PC Staff Report 11-05-2013CITE' OF CHANHASSEN
PROPOSED MOTION:
PC DATE: November 5, 2013 7L) —�
CC DATE: November 25, 2013 (if necessary)
REVIEW DEADLINE: December 3, 2013
CASE #: 2013 -21
BY: SB, RG, TH, TJ, ML, JM, JS
"The Chanhassen Board of Appeals and Adjustments approves the variance to the perimeter
setback requirement to construct a three -unit townhouse subject to the conditions of this staff
report and adopts the Findings of Fact and Decision."
SUMMARY OF REQUEST: The developer is requesting a variance from the Lakeside Planned
Unit Development perimeter setback standards to construct a three -unit townhouse.
LOCATION: 8711, 8719 and 8727 Lake Riley Drive 8�
Lots 1, 2 and 3, Block 1, Lakeside Second Addition
APPLICANT: Applicant: John Arthur Homes
Attn: Art Plante
8356 Townsend Drive
Eden Prairie, MN
(612) 804 -5742
artCa,iohnarthurhomes.com
Owner: Land Hold Co., Inc.
3080 Centerville Road
Little Canada, MN 65117
(651) 773 -8077
Jeecildrmtmgmt com
PRESENT ZONING: Planned Unit Development - Residential
(PUD -R)
2020 LAND USE PLAN: Residential — High Density
ACREAGE: 0.296 acre (12,874 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 a 5.7 -foot variance from the 50 -foot perimeter setback requirement for
the main floor cantilever to construct the building at 44.3 feet from the perimeter property line
(Section 20 -908 (5) states that architectural projections (the cantilevered main floor) into a required
setback are not entitled to the additional encroachments in instances where a variance is granted).
The foundation for the three -unit townhouse building will be 45.9 feet from the perimeter property
line.
Planning Commission
Highlands at Lakeside Variance — Planning Case 2013 -21
November 5, 2013
Page 2 of 5
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As part of the overall development, the site was preliminary graded for the housing within the
project, utility services were extended for the lots and the private street providing access to the
property was installed.
Even at 44.3 feet from the property line, this structure would have the largest required setback along
the eastern project property line. The rest of the houses only have a 30 -foot setback requirement.
The proposed variance is a reasonable request given the setback standards in this area. Staff is
recommending approval of the variance.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article XXIII, Section 20 -908, Yard Regulations
Lakeside Planned Unit Development Standards
Planning Commission
Highlands at Lakeside Variance — Planning Case 2013 -21
November 5, 2013
Page 3 of 5
BACKGROUND
On September 24, 2012, the Chanhassen City Council approved the following:
Planned Unit Development — Residential Amendment revising sections b and c of the
zoning standards;
Preliminary Plat approval creating 17 lots and 7 outlots; and
Site Plan with Setback Variances:
Approving a 17 -unit townhouse development consisting of 10 twinhomes, 1 detached
townhouse (Villa) and 2 three -unit townhouses with a 1.5 -foot variance to permit the decks
to project 8.5 feet into the required yard along the eastern project boundary (21.5 -foot
setback), and a 8.7 -foot variance to permit decks to be set back 21.3 feet from the wetland
buffer edge.
On April 12, 2010, the Chanhassen City Council approved the following:
• The ordinance amending the PUD Design Standards for Lakeside.
• The preliminary plat for Lakeside Fourth Addition.
• Site Plan #10 -06 for a 22 -unit twinhome project in the Lakeside development.
On November 26, 2007, the Chanhassen City Council approved the amendment to the Planned
Unit Development (PUD 06 -26) development design standards Section c. Setbacks to change the
separation between townhouses from 20 to 15 feet, and revised the wetland setback to be consistent
with City Code. (Planning Case 2007 -23)
On January 8, 2007, the Chanhassen City Council approved the Final Plat for Lakeside Second
Addition creating 39 lots and 3 outlots.
On October 23, 2006, the Chanhassen City Council approved the final plat for Lakeside
consisting of 18 lots, 10 outlots and right -of -way for public streets. The first phase of the
development consisted of the community building and storm water pond, 11 lots for townhouses
on the west side of the development (Wooddale Builders, Inc.), 4 lots for twin homes on the east
side of the development (Charles Cudd Company), Outlot A which will contain the private street
and utilities for the project, and Outlots I and J, the recreational beachlot site.
