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3 Variance 7000 Utica Lane eL MB.iS' Carisch Variance November 6, 2001 Page 2 APPLICABLE REGUATIONS Section 20-481 of the ordinance requires a seventy-five (75) foot structUral setback from the ordinary high water level (OHW) on recreational development lakes. Section 20-72(b) states if a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements.. BACKGROUND In 1959 the Greenwood Shores subdivision was platted with 84 lots. When the subject home was constructed, in 1960, it was setback approximately 75 feet from the current OHW from Lake Lucy, a recreational development lake. There is also an existing porch attached to the rear of the home, setback 62 feet from the OHW. The City requires a 75 foot setback. Staff surveyed aerial photographs, dated April 1989, and city files of the riparian lots in this subdivision. It was determined that all structures on 8 of 12 riparian lots meet the setback. The exception includes Lots 16, 19, 20 and 21. In 1997, Lot 19 was granted a variance to construct a deck 58 feet from the OHW. ANALYSIS The applicant is requesting a 14 foot variance from.the 75 foot shoreland setback to construct a new- second level deck. The proposed deck would wrap around the north, west and south sides of the home and be placed above the existing porch. Currently, a 14 foot by 14 foot porch is located on the first level in the rear of the home, 62 feet from the OHW. The applicant believes that a deck would provide enjoyment of the lake views. All of the neighboring properties do have decks (See Attfichment 4 for photographs). . . The existing home is a nonconforming structure as the porch is positioned 62 feet from the lake. The city codes states that if a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements (section 20-72(b)). Although the deck will not protrude further into the setback than the existing porch, it will, in essence, create a non-conforming setback. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. A "use" can be defined as "the purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained." In this case, because it is in a RSF zoning district, a reasonable use is a single-family home with a two-stall garage. The property owner currently does have a reasonable use of the site. Staff does not believe a hardship has been demonstrated and does not recommend approval of the variance for the construction of a new deck. DNR COMMENTS Peter Leete, a Hydrologist at the Department of Natural Resources (DNR) reviewed this variance request and provided the following comments (See Attachment 6): Carisch Variance November 6, 2001 Page 3 1. "I do not consider their needing a deck as being a hardship request. , They are not increasing the setback distance, but the size of the structure footprint will be increased. The City should consider the potential for setting a precedent for such a variance request. While an individual request such as this may seem minimal, there will no doubt be many more such requests as the homes among shorelines are upgraded over time. The City should consider the cumulative impact of this request, and the potential for overall weakening of the shoreland ordinances (and the intended benefits these ordinances provided to the lake itself). , ShOuld the variance be granted, I recommend attaching provisions for vegetative screening on the lakeside of the home. Additionally, runoff from the site should be such that untreated stormwater does not enter the lake (either via direct runoff, or via runoff to the street system). Various methods of landscaping can significantly reduce the amount of runoff leaving the site." FINDINGS 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 this criteria. Finding: The applicant has not demonstrated a hardship that would warrant the granting of this variance. The property owner does have reasonable use as a single family home with a porch exists on this site. The applicant does have the opportunity to use and enjoy their property without the additional deck. Approving this variance will increase the size of the nonconformity of the structure. 