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Bangasser VarianceCITY OF CHANHASSEN STAFF REPORT PC DATE: March 4, 2008 CC DATE: March 24, 2008 REVIEW DEADLINE: April 1, 2008 CASE #: 08-04 BY: AA, AF, JM, TJ PROPOSAL: The applicant is requesting an 20.2 4S—.2-foot front yard setback variance and an 8-foot side yard setback variance for the demolition and reconstruction of a single family home on a nonconforming lot of record zoned Single Family Residential District (RSF) (All proposed setbacks are measured from the eaves of the structure) LOCATION: 3633 South Cedar Drive Lot 1, Block 5 & Lot 16, Block 4, Red Cedar Point Lake Minnewashta APPLICANT: Dave Bangasser & Mary Jo Anding Bangasser 8321 View Lane Eden Prairie, MN 55347 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: 0.35 acre DENSITY: N/A SUMMARY OF REQUEST: The applicant is proposing to demolish an existing single-family cabin and build a single-family home on a nonconforming riparian lot of record. The proposed home will require an 20.2 4-8-2-foot front yard setback variance from the minimum 30-foot front yard setback requirement and an 8-foot side yard setback from the minimum 10-foot side yard setback requirement. The proposal reduces the hard surface coverage by 500 square feet and maintains the shoreland setback. Staff is recommending approval of this request. 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. Bangasser Variance Planning Case # 08-04 March 4, 2008 Page 2 of 12 SUMMARY OF PROPOSAL The subject property is a nonconforming lot of record. It is located on Lake Minnewashta's Red Cedar Point at South Cedar Drive, and is zoned Single Family Residential (RSF). The applicant is requesting an 20.2 4-92-foot front yard setback variance from the minimum 30-foot front yard setback requirement and an 8-foot side yard setback variance from the minimum 10-foot side yard setback requirement for the construction of a single-family home. This will permit the structure to maintain an 9.8 44-.8-foot setback from the front property line and a 2-foot side yard setback from the east property line. The right-of-way width on South Cedar Drive is 30 feet per the Red Cedar Point plat. The Certificate of Survey submitted with the application notes that the right-of-way at this location is only 25.80 feet wide due to "longstanding evidence of monumentation", which is 4.20 feet less than that shown on the plat. The City Attorney's opinion is that the City is entitled to the 30-foot wide right-of-way as shown on the plat regardless of where the monumentation was set. hti o �s / 6 gyga .riS+ qyA f d� a...4 . e' A oo AA o co The requested setback variances include the 4.2-foot discrepancy on the submitted survey. The survey must be revised to delete the statement "It is not possible to hold public platted right-of- way due to longstanding evidence of monumentation" and show a 30-foot right-of-way. The zoning ordinance states that eaves may not encroach into the required setback if a variance is granted. Therefore, all setback distances for variance consideration will be measured from the eaves of the structure while the foundation is recessed two feet from the eaves. Staff is recommending approval of this variance request based on the reduction of the hard surface coverage as well as maintaining the shoreland setback. APPLICABLE REGUATIONS Sec. 20-481. Placement, design, and height of structures. Sec. 20-615. Lot requirements and setbacks. Sec. 20-908. Yard regulations. Sec. 20-905. Single-family dwellings Bangasser Variance Planning Case # 08-04 March 4, 2008 Page 3 of 12 BACKGROUND The subject site consists of two lots bisected by South Cedar Drive; staff will be referring to the northerly triangular lot as Parcel A and the riparian lot as Parcel B. Parcel A contains a three -car garage and Parcel B contains a single-family seasonal cabin. In 2006 the applicant received a setback and hard surface coverage variance for the construction of the garage on parcel A; at which time the parcels were joined into a single zoning lot. By combining the lots into a single zoning lot, the parcels are listed under a single Parcel Identification Number and the zoning requirements apply to the parcels as if they were one parcel, i.e. lot area, hard surface coverage, etc. Red Cedar Point Cedar Accessory Structure Variance granted in 2006 Lot 16, Block 4 Principal Structure Lake blinnewashta The subject property was platted as part of the Red Cedar Point Lake Minnewashta Subdivision which was recorded on August 30, 1913. Both parcels are nonconforming lots of record as they do not meet minimum lot requirements. Parcel A does not meet the 15,000 square -foot lot area in the RSF district or the lot depth requirements. Parcel B does not meet the 20,000 square -foot lot area requirement for a riparian lot, the 90-foot street frontage, or the 90-foot lake frontage requirements. Due to the fact that the Red Cedar Point Lake Minnewashta subdivision predates the adoption of the zoning ordinance in 1972, nearly all the parcels in this development are nonconforming lots of record and many may require a variance to update the homes, as well as provide a reasonable use of the property (year round homes). Bangasser Variance Planning Case # 08-04 March 4, 2008 Page 4 of 12 ISSUE The 4.2-foot right-of-way discrepancy shown on the certificate of survey is of major importance with regard to the applicant's front