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11-04-24 PC ItemPlanning Commission Item November 4, 2024 Item Consider a variance to allow an addition to a single-family home that would encroach into the bluff and required bluff setback at 6261 Galpin Boulevard. File No.Planning Case #24-18 Item No: B.1 Agenda Section PUBLIC HEARINGS Prepared By Rachel Arsenault, Associate Planner Applicant Property Owner, Chris Campbell. Present Zoning Single Family Residential District (RSF) Land Use Residential Low Density Acerage 6.05 Density 1.2 - 4.0 Units per Acre Applicable Regulations Chapter 20, Division 3, Variances. Chapter 20, Article 20-XXVIII Bluff Protection. Chapter 20, Article 20-VI Wetland Protection. Chapter 20, Article 20-XII “RSF” Single-Family Residential District. SUGGESTED ACTION Proposed Motion: "The Chanhassen Board of Appeals and Adjustments approves the requested bluff variance for the construction of an addition at 6261 Galpin Boulevard subject to the conditions of approval and adopts the attached Findings of Facts and Decision." SUMMARY The applicant is requesting a variance to build an addition in the bluff and bluff impact zone. The addition has a footprint of 1,200 square feet, contains a two-car garage, workshop, and office space. This addition would be located on the north-west corner of the existing house which was built in 1986 into the bluff. 2 BACKGROUND The house at 6261 Galpin Boulevard was built in 1986 into the bluff on the property. This property is heavily encumbered by bluffs and wetlands, roughly 95% of the property is covered by the natural features and their corresponding setbacks and buffers. The space that is unencumbered by the aforementioned is a small portion of the house, driveway, and front yard. The proposed addition to the home is a reasonable request for a property which is zoned for residential use and the practical difficulty of adhering to the city's ordinances is a result of the unique features of the property based on the amount of wetland and bluff area located on the lot and the historical location of the homes original construction which was not constructed by the applicant. The proposed location of the addition would impact three trees on the bluff. All yard area of the property is natural prairie, reestablished by the current owner to protect the natural features of the property. DISCUSSION RECOMMENDATION Staff recommends approval of the variance to build an addition into the bluff at 6261 Galpin Boulevard. ATTACHMENTS Development Review Application Narrative Full Plan Set 6261 Galpin Variance Staff Report Findings of Fact Planning Commission Presentation Affidavit of Mailing 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 7700 Market Boulevard Mailing Address P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1100 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: PC Date: CC Date: 60-Day Review Date: Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Comprehensive Plan Amendment.........................$700 Conditional Use Permit (CUP) Single-Family Residence ................................$400 All Others.........................................................$600 Interim Use Permit (IUP) In conjunction with Single-Family Residence..$400 All Others.........................................................$600 Rezoning (REZ) Planned Unit Development (PUD) ..................$750 Minor Amendment to existing PUD.................$100 All Others.........................................................$600 Sign Plan Review...................................................$150 Site Plan Review (SPR) Administrative..................................................$100 Residential/Commercial/Industrial Districts.. $750** Subdivision (SUB) Plat 3 lots or less...........................................$500 Plat over 3 lots.............................................$1250 Metes & Bounds (2 lots)................................$300 Consolidate Lots............................................$150 Administrative Subd. (Line Adjustment)........$150 Final Plat ..... $700* Vacation of Easements/Right-of-way (VAC)........$300 (Additional recording fees may apply) Variance (VAR)....................................................$200 Wetland Alteration Permit (WAP) Single-Family Residence...............................$150 All Others.......................................................$275 Appeal of Administrative Decision .......................$200 Zoning Ordinance Amendment (ZOA).................