On July 24, 2006, the Chanhassen City Council approved the following
A. Rezoning of the property located within the Lakeside development, from High Density
Residential District (R12) to Planned Unit Development - Residential (PUD -R)
Planning Commission
Highlands at Lakeside Variance — Planning Case 2013 -21
November 5, 2013
Page 4 of 5
B. Preliminary Plat for Lakeside.
C. Site Plan for 231 housing units and a community building with pool, with a Variance for
building height for the condominium units consistent with the Building elevations prepared
by Haniss Architects.
D. Conditional Use Permit for a recreational beach lot with a Variance from the
requirement that 80 percent of the units be within 1,000 feet of the recreational beach lot.
ANALYSIS
This site was originally platted with housing plans prepared for Charles Cudd Company. With
the new builder, John Arthur Homes, the housing plans are slightly different requiring additional
length, thus leading to a request for a variance from the perimeter setback.
As part of the Lakeside Fourth Addition in 2010, the PUD standards for the project were
amended to permit a 30 -foot setback from the eastern project perimeter. However, this
amendment only addressed twin homes, not townhouses. The proposed three -unit townhouse is
the only townhouse along the eastern project perimeter. The lots included in this variance are the
only properties along the eastern project that are required to maintain a 50 -foot setback.
Staff attempted to see if the applicant could shift the building to the west to avoid a perimeter
setback variance. However, due to the fire code, such an option was not possible.
Since the City first reviewed the Lakeside development, we have revised the setback
requirements in PUDs to be project specific (based on the type and intensity of development),
rather than prescriptive (50 feet for every perimeter). To the east of this development are an
Eden Prairie trail and the Bearpath golf course. Such a large separation is unnecessary to protect
adjacent property values or to provide screening or buffering for the project.
RECOMMENDATION
Staff recommends that the Planning Commission approve the variance subject to the following
conditions and adoption of the attached Findings of Fact and Decision:
1. The minimum setback from the eastern perimeter property line shall be 44.3 feet for building,
decks, patios, porches and stoops.
2. The applicant must apply for a separate building permit
Planning Commission
Highlands at Lakeside Variance — Planning Case 2013 -21
November 5, 2013
Page 5 of 5
ATTACHMENTS
1. Findings of Fact and Decision.
2. Development Review Application.
3. Letter from Art Plante to Bob Generous dated October 4, 2013
4. Sketch Plan of Building Footprint.
5. Reduced Copy Lakeside Second Addition Plat.
6. Development Design Standards, Lakeside.
7. Public Hearing Notice and Affidavit of Mailing.
g1plan\2013 planning cases\2013 -21 highlands at lakeside variance\staff report var.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of John Arthur Homes and Land Hold Co., Inc. for a perimeter setback variance to
construct a three -unit townhouse 44.3 feet from the perimeter property line on property zoned
Planned Unit Development — Residential, PUD -R — Planning Case #2013 -21.
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 Planned Unit Development — Residential, PUD -R.
2. The property is guided in the Chanhassen Comprehensive Plan for Residential High Density.
3. The legal description of the property is Lots 1, 2 and 3, Block 1, Lakeside Second Addition.
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 proposed variance would not permit buildings closer than the required
setbacks for twinhomes along this portion of the project, but would be approximately 15
feet farther from the project perimeter. Development of townhouses is consistent with
the Residential High Density land use of the project and policies promoting variety in
housing types in the community.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The practical difficulty is that the required setback is greater than that required
for adjacent housing units within this project. This site was originally platted and
designed with a different builder and house plan. The construction of the townhouse 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 to permit the construction of a John Arthur
Homes townhouse on the site.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The circumstances are due to the prescriptive setback standards originally used
within the development which have be modified for all the other homes along the eastern
side of the development.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The variance will not alter the essential character of the area since this site was
designed for a townhouse. Other homes along the eastern project perimeter are closer to
the perimeter property line than the proposed townhouses will be.
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 criteria is not applicable
5. The planning report #2013 -21, dated November 5, 2013, prepared by Robert Generous, et al,
is incorporated herein.
DECISION
The Board of Appeals and Adjustments approves setback variance to construct the
townhouse.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 5u' day of
November, 2013.
