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PC Staff Report 11-05-2013PROPOSED MOTION: "The Chanhassen Board of Appeals and Adjustments denies the variance request to construct a 27- foot by 24 -foot (648 square -feet) detached accessory structure 18 feet from the front property line, and adopts 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 detached garage 18 feet from the front property line. LOCATION: 6780 Lotus Trail (PID 251601641)( i APPLICANT: Lisa Thompson Peter Rocheford 6780 Lotus Trail Chanhassen, MN 55317 PRESENT ZONING: Single - Family Residential (RSF) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 0.46 acres 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 a 12 -foot variance from the 30 -foot front yard setback requirement to construct a 27 -foot by 24 -foot (648 square feet) detached garage 18 feet from the front property line. The applicant currently has an attached garage. Planning Commission 6780 Lotus Trail Variance — Planning Case 2013 -022 November 5, 2013 Page 2 of 5 The property slopes up from a low of 932 along Lotus Trail in the northeast corner of the house to a height of 946 at the south side of the house. The entire property then continues up a steep hill to a height of 988 at Carver Beach Road. The street elevation where the second driveway enters the property is at an elevation of 936 and rises to an elevation of 952 on the rear property line. While the applicant would prefer to shift the driveway south to locate the garage 18 feet from the south property line, they are willing to maintain the existing second driveway location, which is located north of the proposed location shown �m L� 00 • �i�� I �' ii i,�V �. ``, �;�- �\ ; \ \`•,`'� �, , , \ , � our �_ �- ;, on the plan. Alternately, Mr. Rocheford has stated that he would be willing to plant some trees to replace those removed. While the Carver Beach area has many nonconforming lots and setbacks, the approval of a variance to permit a substandard front yard setback would only add to a proliferation of such issues in this area. The applicant has an opportunity to construct a detached garage on the property without requiring a variance. Staff is recommending denial of the variance request. APPLICABLE REGULATIONS • Chapter 20, Article II, Division 3, Variances. • Chapter 20, Article XII, "RSF" Single - Family Residential District, section 20 -615, Lot requirements and setbacks. • Chapter 20, Article XXIII, General Supplemental Regulations, section 20 -904, Accessory structures, and section 20 -908, Yard regulations. BACKGROUND On May 15, 2012, The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approved Planning Case #2012 -05 for a variance to construct a second driveway to a proposed accessory structure on property zoned Single Family Residential (RSF). The variance is subject to the following conditions: Planning Commission 6780 Lotus Trail Variance — Planning Case 2013 -022 November 5, 2013 Page 3 of 5 1. The applicant must obtain a driveway permit and install any necessary erosion control measures prior to proceeding with the driveway installation. 2. Tree protection fencing as approved by the City Forester must be installed around the trees within the right -of -way. No further trees shall be removed with the right -of -way. 3. Demonstrate the recording of the three PIDs (25- 1601640, 25- 1601580 and 25- 1601590) into one zoning lot. 4. Prior to issuance of a building permit for the garage, the applicant must demonstrate that it meets the standards of the Residential Single Family zoning district. At the time of the variance approval for the second driveway, the applicant was advised that they would need to meet the 30 -foot front and rear yard setback and a 10 -foot side yard setback. In receiving the variance for the second driveway, the applicant argued that there was a safety issue with vehicles parking on the steep driveway. However, by requesting a variance to construct the detached garage 18 feet from the front property line, the applicant is shortening the parking area for said vehicles by one car length. It should be noted that driveways must be constructed of an improved surface (asphalt, concrete or equivalent material). Gravel is not considered an improved surface. The applicant provided information that in 1983 the property to the north received a 13 -foot variance to construct a garage 17 feet from the front property line and an 8.75 -foot side yard setback variance to construct