PC Staff Report 11-20-2012PC DATE: November 20, 2012
CC DATE:
REVIEW DEADLINE: December 21, 2012
CASE #: 2012 -12
BY: RG, TJ, JS, JS
PROPOSED MOTION:
"The Chanhassen Board of Appeals and Adjustments denies the 4,940 square -foot variance to the
1,000 square -foot accessory structure limitation and adopts the attached Findings of Fact and
Decision."
CITY OF CHANHASSEN
SUMMARY OF REQUEST: The developer is requesting a 4,940 square -foot variance from
the 1,000 square -foot accessory structure area limitation to reconstruct and expand the original
non - conforming shed.
LOCATION: 720 West 96 Street
Chanhassen, MN 55317
APPLICANT: Greg and Tammy Falconer
720 West 96 Street
Chanhassen, MN 55317
(612) 850 -6856
gmfinc@mninter.net
PRESENT ZONING: Agricultural Estate District
(A2)
2020 LAND USE PLAN: Residential Low Density
(net density 1.2 — 4.0 units per acre)
ACREAGE: 4.77 acres DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION -
MAKING:
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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 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 applicants are requesting a variance to exceed the 1,000 square -foot maximum area for
accessory structures to reconstruct and expand the original 1,280 square -foot non - conforming
structure. A second 4,140 square -foot accessory structure was constructed in 2000. With the
proposed expansion, accessory structures would total 5,940 square feet, which would exceed the
maximum allowable accessory structure area by 4,940 square feet.
Falconer Variance Request
Planning Case 2012 -12
November 20, 2012
Page 2 of 6
The property had a single - family home with an
attached garage, a 90' x 46' accessory structure (4,140
square feet) and a 40' x 32' accessory structure (1,280
square feet). Due to snow damage to the roof, the
smaller building has been demolished.
The property is zoned Agricultural Estate District (A2)
and is located at 720 West 96 Street. 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.
APPLICABLE REGULATIONS
Chapter 20, Division 3, Variances
Chapter 20, Article II, Division 4, Nonconforming use,
Section 20 -74 of the zoning ordinance regarding
nonconforming uses and structures allows for the
nonconformity to be continued, through repair,
replacement, restoration maintenance or improvement,
but not expansion.
Chapter 20, Article X, "A -2 ", Agricultural Estate
District
Chapter 20, Article XXIII, Division 1, Section 20 -904, Accessory Structures, of the zoning
ordinance regarding accessory structures limits detached accessory structures to 1,000 square
feet.
BACKGROUND
On September 18, 2012, the Chanhassen Board of Appeals and Adjustments denied a variance
request for a 4,940 square -foot variance to the 1,000 square -foot accessory structure limitation to
expand the accessory structure (39' 9'/4 x 40' plus a 5' 2 x 40' covered walkway /lean-to
area).
On December 5, 1984, the City Council approved a conditional use permit (CUP) for a
contractor's yard for the subject property. This application was in response to the August 20,
1984 amendment to the Zoning Ordinance allowing contractor's yards as a conditional use in the
R -la, Agricultural Residence District. When the CUP was approved, the site contained two
parcels for approximately 10 acres and included two pole barns. The easterly lot was sold and in
1985 a house was constructed on 710 West 96 Street. That lot required a variance because it
did not meet the standards of the R -la district. With the variance approval for 710 West 96
Street, the city council affirmed the CUP for the contractor's yard. As part of the Board of
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The property had a single - family home with an
attached garage, a 90' x 46' accessory structure (4,140
square feet) and a 40' x 32' accessory structure (1,280
square feet). Due to snow damage to the roof, the
smaller building has been demolished.
The property is zoned Agricultural Estate District (A2)
and is located at 720 West 96 Street. 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.
APPLICABLE REGULATIONS
Chapter 20, Division 3, Variances
Chapter 20, Article II, Division 4, Nonconforming use,
Section 20 -74 of the zoning ordinance regarding
nonconforming uses and structures allows for the
nonconformity to be continued, through repair,
replacement, restoration maintenance or improvement,
but not expansion.
Chapter 20, Article X, "A -2 ", Agricultural Estate
District
Chapter 20, Article XXIII, Division 1, Section 20 -904, Accessory Structures, of the zoning
ordinance regarding accessory structures limits detached accessory structures to 1,000 square
feet.
BACKGROUND
On September 18, 2012, the Chanhassen Board of Appeals and Adjustments denied a variance
request for a 4,940 square -foot variance to the 1,000 square -foot accessory structure limitation to
expand the accessory structure (39' 9'/4 x 40' plus a 5' 2 x 40' covered walkway /lean-to
area).
