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1 Variance 767 Carver Beach RoaCITY OF PC DATE: February 18, 2003 CC DATE: March 10, 2003 REVIEW DEADLINE: March 4, 2003 CASE #: 2003-2 VAR STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Lot Area, Front Yard Setback, and Hard Surface Coverage Variances for the construction of a single family residence on a nonconforming lot of record 767 Carver Beach Road Jeffery King 767 Carver Beach Road Chanhassen, MN 55317 (952) 470-5456 I.tJ PRESENT ZONING: Single Family Residential District - RSF 2020 LAND USE PLAN: Low Density Residential ACREAGE: 8,562 square feet DENSITY: SUMMARY OF REQUEST: The applicant is requesting a front yard and a hard surface coverage variance to build a single family home on a nonconforming lot of record. Staff is recommending approval with modifications. Notice of this public hearing has been mailed to all property owners within 500 feet on February 6, 2003. 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 burden of proof is on the applicant to show that they meet the standards in the ordinance. /,~ 0 --/ Im Po l ill Jeffery King Variance February 18, 2003 Page 2 APPLICABLE REGULATIONS Sec. 20-615. Lot Requirements and Setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter and Chapter 18: (1) The minimum lot area is fifteen thousand (15,000) square feet. (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25%) percent (5) The setbacks are as follows: a. For front yards, thirty (30) feet. BACKGROUND The subdivision of Carver Beach was created in 1927. It appears that the majority of the lots meet today's standards. The same is true for structures on those lots. SITE ANALYSIS The applicant is proposing to demolish an existing nonconforming single family hOme that was constructed in 1954 and replacing it with a new single family structure. The existing non- conformities include encroachment into two side yards (9.5 and 8.75 feet), hard surface coverage (29.5%), and a substandard lot area (8,562 square feet). The lot gains access off of Carver Beach Road. The proposed new structure will maintain the required 10 foot side yard setbacks; however, the applicants intends to maintain a 20 foot front yard setback (the ordinance requires 30 feet). The proposed residence encroachment into the front yard will interfere with sight distances and could jeopardize safety. There is an option that staff is recommending that will accommodate the applicant's request and greatly reduce the level of non-conformities. Staff is recommending the applicant flip the proposed structure so that the livable area of the residence is located to the west Jeffery King Variance February 18, 2003 Page 3 and the garage is to the east. The length of the driveway will be shorter, which will reduce the hard surface coverage. Applicant's proposed layout Jeffery King Variance February 18, 2003 Page 4 Staff's Proposed Layout Ordinance Existing Applicant's Staff's Proposal proposal Lot Area 15,000 sq. ft. 8,562 sq. ft. 8,562 sq. ft. 8,562 sq. ft. Setback from Carver 30' 41.9' 20' 26' Beach Road Side Yard Setback 10' 9.5 10' 10' West Side Yard Setback 10' 8.75' 10' 10' South Hard Surface 25% 29.5% 33.45% 28%+ Coverage SIGHT DISTANCE After visiting the site, it is apparent that the location of the proposed house will affect the sight distance of motorists on Carver Beach Road. Due to the close proximity of the road to the property line and the narrow pavement width of the road, sight distance around the road curve is greatly affected by the placement of the house. The proposed house on the survey is protruding approximately ten feet into the required 30-foot setback. Staff estimates that this protrusion results in a sight distance of 185 feet. This estimate assumes that there is a clear line of sight around the curve. In reality, there are two significant trees (a 24" maple and a 12" pine) in the front yard' area that further obstruct the line of sight. The trees can be assumed to decrease the sight distance by a minimum of five feet, which results in a sight distance of 180 feet around the curve. AASHTO's (American