the garage 1.25 feet from the side property line. It should be noted that that variance was approved to complete the construction of an unfinished, unroofed, existing garage /parking area, the walls of which were deteriorating. Additionally, the house to the north did not have an attached garage. The majority of construction in this area complies with setback requirements. ANALYSIS The applicant is proposing to construct a 27 -foot by 24 -foot (648 square feet) detached garage on the property. This is in addition to an existing attached garage. City Code, section 20 -904 (1) b. would permit the applicant to construct up to a 399 - square foot accessory structure within 10 feet of the rear property line, eliminating the need for a variance. Additionally, the applicant is proposing the construction of a roof deck on top of the garage. Section 20 -908 permits decks 25 feet from the front property line. The applicant gains seven feet of encroachment into the required front setback for the deck area as part of this application. The proposed garage will be built into the side of the hill on the property. The construction plans show that draintile will be installed behind the garage to collect water. The location of the draintile and the draintile outlet must be shown in a plan view of the proposed garage along with the proposed grading. Planning Commission 6780 Lotus Trail Variance – Planning Case 2013 -022 November 5, 2013 Page 4 of 5 As part of the building permit process, the applicant must submit the following: 1. The plan view sheet must show the location and outlet of the draintile around the garage. 2. A survey of the lot upon which the proposed building or construction is to be done, prepared and attested by a registered surveyor. An original signature is required on the certificate of survey. The survey shall provide the following: • Scale of drawing and north arrow; • Legal description of property; • Dimensions and bearing of front, rear and side property lines; • Front, rear and side yard setback dimensions of all proposed structures; • Location of all existing structures on the property, boulevards, streets and right -of- way, including but not limited to sanitary and storm manholes, hydrants, catch basins, power poles, phone boxes, fences and any encroachments; • Outside dimensions of proposed structure(s) including decks, porches, retaining walls (include elevations at bottom of footing and top of wall), stoops, stairs, cantilevers, fireplaces, bay and bow windows, egress window wells; • Location of a benchmark stake established by the surveyor at the front setback line within 20 feet of the proposed structure. Maintenance of the benchmark stake once established by the surveyor shall be the responsibility of the permit applicant; • Existing and proposed elevations at the following locations: a. Each lot corner. b. Top of curb or centerline of roadway at each lot line extension. c. Center of proposed driveway at curb. d. Grade at corners of proposed structure. e. Lowest floor level, top of block, garage slab. • Indication of direction of surface water drainage by avows and impervious surface calculations for the lot or parcel; • Driveway grade (minimum -0.50 percent, maximum -10 percent); and • Location and type of erosion and sediment control measures to be installed by permit holder. The applicant has provided a lot survey showing the proposed garage placement as well as existing trees on site. Upon inspection of the property, it was found that the grouping of 5 trees to the north of the garage shown on the survey has already been removed and a graveled parking area installed. With the construction of the proposed garage, the property owner would be removing the remaining trees located in the front yard. Staff recommends that if the variance is approved, the garage should be located in the existing parking area and the trees currently on site be preserved. If the applicant is allowed to build the garage in the proposed location, staff recommends that the applicant be required to plant 5 trees in the front yard. Planning Commission 6780 Lotus Trail Variance — Planning Case 2013 -022 November 5, 2013 Page 5 of 5 It is reasonable for the applicant to want to construct an accessory structure on the property. However, a smaller accessory structure can be constructed that would comply with city ordinance and that would not encroach upon the public right -of -way. While the city is aware that there are many nonconforming properties within the Carver Beach area, new construction activity has, generally, complied with city code. It is not in the long -term interest of the city to permit the downward deviation in city standards when acceptable alternatives are available. RECOMMENDATION Staff recommends that the Planning Commission deny the variance and adopt the attached Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Narrative dated October 1, 2013 by Lisa Thompson and Peter Rocheford. 