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PC Staff Report 09-18-2012PROPOSED MOTION "The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, denies Planning Case #2012 -10 for a 1,560 square -foot accessory structure area variance from the 1,000 square -foot accessory structure limitation to allow for a 2,560 square -foot accessory structure on property zoned Agricultural Estate District (A2), and adopt the attached Findings of Fact and Denial." SUMMARY OF REQUEST: The applicant is requesting a 1,560 square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a 2,560 square -foot accessory structure on property zoned Agricultural Estate District (A2). LOCATION: 620 West 96 Street 0tre, E 155' OF W 930' OF SW1 /4 NW1 /4, SECTION - • 25, TOWNSHIP 116, RANGE 23, EXC: P -21 F `"` ,; "• r- �,r MNDOT R -O -W PLAT #10 -22. -- 1 _ P APPLICANT: Andrew and Shannon Riegert r 620 West 96 Street Chanhassen, MN 55317 (612) 685 -8815 r4 andrewknaturalsurroundingsmn.com AP PRESENT ZONING: Agricultural Estate District (A2). 2030 LAND USE PLAN: Residential Low Density (1.2 — 4 units Managc i► \�etkind per acres) _. I (CR 14) ACREAGE: 4.47 acres (194,713.2 square feet) DENSITY: NA ADJACENT ZONING: The properties to the north, south, east and west of the subject property are zoned Agricultural Estate District (A2). Access to the site is via West 96 Street to the north of the property. 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 Riegert Variance Request Planning Case 2012 -10 September 18, 2012 Page 2 of 7 discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL SUMMARY The applicant is requesting a 1,560 square -foot variance to exceed the 1,000 square -foot maximum area for a detached accessory structure to construct a 2,560 square -foot accessory structure. The property currently has a single - family home with an attached garage. There are no detached accessory structures existing on the property. The applicant is intending to use the accessory structure for additional storage and work space. Chapter 20, Article XXIII, Division 1, Section 20 -904 regarding accessory structures limits detached accessory structures to 1,000 square feet. The property is zoned Agricultural Estate District (A2) and is located at 620 West 96 Street. APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances. • Chapter 20, Article X, "A -2 ", Agricultural Estate District • Chapter 20, Article XXIII, Division 1, Section 20 -904, Accessory Structures BACKGROUND The property is located north of Pioneer Trail and west of Highway 101 at 620 West 96 Street and is zoned Agricultural Estate District (A2). The property has an area of 194,713.2 square feet (4.47 acres), which satisfies the minimum lot area requirement of two and one -half acres in the A2 district. The property has 155 feet of lot frontage and a depth of 1,200 feet. Staff notes that the lot frontage does not meet the 200 -foot lot frontage minimum for the A2 district. The house was built in 1966 and purchased by the applicant in 1998 with the intention of constructing an accessory structure. The homeowners acquired a permit to install a crushed gravel driveway from 96 Street to the intended location of the structure. At the time of driveway installation a pad was graded for the intended accessory structure. The project was then put on hold for financial reasons. In 2004, the owner added an attached garage and a house addition. The total house addition was 298 square feet. The attached garage was 27 feet by 37 feet and 999 square feet in size. The current zoning ordinance limits detached accessory structures to a maximum of 1,000 square feet. This ordinance limiting the area of accessory structures in Agricultural Districts was adopted in May of 2007 in response to contractors purchasing property and building accessory structures to house their businesses. City Code prohibits the use of accessory structures for home occupations. Riegert Variance Request Planning Case 2012 -10 September 18, 2012 Page 3 of 7 At the time of the ordinance amendment there were discussions regarding reasonable requests for structures in excess of 1,000 square feet to be used for a legitimate agricultural use. Minnesota State Statute 17.81— Definitions, Subdivision 4 defines agricultural use as "use of land for the production of livestock dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural