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Email exchange between Scott Schroeder & Angie Auseth 10-2-08 Auseth, Angie From: Sent: To: Subject: Schroeder, Scott (MN1 0) [Scott.Schroeder@Honeywell.com] Thursday, October 02, 2008 2:28 PM Auseth, Angie RE: Variance Request Angie, Thank you for the clarification. I look forward to the discussion and staff presentation on the 18th. Best regards, Scott Schroeder From: Auseth, Angie [mailto:aauseth@cLchanhassen.mn.us] Sent: Thursday, October 02, 20082:13 PM To: Schroeder, Scott (MN10) Subject: FW: Variance Request Scott, I would like to clarify the role of the Planning Commission (Board of Appeals and Adjustments) as it relates to variance requests: Decisions of the board. The board shall be empowered to decide appeals and grant variances, other than variances in conjunction with platting, site plan review, conditional use permits and interim use permits, when the decision ofthe board is by an affirmative vote of three-fourths of the members present. A vote of less than three-fourths of the members present or any vote on a variance in conjunction with platting, site plan review, conditional use permits and interim use permits shall serve only as a recommendation to the city council, who shall then make the final determination on the appeal or variance request within 30 days after receipt of the board's action. If the board recommends approval, it may also recommend appropriate conditions. The board shall act upon all appeals and variance requests within 15 days after the date of the close of the required hearing. Appeal from decisions of the board. A city council member, the applicant, or any aggrieved person may appeal such decision to the city council by filing an appeal with the community development director within four days after the date of the board's decision. Council action. By majority vote, the city council may reverse, affirm or modify, wholly or partly, the decision appealed from the board, and to that end the city council shall have all the powers of the board, or the city council may approve or deny the variance request. The council shall decide all appeals within 30 days after the date of the required hearing thereon. In granting any variance, the city council may attach conditions to ensure compliance with this chapter and to protect adjacent property. When it comes to amending city ordinances, as would be the situation with developing standards for pervious surfaces, the Planning Commission is a recommending body to the City Council. Please let me know if you have any questions. Sincerely, Angie Angie Auseth Planner I 1 City of Chanhassen 7700 Market Blvd Chanhassen, MN 55317 Direct dial: 952-227-1132 Fax: 952-227-1110 email: aauseth@ci.chanhassen.mn.us Website: www.ci.chanhassen.mn.us From: Auseth, Angie Sent: Thursday, October 02,2008 11:26 AM To: 'scott.schroeder@honeywell.com' Cc: Jeffery, Terry Subject: RE: Variance Request Scott, Your variance request is scheduled for the November 18th Planning Commission meeting agenda. Prior to that meeting, staff will update the staff report with any changes to the request. At the meeting you will have the opportunity to present your request to the Planning Commission, following staff's presentation; much like the previous Planning Commission meeting. The Planning Commission is a recommending body for the City Council and cannot approve a hard surface coverage variance based on previous surfaces. The City Code does not have standards for pervious surfaces that would provide a crediting system in lieu of impervious coverage. Staff is studying this issue and continuing to work toward a solution to this dilemma. If you would like to discuss this further you may contact Terry Jeffery, Water Resources Coordinator, at 952-227-1168. The City Code requires a review of all properties within 500 ft of the subject site to recognize any preexisting standards within developed neighborhoods. I can supply you with the specifics for the requests within 500 ft of your property. However, your request is for hard surface coverage variances within a two mile radius of your property. I can supply you with a list of all ofthe variance requests within that distance. From that list, you can request the files you would like staff to pull; and we can set up a time for you to come into City Hall and review them at your leisure. Please let me know what you would prefer as well as an update of any changes to your variance request. Sincerely, Angie Angie Auseth Planner I City of Chanhassen 7700 Market Blvd Chanhassen, MN 55317 Direct dial: 952-227-1132 Fax: 952-227-1110 email: aauseth@ci.chanhassen.mn.us Website: www.ci.chanhassen.mn.us From: Schroeder, Scott (MNIO) [mailto:Scott.Schroeder@Honeywell.com] Sent: Tuesday, September 23,20084:03 PM 2 To: Auseth, Angie Subject: RE: Variance Request Angie, Thank you for reaching out to me on email. I received your letter and have been talking with Southview intermittently on our next steps. In the meeting in August, the planning commission alluded to the fact that it wasn't prepared to take on a discussion of impermeable coverage credits until the staff had replaced an expert who could provide adequate evaluation. I feel somewhat railroaded that there isn't an option based on the planning commission's commentary on my neighbors request. Can the variance be modified or opened to a dialogue to elicit the commissions' requirements to grant impermeable coverage credit for use of landscaping technology such as French drains? Can I also formally request impermeable coverage variance's that have been granted to homeowners within a 2 mile radius of my house? Upon your response, I can evaluate my options on next steps. Best regards, Scott From: Auseth, Angie [mailto:aauseth@ci.chanhassen.mn.us] Sent: Monday, September 22,20084:16 PM To: Schroeder, Scott (MNIO) Subject: Variance Request Mr. Schroeder, I am following up on your variance request form 2007. It is staffs intent to come to a decision regarding the variance request, be it withdrawing the application or bringing it back to the Planning Commission for their decision. I have attached the notice I mailed to you August for your reference. I have not heard back from you as to the direction you would like to proceed. Please contact me as soon as possible so staff can plan accordingly. Sincerely, Angie Angie Auseth Planner I City of Chanhassen 7700 Market Blvd Chanhassen, MN 55317 Direct dial: 952-227-1132 Fax: 952-227-1110 email: aauseth@cLchanhassen.mn.us Website: www.cLchanhassen.mn.us 3