PC Staff Report 10-19-04
CC DATE: November 8, 2004
[I]
PC DATE: October 19, 2004
CITY OF CHANHASSEN
REVIEW DEADLINE: 11/16/04
CASE #: 04-33
BY: JM,LH,MS
STAFF REPORT
PROPOSAL: Request for a Variance to construct a garage/storage building on a bluff.
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Z LOCATION: 8850 Audubon Road
-< Parcel!, Lot 2, Block 1, Sun Ridge
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~ APPLICANT: Steve & Mary Pat Monson
~ 8850 Audubon Road
t Chanhassen, MN 55317
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PRESENT ZONING: Rural Residential (RR)
2020 LAND USE PLAN: Residential - Large Lot (2.5 Acre minimum 1/ 1 0 acre outside of MUSA)
ACREAGE: 2.5 acre
DENSITY: NA
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SUMMARY OF REQUEST: Request for a Variance for grading and the construction of a
garage/storage building in a bluff. The grading variance is after the fact.
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
Monson Variance
8850 Audubon Road
City of Chanhassen
Planning Case No. 04-33
Monson Variance
Planning Case #04-33
October 19, 2004
Page 2
SUMMARY OF PROPOSAL
The applicant is proposing the construction of a garage/storage building in a bluff which has already
been graded without a permit. The proposed garage/storage building would be located in a bluff.
Two retaining walls, of approximately three feet in height, have been installed in the bluff. Grading in
the bluff has taken place creating a building pad. A gravel driveway extending off of the original
driveway leading to the building pad has been constructed. All of these improvements were made
without a permit.
APPLICABLE REGUATIONS
CHAPTER 20, ARTICLE XXVIII. BLUFF PROTECTION
Sec. 20-1400. Statement of intent.
Development, excavation, clearcutting and other activities within the bluff impact zone may result in
increased dangers of erosion, increased visibility to surrounding properties and thereby endanger the
natural character of the land and jeopardize the health, safety, and welfare of the citizens of the city. To
preserve the character of the bluff impact zone within the city, alteration to land or ve2:etation within
the bluff area will not be permitted except as regulated by this article and by the regulations of the
underlying zoning district where the property is located.
Sec. 20-1401. Structure setbacks.
(a) Structures, includin2:, but not limited to, principal buildings, decks, and accessory buildin2:s,
except stairways and landings, are prohibited on the bluff and must be set back from the top of the
bluff, the toe of the bluff, and the side of a bluff at least thirty (30) feet.
Sec. 20-1404. Topographic alterations/grading and filling.
An earthwork permit will be required for the movement of more that ten (10) cubic yards of
material within bluff impact zones. The permit shall be granted if the proposed alteration does not
adversely affect the bluff impact zone or other property. Topographic alterations/grading and filling
within the bluff impact zone shall not be permitted to increase the rate of drainage. The drainage from
property within the bluff impact zone may not be redirected without a permit from the city. Fill or
excavated material shall not be placed in bluff impact zones.
Sec. 20-1405. Roads, driveways and parking areas.
Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff
impact zones when other reasonable and feasible placement alternatives exist. If no altemati ves
exist, they may be placed within these areas, and must be designed to not cause adverse impacts.
BACKGROUND
The properties of 8850 and 8900 Audubon Road were originally one parcel (Lot 2, Block 1, 8850 Audubon
Road) as part of the Sun Ridge subdivision which was adopted by City Council on October 26, 2004. In
Subdivision 96-19 (administrative) the Monson's purchased a small portion ofland from the neighboring
property to the south (Lot 1, Block 1, 8950 Audubon Road) to make 8850 a 5-acre parcel. 8850 and 8900
Monson Variance
Planning Case #04-33
October 19, 2004
Page 3
Audubon Road were created by Subdivision 97-11 which was approved by City Council on October 26,
1998. The house at 8850 Audubon Road was constructed in 1990.
The City received a building permit for a two-story garage/storage building on June 22, 2004. On June 29,
2004 planning staff reviewed the plans and noticed extreme contours on the property at which time the
applicant was contacted to verify slopes and if a bluff existed. The applicant explained that a pad and a
gravel driveway had already been created and retaining walls had been built. When staff received the
revised registered land survey it reflected the existence of a bluff. Grading in the bluff had already taken
place, including the construction of retaining walls. Staff explained to the applicant that we cannot approve
the building permit. The options were to restore the bluff or apply for a variance with the understanding that
staff would recommend denial since the applicant has reasonable use of the property and a hardship was not
demonstrated. The applicant chose to proceed with the variance application.