On December 5, 1984, the City Council approved a conditional use permit (CUP) for a
contractor's yard for the subject property. This application was in response to the August 20,
1984 amendment to the Zoning Ordinance allowing contractor's yards as a conditional use in the
R -la, Agricultural Residence District. When the CUP was approved, the site contained two
parcels for approximately 10 acres and included two pole barns. The easterly lot was sold and in
1985 a house was constructed on 710 West 96 Street. That lot required a variance because it
did not meet the standards of the R -la district. With the variance approval for 710 West 96
Street, the city council affirmed the CUP for the contractor's yard. As part of the Board of
Falconer Variance Request
Planning Case 2012 -12
November 20, 2012
Page 3 of 6
Appeals and Adjustments hearing on September 18, 2012, the property owner was notified that
the conditional use permit for the contractor's yard was null and void.
The current zoning ordinance limits detached accessory structures to a maximum of 1,000 square
feet. This ordinance limiting the area of the accessory structures in Agricultural Districts was
adopted in May 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.
At the time of the ordinance amendment, there were discussions regarding requests for structures
in excess of 1,000 square feet to be used for legitimate agricultural uses. Minnesota State Statute
17.81 — Definitions, Subdivision 4 defines agricultural uses 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. " As part of the discussion, it was determined that
requests for accessory structures in excess of 1,000 square feet would be reasonable if based on a
legitimate agricultural use and that the variance process provided an appropriate mechanism for
addressing the request. The accessory structure to be located on the subject property is intended
to be used as a storage structure to house antiques.
R A ;C`
Location of the
proposed expansion
Variance 2012 -10, to
allow for a 2,560 square
foot storage building —
APPROVED October 9,
2012.
Structure constructed
after 2005, no permit on
file.
If a subject property meets the criteria in Minnesota State Statute 16B.60 and 273.13, the
agricultural building would be exempt from Minnesota State Building Code and would not
require a building permit. However, city code would still require a zoning permit for its
construction. The property located at 720 West 96 Street does not qualify as agricultural land
Falconer Variance Request
Planning Case 2012 -12
November 20, 2012
Page 4 of 6
because the property has 4.77 total acres. Therefore, the accessory structure requires a building
permit.
• Minnesota State Statute 16B.60 — Definitions defines agricultural buildings 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, or sub lessee 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 desires to reconstruct and expand a storage structure on site. The previous building
was 1,280 square feet (32' x 40'). The proposed building is 1,800 square feet (37' x 40' plus an 8' x
40' covered walkway /lean-to area). The walkway /lean-to area is included in the area of the building
since it exceeds the 2.5 feet eave or architectural detail exclusion. Additionally, it could be enclosed
in the future with a minimal of alterations.
A,%
Proposed expanded
building envelope
Original Structure
(32' x 40')
First Expansion
90.3' x 45.7' [4,140 square feet].
August 2000.
Falconer Variance Request
Planning Case 2012 -12
November 20, 2012
Page 5 of 6
> �_ ?60 S1
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. 1 3,50.0 SF
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4.190 S1 (�
4,433 SP 4fY 3.900 SF
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47 q
* On October 8, 2012 the City Council approved a 1,560 square -foot variance to the 1,000
square -foot maximum accessory limitation to allow for a 2,560 square -foot storage
building.
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 residential units.
The remaining 15 percent of development of residential low- density land 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.
City staff met the applicant on site on November 7, 2012 to review the applicant's proposal and
evaluate site drainage issues. Staff advised the applicant that he could revise his plans and still
comply with the ordinance. The applicant stated that he was concerned that a smaller building
footprint would lead to snow storage issues and water problems that he is trying to address. City
code permits the applicant to replace the 32' x 40', 1,280 square -foot building. This building
would not have to sit in the exact location of the existing building, but could be shifted on site to
Falconer Variance Request
Planning Case 2012 -12
November 20, 2012
Page 6 of 6
address the owner's drainage concerns, subject to compliance with the A -2 district requirements.
Additionally, the applicant could include eaves of up to 2 t/2 feet to provide additional roof area
to direct snow to appropriate locations, which would allow a 40' x 32' building with the same
roof width as the applicant proposes (45 feet). Or, the building could be shortened from 40 feet
to 28' 5 1/3" by 45 feet.
29' —5 1 /V by 45 feet
RECOMMENDATION
40' x 32' with 2.5' overhan
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Staff recommends that the Board of Appeals and Adjustment deny the variance and adopt the
attached Findings of Fact and Decision.
