PC Staff Report 10-02-2012PC DATE: October 2, 2012
CC DATE: October 22, 2012
CITY OF CHANHASSEN
REVIEW DEADLINE:
CASE #: 2012 -14
BY: KA
1
PROPOSED MOTION:
"The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments,
approves Planning Case #2012 -14 for a variance to the 150 -foot shoreland setback requirement as
shown in plans dated received August 22, 2012, and subject to the conditions outlined in the staff
report; and adopts the attached Findings of Fact and Decision.
SUMMARY OF REQUEST: The developer is requesting a variance to the shoreland setback
to build an addition and an attached garage to the existing structure. The current home as well as
the proposed additions is nonconforming to the shoreland setback requirement.
LOCATION: 7250 Minnewashta Parkway
APPLICANT: Mark and Donna Malinowski
PRESENT ZONING: Residential Single Family (RSF)
2020 LAND USE PLAN: Residential Low Density (1.2 - 4 units per Acre)
ACREAGE: 5.5 acres DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION - MAKING: City's discretion in approving
or denying a variance is limited to whether or not the proposed project meets the standards in the
Zoning Ordinance for a variance. The City has a relatively high level of discretion with a
variance because the applicant is seeking a deviation from established standards. This is a quasi -
judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL /SUMMARY
The existing home is located on a riparian lot adjacent to Lake St. Joe. This lake is classified as a
Natural Environment Lake according to the City's Shoreland Management District. The applicant
is requesting a variance to the city's shoreland regulation for the purpose of building an addition to
the home with a new attached garage.
APPLICABLE REGULATIONS
Shoreland Management District
Sec. 20 -480. - Zoning and water supply /sanitary provisions.
(a) Lot area and width standards. The lot area (in square feet) and lot width standards (in
feet) for single, duplex, triplex and quad residential lots created after the date of
enactment of this ordinance for the lake and river /stream classification are as follows:
Planning Commission
Malinowski Variance Request – Planning Case 2012 -12
October 2, 2012
Page 2 of 5
(a)(1) Sewered lakes — Natural Environment:
Sec. 20 -481. - Placement, design, and height of structure.
(a) Placement of structures on lots. When more than one 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: Natural Environmental Lake 150 feet.
Sec. 20 -411. - Placement of structures
Wetland
Riparian Lots
Accessory
Area
Width
Single
40,000
125
Sec. 20 -481. - Placement, design, and height of structure.
(a) Placement of structures on lots. When more than one 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: Natural Environmental Lake 150 feet.
Sec. 20 -411. - Placement of structures
Wetland
Principal
Accessory
Permanent Buffer
Percent of Buffer
Classification
Structure
Structure
Strip Minimum
Strip in Native
Setback from
Setback from
Width (feet)
Vegetation
Buffer Edge (feet)
Buffer Edge (feet)
Manage 1
30
15
25
100%
According to county records, the house was built in 1961.
There are other structures located on the property including
a carport, garage and a shed. There are no building records
for the house or any of the other structures located on the
property. City records show that the house was connected
to city sewer and water in 1975.
The site contains an older home that was not a part of any
subdivision. It is believed to have held a landscaping
business but there are no city records of this use.
The ordinary high water (OHW) mark for Lake St. Joe is
945.2. The Natural Environment Lake setback is 150 feet
from the OHW. The applicant has shown the setback to the
existing home at 68 feet from the edge of the wetland
contour of 945.7. The city code requires the setback be
measured from the OHW. Therefore, the home is setback
further than what is shown on the survey.
The entire shoreland of Lake St. Joe is considered to be
Manage 1 Wetland. The setback from this wetland is 55
feet, which includes a 15 -foot buffer.
BACKGROUND
Planning Commission
Malinowski Variance Request — Planning Case 2012 -12
October 2, 2012
Page 3 of 5
Lowest opening to any riparian lot has to be three feet above the OHW. The applicant has
submitted a survey that shows the front door opening is at 950.80, which meets city ordinance.
PHYSICAL CHARACTERISTICS
The site is approximately 5.5 acres and is accessed by Minnewashta Parkway. The site slopes
from Minnewashta Parkway 35 feet down to the lake shore. The soil types in the area consist of
hills and ridges and are erodible soils. There is a significant amount of vegetation on the site.
There is an older railroad tie -type retaining wall to hold the hill located behind the house. The
lower portion of the retaining wall will be removed to accommodate the garage and addition to
the house.
944 Contours
Planning Commission
Malinowski Variance Request — Planning Case 2012 -12
October 2, 2012
Page 4of5
ANALYSIS
The applicant is requesting a variance to
construct an addition and a new garage
onto an existing non - conforming structure.
