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3. 960 Carver Beach Road Variance RequestPROPOSED MOTION: "The Chanhassen Board of Appeals and Adjustments approves a 5.8 percent hardcover variance to permit the construction of a single - family home subject to the conditions of the staff report and adoption of the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The developer is requesting a variance from Section 20 -615 of the Chanhassen City Code to construct a single - family home. LOCATION: 960 Carver Beach Road (25- 1600850) APPLICANT: David D. Moore, hic. OP. OWNER: Anita Benson PRESENT ZONING: Residential Single Family (RSF) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 0.14 acre (6,000 sq. ft.) DENSITY: NA 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 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 relief in the form of a hardcover variance from the zoning ordinance to build on an existing lot of record. The site cannot be developed and comply with code due to requirements for a minimum house size, a two -car garage, and an improved driveway. The applicant has submitted a plan that complies with the setback and minimum house size requirements. The proposed hardcover is 30.8 percent for a split -level home (the applicant originally submitted 33.5 percent hardcover surface, but this information included the deck area which is not counted as hardcover). This is a 5.8 percent variance (30.8 % hardcover) from the Planning Commission Moore Variance July 16, 2013 Page 2 of 5 hardcover) from the 25 percent hardcover limitation for the Single - Family Residential District (RSF). Staff is recommending approval of the hardcover variance subject to the conditions of the report. APPLICABLE REGULATIONS Section 20 -29, Variance and appeals procedures. Require 3/4"' vote of members present. Section 20 -56 through 20 -60, Variances. Section 20 -73, Non - conforming lots of record. (a) No variance shall be required to construct a detached single - family dwelling on a nonconforming lot of record, excluding platted outlots, provided that it fronts on a public street or approved private street and provided that the structure meets the minimum requirements of this chapter. Section 20 -615 (4), permits a maximum lot coverage of 25 percent. Section 20 -615 (5), requires a 30 -foot rear yard setback and 10 -foot side yard setback. Section 20 -905, Single - family dwellings BACKGROUND The property is located in Carver Beach and consists of three lots, which are each 20 feet wide by 100 feet deep. The subject property is 6,000 square feet in area. It is 60 feet in width (90 feet required) and 100 feet in depth (125 feet required). No variance is required for development on platted lots provided they comply with the ordinance. On December 5, 2000, this property was reviewed for the following variances: a 9,000 square -foot variance from the 15,000 square- foot minimum lot size to permit development on an existing 6,000 square- foot lot; a 30- foot variance from the 90- foot lot frontage requirement; a 15% variance from the 25% site coverage to permit site coverage up to 40 %; a seven (7) foot variance from the 30 -foot rear yard setback, and a three (3) foot variance from the 10 -foot side yard setbacks for the construction of a single - family home. The Planning Commission voted unanimously to deny the requested variance. They felt that the proposed variances were too much. On February 12, 2001, the Chanhassen City Council approved a variance request for a 6,000 square -foot lot, a 60 -foot lot width, and 36 percent impervious surface coverage. On March 8, 2002, the variance for the property was voided. City Code, Section 20 -57, states: A variance, except a variance approved in conjunction with platting, shall become void within one (1) year following issuance unless substantial action has been taken by the petitioner in reliance thereon. Planning Commission Moore Variance July 16, 2013 Page 3 of 5 SITE CONDITIONS The topography of the site slopes from a high elevation