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 a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Co 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 purpose of this variance is not based upon a desire to increase the value or income of the property, but to improve the home physically. Carisch Variance November 6, 2001 Page 4 d. The alleged difficulty or hardship is not a self-created hardship. Finding: Staff believes that the hardship is self-created. The proposal for the additional deck is creating a hardship. eo 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 the variance will not be detrimental tO the public welfare or injurious to the neighborhood. 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 variance 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 the neighborhood. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies the request for a 14 foot variance from the 75 foot shoreland setback for the construction 39 foot by 12 foot deck based upon the findings presented in the staff report and the following: 1. The applicant has not demonstrated a hardship. 2. The applicant has an opportunity to enjoy a reasonable use of the property without a new deck. 3. The proposed deck will increase the size of the nonconforming structure." Should the Planning Commission choose to grant the variance request, staff would recommend the following conditions: 1. The applicant shall submit a landscape plan that provides vegetative screen from the lake. 2. The applicant should demonstrate that no additional stormwater should be directed to the lake. 3. The deck may not be enclosed. Attachments 1. Application & letter 2. Section 20-481, Shoreland Management District, Placement of Structure 3. Section 20-72(b), Nonconforming Uses and Structures Carisch Variance November 6, 2001 Page 5 4. Site Plan (pictures will be shown at meeting) 5. Approximate structure setbacks on Lake Lucy 6. Memo from Peter Leete (DNR), October 25, 2001 7. Public hearing notice and property owners g:\plan\jh\projects\variance\carisch.doc CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION .ADDRESS: ~'~_') L-t..-f-I(~. . -TELEPHONE (Daytime) OWNER: ADDRESS: TELEPHONE: 1 · I Comprehensive Plan Amendment Conditional Use Permit interim Use Permit '~"--J Non-conforming Use Permit PJanned Unit Development* Rezoning Sign Permits Sign PJan Review Site PJan Review* X Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRIVACNAR/WAP/Metes and Bounds, $400 Minor SUB) i . SubdMsion* TOTAL FEE $ ; ,A list o! all property owners within 500 feet of the boundaries of the property must be included with the application. ]~u3ding material samples must be submitted with site plan reviews. "Twenty-six full size folded copies of the plans must be submitted, including an 8W' X 11" reduced copy of :transparency for each plan sheet. ** Escrow will be required for other applications through the development contract ;NDTE-When multiple apPlications are processed, the alalarooriate fee sh~ll bp. nh~rnp, d fnr p.~c.h nnr31in~tinn. 1'F:~DF_SCRIPTION LC:Ti' ~, I~~ -J CT, AL ACREAGE '~fI.ANDS PRESENT ~J:~SENTZON]NG :RF_QUI--~ I h_.D ZONING PRY_SENT lAND USE DESIGNATION ]:~EQU.ESTED LAND USE DESIGNATION 3::{~qSON FOP, THiS REQUEST _ YES NO 'Th'is appTicatTon 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 :De. par~eni io determine the specific ordinance and procedural requirements applicable to your application. A de~rrnin~ion of completeness of the application shall be made within ten business days of application submittal. A written ~oiice z)f ap. plJcaZion deficiencies shall be mailed to the applicant within ten business days of application. "r'h]"s'~s t~ t'ert'ff¥ 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 applica!ion should be processed in my name and I am the party whom 1.he 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 applicaCan and the fee owner has also signed this application. I 'w~ 1,,oep myself informed of the deadlines for submission of material and the progress of this application. I further ~mderstand 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 ~y.kr~w[ed.ge. , 'The c'~y hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing ~'equkements 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. Si.gnaturs o,f Applicant S~rmure of Fee Owner Date Date .A~p~c~]on Rece]ved on Fee Paid Receipt No. "The appian! 