ANALYSIS
The subject property is a 2.5 acre lot located at 8850 Audubon Road just north of Lyman Boulevard.
The lot contains a single-family home, has an area of 108,900 square feet, and is zoned Rural
Residential (RR).
One area on the property has been identified as a bluff (i.e. slope greater than or equal to 30% and a rise
in slope of at least 25 feet above the toe). Chanhassen City Code requires preservation of the bluff area.
All structures are required to maintain a 30-foot setback from the bluff and all grading must occur
outside of the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of the bluff).
Two retaining walls, of approximately three feet in height, have been installed in the bluff. Grading in
the bluff has taken place creating a building pad. A gravel driveway extending off of the original
driveway leading to the building pad has been built. All of these improvements were made without a
permit.
Staff realizes that there is very little buildable area on the lot; however, in order for a variance to be
approved the applicant must demonstrate a hardship. The property contains a single-family home and a
three-stall garage. Often when an additional detached garage is added to a large lot they are used for
home occupations; specifically contractors yards. These types of uses in a residential district are
prohibited and are some of the most frequent sources of code violation complaints. The applicant has a
reasonable use of the property; therefore, a hardship does not exist.
Since the variance for grading is after the fact, staff s main concern is erosion and stability of the slope. It is
staffs recommendation that the bluff be restored to a slope of 3: 1. The applicant will need to work with the
engineering department to arrive at an acceptable restoration plan. The plan shall also include re-vegetation
of the slopes and erosion control blanket. The applicant informed staff that he was unaware of the bluff
ordinance prohibiting grading within the bluffs. Staff is giving the applicant the benefit of the doubt,
however, staff recommendation is restoration of all damage to the bluff.
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:
Monson Variance
Planning Case #04-33
October 19, 2004
Page 4
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 because the property
owner has reasonable use of the site. A reasonable use is defined as the use made by a majority of
comparable property within 500 feet. In this case, because it is in a RR zoning district, a reasonable
use is a single-family home with a two-stall garage (applicant has a three-stall garage). The
property owner currently has reasonable use of the site. Approving this variance will depart
downward from pre-existing standards and set a precedent.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to other
property within the same zoning classification.
Finding: The conditions upon which this variance is based are applicable to all properties in the
RR zoning district and bluff impact zones.
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 garage/storage building will increase the value of the property. However, staff does
not believe that is the sole reason for the request.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The applicant has a reasonable use of the property having a single family home and a
three-stall garage. Therefore, the applicant has not demonstrated a hardship to warrant a variance.
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: Development, excavation, clearcutting and other activities within the bluff impact zone
may result in increased dangers of erosion, increased visibility to surrounding properties and
thereby endanger the natural character of the land and jeopardize the health, safety, and welfare
of the citizens of the city. The granting of a variance could result in degradation of the slope. It is
staff's recommendation that the bluff be restored to a slope of 3: 1.
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 not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of public streets or increase the danger of fire or
Monson Variance
Planning Case #04-33
October 19, 2004
Page 5
endanger the public safety or substantially diminish or impair property values within the
neighborhood.
RECOMMENDA TION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission denies a variance for the construction of a garage/storage building in a bluff
at 8850 Audubon Road, as shown on the plans stamped 'Received June 22, 2004' based on the findings
of fact in the staff report and the following:
1. The applicant has not demonstrated a hardship to warrant a variance.
2. The applicant has a reasonable use of the property."
Should the Planning Commission choose to approve the variance, staff recommends that the Planning
Commission adopt the following motion:
"The Planning Commission approves Variance 04-33 for the construction of a garage/storage building in
a bluff as shown on the plans stamped 'Received June 22, 2004' with the following conditions:
1. A building permit must be applied for within one year of approval of the variance or it shall become
void.
2. The proposed addition must be built per plans stamped "Received June 22, 2004."
3. The applicant must submit plans for the ramp before proceeding with construction.
4. An after-the-fact building permit for grading must be applied for.
5. The graded slope must be entirely reinforced with a retaining wall which will require a building
permit; or must be restored to a slope less than 3: 1.
6. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil
areas shall have temporary erosion protection or permanent cover year round, according to the
following table of slopes and time frames:
Time
Type of Slope (maximum time an area cau remain unvegetated
when area is not actively bein!; worked)
Steeper than 3: 1 7 Days
10:1t03:1 14 Days
Flatter than 10: 1 21 Days
These areas include any exposed soil areas with a positive slope to a temporary or permanent
drainage ditch or other natural or man-made system that discharges to any surface water.
