PC Staff Report 6-17-08
PC DATE: 6/17/08
[!]
CC DATE: 7/14/08
CITY OF CHANHASSEN
REVIEW DEADLINE: 7/15/08
CASE #: 07-28
BY: AA, 1M, 1S, ML
PROPOSED MOTION: "The Chanhassen Planning Commission recommends approval of
Planning Case #08-13 for a 4,145 square-foot variance from the maximum I ,000 square-foot
detached accessory structure for the construction of a 1,568 square-foot detached garage/shop on Lot
1, Block 1, The Hesse Farm 2nd Addition, subject to conditions 1 though 4 of the staff report and
adoption of the attached Findings of Fact and Action."
SUMMARY OF REQUEST: The applicant is requesting a 4,145 square-foot variance from the
1,000 square-foot size limitation for the construction of a 1,568 square-foot detached garage in
addition to a functioning barn (3,577 square feet) on an active farmstead.
LOCATION: 1425 Bluff Creek Drive
Lot 1, Block 1, The Hesse Farm 2nd Addition
APPLICANT: Brad and Heidi Moe
14372 Westridge Drive
Eden Prairie, MN 55347
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PRESENT ZONING: Rural Residential (RR)
2020 LAND USE PLAN: Residential-Large Lot (2.5 acre minimum, 1/10 acre outside MUSA)
ACREAGE: 8.04 acres
DENSITY: NA
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.
PROPOSAL SUMMARY
The applicant is requesting a variance to exceed the 1,000 square-foot maximum area for a detached
accessory structure. The property currently has a 3,577 square-foot functioning barn, ai, 152
square-foot detached two-car garage/shop, and a single-family home. The applicant is proposing to
demolish the single-family home and build a new home on the western portion of the property and
demolish the exiting garage/shop and relocate it where the house currently sits.
The proposed garage/shop is 416 square feet larger than the existing garage/shop. The garage will
house two tractors, a bobcat and farm truck along with the required maintenance equipment and
supplies necessary for the farming operation.
Moe Variance Request
Planning Case 08-13
June 17,2008
Page 2 of6
The Zoning Ordinance limits detached accessory structures to 1,000 square feet. While the size of
these accessory structures exceeds the maximum square footage by 4, 145 square feet, the property
located on Lot 1, Block 1, The Hesse Farm, 2nd Addition is an active farm and requires such
facilities to maintain the farm operation. The property is zoned Rural Residential (RR) which
permits agricultural use.
ADJACENT ZONING: The property owners are actively farming the land on which the proposed
garage is requested, as well as several off-site parcels. The limitation of a 1,000 square-foot
detached accessory structure is not a self-created hardship as the buildings are necessary for the
farm operation, which is a permitted use in the Rural Residential (RR) District. Staff is
recommending approval of the variance.
WATER AND SEWER: Water and sewer service is not available to the site until Municipal and
Urban Service Area (MUSA) phasing, scheduled for the year 2015.
APPLICABLE REGULATIONS
· Chapter 20, Division 3, Variances.
· Chapter 20, Article XI, Rural Residential (RR) District.
· Section 20-904 (1) Accessory Structures.
Moe Variance Request
Planning Case 08-13
June 17,2008
Page 3 of6
BACKGROUND
The property is located on Lot 1, Block 1, The Hesse Farm 2nd Addition, which is zoned Rural
Residential (RR). The subject property has an area of 350,222 square feet (8.04 acres). It has a
lot frontage of approximately 764 feet along Bluff Creek Drive, 512 feet along West Farm Road
and an average depth of greater than 500 feet. Minimum lot area in the RR district is two and
one-half acres. The site is a combination of trees, sloping topography and agricultural fields.
The existing home, barn and
detached garage were built cerca
1915 by Harold Hesse as a
farmstead. Staff has contacted
the Carver County Historical
Society regarding the historic
significance of the house and
barn. The house and barn will be
documented prior to demolition.
The property was subdivided in
1979 into The Hesse Farm 2nd
Addition. The current
homeowners are the daughter and
son-in-law of Harold Hesse who
have continued the 90-year
tradition of farming the property.
The original 300 plus acres of farmland has been reduced significantly to The Hesse Farm
Subdivisions; named for Harold Hesse. The applicant continues to farm over 36 acres under
their personal ownership (as shown above), as well as over 40 acres on neighboring properties.