of 1028 at the rear (northern) property line to a low of 1022 at the front (southern) property line. City sewer and water are available in Carver Beach Road. While the site appears to be easily built upon, a grading, drainage and erosion control plan must be prepared for city review and approval as part of the building permit process. The site is currently overgrown with vegetation. As part of the building permit process, all trees eight inches or larger must be included on the site survey. The building should try to preserve the trees at the perimeter of the property. NEIGHBORHOOD According to city records, there are many variances approved in the Carver Beach subdivision including area, width and setbacks. The variances listed below are within 500 feet of the parcel. Variance #94 -9, 921 Hiawatha Road, Lots 977, 1002 -1006, Carver Beach, a 5,000 square -foot lot area variance and a 20 -foot front setback variance for the construction of a single - family home. Variance #85 -5, 895 Carver Beach Road, Lots 1348 -1352, Carver Beach, a 17 -foot rear yard setback variance. It should be noted that the lot area of the parcel is 8,000 square feet. However, at the time of the variance, if the lot met 50 percent of the lot area requirements, a variance was not needed. In addition, the property immediately to the east of the site is 10,000 square feet. However, since it was built prior to the adoption of the city's ordinances, no variance was required. N iN w« NN 6 ry0. BE, eg!" A a' �q i ^n qpe gv�v''<N�I ep'pegepe0 �Iar�l � :aPwp n •NN�q �N•w: nlMW�"VeMiIIN♦W I e�e ! qq o,aeeie IOU 1 qIq •u� PIP qP 1 I I I qp. wqq i JJI � ggPP I I�OS • / _ , Iada • �� ' Y OGOUB 7 + • •f l p . O . I w O fZ . +_ ... J 1� pP O P_ P p4 tiA :'i ?'..:M •" _ Y �':IIS s1� y •w _ _ _ - _ . i. �•.� _ .:. . 1. .I ^1•DINI plr 3��•Y w x_ L• VI$a R -nn ( Y_ nAn (.� M�iO pOie +- V- �NN•Z' x�,.1111•_.� Om S•,PPO. O. i.i �•NI FINIO P w_!- &_n P_I IN_NN_N_NN__N.N_N_N _ _N N_N_I �NMIeI N NIN NININ NI_ NiN�pIA�A _�¢ q�no �uq hA; qI�Y •�/,= _ «•n♦ R/•AAAA_�.{n�yAI1�M•AIA vn pq9 NI�`.1 �1:8.Pi�yq ylyyyi A_/II1•_•�A �iM yy �j, f1 �in_�A_Y•f �l�i,i�l IIII •il�n� I SITE CONDITIONS The topography of the site slopes from a high elevation of 1028 at the rear (northern) property line to a low of 1022 at the front (southern) property line. City sewer and water are available in Carver Beach Road. While the site appears to be easily built upon, a grading, drainage and erosion control plan must be prepared for city review and approval as part of the building permit process. The site is currently overgrown with vegetation. As part of the building permit process, all trees eight inches or larger must be included on the site survey. The building should try to preserve the trees at the perimeter of the property. NEIGHBORHOOD According to city records, there are many variances approved in the Carver Beach subdivision including area, width and setbacks. The variances listed below are within 500 feet of the parcel. Variance #94 -9, 921 Hiawatha Road, Lots 977, 1002 -1006, Carver Beach, a 5,000 square -foot lot area variance and a 20 -foot front setback variance for the construction of a single - family home. Variance #85 -5, 895 Carver Beach Road, Lots 1348 -1352, Carver Beach, a 17 -foot rear yard setback variance. It should be noted that the lot area of the parcel is 8,000 square feet. However, at the time of the variance, if the lot met 50 percent of the lot area requirements, a variance was not needed. In addition, the property immediately to the east of the site is 10,000 square feet. However, since it was built prior to the adoption of the city's ordinances, no variance was required. Planning Commission Moore Variance July 16, 2013 Page 4 of 5 Within the area there are a wide variety of housing types including rambler, tuck- under, split - entry and two -story designs. The houses immediately adjacent to the property are two rambler homes and a 1'h -story house. Along Carver Beach Road there are tuck -under and split -entry homes. Elsewhere