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. PROPERTY DESCRIPTION: Lot 20, Block 1, GREENWOOD SHORES, Carver County, Minnesota, according to the record plat thereof. Property Address: 7000 Utica Lane Chanhassen, Minnesota 55317 The following is a description of the variance requested. We are requesting a variance of the distance require from the Original High Water Line (O.H.W.L.) reduced from 75' to 61' so we will be able to update our home including the addition of decks on the second level of the home. This variance is requested only for the second level decking. The decks would be on the second level on the north, west and south sides of the house, see Cert/t~cate of Survey plot drawing, without adding anymore hardcover to the ground nor changing the existing slab portion that is now on ground level and screened as a porch. We would like our home to be aesthetically similar to the surrounding houses. (See photographs of surrounding homes.) All of our neighbors including the majority of the homes on the east shore of Lake Lucy have decks over looking the lake. The reasoning for these decks and the request for our variance is to have additional exits and to enjoy this wonderful and peaceful lake. PROPERTY DESCRIPTION: Lot 20, Block 1, GREENWOOD SHORES, Carver County, Minnesota, according to the record plat thereof. Property Address: 7000 Utica Lane Chanhassen, Minnesota 5 $ 317 Written justification of how request complies with the findings for granting a variance (pursuant to Section 20-58) as follows: a. That the literal enforcement of this Chapter would cause undue hardship. ~Undue hardship" means 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 five hundred feet of it (500 feet). The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods pre-existing standards exist. Variances that blend with these preexisting standards without departing from them meet this criteria. Residing at 7000 Utica Lane in Chanhassen, we are requesting a variance as we feel the literal enforcement has caused undue hardship. Our home was built in the early 1960's and in requesting this variance we are looking to update the home including the addition of decks on the second level of the home. The decks would be on the second level on the north, west and south sides of the house. (See Certificate of Survey plot drawing.) In doing this we will neither be adding more hardcover to the ground nor changing the existing slab portion that is now on ground level and screened as a porch. This addition will impose no encroachment on neighbors view or site line, nor will it encroach on the lake. We would like our home to be aesthetically similar to the surrounding houses. (See photographs of surrounding homes.) All of our neighbors including the majority of the homes on the east shore of Lake Lucy have decks over looking the lake. The reasoning for these decks and the request for' our variance is to have additional exits and to enjoy this wonderful and peaceful lake. Again, in requesting this variance we are hoping to enjoy our home to its fullest extent as the rest of the lake shore neighbors are able to do. In doing this we are able to keep the impact on the land and footprint of the addition to a minimum. b. That the conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Not applicable. CITY OF G~AN~ASSF. N PROPERTY DESCRIPTION: Lot 20, Block 1, GREENWOOD SHORES, Carver County, Minnesota, according to the record plat thereof. Property Address: 7000 Utica Lane Chanhassen, Minnesota 55317 Written justification of how request complies with the findings for granting a variance (pursuant to Section 20-58) as follows: (cOntinued) c. That the purpose of the variation is not based upon a desire to increase the value of income potential of the parcel of land, The purpose of the requested variance is to enable us to update our home physically and aesthetically. Our intent is to reside here indefinitely and we feel these alterations are keeping within current design standards as well as neighborhood aesthetics. d. That the alleged difficulty or hardship is not a self created hardship. The lack of a deck area is not a self-created hardship, the house and surrounding property are in the same state as they were when purchased in 1994. There have been no improvements since the purchase in 1994 and the home needs repairing and updating. e. That 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 of land is located. The addition of a deck is definitely not detrimental to the public welfare, injurious to the land or other improvements in the neighborhood. In fact, this project will definitely be an improvement without changing the character of the area. f. That the proposed variation will not impair an adequate supply of light and air to the adjacent property or substantially increase the congestion of the public streets, or increases the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood. This proposed variation will not impair the supply of light or air, congest the public streets, nor create the danger of fire or endanger the public safety. This will improve the appearance and function of the house and support if not improve property values in the neighborhood. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIF, S, MINNESOTA ORDINANCE NO. 322 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE ZONING ORDINANCE The City Council of the City of Chanhassen ordains: Section 1. Section 20-481 (a) shall be modified to read: Sec. 20-481. Placement, design, and height of structure. (a) Placement of structures on lots. When more than one (1) setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: Classes of Public Structures Structures Sewered Sewage Treatment Waters Unsewered System LAKES Natural environment 150 150 150 Recreational 100 75 75 development RIVERS Agricultural and 100 50 75 tributary Whcn a structure cxists on a lot on cithcr sidc, thc sctback of a proposcd structurc shall bc thc grcatcr of thc distancc sct forth in thc abovc tablc or thc sctback of thc cxisting structurc. One (1) water-oriented accessory structure designed in accordance with section 20-482(e)(2)(b) of this article may be setback a minimum distance of ten (10) feet from the ordinary high water level. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 25th day of June, 2001. ATTEST: 7ffodd Gerhardt, Acting City Manager Linda C. Jansen, ~r (Published in the Chanhassen Villager on July 5,2001) § 20-60 CHANHASSEN CITY CODE Sec. 20-60. Denial. Variances may be deemed by the board of a~ustments and appeals and the council, and such denial shall constitute a finding and determination that the conditions required for approval do not exist. (Ord. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86) Secs. 20-61--20-70. Reserved. , DMSION 4. NONCONFORMING USES* Sec. 20-71. Purpose. The purpose of this division is: (1) To recognize the existence of uses, lots, and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension of any noncon- forming use, building, or structure; (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. (Ord. No. 165, § 2, 2-10-92) Sec. 20-72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structure change, or relo- cation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. (b) Not~ithst~mding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming-use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements.. (c) No nonconformlrtg use shall be resumed if normal operation of the use has been discontinued for a period of twelve (12) or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereaf'cer. Following the expiration of twelve (12) months, only land uses which are permitted by this ordinance shall be allowed to be established. *Editor's note-Section 2 of Ord. No. 165, adopted Feb. 10, 1992, amended Div. 4 in its entirety to read as set out in §§ 20-71-20-73. Prior to amendment, Div. 4 contained §§ 20-71-20-78, which pertained to similar subject matter and derived from Ord. No. 80, Art. III, § 5, adopted Dec. 15, 1936; and Ord. No. 163, § 1, adopted Feb. 24, 1992. Supp. No. 4 1164 AREA - 29383~ I // // // // /I // // II, /' // // // I ,/~ / I I/ .,.., .... wood fence ...... .......S89'25'$0"W 'r'--~'- x--~__x '"'~,.__~. C .... "~""~ x__......- --, / . ~~--'O.H. ~...~.- ~. .. '----- / Existing House / / ~'.l/ d~not~ I~th s~t ot O.H.~L, d~not~ Dr~lnog~ ~ Utility p~r th~ pl~ of GREENWOOD ~HORES denotes iron monument found Requested denotes iron pipe set end me.ed R.L.S, No, 1454~ deno~e~ soil boring denotes percolotion test hole Date: 12/18/00 Existing House I I I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I qm a duly Licensed Land Surveyor under the laws of the st~.~ M~n~~ Paul E. Otto Date: ~-//~-0/ License # 40062 PROPER TY DESCRIP 170N: Lot 20, Block 1, GREENWOOD SHORES, Corver County, Minnesota, according to the record plat thereof. Revised:  , Web Site: ~4',w. ottoassociate$.com Heidi Carisch Scale: Check. ed~¢~.,: -~~=.,.TTO 1 "=,.~0' _ _ . E~ee~ a~ La~ Suw¢~ lac Drawn By: D.N.M. 9 Wes1DMsloa SI. Buffalo, t, fN 55313 Ph: (783)882.4727 Fax: (763)~82.