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PC Staff Report 09-06-2011PROPOSED MOTION: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2011 -09 for a 5,880 square -foot accessory structure area variance on property zoned Rural Residential, subject to the conditions of the staff report; and adoption of the Findings of Fact and Decision." SUMMARY OF REQUEST: The applicant is requesting a 5,880 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 4,000 square -foot storage structure in addition to an existing stable (2,880 square feet) on property zoned Rural Residential (RR). LOCATION: 1680 West 78 Street PID 25- 0100900 APPLICANT: Michael Gorra 1680 West 78 Street Chanhassen, MN 55317 PRESENT ZONING: Rural Residential (RR) 2030 LAND USE PLAN: Residential -Low Density (1.2 -4 units /acre) Residential - Medium Density (4 -8 units /acre) Residential -High Density (8 -16 units /acre) ACREAGE: 126 + acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. PROPOSAL SUMMARY The applicant is requesting a variance to exceed the 1,000 square -foot maximum area for a detached accessory structure to construct a 4,000 square -foot storage shed. The property currently has a 2,880 square -foot stable and a single - family home. The request includes the combined square footage of the detached accessory structures (6,880 square feet). The Zoning Ordinance limits detached accessory structures to 1,000 square feet. While the combination of the detached accessory structures exceed the maximum square footage by 5,880 square feet, the property is zoned Rural Residential and is used for agricultural purposes (farming and horses) and requires such structures for daily operations. Limiting the size of the accessory Gorra Variance Request Planning Case 11 -09 September 6, 2011 Page 2 of 6 structures to 1,000 square feet is a practical difficulty, being that the City Code requires all equipment to be stored within an enclosed structure. A 1,000 square -foot structure is not adequate to house all of the equipment required to run the agricultural use. M-0 WIN fill 1 The site is bordered by Lake Ann and a 150+ acres vacant parcel zoned Rural Residential (RR) to the north, West 78 Street and land owned by Southwest Transit to the south, Walnut Grove, Windmill Run, and Royal Oaks Estates Subdivisions, which are a combination of single and multi- family dwelling units zoned Planned Unit Development Residential (PUD -R) and Residential Single- Family (RSF) to the west, and to the east is Lake Ann Park (Parks and Open Space). While sewer and water services are available to the property, the site is currently served by a septic system and water well. Access to the parcel is gained via West 78 Street. Staff is recommending approval of the variance, subject to the conditions of the staff report. APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances. • Chapter 20, Article XI, Rural Residential (RR) District. • Section 20 -904 (1) Accessory Structures. Gorra Variance Request Planning Case 11 -09 September 6, 2011 Page 3 of 6 • Agricultural Exemption from State Building Code Relevant Minnesota Rules and Statutes. Minnesota Rules, Chapter 1300.0030 Purpose and Application. BACKGROUND The property is zoned Rural Residential (RR), which permits agriculture use. The subject property has an area in excess of 5,488,560 square feet (126 + acres). It has a lot frontage of approximately 2,150 feet along West 78 Street. The depth of the site is greater than 2,325 feet. Minimum lot area in the RR district is two and one -half acres with a minimum lot frontage of 200 feet at the road and minimum depth of 200 feet. The subject site exceeds the lot area, width, and depth requirements. There are three wetlands on the site. The first one is located at the northwest end of the property, the second is southwest of Lake Ann, and the third is located in the southwest corner of the property along West 78 Street. There is also a creek that connects Lake Ann and Lake Susan. The Metropolitan Council Lake Ann Interceptor runs vertically through the subject site. The Lake Ann Interceptor is a 42 -inch Metropolitan Council sewer line that is approximately 35 to 40 feet underground. The proposed storage shed will not impact the wetlands, creek or the Interceptor. The current property owner has resided on the property since 1977. While the site has development potential, it is staff's understanding that the owner intends to maintain the property as agricultural. Section 20 -904 Accessory Structures In 1995, the applicant received a Conditional Use Permit for the existing 2,880 square -foot stable that houses between 6 and 8 horses. At that time, the area of accessory structures was not limited in agriculturally zoned districts, since the structures and use of the property were related to agriculture. The current zoning ordinance limiting to the maximum 1,000 square -foot detached accessory structure was adopted in May of 2007. Prior to that, City Code limited the size of detached accessory structures for properties zoned Single Family Residential (RSF) and Mixed Low Density Residential (R4) Districts, but not in the Low and Medium Residential District (RLM), nor the Agricultural Estate (A2) and Rural Residential (RR) Zoning Districts since they were at one time related to agricultural uses. While the City's comprehensive plan