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CAS-31_EDWARD & CHERYL BIXBYNon -Scannable Item Item Description -Folder Number H - �2- Folder Name ONE � "a"w °"'� '� Job Number 2322q Box Number 003q Gp-R "3135 PiCKO'rY t➢UBVli3 coMppTIB►-E IW,('arQSS6 LevA t STAFF REPORT PROPOSAL: Request for a 16.1-foot front yard setback variance to construct a one -stall garage with a 13.9-foot front yard setback and a 3.21 % hard surface coverage variance on property located in the Single Family Residential (RSF) zoning district at 3735 Hickory Road. LOCATION: 3735 Hickory Road Lot 5, Block 2, Red Cedar Point Lake Minnewashta a J� APPLICANT: Edward & Cheryl Bixby PVT T� 3735 Hickory Road Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: 0.13 acres (5,991 square feet) DENSITY: NA SUMMARY OF REQUEST: Request for a 16.1-foot front yard setback variance to construct a one - stall garage with a 13.9-foot front yard setback and a 3.21 % hard surface coverage variance on property located in the Single Family Residential (RSF). The property does not currently have a garage. 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. sc"KED Location Map Bixby Variance Request Planning Case No. 06-31 3735 Hickory Road City of Chanhassen Lake Minnewashta SUBJECT SITE SCANNED Bixby Variance Planning Case #06-31 October 3, 2006 Page 2 SUMMARY OF PROPOSAL The subject property is a nonconforming lot of record and is located on Lake N innewashta's Red Cedar Point at 3735 Hickory Road, and is zoned Single Family Residential (RSF). The applicant is requesting a 16.1-foot front yard setback variance from the required 30-foot minimum front yard setback requirement and a 3.21% hard surface coverage variance from the 25% impervious surface restriction for the construction of a one -stall garage. Ordinance Proposed Detached Accessory Structure Area (RSF) 1,000 sq. ft. maximum 280 sq. ft. Front Yard Setback 30' 13.9' Side Yard Setback 10, 10, Hard Surface Coverage 25% 28.23% The zoning ordinance states that eaves may not encroach into the required setback if a variance is granted. In this case the front of the proposed garage will not have an overhanging eave; therefore, the setback will be measured from the foundation of the proposed garage. APPLICABLE REGUATIONS Sec. 20-615. Lot requirements and setbacks. (5) The maximum lot coverage for all structures and paved surfaces is 25 percent. (6) The setbacks are as follows: a. For front yards, 30 feet. b. For rear yards, 30 feet. c. For side yards, 10 feet. Sec. 20-908. Yard regulations. (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 feet, six inches; Sec. 20-904. Accessory structures. (a) A detached accessory structure, except a dock, shall be located in the buildable lot area or required rear yard. No accessory use or structure in any residential district shall be located in any required front, side or rear setback with the following exceptions: Bixby Variance Planning Case #06-31 October 3, 2006 Page 3 Sec. 20-905. Single-family dwellings. All single-family detached homes shall: (2) Conform to the following standards for living areas: d. A two -stall garage must be provided with the single-family structure. BACKGROUND The subject property was platted as part of the Red Cedar Point Lake Minnewashta Subdivision which was recorded on August 30, 1913. The subject property is nonconforming in that it does not meet minimum lot area requirements for the RSF zoning district. At 5,991 square feet the subject property is 40% the size of the required minimum lot size for the RSF district which is 15,000 square feet. The subject property also does not meet lot frontage requirements and does not contain a two -stall garage. Currently, vehicles are parked on a gravel pad located in the front yard with access to Hickory Road. Staff conducted a survey of variances granted on Red Cedar Point and found the following cases: RED CEDAR POINT VARIANCE HISTORY Address Variance Variance File Number 3633 South 22.5-foot front yard setback variance, a 15.8-foot front yard Cedar Drive 06-04 setback variance and a 239% hard surface coverage variance for the construction of a modified three -stall garage 3637 South 19.3-foot front yard setback, 6.2-foot lakeshore setback Cedar Drive 04-07 and a 15% hard surface coverage variance (built to 31.66%) for the expansion of a single-family home 3628 Hickory 13-foot front yard setback, 2-foot front yard setback and 5- Road 02-05 foot side yard setback variances for the construction of a garage. 3733 Hickory 18-foot front yard setback variance, 6-foot side yard Road 00-09 setback variance and a 5 % hard surface coverage variance for the construction of a two -stall garage 7201 Juniper 98 07 11.5-foot front yard variance for the construction of a home Avenue addition 3705 South Two Moot side yard setback variances, a 31-foot Cedar Drive 96-04 lakeshore setback variance and a 25% hard surface coverage variance. 3618 Red Cedar 93 06 15-foot lakeshore and 8-foot side yard setback variances Point Road for the construction of a porch and deck Bixby Variance Planning Case #06-31 October 3, 2006 Page 4 Address Variance Variance File Number 3841 Red Cedar 2-foot side yard setback variance for the construction of a Point Road 93-03 two -stall garage 1.5-foot side yard and 14.5-foot lakeshore setback 92-01 variances for the construction of an attached two -stall 3607 Red Cedar garage Point Road 7.5-foot lakeshore setback variance for the construction of 81-08 a deck and a 13.5-foot lakeshore setback variance for the construction of a 6' x 6' stairway landing pad 3727 South 79-foot lot frontage variance for the construction of a Cedar Drive 91 04 single-family home 3605 Red Cedar 4-foot & 2-foot side yard setback variances and a 26-foot Point Road 88-11 lakeshore setback variance for the construction of a garage and home addition 3725 South 12-foot front yard, Moot side yard, 40-foot lot width and Cedar Drive 87 15 13, 000 sq. it. lot area variances 3629 Red Cedar 12-foot front yard setback and two Moot side yard setback Point Road 87-13 variances for the demolition of an existing cabin and the construction of a new home 3601 Red Cedar 45-foot lakeshore setback variance for the construction of a Point Road 87-10 single-family home 3701 South 5-foot front yard and 35-foot lakeshore setback variances Cedar Drive 85 27 for the construction of a single-family home 3713 South 15-foor front yard setback variance for the construction of a Cedar Drive 85 26 two -stall garage 3624 Red Cedar 4.8-foot side yard and 1.8-foot front yard setback Point Road 85-20 variances for the construction of a garage 3707 South 20-foot front yard setback variance for the construction of a Cedar Drive 84-18 garage 3613 Red Cedar 12-foot front yard, 2-foot side yard and Moot Lakeshore Point Road 83-05 setback variances for the construction of a single-family home 3732 Hickory Two 2-foot side yard, 50-foot lot width and 33-foot Road 82-12 lakeshore setback variances for the construction of a single- family home Bixby Variance Planning Case #06-31 October 3, 2006 Page 5 Address Variance Variance File Number 3607 Red Cedar 13.5-foot lakeshore setback variance for the construction of Point Road 81 08 a deck STREETS The existing right of way width on Hickory Road is 30 feet, which is substandard. Typical right of way width is 60 feet; 50 feet in environmentally sensitive areas. At this location Hickory Road is approximately 18 feet in width. City Code requires minimum 24-foot wide rural (i.e. no curb or gutter) streets within this zoning district. Within the next five years staff anticipates that the streets within Red Cedar Point will be reconstructed due to the poor condition of the streets and the utilities. Reconstruction work within this neighborhood will be challenging since the majority of the right of way within the area is substandard and existing structures are quite close to the right of way. Based on traditional construction techniques and the depth of sanitary sewer and watermain, staff estimates that the excavation limits for the utility replacement will be approximately 47 feet wide. Additional space will be required to place material excavated from the construction trench. Considering that the right of way width in this area is only 30 feet, staff is aware that special construction techniques will likely be required for the future project. Perimeter drainage and utility easements were not included on the Red Cedar Point Lake Minnewashta plat; therefore, space required for the project outside of the 30 foot right of way will need to be secured by permanent and/or temporary easements. In order to keep project costs to a minimum, engineering is attempting to preserve a construction corridor free of structures to provide adequate space for construction. Engineering staff recommends that the garage be set back a minimum of 18 feet from the Hickory Road right of way to ensure that there is adequate space to park a passenger vehicle in the driveway should Hickory Road be widened to the southern edge of the right of way in the future. ANALYSIS The zoning ordinance (Section 20-1124 (2) f) requires two parking spaces, both of which shall be completely enclosed for single-family dwellings. Currently, a single-family dwelling is on site. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. In this case, because the subject property is located in the RSF zoning district, a reasonable use is a single-family home with a two -stall garage. Therefore, the applicant currently does not have reasonable use of the property. The subject property is only 5,991 square feet in area (40 feet wide by 150 feet in depth) so location options for the garage are limited. Only 25 percent of the property may be covered with hard surface, including structures with roofs, sidewalks, patios and driveways. Since the subject property is only 5,991 square feet in area, only 1,497 square feet of the site can be covered with impervious surface. The buildable area is limited by the required 30-foot front and rear yard setbacks and 10-foot side yard setbacks. Bixby Variance Planning Case #06-31 October 3, 2006 Page 6 HARD SURFACE COVERAGE CALCULATIONS Applicants Garage w/ staff Garage meeting Existing (sq. Proposal (� recommended 18- 30-foot setback ft) ft.) foot setback (sq. (sq. ft.) ft.) Lot Area 5,991 5,991 5,991 5,991 House 850 850 850 850 Porch 208 208 208 208 Concrete 164 159 153 134 Retaining Walls 27 27 27 27 Shed 104 0 0 0 Landscaping w/ 43 0 0 0 plastic Garage 0 280 280 280 Driveway 192 (gravel) 166 216 360 TOTAL 1,588 1,690 1,734 1 1,859 Hard Cover 26.51% 28.21% 28.94% 31.03% Percentage The applicant could construct a one -stall garage on the property without the need for a front yard setback variance; however, increasing the proposed front yard setback would significantly increase the hard surface coverage on the lot due to the need for additional driveway. A variance to the hard surface coverage restriction would still be necessary. As proposed, the subject property would contain a 13.9-foot driveway. Approximately 5.5 feet of the proposed driveway would lie in the right-of-way. The total length of the proposed driveway will be 19.4 feet, thus meeting the City ordinance requiring parking spaces to be 18-feet deep. However, if Hickory Road is widened in the future the applicants' driveway would be shortened, thus, bringing it below parking space standards. By requiring the garage to be setback 18-feet from the front property line the applicant will be ensured the use of at least an 18-foot driveway. The increased setback will increase the hard surface coverage variance, however, staff feels the recommended 18-foot setback and associated hard surface coverage of 28.94% are reasonable and is recommending approval of such variances. The applicants proposal would place the garage 27- feet from the principal structure whereas staffs recommendation would place the proposed garage 23-feet from the principal structure. It should be noted that the applicant has made an effort to minimize the amount of hard surface coverage to be placed on the property by proposing the construction of a one -stall garage rather than a two -stall garage and reducing the length of the proposed driveway. The applicant is proposing to remove an existing storage shed and landscaping with a plastic liner if the variance request is granted. The combined hard surface coverage of these two items to be removed total 147 square feet, or 2.45% of the lot area. As the "Red Cedar Point Variance History" chart above will show, there are numerous properties in this neighborhood that have received variances from setback and hard surface coverage restrictions. Staff reviewed surveys of surrounding properties and found that the homes on the north side of Bixby Variance Planning Case #06-31 October 3, 2006 Page 7 Hickory Road meet all required setbacks because the homes were built in the 1980's and 1990's. Carver County records indicate that the homes on the south side of Hickory Road were constructed in 1930 and are small cabin -like structures based upon square footage. The property immediately adjacent to the subject property on the east (3733 Hickory Road) was granted a variance in 2000 for the construction of a two -stall garage. In that case an 18-foot front yard setback, 6-foot side yard setback and 5% hard surface coverage variances were granted. The proposed garage will not be constructed any closer to the front property line, or street, than the garage at 3733 Hickory Road. Because the property currently cannot be put to reasonable use due to the lack of a two -stall garage, staff is recommending approval of a variance for the construction of a one -stall garage with an 18-foot front yard setback and an increase in hard surface coverage (28.94%) necessary to serve the garage. 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: 1. That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, 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 in developed neighborhoods preexisting standards exist. Variances that blend with these preexisting standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter would cause an undue hardship. Due to the lack of a two -stall garage on the property the applicant does not have reasonable use of the property 2. 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 that lie within the Single Family Residential District. Due to the unique character of Red Cedar Point, there are numerous properties in this neighborhood that have received variances from setback and hard surface coverage restrictions. 3. 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 proposed development will increase the value of the property. However, construction of a one -stall garage would bring the property closer to compliance with City Code. Bixby Variance Planning Case #06-31 October 3, 2006 Page 8 4. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged hardship is not self-created because the property does not contain a garage. The property was platted in 1913. The subject lot represents only 40% of a standard lot in the RSF district. 5. 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 for a one -stall garage would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located because the proposed garage would not depart from preexisting neighborhood standards. The granting of a variance for at least a two -stall garage would be necessary to bring the site into compliance with City Code. 6. 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 fine or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed one -stall garage will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. RECOMMENDATION Planning Commission has the option to either approve motion A (staff recommendation to accommodate for future right-of-way expansion) or motion B (applicant proposal). Staff recommends that the Planning Commission adopt motion A: A. "The Planning Commission approves Variance #06-31 for a 12-foot front yard setback variance to construct a one -stall garage with a 18-foot front yard setback and a 3.94% hard surface coverage variance on property located in the Single Family Residential (RSF) with the following conditions: 1. A building permit is required for the construction of the garage. 2. A revised survey showing proposed structures and hard surface coverage data must be submitted with the building permit application." B. "The Planning Commission approves Variance #06-31 for a 16.1-foot front yard setback variance to construct a one -stall garage with an 13.9-foot front yard setback and a 3.21% hard surface coverage variance on property located in the Single Family Residential (RSF) with the following conditions: 1. A building permit is required for the construction of the garage. Bixby Variance Planning Case #06-31 October 3, 2006 Page 9 2. A revised survey showing proposed structures and hard surface coverage data must be submitted with the building permit application." ATTACHMENTS 1. Findings of Fact — Applicant Proposal. 2. Findings of Fact — Staff Recommendation. 3. Development Review Application. 