in the neighborhood are two -story houses. The proposed house plan appears to fit into the character of the area. ANALYSIS City code requires a minimum 1,050 square feet of living area in a split -level house design and a two -car garage. The applicant proposes 1,888 square feet of living area and a two -car garage. The house is 40 feet wide to meet the 10 -foot side yard setbacks, and 34 feet deep to meet the 30 -foot front and rear yard setbacks. The lot is 60 feet wide by 100 feet deep for a total lot area of 6,000 square feet, with maximum site coverage of 1,500 square feet. The building envelop is 40 feet wide by 40 feet deep or 1,600 square feet. The site cannot be developed in compliance with ordinance requirements without relief from impervious surface restrictions (Section 20 -615 (4)). The ordinance permits 25 percent lot coverage. This permits lot coverage of 1,500 square feet on the property. To meet setbacks, the optimum house design is a two - story unit. For a two -story house, the ordinance requires a minimum first floor area of 600 square feet. The ordinance also required a two -car garage. A standard size garage is 24 feet by 24 feet, or 576 square feet. A typical 20 -foot by 30 -foot driveway represents 600 square feet of impervious surface. Adding these hardcover surface areas together, the total impervious area is 1,776 square feet, which exceeds the lot coverage requirement by 276 square feet and represents site coverage of 29.6 percent. The applicant's proposal is for 1,846 square feet of hardcover surface, or 30.8 percent, which is only 70 square feet above the site coverage needed to satisfy city code requirements. If the city were to require a one -story rambler design, the minimum house size is 960 square feet. With a 24 -foot by 24 -foot garage and a 20 -foot by 30 -foot driveway, the impervious surface coverage would be 2,136 square feet or 35.6 percent; a significantly higher coverage (290 square feet) than requested by the applicant. The construction of a split - entry, single - family home is a normal use of the property that is located in the Carver Beach subdivision, which is zoned Single - Family Residential (RSF) District. The unique dimensions of the lot (60 feet by 100 feet) and the need to comply with city minimum house design requirements create practical difficulties when attempting to meet a 25 percent hardcover limitation. The alleged difficulty or hardship is not a self - created hardship as the lots in this area were platted in 1927 prior to the ordinance. The purpose of the variance is not based on economic considerations alone; the applicant is proposing to construct a single - family home on a non - conforming lot of record in a residential zoning district. The granting of this variance will not alter the character of the Carver Beach subdivision as several homes in this Planning Commission Moore Variance July 16, 2013 Page 5 of 5 area have a similar house size. Additionally, many parcels in this development are non- conforming lots of record and may require a variance to update or construct homes. RECOMMENDATION Staff recommends that the Planning Commission, as the Board of Appeals and Adjustments, approve the variance subject to the following conditions and adoption of the attached Findings of Fact and Decision: 1. The builder shall provide a tree survey as part of the building permit process. The builder shall try to preserve the trees at the perimeter of the property. 2. The building shall be limited to the split level house design. 3. The builder shall apply for a building permit and meet all requirements of said permit. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Lot Survey. 4. Letter from David D. Moore to Board Members dated June 8, 2013. 5. Letter from Anita L. Benson to Planning Commission dated June 12, 2013. 6. Hard Cover Calculations dated June 3, 2013. 7. Lot Layout. 8. Foundation Plan. 9. Main Floor Plan. 10. House Front Elevation View. 11. Email from Tim Savaloja to Bob Generous dated July 6, 2013. 