ATTACHMENTS
1. Findings of Fact and Decision.
2. Development Review Application.
3. Reduced Copy Site Survey.
4. Reduced Copy Aerial View Building Plan.
5. Reduced Copy Aerial View Building Plan Previous Submittal.
6. Reduced Copy Building Elevation.
7. Reduced Copy Building Elevation Previous Submittal.
8. Public Hearing Notice and Mailing List.
gAplan\2012 planning cases\2012 -12 720 west 96th street variance- falconer\resubmittal\staff report 720 w 96th resub.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Greg and Tammy Falconer for a 4,940 square -foot area variance from the 1,000
square -foot accessory structure limitation on property zoned Agricultural Estate District (A2) —
Planning Case 2012 -12.
On November 20, 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:
P/O SW 1/4 NW' /4 E 155' OF W 310' Section 25, Township 116, Range 23
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 be used for
hobby storage. 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 hobby storage and not for
agricultural uses. Therefore, it is not keeping in harmony with the general purpose and
intent of the A2 district. 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.
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, attached garage and two accessory
structures exist on the property. Agricultural accessory structures are listed as a
permitted accessory use; however, the proposed accessory structure does not meet the
criteria- foot nonconforming accessory structure in compliance with the zoning
regulations; however, it does not permit its enlargement.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The stated intent of the request is for hobby storage.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The 1,280 square -foot accessory structure suffered a snow load collapse in the
winter of 2011. The homeowner intends to replace and expand the existing structure by
520 square feet. The City Code states "any nonconformity, including the lawful use or
occupation of land or premises existing at the time of the adoption of an additional
control under this chapter, may be continued, including through repair, replacement,
restoration, maintenance or improvement, but not expansion." This does not constitute a
unique hardship not created by the landowner since the 1,280 square -foot structure could
be replaced.
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. The total square footage of accessory
structures on this lot is the second largest in the neighborhood and exceeds the square
footages of accessory structures of seven properties in the neighborhood. 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.
The request is also inconsistent with the City Land Use Section of the City's 2030
Comprehensive Plan:
2.9 — AGRICULTURE LAND USE
Consistent with the 2030 Regional Development Framework, the City does not provide
for a purely agricultural land use, but rather supports the preservation of this use in
greater Carver County. With the urbanization of the City, there is only one active farm.
There are some properties that continue to lease their land for crop production. The City
reduces the development pressures on agricultural land through its MUSA phasing plan
and a policy of protecting agricultural land from premature development until such time
as are services are available and requested.
2
2.15 — GOALS & POLICIES
Areas outside the MUSA shall be preserved as an agricultural zone or used to support
very low density development. It is the City's policy to ensure that this area is not
prematurely developed. The City will discourage the expansion or construction of
commercial and industrial facilities in this area.
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 -12, November 20, 2012, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
"The Chanhassen Planning Commission acting as the Board or Appeals and Adjustments
denies Planning Case #2012 -12 for a 4,940 square -foot variance to the 1,000 square foot
accessory structure limitation on property zoned Agricultural Estate District, A2."
ADOPTED by the Chanhassen Planning Commission this 20 day of November, 2012.
CITY OF CHANHASSEN
IC
Chairman
PLEASE PRINT
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227 -1100
DEVELOPMENT REVIEW APPLICATION
OCT 2 2 2012
CHANHASSEN PLANNING DEPT
Applicant Name and Address:
t , 7
7A v
CG.aY. 5 7
Contact: Qo&-e s
Phone: ai x Fax:
Email: gv&-L ga c- & K ' fe A c f
Property Owner Name and Address:
Contact:
Phone: Fax:
Email:
NOTE Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non - conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right -of- Way /Easements (VAC)
(Additional recording fees may apply)
Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees /Attorney Cost **
- $50 CUP /SPRNACNARNVAP /Metes & Bounds
- $450 Minor SUB
TOTAL FEE $
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' /z" 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.
Planning Case No.
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CITY OF CHANHASSEN
RECEIVED
SCANNED
PROJECT NAME: S Vk e
LOCATION: - 7A y 6— Q &j S6 b Aj S T / 7
LEGAL DESCRIPTION AND PID: � 5 O a. 5 -� ( O
TOTAL ACREAGE:
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WETLANDS PRESENT: X YES NO
PRESENT ZONING: A d`% C- t, ( - N
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION: �S r GQe -( F a ( w ✓� ��. s : U
REQUESTED LAND USE DESIGNATION: �G
REASON FOR REQUEST: A e- 1 01A < < cA C o ((a a 5 e 1J i'O Lc t t Gl l (it
a ct c- Clio v� s t� e �� rr o o -�' . `T I.. e. ml c( E co vi c�
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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.
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.
UZ-t- 3, ao)
Date
4 2?
Date
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CITY OF CHANHASSEN
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CHANHASSEN PLANNING DEPT
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120 West 96th Street -
Chanhassen, MN
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.;iT" OF CHANHASSEN
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;s.. 44 2012
CHANHASSEN PLANNING 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
November 8, 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 720 West 96 Street Variance Request — Planning Case 2012 -012 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 en J. En & dt, D Clerk
Subscribed and sw rn to before me
this '?%� day of r , 2012.
