Loading...
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. ~ Z LOCATION: 8850 Audubon Road -< Parcel!, Lot 2, Block 1, Sun Ridge U ~ APPLICANT: Steve & Mary Pat Monson ~ 8850 Audubon Road t Chanhassen, MN 55317 -< 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 -< ~ -< Q ~ ~ ~ 00 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 ')( NO 5'~ f\q\cL ç:~tlut)vytAAL bl\ 0{ \ \ 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. ~. /. ;- / /~¡- / '///~~ ~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. ~~ ~ 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. ~ 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 ~ 6, b.1.^ (.11':.).. Z . èl.).lJ '.). (- èl9; I' 1:'.'.6'" ~ N "/(¡t. CITY \~"- I . Ç~\ "..._\ I ....J. t:J :u If) I, I) iù CD H ,) 1--'. 11) C/) .'J '0 ci, ~ì, 'TJ 0 CO I() "". "-I -þ.. {) OJ .þ. 01 CO (ll N Ü) -f:'.. ~ III ~ ~ . r· I' f -t) CO· SEP 0 3 2004 ENGINEEi'1iNG DEPT. "-..--.. /jUDu BON ----...-. R U /j D ~ "~ ''- -........... '""'- ROq drvqy l.:'q$ I:'.' 171e 1] 1:: Prop.Ga Prop.60 Ret.Wal Lower W .1.30 Higher - "' ~ "~O~... '" - - --. .._~-._._.~~^----_.- ---- Tbis plan, specifica.tion or report was prepared by me or under my direct super- vision, and that I am a duly Registered Land Surveyor fn the State of Minnesota. Signed this 2n~ day of ptember, 2004. __~~ ..z) Frank'R. Cartlarelle State Reg. License No. 6508 ., . '. 6/ I lJ (It: . .J:' q .1.' J. 1. . 1) q .J. \v 9'f}.¿--. ~ &0t: Nt-Q, ~~ () ~J t-f ~- ~---..." I /".1. tJ Þ '.t) f~ hi J Ju I'D I .:'"h /-J. 0) .1' ~ I l iJ ('L 1-11 \~..~ I , t".... \iv" r,· \ ,,"'- \ H ~ ~ --------- ~ '------- ~ t; ~-' ---.. ..... ~-. ~ ."""'-. ~ . . ... C/) CO "-J ~ {) OJ -Þ>. U1 CD v N U1 .þ.. .()) "\' fìl ~ ~ . $Z,' /' I . .r . ~ 00' ~ l?Oqcj ;;j......¡·,,¡1ihL.Û x ..j .. ~~ .1 'I:' .f'. /. t ,t .. . .~. .- . '.. .. ·~1· c:; /.; G .P· ~ :.¡,. ". . .~,.-:j(. . . ,.., :=/ LYMÍJt. BOUL~D ,...... ~ I cc..···· w 8@~ :rSú~ o=>{~ ~~ð ~~~ 8~~ '" < .-: ')-, Z~ 00 uU :; LV) -' :)2 ~C")Qº ~~l'>1- UJ'7~E2 -Ir--O,:) ::Jf-':=,O ¡f0J~S: -..Jl{)(DW -.JO)X::- <t >-~ Ü ~~ o ð~z ;;200 b~B ~:£ë; oOZ z ¡:::.- «~~ U~Z ;Z~ I;~ ~~; wV}O ::,:~~ 3~:i! ~~ I -ÿ--- -a -6 j '() iQ - ------- -- ------~~---- ~ô (f) ~~ (9 ð frii\ ~ ¡:: ZO-:!:-. ~ ~~~ g ~ :j~~~ ~ ~ ,,~5~§ -=< a: Zci<Z<X! ÃL Q ~ §Š~~~~ ª l.\1 'll ~~~~ ~~; '"' / ~;SA £h' <.\lJ -.I;: 4..·~~.'H~'CJfu1 Ii :. I. 'il -\1 i .,~. I I ---¡- , ~ I ()I -:1 i 1'-1 i I -~~-'"-~. ~- -...\-. I } ~~~ ~ Lt.! LU :>-,C>.!:: we'" >z'" 0::<0 ~0zfß Z}i!2~ ~~~.~ _0 w ",I ';'z ::;:1 ,)20 '~~ ð ð :(u o v1 w -'0 :i:5 :r:~fu;i ~œ~~ :5QI~ 1 I I. iii I . , -tp,:;:'5-- - ' t- ~t+_n 1 ' I I "^~ ! ~~ ~!\:i¡ "i¡:;. 