Monson Variance
Planning Case #04-33
October 19, 2004
Page 6
7. Permanent native vegetation shall be installed on the slopes to minimize the potential for future
slope failure.
8. Submit an existing topographic survey signed by an RLS (registered land surveyor). The survey
must show the following:
a. Location of the retaining wall with top and bottom elevations.
b. Driveway location and slope.
c. Garage floor elevation.
9. The driveway must be hard-surfaced and comply with City code sec. 20-1122 (attached).
10. No home occupation or business use will be permitted in the existing attached garage or proposed
detached garage/storage building, as stated in City Code 20-977:
"...No garage or accessory buildings except accessory agriculture buildings existing on February 19,
1987 shall be used for any home occupation."
A TT ACHMENTS
1. Findings of Fact.
2. Development Review Application.
3. Letter from Steve and Pat Monson stamped "Received September 17, 2004".
4. Two (2) Lot Surveys.
5. Topographic Survey.
6. Architectural Plans.
7. Photos of the 8850 Audubon Road.
8. City Code section 20-1122.
9. Affidavit of Mailing Notice of Public Hearing.
g:\plan\2004 planning cases\04-33 - monson variance-8850 audubon road\staff report - monson.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Steve and Pat Monson for a variance to construct a garage/storage
building in a bluff.
On October 19,2004, the Chanhassen Planning Commission met at its regularly
schedule meeting to consider the application of Steve and Pat Monson for a variance to
construct a garage/storage building in a bluff located at 8850 Audubon Road. 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 Rural Residential (RR).
2. The property is guided by the Land Use Plan for Residential - Large Lot (2.5
acre minimum 1/10 acre outside of MUSA).
3. The legal description of the property is: Parcel I, Lot 2, Block 1, Sun Ridge.
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 because
the property owner has reasonable use of the site. A reasonable use is
defined as the use made by a majority of comparable property within 500
feet. In this case, because it is in a RR zoning district, a reasonable use is a
single-family home with a two-stall garage. The property owner currently
has reasonable use of the site. Approving this variance will depart
downward from pre-existing standards and set a precedent.
b. The conditions upon which this variance is based are applicable to all
properties in the RR zoning district and bluff impact zones.
c. The garage/storage building will increase the value of the property.
However, staff does not believe that is the sole reason for the request.
d. The property contains a single-family home and a three-stall garage,
therefore, the applicant has a reasonable use of the property and there is no
hardship.
e. The granting of a variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood.
f. The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of public streets or
increase the danger of fire or endanger the public safety or substantially
diminish or impair property values within the neighborhood.
5. The planning report #04-33 Variance dated October 19, 2004, prepared by
Josh Metzer, et aI, is incorporated herein.
ACTION
The Chanhassen Planning Commission
the variance to allow grading
and the construction of a garage/storage building on a bluff.
2004.
BY:
by the Chanhassen Planning Commission on this 11th day of October,
CHANHASSEN Planning Commission
Planning Commission Chairperson
CITY OF CHANHASSEN
7700 MARKET BOULEVARD
CHANHASSEN, MN 55317
(952) 227-1100
CITY OF CHANHASSEN
RECEIVED
ot-f-33
SEP 1 7 2004
CHANHASSEN PLANNING DEPT
DEVELOPMENT REVIEW APPLICATION
APPLlCANT:S\?----Ù~~ OWNER: S~ \Ì'{\\1\=~
ADDRESS:~t\U~ 1 ~ Ro~ ADDRE;SS: ~~SD Me>L'Y¥'\ D c\
~~{\~~J'\I \'{\(\ 553(7 ~JNii'~A~-^( Mf\SS3(7
TELEPHONE (DayTime) ~~ -9~5-0l( =:> TELEPHONE: f....p (~- 2-:J..{s-07/5
Comprehensive Plan Amendment Temporary Sales Permit
Conditional Use Permit Vacation of Right-of-Way/Easements
Interim Use Permit ,/ 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/SPR/VAC/VAR/WAP/Metes & Bounds
- $400 Minor SUB
Subdivision* TOTAL 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 ~
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 8112" 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.
PROJECT NAME: mO~
LOCATION: 88sn f\.u::\ulcr.x\ ~
LEGAL DESCRIPTION:
TOTAL ACREAGE: ó( 5
WETLANDS PRESENT:
PRESENT ZONING: Q.R..