does not provide for a purely agricultural land use, it does support the preservation of this use in greater Carver County. As the City continues to grow, agricultural uses are being replaced by estate homes. In some cases, contractors were purchasing the property and building accessory structures, in addition to an attached garage, to house their business. The City Code prohibits the use of accessory Gorra Variance Request Planning Case 11 -09 September 6, 2011 Page 4 of 6 structures for home occupations. In order to address this issue, the code was amended to limit the size of accessory structures to 1,000 square feet in all districts that permit single- family homes. At that time, it was presumed that legitimate agricultural uses which came in to construct or expand agricultural buildings would be able to receive a variance for such expansion since the size of the structure is related to its use for agricultural purposes. The "Practical Difficulty" standard would relate to the ability to maintain the farming operation and for the storage of agricultural machinery, equipment and supplies on an agricultural property. Further, agricultural buildings are a reasonable use on agricultural properties. Pursuant to Minnesota Rule 1300.0030 and MN Statute 273.13, the subject site is classified as agricultural land, as it exceeds 10 acres in size and is used for agricultural purposes. According to the Statute, agricultural buildings are exempt from the Minnesota State Building Code. Therefore, a building permit is not required; however, City Code Section 20 -91 requires a Zoning Permit prior to the construction of an agricultural building in order to verify the location, site coverage and other zoning standards. ANALYSIS The proposed structure is 100 feet by 40 feet (4,000 square feet) and the existing horse stable is 48 feet by 60 feet (2,880 square feet). Therefore, the variance request is for a 5,880 square -foot variance from the 1,000 square -foot detached accessory structure limitation. The proposed structure will be located southwest of the existing stable, over 200 feet from the sewer Interceptor, and over 300 feet from the creek. Therefore, it will not impact the wetland, creek or the Lake Ann Interceptor. To ensure the sewer Interceptor will not be impacted, staff has added a condition requiring the applicant to contact Gopher State One Call to locate all utilities in the area, including the y ilk i "ems, . 1V . Lake Am A --- - ------- --------- e , L Gorra Variance Request Planning Case 11 -09 September 6, 2011 Page 5 of 6 Interceptor, and a condition stating that the structure must maintain a minimum 40 -foot setback from the Interceptor, should the Interceptor require maintenance. The proposed structure will be in compliance with all required setbacks and height limitations as outlined in the RR zoning district and the Shoreland District. The height limitation in the Shoreland District and RR district is 35 feet. The proposed structure is 18 feet tall as measured from grade to the midpoint of the gable. The purpose of the request to exceed the 1,000 square -foot accessory structure limitation is to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. Agricultural uses were addressed in the discussion of the amendment in 2007, in that it would be a reasonable request based on a legitimate agricultural use and will be keeping in harmony with the general purpose and intent of the RR district. The practical difficulties of the variance to exceed the 1,000 square -foot limitation are directly related to the agricultural use of the property. The 126+ acres is currently farmed and contains horses within the existing stable. The proposed structure will house farm- related equipment and machinery. To ensure the structure will be used solely for agricultural purposes, staff has added a condition stating as follows: The structure shall not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. RECOMMENDATION Staff recommends that the Planning Commission approve the accessory structure variance subject to the following conditions and the adoption of the attached Findings of Fact and Decision. "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2011 -09 for a 5,880 square -foot accessory structure area variance on property zoned Rural Residential, based on adoption of the attached Findings of Fact and Decision and subject to the following conditions: 1. The applicant shall call Gopher State One Call (651) 454 -0002 to complete a locate request prior to construction. 2. The proposed building must be located a minimum of 40 feet from the Metropolitan Council Sewer Line. 3. The shed must meet all setback requirements. Gorra Variance Request Planning Case 11 -09 September 6, 2011 Page 6 of 6 4. A Zoning Permit is required. 5. The accessory structure may not be used for a home occupation as outlined in the Chanhassen City Code and may only be used for agricultural purposes as defined by Minnesota State Statute. 6. The accessory structure may not be used as a separate dwelling unit. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Proposed shed elevation. 4. Reduced copy of lot survey. 5. Agricultural Exemption from Sate Building Code Relevant Minnesota Rules and Statues. 