4. Letter from Stanley R. Cronister to Board of Appeals and Adjustments dated October 1, 2012. 5. Letter from Stanley R. Cronister to Zoning Board of Adjustments and Appeals dated January 21, 1983. 6. Letter from Bob Waibel to Stanley Cronister dated February 8, 1983. 7. Survey and Sketch of Property and Proposed Garage Location drafted March 22, 2012. 8. Reduced Copy Garage Elevations and Plans. 9. Hard Cover Calculation Worksheet. 10. Public Hearing Notice and Affidavit of Mailing List. gAplan\2013 planning cases\2013 -22 6780 lotus trail varianc6stafPreport var.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION ItOM -11 Application of Lisa Thompson and Peter Rocheford for a 18- foot front yard setback variance to construct a detached garage on property zoned Single - Family Residential District, RSF located at 6780 Lotus Trail — Planning Case #2013 -22. On November 5, 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 District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density use. The legal description of the property is Lots 2013 through 2020 and Lots 2051 through 2054, Carver Beach, according to the recorded plat thereof, Carver County, Minnesota. 4. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction of an accessory structure would be in harmony with the zoning ordinance and comprehensive plan. However, the construction of the accessory structure closer to the front property line would not be consistent with the zoning ordinance nor the comprehensive plan. The placement of a structure closer to the front property line than permitted by code creates a sense of crowding on the public right -of- way. The applicant could construct a smaller detached garage that complies with city code. Additionally, shortening the driveway would reduce the amount of off - street parking for the property and place parked vehicles closer to the street. 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: There are no practical difficulties. The property owner does not propose to use the property in a reasonable manner. Placement of the accessory structure closer to the public right -of -way would create a sense of crowding on the public right -of -way and would shorten the driveway, reducing the amount of off -street parking. c. That the purpose of the variation is not based upon economic considerations alone. Finding: While the construction of an accessory structure would increase the value of the property, a second garage for storage is the primary consideration. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: There is nothing unique about the property that creates the need for a variance. While the property is shorter in depth in this location than the standard lot within Carver Beach (73.95 feet vs. 100 feet), the applicant could still construct a detached garage that complies with city ordinance. e. The variance, if granted, will not alter the essential character of the locality. Finding: This variance would permit construction of a structure closer to the property line than permitted for the majority of new construction in this area. The garage would tend to crowd the public street and not provide the off -street parking relief which the applicant wants. 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: While the structure would be built into the hill, this criterion does not apply. 5. The planning report #2013 -22, dated November 5, 2013, prepared by Robert Generous, et al, is incorporated herein. 2 DECISION The Board of Appeals and Adjustments denies the front yard variance request to construct a detached garage 18 feet from the front property line. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 5th day of November, 2013. CITY OF CHANHASSEN Chairman gAplan12013 planning cases12013 -22 6780 lotus trail varianceTindings of fact & decision setback var.doc PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION Planning Case CITY OF CHANHASSEN RECEIVED OCi 0 4 2013 CHANHASSEN PLANNING DEPT Property Own pr Name and Address: Ltyl, to oA_ %8D Lolid Mail CA 2 Contact: 6,4,. Phone:v Fax: Email: ociC :�� Glmczr • (vim 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 /SPRNACNAR/WAP /Metes & Bounds - $450 Minor SUBS TOTAL FEE $ 6� `" PA 6r— $6 �' An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the prior to the public hearing. *Five (5) full -size folded copies of the plans must be submitted, including an 8'/:" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format. * *Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT N LOCATION: TOTALACREAGE: WETLANDS PRESENT: YES X NO PRESENT ZONING: 6F REQUESTED ZONING: 95F PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION REASON FOR REQUEST: F 5F i; G +_ ori?,t, 7s,/ d-evw- i 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. 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 I have submitted are true and correct to the best of my knowledge. Signature of Applicant Da A/,,, aa,12 - 21*, /�- 3 Sig a of ee Ow/P r D to SCANNED gip1mWorms \development review application.doc � October 1, 2013 We are requesting a variance for the front yard setback for our proposed garage since the requested size will not fit on our property due to the front and rear yard setbacks. Both are 30' and our lot is only 75' deep. We are reauestine a front yard setback of 18' to accommodate a garage of 27' x 24'. Thank you, Lisa and Pete May 1, 2012 I am requesting a variance on my property to add a driveway and garage. BACKGROUND I have 2 parcels of property with 3 PID numbers and I have completed the required forms with Carver County to have the parcels combined into one parcel with one PID number. This will be completed in November according to the County. My property does have a driveway but it is very steep, so steep that it is non conforming with the current slope requirements in the city code. In the winter, vehicles cannot be parked on the driveway because they can and have slid down off the driveway onto Lotus Trail. It is a real safety issue for my guests and visitors. Expanding the existing driveway into the adjacent is impractical because the surrounding area also too steep and hilly and would be extremely expensive to do. The area where I want to have an additional driveway and garage has very little slope and would be in harmony with the lots on either side next to my property and would not alter the essential character of the area. The new driveway would be 24 feet wide and 40 feet long from the edge of the street. The slope of the driveway would be less than 8 %. The garage footprint would be 27 feet by 24 feet. This is an additional 1,635 of hardcover. Our total hardcover would then be 4,023 sq. ft. Our max hardcover allowable is 4,964. It should be noted that in our neighborhood there are homes that have 2 driveways, graveled traffic areas in the right of way and blacktopped parking areas in front of their homes in the right of way. SCANNED October 1, 2012 Board of Appeals and Adjustments; My name is Stan Cronister and 1 reside 6730 Lotus Trail, next door to Lisa and Pete on the north side.15eyvzY In February of 1983, 1 received approval from the Board of Appeals and Adjustments and the City Council on my January of 1983 request for a variance for setback requirements for the construction of a garage on my property. The setbacks that were approved included an 8.75 foot side yard setback and an 18 foot front yard and 2 foot accessory structure setback. I fully support Lisa and Pete's request for an 18 front yard setback. They will be building a very attractive garage that will have the same front yard setback as mine. It will improve the lot, alleviate parking issues and will add more value to the area. Kinoiy, Stanley R. ronister v� SCANNED STANLEY R. CRONISTER 6730 Lotus Trail Chanhassen, MN 55317 (612)474 -3020 January 21, 1983 Zoning Board of Adjustments & Appeals City of Chanhassen 690 Colter Drive Chanhassen, MN 55317 Board Members: I would like to apply for a variance to set back requirements in the zoning ordinance at my location, 6730 Lotus Trail, Chanhassen, Minnesota. I have what I feel is a parking area at this location. The building official from the City has indicated that he feels this structure constitutes a garage. At this time a back wall of this structure is caving in and I would like to take steps to alleviate the concern of my neighbors and the City of Chanhassen. I would also like a building permit to complete a garage at this