4. Letter from Ed Bixby to the City of Chanhassen dated August 18, 2006. 5. Lot Survey. 6. Aerial Photograph. 7. Pictures of neighborhood garages with reduced setbacks. 8. Map of Red Cedar Point Variances. 9. Property Tax Statement. 10. Public Hearing Notice and Affidavit of Mailing. 9:\plan\2006 planning casest06-31 bizby variance\staff ncport.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION (Applicant Proposal) IN RE: Application of Ed & Cheryl Bixby for a 16.1-foot front yard setback variance to construct a one -stall garage with a 13.9-foot front yard setback and a 3.21 % hard surface coverage variance on property located in the Single Family Residential (RSF) District — Planning Case No. 06-31. On October 3, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Ed & Cheryl Bixby for a 16.1-foot front yard setback variance to construct a one -stall garage with a 13.9-foot front yard setback and a 3.21% hard surface coverage variance on property located in the Single Family Residential (RSF) District at Lot 5, Block 2, Red Cedar Point Lake Minnewashta. The Planning Commission conducted a public hearing on the proposed variances that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 5, Block 2, Red Cedar Point Lake Minnewashta. 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. Literal enforcement of this chapter would cause an undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential district. c. That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. d. The alleged difficulty or hardship is not a self-created hardship. e. That 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 of land is located. 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. 5. The planning report #06-31 Variance dated October 3, 2006, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Planning Commission approves the Variances from the front yard setback and impervious surface restrictions of the Single Family Residential (RSF) District for the construction of a one -stall garage on property zoned RSF. ADOPTED by the Chanhassen Planning Commission on this Yd day of October, 2006. CHANHASSEN PLANNING COMMISSION M Jerry McDonald, Its Chairman gAplan\2006 planing cases\06-31 bixby varianceViindings of fact - applicant proposal.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION (Staff Recommendation) IN RE: Application of Ed & Cheryl Bixby for a 12-foot front yard setback variance to construct a one -stall garage with a 18-foot front yard setback and a 3.94% hard surface coverage variance on property located in the Single Family Residential (RSF) District — Planning Case No. 06-31. On October 3, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Ed & Cheryl Bixby for a 12-foot front yard setback variance to construct a one -stall garage with a 18-foot front yard setback and a 3.94% hard surface coverage variance on property located in the Single Family Residential (RSF) District at Lot 5, Block 2, Red Cedar Point Lake Minnewashta. The Planning Commission conducted a public hearing on the proposed variances that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 5, Block 2, Red Cedar Point Lake Minnewashta. 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. Literal enforcement of this chapter would cause an undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential district. c. That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. d. The alleged difficulty or hardship is not a self-created hardship. e. That 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 of land is located. 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 5. The planning report #06-31 Variance dated October 3, 2006, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Planning Commission approves the Variances from the front yard setback and impervious surface restrictions of the Single Family Residential (RSF) District for the construction of a one -stall garage on property zoned RSF. ADOPTED by the Chanhassen Planning Commission on this 3`a day of October, 2006. CHANHASSEN PLANNING COMMISSION IM Jerry McDonald, Its Chairman g.xplan\2006 planing c s\06-31 bixby variance\findings of fact - staff mcommendationAm CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION rKIN I Applicant Name and Address: Ed qP'd Gl.aryl Q iyby 3735- Nrcfcory Lake E)ecc%S:Dr, MN SS331 Contact: Phone: 9S2-970-osi6 Fax: Email: edb%x®Y4hoo, cam Planning Case No. 0(0 3 1 Owner Name and Address: E01aK.d G14e.rr/ 6iX6y. 373.5 H.'ckor y Lane Exce.lstor, MN S5-331 Phone: 9s2-V7o-0S/s Fax: Email: e d b x oyati oo. co M NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) . Variance (VAR) 1>6 Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X E for Filing Fees/Attorney Cost** 00 PISPR/VAC/VARNVAP/Metes & Bounds 450 Minor SUB TOTAL FEE $ .ZsT� An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: 6--o`d'a9e 0. d Dr:Ve_ L-,P, LOCATION: 3735 N� Ckoey gnadr Gkghh4SSe-h MN SS3 3 LEGAL DESCRIPTION: Hof S a,d 7%e Wesi- VO fee.% of ^e- C—Sf SP feet 0IC Lot 20 610ck 20 CaV-Ver COMM4yr �,h�e SP*1k, TOTAL ACREAGE: . i37s Akkre WETLANDS PRESENT: pp YES NO PRESENT ZONING: IL S F REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: W e- W o k l o! 1" ke_ --o b `" f d a 9 cL r ,9e L ti d dray Oh oa.r Pra�er� bwt f&A orde..r fo rt,ee_f -Me hard cover re-pu:rer-1ewe_ need 'f-o Mkt �� 9�f4ye le SS -ik-k. 30 Ire- e.-J- FroA, 11,e Pr fer drive v.4ys Are_ Verx CO/L, e-PA" iIn 7L, iSLA/c l.r 0u I00e &L &I heed +9 ree—ve 0, ,Sl+eP/ o, ") SPr,-e I"ds'�-P coA.ply, This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate 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. Signature of Applicant I P 1 2on6 Date SCANNED Signature of Fee Owner G:\pLANVorms\Development Review Application.DOC Date Rev. 12/05 August 18, 2066 Proposed Variance for the construction of a garage at 3735 Hickory Lane in Chanhassen We would like to build a garage on our property but require a variance in order to comply with the hardcover requirements. According to our survey, our lot totals 5991 sq. ft., and our hardcover is currently 1188 sq. ft., or 19.8%. If we add a 280 sq.ft. Garage (14' x 20% that would increase the total hardcover to 24.4%, so there wouldn't be any hardcover allowance left for a driveway. So our proposal is as follows: -We will remove the shed in the back yard, and the landscaping with plastic, on the Northeast comer of the lot, to gain an additional 143 sq. ft. to work with. -Rather than placing the garage 30' from the street, per code, we would like to place it 14' from the property line, or approximately 20' from the street. This will allow us to build a 12' wide driveway, 14' of which, would be on our lot, which would take up 168 sq. ft. of hardcover on our lot. -This would bring the total hardcover to 1488 sq. ft., or 24.84%. So the variance we are requesting is to place the garage 10' closer to the street, to meet the hardcover requirement. The most comparable house on our street is right next -door at 3733 Hickory Lane. She constructed a new garage within the last few years, and obtained a variance to do so, and her garage is also only 20' from the street. This would make our garages parallel. As these would be the only two garages on our side of the street, it would provide a consistent look on the street. Besides 3733 Hickory Lane, there are 8 other properties within 500' of our property, that have garages less than 30' from the road. They are" -3715 Hickory Lane -3706 Hickory Lane -3632 Hickory Lane -3630 Hickory Lane -3628 Hickory Lane -7201 Juniper Avenue -7024 Red Cedar Cove -7028 Red Cedar Cove This is an old neighborhood and there many other homes with similar short driveways, so this would not be out of the ordinary. Attached are a Plot Plan, and photos of the above listed neighbors garages. Ed Bixby 3735 Hickory Lane Excelsior, MN 55331 952-470-0516 edbix@yahoo.com SCANNEn HICKORY R04P X94., BENCHMARK: 9442X X9443 X944.4 TOP NUT HYDRANT h y b E1EV.-947.9i �z --1' S 89'43'13" W " a " 9*$3 39.78-- X945.6 / r 12.0 \ D IRON FOUND " 0.30 FT A EAST OF PROPERTY LINE X946.0 LEI (O N pt 1 0 b X946.9 X948.1 O Z 7.1 W K-M 951.6 X WN . 10.0 1 6.0 if 946.8X 947 N O O 1O s_ I 1 Z E-AST NG pWEWNG X9503 W-9 101 TO BE c REMOVED 'a N 9♦� N 10.2 10.5� 95L5X D IRON X9531 FOUND IRON --40.00-- ' N 89'56'08' W _X9501 >R Z Q ri E N, 1 3 is � � r ,t i wj 0 a s`Y ? i • � I YY i11 `•6 1J Ln, t �- SCANNED 3�3z HI GK oV-/ �akAe SCANNED 362- 3 3 � 3 0 I C- r y A I"d Lc;, I', e H,` ck O L L0.�Ae SCAt4NEO {'c. .a ydi. �' -a ay11 is � � "•• n Y � s J �' ��- � � - .�y.�/ � � .� �.. ��'� w;:�. -.