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3. Wilder Variance ~ z < u ~ ~ ~ ~ < < ~ < ~ ~ ~ ~ CFJ. PC DATE: November 16, 2004 []J CC DATE: December 13, 2004 CITY OF CHANHASSEN REVIEW DEADLINE: 12/14/04 CASE #: 04-39 BY: JM, MS STAFF REPORT PROPOSAL: Request for an after-the-fact Variance for the intensification of a legal non- conforming structure by building a canopy with footings within the right-of- way. LOCATION: 222 West 78th Street Lot 4, Block 1, City Lots of Chanhassen APPLICANT: Tom Wilder 222 West 78th Street Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential- Low Density (Net Density Range 1.2 - 4u/Acre) ACREAGE: 0.19 acre DENSITY: NA SUMMARY OF REQUEST: Request for an after-the-fact Variance for the intensification of a legal non-conforming structure by building a canopy with footings within the right-of-way. Staff is recommending approval of the request with conditions. Notice of this public hearing has been mailed to all property owners within 500 feet. 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. Location Map Wilder Variance Request 222 West 78th Street City of Chanhassen Planning Case No. 04-39 > iD "ëij ~ en c a..: Subject Property I I I jcITJ:'h [[[]J ~ Chan OJ ~ Wilder Variance Planning Case #04-39 November 16,2004 Page 2 SUMMARY OF PROPOSAL The applicant is requesting an after-the-fact variance for a canopy/entryway with footings located within the right-of-way. The site is located north of West 78th Street, west of Erie A venue and east of Frontier Trail. Access to the site is gained via West 78th Street. A registered land survey does not exist for this property. Staff used as-built surveys for West 78th Street to determine the location of the existing house. It appears that the house was built on the front property line, which leads us to believe the stoop and canopy are located in the right-of-way. The zoning ordinance requires all structures to maintain a 30-foot front yard setback. The zoning ordinance also allows entryways on homes built prior to 1987 to maintain a 20-foot front yard setback. APPLICABLE REGUA TIONS DIVISION 4. NONCONFORMING USES* Sec. 20-71. Purpose. The purpose of this division is: (1) To recognize the existence of uses, lots, and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension of any nonconforming use, building, or structure; (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. Wilder Variance Planning Case #04-39 November 16,2004 Page 3 Sec. 20-72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. (b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwellíng is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. Sec. 20-615. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter and chapter 18: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. (2) The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul-de-sac "bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually illustrated below. (3) The minimum lot depth is one hundred twenty-five (125) feet. (6) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. c. For side yards, ten (10) feet. BACKGROUND 222 West 78th Street was created as part of the St. Hubertus subdivision on October 28, 1877. The subject property is a nonconforming lot of record and contains a house that was built in 1898. The platting of this lot and the construction of its home clearly predate the existing zoning ordinance. The City received a building permit for multiple improvements to the home on the subject property on June 22, 2004. On August 4,2004 staff inspected the canopy footings and discovered footings were too close to the sidewalk. The applicant was notified that a variance would be required. The applicant proceeded with construction of the canopy anyways. A significant number of homes in this neighborhood do not meet required setbacks and several variances have been granted for various