Association of State Highway and Transportation Officials) minimum stopping sight distance for 30 mph streets is 188 feet. As such, staff would recommend that the house location be revised to stay within the required 30-foot setback. VARIANCE FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: mo 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 applicant is requesting to demolish a house located on an existing lot of record and build a new residence. Staff is not opposed to the rebuilding of the home; however, there are alternative layouts that will minimize the level of variances requested. Flipping the layout of the house will reduce the hard surface coverage and the front yard setback. It will minimize interference with sight distances. Staff agrees that there is a Jeffery King Variance February 18, 2003 Page 5 reduced setback standard in this neighborhood, however, structures on these other parcels are not directly impacting safety. Furthermore, the ordinance prohibits intensification of non-conformities (i.e. setbacks, hard surface coverage, etc.) and allows structural changes in cases when these non-conformities are reduced. bo 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 properties in the RSF zoning district 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 proposed variation will improve a nonconforming setback and allow it to become more in compliance with staff's recommendation. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The applicant has chosen a layout that does not work on this lot. It encroaches into required front yard setbacks and increases the hard surface coverage. There are alternative designs that can work on this site that will allow the applicant reasonable use of the property. 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: Approval of the variances as recommended by staff will improve a nonconforming situation. 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 variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets with staff's recommendation. Based upon these findings, staff is recommending approval of this variance with conditions. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: '~I'he Planning Commission approves variance request 2003-2 to allow a 26 foot front yard setback, 28% hard surface coverage for the construction of a single family home on a nonconforming lot of record as shown on plans dated January 3, 2003, with the following conditions: Jeffery King Variance February 18, 2003 Page 6 1. o 6. 7. 8. Show all of the existing utilities adjacent to the lot, i.e. sanitary sewer, storm sewer, and watermain. Show all proposed and existing contour lines along with the proposed house elevations. Show the proposed house with elevations, driveway, sidewalk, etc. The driveway for the new house must stay within 10 feet of the southerly side lot line to provide the maximum sight distance for motorists on Carver Beach Road. Revise the house location to stay within the required 30-foot setback The applicant shall flip the home as shown in staff's layout. The home shall maintain a 26 foot front yard setback. The home shall maintain a 28% hard surface coverage." ATTACHMENTS 1. Application and Notice of Public Hearing 2. Plans CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: ADDRESS: [:PHONE (Day time) OWNER: ADDRESS: TELEPHONE: q~'?__- q7o -..5'Y.S-/=, Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non-conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision* __ Temporary Sales Permit Vacation of ROW/Easements ,,~ Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment __ Notification Sign X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPR/VACNAR/W AP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. ]:~uilding material samples must be submitted with site plan reviews. '"Twenty-six full size folded copies of the plans must be submitted, including an 81/2'' X 11" reduced copy of ~ each plan sheet. ** Escrow will be required for other applications through the development contract ]qDTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION 767 l FGALDESCRIPTION TOTAL ACREAGE W~'LANDS PRESENT PRESENT ZONING PJ~QUESTED ZONI N G PRESEI~r LAND USE DESIGNATION ]:~EQUESTED LAND USE DESIGNATION 'REASON FOR THIS REQUEST YES ~ NO q'his 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 ten business days of application submittal. A written ~otJce of application deficiencies shall be mailed to the applicant within ten business days of application. 