++ , � Y� L *. ti ��' � � �� t,�.-. j i� "i F. t_�4-; _._,_. ..... _ . .. RED CEDAR POINT Lots w/ Variances ■ Subject Property Lake Minnewashta Lake Minnewashta Carver County Government Center Mark Lundgren - Carver County Auditor Administration Building 600 East Fourth Street CARVER Chaska, MN 56318-2102 COUNTY PHONE (952) 361-1910 Your Proposed Property Tax for 2006 IMPORTANT INFORMATION IS PRINTED ON THE BACK OF THIS FORM Property ID: R25.6600180 59 EDWARD H 8 CHERYL A BIXBY 22700 3735 HICKORY RD EXCELSIOR MN 55331-7769 Irl rl 11111 rrrll 11111 its II llrrr IIIII IIIII r 111111111111 111111111 Your taxable market value for property tax payable in 2006 was sent to you in the spring of 2005. The period to discuss possible changes has passed and changes can no longer be made to your property valuation. It is included here for Your information only. Legal Description: Sect-08 Tvp-116 Range-023 RED CEDAR POINT LK MINNEWASHTA Lot-005 Block-002 & W 40'OF E 89 OF LOT 20 Property Address: 3735 HICKORY RD EXCELSIOR MN 55331-7769 Taxes Payable Taxes Payable in 2005 in 2D06 Taxable Market Value: $108,600 $124,900 Property RESDENrNL-HOWSTEAD RESIDENTIAL-HOWSTEAD Classification: - Mailing Addresses Hearing Dates (1) (2) and Telephone Numbers and Locations Actual 2005 Proposed 2DO6 Property Tax Property Tax TOTAL excluding special assesments $ 1,091.00 $ 1,222.00 Percent of Change 12.0% ARVERCOUNTY-ADMINISTRATION CARVER COUNTY $ 357.74 $ 408.04 GOVT CENTER - 602 4TH ST E DEC 1, 2005 - TOOPM CHASKA, MN 55318-2102 GOVERNMENT CENTER -CO BOARD RM 602 4TH ST E (952) 361-1510 CHASKA, MN CITY OF CHANHASSEN CITY OF CHANHASSEN $ 286.42 $ 311.91 PO BOX 147 DEC 5, 2005 - TOOPM CHANHASSEN,MN 55317-0147 CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD SSTATE GENERAL TAX NO MEETING REQUIRED $ 0.00 $ 0.00 D 0276 - ATTN: FINANCE & OPER SCHOOL DISTRICT 276 5621 CO RD 101 NOV 29, 2005 - TOOPM MINNETONKA,MN 553454214 SERVICE CENTER-COMMUNI T Y-ROOM (952)401-5000 5621 CO RD 101 MINNETONKA, MN VOTER APPROVED LEVIES $ 329.32 $ 333.72 OTHER LOCAL LEVIES 72.46 112.93 METRO SPECIAL TAXING DISTRICTS METRO SPECIAL TAXING DISTRICTS $ 22.33 $ 30.36 MEARS PARK CENTRE DEC 7, 2005 - 7:30PM 230 FIFTH ST EAST MEARS PARK CENTRE ST PAUL, MN 55101-1634 230 FIFTH ST EAST ST PAUL, MN 55101-1634 OTHER SPECIAL TAXING DISTRICTS NO MEETING REQUIRED $ 22.73 $ 25.04 THIS IS NOT A BILL • DO NOT PAY ' 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 September 21, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Ed & Cheryl Bixby Variance — Planning Case No. 06-31 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 "day of �p M 19Pr , 2006. AM LA LOLJ4kA� _ 1 , Notary Pu lic 'M T. MEUWI88EN 3 �. Notary Public_ Minnesota My Cgnmisagn FEpiraa Jan 31, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 3, 2006 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for construction of a detached garage requiring Proposal: variances on property zoned Residential Single Family — Planning Case No. 06-31 Applicant: Ed & Cheryl Bixby Property 3735 Hickory Lane Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sery/plan/06-3l.htmi 'If you wish to talk to someone about this project, please contact Josh Metzer by email at imetzerOci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Stan 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 commerciaUndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Plannino Stall person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 3, 2006 at 7:00 p.m. This hearing may not start ' until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for construction of a detached garage requiring Proposal: variances on property zoned Residential Single Family — Planning Case No. 06-31 Applicant: Ed & Cheryl Bixby Property 3735 Hickory Lane Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens W 1. Staff will give an overview of the proposed project. the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/06-3l.html. If you wish to talk to someone about this project, please contact Josh Metzer by email at imetzer@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation, Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included In the report, lease contact the Plannino Staff person named on the notification. Lake Mxa Frxj-41-9-71P ulsclalmer This crap is nether a legally recorded mep her a survey and is not intended to he used as one. This MP is a cortpiiatch of records, infomregon and data located in various city, county, state and federal offices and other sources regarding Me area shown, and is to be used for reference purpouas only. The Cry does not warrant that Me Geographic IMormhon System GIS) Data used to prepare this map are error free, and the City does nth represent Met the GIS Data can be used for navigational, Irdciting or any other purpose requiring exacting measurement of distance or direction or predsion in Me depctim of geographic features, g shors or discrepandes are found cease contact 962-227-1107. The practicing dieckairred is provided pursuant to Minnesota Statutes §466.03, Sued. 21 (2000), and Me user of this map acknowledges that the City shall rout be liable for any damages, aced expressly waves all dam, and agrees to defend, indemnity, and held handess the City from any and all darts brought by User, its ertpkoyeas or agents, or Mire parties which arise put of the users access or use of data provided. SLEJECT SM This map is homer a legally recorded !info her a survey and is net Intended to be used as me. Ties map is a mhpllation of records, infomlatlm arW dims located In various city, county, safe arm federal offices and other sources regarding Me area shown, and is M be used for reference purposes onty. The City does not warrant that the Geographic InfonnMon System (GIS) Data used to prepare this map are error fee, and the City tices na represent Met Me GIS Data can be used for navigational, tracking or any other purpose requiring exacting rreasuremenl of distance or direction or predsim in me depiction of geographic features. If errors or dscreparicies are found pease contact 952-227-1107, The preceding disclamer is provided pursuant to Minnesota Statutes §466.03, Sued. 21 (2000), and Me user of this map acknowledges that the Gy shall not be liable for my damages, and expressly waives all darts, and agrees to defend, indemnity, and held ham'iess Me City from my and all claim brought by User, its employees or agents. or Mud parties which arise out of the users access or use of data provided. JOANNE T KIMBLE 8 ROBERT D & JOY D WILSON 7054 MELVIN A KIMBLE ROBERT E RS TRUSTEES OF WILSON FAM TRUST 7058 RED CEDAR CV 05E RED CEDAR CV 7048 RED CEDAR CV EXCELSIOR, MN 55331 -7795 EXCELSIOR , MN 55331 -7795 EXCELSIOR, MN 55331 -7995 LANE L & RENEA M WOODLAND OUAI D'ANJOU LLC WILLARD E MORTON 7034 RED CEDAR CV 4510 WEST LAKERIDGE 7024 RED CEDAR CV EXCELSIOR, MN 55331 -7795 DENVER . CO 80219 -5623 EXCELSIOR, MN 55331 -7795 MARGO J JESKE PAMELA ANN SMITH GREGORY G & JOAN S DATTILO 7096 RED CEDAR CV 3720 RED CEDAR POINT DR 7201 JUNIPER EXCELSIOR, MN 55331 -7796 EXCELSIOR, MN 55331 -9675 EXCELSIOR, MN 55331 -9614 KATHRYN B HAWORTH-TRUSTEE ROBERT & CAROL HOLZINGER C/O CHARLES HAWORTH TRUSTEES OF TRUST K 670 195 L & DEBRA S RENNICK 7044 RED CEDAR CV 7038 RED CEDAR CV NEW 1 PRAG ST EXCELSIOR, MN 55331 -7795 EXCELSIOR, MN 55331 -7795 NEW UE , MN 56071 -4522 ROBIN L & MATTHEW J ROBEY PATRICK R GORMAN EDWARD H & CHERYL A BIXBY 3040 RED CEDAR POINT RD 3737 HICKORY RD 3735 HICKORY RD EXCELSIOR, MN 55331 -7765 EXCELSIOR, MN 55331 -7769 EXCELSIOR, MN 55331 -7769 BRENDA LEE BLAHA ROGER L & DOROTHY P DOWNING BERNARD & HELEN LEACH 3733 HICKORY RD 7200 JUNIPER 3830 RED CEDAR POINT RD EXCELSIOR, MN 55331 -7769 PO BOX 651 EXCELSIOR, MN 55331 -7765 CHANHASSEN , MN 55317 -0651 ELIZABETH J NOVAK GARY ALAN PETERSON & JOSEPH A MRAZ & 7210 JUNIPER KAREN AUDREY PETERSON SHANNON E HOBAN EXCELSIOR, MN 55331 -9613 1769 20TH AVE NW 3861 RED CEDAR POINT RD NEW BRIGHTON , MN 55112 -5433 EXCELSIOR, MN 55331 -7766 J BENSON CONSTRUCTION PAMELA A SMITH PETER J SCHISSEL 7020 WALKER ST 3720 RED CEDAR POINT RD 3861 RED CEDAR POINT RD ST LOUIS PARK, MN 55426 -4222 EXCELSIOR, MN 55331 -9675 EXCELSIOR, MN 55331 -7766 KEVIN & MICHELE CLARK JIM P & SUSAN M GULSTRAND MICHAEL D & CYNTHIA H WENNER 3841 RED CEDAR POINT RD 3831 RED CEDAR POINT RD 3801 RED CEDAR POINT RD EXCELSIOR, MN 55331 -7766 EXCELSIOR, MN 55331 -7766 EXCELSIOR, MN 55331 -7766 JOHN R MARX & SUSAN A & JOHN R BELL HEIDI A RIGELMAN PETER WOOD & LYNN M HAWLEY JASON A 3755 RED CEDAR POINT RD 4224 LINDEN HILLS