$500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Notification Sign (City to install and remove)......................................................................................................................$200 Escrow for Recording Documents (check all that apply)...........................................................................$ per document Conditional Use Permit - $50 Interim Use Permit - $50 Site Plan Agreement - $85 Wetland Alteration Permit - $50 Easements (____ easements) - $85 Vacation - $85 Variance - $50 Metes & Bounds Sub (2 deeds) - $250 Deeds - $100 TOTAL FEE: *Includes $450 escrow for attorney costs. **Additional escrow may be required for other applications through the development contract. Section 2: Required Information Description of Proposal: Property Address or Location: Parcel #: Legal Description: Total Acreage: Wetlands Present?Yes No Present Zoning: Requested Zoning: Present Land Use Designation: Requested Land Use Designation: Existing Use of Property: Check box if separate narrative is attached. 4 Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: Property Owner Email______________________________ Name: Applicant Email______________________________ Address: Engineer Email______________________________ City/State/Zip: Other* Email______________________________ Email: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. Oct 2, 2024 5 October 3, 2024 Variance Application Supplement – 6261 Galpin Blvd (5) Written description of variance request. We are requesting approval to build an addition to our existing residence that will be partially constructed into/on a bluff. Construction on terrain qualifying as a bluff are regulated per the following: Per Sec 20-1401 Structure Setbacks a) Structures, including, but not limited to, principal buildings, decks and accessory buildings, except stairways and landings, are prohibited on the bluff and must be set back from the top of the bluff, the toe of the bluff, and the side of a bluff at least 30 feet. b) On parcels of land on which a building has already been constructed on June 1, 1991, the setback from the top of the bluff is five feet or existing setback, whichever is more, for additions to an existing building. Any new buildings will have to meet the 30-foot setback. Our request is specific to consideration of paragraph a). Our 1,602 sqft 3-bedroom home (not 4 bedrooms as noted in property records), constructed in 1986, is situated on a 6.05-acre parcel with a majority of the site bounded by a marsh and bluff. The existing structure is considered a split level built into, and on, terrain classified as a bluff and would be non-complying under current zoning ordinance. The terrain that is not considered to be in the bluff is utilized primarily for an existing driveway, approximately 450 ft long, accessed from Galpin Rd. We desire to construct an addition that will contain a garage/storage space and a home office. Our current 2-car garage was reduced in depth by the previous owner and has insufficient space for normal garage storage, yard maintenance equipment, and larger vehicles such as a pickup truck. A home office is needed due to the job requirements: over 70% of my employment activities are executed from my home office. This activity is currently carried out in a spare bedroom but as our aging parents spend more time with us, I need to vacate my office when they visit which is very disruptive to employment activities. The proposed location is the only viable area for the addition given the site features and drainage swale from the adjacent properties along the top of the bluff. We are proposing a 2-story addition with the floor levels matching the primary structure. The floor levels and height of the addition will match the height of the main level. Materials will match the existing structure. 6 (6) Written justification of how request complies with the findings for granting a variance (pursuant to Section 20-58) as follows: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. The proposed addition use is an acceptable purpose and consistent with the comprehensive plan. b. When there are practical diHiculties in complying with the zoning ordinance. "Practical diHiculties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical diHiculties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The site terrain causes a practical difficulty in accommodating a reasonable and much needed use. The proposed location for the addition accommodates the owner ’s need with the least amount of impact to the bluff and marsh. c. That the purpose of the variation is not based upon economic considerations alone. Economic factors are not a consideration of this request. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The wooded bluff and marsh are unique characteristics of this property but severely limit the potential to added needed function without building on the bluff. e. The variance, if granted, will not alter the essential character of the locality. The addition will have no impact on the character of the property. Of the 6 adjoining properties along the top of the bluff, it appears that only 1 will have sight lines to the addition and then only during the winter when the forest is not vegetated. We are acutely aware of the delicate nature of the bluff and have made considerable investment in the preservation and enhancement of the site through planting of native species and mitigation of invasive species. The design of the addition will include site design and landscaping to prohibit erosion of the bluff. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. This addition does not qualify as earth sheltered. Additional info: 1. Current impervious lot coverage is only 4.5%. The proposed improvements are estimated to increase total coverage to approximately 4.57% impervious. 2. We are aware of Sec 20-1403 Removal Or Alteration Of Vegetation. Removal or alteration of vegetation within a bluff impact zone will receive prior approval of the community development director. 7 8 Scale:Project number:Date:PRINTED:© 2024 ALBERS DESIGN LLC 10/2/2024 11:35:49 AMCarley and Chris CampbellCAMPBELL RESIDENCE ADDITION6261 Galpin BlvdExcelsior, MN 55331S 10OPTION 4 3D24002OCT 2, 20241 3D Option 4 9 980982984990 992 100 0 10 0 2 100 4 1006 1008 1010986 984Scale:Project number:Date:PRINTED:© 2024 ALBERS DESIGN LLC 1/8" = 1'-0"10/2/2024 11:35:50 AMCarley and Chris CampbellCAMPBELL RESIDENCE ADDITION6261 Galpin BlvdExcelsior, MN 55331S 11CONCEPT -MAIN LEVEL24002OCT 2, 20241/8" = 1'-0"1 MAIN LEVEL - OPTION 4 10 974980982984990 992 9 8 8 99 0 99 2 100 0 10 0 2 100 4 1006 1008 1010 984Scale:Project number:Date:PRINTED:© 2024 ALBERS DESIGN LLC 1/8" = 1'-0"10/2/2024 11:35:51 AMCarley and Chris CampbellCAMPBELL RESIDENCE ADDITION6261 Galpin BlvdExcelsior, MN 55331S 13CONCEPT GARAGE LEVEL24002OCT 2, 20241/8" = 1'-0"1 GARAGE LEVEL - OPTION 4A 11 PROJECT: Bluff Setback Variance Request (Planning Case 2024-18) PLANNING COMMISSION REVIEW DATE: November 4, 2024 60 DAY ACTION DEADLINE: December 2, 2024 DRAFTED BY: Rachel Arsenault, Associate Planner STAFF REPORT DATE: October 28, 2024 SUMMARY OF REQUEST: The Applicant is requesting a variance from Article 20-XXVIII Bluff Protection, they are proposing an addition to their single-family home. STAFF RECOMMENDATION: Staff recommends approval of the requested variance. LOCATION: 6261 Galpin Boulevard, Excelsior, MN 55331 (Subject Property) OWNER: Chris Campbell (“Applicant”) CURRENT ZONING: Residential Single-Family (RSF) 2040 LAND USE PLAN: Residential Low Density ACREAGE: 6.05 Acres PROPOSED MOTIONS: “The Chanhassen Board of Appeals and Adjustments approves the requested encroachment into the bluff and required setback subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” 12 6261 Galpin Blvd October 28, 2024 Page 2 of 5 LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a variance is limited to whether the proposed project meets the standards in the zoning ordinance for a variance. The city has a moderate level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi -judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting a variance from Section 20-1401 Structure Setbacks and Section 20-1403 Removal or Alteration of Vegetation, which requires structures to be set back from the bluff 30 feet and limits alteration of vegetation within a bluff impact zone. The applicant is proposing an addition that contains a garage, workshop, and home office. APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances. • Chapter 20, Article 20-XXVIII Bluff Protection. • Chapter 20, Article 20-VI Wetland Protection. • Chapter 20, Article 20-XII “RSF” Single-Family Residential District. CONTEXT PHOTOS BACKGROUND The house at 6261 Galpin Boulevard was built in 1986 into the bluff on the property. This property is heavily encumbered by bluffs and wetlands, roughly 95% of the property is covered by the natural features and their corresponding setbacks and buffers. The space that is unencumbered is a small 13 6261 Galpin Blvd October 28, 2024 Page 3 of 5 portion of the house, driveway, and front yard, creating a narrow linear area to build, roughly 62 feet wide and 16 feet deep at the deepest point. The proposed location of the addition would impact three trees on the bluff. The yard area of the property is natural prairie, reestablished by the current owner to protect the natural features of the property. ZONING OVERVIEW Bluffs are delineated by the following characteristics: 1. The slope rises at least 25 feet above the toe of the bluff. 