CITY OF CHANHASSEN
I:
Chairman
gAplan\2013 planning cases\2013 -21 highlands at lakeside vadance\findings of fact and decision - variance.doc
PLEASE PRINT
Applicant Name
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227 -1100
DEVELOPMENT REVIEW APPLICATION
Contact: IW _
Phone:
Planning Case No. b) 3 -,-XI
'ITY OF CHANHASSEN
RECEIVED
OCI 0 4 2013
CHANHASSEN PLANNING DEPT
Owner Name and
of3n oTG - _' oZ,o
c z�ri� � v roil Z vr� r� 6-117
Phone: &<7 --n3 -sod 1Fax:
Email: v�fr�n O.utr lyiGmT ny,.�
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
�r Notification Sign - $200
(City to install and remove)
X Escrow for Filing Fees /Attorney Cost **
- $50 CUP /SPRNACNARMIAP /Metes & Bounds
- $450 Minor SUB
_ Pd )t4�
TOTAL FEE $ -T J rt Av k , r �Y
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 %11 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 NAME /?1�0iltg4frsj0 -;' 4y -e C14-i7 42
LOCATION- ` ti �..L fl W
LEGAL DESCRIPTION AND PID� 5 0- Q-� 12
..•L <. r ur .. •
TOTALACREAGE: I-
WETLANDS PRESENT: YES --,Z, NO
PRESENT ZONING. �) t ' 1p_
REQUESTED ZONING: t' i-4U — K
PRESENT LAND USE DESIGNATION:.+
REQUESTED LAND USE DESIGNATION:- I �C
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.,l Yfr a/ /m 4 662 s E & rt-oL. / r
FOR SITE PLAN REVIEW: IncJude number of existing employees and new employees
i iw..c. t f' /�f �L �e ✓�. /� l�
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This application must be completed in full and be typewritten or clearly printed and must be accompanied by all infommilion
and plaits 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 malted to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the Crry and that I am responsible for complying with
all Gty 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.
1 will keep myself informed of the deadlines for submission of material and the progress of this application t 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.
Sk,3nature App# cant /
1% 3
Signature of Fee LOW4 /4 o £r Gt c-
' SCANNED
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John Arthur
Homes
To: Bob Generous
City of Chanhassen
October 4, 2013
As a supplement to the attached application, the applicant, John Arthur Homes (JAH) provides the
following additional information:
JAH is the builder of record for the remaining homes (14 total) in the Lakeside second addition,
purchased from Land Hold Co. Inc. (an affiliate of Charles Cudd). The subject property lots 1, 2, and 3 of
block 1, are the last homes to be built in the Lakeside second addition, and the only homes JAH will
construct along the golf course. No other three unit buildings have been built in Lakeside, by any other
builders adjacent to the golf course, and none are planned. JAH was not aware that the PUD ordinance
for Lakeside requires a fifty foot set back from the golf course for three unit buildings, versus only thirty
foot for two unit buildings. JAH does not see any practical reason for a twenty foot difference in setback
for one additional unit.
JAH investigated the possibility of moving the building closer to the front yard property line, but its
current condition (see sketch plan) is as far forward (5ft from the front property line) as possible without
requiring a one hour rated firewall assembly along the front garage wall. This is not possible to achieve
at the front of the garage with an operable door.
JAH, as a small startup company is also unable to modify (shrink) its current design as it would ruin the
integrity of the design, alter the floor plan significantly, and cause considerable financial burden and
time delay to JAH. Additionally, one of the homes has already been sold with an estimated completion
date. JAH is desirous of constructing this building (the last building to be built by JAH in Lakeside) in
order to complete the development and meet its contractual obligations to Land Hold Co. Inc. (the
current land owner) and its customers. JAH believes that this setback modification will not alter, change
or be apparent in any way to negatively impact surrounding homes, front street scape, or rear yards
from what has been previously built in two unit buildings adjacent to the golf course. We respectfully
request approval of this variance.
Thanqyo
Art P
President, John Arthur Homes
SCANNED
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Adopted July 24, 2006
Amended 11/26/07
Amended 4/12/10
Amended 9/24/12
DEVELOPMENT DESIGN STANDARDS
Lakeside Development Standards
a. Intent
The purpose of this zone is to create a PUD for a mix housing type multi - family
development. The use of the PUD zone is to allow for more flexible design standards while
creating a higher quality and more sensitive proposal. The PUD requires that the
development demonstrate a higher quality of architectural standards and site design.