The existing home sits entirely within the
150 -foot required shoreland setback. In
addition, the proposed additions also fall
with the required setback. The applicant
has used the setback to the edge of
wetland which was not delineated at
945.7. The measurement should be from
the OHW which is 945.2. Therefore, the
applicant's setback will likely be closer
than the standard. Staff has identified the
940 contour on the aerial map. The true
setback is somewhere between the 945.7
and the 944 elevation.
Proposed
Addition
_ Aso it 371 sq. ft.
Proposed
2 oaf Garage
576 sq. ft.
I Story
House
n of stoop at first floor
tly elevat ion = 950.80/ /
\ / �� Survey line
Ur REGENT
AU6 22 204
Because the home is existing and the additions are behind the existing structure, staff is using the
more conservative numbers per the applicant's submittal. The applicant's survey has the house at 68
feet from the wetland edge. The house addition is 96 feet from the 945.7 contour and the garage is
90 feet from the 947.5 contour.
The proposed addition is 371 square feet. The applicant is proposing to use the additional space as a
sewing, dining, and a bonus room. This addition will be two stories (20 feet) and meets the height
requirements. The new garage is 576 square feet and will be located on the southeast side of the
home. There is a carport on the property that will be removed to create the space for the new
garage.
The building envelope of the site contains a significant amount of vegetation. The proposed
addition and garage does not appear to have a significant impact on the existing vegetation. The
existing retaining wall is proposed to be replaced with a block wall. Erosion control measures need
to be employed to ensure the stability of the slope.
Because the topography on the site, the steep slope to the lake, and the existing retaining wall, it is
difficult to put any additions to the existing home without a variance. To meet city ordinances the
home would have to be removed and built closer to Minnewashta parkway.
Planning Commission
Malinowski Variance Request — Planning Case 2012 -12
October 2, 2012
Page 5 of 5
RECOMMENDATION
Staff recommends that the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, approve Planning Case #2012 -14 for a variance to the 150 -foot shoreland
setback requirement as shown in plans dated received August 22, 2012 and subject to the
following conditions and adoption of the attached Findings of Fact and Decision:
1. Preserve the existing slope with a retaining wall.
2. Remove the existing carport from the property.
ATTACHMENTS
1. Findings of Fact and Decision.
2. Development Review Application.
3. Building Plans.
4. Surveys.
5. Notice of Public Hearing Affidavit of Mailing.
gAplan\2012 planning cases\2012 -14 7250 minnewashta parkway variance- malinowski \staff report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Mark and Donna Malinowski for a Shoreland Management Setback variance to
build an addition and a garage on property located at 7250 Minnewashta Parkway and zoned
Single - Family Residential (RSF) — Planning Case # 2012 -14.
On October 2, 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 now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single - Family Residential (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density
use.
3. The legal description of the property is as follows:
South 900 feet of tract described as: that part of Government Lots 1 and 3 lying north of a
line drawn parallel with and 726 feet north of southerly line of Government Lot 3 and west of
the centerline of County Road 3, except that portion lying within the right -of -way of County
Road 3, Section 8, Township 116, Range 023, Carver County, Minnesota.
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 granting of the variance is in keeping with the purpose and intent of the
zoning ordinance. The construction of the addition and garage are a normal use
associated with a single - family home.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The practical difficulty with the addition is that the existing home currently sits
within the shoreland setback. The proposed additions are located behind the home and
not close to the lakeshore. However, additions will still be located within the setback
requirements.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is not based upon economic considerations, but is
to permit the owner to enjoy the property in a reasonable manner.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The owner purchased a property which had an existing home. The home was
built in 1961 and the owner is proposing to make some improvements to the home. The
removal of the existing carport will reduce existing structures in the setback zone.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The construction of the additions will be screened from the lake and are
considered a normal use associated with a single- family home, and would be in keeping
with the character of the neighborhood.
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 -14, dated October 2, 2012, prepared by Kate Aanenson, et al., is
incorporated herein.
DECISION
"The Board of Appeals and Adjustments approves Planning Case #2012 -14 for a variance
to the 150 -foot Shoreland Management Setback as shown in plans dated August 22, 2012 for the
construction of a home addition and garage on property zoned Single - Family Residential (RSF)."
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 2 nd day of
October, 2012.