12. Public Hearing Notice and Mailing List. gAplan\2013 planning cases\2013 -15 960 carver beacb road variance\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of David D. Moore, hic. and Anita Benson for a hardcover variance for a single - family home on property zoned single - family residential (RSF) — Planning Case #2013 -15. On July 16, 2013, 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 single - family residential. 2. The property is guided in the Chanhassen Comprehensive Plan for residential low density use. 3. The legal description of the property is Lots 998, 999 and 1000, Carver Beach. 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 construction and use of a split - level, single - family home within the building envelope is a normal use of the property in a residential district; therefore, it is keeping in harmony with the general purposes and intent of the RSF district. The subject site is located within the Carver Beach subdivision, which was platted in 1927. Carver Beach is zoned Single - Family Residential (RSF) and is comprised of several non- conforming residential lots which predate the adoption 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 Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The lot size creates practical difficulties in constructing a single- family home. The site has 60 feet by 100 feet lot dimensions, 6,000 square feet in total. The lot is zoned Single - Family Residential and has a 25 percent hardcover limitation that leaves the property with only 1500 square feet available for hardcover surface. With the current hardcover zoning requirements, creating a single - family home with a two (2) stall garage and 30 -foot long driveway is extremely difficult. In order to meet the minimum code requirements for a single - family home on this property, a variance is necessary. Based upon the above mentioned facts, there are practical difficulties in complying with hardcover surface requirements. The construction of a single - family home with variances from the hardcover surface is a reasonable use of the property. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone. The applicant is proposing to construct a single- family home on a non - conforming lot of record in a residential zoning district. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The alleged difficulty or hardship is not a self - created hardship. The lots were platted in 1927 prior to the ordinance. The applicant is proposing a house plan that fits in to the unique circumstances of the lot. The homes on either side of the site were developed with single - family homes in 1956 and 1966. e. The variance, if granted, will not alter the essential character of the locality. (Similar home sizes) Finding: The proposed split -entry home has 1,888 square feet of living area and a two - car garage. The homes located on either side of the home are both one -story homes with 1646 square feet and 1144 square feet of habitable living area. Another home located adjacent to the northeast of this lot is a one - and -a -half story home with 1704 square feet of habitable living area. Granting the proposed variance request will not alter the essential character of the locality or Carver Beach neighborhood, a residential district. Many parcels in this development are non - conforming lots of record and may require a variance to update or construct homes. 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 #2013 -15, dated July 16, 2013, prepared by Robert Generous, et al, is incorporated herein. DECISION The Board of Appeals and Adjustments approves a 5.8 percent hardcover variance (30.8 % hardcover) to permit the construction of a single- family home subject to the conditions of the staff report. 2013. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 16th day of July, CITY OF CHANHASSEN ICI Chairman gAplan\2013 planning case \2013 -15 960 carver beach road variane6findings of £act.doc Au h"dwgn M; a18F5E81.33AE$AC2AA 8p 81387rjF4F CITY OF CHANHASSEN 7700 Market Boulevard – P.O. Box 147 Chanhassen, MN 55317 - (352) 227 -1100 DEVELOPMENT REVIEW APPLICATION and Contact: Phone. : ; Fax Panning Case Nr_oi0i3 _ I Property Owner Name and Address: - -_ j f/N � T�y�i i`dC'lN Contact: AN17A .SEn�.SO/y Phoneo�7_G 2_4_ Fax: �- Email: 9N�7AF�✓G��rE�q ,m� ' ` Po ,,,, NOTE: Consultation with City staff is wired prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional use Permit (CUP) Interim Use Permit (]UP) Non- conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision` Temporary Sales Permit Vacation of Right -of- Way /Easements (VAC) (Additional racording fsea may apply) — Variance (VAR) Z l) 0 Wetland Alteration Permit (wAP) Zoning Appeal Zoning Ordinance Amendment ,�2c�o Notification Sign. — $200 (City to install and remove) X EWcw for Filing Fees/Attomey Cost- ` �$5t) CUP /SPR/VAC/VARNvAP /Metes s.4 Bounds - $450 Minor�1B TOTAL. FEE $_AS,�O u p� Lr� 364to An addMOAal fee of $3.00 per address within the public hearing notification area will he ^ r to At prior tc the pubft hearing. ' 'Five (,5) `vV z, ;,z `n,'def copies of the plans must be submitted, including an 8%11 3 COPY rag each Plan sheet along with a dfaftaf coav 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: -CAU 4R BMZff LOCATION: LEGAL DESCRIPTION AND PiD: Lo 0OB-If 0-- 1,5__ 9T3 —I Coo TOTAL ACREAGE- V=LANDS PRIES EN . —YES NO PRESENT ZONING: — REQUESTED ZONING: PRESENT LAND USE DFSIGNJkTTON: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEFST: RW -1 FOR SITE PLAN RE\AEW.- Include numaw of existirg employees: _ and new amoloyees: This aPPli=. OP must be compieled in full and be typewritten or dearly printed and must be accompanied by ail jrformaton and Plans required by applicable city Ordinance "Partner-t to determine the specific ordinance and Procedural Planning DL Provisions. Before filing this application, you should coffer witt- the 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. 7-is 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 MYSeff informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be Charged for consulting fees, feasibility studies, etc with an estimate prior to any authorization to Proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature ol'ApOcan' Date A vLttix, B e*tso- 06/0312013 Signature of Fee Owner Date m i— applicafiw.doc SCANNED Established In 1982 ;f LOT SURVEYS COMPANY INC INVOICE N0. 51607 F.B.NO, a18 -21 ; LAND SURVEYORS SCAL t" a• zo REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73r4 Aye-u- North 0 Danube tan Monument 66 Fax N612- 6o. 60 -3003 h Benoist Wood lM1.a Set Mlnn..Poll., Minnesota 66628 0 -362E for ...ovation oNy r000.0 Dervatn Existing Ebvan.h l�3urvrl�ars !tlYrttfirttfr (ocnP) 0enotaePropdetdElevation FLOYD OSNBNDSON, -- Svloae Wa6gge Y• �I 2.j I J /t� Ii I 75D fwlI' ..:: -.... Ewe. a. enrvi:uno.5 $EACH FOAD Lots 998, 999 and 1000, Carver Beach rrapaetd bulding information mutt be chalked with approved buiFding plop before excovodan and <onalrugion. The *My <wemenla shown are from li pfols of r il provided by cant. ecord or nlarmotan We hereby aarlify that this is a true and aorrett law ....Wi.n or IOcO0Qn of fonhoulding, oynd Asibsa emaochmerrts. if the of o laid Fond n Surveyed by us We 22bd day al December ly 90 A Gregory R. Pr'ch n. Reg. Na. 24992 SCANNED June 8, 3013 Application for 960 Carver Beach Road Hardcover Board Members I'm Dave Moore the buyer for the property located at 960 Carver Beach Road, Chanhassen, Minnesota. Please review the house designs, floor plans, site plan and the hardcover calculations for your approval process. The lot is limited because of its substandard lot size (100 x 60) but is a lot of record with all the utilities available. The present owner, Anita Benson was approved by your board with a 36% hardcover variance but the approval time has expired. We are applying for a 33.50% approval with building plans that meet all front, side, and rear yard setbacks. I believe this design has great curb appeal with three bedrooms on one level which is most appealing to the buying public. The elevation meets all City height requirements as well. Should this application be denied, the alternative would be to build a much smaller home on the lot that meets the present hardcover and setbacks. This would not be favorable for the surrounding neighbors home values and to the future buyer. Thanks, for reviewing my information David D. Moore, Inc. 2655 West 78s'. Street Chanhassen, Minnesota. 