PC Staff Report 1-6-09
CC DATE: 1/26/09
[2]
PC DATE: 1/6/09
CITY OF CHANHASSEN
REVIEW DEADLINE: WAIVED
CASE #: 08-23
BY: AA, JM, JS, ML, TJ
PROPOSED MOTION: "The Chanhassen Planning Commission denies Planning Case #08-23
for a bluff setback and vegetation removal variance, a water-oriented accessory structure variance
and a detached accessory structure variance for the construction of a 480 square-foot water-
oriented structure, located at 6250 Ridge Road, with conditions 1 and 2 on page 9 of the staff
report and adoption ofthe attached Findings of Fact and Action."
SUMMARY OF REQUEST: The applicant is requesting an II-foot bluff setback variance
from the 30-foot bluff setback and removal of vegetation, a 230 square-foot water-oriented
accessory structure variance from the 250 square-foot maximum and a 286 square-foot detached
accessory structure variance from the 1,000 square-foot maximum for the construction of a 480
square-foot water oriented structure (shed/deck).
LOCATION: 6250 Ridge Road (Legally described in Exhibit A)
APPLICANT: Christophe and Nadine Beck
6250 Ridge Road
Chanhassen, MN 55317
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PRESENT ZONING: Single Family Residential (RSF)
2020 LAND USE PLAN: Residential-Low Density (1.5 - 4 units per acre)
ACREAGE: 0.78 acres; 32,241 square feet
DENSITY: N/ A
ADJACENT ZONING: The properties to the north, south, and east are zoned Single Family
Residential (RSF). Christmas Lake is located to the west.
WATER AND SEWER: Water and sewer service is available to the site.
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.
Beck Variance Request
Planning Case 08-23
January 6, 2009
Page 2 of9
PROPOSAL SUMMARY
The applicant is requesting an after-the-fact area and setback variance for the construction of a
water-oriented accessory structure located near the shoreline of Christmas Lake. The water-oriented
structure consists of an 80 square-foot shed and a 400 square-foot deck, to be referred to as the
"shed/deck" or "structure".
The property, with an area of32,241 square feet, is a riparian lot, zoned Single Family Residential
(RSF), and located on the east side of Christmas Lake. It contains a bluff located within the
westerly portion ofthe site.
Staff received a phone call in October 2008. The caller was concerned that the construction ofthe
structure was being done without a permit. Staff conducted an inspection on October 17, 2008 and
issued a stop work order at the site as a building permit had not been applied for, nor did the
structure meet City Code requirements for a water-oriented structure.
Beck Variance Request
Planning Case 08-23
January 6,2009
Page 3 of9
Staff met with the applicant and explained all ofthe options to bring the structure into compliance.
As a result, the applicant submitted a variance application which included a survey. The survey
denoted all property lines, structures, the toe of the bluff and the Ordinary High Water (OHW)
mark. City Code requires structures to maintain a minimum setback from these features.
When the surveyor marked the property lines, it was noted that the structure not only encroached
into the required side yard setback, but it was located over the property line, encroaching into the
neighboring property. The applicant has agreed to move the shed/deck to meet the required 10-foot
shoreland setback, measured from the OHW, as well as the lO-foot side yard setback, off the
neighbor's property.
While the structure will meet the side and shoreland setback requirements, the proposed structure
does not comply with the following City Code requirements:
. It exceeds the 250 square-foot size limitation for a water-oriented structure by 230 square feet;
. It encroaches 11 feet into the required 30-foot toe-of-bluff setback;
. It includes removal of vegetation beyond the 30% within the shoreline and bluff impact zone; and
. It exceeds the 1,000 square-foot detached accessory structure size limitation by 286 square feet, as
an 806 square-foot detached garage is currently located on the property.
The applicant has reasonable use of the property, which includes a single-family home and two two-
car garages. Additionally, a 194 square-foot water oriented structure can be constructed on the site
in compliance with all City Code requirements. Therefore, this request is a self-created hardship, as
defined by the City Code. Staff is recommending denial of the variance request.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3, Variances.
Chapter 20, Article VII, Shoreland Management District.
Chapter 20, Article XII, Single Family Residential (RSF) District.
Chapter 20, Article XXIII, Section 20-904. Accessory Structures.