home improvements. Case # Address Variance Notes 01-1 220 West 78th Street 21.5' front yard Approved for addition & canopy 99-6 226 Chan View Road 18' & 10' front yard Approved for addition & garage 88-10 7725 Frontier Trail 3' side yard Approved for garage 86-5 202 West 77th Street 2' side yard Approved for garage 83-13 222 Chan View Road 7' side yard Approved for garage 80-5 203112 Chan View Road 20' rear & 5' side yard Approved for garage Wilder Variance Planning Case #04-39 November 16,2004 Page 4 Case # 79-13 Address 20 I Chan View Road Variance 25' rear 7 5' side yard ANALYSIS The subject property is a 0.19-acre lot located at 222 West 78th Street. The lot contains a single- family home, has an area of 8,580 square feet, and is zoned Single Family Residential (RSF). Chanhassen City Code requires a minimum lot area of 15,000 square feet. This means that 222 West 78th Street is just over half the size of that required by city code. All structures in the zone are required to maintain a 30-foot front yard setback. The home, which was built in 1898, may be built on the front property line. The lot is rectangular measuring 60' x 143'. The canopy in question was built to shelter an existing concrete stoop. This stoop is located 4 feet from the sidewalk. The footings of the canopy are located 3 feet from the side walk. The canopy is 12.5 feet in height at its peak, is approximately 40 square feet in area (5' x 8') and is entirely within the right-of-way. Staff realizes that there is no buildable area in the front yard because the lot was platted and the home was built long before current regulations were developed. While staff believes the canopy will create safer entry and exit for the home, especially during severe weather conditions, it increases the encroachment into the right-of-way. FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet this criteria. Finding: The literal enforcement of the ordinance does not create a hardship. The property was platted in 1887 long before the lot requirements in the Chanhassen City Code existed. While there have been a the number of variances approved for reduced setbacks on properties within 500 feet of 222 West 78th Street, none of them permit the encroachment into the right-of-way. The front door, which faces West 78th Street, has a concrete stoop which is entirely within the right-of-way. The applicant built the canopy to shelter the stoop from the elements which is a convenience, not a necessity. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Wilder Variance Planning Case #04-39 November 16, 2004 Page 5 Finding: The conditions upon which this variance is based are applicable to all properties in the RSF zoning district. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The canopy/entryway will increase the value of the property. However, staff does not believe that is the sole reason for the request. The applicant's intent is to provide shelter at the stoop from the elements. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The applicant poured the footings and constructed the canopy after being notified that variance would be required. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. A majority of single-family lots within 500 feet of the subject property are less than 10,000 square feet in area and many contain structures which encroach on required setbacks. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will encroach into the right-of-way. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies the variance for the construction of a canopy with footings without any setback and within the right-of-way based on the findings of fact in the staff report with the following conditions: 1. The applicant has not demonstrated a hardship to warrant a variance." Should the Planning Commission choose to approve the variance, staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves the variance for the construction of a canopy with footings without any setback and within the right-of-way based on the findings of fact in the staff report with the following conditions: Wilder Variance Planning Case #04-39 November 16,2004 Page 6 1. Submit a lot survey signed by a registered land surveyor. The survey must show the following: a. Right-of-way, property, and easement lines in relation to the existing structures. b. Existing sidewalk location. 2. An encroachment agreement will be required if any of the existing structures are determined to be in the right-of-way." A TT ACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Letter from Thomas & Jenny Wilder stamped "Received October 15,2004". 4. Lot Drawing. 5. West 78th Street As-Built Survey. 6. Three (3) Architectural Plans. 7. August 4,2004 Inspection Notes. 8. Memo from Matt Saam to Josh Metzer dated November 8,2004. 9. Public Hearing Notice and Mailing List. G:\PLAN\2004 Planning Cases\04-39 - Wilder Variance-222 West 78th Street\Wildcr Staff Report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION INRE: Application of Thomas & Jenny Wilder for a variance for the intensification of a legal non-conforming structure by building a canopy with footings within the right-of-way. Planning Case No. 04-39 On November 16, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Thomas & Jenny Wilder for a variance for the intensification of a legal non-conforming structure by building a canopy with footings within the right-of-way located at 222 West 78th Street. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential - Low Density (Net Density Range 1.2 - 4u/ Acre). 3. The legal description of the property is: Lot 4, Block 1, City Lots of Chanhassen. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. The literal enforcement of the ordinance does not create a hardship. The property was platted in 1887 long before the lot requirements in the Chanhassen City Code existed. While there have been a the number of variances approved for reduced setbacks on properties within 500 feet of 222 W. 78th St., none of them permit the encroachment into the right-of-way. The front door, which faces W. 78th Street, has a concrete stoop which is entirely within the right-of-way. The applicant built the canopy to shelter the stoop from the elements which is a convenience, not a necessity. b. The conditions upon which this variance is based are applicable to all properties in the RSF zoning district. c. The canopy/entryway will increase the value of the property. However, staff does not believe that is the sole reason for the request. The applicant's intent is to provide shelter at the stoop from the elements. d. The applicant poured the footings and constructed the canopy after being notified that variance would be required. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. A majority of single family lots within 500 feet of the subject property are less than 10,000 square feet in area and many contain structures which encroach on required setbacks. f. The proposed variation will encroach into the right-of-way. 5. The planning report #04-39 Vmiance dated November 16, 2004, prepared by Josh Metzer, et aI, is incorporated herein. ACTION The Chanhassen Planning Commission denies the variance for the construction of a canopy with footings without any setback and within the right-of-way. ADOPTED by the Chanhassen Planning Commission on this 16th day of November, 2004. CHANHASSEN PLANNING COMMISSION BY: Planning Commission Chairperson 0'1-39 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 CITY OF CHANHASSEN RECEIVED OCT 1 5 2004 CHANHASSEN PLANNING DEPT DEVELOPMENT REVIEW APPLICATION APPLICANT: ¡;rol"u.J.~ Wr-~ OWNER:~7Að'14,â-~ /4~-D=~ ADDRESS: '7..-2-2, IN' <7ß ~ 5:rf-. ADDRESS: ,:;l/?Vo L-/~ L47-./e_ {//Ÿ'Î7\//ÝÖSE7V~ ß'A( 55Y/7 ~ð/2.