ApplicationCITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227 -1100
DEVELOPMENT REVIEW APPLICATION
CHANHASSEN PLANNING DEPT
PLtA5E PKINT
Applicant Name and Address:
Mark and Donna Malinowski
7250 Minnewashta Parkwa
Excelsior, MN 55331
Contact: Mark Malinowski
Phone: 802 -6374 Fax: (952)474 -1740
Email: mark @malintech.com
Property Owner Name and Address:
Same
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 (]UP)
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)
X Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
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 %" 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.
X Escrow for Filing Fees /A mey Cost **
UP /SPR/VAC A AP /Metes & Bounds
- $450 Minor SUB
TOTAL. FEE $ y
Planning Case No. 6 �/
CITY OF CHANHASSEN
RECEIVED
Attu ?_ ? 2012
PROJECT NAME: Mal i nows ki home addition
LOCATION: 7250 Minnewashta Parkway, Chanhassen, Minnesota
LEGAL DESCRIPTION AND PID: See attached. legal description; PID: 250081400
TOTAL ACREAGE: 5.50 acres
WETLANDS PRESENT: X YES NO
PRESENT ZONING: Single-family residential
REQUESTED ZONING: No change
PRESENT LAND USE DESIGNATION: Single - family residential
REQUESTED LAND USE DESIGNATION: No change
REASON FOR REQUEST: We wish to construct an addition to our house consisting of a 370
square foot one and a half story addition (14' x-26.5') and a 576 square foot one and
a half story attached garage (24' x 24'). The existing dwelling is within the 150 foo
setback from Lake St.. Joe, and because the - addition will also be within this 150 foot
setback, a variance is required. See attached explanation.
FOR SITE PLAN REVIEW. Include number of existing employees: N/A and new employees:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I 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.
Signature of Applica t Date
Signature of Fee Owner Date
gAplan\forms \development review app' ication.doc
ADDITIONAL INFORMATION REGARDING
MALINOWSKI VARIANCE REQUEST
1. See the attached written statement required by City Code Section 20 -58.
2. The legal description of the property is:
The South 900 feet of the following described tract: That part of Government
Lots 1 and 3,.. Section 8, Township 116, Range 23, Carver County, Minnesota,
lying North of a line drawn parallel with and distant 726 feet North of the South
line of said Government Lot 3, and West of the center line of County Road 3, as
now laid out and constructed, excepting that portion thereof lying within the right -
of -way limits of said County Road 3.
3. As noted on the plans submitted with this variance request, the addition and
attached garage are on the side of the existing residence opposite from Lake
St. Joe and therefore, the non - conformity with regard to the setback is not being
increased by this variance.. City Code Section 20 -72(d) provides that an
expansion or addition may be made to a detached single - family dwelling on a
non - conforming lot so long as the non - conformity is not increased.
4. In the Chanhassen City Code, the ordinary high water mark of Lake St. Joe is
shown as 945.2 feet. City Code Section 20- 481(e)(1) requires the lowest floor
level to be at least 3 feet above the ordinary high water mark. As noted on the
survey submitted with the variance application, the lowest point of the residence
on the property is 950.80 feet which is 5.60 feet above the ordinary high water
mark listed in the City Code and 5.12 feet above the current elevation of Lake
St. Joe as shown on the survey. Since the property slopes upward from Lake
St. Joe to Minnewashta Parkway, the remainder of the residence is at least this
far above the elevation of Lake St. Joe.
5. If granted, the variance will not alter the essential character of the neighborhood
because the use to which the property is put (single - family residential) will
remain consistent with applicable zoning ordinances and the improvements to
the property will promote rather than detract from the productive use of the
property.
CITY OF CHANHASSEN
RECEIVED
CHANHASSEN PLANNING DEPT
WRITTEN STATEMENT REQUIRED BY
CHANHASSEN CITY CODE SECTION 20 -58.
1. 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.
The single- family home on the property was constructed in its present location in
1951 and added to in 1976 by the prior owners before the current 150 foot
setback requirement was established. As a result, the home lies entirely within
the 150 foot setback. The requested variance for the addition and attached
garage are in harmony with the provisions of Chapter 20 of the Chanhassen City
Code because the proposed variance will retain the single- family residential
nature of the property, will not impair or affect adjacent properties in any manner,
will not unreasonably affect the property values within the area, or in any other
manner affect the health, safety or welfare of the citizens of Chanhassen. The
granting of the variance will promote the productive use and improvement of the
single - family residence located on the property in a manner consistent with the
Chanhassen zoning ordinance. The requested variance is consistent with the
City's comprehensive plan because the improvements in no way change the use
to which the property is put and such use is consistent with the City's
comprehensive plan.
2. 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.
The practical difficulty in complying with the 150 foot setback from Lake St. Joe
as provided in the zoning ordinance results from the existing home having been
built prior to the establishment of the setback and entirely within the 150 foot
setback. The construction of the addition and the attached garage is a
reasonable use of the property by the current owners, and such use would not
be permitted without the requested variance. The improvements are to be built
away from Lake St. Joe and do not increase the encroachment of the residence
into the setback area. This is certainly a reasonable use of the property which
would otherwise not be permitted by the City's zoning ordinance. The variance is
necessary to permit the owners to make improvements to their property.
3. That the purpose of the variation is not based upon economic considerations
alone.
CITY OF CHANHASSEN
RECEIVED
AUG 2 2 ?01?
CHANHASSEN PLANNING DEPT
The purpose of the variance request is not based on economic considerations. It
is based on the 150 foot setback requirement placed on this property after the
home was built. There are no economic considerations affecting this variance
request.
4. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
The current situation, and the need for the variance, was not created by the
current owners and is truly unique. The current 150 foot setback was put in
place long after the home was constructed. This situation was not created by the
Malinowskis. Compliance with the 150 feet setback would create a hardship in
that it would result in the Mallnowskis never being able to improve their property.
This situation was not created by the Malinowskis and has been in place since
they purchased the property in 1988.
5. The variance, if granted, will not alter the essential character of the locality.
The variance will not negatively affect or alter the character of the neighborhood.
The neighborhood is an area of single- family homes. If anything, the granting of
the variance, and the improvements to be made by the Malinowskis will enhance
the character of the neighborhood resulting in increased value for the property
and surrounding properties. In addition, the home is built at the bottom of a large
hill with a long driveway from Minnewashta Parkway. The property is only visible
to people across the lake.
6. Variances shall be granted for earth- sheltered construction as defined in Minn.
Stat. § 216C.06, subd. 14, when in harmony with this chapter.
Not applicable. No variance for earth - sheltered construction is being requested.
2