2. The grade of the slope from the toe of the bluff to a point 25 feet or more above the toe of the bluff averages 30 percent or greater. 3. An area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff. The Applicant has provided a survey that delineates the portion of the property that is encumbered by area defined as “Bluff” as described above. From the delineated bluff line there is a required setback of 30 feet for a structure at the toe of the bluff. City code outlines an exception for additions to structures built prior to June 1, 1991, however, this only applies to the setback from the top of a bluff. The proposed addition encroaches on the toe of the bluff; therefore, the exception does not apply. In addition to the bluffs present on the property, the property also contains wetland areas which further restricting the potential buildable area on the property in addition to the bluffs. The wetland on the property roughly follows the 968-foot topographical line on the survey and is classified as a “Manage 2 wetland”. This type of wetland requires a 20-foot permanent buffer strip with over 50% native vegetation, and a 30-foot principal structure setback from the 20-foot buffer. This is a lot of record, so the property owner may establish a buffer in exchange for a decreased structure setback, with the reestablishment of the native plants by the owner the buffer is 100% native vegetation. The proposed addition will not encroach into the wetland setbacks or wetland buffers. However, the wetlands are important to consider because the bluff area on the west side of the proposed addition directly abuts, or overlaps in some areas, the wetland buffer and setbacks. This significantly limits the buildable area of the property and creates the practical difficulty in complying with the zoning ordinance based on circumstances unique to the property not caused by the landowner. ANALYSIS The following analysis is a review of the six aspects of a variance request that a City must consider and establish findings for in order to approve such a request. These are established by Minnesota State Statute and included in city code chapter 20, division 3, variances. 14 6261 Galpin Blvd October 28, 2024 Page 4 of 5 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan.” The requested variance fulfills the intent of this chapter and is consistent with the comprehensive plan. 2. “When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.” The property owner proposes to build an addition to an existing principal structure. The existing principal structure was built in 1986 and built partially into the bluff. The proposed addition is a reasonable request and the location of the existing principal structure in the bluff creates a practical difficulty in the proposed addition complying with the city code. Additionally, the property has significant wetlands present on site further restricting the buildable area on the property which restricts the opportunity for a detached structure to serve the same purpose as the proposed addition to the principal structure. The construction of the home in 1986 into the bluff and the presence of wetlands on the property create a practical difficulty in using the property in a reasonable manner in a way that would comply with city code thus a variance is necessary. 3. “That the purpose of the variation is not based upon economic considerations alone.” The purpose of the variance is not based upon economic considerations alone. 4. “The plight of the landowner is due to circumstances unique to the property not created by the landowner.” The home was built in 1986 by a previous owner of the property. The dwelling is restricted by the bluff and wetland on the property. 5. “The variance, if granted, will not alter the essential character of the locality.” The Applicant is proposing an addition in character with the current primary structure. 6. “Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter.” This is not applicable to the request. 15 6261 Galpin Blvd October 28, 2024 Page 5 of 5 ENGINEERING/WATER RESOURCES/NATURAL RESOURCES REVIEW Staff from the engineering, water resources, and natural resources have reviewed the proposed addition to a single-family home that would require a variance in order to be constructed. Based on their review, conditions have been incorporated into the below recommended conditions that will protect wetlands, ensure permitting through the appropriate watershed district, and ensure tree protection where appropriate. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached findings of fact and action, subject to the conditions stated below. CONDITIONS 1. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 2. A building permit must be obtained before beginning any construction. 3. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to the top of the wall, must be designed by a professional engineer and a building permit must be obtained prior to construction. Retaining walls (if present) under four feet in height require a zoning permit. 4. Shall obtain all other required permits and adhere to regulations from other agencies, such as Minnehaha Creek Watershed District. 5. Provide a grading sheet to show how grading from the new structure will tie into the bluff. 6. Install silt fence around the improvements and other BMPs as necessary. 7. No construction staging on the bluff or the wetland. 8. Add the edge of the tree canopy line to the building plans. 9. Tree protection fencing should be placed outside of the dripline of trees that are intended to be preserved. 16 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application by Owner Chris Campbell for a bluff and bluff setback variance on a property zoned Single Family Residential District (RSF) – Planning Case 2024-18. On November 4, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The property legal description as described in Exhibit A. 4. Variance Findings – Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the Comprehensive Plan. Finding: The requested variance fulfills the intent of this chapter and is consistent with the comprehensive plan. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The property owner proposes to build an addition to an existing principal structure. The existing principal structure was built in 1986 and built partially into the bluff. The proposed addition is a reasonable request and the location of the existing 17 6261 Galpin Blvd November 4, 2024 Page 2 of 4 principal structure in the bluff creates a practical difficulty in the proposed addition complying with the city code. Additionally, the property has significant wetlands present on site further restricting the buildable area on the property which restricts the opportunity for a detached structure to serve the same purpose as the proposed addition to the principal structure. The construction of the home in 1986 into the bluff and the presence of wetlands on the property create a practical difficulty in using the property in a reasonable manner in a way that would comply with city code thus a variance is necessary. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based upon economic considerations alone. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The home was built in 1986 by a previous owner of the property. The dwelling is restricted by the bluff and wetland on the property. e. The variance, if granted, will not alter the essential character of the locality. Finding: The applicant is proposing an addition in character with the current primary structure. f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This is not applicable to the request. 5. The planning report #2024-18, dated October 28, 2024, prepared by Rachel Arsenault is incorporated herein. DECISION The Planning Commission approves the requested variance to build an addition to the single- family home within the bluff and require bluff setbacks subject to the following conditions. 1. Proposed building improvements shall be built consistent with the plans submitted with the variance application. 2. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 18 6261 Galpin Blvd November 4, 2024 Page 3 of 4 3. A building permit must be obtained before beginning any construction. 4. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to the top of the wall, must be designed by a professional engineer and a building permit must be obtained prior to construction. Retaining walls (if present) under four feet in height require a zoning permit. 5. Shall obtain all other required permits and adhere to regulations from outside agencies, such as Minnehaha Creek Watershed District. 6. Provide a grading sheet to show how grading from the new structure will tie into the bluff. 7. Install silt fence around the improvements and other BMPs as necessary. 8. No construction staging on the bluff or the wetland. 9. Add the edge of the tree canopy line to the building plans. 