-./0-\c/ ~/#. S-=f--::-5'_3 ¡ / / TELEPHONE (Day Time) C /.;;.. ) ::7 G '1'á ð r- TELEPHONE: II¢- /~, 1)',]' J!3~~'~ g / Comprehensive Plan Amendment Temporary Sales Permit ,/.~./. Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit -L Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign X Escrow for Filing Fees/Attorney Cost** .-~_.- Site Plan Review* , - $50 CUP/SPRN ACN AR/W AP/Metes & Bounds - $400 Minor SUB Subdivision* TOT AL FEE $ Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box ø Building material samples must be submitted with site plan reviews. *Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8Y:z" X 11" reduced copy for each plan sheet. **Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: ~¿- , LOCATION: ;;J ;) :;) If ~//Y1 Ò(../,y / l~ < 78~ <;1-- C h1Nj~~r~/. N ~ /' -),)"-:;/·7 LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that if development review cannot be completed within 60 days due to public hearing requirements and agency review, the city requires an automatic 50-day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. ~ ~f~;I~~~ ~~~~~ gnature of Fee 0 er· Application Received on I D - I 5 - o:/- e;5:6o /0'/ / D~ øÞo/v</ I DatB / 00 Fee Paid ~ 50- Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. G:\plan\forms\Development Review Application.DOC oa~:~fA,;a Property owners: Thomas and Jenny Wilder October 14, 2004 Variance Application: 222 W 78th Street Chanhassen, MN CITY OF CHANHASSEt\; RECEIVED OCT 1 5 2004 I) Completed application form: enclosed 2) Application fee: enclosed CHANHASSEN PLANNING DEPT 3) Review building permit # 4) Location map: enclosed 5) Please locate for me 6) Plot plan: enclosed 7) Requesting that my front porch footings be allowed 6 inches on center from existing concrete stoop 8) Variance justification ~A a) This house was one ofthe original homesites of Chanhassen and originally erected in 1898. Over the last 100 plus years, various improvements were made including the pouring of a front concrete stoop. The entire house encroaches on a setback because of the continued improvements of West 78th Street. It should be noted that my permit was approved with drawing of roof over the existing stoop, complete with frost footings. It was only after a footing inspection that the encroachment question arose. c) The front roof will provide for a safer entry to existing structure. The granting of this variance will improve the aesthetic look to an original historic property on block #1 of Chanhassen. It is not detrimental to surrounding properties. In fact, the opposite is true. Since the property has been a "rental" for much of it's history. All neighbors that have stopped by have commented on how happy they are to see a dramatically improved property. What was an eyesore has been restored to an original "cottage look". f) The proposed variation will not not impair light, air or sight lines for any neighbors or endanger the public in anyway. It will enhance neighbors property values - not detract. Thank you, ~ {j~ M/~ Tom and Jenny WiIaer SCANNED .h~L_k,l\,{ou"\ _foR ~7--2- Wf.'jl 7?J-r:5 f,-nZo::l --- ---~---~----_.. ."'.- - - -_.._---_._---------~--- ---"_. ------- - - RECErVED AUG 1 2 2004 CHANHASSEN INSPECTIONS . ::; fDo-f-ìvt5S 0:/ /11, l/ r r-,?, 1, .\ IS 17 fRo f v¿E-\) v[~ , " r 10 £:X l"7í rNú¡ f/o 0') €- ! L¡'B- ~~-11~_~~_~~-.J--~-~;Z~~----- 'íï- 9/l""-iI -~- - _._------_.~---- .. --~- GO FooTIIJCA~ vJf.-ST 1~t;J 7T1~E.t.T I / I , B I 12 [ 11" I I N t 0tAL-é j"~/O' r::r:r:::cr:r:----=-=:J tnl ~ ~---------- - L~--- SCANNED " ~ ~o, I- 1----.- " t\\ W. 7~ ~~. l./ II I I I . -¡-- --- / ~ '~ . .. (. "t,- l .....~. ) -- "-, - - . ---- -r- ....¡ - ~ .. . ~ Q "-4 ~ ~ ~ Ct: ~ \~ - - .~ I , -,-~ - 1.., . - -- . -- - -~- -- E: --I -.'. . :: -. JJRP. _ ==;: ~ - - ~'--- o. ~ ;::= . "" ~ ;;t. -= - "'" =ï- t t XiS + i h~ :... !¡ .