CC Staff Report 10-08-2012 MEMORANDUM ,S
CITY OF TO: Todd Gerhardt, City Manager
CHANHASSEN Kate Aanenson, AICP, Community Development Director
7700 Market Boulevard DATE: October 8, 2012
PO Box 147
Chanhassen, MN 55317 SUBJ: 620 West 96 Street Variance Request — Planning Case 2012 -.10
Andrew and Shannon Riegert
Administration
Phone: 952.2271100
Fax: 952.2271110 PROPOSED MOTION
Building Inspections
Phone: 952.2271180 "The Chanhassen City Council approves Planning Case No. 2012 -10 for a
Fax: 952.2271190 1,000 square -foot accessory structure variance subject to conditions outlined in
the staff report, and adoption of the attached Planning Commission Findings of
Engineering Fact."
Phone: 952.227,1160
Fax: 952.2271170
City Council approval requires a majority vote of City Council present.
Finance
Phone: 952.2271140 EXECUTIVE SUMMARY
Fax: 952.2271110
Park & Recreation The applicant is requesting a 1,560 square -foot variance to exceed the 1,000 square -
Phone: 952.2271120 foot maximum area for a detached accessory structure to construct a 2,560 square -
Fax: 952.2271110 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.
Recreation Center The applicant is intending to use the accessory structure for additional storage and
2310 Coulter Boulevard work space.
Phone: 952.2271400
Fax: 952.2271404 PLANNING COMMISSION SUMMARY
Planning &
Natural Resources The Planning Commission held a public hearing on September 18, 2012 to review the
Phone: 952.2271130 proposed variance request. The Planning Commission voted 4 -2 to recommend
Fax: 952.2271110 approval of the variance request allowing for an additional 1,000 square from the
minimum 1,000 square feet.
Public Works
7901 Park Place
Phone: 952.2271300 Section 20 -29 of the city code states: "Decisions of the board. The board shall be
Fax: 952.2271310 empowered to decide appeals and grant variances, when the decision of the board is
by an affirmative vote of three- fourths of the members present. A vote of less than
Senior Center three - fourths of the members present or any vote on a variance in conjunction
Phone: 952.2271125 with platting, site plan review, conditional use permits and interim use permits
Fax: 952.2271110 shall serve only as a recommendation to the city council, who shall then make
Web Site the final determination on the appeal or variance request within 30 days after
www.ci.chanhassen.mn.us receipt of the board's action."
The September 18, 2012 Planning Commission minutes are item la in the council
packet.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
Riegart Variance — Planning Case 2012 -10
October 8, 2012
Page 2
RECOMMENDATION
City Council approves the variance request for 1000 square -foot accessory structure area variance
from the 1,000 square -foot accessory structure limitation to allow for a 2,000 square -foot accessory
structure, with the following conditions:
1. The accessory structure will require a building permit.
2. The accessory structure must comply with Minnesota State Building Code.
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.
ATTACHMENTS
1. Findings of Fact.
2. Planning Commission Staff Report Dated September 18, 2012.
g: \plan\2012 planning cases\2012 -10 620 west 96th street variance \cc staff report 10- 08- 2012.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
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 Planning Commission heard testimony from all interested
persons wishing to speak and now 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 for
additional storage. The construction of accessory structures is a permitted use in the
Agricultural Estate District (A2). The size of the structure is in keeping with accessory
structures in this neighborhood and the purpose and intent of the zoning ordinance.
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
1
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The practical difficulty is the homeowner does not have adequate storage and
work space. The home was initially purchased with the intent of constructing an
accessory structure and the building pad was initially graded. The homeowners ceased
construction after the initial grading for financial reasons. The homeowner now is in a
financial position to move forward with the project, but there is a 1,000 square -foot
accessory structure limitation in Agricultural Estate Districts (A2).
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The stated intent for the request is for personal storage and work space and is
not intended to create an economic windfall.