6. Public Hearing Notice and Affidavit of Mailing. gAplan\2011 planning cases \11 -09 gorra variance -1680 west 78th street \pc staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Michael Gorra for a 5,880 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 4,000 square -foot accessory structure on property zoned Rural Residential (RR) — Planning Case #2011 -09. On September 6, 2011, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). The property is guided in the Chanhassen Comprehensive Plan for Residential -Low Density (1.2 -4 units /acre), Residential- Medium Density (4 -8 units /acre), and Residential -High Density (8 -16 units /acre). 2. The legal description of the property is as follows: Government Lot 3, Section 10, Township 116, Range 23, except the North 66 feet, as measured along the West line, of said Government Lot 3. Also the Southeast quarter of the Southeast quarter of Section 10, Township 116, Range 23, except that part of the Southeast quarter of the Southeast quarter described as commencing at the Southeast corner thereof, thence West along the South line of said quarter - quarter 556 feet; thence North parallel with the East line of said quarter- quarter 593.2 feet; thence deflecting to the right an angle of 62 degrees 00 minutes 150 feet, more or less, to the center line of the creek; thence Easterly along the center line of the creek to the East line of said quarter - quarter; thence South along said East line to the point of beginning. 3. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The subject site is zoned Rural Residential (RR). The purpose of the request to exceed the 1,000 square -foot accessory structure limitation to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. Agricultural uses were addressed in the discussion of the amendment in 2007, in that it would be a reasonable request based on a legitimate agricultural use and will be keeping in harmony with the general purpose and intent of the RR district. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The practical difficulties of the variance to exceed the 1,000 square -foot limitation are directly related to the agricultural use of the property. The 126+ acres are currently farmed and contain horses within the existing stable. The proposed structure will house farm - related equipment and machinery. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is unique due to the fact that it is an agriculturally zoned property within the City. City ordinance permits agricultural uses, such as farming on property zoned Rural Residential. It is essential for an agricultural use to store farm - related equipment and machinery. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the variance to exceed 1,000 square -feet limitation for accessory structures will not alter the character of the locality. The subject site is in excess of 126 acres, it is zoned for and permits agricultural uses. The proposed accessory structure will provide adequate agricultural storage for equipment and machinery on an agriculturally zoned property. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2011 -09, dated September 6, 2011, prepared by Angie Kairies, et al, is incorporated herein. 2 DECISION "The Board of Appeals and Adjustments approves Planning Case #2011 -09 for a 5,880 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 4,000 square -foot accessory structure on property zoned Rural Residential (RR)." ADOPTED by the Chanhassen Board of Appeals and Adjustments this 6 th day of September, 2011. CITY OF CHANHASSEN BY: Chairman Planning Case No ho ! C) CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant N me and Address: W%' 'T-, aP t, 9 lit. ♦ :Z 9 S l k AN hA j d R AJ, Contact: Phone: Fax: o� Email: Property Owner Name and Address: � _ — Contact: Phone: Fax: Email: NOTE Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non- conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right -of- Way /Easements (VAC) (Additional recording fees may apply) Variance (VAR) A�'� Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X �scrgyv for Filing Fees/ rney Cost ** $50 U PIS PR/VAC/ A AP /Metes & Bounds - $450 Minor SUB TOTAL FEE $ 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. *Five (5) full -size folded copies of the plans must be submitted, including an 8'/2" 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: LOCATION: - 19 5l V SS ev, LEGAL DESCRIPTION AND PID: <0, ,/ l-., / (-, / W/- - , - f a tS 0g v TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: 1 PRESENT LAND USE DESIGNATION: (4 0 ( )S C , FA FA R m (y 6 REQUESTED LAND USE DESIGNATION: S A M e, r � REASON FOR REQUEST: -A top- k) M AG ti 6 AV, OrrL, SVRA FOR SITE PLAN REVIEW: Include number of existing employees: N /A and new employees: /V / 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 1 am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate. Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. azo- o j Z Signature of Ap lic nt Vate Signature of Fee Owner Date glplan\foms \development review application.doc 171 �- _._.. 1 . . . . . . . . . . . . . . ........... .......... �__�.�._.�..oe_ - � _.� .--- -__ °.� �_..� --� € _--° ( � E - `t __ �_ _ .te r -- _._ - _ E _--�.. k _ _..._�� - ____ _�_� _�.._ � _�M. - �� � _ t T ------------- L L I.- I---- —L.- -4--4-4 ------------- \t 1 t 1 .�. � W Ct4R&SLE MAOSON COUNTY SURYE"I CARVE COUNTY, MI PRIL !