CITY OF CHANHASSEN
BY:
Chairman
2
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227 -1100
DEVELOPMENT REVIEW APPLICATION
Planning Case No. C960
CITY OF CHANHASSEN
RECFIVED
CHANHASSEN PLANNING DEPT
rLCASt t'KINT
Applicant Name and Address:
Mark and Donna Malinowski
7250 Minnewashta Parkwa
Excelsior, MN 55331
Contact: Mark Mal i nowski
Phone: _(612)50 _6j7A Fax: (952)474
Email: mark @malintech.com
Property Owner Name and Address:
Same
Contact:
Phone: Fax:
Email:
NOTE Consultation with City staff is re uired 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)
X Variance (VAR) ,9 N CJO
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 EsQrDw for Filing Fees /A mey Cost **
- UP /SPR/VAC/ AP /Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ L fS i ce .;
SCANNED
PROJECT NAME: Mali vows 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 fo
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. j g Ni 1 221a,
Signature of Applica t Date
9/1 2h) ,
Signature of Fee Owner Date
gaplanWonnsWevelopment review application.doc SCANNED
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
SCANNED
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
1959 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 7,017
CHANHASSEN PLANNING DEPT
SCANNED
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 950 foot setback was put in
place long after the home was constructed. This situation was not created by the
Malinowskis. Compliance with the 950 feet setback would create a hardship in
that it would result in the Malinowskis 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 9988.
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
SCANNED
SOUTH ELEVATION
SCALE: 3/16 " -I' W
ORTH ELEVATION
.LE: 3116"-l'-O"
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CITY OF CHANHASSEN
RECEIVED
2 2 2012
CHANHASSEN PLANNING DEPT
EAST ELEVATION
SCALE: 3/16' =i' -d'
0
1
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SECOND FLOOR PLAN
SCALE: 1/4 " =1' -0"
NOTES:
ALLANIT. & EXT. BEARING OPENINGS SHALL
HAVE 2 -200 HEADERS UNLESS:OTHERMISE
SPECIFIED ON. THE DRAWINGS'. VERIFY ALL
HEADER CHANGES FROM THE LUMBER CO..
TRUSS C X AND /OR BUILDING OFFICIALS
ALL.LVL BEAMS ARE TO BE VERIFIED PRIOR
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RECEIVED
REVISE[): wly 30, 2012 cu'rent elevchons AUG 22 2012
9000 D
INC. CHANHASSEN PLANNING DEPT
332155 1 446160 Certificate of Survey MARK MALINOWSKI
bUANNED
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CITY OF CHANHASSEN
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i�V�tass6a.P�r�Q�G DEPT
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 20, 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 7250 Minnewashta Parkway Variance — Planning Case 2012 -14 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.
K(Wen J. nge ardt, 15Jputy Clerk
Subscribed and sworn to before me
this ` ' day of Q" -er►� r , 2012.
r
Notary P blic
°'`''�� KIM T. MEUWISSEN
s Notary Public- Minnesota
s Jan 31, 2015
My Commission Expire
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, October 2, 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.
Proposal:
Request for a Shoreland Setback Variance on property zoned
Single Family Residential RSF
Applicant:
Mark & Donna Malinowski
Property
7250 Minnewashta Parkway
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 -14 If you wish to talk to
someone about this project, please contact Kate Aanenson by
Questions &
email at kaanensonCa.ci.chanhassen.mn.us or by phone at
Comments:
952- 227 -1139. 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, October 2, 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.
Proposal:
Request for a Shoreland Setback Variance on property zoned
Single Family Residential RSF
Mark & Donna Malinowski
_ Applicant:
Property
7250 Minnewashta Parkway
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 -14 If you wish to talk to
someone about this project, please contact Kate Aanenson by
Questions &
email at kaanenson(c)ci.chanhassen.mn.us or by phone at
Comments:
952- 227 -1139. 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.