and nursery stock which is under chapter 18H, fruit of all kinds, vegetables, forage, grains, bees, and apiary products. " It was decided after the discussions that requests for accessory structures in excess of 1,000 square -feet would be reasonable if based on a legitimate agricultural use. This intended use of the accessory structure to be located on the subject property is for storage; therefore, it would not be considered to be for a legitimate agricultural use. Staff reviewed city records to determine if any structures in proximity to the subject site were constructed after the accessory structure limitation was adopted in 2007. In December of 2007, the Planning Commission approved a 177 square -foot variance to exceed the 1,000 square -foot maximum for accessory structures. The variance was to allow for a 452 square -foot addition to an existing 725 square -foot detached garage. There was also a structure constructed sometime after 2005, without record of a building permit. It is unclear if this structure was constructed before or after the adoption of the zoning ordinance in 2007. L_ Proposed location for storage building Structure constructed after 2005, no permit on file Variance 2007 -28. Request for a 177 square -foot variance to exceed the 1,000 square -foot maximum for accessory structures to allow for a 452 square -foot addition to an existing 725 square -foot detached garage — APPROVED. If a subject property meets the criteria as listed below or found in Minnesota Statutes 1613.60 and 273.13, the agricultural building would be exempt from Minnesota State Building Code and would not require a building permit. The property located at 620 West 96`" Street does not qualify as agricultural land because the property has a 4.47 total acres. Therefore, the accessory structure would require a building permit. Riegert Variance Request Planning Case 2012 -10 September 18, 2012 Page 4 of 7 Minnesota Statutes 16B.60 — Definitions defines agricultural building to mean "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 goods. " Minnesota Statute 273.13 — Classification of property, Subdivision 23. Class 2 defines agricultural land to mean "contiguous acreage of ten acres or more, used in the preceding year for agricultural purposes. " ANALYSIS The applicant is requesting a 1,560 square -foot variance from the 1,000 square -foot maximum detached accessory structure limitation to construct a 2,560 square -foot accessory structure. The applicant bought the property in 1998 with the intention of building an accessory structure. At the time of purchase there was no accessory structure area limitation. After grading work was done to level a pad for the structure, the project was put on hold due to financial reasons. The applicant is intending to use the additional space for storage and work space and has submitted a list and photos of intended uses with the application: 1. Storage and restoration of vintage automobiles, snowmobiles, lawn mowers and tractors 2. Provide space for indoor storage of a motorhome and boat 3. Provide space for an art studio 4. Tack room for horse equipment The applicant has not chosen a contractor or company to construct the accessory structure to date. However, the applicant does have several examples of what the building would look like. The structure will be in earth -tone, tan and green, as shown in the image to the right. Staff is concerned with the large size of the structure. This concern orginates from the possibility home occupations may be conducted out of accessory structures. Home occupations are a common cause of complaint by citizens. They often create an excess in parking, traffic and noise. r Riegert Variance Request Planning Case 2012 -10 September 18, 2012 Page 5 of 7 Currently, it does not appear that the homeowner has intentions of selling the property. However, staff is concerned that if the property would be sold in the future, it may be purchased by a person with intentions of operating a home occupation out of the large outbuilding. In the past staff has found that it is very difficult to remove and terminate noncomplying home occupations. The subject property is guided by the Comprehensive Plan for residential low density use and is included in the 2010 Metropolitian Urban Services Area. This area will redevelop in the future as a more