yard setback request. This not only affects the front yard setback, but also the lot area and the hard surface coverage calculations on the site. The current right-of-way is 30 feet, which is not clearly marked on the submitted survey. All measurements for the request include the 4.2 feet of right-of-way discrepancy. This greatly increased the front yard variance request from 14 feet to 18.2 feet (the structure including the eaves is proposed to maintain an 9.8 44-.9-foot setback). While this does not affect the lot area of Parcel A (7,920 square feet) or the impervious coverage (1,000 square feet), it does affect Parcel B. The lot area for Parcel B changes from 7,105 square feet to approximately 6,895 square feet. The proposed home is 1,671 square feet, the driveway is 240 square feet, and approximately 860 square feet of existing impervious coverage. This will result in a hard surface coverage of 25%, the maximum allowed by ordinance in the RSF district. The applicant submitted hard surface calculations. In reviewing the floor plans for the house, it appears that the applicant intends to construct a porch under the proposed deck. This structure, as well as other impervious areas such as concrete pavers, parking pad, etc., may not have been included in the overall calculations. Structure Area House 1,671 Garage with Driveway on Parcel A 1,000 Driveway with encroaching area from neighboring parcel 300 Deck with 3 Season Porch 307.5 Concrete Pavers 444 Stairs 48 Total Area of impervious 3,771 Total Area of Parcels A and B 14,815 Percent of Coverage 25.45 Staff attempted to verify these numbers and calculated an estimated total of 25% hard surface coverage. Staff has added a condition directing the applicant to limit the hard surface coverage to 25% and submit a revised signed registered survey reflecting a 30-foot right-of-way, all lot measurements, structure setbacks, and impervious coverage to the City at the time of building permit application. ANALYSIS All calculations include the 4.2 feet of right -of- way from the original Red Cedar Point plat. The combined area of the parcels is 14,815 square feet. However, the area of the subject parcel is 6,895 square feet with 50 feet of street frontage and 38 feet of lake frontage. The minimum lot area for a riparian, sewered lot is 20,000 square feet, with 90 feet of street frontage and 90 feet of lake frontage. Bangasser Variance Planning Case # 08-04 March 4, 2008 Page 5 of 12 Parcel B has an approximate buildable area of 1,325 square feet, occupying less than 20% of the lot area, which is less than the 25% maximum hard surface coverage permitted in the RSF district. The buildable area is limited due to the nonconforming lot width and the required 30-foot front yard, 10- foot side yard and 75-foot shoreland setback requirements. The existing home occupies 960 square feet. It has a nonconforming front yard setback of 16.8 feet from South Cedar Drive, and a nonconforming side yard setback to the east property line of 5 feet. The required setbacks in the Residential Single Family district are 30-foot front yard and 10-foot side yard setbacks. The applicant is proposing to locate the home closer to the front and east property lines, while maintaining the 10-foot west side yard setback and the 75-foot shoreland setback. The shape of the parcel amplifies the variance request due to the larger width at the road and tapering in at the shore line. Ordinance Existing Proposed Single -Family Home 960 sf 960 sf 1,671 sf Setback from South 30' 21 9.811.8' Cedar Drive East side yard setback 10, 4' 2' (Variance required includes Eaves) West side yard setback 10, 10, 10, (No variance required) The area of the home will also increase in size; however, the applicant is proposing to remove approximately 500 square feet of existing hardcover, including a driveway along the west side of the property. This will significantly decrease the overall lot coverage from 31.05% (variance approved in 2006) to approximately 25%. This in turn will reduce the runoff to the lake. Approval of the applicant's request will nullify the previous 6.05% hard surface coverage variance. The lot coverage includes both lots. The applicant is requesting the 8-foot east side yard setback variance while maintaining the 10- foot setback on the west side of the property to maintain the greatest separation between the adjacent buildings. The distance between the proposed home and the home to the west is approximately 20 feet, the distance between the proposed home and the home to the east is �]10.J31L3 �� H- Aj8ft2 2 { 17 Bangasser Variance Planning Case # 08-04 March 4, 2008 Page 6 of 12 approximately 18 feet. There is currently a timber, terraced retaining wall between the subject property and the property to the east that crosses the property line. The homeowner and the adjacent neighbor intend to reconstruct the terraced wall should the applicant's proposal be approved and the home constructed. This will require a building permit and consent from both parties at the time of building permit application. The terraced retaining wall will help infiltrate some of the runoff before it goes into the lake. Reasonable Use A reasonable use is defined as a use made by a majority of comparable properties within 500 feet, in this case that means a single-family home and a two -car garage. The subject property currently contains a single-family seasonal