BLVD 3821 RED CEDAR EDAR POINT EXCELSIOR, MN 55331 -9676 MINNEAPOLIS , MN 55410 -1606 EXCELSIOR, MN 55331 -77766 6 RICHARD B & MARIANNE F ANDING TAB B & KAY M ERICKSON JAMES & PATRICIA A MOORE 3715 SOUTH CEDAR 3720 SOUTH CEDAR 3630 HICKORY RD EXCELSIOR, MN 55331 -9688 EXCELSIOR, MN 55331 -9687 EXCELSIOR, MN 55331 -9766 RICHARD H & DOROTHY M COMER 38W RED CEDAR POINT RD EXCELSIOR. MN 55331 -7765 ALLEN R & CARRIE A HOFFMAN 3732 HICKORY RD EXCELSIOR, MN 55331 -9768 TIMOTHY J NELSON & DANA E COOKE 3724 HICKORY RD EXCELSIOR, MN 55331 -9766 JOHN P BAUMTROG & ILENE M LEISTER 3738 HICKORY RD EXCELSIOR. MN 55331 -9768 ALFRED & CARLOTTA F SMITH 3714 HICKORY RD EXCELSIOR, MN 55331 -9766 MICHAEL & SUSAN L MORGAN 3734 HICKORY RD EXCELSIOR. MN 55331 -9768 GARY PETERSON 1769 20TH AVE NW NEW BRIGHTON , MN 55112 -5433 RED CEDAR COVE TOWNHOUSE PO BOX 181 EXCELSIOR, MN 55331 -0181 CHRIS & KRISTINE WEDES 3716 HICKORY RD EXCELSIOR. MN 55331 -9766 WILLIAM J & HELEN E WILSON 5445 ZUMBRA DR EXCELSIOR, MN 55331 -7756 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR, MN 55331 -9768 Publication Hearing Notification Area (500 feet) Bixby Variance Request Planning Case No. 06-31 3735 Hickory Road City of Chanhassen Lake Minnewashta IY Q Sd_ SUBJECT SITE 0 M077a R/1 I h/7't RTXRY F.n ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474-7964 Fax (952) 474-8267 SURVEY FOR: ED BIXBY SURVEYED: August, 2006 DRAFTED: August 2, 2006 LEGAL DESCRIPTION: Lot 5 and the West 40 feet of the East 80 feet of Lot 20, Block 2, Carver County, Minnesota. SCOPE OF WORK: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the corners of the property. 4. Showing and tabulating hard cover and area of the lot for your review and for the review of such governmental agencies as may have jurisdiction over hard cover requirements. 5. While we show proposed improvements to your property, we not as familiar with your plans as you are nor are we as familiar with the requirements of governmental agencies as their employees are. We suggest that you review the survey to confirm that the proposals are what you intend and submit the survey to such governmental agencies as may have jurisdiction over your project to gain their approvals if you can. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. STANDARD SYMBOLS & CONVENTIONS: " • " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. I hereby certify that this plan, specification, report or survey was prepared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. N1�S2LL &H. Parker P.E. & P.S. No. 9235 GRAPHIC SCALE ( IN FEET ) EXISTING HMPMVER House 850 Sq. Ft. Concrete 164 Sq. Ft. Shed 104 Sq. Ft. Retaining Walls 27 Sq. Ft. Landscaping with plastic 43 Sq. Ft. TOTAL HARDCOVER 1,188 Sq. Ft. AREA OF LOT 5,991 Sq. Ft. %HARDCOVER 19.8 % PROPOSEI> HARDCOVER House 850 Sq. Ft. Concrete 159 Sq. Ft. Shed 104 Sq. Ft. Retaining Walls 27 Sq. Ft. Landscaping with plastic 43 Sq. Ft. Garage 280 Sq. Ft. TOTAL HARDCOVER 1,463 Sq. Ft. AREA OF LOT 5,991 Sq. Ft. %HARDCOVER 24.4% 229 Sq. Ft. Deck not included in calculations IIICA�ORY E0,4P a ,i BENCHMARK: 944.2X t'] X944.3 X944.4 X944,7 TOP NUT HYDRANT EIEV.-947.9� tias---:c -S 89'43'13" W „ X945.6 \ FOUND IRON 0.30 FT I -FOUND IRON `EAST OF PROPERTY LINE J 0. X946.0 1.1 X946.9 6.0 1 6.0 Z ' I 24--- I CONCRETE 946.BX 947.; a PORCH q' Na /24.5 N 9� z PO 1 q 949.I c 9.5 / i m EXISTING N w DWELLING 9sD.ax a X 7.1 • i 9s O> m 8.0 - 16.3 _. - C DECK W I ocn 950 Z 951.6X X950.7 950,0 1 2 o SHED N 0. 10.5 951.5X N X953.1 FOUND IRI --40.00-- N 89'56'08" W W r N M on to 0 E 0 W I z 00 N O� N 01 O M b I O Z X950.1 I xc NO. 060771 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. jamnik Andrea McDowell Poehle; Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, I I I Alina Schwartz Craig R. McDowell Marguerite M. McCarron • Also Licensed in Wisconsin 1380 Corporate Center Curve Suite 317 • Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association ••• RECEIVED Direct Dial: (651) 234-6222 E-mailAddress: snelson@ck-law.com NOV 17 2006 November 16, 2006 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 CITY OF CHANHASSEN RE: CHANHASSEN — MISC. RECORDED DOCUMENTS ➢ Variance #06-31— Bixby, Edward & Cheryl / 3735 Hickory Road (Lot 5, Block 2, Red Cedar Point Lake Minnewashta) Dear Kim: Enclosed for the City's files please find original recorded Variance #06-31 which was filed with Carver County on October 25, 2006 as Torrens Document No. T160561. SRN:ms Enclosure Regards, CAMPBELL KNUTSON Professional Association B Sy an R. Nelson, Leg 1 Assistant SCANNED Document No. OFFICE OF THE T 160561 REGISTRAR OF TITLES IIIIIII IIII II III III CTA ARVER k# 16433 MIEN $E 46 .00 Certified Recorded on 10-25-2006 at 09:00 � AM ❑ PM 2006-10-25 I IIIIIIIIIIIIIIIIIIIIIIIIIIIiIII11111AIL RegstrarofTitlesr CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 06-31 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Planning Commission approves Variance #06-31 for a 12-foot front yard setback variance to construct a one -stall garage with a 18-foot front yard setback and a 3.94% hard surface coverage variance on property located in the Single Family Residential (RSF) District. 2. Prooerty. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 5, Block 2, Red Cedar Point Lake Minnewashta 3. Conditions. The variance approval is subject to the following conditions: 1. A building permit is required for the construction of the garage. 2. A revised survey showing proposed structures and hard surface coverage data must be submitted with the building permit application. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: October 3, 2006 SCANNED x.: (SEAL) STATE OF MNNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN B 71LW,,� k: Thomas A. Furlon A Mayoorr AND: " ' / 1 odd Gerhardt, City Manager The foregoing instrument was acknowledged before me thisday of ,fir , 2006 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. KIM T. MEUWISSEN Notary Public -Minnesota My Commission Expires Jan 31, 2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 TARY PUB C * ArJv�a'e `A oc0-3I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION (Staff Recommendation) IN RE: Application of Ed & Cheryl Bixby for a 12-foot front yard setback variance to construct a one -stall garage with a 18-foot front yard setback and a 3.94% hard surface coverage variance on property located in the Single Family Residential (RSF) District — Planning Case No. 06-31. On October 3, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Ed & Cheryl Bixby for a 12-foot front yard setback variance to construct a one -stall garage with a 18-foot front yard setback and a 3.94% hard surface coverage variance on property located in the Single Family Residential (RSF) District at Lot 5, Block 2, Red Cedar Point Lake Minnewashta. The Planning Commission conducted a public hearing on the proposed variances that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 5, Block 2, Red Cedar Point Lake Minnewashta. 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. Literal enforcement of this chapter would cause an undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential district. c. That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. d. The alleged difficulty or hardship is not a self-created hardship. e. That 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 of land is located. 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. 5. The planning report #06-31 Variance dated October 3, 2006, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Planning Commission approves the Variances from the front yard setback and impervious surface restrictions of the Single Family Residential (RSF) District for the construction of a one -stall garage on property zoned RSF. ADOPTED by the Chanhassen Planning Commission on this 3'd day of October, 2006. CHANHASSEN PLANNING giplan\2006 planning cases\06-31 bixby variance\findings CffYOF CAANAASSEN T700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952227.1180 Fax: 952.227,1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning 6 Natural Resources Phone: 952 227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us October 6, 2006 Ed & Cheryl Bixby 3735 Hickory Road Excelsior, MN 55331 Re: Variance, 3735 Hickory Road — Planning Case #06-31 Dear Mr. & Mrs. Bixby: This letter is to formally notify you that on October 3, 2006, the Chanhassen Planning Commission approved the following motion: "The Planning Commission approves Variance #06-31 for a 12-foot front yard setback variance to construct a one -stall garage with a 18-foot front yard setback and a 3.94% hard surface coverage variance on property located in the Single Family Residential (RSF) District with the following conditions: 1. A building permit is required for the construction of the garage. 