$522 Job No, 0689 EDWIN & CORREEN G NEWINSKI 6930 UTICA LN CHANHAS SEN MN 55317 DAVID W BERGSTROM & KIM E ERICKSON 7050 TECUMSEH LN CHANHASSEN MN 55317 GENE KLEIN 7091 TECUMSEH LN CHANHASSEN MN 55317 WILLIAM B & PATRICIA C WARD 6960 UTICA LN CHANHASSEN MN 55317 MARK K PLOOF & DONNA L SERSHEN 7040 TECUMSEH LN CHANHASSEN MN 55317 CARLA J FORMICO 7101 TECUMSEH LN CHANHASSEN MN 55317 WILLIAM D LAMBRECHT & JOANNE M LAMBRECHT 6990 UTICA LN CHANHASSEN MN 55317 REED P & MARY P NOBLE 7000 TECUMSEH LN CHANHASSEN MN 55317 RONALD G & G PAULY 7080 SHAWNEE LN CHANHASSEN MN 55317 HEDI J CARISCH 7000 UTICA LN CHANHASSEN MN 55317 MICHAEL R & LINDA M WRAYGE 6996 TECUMSEH LN CHANHASSEN MN 55317 WAYNE T CLAYTON & PHYLLIS J WEB B 7050 SHAWNEE LN CHANHASSEN MN 55317 ALICE L FOWLER 7050 UTICA LN CHANHASSEN MN 55317 JAMES J HASTREITER JR 6990 TECUMSEH LN CHANHASSEN MN 55317 CHARLES A EILER & MAVIS M CALLAHAN 7000 SHAWNEE LN CHANHASSEN MN 55317 SCOTT E & TAMARA G SATHER 7090 UTICA LN CHANHASSEN MN 55317 LEON & JOSEPHINE E HENDRICKSON 6986 TECUMSEH LN CHANHASSEN MN 55317 JOHN R & GLORIA COX 6990 SHAWNEE LN CHANHASSEN MN 55317 ROCKFORD R WALDIN JUDY M CHRISTENSEN 7100 UTICA LN CHANHASSEN MN 55317 WILLIAM R & BETH L DODGE 6981 TECUMSEH LN CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O SCOTT BOTC~.P~~ 690 CIT~ERI3RBOX 147 C~ASSEN MN 55317 STEVEN W & SUSAN E NOBLE 7100 TECUMSEH LN CHANHASSEN MN 55317 RICHARD C & JOANNE M POTZ 6991 TECUMSEH LN CHANHASSEN MN 55317 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317 GERARD W MAILER 7101 UTICA LN CHANHASSEN MN 55317 RICHARD J & JANET K LASH 7001 TECUMSEH LN CHANHASSEN MN 55317 JAMES W & CYNTHIA A ROSENDAHL 7090 TECUMSEH LN CHANHASSEN MN 55317 DANIEL R & MARILEE DUNSMORE 7051 TECUMSEH LN CHANHASSEN MN 55317 AVERY® Address Labets Laser 5160® NOTICE OF PUBLIC HEAR~G VARIANCE CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, November 6, 2001, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 690 City Center Drive. The purpose of this hearing is to consider the request for a variance to the lakeshore setback for the construction of a deck located on property zoned RSF, Residential Single Family and located at 7000 Utica Lane, Heidi Carisch/Vemon Hall. 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. Julie Hoisum, Planner I Phone: 937-1900, ext. 117 (Publish in the Chanhassen Villager on October 25,2001) Hoium, Julie From: Sent: To: Cc: Subject: Peter Leete [peter. leete@dnr.state.mn.us] Thursday, October 25, 2001 11:03 AM jhoium @ci.chanhassen.mn.us Travis Germundson Lake Lucy, 7000 Utica Lane Variance request. Julie, As discussed by phone, today, I have some opposition to this lake setback variance request. My comments: 1. I do not consider their needing a deck as being a.hardship request. 2. They are not increasing the setback distance, but the size of the structure footprint will be increased. The city should consider the potential for setting a precedent for such a variance request. While an individual request such as this may seem minimal, there will no doubt be many more such requests as the homes along shorelines are upgraded over time. The city should consider the cumulative impact of this request, and the potential for overall weakening of the shoreland ordinances (and the intended benefits these ordinances provide to the lake itself). 3. Should the variance be granted, I recommend attaching provisions for vegetative screening on the lakeside of the home. Additionally, runoff from the site should be such that untreated stormwater does not enter the lake (either via direct runoff, or via runoff to the street system). Various methods of landscaping can significantly reduce the amount of runoff leaving the site. Thank you for providing the opportunity to comment. If you have any questions please call me at 651-772-7916 Sincerely Peter Leete Hydrologist DNR Metro Waters 1200 Warner Rd. St. Paul MN 55106 NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 6, 2001 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Variance for Construction of a Deck APPLICANT: Heidi Carisch and Vernon Hall LOCATION: 7000 Utica Lane NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants, Heidi Carisch and Vernon Hall, are requesting a variance to the lakeShore setback for the construction of a deck located on property zoned RSF, Residential Single Family and located at 7000 Utica Lane. 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 Julie 937-1900 ext. 117. 