cabin and a three -stall garage (located on parcel A, shown to the right). The existing structure on Parcel B was constructed in 1920 as a summer cabin. The applicant would like to modernize the site and make this their permanent year round residence. The architecture of the home will be consistent with the garage design. The zoning ordinance states a single family home must have minimum area of 960 square feet, however, current market conditions necessitate a larger living space. For example, new construction for an attached single-family home in the Liberty on Bluff Creek subdivision is over 1,700 square feet per unit. The applicant's request for a 1,671 square -foot single family home is reasonable. The applicant's request for a front yard setback, decreasing the distance between the structure and the road to permit an 9.8 44-.9-foot setback, will not create a precedent in the neighborhood as many of the homes are currently located closer to the road. The property to the east of the subject site has a front yard setback of less than 5 feet. Many of the existing lots and setback dimensions throughout the neighborhood do not meet the minimum requirements, because the "homes" were also constructed as cabins in the early 1900's, nearly 70 years before the district standards were adopted. Staff reviewed city records to determine if variances had been granted within 500 feet of the subject property. Staff found 7 variances granted within 500 feet of the subject property, all of which are setback variances. Bangasser Variance Planning Case # 08-04 March 4, 2008 Page 7 of 12 Address Variance File Variance Number 3633 South 22.5-foot front yard setback variance, 15.8-foot front yard Cedar Drive 06-04 setback variance and a 2.39% hard surface coverage variance for the construction of a three -stall garage 3637 South 19.3 foot front yard setback, a 4 foot lakeshore setback Cedar Drive 04-07 for the expansion of a single family home 3628 Hickory 13-foot front yard setback, 2-foot front yard setback and Road 02-5 5-foot side yard setback variances for the construction of a garage. 7201 Juniper 98-7 11.5-foot front yard variance for the construction of a Avenue home addition 84-2 3705 South Two 7-foot side yard setback variances, a 31-foot Cedar Drive 96-4 lakeshore setback variance and a hard surface coverage variance. 3618 Red Cedar 15-foot lakeshore and 8-foot side yard setback variances Point Road 93-6 for the construction of a porch and deck 1.5-foot side yard and 14.5-foot lakeshore setback 92-1 variances for the construction of an attached two -car 3607 Red Cedar garage Point Road 7.5-foot lakeshore setback variance for the construction 81-8 of a deck and a 13.5-foot lakeshore setback variance for the construction of a 6' x 6' stairway landing pad 3629 Red Cedar 12-foot front yard setback and two 3-foot side yard Point Road 87-13 setback variances for the demolition of an existing cabin and the construction of a new home TREE PRESERVATION There are several large mature trees on the subject property and the neighboring properties. Of the applicant's trees, one is shown as removed and three to be preserved. The two trees within the lake setback area should be protected during construction. The third tree appears to be 5-10 feet from the proposed foundation. Staff does not recommend that this tree be preserved as the root damage will be severe and cause its eventual decline. Bangasser Variance Planning Case # 08-04 March 4, 2008 Page 8of12 The neighboring trees on either side of the applicant are close to the property lines and thus to the proposed construction area. The applicant will need to employ solid tree protection measures for their neighbors' trees because of their close proximity. Tree protection fencing must be installed prior to any construction activity and maintained throughout the development of the lot. To protect the trees during construction, the following practices are advised: • Tree protection fencing must be properly installed at the edge of construction. This must be done prior to any construction activities and remain installed until all construction is completed. • Wood chip mulch should be applied to a depth of 4 — 6 inches, but no deeper, over all the root area to retain soil moisture in the remaining root area. • Roots closest to the tree should be cut by hand or a vibratory plow to avoid ripping or tearing the roots. • No equipment or materials may be stored within the protected root areas. • The trees will need to be watered during dry periods. • Any pruning cuts necessary for oaks must be done before April 1 or after July to avoid possible exposure to the oak wilt fungus. GRADING & STREETS The 30-foot wide right-of-way is substandard per current requirements; typical right-of-way width is 60 feet. At this location South Cedar Drive's roadway is approximately 20 feet wide. City Code requires minimum 24-foot wide rural (ie. no curb or gutter) streets within this zoning district. Staff anticipates that the streets within Red Cedar Point will be reconstructed in 2010 due to the poor condition of the streets and the utilities. Reconstruction work within this neighborhood will be challenging since the majority of the right-of-way within the area is substandard and existing structures are quite close to the right-of-way. Based on traditional construction techniques and the depth of sanitary sewer and watermain, staff estimates