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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 5 912.3 fID $ _ 910.1 ra92. ST 906.0 QIMD 9Qi.9 91--39 O Z9i G Q1� 9122 ;ns $106Wb t 15.75 903.i y3!� YI 912.6 ggi3 « �ns - 9NS ♦ �. l i.a0 I SJS9'40'00'W -- -90+.2 ____ -_ x.] i p 14 - _- _ 1.56 4 915J Om>�i - i1 16.]5 i 904.4 903.6 910.] 103.83 9050 • ]9,90 O I Mn SW4WO(rW 9012 G - � I p d rZ?. zy tS5 1x.9 �St6:S 8 V 9]2.6 913.24;- p0Ew4lt( u �� I TC C o v 10 n BtOA 14.92 9016 A I&' 9]2.9 wsie -- ry : -s+za. �! _. N89040'00°E 103.83 $ ] I I I �W2.A -- Sao-;• 9[J! $� MI 1 .0 W9i29 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 ' s .,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� i i 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 g ".ptatt5rmml�vsl iptixttl re iim applKwitm dix D 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 .. I. .xn .......� rx » — I. .. `...a.a. —1 A, .-A,.t - Poi. `ydy'..».>».Ir r. a.. ». .'Jnxa'M.rsGw 4,.... 1:rr. tawa,irne�T- j ..g °y LAKESIDE SECOth.11) ADDITION 1 %223x3 FILE NO. YDOC.NO. x 2 �s loA a :.nKwa x..e °m„n.xe».r. m.�., °° ..n. »l. 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Sa° „ K E_ S 1 11 E' a e ,rm•. 621im j p""ri'' 00.41 59059'3W'W n ,- d•p•0•YZl2'� � IE. r ri p>Hloo tM'��2b �V7 ] 2 _d ry tee e.,, —y .1 m peel. m. Eml I.. %l -r I^A'1a aTn9,t of Oulml C LAI(E9Lf is m.a 1. j« O T ° a✓ e.e,x9e.r. ' o) 1. E..l. °m = rJ 5..• m/a mw e. 1 „.rw ^` • •� w1 i i t aloe .ea » n xEe.,1 num6n z969`6n 1 ffiI� 2rn 3 12lip 47w., SBp w 2A .6r...®w.�.�......,'°'°`°96�p” a:e rippj` ?vi'rr x6ovo']o'� iyv p•na �• �Tif i.. n r. E_ .. r 0 \ E% Alt im '^ ^ 1,1.. a a Inn°b 6.^lmo n°.p°r wn .n 1n1. 1n ., w li 6el en p F9t 1m na,ele evEeza Y e 1 /2b Ah 11A4 I-p �pip, m1ea ee F20595 GRAPHIC SCALE �m m It. I Inee .. v e.m ...f SCANNED 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