'Thi~ 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 applica!ion 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 ~his application and the fee owner has also signed this application. 1 w~ keep myseff 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 rny ~nowledge. The cTty 'hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Signature?,~icant J /-3-o3 Date Date Signature of Fee Owner Ap. plic~bn Recebed on Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. PLANNING COMMISSION AND CITY COUNCIL 2002 MEETING DATES AND APPLICATION DEADLINES DEADLINE PLANNING COMMISSION CITY COUNCIL DECEMBER 14, 2001 JANUARY 15, 2002 FEBRUARY 11,2002 DEADLINE PLANNING COMMISSION (Work session on 2/5) CITY COUNCIL JANUARY 18, 2002 FEBRUARY 19, 2002 MARCH 11,2002 DEADLINE FEBRUARY 1, 2002 PLANNING COMMISSION MARCH 5, 2002 CITY COUNCIL MARCH 25, 2002 DEADLINE FEBRUARY 15, 2002 PLANNING COMMISSION MARCH 19, 2002 CITY COUNCIL APRIL 8, 2002 DEADLINE MARCH 1,2002 PLANNING COMMISSION APRIL 2, 2002 CITY COUNCIL APRIL 22, 2002 DEADLINE MARCH 15, 2002 PLANNING COMMISSION APRIL 16, 2002 CITY COUNCIL MAY 13, 2002 DEADLINE APRIL 5, 2002 PLANNING COMMISSION MAY 7, 2002 CITY COUNCIL MAY 28, 2002 DEADLINE PLANNING COMMISSION CITY COUNCIL APRIL 12, 2002 MAY 21,2002 JUNE 10, 2002 DEADLINE MAY 3, 2002 PLANNING COMMISSION JUNE 4, 2002 CITY COUNCIL JUNE 24, 2002 DEADLINE MAY 17, 2002 PLANNING COMMISSION JUNE 18, 2002 CITY COUNCIL JULY 8, 2002 DEADLINE MAY 31,2002 PLANNING COMMISSION JULY 2, 2002 CITY COUNCIL JULY 22, 2002 DEADLINE JUNE 14, 2002 PLANNING COMMISSION JULY 16, 2002 CITY COUNCIL AUGUST 12, 2002 DEADLINE JULY 5, 2002 PLANNING COMMISSION AUGUST 6, 2002 CITY COUNCIL AUGUST 26, 2002 DEADLINE JULY 19, 2002 PLANNING COMMISSION AUGUST 20, 2002 CITY COUNCIL SEPTEMBER 9, 2002 DEADLINE AUGUST 2, 2002 PLANNING COMMISSION SEPTEMBER 3, 2002 CITY COUNCIL SEPTEMBER 23, 2002 DEADLINE PLANNING COMMISSION CITY COUNCIL AUGUST 16, 2002 SEPTEMBER 17, 2002 OCTOBER 14, 2002 DEADLINE PLANNING COMMISSION CITY COUNCIL AUGUST 30, 2002 OCTOBER 1,2002 OCTOBER 28, 2002 DEADLINE PLANNING COMMISSION (Work session 11/5) CITY COUNCIL SEPTEMBER 13, 2002 OCTOBER 15, 2002 NOVEMBER 25, 2002 DEADLINE OCTOBER 18, 2002 PLANNING COMMISSION NOVEMBER 19, 2002 CITY COUNCIL DECEMBER 9, 2002 DEADLINE NOVEMBER 1,2002 PLANNING COMMISSION DECEMBER 3, 2002 CITY COUNCIL JANUARY 13, 2003 DEADLINE DECEMBER 6, 2002 PLANNING COMMISSION JANUARY 7, 2003 CITY COUNCIL JANUARY 27, 2003 DEADLINE DECEMBER 20, 2002 PLANNING COMMISSION JANUARY 21,2003 CITY COUNCIL FEBRUARY 10, 2003 DEADLINE PLANNING COMMISSION CITY COUNCIL JANUARY 3, 2003 FEBRUARY 4, 2003 FEBRUARY 24, 2003 3 CiTY OF CHANHASSEN DEVELOPMENT FEE SCHEDULE Comprehensive Plan Amendment a. Minor MUSA line for failing on-site sewers Conditional Use Permit (Does not include site plan review) a. Single family residence b. All others Grading Permits a. Under 50 cubic yards b. 50-1000 cubic yards c. Over 1000 cubic yards - processed as IUP-use UBC Interim Use Permit a. Single family residence b. All others Notification Signs a. Rental b. Damage deposit $500.00 $100.00 $75.00 $400.00 Notrequired $50.00 $75.00 $400.00 $50.00 $100.00 Planned Unit Development/Rezoning $750.00 a. Minor Amendment $100.00 b. Major Amendment $750.00 Rezoning $500.00 Sign Permit a. Permanent $50.00 b. Temporary $35.00 Sign Plan Review $150.00 Site Plan Review a. Commercial/industrial districts b. Residential districts c. Administrative Subdivision a. Create 3 lots or less b. Create over 3 lots c. Final Plat d. Metes and Bounds Division e. Consolidate lots f. Administrative Subdivision $250 + $10 per 1,000 sq. ft. of building area $250 + $5 per dwelling unit $100.00 $150.00 $400 + $15 per lot Included in one time fee Zoning Ordinance Amendment Wetland