location. I need a variance for the construction as this is the only possible area I have for off road parking. I have received permission from my neighbors, the Oiens, to have a garage wall as close as 6" to their property Lot #2013 (see enclosed). The garage will be on my Lot 2012. My contrac- tor, Design Concept Construction Limited of Excelsior will be forwarding to you plans for the above mentioned garage. I travel a great deal but I would be available to meet with the Board on February 3rd in the evening, or February 4th or February 7th. Thank you for your reviewing of this matter. Kindest regards, Stanley R. Cronister SCANNED February 8, 1983 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. SOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 Mr. Stanley Cronister 6730 Lotus Trail Chanhassen, %N 55317 Dear Mr. Cronister: This is to formally notify you that the City Council acted to approve the 8.75 foot side yard, 18 foot front yard and 2 foot accessory structure setback variance as requested in Planning Case 83 -1 Variance with the following conditions: 1. That the garage to be constructed be done in accordance with the pitched roof plan as shown in Design Concept Construction Limited drawing, dated received Chanhassen Community Development Dept., January 26, 1983. 2. That storm water gutters be placed along the south side of the roof to prevent drainage problems for the property to the south, and 3. That you deliver to the City a letter indicating your acknowledgement of potential drainage problems in the area due to slope conditions and that the City is held harmless of damage caused by drainage to the proposed structure. Concerning the issuance of a building permit, you should be in contact with Building Official, George Donnelly. If you have any other questions or comments, please do not hesitate to contact me. Sincerely, Bob Waibel City Planner BW:v CC. Scott A. Martin Bill monk George Donnelly SCANNED ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Ph. (952) 4747964 F.(952)2250502 WWW.ADVSURCOM suRyEy FoR: PETE ROCHEFORD SURVEYED: March, 2012 DRAFTED: Merck 22, 2012 LEGAL DESCRIPTION: Parcel A. LOU 20T3—,-2014, 2015, 2016, 2017, 2016, 2051, 2052, 2053, and 2054, Carver- Beacb, accmdivg to the recordeTplat mareof, Omer County, Minnesota. Panel Be Lots 2019 and 2020, Carver - Beach, according to the recorded plat thereof, Carver County, Mim ume coasult sesame 2. She 3. Set 4. Ski boundary lines of the above legal description, The scope of am services does which is a legal matter. Please check the legal description with your records or _nereesery, to make slue that it is conoct, and that any matters of record, such se and wanted, hard cover area and 1 agencies that may havejurisdictioo ov elevations on the site at selected Inert for sr review mad far the review of such of the topography of the site. We have ion on this site. The elevation eh. 119" Denotes la" ID pipe with plastic plug bearing State License Number 9235, set uness otherwise rated. N wane I hanby CATION: I Ihis sucvry wan sionarcdbyme oruvdermy dined sup Sama that I am a Rofeseioval Engineer Professional Survryor order the laws of the State ofMimesofa Jmrj. Parker P.E. &P.S. No. 9235 1 \ f It r J `, 1. 1 `�y , 1 \ 5r• ,�My, ` I I sae' � � m �` G � ��� \``, \1 1� I,I 11' 1`` \`I •iJ � `1 `,��Aj II�� 111 � I \I, � ' � j W \ ```Q. � IT v+�w GRAPHIC SCALE £ Gr as o is ap so ,an ( IN FEEL) 1 inch = 30 ft. n \C N ff2�m9 L' �z 1fIPERII06rS S17RF4CF CIMM4TIOMS DWELLING 1,357 SQ. FT. DECKING 221 SQ. FT. TIMBER WALLS 34 SQ. FT. ` DRIVEWAY 776 SQ. FT. TOTAL HARDCOVER 2,388 SQ. FT.� SCANNED AREA OF LOT (BOTH PARCELS) 19,857 SQ. FT. %HARDCOVER 12.0% 10#19 NO. 120095 � FLOOR PLAN s'wisueo swam roorace . s,e x rr. a«c,.o,... ..m..w __ _ i @ T ELEV ---------------------------------- @REAR ELEV w� . v -o. DECK PLAN (D BUILDING SECTION U v..m 1 SIDE ELEV 000 ®� n STEEL BEAM DETAIL r.i.m n REAR ELEv v. • r -m' SLAB EDGE DETAIL Z fp :n W O dYW 6 V 3 El LIJ 7 c ii i um ar.