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PC Staff Report 10-20-09 CC DATE: 11/9/09 [!] PC DATE: 10/20/09 CITY OF CHANHASSEN REVIEW DEADLINE: 11/3/09 CASE #: 09-15 BY: AK, AF, JM, TJ PROPOSED MOTION: ''The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 18.5-foot shoreland setback variance for the construction of a single- family home on a non-conforming lot of record, Planning Case #09-15, and adoption of the Findings of Fact And Action, and subject to conditions 1 and 2 as specified on pages 5 and 6 of the staff report." PROPOSAL: The applicant is requesting an 18.5-foot shoreland setback variance (56.5-foot ()Jtrc;, setback) for the construction of a single family home on a non-conforming lot of record zoned ~ ~ . Single Family Residential District (RSF): (All proposed setbacks are measured from the IS-inch eaves of the structure). LOCATION: 3625 Red Cedar Point Road Lot 11, Block 4 & east 10 feet of Lot 12, Red Cedar Point Lake Minnewashta APPLICANT: Bill Worms BayCliff Homes 17809 Hutchins Drive, Suite 100 Minnetonka, MN 55345 Betsy Anding 3618 Red Cedar Point Road Excelsior, MN 55331 PRESENT ZONING: Single Family Residential (RSF) 2030 LAND USE PLAN: Residential- Low Density (Net Density Range 1.2 - 4u/ Acre) ACREAGE: .16 (6,770 square feet) DENSITY: N/ A 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. SUMMARY OF PROPOSAL The subject site is located on Lake Minnewashta's Red Cedar Point at 3625 Red Cedar Point Road and is zoned Single-Family Residential (RSF). The site is a non-conforming lot of record with an area of 6,770 square feet. The City Code requires a minimum of 20,000 square feet for a riparian lot in the RSF district. Anding Variance Planning Case # 09-15 October 20, 2009 Page 2 of6 The applicant is requesting an 18.5-foot shoreland setback variance from the 75-foot shoreland district requirement for a riparian lot in the RSF district for the construction of a single-family home. 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 ofthe structure while the foundation is recessed 18 inches from the eaves. Staff is recommending approval of this variance request based on providing reasonable use of the property and the uniqueness ofthe site and the existing characteristics of the Red Cedar Point subdivision. APPLICABLE REGUA TIONS Chapter 20, Article II, Division 3. Variances Chapter 20, Article II, Division 4. Section 20-73. Nonconforming lots of record. Chapter 20, Article VII. Shoreland Management District. BACKGROUND This item was heard at the October 6, 2009 Planning Commission meeting, the following variances were approved at that meeting: Anding Variance Planning Case # 09-15 October 20, 2009 Page 3 of6 . Front yard setback: 15.5-foot variance (14.5-foot setback) . East side yard: 6.5-foot variance (3.5-foot setback) . West side yard: 9- foot driveway variance (1-foot setback) . Approval of a 13' x 20' single-car garage . Hard surface coverage: 12.3% variance (37.3% HSC) However, the shoreland setback variance request was inadvertently omitted from the motion to approve the variances for the property. If it was the Planning Commission's intent to approve the shoreland setback variance concurrently with the previous approvals, staff is recommending approval of the request. ANALYSIS The applicant is requesting a 56.5-foot shoreland setback, as measured at the eaves. The applicant positioned the proposed house in a location that would keep in line with the adjacent properties to maintain their views of the lake. 1(" ~g51__ 301 ~~ ~~ 81" zl ~. L-----r'~1 : _ ~ r I : I I ,.- A9t I , I I j ~ ~ ~ i ~ ~ -\~ __1\ F~ ~ J- , 1-.___......_.1-- I -:3 !~ \ J ~1II ~ \ ~ __A~<j" t:l::" , .-.'.l--- _ ,- LOCATtlNJIOI. 111 ,I,- --~fi --._-~~='}-:&---I .---9,,1'\' .~ _~X.~~~e-- ~--__L_\,--_--L-5f- -'~\i~~ '~CEDAA. I." \.v:......... _ __ \ J '~\,.,i r- ._-941'.. \.-L - -; .,~---- - ----J-1$'..:.......:< -:"<6 f<l>Il-- - ,_00- : .-9 \ .}-_~ ~ __~t___.l--........(" - I : . \ ~/'~r~.-&-I.:....-J ~~ it ,_945-.- I '. I ro>!l\ .,~ ,........:...~_L~.__-_- ~__ -- \ -L _ -:.-.=\__ __~_-----..s____-t---..::.- I I 1_ ---,~ _ . _ . . . \__ -..- . ;!l _----+=Imiw . _' ""_l....'j -', -- _ .__.