Notary P blic
KIM T. MEUWISSEN
Notary Public- Minnesota
My Commission Expires Jan 31, 2015
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, November 20, 2012 at 7:00 p.m. This hearing may not
start until later in the evening, depending on the order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request for a Variance from Section 20 -904 of the Chanhassen
Proposal:
City Code to allow an accessory structure in excess of 1,000
square feet on pro zoned Agricultural Estate District A2
Applicant:
Greg & Tammy Falconer
Property
720 West 96 Street
Location:
A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
What Happens
public hearing through the following steps:
at the Meeting:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us /2012 -12 If you wish to talk to
someone about this project, please contact Bob Generous by
Questions &
email at bgenerousl�ci.chanhassen.mn.us or by phone at
Comments:
952- 227 -1131. If you choose to submit written comments, it is
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item will be available online on the
project web site listed above the Thursday prior to the
Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial /industrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, please contact the Planning Staff person named on the notification.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, November 20, 2012 at 7:00 P.M. This hearing may not
start until later in the evening, depending on the order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request for a Variance from Section 20 -904 of the Chanhassen
Proposal:
City Code to allow an accessory structure in excess of 1,000
square feet on pro zoned Agricultural Estate District A2
Applicant:
Greg & Tammy Falconer
Property
720 West 96 Street
Location:
A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
What Happens
public hearing through the following steps:
at the Meeting:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us /2012 -12 If you wish to talk to
someone about this project, please contact Bob Generous by
Questions &
email at bgenerous@ci.chanhassen.mn.us or by phone at
Comments:
952- 227 -1131. If you choose to submit written comments, it is
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item will be available online on the
project web site listed above the Thursday prior to the
Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's• recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial /industrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, please contact the Planning Staff person named on the notification.
ANDREW T RIEGERT BLUFF CREEK GOLF ASSOC BRADLEY C WORM
620 96TH ST W PO BOX 1060 750 96TH ST W
CHANHASSEN MN 55317 -8601 CHANHASSEN MN 55317 -1060 CHANHASSEN MN 55317 -8603
CHARLES E & SANDRA R WORM
760 96TH ST W
CHANHASSEN MN 55317 -8603
CONRAD L KERBER
9850 DELPHINIUM LN
CHASKA MN 55318 -1176
DOUGLAS L & PAULA JO STEEN
701 96TH ST W
CHANHASSEN MN 55317 -8603
GARY J & MARY LANE BENDZICK
731 96TH ST W
CHANHASSEN MN 55317 -8603
JAMES R & SHARON M HEDBERG
750 PIONEER TRL
CHANHASSEN MN 55317 -8671
KEVIN L & LORI A BOGENREIF
631 96TH ST W
CHANHASSEN MN 55317 -8602
RICHARD A & BETTY A DERHAAG
711 96TH ST W
CHANHASSEN MN 55317 -8603
STEPHEN J & COLEEN M WILKER
621 96TH ST W
CHANHASSEN MN 55317 -8602
TIMOTHY A & DAWNE M ERHART
9611 MEADOWLARK LN
CHANHASSEN MN 55317 -8695
WILLIAM F & MARY E HEINLEIN
721 96TH ST W
CHANHASSEN MN 55317 -8603
GREGORY M FALCONER
720 96TH ST W
CHANHASSEN MN 55317 -8603
JAXON D & ALLISON L LANG
9870 DELPHINIUM LN
CHASKA MN 55318 -1176
LESLIE L O'HALLORAN
710 96TH ST W
CHANHASSEN MN 55317 -8603
ROBERT & BETTY WOLD
730 PIONEER TRL
CHANHASSEN MN 55317 -8671
STEVEN J & SANDRA R KADISAK
810 PIONEER TRL
CHANHASSEN MN 55317 -8673
VIVEK KAUL
9875 DELPHINIUM LN
CHASKA MN 55318 -1176
JAMES M & TERESA A BYRNE
700 96TH ST W
CHANHASSEN MN 55317 -8603
JOHN & ANNA MAE MAKELA
8503 OLD TOWNE CT
KNOXVILLE TN 37923 -6361
LISA C OLSON
9855 DELPHINIUM LN
CHASKA MN 55318 -1176
ROBERT A & ELIZABETH K HAAK
770 PIONEER TRL
CHANHASSEN MN 55317 -8671
THEODORE B & KAREN K HASSE
630 96TH ST W
CHANHASSEN MN 55317 -8601
WESLEY & CAROL DUNSMORE
730 96TH ST W
CHANHASSEN MN 55317 -8603