�.e i i _ __- _- ________ ___ i q i � FLOOR PLAN s'wisueo swam roorace . s,e x rr. a«c,.o,... ..m..w __ _ i @ T ELEV ---------------------------------- @REAR ELEV w� . v -o. DECK PLAN (D BUILDING SECTION U v..m 1 SIDE ELEV 000 ®� n STEEL BEAM DETAIL r.i.m n REAR ELEv v. • r -m' SLAB EDGE DETAIL Z fp :n W O dYW 6 V 3 El LIJ 7 CITY OF CHANHASSEN HARDCOVER CALCULATION WORKSHEET EXISTING & PROPOSED HARDCOVER ADDRESS: A. HOUSE B.GARAGE C. DRIVEWAY 14 wt X = 135-7 S.F. X = S.F. X = S.F. X = S.F. X = S.F. 2� X S.F. X = S.F. X = 77b S.F. 7,q— X _ S.F. D. SIDEWALKS X = S.F. X = 'J S.F. E. PATIO X 31� S.F. X — S.F. F. OTHER X = S.F. (ex: shed) X = S.F. X = S.F. r_liguzrillol:�•s COMMENTS: TOTAL HARDCOVER: 374)(. S.F. TOTAL LOT SIZE: 1qj9V S.F. HARDCOVER PERCENTAGE: (8, % MAXIMUM % ALLOWABLE: % DATE: SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2013-22 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, November 5, 2013, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a variance from Section 20 -615 of the Chanhassen City Code to construct a detached garage on property zoned Residential Single Family (RSF) and located at 6780 Lotus Trail. Applicant: Lisa Thompson/Peter Rocheford. Owner: Lisa A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us /2013 -22 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: b¢enerousna.ci.chanhassen.mn.us Phone: 952- 227 -1131 (Publish in the Chanhassen Villager on October 24, 2013) SCANNED 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 October 24, 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 a Setback Variance to 6780 Lotus Trail — Planning Case 2013 -22 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 this day of d e>be r , 2013. Notary Public F5fix` KIM T. MEUWISSEN 1 !a Pu "� �9 My Commleslon Expires Jen 31 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 5, 2013, 2013 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 20-615 of the Chanhassen Proposal: City Code to construct a detached garage on property zoned Residential Sin le Famil RSF Applicant: Peter Rocheford /Lisa Thompson Property 6780 Lotus Trail 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 /2013 -22. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at boenerous(fti.chanhassen.mn.us or by phone at Comments: 952- 227 -1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 5, 2013, 2013 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 20-615 of the Chanhassen Proposal: City Code to construct a detached garage on property zoned Residential Single Family RSF Applicant: Peter Rocheford /Lisa Thompson Property 6780 Lotus Trail 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 /2013 -22. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at benerous( ci.chanhassen.mmus or by phone at Comments: 952- 227 -1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland 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. BRIAN J TIMM BRUCE & CHARLENE BURRINGTON BRUCE ROBERT JOHANSSON 6860 LOTUS TRL 6869 YUMA DR 6701 MOHAWK DR CHANHASSEN, MN 55317 -9559 CHANHASSEN, MN 55317 -9554 CHANHASSEN, MN 55317 -9431 CARVER BEACH PROPERTIES CHRISTIAN SVENSGAARD CHRISTOPHER MARK KORN 332 2ND ST 795 CARVER BEACH RD 739 CARVER BEACH RD EXCELSIOR, MN 55331 -1806 CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9422 DAVID W WORKMAN DENNIS D KRUMSIEG GARY T & BEVERLY C FOSTER 745 CARVER BEACH RD 760 CREE DR 710 CARVER BEACH RD CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9464 CHANHASSEN, MN 55317 -9422 GERALYN J HAYDEN GERMAN D SEGURA -GOMEZ GREGORY J CARLSON 749 CARVER BEACH RD 750 CARVER BEACH RD 760 CARVER BEACH RD CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9422 JACOB D & ELIZABETH G WOESE JANICE MARIE HAZELTON JEFFERY A KING 777 CARVER BEACH RD 740 CARVER BEACH RD 767 CARVER BEACH RD CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9422 JEROME P NORTHRUP JESSICA URBICK JOHNSON - REILAND BUILDERS & 26640 DREXEL AVE 746 CARVER BEACH RD REM NEW PRAGUE, MN 56071 -8835 CHANHASSEN, MN 55317 -9422 11300 CANBY AVE FARIBAULT, MN 55021 -7252 JONAS C & EMILY S STARITA KIRSTEN ANNE PAULY LARRY L & MARY E BARRETT 6728 LOTUS TRL 751 CARVER BEACH RD 6741 HOPI RD CHANHASSEN, MN 55317 -8573 CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9427 LISA THOMPSON MARIE A LAMERE MARTIN P & AMY E JENSEN 6780 LOTUS TRL 6859 YUMA DR 770 CREE DR CHANHASSEN, MN 55317 -8573 CHANHASSEN, MN 55317 -9554 CHANHASSEN, MN 55317 -9464 MICHAEL F & BARBARA A COYLE MIKE BUENTING PAUL L VELTKAMP 757 CARVER BEACH RD 6800 RINGO DR 592 W MUSKEGON AVE CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9558 MUSKEGON, MI 49440 -1345 ROBERT JOHN MOORE STACY L ENGER STANLEY ROBERT CRONISTER 6839 YUMA DR 790 CARVER BEACH RD 6730 LOTUS TRL CHANHASSEN, MN 55317 -9554 CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -8573 STATE OF MINNESOTA IN TRUST TRICIA L NOWLING WESLEY WALTER WESTERMANN 600 4TH ST E 6829 YUMA DR 710 PONDEROSA DR CHASKA, MN 55318 -2102 