--- ~~ttGH"" of~ ~ I,,,., If the applicant met the 75- foot setback, the buildable area of the lot would significantly be reduced, thus limiting the reasonable use of property. Current ordinances require all new platted lots to show a 60'x60' building envelope. The subject site has a 30'x30' building envelope. It is the intent of the ordinance to provide reasonable use of the property, which includes uses made by a majority of the comparable property within 500 feet. The structure is in line with that of neighboring properties and the proposed home is consistent with those in the Red Cedar Point Subdivision. 500 Feet Many of the existing lots and setback dimensions throughout the neighborhood do not meet the minimum requirements, because the original homes/cabins were constructed in the early 1900s, nearly 70 years before the district standards were adopted. Anding Variance Planning Case # 09-15 October 20, 2009 Page 4 of6 Staff reviewed city records to determine if variances had been granted within 500 feet of the subject property. Staff found 12 variances granted within 500 feet of the subject property, all of which are setback variances (see Attachment 5). TREE PRESERVATION Within the proposed building pad, there are no existing trees. A small cedar is located near the east property line and a large ash is growing near the west property line. The applicant may try to preserve the ash and possibly the cedar as well. Neighbors have mature trees very close to the property lines on either side 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. . 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. . When excavating near the tree, roots 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 until the ground is frozen. If the applicant chooses not to preserve the existing trees, a total of two trees will be required to be planted in the yard. If the ash is protected and saved, then only one tree will be required to be planted. WETLANDS A review of the City's wetland inventory map, the NRCS Soil Survey and available aerial photography is not indicative of the presence of any wetland features on the property. The property is abutted by Lake Minnewashta to the south but appears to be lacking a fringe wetland area. Based upon this review, it is unlikely that any wetland impacts will occur as a result of the proposed site plan. 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. Any variance from these rules must also be approved by the Commissioner ofthe Department of Natural Resources. A copy ofthe application was submitted Anding Variance Planning Case # 09-15 October 20,2009 Page 5 of6 to the DNR and, as of the date of this report, no comment had been received from the DNR. This is not to be construed as a positive or negative recommendation from the DNR. EROSION AND SEDIMENT CONTROL AND RUNOFF Because a majority ofthe site drains towards a Water of the State, there is increased importance that sediment and erosion control management measures are installed prior to any earth disturbing activities. These measures should be sufficient to prevent the displacement of sediment into Lake Minnewashta. At a minimum, they should comply with Chanhassen Erosion Control Detail Plate No: 5302B. In the event that the erosion and sediment control measures are inadequate, the owner must incorporate additional best management practices to assure that all sediment is contained on site. Until such a time as the permanent driveway is in place, a rock construction entrance will be needed at all times. This entrance shall generally follow the specifications described in Detail Plate No. 5301. However, because ofthe diminutive nature ofthe lot, the rock entrance needs only to be at least 20 feet in length and width but must otherwise comply with the specifications previously mentioned. Additional best management practices shall be incorporated as needed to assure that no sediment is transported onto neighboring properties. All best management practices must remain in place until at least 75% of the property is permanently stabilized. OTHER AGENCIES The applicant is responsible for obtaining any permits or approvals from the appropriate regulatory agencies and complying with their conditions of approval. These agencies may include the Department of Natural Resources, the United States Army Corps of Engineers and the Minnehaha Creek Watershed District. For instance, a permit will be required from the Minnehaha Creek Watershed District under Rule B: Erosion Control. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 18.5-foot shoreland setback variance for the construction of a single-family home on a non- conforming lot of record, Planning Case #09-15, and adoption of the findings of fact and action, subject to the following conditions: 1. City Forester Conditions: a. Tree protection fencing must be properly installed at the edge of the grading limits on the entire east, west and south sides. 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. Anding Variance Planning Case # 09-15 October 20, 2009 Page 6 of6 c. No equipment may be stored within the tree protection areas. d. If no trees are present in the rear yard, two overstory, deciduous tree are required to be planted. If the existing ash tree is preserved, one overstory, deciduous tree will be required to be planted. Trees must have a minimum diameter of 2 W' when planted. 2. Water Resource Coordinator Conditions: a. 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 permanently stabilized. b. A rock construction entrance shall be maintained until the permanent driveway is in place. This entrance shall follow the specifications described in Detail Plate No. 5301. Due to the size of the lot, the rock entrance may be reduced to 20 feet in length and width but must otherwise comply with the specifications previously mentioned. c. The applicant shall apply for and obtain permits from the appropriate regulatory agencies where applicable and comply with their conditions of approval." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Registered Land Survey. 4. Building Elevations. 5. Variances within 500 Feet. 6. Letter from Deborah Lochart and Diane Anding dated September 2, 2009. 7. Letter from Patricia Souba dated September 2, 2009. 8. Letter from Richard Anding dated September 6,2009. 9. Letter from Marsha and Steve Keuseman. 10. Public Hearing Notice and Affidavit of Mailing List. G:\PLAN\2009 Planning Cases\09-15 Anding Variance - 3625 Red Cedar Point\StaffReport 1O-20-09.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE:Application of Bill Worms of Bay Cliff Homes, on behalf of Betsy Anding, for an 18.5- foot shoreland setback variance (56.5-foot setback) for the construction of a single-family home on a non-conforming lot of record - Planning Case No. 09-15. On October 20,2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bill Worms of BayCliff Homes, on behalf of Betsy Anding, for a shoreland setback variance to construct a single-family home on a non- conforming lot located at 3625 Red Cedar Point Road, located in the Single-Family Residential (RSF) district on Lot 11, Block 4 and the east 10 feet of Lot 12, Block 4, Red Cedar Point Lake Minnewashta. 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: Lot 11, Block 4 and east 10 feet of Lot 12, 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 these criteria. Finding: The literal enforcement of this chapter does cause an undue hardship. The parcel predates the Chanhassen City Code, as it was platted in 1913 and is a legal non-conforming lot of record. The site is significantly smaller than the required 20,000 square feet of area and the 90 feet of street and lake frontage. The subject site has an area of6,770 square feet and 50 feet oflake and street frontage. Several of the properties within 500 feet of the parcel are also legal non-conforming, many of which may already have or require variance approval to construct or modernize their property. 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 not applicable to all properties that lie within the Single-Family Residential District. The request is unique to the Red Cedar Point Lake Minnewashta subdivision as it predates the adoption of the City Code and many of the houses and properties within the subdivision do not meet the current lot requirements for the district. The proposed shoreland setback is consistent with the adjacent properties, which are legal nonconforming structures, built in the 1920's. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel ofland. Finding: The intent of the proposed home is not based on the desire to increase the value of the home. The property owner's intent is to provide reasonable use of the property by constructing a single-family home on the lot. Additionally, the size of the proposed home and location in reference to the shoreline is consistent with the neighboring properties within the Red Cedar Point subdivision, and therefore, is a reasonable request. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged hardship is not self-created. The lot was platted in 1913 and therefore does not comply with the lot area or width requirements of the RSF and Shore1and district and is a nonconforming lot of record. Current ordinances require all new platted lots to show a 60'x60' building envelope. The subject site has a 30'x30' building envelope. The applicant is requesting reasonable use of the property, which is a single-family home. The required 75' setback significantly limits the buildable area on the lot. 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 of 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 construct a single-family home which is a permitted use within the RSF district and maintain the adjacent properties' lake views by proposing a similar setback. f. The proposed variation will not impair an adequate supply oflight 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 home will be beneficial to the neighborhood, as it is currently an empty lot with a storage shed on the site. According to City Code, reasonable use of the property is a single-family home. 2 5. The planning report #09-15, dated October 20.2009, prepared by Angie Kairies, et aI, is incorporated herein. ACTION "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves an 18.5- foot shoreland setback variance, for the construction of a single-family home on a non-conforming lot of record, Planning Case #09-15, based on these findings of fact." ADOPTED by the Chanhassen Planning Commission on this 20th day of October, 2009. CHANHASSEN PLANNING COMMISSION BY: Its Chair G:\PLAN\2009 Planning Cases\09-15 Anding Variance - 3625 Red Cedar Point\1O-20-09 Findings ofFact.doc 3 ~~ CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 Sf PO 8 2D09 DEVELOPMENT REVIEW APPLICA TIONeHANHAsseNPl.ANNWliQin / "" Planning Case No. ()q-I ':) eJ-W ~ CHANHASSEN REf5€JVED 1(0 Owner Name and Address: '&rsV f},JDINb ~(Pl%" R."L~ C€b~ ~. <E J( l.-L 1St ~ J..1. N ~;s;.- 3 :s' I ( Contact: Phone: 't~~. 'i7'f-1J7;~3 Fax: . Email: CU'ldl\l\~ (;J IYln i "" lev- ..nvt-- \f'v\: V'. 5 Contact: ~ V\ (VV\. S Phone~~~~~ ~ax: 't~4e{BJfX) Email: \ ^' ell 'Ef1~~ \ cDl'V\. NOTE: Consultation with City staff is reauired prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) Vacation of Right-of-Way/Easements (VAC) --.X Variance (V AR) Interim Use Permit (IUP) Non-conforming Use Permit Wetland Alteration Permit (WAP) 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/SPRIV ACN ARIW AP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ t.f6D!!.- ,~uildin must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. '(.is, ~ ::-:\,~~z SCANNED PROJECT NAME: J 1m R,''J P-e-?ictn m..- lOCATION: YoZr:; t2e &dO/' POlhr lEGAlDESCRIPTIONANjfPID: -p ID~ 21JG,~~33<.'? . . L-otll UvYlcX-. ~u7f-l{)fiv+ Df u>+I~ B/LL4 ,p-;J tiJty PI- UcrV-erL(J4 " . I /. f TOTAL ACREAGE: ,lb4D2rriZ-. 'fo Ot{kJ 0'==t-7-05"F, --L NO WETLANDS PRESENT: PRESENT ZONING: YES f?-?>F REQUESTED ZONING: ~ PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: ----- ~ a~1J.., FOR SITE PLAN REVIE'N: 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 furtheF-"-', understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the udy. The documents and information I have submitted are true and correct to the best of my knowle ~e -fdf '7/3/09 , Ore . o/3~9 Date ~ r:ct+ ~ ~ -" 1 ,_:I .r- ~ <D~./" r"L.,4 G:\PLAN\Fo~\Deve10pment Review Application.DOC SCANNED. ~~.:: Rev. .1/08 BayCliffHomes architecture : design : build G.C.