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CAS-39_WILDER, THOMASFebruary 3, 2006 Tom Wilder CITY Of Dougherty & Company, LLC 90 South 7uh Street, Suite 4300 CgAUSEN Minneapolis, MN 55402 7700 Market Boulevard PO Box 147 Re: Reimbursement of Survey Fees Chanhassen, MN 55317 Administration In your recent email, you state that the actual amount of the survey is closer to Phone: 9.52227.1100 Dear Mr, Wilder. Fax: 952.227.1110 will reimburse half of this amount, less the amount you owe the City for Building Inspections Councilmember Bethany Tjomhom forwarded an email that you recently send Phone: 9522271100 asking the City to reimburse you for costs associated with the survey of your Fax: 952.227.1190 property at 222 W. 78rb Street. As you recall, the City Council approved the Engineering variance at this property with the following motion: Phone: 952 227.1160 any other questions or need more information, please feel free to contact me at Fax: 952.2271170 "Councilman Peterson moved, Councilman Lundquist seconded to approve Finance Variance #04-39 for the intensification of a legal non -conforming structure by Phone: 952.227.1140 building a canopy with footings within the front yard setback located 3.8 feet Fax 952.2271110 from the front property line, and to reimburse the applicant half the survey fee in Pah A Recreation the amount of $450.00. All voted in favor and the motion carried unanimously Phone: 9522271120 with a vote of 5 to 0." Fax: 952.227.1110 Recreation Center In your recent email, you state that the actual amount of the survey is closer to 2310 Coulter Boulevard Phone: 952.221.1400 $1,600. Once the City receives a copy of the bill from Bolton and Menk, the City Fax: 952.227.1404 will reimburse half of this amount, less the amount you owe the City for providing a property owners list that was required for processing the variance. Planning d Natural Resources This unpaid amount is $120.00. Phone: 952.227.1130 Fax: 952.227.1110 You can direct Bolton and Menk to send the invoice to my attention. If you have Public works any other questions or need more information, please feel free to contact me at 1591 Park Road (952) 227-1118. Phone: 952227.1300 Fax: 952.227.1310 Senior Center Phone: 952227.1125 Sincerely, Fax: 952. 10 Site Web Site wxw.ci.clnnhassen.mn.us X6)we ustin Miller Assistant City Manager 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. Page I of 2 Aanenson, Kate From: Gerhardt, Todd Sent: Friday, February 03, 2006 1:16 PM To: Miller. Justin: Aanenson. Kate Subject: FW: 222 W. 78th St. Survey Payment From: bethanyt @mchsi.com [mailto:bethanytj@mchsi.com] Sent: Friday, February 03, 2006 10:20 AM To: Gerhardt, Todd Subject: FW: 222 W. 78th St. Survey Payment -------------- Forwarded Message: ------------ From: 1TWilder@ doughertymarkets.com> To: <btjomhom@ci.chanhassen.mn.us> Subject: 222 W. 78th St. Survey Payment Date: Mon, 30 Jan 2006 20:31:11 +0000 Beth, Several months ago you will recall the city unjustly made me prove that my porch did not encroach on city property. After a survey was completed, the city was proven wrong. The council after a heated debate agreed to refund half of the cost which at the time was estimated to be a total of $900.00 In the final analysis, the bill ended up being closer to $1600. I want half of the real cost paid by the city not half of the estimated cost. I'm directing a bill to be sent to your attention from Bolton & Menk (provider of the survey). They have not yet been paid anything and are caught in the middle of the di spute. My wish is to settle this immediately 50/50 and keep the attomeys of all parties out of this disagreement. Thank you, Tom Wilder Thomas J. Wilder Vice President Dougherty & Company LLC 90 South 7th Street, Suite 4300 Minneapolis, MN 55402 twilder@doughertymarkets.com 800-328-4000 toll-free 612-376-4085 direct 612-338-7732 fax If you are not the intended recipient of this message, please notify the 2/3/2006 Page 2 of 2 sender. The information contained herein is confidential and intended only for the recipient or recipients named above and for the purposes indicated. Further distribution of this message without the prior written consent of the author is prohibited. Any opinions expressed herein do not necessarily reflect the opinion of Dougherty & Company LLC. Dougherty & Company LLC will not accept transaction orders, time -sensitive action -oriented messages or check requests via e-mail or other electronic delivery. Dougherty & Company LLC and its affiliates reserve the right to monitor all e-mail. For additional disclosure information see http://www.doughertymarkets.com/disclosure.htm Member SIPC/NASD 2/3/2006 Engineering Dear Mr. Wilder: Phone: 952.227.1160 Fax: 952.227.1170 This letter is to formally notify you that on December 13, 2004, the Chanhassen Finance City Council approved the following: Phone: 952.221.1140 Fax: 952 227.1110 The intensification of a legal non -conforming structure by building a canopy Park a Recreation with footings within the front yard setback located 3.8 feet from the front PFax:9522.27.1110 property line, and to reimburse the applicant half the survey fee in the amount Fax: 952227.1110 Recreation Center of $450.00. 2310 Coulter Boulevard Phone: 952.227.1400 The City must receive a copy of the receipt for the survey completed by Bolton & Fax: 952.227.1404 Menk dated December 2, 2004 before reimbursement of half the survey fee. If Planning & you have any questions or need additional information, please contact me at 952 - Natural Resources 227-1132 or by email at imetzer@ci.chanhassen.mn.us. Phone. 952.227.1130 Fax: 952.227 1110 Sincerely, Public Works 1591 Park Road Phone: 952 227.1300 Fax: 952.227.1310 Josh Metzer Senior Center Planner I Phone: 952.227.1125 Fax: 952.227.1110 JM: rn Web She www.aclianhassen.mn.us gAplan12004 planning cases\04-39 - wilder variance -222 west 78th strmAIetter of appm"lAm SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHA NSEN March 9, 2005 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Tom Wilder Phone:9521100 West 78h Street Fax.222 Fax: 952.2227.17.1110 Chanhassen, MN 55317 Building Inspections PFax:952227,1190 Fax: 952.221.1190 Re: Variance, 222 West 78th Street — Planning Case #04-39 g Engineering Dear Mr. Wilder: Phone: 952.227.1160 Fax: 952.227.1170 This letter is to formally notify you that on December 13, 2004, the Chanhassen Finance City Council approved the following: Phone: 952.221.1140 Fax: 952 227.1110 The intensification of a legal non -conforming structure by building a canopy Park a Recreation with footings within the front yard setback located 3.8 feet from the front PFax:9522.27.1110 property line, and to reimburse the applicant half the survey fee in the amount Fax: 952227.1110 Recreation Center of $450.00. 2310 Coulter Boulevard Phone: 952.227.1400 The City must receive a copy of the receipt for the survey completed by Bolton & Fax: 952.227.1404 Menk dated December 2, 2004 before reimbursement of half the survey fee. If Planning & you have any questions or need additional information, please contact me at 952 - Natural Resources 227-1132 or by email at imetzer@ci.chanhassen.mn.us. Phone. 952.227.1130 Fax: 952.227 1110 Sincerely, Public Works 1591 Park Road Phone: 952 227.1300 Fax: 952.227.1310 Josh Metzer Senior Center Planner I Phone: 952.227.1125 Fax: 952.227.1110 JM: rn Web She www.aclianhassen.mn.us gAplan12004 planning cases\04-39 - wilder variance -222 west 78th strmAIetter of appm"lAm SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Phomas J. Campbell Roger N. Knutson rhomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, HI Marguerite M. McCarron Gina M. Brandt • Also Licensed in Wisconsin 1380 Corporate Center Curve Suite 317 • Fagan, MN 55121 651-452-5000 Faa 651-452-5550 www.ck-law.com 0 9 CAMPBELL KNUTSON Professional Association May 11, 2005 ��pg�: �.•l IVED Ms. Kim Meuwissen MAY 13 2005 City of Chanhassen CITY OF CHANHASSEN 7700 Market Boulevard P. O. Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen — Miscellaneous Recording Dear Kim: Enclosed herewith for your files are the following recorded documents: 1. Variance No. 04-39 recorded with the Carver County Recorder on April 11, 2005, as Document No. A 411622; 2. Variance No. 05-09 recorded on April 6, 2005, as Document No. A 411279; and 3. Wetland Alteration Permit #2005-7, recorded April 6, 2005, as Document No. A 411278. If you have any questions regarding the above, please give me a call. cjh Enclosure Very truly yours, CAMPBELL KNUTSON Pr 'oval • ct ti By: ole J. Hoeft Legal Assistant SCANNED 4 • Document No.� s 11111111111111 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee S 19 50 Check# 14061 Certified Recorded on 04-11-2005 at 01:00 ❑A . 2005-04-11 IIIIJillIIIIIIIIIi1111 (CountyRILIIIn rder r I IIIIII VIII VIII CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 04-39 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The intensification of a legal non -conforming structure by building a canopy with footings within the front yard setback located 3.8 feet from the front property line, and to reimburse the applicant half the survey fee in the amount of $450.00. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 4, Block 1, City Lots of Chanhassen, 222 West 78`s Street. 3. 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: December 13, 2004 • (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OiF SSEN BY: A, Thomas A. Furlong, M—!o' AND: L�K Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me thiseiay of`I kAA- , 2005 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. N T PUBIJC �""" �. KAREN J. ENGELHARDT � Notary Public -Minnesota - MY rp,rvnie8bn Eaplrea Jan 31,2010 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 gAplan\2004 planning casm\04-39 - wilder variance -222 west 78th streeikecording docament.dm 2 0 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 0 LETTER OF TRANSMITTAL 3/30/05 Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ o4-39 COPIES DATE NO. DESCRIPTION 1 12/13/04 04-39 Variance 04-39 Wilder 1 12/7/04 04-42 Variance 04-42 Berland 1 1/24/05 05-03 Conditional Use Permit 05-03 (Walgreens) 1 2/28/05 05-07 Wetland Alteration Permit 05-07 Carver County) 1 3/15/05 05-09 Variance 05-09 Carlson 1 3/28/05 Grant of Nonexclusive Permanent Easement (Sinclair Oil Corporation) THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: SIGNED:— Kim Meu sen, 82) 227-1107 N enclosures are not as noted, kindly notify us at once. SCANNED 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 04-39 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The intensification of a legal non -conforming structure by building a canopy with footings within the front yard setback located 3.8 feet from the front property line, and to reimburse the applicant half the survey fee in the amount of $450.00. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 4, Block 1, City Lots of Chanhassen, 222 West 7e Street. 3. 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: December 13, 2004 0 (SEAL) STATE OF MINNESOTA ( ss CITY OF II" 11 Thomas A. Furlong, Gerhardt, City Manager The foregoing instrument was acknowledged before me thiseday of`I t AAI 2005 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. N T PUB '"="��. KAREN J. ENGELHARDT �, � Notary Public -Minnesota gyp.._ � �, ��ggp0 Fxplres JBn 31, 2010 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 g.Nplan\2004 planning cata\04-39 - wilder variance -222 west 78th smzVecording docu tdoc r I�Zt/05- No Ye5por-s2 to dc4e ' ece-ip+ -grorn Air. WA&Y. 1-� - - \5 rueivea) deduc4- *12-0 -CroM re�mburset ►t�- 4o comer Lknpa,d December 16, 2004 IvlVoice dor �r�� ' 7 OVers �' s i ( see oA") Kim M. Mr. Thomas Wilder 21740 Lilac Lane Shorewood, MN 55331 Re: Variance No. 2004-39 — 222 West 78th Street Dear Mr. Wilder: Pursuant to the City Council meeting on December 13, 2004, I am following up on the Council's recommendation for reimbursement of one-half the cost for the certificate of survey of 222 West 78th Street. In order to process the reimbursement, please provide me with a copy of the receipt for the survey. I will then send your reimbursement. Please feel free to contact me if you have any questions at 952-227-1139 or by email at kaanenson@ci.chanhassen.mn.us. Sincerely, Kathryn R. Aanenson Community Development Director KRA:ktm gAplan\2004 planning cases\04-39 - wilda variance -222 west 78th streeftr6mbmement.dx City Council Meeting — December 13, 2004 FOOTINGS WITHIN THE FRONT YARD SETBACK, 222 WEST 7e STREET, THOMAS WILDER. Kate Aanenson: Thank you. This is an after the fact variance request. This development did go to the Planning Commission. It did not receive a super majority or 75 percent approval so it was forwarded to the City Council. The subject site is located on West 78". It's an existing home. When the permit came in it was for siding and internal remodel, so those are ones that we try to expedite through. Get them in and out and at the time that the staff, the planning staff looked at it, there was an over sight missed that was later caught on inspection and that was the canopy on the house. Because the permit as it came through, as the permit came through it was for siding and remodeling. The canopy wasn't caught on the site plan itself. As the inspector noted, there was a stop work order or noticed to get the variance, which the applicant did. Very pleased with the remodel job. It looks very nice. An enhancement to the downtown. This was a case where again we make decisions, discretionary decisions every day when a survey is required or not. In this circumstance the survey wasn't required again because it came in as a remodel. In hind sight we would have done that. At the time of the Planning Commission the two no votes were specifically because they felt the encroachment was into the right-of-way which the Planning Commission, two of the Planning Commissioners felt that they couldn't compromise on that so Mr. Wilder did pursue a survey of the subject site. So as the original survey, the property line is behind the sidewalk so actually it's 3 feet away so with that knowledge we believe that we probably would have had the one more vote or the super majority and it wouldn't be before you now but unfortunately didn't have the survey, and to expedite things at this point, he did invest in that. So with that we are recommending approval of the adoption based on the fact that the encroachment isn't into the right-of-way. Really the only problem was the steps were existing. It's these additional, it's pretty minor. Again we felt it appropriate to ask some sort of coverage there on the front street. Unfortunately there could have been other things but in the scheme of things we are recommending approval of the variance again because it doesn't encroach into the right-of-way. It's 3 feet behind. So with that we are recommending approval and I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Councilman Lundquist: Kate. Just to clarify. When Mr. Wilder came in he showed a plan that showed the footings and the canopy on it, is that correct? Kate Aanenson: Very difficult to discern the porch and the canopy footings, and that was an oversight so until you saw it physically then you understood the implication. The markings on the footing site plan were misread. Difficult to see. So some fault on both sides. Take some responsibility. The plans could have been clearer. I don't think anybody, and because there was discretion on whether or not it was in the right-of-way, we felt we couldn't let it proceed. Without the, with a negative recommendation. Councilman Lundquist: Okay. M City Council Meeting — December 13, 2004 Councilman Labatt: Kate, just to clarify. We're really only dealing with those 6 by 6 beams. We're not dealing with the whole canopy. We're just dealing with a porch, a small little porch. Correct? Kate Aanenson: Well technically, you're dealing with this part. Anything that's new here so this part of the roof and the canopy. Anything that's new beyond this. Councilman Labatt: Anything that's beyond that front first step? Kate Aanenson: Correct, which is about 6 to 8 inches. Councilman Labatt: A 6 by 6 beam. Kate Aanenson: Correct. Councilman Labatt: It's a no brainer guys. Let's move on. Mayor Furlong: I see the applicant's here. Would you like to address the council on any matter? Kate Aanenson: He just drove a long ways to be here. Thomas Wilder: Yeah, I drove 500 miles so I might as well... but I know when to shut up so I think. Councilman Peterson: Okay, thank you for coming. Thomas Wilder: No, I think you know I think I've worked really hard on that site and the neighborhood is really happy with what I've done thus far. I wasn't trying to pull a fast one. I did... original plan. I did invest $1,000 bucks 2 weeks ago for a survey for the city file. It's done. Paid. I noted in the, one question I do have is, they want me to, it sounded like they wanted me to get another survey and note the sidewalk, which I'm not willing to do. Kate Aanenson: No, I think, yeah we're willing to... Thomas Wilder; Just draw it on there? Okay. Kate Aanenson: Yeah, we went out and verified that today and where it is. The stakes are still there so we're okay with leaving that. Thomas Wilder: Okay, great. So I kind of want that part scratched from the motion. Otherwise if you guys have any questions for me. Councilman Labatt: It's a nice, clean looking building. I drive by it almost every day and I move that we approve it. Mayor Furlong: Okay. 33 City Council Meeting — December 13, 2004 Councilman Peterson: Second. Mayor Furlong: Thank you. Kate Aanenson: That would be striking on page 6, number 1. Add the sidewalk. Mayor Furlong: Thank you. Kate Aanenson: Yeah. It's clearly behind the sidewalk. We did verify that. Mayor Furlong: Okay, thank you. So striking number 1. The motion has been as in our packet to approve and seconded. Councilman Lundquist: I'd like to make an amendment Mayor Furlong: Councilman Lundquist. Councilman Lundquist: I would like to add, amend that motion that we also, because of an oversight on the planning, on the city, for whatever reason, that we refund Mr. Wilder's variance fee of $250 and the survey fee as well as that may have impacted him, or his decision to go forward with that remodel or not, and when the city makes a mistake we should own up to that and not hold that applicant for after the fact fees. And the permit was issued with that drawing. Mayor Furlong: So your motion to simplify Councilman Lundquist: Motion would be to refund Mr. Wilder's $250 plus the cost of the survey. Mayor Furlong: Okay. Is there a second? Councilman Peterson: Point of, go ahead. Mayor Furlong: I'm waiting for your second? Councilman Peterson: No. Mayor Furlong: Okay. Hearing none, the amendment will die for lack of a second. Other comments or discussion? Councilman Peterson: I've got a question for Kate. Mayor Furlong: Okay, that's fine. Councilman Peterson: Is there benefit for the city having that survey? 34 City Council Meeting — December 13, 2004 Kate Aanenson: Yes there is. Councilman Peterson: Can you describe that, just to give us some sense. Kate Aanenson: We had no records. Again when someone comes in where there's a discretion, we ask. He didn't want to pay. You know I think there's fault on both sides. He admitted it. It could have been clearly on there. Agreed. Again it was a decision to not burden him and require the survey. When it went to Planning Commission we asked for the survey again to help expedite it. To clarify that gray area, we used the best information we had which was road construction plans for West 78`s. Again it appeared it was in the right-of-way. We could have solved it then. Probably would have the majority vote and we wouldn't be here today. Nobody wants to force somebody to do a survey we didn't have to, but if we would have done it the first time, when he first came in, because it was so close, which we had the right to do, you know. And we did stop it when we noted it. He wanted to continue. Rightly so. It looks nice, so. Councilman Peterson: Okay, with that being said I have a motion. Mayor Furlong: Councilman Peterson. Councilman Peterson: I'd move that we would pay equal parts of both the survey and the variance fee at 50 percent. Mayor Furlong: Okay, thank you. Is there a second? Councilman Lundquist: Second. Mayor Furlong: Any discussion on that motion? My concern is, in terms of refunding fees, I don't know that had the, if the plan was clear and both parties recognized that at the beginning when they came in for their building permit, would the fee for the variance have been paid at that point in time? Kate Aanenson: We would have never issued the permit. He would have had to get a variance to proceed. Mayor Furlong: So he would have paid for a variance before the fact. Kate Aanenson: That's correct. Mayor Furlong: Before the building permit was issued. Kate Aanenson: That's correct. Mayor Furlong: The issue with the survey is one where the question that needed to answered is was this being built in the right-of-way. Kate Aanenson: That's correct. 35 City Council Meeting — December 13, 2004 Mayor Furlong: See to me, and I'll comment. Now to me that's an issue. If this, you know this to me in terms of approving this variance makes a whole lot of sense and I'm ready to support it 100 percent. Had that been in the right-of-way I couldn't make that statement and so since the purpose here was to verify that it was out of the right-of-way, I think those are fair costs so. Councilman Peterson: It's interesting though, but it just seems so logical that if you walk out there and it's 3 feet behind the sidewalk that it'd be reasonable to put it there. It wouldn't be in the right-of-way. You know it's, I haven't got the picture in front of me now but it's what, 3 feet out of the house? Or 4 feet. You're maybe a foot past the original steps. Mayor Furlong: Well I guess, you're asking why they thought it wasn't in the right-of-way or? Councilman Peterson: Well I mean it just seems, I don't like asking residents to spend $1,000 when it's, even if it was in, it doesn't seem logical to be in the right-of-way with the distance it was from the house. If you go out there and look at it, it doesn't look like it's in the right-of-way but yet we're asking him to spend $1,000 to make sure that it isn't. You know, it's one of those things where it just didn't pass the test of reasonableness to me. For that expensive of a undertaking. Kate Aanenson: So the question then is, if he didn't have that information tonight, where would we be sitting because the best information we have is that it's in the right-of-way based on the plans so. Councilman Lundquist: Well and my issue with it was that we should have done that in the beginning when the thing came through. Yeah, we, he, Mr. Wilder may have had to go through the variance process and the survey and all of that stuff, but he would have been able to make a choice at that time. Once he's got the footings there and the work started and we say whoa, stop. Hold on. Something's wrong here. He's committed. He's there. He's in. There's nothing, he can't turn back now. He's got the place, so I think that as a show of good faith that's why you know we need to be a party to that and look at that before hand. Allow the applicant to make a financial decision before he's already committed and we've done that, so you know, people make mistakes. You know the staff made a mistake. It's going to happen and it's an over sight and. Kate Aanenson: Well I think he also admitted that he didn't clarify... Thomas Wilder: Well can I, am I done? Can I point something out on the permit? Mayor Furlong: Just a second. Why don't you finish your thought. Kate Aanenson: Well I'm not going to do a he said, he said. There's definitely blame on both sides. Again, the mistake we could have made is a up front requirement to spend the $1,000 and do the survey up front. 