Ancillary uses may be permitted as listed below once a primary use has occupied the site.
Except as modified by the Lakeside PUD ordinance, the development shall comply with the
requirements of the R -16 High Density Residential District.
b. Permitted Uses
The permitted uses in this zone shall be twin homes, townhouses and condominium
buildings and their ancillary uses. The type of uses to be provided on common areas shall
be low- intensity neighborhood - oriented accessory structures to meet daily needs of
residents. Such uses may include a bus shelter, community building, development
signage, fountain, garden, gazebo, maintenance shed, picnic shelter, pool, playground
equipment or tennis courts.
C. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The
following table displays those setbacks.
Setback Standards
Highway 212
20 feet Ctoiz
East(Perimeter) Lot Line
50 feet - townhouses /;
30 feet- twin homes; OPIV)
Building Height of the
Condominiums with a
minimum of 30 feet
Lyman Boulevard
30 feet L4It
West (Perimeter) Lot Line
50 feet
Twin Home separation between buildings
15 feet zeo7
Townhouse separation between buildings
15 feet C2oo`l
# Decks, patios, porches, and stoops may project up to seven (7) feet in to the required
yard.
* The entire development, including the public and private streets and Outlots, may not
exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site
coverage.
d. Building Materials and Design
1. Townhouses
• Building height shall be limited to 35 feet.
• Building exterior material shall be a combination of fiber - cement or vinyl
siding or shake and brick or stone.
• No two adjacent structures shall be of the same color scheme.
• Colors used shall be varied across color tones.
• All units shall utilize minimum timberline 30 -year asphalt shingles.
• Each unit shall have a minimum of one overstory tree within its front
landscape yard.
• All mechanical equipment shall be screened with material compatible to
the building, landscaping or decorative fencing.
• Garage doors shall be decorative and have windows.
2. Community Clubhouse
• Building height shall be limited to 35 feet.
• Building exterior material shall be a combination of stone and stucco and
fiber- cement.
• Natural cedar shakes roofing.
Condominium Building
• Building height shall be limited to 48 feet.
Building exterior material shall be a combination of 80 percent or greater
stone and brick. Accent and trim areas in fiber - cement lap siding and
shake.
Roofing shall be a minimum timberline 30 -year asphalt shingles (pitched
roofs).
e. Signage
Signage shall comply with city standards for Residential Districts.
Setback Standards
Minimum Driveway length (to back of curb, trail or sidewalk )
25 feet
Hard Surface Coverage
50 % *
Wetland: Buffer and buffer setback
20 feet and 30 feet
Lake Riley
75 feet
# Decks, patios, porches, and stoops may project up to seven (7) feet in to the required
yard.
* The entire development, including the public and private streets and Outlots, may not
exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site
coverage.
d. Building Materials and Design
1. Townhouses
• Building height shall be limited to 35 feet.
• Building exterior material shall be a combination of fiber - cement or vinyl
siding or shake and brick or stone.
• No two adjacent structures shall be of the same color scheme.
• Colors used shall be varied across color tones.
• All units shall utilize minimum timberline 30 -year asphalt shingles.
• Each unit shall have a minimum of one overstory tree within its front
landscape yard.
• All mechanical equipment shall be screened with material compatible to
the building, landscaping or decorative fencing.
• Garage doors shall be decorative and have windows.
2. Community Clubhouse
• Building height shall be limited to 35 feet.
• Building exterior material shall be a combination of stone and stucco and
fiber- cement.
• Natural cedar shakes roofing.
Condominium Building
• Building height shall be limited to 48 feet.
Building exterior material shall be a combination of 80 percent or greater
stone and brick. Accent and trim areas in fiber - cement lap siding and
shake.
Roofing shall be a minimum timberline 30 -year asphalt shingles (pitched
roofs).
e. Signage
Signage shall comply with city standards for Residential Districts.
f. Landscaping
Landscaping shall comply with the landscaping plan prepared by Pioneer
Engineering, dated May 19, 2006, revised June 7, 2006.
CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO. 2013-21
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 the Lakeside Planned Unit Development perimeter setback standards to construct a
three -unit townhome on property zoned Planned Unit Development - Residential (PUD -R) and
located on Lots 1, 2 and 3, Block 1, Lakeside Second Addition. Applicant: John Arthur Homes.