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. However due to financial concerns, 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.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The construction of the accessory structure would be in keeping with the
character of the neighborhood. There are several properties in proximity to the subject
property that have 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, dated September 18, 2012, prepared by Ashley Mellgren, et
al, is incorporated herein.
2
RECOMMENDATION
"The Chanhassen Planning Commission recommends that the City Council approve
Planning Case #2012 -10 for a 1,000 square -foot accessory structure area variance from the 1,000
square -foot accessory structure limitation to allow for a 2,000 square foot storage building on
property zoned Agricultural Estate District, A2, subject to the conditions of the staff report."
ADOPTED by the Chanhassen Planning Commission this 18 day of September, 2012.
CITY OF CHANHASSEN
BY:
Chairman
3
PC DATE: September 18, 2012
"PO CC DATE: October 8, 2012
CITY OF CHANHASSEN REVIEW DEADLINE: September 18, 2012
CASE #: 2012 -10
BY: AM, JM, JS, TJ
PROPOSED 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 41-.
E 155' OF W 930' OF SW1 /4 NW1 /4, SECTION `'
25, TOWNSHIP 116, RANGE 23, EXC: P -21 Ili r . 1F - A .-
MNDOT R -O -W PLAT #10 -22. . •1 street
APPLICANT: Andrew and Shannon Riegert *# a�
620 West 96 Street .,' ++`
� Chanhassen, MN 55317 ` IT r '
(612) 685 -8815 -"" r r/ .: i
andrew@naturalsurroundingsmn.com ! ' .
V
S•,
±V F , y ..
o .
PRESENT ZONING: Agricultural Estate District (A2)
r
1
2030 LAND USE PLAN: Residential Low Density (1.2 — 4 units Man ge II wetland i
per acres)
: _s 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
SCANNED
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.
t. , ..."., . . * '" R • ' ;_ - i' * f'' Proposed location
'' ° . ..., . • . • Zir. . * •. . ..i � + 7 rig p
s z .,,f °` ' ! a 1 , i.r i : ¢ • ft 4. ., < r • for storage building
^ • !!J0C5cOflfl::
�,
1 • :. 7 c
-°%-
. r °i j _ i 7
CI. ,E .ti.
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 16B.6O 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 ' S !'
limitation to construct a 2,560 square -foot accessory structure.
The applicant bought the property in 1998 with the intention of INA ; I '
building an accessory structure. At the time of purchase there Ai 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 i
6
4. Tack room for horse equipment
t 111
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. \S
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
.1.
i '4' ' '' '' . i t ..:■\;'-' t ‘I‘i* ,
C IN,
414,
sdr' - ____ .7R a, yt
1 ,000 SF ; r ; y t
„ 44/V : 94th 6 Streot a ii
{ # f.� - A"--- r- Ai'. r i t ; I�r�r
� } fr.
3 4005
�i�,soo sr ; lit —.011
a i t pp
.Tap' -f 1,300 SF
4190 SF
4,433 SF 411mi e r {
3,900 SF p 'C
6,000 SF +' ; NI 4, ' r, •
1 +1.
'vas — - . a ' � r +
itv r :r r
4 Allit ' I i ' Ullili ,
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.
g: \plan\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 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 haitnony with the general purpose and intent of the A2 district.
1
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 21 day of August, 2012.
CITY OF CHANHASSEN
BY:
Chairman
3
DECISION
"The Chanhassen Planning Commission, acting as the Board of Adjustment and Appeals,
approves 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 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
BY:
Chairman
3
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.