36 City Council Meeting — December 13, 2004 Mayor Furlong: And the difference is not that he could have decide, but Councilman Lundquist you're saying he would have had an option to decide if that cost made the difference between going forward with the project or designing something different to avoid the survey, he could have made that decision at that time. Councilman Lundquist: Yep. Kate Aanenson: So the message is, probably we should require anything close to require a survey? Councilman Lundquist: There's a lot of things that could be done differently. Could have, you know required the survey. You know we could have, it's easy to look back now and say, and I don't want to get into the blame staff. I'm not putting the staff on trial because you know everybody makes mistakes. It's not that big of a deal. I just think that as representatives of the city we need to say you know, when we make mistakes, we should be accountable for them and not put the burden on that applicant because we made an oversight, and you know mistakes are going to happen so, you know it happened. Oh well. Big deal. We'll learn our lesson and not do that maybe the next time, or do it differently so that's okay. Not that big of a deal. Mayor Furlong: Okay. Any other discussion on this? Councilman Labatt: So Craig, if I understand you wanted to refund half the variance fee and half of the $1,000 survey but you would have needed the variance no matter what. Right? So you would have had to pay for that whether the survey was there or not. Why don't you just refund half of the cost for our mistake which would be the survey. Councilman Peterson: Well and I'm comfortable with that. I'm with Brian that I think it's, as representative of how we as a city are just handling a situation. Councilman Labatt: I'm not disagreeing at all. Councilman Peterson: ...with anybody. I just want to do something. Didn't want to do everything. If somebody wants to do. Councilman Labatt: Let's hear from Mr. Wilder because he wanted to say something Thomas Wilder; Is that okay? Mayor Furlong: If Councilman Labatt said so, yes. Councilman Labatt: Well I was just, because Bob was thinking it. Thomas Wilder: No, I'm not trying to blame staff either. I just didn't want to, is that print where. Kate Aanenson: Which one? 37 City Council Meeting — December 13, 2004 Thomas Wilder: From the building permit available. I'd know it if I saw it. The thing I wanted to point out is the little foot, we did have on the June 22"d building permit. It says install 6 by 6 poles. Check foundation. Add footings if necessary and you know. Kate Aanenson: To me those are shown, it looks like they're on the top of that last stoop. See that's. Thomas Wilder: Yeah, no I see that. Kate Aanenson: The decision that was made is that they're on the stoop. They got moved off the stop and that's. Thomas Wilder: Well, but that's true. The conversation with Doug was a little different but. Kate Aanenson: So that's how we read it. Thomas Wilder: Okay. Todd Gerhardt: And the reason you probably moved them off this. Thomas Wilder: They checked the stoop for footings and they don't have them put into footings. Todd Gerhardt: Right, because you got to carry the weight of the porch. Kate Aanenson: So he made a decision in the field that was different than the survey. Councilman Peterson: So Kate in this situation, if it was 2 inches, if they were 2 inches into the right-of-way, what would have been the process? How would the process revolved? I'm just curious. I'm somewhat confused. Kate Aanenson: When we looked at the survey they were in the exact spot of the existing stoop. Someone made a field decision, the inspector told us they made a decision in the field. Then we did the stop work order. We said oh, we've got a problem because we think it's already close. We don't want to go further. Are there things that are off a freckle? Yeah. We make that decision every day whether or not we're going to decide you know, is it that big a deal? That's a discretionary decision. My staff asked me, is this something I need to worry about? How close are we? You know we get that, we had one in today. A house that's at impervious surface at 30 percent. Came in at 29.9. I felt an obligation to tell the homeowner you know what, you cannot add a deck. You cannot do anything and I want a disclosure statement on it so it comes back to the City Council. I want the homeowner to know you're at the max. Because I think that's, it's an obligation and we made a decision based on representation here. Somebody made a field decision. I understand but then it's our obligation. Is it that big a deal? I don't know. At that point we were concerned it was in the right-of-way and that's, if it wasn't in the right-of-way, could we have maybe looked the other way? You know I don't want people thinking we just RD City Council Meeting — December 13, 2004 ignore it but you know we have to make those decisions every day. What's critical? What's not critical? Would have been in the back yard, you know. Councilman Labatt: Then it wouldn't be a big deal. Kate Aanenson: Probably not. Councilman Labatt: But this is right on West 78th. I think we're trying to split a hair here over $125 bucks. I think we all agree let's give him half the survey fee, $500 bucks but the variance would have been needed anyways so. Thomas Wilder: Actually only $450 by the way. Councilman Labatt: Huh? Thomas Wilder: $450. It was $900 exactly... Councilman Labatt: Okay. Thanks Mr. Wilder. Councilman Peterson: I want to clarify my previous motion and that was to reimburse half of the survey fee. That's what I meant to say. Mayor Furlong: As I understand it was half the survey and half the variance fees. Councilman Peterson: Yeah, that's not what I really meant to say though. Mayor Furlong: Okay. Your motion was to refund half the survey fee? Councilman Peterson: That's correct. Councilman Lundquist: I will second that. Mayor Furlong: And that was seconded by councilman, and the minutes will signal that. Is there any additional? Todd Gerhardt: Roger endorsed that. Mayor Furlong: Roger endorsed that. Is there any additional discussion on the amendment? Hearing none we'll proceed with the vote. The amendment is to add the language to the original motion to reimburse half the survey fee of $450, would be the reimbursement amount. Councilman Peterson moved, Councilman Lundquist seconded to approve an amendment to the motion to approve reimbursement of half the survey fee in the amount of $450.00 to the applicant. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 39 City Council Meeting — December 13, 2004 Mayor Furlong: So that amendment prevails and the motion is amended. Is there any further discussion on the motion to approve the variance as amended? Hearing none we'll proceed with that vote. Councilman Peterson moved, Councilman Lundquist seconded to approve Variance #04-39 for the intensification of a legal non -conforming structure by building a canopy with footings within the front yard setback located 3.8 feet from the front property line, and to reimburse the applicant half the survey fee in the amount of $450.00. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ADOPTION OF THE PROPOSED 2005 BUDGET AND CIP. Todd Gerhardt: Mayor, City Council members. I just handed out to you a resolution recommending adoption of the 2005 budget and establishing tax levies for collection in 2005. And those amounts Bruce exactly that we would be establishing. Bruce DeJong: Establishing a total tax levy as shown, when you open up those sheets, the final levy certification, total tax levy of $9,439,754.00. Which is $22,912 lower than our published, proposed tax levy certification that the Truth in Taxation notices were based on. Mayor Furlong: And that's the second sheet here Bruce? Bruce DeJong: Yes. Mayor Furlong: Okay. Thank you. There are two motions here. One for the budget. One for the CIP. Are there any questions for staff? If there are not, comments, discussion by council. Councilman Labatt: Let's let Bob go first. Councilman Ayotte: Well what we've done here, we've been able to secure a cost avoidance dealing with the paying cash for the equipment. We've gone ahead and we've ensured that we don't have to spend the additional money from year to year. We've addressed the infrastructure issue with this, with the approach that we're taking. We've got $4 million bucks in the bank. Does that pretty much surmise it? Bruce DeJong: That's a very nice, concise summary. Yes. Councilman Ayotte: Anybody else want to add anything? Mayor Furlong: I'm sure somebody will. Councilman Lundquist: Is that a challenge? Mayor Furlong: Thank you. Any other comments? Discussion. Councilman Labatt: I would agree with Bob. Elf City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 CITYOF (952) 227-1100 CHMSEN To: Thomas Wilder 222 West 78th Street Chanhassen, MN 55317 Ship To: Invoice SALESPERSON DATE TERMS KTM 11/4/04 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 40 Property Owners List within 500' of 222 West 78th Street (40 labels) S3.00 $120.00 TOTAL DUE $120.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #04-39. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! Public Hearing Notification Area (500 feet) Wilder Variance Request 222 West 78th Street City of Chanhassen Planning Case No. 04-39 W 771 a) c LL � C Q hall Subject Property W 78th St P FG\F\G uV 8 S� p P w h st Q, 1 View �. = �<-I WAYNE RUDOLPH ANDERSON & JOHN W & PAULA J ATKINS JOAN SOPHIA WILLMAN-ANDERSON 220 N 78TH ST W 204 CHAS VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 VERDELL BORTH DEAN C & JANET M BURDICK 202 78TH ST W 206 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 JEFFREY W & MARY L BORNS 7199 FRONTIER TRL CHANHASSEN MN 55317 DANIEL J & JEANNE M BURKE 225 77TH ST W CHANHASSEN MN 55317 VIOLA BUSCHKOWSKY CARVER COUNTY HRA CHAPEL HILL ACADEMY 206 78TH ST W 705 WALNUT ST N 306 78TH ST W CHANHASSEN MN 55317 CHASKA MN 55318 CHANHASSEN MN 55317 CHURCH OF ST HUBERT PAUL G EIDEM & G L B PROPERTIES LLC 8201 MAIN ST ANDREA F GRIFFITH 1831 KOEHNEN CIR CHANHASSEN MN 55317 7727 FRONTIER TRL EXCELSIOR MN 55331 CHANHASSEN MN 55317 RYAN M GAGSTETTER RICHARD & KATHY GAVERT ANNA IVERSON 224 78TH ST W 7701 FRONTIER TRL BOX 1 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 MARY E JANSEN ETAL BERNARD & HELEN KERBER TROY P KIMPTON 7720 ERIE AVE 221 77TH ST W 205 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JOHN E & KAREN M KRAEMER KEITH R & LISA KUPCHO MARC J BY EN & 7703 ERIE AVE 7723 FRONTIER TRL 7706 E EE BRIE AVE ER CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN E CHANHASSEN MN 55317 PETER J & KATHERINE A MANDY PAUL MARAVIGLI STEVEN R NELSON 6210 NEAR MOUNTAIN BLVD 226 CHAN VIEW 11923 BLUEGILL DR CHANHASSEN MN 55317 CHANHASSEN MN 55317 SAUK CENTRE MN 56378 BRIAN P & COLLEEN S NUSTAD RICHARD A & ELIZABETH M NUSTAD GREGORY J & KAREN J ODASH PO BOX 8 7721 ERIE AVE 221 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 THOMAS A & LYNN M PAULY NICHOLAS & PATRICIA PEKAREK TODD W PERTTU 7721 FRONTIER TRL 202 CHAN VIEW 203 1/2 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 BARBARA PIKERONALD &ELAINE ROESER JESSE SCHNEIDER 201 CHAN VIEW 222 CHAN VIEW 224 CHAN VIEW CHANHASSEN MN 55317CHANHASSEN MN 55317 P O BOX 143 CHANHASSEN MN 55317 JESSE J SCHNEIDER PO BOX 143 CHANHASSEN MN 55317 TONJA ST MARTIN 207 CHAN VIEW CHANHASSEN MN 55317 THOMAS J & JENNIFER WILDER 21740 LILAC LN EXCELSIOR MN 55331 LARRY A & KATHLEEN A SCHROEDER 7720 FRONTIER TRL CHANHASSEN MN 55317 KERMIT M & AUDRE A STAKE 205 77TH ST W CHANHASSEN MN 55317 BLANCHE M SCHUTROP 302 CHAN VIEW CHANHASSEN MN 55317 CHRISTINE A TAILLON TRUSTEE OF TRUST 203 CHAN VIEW CHANHASSEN MN 55317 ` City Council Meeting — December 13, 2004 • Mayor Furlong: With this change. 0L4 - 39 Kate Aanenson: I don't believe it's, no it does say in the PUD no single use can exceed 5,000 square feet. Mayor Furlong: Okay, so. Councilman Lundquist: Is that redundant to have it... Mayor Furlong: Do we need to strike this on the health club? Kate Aanenson: Yeah. It would be redundant. Mayor Furlong: Okay. I'd make a motion to strike the words, up to 5,000 square feet. To amend your motion to strike the words up to 5,000 square feet. Is there a second? Councilman Peterson: Second. Mayor Furlong: Any discussion on that motion? Councilman Lundquist: On the amendment? Mayor Furlong: On the amendment, thank you. If not, we'll vote on the amendment to strike the words, up to 5,000 square feet in the motion. Mayor Furlong moved, Councilman Peterson seconded to amend the motion to strike the phrase, "up to 5,000 square feet" in the motion. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: That prevails so now we're dealing with the amended motion. Which reads, health club, health and physical exercise clubs and off sale liquor store. Any other discussion? On this. If not we'll proceed to the vote. Councilman Lundquist moved, Councilman Peterson seconded to approve Planned Unit Development Amendment #04-35 to include health and physical exercise clubs and off sale liquor stores. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Next item on our agenda. How we doing for time? Take a 5 minute recess? Well, let's just take a 5 minute recess. Okay, we're moving up to 9:00. We've been here for a couple hours. Let's come back quickly. (The City Council took a short recess at this point in the meeting.) 31 SCM149D 0 0 City Council Meeting — December 13, 2004 FOOTINGS WITHIN THE FRONT YARD SETBACK, 222 WEST 78TH STREET, THOMAS WILDER. Kate Aanenson: Thank you. This is an after the fact variance request. This development did go to the Planning Commission. It did not receive a super majority or 75 percent approval so it was forwarded to the City Council. The subject site is located on West 78d. It's an existing home. When the permit came in it was for siding and internal remodel, so those are ones that we try to expedite through. Get them in and out and at the time that the staff, the planning staff looked at it, there was an over sight missed that was later caught on inspection and that was the canopy on the house. Because the permit as it came through, as the permit came through it was for siding and remodeling. The canopy wasn't caught on the site plan itself. As the inspector noted, there was a stop work order or noticed to get the variance, which the applicant did. Very pleased with the remodel job. It looks very nice. An enhancement to the downtown. This was a case where again we make decisions, discretionary decisions every day when a survey is required or not. In this circumstance the survey wasn't required again because it came in as a remodel. In hind sight we would have done that. At the time of the Planning Commission the two no votes were specifically because they felt the encroachment was into the right-of-way which the Planning Commission, two of the Planning Commissioners felt that they couldn't compromise on that so Mr. Wilder did pursue a survey of the subject site. So as the original survey, the property line is behind the sidewalk so actually it's 3 feet away so with that knowledge we believe that we probably would have had the one more vote or the super majority and it wouldn't be before you now but unfortunately didn't have the survey, and to expedite things at this point, he did invest in that. So with that we are recommending approval of the adoption based on the fact that the encroachment isn't into the right-of-way. Really the only problem was the steps were existing. It's these additional, it's pretty minor. Again we felt it appropriate to ask some sort of coverage there on the front street. Unfortunately there could have been other things but in the scheme of things we are recommending approval of the variance again because it doesn't encroach into the right-of-way. It's 3 feet behind. So with that we are recommending approval and I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Councilman Lundquist: Kate. Just to clarify. When Mr. Wilder came in he showed a plan that showed the footings and the canopy on it, is that correct? Kate Aanenson: Very difficult to discern the porch and the canopy footings, and that was an oversight so until you saw it physically then you understood the implication. The markings on the footing site plan were misread. Difficult to see. So some fault on both sides. Take some responsibility. The plans could have been clearer. I don't think anybody, and because there was discretion on whether or not it was in the right-of-way, we felt we couldn't let it proceed. Without the, with a negative recommendation. Councilman Lundquist: Okay. 32 J2✓t.sr.Ja City Council Meeting — December 13, 2004 • Councilman Labatt: Kate, just to clarify. We're really only dealing with those 6 by 6 beams. We're not dealing with the whole canopy. We're just dealing with a porch, a small little porch. Correct? Kate Aanenson: Well technically, you're dealing with this part. Anything that's new here so this part of the roof and the canopy. Anything that's new beyond this. Councilman Labatt: Anything that's beyond that front first step? Kate Aanenson: Correct, which is about 6 to 8 inches. Councilman Labatt: A 6 by 6 beam. Kate Aanenson: Correct. Councilman Labatt: It's a no brainer guys. Let's move on. Mayor Furlong: I see the applicant's here. Would you like to address the council on any matter? Kate Aanenson: He just drove a long ways to be here. Thomas Wilder: Yeah, I drove 500 miles so I might as well ... but I know when to shut up so I think. Councilman Peterson: Okay, thank you for coming. Thomas Wilder: No, I think you know I think I've worked really hard on that site and the neighborhood is really happy with what I've done thus far. I wasn't trying to pull a fast one. did... original plan. I did invest $1,000 bucks 2 weeks ago for a survey for the city file. It's done. Paid. I noted in the, one question I do have is, they want me to, it sounded like they wanted me to get another survey and note the sidewalk, which I'm not willing to do. Kate Aanenson: No, I think, yeah we're willing to... Thomas Wilder; Just draw it on there? Okay. Kate Aanenson: Yeah, we went out and verified that today and where it is. The stakes are still there so we're okay with leaving that. Thomas Wilder: Okay, great. So I kind of want that part scratched from the motion. Otherwise if you guys have any questions for me. Councilman Labatt: It's a nice, clean looking building. I drive by it almost every day and I move that we approve it. Mayor Furlong: Okay. 33 0 0 City Council Meeting — December 13, 2004 Councilman Peterson: Second. Mayor Furlong: Thank you. Kate Aanenson: That would be striking on page 6, number 1. Add the sidewalk. Mayor Furlong: Thank you. Kate Aanenson: Yeah. It's clearly behind the sidewalk. We did verify that. Mayor Furlong: Okay, thank you. So striking number 1. The motion has been as in our packet to approve and seconded. Councilman Lundquist: I'd like to make an amendment. Mayor Furlong: Councilman Lundquist. Councilman Lundquist: I would like to add, amend that motion that we also, because of an oversight on the planning, on the city, for whatever reason, that we refund Mr. Wilder's variance fee of $250 and the survey fee as well as that may have impacted him, or his decision to go forward with that remodel or not, and when the city makes a mistake we should own up to that and not hold that applicant for after the fact fees. And the permit was issued with that drawing. Mayor Furlong: So your motion to simplify. Councilman Lundquist: Motion would be to refund Mr. Wilder's $250 plus the cost of the survey. Mayor Furlong: Okay. Is there a second? Councilman Peterson: Point of, go ahead. Mayor Furlong: I'm waiting for your second? Councilman Peterson: No. Mayor Furlong: Okay. Hearing none, the amendment will die for lack of a second. Other comments or discussion? Councilman Peterson: I've got a question for Kate. Mayor Furlong: Okay, that's fine. Councilman Peterson: Is there benefit for the city having that survey? 34 City Council Meeting — December 13, 2004 • Kate Aanenson: Yes there is. Councilman Peterson: Can you describe that, just to give us some sense. Kate Aanenson: We had no records. Again when someone comes in where there's a discretion, we ask. He didn't want to pay. You know I think there's fault on both sides. He admitted it. It could have been clearly on there. Agreed. Again it was a decision to not burden him and require the survey. When it went to Planning Commission we asked for the survey again to help expedite it. To clarify that gray area, we used the best information we had which was road construction plans for West 78`s. Again it appeared it was in the right-of-way. We could have solved it then. Probably would have the majority vote and we wouldn't be here today. Nobody wants to force somebody to do a survey we didn't have to, but if we would have done it the first time, when he first came in, because it was so close, which we had the right to do, you know. And we did stop it when we noted it. He wanted to continue. Rightly so. It looks nice, so. Councilman Peterson: Okay, with that being said I have a motion. Mayor Furlong: Councilman Peterson. Councilman Peterson: I'd move that we would pay equal parts of both the survey and the variance fee at 50 percent. Mayor Furlong: Okay, thank you. Is there a second? Councilman Lundquist: Second. Mayor Furlong: Any discussion on that motion? My concern is, in terms of refunding fees, I don't know that had the, if the plan was clear and both parties recognized that at the beginning when they came in for their building permit, would the fee for the variance have been paid at that point in time? Kate Aanenson: We would have never issued the permit. He would have had to get a variance to proceed. Mayor Furlong: So he would have paid for a variance before the fact. Kate Aanenson: That's correct. Mayor Furlong: Before the building permit was issued. Kate Aanenson: That's correct. Mayor Furlong: The issue with the survey is one where the question that needed to answered is was this being built in the right-of-way. Kate Aanenson: That's correct. 