Chapter 20, Article XXVIII, Bluff Protection.
Beck Variance Request
Planning Case 08-23
January 6, 2009
Page 4 of9
BACKGROUND
The property is
located at 6250 Ridge
Road, and is an
unplatted lot, zoned
Single Family
Residential (RSF).
The lot has an area of
32,241 square feet
(0.78 acres). The
minimum lot area for
a riparian lot in the
RSF district is 20,000
square feet. In
addition to the
lakeshore, there is a
bluff located in the
rear yard of the property.
I
/
Several of the homes on the neighboring properties were constructed in the 1950's and '60's.
However, the original home on the subject site was demolished and the new home was built in
2002. The 806 square-foot detached garage was later constructed in 2003. The current home,
detached garage and site conditions (23% hard surface coverage) are in compliance with City
Code.
ANAL YSIS
The intent ofthe applicant's proposal
is to provide storage for their water-
oriented equipment; rather than carry
it up and down the bluff. The shed is
built on a floating slab, so it can be
moved to meet the side yard and
shoreland setback requirements. The
80 square-foot shed meets the intent of
the water-oriented structure and size
limitations ofthe City Code.
The applicant states that the area near
the lake does not grow grass due to the
canopy coverage of the trees. After
researching various landscaping
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Beck Variance Request
Planning Case 08-23
January 6, 2009
Page 5 of9
options, their solution was to construct the 400 square-foot deck. The deck is constructed in
sections and is not permanently affixed to the ground, so it can be removed if necessary. The
additional square footage of the deck exceeds the size limitation for water-oriented accessory
structures and, combined with the existing detached garage and proposed shed, exceeds the size
limitation for detached accessory structures on a parcel or property.
Compliance
The applicant is requesting an II-foot bluff setback and vegetation removal variance, a 230
square-foot water-oriented accessory structure variance, and a 286 square-foot detached
accessory structure variance for the construction of a 480 square-foot water oriented structure
(shed/deck). However, a 194 square-foot water-oriented structure can be constructed and
comply with the required setback and accessory structure size limitations. This would permit the
proposed 80 square-foot shed and a deck, not to exceed 114 square feet.
The picture on the right
illustrates the existing
clearing within the
shoreline impact zone.
The current clearing
appears to meet or exceed
what is permitted by
ordinance.
Section 20-482 (2)(b)(4)
states that: "The clearing
shall be limited to a strip
30 percent oflot width or
30 feet, whichever is
lesser, parallel to the
shoreline and extending
inward within the shore
and bluff impact zones."
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The applicant's proposal requires the removal of an additional tree within the shoreline impact
zone, thus necessitating an additional variance from the above-mentioned ordinance.
Beck Variance Request
Planning Case 08-23
January 6, 2009
Page 6 of9
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Applicant's Proposal: 480 square-foot shed/deck
Compliance with City Code: 190 square-foot shed/deck
As shown in the survey on the left the proposed water oriented-structure (in yellow) encroaches
significantly into the bluff setback and into the bluff impact zone, which is the first 20 feet
adjacent to the toe of the bluff. With the placement of the applicant's proposed structure, a large
hardwood tree would need to be removed.
However, as shown in the survey on the right a water-oriented structure (in orange) can be
constructed which complies with the bluff, shoreland, and property line setbacks, complies with
the size limitations of water-oriented structures and detached accessory structures limitations,
and saves the tree from being removed. The shed is 80 square feet, which is consistent with the
applicant's proposal. The deck shown is 110 square feet (11' x 10'). The area of the deck may
not exceed 114 square feet in size to maintain compliance with City Code.
Beck Variance Request
Planning Case 08-23
January 6,2009
Page 7 of9
In staffs illustration, the combined area of the shed and deck is 190 (up to 194)
feet total. While this is less than the 250 square-foot water-oriented structure
allowed by the Shoreland Management District; the combined square
footage of the existing 806 square-foot detached garage and
shed/deck may not exceed the 1,000 square-foot detached
accessory structure limitation. The more restrictive
ordinance takes precedent.
500 Feet
Staff surveyed the properties within 500 feet of the
subject site to determine if there were pre-existing
conditions in the neighborhood that would warrant granting
a vanance.