#20454492 Date: 9/3/09 Project Location: Betsy Anding 3625 Red Cedar Point Chanhassen, MN. 55331 a All properties within 500 feet of 3625 Red Cedar Point contain single family homes. The reasonable use of 3625 Red Cedar Point is for a single family home. The zoning requirements of RSF for construction of a single family home cannot be met without a variance. The proposed home will blend in with the existing homes in the neighborhood and the requested variances are consistent with preexisting standards in the neighborhood. b. The lot is zoned RSF. This lot does not meet the required size of an RSF lot" thus the following variances are requested. Per Section 20-615 our proposed design does not meet the front yard setback of 30', we request to have 6.3'. The side yard setback is 10', we request (on the east side) 5' at foundation and 3'-6" at eave. Hardcover is to be 25%, we have 618SF drive, 1710SF home, 184SF street, 63SF shed and 44SF steps. The lot is 6770sf. So 2719SF total is 40%. Per Section 20-905 a two stall garage is required, we have proposed a one stall garage. The lake setback is 75', we request to be at 58', which aligns with the adjacent neighbors. We also want ai' -0" setback on the west side yard for the driveway. c. The purpose of the variance is not based upon a desire to increase the value or income potential of the parcel of land. The purpose of the variance is for me- the lot owner, to have a home on the lake that my family has lived on for three and four generations. My maternal grandparents purchased the property located at 3618 Red Cedar Point in 1955 which property has now passed to my mother and aunt. My maternal grandparents purchased the property at 3625 Red Cedar Point in 1968 which land has now passed to me- the lot owner. My paternal great grandparents previously owned the property located at 3631 South Cedar Drive. The property at 3631 South Cedar Drive was 17809 Hutchins Dr. Suite 100 Minnetonka, MN 55345 Phone (952) 401-8830 Fax (952) 401-8100 SCANNED BayCliffHomes architecture : design : build G.C.#20454492 purchased by my paternal great grandparents in 1914 and they built the first house on Red Cedar Point. The 3631 South Cedar Drive property passed down through the generations and was sold out of the family in 2005 by necessity when my father was diagnosed with dementia. I continue to have relatives on my father's side who live within close proximity on lake Minnewashta. I have lived in my family's home at 3618 Red Cedar Point for roughly the last 15 years, which property will soon be occupied by my mother and aunt. I want to build a house on.my land so that I can both continue our families legacy and live in a place that I consider home. d. The hardship is not a self created hardship. The lot size was determined by a governmental agency. Originally, 3625 Red Cedar Point consisted exclusively of Lot 11 which is a forty (40) foot lot. At the time my maternal grandmother purchased the property in 1968 she purchased an additional ten feet of Lot 12 to increase the width of 3625 Red Cedar Point to 50 feet. The lot is a pre-existing nonconforming lot of record. e. Granting the variance will not be detrimental to the public welfare nor will it be injurious to other land or improvements in the neighborhood. It is my desire to build a home that matches in size and scale to the existing homes in the neighborhood and that is a "green" project. I would imagine that developing the property will result in an increased taxable market value and higher property taxes which will ultimately benefit the public. f. The proposed variance will not impair the adequate supply of light or air to the adjacent property. The proposed home is in line with where the neighbors on either side and beyond sit with respect to the lake and does not jut out in front of the adjacent residences. The proposed variance will not increase the congestion of the public streets as I have already lived in the neighborhood for approximately 15 years. I do not believe the proposed home increases the danger of fire or endangers the public safety. I believe that the planned home will actually add to the value of the properties in the neighborhood and will in no way, substantially or otherwise, diminish or impair property values. 