Alteration Permit a. Single family residence b. All other uses Monumentation required for all wetland buffer strip locations (city will install signage and monumentation) Zoning Appeal Variance $75.00 $150.00 $275.00 $20.00 -0- $500.00 Temporary Sales Permit $35.00 Vacation of Right-of-way/Easements $100.00 $150 + $50 per lot over 3 $100.00 $100.00 Filing Fees/Attorney Costs (Attorney's time to ensure proper drafting & documentation) a. Recording Documents b. Recording Plats & Related Documents $10 + County Fees $100 + County Fee 1) 1-3 lots 2) 4-10 lots 3) 11-30 lots 4) 31+ lots Consultant Fees Flood Zone information and written zoning requests. All requests must be made in writing. $125 + County Fee $200 + County Fee $350 + County Fee Cost will be billed to developer $25.00 Jeffery A. King 767 Carver Beach Road ~ Chanhassen ~. Minnesota ~ 55317 952-470-5456 (home) 612-369-0442 (cell) January 15, 2003 TRANSMITTED VIA HAND DELIVERY Sharmeen AI-Jaff- Senior Planner City of Chanhassen 7700 Market Boulevard Post Office Box 147 Chanhassen, Minnesota 55317 Re: 767 Carver Beach Road, Chanhassen, Minnesota 55317 - Variance Request Dear Sharmeen: I have assembled a brief synopsis in support of my variance request for 767 Carver Beach Road. My synopsis is as follows: Home History The existing Carver Beach residence was constructed in 1957 as a vacation cottage without the intent to be utilized as a full-time year round residence. For the past eleven years, I have occupied the home as my only residence. Over the years, I have discovered the original home construction did not take into account or anticipate current building code restrictions requiring minimum lot sizes, setbacks, plumbing, electrical and structural code standards. Building Obstacles The home has numerous obstacles making it practically infeasible for me to justify a remodel. These obstacles include (i) a deteriorating foundation lacking a drain tile system, (ii) a single car garage limitation due to the garage placement on the lot, (iii) an outdated and ungrounded electrical system requiring signification upgrades, (iv) a non-individually vented plumbing system making it extremely difficult for any kind of kitchen or bath remodel and (v) unusual lot dimensions including a ninety degree curve cutting through the lot. As a result, every primary design and structural aspect of the home creates a significant barrier for a remodel. This places me, or any potential future owner, in a position to tear down the home should they desire to improve or expand the residence. Rebuild Design and Variance Request The rebuild I have proposed is appropriate for the lot dimensions, neighborhood and natural environment of the community. The home I have researched and selected has a 62' x 32' foot-print containing 1915 total square feet, modest by today's new construction standards, but a significant improvement to the current 863 total living square feet available. The existing house is below current minimum square footage requirements by the City of Chanhassen. The proposed new home is a two-story contemporary "A" frame that would complement the surrounding log homes, wooded lots and lake views. I have considered many options including alternative house placements, home designs, neighboring home styles and sight lines. In attempting to deal with the lot's curve, I have found it difficult, if not impossible, to find a practical rebuild design, given Chanhassen's thirty foot front setback requirement. In an effort to compliment the lot's size and shape limitations, I propose the new garage be placed on the west end of the lot, due to the fact that the sewer, water, gas and electric are accessed off the south east side of the lot. Consistent with many of the neighboring homes, the new home design require a modest setback variance due to the original home's history, current building obstacles and limited rebuild design options. I sincerely hope the committee takes into account the careful and deliberate research I have undertaken in my effort to improve the 767 Carver Beach Road residence. I have truly enjoyed the community and