Section 20-904 Accessory Structures
The current zoning ordinance pertaining to the maximum 1,000 square-foot detached accessory
structure was adopted in May of2007. Prior to that, City Code limited the size of detached
accessory structures for properties zoned Single Family Residential (RSF) and Mixed Low
Density Residential (R4) Districts, but not in the Low and Medium Residential District (RLM);
nor the Agricultural Estate (A2) and Rural Residential (RR) Zoning Districts since they were at
one time related to agricultural uses. While the City's comprehensive plan does not provide for a
purely agricultural land use, it does support the preservation of this use in greater Carver County.
As the City continues to grow, agricultural uses are being replaced by estate homes. In some
cases, contractors were purchasing the property and building accessory structures, in addition to
an attached garage, to house their business. The City Code prohibits the use of accessory
structures for home occupations. In order to address this issue, the code was amended to limit
Moe Variance Request
Planning Case 08-13
June 17,2008
Page 4 of6
the size of accessory structures to 1,000 square feet in all districts that permit single-family
homes. At that time it was presumed that legitimate agricultural uses which came in to construct
or expand agricultural buildings would be able to receive a variance for such expansion since the
size of the structure is related to its use for agricultural purposes. The hardship would relate to
the ability to maintain the farming operation.
The original 3,577 square-foot barn is
still being used to house over 5,000
bales of hay each season. There is also
an existing 1,152 square-foot detached
garage/shop which is being utilized as a
workshop and storage for the farm
equipment. The homeowner intends to
remove the existing garage following approval and construction of the proposed 1,568 square-
foot detached garage/shop. As a condition of approval, staff will require financial security to
ensure the existing garage is, in fact, removed upon construction of the proposed garage/shop.
ANALYSIS
The proposed garage is to be located
where the house currently sits following
the removal of the house. The Carver
County Historical Society has been
notified and will document the structure
prior to its demolition. A demolition
permit is required for the removal ofthe
house.
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Over the past several years, the applicant has removed over 6,360 square feet of dilapidated
detached accessory structures including a 400 square-foot metal pole building, two Quonset
buildings, a 1,200 square-foot and an 800 square-foot building, as well as two corrugated steel
grain bins removed last fall. The applicant removed the structures with the assumption that they
could be replaced with new, improved structures. The City Code allows a nonconforming use or
structure to continue or be replaced provided it has not been discontinued for a period of more
than one year. However, the nonconforming structures were removed over 12 months ago;
therefore, the removed square footage may not be taken into account for the construction of the
proposed garage.
The purpose of the request to exceed the 1,000 square-foot accessory structure limitation is to
continue the farming operation on the parcel. Agricultural uses were addressed in the discussion
ofthe amendment in 2007, in that it would be a reasonable request to a variance based on a
legitimate agricultural use. The request to exceed the 1,000 square feet for detached accessory
structures is not a self-created hardship, as the building(s) are used for the storage and repair of
Moe Variance Request
Planning Case 08-13
June 17,2008
Page 5 of6
farm equipment. Denial of the variance could lead to a hardship in the applicant's ability to
continue the 90-year farm operation.
Permitted Use
Agriculture and storage buildings are permitted uses in the
Rural Residential (RR) district. An essential part of the
agricultural business is the use of accessory buildings for
storage and repair of farm supplies and equipment. The
applicant's variance request to exceed the 1,000 square-foot
accessory structure limitation is reasonable as the garage/shop
is essential to the continuation of the farm operation on the
property.
Section 20-58 (1) of the City Code defines reasonable use by
comparable property within 500 feet of the subject site. There
are two active farms within 500 feet of the subject site with
accessory structures exceeding 1,000 square feet in size
(shown at right).
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion and the adoption of
the attached findings of fact and action:
"The Chanhassen Planning Commission recommends approval of Planning Case #08-13 for a
4,145 square-foot variance from the maximum 1,000 square-foot detached accessory structure for
the construction ofa 1,568 square-foot detached garage/shop on Lot 1, Block 1, The Hesse Farm 2nd
Addition, based on adoption of the attached Findings of Fact and Action, subject to the following
conditions:
1. The applicant must apply for a demolition permit prior to removal of any structures.
2. The applicant must apply for a building permit.
3. The applicant must supply a financial security for the removal of the existing garage upon
completion of the proposed garage. The old garage must be removed within 30 days after
issuance of a certificate of occupancy for the new garage.
4. The accessory structure may only be used for private residential or agricultural/farming-related
uses."