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
YES
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NO
5'~ f\q\cL ç:~tlut)vytAAL bl\ 0{
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REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST: \\ ~ A \r'\ ~ -\v ,Dc), \ à ex" 0\ u·~' ~
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorizat.i..o.n typroc d with the study. The documents and information I have submitted are true and correct to the best of
my knowl~g'e.
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~fure of Applicant
~/7- c/ c/
Date
Signature of Fee Owner
Date
Application Received on c¡-/ 7 -0 l(
, .. l'Û
Fee Paid '/¡'Ø6);¡¿zJ31 Receipt No. 1159 ()
The applicant should contact staff for a copy of the staff report which will be available on Thursday 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
To: Chanhassen Planning Commission/Staff
From: Steve & Mary Pat Monson
Address: 8850 Audubon Road
REceiVED
S£p 1 7 2004
CllY OF CHANHASSEN
Re: Variance to build garage/storage on bluff
We are requesting a variance to build on what is considered by Ordinance
a bluff area, listed below are the issues concerning the property and why we
feel this is the best possible place to locate the structure.
Background Information: In 1997 we wanted to divided the 5 acres we owned into two- 2.5 acre
lots as permitted by the city, the original plan was to divide the 5 acres north and south with a
common driveway coming in off of Audubon at the south end of the property, which would have
allowed flat area's for both lots. The city asked us to change the plotting of the 5 acres to run east
and west which is what we did. Now that leaves us with 2.5 acres almost entirely on what is
considered a bluff.
Our property is zoned RR, Rural Residential. We own 2.5 acres this acreage is surrounded on 3
sides by other property owners and Audubon Road, 90% of the property is on a hill. Our
neighbors to the south and west also have 2.5 acre lots, the house to the north we believe is an
acre lot. We believe there is only two other area's on our property that may not be considered
blu ff area's however there isn't access to those area's without crossing through someone else's
property to get to it. We are asking for a variance to place a garage with storage just south of our
existing driveway.
We do not believe the properties in our same zone have the same issues we have.
The purpose of the variance is to be able to use with reasonable expectation some of the 2.5
aereage that we own, i.e. out buildings, garages and other structure are within the limitations of
the zoning in our area.
Our hardship is created by the unique percentage of the property that is located on the bluff.
We want to build this structure to store pool equipment and out door furniture that is
currently being stored behind our house under tarps in the winter, which is directly
below the hill from our neighbors to the north. We believe they would rather not view the tarps,
the new structures would not be in view oftheir home at all. The neighbors to the south are far
below the structure. The structure would not block or obstruct views from
any of the neighbors.
The structure does not impair any air flow, light source to other property owners. It does
not add congestion to the street and it is not a fire danger or public safety issue.
I n closing, we do not believe the structure has any impact on our neighbors except to
enclose what we already have stored in the back yard. It does not impact the hill, we did not take
down any trees or create an erosion area. Duc to the large tree next to the driveway on Audubon
we do not believe anyone will see the garage from Audubon. We believc with our 2.5 acrcs it is
with reasonable expcctation to be able to build a structure that we can access.
-KANK Ii. ljAliUAlit:LLt: Lana "llL veYOL, we;.
941-3031 6440 Flyín"g Cloud DÜv,"
L.Ot&\".! VUI "fIoY"-'
Eden Prajrie, MN 5534·
Qt~~tífí~aœ @f ~U-r1>¢y
Survey For
Steve Monson
8850 Audubon Road
Chanhassen, MN 55317
Phone: 361-0957
Book_Page_File 610g
Description:
Parcel I:
That part of Lot 2, Block 1, Sun Ridge, according to the recorded
plat thereof, and situate in Carver County/Minnesota, described
as lying Northeasterly of a line described as follQws: Beginning
at a poiMt on the Easterly line of said Lot 2 a distance of 353.03
feet Southerly of the Northeast corner of said Lot 2; thence North-
westerly to a point on the Westerly line of said Lot 2 a distance
of 130.50 feet Southerly from the Northwest corner of said Lot 2
and there terminating. Subject to a r.oadway easement over the
tasterly 17 feet of said parcel adjacent to Audubon Road. Subject
to a drainage and utility easement over the Southerly and South-
wester 11 6 feet ad) acent to the Southwesterly line of said parcel.
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Scale: 1"~60'
. Denotes Iron Mon.Found
__ Proposed Retaining Walls
Prop.Gar.Floor Elev. 906.0
Prop.60' Drive @10% Grade 912.0
Ret.Walls:
Lower Wall 910.0 Prop.
Higher Wall 916.0 Prop.