that the excavation limits for the utility replacement will be approximately 30 feet wide. Additional space will be required to place material excavated from the construction trench. Considering that the right-of-way width in this area is only 30 feet, staff is aware that special construction techniques will likely be required for the future project. Perimeter drainage and utility easements were not included on the Red Cedar Point Lake Minnewashta plat; therefore, space required for the project outside of the 30-foot right-of-way will need to be secured by permanent and/or temporary easements. In order to keep project costs to a minimum, engineering is attempting to preserve a construction corridor free of structures to provide adequate space for construction. Bangasser Variance Planning Case # 08-04 March 4, 2008 Page 9 of 12 Based on the 30-foot right-of-way, the attached garage, which is located on the east side of the property, will be set back an average of 17.5 feet from South Cedar Drive. This is a sufficient distance so that a passenger vehicle could park in the driveway. WETLANDS There is no indication of any wetlands on the property although Lake Minnewashta is a DNR Public Water. LAKES The entire property lies within 1,000 feet of the ordinary high water level (OHW) for Lake Minnewashta, a recreational development lake, and is therefore subject to the Shoreland Management District rules. The proposed project meets the setback requirements from the OHW and the proposed plan will be below the maximum allowed impervious surface requirements per the shoreland ordinance. EROSION AND SEDIMENT CONTROL AND RUNOFF The total land disturbance associated with the proposed project does not meet the minimum threshold for "small construction activity". Therefore, no NPDES Phase II permit to discharge stormwater associated with construction activities is required. The Minnehaha Creek Watershed District administers its own erosion control rules. Down gradient erosion control practices should be installed around the construction area to prevent the transport of sediment to the lake located southeast of the property or onto adjoining properties. At a minimum, the City Standard Detail plate 5302B and 5301 shall be included. Placement of the silt fence or other approved perimeter controls should be indicated on the plan and installed prior to any earth disturbing activity. A rock construction entrance shall be placed at the ingress/egress for construction traffic. The City of Chanhassen is a Select Municipal Separate Storm Sewer System (MS4) City. Further, Lake Minnewashta, which this site is tributary to, is listed by the MPCA as an impaired water for Mercury. The proposed project lies in a largely developed area with limited stormwater treatment, rate and volume control infrastructure. Staff and the applicant have discussed utilizing the terraced retaining walls east of the proposed structure to offer some water quality treatment and volume reduction. Staff recommends providing infiltration within the chambers behind each retaining wall by backfilling with a suitable coarse soil material with a high infiltration rate (0.6 inches/hour or greater) and vegetate the terrace surfaces with a suitable planting medium and deep-rooted vegetation to promote further infiltration as well as evapotranspiration. Staff would also recommend using native plants. Bangasser Variance Planning Case # 08-04 March 4, 2008 Page 10 of 12 OTHER AGENCIES The applicant is responsible for and obtaining any permits or approvals from the appropriate regulatory agencies and comply with their conditions of approval. MISCELLANEOUS A building permit is required before any demolition or construction may begin. Any portion of the structure less than five (5) feet from the property line must be of one -hour fire -resistive construction. Building permits are required for retaining walls. Retaining walls must be designed by a structural engineer licensed in the State of Minnesota. Approval of a variance is contingent upon proof that the literal enforcement of the City Code would cause an undue hardship. Many aspects of the parcel are legal nonconforming, including the lot size, building setbacks and lot frontage, because the lot was platted and the building constructed in the early 1900's as a cabin, prior to the adoption of the district regulations. The site currently has a hard surface coverage variance; which will be eliminated should this variance request be approved. The improvements to the site will be beneficial to the neighborhood as well as the lake due to the significant reduction of impervious coverage and use of an infiltration area, resulting in a decrease of surface water runoff Therefore, staff is recommending approval of this request. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves Variance #08-04 for a 20.2 4-8:2-foot front yard setback variance and an 8-foot side yard setback variance for the construction of a single-family home on a lot zoned Single Family Residential (RSF) based upon the attached findings of fact subject to the following conditions: 1. Building Official Conditions: a. The applicant must apply for a demolition permit prior to removing the existing structure. b. The applicant must apply for a building permit prior to construction. c. Any portion of the structure less than five (5) feet from the property line must be of one -hour fire -resistive construction. d. Building permits are required for retaining walls. e. Retaining walls must be designed by a structural engineer licensed in the State of Minnesota. Bangasser Variance Planning Case # 08-04 March 4, 2008 Page 11 of 12 2. City Engineer Conditions: a. The Certificate of Survey must be revised as follows when applying for a building permit: 1. The survey must be to scale. 