17809 Hutchins Dr. Suite 100 Minnetonka, MN 55345 Phone (952) 401-8830 Fax (952) 401-8100 SCANNED BayCliffHomes architecture : design: build G.C. #20454492 Written description of variance request: Due to the age of the platted land, lot size, lot configuration and street location in relation to the property lines our proposed modest home does not meet the standards of today. In addition, if we were to have no variances, a two stall garage 22'x22' covers over 50% of the building envelope, thus leaving unusable space proportions for any type of home, other than a tower over the garage. This would not fit the neighborhood characteristics. We respectively request the following: 1) We are asking for a front yard setback of 6.5' from the street. 2) West side: A side yard driveway set back of 1'-0" 3) East side: A side yard setback of 5' from the foundation and 3'.6" from the eave. 4) A lake setback equal to the adjacent neighbors (east /west) of 58' roughly. 5) A one stall garage, not the required two stall. 6) A hardcover of 40% not the required 25%. Please note the street area is included and the relocation of an existing garden shed. In addition we are planning to build to the standards of a "Greenstar Home", this new house will continue to benefit both the local neighborhood and greater metro area during construction and long after completion. 17809 Hutchins Dr. Suite 100 Minnetonka, MN 55345 Phone (952) 401-8830 Fax (952) 401-8100 SCANNED 8~ ... ~~ ~~' ~""' ~~ g ~it ~ ~... - ~5''-l'' ~eo",) ~ .. 0",) < :: ~ ~I ~fri ~ 0 S:=it:t: ~~~ ~~::: ;;;).~ ~ ~::E~ ~~~ ~~ ~ _~fi: ~~ ~ ~~ ~ ~'" '" ~ a 8 ~ e .~ "'" ~ il ~ ~ -" 1 g. a. ~ $I '" o '" 0 o '" ~ N - II J 1 .. e- o '" ~ ~I !!3 > '" :::l ~ o Q ~ -" f u ~ u j ~ .~ ::E ~ ....l .6 ~ i u ~ .... ~ .Sl lXl d ~ a.- JL, :s ~iiij~ 4-0$= oif-~ ~]~ 8.~~~ -&g~ ~"" ~ ~ a"'" u8~~ i-o~ca .c.c= E U &8".s g ~~g~ e"'Q)~ s~~o ~~o] :~~m~ .sO;>.U ~~R~ ~=~] _-lS- e'~3- ~m~~ a8'~:~ j'i,] ~ {! 8]:S'~ ~.!l g g, ~.H ~'Ei .8"8'iil .S""51ll$ GS.~_.s "H ~ ~~-8 ~~~~ 5o'6bej ~ ~i e -8;g,=-~ .~~ii ~~oje ji~; iii~; g]~ ~ e~i.s ~ ~!:t:-"'CI o.bO-..eg ~ ;>] ~ .51;f. ~ ~~ .~:a 8J: ~'c; g ~ 3E!~o :~~.;;B1ii rj)'=!iB ~ ~.s-B~ ~a]~e gi~~~ ~ oa~ '~~g-;;8 ~u':g.~ .ge'~g~ ~ Q) gb€~ .8 ~~'gJ sa ~ 8 ~ a q ~ 8 bO~ 1; ~ 5~.8,:~'i ~'i:~ !:: ~ 8.g.~~.8'fl.8~.fi ::E""::: ~ 8 ""''''''' s-os ::L.: ~-8.~JNM~'; tii.~ ~ o ..~ Z<Il 00 1=- "',. 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H '" m 1- -2 '- c2. ~ ~ a ~ \!\ N ~ "2 c _ f~ ~~ ~~ \..U. \-:-~ ~~~!: rEEl SCANNED ~ - ~ cU ~ ~ ~ \.n ~ ~ ~~ ~~ ~~ 1= w ~ ~~~~ e SCANNED ~ ..... ~ ~ \J ~ ~ ~ ~ ~~ ~ _\\ ~ - ~~ 1~-:r-:t ~'->~ ~c=OO" SCANNED 1.- :2 ~ cl ~ c;;:) ~ \S\ N fR 2. o ~. fJ: a j\ ill~ ;t; iii ~ \; t:t: ___ ~ol"l) ~\()d)~ SCANNED Variances within 500 Feet of 3625 Red Cedar Point Road Address Variance File Variance Number 20.2 foot front yard setback variance and an 8-foot side yard 08-04 setback variance for the construction of a single-family home 3633 South Cedar Drive 06-04 22.5-foot front yard setback variance, 15.8-foot front yard setback variance and a 2.39% hard surface coverage variance for the construction of a three-stall garage 3637 South Cedar 04-07 19.3 foot front yard setback, a 4 foot lakeshore setback for Drive the expansion of a single family home. 3628 Hickory 13-foot front yard setback, 2-foot front yard setback and 5- Road 02-5 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 home A venue 84-2 addition 3705 South Cedar 96-4 Two 7-foot side yard setback variances, a 31-foot lakeshore Drive setback variance and a hard surface coverage variance. 3618 Red Cedar 93-6 IS-foot lakeshore and 8-foot side yard setback variances for Point Road the construction of a porch and deck 92-1 1.5-foot side yard and 14.5-foot lakeshore setback variances for the construction of an attached two-car garage 3607 Red Cedar Point Road 7.5-foot lakeshore setback variance for the construction of a deck and a 13.5-foot lakeshore setback variance for the 81-8 construction of a 6' x 6' stairway landing pad 4-foot east side yard wetback variance for the construction of 3605 Red Cedar a two car garage. Point Road 88-11 2-foot west side yard and, 26-foot shoreland setback variance for the intensification and expansion of a second story bedroom. 3629 Red Cedar 87 -13 12-foot front yard setback and two 3-foot side yard setback Point Road variances for the demolition of an existing cabin and the construction of a new home. 3601 Red Cedar 87 -1 0 45-foot shore land setback variance for a house addition. Point Road 3624 Red Cedar 85-20 4.8-foot side yard and 1.8-foot front yard variances for an Point Road addition to a garage. 