10. Tree protection fencing should be placed outside of the dripline of trees that are intended to be preserved. ADOPTED by the Chanhassen Planning Commission this 4th day of November 2024. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 19 6261 Galpin Blvd November 4, 2024 Page 4 of 4 Exhibit A 20 Planning Case #2024-18 Variance Request Planning Commission – November 4, 2024 Applicant: Chris Campbell Requesting a variance to build an addition to a single-family home into the bluff and required setbacks at 6261 Galpin Boulevard. 21 Location Zoning - Residential Single Family (RSF) 2040 Comprehensive Plan - Residential Low Density 6.05 Acres = Proposed Addition 22 Site 23 Survey Full Property Survey Bluff Bluff Setback Wetland Wetland Buffer Wetland Setback Legend 24 Survey Bluff Bluff Setback Wetland Wetland Buffer Wetland Setback Legend 25 Proposed Addition Bluff Setback Legend Proposed Addition Bluff 26 Zoning Overview A variance may be granted if all of the following criteria are met: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan. 2. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 3. That the purpose of the variation is not based upon economic considerations alone. 4. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 5. The variance, if granted, will not alter the essential character of the locality. 6. Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter. 27 Planning Commission Discussion 28 Public Hearing 29 Planning Commission Discussion 30 Proposed Motion “The Chanhassen Board of Appeals and Adjustments approves the requested bluff variance for the construction of an addition at 6261 Galpin Boulevard subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” 31 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. coL.lNTY OF CARVER ) I, Jenny Potter, being first duly swom, on oath deposes that she is and was on October24,2024,lhedulyqualifiedandactingCityClerkoftheCityofChanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice Consider a request for a variance to allow an addition to a single-family home that would encroach into the bluffand required bluff setback at 6261 Galpin Boulevard. Zoned Single Family Residential. Property Owner/Applicant: Chris Campbell to the persons named on attached Exhibit "A", by enclosing a copy ofsaid 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 ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. lL<- Jenny P Citv Clerk Subscribed and swom to before me this Zi day of C ttob€/ e4 AMY K. WEIDMAN Notary Public-Minnosota Ly Comm|doo Erplro! Jan Ot, Z0e7 Notary Public 7n ,2024 1/ 'j< /'t ) 32 NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING Date & Time: Monday, November 4, 2024 at 6:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Consider a variance to allow an addition to a single- family home that would encroach into the bluff and required bluff setback at 6261 Galpin Boulevard. Applicant: Chris Campbell Property Location: 6261 Galpin Boulevard A location map is on the reverse side of this notice. What Happens at the Meeting: 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: 1.Staff will give an overview of the proposed project. 2.The applicant will present plans for the project. 3.Planning Commission discusses the proposal. 4.Public hearing is opened taking comments from the public. 5.Public hearing is closed and the Planning Commission continues discussion on the project prior to voting on the project. Questions & Comments: To view project documents before the meeting, please visit the city’s proposed development webpage: www.chanhassenmn.gov/proposeddevelopments Sign up to receive email updates about this or other projects. Go to https://www.chanhassenmn.gov/i-want-to/subscribe Date & Time: Monday, November 4, 2024 at 6:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Consider a variance to allow an addition to a single- family home that would encroach into the bluff and required bluff setback at 6261 Galpin Boulevard. Applicant: Chris Campbell Property Location: 6261 Galpin Boulevard A location map is on the reverse side of this notice. What Happens at the Meeting: 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: 1.Staff will give an overview of the proposed project. 2.The applicant will present plans for the project. 3.Planning Commission discusses the proposal. 4.Public hearing is opened taking comments from the public. 5.Public hearing is closed and the Planning Commission continues discussion on the project prior to voting on the project. Questions & Comments: To view project documents before the meeting, please visit the city’s proposed development webpage: www.chanhassenmn.gov/proposeddevelopments Sign up to receive email updates about this or other projects. Go to https://www.chanhassenmn.gov/i-want-to/subscribe 33 Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the 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. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. «Tax_name» «Tax_add_l1» «Tax_add_l2» Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the 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. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. «Next Record»«Tax_name» «Tax_add_l1» «Tax_add_l2» Subject Parcel Subject Parcel 34 Tax name Tax add l1 Tax add l2 ADAM D WARE 6211 HUMMINGBIRD RD EXCELSIOR, MN 55331 ALFRED G & SHARAN ERICKSEN 6120 MURRAY CT SHOREWOOD MN 55331 BRADFORD W & SUZETTE C YAEGER 23060 SUMMIT AVE SHOREWOOD MN 55331 BRENT V & LORI K PETERSON 6330 STELLER CIR EXCELSIOR, MN 55331 BRIAN L & PAULETTE J SCHRUPP 1911 MOLINE CIR EXCELSIOR, MN 55331 BRUCE D & SUSAN KOEHNEN 1830 KOEHNEN CIR EXCELSIOR, MN 55331-9049 CANDACE NOREEN GOODERUM 1841 PHEASANT DR EXCELSIOR, MN 55331 CHANTEL M ERICKSON 6155 MURRAY CT SHOREWOOD, MN 55331 CHRISTIANNA S & MICHAEL L LACOURSE 23080 SUMMIT AVE SHOREWOOD, MN 55331 CHRISTOPHER ALLEN CAMPBELL 6261 GALPIN BLVD EXCELSIOR, MN 55331 CITY OF SHOREWOOD 5755 COUNTRY CLUB RD SHOREWOOD, MN 55331 CLARK EICHELBERGER 1820 PHEASANT DR EXCELSIOR, MN 55331 DAVID & MARY STACKEN 1901 MOLINE CIR EXCELSIOR, MN 55331 DAVID G & HEATHER DURENBERGER 6321 STELLER CIR EXCELSIOR, MN 55331 DAWN L MILLER 1831 KOEHNEN CIR W EXCELSIOR, MN 55331 DENNIS & SUSAN PIPAL 1770 RINGNECK DR EXCELSIOR, MN 55331 DOUGLAS & SHERRY SWANSON 1780 KOEHNEN CIR EXCELSIOR, MN 55331-9049 DOUGLAS C CARLSEN 6310 STELLER CIR EXCELSIOR, MN 55331-8042 DUANE F & LORI P ANDERSON 1750 RINGNECK DR EXCELSIOR, MN 55331 EFIM SHUKALOVICH 6200 CARDINAL AVE EXCELSIOR, MN 55331 EMILY HANCHARENKO 6231 HUMMINGBIRD RD EXCELSIOR, MN 55331 GERALD L & CAROL L COX 6200 CARDINAL DR SHOREWOOD, MN 55331 IVAN CHIHANG LEE 1799 KOEHNEN CIR EXCELSIOR, MN 55331 J J PAPKE & D J PAPKE 6180 CARDINAL DR SHOREWOOD, MN 55331 JACOB JOHNSON 6210 CARDINAL AVE EXCELSIOR, MN 55331 JACQUELINE RAE SNYDER 1780 RINGNECK DR EXCELSIOR, MN 55331 JAMES R KROUPA 6311 STELLER CIR EXCELSIOR, MN 55331 JASON & TRICIA MILLS 6281 HUMMINGBIRD RD EXCELSIOR, MN 55331-8884 JOHN FLOOD 22695 MURRAY ST SHOREWOOD, MN 55331 JOHN S & LYNDA M G HARTMANN 22845 MURRAY ST SHOREWOOD, MN 55331 JOSEPH C & ANN M SCHLEIF 3201 COUNTY RD 92 N INDEPENDENCE, MN 55359 JOSEPH MARK HOESCHEN 6320 STELLER CIR EXCELSIOR, MN 55331 35 KEITH A HAMBERG 1779 KOEHNEN CIR EXCELSIOR, MN 55331-9051 KEITH J & MICHELLE M O'BRIEN 6290 CARDINAL AVE EXCELSIOR, MN 55331 KENNETH A & SHERRI S HIGDON 22765 MURRAY ST SHOREWOOD, MN 55331 KENT S ANDERSON 1900 MOLINE CIR EXCELSIOR, MN 55331-9057 KRISTIN J & JOHN B MCMURTRY R 1790 RINGNECK DR EXCELSIOR, MN 55331 KRISTOPHER W THOELE 6291 HUMMINGBIRD RD EXCELSIOR, MN 55331 KYLE B JOHNSON 1901 MELODY HILL CIR EXCELSIOR, MN 55331 M.P. AND J.K. COURTNEY FAMILY REV TRUST 1940 MELODY HILL CIR EXCELSIOR, MN 55331 MADELEINE SLAMA 6221 HUMMINGBIRD RD EXCELSIOR, MN 55331 MARGUERITE JEANNE AHMANN 6271 HUMMINGBIRD RD EXCELSIOR, MN 55331 MARIANNE I KILKER 6140 MURRAY CT SHOREWOOD MN 55331 MARK A & CHRISTINE L SASS 6275 HUMMINGBIRD RD EXCELSIOR, MN 55331-8884 MICHAEL E & COREEN C BOMSTAD 1810 RINGNECK DR EXCELSIOR, MN 55331 MR & MRS JEFFREY R FETZER 6090 GALPIN LAKE RD SHOREWOOD, MN 55331 NATHAN J & MALINDA M SCHMIECHEN 22785 MURRAY ST SHOREWOOD, MN 55331 PATRICK L & STACY L WARD 1789 KOEHNEN CIR EXCELSIOR, MN 55331-9051 PETER A NOWLING 1760 RINGNECK DR EXCELSIOR, MN 55331 PETER BONAHOOM 1830 PHEASANT DR EXCELSIOR, MN 55331 RICHARD B BAKKE 1910 MOLINE CIR EXCELSIOR, MN 55331-9057 ROBERT KIM & NANCY KIM 23070 SUMMIT AVE SHOREWOOD, MN 55331 RONALD B & ROCHELLE M BERG 6301 STELLER CIR EXCELSIOR, MN 55331 SANDRA WALIGOSKI 6160 MURRAY CT SHOREWOOD MN 55331 SARAH & JOE DIFRANCESCO 6180 MURRAY CT SHOREWOOD MN 55331 SARAH S BROWNE 1800 PHEASANT DR EXCELSIOR, MN 55331 SCHWARZINGER TRUST 1820 RINGNECK DR EXCELSIOR, MN 55331 STACY L NYSTROM 1851 PHEASANT DR EXCELSIOR, MN 55331 STEVEN W & MARY E THOMAS 1810 PHEASANT DR EXCELSIOR, MN 55331 SUZANNE R ROENSCH 6301 HUMMINGBIRD RD EXCELSIOR, MN 55331-8884 THOMAS B & KATHERINE KRANTZ 1800 KOEHNEN CIR EXCELSIOR, MN 55331-9049 TIMOTHY G & EUNICE C SWANSON 1801 KOEHNEN CIR EXCELSIOR, MN 55331-9051 TODD J & LESLIE K PEDERSEN 1800 RINGNECK DR EXCELSIOR, MN 55331 TODD & KIRSTEN SIMONSON ORGAN 421 CHAN VIEW #321 CHANHASSEN, MN 55317 TYSON ANDREW BARRETT 6204 CARDINAL AVE EXCELSIOR, MN 55331 36 VANESSA A & JOEL T BAARDSETH 2030 MELODY HILL RD EXCELSIOR, MN 55331 WILLIAM H KOCH II 6300 STELLER CIR EXCELSIOR, MN 55331 37