1
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
BY:
Chairman
3
Planning Case No. 1d- 1 C)
CITY OF CHANHASSEN
OF
7700 Market Boulevard — P.O. Box 147 CITY RECEIVED
Chanhassen, MN 55317 — (952) 227 -1100
JUL 2 0 2012
DEVELOPMENT REVIEW APPLICATION C ssENILANNINGDEPr
PLEASE PRINT
Applicant Name and Address: Property Owner Name and Address:
k r? Rr
Ct kot ASsCt M+� ��S t1 -J v� " "�
)
Contact: ANI v.t 1ZIE68I Contact:
Phone: Oa 67 5-git i S Fax: Phone: Fax:
Email: C(. r1d.rTAA)0v\ &:KA SuMo ". e nVvoe COri\ Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment Temporary Sales Permit
Conditional Use Permit (CUP) Vacation of Right -of- Way /Easements (VAC)
(Additional recording fees may apply)
Interim Use Permit (IUP) Variance (VAR) 2-t,
Non - conforming Use Permit Wetland Alteration Permit (WAP)
Planned Unit Development* Zoning Appeal
Rezoning Zoning Ordinance Amendment
Sign Permits
Notification Sign — $200
Sign Plan Review (City to install and remove)
X Escrow for Filing Fees /Attorney Cost **
Site Plan Review (SPR)* - $50 CUP /SPRNACNARNVAP /Metes & Bounds
- $450 Minor SUB Oct4240 £recur <a ref
Subdivision* TOTAL FEE $ L/ 5p . - ear s o c-K a5a�l
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 81/2" X 11" reduced
copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format.
* *Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
PROJECT NAME: 1 LE L '
LOCATION: (Dap \N)) 4 �7 V r TvttAsc iV Arto JS Jb
LEGAL DESCRIPTION AND PID: rAY' 250Z53500
TOTAL ACREAGE: 't.41
WETLANDS PRESENT: X YES NO
PRESENT ZONING: "G 2-
REQUESTED ZONING:
LAND USE DESIGNATION: lam IC�1 I
REQUESTED LAND USE DESIGNATION: e.PA—c,_
REASON FOR REQUEST: C A \ t L E T T
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 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.
will keep myself informed of the deadlines for submission of material and the progress of this application. 1 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 1 have submitted are true and correct to the best of
my knowledge.
►} 11
CITY OF CHANHASSEN
nature of Applic t Date RECEIVED
JUL 20 Z012
gnature of Fee Owner Da CHANHASSEN PLANNING DEPT
g: \plan \forms \development review application.doc
SCANNED
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
• i 9' ¶oA _
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
44 5 U CO A 0 b E. kk) ' R,E_ 1 , c tot.,,,,,
6 — ,,.,. 5 - ,, -/4,5 , as, r.Fip,2.2 _ ,``( Iy S WA CC)
f , ; 4 55, k‘ �� 3Q 34 E 1 � a1 �e s � D N °� ee,° i1L 0 4,1 N
Z•37 - . �T E - m '891,'7 F�za��1cA1 10 .Ar uR t
tTZ Box - - CPAP m l 3za5 ET.„001,' vS 9B V 0 of F
1Q
1u,eeu 589.77 / Q ; .594/4 0. Z5 o(Tb%_ ak- 8f
<2 9 • - _,T Foe
J /.
n CO / .9
(" - `
\
.✓ ' \ 85 4 - IB.O 9533 i
d SIF,nS c S
3 ',k 00 \ T ' A .o
0894 T` � --_ e), .....,. ti. `1 " 09i. I� 21 OTap 1`E4�
Q 14.: . ,A 1 0 ��.�J,- 991,8b
``t4 \51- (5. °' p5 r i I:69, 16euc"une4
J 8 � Zb.3 Ov^'°
o N F
'Is � -- I -- -- 1 = v it ru-EJ 1='891.69 ' 4/16
° C� / : F � C o t i �l IID AJ�t
:.
o P V-0 ° � ii APPROVE �
_- -- — g31 Z 0 I BY: � �
�d 7 O UEPT.:�G `
cw - DATE. j _ y .-/}
SNGD DEPT ra
C_ r� DATE: -61-0
BY
L ‘‘,\ 0, 5 r571r_ ,545 3, $5 7 u€ T.