55317 SCANNED June 12, 2013 City of Chanhassen Planning Commission Re; 960 Carver Beach Rd I formerly had the privilege of living and working in and for your community from 1996 through 1999. 1 purchased the above referenced property with the dream of building a home; closing on the property in January 1999. T developed building plans, applied for and received the necessary variances required to build on the property. The Planning Commission recommended and the City Council approved at that time a variance allowing up to 36 % impervious surface coverage. Unfortunately, due to a change in my employment circumstances in the spring of 1999, it was no longer possible for me to proceed with the construction of the home I had planned to build at 960 Carver Beach Rd. In 2000, 1 was approached by City staff regarding the City's interest in purchasing the property using Community Development Block Grant (CDBG) funding for building a Habitat for Humanity home on the property. An agreement was reached with City Community Development staff for the purchase of the property. However, the purchase was not approved by City Council, possibly due to grant funding issues. While I have family who are lifelong residents of Chanhassen, I do not see in my future relocating and personally building on the property. Thus I made the decision to put the property on the market so that someone else could realize the dream I once had of building a home on the property. Mr. Moore has designed a home that will welcome a new family to the neighborhood and the community. His hard cover plan is only 33.5% and he has designed a home that will have great curb appeal, a functional architectural design and a home that will fit into the neighborhood nicely. The previous variance granted would have allowed Mr. Moore to have a greater amount of impervious surface than he is requesting. This past variance approval and the City's own interest in building a Habitat for Humanity home on the property indicate building a home on the property is not only reasonable but also the highest and best use of the property. I fully support the plans and specifications Mr. Moore is proposing for the property at 960 Carver Beach Rd. Respectfully, ,{ Anita L. Benson Current Owner of 960 Carver Beach Rd SCANNED Auttwr"gr, 0: 81W5ES1-3ME4AC2 -A49 BDS81]67DF4F ZDZc VV,40C) k, Dejc �L� StJ Sh9�l� G1 /� C 0b tr, . (( 3 �s� �3 5 — o 4z, 30 SCANNED Auth.Millo, I EgLablished in Ip82 LOT SURVEYS COMPANY, INC, 'INVOICE NO--!IT LAND SURVEyo- F.Uo_ jS LINDER THE LA-1 OF STATE OF MtTZ, SCALF-- "al 73�� A�'. 0 Dwvl,, km u¢roarnrt ri 0�t. WI "'w t,2 . p y-)c -y -t- 34 ilo.'l silh: Y-4-1 4, 7 36 osa FOAD Lou sqe• 999 aid IMU, C2ft.Qr ameb , (Z I SCANNED ;L •4 \ \/ i i a ✓ 0W ICY V� A I j 1 F• P t k a P h 1 51 .x �Q Tn V C� V � A V Y. �r�Fv a x ? t Z �{� �Op r i r �1 �j i SCANNED �caotscvssoa- rsrvz�vravcr�aasdsca =oi �e�sHUawod AuheWsjgn 10:MFSESJ- 33AE4AC2A494E AI3 OF4 �9 �w. v 4 r 'a U' }L � x �} I %4 9 !� yi k tit A � 6+ SCANNED F A � 6+ SCANNED g �'�\ :� 2 a ':a.. _� .- ...