051 0 0 City Council Meeting — December 13, 2004 Mayor Furlong: See to me, and I'll comment. Now to me that's an issue. If this, you know this to me in terms of approving this variance makes a whole lot of sense and I'm ready to support it 100 percent. Had that been in the right-of-way I couldn't make that statement and so since the purpose here was to verify that it was out of the right-of-way, I think those are fair costs so. Councilman Peterson: It's interesting though, but it just seems so logical that if you walk out there and it's 3 feet behind the sidewalk that it'd be reasonable to put it there. It wouldn't be in the right-of-way. You know it's, I haven't got the picture in front of me now but it's what, 3 feet out of the house? Or 4 feet. You're maybe a foot past the original steps. Mayor Furlong: Well I guess, you're asking why they thought it wasn't in the right-of-way or? Councilman Peterson: Well I mean it just seems, I don't like asking residents to spend $1,000 when it's, even if it was in, it doesn't seem logical to be in the right-of-way with the distance it was from the house. If you go out there and look at it, it doesn't look like it's in the right-of-way but yet we're asking him to spend $1,000 to make sure that it isn't. You know, it's one of those things where it just didn't pass the test of reasonableness to me. For that expensive of a undertaking. Kate Aanenson: So the question then is, if he didn't have that information tonight, where would we be sitting because the best information we have is that it's in the right-of-way based on the plans so. Councilman Lundquist: Well and my issue with it was that we should have done that in the beginning when the thing came through. Yeah, we, he, Mr. Wilder may have had to go through the variance process and the survey and all of that stuff, but he would have been able to make a choice at that time. Once he's got the footings there and the work started and we say whoa, stop. Hold on. Something's wrong here. He's committed. He's there. He's in. There's nothing, he can't tum back now. He's got the place, so I think that as a show of good faith that's why you know we need to be a party to that and look at that before hand. Allow the applicant to make a financial decision before he's already committed and we've done that, so you know, people make mistakes. You know the staff made a mistake. It's going to happen and it's an over sight and. Kate Aanenson: Well I think he also admitted that he didn't clarify... Thomas Wilder: Well can I, am I done? Can I point something out on the permit? Mayor Furlong: Just a second. Why don't you finish your thought. Kate Aanenson: Well I'm not going to do a he said, he said. There's definitely blame on both sides. Again, the mistake we could have made is a up front requirement to spend the $1,000 and do the survey up front. 36 City Council Meeting — December 13, 2004 • Mayor Furlong: And the difference is not that he could have decide, but Councilman Lundquist you're saying he would have had an option to decide if that cost made the difference between going forward with the project or designing something different to avoid the survey, he could have made that decision at that time. Councilman Lundquist: Yep. Kate Aanenson: So the message is, probably we should require anything close to require a survey? Councilman Lundquist: There's a lot of things that could be done differently. Could have, you know required the survey. You know we could have, it's easy to look back now and say, and I don't want to get into the blame staff. I'm not putting the staff on trial because you know everybody makes mistakes. It's not that big of a deal. I just think that as representatives of the city we need to say you know, when we make mistakes, we should be accountable for them and not put the burden on that applicant because we made an oversight, and you know mistakes are going to happen so, you know it happened. Oh well. Big deal. We'll learn our lesson and not do that maybe the next time, or do it differently so that's okay. Not that big of a deal. Mayor Furlong: Okay. Any other discussion on this? Councilman Labatt: So Craig, if I understand you wanted to refund half the variance fee and half of the $1,000 survey but you would have needed the variance no matter what. Right? So you would have had to pay for that whether the survey was there or not. Why don't you just refund half of the cost for our mistake which would be the survey. Councilman Peterson: Well and I'm comfortable with that. I'm with Brian that I think it's, as representative of how we as a city are just handling a situation. Councilman Labatt: I'm not disagreeing at all. Councilman Peterson: ... with anybody. I just want to do something. Didn't want to do everything. If somebody wants to do. Councilman Labatt: Let's hear from Mr. Wilder because he wanted to say something. Thomas Wilder; Is that okay? Mayor Furlong: If Councilman Labatt said so, yes. Councilman Labatt: Well I was just, because Bob was thinking it. Thomas Wilder: No, I'm not trying to blame staff either. I just didn't want to, is that print where. Kate Aanenson: Which one? 0 0 City Council Meeting — December 13, 2004 Thomas Wilder: From the building permit available. I'd know it if I saw it. The thing I wanted to point out is the little foot, we did have on the June 22nd building permit. It says install 6 by 6 poles. Check foundation. Add footings if necessary and you know. Kate Aanenson: To me those are shown, it looks like they're on the top of that last stoop. See that's. Thomas Wilder: Yeah, no I see that. Kate Aanenson: The decision that was made is that they're on the stoop. They got moved off the stop and that's. Thomas Wilder: Well, but that's true. The conversation with Doug was a little different but. Kate Aanenson: So that's how we read it. Thomas Wilder: Okay. Todd Gerhardt: And the reason you probably moved them off this. Thomas Wilder: They checked the stoop for footings and they don't have them put into footings. Todd Gerhardt: Right, because you got to carry the weight of the porch. Kate Aanenson: So he made a decision in the field that was different than the survey. Councilman Peterson: So Kate in this situation, if it was 2 inches, if they were 2 inches into the right-of-way, what would have been the process? How would the process revolved? I'm just curious. I'm somewhat confused. Kate Aanenson: When we looked at the survey they were in the exact spot of the existing stoop. Someone made a field decision, the inspector told us they made a decision in the field. Then we did the stop work order. We said oh, we've got a problem because we think it's already close. We don't want to go further. Are there things that are off a freckle? Yeah. We make that decision every day whether or not we're going to decide you know, is it that big a deal? That's a discretionary decision. My staff asked me, is this something I need to worry about? How close are we? You know we get that, we had one in today. A house that's at impervious surface at 30 percent. Came in at 29.9. I felt an obligation to tell the homeowner you know what, you cannot add a deck. You cannot do anything and I want a disclosure statement on it so it comes back to the City Council. I want the homeowner to know you're at the max. Because I think that's, it's an obligation and we made a decision based on representation here. Somebody made a field decision. I understand but then it's our obligation. Is it that big a deal? I don't know. At that point we were concerned it was in the right-of-way and that's, if it wasn't in the right-of-way, could we have maybe looked the other way? You know I don't want people thinking we just 38 0 0 City Council Meeting — December 13, 2004 ignore it but you know we have to make those decisions every day. What's critical? What's not critical? Would have been in the back yard, you know. Councilman Labatt: Then it wouldn't be a big deal. Kate Aanenson: Probably not. Councilman Labatt: But this is right on West 78th. I think we're trying to split a hair here over $125 bucks. I think we all agree let's give him half the survey fee, $500 bucks but the variance would have been needed anyways so. Thomas Wilder: Actually only $450 by the way. Councilman Labatt: Huh? Thomas Wilder: $450. It was $900 exactly... Councilman Labatt: Okay. Thanks Mr. Wilder. Councilman Peterson: I want to clarify my previous motion and that was to reimburse half of the survey fee. That's what I meant to say. Mayor Furlong: As I understand it was half the survey and half the variance fees. Councilman Peterson: Yeah, that's not what I really meant to say though. Mayor Furlong: Okay. Your motion was to refund half the survey fee? Councilman Peterson: That's correct. Councilman Lundquist: I will second that. Mayor Furlong: And that was seconded by councilman, and the minutes will signal that. Is there any additional? Todd Gerhardt: Roger endorsed that. Mayor Furlong: Roger endorsed that. Is there any additional discussion on the amendment? Hearing none we'll proceed with the vote. The amendment is to add the language to the original motion to reimburse half the survey fee of $450, would be the reimbursement amount. Councilman Peterson moved, Councilman Lundquist seconded to approve an amendment to the motion to approve reimbursement of half the survey fee in the amount of $450.00 to the applicant. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 39 0 0 City Council Meeting — December 13, 2004 Mayor Furlong: So that amendment prevails and the motion is amended. Is there any further discussion on the motion to approve the variance as amended? Hearing none we'll proceed with that vote. Councilman Peterson moved, Councilman Lundquist seconded to approve Variance #04-39 for the intensification of a legal non -conforming structure by building a canopy with footings within the front yard setback located 3.8 feet from the front property line, and to reimburse the applicant half the survey fee in the amount of $450.00. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ADOPTION OF THE PROPOSED 2005 BUDGET AND CH'. Todd Gerhardt: Mayor, City Council members. I just handed out to you a resolution recommending adoption of the 2005 budget and establishing tax levies for collection in 2005. And those amounts Bruce exactly that we would be establishing. Bruce DeJong: Establishing a total tax levy as shown, when you open up those sheets, the final levy certification, total tax levy of $9,439,754.00. Which is $22,912 lower than our published, proposed tax levy certification that the Truth in Taxation notices were based on. Mayor Furlong: And that's the second sheet here Bruce? Bruce DeJong: Yes. Mayor Furlong: Okay. Thank you. There are two motions here. One for the budget. One for the CIP. Are there any questions for staff? If there are not, comments, discussion by council. Councilman Labatt: Let's let Bob go first. Councilman Ayotte: Well what we've done here, we've been able to secure a cost avoidance dealing with the paying cash for the equipment. We've gone ahead and we've ensured that we don't have to spend the additional money from year to year. We've addressed the infrastructure issue with this, with the approach that we're taking. We've got $4 million bucks in the bank. Does that pretty much surmise it? Bruce DeJong: That's a very nice, concise summary. Yes. Councilman Ayotte: Anybody else want to add anything? Mayor Furlong: I'm sure somebody will. Councilman Lundquist: Is that a challenge? Mayor Furlong: Thank you. Any other comments? Discussion. Councilman Labatt: I would agree with Bob. 0 0 CITY OF CIIANNSEN 7701 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952 227.1180 Fax: 952 227.1190 Engineering Phone: 952.227.1160 Fax: 952227.1170 Finance Phone: 952227.1140 Fax: 952 227,1110 Park & Recreation Phone: 952.221.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & 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.arn.us 0 0 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Josh Metzer, Planning Intern DATE: December 13, 2004 444. SU IJ: Request for an after -the -fact Variance for the intensification of a legal non -conforming structure by building a canopy with footings within the front yard setback located at 222 West 78th Street, Tom Wilder. EXECUTIVE SUMMARY The development was reviewed and recommended for approval by the Planning Commission on November 16, 2004. Because the Planning Commission did not receive a 75% majority vote for approval their motion acts as a recommendation to City Council. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on November 16, 2004, to review the proposed variance. The Planning Commission voted 4 to 2 to approve the proposed variance. The summary and verbatim minutes are item la in this packet. RECOMMENDATION 04 -35 Staff and the Planning Commission recommend adoption of the motion approving the variance as specified on page 6 of the staff report dated November 16, 2004. ATTACHMENTS 1. Amended Planning Commission Staff Report Dated November 16, 2004. 2. Findings of Fact. g:xplanx2004 planning c \04-39 - wilder variance -222 west 78th street\xxecutive summary.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a chamring downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. n U CITY OF CHANHASSEN STAFF REPORT PC D* November 16, 2004 CC DATE: December 13, 2004 REVIEW DEADLINE: 12/14/04 CASE #: 04-39 BY: JM, MS PROPOSAL: Request for an after -the -fact Variance for the intensification of a legal non- conforming structure by building a canopy with footings within the front yard setback located 3.8 feet from the front property line right of way. LOCATION: 222 West 78th Street Lot 4, Block 1, City Lots of Chanhassen APPLICANT: Tom Wilder 222 West 78t Street Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: 0.19 acre DENSITY: NA SUMMARY OF REQUEST: Request for an after -the -fact Variance for the intensification of a legal non -conforming structure by building a canopy with footings within the front yard setback located 3.8 feet from the front property line sway. Staff is recommending approval of the request with conditions. 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. LE 0 Location Map Wilder Variance Request 222 West 78th Street City of Chanhassen Planning Case No. 04-39 ro F W 77tl c p 9[T m rR C v Tm Q Chan Subject—m w Property L,R W 78th Wilder Variance • • Planning Case #04-39 December 13, 2004 Page 2 SUMMARY OF PROPOSAL The applicant is requesting an after -the -fact variance for a canopy/entryway with footings lesated within the front yard setback located 3.8 feet from the front property line fight of way. The site is located north of West 78th Street, west of Erie Avenue and east of Frontier Trail. Access to the site is gained via West 78th Street. A registered land survey deesfiet exist for this property, which was received by the City on December 7, 2004, shows the canopy/entryway and stoop do not encroach into the right-of- way. Staff originally used as -built surveys for West 78th Street to determine the location of the existing house. Based on the as -built for West 7e, it appeared that the house was built on the front property line, which leads led us to believe the stoop and canopy ate were located in the right- of-way. Because of this encroachment, staff had to recommend denial for lack of registered land survey showing the location of the home relative to the front lot line. The zoning ordinance requires all structures to maintain a 30 -foot front yard setback. The zoning ordinance also allows entryways on homes built prior to 1987 to maintain a 20 -foot front yard setback. This variance request is no longer a question of encroachment into the right-of-way, and is now solely a request for the intensification of a legal non -conforming structure by building a canopy with footings within the front yard setback located 3.8 feet from the front property line. Staff and the Planning Commission are recommending approval of this application. Wilder Variance • • Planning Case #04-39 December 13, 2004 Page 3 APPLICABLE REGUATIONS DIVISION 4. NONCONFORMING USES* Sec. 20-71. Purpose. The purpose of this division is: (1) To recognize the existence of uses, lots, and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension of any nonconforming use, building, or structure; (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. Sec. 20-72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. (b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. Sec. 20-615. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter and chapter 18: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. (2) The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul-de-sac "bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually illustrated below. (3) The minimum lot depth is one hundred twenty-five (125) feet. (6) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. c. For side yards, ten (10) feet. BACKGROUND 222 West 78th Street was created as part of the St. Hubertus subdivision on October 28, 1877. The subject property is a nonconforming lot of record and contains a house that was built in 1898. The platting of this lot and the construction of its home clearly predate the existing zoning ordinance. The City received a building permit for multiple improvements to the home on the subject property on June 22, 2004. On August 4, 2004 staff inspected the canopy footings and discovered footings were too close to the sidewalk. The applicant was notified that a variance would be required. The applicant proceeded with construction of the canopy anyways. Wilder Variance • Planning Case #04-39 December 13, 2004 Page 4 • A significant number of homes in this neighborhood do not meet required setbacks and several variances have been granted for various home improvements. Case # Address Variance Notes 01-1 220 West 78th Street 21.5' front and A roved for addition & canopy 99-6 226 Chan View Road 18' & 10' front yard Approved for addition & garage 88-10 7725 Frontier Trail 3' side yard Approved for garage 86-5 202 West 77 Street 2' side yard Approved for garage 83-13 222 Chan View Road 7' side yard Approved for garage 80-5 2031/2 Chan View Road 20' rear & 5' side yard Ap roved for garage 79-13 1201 Chan View Road 25' rear 7 5' side vard Approved for garage ANALYSIS The subject property is a 0.19 -acre lot located at 222 West 78th Street. The lot contains a single- family home, has an area of 8,580 square feet, and is zoned Single Family Residential (RSF). Chanhassen City Code requires a minimum lot area of 15,000 square feet. This means that 222 West 78th Street is just over half the size of that required by city code. All structures in the zone are required to maintain a 30 -foot front yard setback. The home, which was built in 1898, may be built on the front property line. The lot is rectangular measuring 60' x 143'. The canopy in question was built to shelter an existing concrete stoop. This stoop is located 4 3.8 feet from the front property line sidewalk. The footings of the canopy are located 3 feet from the side walk. The canopy is 12.5 feet in height at its peak, is approximately 40 square feet in area (5' x 8'). and is enfir-ely wi4iia the right of way-. Staff realizes that there is no buildable area in the front yard because the lot was platted and the home was built long before current regulations were developed. While staff believes the canopy will create safer entry and exit for the home, especially during severe weather conditions, it intensifies the non- conformity. FINDINGS TheCity Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet this criteria. Wilder variance • Planning Case #04-39 December 13, 2004 Page 5 Finding: The literal enforcement of the ordinance does net create a hardship. The property was platted in 1887 long before the lot requirements in the Chanhassen City Code existed. IAW]e There have been a number of variances approved for reduced setbacks on properties within 500 feet of 222 West 78th Street. , . Theff;ent deaf, whieh faees West 78th Stmet, has a eener-ete steep whieh is entifely within the right of way. T- h -e neeessity. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are applicable to all properties in the RSF zoning district. C. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The canopy/entryway will increase the value of the property. However, staff does not believe that is the sole reason for the request. The applicant's intent is to provide shelter at the stoop from the elements. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is not self-created because the City approved the building permit and did not prevent construction. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of 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. A majority of single-family lots within 500 feet of the subject property are less than 10,000 square feet in area and many contain structures which encroach on required setbacks. 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. Finding: The pfoposed Yariatien All a aeh inte the right of way. 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. Wilder Variance • • Planning Case #04-39 December 13, 2004 Page 6 PLANNING COMMISSION UPDATE The Planning Commission reviewed this application on November 16, 2004 and voted 4 to 2 in favor of approval. The major topic of discussion was the question of encroachment into the right-of-way. Since a registered land survey was not available, two commissioners voted to deny the variance. However, the denial was based on the possibility that the structure encroached into the right-of-way. RECOMMENDATION Staff Planning Commission recommends that the Planning GewArAss City Council adopt the following motion: "The Planning GeffflrAs City Council deities approves the variance for the intensification of a legal non -conforming structure by building a canopy with footings within the front yard setback located 3.8 feet from the front property line within the ..igM of way based on the findings of faet in the staff FepeFt with the following conditions: 1. Add the sidewalk to the registered land survey Y. - -. ..... .. ... .. .. ... . ... . .. . . - ... ..-.. - .. .. .. Y.ANNMIN ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Letter from Thomas & Jenny Wilder stamped "Received October 15, 2004". 4. Lot Drawing. 5. West 78th Street As -Built Survey. 6. Three (3) Architectural Plans. 7. August 4, 2004 Inspection Notes. 8. Memo from Matt Saam to Josh Metzer dated November 8, 2004. 9. Registered Land Survey for 222 West 78th Street stamped "Received Dec 7 2004". 