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Application 2-11-05 ¡:EB 7 [ 200r.~ -. .~ . ,) desitt n& gcompany CITY OF_ C~ÅNHASSEN Rf::Cf::IVED February 11, 2005 CHANi-:ASSEN PL,~NNING DEPT RE: 9015 Lake Riley Blvd Chanhassen MN 55317 PID: 25.0240300 Laura Cooper and Tim Walker are requesting a variance for the lakeside setback and lot coverage for the above named property. The lot in question is a legal lot of record that is 2,054 square feet smaller than the current lot size requirement for this zoning district in the City of Chanhassen. The existing home on the property is 35 - 36 feet from the lakeshore at elevation 864.7 and lot coverage is 28.7%. The homes to the north and south of the lot are 50' and 33' from the lake, respectively. The literal enforcement of the zoning requirements provide a building pad of only 23' in depth, street setback to lake setback; a size that is not only unreasonable for a home today, but fundamentally out of character with the neighborhood. In addition, the buildable area results in a trapezoidal shape exacerbating the difficulty of rectangular geometry for reasonable cost effective construction. The owners are requesting the variances to make reasonable use of the property, with a home that is an improvement for the neighborhood, the city, and the health and wellbeing of the homeowners. The owners are requesting that the legal non-conforming lakeside setback of 36' at its closest point be maintained for the new home. The home would not obstruct any views for the neighbors as it would not be any closer than the existing home, and would present an aesthetically pleasing and up dated face to the lake. The lakeside variance request is less than that granted to the lot to the south, and places the new home three feet further from the lake than the cantilevered portion the home to the south. The second request is for a variance to the lot coverage requirement. The owners are requesting a variance from 25% to 33.9%. This lot is significantly smaller than 77% of all the lots on Lake Riley Blvd; it is only one of six, out of twenty seven, that are 650 or more square feet less than the required 15,000 square feet. All of the other lots this size or smaller are either around the point or at the end of the point, making the Cooper lot the only lot this significantly smaller within the first sixteen lots on this street. The owners respectfully request the opportunity to put their site to reasonable use and build a home comparable to, or smaller than, the property not only within 500 feet, but in a much greater area as well. The 33.9% lot coverage variance would allow the owners to put a bituminous drive in place to the upper garage. (The site plan attached shows an optional lower driveway, and the Total Hardcover number reflects the areas for both drives.) Should the city of Chanhassen be willing to consider the use of percolating pavers, the owners would like to exclude the bituminous drive altogether, and use porous, percolating pavers for both the 464 Second Street Suite 100 Excelsior, MN 55331 Phone: 952.470.9750 Fax:: 952.470.8407 9015 Lake Riley Blvd Chanhassen MN 55317 PID: 25.0240300 Page 2 of 2 upper and the lower drive. Percolating pavers are an environmentally sound solution to the problem of run-off from solid surfaces. Not only do the pavers provide for absorption of water, but they provide filtering and water temperature control thus improving the groundwater at the same time as they reduce run-off. If percolating pavers are used, with a one inch per hour percolation rate, the lot coverage would be equal to 24.7%. 261 School Avenue Suite 310 Excelsior, MN 55331 Phone: 952.470.9750 Fax: 952.470.8407 Ui/UflUQ iQ:1Z ~AÅ ~QZZZflllU ~lII U~ ~tlANtlð~~~N ~vvo (5i~ - IÒ CITY OF CHANHASSEN 7700 MAR KET BOULEVARD CHANHASSEN,MN 55317 (952) 227-1100 CITY OF CHANHASSEN RECEIVED PEa 11 2005 APPL1CANT:~l1.r(""a...tf b~~U" I Co . ADDRESS: ~ lJ t./ s,.IonJ $T. 5k.. 100 E)(~J.5lðÝ MN5S33/ TELEPHONE (Day Time) CJ 5' 2· L/70 .1' 7 So CHANHASSEN PLANNING DEPT L 4..U.....tL H. ~op« ADDRESS: '1015 ~kL R.I/û( 61v; C/hWltS~ MN 553/7 TELEPHONE: q 52· 931· tø38'8" OWNER: DEVELOPMENT REVIEW APPLICATION Comprehensive Plan Amendment Temporary Sales Permit ... . Conditional Use Permit Vacation of Right-of-Way/Easement$ Interim Use Permit X 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/SPRNACNARNVAP/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 providemailinglabels.ch·eck this box D Building material samples must be submitted with site plan reviews. "'Twenty-six (26) full-size folded copies of the plans must be submiUed, including an 8W' 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. UIIJ~!Y~ 1,;., rAA ~D¿¿¿(lllV '-".11.1. VI' VJ...Lfil"J..1n.IJIJJ...)