2. The note stating "It is not possible to hold public platted right of way due to long standing evidence of monumentation" must be deleted. 3. Clarify the bearing of the northern property line for Lot 16. 4. Correct the Block numbers shown on the survey (Block 4 is shown as Block 5, and vice versa). 5. Show the correct distance and bearing of the property lines for Lot 1, Block 5. 6. The flow arrows on the sanitary sewer manhole are in the wrong direction. 7. Show existing and proposed contours. 8. Show proposed retaining wall location and top and bottom of wall elevation. 9. Show a 30 foot right-of-way, all lot measurements, structure setbacks, and impervious coverage shall be submitted to the city at the time of building permit application. b. The applicant must submit a proposed grading plan with the building permit to demonstrate how the site will drain. 3. City Forester Conditions: a. Tree protection fencing must be properly installed at the edge of construction and extended completely around the tree at the greatest distance possible. This must be done prior to any construction activities and remain installed until all construction is completed. b. The roots of neighboring trees must be cut by hand or a vibratory plow to avoid ripping or tearing the roots. To retain soil moisture in the remaining root area, wood chip mulch should be applied to a depth of 4 — 6 inches, but no deeper, over all the root area. d. No equipment or materials may be stored within the tree protection area. e. The trees will need to be watered during dry periods. f. Any pruning cuts necessary for oaks must be done before April 1 or after July to avoid any possible exposure to the oak wilt fungus. g. One tree is required within the front yard setback area. Bangasser Variance Planning Case # 08-04 March 4, 2008 Page 12 of 12 4. Water Resource Coordinator Conditions: The plans shall be revised to indicate the placement of silt fence or other approved perimeter BMP as well as incorporate any applicable Chanhassen standard details for erosion and sediment control. This should include, at a minimum, 393-5301 and 393- 5302B. All erosion and sediment control features shall be installed prior to any earth disturbing activities and shall remain in place until at least 75% of the property is covered by vegetation. b. The applicant shall provide specifications for the soils to be used to backfill the retaining walls to show that infiltration rates within these areas are maximized. c. The applicant shall provide a generalized list of plants which are to be used to landscape the retaining wall areas. d. The applicant shall maintain the depression adjacent to Lake Minnewashta. e. The applicant shall apply for and obtain permits from the appropriate regulatory agencies where applicable and comply with their conditions of approval. 5. General Condition: The site shall not exceed the maximum 25% site coverage allowed in the Residential Single Family district. ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Letter from Dave Bangasser stamped "Received February 1, 2008". 4. Registered Land Survey. 5. Survey showing site coverage reduction stamped "Received February 25, 2008" 6. Building Plans and Elevations. 7. Photos of Subject Property. 8. Public Hearing Notice and Affidavit of Mailing List. 9. Email from Peter & Karri Plucinak dated February 16, 2008. g:\plan\2008 planning cases\08-04 bangasser variance\staff report. doe CITY OF CHANHAS SEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of David and Mary Jo Anding Bangasser for an 20.2-foot front yard variance from the 30-foot front yard setback requirement and an 8-foot side yard variance from the 10-foot side yard setback requirement for the demolition and reconstruction of a single-family home — Planning Case No. 08-04. On March 4, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of David and Mary Jo Anding Bangasser for an 18.2-foot front yard setback variance and an 8-foot side yard setback for the demolition and reconstruction of a single-family home. 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 Residential Single Family (RSF). 2. The property is guided by the Land Use Plan for Residential -Low Density (1.2-4 units/acre). 3. The legal description of the property is: Lot 1, Block 5 and Lot 16, Block 4, Red Cedar Point Lake Minnewashta. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. 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 this chapter does cause an undue hardship. The parcel predates the zoning ordinance as it was platted in 1913 and was a summer cabin; the site is legal nonconforming. The properties within 500 feet of the parcel are also legal nonconforming, many of which may already have or require variance approval to modernize their sites. 