10. Public Hearing Notice and Mailing List. GAPLAM2004 Planning Cases\04-39 - Wilder Variance -222 West 78th SumMilder Staff Report 3.doc 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Thomas & Jenny Wilder for a variance for the intensification of a legal non -conforming structure by building a canopy with footings within the right-of-way. Planning Case No. 04-39 On November 16, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Thomas & Jenny Wilder for a variance for the intensification of a legal non -conforming structure by building a canopy with footings within the right-of-way at 222 West 78h Street. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 4, Block 1, City Lots of Chanhassen. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. The literal enforcement of the ordinance does create a hardship. b. The conditions upon which this variance is based are applicable to all properties in the RSF zoning district. c. The canopy/entryway will increase the value of the property. However, staff does not believe that is the sole reason for the request. d. The hardship is not self-created because the City approved the building permit and did not prevent construction. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. • 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. On November 16, 2004, the Chanhassen Planning Commission approved the variance application of Thomas & Jenny Wilder with a vote of 4 to 2. 6. The planning report #04-39 Variance dated November 16, 2004, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approved the variance for the intensification of a legal non -conforming structure by building a canopy with footings within the right-of-way. 11� ADOPTED by the Chanhassen Planning Commission on this le day of November, CHANHASSEN PLANNING COMMISSION RIM 2 Planning Commission Chairperson � r CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: WoAl4-5 W � ADDRESS: 222, b✓. "79V4—_ 5f� - C��, /r9i✓t�5530 TELEPHONE (DayTime) � 37b /D35^ CITY OF CHANHASSEN RECEIVED OCT 15 2004 CHANHASSEN PLANNING DEPT OWNER: ADDRESS: ';717yo TELEPHONE:A %—! - Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development` Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attomey Cost' - $50 CUP/SPRNACNARMAP/Metes & Bounds - $400 Minor SUB Subdivision' TOTAL FEE $ Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box Building material samples must be submitted with site plan reviews. 'Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/s' X 11" reduced copy for each plan sheet. "Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. 0 PROJECT NAME: LOCATION: LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: YES _ NO REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 0 This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or 1 am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that N development review cannot be completed within 60 days due to public hearing requirements and agency review, the city requires an automatic 60 -day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Signature of Appl nt Da) ;g:nZatureZ)9� of Fee Ovy er ' Dat Application Received on 10 - 15 -o00 Fee Paid d 50 — Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. Wplan\fonns\Development Review Application.DOC 030;=3 i 0 Property owners: Thomas and Jenny Wilder October 14, 2004 Variance Application: 222 W 781i Street CrrYOF CHANHASSEN Chanhassen, MN RECEIVED OCT 15 2004 1) Completed application form: enclosed 2) Application fee: enclosed CHANHASSEN PLANNING DEPT 3) Review building permit # 4) Location map: enclosed 5) Please locate for me 6) Plot plan: enclosed 7) Requesting that my front porch footings be allowed 6 inches on center from existing concrete stoop 8) Variance justification a) This house was one of the original homesites of Chanhassen and originally erected in 1898. Over the last 100 plus years, various improvements were made including the pouring of a front concrete stoop. The entire house encroaches on a setback because of the continued improvements of West 781i Street. It should be noted that my permit was approved with drawing of roof over the existing stoop, complete with frost footings. It was only after a footing inspection that the encroachment question arose. c) The front roof will provide for a safer entry to existing structure. �A The granting of this variance will improve the aesthetic look to an original historic property on block 41 of Chanhassen. It is not detrimental to surrounding properties. In fact, the opposite is true. Since the property has been a "rental" for much of it's history. All neighbors that have stopped by have commented on how happy they are to see a dramatically improved property. What was an eyesore has been restored to an original "cottage look". f) The proposed variation will not not impair light, air or sight lines for any neighbors or endanger the public in anyway. It will enhance neighbors property values - not detract. Thank you, /a., Wil Tom and Jenny Wilder SCANNED L07 LAYoWc__ Z22 WEST RECEIVED AUG 12 2004 CHANHASSEN INSPECTIONS .w = F00ti145S 5cAL,e 1"=10' FooTI tib s, WrsT �8'-- SrrZtEr M�uu'� AVG V7 oar N � � ,� � .�Q C*D CD A(I(T 73A VY;o .91 IFILE a a'� 4 � •'I a%4 Nva Ila _511m EIwgion 5(flu -1'=1/`11 o �_Avcl of all eMenor walls )le,W 111A_cAl'z;� RECEIVED JUN 2 2 2004 CHANHASSEN INSPECTIONS Ali H-1T15ND fl�IhK�ls(l;f Ii APPROVED REVIEWED FOR CODE COMPLIANCE T CITY BY TO ALL MSBC PROVISIONS BYTr/ "• C®rDY DATEy u PERMIT #1 /LST - CALL FOR INSP CTIONS FOOTING I /'V 4'✓ T _FOUND. WALL REINFORCING PRE -BACKFILL INSPECTION .!'�RAMING & SHEATHING (& under -Boor) SULATION _ LATH _.DRYWALL F PLACE INAL PLUMBING, HVAC AND ELECTRICAL PERMITS AND INSPECTIONS REQUI BEFORE ERAMING INSPECTION PPROVED PLANS, SURVEY, MFG. - MINIMUM REQUIRED - .. MPONENT SPECS AND PERMIT MUST BE ON JOB SITE AT ATTIC VENTILATION - - L• TIMES 1300 OF HORIZOMAL PROJECTION OF OF AREA. Vi TO BE IN JJ II„ SOFFR"-'A TO BE IN a a'� 4 � •'I a%4 Nva Ila _511m EIwgion 5(flu -1'=1/`11 o �_Avcl of all eMenor walls )le,W 111A_cAl'z;� RECEIVED JUN 2 2 2004 CHANHASSEN INSPECTIONS Ali H-1T15ND fl�IhK�ls(l;f Ii HOUSE CANTIE E0. MU l affMT DECk O0. P RCH HOUSE rAAME •ii' LAGS 4 M" Q.0Ac - . E7CCtty - i ,ql -. • � DRYE0. VENT CI+NN - - - I 14 FEET WfM 2.E Bo51S .S- F "+ CY DCaeS v �� GLAfING Aoisture-resistant Mit K.EQU1R - n showors. Watora ll!! a rjtkretard - 14 n nay NOT be used o %rrC4F1J _f ;es y9 _ t MzN 9` OO 0 9 FIREBLOCK ALL S F% - 1 AND DROP;'Cf1 woe 4 eFT eera'Er p- i o v _ smb'ke tlelecyor,eWlpte' - 1\q.1 C'Nsrmr �epng erem.b.ewimdm tele exp Neacp alae - - �nG WSIilg 9leBpl� 4~ - ui���N"li� I F PTMED v rerun sFLOCAAf- r, t - �s ' rw.reR - a . Smoke alarms are required on anlevels and in all sleeping roams new and existing smoke alarms shall be interconnected and l6 hard wired, with battery backup. IST rlm WIN __--_..-- »a.a r � KITCHEN . t :1 - - fKi -EQ D AT ISOINT+. 5 DiNiNs �a _ HANDRAIL 38" ABOVE TREAD NOSING.- T0 2-5V WIDE, CONTINUOUS tel Space on open -riser D Cog Irways must not exceed 4'.. _ R L .ANaf'A pANRR FEWM GIAA N ' HEwE RECEIVED - JUN 2 2 2004 J" CHANtIASSEN INSPECTIONS - - -._ 6111200Y- -- fIR(t MHUA f1Nk'El.Alll=� - - BEAMS MUST BE NAILED TOGETHER; SET ON TOP OF POSTS AND yi�Bc' SPLICED OVER POSTS. •�=t'z�2 VeR � . . wu•i➢91. W+O�w Si -y- if fF LORE b9WW6 WALL IL@FL1 a WA- w%tq . . wpm W— fp .NO L." FMK - y�DOw BILL %.- I3., XID.Y � tyL ��• . 111 1 n I.EPLAct: wRLL MM � " l as 5oic aro STALL 6 � � roes: ry cNec fe�wynr:ou; RECEIVED A9➢ �°"N6S IF uEttS7R2Y, JUN 2 2 [004 pp f �j CHANHASSEN INSPECTIONS )MAIC 1" ltPo1C �do td C2 W ADDRESS: 222 WEST 78TH STREET DATE: 8/4/2004 TIME: 02:20 PM INSPECTION TYPE: Footing NOTES: 1) 2 foot 8" diameter x 42" deep 2) per Bob G. is too close to sidewalk vairance require pour at your risk. STATUS: INSPECTION NOTES: INSPECTOR: 0 INSPECTOR: C— INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA A-180 INSPECTION FOR—;29r DATE -T 9 r TIME & DATE INSPECTION DESIRED / �D �0 I PERMIT NO. 2o04-01248 Doug Hoese 1A/� •CONTRACTOR TAKEN BY. CA WATER METER NO. REMOTE Make conections as listed above and schedule a re inspection. You may not cover, conceal or proceed with construction in any areas that require correction until authol#ed V the building official. ev 2 -n I CITY OF CNANNSEN 77100 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.11 Do 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 d Recreation Phone: 952.227.1120 Fax: 952.227.1110 0 TO: Josh Metzer, Planning Intern FROM: Matt Saam, Assistant City Engineer0 DATE: November 8, 2004 SUBJ: Variance Review for 222 W. 78`" St. — Thomas Wilder Upon review of the variance application submitted by Thomas Wilder, I offer the following comments and recommendations: Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & c Natural Resources Phone: 952227.1130 Fax: 952227.1110 1. Submit a lot survey signed by an RLS (registerA survey must show the following: a. Right-of-way, property, and easemen-: existing structure. �t z b OExistmg_sidewalk location. 2. An encroVe. ent agreement will be re structures are determined to be to the ngli� g:�eng�r Public Works 1591 Park Road None: 952227.M Fax 952.227.1310 Senior Center Phone: 952.227.1125 Fax:952.227.1110 Web She wwv.ci.chanhassennn.us land surveyor). The Paul Oehme,_City EngineerlPublic Works Director Dan Remer, Eno. Tech III relation to the The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and heautiful parks. A geal plane to live, work, and play. L\mmSidi P CITYOFCHANHASSEN RECEIVED DEC 7 2004 CHANHASSEN PIANNIND DEPT 0 20 40 LEGEND SCALE IN FEET e MONUMENT FOUND - O 3/4- IRON PIPE MONUMENT SET(TO BE SET) MARKED BY REG. NO. 19840 DESCRIPTION: Lot 4, Block 1, ST. HUBERTUS, Corver County, Minnesota SURVEYORS NOTES: 1) This survey was performed. and the survey mop prepared, without benefit of either o title insurance commitment or an attorney's title opinion. The property boundary shown hereon is based on a properly description provided by the client. This surveyor has not researched the title to the property surveyed, nor has this surveyor researched the titles and record descriptions of adjoining properties. 2) The loot date of field work was on 11-29-04. CERTIFICATION: On behalf of Bolton & Monk, Inc.: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the Stale of Minnesota. jj— _ December 2, 2004 J. Williome. J Minn.. Licena¢ Numb 1 40 LOT 4, BLOCK 1. ST. HUBERTUS CARVER COUNTY, MINNESOTA BOLTON & MEIVK, INC. Consulting Engineers & Surveyors 1515 EAST HIGHWAY 13, BURNSVILLE, MN 55337 (952) 890-0509 1 FOR -THOMAS WILDER MANKATO. MN FAIRMONT, AN SLEEPY EYE, MN WILLIAM, MN COORD FILE: I:\Y2004-21334\T1221552\w\21552CO1.vC JOB NUMBER: 712.21552 FIELD BOOK: 299, PG. 54 DRAWN BY: LJF FILE NO. 3798 i CITY OF CHANHASSEN • AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on November 5, 2004, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing For Wilder Variance at 222 West 78th Street — CORRECTION — Planning Case No. 04-39 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 of7�Qmx 4 I , 2004. Notary Pu lic �.s, luty Clerk KIM r AWVVWD c«nrnissia, Notice of Public Hearing -w CORRECTION Chanhassen Planning Commission Meeting Date & Time: TUESDAY MGPday, November 16, 2004 at 7:00 p.m. Location: City Hail Council Chambers 7700 Market Blvd. Request for an after -the -fact Variance for the intensification of a legal non -conforming structure by building a canopy with Proposal: footings within the front yard setback on property zoned Residential Single Family RSF Planning File: 04-39 Applicant: Thomas Wilder Property 222 West 78th Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about Questions & this project, please contact Josh Metzer at 952-227-1132 or e - Comments: mail lmetzer@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. City Review Procedure: • Subdivisions, Planned Unit Developments,. Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notifled of the application in writing. Any Interested parry 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 commerclaVindustriai. • 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, please contact the Planning Staff person named on the notification. Notice of Public Hearing — CORRECTION Chanhassen Planning Commission Meeting Date & Time: TUESDAY Meaday, November 16, 2004 at 7:00 p.m. is trap is neither a legally recorded map nor a survey and is nd Intended W be used ss one. is crap is a eorrpilation d records, infomation and data located s various city, w tt,, state end doral offices and order souncee regarding Me area shovm, and Is to be used for reference ,posm only. The City does ns, warrent that the GeogmpN Momegon System (GIS) Data used prepare this nap are error tree, and Me City does not represent diet Me GIS Data can be used • naNgauonal, tracking or any other WrWse repairing exV irg nsawrertmt of dstance or rection or precision In the depicgon of geograptic features. M errors or discrepancies are found ease contact 952-227-1107. The preceding dsnlalner is provided pursuant to ternesote tables §466.03, Subd. 21 (20D0), and Me user of MIs map acknowledges Mat the City shall trot a Dade for any damages, end ageessly waives and claims. end agrees to defend, indenniy, and Did hannless Me City from any and all cla'um brought by user, its employees or agents, or third ales xhich arise oW of Me User's access or use of data provided. Subject �" Property — ,./AX Tis rrap is mMer a legally recorded map ter a survey and is not intended M be used as one. Tis nap is a compilation of records, Intonation end data located in various city, cant'. state and ederal oI1ioas and other souRAe tegardiN Me area blown, and m to be toed for reference eryOSea only. The City does not wane Mal Me Geograpiic Monneson System (GIS) Dale used o prepare Us map are error free, and Me Gily does not reprasenl that Me GIS Data can be used or navlgatlanai. treddrg or any oder p pose reW" eractiN treasure, era of diStemee or lirection or pedision in the depiction d geoPapnic Wanes. ff arras or cismepancies are found lease contact 952-227-1107. The preceding disclaimer is provided pwstent to Wevesote aaM §46603- Subd 21 (2000), and Me tsar of this nap abavfedges Mat the City shat not m Rade for any der ages, and eivressiy waives all damns, and actress to defend krdemiy, and cid lamiess Me City frown any and all darns Wougnt by User, its arpon. or agents. or Mnd adie l which ansa out of Me asees aaxss orusa of data provided 0 0 0 WAYNE RUDOLPH ANDERSON & JOAN SOPHIA WILLMAN-ANDERSON HN N JOHNW & PAULA J ATKINS 204 CHAN VIEW 78TH ST W CHANHASSEN MN 55317 CHANHASSEN MN 55317 VERDELL BORTH DEAN C & JANET M BURDICK 202 78TH ST W 206 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 VIOLA BUSCHKOW SKY 206 78TH ST W CHANHASSEN MN 55317 CHURCH OF ST HUBERT 8201 MAIN ST CHANHASSEN MN 55317 RYAN M GAGSTETTER 224 78TH ST W CHANHASSEN MN 55317 MARY E JANSEN ETAL 7720 ERIE AVE CHANHASSEN MN 55317 JOHN E & KAREN M KRAEMER 7703 ERIE AVE CHANHASSEN MN 55317 PETER J & KATHERINE A MANDY 6210 NEAR MOUNTAIN BLVD CHANHASSEN MN 55317 BRIAN P & COLLEEN S NUSTAD PO BOX 8 CHANHASSEN MN 55317 CARVER COUNTY HRA 705 WALNUT ST N CHASKA MN 55318 PAUL G EIDEM & ANDREA F GRIFFITH 7727 FRONTIER TRL CHANHASSEN MN 55317 RICHARD & KATHY GAVERT 7701 FRONTIER TRL CHANHASSEN MN 55317 BERNARD & HELEN KERBER 221 77TH ST W CHANHASSEN MN 55317 KEITH R & LISA KUPCHO 7723 FRONTIER TRL CHANHASSEN MN 55317 PAUL MARAVIGLI 226 CHAN VIEW CHANHASSEN MN 55317 RICHARD A & ELIZABETH M NUSTAD 7721 ERIE AVE CHANHASSEN MN 55317 JEFFREY W & MARY L BORNS 7199 FRONTIER TRL CHANHASSEN MN 55317 DANIEL J & JEANNE M BURKE 225 77TH ST W CHANHASSEN MN 55317 CHAPEL HILL ACADEMY 306 78TH ST W CHANHASSEN MN 55317 G L B PROPERTIES LLC 1831 KOEHNEN CIR EXCELSIOR MN 55331 ANNA IVERSON BOX 1 CHANHASSEN MN 55317 TROY P KIMPTON 205 CHAN VIEW CHANHASSEN MN 55317 MARC J LARSEN & LAJEAN E BYLER 7706 ERIE AVE CHANHASSEN MN 55317 STEVEN R NELSON 11923 BLUEGILL DR SAUK CENTRE MN 56378 GREGORY J & KAREN J ODASH 221 CHAN VIEW CHANHASSEN MN 55317 THOMAS A & LYNN M PAULY NICHOLAS & PATRICIA PEKAREK TODD W PERTTU 7721 FRONTIER TRL 202 CHAN VIEW 2031/2 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 0 0 BARBARA PIKE RONALD & ELAINE ROESER 201 CHAN VIEW 222 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 JESSE J SCHNEIDER LARRY A & KATHLEEN A PO BOX 143 SCHNEEDER CHANHASSEN MN 55317 7720 FRONTIER TRL CHANHASSEN MN 55317 TONJA ST MARTIN KERMIT M & AUDRE A STAKE 207 CHAN VIEW 205 77TH ST W CHANHASSEN MN 55317 CHANHASSEN MN 55317 THOMAS J & JENNIFER WILDER RICH SLAGLE 21740 LILAC LN 7411 FAWN HILL ROAD EXCELSIOR MN 55331 CHANHASSEN MN 55317 JESSE SCHNEIDER 224 CHAN VIEW P O BOX 143 CHANHASSEN MN 55317 BLANCHE M SCHUTROP 302 CHAN VIEW CHANHASSEN MN 55317 CHRISTINE A TAILLON TRUSTEE OF TRUST 203 CHAN VIEW CHANHASSEN MN 55317 OLI- 39 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Thomas & Jenny Wilder for a variance for the intensification of a legal non -conforming structure by building a canopy with footings within the right-of-way. Planning Case No. 04-39 On November 16, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Thomas & Jenny Wilder for a variance for the intensification of a legal non -conforming structure by building a canopy with footings within the right-of-way located at 222 West 78's Street. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 4, Block 1, City Lots of Chanhassen. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. The literal enforcement of the ordinance does create a hardship. b. The conditions upon which this variance is based are applicable to all properties in the RSF zoning district. c. The canopy/entryway will increase the value of the property. However, staff does not believe that is the sole reason for the request. d. The hardship is not self-created because the City approved the building permit and did not prevent construction. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. {CANNED 0 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 #04-39 Variance dated November 16, 2004, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves the variance for the construction of a canopy with footings without any setback and within the right-of-way. 11� ADOPTED by the Chanhassen Planning Commission on this 16"' day of November, CHANHASSEN G COMMISSION BY: Its Chairman gAplan\2004 planning cases\04-39 - wilder variance -222 west 78th streetvndings of fact.doc 2 9 r Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. NOTICE OF PUBLIC HEARING County of Carver ) PLANNING CASE NO. 0439 CITY OF CHANHASSEN NOTICE IS HEREBY GI V EN that the Chanhassen Planning Commission will hold a public Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized hearing on Tuesday, November 16, agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- 2004, at 7:00 p.m. in the Council lager and has full knowledge of the facts herein stated as follows: Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of (A) These newspapers have complied with the requirements constituting qualification as a legal this hearing is to consider a request newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as for an after -the -fact variance for the amended. intensification of a legal non. q conforming structure by building a (B) The printed public notice that is attached to this Affidavit and identified as No. canopy with footings within the front was published on the date or dates and in the newspaper stated in the attached Notice and said Yard setback on property zoned Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of Residential Single Family the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both located at 222 West 78th Sttreet.reet. Applicant Thomas Wilder. inclusive, and is hereby acknowledged as being the kind and size of type used in the composition A plan showing the location ofthe and publication of the Notice: proposal is available for public review at City Hall during regular business abcdefghijklmnopgrstuvwxyz hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal y: Josh Metter, Laurie A. Hartmann Planning Intern Email: imetzerAci. h nhas n tun +. Phone: 952.227- Subscribed and swom before me on 1132 (Published in the Chanhassen �/ Villager on Thursday, November 4, 14 2004: No. 4294) this day of G2 2004 w - GWEN M. RADUENZDUENZ NOTARYPUBLIC MINNESOTA My CMMSSion Expires Jan. 31.2'05 44 Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter ................................ $22.00 per column inch Rate actually charged for the above matter .............................................. $10.85 per column inch SCANNED Planning Commission Meeting — November 16, 2004 19_ Access to all three lots shall be limited to the private street. Direct access is prohibited off of Pleasant View Road. 20. That all construction parking will be required to be off road. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: REQUEST FOR AN AFTER THE FACT VARIANCE FOR THE INTENSIFICATION THOMAS WILDER, PLANNING CASE NO. 04-39. Sharmeen AI-Jaff presented the staff report on this item. Sacchet: Questions from staff. Lillehaug: I have a couple. Sacchet: Go ahead. Lillehaug: You said denial right? Because this says approval. So you're recommending denial. Sacchet: It says both Steve. Aanenson: It says both. We have conditions for both. Lillehaug: On the front page it says denial I thought, or approval. Anyways, it's denial. Tjomhom: You're right, it does say that. Sacchet: Okay. Lillehaug: Has staff spoken with the city attorney on the liability the City takes with having a residential structure on it's city right-of-way? Typically I guess I've seen where, you know with personal property on city right-of-way, the city requires an agreement indemnifying them of any liability, etc on this. So what is our attorney saying? Saam: Typically we handle cases like this, or if residents have structures in easements, right-of- way, with encroachment agreements. Basically, then that gets recorded with the property so then it's just laid out that while the city's allowing you to encroach into our right-of-way easement, what have you, we as the city are not responsible for maintenance, that sort of thing. So the encroachment agreement is the short answer. That's our solution. Lillehaug: Is that a typical agreement though on an actual residential structure? I mean I've seen them for walls, retaining walls, fences but on an actual residential structure out in the right- of-way? 43 0 0 Planning Commission Meeting —November 16, 2004 Saam: Yeah, I guess I haven't seen one for maybe a residential structure but I know we've done them for parking lots, for corners of commercial buildings. I've done one on the, and that's similar to this so. Sacchet: Okay? Lillehaug: Yeah. Sacchet: Any other questions? Keefe: I've got a couple. The stoop was there. It's been in the right-of-way for along time I'm assuming. Is that right? AI -Jaffa That's correct. Keefe: Yeah, and so this is what, an intensification is that what you said? Al-Jaff: Correct. And actually the footings actually extend beyond, or the stoop or the steps are right here and then if you look at the footings, they extend further into the right-of-way. So it is an intensification and then you've added this portion. Keefe: And the additional intensification from a, is what a foot closer into the, or is it? Al -Jaffa Probably less than that. Keefe: Little bit less that a foot. Okay. AI -Jaffa 6 inches to be exact. Keefe: You know I was just looking at the letter I think that, I don't know if it was the applicant or the owners and just can you speak to the question of the approved drawing that he says he submitted complete with frost footings. Can you give me a sense on what you know about that? And because at least my conclusion just from reading it, and I guess we can probably hear from him shortly, or her shortly, you know it's sort of like well, maybe he thought that it was approved because the drawing was approved. Can you speak to that at all? Sacchet: Actually Dan, I have a short cut to that. If I may jump in. You mentioned that the application was received on June 22nd. The application has a stamp on it that says approved June 25 . I assume that's approved by the city. Al-Jaff: That's correct. Sacchet: But then it seems like the non-conformance was not found til the inspector found it, which is dated August 3rd or 01. Is that accurate? So it was approved but without a plat, as you described. AI -Jaffa Correct, then. as 0 IAU 0 0 Planning Commission Meeting — November 16, 2004 Sacchet: And then the non-conformance was actually found after the fact on August 3'u Al -Jaffa That's correct. Sacchet: I think that should shed some light on what you're actually asking about here. Keefe: Well a little bit. I'm trying to understand, it sounded like the original plan was one that had a different roof line. The one that was approved, and at least from what I'm reading here is that, is that correct? Sacchet: Not sure about that Keefe: I'm just trying to understand because at least what he says, it should be noted that my permit was approved with the drawing of the roof over the existing, the roof over the existing... Aanenson: Let me just give some clarity again to this. This came in in a sequence of different applications. So the siding, when it's a normal siding, the Planning Commission, the planning staff doesn't look at it. Otherwise planning staff reviews all permits for setback. It was a survey that the inspectors look at. Not even a specific... Sacchet: So it didn't come to planning. Aanenson: No, it didn't come to planning. Sacchet: It didn't come to planning yeah, because it's just. Aanenson: Right, so when the inspector caught it and said I should let someone in planning know, so it didn't come through the normal route because it was for a siding permit. And the inspector noted the permits, if you look on the notes, he said you're proceeding because I don't think the planning would approve something like this so that's where the dialogue started. Sacchet: Okay, but at that time it was already built to some extent. Aanenson: The footings were in. The roof wasn't on yet. The siding wasn't all the way on the roof or the shingles weren't on the roof... Keefe: So the footings for the structure which has been built were put in? Aanenson: That's when the inspector I believe is at the time the inspector found it so the footings were out past the stoop. Keefe: Okay, and that's when the inspector said it needs to go... Aanenson: Right, because generally for a siding doesn't always go to the planning department. Keefe: And then after that, that note was made, then the remaining structure was built? 45 0 0 Planning Commission Meeting — November 16, 2004 Aanenson: Correct. Keefe: Is that sort of the sequence? Aanenson: That's our story. Keefe: Alright, thanks. Sacchet: Okay. Any other questions? Kurt. Papke: Yeah. If the Planning Commission were to deny the variance, what would be the next step? What would be the options open to the applicant? At that point. Al -Jaffa They would have to remove the addition. Papke: The entire addition? Al -Jaffa You can appeal your decision to the City Council. Should that fail, then he would have to remove. Papke: The entire addition? Aanenson: You can modify anything within it. Whatever you would recommend. So that's up to you. Papke: Okay. Sacchet: Any other questions? I think I had one more. Oh yes, I had another question. There's another house that's very close to the road. It's the one on the corner of Frontier and 78". Do we know how close that is? Because it seemed, yeah I don't think it made that drawing. I think just slightly west from that. What we see on here. Actually it would be the next lot to the west. Then it seems like that one has at least a stairway or something going into the right-of-way. A] -Jaffa We looked at the area and it appeared that this was the only one that actually encroached into that required. Sacchet: Okay, that answers the question. Al -Jaffa Into the right-of-way. Sacchet: Thank you. With that, do we have an applicant? Tom Wilder: Yes. Sacchet: Please. It's your turn. State your name and address for the record and tell us your story please. Cli 0 0 Planning Commission Meeting — November 16, 2004 Tom Wilder: Tom Wilder, 21740 Lilac Lane, which is the county line actually of Shorewood. That's where I live. I own the property 222 West 78'h Street and appreciate being able to come out and tell my side of the story tonight. I bought the house April 28h. 1898. You know all that part. The house did need extensive remodeling and that, I applied for all the permits. Everything is new, you know. Electrical, from the street in. Had the service, you know plumbing, everything is absolutely brand new. And applied for all the permits in proper order I might add. What is incorrect in staff's report, respectfully, is the time line. Submitted my drawings June 2fd. Had them approved and paid for the permit June 25th. And the first thing they did was build the canopy. The last thing we did was set it on the footings. It was on a temporary framing and the footing tubes were in. Concrete's on the way. Doug comes out and says, hey this is too close to the sidewalk. I said the whole house is too close to the sidewalk, and I'm just covering up the existing stoop. There's a lot of traffic on that sidewalk. It's good traffic, you know bicycles, skateboards, kids, parents, people taking walks. And I've got the situation of the canopy on temporary framing. Do I pour or don't I pour? I wasn't about to leave the canopy on the temporary framing, completely built. 100 percent built. Shingled. The whole thing. In fact maybe not shingled but I think it was shingled by that point. I can check. But 100 percent built. We poured the footings. We put in the posts and made a much safer structure. I might add we made the entire house, in my opinion, prior to me buying it was an eye sore. It'd been a rental property for 50 years. It was shot and now it's been put back together. I consider it a gateway house. 1898. I consider it a nice welcoming structure to Chanhassen. So I want to make that clear. The canopy was built, we dug some holes. You guys came out said, don't proceed, and then we built the rest of it. That's not what happened, and you can confirm that with Doug. I don't, I disagree that the structure encroaches any more than the existing stoop. If you look on the permit that was approved on June 25th, you'll note, should I put this under the camera. Sacchet: We've got it in front of us. Tom Wilder: Okay. I'm not sure if the pages are numbered. But it's the one, received June 22°a. Second level floor structure. With the specific note, install 6 by 6 posts. Check foundation. Add footings if necessary. That was check the foundation of the stoop. See if the stoop had footings. Building department said if the stoop doesn't have footings, just drop them right in front, which is exactly what I did. We're talking about 6 inches, and I'm not, you know I know there are rules. I might also. Sacchet: So it's half a foot Dan. Tom Wilder: So we're talking about half a foot is what we're talking about. We're also talking about making an existing stoop, whether it's in the right-of-way or not or whether it's on my lot or not, I'm not sure but I think I'm about 99 percent sure it's not even on the lot line, and I'll tell you why, but it would involve removing your added for sale, the address over the political sign. There's something that needs to be seen, and that's the survey that was done next door. If you'll note the post in front of the Y and the M in that name. Sacchet: The wood post there, yeah. Tom Wilder: That is the, you know RLS survey of my next door neighbor, which is about 8 inches off the sidewalk. And I'm assuming my lot line is probably continues right down the sidewalk. You know I'm assuming my lot line is about 8 inches off the sidewalk towards my 47 0 0 Planning Commission Meeting — November 16, 2004 house as well, so you know I don't know who's right or who's wrong. I'm not sure. I do know a survey will add another $2,000 to my permit because I did some checking today. So I'm not real excited about that. If that's what it takes, I'm willing to do that. I would like to leave it just with the encroachment agreement myself. Might also add you know, I've worked with the city every step of the way on this house. Tore out 4 layers of roof. Added completely new sheathing. It wasn't insulated. It's fully insulated to code now. There were two chimneys. The city made we hire a structural engineer to come out, and you might, you know that was money to approve the chimneys. That they weren't going to fall over. I had to reinforce them with steel. I mean as far as I'm concerned this is not a paint and wallpaper job. I have a lot of money tied up in this place so, and I'm willing to, you know it's going to be first class but to tear off the canopy would really be a major, major setback for me, and I think be a setback for the community. That's all I have. Sacchet: Thank you. Any questions from the applicant? Steve. Lillehaug: I have a couple. When you say existing, what do you mean by existing? Was it existing prior to you buying the house? Tom Wilder: The stoop? Lillehaug: Yep. Tom Wilder: Yes. The stoop's been there, it's my understanding the stoop's been therefor decades. Now that might be an exaggeration. The concrete, if you go out and look at it is pretty pitted. And I'm planning on. Sacchet: It's pretty beat up. Tom Wilder: What's that? Sacchet: It's pretty beat up. Tom Wilder: It's pretty beat up. And I'm planning on putting cobblestones over it. Make it look nice. Lillehaug: Okay. Sacchet: Any other questions? Thank you very much. Tom Wilder: You're welcome. Sacchet: Now this is a public hearing. I open the public hearing. I don't see anybody standing up. I close the public hearing. Any objections? No. Ahight, back to commission. Comments, discussion. Does it need it? Slagle: I've just got one and that is, I think anytime one would embark on something like this, a survey certainly would be prudent. M 0 0 Planning Commission Meeting —November 16, 2004 Tom Wilder: Should I come back up? Slagle: No, that's okay. Tom Wilder: Okay, I did, there was a survey by the way. It's just old. 100 years. Aanenson: It wasn't an as built survey. It was 100 year old survey. Slagle: I understand. Tom Wilder: Well, you know measuring tapes I think were. Slagle: But the one thing I would throw out to my fellow commissioners, I think I would like to see the results of a current survey because that might make this situation a non -issue. And I think that would be in your best interest as well. Sacchet: Any other comments? Steve. Lillehaug: My comment is I do not support him improving anything that's in the city right-of- way and I would recommend tabling this to give him an opportunity to perform a survey so he doesn't have to re -apply for a variance because he's probably going to need, still need a variance so I would support probably tabling this. Am I kind of on the right tune here? Sacchet: Well, you know what seems to be the one thing that is significant to me in this whole trail here is the dates. I mean we have the dates right here. This plan was drawn up on the 0 of June. It was received by the city on the 22°d of June. It was approved by the city on the 25`s of June, and then they built. Now exactly where exactly the state was in, it was, it certainly in an advanced state when on August 3`d the inspector found that there might be an issue. So I have a hard time going back with that. I mean I think the city procedures obviously did not require that sort of planning, so it kind of slipped through there. To go there after the fact and consider the possibility, if I'm to tear this stoop down, I think is not fair. I really don't think it's fair. If we would look at that from the beginning, I would think it was the balance thing would be to maybe make the canopy a little smaller. I don't think it would necessarily have to be quite as big. If it's really as big as the stoop. Now, are we going to raise an issue over 6 inches? I really don't think that makes sense personally. Kurt. Papke: Yeah, just one comment. This is the second Planning Commission in a row where we have a situation where someone has come in with a variance for something that was either partially or completely constructed. The previous one was a garage footings and so on. In a bluff area. Sacchet: Grading. Papke: And with all due respect to what you said about the drawing here, the drawing doesn't show any setbacks. There was, unless I'm missing something, I don't know that there was anything to indicate that there was any issue with setbacks here. So unless one had you know the intuitive knowledge by looking at the address to say geez, I know the houses on that street are built awfully close to the street, maybe we should look at that. You know I don't think there was M 0 0 Planning Commission Meeting — November 16, 2004 anything to indicate that there was any issues with setback here or anything that would indicate that this permit should be denied. So perhaps the issue is you know, do we require people to show, you know bring in a plat drawing so that there's something to indicate where these issues come up, or something. What I'm concerned with as a planning commission is our actions speak a lot louder than any words, and if every time one of these comes in, what we're sending the signal to the community is that if you just quick get it in and get it constructed, you're good to go. The Planning Commission will just approve it and I have a big issue with that because that seriously undermines what we're trying to do in this community so. On the other hand, I hear what you're saying. It's 6 inches. There's no logical reason to deny this, but there's also the issue of the precedence that we're establishing in the community so I have some concerns with that. Lillehaug: Can I ask a point of clarification from staff? Is it city policy with building permits to require a registered survey to be included in a permit, building permit application? Aanenson: It's really an issue of, you know we've got 2'/z acre lots. We use some discretion of where the house sits on the lot and we don't always require. And it's a burden. This is an existing house. We're thrilled with how the house looks, so the building inspector makes a decision, just as Kurt laid out. Try to tum around in a couple days. Keep it moving. And it is an old, old survey. Yeah it was 12 inches but you're right, unless you look at it in detail, when the inspector got out there and issued the permit, whoops. There's a problem. Saam: And I'll just add something. We try to take a little bit of judgment and the size of the improvement, you know really does this require a survey? We go out there a lot of the times to see the grading extent of it. We try to, like Kate said, if it's not a big improvement, don't burden people like Mr. Wilder said. A $2,000,$1,000, a grand survey. We try to not burden them. For sure with every new house, every decent size addition we require it. On this one, you know we're damned if we do or damned if we don't. And a survey will tell us. It will say whether it's in the right-of-way, just in the setback, whatever. So looking back on it, for sure we should have probably required it. Aanenson: And again looking at it was an exterior/interior remodel. There was no addition on it so it didn't raise a flag. Papke: Just one thing about the survey that I want to make sure the applicant understands that this could go one of two ways. I mean the, well a couple different ways. The survey could show that indeed we have a 6 inch issue or it could show that you know, you have no issue to deal with but you could end up spending the money for the survey and be right back in the situation where you're at right now where you know, it's 6 inches or more. Sacchet: Well if I remember correctly the staff report states on not just the footings. Actually even part of the stoop or even the entire stoop is in the right-of-way, isn't it? Aanenson: Correct. Al -Jaffa According to the as -built survey for West 78`s, yes. Sacchet: So the whole thing is in, so we have the whole stoop potentially in the... 50 0 0 Planning Commission Meeting — November 16, 2004 Keefe: I've got a question in regards to that. If we were to make him remove the awning, would we also require him to remove the stoop then? Al -Jaffa No. Sacchet: You know to me requiring to remove this thing makes no sense because I think I'd go one step further. I mean if we would have wanted to dealt with this we'd have to start dealing with it in the beginning. Now when this thing comes in, they're just looking at it on paper? The building inspector when he puts his approval stamp on it. Aanenson: Correct. Again, let me making the discernment to say it's a siding. It didn't appear to be a lot until he got out there and saw, oh my goodness. This is awfully close and didn't understand the implication of that because it appeared to be siding and interior remodel. Tom Wilder: Can I say something? Sacchet: Sure. Tom Wilder: Doug. Aanenson: Can he please come up to the microphone? Sacchet: Yeah, if you want to come forward. Yeah, the applicant can speak just about any time. Certainly during deliberation. Tom Wilder: Bought the house on April 28`s. I closed on it about in this being Doug's notes, I had him out for a preliminary inspection. Sacchet: So he was actually out there? Tom Wilder: A few days after closing. Sacchet: It's not like he's never been there. Tom Wilder: No. He went through the entire house. He went down to the basement with me. He did the whole 9 yards in April. Well, maybe May 0. So he was well, the staff was well aware of what house we were talking about. Sacchet: Okay. You see that's where I'm coming from. Aanenson: Again, the building inspector doesn't always, under that circumstance... Sacchet: It's not his responsibility in a formal way, right. I understand that. But I do think that the city bears some responsibility and to go back after the fact and put the whole responsibility on the applicant just doesn't make sense to me. That's my position. 51 0 0 Planning Commission Meeting — November 16, 2004 Lillehaug: Or we could have, I mean staff could have had him perform the survey right up front rather than after the fact so it's not like he's losing anything. Yeah, they may have made a mistake but yeah, he should have to have, in my opinion, he should have a registered survey done on it. Sacchet: Sorry. Tom Wilder: ... oh that's alright. Maybe I should just stay here. I'm agreeable to the recommendations on approval of this variance. And paying for the survey and paying for the encroachment agreement and paying for the other permits that I've paid for. You know the extra physical engineer I had, or structural engineer I had out there. I mean I've had, it's been a unique house. It's been fun. I've enjoyed it. I'd do it again um, but I do feel slighted on the time line. And the only reason I put those posts up was safety reason. I know it states differently in the report but I wasn't about to leave that canopy hanging on a couple of 2 by 4's. Sacchet: We understand that. You want me to address your comment Kurt about the precedent. I mean yes, we definitely do not want to project the image that something is done and then we agree, but is this the right case to make an example. I really don't think it is. Keefe: Yeah, my comment would be in regards to, you know we have to weigh the precedent on one hand and then we have to weigh all the other information we got which is maybe he's in the right-of-way, maybe he's not. We've determined that through a survey. He's got the time line I think is, you know what he's saying is accurate. You know you would think the city might bear some responsibility. Levels of improvement he's putting into place is pretty terrific so the city's getting the benefit from that. And it's 6 inches you know, and I mean we're not going to make him remove the stoop. We would make him remove the awning which is a violation of 6 inches. I agree with your comment that it's not one to set a precedent on. Tjornhom: And I think our paper trail does show that he was trying to comply with city regulations by pulling his permits and going through the inspections. I don't think he was trying to pull a fast one on anybody or sneak a porch on. I just, I don't think that was the case with the whole thing and so I would also agree that what's done is done and I think he's done a lovely job improving the home actually. And so I'd hate to punish him for your good works. Sacchet: So in terms of the things we have to look at, I mean I would propose that yes, there is a hardship the stoop, to tear this down. It's a hardship at this point. Which, is it self created? Well yes he created it but the city helped create it by not catching it earlier. Therefore I consider it a reasonable request, I mean in terms of putting some foundation under what my position is. Do we want to venture a motion or is there more discussion? Keefe: Just one ... question which is, if we were to approve the variance it says that we need to, we could have them submit a lot survey by the surveyor. Is that something we would still want to require? Sacchet: It wouldn't hurt. Lillehaug: I would absolutely say yes. 52 i • Planning Commission Meeting — November 16, 2004 Aanenson: I think we need to get an encroachment agreement so we know exactly where it sits on the property. Sacchet: In order to make an encroachment agreement we need to know how much is being encroached I think. In other words it holds no water. Alright. Ready for a motion? Slagle: So point of clarification. So we're suggesting that, that we're not tabling this upon. Sacchet: Why would you table Rich? Slagle: What my thought was, is you would table it to get the survey done and then determine if we should even be here having this discussion. Lillehaug: And to add to that, my position is I don't, I would not support any encroachment agreement for this. Regardless of, and so I would see it mandatory that a survey is done and if it did show an encroachment, I would not support it. A variance. Myself. Sacchet: I'd be willing to close it out right now but. Keefe: So would I. Tjomhom: I would too. Sacchet: We need more than 3 or 4. We need 5? Aanenson: Well it would just move up to City Council. Sacchet: Okay, okay. Then City Council can look, take another stab at it. I mean since we're kind of laboring. I mean we have a range of opinions. Maybe that's the solution is that we pass it on to City Council. Lillehaug: It's up to you. Keefe: Is it an issue that we want to pass onto City Council? Sacchet: I don't. Keefe: No. Sacchet: I don't. Papke: I think I can support this one. I think it needed to be said about the precedence setting issue but I'm ... given the situation. Sacchet: So it comes down to you Rich. Slagle: Take the vote. 53 0 Planning Commission Meeting —November 16, 2004 Sacchet: Alright. Somebody make the motion please. Keefe: I'll make a motion. The Planning Commission approves the variance for the construction of a canopy with footings without any setback and within the right-of-way based on the findings of fact in the staff report with the following conditions, 1 and 2 I believe. Sacchet: Yep. We have a motion. Is there a second? Papke: Second. Keefe moved, Papke seconded that the Planning Commission approve the variance for the construction of a canopy with footings without any setback and within the right-of-way based on the findings of fact in the staff report, and with the following conditions: 1. Submit a lot survey signed by a registered land surveyor. The survey must show the following: a. Right-of-way, property and easement lines in relation to the existing structures. b. Existing sidewalk location. 