suburban type development. Historically, 85 percent of residential low density land is developed with approximately one -third acre lots and single - family detached resdiential units. The remaining 15 percent of development is some other type of low density residential use e.g., twin homes, town houses at a density of less than four units per acre. Accessory structures in excess of 1,000 square feet are not conducive to these types of development. The applicant would be in compliance with zoning regulations by a reduction in the size of the structure to maintain the 1,000 square -foot accessory structure limitation. This would allow for a 20' x 50' structure or similar configuration. According to City Code the applicant does have reasonable use of the property with the existing home and garage. SITE CONDITIONS There are not any topographical or pre- existing conditions or characteristics on the site that would constitute a hardship or need for the variance. The location for the proposed accessory structure was previously graded and would likely not require additional grading for the construction. There is a Manage Two Wetland located on the southern most portion of the site. The intended location of the structure would meet the Manage Two Wetland setback requirements. NEIGHBORHOOD The applicant believes the accessory structure would fit into the neighborhood. Staff did confirm there are several properties with an excess of 1,000 square -feet in accessory structure area; these properties are illustrated in the image on the following page. Riegert Variance Request Planning Case 2012 -10 September 18, 2012 Page 6 of 7 2Stre�t r7 m (41 i Properties in proximity to the subject property have accessory structures ranging in size from 200 square feet to 13,500 square feet (this is a combination of five detached accessory structures). These structures were constructed prior to the 2007 ordinance amendment. The accessory structures in excess of 1,000 square feet at the time of the ordinance amendment are considered to be legal nonconforming. Staff is sympathetic to the applicant's request for an accessory structure; however, literal interpretation of the City Code does not establish a hardship. ALTERNATIVE Should the Chanhassen Planning Commission decide to approve the variance request for a 1,560 square -foot accessory structure area variance from the 1,000 square -foot accessory structure limitation to allow for a 2,560 square -foot accessory structure, staff recommends the following conditions be adopted: 1. The accessory structure will require a building permit. 2. The accessory structure must comply with Minnesota State Building Code. Riegert Variance Request Planning Case 2012 -10 September 18, 2012 Page 7 of 7 3. Outdoor storage must comply with City Code. 4. The accessory structure may not be used for the purpose of a home occupation as defined in the Chanhassen City Code. RECOMMENDATION Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, deny Planning Case #2012 -10 for a 1,560 square -foot accessory structure area variance from the 1,000 square -foot accessory structure limitation to allow for a 2,560 square -foot accessory structure on property zoned Agricultural Estate District (A2), and adopt the attached Findings of Fact and Denial. ATTACHMENTS 1. Findings of Fact and Decision (Denial). 2. Findings of Fact and Decision (Approval). 3. Development Review Application. 4. Original lot survey. 5. Reduced copy of the proposed lot survey. 6. Public Hearing Notice and Affidavit of Mailing. gAplan\2012 planning cases\2012 -10 620 west 96th street variance\staff report 620 west 96th street.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of Andrew and Shannon Riegert for a 1,560 square -foot area variance from the 1,000 square -feet accessory structure limitation to allow for a 2,560 square -foot accessory structure on property zoned Agricultural Estate District (A2) — Planning Case 2012 -10. On August 21, 2012, 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 Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: E 155' OF W 930' OF SW1 /4 NWl /4, SECTION 25, TOWNSHIP 116, RANGE 23, EXC: P -21 MNDOT R -O -W PLAT #10 -22. 4. 