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 not applicable to all properties that lie within the Single Family Residential District. This condition is unique to the Red Cedar Point Lake Minnewashta subdivision as it predates the adoption of the zoning ordinance and many of the houses and properties within the subdivision do not meet the current lot requirements for the 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 intent of the proposed home is not based on the desire to increase the value of the home, rather to make the house their permanent residence. Red Cedar Point Lake Minnewashta was platted in 1913 and the current structure was built in 1920 as a seasonal cabin. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged hardship is not self-created because the applicant is requesting to update an existing cabin into a permanent residence located on a nonconforming lot of record. Red Cedar Point was platted in 1913 and predates the adoption of the zoning ordinance. The proposed single family dwelling is smaller in size than what the market demands for an individual dwelling unit within an attached single-family building. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of a variance for the construction a single-family home will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. The applicant is proposing to reduce the amount of hard surface coverage on the site, maintain the required shoreland setback and create a surface water infiltration area within the retaining wall to reduce the runoff into Lake Minnewashta. 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 home will not impair an adequate supply of light or air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or diminish property values within the neighborhood. The modernized home will be beneficial to the neighborhood, as there is currently a seasonal cabin, constructed in 1920, located on the property. There is an existing house on the site. According to City Code, reasonable use of the property is a single family home. The proposed home will be constructed to maintain substantial separation between the neighboring properties as well as maintain the required shoreland setback. 2 5. The planning report #08-04 Variance dated March 4, 2008, prepared by Angie Auseth, et al, is incorporated herein. ACTION "The Planning Commission approves Planning Case 08-04, for an 20.2-foot front yard variance from the 30-foot required front yard setback and an 8-foot side yard setback variance from the 10-foot required side yard setback for the demolition and construction of a single-family home on Lot 1, Block 5 and Lot 16, Block 4, Red Cedar Point Lake Minnewashta." ADOPTED by the Chanhassen Planning Commission on this 4th day of March, 2008. CHANHAS SEN PLANNING COMMISSION Its Chairman CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 Planning Case No. O U -0 CITY OF CHANHASSEN . RECEIVED FEB 0 1 2008 DEVELOPMENT REVIEW APPLICATION CHANH.ASSENPLANNINGDEPT PLEASE PRINT A plicanl Name and Address: A\J E fi Nk w Jo 'BR &A SS6iL 8 9-1 \(I EVE( L.RN E:DeN YKAISILAAM 553 _i Contact: Phone: 5E- - 117ax: Email: Daut �c7xciaSSerG optt,Sco rp. eow*<, Owner Name and Address: 1AU To %Q05SEl2 Contact: Phone: 952' 31 - ►i 6-i Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X E ow for Filing Fee /Att rney Cost** $50 UP/SPR/VAAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: `When multiple applications are processed, the appropriate fee shall be charged for each application. SCA1414ED PROJECT NAME: b0l k s� U— ' ,EISI Dee C& LOCATION: 3 633 S ou-M tf-DA 12 LEGAL DESCRIPTION: LoT k I b 1-0CV�- 5 awa LOT l!o ,1B Lo* y R,CD UDA(- To)V3 1 M-E 1JLl15WWWO U-ytew -W asY to' of sA-m LD I& AN-D In CAST lo' of Lzol El ,aWAL y TOTAL ACREAGE: 0.'5 K / 15, 015 S,r% WETLANDS PRESENT: YES X NO PRESENT ZONING: 11�s�- REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 11)% N 5 jDti YKD SfTBA by- V WAO TO ALL 5w COw- flutivlom o F -N- Nl�-\N fbMf' w A S ITC \tj ii-- hN ou�>VO- CA$11-�, V NK1AWNCL" 1S kN Lv )17tT1on, A-rfAc4jCD LU-ATOv,. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 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. (W� 4 2co Signatturk e of Applica ate a al�lag Signature of Yetbwner Date 6DAMIED GApLAMforms\Development Review Application.DOC Rev. 12/05 -Trom the Home d David -T & Mary 5o A. Bangasser 8321 View Lane Eden Prairie, MN 9521937--1167 February 1, 2008 Ms. Angie Auseth Planner City of Chanhassen 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 Re: 3633 South Cedar Drive- Variance Request Dear Angie, CITY RECEIVEDr` SSE FEB 0 1 2008 CHANHASSEN pLANNING OEpT Per our meeting on this subject, attached are materials required for our application for variances from the front yard and side yard setback requirement in order to demolish our existing "cabin" to construct a new house. Attached please find the following materials: 1. Development Review Application- Variance 2. Check in the amount of $ 250.00 3. Certificate of survey prepared Engineering Design Services- 16 sets at 11x17. 4. Proposed floor plans and renderings- 16 sets 8.5x11. 