1\'^D -'1 ¡;¡ f\¡(It- ~:;~ ~ ~1-,----:77.,,"I'cn' \-' 3 4 "" ::r t::.L ,I 'i~ ¡; lJ; -' I ~I . . ß ~ ~ I , "I ~i ..,. ;¡: ~ i lID j ~ j:j \j\. r ~~ J ~ <(I) ::1> Q ~o W~¡¡: > ;;:i 00';2 ~or. :;:¡.~ &: ~ ~~ -t;1. 1 « 0- "1 '" ~~ ~ ~ ~~ f ::i ~ ~'/' -):~ ;p¡7 ''"', z ~ ~~=S:SD::'H.- , '.':.~ =g-~-,,,,,,,, ;}M i~ ,it !:: ~ ~ ~ [ PI p-,9 J.f- i -_n_nu_-~p~~~*-~~t!- . ;::;l.¡JoA D.-cD() i ß ~ g~r4+1 __;~~ ~J =[c-:~p~ ,-_c__.mr: I o ~ ., ~o ~ ~ : 00 OC.rt- ' "'W ~w..... I 00:: a.. ' ~lli en j ~it.;" ~ ~~ '^ zo· . ¢ :::>W'~ 0 ~~ ¡cw- .J c à '" ~~I~ g !n{ ~. -::r w i2õ '-~ ~M. ...._~.....! ~i , ~ ~g N.~ V' 4' H,,~ :')''-, i,l < 'I' -- --~ ¡ I I ì- -- 1\ ~ L, I o~. .Q' "". ~.. Vi µ ~ I i~~ Ì (j~ ~8 ;-; hJ !\J J -1 '1'1 ~t ,c>,£ .P 1"'1 ~- "v-;~-Ï ~..: 2~~ 'I i ,) -- - - ---=----~7' / n \ t~ ), I } ~.~. ~.. ~ %~'6: I'!~I d~ ~;2 ~~~ ~~i W ~t4 ,\.t~.~1 ~ _ ~ <~_~ . "G~ / . ~~~~~ :jlr~/ ~// I ~~Ir~~ I / /' ~ i ¡J~\llM '/~~t--·?~2 ~ "i fì \~/ ... . I Ii :0 ~ ;1/ / I. ~ ~ I I·L "" "- ~. ' . Ir I. . ~t~:.:.=-:.:...:- ~I :I~:I ~~~ i-.: ·¡'IW+-- ' / W ~O -i -x: / ~ ~! ~ ~~ T ij , _._-_.~-----_._. .;3k:J~7 "-'-d~ ¡uulB "5 ~~' ~ ~ ! 9 ~ ~!! ~ ~ ! i '" " ,'\ t, I.., " ~ ß I U 2 ~ ~ ~ ~ ~ .. ,2 \3 0 ,1 I,", - t-- " \J \ C' _ \!\ ~ ~~o ~ ~I!\~ ~ i~~ «' ~ ~.§ ~t--t\!(j\ 2 3ij~ O\J"- ~ Qj 0 ~ ~ ~ .{- 2 ~ 2 ~ - (j\ ~~ ~ ~ ~~~~~~i;!iJ ij,l~~~~§~£~ti I!ì It;¡ t~§"{~~ ~ Ö ~ I!¡; ~ß ~I~\';~h¡; 'g1j~ ~ ~1j~!1~ ~b~~n~~~~~ ho~~!';~~~~~ ~~~~~~hl~U ~~~~~§~~"'~~t ~~...,~~!S~~8,,",ö t-C'J :r: z ~ºü ~~ffi D. ~~~ G~¿: <.!> 0 ("0 <:T ø CJc:.!:! zz :ëæ øw cc c.. -/0 u..o:: Co :;;æ::- c:r.ffi ~8 ~ .....1.....1 ;::) _J <0<1:: iU~ Tl å ij yl // ~ m 13 I I Ii ¡ i ·~·¥ðB;;; ~ ~~26~ ß'jt. ~;;;~2!ü lii1 ~.o-0(D l.ï¡ ID- (i1 ~U).J I ~~o~~ J g I ~~~§~ tJ{ o¡¡;:c-=-c &1 Ci.";:: (ti 0...'5 IiJ o.~Q)2S'5 V.û « ~-g Æ.o :~ f- 8z ~6z~w £:g ðó?~~g¡ 5:3 ~~Q)Oir ~t=/~z2.~~ 5 ~ ~ g 5!_~ ~ ~~ g~;5~ö ~t: ~~¿~i? z<:( ;:::;-Q (f I! ~ ~ ~ .:4 I: I i -I i1 I I . i I I~~ ¡UJ :I~· I: . I _':2: 00 g~ ~~ I ~fu I yJ ø S:x: 1 fþ~ I iIt:~ ~ I~ ¡~ ! ~ ~ H I ~ þ.) ~N §OhU rn~~~ lJ~lJj~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ! ~~ ~ & - § U i Z t ~ 1 Z .. \3 0 1 11"\ -\'- \J \ N _ I!\ ~ ~~~ ~ J(lt\r ~ i~~ ~ ~~§ Z ;j~ o\.)"- "'" !D ~ ~ 't" ~ \;- ~ 't" 2 ~ ~ ~ ~~ ~ ~ ~~I~hi¡~ ~~i¡U~I~~h h~ ~Æ~q~~ 1(5 !ih~!~~I~ db~~(5~~~~! ~~(5~!~hUh 1~~~§~~~'%8~§ Existing Graded Garage Pad View of Existing Grading and Garage Pad i~! >~ ' ~..I. ~ ~µ:-}~ 'I' ~ '... it><' ·~~'1';_·; 1 SCANNED .----- Extent of Grading It Gravel pullout leading to Garage Pad ~~4J, ..re· " ;~j~::/.-. ;"... , 2 SCANNED View from Audubon Road View of the Retaining Walls from Toe of Bluff /i....·'·~"' ' ~. ".mt 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