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 Agricultural Estate District (A2). The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide additional storage and maintenance for non - agricultural equipment. During the 2007 amendment discussion, it was indicated that requests for accessory structures in excess of 1,000 square feet would be reasonable if based on a legitimate agricultural use. This structure is being used for storage and not for agricultural uses; therefore, it is not keeping in harmony with the general purpose and intent of the A2 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: Currently, the property owners have reasonable use of the subject property within the Agricultural Estate District, A2, as a house and attached garage exist on the property. Accessory agricultural buildings are listed as a permitted accessory use however; the proposed accessory structure does not meet the criteria for an agricultural building. Literal interpretation of the code does not constitute a hardship or practical hardship. The applicant could build a 1,000 square -foot accessory structure in compliance with the zoning regulations. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for personal storage and work space. d. The plight of the landowner is due to circumstances unique to -the property not created by the landowner. Finding: The homeowner purchased the property with the intention of constructing an accessory structure in 1998, but due to financial hardships the project was put on hold. During the time the project was on hold, the City of Chanhassen passed an ordinance limiting the size of accessory structures in A2 districts to 1,000 square feet. This does not constitute a unique hardship not created by the landowner since a 1,000 square -foot structure could be constructed. e. The variance, if granted, will not alter the essential character of the locality. Finding: There are several properties in proximity to the subject property that have accessory structures in excess of 1,000 square feet. These accessory structures were constructed prior to the 2007 ordinance amendment limiting accessory structure size and are considered to be legal nonconformities. However, this area is guided for residential low density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. 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 42012 -10, September 18, 2012, prepared by Ashley Mellgren, et al, is incorporated herein. 2 111BT41 M U1101 "The Chanhassen Planning Commission, acting as the Board of Adjustment and Appeals, denies Planning Case #2012 -10 for a 1,560 square -foot accessory structure area variance from the 1,000 square -foot accessory structure limitation to allow for a 2,560 square -foot storage building on property zoned Agricultural Estate District, A2." ADOPTED by the Chanhassen Planning Commission this 21" day of August, 2012. CITY OF CHANHASSEN Chairman DECISION "The Chanhassen Planning Commission, acting as the Board of Adjustment and Appeals, approves Planning Case 42012 -10 for a 1,560 square -foot accessory structure area variance from the 1,000 square -foot accessory structure limitation to allow for a 2,560 storage building on property zoned Agricultural Estate District, A2, subject to the conditions of the staff report." ADOPTED by the Chanhassen Planning Commission this 21 day of August, 2012. CITY OF CHANHASSEN IM Chairman CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of Andrew and Shannon Riegert for a 1,560 square -foot area variance from the 1,000 square -feet accessory structure limitation to allow for a 2,560 square -foot accessory structure on property zoned Agricultural Estate District (A2) — Planning Case 2012 -10. On September 18, 2012, 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 Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: E 155' OF W 930' OF SW1 /4 NW1/4, SECTION 25, TOWNSHIP 116, RANGE 23, EXC: P -21 MNDOT R -O -W PLAT #10 -22. 4. 