Moe Variance Request
Planning Case 08-13
June 17,2008
Page 6 of6
ATTACHMENTS
1. Findings of Fact and Action.
2. Development Review Application.
3. Reduced copy of lot survey.
4. Proposed Elevation of the garage/shop.
5. Floor plan for the garage/shop.
6. Public Hearing Notice and Affidavit of Mailing.
g:\plan\2008 planning cases\08- I3 moe variance\variance report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Brad and Heidi Moe for a 4,145 square-foot variance to permit the
construction of a 1,568 square-foot detached garage/shop for agricultural purposes - Planning
Case No. 08-13.
On June 17,2008, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the Application of Brad and Heidi Moe for a 4,145 square-foot variance
from the 1,000 square-foot size limitation for detached accessory structures for the construction
of a detached garage/shop for agricultural purposes at 1425 Bluff Creek Drive, located in the Rural
Residential District (RR) on Lot 1, Block 1, The Hesse Farm 2nd Addition. 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
I. The property is currently zoned Rural Residential (RR).
2. The property is guided by the Land Use Plan for Residential-Large Lot (2.5 acre minimum,
1/10 acre outside the MUSA).
3. The legal description ofthe property is: Lot I, Block 1, The Hesse Farm 2nd Addition.
4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not
grant a variance unless they find the following facts:
a. The literal enforcement of the ordinance does create a hardship. The property is zoned
Rural Residential (RR) which permits agricultural uses and storage buildings. The property
is an active farm operation which requires multiple storage buildings for the storage of farm
supplies and equipment. The ordinance was changed in May 2007 limiting detached
accessory structures to 1,000 square feet with the presumption that a request to exceed the
square footage limitation for a legitimate farm operation would be reasonable. There are
two active farms within 500 feet of the subject site, both of which have detached accessory
structures that exceed the 1,000 square foot limitation for the storage of related farm
equipment and supplies.
b. The conditions upon which this variance is based are not applicable to all properties in the
RR zoning district. City Code was changed in May of 2007, limiting the size of a detached
accessory structure in the RR district to 1,000 square feet. The subject site is unique due to
the fact that it is an active farmstead and the applicant is continuing the 90 year tradition of
1
farming 70 plus acres ofland. The detached accessory structures are an essential part of the
farm operation for the storage and maintenance of supplies and equipment.
c. The purpose of the variation is not based on the desire to increase the value or income
potential of the parcel of land. The purpose of the variance is to update an old storage and
repair garage as they continue the farming operation over 70 plus acres ofland.
d. The alleged hardship of exceeding the 1,000 square-foot maximum accessory structure is
not a self-created hardship. The purpose ofthe applicants' request is to continue the 90 year
tradition of farming on the subject site, which requires storage buildings in excess of 1,000
square feet. The applicant farms over 36 acres under their personal ownership, as well as
over 40 acres on neighboring properties. Storage buildings are essential to the farm
operation in order to store and repair the necessary farm supplies and equipment. The
ordinance was changed in 2007 to limit home occupations run out of accessory structures.
At that time, it was presumed that legitimate agricultural uses which came in to construct
or expand agricultural buildings would be able to receive a variance for such expansion
since the size of the structure is related to its use for agricultural purposes. The hardship
would relate to the ability to maintain the farming operation.
e. 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. The parcel is zoned Rural
Residential (RR) and is eight acres in size and is an active farm. The applicant farms over
76 acres of personal and neighboring property in the area. The site currently has a 95 year
old active barn that holds over 5,000 hay bales each season. The addition will have minimal
impact on the neighboring properties and is an essential part of the farm operation.
f. The proposed variation will not impair an adequate supply oflight and air to adjacent
property or substantially increase the congestion ofthe public streets. The garage/shop will
be located where the existing house is and will serve the same purpose as the current
garage/shop that will be removed. The equipment to be stored in the proposed garage/shop
is currently on the site and is currently being used for farming neighboring properties. The
addition of the garage/shop will not increase traffic congestion on the Bluff Creek Drive.
The garage/shop is within the required setbacks and impervious surface requirements of the
property.
5. The planning report #08-13, dated June 17,2008, prepared by Angie Auseth, et aI, is
incorporated herein.
ACTION
"The Board of Adjustments and Appeals approves Planning Case #08-13 for a 4,145
square-foot variance from the maximum 1,000 square-foot detached accessory structure for an the
construction ofa 1,568 square-foot detached garage/shop on Lot 1, Block 1, The Hesse Farm 2nd
Addition, based on these findings of fact."
2
ADOPTED by the Chanhassen Planning Commission on this 17th day of June, 2008.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
g:\plan\2008 planning cases\08-13 moe variance\findings of fact.doc
3
Planning Case NO.O'8 -l3
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
CRIner t'!JlM&jS:
Contact: .