a ` � � I DATE Y ,,/ \
,...____,,,,f) 4� 5�� �""� . { '�Y0� �4 Bearings a re assu /7 yk
I
Subject to e asements of record if any
1'��i3O0 1� s9 6,: e� 0 Denotes set or found iron pipe monuments_
OU"161 1-14 A ZU3 ,q 1-LSEC Zri $
Denotes set wood hub and tack
Proposed garage floor elevation
1840 Denotes existing elevation
Proposed top of block elevation (-184 Denotes proposed finish grade elevation
Denotes direction of surface drainage
proposed lowest floor elevation r
ACA AVNII SCAPt' iNG CI OR. 1Z , �1 ,.. t�csF (\\ CO\P : tin i _ VQQ� 1 �1rnF :1 w� G2PA- �e �RA1t3tl�G� •
To Ro 01,3 GN.1\s .v .s 2,010
I hereby certify that this is a true anti correct representation of a survey of the boundaries
'THC ERST 5,0 Ra * 4ii\e f-5t 9't ).O$aak aS N4N4PA5uaf;D
c4knq F> e No ,rw . nd Soucet 1:' -FhercrF, r � 4hei5ou�vk- e 0E� County, Minnesota as on file and of record '
of�, ��ihfl�RSo2z1. +W�St ( Y q. aF rLUS'� ) o{-
S2MOR 25,To ssIsy Wo, 1ZAJGC 2',
in the Office of the County Recorder in 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,
'�Aep(±�j r
Dated: ` o0 ✓kFJm 2Z, 004. RECEIVED � J
CITY OF CHANHASSEN RECEI !r ED ( i " ,'i
RECEIVED t
JUL 2 U 2012 NOV 2 9 2004 Allan R. Hastings
Minnesota Registration No. 17009'
CHANHASSENPIANNINGDE CHANHASSEN INSPECTIONS 212 First Avenue E.
Suite No. C
11M: 11LF OPitJ op Na.}015E4Eb To DATE Shakopee, Minnesota 55379
_. - -. _ -, -- - __ -- - Phone 852 445 4027
I
I
SCANNED
I
.1-
Tz
L1 I
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.
_s
K. - n J. En dt, Dqf ty Clerk
Subscribed and sworn to before me
this 9' day of Au -.-i- , 2012.
4 • — I, 7
Notary Pu is
a KIM T. MEUWISSEN
'''''''`'r - Notary Public- Minnesota
- l s ` My Commission Expires Jan 31, 2015
Notice of Public Hearing Notice of Public Hearing
Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting
Date &Time: Tuesday, August 21, 2012 at 7.00 p m This hearing may not st 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. until later in the evening, depending on the order of the agenda.
Location: City Hall Council Chambers, 7700 Market Blvd Location: City Hall Council Chambers, 7700 Market Blvd
Request for a Variance from Section 20 -904 of the Chanhassen Request for a Variance from Section 20 -904 of the Chanhassen
Proposal: City Code to allow an accessory structure in excess of 1,000 Proposal: City Code to allow an accessory structure in excess of 1,000
square feet on property zoned Agricultural Estate District (A2) square feet on property zoned Agricultural Estate District (A2)
Applicant: Andrew & Shannon Riegert Applicant: Andrew & Shannon Riegert
Property 620 West 96 Street Property 620 West 96 Street
Location: A location map is on the reverse side of this notice. Location: A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the about this project. During the meeting, the Chair will lead the
What Happens public hearing through the following steps What Happens public hearing through the following steps.
at the Meeting: 1. Staff will give an overview of the proposed project at the Meeting: 1 Staff will give an overview of the proposed project.
2 The applicant will present plans on the project. 2. The applicant will present plans on the project.
3 Comments are received from the public 3 Comments are received from the public
4 Public hearing is closed and the Commission discusses 4 Public hearing is closed and the Commission discusses
the project. the project.