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 Agricultural Estate District (A2). The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide additional storage and maintenance for non - agricultural equipment. During the 2007 amendment discussion, it was indicated that requests for accessory structures in excess of 1,000 square feet would be reasonable if based on a legitimate agricultural use. This structure is being used for storage and not for agricultural uses; therefore, it is not keeping in harmony with the general purpose and intent of the A2 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: Currently, the property owners have reasonable use of the subject property within the Agricultural Estate District, A2, as a house and attached garage exist on the property. Accessory agricultural buildings are listed as a permitted accessory use however; the proposed accessory structure does not meet the criteria for an agricultural building. Literal interpretation of the code does not constitute a hardship or practical hardship. The applicant could build a 1,000 square -foot accessory structure in compliance with the zoning regulations. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for personal storage and work space. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The homeowner purchased the property with the intention of constructing an accessory structure in 1998, but due to financial hardships the project was put on hold. During the time the project was on hold, the City of Chanhassen passed an ordinance limiting the size of accessory structures in A2 districts to 1,000 square feet. This does not constitute a unique hardship not created by the landowner since a 1,000 square -foot structure could be constructed. e. The variance, if granted, will not alter the essential character of the locality. Finding: There are several properties in proximity to the subject property that have accessory structures in excess of 1,000 square feet. These accessory structures were constructed prior to the 2007 ordinance amendment limiting accessory structure size and are considered to be legal nonconformities. However, this area is guided for residential low density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. 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 #2012 -10, September 18, 2012, prepared by Ashley Mellgren, et al, is incorporated herein. 2 DECISION "The Chanhassen Planning Commission, acting as the Board of Adjustment and Appeals, denies Planning Case #2012 -10 for a 1,560 square -foot accessory structure area variance from the 1,000 square -foot accessory structure limitation to allow for a 2,560 square -foot storage building on property zoned Agricultural Estate District, A2." ADOPTED by the Chanhassen Planning Commission this 18 day of September, 2012 CITY OF CHANHASSEN :• Chairman 3 Planning Case No. 1jL 1 PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 CITY RECEIVEDSSEN JUL 2 0 2012 DEVELOPMENT REVIEW APPLICATION CHMMSEN PLANNING DEPT Applicant Name and Address: 11"Ncm yua'E4 f� I LLA C_l aN W AS6eO W4 57YIC Contact: Atj zz J F-IF-689 -T Phone: bta. 67 5 -'MS Fax: Email: ��ar�b?Ina ���srh� �ri 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) , Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign - $200 (City to install and remove) X Escrow for Filing Fees /Attorney Cost ** - $50 CUP /SPRNACNARMAP /Metes & Bounds - $450 Mino SUB P � �xccic� cast TOTAL FEE $ Sv . AaSO cK 46ok 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. PROJECT NAME: Ru- BWA LOCATION: (OaO ST. CMMI SSH t SS J 1 _7 LEGAL DESCRIPTION AND PID: * 150Z53500 TOTAL ACREAGE: 'A.47 WETLANDS PRESENT: X YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: S;Fle kly�P\C as LLT EK . FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that 1 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. 1l19lID' Date wo'. Milk CITY OF CHANHASSEN RECEIVED JUL 2 U 2012 CHANHASSEN PLANNING DEPT gAplanWormsWevelopment review application.doc SCANNQ) I am asking for a variance to build a 40'x 64' Pole Barn. The reason I am requesting the variance will be outlined below. In 1998 we purchased the property with the intent to install a pole barn. At the time there was not a 1000' sq. ft. maximum on building size. We acquired a permit to install a crushed gravel driveway from 96 St. to our backyard. At that time we had the excavating work done to level a pad for the pole barn. Due to financial reasons, we were forced to put the pole barn project on hold. Now we are in a position to move forward but have been told there is the sq. ft. size limit. We need additional storage /work space for multiple reasons. • Storage and restoration of vintage automobiles. • Storage and maintenance of snowmobiles • Storage and maintenance of Lawn mower • Indoor storage of Motorhome • Art studio • Restoration of vintage John Deere tractors • Tack room for horse equipment 19' 8OXT This is a small list of the uses that we had intended for the pole barn. We feel it would fit in to the neighborhood very well as many of our neighbors have sheds of a similar size and even larger. Thank you for your consideration. Andrew & Shannon Riegert 620 W. 96 St. CITY OF CHANHASSEN RECEIVED JUL 2 0 2012 CHANHASSEN PLANNING DEPT SCANNED OIL A �,c GpN °gip v4 R,23 ,C* o a 1, — — a5w�q E RpN k ° i Z� T�{ , 1NS�GNC+ PS pF g� P`N1 G q V too QAZ.37 �.