�_...., �4 F + 4 {: � ,. �: ,�:: Generous, Bob From: Tim Savaloja [savaloja.tim @gmail.com] Sent: Saturday, July 06, 2013 9:24 PM To: Generous, Bob Subject: 960 Carver Beach Rd. Mr. Generous, I live at 6770 Penamint Lane, very close to the property in question. I appreciate the notification and the opportunity to share my opinion. Unfortunately I am unable to attend the meeting. After reviewing Section 20 -615 online it seems that the variance is not for a minor discrepancy. The lot clearly does not meet the code requirements for a buildable lot. Also, it seems to me that building a two -story home on the too -small lot makes it more of a problem. With that in mind I would respectfully ask the City to uphold the Code and deny the variance. Thank you, Tim Savaloja 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 July 3, 2013, 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 the Moore/Benson Variance — Planning Case 2013 -15 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. Subscribed and sworn to before me this3rd day of Q 2013. Notary Publt ;' � Notary Public- Minnesota Zta: '+'' My Commission Expires Jen 31,2015 C d a O d O Z d Sd L E O c IL d N t t V d d 00 .y �i E V p �U a H.. 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IOd omw mndU O ct�a °O'a rnai -°Sn Ems« H mU R'ULL'D 0) m m Q �NM V y �.L.. 3 wa OL E w O.O. m- >i"- «ycUD105� c L'._ c 5. <OME�m Eo 2wo2 d3w OL"a w 0C p 3 cNnm« yQa EEv nmm C Q m a onNm°J°0c Em DccCn S9 E m m a CL d CO) O a my am EE � cn- t m O 0 O d n od 0. m 2O .£ m �$ O E a`Emi E =E c >° m J IL Q ` a J �t y�ma$ a M= S U) M ¢ m 3 m ANITA BENSON ARLEE N & JEAN M MUELLER ARNOLD E LEMKE 43179 80TH ST 1001 CARVER BEACH RD 6781 REDWING LN JANESVILLE MN 56048 -1304 CHANHASSEN MN 55317 -9529 CHANHASSEN MN 55317 -9549 BRENT A BAUER 6000 WYNGATE LN MINNETONKA MN 55345 -6557 COREY & ALISSA BERGMAN 628 SUMMERFIELD DR CHANHASSEN MN 55317 -7644 DENNIS W SCHILLING 941 WESTERN DR CHANHASSEN MN 55317 -9556 EDWARD A HJERMSTAD JR 6790 PENAMINT LN CHANHASSEN MN 55317 -9215 GAYLE J ODETTE 900 WESTERN DR CHANHASSEN MN 55317 -9556 JAMES M & TAMARA ENGESETHER 930 PENAMINT CT CHANHASSEN MN 55317 -9598 JOHN C BROICH 6800 PENAMINT LN CHANHASSEN MN 55317 -9217 KENT & MARY BRAUN 900 HIAWATHA DR CHANHASSEN MN 55317 -9532 BRUCE J SCHULTZ 6820 PENAMINT LN CHANHASSEN MN 55317 -9217 COREY A & KATIE ECKHOFF 920 HIAWATHA DR CHANHASSEN MN 55317 -9532 DEVON K & JO ANNE M EKLUND 920 PENAMINT CT CHANHASSEN MN 55317 -9598 FOURCO LLC 6771 PENAMINT LN CHANHASSEN MN 55317 -9216 GREGORY & BARBARA J PEPPERSACK 940 WESTERN DR CHANHASSEN MN 55317 -9556 JEFFREY W & MARY L BORNS 7199 FRONTIER TRL CHANHASSEN MN 55317 -9605 JOSEPH M & LORI L HARRINGTON 901 CARVER BEACH RD CHANHASSEN MN 55317 -8572 KERMIT D AUSTAD 980 CARVER BEACH RD CHANHASSEN MN 55317 -8572 CHAD SHARKEY 6801 REDWING LN CHANHASSEN MN 55317 -9566 DAVE R & JUDY L LABODA 3115 29TH ST SLAYTON MN 56172 -1545 DONALD W & CAROL M ZALUSKY 960 WESTERN DR CHANHASSEN MN 55317 -9556 GARY J & JACQUELINE A HOFFMAN 860 HIAWATHA DR CHANHASSEN MN 55317 -9532 HAYLEY A KERR 990 WESTERN DR CHANHASSEN MN 55317 -9556 JENNIFER D MAATMAN 895 CARVER BEACH RD CHANHASSEN MN 55317 -9420 KEITH J & JULIE L PETERSON 921 HIAWATHA DR CHANHASSEN MN 55317 -9532 KYLE B WENNERSTEN 1001 WESTERN DR CHANHASSEN MN 55317 -8474 LANCE A & RACHEL A CARNAHAN LARRY E SCHROERS LEONARD A & MARLENE M DUSOSKI 1000 CARVER BEACH RD 1020 CARVER BEACH RD 2144 BRIDGE XING CHANHASSEN MN 55317 -9529 CHANHASSEN MN 55317 -9529 SHAKOPEE MN 55379 -9574 LEROY & WANDA BITELER LOIS L HERRMANN M KEITH & JAYNE M MOODY 910 PENAMINT CT 991 WESTERN DR 960 PENAMINT CT CHANHASSEN MN 55317 -9598 CHANHASSEN MN 55317 -9556 CHANHASSEN MN 55317 -9598 MARY KAY HOGUE MICHAEL J SHOBERG PATRICK R SZALAPSKI PO BOX 337 834 LONE EAGLE DR 1021 CARVER BEACH RD CHANHASSEN MN 55317 -0337 CHANHASSEN MN 55317 -9417 CHANHASSEN MN 55317 -9529 RANDY M & LITA M CANTIN RAY E & MARY L MIKKONEN ROBERT B NELSEN 6694 NEZ PIERCE DR 6781 PENAMINT LN 970 CARVER BEACH RD CHANHASSEN MN 55317 -9564 CHANHASSEN MN 55317 -9216 CHANHASSEN MN 55317 -8572 SCOTT R SCHLAUDERAFF SERAFIMA & PAVEL GORLOV STEVEN & GLORIA RAY 881 WESTERN DR 921 WESTERN DR 920 WESTERN DR CHANHASSEN MN 55317 -9597 CHANHASSEN MN 55317 -9556 CHANHASSEN MN 55317 -9556 THOMAS JR & HILDA REDWING TIMOTHY D & CHARLOTTE Y REINE 990 CARVER BEACH RD SAVALOJA TROY BEACH RD CHANHASSEN MN 55317 -8572 6770 PENAMINT LN CHANHASSEN MN 55317 -9215 CHANHASSEN MN 55317 -9529 WALFORD A SCHWAB WILLIAM SHANE & MARY L MURPHY DAVID D MOORE INC 950 CARVER BEACH RD 940 PENAMINT CT 2655 W 78TH STREET CHANHASSEN MN 55317 -8572 CHANHASSEN MN 55317 -9598 CHANHASSEN MN 55317