� FEp t!7' C CMP 7605. i_ S o ["_ 200 SCANNED -' Agricultural Exemption from State Building Code Relevant Minnesota Rules and Statutes Minnesota Rules, Chapter 1300.0030 PURPOSE AND APPLICATION. Subpart 1. Purpose. The purpose of the code is to provide minimum standards to safeguard life and limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all structures and equipment specifically covered by the code in a jurisdiction that adopts and enforces the code. The purpose of the code is not to create, establish, or designate a particular class or group of persons who will or should be especially protected or benefited by the terms of the code. Subp.2. Application. A. The code applies statewide except as provided in Minnesota Statutes, sections 1613.72 and 1613.73, and supersedes the building code of any municipality. The code does not apply to agricultural buildings except with respect to state inspections required or rulemaking authorized by Minnesota Statutes, sections 103F.141, subdivision 8, and 326.244. Minnesota Statutes, §168.60 DEFINITIONS. Subd. 5. Agricultural building. "Agricultural building" means a structure on agricultural land as defined in section 273.13, subdivision 23, designed, constructed, and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, and sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products. Minnesota Statutes, §273.13 CLASSIFICATION OF PROPERTY. Subd. 23. Class 2. (a) Class 2a property is agricultural land including any improvements that is homesteaded. The market value of the house and garage and immediately surrounding one acre of land has the same class rates as class la property under subdivision 22. The value of the remaining land including improvements up to the first tier valuation limit of agricultural homestead property has a net class rate of 0.55 percent of market value. The remaining property over the first tier has a class rate of one percent of market value. For purposes of this subdivision, the "first tier valuation limit of agricultural homestead property" and "first tier" means the limit certified under section 273.11, subdivision 23. (b) Class 2b property is (1) real estate, rural in character and used exclusively for growing trees for timber, lumber, and wood and wood products; (2) real estate that is not improved with a structure and is used exclusively for growing trees for timber, lumber, and wood and wood products, if the owner has participated or is participating in a cost - sharing program for afforestation, reforestation, or timber stand improvement on that particular property, administered or coordinated by the commissioner of natural resources; (3) real estate that is nonhomestead agricultural land; or (4) a landing area or public access area of a privately owned public use airport. Class 2b property has a net class rate of one percent of market value. (c) Agricultural land as used in this section means contiguous acreage of ten acres or more, used during the preceding year for agricultural purposes. "Agricultural purposes" as used in this section means the raising or cultivation of agricultural products. "Agricultural purposes" also includes enrollment in the Reinvest in Minnesota program under sections 103F.501 to 103F.535 or the federal Conservation Reserve Program as contained in Public Law 99 -198 if the property was classified as agricultural (i) under this subdivision for the assessment year 2002 or (ii) in the year prior to its enrollment. Contiguous acreage on the same parcel, or contiguous acreage on an immediately adjacent parcel under the same ownership, may also qualify as agricultural land, but only if it is pasture, timber, waste, unusable wild land, or land included in state or federal farm programs. Agricultural classification for property shall be determined excluding the house, garage, and immediately surrounding one acre of land, and shall not be based upon the market value of any residential structures on the parcel or contiguous parcels under the same ownership. (d) Real estate, excluding the house, garage, and immediately surrounding one acre of land, of less than ten acres which is exclusively and intensively used for raising or cultivating agricultural products, shall be considered as agricultural land. Land shall be classified as agricultural even if all or a portion of the agricultural use of that property is the leasing to, or use by another person for agricultural purposes. Classification under this subdivision is not determinative for qualifying under section 273.111. The property classification under this section supersedes, for property tax purposes only, any locally administered agricultural policies or land use restrictions that define minimum or maximum farm acreage. (e) The term "agricultural products" as used in this subdivision includes production for sale of: (1) livestock, dairy animals, dairy products, poultry and poultry products, fur - bearing animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains, bees, and apiary products by the owner; (2) fish bred for sale and consumption if the fish breeding occurs on land zoned for agricultural use; (3) the commercial boarding of horses if the boarding is done in conjunction with raising or cultivating agricultural products as defined in clause (1); (4) property which is owned and operated by nonprofit organizations used for equestrian activities, excluding racing; (5) game birds and waterfowl