~ :STOOÞ__ / ~ I I I --{ f!J t'J lfS' E I 5 ø Z-2.z. ~ ..". s+: . it " ~ '1 : I ~ !XIST. 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II ~' H; I" n<>1bt) ,.,\N~O~, fZ£f~l\c.£ I IA¡..t.. WIn{ I 11 l.-I~·'''! ." 12-',," l-ÝL- !}<õA , II I '. II l};j {' I I ¡I I~ ?U' ',( qO ¡:. ! >,P,QOW' ,j'H I II \ I é --~.--~--~----- III if¡' -~-.- ------.-~-'--- I I I \ I I BEAMS MUST BE NAILED TOGETHER. SET ON TOP OF POSTS AND SPLICED, OVER POSTS. II'q" 0;" > ho ,,0' Y bO" ¡,vIN90r- ¡...ILN C'o \I"" --~=~-_~'J'r,'-b---~---1 _ _ ____L__===:r::..= I 1 . 'II ( -15' ~"-- 'I I' \ i II ¡ If lo!\D ¥.7t:I\{L\rJl> 1.JP.t..L' ~€ f L-¡\U; wC\~1- \vI n1 1--- IYa'xW"xl<;.'JO" ...\fJ-- ~AI\h7 ,,,,>i'I\l.-l- 1- \V~',,¡O""IJ':¡,," l-ýL- ~a.."" B-- MOP fr;AK.. I 1£N?~I-[" ?-_1'Yé'x10"Y ~"1.' ¡'VI-- ~h. .' ,I i I ¡ _oj! I ' II ; I ~O'(..Aæ. 1iIf¡\1..L Wlni ,', III P ~O (j {·clt ~O/7 1t1/;>V~ ~ , l.-\v,',.lv·...n.''V·¡..Vl- ~~. I I~ ~IY\J i i (I' "," ;;;¡;." '- - (.11,;'" '- - I "I, 10;'~' eve ;;AtS. i" )ltt~ I ! L l I :::::=J----,-----,Y----- I' ' ." b " L II 70 ><. b ?O"I'ba·' p " v./(¡..JDOifJ Lvl"'/Ja¡..,l /0 RODS: 1V11<. l1-h'i)' i I , i Ii ~~;,~~ W,,' if :, I r ')~ I I'" --..-b" - 1 LI ---- , , I ' i '--- L 'ïL ¡; ">i3¡¡" l7""iZ ~~~~LI /c___ ~5'f3" I~¡'L ¡,"" b" 1'0'1'<;'. c.14.t-c.k fOUNÞF\í~V/J' ADs> fí1o....("'&" [F ~~Cž,}'?Nl.'{. _._~_._---_.~-. - RECEIVED JUN 2 ilJ04 CHANHASSEN INS~'r:cTlONS 'J... tJj lw-J (-bd It S~f4P-- SCANNED ADDRESS: 222 WEST 78TH STREET PERMIT NO. 2004-01248 DATE: 8/4/2004 TIME: 02:20 PM INSPECTOR: Doug Hoese INSPECTION TYPE: Footing NOTES: 1) 2 foot 8" diameter x 42" deep 2) per Bob G. is too close to sidewalk vairance require pour at your risk. STATUS: INSPECTOR: INSPECTION NOTES: 1> l{- INSPECTION REPORT CITY OF ~E'~OMINNE~ì_ / INSPECTION FO#~~~ , nATE ~J-~ ¡;ME ~\1· TIME&DATEINSPECTIONDESIRED__~O 0 7L-f ADDREssc12ë{~¿UrZ4/ 2/ ~PERMITNOt)q, () ) ?øLfg CONTRACTOR ~ _~_ TAKEN BY: C,() WATER METER NO. ._~---,~ REMOTE NO LOCATION 1 2/# $fl~R~ ~L( l)oðLl ---- --L~ ~j"---- ZJd::;~ ~etl-~= 0 iad~ --- ~ ~~~-- ._-_~_~éL - .... .P~@ ~.~~=--- 'j j :1 --~~- ---'----~,~-- Make corrections as lís~ed above a~d s~hedue a re-inspection. You may not cover, conce~1 or proceed wIth construction In any areas that require correction until aUlh~!~t Ihe huild;ng oWdal l\iÌ òJ/ 'L-ZD ~ ae --- -----¡:;-~~e-- - ---- - In p¿Cto-;:-- -- ---- ~ CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen. MN 55317 Administration Phone 952.227.1100 Fax 952.227.1110 Building Inspections Phone 952.2271180 Fax 952.2271190 Engineering Phone 952.227.1160 Fax 952.2271170 Finance Phone 952.227.1140 Fax 952.227.1110 Park & Recreation Phone 952.2271120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone 952.2271400 Fax 952.227.1404 Planning & Natural Resources Phone 952.227.1130 Fax 952.2271110 Public Works 1591 Park Road Phone 952.227.1300 Fax 952.227.1310 Senior Center PllOne 952.227 1125 Fax. 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Josh Metzer, Planning Intern Matt Saam, Assistant City EngineerM7 FROM: DATE: November 8, 2004 SUBJ: Vmiance Review for 222 W. 78th St. - Thomas Wilder Upon review of the variance application submitted by Thomas Wilder, I offer the following comments and recommendations: 1. Submit a lot survey signed by an RLS (registered land surveyor). The survey must show the following: a. Right-of-way, property, and easement lines in relation to the existing structure. b. Existing sidewalk location. 2. An encroachment agreement will be required if any of the existing structures are detennined to be in the right-of-way. c: Paul Oehme, City Engineer/Public Works Director Dan Remer, Eng. Tech III g:\eng\matt\mcrnos\staff reports\variances\wildcr variance. doc The City 01 Chanhassen · A growing community with clean lakes, qualily schuols, a dl3lmrng dowrltowrl, IIHiviri(l buslrwsses, winding trails, and beaulilul parks A great place 10 live, work, and play CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on November 5, 2004, 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 Wilder Variance at 222 West 78th Street - CORRECTION - Planning Case No. 04-39 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this ~ day of-7lmJe.M..Lbe.A.....