ALAN D WILLITS ALYCE FULLER BONNIE JO STRAKA
4040 LAKERIDGE RD 7075 RED CEDAR CV 3881 MAPLE SHORES DR
EXCELSIOR MN 55331 -9689 EXCELSIOR MN 55331 -7795 EXCELSIOR MN 55331 -9602
CHARLIE S SCIMECA CHRISTOPHER J MANN CRAIG D & JANIE S NORBY
3900 MAPLE SHORES DR 7231 MINNEWASHTA PKY 7351 MINNEWASHTA PKWY
EXCELSIOR MN 55331 -9629 EXCELSIOR MN 55331 -9668 EXCELSIOR MN 55331 -9670
DARYL L KIRT DAVID & BARBARA A SCOULER FRANCES T BORCHART
50 HILL ST 3890 MAPLE SHORES DR 7331 MINNEWASHTA PKWY
CHANHASSEN MN 55317 -9586 EXCELSIOR MN 55331 -9602 EXCELSIOR MN 55331 -9670
FRITZ W & MARILYN E LARSON GARY A & JANET K VIERLING GARY THOMAS & DIANE E COBB
7380 MINNEWASHTA PKWY 5127 HARVEST CURV 3859 RED CEDAR POINT DR
EXCELSIOR MN 55331 -9669 MAYER MN 55360 -4520 EXCELSIOR MN 55331 -7766
GLENFORD M & SUSAN GALE SHULL JAMES F & DOLORES LIPE JASON A JERNELL
7098 RED CEDAR CV 7096 RED CEDAR CV 3821 RED CEDAR POINT RD
EXCELSIOR MN 55331 -7796 EXCELSIOR MN 55331 -7796 EXCELSIOR MN 55331 -7766
JASON E & CARRIE S LANDSTROM JERRY L & KRISTIN L KORTGARD JOANN J HALLGREN
7301 MINNEWASHTA PKY 3901 GLENDALE DR 3921 MAPLE SHORES DR
EXCELSIOR MN 55331 -9670 EXCELSIOR MN 55331 -9763 EXCELSIOR MN 55331 -9629
JOHN F & LYNN H BEAUCHAMP JOSEPH A MRAZ JOSEPH H & GEORGIA G KANDIKO
4060 LAKERIDGE RD 3861 RED CEDAR POINT RD 3870 MAPLE SHORES DR
EXCELSIOR MN 55331 -9689 EXCELSIOR MN 55331 -7766 EXCELSIOR MN 55331 -9602
KENNETH R & GLADYS BLOMQUIST KIP & BONNIE LINDBERG MARK A & DONNA M MALINOWSKI
3900 MINNEWASHTA CT 7361 MINNEWASHTA PKWY 7250 MINNEWASHTA PKWY
EXCELSIOR MN 55331 -9610 EXCELSIOR MN 55331 -9670 EXCELSIOR MN 55331 -7762
MATHEW C & STACY M GJETSON MAURICE J & ALICE L LEUTHNER MICHAEL J VOIGT
3901 RED CEDAR POINT RD 7085 RED CEDAR CV 3861 MAPLE SHORES DR
EXCELSIOR MN 55331 -7752 EXCELSIOR MN 55331 -7796 EXCELSIOR MN 55331 -9602
MICHAEL L & JANICE L DIMOND PATRICIA L RICHARDSON PATRICK J & STELLA M MCKINNEY
4000 LAKERIDGE RD 7095 RED CEDAR CV 4110 LAKERIDGE RD
EXCELSIOR MN 55331 -9689 EXCELSIOR MN 55331 -7796 EXCELSIOR MN 55331 -9691
PENNIE K REED PETER J SCHISSEL PETER MOE
3921 MINNEWASHTA CT 3851 RED CEDAR POINT RD 7161 MINNEWASHTA PKWY
EXCELSIOR MN 55331 -9610 EXCELSIOR MN 55331 -7766 EXCELSIOR MN 55331 -9667
RED CEDAR COVE TOWNHOUSE
PO BOX 181
EXCELSIOR MN 55331 -0181
ROBBY D & SUSAN E SEGAL
3901 MAPLE SHORES DR
EXCELSIOR MN 55331 -9629
ROBERT A & SHELLY A LENZEN
3920 MINNEWASHTA CT
EXCELSIOR MN 55331 -9610
ROBIN LEIGHTON ROBEY
3840 RED CEDAR POINT RD
EXCELSIOR MN 55331 -7765
STATE OF MINNESOTA - DNR
500 LAFAYETTE RD
ST PAUL MN 55155 -4030
THOMAS L & SANDRA M GIESEN
3930 MAPLE SHORES DR
EXCELSIOR MN 55331 -9629
YEVGEN LYADOV
4020 LAKERIDGE RD
EXCELSIOR MN 55331 -9689
SPENCER WOLF
3931 MINNEWASHTA CT
EXCELSIOR MN 55331 -9610
TERRY D & CARRIE B CARNS
3911 MAPLE SHORES DR
EXCELSIOR MN 55331 -9629
THOMAS P MANN
7211 MINNEWASHTA PKWY
EXCELSIOR MN 55331 -9668
STACY & MICHELE MARTIN
4120 LAKERIDGE RD
EXCELSIOR MN 55331 -9691
THOMAS & MARY MANN
7211 MINNEWASHTA PKWY
EXCELSIOR MN 55331 -9668
TIMOTHY J & LAURIE A JENZER
3920 MAPLE SHORES DR
EXCELSIOR MN 55331 -9629