Several of the neighboring homes were built prior to the adoption of the Shoreland District
Regulations, some of which have water-oriented structures that do not meet current zoning
ordinance. Staff researched the neighboring properties' building files and past aerial photographs
to try and determine the status of the adjacent water-oriented structures. It is unclear when they
were constructed.
Beck Variance Request
Planning Case 08-23
January 6,2009
Page 8 of9
Bluff
For lands within a Shoreland Management District, the "bluff impact zone" is the first 20 feet of
the 30-foot setback for structures proposed to be built in bluff areas that are located immediately
adjacent to an 18 percent or steeper slope. This 20- foot bluff impact area should not be disturbed
either by removing the vegetation or by excavation. Diseased or dying vegetation may be
removed, and selective pruning of branches is permitted to allow a view.
Shoreland Management
The shoreland management district has been in effect since 1986 and, generally, follows DNR
standards for riparian lots. The ordinance was amended in 1994, consistent with DNR
regulations, including the current guidelines for water-oriented structures.
Water-oriented accessory structure or facility means a small, above-ground building or other
improvement, except stairways, fences, docks, and retaining walls which, because of the
relationship of its use to a surface-water feature, reasonably needs to be located closer to public
waters than the normal structure setback. Examples of such structures and facilities include
boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.
Sec 20-481 (e)
(2) Water-oriented accessory structures. Each lot may have one water-oriented accessory
structure not meeting the normal structure setback in subsection 20-481 (a) if this water-
oriented accessory structure complies with the following provisions:
a. The structure or facility shall not exceed ten feet in height, exclusive of safety rails, and
cannot occupy an area greater than 250 square feet. Detached decks shall not exceed
eight feet above grade at any point.
b. The setback of the structure or facility from the ordinary high water level shall be at least
ten feet;
f. As an alternative for general development and recreational development waterbodies,
water-oriented accessory structures used solely for watercraft storage, and including
storage of related boating and water-oriented sporting equipment, may occupy an area of
up to 400 square feet provided the maximum width of the structure is 20 feet as measured
parallel to the configuration of the shoreline.
The purpose of the limitations to the size of a structure and the proximity to lake is to minimize
the disturbance in the shoreline impact or buffer area. A more natural buffer area reduces runoff
which in turn causes less erosion and sediment deposition, as well as more wildlife habitat. The
increased volume of runoff into the lake as well as the amount of sediment and other pollutants
Beck Variance Request
Planning Case 08-23
January 6,2009
Page 9 of9
decrease the water quality of public waters. Therefore, any increased disturbance and hardcover
due to the construction of the shed/deck will result in an impact to Christmas Lake. As stated
previously, the vegetation removed within the shoreline impact zone appears to meet or exceed
what is permitted by the Shoreland Management District; any additional removal requires an
additional variance request.
The applicant has not demonstrated a hardship that would warrant the granting of a variance.
According to criteria outlined in the City Code for granting a variance, reasonable use within the
RSF district is defined as a single-family home and a two-car garage. As such, the applicant has
a reasonable use of the property with the existing home, an attached two-car garage and a
detached two-car garage. Additionally, a water-oriented structure can be constructed to comply
with City Code.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion and the attached
Findings of Fact and Action:
"The Chanhassen Planning Commission denies Planning Case #08-23 for a an II-foot bluff
setback and vegetation removal variance; a water-oriented accessory structure variance; and a
detached accessory structure variance for the construction of a 480 square-foot water-oriented
structure, legally described in Exhibit A; adoption of the attached Findings of Fact and Action
with the following conditions:
1. The combined square footage of the water-oriented accessory structure (shed/deck) may not
exceed 194 square feet;
2. A building or zoning permit must be applied for and approved prior to completion of the water -
oriented structure to ensure compliance with City Code."
ATTACHMENTS
1. Findings of Fact and Action.
2. Email from John Gleason, Area Hydrologist, MN DNR Waters dated December 23,2008.
3. Development Review Application.
4. Development Review Deadline Waiver.
5. Reduced copy oflot survey.
6. Exhibit A (Legal Description of Subject Site).
7. Public Hearing Notice and Affidavit of Mailing.
g:\plan\2008 planning cases\08-23 beck variance\staff report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Christophe and Nadine Beck for a bluff setback and vegetation removal
variance, a water-oriented accessory structure variance and a detached accessory structure
variance for the construction of a 480 square-foot water-oriented structure (shed/deck) in the
Single-Family Residential (RSF) District - Planning Case No. 08-23.
