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3. Sharratt Design Variance ,À w PC DATE: March 15,2005 ~ ....JIIt < ~ < ~ ~ ~ ~ 00. CC DATE: April 11, 2005 CITY OF CHANHASSEN REVIEW DEADLINE: 4/12/05 CASE #: 05-10 BY: JM,LH,MS,JS ......... ~ " STAFF REPORT PROPOSAL: Request for a 7.68 percent hard surface coverage variance (32.7% coverage) and a 41.3 foot shoreland setback variance (33.7 foot setback) for the demolition and rebuilding of a single-family home on a riparian lot zoned Single Family Residential (RSF). (All proposed setbacks are measured from the eaves of the structure) LOCATION: 9015 Lake Riley Boulevard ,1'/ P Chanhassen, MN 55317 Ó y~'"'";'" APPLICANT: Sharratt Design 464 Second Street Excelsior, MN 55331 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential- Low Density (Net Density Range 1.2 - 4u/Acre) ACREAGE: 0.29 acre DENSITY: NA SUMMARY OF REQUEST: The applicant is proposing to demolish an existing legal non-conforming single-family home built on a legal non-conforming lot of record and build a new single-family home. The proposed single-family home will require hard surface coverage and shoreland setback variances because the existing non conformities would be intensified. Staff is recommending denial of this request. 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 Sharratt Variance Request 9015 Lake Riley Blvd. Planning Case No. 05-1 0 " " :; o Subject Property Lake Riley SCANNED Sharratt Design Variance Planning Case #05-10 March 15, 2005 Page 2 SUMMARY OF PROPOSAL The subject property is located south of Lyman Boulevard on Lake Riley Boulevard and is zoned Single Family Residential (RSF). The applicant is requesting a 7.68 percent hard surface coverage variance from the 25% maximum hard surface coverage permitted in the RSF district. The applicant is also requesting a 41.3 foot shoreland setback variance from the required 75 foot minimum shoreland setback. Shoreland The shoreland setback is measured from the Ordinary High Water (OHW) level of Lake Riley which is 865.3. The applicant is proposing to demolish an existing legal non-conforming single family home on a riparian lot. The existing home, which was built in 1978, has a non-conforming shoreland setback of 36 feet from the OHW. The applicant is planning to intensify the existing non-conformity by reducing the shoreland setback from 36 feet to 33.7 feet from the OHW. The proposed structure will greatly increase the hard surface square footage encroaching on the shoreland setback compared to that of the existing structure. i·;~':II.'J . -' it· . " , '. :,_".';; -..I.' I .... ~:~' I ,'~ ,,~.Å'."'. . t,', ,,~ \~, .." I ., I' . 10 ,.., .. '. ':. . '., \4'!. 11i':'. .... ',' ,. "JJi'!:" ,',., , '''Vi ,'", - , .j"t...i=.·:....;.'·' '" ;l;; , ,i' ... i'" ". ,iIJIIZ \W1Î. . I I ',. .' , \, ' '. .j.... .~¡: ~ '" ..,,!," Hard Surface Coverage The subject property has an existing legal non-conforming hard surface coverage of 26.4%. The existing hard surface calculations on the survey stamped "Received February 25,2005" do not include a concrete slab between the bituminous driveway and garage, and five rock landscaping areas. The applicant is proposing to remove all existing hard surface and rebuild with a hard surface coverage of 32.68%. Two adjustments need to be made in the hard surface calculations on the survey stamped "Received February 25, 2005". First, the proposed retaining wall in the front yard is not included on the survey calculations, but should be. This proposed retaining wall measures 1 foot in width and 67 feet in length; therefore, we will add 67 square feet to the proposed hard surface calculations. Second, the proposed deck square footage was included in the survey calculations. Chanhassen City Code does not consider wooden decks hard smface as long as there is no hard surface beneath the decks. Because of this the applicant has agreed to either sod or place landscaping mulch or rock with a fabric liner beneath the Sharratt Design Variance Planning Case #05-10 March 15, 2005 Page 3 deck. Therefore, the square footage of the decks, 272 square feet, will be subtracted from the survey calculations. Proposed hard surface coverage for the subject site will calculated as follows: Proposed House: Proposed Driveway: Proposed Stoop: Proposed Patio: Proposed Retaining Wall: Total Hard Cover: 2,838 sq. ft. 1,194 sq. ft. 24 sq. ft. 105 sq. ft. 67 sq. ft. 4,228 sq. ft. Lot Area: 12,936 sq. ft. % Hard Surface Coverage: 32.68% These hard surface calculations were discussed and agreed upon by both City staff and the applicant. APPLICABLE REGUA TIONS Sec. 20-72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. (b) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased, If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (e) Maintenance