neighboring surroundings for the past eleven years and want to remain at my current location. PIease contact me at any of the above referenced numbers should you have any questions or request additional information. Sincerely, December 27, 2002 Mr. Jason Angell Planner I City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 RE: King Residence, 767 Carver Beach Road Dear Jason: This letter is follow up to our meeting Tuesday, December 27. I have completed a hard surface analysis of both my existing house and proposed home. I used the dimensions from the survey to calculate the footprint of my house. To measure the front stairs and well cap I used a 25' tape measure. To measure the driveway, sidewalk and concrete slab (on the side of the garage) I used a measuring wheel. My existing house was built in 1957 and originally had a foundation footprint of 666 square feet. Sometime in the last twenty years an addition for a second bedroom and a single car garage was added to the west side of the house. This addition is 29' deep by 15'7" wide for atotal addition of 452 square feet. The current house and garage has a total footprint of 1,118 square feet. My understanding is that current building code would not allow a house this small to be built in Chanhassen today. My proposed residence is larger, the main part of the house is 32'x30', this includes a 17'x6' front porch that is cut into the front of the house. The house is connected to the garage by an 8' wide link. The garage has outside dimensions of 24' wide by 26' deep. I scaled a 20' wide driveway from the garage to the lot line to calculate the square footage of driveway. The sidewalk was figured from the front steps turning at 90 degrees and connecting to the driveway. I assumed the sidewalk and garage apron will be 40" wide. The new house will not have a well or any additional concrete slabs. Please feel free to contact if you need further information. Sincerely, Je/e m NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 18, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Variance for the Construction of a Single Family Home APPLICANT: LOCATION: Jeffrey King 767 Carver Beach Road NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Jeffrey King, consider a request for front, lot area, and hard surface coverage variances for the construction of a single family residence on property zoned RSF, Residential Single Family, located at 767 Carver Beach Road. What Happens at the Meeting: 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 public hearing through the following steps: 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. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134. 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. Notice of this public hearing has been published in the Chanhassen Villager on February 6, 2003. 25-1601350 DWIGHT E & ALICE M IMKER 810 PONDEROSA DR CHANHASSEN MN 55317-9562 25-1601370 ROBERT C MACFARLANE 6850 YUMA DR CHANHASSEN MN 55317-9554 25-1601390 BRUCE & CHARLENE BURRINGTON 6869 YUMA DR CHANHASSEN MN 55317-9554 25-16O140O KLEVE L & LORILEE ANDERSON 760 PONDEROSA DR CHANHASSENMN 55317-9419 25-1601410 HARLAN KOEHNEN 7263 PONTIAC CIR CHANHASSEN MN 55317-9454 25-1601420 ROBERT JOHN MOORE 6839 YUMA DR CHANHASSEN MN 55317-9554 25-1601430 JEAN E LOPEZ 6859 YUMA DR CHANHASSEN MN 55317-9554 25-1601440 BRUCE & CHARLENE BURRINGTON 6869 YUMA DR CHANHASSEN MN 55317-9554 25-1601450 MARGARET D ROSSING 130 CYGNET PL LONG LAKE MN 55356-9734 25-160146O TROY D STOTTLER &JESSICA R TSCHIDA 6800 RINGO DR CHANHASSEN MN 55317-9558 25-1601470 ROBERT S & KIRSTEN P ROJINA 751 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-1601480 DAVID W WORKMAN 745 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-1601490 RICHARD E ROSSINGC/O MARGARET D ROSSING 130 CYGNET PL LONG LAKE MN 55356-9734 25-1601500 RICHARD E ROSSING 739 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-1601510 ROBERT S & KIRSTEN P ROJINA 751 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-1601520 ROBERT S & KIRSTEN P ROJINA 751 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-160153O GERALYN J HAYDEN 