Phone: 9;;2::;3?~/3Fax: /1/1/1-
Email: r. fV/.oe t} ~ahoo< COl4'1
/
Contact:
Phone:
Email:
Fax:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Temporary Sales Permit
Interim Use Permit (IUP)
Vacation of Right-of-Way/Easements (VAC)
+ Variance (VAR)
Wetland Alteration Permit (WAP)
Conditional Use Permit (CUP)
Non-conforming Use Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign - $200
(City to install and remove)
Site Plan Review (SPR)*
X Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPRlVACNARlWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ /a S"O. r Dc\. (~-=M 5<./8 J
,
Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a diaital 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.
6CAtltlEO
PROJECT NAME:
M o-e- 'Vel{ \ Cl (I C z..
/ Lf2S 6Jut; eleen. {J f ;"U:
lOT / I J6~{)Ck
~5 -- :3 3;;too \ a
/ :1te.;-/FS5E /~412 141-
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LOCATION:
LEGAL DESCRIPTION AND PID:
~t'1J- J4/d/~
13'
TOTAL ACREAGE:
WETLANDS PRESENT:
YES
1NO
PRESENT ZONING:
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:
FOR SITE PLAN REVIEW: Include number of existing employees:
and new employees:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
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Date
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Date
G:\Plan\~~~~'s~hete'opment Review Application.DOC
'CANNED
Rev. 1/08
Written justification for approval of variance at 1425 Bluff Creek Drive
To allow construction of replacement Shop Accessory Structure over 1,000 square feet.
Concerning City of Chanhassen Code
Sec. 20-904. Accessory structures.
My wife Heidi and I intend to build a new home on the homestead property located at
1425 Bluff Creek Drive within the City of Chanhassen. Our intentions are to continue the
90 year Hesse Farm farming tradition. Heidi was raised on the property and her father
Harold Hesse was born, lived, and worked his entire live on the farm. After careful
consideration we are preparing to demolish the existing home and detached four car
shop, the barn will remain as it is an essential part of the farm operation housing more
than 5,000 bales of hay each season and one the few actively working old barns within
the City of Chanhassen.
Logically it is our intent replace the existing shop once it is removed. We intend to build
the new shop in the location of the existing home. Once the new shop is constructed the
existing four car shop will be removed, and we will then begin construction on the new
home.
The proposed shop will function as a repair and storage area for tractors and equipment
for the operation of the farm, as the existing but aging shop currently does. The new
structure will be approximately 28' x 56'.
We are asking for a variance of Code Sec. 20-904, if the code is enforced it would cause
undue hardship for our family. The homestead property has always been operated as a
farm within our family; it is actually one of the few remaining original farms in
Chanhassen. The 300+ acre farm has been reduced due to the Hesse Farm
subdivisions, but is still very active. We currently farm 10 acres that we own on the north
side of the Farm, 21 + acres that we own on the south side and approximately 5 acres on
the homestead. We also do considerable farming on neighboring properties to the
extent of approximately 40+ acres. In order to facilitate the farming operation I need
tractors and equipment. With the removal of all the sheds and shops, I need a location
to repair, store and maintain my tractors and equipment. The new shop will hold two
large tractors, a bobcat, and farm truck, along with all required maintenance equipment
and supplies. Not having a shop to repair and store tractors and equipment will not
allow us to continue our farm operation.
Over the past several years I have made every effort to clean up the property, remove
debris, and repair older structures. We recently spent $40,000 in repairs to maintain the
95 year old barn. If we are not allowed to construct a shop that is a necessity for the
farm operation, there will also be no reason to continue the expense of maintaining the
barn, which we would then be forced to remove.
My understanding is that because the proposed shop is a 4 feet wider and 12 feet longer
than the existing shop we are required to pay the $250 variance fee, plus the cost to
notify all neighbors, write a narrative request, and wait for a month for decision from the
planning commission, because of ordinance Sec. 20-904 was recently enacted.
It is also my understanding that the City will not allow credit for the numerous structures I
have previously removed from the homestead because they were removed more than
12 months ago. The square footage of the properties I previously removed (40' x 100'
metal pole building, 26' x 60' Quonset shop, and 20' x 40' add up to 6.360 SQuare feet
not including the basement of the hog barn or the two corrugated steel grain bins I
removed last fall. The removal of these structures was based upon the assumption that
I could replace some of the structures with new improved farm structures. To say the
least, we find this very frustrating!