On January 6,2009, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Christophe and Nadine Beck for an 11- foot bluff setback
and vegetation removal variance from the 30-foot bluff setback, a 230 square-foot water-oriented
accessory structure variance from the 250 square-foot maximum, and a 286 square-foot detached
accessory structure variance from the 1,000 square-foot maximum for the construction of a 480
square-foot water oriented structure (shed/deck) at 6250 Ridge Road, located in the Single Family
Residential District (RSF). The Planning Commission conducted a public hearing on the
proposed variance that was preceded by published and mailed notice. The Planning Commission
heard testimony from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential (RSF).
2. The property is guided by the Land Use Plan for Residential-Low Density (1.2 - 4 units per
acre). .
3. The legal description of the property is shown in the attached Exhibit A.
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 these criteria.
Finding: The literal enforcement of this chapter does not cause an undue hardship. The
applicant currently has reasonable use of the property including a single-family home, an
attached two car garage and a detached two car garage. The applicant can construct a water
oriented structure in compliance with the shoreland, bluff, setback and structure size
limitation as well as save trees on the site. Therefore, the variance request is a self-created
hardship.
1
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions upon which this variance is based are applicable to all residential
riparian properties. A water oriented structure can be constructed on the site in compliance
with all zoning regulations.
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 request is not based on the desire to increase the value of the
home. The property owner's intent is to have a storage area for water-oriented equipment
and an attached deck. The applicant can construct the proposed 80 square-foot shed, as well
as a deck, not to exceed 114 square feet, in compliance with the City Code.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The applicant has reasonable use of the property, as a single-family home with an
attached two-car garage and a detached two-car garaged are currently located on the site.
The applicant can construct up to a 194 square-foot water-oriented structure (shed/deck)
within the requirements of the City Code. This request is a self-created hardship.
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 may be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located. The purpose
of the size limitations of water-oriented structures is to minimize the disturbance in the
shoreline and bluff impact areas. A more natural buffer, or impact area, reduces runoff
which in turn causes less erosion and sediment deposition, as well as more wildlife
habitat. An increased volume of runoff into the lake as well as the amount of sediment
and other pollutants decrease the water quality of public waters. Therefore, any increased
disturbance and hardcover due to the construction of the shed/deck will result in an
impact to Christmas Lake.
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 shed/deck will not impair an adequate supply oflight 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 planning report #08-23, dated January 6,2009, prepared by Angie Auseth, et aI, is
incorporated herein.
2
ACTION
''The Planning Commission denies Planning Case #08-23 for a bluff setback and
vegetation removal variance, a water-oriented accessory structure variance and a detached
accessory structure variance for the construction of a 480 square-foot water-oriented structure on
property legally described in the attached Exhibit A, based on these findings of fact."
ADOPTED by the Chanhassen Planning Commission on this 6th day of January, 2009.
CHANHASSEN CITY PLANNING COMMISSION
BY:
Its Chair
g:\plan\2008 planning cases\08-23 beck variance\I-6-09 fmdings of fact.doc
3
Auseth, Angie
From:
Sent:
To:
Subject:
John Gleason [John.Gleason@dnr.state.mn.us]
Tuesday, December 23, 2008 1 :01 PM
Auseth, Angie
Beck Variance
Ms. Auseth:
I am writing this letter in response to the letter from you dated December 8 regarding the
Beck variance application for their property at 6250 Ridge Rd.
In general we oppose setback variances from bluffs.
offer some consumer protection as bluffs are prone
from the DNR Waters website with some more detailed
associated technical issues. The website is:
http://www.dnr.state.mn.us/permits/water/answers.html#bluff
The intent of a setback from bluffs to
to erosion. I have included a excerpt
information on development on bluffs and
Please review the following information. I have provided it to assist the City in your
review of this variance application.