2. An encroachment agreement will be required if any of the existing structures are determined to be in the right-of-way. All voted in favor, except LiBehaug and Slagle who opposed, and the motion failed with a vote of 4 to 2. Sacchet: So we have 1, 2, 3, 4 to 2. That means it goes to City Council, right? Aanenson: That's correct. Sacchet: Yep. Thank you very much. Good luck with it. PUBLIC HEARING: VILLAGE ON THE PONDS BUILDING C-1, FOOD COOP, REQUEST FOR SITE PLAN APPROVAL FOR A 18,200 SQUARE FOOT COMMERCIAL BUILDING WITH LAKE DRIVE AND GREAT PLAINS BOULEVARD, VOP I, LLC, PLANNING CASE NO. 04-40. Bob Generous presented the staff report on this item. Sacchet: Thanks Bob. Who wants to have any questions? Are we still awake enough? Papke: I'll start. Just a question on fenestration requirement here. Boy, I love to be able to use that word. On page 6 of the staff report here, just below the table, it states as can be seen by the table, the percentage of openings and faux windows. By faux you mean fake windows, yes? Generous: Yes. 54 MY Of December 16, 2004 CgANgASSEN 7700 Market Boulevard PC Box 147 Dear Mr. Wilder: Chanhassen, MN 55317 PFax:952.227,1170 Mr. Thomas Wilder Administration 21740 Lilac Lane PFax:955227.11100 Shorewood, MN 55331 Fax: 952.227.1110 certificate of survey of 222 West 78th Street. In order to process the Building Inspections Re: Variance No. 2004-39 — 222 West 78th Street Phone: 952.227.1180 Fax: 952.227.1190 Dear Mr. Wilder: Engineering PFax:952.227,1170 pursuant to the City Council meeting on December 13, 2004, I am following up Fax: 952227.1170 on the Council's recommendation for reimbursement of one-half the cost for the Finance certificate of survey of 222 West 78th Street. In order to process the Phone: 952.227.1140 reimbursement, please provide me with a copy of the receipt for the survey. I will Fax 952227 1110 then send your reimbursement. Park 8 Recreation Phone: 952227.1120 please feel free to contact me if you have any questions at 952-227-1139 or by Fax: 952.227.1110 email at kaanenson @ci.chanhassen.mn.us. Recreation Center 2310 Coulter Boulevard Phone: 952227.1400 Sincerely, Fax: 952.227.1404 Planning & f' ��J Natural Resources Phone: 952.227.1130 Kathryn R. Aanenson Fax: 952.227.1110 Community Development Director Public Works 1591 Park Road KRA:ktm Phone: 952.227.1300 Fax: 952.227.1310 g:rplan\2004 planning cases\04-39 - wilder variance -222 west 78th stmetheimInmementdoc Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web She www.ci.chanhassen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding hails, and beautiful parks. A l eat place to live, work, and play. Z22 W -7 g � S� CITY COPY MINIMUM REQUIRED ATTIC VENTILATION 1300 OF HORIZONTAL PROJECTION: OF ROOF AREA. '/ TO BE IN SOFFIT. - y TO BE IN, .AULKIN, G far. PROVIDE 6„ EAR.Tirl SEEN SCIU��1 �1����IC11Y 5(nUI TJ/`x" 5' AOOVE G 0 APPROVE® REVIEWED FOR CODE COMPLIANCE SUBJEC�T/ATO ALL MSBC PROVISIONS BY r/ DATEZ PERMIT N D ` Oil CALL FOR INSP CTIONS �OOT ING 7r A&W FOUND. WALL REINFORCING I RE -BACKFILL INSPECTION il-RAIMING & SHEATHING S' 3 (& under -floor) 4_ SULATION _.LATH _. DRYWALL _. F�E.PLACE ,NAL PLUMBING, HVAC AND ELECTRICAL PERMITS AND INSPECTIONS REQUIRE[ BEFORE FRAMING INSPECTION R VED PLANS, SURVEY, MFG. ONENT SPEC'S AND PERMIT MUST BE ON JOB SITE AT L TIMES 10)'"ham 10 weather -resistive shall be applied over ct a'i exterior walls detached accessory I. 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CHANHASSEN INSPECTIONS 61112umuY `\J W D S;BLOCKINi REQL) AT POINT LC kill HANDRAIL -7- -134 -38" ABOVE TREAD NOSING I.j]. S TO 2-5/8" WIDE, CONTINUOUS otp,*. Space on open -riser D COR 1A it "ii must not exceed 4 i!C/iNTER LXAAIXR J H E DGE RECEIVED JUN 2 2 2004 l'i�.0; N9i! 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ES BE I I HANDRAIL 34 " ABOVE TREAD NOSING 1-114' WIDE, CONTINUOUS e Spanoen--riser n+ A!.MM must not exceed 4". �� ubG,• B 2 _ A smoke detector, audible in cri sleeping areas, is required on aN levels and in each sleeping area - Including existing sleeping areas Jt Basements 1 sleepin r with habitable s With a 9li'e 4 to of h . , t- e floor grid shall provr'rie of openable are-01/id n- ot width l b y and no height less than - 1 l ` 4�- L.Zh- � hr6 FIREBLOCK ALL SOFFITS Cl AND DROP CEILINGS °JxQ� UIIDr� F�V�E RECEIVED JUN 2 2 2004 4 �Mr1" -i DOS?ick; 6 and eve lne window above the 15.7 sq ft than 20 0HANHASSEN INSP[CfIONS WANNBD { �i w_ Ik13°scn ujCD Q- LU o O s LIJ J., 3 �l ill; l k 15 [{ FI I s 14 F t, t�Sp EIE] i� F t �� I+ a i i' INN � v 2 e Date: October 18, 2004 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planning Intern Subject: Request for an after -the -fact Variance for the intensification of a legal non -conforming structure by building a canopy with footings within the front yard setback on property zoned Residential Single Family (RSF) located at 222 West 78th Street. Applicant: Thomas Wilder. Planning Case: 04-39 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on October 15, 2004. The 60 -day review period ends December 14, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on November 16, 2004 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than November 3, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. city Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other - 14. Location Map Wilder Variance Request 222 West 78th Street City of Chanhassen Planning Case No. 04-39 W 77th IJ fms Q Chan Subject w Property W 78t S1 ON O; t4 O O M W ro N O O 0 Z \/ V 9.9 10.5 A 3.8—, ALLEY 8.0 N89'44'45"E 60.00 1' 0 r ix 7 21.3 20.8 3.6 >3.8 /' S89'44'45"W 60.00 COORD FILE: I:\Y2004-21334\T1221552\su\21552C01.crd CITY OF CHANHASSEN RECEIVED DEC 7 2004 CHANHASSEN PLANNING DEPT CERTIFICATE OF SURVEY 222 78TH ST. W., CHANHASSEN, MN BOLTON 8L ME"K, INC. Consulting Engineers & Surveyors 1515 EAST HIGHWAY 13, BURNSVILLE, MN 55337 (952) 890-0509 MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN WILLMAR, MN BURNSVILLE, MN CHASKA, MN AMES, IA JOB NUMBER: T12.21552 FIELD BOOK: 299, PG. 54 DRAWN BY: UF LOT 4, BLOCK 1, ST. HUBERTUS CARVER COUNTY, MINNESOTA FOR: THOMAS WILDER FILE NO. 3798 0 20 40 W SCALE IN FEET LEGEND ' • MONUMENT FOUND O 3/4" IRON PIPE MONUMENT SET(TO BE SET) \.; - MARKED BY REG. NO. 19840 aQ W DESCRIPTION: Lot 4, Block 1, ST. HUBERTUS, Carver County, Minnesota. ry I W SURVEYORS NOTES: ,�.. 1) This survey was performed, and the survey map prepared, without benefit of either a title insurance commitment or an attorneys title _-' opinion. The property boundary shown hereon is based on a property description provided by the client. This surveyor has not researched -. _ the title to the property surveyed, nor hos this surveyor researched II the titles and record descriptions of adjoining properties. 2) The lost date of field work was on 11-29-04. CERTIFICATION: On behalf of Bolton & Menk, Inc.: 1 hereby certify that this survey, plan or report was prepared by me _ or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. December 2, 2004 __ r J. Williams, J Minnes'A License Numb 1 40 CERTIFICATE OF SURVEY 222 78TH ST. W., CHANHASSEN, MN BOLTON 8L ME"K, INC. Consulting Engineers & Surveyors 1515 EAST HIGHWAY 13, BURNSVILLE, MN 55337 (952) 890-0509 MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN WILLMAR, MN BURNSVILLE, MN CHASKA, MN AMES, IA JOB NUMBER: T12.21552 FIELD BOOK: 299, PG. 54 DRAWN BY: UF LOT 4, BLOCK 1, ST. HUBERTUS CARVER COUNTY, MINNESOTA FOR: THOMAS WILDER FILE NO. 3798 CITY OF CHANHASSEN STAFF REPORT PC DATE: November 16, 2004 CC DATE: December 13, 2004 REVIEW DEADLINE: 12/14/04 CASE #: 04-39 BY: JM, MS PROPOSAL: Request for an after -the -fact Variance for the intensification of a legal non- conforming structure by building a canopy with footings within the right-of- way. LOCATION: 222 West 78'" Street Lot 4, Block 1, City Lots of Chanhassen APPLICANT: Tom Wilder 222 West 78'° Street Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: 0.19 acre DENSITY: NA SUMMARY OF REQUEST: Request for an after -the -fact Variance for the intensification of a legal non -conforming structure by building a canopy with footings within the right-of-way. Staff is recommending approval of the request with conditions. 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. I I3 Location Map Wilder Variance Request 222 West 78th Street City of Chanhassen Planning Case No. 04-39 w 77t _ C 6 O`FF N V � 7 _ C Q Chan Subject w Property W 78th St Wilder Variance Planning Case #04-39 November 16, 2004 Page 2 SUMMARY OF PROPOSAL The applicant is requesting an after -the -fact variance for a canopy/entryway with footings located within the right-of-way. The site is located north of West 78th Street, west of Erie Avenue and east of Frontier Trail. Access to the site is gained via West 78th Street. A registered land survey does not exist for this property. Staff used as -built surveys for West 78th Street to determine the location of the existing house. It appears that the house was built on the front property line, which leads us to believe the stoop and canopy are located in the right -0f --way. The zoning ordinance requires all structures to maintain a 30 -foot front yard setback. The zoning ordinance also allows entryways on homes built prior to 1987 to maintain a 20 -foot front yard setback. APPLICABLE REGUATIONS DIVISION 4. NONCONFORNUNG USES* Sec. 20-71. Purpose. The purpose of this division is: (1) To recognize the existence of uses, lots, and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension of any nonconforming use, building, or structure; (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. Wilder Variance Planning Case #04-39 November 16, 2004 Page 3 Sec. 20-72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. (b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. Sec. 20-615. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter and chapter 18: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. (2) The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul-de-sac "bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually illustrated below. (3) The minimum lot depth is one hundred twenty-five (125) feet. (6) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. c. For side yards, ten (10) feet. BACKGROUND 222 West 78th Street was created as part of the St. Hubertus subdivision on October 28, 1877. The subject property is a nonconforming lot of record and contains a house that was built in 1898. The platting of this lot and the construction of its home clearly predate the existing zoning ordinance. The City received a building permit for multiple improvements to the home on the subject property on June 22, 2004. On August 4, 2004 staff inspected the canopy footings and discovered footings were too close to the sidewalk. The applicant was notified that a variance would be required. The applicant proceeded with construction of the canopy anyways. A significant number of homes in this neighborhood do not meet required setbacks and several variances have been granted for various home improvements. Case # Address Variance Notes 01-1 220 West 78th Street 21.5' front yard Approved for addition & canopy 99-6 226 Chan View Road 18' & 10' front yard Approved for addition & garage 88-10 7725 Frontier Trail 3' side yard Approved for garage 86-5 202 West 77 Street 2' side yard Approved for garage 83-13 222 Chan View Road 7' side yard Approved for garage 80-5 203in Chan View Road 20' rear & 5' side yard Approved for garage Wilder Variance Planning Case #04-39 November 16, 2004 Page 4 Case # Address Variance Notes 79-13 201 Chan View Road 25' rear 7 5' side and Approved for garage ANALYSIS The subject property is a 0.19 -acre lot located at 222 West 78th Street. The lot contains a single- family home, has an area of 8,580 square feet, and is zoned Single Family Residential (RSF). Chanhassen City Code requires a minimum lot area of 15,000 square feet. This means that 222 West 78th Street is just over half the size of that required by city code. All structures in the zone are required to maintain a 30 -foot front yard setback. The home, which was built in 1898, may be built on the front property line. The lot is rectangular measuring 60' x 143'. The canopy in question was built to shelter an existing concrete stoop. This stoop is located 4 feet from the sidewalk. The footings of the canopy are located 3 feet from the side walk. The canopy is 12.5 feet in height at its peak, is approximately 40 square feet in area (5' x 8') and is entirely within the right-of-way. Staff realizes that there is no buildable area in the front yard because the lot was platted and the home was built long before current regulations were developed. While staff believes the canopy will create safer entry and exit for the home, especially during severe weather conditions, it increases the encroachment into the right-of-way. FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet this criteria. Finding: The literal enforcement of the ordinance does not create a hardship. The property was platted in 1887 long before the lot requirements in the Chanhassen City Code existed. While there have been a the number of variances approved for reduced setbacks on properties within 500 feet of 222 West 78th Street, none of them permit the encroachment into the right-of-way. The front door, which faces West 78th Street, has a concrete stoop which is entirely within the right-of-way. The applicant built the canopy to shelter the stoop from the elements which is a convenience, not a necessity. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Wilder Variance Planning Case #04-39 November 16, 2004 Page 5 Finding: The conditions upon which this variance is based are applicable to all properties in the RSF zoning district. C. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The canopy/entryway will increase the value of the property. However, staff does not believe that is the sole reason for the request. The applicant's intent is to provide shelter at the stoop from the elements. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The applicant poured the footings and constructed the canopy after being notified that variance would be required. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of 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. A majority of single-family lots within 500 feet of the subject property are less than 10,000 square feet in area and many contain structures which encroach on required setbacks. 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. Finding: The proposed variation will encroach into the right -0f --way. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies the variance for the construction of a canopy with footings without any setback and within the right-of-way based on the findings of fact in the staff report with the following conditions: 1. The applicant has not demonstrated a hardship to warrant a variance." Should the Planning Commission choose to approve the variance, staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves the variance for the construction of a canopy with footings without any setback and within the right-of-way based on the findings of fact in the staff report with the following conditions: Wilder Variance Planning Case #04-39 November 16, 2004 Page 6 1. Submit a lot survey signed by a registered land surveyor. The survey must show the following: a. Right-of-way, property, and easement lines in relation to the existing structures. b. Existing sidewalk location. 2. An encroachment agreement will be required if any of the existing structures are determined to be in the right-of-way." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Letter from Thomas & Jenny Wilder stamped "Received October 15, 2004". 4. Lot Drawing. 5. West 78th Street As -Built Survey. 6. Three (3) Architectural Plans. 7. August 4, 2004 Inspection Notes. 8. Memo from Matt Saam to Josh Metzer dated November 8, 2004. 9. Public Hearing Notice and Mailing List. GAPLAN\2004 Planning Cases\04-39 - Wilder Variance -222 West 78th Stteet\Wilder Staff ReportAm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Thomas & Jenny Wilder for a variance for the intensification of a legal non -conforming structure by building a canopy with footings within the right -0f --way. Planning Case No. 04-39 On November 16, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Thomas & Jenny Wilder for a variance for the intensification of a legal non -conforming structure by building a canopy with footings within the right-of-way located at 222 West 78'h Street. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 4, Block 1, City Lots of Chanhassen. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. The literal enforcement of the ordinance does not create a hardship. The property was platted in 1887 long before the lot requirements in the Chanhassen City Cock existed. While there have been a the number of variances approved for reduced setbacks on properties within 500 feet of 222 W. 78`11 St., none of them permit the encroachment into the right-of-way. The front door, which faces W. 78th Street, has a concrete stoop which is entirely within the right-of-way. The applicant built the canopy to shelter the stoop from the elements which is a convenience, not a necessity. b. The conditions upon which this variance is based are applicable to all properties in the RSF zoning district. c. The canopy/entryway will increase the value of the property. However, staff does not believe that is the sole reason for the request. The applicant's intent is to provide shelter at the stoop from the elements. d. The applicant poured the footings and constructed the canopy after being notified that variance would be required. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. A majority of single family lots within 500 feet of the subject property are less than 10,000 square feet in area and many contain structures which encroach on required setbacks. f. The proposed variation will encroach into the right-of-way. 5. The planning report #04-39 Variance dated November 16, 2004, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission denies the variance for the construction of a canopy with footings without any setback and within the right-of-way. r1i, ADOPTED by the Chanhassen Planning Commission on this 16"' day of November, CHANHASSEN PLANNING COMMISSION RU Planning Commission Chairperson aq-3q CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT:_ ///oM4-5 ADDRESS: 222 b✓, '7�'�• C/�,��✓, /%rt� S53�7 TELEPHONE (Day Time) CITY OF CHANHASSEN RECEIVED OCT 15 2004 CHANHASSEN PLANNING DEPT OWNER: / 79HaS ADDRESS: �� %`�� L' G��r✓� TELEPHONE: j 2% chi eLd - e Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign _ Site Plan Review* X Escrow for Filing Fees/Attorney Cost*' - $50 CUP/SPR/VAC/VAR/WAP/Metes & Bounds - $400 Minor SUB Subdivision* TOTAL FEE $ Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box Building material samples must be submitted with site plan reviews. *Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/z" X 11" reduced copy for each plan sheet. *Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME:,,,,, LOCATION: ;,J P LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that if development review cannot be completed within 60 days due to public hearing requirements and agency review, the city requires an automatic 60 -day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. ig ature of Applin nt Dq ;g:n6ure�ofFeeOvy er ' Dat Application Received on -1 l - -15-04 Fee Paid a 5O 1= Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. G:\planVorms\Developnent Review Application.DOC 03:I.W:3 Property owners: Thomas and Jenny Wilder October 14, 2004 Variance Application: 222 W 78'h Street Crry OF CHANHASSEN Chanhassen, MN RECEIVED OCT 15 2004 1) Completed application form: enclosed 2) Application fee: enclosed CHANHASSEN PLANNING DEPT 3) Review building permit # 4) Location map: enclosed 5) Please locate for me 6) Plot plan: enclosed 7) Requesting that my front porch footings be allowed 6 inches on center from existing concrete stoop 8) Variance justification a) This house was one of the original homesites of Chanhassen and originally erected in 1898. Over the last 100 plus years, various improvements were made including the pouring of a front concrete stoop. The entire house encroaches on a setback because of the continued improvements of West 780' Street. It should be noted that my permit was approved with drawing of roof over the existing stoop, complete with frost footings. It was only after a footing inspection that the encroachment question arose. c) The front roof will provide for a safer entry to existing structure. CLQ The granting of this variance will improve the aesthetic look to an original historic property on block #1 of Chanhassen. It is not detrimental to surrounding properties. In fact, the opposite is true. Since the property has been a "rental" for much of it's history. All neighbors that have stopped by have commented on how happy they are to see a dramatically improved property. What was an eyesore has been restored to an original "cottage look". f) The proposed variation will not not impair light, air or sight lines for any neighbors or endanger the public in anyway. It will enhance neighbors property values - not detract. Thank you, 1n/;/J6-<, Tom and Jenny Wilder SCANNED LOT LAYOV-V -fpR-Z�2 RECEIVED AUG 12 2004 CHANHASSEN INSPECTIONS ■ = FDv-kNQS mN E 5c/,t,e 1.; 10, N Fwm6s WEsT IVJ SrfkEr SCANNED s� V 00 I I it I. . A/C 73AVY'). it X �,IIII� cn I A/C 73AVYO 491 Z22 w 7$ S/ APPROVED PLUMBING, HVAC AND ELECTRICAL PERMITS D INSPECTIONS REQUIR AN BEFORE FRAMING INSPECTION REVIEWED FOR CODE COMPLIANCE CITY SUBIECT TO ALL MSBC PROVISIONS BY COPY DATE v PERMIT N 0 • 1404V CALL FOR INS P CTIONS fp►f�r/ FOOTING I /'V 4Y T _FOUND. WALL REINFORCING _PRE -BACKFILL INSPECTION Y;RAIVING 8 SHEATHING _ (8 under -Floor) ,AB SOLATION — LATH _DRYWALL _FjbIEpLACE ANAL :AULKING AI D I• ,, J ALL EXTER I 5' NG HOU APP weather -resistive uMe EQUIRED mater I shall be applied over VE GRADI sheat i B g Of all exterior walls (except : detached accessory PROVIDE 6" NY buildi ). MSBC 1309.0703 EARTH SEP -WH E091on -0 �Ak JC,, / RECEIVED JUN 22 2004 CHANHASSEN INSPECTIONS __U.1/209 __ PECH: -I% ORTINOISf RP PLUMBING, HVAC AND ELECTRICAL PERMITS D INSPECTIONS REQUIR AN BEFORE FRAMING INSPECTION MINIMUM REQUIRED ATTIC VENTILATION PPROVED PLANS, SURVEY, MFG. MPONENT SPECS AND PERMIT D MUST BE ON JOB SITE AT L TIMES DOJO HORIZONTAL PROJECTION Of AREA.TO BE '/: IN IN SOFFIT. - TO BE IN :AULKING AI D I• ,, J ALL EXTER I 5' NG HOU APP weather -resistive uMe EQUIRED mater I shall be applied over VE GRADI sheat i B g Of all exterior walls (except : detached accessory PROVIDE 6" NY buildi ). MSBC 1309.0703 EARTH SEP -WH E091on -0 �Ak JC,, / RECEIVED JUN 22 2004 CHANHASSEN INSPECTIONS __U.1/209 __ PECH: -I% ORTINOISf RP F GttIBE I i CRA Il d1 ' - - - -, - :/- --- 'e �a�neecn sleeo:g area '�v ebri�y aaaare UV/ '�ht/C� `_/ Sd[(D HOUSE CAMREVER MV'._ BL - SUPPORT EWK O0. EEDG{R MUST BE lA HOUSE FRAME.