749 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-1601550 GREGORY J CARLSON &KATHLEEN M NYGAARD 760 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-1601560 TODD L FROSTAD 6728 LOTUS TRL CHANHASSEN MN 55317-8573 25-1601580 STEVEN K OIEN 6780 LOTUS TRL CHANHASSEN MN 55317-8573 25-1601590 STEVEN K & BONNIE JO OIEN 6780 LOTUS TRL CHANHASSEN MN 55317-8573 25-1601600 GERMAN D SEGURA-GOMEZ 750 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-1601601 GILBERT W & SHERRY L SIEVERS 746 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-1601610 PAUL R & CATHERINE M DOLS 730 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-160163O STANLEY R CRONISTER &JOANNE MUGGLI-CRONISTER 6730 LOTUS TRL CHANHASSEN MN 55317-8573 25-1601640 STEVEN K OIEN 6780 LOTUS TRL CHANHASSEN MN 55317-8573 25-1601650 JANICE MARIE HAZELTON 740 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-0600020 DARRYL K & CARA H JONES 833 CREE DR CHANHASSEN MN 55317-9599 25-9600030 STEVEN J & JOAN M CRONSON 801 CREE DR CHANHASSEN MN 55317-9599 25-1600510 DONALD & SIGFRID SENNES 6680 MOHAWK DR CHANHASSEN MN 55317-9546 25-1600570 HERMINE R LUSTIGTRUSTEES OF TRUST 6699 MOHAWK DR CHANHASSEN MN 55317-9546 25-1600890 ROBERT A WIEST 840 CARVER BEACH RD CHANHASSEN MN 55317-9432 25-1600900 RYAN C & SANDRA L MOSLEY 6710 HOPI RD CHANHASSEN MN 55317-9427 25-1600910 MICHAEL A & ROBBIE WOITALLA 6712 HOPI RD CHANHASSEN MN 55317-9427 25-1600950 TIMOTHY C & LORNA L GORNY 800 CARVER BEACH RD CHANHASSEN MN 55317-9432 25-1600970 KEITH M YOLK 790 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-1600980 DANIEL T RUTLEDGE 6711 HOPI RD CHANHASSEN MN 55317-9427 25-1601000 RUTH E LUNDE 6721 HOPI RD CHANHASSEN MN 55317-9427 25-1601010 DENNIS R & MARY K OLDS 6727 HOPI RD CHANHASSEN MN 55317-9427 25-1601020 DENNIS R & MARY K OLDS 6727 HOPI RD CHANHASSEN MN 55317-9427 25-160104O LARRY L & MARY E BARRETT 6741 HOPI RD CHANHASSEN MN 55317-9427 25-1601050 JASON A & CINDY E BOLDENOW 6890 LOTUS TRL CHANHASSEN MN 55317-9559 25-1601060 IRMA HEYDT DEGLER 6711 MOHAWK DR CHANHASSEN MN 55317-9431 25-1601070 BRUCE ROBERT JOHANSSON 6701 MOHAWK DR CHANHASSEN MN 55317-9431 25-1601110 LAWRENCE & PAULA VELTKAMP 6724 LOTUS TRL CHANHASSEN MN 55317-8573 25-1601170 ANGELA M PRUISNER 841 CARVER BEACH RD CHANHASSEN MN 55317-9420 25-1601180 THOMAS L & JUDITH L RAYMOND 834 CREE DR CHANHASSEN MN 55317-9599 25-1601190 ANDREW G & NICOLE M SIEMENS 6780 YUMA DR CHANHASSEN MN 55317-9541 25-1601200 MELVIN G HERRMANN 795 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-1601210 MARTIN P & AMY E JENSEN 770 CREE DR CHANHASSEN MN 55317-9464 25-1601220 RICHARD J SPARTZ &KELLY I AMES 777 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-1601230 JAY D HOPIA &ROBIN L MOSCHOGIANIS 760 CREE DR CHANHASSEN MN 55317-9464 25-16O 1240 JEFFERY A KING 767 CARVER BEACH RD CHANHASSEN MN 55317-9422 25-1601250 MICHAEL F & BARBARA A COYLE 757 CARVER BEACH RD CHANFtASSEN MN 55317-9422 25-1601270 JONATHON P RADEMACHER 820 IMPERIAL DR CHANHASSEN MN 55317-9418 25-16O1280 KURT P & SHELLY LANGHEINRICH 6800 YUMA DR CHANHASSEN MN 55317-9541 25-1601290 DOUGLAS H & CORAZON KALLEVIG 6830 YUMA DR CHANHASSEN MN 55317-9541 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) NOTICE OF PUBLIC HEARING PROPOSED VARIANCE CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that ' the Chanhassen Planning Commissionwill hold a public hearing on Tuesday, February 18, 2003 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to consider a request for front, lot area, and hard surface coverage variances for the construction of a single family residence on property zoned RSF, Residential Single Family, located at 767 Carver Beach Road, ,~effrey King. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen AI-Jaff, Senior Planner Phone: 952-227-1134 (Published in the Chanhassen Villager on , Thursday, January 30, 2003; No. 4853) Stan Rolfsmd, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and~ze of type used in the composition abcdefghijkimnopqrs) -- .~/-/ Sta~ Rolfsrud, General Mana~'~r or his designated agent Subscribed and sworn before me on this ~7~)-;-day of ~ ~ , 2003 Notary Public ~L/ 1~ N _OTAR¥ ~UBL,C MI.NESOTA 1 ~ My Commission Expires Ja,,. 