2. A revised survey showing proposed structures and hard surface coverage data must be submitted with the building permit application. If you have any questions, please contact me at 952-227-1132 or by email at imetzer@ci.chanhassen.mn.us. Sincerely, ;osh Metzer g9plan12006 planning cases\06-31 bizby variancelapproval lettaAm ICANk11CC 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. o(,- 31 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 09/25/2006 12:01 PM Receipt No. 0023059 CLERK: katie PAYEE: EDWARD BIXBY 3735 HICKORY ROAD EXCELSIOR MN 55331 planning case 06-31 500' fo 3735 Hickory Lane ------------------------------------------------------- GIS List 129.00 Total 129.00 Cash 0.00 Check 300105 129.00 Change relfferf, SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 OF (952) 227-1100 To: Ed & Cheryl Bixby 3735 Hickory Lane Excelsior, MN 55331 Invoice SALESPERSON DATE TERMS KTM 9/21/06 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 43 Property Owners List within 500' of 3735 Hickory Lane (43 labels) $3.00 $129.00 TOTAL DUE $129.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for October 3, 2006. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #06-31. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL NO. 10/11/06 ATTENTION Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 8/28/06 06-23 Variance - 3891 West 62n Street Lot 6, Schmid's Acre Tracts 1 9/25/06 06-29 Variance - 6221 Greenbriar Avenue (Lot 16, Block 4, Minnewashta Heights 1 10/3/06 06-31 Variance - 3735 Hickory Road (Lot 5, Block 2, Red Cedar Point Lake Minnewashta THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ 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 COPY TO: Gary Carlson (06-23) Marvin & Patricia Onken (06-29) Edward & Cheryl Bixby (06-31) SIGNED:, "� —N-e JLA LIL Kim Meuwisse , (952) 227-1107 SCANNED n enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NIINNESOTA VARIANCE 06-31 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Planning Commission approves Variance #06-31 for a 12-foot front yard setback variance to construct a one -stall garage with a 18-foot front yard setback and a 3.94% hard surface coverage variance on property located in the Single Family Residential (RSF) District. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 5, Block 2, Red Cedar Point Lake Minnewashta 3. Conditions. The variance approval is subject to the following conditions: 1. A building permit is required for the construction of the garage. 2. A revised survey showing proposed structures and hard surface coverage data must be submitted with the building permit application. 4. Lam. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: October 3, 2006 (SEA-) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN Thomas A. Furlon Mayoorr/ AND: odd Gerhardt, City Manager The foregoing instrument was acknowledged before me this -Wday of 07-Ww, 2006 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. dN u1r KIM T. MEUWISSEN Notary Public -Minnesota '•,"r....i "' My CommiZ ExW, J_ 31. 2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 NOTARY PUB C. 2 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.0&31 NOTICE IS HEREBYGIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, October 3, 2006, at 7:00 P.M. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is toconsidera re(luestfor comtruction of a detached garage requiring variances on property zoned Residential Single Family located at 3735 Hickory Lane. Applicant: Ed & Cheryl Bixby. A plan showing the location of the proposal is available for public review on the City's web site at iwww ci r anhass n mn i plan/06-31 htmlorat City Hallduring gularb messhours. Allinterested Persons are invited to attend this public hearing and express their opinions with respect to this proposal. Josh Metzer, Planner I Email: imetzerCaci.chanhassen.mn.us Phone: 952-227-1132 (PublishedintheChanhassenVillager on Thursday, September2l, 2006; No. 4740) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, 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.y,/2_V_0 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: abcdefghuklmnopgrsttu'vwxyz Laurie A. Hartmann Subscribed and sworn before me on this Af�� day -of 2006 Notary Public RATE INFORMATION GWEN M. MWENZ NOTARY PIJK C-MINNESOTA My Caru =M EViea Jea 31, 2010 Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter ................................ $40.00 per column inch Rate actually charged for the above matter ............................................... $11.51 per column inch •CANNED amp RED CEDAR POINT ❑ Lots w/ Variances ■ Subject Property Lake Minnewashta Lake Minnewashta 944.2X o IIICI-ORY Ro,4,o X944.3 P X944.4 o 1'1 X944.7 qPP PP =--S P P qP qP 89'43'13" W --39.78--X945.6`FOUND IRON 0. IEAST 0 FT FOUND IRON OF PROPER LINE JOO' X946.0 9 14.0 0 � N� w U LL.I 14.0 6.0 6.0 (p I 46.3 N n Cn oi X946.9 946.7 X946.1 O 1 Z I LLI Fj CONCRETE 946.8X 947.1 N O n O PORCH O I O qP z /24.5 9RS Z v z Pq q 949.0 0 9.5 czi / U N : EXISTING u DWELLING m 949.8 950. XX k 7.1 p/ 16.3 8.0 - X950.1 DECK LLI 950.7 950.3 W X950.7 n I N 0) I � NOx 00 N OO N O In 950.8 O In o ZI 10.5 Z 951.6X 951.5X -- �_ I' FOUND IRON X953.1 FOUND IRON yg2� --40.00-- - N 89'56'08" W fml HICKORY E04P 00 X944.7 BENCHMARK: 944.2X M X944.3 X944.4 TOP NUT HYDRANT h h s ELEV.-947.9� hh. w ahh ,a S 89'43'13" W s+S3 --39.78-- X945.6 12.0 FOUND IRON 0.30 F�r EAST OF PROPERTY UNE y `o-_ X946.0 Awt-404v w I � ffof %w N 0) 0 X946.9 X9481 O z 10.0 1 6.0 Li OpNCRm ge q PORCH A' N } f24. z 0 Z hq. q c 9.5 / z m EXISTING N + [)W UNG X c W h P 950.4X &0 r• A L. WE N M O O to rA _X9501 LtJ 950.7 ��C950.3 W I X950.7 I t` I 00 N N (y) N O M 950E 17 O 01 0»< I O TO BE P I Z REMOVED y N Z 02 10.5 951.6X 1" 95L5X / FOUND ON X953,1 FOUND IRON "g527 hA "�--40.00-- A AI %AI Location Map Bixby Variance Request Planning Case No. 06-31 3735 Hickory Road City of Chanhassen Lake Minnewashta SUBJECT SITE SCANNED MEMORANDUM TO: Josh Metzer, Planner I CITYOF FROM: Alyson Fauske, Assistant City Engineer WNSEN DATE: October 3, 2006 7700 Market Boulevard PO Box 147 SUBJECT: Bixby Variance- 3735 Hickory Lane- Planning Case 06-31 Chanhassen, MN 55317 Administration Phone:952227.1100 The Bixby's are requesting a front yard setback variance for a proposed detached garage. Fax:952.227.1110 The proposed setback is 13.9 feet. Building Inspections Phone: 952227.1180 The existing right of way width on Hickory Road is 30 feet, which is substandard. Fax.952227.1190 Typical right of way width is 60 feet; 50 feet in environmentally sensitive areas. At this location Hickory Road is approximately 18 feet wide at this location. City Code requires Engineering Phone: 952227.1160 minimum 24-foot wide rural (ie. no curb or gutter) streets within this zoning district. Fax: 952.227.1170 Within the next five years staff anticipates that the streets within Red Cedar Point will be Finance reconstructed due to the poor condition of the streets and the utilities. Reconstruction Phone:952.227.1140 work within this neighborhood will be challenging since the majority of the right of way Fax:952.227.1110 within the area is substandard and existing structures are quite close to the right of way. Park & Recreation Prow952.227,1120 Based on traditional construction techniques and the depth of sanitary sewer and Fax:952.227.1110 watermain, staff estimates that the excavation limits for the utility replacement will be Recreation Center approximately 47 feet wide. Additional space will be required to place material 2310 Coulter Boulevard excavated from the construction trench. Considering that the right of way width in this Phone:952.227.1400 area is only 30 feet, staff is aware that special construction techniques will likely be Fax:952.227.1404 required for the future project. Planning 6 Natural Resources Perimeter drainage and utility easements were not included on the Red Cedar Point Lake Phone:952.227.1130 Minnewashta plat, therefore space required for the project outside of the 30 foot right of Fax:952.227.1110 way will need to be secured by permanent and/or temporary easements. In order to keep Public Works project costs to a minimum, engineering is attempting to preserve a construction corridor 1591 Park Road free of structures to provide adequate space for