Owner: Land Hold Co., Inc.
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 -21 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)
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 Variance to the Lakeside PUD Perimeter Setback Standards — Planning Case
2013 -21 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.
4Ku J. E gelh dt, D ty Clerk
Subscribed and sworn to before me
this day ofl"'C Y , 2013.
° "' " R KIM T. MEUWISSEN
3 Kota
Y Public- Minnesota
'' ^� MY Commission
E pires Jan 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 the Lakeside Planned Unit
Proposal:
Development perimeter setback standards to construct a three -
unit townhome on property zoned Planned Unit Development -
Residential PUD -R
A licant:
John Arthur Homes
Property
8711, 8719 and 8727 Lake Riley Drive
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 -21. If you wish to talk to
someone about this project, please contact Robert Generous
Questions &
by email at boenerousOci.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, 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, lease 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.
Locatiorl
City Hall Council Chambers, 7700 Market Blvd.
Request for a variance from the Lakeside Planned Unit
Proposal:
Development perimeter setback standards to construct a three -
unit townhome on property zoned Planned Unit Development -
Residential PUD -R
Applica nt:
John Arthur Homes
Property
8711, 8719 and 8727 Lake Riley Drive
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 -21. If you wish to talk to
someone about this project, please contact Robert Generous
Questions &
by email at bcenerous(dci.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 parry 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 hem 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.
ART PLANTE
ARTH
JOHN ARTHUR DAVID GORONKIN DONLOY D FLUEGGE
8356 UR HOMES PO BOX 5000 PMB 479 8684 LAKE RILEY DR
EDEN PRAIRIE, DR RANCHO SANTA FE, CA 92067 -5000 CHANHASSEN, MN 55317 -4501
EDEN PRAIRIE, MN 55344
GARY F & JOAN M ROETHLE REV TR
8776 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
JOHN ARTHUR HOMES AT
LAKESIDE
707 COMMERCE DR STE 410
SAINT PAUL, MN 55125 -7747
KURT R SCHNEIBER
8759 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
NATHANIEL R PAYNE
8767 LAKE RILEY DR
CHANHASSEN, MN 55317 -4563
THE LAKESIDE MASTER ASSN
7100 MADISON AVE W
GOLDEN VALLEY, MN 55427 -3602
CITY OF EDEN PRAIRIE
8080 MITCHELL ROAD
EDEN PRAIRIE, MN 55344
JAMES T & SUZANNE FRANKLIN
8735 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
KAREN ELAINE SAMSTAD
8668 LAKE RILEY DR
CHANHASSEN, MN 55317 -4501
LAND HOLD CO LLC
3080 CENTERVILLE RD
LITTLE CANADA, MN 55117 -1185
REC INC
7500 W 78TH ST
EDINA, MN 55439 -2517
WILLIAM & JOANNE EDLEFSEN
8775 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
BEARPATH GOLF /CNTRY CLUB LP
18100 BEARPATH TRAIL
EDEN PRAIRIE, MN 55347
JAMES WILLIAM DUCHARME
8743 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
KENNETH J MILLER
8676 LAKE RILEY DR
CHANHASSEN, MN 55317 -4501
MATTHYS J COETZEE
8768 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
RONALD J MARTIN
8751 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
WOODDALE BUILDERS INC
6109 BLUE CIRCLE DR STE 2000
MINNETONKA, MN 55343 -9185
BEARPATH HOMEOWNERS ASSN INC
7100 MADISON AVE W
GOLDEN VALLEY, MN 55427
MARK T & JANE E WAGNER MID & WARREN BIELKE RANDALL K & NANCY S ZANATTA
18743 BEARPATH TRAIL 18719 BEARPATH TRAIL 18707 BEARPATH TRAIL
EDEN PRAIRIE, MN 55347 EDEN PRAIRIE, MN 55347 EDEN PRAIRIE, MN 55347
October 28, 2013
Mr. Bob Generous
City of Chanhassen
I am a resident of Lakeside and reside at 8735 Lake Riley Drive. I have reviewed
the variance for the John Arthur Homes and have discussed the respective variance
with Art Plante.