-/ , 2004. ~l/~ -r;.o?::1i1(;~~ ^~^A^AAAA^^AAAA^AA KIM f MEUWISSEN NOt2Ty PUDlie - Minnesota CAtNER COUNTY M~ Gommisslon Expires 1131/2005 VVV\fVVVVVVVVvvvv Notice of Public Hearing - CORRECTION Chanhassen Planning Commission Meeting Notice of Public Hearing - CORRECTION Chanhassen Planning Commission Meeting TUESDAY , November 16, 2004 at 7:00 p.m City Hall Council Chambers, 7700 Market Blvd. Request for an after-the-fact Variance for the intensification of a legal non-conforming structure by building a canopy with footings within the front yard setback on property zoned Residential Sinqle Family (RSF) 04-39 Date & Time Location: Proposa TUESDAY , November 16, 2004 at 7:00 p.m City Hall Council Chambers, 7700 Market Blvd. Request for an after-the-fact Variance for the intensification of a legal non-conforming structure by building a canopy with footings within the front yard setback on property zoned Residential Sinqle Family (RSF) 04-39 Date & Time Location: I Proposa Thomas Wilder 222 West 78th Street A location map is on the Planning File Applicant Property Location: Thomas Wilder 222 West 78th Street A location map is on the reverse side of this notice. Planning File Applicant: Property Location: 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 public hearing through the following steps: 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 public hearing through the following steps: Staff will give an overview of the proposed project The applicant will present plans on the project. Comments are received from the public. Public hearing is closed and the Commission discusses the project 1 2 3 4 What Happens at the Meeting: Staff will give an overview of the proposed project The applicant will present plans on the project. Comments are received from the public. Public hearing is closed and the Commission discusses the project. 1 2 3 4 What Happens at the Meeting If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e- mail imetzer@ci.chanhassen.mn.us. 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 Questions & Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e- mail imetzer@ci.chanhassen.mn.us. 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 Questions & Comments: 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 ciose 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 somethinq to be included in the report, please contact the Planninq Staff oerson named on the notification. City Review Procedure: · Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. · Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. · Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. · A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). · Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application wiil be included in the report to the City Council. If you wish to have somethinq to be included in the report, please contact the Planninq Staff person named on the notification. lisclaimer 1is map is neither a legally recorded map nor a survey and is not intended to be used as ons. "lis map is a compilation of records, information and data located in various city, county, state and ,deral offices and other sources regarding the area shown, and is to be used for reference Jrposes only. The City does not warrant that the Geographic Information System (GIS) Data used , prepare this map are error free, and the City does not represent that the GIS Data can be used \r navigational, tracking or any other purpose requiring exacting measurement of distance or fection or precision in the depiction of geographic features. If errors or