5. Aerial Photo of the neighborhood. We ask that the planning staff as well as the Planning Commission and City Council consider the following relative to this request: • This property has been in the family as a 700 square foot cabin for four generations and we now plan to make this our permanent residence. • The property was platted in 1913, which predates the current zoning ordinances. The individual lots are smaller than current minimum sizes and as a result, the majority of the properties are either non -conforming or have received variances. • The side yard setback variance we are requesting is an existing condition with the east wall of the proposed home in the same location as the existing east wall. • The property line from which we are requesting the side yard variance was moved 10 feet to the west in the 1970's which explains why both of these parcels are shifted near their easterly property lines while maintaining in a relatively large 23 feet between the houses. • The distances proposed between this house and the neighbors on either side are greater than the distances between the majority of the houses in the area (see aerial photo.) In fact, of the 11 homes in the immediate area, the 23' between our SCANNED proposed house and the Plucinak home to the east is more than all existing home separation distances except one. • The 16' front yard setback proposed is significantly greater than neighbors on either side. • We have reduced the height of the house by "burying" the house into the hill and by placing the bedrooms in the normal roofline rather than creating another full floor. Therefore, we feel we have not impacted light and air to the adjacent properties. • Due to the narrow widths of our property and the Plucinak's property to the east, we have shared the use of the properties for many years and continue to do so. This includes access to the lake on our west property line; a common dock; a parking stall and sidewalks. • The overall size of the home is compatible with the neighbors on either side as shown on the survey. • Due to the narrow width of the property, we could not build a reasonable home without a variance. • We have taken steps to improve storm water run-off through the use of a slight berm along the shoreline as well as infiltration at planting beds in the retaining walls between the house and the lake. • We have met with both of our neighbors regarding our plans and have received their support. Thank you for your assistance in this matter. If you have any questions or comments, I can be reached at my office, 952/656-4457 or dave.bangasser@opuscorp.com. ncerely, Dave Bangas es r SCANNED co CERTIFICATE OF SURVEY RESIDENCE FOR: DAVE BANGASSER 3633 SOUTH CEDAR CHANHASEN, MN BENCHMARK El. 951.20 TOP OF CASTING OF SANITARY MANHOLE ON CEDAR DRIVE SOUTH, 200 FEET WEST OF INTERSECTION OF CEDAR DRIVE SOUTH & RED CEDAR POINT LEGEND DENOTES CONCRETE SURFACE DENOTES FOUND IRON MONUMENTS 0 DENOTES SET IRON MONUMENTS X999.99 DENOTES EXISTING ELEVATION 999.99 DENOTES PROPOSED ELEVATION Qs DENOTES SANITARY MANHOLE DENOTES DECIDUOUS TREE DENOTES CONIFEROUS TREE C-0.) DENOTES ELECTRIC POWER POLE MINIMUM SETBACKS FRONT STREET 30 FT. REAR YARD 30 FT. INTERIOR SIDE YARD 10 FT. HARDCOVER AREA IMPERVIOUS OF LOT 1 1000 SQ. FT. AREA TOTAL OF LOT 1 7920 SQ. FT. HARDCOVER OF LOT 1 12.6 % AREA IMPERVIOUS OF LOT 16 2418 SQ. FT. AREA TOTAL OF LOT 16 7105 SQ. FT. HARDCOVER OF LOT 16 34.0 % HARDCOVER OF COMBINED LOTS: 22.7 % NOTE 1Q IT IS NOT POSSIBLE TO HOLD PUBLIC PLATED RIGHT OF WAY DUE TO LONG STANDING EVIDENCE OF MONUMENTATION * ALL LOT LINE BEARINGS ARE ASSUMED * CONTRACTOR MUST VERIFY PROPOSED ELEVATIONS * NO SPECIFIC SOIL INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY THE SURVEYOR LEGAL DESCRIPTION Lot 1, Block 5, RED CEDAR POINT LAKE MINEWASHTA, Carver County, Minnesota Lot 16, Block 4, RED CEDAR POINT LAKE MINEWASHTA except the east 10.00 feet of said lot 16 and the east 10.00 feet of lot 17, Block 4, RED CEDAR POINT LAKE MINEWASHTA, Carver County, Minnesota 5' EASEMENT PERPETUAL 15' EASEMENT PERPETUAL — — \o — EDGE OF BIT; ED CEDAR OINT >>RO�n N s yAq° n » EDGE OF BIT. .egy0 I 2 1 I / I 14 ISETBAN LINE el I °q I � U / � �p y R p 0 C E D A RED EwAs E SIN L A K '- CERTIFICATION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the Laws of the State of Minnesota Veau 94a ti, e, Dated: 1 /23/08 Vladimir Sivriver MN Reg. No. 25105 ., I 1-10 tO _'4�q9 0' B1( Q y � pU. ..�•: 0 7 � e`' I ES• • '�� �� O 00 bb1. 7 Nw 4^� 54 `" j CSC• ��b� x 9 SCALE 1'=30' EAST LINE OF LOT 16 OHW 75 FT\SETBACK a 16 5 \ 17 X S VEY 4' EAST LINEOF LOT 17 a" ' 4c%149, p� / N75 80 �OHW=944.50 39 90 �''7°�p'�° /x 6480 Wayzata Boulevard, Minneapolis, MN 55426-1710 Phone: (763) 545-2800 E-mail: info(cDedsmn.com YYY111111��� _ ' Fax: (763) 545-2801 Web Site: littp://edsmn.com ENGINEEKING DESIGN & UR-S'EVING FT. 'MACK - \ 17 loST LI Curv-AA ,�x �YI/i o(i-s'JL,-hce - �e alwk' EXISTING, HOUSE, TO DEMOLISHE OF CHANHASSEN RECEIVED FEB 2 5 2008 OH W '11ANHASSEN PLANNING DEPT 11A Third Floor 950 sf Bangasser-Home 3633 South Cedar 41. S;acM,,tA. +(Is(($ 0 O w z z a U N Main Floor (2nd) 1,250 sf Bangasser Home 3633 South Cedar Screen or 3 Season Porch under deck Lower Level 1,250 sf NIC porch Bangasser Home 3633 South Cedar ' 1�-W �fJK Nog* S� 7 � �e A -cm- --TIP VIEW Vitoµ SE (LAV-t SATE ti y►• East Property Line from Lake -A .M.- -i M�vl West Property Line from Lake M 0 5 —5 W�, � 1 _� -,Prop'sed deck P`orc •K.� � � v •j{ a�yii�, F �, a .. lk to 8x & 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 February 21, 2008, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Bangasser Variance — Planning Case 08-04 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of re b a.r 52008. Notary Public "tlegT KIM T. MEUWISSEN Notary Public -Minnesota •.ss.My Commission Expires Jan 31, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 4, 2008 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for setback Variances for the demolition and Proposal: reconstruction of a single-family residence on property zoned Residential Single Family Applicant: Dave Bangasser Property 3633 South Cedar Drive Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the Citys projects web page at: www.ci.chanhassen.mn.us/serv/Dlan/08-04.htmi. If you wish to talk to someone about this project, please contact Angie Questions & Auseth by email at aauseth(a)ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. 