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This plan, specification or report was
prepared by me or under my direct super-
vision, and that I am a duly Registered
Land Surveyor i~ the State of Minnesota.
Si gned thi Sf/day of < ptember, 2004.
Fra;;T~ar a rerf¡~
Sta te Reg. License No. 6508
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Existing Graded Garage Pad
View of Existing Grading and
Garage Pad
i~!
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1
SCANNED
.-----
Extent of Grading
It
Gravel pullout leading to Garage
Pad
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,
2
SCANNED
View from Audubon Road
View of the Retaining Walls from
Toe of Bluff
/i....·'·~"' '
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3
SCAiHIED
Sec. 2CJ-t122. Access and driveways.
The purpose of this subsection is to provide minimum design criteria, setb,ack and slope
standards for vehicular use. The intent is to reduce interference with drainage and utility
easements by providing setback standards; reduce erosion by requiring a hard surface for all
driveways; to limit the number of driveway access points to public streets and direct
drainage toward the street via establishment of minimum driveway slope standards. Parking
and loading spaces shall have proper access from a public right-of-way. The number and width
of access drives shall be located to minimize traffic congestion and abnormal traffic hazard. All
driveways shall meet the following criteria:
a. Driveways shall be setback at least five (5) feet from the side property lines, beginning
at twenty (20) feet from the front yard setback unless an encroachment agreement is
received from the city.
b. Driveway grades shall be a minimum of one-half of one (0.5) percent and a maximum
grade of ten (10) percent at any point in the driveway.
c. In areas located within the Metropolitan Urban Services Area (MUSA) as identified on
the Comprehensive Plan, driveways shall be surfaced with bituminous, concrete or
other hard surface material, as approved by the city engineer. In areas outside the
MUSA, driveways shall be surfaced from the intersection of the road through the
right-of-way portion of the driveway with bituminous, concrete or other hard surface
material, as approved by the city engineer.
d. On corner lots, the minimum corner clearance from the roadway right-of-way line shall
be at least thirty (30) feet to the edge of the driveway.
e. For A-2, RSF, and R-4 residential uses, the width of the driveway access shall not
exceed twenty-four (24) feet at the right-of·way line. No portion ofthe right-of-way may
be paved except that portion used for the driveway. Inside the property line of the site,
the maximum driveway width shall not exceed thirty-six (36) feet. The minimum
driveway width shall not be less than ten (10) feet.
f. For all other uses, the width of the driveway access shall not exceed thirty-si.¡: (36) feet
in width measured at the roadway right·of-way line. No portion of the right-of-way
may be paved except that portion used for the driveway.
g. Driveway setbacks may be reduced subject to the following criteria:
1. The driveway will not interfere with any existing easement; and
2. Shall require an easement encroachment agreement from the engineering
department; and
3. The location of the driveway must be approved by the city engineer to ensure that
it will not cause runoff onto adjacent properties.
h. One driveway access is allowed from a single residential lot to the street.
1. A turnaround is required on a driveway entering onto a state highway, county road or
collector roadway as designated in the comprehensive plan, and onto city streets where
this is deemed necessary by the city engineer, based on traffic counts, sight distances,
street grades, or other relevant factors. If the engineer requires a turnaround, this
requirement will be stated on the building permit.
j. Separate driveways serving utility facilities are permitted.
(Ord. No. 117, § 1, 1-8-90; Ord. No. 330, § 1, 11-13-01)
SCANNED
Supp. No. 14
1 ')~() 17
CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
ST ATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
1, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
October 7,2004, 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 Variance to Bluff Ordinance on property located at 8850 Audubon Road,
Steve Monson - Planning Case No. 04-33 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
thisdL\-hdayof Nc* I'Y\ hPr , 2004.
_~''T''Y
q\1, . \ ~''''~) ðt~
Notary Pu lie
AJU\'AAAAN\JV\AJVV\J\JVVJ
' KIM T MEUWISSEN
. Notary Public· Minnesota
CAhVER COUNTY
My Commission Expires 1/31/2005
VVVVVVVVVVVVVVVVV
SCANNED
ng
Notice of Public Hearing
Chanhassen Planning Commission Meeti
ce of Public Hearing
Chanhassen Planning Commission Meet
Not
Tuesday, October 19, 2004 at 7:00 p.m
City Hall Council Chambers, 7700 Market Blvd
Request for a variance to the bluff ordinance to allow grading
and construction of a qaraqe/storaqe area
04-33
Steve Monson
Date & Time
Location:
ng
Tuesday, October 19, 2004 at 7:00 p.m
City Hall Council Chambers, 7700 Market Blvd
Request for a variance to the bluff ordinance to allow grading
and construction of a garage/storaqe area
Date & Time
Location:
Proposa
Proposa
Planning File
Applicant
Property
Location:
04-33
Steve Monson
Planning File
Applicant
Property
Location:
8850 Audubon Road
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
public hearing through the following steps:
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
8850 Audubon Road
A location map is on the
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:
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.