CHANHASSEN, MN 55317 -9541 CHANHASSEN, MN 55317 -9419 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 October 29, 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 TIME CORRECTION for Public Hearing for a Setback Variance to 6780 Lotus Trail — Planning Case 2013 -22 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 this. ay of () in 2013. Ail - 4 Notary Ab lic K n J. E gelh dt, D uty Clerk KIM T. MEUWISSEN s Notary Public- Minnesota My Commission Expires Jan 31, 2015 Notice of Public Hearing -TIME CORRECTION Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 5, 2013, 2013 at 8:00 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. Council Chambers, 7700 Market Blvd. Request for a variance from Section 20 -615 of the Chanhassen Proposal: City Code to construct a detached garage on property zoned City Code to construct a detached garage on property zoned Residential Single amil RSF Applicant: Peter Rocheford /Lisa Thompson Property 6780 Lotus Trail Location: A location map is on the reverse side of this notice. 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 public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 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 /2013 -22. If you wish to talk to www.ci.chanhassen.mn.us /2013 -22. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at bgenerous(cDci.chanhassen.mn.us or by phone at by email at boenerous(cbci.chanhassen.mn.us or by phone at 952- 227 -1132. If you choose to submit written comments, it is Comments: 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. 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 —TIME CORRECTION Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 5, 2013, 2013 at 8:00 O.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 20-615 of the Chanhassen Proposal: City Code to construct a detached garage on property zoned Residential Single Family RSF Applicant: Peter Rocheford /Lisa Thompson Property 6780 Lotus Trail 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 W W What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. the Meeting: 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 /2013 -22. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at boenerous(cbci.chanhassen.mn.us or by phone at Comments: 952 - 227 -1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feel 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. BRIAN J TIMM BRUCE & CHARLENE BURRINGTON BRUCE ROBERT JOHANSSON 6860 LOTUS TRL 6869 YUMA DR 6701 MOHAWK DR CHANHASSEN, MN 55317 -9559 CHANHASSEN, MN 55317 -9554 CHANHASSEN, MN 55317 -943' CARVER BEACH PROPERTIES CHRISTIAN SVENSGAARD CHRISTOPHER MARK KORN 332 2ND ST 795 CARVER BEACH RD 739 CARVER BEACH RD EXCELSIOR, MN 55331 -1806 CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9422 DAVID W WORKMAN DENNIS D KRUMSIEG GARY T & BEVERLY C FOSTER 745 CARVER BEACH RD 760 CREE DR 710 CARVER BEACH RD CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9464 CHANHASSEN, MN 55317 -9422 GERALYN J HAYDEN GERMAN D SEGURA -GOMEZ GREGORY J CARLSON 749 CARVER BEACH RD 750 CARVER BEACH RD 760 CARVER BEACH RD CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9422 JACOB D & ELIZABETH G WOESE JANICE MARIE HAZELTON JEFFERY A KING 777 CARVER BEACH RD 740 CARVER BEACH RD 767 CARVER BEACH RD CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9422 JEROME P NORTHRUP JESSICA URBICK JOHNSON - REILAND BUILDERS & 26640 DREXEL AVE 746 CARVER BEACH RD REM NEW PRAGUE, MN 56071 -8835 CHANHASSEN, MN 55317 -9422 11300 CANBY AVE FARIBAULT, MN 55021 -7252 JONAS C & EMILY S STARITA KIRSTEN ANNE PAULY LARRY L & MARY E BARRETT 6728 LOTUS TRL 751 CARVER BEACH RD 6741 HOPI RD CHANHASSEN, MN 55317 -8573 CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9427 LISA THOMPSON MARIE A LAMERE MARTIN P & AMY E JENSEN 6780 LOTUS TRL 6859 YUMA DR 770 CREE DR CHANHASSEN, MN 55317 -8573 CHANHASSEN, MN 55317 -9554 CHANHASSEN, MN 55317 -9464 MICHAEL F & BARBARA A COYLE MIKE BUENTING PAUL L VELTKAMP 757 CARVER BEACH RD 6800 RINGO DR 592 W MUSKEGON AVE CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -9558 MUSKEGON, MI 49440 -1345 ROBERT JOHN MOORE STACY L ENGER STANLEY ROBERT CRONISTER 6839 YUMA DR 790 CARVER BEACH RD 6730 LOTUS TRL CHANHASSEN, MN 55317 -9554 CHANHASSEN, MN 55317 -9422 CHANHASSEN, MN 55317 -8573 STATE OF MINNESOTA IN TRUST TRICIA L NOWLING WESLEY WALTER WESTERMANN 600 4TH ST E 6829 YUMA DR 710 PONDEROSA DR CHASKA, MN 55318 -2102 CHANHASSEN, MN 55317 -9541 CHANHASSEN, MN 55317 -9419