My position is that there is no harm in the requested variance as I would be an
immediate neighbor to the remaining build out. I am an active board member on
the HOA. Further, modifying the existing set back or square footage of the
remaining units would not have a negative impact on our property.
It does not seem logical to have a 50 foot set back for 3 units and 30 feet for 2 units,
which is where I reside. The new 3 unit will still have well over 40 feet to the
property line, more than 10 feet more than was approved for the twin homes.
T. F anklin
,ak& Riley Drive
assen. MN 55317
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 Variance to the Lakeside PUD Perimeter Setback
Standards — Planning Case 2013 -21 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 OCAonv r , 2013.
l
Notary Publ .
v� KIM T, P, iii?a''`?ISSEN
Note!y Puhl e,- Minnesota
7;; „.'`� My Cornmioaio:� G.pires Jan 31, 2015
Notice of Public Hearing -TIME CORRECTION
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, November 5, 2013, 2013 at 8:00 D.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 the Lakeside Planned Unit
Proposal:
Development perimeter setback standards to construct a three
unit townhome on property zoned Planned Unit Development -
Residential PUD -R
A licant:
John Arthur Homes
Property
8711, 8719 and 8727 Lake Riley Drive
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 -21. If you wish to talk to
someone about this project, please contact Robert Generous
Questions &
by email at boenerous(a)ci.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, Weiland 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 pemon(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, lease 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 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 the Lakeside Planned Unit
Proposal:
Development perimeter setback standards to construct a three -
unit townhome on property zoned Planned Unit Development -
Residential PUD -R
Applicant:
John Arthur Homes
Property
8711, 8719 and 8727 Lake Riley Drive
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 -21. If you wish to talk to
someone about this project, please contact Robert Generous
Questions &
by email at bgenerous(coci.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 commerciallindustrial.
• 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 noti mlion.
ART PLANTE
ARTH UR HOMES
JOHN ARTHUR DAVID GORONKIN DONLOY D FLUEGGE
8356 PO BOX 5000 PMB 479 8684 LAKE RILEY DR
EDEN PRAIRIE, DR RANCHO SANTA FE, CA 92067 -5000 CHANHASSEN, MN 55317 -4501
EDEN PRAIRIE, MN 55344
GARY F & JOAN M ROETHLE REV TR
8776 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
JOHN ARTHUR HOMES AT
LAKESIDE
707 COMMERCE DR STE 410
SAINT PAUL, MN 55125 -7747
KURT R SCHNEIBER
8759 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
NATHANIEL R PAYNE
8767 LAKE RILEY DR
CHANHASSEN, MN 55317 -4563
THE LAKESIDE MASTER ASSN
7100 MADISON AVE W
GOLDEN VALLEY. MN 55427 -3602
CITY OF EDEN PRAIRIE
8080 MITCHELL ROAD
EDEN PRAIRIE, MN 55344
JAMES T & SUZANNE FRANKLIN
8735 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
KAREN ELAINE SAMSTAD
8668 LAKE RILEY DR
CHANHASSEN, MN 55317 -4501
LAND HOLD CO LLC
3080 CENTERVILLE RD
LITTLE CANADA, MN 55117 -1185
REC INC
7500 W 78TH ST
EDINA, MN 55439 -2517
WILLIAM & JOANNE EDLEFSEN
8775 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
BEARPATH GOLF /CNTRY CLUB LP
18100 BEARPATH TRAIL
EDEN PRAIRIE, MN 55347
JAMES WILLIAM DUCHARME
8743 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
KENNETH J MILLER
8676 LAKE RILEY DR
CHANHASSEN, MN 55317 -4501
MATTHYS J COETZEE
8768 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
RONALD J MARTIN
8751 LAKE RILEY DR
CHANHASSEN, MN 55317 -4562
WOODDALE BUILDERS INC
6109 BLUE CIRCLE DR STE 2000
MINNETONKA, MN 55343 -9185
BEARPATH HOMEOWNERS ASSN INC
7100 MADISON AVE W
GOLDEN VALLEY, MN 55427
MARK T & JANE E WAGNER MID & WARREN BIELKE RANDALL K & NANCY S ZANATTA
18743 BEARPATH TRAIL 18719 BEARPATH TRAIL 18707 BEARPATH TRAIL
EDEN PRAIRIE, MN 55347 EDEN PRAIRIE, MN 55347 EDEN PRAIRIE, MN 55347