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
1
2
3
4
What Happens
at the Meeting
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 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.
City Review Procedure:
· Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
· Staff prepares a report on the subject application that includes all pertinent information and a recommendation
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial/industrial.
· Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
· A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
· Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
somethino to be included in the report, please contact the Planninq Staff person named on the notification.
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one.
This map is a compilation of records, information and data located in various city, county, state and
federal offices and other sources regarding the area shown, and is to be used for reference
purposes only. The City does not warrant that the Geographic Information System (GIS) Data used
to prepare this map are error free, and the City does not represent that the GIS Data can be used
for navigational, tracking or any other purpose requiring exacting measurement of distance or
direction or precision in the depiction of geographic features. If errors or discrepancies are found
please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota
Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not
be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and
hold harmless the City from any and all claims brought by User, its employees or agents, or third
parties which arise out of the user's access or use of data provided.
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one.
This map is a compilation of records, information and data located in various city, county, state and
federal offices and other sources regarding the area shown, and is to be used for reference
purposes only. The City does not warrant that the Geographic Information System (GIS) Data used
to prepare this map are error free, and the City does not represent that the GIS Data can be used
for navigational, tracking or any other purpose requiring exacting measurement of distance or
direction or precision in the depiction of geographic features. If errors or discrepancies are found
please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota
Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not
be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and
hold harmless the City from any and all claims brought by User, its employees or agents, or third
parties which arise out of the user's access or use of data provided.
Public Hearing Notification Area Map (500 feet)
Monson Variance
8850 Audubon Road
City of Chanhassen
Planning Case No. 04-33
PATRICK L & SHARON M ARBOGAST
1801 VALLEY RIDGE TRL S
CHANHASSEN MN 55317
CYNTHIA F BONGARD,TRUSTEE &
JAMES A BERNARDS, TRUSTEE
8831 AUDUBON RD
CHANHASSEN MN 55317
MICHAEL J & JOANNE COCHRANE
1751 SUN RIDGE CT
CHANHASSEN MN 55317
CHRIS B & LESLIE J ERICKSON
1831 SUNRIDGE CT
CHANHASSEN MN 55317
THOMAS A & SUSAN A KODET
1741 VALLEY RIDGE TRL S
CHANHASSEN MN 55317
P SCOTT & JENNIFER G PHARIS
1815 VALLEY RIDGE TRL S
CHANHASSEN MN 55317
PATRICK WALSH &
MEREDITH E SANDSTROM
8731 AUDUBON RD
CHANHASSEN MN 55317
JACK R BECKER &
DEBRA J TRONES
1751 VALLEY RIDGE TRL S
CHANHASSEN MN 55317
TIMOTHY C BOYCE &
TANA I ERICKSON
8941 AUDUBON RD
CHANHASSEN MN 55317
DANIEL K & ROBIN L EDMUNDS
1861 SUNRIDGE CT
CHANHASSEN MN 55317
BRUCE H & CLARICE G FEIK
1773 VALLEY RIDGE TRL S
CHANHASSEN MN 55317
STEPJEN J & MARY P MONSON
8850 AUDUBON RD
CHANHASSEN MN 55317
JOHN T & JANET K ST ANDREW
1811 VALLEY RIDGE TRL S
CHANHASSEN MN 55317
RICH SLAGLE
7411 FAWN HILL ROAD
CHANHASSEN MN 55317
LARRY B BENNETT
8950 AUDUBON RD
CHANHASSEN MN 55317
DENNIS & RUTH CHADDERDON
8900 AUDUBON RD
CHANHASSEN MN 55317
RONALD W & CAROL M ENTINGER
8851 AUDUBON RD
CHANHASSEN MN 55317
DEBORAH A HUM &
THOMAS 0 MAU
1761 VALLEY RIDGE TRL S
CHANHASSEN MN 55317
JEFFREY W & GAIL H MOODY
1800 SUNRIDGE CT
CHANHASSEN MN 55317
SALLY E STUCKEY
1785 VALLEY RIDGE TRL S
CHANHASSEN MN 55317