"For lands within a Shoreland Management District, a "bluff" is defined as land draining
toward a water body, which rises more than 25 feet above the water body and exceeds more than
30 percent rise in grade. A "steep slope" within the Shoreland Management District is land
that exceeds 12 percent in grade. Any land that exceeds 12 percent in grade is poorly suited
for either agricultural activity or development if its natural vegetation is removed because
precipitation on an exposed slope that steep will erode. Agriculture experts recommend that
land above 6 percent grade not be tilled because of erosion probabilities. Architects claim
that homes can be built in slopes that approach 18 percent grade if proper geo-technical
precautions are followed.
To provide for some consumer protection, the rules for lands within a Shoreland Management
District state that building sites should be located 30 feet either above or below the top or
toe of a bluff (defined as that point where the grade becomes less than 18 percent). In
situations where land slopes exceed 12 percent, expertise should be obtained to ensure that
any proposed development meets requirements, does not create erosion during construction, and
does not lead to problems from gravitational slippage after construction (i.e., when soils
become saturated with precipitation and gravitational forces on the structure move it down
slope). City or county planning/zoning officials should be contacted for district boundaries,
requirements, and best management practices before undertaking any construction activity in
these areas that will be highly vulnerable to erosion and soil slippage.
For lands within a Shoreland Management District, the "bluff impact zone" is the first 20
feet of the 30-foot setback for structures proposed to be built in bluff areas that are
located immediately adjacent to an 18 percent or steeper slope. This 20-foot bluff impact
area should not be disturbed either by removing the vegetation or by excavation. Diseased or
dying vegetation may be removed, and selective pruning of branches is permitted to allow a
view. Local officials should be contacted for district boundaries and requirements before
undertaking these types of activities."
Regards,
Jack
John (Jack) Gleason,
1
Area Hydrologist -West Metro
MN DNR Waters
1200 Warner Road
St. Paul, MN 55106
651-259-5754 (W)
651-772-7977 (F)
John.Gleason~dnr.state.mn.us
Visit our website at:
http://www.dnr.state.mn.us/waters/index.html
2
Planning Case No. 6.~ - .;l..3
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
Applicant Name and Address: .
ChnS)()Johe erne/ J.. JI':CIII?P ~k
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Contact: AJarI/~(?
Pl1one: ?J220/4-9fJ6 Fax:
Email: ,fb/?///)/ ~ fx:::c:-kC)hn)/i7JoJ ((7'n
Owner Name and Address:
CfJ/7.ykynk one/ /Pbm)?e 73crf
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eh fu./ on IV, ,5:r8/1J
Contact: 4' C?'0j~
Phone: q r2 2.01 i.; 916" Fax:
~mail: fbffl/~/.~ck8hol-nrzj/.CD?)
NOTE: Consultation with City staff is reQuired prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit (CUP)
Vacation of Right-of-Way/Easements (VAG)
Interim Use Permit (IUP)
)( Variance (V AR)
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
CITY OF CHANHASSEN
RECEIVED
OCT 3 1 2008
X Notification Sign - $200
(City to install and remove)
Sign Plan Review
CHANHASSEN PLANNlNG DEP-r
Site Plan Review (SPR)*
X Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPRlVACNARlWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ 1..\ 'So. 00 pO L~ 9-ko
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 digital COpy in TIFF-Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
PROJECT NAME: /;2 [() 12/09(-> f?nl
LOCATION:b2<V f?/c/gc::> Y201
LEGAL DESCRIPTION AND PID: f},!)uO ') a 100
.
TOTAL ACREAGE: 0.'78
WETLANDS PRESENT: YES X NO
PRESENT ZONING: N...': /-
REQUESTED ZONING: ~\F
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:
5LR~~--Nt\
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 Cityspould 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 th~~~Ci!i,g"j a7,~()he fee .o\\iner 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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Signature of Applicant
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Date
Signature of Fee Owner
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Date
SCANNeo
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G:\PLAN\Forms\Development Review Application.DOC
Rev. 1/08
Applying for variance at our property at Christmas Lake,
6250 Ridge rd. parcel Nr. 250020100 for:
ell''! m: CHANHf.\SSr:'h
nECEi\!Ei)
OCT S 1 2008
CHANHASSFN PLAi\if\HNG DFF'"
Removable, floating Shed (8' x 10'= 80sf)
Removable, floating Deck (400sf, exact shape see drawing)
While
_ reducing the distance to the bluff from the required 30 feet to 15 feet due to
narrow shape of the lake shore area.