bred and raised for use on a shooting preserve licensed under section 97A.115; (6) insects primarily bred to be used as food for animals; (7) trees, grown for sale as a crop, and not sold for timber, lumber, wood, or wood products; and (8) maple syrup taken from trees grown by a person licensed by the Minnesota Department of Agriculture under chapter 28A as a food processor. (f) If a parcel used for agricultural purposes is also used for commercial or industrial purposes, including but not limited to: (1) wholesale and retail sales; (2) processing of raw agricultural products or other goods; (3) warehousing or storage of processed goods; and (4) office facilities for the support of the activities enumerated in clauses (1), (2), and (3), the assessor shall classify the part of the parcel used for agricultural purposes as class 1b, 2a, or 2b, whichever is appropriate, and the remainder in the class appropriate to its use. The grading, sorting, and packaging of raw agricultural products for first sale is considered an agricultural purpose. A greenhouse or other building where horticultural or nursery products are grown that is also used for the conduct of retail sales must be classified as agricultural if it is primarily used for the growing of horticultural or nursery products from seed, cuttings, or roots and occasionally as a showroom for the retail sale of those products. Use of a greenhouse or building only for the display of already grown horticultural or nursery products does not qualify as an agricultural purpose. The assessor shall determine and list separately on the records the market value of the homestead dwelling and the one acre of land on which that dwelling is located. If any farm buildings or structures are located on this homesteaded acre of land, their market value shall not be included in this separate determination. (g) To qualify for classification under paragraph (b), clause (4), a privately owned public use airport must be licensed as a public airport under section 360.018. For purposes of paragraph (b), clause (4), "landing area" means that part of a privately owned public use airport properly cleared, regularly maintained, and made available to the public for use by aircraft and includes runways, taxiways, aprons, and sites upon which are situated landing or navigational aids. A landing area also includes land underlying both the primary surface and the approach surfaces that comply with all of the following: (i) the land is properly cleared and regularly maintained for the primary purposes of the landing, taking off, and taxiing of aircraft; but that portion of the land that contains facilities for servicing, repair, or maintenance of aircraft is not included as a landing area; (ii) the land is part of the airport property; and (iii) the land is not used for commercial or residential purposes. The land contained in a landing area under paragraph (b), clause (4), must be described and certified by the commissioner of transportation. The certification is effective until it is modified, or until the airport or landing area no longer meets the requirements of paragraph (b), clause (4). For purposes of paragraph (b), clause (4), "public access area" means property used as an aircraft parking ramp, apron, or storage hangar, or an arrival and departure building in connection with the airport. Copyright © 2006 by the Office of Revisor of Statutes, State of Minnesota. CITY OF CHANHASSEN AFFIDAVIT 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 August 25, 2011, 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 Gorra Variance — Planning Case 2011 -09 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. �J Kar­� J. En elhaT t, De ty Clerk Subscribed and sworn to before me this,�A� day of As. .fie 2011. T_ Notary P blic KIM T. MEUWISSEN �r 3, Notary Public- Minnesota My Commission Expires Jan 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 6, 2011 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Variance to allow an accessory structure Proposal: (agricultural building) in excess of 1,000 square feet on property zoned Rural Residential (RR). Applicant: Michael Gorra Property 1680 West 78 Street Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: ' Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /sery /plan /11- 09.htmi If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies(c),ci.chanhassen.mn.us or by Comments: phone at 952 - 227 -1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 6, 2011 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Variance to allow an accessory structure Proposal: (agricultural building) in excess of 1,000 square feet on property zoned Rural Residential RR). Applic Michael Gorra Property 1680 West 78 Street Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /sery /plan /11- 09.html If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies ci.chanhassen.mn.us or by Comments: phone at 952 - 227 -1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the P lanning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. PRINCE R NELSON LEN SIMICH MICHAEL J GORRA SOUTHWEST TRANSIT 7801 AUDUBON RD 1680 78TH ST W CHANHASSEN MN 55317 -8201 13500 TECHNOLOGY DR CHANHASSEN MN 55317 -4503 EDEN PRAIRIE MN 55344 -2283 WALNUT GROVE & WALNUT VILLAS HOMEOWNERS ASSOCIATIONS 1801 E 79TH ST #21 BLOOMINGTON MN 55425 -1230