If you want to see the plans before the meeting, please visit If you want to see the plans before the meeting, please visit
the City's projects web page at: the City's projects web page at:
www.ci.chanhassen.mn.us /2012 -10 If you wish to talk to www.ci.chanhassen.mn.us /2012 -10 If you wish to talk to
someone about this project, please contact Ashley Mellgren someone about this project, please contact Ashley Mellgren
Questions & by email at amellgren(a�ci.chanhassen.mn or by phone at Questions & by email at amellqrenci.chanhassen.mn.us or by phone at
Comments: 952- 227 -1132. If you choose to submit written comments it is 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 helpful to have one copy to the department in advance of the
meeting Staff will provide copies to the Commission The meeting Staff will provide copies to the Commission The
staff report for this item will be available online on the staff report for this item will be available online on the
project web site listed above the Thursday prior to the project web site listed above the Thursday prior to the
Planning Commission meeting. Planning Commission meeting.
City Review Procedure: City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, • 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 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 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. 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. • 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 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 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 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 recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, and use and code amendments take a simple majority vote of the 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. 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 • 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 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 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. status and scheduling for the City Council meeting.
• A neighborhood spokesperson /representative is encouraged to provide a contact for the city Often developers • 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 are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s) project with any interested person(s)
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and • 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 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. 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 GREGORY M FALCONER HALLA FAMILY LP
701 96TH ST W 720 96TH ST W 495 PIONEER TRL
CHANHASSEN MN 55317 -8603 CHANHASSEN MN 55317 -8603 CHANHASSEN MN 55317 -4718
JAMES & ARLENE J CHURCH JAMES H & TERESA 0 GIUSTI JAMES M & TERESA A BYRNE
611 96TH ST W 540 PINEVIEW CT 700 96TH ST W
CHANHASSEN MN 55317 -8602 CHANHASSEN MN 55317 -8697 CHANHASSEN MN 55317 -8603
JOHN & ANNA MAE MAKELA KEVIN L & LORI A BOGENREIF LESLIE L O'HALLORAN
8503 OLD TOWNE CT 631 96TH ST W 710 96TH ST W
KNOXVILLE TN 37923 -6361 CHANHASSEN MN 55317 -8602 CHANHASSEN MN 55317 -8603
LISA C OLSON RICHARD A & BETTY A DERHAAG ROBERT & CHRISTIN E BOECKER
9855 DELPHINIUM LN 711 96TH ST W 610 96TH ST W
CHASKA MN 55318 -1176 CHANHASSEN MN 55317 -8603 CHANHASSEN MN 55317 -8601
ROGER A & KIMBERLY A LEE ROGER G NOVOTNY STEPHEN J & COLEEN M WILKER
600 96TH ST W 560 PINEVIEW CT 621 96TH ST W
CHANHASSEN MN 55317 -8601 CHANHASSEN MN 55317 -8697 CHANHASSEN MN 55317 -8602
THEODORE B & KAREN K HASSE TIMOTHY A & DAWNE M ERHART TIMOTHY J LOWE
630 96TH ST W 9611 MEADOWLARK LN 601 96TH ST W
CHANHASSEN MN 55317 -8601 CHANHASSEN MN 55317 -8695 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.
1
Cka.A.A.,-- / / l
Pr
Kar J. Engel v . 9! , Depu 4 lerk
Subscribed and sworn to before me
this r of , 2012.
• ', KIM T. MEUWISSEN
"` . L-�v 3 ' ' ° " Notary Public- Minnesota
Notary 4f :..�
3 fry+ 4 My Commiaalon Expires Jan 31, 2015
Notice of Public Hearing Notice of Public Hearing
Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting
Tuesday, September 18, 2012 at 7 00 p m This hearing may not Tuesday, September 18, 2012 at 7.00 p.m This hearing may not
Date &Time: Date &Time:
start until later in the evening, depending on the order of the agenda. start until later in the evening, depending on the order of the agenda.
Location: City Hall Council Chambers, 7700 Market Blvd Location: City Hall Council Chambers, 7700 Market Blvd.