discrepancies are found ease contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota latutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not ~ liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and JJd harmless the City from any and all claims brought by User, its employees or agents, or third arties which arise out of the user's access or use of data provided. " Jisclaimer ·his map is neither a legally recorded map nor a survey and is not intended to be used as one. -his map is a compilation of records, information and data located in variOUS city, county, state and ~deral offices and other sources regarding the area shown, and is to be used for reference 'urposes only. The City does not warrant that the Geographic Information System (GIS) Data used J prepare this map are error free, and the City does not represent that the GIS Data can be used Jr navigational, tracking or any other purpose requiring exacting measurement of distance or ¡¡rection or precision in the depiction of geographic features. If errors or discrepancies are found ~Iease contact 952·227·"07. The preceding disclaimer is provided pursuant to Minnesota ;tatutes §466.03, Subd. 21 (2000). and the user of this map acknowledges that the City shall not ~e liable for any damages, and expressly waives aU claims, and agrees to defend, indemnify, and lord harmless the City from any and all claims brought by User, its employees or agents, or third )arties which arise out of the user's access or use of data provided WAYNE RUDOLPH ANDERSON & JOAN SOPHIA WILLMAN-ANDERSON 204 CHAN VIEW CHANHASSEN MN 55317 VERDELL BORTH 202 78TH ST W CHANHASSEN MN 55317 VIOLA BUSCHKOWSKY 206 78TH ST W CHANHASSEN MN 55317 CHURCH OF ST HUBERT 8201 MAIN ST CHANHASSEN MN 55317 RYAN M GAGSTETTER 224 78TH ST W CHANHASSEN MN 55317 MARY E JANSEN ET AL 7720 ERIE AVE CHANHASSEN MN 55317 JOHN E & KAREN M KRAEMER 7703 ERIE AVE CHANHASSEN MN 55317 PETER J & KATHERINE A MANDY 6210 NEAR MOUNTAIN BLVD CHANHASSEN MN 55317 BRIAN P & COLLEEN S NUSTAD PO BOX 8 CHANHASSEN MN 55317 THOMAS A & LYNN M PAULY 7721 FRONTIER TRL CHANHASSEN MN 55317 JOHN W & PAULA J ATKINS 220 78TH ST W CHANHASSEN MN 55317 DEAN C & JANET M BURDICK 206 CHAN VIEW CHANHASSEN MN 55317 CARVER COUNTY HRA 705 WALNUT ST N CHASKA MN 55318 PAUL G EIDEM & ANDREA F GRIFFITH 7727 FRONTIER TRL CHANHASSEN MN 55317 RICHARD & KATHY GAVERT 7701 FRONTIER TRL CHANHASSEN MN 55317 BERNARD & HELEN KERBER 221 77TH ST W CHANHASSEN MN 55317 KEITH R & LISA KUPCHO 7723 FRONTIER TRL CHANHASSEN MN 55317 PAUL MARAVIGLI 226 CHAN VIEW CHANHASSEN MN 55317 RICHARD A & ELIZABETH M NUST AD 7721 ERIE AVE CHANHASSEN MN 55317 NICHOLAS & PATRICIA PEKAREK 202 CHAN VIEW CHANHASSEN MN 55317 JEFFREY W & MARY L BORNS 7199 FRONTIER TRL CHANHASSEN MN 55317 DANIEL J & JEANNE M BURKE 225 77TH ST W CHANHASSEN MN 55317 CHAPEL HILL ACADEMY 306 78TH ST W CHANHASSEN MN 55317 G L B PROPERTIES LLC 1831 KOEHNEN CIR EXCELSIOR MN 55331 ANNA IVERSON BOX 1 CHANHASSEN MN 55317 TROY P KIMPTON 205 CHAN VI EW CHANHASSEN MN 55317 MARC J LARSEN & LAJEAN E BYLER 7706 ERIE AVE CHANHASSEN MN 55317 STEVEN R NELSON 11923 BLUEGILL DR SAUK CENTRE MN 56378 GREGORY J & KAREN J ODASH 221 CHAN VIEW CHANHASSEN MN 55317 TODD W PERTTU 2031/2 CHAN VIEW CHANHASSEN MN 55317 BARBARA PIKE 201 CHAN VIEW CHANHASSEN MN 55317 JESSE J SCHNEIDER PO BOX 143 CHANHASSEN MN 55317 TONJA ST MARTIN 207 CHAN VI EW CHANHASSEN MN 55317 THOMAS J & JENNIFER WILDER 21740 LILAC LN EXCELSIOR MN 55331 RONALD & ELAINE ROESER 222 CHAN VIEW CHANHASSEN MN 55317 JESSE SCHNEIDER 224 CHAN VIEW POBOX 143 CHANHASSEN MN 55317 LARRY A & KATHLEEN A SCHROEDER 7720 FRONTIER TRL CHANHASSEN MN 55317 BLANCHE M SCHUTROP 302 CHAN VIEW CHANHASSEN MN 55317 KERMIT M & AUDRE A STAKE 205 77TH ST W CHANHASSEN MN 55317 CHRISTINE A TAILLON TRUSTEE OF TRUST 203 CHAN VIEW CHANHASSEN MN 55317 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317