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 October 25, 2001. LJ Smooth Feed SheetsTM Use template for 5160® EDWIN & CORREEN G NEWINSKI 6930 UTICA LN CHANHASSEN MN 55317 DAVID W BERGSTROM & KIM E ERICKSON 7050 TECUMSEH LN CHANHASSEN MN 55317 GENE KLEIN 7091 TECUMSEH LN CHANHASSEN MN 55317 WILLIAM B & PATRICIA C WARD 6960 UTICA LN CHANttASSEN MN 55317 MARK K PLOOF & DONNA L SERSHEN 7040 TECUMSEH LN CHANHASSEN MN 55317 CARLA J FORMICO 7101 TECUMSEH LN CHANHASSEN MN 55317 'WILLIAM D LAMBRECHT & JOANNE M LAMBRECHT 6990 UTICA LN CHANHASSEN MN 55317 REED P & MARY P NOBLE 7000 TECUMSEH LN CHANHASSEN MN 55317 RONALD G & G PAULY 7080 SHAWNEE LN CHANHASSEN MN 55317 HEIDI J CARISCH 7000 UTICA LN CHANHASSEN MN 55317 MICHAEL R & LINDA M WRAYGE 6996 TECUMSEH LN CHANHASSEN MN 55317 WAYNE T CLAYTON & PHYLLIS J WEBB 7050 SHAWNEE LN CHANHASSEN MN 55317 ALICE L FOWLER 7050 UTICA LN CHANHASSEN MN 55317 JAMES J HASTREITER JR 6990 TECUMSEH LN CHANHASSEN MN 55317 CHARLES A EILER & MAVIS M CALLAHAN 7000 SHAWNEE LN CHANHASSEN MN 55317 SCOTT E & TAMARA G SATHER 7090 UTICA LN CHANHASSEN MN 55317 LEON & JOSEPHINE E HENDRICKSON 6986 TECUMSEH LN CHANHASSEN MN 55317 JOHN R & GLORIA COX 6990 SHAWNEE LN CHANHASSEN MN 55317 ROCKFORD R WALDIN JUDY M CHRISTENSEN 7100 UTICA LN CHANHASSEN MN 55317 WILLIAM R & BETH L DODGE 6981 TECUMSEH LN CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O SCOTT BOTC~Px_--~ 690 CITY_~...C.BN-TEREIttBOX 147 C~ASSEN MN 55317 STEVEN W & SUSAN E NOBLE 7100 TECUMSEH LN CHANHASSEN MN 55317 RICHARD C & JOANNE M POTZ 6991 TECUMSEH LN CHANHASSEN MN 55317 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317 GERARD W MAHER 7101 UTICA LN CHANHASSEN MN 55317 RICHARD J & JANET K LASH 7001 TECUMSEH LN CHANHASSEN MN 55317 JAMES W & CYNTHIA A ROSENDAHL '7090 TECUMSEH LN CHANHASSEN MN 55317 DANIEL R & MARILEE DUNSMORE 7051 TECUMSEH LN CHANHASSEN MN 55317 Smooth Feed SheetsTM Use template for 5160® STATE OF MINNESOTA IN TRUST CIO AUDITOR - DNR WITHHELD 600 4TH ST E CHASKA MN 55318 ERIC MICHAEL RIVKIN 1695 STELLER CT EXCELSIOR MN 55331 LOSCHEIDER CUSTOM HOMES INC 1607 FLORIDA AVE N GOLDEN VALLEY MN 55427 JACK J & KATHRYN K RANDALL 1571 LAKE LUCY RD EXCELSIOR MN 55331 JUDITH A D~KS 6 PHEASANT LAWN OLIVIA MN 56277 ALAN ROBERT WE~GART & MARY E WE~qGART 1685 STELLER CT EXCELSIOR MN 55331 JOSEPH J & D GAYLE MORIN 1441 LAKE LUCY RD CHANHASSEN MN 55317 ROGER M & E ELAINE SAMPSON 6710 POINTE LAKE LUCY CHANHASSEN' MN : 55317 JAMES & CLAUDETTE G SCHLUCK 6800 UTICA TER CHANHASSEN MN 55317 ROGER M& E ELAINE SAMPSON 6710 POINTE L~ CHANHASSEN~ MN 55317 GERALD F HOFFMANN 6830 UTICA TER CHANHASSEN MN 55317 BONNIE S MCCOSKEY 6720 POINTE LAKE LUCY CHANHASSEN MN 55317 RONALD C & MARY ELLEN KNUDTE1~ 6850 UTICA TER CHANHASSEN MN 55317 ROBERT H MASON ~C 14201 EXCELSIOR BLVD HOPKINS MN 55345 PATRICK A MOHR & MAUREEN D LORD MOHR 6890 UTICA TER CHANHASSEN MN 55317 ROBERT H MASON 14201 EXCELS~TM HOP~ MN 55345 DALE E & GLORIA J CARLSON 6900 UTICA LN CHANHASSEN MN 55317 PRINCE R NELSON ..~ 7801 AUDUBON/g~~' C IArmA.S.S . MN .- 55317 CFFY OF CHANHASSEN CIO SCOTT BOTCHER ~ 690 CITY C~E~D~ PO BOX 147 CH~G~SEN MN 55317 ALLAN ROBERT &~AI~ 1685 STELL~R-C~ EXCE~LS~ MN 55331 - DENNIS E & SUSAN J SCHEPPMANN 16637 NORTH MANOR RD EDEN PRAIRIE MN 55346 MATTHEW L & SUZANNE C WOODS 6745 LAKEWAY DR CHANHASSEN MN 55317 City of Chanhassen 690 City Center Drive, P.O. Box 147 Chanhassen, MN 55317 (612)937-1900 Date: October 15, 2001 To: Development Plan Referral Agencies From: Planning Department By: Julie Grove, Planner I Subject: Request for a fourteen (14) foot variance from the seventy five (75) foot shoreland setback for the construction of a second level deck. The property is located on the eastern shore of Lake Lucy, at 7000 Utica Lane. The applicant is requesting a variance as part of a remodeling project. Currently, the existing home has a porch setback 62 feet from the OHW of Lake Lucy. Planning Case: 2001-6 VAR The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on September 11, 2001. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on Tuesday November 6, 2001 at 7'00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than October 29, 2001. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 8. Telephone Company (US West or Sprint) 9. Electric Company (NSP or MN Valley) 10. Triax Cable System 2. Watershed District Engineer 11. U. S. Fish and Wildlife 3. Soil Conservation Service 4. MN Dept. of Transportation 12. Carver County a. Engineer b. Environmental Services 5. U.S. Army Corps of Engineers 13. Other 6. Minnegasco 7. MN Dept. of Natural Resources