- respecting the distance to the water high level line of 10 feet
In July 2007 coming from Germany we moved in our House on Christmas Lake. Being
passionate water skiers we were really happy to discover Christmas Lake one of the
most beautiful lakes of the area.
Taking over our property we found the wooded area down by the shore piled with
wooden debris and all sorts of waste like
-old dock
- old door
- Big metal pieces
- Plastic fencing
- Glass bottles
- soda canes
- Gas canister
- pieces of old carpet
- etc ....
The use of about 40% of our anyway small shore area was impossible.
(The steep wooded bluff of the property goes far down to the shore and takes about
70% of the space facing the lake. This reduces the usable space (inclusive wooded
part) down by the lake to 3950 square feet (= 11% of the entire property))
After cleaning up the area (hauling the waste up the bluff) we tried to enlarge the lawn
by adding dirt, sowing with grass seed multiple times and sprinkling regularly.
SCANNED
Unfortunately the grass did not grow and weeds and stinging plants took over the area
which made any recreational use especially for the children impossible.
Pulling out and cutting the weeds for two seasons did not show any results and the use
of herbicide at the lake shore was in my opinion not an option.
Additionally we had wasps making their nests in some old tree trunks which made the
area dangerous for ours' and the neighbors' children to play. My son's long planed
birthday swimming party could not be held due to the sudden appearance of two new
wasp's nests in the area.
In order to being able to fully enjoy our wonderful lake property we had to find a solution
We decided to consult a landscaper. To his judgment it was a costly (dig out several old
tree trunks and even out the surface) and not promising project to have lawn grow
under these big trees which we did not want to remove. He also highly recommended
the installation of an automatic sprinkler system.
Still we could not use a big part of our shore area and it also looked poorly compared to
the usually well kept and organized properties around Christmas Lake.
We studied some landscaping books, magazines and other properties around the lake.
But we did and do not want to unnecessarily cut down trees, pour concrete or do any
further degradation to the shoreline. We figured the only option would be a deck and
shed.
Consulting a carpenter we tried to best use the area without cutting sound trees (beside
one being damaged by storm), respect the nature and solve all of the above mentioned
problems.
The solution was a floating, removable shed and deck. The deck is built of separate
pieces which could be moved in case of necessity. This structure allows the rain and the
water running down from the bluff to penetrate the area.
The shed being 80sf instead of the 120sf allowed, will make life at the beach much
easier. We will be able to store the children's' toys, water skis and furniture cushions
etc. instead of carrying them down 'and up the steep bluff every day. The design of the
shed is a copy of our house and will greatly add to the properties' appearance.
We truly hope that you will support all our efforts to make of our shore the best we could
to preserve the natural aspect of this magnificent area as well as allowing our family to
enjoy the beautiful lake.
C>8~dJ
City of Chanhassen
Planning Commission
Appliance for variance at our property at Christmas Lake, 6250 Ridge rd.
Parcel Nr. 250020100
Please remove my items from the December 2 Planning Commission meeting agenda and reschedule for
the January 4, 2008 meeting. I also waive the 120 day development review deadline.
Yours sincerely
,/ F''-
Nadine Beck
6250 Ridge rd.
Chanhassen, MN, 55317
CITy OF
REg~:V~~SSEf\j
Nav 1 0 2008
CHANHASSEN PLANNlN
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EXHIBIT A
LEGAL DESCRIPTION:
The following described land situated in the County of Carver and State of Minnesota:
Tract1: That part of Sections I and 2, Township 116, Range 23, described as follows: Beginning at a point
in the East line of Section 2, Township 116, Range 23, distant 472.00 feet South ofthe Northeast comer of
said Section 2; thence North along the East line of said Section 2 a distance of 97.00 feet; thence
Northeasterly on a tangential curve to the right with a radius of65.55 feet a distance of 47.76 feet; thence
North 41 degrees 45 minutes East on a line tangent to said last described curve, a distance of78 feet;
thence Northerly on a tangential curve to the left with a radius of 152.4 feet a distance of 37.24 feet to a
point which is the actual point of beginning of the tract of land to be described; last described curve being
hereinafter designated and referred to as "Line A"; thence North 79 degrees 45 minutes West 250.02 feet;
thence at right angle northeasterly 10 feet; thence at a right angle Southeasterly to the intersection of said
line with the Northerly extension of aforesaid "Line A"; thence Southerly along said extension to the point
of beginning.