%" LAGS I I O1 TO Ir" O.G N O - 1 I(/ (' K a � W "✓" / ^' � / / E ` � � . DRYER VENT G`NN E7cc.teu �� 4/ -, DIA11*9 Rao'l s 14 FEET WITH 2 BOSS - . Flawe' E DOORS t /'---- --- - }� HANDRAIL ...34-8"ABOVE TREAD NOSING 3 . � T - aama+Y -T•'U4TO2-5/8"WIDE, CONTINUOUS o •H,5 _ - `FO-�5 vnsgi I ,eQ i r te: Space on open -riser 4oistwe-resistant rnit owers.Water�41a dAVaK o IEWBys must not exceed 4"., NOTbe used oj� R nquoe ham' I. p4ERER ARanae FID+Fk C iffv a' H�m� J Nl t RECEIVED s Smoke alarms are raquired JUN 2 2 2004 on all levels and in all sleeping rooms, new and existing smoke:larms shall ba interconnected Z6 a� • CHANHASSEN INSPECTIONS - and hl wired, with battery backup. O0- , FIREBLOCK ALL S Fe AND DROP=GEIL - KtTCNIh/ t - 'V EM KFAST enrokenetenor,eWlaq I i CRA Il d1 - - - -, - :/- --- 'e �a�neecn sleeo:g area '�v ebri�y aaaare UV/ '�ht/C� `_/ Sd[(D BL Q'D AT POINT- S P Y ✓ N DIA11*9 Rao'l s t /'---- --- - }� HANDRAIL ...34-8"ABOVE TREAD NOSING 3 . � T aama+Y -T•'U4TO2-5/8"WIDE, CONTINUOUS .,sFTtiwwc te: Space on open -riser R N IEWBys must not exceed 4"., R nquoe ham' I. p4ERER ARanae FID+Fk a' H�m� J Nl t RECEIVED s Smoke alarms are raquired JUN 2 2 2004 on all levels and in all sleeping rooms, new and existing smoke:larms shall ba interconnected Z6 a� • CHANHASSEN INSPECTIONS - and hl wired, with battery backup. , -L"T I IM, I.H,Il �I�DC� NDDSE -- 6111200Y _ _ KUHN WX10 _ 3o R N0 w.9aw. r�fbw BEAMS MUST BE NAILED TOGETHER, SET ON TOP OF POSTS AND ,n"•Bo- SPLICED OVER POSTS. �15*AN. 6.6� Po7�'S GH6uc Feuti➢A�.BN; jkD➢ faof nbS f uewSsAey avj 1 r4,e.Q /",// X, Sfi ta,�e RECEIVED JUN 2 2 2004 CHANHASSEN INSPECTIONS ADDRESS: 222 WEST 78TH STREET DATE: 8/4/2004 TIME: 02:20 PM INSPECTION TYPE: Footing NOTES: 1) 2 foot 8" diameter x 42" deep 2) per Bob G. is too close to sidewalk vairance require pour at your risk STATUS: INSPECTOR: INSPECTION NOTES: PERMIT NO. 2004-01248 INSPECTOR: Doug Hoese 9 L INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 217180 INSPECTION FOR/f DAA U / TTI TIME & DATE INS ECTION DESIRED �-�• /X, /D -OO/ Pw CONTRACTOR /�/�� a /. 7 �I WATER METER NO. REMOTE LOCATION Make corrections as listed above and schedule a re -inspection. You may not cover, conceal or proceed with construction in any areas that require correction until auth ' ed V the building official. 'VM•d 2 1 or CITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227 1180 Fax: 952221.1190 Engineering Phone: 952.227.1160 Fax: 952 227,1170 Finance Phone: 952227.1140 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 MEMORANDUM TO: Josh Metzer, Planning Intern FROM: Matt Saam, Assistant City Engine DATE: November 8, 2004 SUBJ: Variance Review for 222 W. 78`" St. —Thomas Wilder Upon review of the variance application submitted by Thomas Wilder, I offer the following comments and recommendations: Submit a lot survey signed by an RIS (registered land surveyor). The survey must show the following: a. Right-of-way, property, and easement lines in relation to the existing structure. b. Existing sidewalk location. 2. An encroachment agreement will be required if any of the existing structures are determined to be in the right-of-way. Planning 8 c: Paul Oehme, City Engineer/Public Works Director Natural Resources Dan Renter, Eng. Tech III Phone: 952.227.1130 Fax: 952.227.1110 gAeng\matt\mennw\staff reports\variances\wilder varianccAcc Public works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax 952.227.1110 Web She www.ci.chanhasw.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geat place to live, work, and play. 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 November 5, 2004, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Wilder Variance at 222 West 78th Street – CORRECTION – Planning Case No. 04-39 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 2—* day of , 2004. Notary Pu lic ago, rardt, 1114uty Clerk AAAAAAAAAAAAAAAAAAA °' KIM r MEUMSEN > j4 �" Notary Public - Minnesota 4 CknVER COUNTY vvhyvvv iyyyyWy 1!37/2005 Notice of Public Hearing — CORRECTION Chanhassen Planning Commission Meeting Date & Time: TUESDAY Mianday, November 16, 2004 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an after -the -fact Variance for the intensification of a legal non -conforming structure by building a canopy with Proposal: footings within the front yard setback on property zoned Residential Single Family RSF Planning File: 04-39 Applicant: Thomas Wilder Property 222 West 78th Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about Questions & this project, please contact Josh Metzer at 952-227-1132 or e - Comments: mail imetzer®ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the 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 commerciaPmdustrial. • 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 spokespemontrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not, Minutes are taken and any correspondence regarding the application will be included In the report to the City Council. If you wish to have something to be included In the report, please contact the Planning Stall person named on the notification. Notice of Public Hearing — CORRECTION Chanhassen Planning Commission Meeting Date & Time: TUESDAY Melpiday, November 16, 2004 at 7:00 p.m. Location: City Hall Council Chambers 7700 Market Blvd. Request for an after -the -fact Variance for the intensification of a legal non -conforming structure by building a canopy with Proposal: footings within the front yard setback on property zoned Residential Single Family RSF Planning File: 04-39 Applicant: Thomas Wilder Property 222 West 78th Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about Questions & this project, please contact Josh Metzer at 952-227-1132 or e - Comments: mail If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland 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 parry Is Invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These repons 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 commerclaVindustdal. • 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 Planning Stall person named on the notification. tis map is neither a legally reconled map nor a survey and is not intended to be used as ane. tis Map is a compilation of rerords, information and data located in various city, cony, state and deral offices and other swices regarding the area shown, and is to be used for relevance iryoses only. The Cry does not warrent Nat the Geographic Information System (GIS) Data used prepare this map am error free, and Me City does not represent that the GIS Data can be used .r navigational, traclung or any other purpose requiring exacting measurement of dlslance or rection or precision in Me depiction of geographic features, ff arms; or dscrepandes are found ease contact 952-227-1107. The preceding discisirrer is provided pursuant to Minnesota tatutes §666.03, Soon. 21 (2000), and me user of this map acknowledges that the City shall not a liable for any damages, and expressly waives a0 dam, and agrees to defend, indanniy, and Did haariew the City Iran any and all dain a brought by User, its employees or agents, a Mid sites which arise out of the users access or use of data provided. his map is neither a legally receded nap our a survey arM is not intended to be used as one. his map is a cornpilation of records, information and data located in various city, county, slate and adoral offices and other swnces regardding the area shown, and ht to be used far reference "poses qtly. The City does not wanant that Me Geogmphic 6domation System (GIS) Data used o prepare this map are error free, and Me City does not represent that Me GIS Data can be usetl or navigational, trading or any Mar purpose recoiling exacting meawrement of distance or Rrection or precision in the decoction of geographic features. H errors a dscrepandes are found lease contact 952-227.1107. The preceding disclainer is provided pursuant to Minnesota Minutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that Me City shall not e liable for any damages, and expressly waives all damns, and agrees to defend, irdermily, and cold hamiess the City from any and all daims brought by User, its ernployees or agents, or third remes which arse out OF the users =ass or use, of data pranded. WAYNE RUDOLPH ANDERSON & BERNARD & HELEN KERBER JOAN SOPHIA WILLMAN-ANDERSON N W & PAULA J ATKINS HN JOHN 204 CHAN VIEW 78TH ST W CHANHASSEN MN 55317 CHANHASSEN MN 55317 VERDELL BORTH DEAN C & JANET M BURDICK 202 78TH ST W 206 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 JEFFREY W & MARY L BORNS 7199 FRONTIER TRL CHANHASSEN MN 55317 DANIEL J & JEANNE M BURKE 225 77TH ST W CHANHASSEN MN 55317 VIOLA BUSCHKOWSKY CARVER COUNTY HRA CHAPEL HILL ACADEMY 206 78TH ST W 705 WALNUT ST N 306 78TH ST W CHANHASSEN MN 55317 CHASKA MN 55318 CHANHASSEN MN 55317 CHURCH OF ST HUBERT PAUL G EIDEM & G L B PROPERTIES LLC 8201 MAIN ST ANDREA F GRIFFITH 1831 KOEHNEN CIR CHANHASSEN MN 55317 7727 FRONTIER TRL EXCELSIOR MN 55331 CHANHASSEN MN 55317 RYAN M GAGSTETTER RICHARD & KATHY GAVERT ANNA IVERSON 224 78TH ST W 7701 FRONTIER TRL BOX 1 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 MARY E JANSEN ETAL BERNARD & HELEN KERBER TROY P KIMPTON 7720 ERIE AVE 221 77TH ST W 205 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JOHN E & KAREN M KRAEMER KEITH R & LISA KUPCHO MARC J LARSEN & 7703 ERIE AVE 7723 FRONTIER TRL LAJEAN E BYLER CHANHASSEN MN 55317 CHANHASSEN MN 55317 7706 ERIE AVE CHANHASSEN MN 55317 PETER J & KATHERINE A MANDY PAUL MARAVIGLI STEVEN R NELSON 6210 NEAR MOUNTAIN BLVD 226 CHAN VIEW 11923 BLUEGILL DR CHANHASSEN MN 55317 CHANHASSEN MN 55317 SAUK CENTRE MN 56378 BRIAN P & COLLEEN S NUSTAD RICHARD A & ELIZABETH M NUSTAD GREGORY J & KAREN J ODASH PO BOX 8 7721 ERIE AVE 221 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 THOMAS A & LYNN M PAULY NICHOLAS & PATRICIA PEKAREK TODD W PERTTU 7721 FRONTIER TRL 202 CHAN VIEW 203 1/2 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 BARBARA PIKE RONALD & ELAINE ROESER JESSE SCHNEIDER 201 CHAN VIEW 222 CHAN VIEW 224 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 P O BOX 143 CHANHASSEN MN 55317 JESSE J SCHNEIDER PO BOX 143 CHANHASSEN MN 55317 TONJA ST MARTIN 207 CHAN VIEW CHANHASSEN MN 55317 THOMAS J & JENNIFER WILDER 21740 LILAC LN EXCELSIOR MN 55331 LARRY A & KATHLEEN A SCHROEDER 7720 FRONTIER TRL CHANHASSEN MN 55317 KERMIT M & AUDRE A STAKE 205 77TH ST W CHANHASSEN MN 55317 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 BLANCHE M SCHUTROP 302 CHAN VIEW CHANHASSEN MN 55317 CHRISTINE A TAILLON TRUSTEE OF TRUST 203 CHAN VIEW CHANHASSEN MN 55317 (5q -35 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: 1 oM z} 7 T ADDRESS: 222 f✓, '"7�' . Ik TELEPHONE (Day Time) 6 T76 CITY OF CHANHASSEN RECEIVED OCT 15 2004 CHANHASSEN PLANNING DEPT OWNER/ ADDRESS: a� 7 �o L-, /, 1 -47,1f - TELEPHONE://; -47,/f - TELEPHONE: /1 ;/.�c� Comprehensive Plan Amendment Temporary Sales Permit / Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development' Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $400 Minor SUB Subdivision' TOTAL FEE $ Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box E✓ Building material samples must be submitted with site plan reviews. 'Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. "Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME:.m?eincNv LOCATION: 27 -) ".-7e7'`- LEGAL DESCRIPTION: TOTALACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: YES NO REOUESTED LAND USE DESIGNATION: REASON FOR REQUEST: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city he, notifies the applicant that if development review cannot be completed within 60 days due to public hearing requirements and agency review, the city requires an automatic 60 -day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. ig�f Appl' nt Dai ;g2nat Date Application Received on I O- 1 5 -o'� Fee Paid a 5O oo Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. GAplanVorms\Development Review Application.DOC Q.; - ,: 51 Property owners: Thomas and Jenny Wilder Variance Application: 222 W 78a' Street Chanhassen, MN 1) 2) 3) 4) 5) 6) 7) LE Completed application form: enclosed Application fee: enclosed Review building permit # Location map: enclosed Please locate for me October 14, 2004 CITY OF CHANHASSEN RECEIVED OCT 15 2004 CHANHASSEN PLANNING DEPT Plot plan: enclosed Requesting that my front porch footings be allowed 6 inches on center from existing concrete stoop Variance justification a) This house was one of the original homesites of Chanhassen and originally erected in 1898. Over the last 100 plus years, various improvements were made including the pouring of a front concrete stoop. The entire house encroaches on a setback because of the continued improvements of West 78`b Street. It should be noted that my permit was approved with drawing of roof over the existing stoop, complete with frost footings. It was only after a footing inspection that the encroachment question arose. c) The front roof will provide for a safer entry to existing structure. 4CA The granting of this variance will improve the aesthetic look to an original historic property on block #1 of Chanhassen. It is not detrimental to surrounding properties. In fact, the opposite is true. Since the property has been a "rental" for much of it's history. All neighbors that have stopped by have commented on how happy they are to see a dramatically improved property. What was an eyesore has been restored to an original "cottage look". f) The proposed variation will not not impair light, air or sight lines for any neighbors or endanger the public in anyway. It will enhance neighbors property values - not detract. Thank you, Tom and Jenny Wilder SCANNED 0 CITY OF CHAUSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Adminlsimtion Phone: 952.227.1100 Fax: 952.227. 1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952227.1100 Fax: 952.227.1170 Finance Phone: 952.227 1140 Fax: 952.227.1110 Park 8 Recreation Phone: 952,227 1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & 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 MEMORANDUM TO: Josh Metzer, Planning Intern FROM: Matt Saam, Assistant City Engineer DATE: November 8, 2004 SUBJ: Variance Review for 222 W. 78`h St. — Thomas Wilder Upon review of the variance application submitted by Thomas Wilder, I offer the following comments and recommendations: Submit a lot survey signed by an RIS (registered land surveyor). The survey must show the following: a. Right-of-way, property, and easement lines in relation to the existing structure. b. Existing sidewalk location. 2. An encroachment agreement will be required if any of the existing structures are determined to be in the right-of-way. c: Paul Oehme, City Engineer/Public Works Director Dan Remer, Eng. Tech III g:\eng\matt\memos\sm(C reports\variances\wilder variance.doc 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. ADDRESS: 222 WEST 78TH STREET DATE: 8/4/2004 TIME: 02:20 PM INSPECTION TYPE: Footing NOTES: 1) 2 foot 8" diameter x 42" deep 2) per Bob G. is too close to sidewalk vairance require pour at your risk. STATUS: INSPECTION NOTES: INSPECTOR: PERMIT NO. 2004-01248 INSPECTOR: Doug Hoese y% l� INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA ' 180 INSPECTION FOR — DATE TI I TIME 8 DATE INSECTION DESIRED_,D O i 11• WATER METER NO. REMOTE LOCATION Make corrections as listed above and schedule a re -inspection. You may not cover, conceal or proceed with construction in any areas that require correction until autho ' ed the building official. vpate ' ILJn I or Location Map Wilder Variance Request 222 West 78th Street City of Chanhassen Planning Case No. 04-39 - --- i ■111 N 4 CROP o, 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 November 5, 2004, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Wilder Variance at 222 West 78th Street — CORRECTION — Planning Case No. 04-39 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 swom to before me this day of , 2004. Notary Pu lic I►k 00� b1111�uty Clerk AAAAAAAAAAAAAAAA KIM f MEMMEN Notary Nuotic - Minnesota (AtNEA COUNTY My Commission E)Oms IfilM Notice of Public Hearing — CORRECTION Chanhassen Planning Commission Meeting Date & Time: TUESDAY Moinday, November 16, 2004 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an after -the -fact Variance for the intensification of a legal non -conforming structure by building a canopy with Proposal: footings within the front yard setback on property zoned Residential Single Family RSF Planning File: 04-39 Applicant: Thomas Wilder Property 222 West 78th Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about Questions & this project, please contact Josh Metzer at 952-227-1132 or e - Comments: mail imetzeri0ci.chanhassen.mmus. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the 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 commercialAndustrial. • 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 Planning Staff person named on the notification. Notice of Public Hearing — CORRECTION Chanhassen Planning Commission Meeting Date & Time: TUESDAY MepAay, November 16, 2004 at 7:00 p.m. Location: City Hall Council Chambers 7700 Market Blvd. Request for an after -the -fact Variance for the intensification of a legal non -conforming structure by building a canopy with Proposal: footings within the front yard setback on property zoned Residential Single Family RSF Planning File: 04-39 Applicant: Thomas Wilder Property 222 West 78th Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about Questions & this project, please contact Josh Metzer at 952-227-1132 or e - Comments: mail imetzer@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland 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 recommentlation. 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 commercialAndustrlal. • 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 Plannina Staff person named on the notification. Subject Property ,. X This map is neither a legally recorded nap nor a survey antl is not intended to be used as ons. This map is a compilation of records, information and dam located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The Oty does not aanant that Me Geographic Information System (GIS) Data used to prepare this map are error tree, and Me City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. I errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Stamas §466.03, SUM. 21 (2000), and Me user of Mrs map acknoWedges that the City shall not be liable for any damages, and expressly waives all claim, and agrees to defend, indemnity, and hold hamiess the Gty from any aruf all clams brought by User, tts employees or agents, or third parties which ansa out of Me user's access or use of data provided. Subject Property ���,V Thus map is neither a legally recorded map trot a survey and is net intended to be tread as one. This rrep is a corrpilatian of records, inforrration arta data located in various city, canny, state and federal offices and other sources regarding Me area shown, and is to be used for reference purposes only. The Gty does not warrant that Me Geographic information System (GIS) Data used to prepare this map are error free, and Me City does not represent Mat One GIS Data can be used for navigational. tracking or any other purpose requiring exacting measurement of distance or direction or precusion in Me depiction of geographic features. If errors or discrepancies are found glossae contact 952227-1107. The preceding disclaimer is provided Pursuant to Minnesota Stautea §466.03, SUM. 21 (2000), and the user of this map acknoWedges that Me City shall not be liable for any carriages. and expressly waives all clans, and agrees to defend. indemnity, and hold harmless the City from any aM all claim brought by User, its erployees or agents, or Mail parties which ansa out of the users access or use of dam provided. WAYNE RUDOLPH ANDERSON & JOHN W & PAULA J ATKINS JEFFREY W & MARY L BORNS JOAN SOPHIA WILLMAN-ANDERSON 220 78TH ST W 7199 FRONTIER TRL 204 CHAS VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 VERDELL BORTH DEAN C & JANET M BURDICK DANIEL J & JEANNE M BURKE 202 78TH ST W 206 CHAN VIEW 225 77TH ST W CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 VIOLA BUSCHKOWSKY CARVER COUNTY HRA CHAPEL HILL ACADEMY 206 78TH ST W 705 WALNUT ST N 306 78TH ST W CHANHASSEN MN 55317 CHASKA MN 55318 CHANHASSEN MN 55317 CHURCH OF ST HUBERT PAUL G EIDEM & G L B PROPERTIES LLC 8201 MAIN ST ANDREA F GRIFFITH 1831 KOEHNEN CIR CHANHASSEN MN 55317 7727 FRONTIER TRL EXCELSIOR MN 55331 CHANHASSEN MN 55317 RYAN M GAGSTETTER RICHARD & KATHY GAVERT ANNA IVERSON 224 78TH ST W 7701 FRONTIER TRL BOX 1 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 MARY E JANSEN ETAL BERNARD & HELEN KERBER TROY P KIMPTON 7720 ERIE AVE 221 77TH ST W 205 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JOHN E & KAREN M KRAEMER KEITH R & LISA KUPCHO MARC J BY EN & 7703 ERIE AVE 7723 FRONTIER TRL 7706 E EE BRIE AVE ER CHANHASSEN MN CHANHASSEN E 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 PETER J & KATHERINE A MANDY PAUL MARAVIGLI STEVEN R NELSON 6210 NEAR MOUNTAIN BLVD 226 CHAN VIEW 11923 BLUEG ILL DR CHANHASSEN MN 55317 CHANHASSEN MN 55317 SAUK CENTRE MN 56378 BRIAN P & COLLEEN S NUSTAD RICHARD A & ELIZABETH M NUSTAD GREGORY J & KAREN J ODASH PO BOX 8 7721 ERIE AVE 221 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 THOMAS A & LYNN M PAULY NICHOLAS & PATRICIA PEKAREK TODD W PERTTU 7721 FRONTIER TRL 202 CHAN VIEW 203 1/2 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 BARBARA PIKERONALD &ELAINE ROESER JESSE SCHNEIDER 201 CHAN VIEW 222 CHAN VIEW 224 OX 1 VIEW B CHANHASSEN MN 55317 CHANHASSEN MN 55317 P O BOX 143 CHANHASSEN MN 55317 JESSE J SCHNEIDER PO BOX 143 CHANHASSEN MN 55317 TONJA ST MARTIN 207 CHAN VIEW CHANHASSEN MN 55317 THOMAS J & JENNIFER WILDER 21740 LILAC LN EXCELSIOR MN 55331 LARRY A & KATHLEEN A SCHROEDER 7720 FRONTIER TRL CHANHASSEN MN 55317 KERMIT M & AUDRE A STAKE 205 77TH ST W CHANHASSEN MN 55317 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 BLANCHE M SCHUTROP 302 CHAN VIEW CHANHASSEN MN 55317 CHRISTINE A TAILLON TRUSTEE OF TRUST 203 CHAN VIEW CHANHASSEN MN 55317 Public Hearing Notification Area (500 feet) Wilder Variance Request 222 West 78th Street City of Chanhassen Planning Case No. 04-39 W 77t I I I I? a Chan Subject Property W 78th St S�pP LLV;;!