3613 Red Cedar 83-9 12-foot front yard, a 2-foot side yard setback variances and a Point Road 7-foot shoreland setback for the construction of a single family home. ~Cl~~5~t.~Er) 9-;;J- 09 1'0 Lj~:r~ ~ ~ c2- ~~.~ fA ~~~ ~~~ -+ ~ ~ ~-&- ~ f;;V J\ t$-;n ~ ~ ~rfliie ~~ 3~/7 Kd~ tJ?~; .j~/ (J~aJ~ SCANNED " RIC ANDING & ASSOCIATES Traffic Accident Reconstruction and Analysis September 6, 2009 To the City ofChanhassen Re: Variance request Betsy Anding ~ In 1914 my grandfather bought land on Red Cedar Point and built the first home here. In 1943 my parents bought the home from my grandparents and our family and extended family has lived here ever since. During the years we have seen many changes, some good i.e. Dave Bangassers new home on South Cedar Drive, others not so good Le. THE HOUSE BUILT BY JIM JASON on South Cedar Drive. Betsy Anding is my niece and would like to build a home on land that has been in her family for over 50 years. I have reviewed the plans of the home she would like to build. This home requires some variances from the required set backs which I don't believe are unreasonable. I would encourage the city to approve the requested variances as the plans and house are not to the extreme and will blend into the existing neighborhood quite well. ~ Very Truly Yours, (jl,a4y Richard B. Anding 3715 South Cedar Drive. Excelsior, Minnesota 55331-9688 .Phon~ax(952)474-4211 EMAIL: ricanding@msn.com To Whom It May Concern: We have reviewed the preliminary plans and variances requested by Betsy Anding for the residence she hopes to build at 3625 Red Cedar Point. We have no objection to the requested variances. ~k . cS~~ eve & Marsha Keuseman 3622 Red Cedar Point Road Excelsior, Minnesota 55331 .0 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 September 24, 2009, 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 Anding Variance - Planning Case 09-15 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 ;;Ji.fJ^.day ofStp-k1n kr , 2009. KIM T. MEUWISSEN , Notary Public~Minnesota My Commission Expires Jan 31, 2010 en I: ~ CD ~ enS 1:,- .- In ... 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AARON J & ADRIENNE F THOMPSON 3711 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 BIRUT A M DUNDURS 3627 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 DEBORAH S LOCKHART & 3618 RED CEDAR POINT RD EXCELSIOR, MN 55331-7720 EMIL & PATRICIA SOUBA 14025 VALE CT EDEN PRAIRIE, MN 55344-3017 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR, MN 55331-9768 JILL D HEMPEL 3707 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 MARIA P KNIGHT 3605 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 SCOT A LACEK 3630 HICKORY RD EXCELSIOR, MN 55331-9766 STEVEN P & LAURIE A HANSON 5901 CARTER LN MINNETONKA, MN 55343-8966 THOMAS L & JESSICA B LYMAN 3603 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 ANVER L & ANNE K LARSON 3705 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 CATHERINE J BLACK 3629 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 DOUGLAS B & JAMIE ANDERSON 3607 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 GARY ALAN PETERSON & 1769 20TH AVE NW NEW BRIGHTON, MN 55112-5433 GREGORY P ROBERTSON & 3701 SOUTH CEDAR DR EXCELSIOR, MN 55331-9688 KEITH H & FRANCES M PAAP 3601 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 MARY JO ANDING BANGASSER 3633 SOUTH CEDAR DR EXCELSIOR, MN 55331-9686 STEPHEN M GUNTHER & 3628 HICKORY RD EXCELSIOR, MN 55331-9766 SUSAN A & JOHN R BELL 4224 LINDEN HILLS BLVD MINNEAPOLIS, MN 55410-1606 BETSY SANDING 3618 RED CEDAR PT EXCELSIOR, MN 55331-7720 CHARLES F & VICKI LANDING 6601 MINNEWASHTA PKWY EXCELSIOR, MN 55331-9657 EDWIN L & LIVIA SEIM 292 CHARLES DR SAN LUIS OBISPO, CA 93401-9204 GREGORY & JOAN DATTILO 7201 JUNIPER AVE EXCELSIOR, MN 55331-9614 JEAN D LARSON 3609 RED CEDAR POINT RD EXCELSIOR, MN 55331-7721 LUMIR C & SUSAN S PROSHEK 3490 MORNING LAKE DR #201 BONITA SPGS, FL 34134-9161 PETER J & KARRI J PLUCINAK 3631 SOUTH CEDAR DR EXCELSIOR, MN 55331-9686 STEVEN E & MARSHA E KEUSEMAN 3622 RED CEDAR POINT RD EXCELSIOR, MN 55331-7720 THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR DR EXCELSIOR, MN 55331-9686