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. The staff report for this item will be available online on the project web site listed above the Thursday Prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commeroiaUindustrial. • 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 Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 4, 2008 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for setback Variances for the demolition and Proposal: reconstruction of a single-family residence on property zoned Residential Single Family Ap licant: Dave Ban asser Property 3633 South Cedar Drive Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/08-04.htmi. If you wish to talk to someone about this project, please contact Angie Questions & Auseth by email at aauseth .ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. 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. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative js 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. Lake Minnewashta SUBJECT PROPERTY 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. If errors or discrepancies are found please contact 952-227-1107. 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. Lake Minnewashta SUBJECT PROPERTY 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. If errors or discrepancies are found please contact 952-227-1107. 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. PAMELA ANN SMITH GREGORY G & JOAN S DATTILO CHARLES F & VICKI L ANDING 3720 RED CEDAR POINT DR 7201 JUNIPER 6601 MINNEWASHTA PKWY EXCELSIOR, MN 55331 -9675 EXCELSIOR, MN 55331 -9614 EXCELSIOR, MN 55331 -9657 ELIZABETH J NOVAK GARY ALAN PETERSON & SUSAN A & JOHN R BELL 7210 JUNIPER KAREN AUDREY PETERSON PETER WOOD & LYNN M HAWLEY EXCELSIOR, MN 55331 -9613 1769 20TH AVE NW 4224 LINDEN HILLS BLVD NEW BRIGHTON , MN 55112 -5433 MINNEAPOLIS , MN 55410 -1606 RICHARD B & MARIANNE F ANDING TAB B & KAY M ERICKSON CAROLYN A BARINSKY 3715 SOUTH CEDAR 3720 SOUTH CEDAR 3719 SOUTH CEDAR EXCELSIOR, MN 55331 -9688 EXCELSIOR, MN 55331 -9687 EXCELSIOR, MN 55331 -9688 MARIANNE I & RICHARD B ANDING AARON J & ADRIENNE F THOMPSON JILL D HEMPEL TRUSTEES OF TRUST 3711 SOUTH CEDAR 3707 SOUTH CEDAR 3715 SOUTH CEDAR EXCELSIOR, MN 55331 -9688 EXCELSIOR, MN 55331 -9688 EXCELSIOR, MN 55331 -9688 ANVER L & ANNE K LARSON GREGORY & JOAN DATTILO GREGORY P ROBERTSON & 3705 SOUTH CEDAR 7201 JUNIPER AVE LESLIE M ROBERTSON EXCELSIOR, MN 55331 -9688 EXCELSIOR, MN 55331 -9614 3701 SOUTH CEDAR EXCELSIOR, MN 55331 -9688 THOMAS C & JACQUELINE JOHNSON MARY JO ANDING BANGASSER EMIL & PATRICIA SOUBA 3637 SOUTH CEDAR 8321 VIEW LN 14025 VALE CT EXCELSIOR, MN 55331 -9686 EDEN PRAIRIE, MN 55347 -1430 EDEN PRAIRIE, MN 55344 -3017 BETSY S ANDING PETER J & KARRI J PLUCINAK BIRUTA M DUNDURS 3618 RED CEDAR PT 3631 SOUTH CEDAR 3627 RED CEDAR POINT RD EXCELSIOR, MN 55331 -7720 EXCELSIOR, MN 55331 -9686 EXCELSIOR, MN 55331 -7721 CATHERINE J BLACK DOUGLAS B & JAMIE ANDERSON JEAN D LARSON TRUSTEE OF TRUST 3607 RED CEDAR POINT RD 3609 RED CEDAR POINT RD 362E RED CEDAR POINT RD EXCELSIOR, MN 55331 -7721 EXCELSIOR, MN 55331 -7721 EXCELSIOR, MN 55331 -7721 LUMIR C & SUSAN S PROSHEK EDWIN L & LIVIA SEIM DEBORAH S LOCKHART & 3613 RED CEDAR POINT RD TRUSTEES OF SEIM FAMILY TRUST DIANE LEESON ANDING EXCELSIOR, MN 55331 -7721 292 CHARLES DR 3618 RED CEDAR POINT RD SAN LUIS OBISPO , CA 93401 -9204 EXCELSIOR, MN 55331 -7720 STEVEN E & MARSHA E KEUSEMAN STEVEN P & LAURIE A HANSON STEPHEN M GUNTHER & 3622 RED CEDAR POINT RD 5901 CARTER LN HELEN KATZ-GUNTHER EXCELSIOR, MN 55331 -7720 MINNETONKA , MN 55343 -8966 3628 HICKORY RD EXCELSIOR, MN 55331 -9766 SCOT ALACEK GARY PETERSON GREGORY BOHRER 3630 HICKORY RD 1769 20TH AVE NW 3706 HICKORY RD EXCELSIOR, MN 55331 -9766 NEW BRIGHTON , MN 55112 -5433 EXCELSIOR, MN 55331 -9768 Public Hearing Notification Area (500 feet) Bangasser Variance 3633 South Cedar Drive Planning Case 2008-04 Lake Minnewashta QL C. C. SUBJECT PROPERTY JIIJ Page 1 of 1 Auseth, Angie From: Plucinak, Peter [Peter.Plucinak@adc.com] Sent: Saturday, February 16, 2008 9:56 AM To: Auseth, Angie Cc: dave.bangasser@opuscorp.com Subject: Bangasser Variance Attachments: Bangasser Variance Application 2-1-08.pdf Dear Ms. Auseth, We are the neighbors of Dave and Mary Jo Bangasser. This letter is confirm the Bangasser's have reviewed their plans for building a new home with my wife and I as they describe in their attached application. Our home is directly to the east of the Bangasser's current property. As stated in their application we have shared the properties for several years and as a result we are in full support of the Bangasser proposal and have no problem with their requested variance. Thank you for your consideration; if you have any additional questions for either my wife or myself please feel free to contact us directly. Regards, Pete & Karri Plucinak 3631 South Cedar Drive Chanhassen, MN. 952-474-6183 peter.plucinak@adc.com 2/26/2008