��� 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 November 4, 2004, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Wilder Variance at 222 West 78th Street — Planning Case No. 04-39 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'& dayof`�m ,2004. AAAAAJ%AhAAAAAAAA I _ KIOt T MEU13110- SEN <— NotaryPuoiic Minnesota ~ CARVER COUNTY My Conmison Expires 1131/2005 005 wvwvwvVVYVVVNotary Public ` WAYNE RUDOLPH ANDERSON & JOHN W & PAULA J ATKINS JOAN SOPHIA WILLMAN-ANDERSON 220 N N 78TH ST W 204 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 VERDELL BORTH DEAN C & JANET M BURDICK 202 78TH ST W 206 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 JEFFREY W & MARY L BORNS 7199 FRONTIER TRL CHANHASSEN MN 55317 DANIEL J & JEANNE M BURKE 225 77TH ST W CHANHASSEN MN 55317 VIOLA BUSCHKOWSKY CARVER COUNTY HRA CHAPEL HILL ACADEMY 206 78TH ST W 705 WALNUT ST N 306 78TH ST W CHANHASSEN MN 55317 CHASKA MN 55318 CHANHASSEN MN 55317 CHURCH OF ST HUBERT PAUL G EIDEM & G L B PROPERTIES LLC 8201 MAIN ST ANDREA F GRIFFITH 1831 KOEHNEN CIR CHANHASSEN MN 55317 7727 FRONTIER TRL EXCELSIOR MN 55331 CHANHASSEN MN 55317 RYAN M GAGSTETTER RICHARD & KATHY GAVERT ANNA IVERSON 224 78TH ST W 7701 FRONTIER TRL BOX 1 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 MARY E JANSEN ETAL BERNARD & HELEN KERBER TROY P KIMPTON 7720 ERIE AVE 221 77TH ST W 205 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JOHN E & KAREN M KRAEMER KEITH R & LISA KUPCHO MARC J LAJEAE BY EN & 7703 ERIE AVE 7723 FRONTIER TRL 7706 E ERIE AVEAV ER CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN E CHANHASSEN MN 55317 PETER J & KATHERINE A MANDY PAUL MARAVIGLI STEVEN R NELSON 6210 NEAR MOUNTAIN BLVD 226 CHAN VIEW 11923 BLUEGILL DR CHANHASSEN MN 55317 CHANHASSEN MN 55317 SAUK CENTRE MN 56378 BRIAN P & COLLEEN S NUSTAD RICHARD A & ELIZABETH M NUSTAD GREGORY J & KAREN J ODASH PO BOX 8 7721 ERIE AVE 221 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 THOMAS A & LYNN M PAULY NICHOLAS & PATRICIA PEKAREK TODD W PERTTU 7721 FRONTIER TRL 202 CHAN VIEW 203 1/2 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 BARBARA PIKE RONALD & ELAINE ROESER JESSE SCHNEIDER 201 CHAN VIEW222 CHAN VIEW 224 CHAN VIEW CHANHASSEN MN 55317 CHANHASSEN MN 55317 P O BOX 143 CHANHASSEN MN 55317 JESSE J SCHNEIDER PO BOX 143 CHANHASSEN MN 55317 TONJA ST MARTIN 207 CHAN VIEW CHANHASSEN MN 55317 THOMAS J & JENNIFER WILDER 21740 LILAC LN EXCELSIOR MN 55331 LARRY A & KATHLEEN A SCHROEDER 7720 FRONTIER TRL CHANHASSEN MN 55317 KERMIT M & AUDRE A STAKE 205 77TH ST W CHANHASSEN MN 55317 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 BLANCHE M SCHUTROP 302 CHAN VIEW CHANHASSEN MN 55317 CHRISTINE A TAILLON TRUSTEE OF TRUST 203 CHAN VIEW CHANHASSEN MN 55317 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Monday, November 16, 2004 at 7:00 .m. Location: Cit Hall Council Chambers, 7700 Market Blvd. ntensification of Request for an after -the -fact Variance for the intensification-6f— Proposal: Proposal: a legal non -conforming structure by building a canopy with footings within the front yard setback on property zoned Residential Single FamilyRSF Plannin File: 04-39 Applicant: Thomas Wilder Property 222 West 78th Street Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about Questions & this project, please contact Josh Metzer at 952-227-1132 or e - Comments: mail imetzer@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the 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 oversew 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/industral. • 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 Planning Staff person named on the notification. lgrp/GR 2!G!a C R a w,® s R!!!h«R© mewQrw Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Monday, November 16, 2004 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an after -the -fact Variance for the intensification of Proposal: a legal non -conforming structure by building a canopy with footings within the front yard setback on property zoned Residential Single Family RSF Planning File: 04-39 Applicant: Thomas Wilder Property 222 West 78th Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about Questions & this project, please contact Josh Metzer at 952-227-1132 or e - Comments: mail imetzer@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council, The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaVndustrial. • 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 Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Monday November 16 2004 at 7:00 p.m. Location: I City Hall Council Chambers, 7700 Market Blvd. This map is neither a legally mcortleal map nor a survey and is not intended to be used as one. T1Ns map is a conpllatiou Of MOOrd4, Intonnat on and daW Iocurted In mnous city, county, areas and federal offices and other sources regarding the area shoves, and is to be used for reference Purposes only. The City does rpt warrant that the Geographic Infoma0on System (GIS) Data used to prepare Nis map are error free, and! the CM Boas not represent Nat the GIS data can be used for nwiptions, tracking or any other purpose requiring exadeng rreasurerrent of distance or direction or precision in the depiction of geographic features. M errors or discrepancies are found Please contact 952-227-1107. The Preceding drsdamer is Provided pursuant to Minnesota Statutes §466.03, Subd. 21 (200(l), and the user of this rrep adknoMedges that the City shall not be liable for any damages, and evressly waives all chins, and agrees to defend indenmily, and hold harmless the City from any and all china brought by User, its enployeas or agents, or third paNes which arae out of the users access or use of dam pnwided. Subject I V�p Property _ UUAT. ,r This nap is neither a legally recorded mop nor a survey and is not intended to be used as one. This map is a conpilation of recons, intortretion and dam located in various city, county, state and federal offices and other sources regarding the area show, and is to be used for reference W rPoses Moly. The City does rpt warrant Nat the Geographic Intonration System (GIS) Gam used tO Prepare Nis nap are error free. and! the City does not represent that the GIS Dam can be used fix- navigational, tracking or any other WNos i requiting enacting meawrerrrent of distance or direction m predaon in the, dea son of geographic features. If errors or 6screpancin are found pease contact 952-227-1107. The preceding disdamer is Provided Pursuant to Minnesota SlaNtes §466.03. Subd. 21 (2ogg), and Ne user of this map acknowledges Nat the City shall not be liable fm any dema9as. and eoore651y warms all damn, and agrees to defend. irgenaity, and hold handers the City hoes any and all dams brought by User. its employees or agents, or Mid perces which wise out Of the users access or use of data provided. CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN Payee: THOMAS WILDER Date: 10/19/2004 Receipt Number: DW / Clerk: DANIELLE VARIANCE 04-39 ITEM REFERENCE ---------------------- DEVAP VARIANCE 04-39 USE & VARIANCE PLAT RECORDING Total: Check 1982 Check 1983 MN 55317 Time: 10:12am 5535 AMOUNT ---------------- 200.00 50.00 --------------- 250.00 200.00 50.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! scAWKEo Date: October 18, 2004 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 111011, To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planning Intern Subject: Request for an after -the -Fact Variance for the intensification of a legal non-conforining structure by building a canopy with footings within the front yard setback on property zoned Residential Single Family (RSF) located at 222 West 78th Street. Applicant: Thomas Wilder. Planning Case: 04-39 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on October 15, 2004. The 60 -day review period ends December 14, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on November 16, 2004 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than November 3, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other - 14. Location Map Wilder Variance Request 222 West 78th Street City of Chanhassen Planning Case No. 04-39 W 77th St 0 U � � � � Q O, Subject Chan View W Property W 78th St PG�F�G P L 8. A�KEE, S� P Pv GHtCAGO Mtn n INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 937/-11900 INSPECTION FOR TIME TIME & DATE INSPECTION DESIRED / d 4 '5;t, I ' �� A ADDRESS'/--� + ), 1A1 S i �C6 51 - PERMIT NO. CONTRACTOR WATER METER NO REMOTE LOCATION CORRECTIONS TAKEN BY' d If no corrections are listed above, approval is hereby given t6 proceed. You will be in violation of the ordinance if you do not call for the proper inspections and make correction as called for. I� U � J- ,-) ✓ �� (� / Date Time Inspector Date: October 18, 2004 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planning Intern Subject: Request for an after -the -Fact Variance for the intensification of a legal non -conforming structure by building a canopy with footings within the front yard setback on property zoned Residential Single Family (RSF) located at 222 West 78th Street. Applicant: Thomas Wilder. Planning Case: 0439 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Departrnent on October 15, 2004. The 60day review period ends December 14, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on November 16, 2004 at 7:00 p.rrL in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than November 3, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other - 14. IK3 LOT L-MOUT FOZ_Z�2 Wet)—-.- RECEIVED AUG 12 2004 N CHANHASSEN INSPECTIONS T ■ =Fool-�H�s hGn�E lo' 38''-(-bn.t S;dCWa r� W,54,,t i7" 4;-1 GotG,K, ,v, f(+ '40 S d cuu i( PRoPo�,�D It K i IS b i I ! APPROVED 15 L —'v WE5T 415* hn2cET 0 DEPT.: OP, DATE: aYo��oz I SCANNED CITY OF CHANHASSEN 7700 MARKET BLVD - PO BOX 147 CHANHASSEN, MN 55317 (952) 227-1180 FAX: (952) 227-1190 PRINTED WITHOUT ISSUING 6/28/2004 ADDRESS : 222 WEST 78TH STREET PIN : 250500080 LEGAL DESC : CITY LOTS TOTAL : LOT 004 BLOCK 001 PERMIT TYPE : BUILDING PROPERTY TYPE : DETACHED SINGLE FAMILY (R-3) CONSTRUCTION TYPE REMODELIREPAIRIREPLACE ACTIVITY MISC. VALUATION $ 20,000.00 APPLICANT WELDER, THOMAS 21740 LILAC LANE SHOREWOOD, MN (952) 470.8668 OWNER WELDER, THOMAS 21740 LILAC LANE SHOREWOOD, MN AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to: (1) the conditions of this permit; (2) the approval plans and specifications; (3) the applicable city approvals, Ordinances, and Codes; and (4) the State Building Code. This permit is for only the work described, and does not grant permission for additional or related work which requires separate permits. This permit will expire and become null and void if work is not started within 180 days, or if work is suspended or abandoned for a period of 180 days any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. Issued by: Steven Torell, Building Official City of Chanhassen PERMIT NO.: 2004-01248 DATE ISSUED: PERMIT FEE (VALUATION) 321.25 PLAN CHECK (BUILDING,ISTS) 208.81 STATE SURCHARGE (BLD,PLB,HVAC FIRE) 10.00 TOTAL 540.06 CF.PARATF. PFRMITS RFnTTTRFT) F(R WORK f)THFR THAN T)FRCRIRF.T) AROW.. April 23, 2004 Thomas J. Wilder and Jennifer Wilder 222 78th Street West Chanhassen, MN 55317 RE: Escrow 222 78th Street West Our File No. 4-28634 Dear Thomas J. Wilder and Jennifer Wilder: Burnet Tile is holding funds in escrow for a pending assessment for MSA Street as pertains to your property referenced above. When this assessment becomes levied, the city should notify you by mail. Please forward to Burnet Title, within five days of notification, copies of any correspondence you receive from the city regarding this assessment. If the city does not receive payment for the levied assessment within thirty days listed on the notification, they will apply penalties for which you will be responsible. Please send your correspondence to: Burnet Title 1501 American Blvd. West Bloomington, MN 55431 Attention: Escrow Release Department If you have any questions or concerns, please do not hesitate to contact me at 952-886-6732. Very truly yours, Shannon Bright Escrow Release Coordinator Corporate Office 1501 West 80th Street ♦ Bloomington, MN 55431 SCANNED Map of 222 W 78th St Chanhassen, MN by MapQuest Page 1 of 2 ',' teal Alrp Home I Help I Settings I Mobile I Toolbar HNDIT MAPS DIRECTIONS YELLOW PAGES BU51 Lodging The hotels you want, * 222 W 78th St Chanhassen, MN 55317-9755, US Hotel Offers - Flight Deals Street Map Print I E -Mail I Download to PDA I New Map Clmanon Co Lotu: 0�"��' 90011 Ga Larpgu ill oaS Ria Or Lake v < i� i) a�rsa ci F '2 `LJa Caad o Santa Fe TO oLlrca N �' �vnhghl�t\ J 1, 0 ciryr C n 3 Hr - Crmar- � a ra i Park Chan Vw `a d,1 ? w feth St c` Chanhalsen a W 78th St ro Ae 7C 1P Pauly Fid ta7 v 0 �cs\'c O wYrynfield L-ukeOt e nW Rrl cw,anr�r m � Q� C vpN� �Ij,aa , Aare/t Dr y A Rice ode o Marsh aS 9 u, Sinnco Cir t7 Lake 9004 "apQuast cam, Inc : Q 2004 NAVTFQ Park FkeRrgrp pt Get Directions To Above Location Address or Intersection City State/Prov. Get Directions Search for a Business Business Name or Category ZOOM IN W J J J Jy W zoom OUT Address City State 222 W 78th St ChanhassE MN MapQuest Search All rights reserved. Use Subject to License/Copyright I Map Legend NAVTEO This map is informational only. No representation is made or warranty given as to Its content. User assumes all risk, of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. lM Chanhassen Offe Hotels Cheap Hotels Compare Prices, View Low Rates Guarantees www.hotels.com Discount Hotel Our Exclusive Rates C A 110% Lowest Price www.CheapTickets. Expedia _DISCOL Hot Deals at Over 10, Save up to SO% on IT, www.Expedia.com Hotels For Less Travelocity Great Ratl Great Rooms. Guaran www.travelocity.cor ORBITZ Discoid Find More Options &'_ Book Hotel Rooms wit www.ORBITZ.com 70% off- Hotel F Discount Rates Onlin Special Deals at Popu www.Lodging.com Priceline Discou Incredibly Low Prices 40% on Hotels with I www.priceline.com Cheapfares.com Airfare, Hotels, Cars, For low price travel. www.Cheapfares.co Hotels A SCANNED http://www.mapquest.comlmapslmap.adp?country=US&countryid=US&addtohistory=&s... 10/14/2004 City of Chanhassen Variances - $200 Completed application form. 2. Application fee. 3. Evidence of ownership or an interest in property. 4. Location map. 5. List of property owners and addresses within 500 feet of property boundary. This list may be obtained from the City of Chanhassen or Carver County (361- 1556). 6. Plot plan showing property lines, existing improvements, proposed improvements with setbacks, lot coverage, building height, etc. 7. Written description of variance request. 8. Written justification of how request complies with the findings for granting a variance (pursuant to Section 20-58) as follows: a. That the literal enforcement of this chapter would cause undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances but to recognize that and develop neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. 2/4/03 b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the sate zoning classification. C. 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. The granting of the variance will not be detrimental to the public welfare of injurious to other land or improvements in the neighborhood in which the parcel is located. 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 increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. SCANNED Property owners: Thomas and Jenny Wilder Variance Application: 222 W 78b Street Chanhassen, MN 1) 2) 3) 4) 5) 6) 7) SE Completed application form: enclosed Application fee: enclosed Review building permit # Location map: enclosed Please locate for me Plot plan: enclosed October 14, 2004 CITY OF CHANHASSEN RECEIVED OCT 15 2004 CHANHASSEN PLANNING DEPT Requesting that my front porch footings be allowed 6 inches on center from existing concrete stoop Variance justification a) This house was one of the original homesites of Chanhassen and originally erected in 1898. Over the last 100 plus years, various improvements were made including the pouring of a front concrete stoop. The entire house encroaches on a setback because of the continued improvements of West 78a' Street. It should be noted that my permit was approved with drawing of roof over the existing stoop, complete with frost footings. It was only after a footing inspection that the encroachment question arose. C) The front roof will provide for a safer entry to existing structure. -CA The granting of this variance will improve the aesthetic look to an original historic property on block #1 of Chanhassen. It is not detrimental to surrounding properties. In fact, the opposite is true. Since the property has been a "rental" for much of it's history. All neighbors that have stopped by have commented on how happy they are to see a dramatically improved property. What was an eyesore has been restored to an original "cottage look". f) The proposed variation will not not impair light, air or sight lines for any neighbors or endanger the public in anyway. It will enhance neighbors property values - not detract. Thank you, �..wA4� Tom and Jena" y Wilder SCANNED Location Map Wilder Variance Request 222 West 78th Street City of Chanhassen Planning Case No. 04-39 W a Chan Subject U�- Property W 78th St P PG\F\G vL 8. Mt` P�KEE, n LLIX Y / •N 10 Date: October 18. 2004 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planning Intern Subject: Request for an after -the -fact Variance for the intensification of a legal non -conforming structure by building a canopy with footings within the front yard setback on property zoned Residential Single Family (RSF) located at 222 West 78th Street. Applicant: Thomas Wilder. Planning Case: 04-39 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on October 15, 2004. The 60 -day review period ends December 14, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on November 16, 2004 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than November 3, 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Carver Soil & Water Conservation District 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. Centerpoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other - 14. JI, 2Z w -7 g �. -S-7 CITY CPY MINIMUM REQUIRED ATTIC VENTILATION 1300 OF HORIZONTAL PROJECTION OF ROOF AREA. '/i TO BE IN SOFFIT. - % TO BE IN, .%U LK S N' A J ALL EXTtR PROVIDE 6,f. EARTH SEPJ 50 VL ' T_ 1/1 ' i/ 5" A1ING HOU IUM$EGRVQIRAD Q x, APPROVE® REVIEWED FOR CODE COMPLIANCE SUBJECT TO ALL MSBC PROVISIONS BY r/ " DATEA— PERMIT4, Q ?.41 CALL FOR INSP CTIONS !FOOTING 71' A&*V .-_. FOUND. WALL REINFORCING PRE -BACKFILL INSPECTION irRA1'Mfl`+IG & SHEATHING under -floor) WNSULATION _-LATH _. DRYWALL F PLACE INAL PLUMBING, HVAC AND ELECTRICAL PERMITS AND INSPECTIONS REQUIRE[ BEFORE FRAMING INSPECTION PPROVED PLANS, SURVEY, MFG. MPONENT SPEC'S AND PERMIT D MUST BE ON JOB SITE AT L TIMES Id weather -resistive shall be applied over of all exterior walls : detached accessory I. MSBC 1309.0703 RECEIVED JUN 2 2 2004 CHANHASSEN INSPECTIONS A��N- TQ5NIUp�INKEI�T�In ICMNW i. ...,.•..,..:n...v�...v�.a%ir ,,...,. ,.�.:..v..w..a.u.w.—: �hvlx� «n.wa.ms-. I CrLo B� — f W, 17 I HOUSE CANTILEVER MU� T SUPPORT DECK OR P t RCH LEDGER MUST BE LAG41 HOUSE FRAME•'/e" LAGS D TO 16" O.C. p /D l \ /�,/ Q►.1i�(/'(v' DR14 FEET wiTH z Moisture-resistan in showers. Waters tii etardet - maY N_ O? be used o �3 ` 11 FIREBLOCK ALL AND DRO", 4L �, �,r1R►,1�5 As detector, audible' $ leleveping areas, is required on a IncludSiding existing sleepiand n each ng a res 5 GLA, -ZING U1f4D , 5i it 4 UQ[] • 3 i o0 -zr IMI o V Jp ENT N`� CpdtrdEi LJVIAMILy P '41-01aM TO Ad n 12 x rd '17LEDIts- - ... .r- v Smoke alarms are required on all levels and in all sleeping rooms, new and existing smoke.alarms shall be interconnected and hard wired, with battery backup. - I r \oL1D LOCKIN AT POINT EE HANDRAIL -38" ABOVE TREAD NOSING TO 2-5/8" FIDE, CONTINUOUS; lute: Space on open -riser irways.Must not exceed 499 . J. F�crwEC� G#LUffN RECEIVED JUN 2 2 2004 CHANHASSEN INSPECTIONS Kr-rOEN OWPIDEN .P "I HES 1;r Ro1K PAM.671120 swum BEAMS MUST BE NAILED TOGETHER. SET ON TOP OF POSTS AND %2� „Bo SPLICED, OVER POSTS. -4 wN9pr Wwpow 15 b 1 n I 1 I '•� I ' Oyu I DOJPJlti 1x10pZ I >36 i FIEIpER ..n'wDOw T >e 4 4I Al'I" WIN q�q". ' Z-�a/yam} „%iiz"�Vt F)CAIF Low�c`AtiW6 WALL VULAte WA` l�MX Ill'10 LVL- EA" I � I I i INStAr-c- xl2 j LVA tic r• C�P4oEA K-, Zb $ i 30KN0' QooF PEAK �rDOw `-a SCALL Z— I Kit) r c{2 LVLtMrj. II q n i I I __�l 2 REPLaGG waLL WLTT{ pgo V I rN 1R LL Z- (/6 X 10'x'4 .. LVL e eA S. WN(}7W I' iz >9a 1 ;o 0�2 ' w'KDow wi�oo� 310'" c INSi1LL 6`Ke'>'o�5• GK"k- � RECEIVED �OVN9ATcprJ RECEIVED APP fvVrcN[r5 IF WEM55AeY, JUN 2 2 L004 CHANHASSEN INSPECTIONS ,�,4 �uj (-�CK, sipc:fma W x.._...—.......+�..rra.aa..�MHxaXgl6itlIMMUWWMM1MrnnuMY.a..+.Jnr..�ruua.-.r—.rv:wa..+a�+n.a.'•.�m+Mr2'.gbh„RMM6bSxM[.naKn.:..r�+r...�.—.-n..—.«_.�—.__—.�..�_.—_u_..u..--....»..avan.�fMW.IrmM.M1YaYM1YmMiFwalYnl4iseu.r.'iaaer.«..a.:+:....... � _—._....... .. 3 � i , s I , WRVF ' I 8umw 1 _ ' _u�p crFuNs Asmoke detector, audible inert_ , sleeping areas, Is required on ail / levels and in each sleeping area - I I Y •-- 3 Including existing sleeping areas MANUFACTURED FIR ACES ` .2 AND ENTIRE FLUE A T BE — ' VM° VISIBLE FOR INSPE N Basements I r FR slee g roo with habitable s With al sili I e shall haver ! p and every `r floor and s lgtlt not rnore ti�an „ One window = Tr of o hail p�cividc above the HANDRAIL penahle area not less. 34' "ABOVE TREAD NOSING y and no hewlth "O width s than 4 ft ght.less than 20' 1-114' 2-'318" V'JIDE, CONTINUOUS�, j c „C ZI _4 e: Sparc on open -riser �} 4 st Ajays must not exceed 4 FIREBLOCK ALL SOFFITS C1 <�1� G�x DMZ AND DROP CEILINGS 2�D UOR PA _ UIIDEK WiDSE RECEIVED JUN 2 2 2004 CHANHASSEN INSPECTIONS scmmm H E z v v 1 CID r O s 11 � �i r Ul �� UJ cc st + fiTill G r f i4 �1 R, }# + Exl.i 1 'h � vl 0 z ?7