large tree that buffers any visual site lines. They are in agreement that the acceptance of this variance has no long-term impact on there property. 9. Only 1'3" of the proposed 3 -season porch will extend past the existing 9'-0" setback that the house was originally built. We invite you to stop by our residence and view the existing conditions. ely S ,RjL James & Kristin Ruelle CARVER COUNT 'K £,/ b "i"' "f 600 EAST 4TH STREET • P.O. B 69 U.r N i NSN 'y CHASKA, MN 55318-0069 JAWAF&RISTIN M RUELLE 7200 LODGEPOLE PT CHANHASSEN MN 55317-7563 STATE FILING INFORMATION PAR ON NO.: R 25.8970240 mFNf If this box is checked, you owe delinquent taxes. 2003 2004 Estimated Market Value: 435,700 New Improvements: TOM KERBER-TREASURER Taxable Market Value: 435,700 M-IPR Line I Amount: 600 EAST 4TH STREET • P.O. BOX 69 M-IPR Line 2 Amount: 6,769.00 Line 6 Amount: 6,769.00 Property Class: RES. HSTD 480,700 480,700 7,089.00 7,089.00 RES.HSTD DETACH HERE AND ENCLOSE THIS STUB WITH FORM M.1PR WHEN FILING FOR A REFUND FROM THE MINNESOTA DEPARTMENT OF REVENUE TAX L. 27423 STATEMENT OF PROPERTY TAXES PAYABLE IN 2004 IDM 6042 JAMES A R KRISTIN M RUELLE 7200 LODGEPOLE PT CHANHASSEN MN 56317-7563 Illtlttltltttlltntllitttlltttllltltrllttttllllllttlltttlttltl PARCEL R 25.8970240 mENI'O�ICATION 40.: DESC: SECT-IOTWP-IIGRANGE-023 WOODS AT LONGACRES 4TH ADDN,TH LOT -016 BLOCK -004 1. CARVER COUNTY TOM KERBER-TREASURER C 27 MARK LUNDGREN - AUDITOR 7234 .,.,. 600 EAST 4TH STREET • P.O. BOX 69 CHASKA, MN 55318-0069 952-361-1980 • www.co.carver.mn.us 2. 2003 2004 6,769.00 New Improvements: Your Property Tax And How It Is Reduced By The State Estimated Market Value: 700 480,7W ' 3. Taxable Market Value: 435,700 480,700 15,821.30 Property Class: RES. HSTD RES. HSTD 1. Use this amount on form M -I PR to see if you're eligible for a property tax refund. File by August 15. If this box is checked, you owe delinquent taxes and are not eligible. 7,089.00 2. Use this amount for the special property tax refund on schedule 1 of form M-1 PR. 6,769.00 Your Property Tax And How It Is Reduced By The State 3. Your property tax before reduction by state -paid aids and credits. 16,170.67 15,821.30 4. Aid paid by the State of Minnesota to reduce your property tax. 9,401.67 6,732,30 5. A. Homestead and agricultural credits paid by the State of Minnesota to reduce your property tax. B. Other credits paid by the State of Minnesota to reduce your property tax. 6. Your property tax after reduction by state -paid aids and credits. 6,769.00 7,089.00 Where Your Property Tax Dollars Go 7. A. County. CARVER COUNTY 2,314.89 2,327.76 8. B. CHANHASSEN CITY Cityor Town. 1,700.93 1,582.56 9. State General Taxo112 10. School District: A. Voter approved levies. 1,821.12 2,198.24 B. liihffkcal levl s. 37054 417.54 11- Special Taxing Districts: A. n'tET^O DIST �iICT 159,59 169.93 B OTHERS 17955 10931 C. D. 12. Non -school voter approved referenda levies. 222.38 283.66 13. Total property taxes before special assessments. 6,769.00 7,089,00 14. Special assessments added WMefo rty tax bill: 35'00 21'00 21.00 INTEREST RECYCLE MGT 21.00 15. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS. 6,804.00 7,110.00 If you pay your taxes late, you will be charged a penalty. Pay this amount no later than MAY 15 3,555.00 See back for rate. Pay this amount no later than OCTOBER 15 3,555.00 — -- — __" ' -- , wn.w, to a.m.» ve,.r aa.a„n., w,. aced u sock of this statement to find out tow to appy. SCANNED 3 Q VA naraow II i¢i F17 I 'ter RU[LIlRC 'D[ACIPROP05GDW.A.C5%K�GNAX-0 SMG DWbrQBDOWi LLC Q� tKGI[AC�Gl /:xlf,;JNIWJXN,t81 wn pa1tx61Y.i.rmlw _p V4Air a�w�Eb. wr.�aimmr of mirq+o O S D � 2 n � � m DO z O nCJ m= z <z m G) oN OD m am m v Z i SCANNED rtr§ §)/ \\ # (� \ § \ � FFN FETI » FE] a ]. � . / ■ �\ . § * §| < � � 4 § .` AtUfrf5MWF_aDPF9r=mNFOR CO _ �.�®.� a z S31 Ask AIL QD Z3 ------------ Sit n4 saia vm"!w"xm=n=fv= ��zinrurasn �rner.dam R1KllIRL�DCACCPROP05CDCCGCt95iAxiViOR✓I M ft%V6DN%FO&WLLC LLGV. q.,, �,.,5y. rco�narro�nva+u+irw x�r.�ior wmra�io ,SURVEY FOR: LUNDGREN BROS. CONST. LONGACRES DRIVE a�57o;+o =qN1=qR1. SES_ S�Py'�'�P�wC ¢P�1S�``'<NANHOLE 3 J'0 — ,c �;\� "1000 58.0 WATERLT \ 0 100 0p.0) +,0p — _ _ _ _ Y0R415EWER W LJ u o1b 1 o I \ ATCH \z.1= R_,330. 00 CURB —153.04 too6 9 \NGASINII 11 06 60120-455 553/55 (90-52) DESCRIPTION: ty�� Yy Ai�i�i 4'T. (vf X011... ti 119 41 `.l , ' O f GENERAL NOTES: 1. • -Denotes iron monument. 2. x890.0 - Denotes existing spot elevation. 3. x(890.0) - Denotes proposed spot elevation. q. _ - IT ... I.. o �0 0 �_ ------Cpx,11 1 p ER 25 T� f t F! ro R15 r, - V I x „�� - , �• '- C 1 1 0 SOIL. w t�0;o;asx _ — ,D N,I 1 VIA S t 7r 47- F0077N G C RT1d I V sN �5/ o' N'� all o� s� 1 1� o T=?i �� l=DSHEFT- FIREPLACE DANT. o .0 •`(10T3�� gl 1 mo 11 1 O gPPROVED 9WA) if A7 0 5.7 - V o 14A0 Wt0/ �2 CANT. (V 1 1 (999.29. n \ g g aO o $1 I 1 30.5 II 1 1 t EASEMENT o 0 16� ,OIp9t J 1 1 \ o°`y X11 0 1 Al; 61e2,3 8� 0� This drowin has been checked and 43 $ reviewed Ihm7Dfh day of by SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES 10560 WAYZATA BOULEVARD, SUITE I MINNETONKA. MN 55305 (612) 546-7601 FA%:546-9065 q ` 4F CONTACT DEVELOPER FOR ^� 41 SANITARY SEWER AND WATER SERVICE LOCATION 40 0 40 80 120 Feet DEPT: F 19 DATE: 9 + 8 -4 utr I: , DATE: S' 17 - `I S DATE: �f �Ie�abi Aylily that This survey wag prepared under my supervision and that I am a Licensed Land Surveyor under the lows pl the State or Alirinesot . ,1�L// Theodore KKemno Dale: July 29, 1998 License No. 17006 03NNY.os ld3Q `JNINNVid N39SVHNVHo / / tiooa s o snd / N3SSVINVHOj0 / Alli / / / / / / / WIWJdOld 111', awou lsn] 1� Y�91J515A'7"� / / ID -191 z / U d, / „O -J - „ W/ : 3-7VVX Wd djSOdOljd m m a d ,T 0 k N a z rJ 01031V A / Sd�NM0 I 10601 d� „`X \1�,1 ;\.t hit.+h\dd,\dd1Sll ,t Y000G(lVd'L6 WIWJdOld 111', awou lsn] 1� Y�91J515A'7"� / / ID -191 z / U d, / „O -J - „ W/ : 3-7VVX Wd djSOdOljd m m a d ,T 0 k N a z ll u y -P 203NNVOS - „0-,i - „iii ,Twx Nol LVI 39 dVld a96;0docM SOdNoo J9771M gquxaTw WO3094771M0MPallll iN JAL a0171M QOOM N--7aCO IW -=710N a NOTE: a NLL nIDDFNWOOD WIII Of rpm NLLV1'5V1FWD.WIU. 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