31, 2005 RATE INFORMATION Lowest c]assi£ied rate paid by commercial users £or comparable space.... $21.00 per colum~ inch Maximum rate altowed by law for the above matter ................................ $2I .00 per column inch Rate actually charged for the above matter. .............................................. $10.63 per column inch CITYOF CHAN SEN 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Adminislration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Couller Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Siie w¢,v. ci.chanhassen.mn.us MEMORANDUM TO: Sharmeen A1-Jaff, Senior Planner FROM: Matt Saam, Asst. City Engineer ~ DATE: February 5, 2003 SUB J: Review of Variance Request for Jeffrey King 767 Carver Beach Rd. - Variance File No. 2003-2 Upon review of the certificate of survey dated November 18, 2002 prepared by DeMars- Gabriel, I offer the following comments and recommendations: SIGHT DISTANCE After visiting the site, it is apparent that the location of the proposed house will affect the sight distance of motorists on Carver Beach Rd. Due to the close proximity of the road to the property line and the narrow pavement width of the road, sight distance around the road curve is greatly affected by the placement of the house. The proposed house on the survey is protruding, approximately, ten feet into the required 30-foot setback. Staff estimates that this protrusion results in a sight distance of 185-feet. This estimate assumes that there is a clear line of sight around the curve. In reality, there are two significant trees (a 24" maple and a 12" pine) in the front yard area that further obstruct the line of sight. The trees can be assumed to decrease the sight distance by a minimum of five feet, which results in a sight distance of 180-feet around the curve. The AASHTO (American Association of State Highway and Transportation Officials) minimum stopping sight distance for 30 mph streets is 188-feet. As such, staff would recommend that the house location be revised to stay within the required 30-foot setback. RECOMMENDED CONDITONS OF APPROVAL Show all of the existing utilities adjacent to the lot, ie. sanitary sewer, storm sewer, and watermain. Show all proposed and existing contour lines along with the proposed house elevations. 3. Show the proposed house with elevations, driveway, sidewalk, etc. The driveway for the new house must stay within 20-feet of either of the side lot lines to provide the maximum sight distance for motorists on Carver Beach Rd. 5. Revise the house location to stay within the required 30-foot setback c: Teresa Burgess, Director of Public Works/City Engineer Dan Remer, Eng. Tech 1/I g:\eng\matt\memos\staff reportsXking variance.doc The City of Chanhassen * A growing commuuily with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CERTIFICATE OF SURVEY ZOR: JEFF KING PROPERTY DESCRIPTION: Lofs 1421 and I431-1434, CARVER BEACH, CARVER COUNTY, MN. Manhole ~ ~ x 993.6 x 992.7 ~ -- 997.0 ~ Adjacent 1456  House Adjacent House ~ X 996.5 o Dono[es iron monument X 000.0 Denotes existing elev. BENCHMARK: Invert Sanitary Manhole ~90 ~ Dena[es surface drainage Elev~[ion=979.50/Rim Elevation=994.45 C:~EP~D~W~I File No. I hereby cedlfy that this su~ey, plan or report was prepared by me or under DEMARS-GABRIEL my direct supe~ision and that I om a duly Registered Land Su~eyor under the 11684 5050 Harbor Lane No.~~~ 410-68 Plymouth, MN 55447 David E. Crook Scale pnon :(Te ) 559-0908 Manhole (~ 996.79 Ad.~menf H~u~a 997.2 x FOR: JEFF KING Utiliiy Pole / t "BM" Manhole #gO %4 ~.~ '~ 24' ® S 66~54'27'' E Adjacent Manhole /I / / Utilib~ Pole N Denotes iron monument X 000.0 Denotes existing elev. ~ Denotes surface drainage DEMAR,_q- GABRIEL LAND SURVEYORS, INC. BENCHMARK: Invert Sanitary Manhole #90 Elevation=979.50/Rim ElevaUon=994.45 C:\EP\DRAW~1168~.DWG '1 hereby certify that this survey, plan or report was prepared by me or under File No. my direct supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Book-Page David E. Crook Date: Minn. Reg. No. ' Scale