construction. Phone: 952.227.1300 Fax:952.227.1310 PROPOSAL Senior Center The applicant has submitted a survey showing the existing and proposed conditions on Phone:952.227.1125 the property. The survey must include the existing porch, existing gravel drive and the Fax: 952.227.1110 proposed bituminous driveway in the impervious surface calculations. Web She www.cudranhassen.mn.us Staff recommends that the garage be set back a minimum of 18 feet from the Hickory Road right of way to ensure that there is adequate space to park a passenger vehicle in the driveway should Hickory Road be widened to the southern edge of the right of way in the future. Engineering recommends approval of an 18-foot setback from the Hickory Road right of way. GAENG\Variances\Bixby 10-03-06.dw The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: Ed c.md Gkery( jsiX64 37 3 5- N%ckory L-Lite E)CCC,1tro/', MN S5-33/ Contact: Phone:9S2-y7o-0s/6 Fax: Email: ed6%X®Yptioo, cam Planning Case No. O(D 3 Owner Name and Address: EV akd GL.e-Y/ %iX/ay 3735' I-/-'ckoe-y Lame ExccfS%o/', MN SS33/ Contact: Phone:952-V70-05-/s Fax: Email: e d 6%x GyxA oo. cv n4 NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development` Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) ">'. - Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) x E for Filing Fees/Attorney Cost** P/SPR/VAC/VARANAP/Metes & Bounds T450 Minor SUB TOTAL FEE 3 .ZS� An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8Y2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. 4Ca.,;, D PROJECT NAME: GO ro'9 a "t'tid D r, Vp LOCATION: 3 735- H, Ckpey /lewd, G%vhAo-g§e-h MN S5-3 3 1 LEGAL DESCRIPTION: LOf S o'J 'the WcSi- VO Ae.f Of 7Ae ir"Sf 80 feet o,F COIL 20, Block 2 Co%-ver co'm4yt M%hneSvto,, TOTAL ACREAGE: . 1375 o c-rc WETLANDS PRESENT: YES NO PRESENT ZONING: R S F REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: W e- w e t" l c) I ke_ 1-O b k.l /d a 9 eL v-w9e a. ti d d ri, VC We ph oKr l/•Per)t b'1f ; h order ¢ o Mee4 rke herd Cvfver re-?-'re/'%ey.�1, we rnee.J IeSs fi1,-k 30 feet Fron, -t-Le S>Lreef, S %or>Ler d r ; v e wqyr Okre very CoM/',v', ib, 7'1,%f hei9l,berk000f, we L vO -Ioi aISO v1ee�/ +9 rer,vve a Sl�2d —.) S01`-e 10.,ofSfo Cohpty, This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to Certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate 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. Signature of Applicant Date SCANNED Signature of Fee Owner Date WpLAMforms0evelopment Review Applidtion.DOC Rev. 12/05 HICKORY R014.P X94.., BENCHMARK 944,2X X944.3 X944.4 TOP NUT HYDRANT ♦ h b ELEV.-947.9i S 89-43'13" W P A 9,53 39.78-- X945.6 I 12.0 .1D IRONFOUND IRON0.30 FT , F- EAST OF PROPERTYLI_ X946.0 LLJ I �4.0 10.0 6.0 946.3 (O � N � � C1 o X946.9 946.7 X9481 O i LJ Z N CONCRETE 946.8X 947 O T O 0% PORCH r O I O � z P• F /24 Sp9� I Z � ro1 949.0 i zqa°j 0 9.5 F m EX15T1NG DWELUNO g W 949.E i�J P 950.4X k 7.1 6.O/ 9 m J�� 0 8.0 163 J X9501 — DECK Lil 950.3 950.7 LJ I X950.7 I N OD N � Cq ON On 95s M b O I 102 TO BE 'o I O i Z REMOVED~ N� N Z 10.2 10_5 951.6X � 95LSX— FOUND IRON X9531 FOUND IRON hA --40.00-- ; N 89*56'08" W � � _ .- 'v 1 � r C :. ♦ fit'` . S r ` _ i Y. J R 37/5 y p.r i a+ 4$ = Y Hic k o r R ki5w Lo O SCANNED t 01 SCANNED f-/I- GG�ory aid HI, ckocy LC.'. t', e SCANNED Ave time SCANNED `�� a -yam. •rr:.. '.i r�r�r �asr �..��r� � i>y ��+„ � � ;. . '• r t4 A' it irw ;, � y�,� .5;1,�ya T� !may •'y,`, Carver County Government Center Mark Lundgren -Carver County Auditor Administration Building —_ 600 East Fourth Street CARVER Chaska, MN 56318-2102 COUNTY PHONE (952) 361.1910 Your Proposed Property Tax for 2006 THIS IS NOT • NOT PAY ON IMPORTANT INFORMATION IS PRINTED ON THE BACK OF THIS FORM. 59 EDWARD H & CHERYL A BIXBY 22700 3735 HICKORY RD EXCELSIOR MN 55331-7769 �rlrlu(ilu�(Ini(�mr����n Ilu�Irllu��(un(�n(r�u�(uI Your taxable market value for property tax payable in 2006 was sent to you in the spring of 2005. The period to discuss possible changes has passed and changes can no longer be made to your property valuation. It is included here for your information only. Property ID: R25.6600180 Legal Description: Sect-08 Twp-116 Range-023 RED CEDAR POINT LK MINNEWASHTA Lot-005 Block-002 & W 40'OF E 80'OF LOT 20 Property Address: 3735 HICKORY RD EXCELSIOR MN 55331-7769 Taxes Payable Taxes Payable in 2005 in 2006 Taxable Market Value: $108,600 $124,900 Property RESIDENTIAL -HOMESTEAD RESIDENTIAL -HOMESTEAD Classification: Mailing Addresses Hearing Dates (1) (2) and Telephone Numbers and Locations Actual 2005 Proposed 2006 Property Tax Property Tax TOTAL excluding special assesments $ 1,091.00 $ 1,222.00 Percent of Change 12.0% ARVERCOUNTY-ADMINISTRATION CARVER COUNTY $ 357.74 $ 408.04 R - 6 GOVICENTER-6024THSTE DEC 1, 2005 - 7:OOPM CHASKA, MN GOVERNMENT CENTER -CO BOARD RM 602 4TH ST E 952 ( ) 361-1510 CHASKA,MN CITY OF CHANHASSEN CITY OF CHANHASSEN $ 286.42 $ 311.91 PO BOX 147 DEC 5, 2005 - TOOPM CHANHASSEN,MN 55317-0147 CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD CK41HASSEW, MN STATE GENERAL TAX NO MEETING REQUIRED $ 0.00 $ 0.00 D 0276 - ATTN: FINANCE & OPER SCHOOL DISTRICT 276 5621 CO RD 101 NOV 29, 2005 - TOOPM MINNETONKA,MN 55345-4214 (952) 401-5000 SERVICE CENTER -COMMUNITY ROOM 5621 CO RD 101 MINNETONKA, MN VOTER APPROVED LEVIES $ 329.32 $ 333.72 OTHER LOCAL LEVIES 72.46 112.93 METRO SPECIAL TAXING DISTRICTS METRO SPECIAL TAXING DISTRICTS $ 22.33 $ 30.36 MEARS PARK CENTRE DEC 7, 2005 - 7:30PM 230 FIFTH ST EAST MEARS PARK CENTRE ST PAUL, MN 55101-1634 230 FIFTH ST EAST ST PAUL, MN 55101-1634 OTHER SPECIAL TAXING DISTRICTS NO MEETING REQUIRED $ 22.73 $ 25.04 THIS IS NOT A BILL • DO NOT PAY August 18, 2006 Proposed Variance for the construction of a garage at 3735 Hickory Lane in Chanhassen We would like to build a garage on our property but require a variance in order to comply with the hardcover requirements. According to our survey, our lot totals 5991 sq. ft., and our hardcover is currently 1188 sq. ft., or 19.8%. If we add a 280 sq.ft. Garage (14' x 20% that would increase the total hardcover to 24.4%, so there wouldn't be any hardcover allowance left for a driveway. So our proposal is as follows: -We will remove the shed in the back yard, and the landscaping with plastic, on the Northeast comer of the lot, to gain an additional 143 sq. ft. to work with. -Rather than placing the garage 30' from the street, per code, we would like to place it 14' from the property line, or approximately 20' from the street. This will allow us to build a 12' wide driveway, 14' of which, would be on our lot, which would take up 168 sq. ft. of hardcover on our lot. -This would bring the total hardcover to 1488 sq. ft., or 24.84%. So the variance we are requesting is to place the garage 10' closer to the street, to meet the hardcover requirement. The most comparable house on our street is right next -door at 3733 Hickory Lane. She constructed a new garage within the last few years, and obtained a variance to do so, and her garage is also only 20' from the street. This would make our garages parallel. As these would be the only two garages on our side of the street, it would provide a consistent look on the street. Besides 3733 Hickory Lane, there are 8 other properties within 500' of our property, that have garages less than 30' from the road. They are" -3715 Hickory Lane -3706 Hickory Lane -3632 Hickory Lane -3630 Hickory Lane -3628 Hickory Lane -7201 Juniper Avenue -7024 Red Cedar Cove -7028 Red Cedar Cove This is an old neighborhood and there many other homes with similar short driveways, so this would not be out of the ordinary. Attached are a Plot Plan, and photos of the above listed neighbors garages. Ed Bixby 3735 Hickory Lane Excelsior, MN 55331 952-470-0516 edbix@yahoo.com grEnpcO n4n77A O/11L/72 DTVRV T7n ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474=7964 Fax (952) 474-8267 SURVEY FOR: ED BIXBY SURVEYED: August, 2006 DRAFTED: August 2, 2006 LEGAL DESCRIPTION: Lot 5 and the West 40 feet of the East 80 feet of Lot 20, Block 2, Carver County, Minnesota. SCOPE OF WORK: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the corners of the property. 4. Showing and tabulating hard cover and area of the lot for your review and for the review of such governmental agencies as may have jurisdiction over hard cover requirements. 5. While we show proposed improvements to your property, we not as familiar with your plans as you are nor are we as familiar with the requirements of governmental agencies as their employees are. We suggest that you review the survey to confirm that the proposals are what you intend and submit the survey to such governmental agencies as may have jurisdiction over your project to gain their approvals if you can. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. STANDARD SYMBOLS & CONVENTIONS: • " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. I hereby certify that this plan, specification, report or survey was prepared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surv'{ey6r�tuunn,)der the laws of the State of Minnesota. Q4o 11 OIltV (J C Q'0 am s H: Parker P_E.. & P.S. No. 9235 GRAPHIC SCALE 20 0 10 20 40 ( IN FEET ) EXISTING` II�LRIJCO j-EE House 83bSq. Ft. Concrete 164 Sq. Ft. Shed 104 Sq. Ft. Retaining Walls 27 Sq. Ft. Landscaping with plastic 43 Sq. Ft. TOTAL HARDCOVER t,48-6q. Ft. AREA OF LOT 5,991 Sq. Ft. %HARDCOVER i9.8Q 23 FROPOSET h-4EPCOVEF Concrete Shed Retaining Walls Landscaping with plastic Garage IxtVtV TOTAL H7MDCOVER AREA OF LOT 0/oHARDCOVER PIN. Ft - 159 Sq. Ft. 104 Sq. Ft. 27 Sq. Ft. 43 Sq. Ft. 280 Sq. Ft. 146.5& 1,463 Sq. Ft. 5,991 Sq. Ft. 24.4 229 Sq. Ft. Deck not included in calculations RENCHMARK- TOP NUT HYDRANT ELEV.e947.9� V Se adG %"fib 1539-�Osf. © (Z ZS,']%, ffICA> ORY R04P 944.PX o X944.3 X944.4 ro X944.7 P p h b -4- -: S 89-43'13" W- e X945.6 \ FOUND IRON 0. FT 1 1 FOUND IRON `EAST OF PROPER 11NE. �}1ti.Ui V .b5 X946.0 A N � �o b .- X948.1 O z 2.4---a a� z e 9.5 F 950.4X k Li 1 N 0) N � O Cn b r7 01 z 951.6X S" 60 Li 6.3> 010 j j-4 . X 946.9 CTti 946.8X 947. PORCH 24.5 07 9p 949. i .p EXISTING J DWELLING n 7.1 4So P 16.3 BA DECK M.7 950 X950.7 50.0 10.2 PS N 0.2 10.5 951.5X IRON X953.1 FOUND IRS -- 40.00-- N 89'56'08" W LI I� I t• 00 N N Ol O 17 b 1 O II X950.1 P#rc' YV0. 06'0774 060774 8/116/23 BDCBY, ED ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474-7964 Fax (952) 474-8267 SURVEY FOR: ED BM SURVEYED: August, 2006 DRAFTED: August 2, 2006 LEGAL DESCRIPTION: Lot 5 and the West 40 feet of the East 80 feet of Lot 20, Block 2, Carver County, Minnesota. SCOPE OF WORK: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the corners of the property. 4. Showing and tabulating hard cover and area of the lot for your review and for the review of such governmental agencies as may have jurisdiction over hard cover requirements. 5. While we show proposed improvements to your property, we not as familiar with your plans as you are nor are we as familiar with the requirements of govemmental agencies as their employees are. We suggest that you review the survey to confirm that the proposals are what you intend and submit the survey to such governmental agencies as may have jurisdiction over your project to gain their approvals if you can. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. STANDARD SYMBOLS & CONVENTIONS: " • " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. I hereby certify that this plan, specification, report or survey was prepared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. am s H. Parker P.E. & P.S. No. 9235 GRAPHIC SCALE 20 0 10 20 40 ( IN FEET ) EXISTING HARIJCOTI�R House 850 Sq. Ft. Concrete 164 Sq. Ft. Shed 104 Sq. Ft. Retaining Walls 27 Sq. Ft. Landscaping with plastic 43 Sq. Ft. TOTAL HARDCOVER 1,188 Sq. Ft. AREA OF LOT 5,991 Sq. Ft. %HARDCOVER 19.8% PROPOSZP fIARI000VIER House 850 Sq. Ft. Concrete 159 Sq. Ft. Shed 104 Sq. Ft. Retaining Walls 27 Sq. Ft. Landscaping with plastic 43 Sq. Ft. Garage 280 Sq. Ft. TOTAL HARDCOVER 1,463 Sq. Ft. AREA OF LOT 5,991 Sq. Ft. % HARDCOVER 24.4 % 229 Sq. Ft. Deck not included in calculations O fffCyffORY B0,4.0 o BENCHMARK: 9442X N7 X944.3 n X944.7 X944.4 TOP NUT HYDRANT MV.-947.91 pP 4p~ `py �pb 131 �q -�F=-S 89'43'13" W q q --39.78-- X945.6 ( ` FOUND IRON 0.30 FT 1 FOUND IRON `EAST OF PROPERTY LINE I ., X946.0 la1 .. X946.9 6.0 1 6.0 Li CONCRETE 946.8X 947.: q PORCH F q /24. 9's q 9 qp 949.1 c 9.5 / iO EXISTING DWELLING J 2 y q 950.4X k °s m 16 3 8.0 - I pECK - LU n I N N O. O OT O M OI :. 951.E X 7 95p.B 10.2 c SHET) N 0. 10.5 951.5X )N X953.1 FOUND IR --40.00-- N 89'56'08" W i Iw I N M 00 � 1 O I z � Z It Ld I� 00 N C� N O O M I � z X950.1 PX6! NO. 060774 Publication Hearing Notification Area (500 feet) Bixby Variance Request Planning Case No. 06-31 3735 Hickory Road City of Chanhassen Lake Minnewashta IY Ri Red Ce caD °� awvvv SUBJECT SITE 0 SCAN4E0 BIXBY VARIANCE REQUEST - PLANNING CASE 06-31 $200 Variance $50 Recording Escrow $250 Edward Bixby Check 300104 SCANNED CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 08/18/2006 9:11 AM Receipt No. 0019532 CLERK: katie PAYEE: EDWARD BIXBY 3735 HICKORY ROAD EXCELSIOR MN 55331 Bixby Variance Request Planning Case 06-31 ------------------------------------------------------- Use & Variance 200.00 Recording Fees 50.00 Total 250.00 Cash 0.00 Check 300104 250.00 Change M 0e SCANNED 0 HICKORY ROAD EnNCHMARK* 9442X X944.3 X944.4 X944.7 TOP NUT HYDRANT ELEV.-947.9i '. t °r' F�? a 11 S 89'43'13" W 9 9,S3 .--39.78-- X945.6 �� 12.0 '� D IRON FOUND IRON 0.30 FT A EAST OF PROPERTY LINE tll = e �b 12.0 A 14.0 X946.0 946A W 10.0 1 6.0 ED N Q1 O 0 X946.9 X9481 O I z 1 A A' M A e} Z pq. A p 9.5 z z N r X C W 11) A 950AX k A V.Am 951.E X 7 OoNORE1E 946.8X POROH f EXISTING OWEl1JNG 7.1 &0 OEM 7 X9M7 950� t02 TO BE p REMOVED 0.2 t0.5 951SX D IRON X9531 FOUND R W � f0 N M O 10 z W I 00 N ci tV Mc M O 10 z X9501 9 v Z O --40.00-- N 89'56'08' W MEMORANDUM TO: Josh Metzer, Planner I FROM: Jenitt Mohn, Building Official DATE: August 22, 2006 SUBJ: Review of a request for a variance of front yard setback for the construction of a garage at 3735 Hickory Lane. Planning Case: 06-31 I have reviewed the above request for a variance. The following condition is required: 1. A building permit is required for construction of the garage. G/plan/2006 Planning Cases/06-31 Bixby Variancelbuilding official comments.doc M1177d R/116/?l RTXRV FT) ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474-7964 Fax (952) 474-8267 SURVEY FOR: ED BIXBY SURVEYED: August, 2006 DRAFTED: August 2, 2006 LEGAL DESCRIPTION: Lot 5 and the West 40 feet of the East 80 feet of Lot 20, Block 2, Carver County, Minnesota. SCOPE OF WORK: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the comers of the property. 4. Showing and tabulating hard cover and area of the lot for your review and for the review of such governmental agencies as may have jurisdiction over hard cover requirements. 5. While we show proposed improvements to your property, we not as familiar with your plans as you are nor are we as familiar with the requirements of governmental agencies as their employees are. We suggest that you review the survey to confirm that the proposals are what you intend and submit the survey to such governmental agencies as may have jurisdiction over your project to gain their approvals if you can. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. STANDARD SYMBOLS & CONVENTIONS: " * " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. I hereby certify that this plan, specification, report or survey was prepared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. _ o� IIICI�ORY BENCHMARK- 9442X "1 X944.3 TOP NUT HYDRANT ELEV.-947.9� qaa ma S 89'43'13" W --39.78-- - -- - - -- X945.6 I ` FOUND IRON 0. 0 FT `EAST OF PROPER UNE X946.0 RO,4P X944.4 t n X944.7 W I\ 14.2, V 9• N � X946.9 946:7 X948.1 2.4 CONCRETE 946.G>< 9' am s H. Parker P.E. & P.S. No. 9235 >' ° " /24.5 i .0 EXISTING ff,4RDCOVER 9 5 ouse 50 Sq. Ft. F o EXISTING Concrete 164 Sq. Ft. w o DWELLING Shed 104 Sq. Ft. Retaining Walls 27 Sq. Ft. 950.4X Landscaping with plastic 43 Sq. Ft. +.1 ° �Glcc ul�,IIS % GRAPHIC SCALE j� 20 0 10 20 40 C,� ,' Gil CAL,/ ( IN FEET) P� I Zl (o TOTAL HARDCOVER 1-}SFrSq. Ft AREA OF LOT 5,991 Sq. Ft %HARDCOVER I/o Z4RDCOVER 5 Sq. Ft. Concrete 159 Sq. Ft, Shed 104 Sq. Ft. Retaining Walls 27 Sq. Ft. Landscaping with plastic 43 Sq. Ft. Garage DRIB WAq 280 Sq. Ft. TOTAL HARDCOVER 1,463 Sq. Ft. AREA OF LOT 5,991 Sq. Ft % HARDCOVER 24.4 % 229 Sq. Ft. Deck not included in calculations Q�# .wdk% 2� I% " Z� �0h. o bac% c,aY0.� s 3a �J '�� griyei '% _1137� 4 s•� I,yg7• P��H zlb �ET,WkI.IS �- r DECK 1-FOUND IRON J I T6.0 6.0 ' 6.3 280y e_0 W 950.7 L�-X95 X950.7 N 0) N cV (3� x P 0) 950..s a- 951.6X 951.5X X953.1Z10.5 FOUND IRS hA--40.00-- q N 89'56'08" W a0 0`{ �ma- a6D IIp(p,8' 13.E x IZ dvi't, Imo_ :I4IP.ZSA W r j =to INr 8 FIot�S� -&d . C3 1\ o x Rt:i;vlhus: Z-7 d to z 949.8 j`�aAOliJ�i E�MtT�T _ Wx 5q.73 `= 3TT 514 X950.1 IF i�D`/1,LdI Ail CA - - - 5,ci`l10-S 17er"i .2 W IF 2ov) 1 Dp1vE ,4QEA rn -NC-4 M 0 jO Z 1 m 14'11. 2s jZS _ 210 z G 55C13• -PXC. NO. 060774