� �T l✓ 891, 67 i� O N P rP F� pV NP�t , �_ CE VP'SI ,IP•IEQ� K —r Orwveo �3z95 Cp NSTR I. { o LJ 0a 0.31 E•Ass A+� VSF` 0�� adanF. a4- 9E J� : ` y k 18.4 3.3 e 0994 8? �P�Si D5 a I. 93 a4u ti CKT' p &m .m O Apt� ✓ 2b. 3 � D ,°� ,q � LE N Ue E 1s,t� Niaz' K. •z�° en 11. + - -3 3 `[upNwe / v Lo APPROVE .O, DEPT.-. �G a•. $bFCb' � DEPT.: � � \_ DATE: - -� 0Y . Lx X10 S F ^ rG 7la 583, 54581 ', P DEPT./�'�� DATE. C 1 �� W �,O Bearings are assumed 6011�7(02!yg& .._ Subject to a)*ements of .record if any j�g9a0( '4- O'Denotes set or found iron pipe monuments �ouist UIM A zuVA - 'MO ' SEC-2S $ Denotes set wood hub and tack Proposed garage floor elevation . 'Te4.0 Denotes existing elevation Proposed' top of block elevation 78g0 Denotes proposed finish grade elevation Denotes direction of surface drainage CeP= - _ Proposed lowest floor elevation �E' L- ftt�11SCAPP VNG �1. Cl {MJCs�. DRRItJ R f `�I �(11NI+�uNn Gu�o� toe OR,a��n , o �VQ4 To .Ro"a Ens Gass .�s 2.0 I hereby certify that this is ,a true anal correct representation of a'survey of ,the boundaries -TBC GRST k%.U 4+' awv-$T Z)W.04QP -1 0.5 M2asu2e0 ' ofawag4he nlo{rH na Sount V-Q6 il�erexF,4 N1e, oust- C1 U County, Minnesota as on file and of record ` Vy6r *R V.a�e?'V:fC 'Fhet1oRaa. +Wfsc (a5W Vq.aF tyw"�1•) �' SeejADA 2 aSe R 161 V-hn1GC 23 ,. a in the Office of the County Recorder inr and for•said County, also showing the proposed'location of a house as staked thereon, That I am a duly Registered Land Surveyor under the Laws of the State of Minnesota, ' Dated: Grp b REC - CITY OFCHANHASSEN RE � . RECEIVED JUL 2 U 2012 NOV 2 9.2004 Allan R. Hastings Minnesota Registration No. : 17009' CKQMSSEN PLANNING DEPT CHANHASSEN INSPECTIONS 212 First Avenue E. ' . ��I q `► j� Suite No. C 11 is 11jLE ©Pjoft,� fj&ZQj5gFj) TO v(� Shakopee., Minnesota 55379 Phone 9k2 '445 4 02.7 i i SCANNED O 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 9, 2012, 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 a Structure Variance Request at 620 West 96 Street — Planning Case 2012 -10 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. Kaw/h J. En D&ty Clerk Subscribed and sworn to before me this day of Aitc "4 , 2012. VV 4 Notary Pu is KIM T. MEUWISSEN Notary Public- Minnesota 7 r ; a � My commission Expires Jan 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 21, 2012 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 a Variance from Section 20 -904 of the Chanhassen Proposal: City Code to allow an accessory structure in excess of 1,000 square feet on pro zoned Agricultural Estate District A2 Applicant: Andrew & Shannon Rie ert Property 620 West 96 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 ro'ect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2012 -10. If you wish to talk to someone about this project, please contact Ashley Mellgren Questions & by email at amellgren(abci.chanhassen.mn.us or by phone at Comments: 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, August 21, 2012 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: Citv Hall Council Chambers, 7700 Market Blvd. Request for a Variance from Section 20 -904 of the Chanhassen Proposal: City Code to allow an accessory structure in excess of 1,000 square feet on pro zoned Agricultural Estate District A2 Applicant: Andrew & Shannon Rie ert Property 620 West 96 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 /2012 -10. If you wish to talk to someone about this project, please contact Ashley Mellgren Questions & by email at amellgren(cDci.chanhassen.mn.us or by phone at Comments: 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, elease contact the Planning Staff person named on the notification. ANDREW T RIEGERT DONALD E HALLA REV TRUST ETAL DOUGLAS J & REBECCA A DUCHON 620 96TH ST W 6601 MOHAWK TRL 9630 FOXFORD RD CHANHASSEN MN 55317 -8601 EDINA MN 55439 -1029 CHANHASSEN MN 55317 -8688 DOUGLAS L & PAULA JO STEEN 701 96TH ST W CHANHASSEN