Tract 2: That part of Section 1 and 2, Township 116, Range 23 described as follows: Beginning at a point
in the East line of Section 2 distant 472 feet South of the Northeast comer of said Section 2; thence North
along the East Line of Section 2 a distance of97 feet; thence Northeasterly on a tangential curve to the
right with a radius of 65.55 feet, a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line
tangent to last described curve, a distance of78 feet; thence Northerly on a tangential curve to the left with
a radius of 152.4 feet, a distance of37.24 feet; thence North 79 degrees 45 minutes West 330 feet, more or
less, to the shore of Christmas Lake; thence Southwesterly along the shore of said Lake 150 feet to an
intersection with a line bearing north 63 degrees 22 minutes West 326 feet, more or less from point of
beginning; thence South 63 degrees 22 minutes East 326 feet, more or less to the point of beginning,
excepting therefrom the following described premises, to -wit: That part of Sections 1 and 2, Township
116, Range 23, described as follows: Commencing at a point in the East Line of Section 2, distant 472 feet
South ofthe Northeast comer of Section 2; thence North along the East line of Section 2 a distance of97
feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 33 feet
to the point of beginning; thence Southwesterly along said curve to said East line of Section 2; thence
South along said East Line of Section 2, a distance of 97 feet; thence North 63 degrees 22 minutes West
326 feet, more or less, to the shore of Christmas lake; thence Northeasterly along the shore of said lake to
the intersection with a line bearing north 72 degrees 10 minutes 39 seconds West from the point of
beginning, thence South 72 degrees 10 minutes 39 seconds East to the point of beginning. Excepting
therefrom that portion, if any, which lies below the natural ordinary low water mark, the State of
Minnesota being the owner of all of said portion, if any, lying below the natural ordinary low water mark,
it being recognized that said lake is a navigable public body of water, provided, however, that the
applicants shall have the usual riparian rights that attach to land riparian to navigable public bodies of
water incident to the ownership thereof For the purposes of the descriptions of the above two tracts, the
East Line of said Section 2, Township 116, Range 23, is assumed to be a due North and South line.
According to the Government survey thereof
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
December 24, 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 Beck Variance - Planning Case 2008-23 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.
Karen J. Engelhardt, Deputy Clerk
Subscribed and sworn to before me
this _ day of , 2008.
Notary Public
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(3 . . .
JOHN S FESS
6280 RIDGE RD
CHANHASSEN , MN 55317 -9438
KEITH D & SUSAN J JONES
6265 RIDGE RD
CHANHASSEN, MN 55317 -9438
JAMES J & KAREN M MEYER
6230 RIDGE RD
CHANHASSEN , MN 55317 -9438
GORDON M & DOLORES I SPRENGER
6244 RIDGE RD
CHANHASSEN, MN 55317 -9438
STEVEN J & MARY F MIDTHUN
6225 RIDGE RD
CHANHASSEN, MN 55317 -9438
CHRISTOPHE BECK
6250 RIDGE RD
CHANHASSEN , MN 55317 -9438
WILLIAM P CUNNINGHAM
C/O P WHITEMAN
2272 STONE CREEK LN E
CHANHASSEN, MN 55317 -7412
MOLLY V & SCOTT R SILAS
TRUSTEES OF TRUST
6201 RIDGE RD
CHANHASSEN, MN 55317 -9438
DEAN E WETZEL REVOCABLE TRUST
C/O DEAN WETZEL TRUSTEE
6260 RIDGE RD
CHANHASSEN , MN 55317 -9438
JERRY W & KATHERINE M SNIDER
6270 RIDGE RD
CHANHASSEN , MN 55317 -9438
IRENE Y JOSEPH
6290 RIDGE RD
CHANHASSEN , MN 55317 -9438
GINA M SCHMIDT
790 PLEASANT VIEW RD
CHANHASSEN , MN 55317 -9509
RONALD H & JANICE M MASON
800 PLEASANT VIEW RD
CHANHASSEN , MN 55317 -9545
HENRY & APHRODITE BERTOLDI
6285 RIDGE RD
CHANHASSEN , MN 55317 -9438