Request for a Variance from Section 20 -904 of the Chanhassen Request for a Variance from Section 20 -904 of the Chanhassen
Proposal: City Code to allow an accessory structure in excess of 1,000 Proposal: City Code to allow an accessory structure in excess of 1,000
square feet on property zoned Agricultural Estate District (A2) square feet on property zoned Agricultural Estate District (A2)
Applicant: Andrew & Shannon Riegert Applicant: Andrew & Shannon Riegert
Property 620 West 96 Street Property 620 West 96 Street
Location: A location map is on the reverse side of this notice. Location: A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the about this project. During the meeting, the Chair will lead the
What Happens public hearing through the following steps What Happens public hearing through the following steps:
at the Meeting: 1 Staff will give an overview of the proposed project at the Meeting: 1 Staff will give an overview of the proposed project.
2. The applicant will present plans on the project. 2. The applicant will present plans on the project.
3. Comments are received from the public 3 Comments are received from the public.
4 Public hearing is closed and the Commission discusses 4 Public hearing is closed and the Commission discusses
the project. the project.
If you want to see the plans before the meeting, please visit If you want to see the plans before the meeting, please visit
the City's projects web page at: the City's projects web page at:
www.ci.chanhassen.mn.us /2012 -10 If you wish to talk to www.ci.chanhassen.mn.us /2012 -10 If you wish to talk to
someone about this project, please contact Bob Generous by someone about this project, please contact Bob Generous by
Questions & email at bgenerousci.chanhassen.mn.us or b phone at Questions & email at bgenerous(a�ci.chanhassen.mn.us or by phone at
952 - 227 -1131 If you choose to submit written comments, it is 952 - 227 -1131 If you choose to submit written comments, it is
Comments: helpful to have one copy to the department in advance of the Comments: helpful to have one copy to the department in advance of the
meeting Staff will provide copies to the Commission The meeting. Staff will provide copies to the Commission The
staff report for this item will be available online on the staff report for this item will be available online on the
project web site listed above the Thursday prior to the project web site listed above the Thursday prior to the
Planning Commission meeting. Planning Commission meeting.
City Review Procedure: City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, • 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 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 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. 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. • 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 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 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 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 recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation, Rezonings, and use and code amendments take a simple majority vote of the 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. 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 • 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 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 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. status and scheduling for the City Council meeting.
• A neighborhood spokesperson /representative is encouraged to provide a contact for the city Often developers • 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 are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s). project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and • 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 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. 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 GREGORY M FALCONER HALLA FAMILY LP
701 96TH ST W 720 96TH ST W 495 PIONEER TRL
CHANHASSEN MN 55317 -8603 CHANHASSEN MN 55317 -8603 CHANHASSEN MN 55317 -4718
JAMES & ARLENE J CHURCH JAMES H & TERESA 0 GIUSTI JAMES M & TERESA A BYRNE
611 96TH ST W 540 PINEVIEW CT 700 96TH ST W
CHANHASSEN MN 55317 -8602 CHANHASSEN MN 55317 -8697 CHANHASSEN MN 55317 -8603
JOHN & ANNA MAE MAKELA KEVIN L & LORI A BOGENREIF LESLIE L O'HALLORAN
8503 OLD TOWNE CT 631 96TH ST W 710 96TH ST W
KNOXVILLE TN 37923 -6361 CHANHASSEN MN 55317 -8602 CHANHASSEN MN 55317 -8603
LISA C OLSON RICHARD A & BETTY A DERHAAG ROBERT & CHRISTIN E BOECKER
9855 DELPHINIUM LN 711 96TH ST W 610 96TH ST W
CHASKA MN 55318 -1176 CHANHASSEN MN 55317 -8603 CHANHASSEN MN 55317 -8601
ROGER A & KIMBERLY A LEE ROGER G NOVOTNY STEPHEN J & COLEEN M WILKER
600 96TH ST W 560 PINEVIEW CT 621 96TH ST W
CHANHASSEN MN 55317 -8601 CHANHASSEN MN 55317 -8697 CHANHASSEN MN 55317 -8602
THEODORE B & KAREN K HASSE TIMOTHY A & DAWNE M ERHART TIMOTHY J LOWE
630 96TH ST W 9611 MEADOWLARK LN 601 96TH ST W
CHANHASSEN MN 55317 -8601 CHANHASSEN MN 55317 -8695 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