MN 55317 -8603 GREGORY M FALCONER 720 96TH ST W CHANHASSEN MN 55317 -8603 HALLA FAMILY LP 495 PIONEER TRL CHANHASSEN MN 55317 -4718 JAMES & ARLENE J CHURCH 611 96TH ST W CHANHASSEN MN 55317 -8602 JOHN & ANNA MAE MAKELA 8503 OLD TOWNE CT KNOXVILLE TN 37923 -6361 LISA C OLSON 9855 DELPHINIUM LN CHASKA MN 55318 -1176 ROGER A & KIMBERLY A LEE 600 96TH ST W CHANHASSEN MN 55317 -8601 THEODORE B & KAREN K HASSE 630 96TH ST W CHANHASSEN MN 55317 -8601 JAMES H & TERESA 0 GIUSTI 540 PINEVIEW CT CHANHASSEN MN 55317 -8697 KEVIN L & LORI A BOGENREIF 631 96TH ST W CHANHASSEN MN 55317 -8602 RICHARD A & BETTY A DERHAAG 711 96TH ST W CHANHASSEN MN 55317 -8603 ROGER G NOVOTNY 560 PINEVIEW CT CHANHASSEN MN 55317 -8697 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317 -8695 JAMES M & TERESA A BYRNE 700 96TH ST W CHANHASSEN MN 55317 -8603 LESLIE L O'HALLORAN 710 96TH ST W CHANHASSEN MN 55317 -8603 ROBERT & CHRISTIN E BOECKER 610 96TH ST W CHANHASSEN MN 55317 -8601 STEPHEN J & COLEEN M WILKER 621 96TH ST W CHANHASSEN MN 55317 -8602 TIMOTHY J LOWE 601 96TH ST W CHANHASSEN MN 55317 -8602 US BANK NA AS TRUSTEE VIVEK KAUL WILLIAM F & MARY E HEINLEIN 10790 RANCHO BERNARDO RD 9875 DELPHINIUM LN 721 96TH ST W SAN DIEGO CA 92127 -5705 CHASKA MN 55318 -1176 CHANHASSEN MN 55317 -8603 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 September 6, 2012, 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 a Structure Variance Request at 620 West 96 Street — Planning Case 2012 -10 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. (X KareA J. Engel ar , Depu Jerk Subscribed and sworn to before me this ( day of , 2012. KIM T. MEUWISSEN j, Notary Pubuc Minnesota NOtary � +:;;; MY Own i nion e xpires Jan 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 18, 2012 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 a Variance from Section 20 -904 of the Chanhassen Proposal: City Code to allow an accessory structure in excess of 1,000 square feet on pro zoned Agricultural Estate District A2 Applicant: Andrew & Shannon Rie ert Property 620 West 96 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 /2012 -10 If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bgenerousCa or by phone at Comments: 952- 227 -1131. 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 18, 2012 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 a Variance from Section 20 -904 of the Chanhassen Proposal: City Code to allow an accessory structure in excess of 1,000 square feet on pro zoned Agricultural Estate District A2 Applicant: Andrew & Shannon Rie ert Property 620 West 96 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 /2012 -10 If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bgenerous(cDci.chanhassen.mn.us or by phone at Comments: 952- 227 -1131. 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. ANDREW T RIEGERT DONALD E HALLA REV TRUST ETAL DOUGLAS J & REBECCA A DUCHON 620 96TH ST W 6601 MOHAWK TRL 9630 FOXFORD RD CHANHASSEN MN 55317 -8601 EDINA MN 55439 -1029 CHANHASSEN MN 55317 -8688 DOUGLAS L & PAULA JO STEEN 701 96TH ST W CHANHASSEN MN 55317 -8603 GREGORY M FALCONER 720 96TH ST W CHANHASSEN MN 55317 -8603 HALLA FAMILY LP 495 PIONEER TRL CHANHASSEN MN 55317 -4718 JAMES & ARLENE J CHURCH 611 96TH ST W CHANHASSEN MN 55317 -8602 JOHN & ANNA MAE MAKELA 8503 OLD TOWNE CT KNOXVILLE TN 37923 -6361 LISA C OLSON 9855 DELPHINIUM LN CHASKA MN 55318 -1176 ROGER A & KIMBERLY A LEE 600 96TH ST W CHANHASSEN MN 55317 -8601 THEODORE B & KAREN K HASSE 630 96TH ST W CHANHASSEN MN 55317 -8601 JAMES H & TERESA O GIUSTI 540 PINEVIEW CT CHANHASSEN MN 55317 -8697 KEVIN L & LORI A BOGENREIF 631 96TH ST W CHANHASSEN MN 55317 -8602 RICHARD A & BETTY A DERHAAG 711 96TH ST W CHANHASSEN MN 55317 -8603 ROGER G NOVOTNY 560 PIN EVIEW CT CHANHASSEN MN 55317 -8697 TIMOTHY A & DAWN M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317 -8695 JAMES M & TERESA A BYRNE 700 96TH ST W CHANHASSEN MN 55317 -8603 LESLIE L O'HALLORAN 710 96TH ST W CHANHASSEN MN 55317 -8603 ROBERT & CHRISTIN E BOECKER 610 96TH ST W CHANHASSEN MN 55317 -8601 STEPHEN J & COLEEN M WILKER 621 96TH ST W CHANHASSEN MN 55317 -8602 TIMOTHY J LOWE 601 96TH ST W CHANHASSEN MN 55317 -8602 US BANK NA AS TRUSTEE VIVEK KAUL WILLIAM F & MARY E HEINLEIN 10790 RANCHO BERNARDO RD 9875 DELPHINIUM LN 721 96TH ST W SAN DIEGO CA 92127 -5705 CHASKA MN 55318 -1176 CHANHASSEN MN 55317 -8603