Heidi and I await your approval of the variance to allow us to continue the farm operation
and for our children to be raised as forth generation farmers on the Hesse Farm.
Brad & Heidi Moe
952-937-9913 Home
952-465-8611 Cell
952-200-7218 Cell
bradmoe@vahoo.com
heidiRmoe@yahoo.com
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SCANNED
CITY OF CHANHASSEN
AFFIDA VIT 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
June 5, 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 the
Moe Variance Request - Planning Case 2008-15 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 S+kday of :Jun-L , 2008.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time: Tuesday, June 17, 2008 at 7:00 p.m. This hearing may not start
until later in the evenino, deoendino on the order of the aoenda.
Location: City Hall Council Chambers, 7700 Market Blvd.
Request for Variance from Section 20-904 for accessory
Proposal: structures in excess of 1,000 square feet on property zoned
Rural Residential (RR).
Applicant: Brad Moe
Property 1425 Bluff Creek 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 proiect.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.cLchanhassen.mn.us/serv/plan/08-13.html. If you wish to
talk to someone about this project, please contact Angie
Questions & Auseth by email at aauseth@cLchanhassen.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 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
somethinq to be included in the report, please contact the Planninq Stat! person named on the notification.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time: Tuesday, June 17, 2008 at 7:00 p.m. This hearing may not start
until later in the evening, dependina on the order of the aaenda.
Location: City Hall Council Chambers, 7700 Market Blvd.
Request for Variance from Section 20-904 for accessory
Proposal: structures in excess of 1,000 square feet on property zoned
Rural Residential (RR).
Applicant: Brad Moe
Property 1425 Bluff Creek 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.cLchanhassen.mn.us/serv/plan/08-13.html. If you wish to
talk to someone about this project, please contact Angie
Questions & Auseth by email at aauseth@cLchanhassen.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 commerciallindustrial.
. 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
somethino to be included in the report, please contact the Planninq Staff person named on the notification.
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 9466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shail not be liable for any damages, and expressly
waives ail claims, and agrees to defend, indemnify, and hold harmless the City from any and ail claims
brought by User, its employees or agents, or third parties which arise out of the use~s access or use of
data provided.
Disclaimer
This map is neither a iegaily 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 9466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shail not be liable for any damages. and expressly
waives ail claims, and a9rees 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 use~s access or use of
data provided.
RONALD R SYMANITZ &
RAYMOND P SYMANITZ
13560 SKYLINE CIR
SHAKOPEE , MN 55379 -8708
ROBERT G & JUDY I STEFFES
TRUSTEES OF TRUSTS
1350 HESSE FARM RD
CHASKA , MN 55318 -9523
MICHAEL G & KATHY A ARNOLD
1400 HESSE FARM RD
CHASKA, MN 55318 -9523
KENNETH 0 & JUDY M EIDE
1500 WEST FARM RD
CHASKA , MN 55318 -9528
JEFFREY A JONCKOWSKI &
BRENDA C JONCKOWSKI
1315 BLUFF CREEK DR
CHASKA, MN 55318 -9515
MICHAEL & JODI PARADIS
10421 BLUFF CIR
CHASKA, MN 55318 -9534
KIRK A MACKENZIE
PO BOX 1759
ANNA MARIA, FL 34216 -1759
NICHOLAS & FRANKIE EVANOFF
1401 HESSE FARM RD
CHASKA, MN 55318 -9524
JOHN D & DURENE KLlNGELHUTZ
C/O KLlNGELHUTZ CONST CO
350 HIGHWAY 212 E
CHASKA , MN 55318 -2144
ROBERT R JR & MARY C FAFINSKI
1520 WEST FARM RD
CHASKA, MN 55318 -9528
JAMES A & CARLA J STRUBLE
1405 WEST FARM RD
CHASKA, MN 55318 -9517
JOHN R & JILL E MATUSCAK
1501 WEST FARM RD
CHASKA , MN 55318 -9528
BLUFF CREEK GOLF ASSOC
1025 CREEKWOOD DR
CHASKA, MN 55318 -9647
CRAIG & GINNY VLAANDEREN
745 JOHNS WELL CT
ARGYLE, TX 76226 -1730
BRADLEY S & HEIDI R MOE
14372 WESTRIDGE DR
EDEN PRAIRIE, MN 55347 -1737
~
Public Hearing Notification Area (500 feet)
(Subj ect Property Highlighted in Yellow)
Moe Variance Request
1425 Bluff Creek Drive
Planning Case 2008-13