!, PROJECT NAME: LOCA TrON: q{) 15 6tL- 1 Ju.. . R\k~1 ~v~ J{ Q4ft1~. A 0~U1h(tSS-U) MN . L~GAL DESCRIPTION: WETLANDS PRESENT: PRESENT ZONING: ) 2/ CJLJII s· f YES . TOTAL ACREAGE: NO R.sF REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: f> I~~ . St::~ a..ittJ c.Áuj. - ß 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 confér with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shan be made within 15 business days of application submittal. A written notice of application deficiencies shaH be mailed to the applicant within 15 business days of appJication. This is to certify that' am making application for the described action by the City and that 1 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. 1 have attached a copy of proof of ownership (either copy of Owners 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 mysell 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 ~ith the studý. The documents and information I have submitted are true and correct to the best of my knowledge. ignature of Applicant l/WAIL ~h /J:r Signature of Fee Owner 7 .,; '/I, f:)S Date 2 . II· oS- Date Application Received on Fee Paid Receipt No. 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 maned to the .applicant's address. G:\plan\fomlS\DeveJoprnent Review Application.DOC .. LEGAL DESCRlPTION That part of Government Lot 3, Section 24, Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the northwest corner of said Government Lot 3; thence on an assumed bearing of South 0 degrees 25 minutes 00 seconds East, along the west line of said lot; a distance of 1293.86 feet; thence North 89 degrees ?2 minutes 14 seconds East a distance of 16.00 feet; thence South 0 degrees 00 minutes 58 seconds east a distance of 249.38 feet; thence North 89 degrees 58 minutes 00 seconds East a distance of 49.60 feet; thence North 0 degrees 03 minutes 00 seconds East a distance of 247.87 feet; thence North 89 degrees 34 minutes 42 seconds East a distance of 714.51 feet; thence North 20 degrees 20 minutes 00 seconds East a distance of 304.42 feet; thence North 14 degrees 46 minutes 05 seconds East a distance of 470.07 feet; thence North 13 degrees 17 minutes 09 seconds East -a distance of 11.86 f~et; thence North 44 degrees 24 minutes 55 seconds East a distancè of 64.01 feet to the intersection with a line.. bearing North 13 degree.s 17 minutes 09~ seccindsEasf trom the northwest corner of Lot 2, "SHORE ACRES", according to the recorded plat thereof; thence North 13 degrees 17 minutes 09 seconds East a distance of 156.08 feet; thence North 7 degrees 45 minutes 54 seconds East a distance of 113.9S feet to the point of beginning of the land to be described; thence ¡North 7 degrees 45 minutes 54 seconds East a distance of 13.32 feet; thence on a bearing of West a distance of 9.47 feet; thence N.orth 16 degrees 40 minutes 00 seconds East a distance of 60.65 fe~t; thEmce North 7 degrees 45 minutes 54 seconds East, a(ong a line passing through a point on the" north line of said Government Lot 3 distant 1145.24 féet east fromìhe northwest corner of said Government Lot 3, a distance of 22.58 feet; thence· on a bearing of East about 158 feet to the shoreline of Lake Riley; thence southerly along sajd shoreline to its intersection with a line bearing South 88 degr.ees 10 minutes 02 seconds East from the pqint of beginning; thence "North 88 d~grees 10 minutes 02 seconds Wëst about 145 feet to the point of beginning. .' , The boundaries of the. premises.are marked by judicial landmarks set pursuant to Torrens Case NO.T-684 as shown on the plat of survey on file in the office of the Cjerk of Court.