and repair of nonconforming structures is permitted. Removal or destruction of a nonconforming structure to the extent of more than 50 percent of its estimated value, excluding land value and as determined by the city, shall terminate the right to continue the nonconforming structure. Sec. 20-73, Nonconforming lots of record. (c) Except as otherwise specifically provided for detached single-family dwellings, there shall be no expansion, intensification, replacement, or structural changes of a structure on a nonconforming lot. Sec. 20-481. Placement, design, and height of structure. (a) Placement of structures on lots, When more than one (1) setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: Classes of Public Waters Structures Sewered Lakes Recreational development 7S Sec. 20-615. Lot requirements and setbacks. (RSF) (5) The maximum lot coverage for all structures and paved surfaces is 25 percent. Sharratt Design Variance Planning Case #05-10 March 15,2005 Page 4 Sec. 20-1122, Access and driveways. (h) One driveway access is allowed from a single residential lot to the street. BACKGROUND The subject property is located just south of Lyman Boulevard on Lake Riley Boulevard in the Shoreland Management District on the northwestern shore of Lake Riley. The site is zoned Single Family Residential (RSF). Lake Riley is a Recreational Development Lake. The minimum lot area for a sewered riparian lot on a recreational development lake is 20,000 square feet. The subject property is a nonconforming lot of record with a lot area of 12,936 square feet. However, the lot does meet the minimum depth and width requirements with an average depth of 127.51, 96.35 feet of street frontage, and 10 1.18 feet of lake frontage. ,,. > f-t';¡ .f;j}....f. c:'>!j ~ ..'FI.-·... --, .. "" , :'~, ...."'~,~ti' '1/ 'j ~ , ~~ The topography of the site is relatively flat and slopes very gradually from a high elevation of 873.7 at the southwestern front property comer to a low elevation of 865.3 at the OHW level. ~ ~ =- ~ ~ -.'~ ..,,', ,I, ',lilt . .. --. ~., ~... *Note: Person in picture is standing at the lakeshore. . '''::;'," '··..··I.;...~II";,,,:..; .~"""..' i=... ',;.'. .·":.:.I'...,,:.~...;._·.,...&i:)., ~""''''_'_'." ,.<1.".'" ... ·...~....,~'~~""jII&:.rw.~ . Staff reviewed city records to determine if shoreland setback and hard surface coverage variances had been granted within 500 feet of the subject property. This review turned up the following cases. *Note: Picture illustrates the distance from the existing deck to the lakeshore. Sharratt Design Variance Planning Case #05-10 March 15, 2005 Page 5 Address Variance Variance Shoreland File Number Setback 9021 Lake 92-9 36 foot shoreland setback variance for 39 feet Riley Blvd the construction of a deck 9051 Lake 90-7 10.35 foot shoreland setback variance 64.65 feet Riley Blvd for the construction of a new home LYMAN BL VD Lake Riley / I '/ . I ~"", . / /. : '''J' / f- ..._....._.~ . / /' ;',:s:' I I J I . / I I ; 9071 ANALYSIS The site is zoned Residential Single Family (RSF). A single-family home with a two-car garage can be legally constructed on the site. The standards for a single-family residential district requires a minimum 960 square-foot living area for a one-story rambler design; minimum 1,050 square-foot living area for a split-level design; and minimum 600 square-foot first floor living area for a two-story design. The regulation also states "a two-car garage must be provided with the single-family structure." As the graphic below demonstrates, the house design chosen by the applicant substantially underutilizes the lot's buildable area, placing a majority of the living space outside of the buildable area. Sharratt Design Variance Planning Case #05-10 March 15, 2005 Page 6 ~ ~ ~~ .. I ~ I ~ .~:;:¡ '-~ f.? . .;;: fv 0) 0.; ..... I .~ ~ I N 89"25'52" E -128.92 , r I : ~: 1\.: ~- . . I. I: "'-" 4.,.. ....::::-:.. '. '. -. ". "> !<r .~~ ~" i'I'~ $" :¡~ ~ r§ ~ !!'t1 I) ~ iJi;jJ ~ ~ ~ ~ Î) If 1/ ~ D- '. BUTI.DABLE AREA -126. IO- N 88"J7'56" W --~ Given a 30-foot front yard setback, lO-foot side yard setbacks, and a 75-foot shoreland setback, there is a buildable area of approximately 2,045 square feet on the subject lot. A single-family structure including a two-car garage would be developable on the lot within the required setbacks. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. A reasonable use of this property, a single-family home with a two-car garage, already exists. Given this information it would be possible to build a new home without the need for a shoreland setback or hard surface coverage variance. FUl1hermore, due to the restrictions of ordinance 20-72 (e), if the applicant were to demolish the existing home to the extent of more than 50 percent of its estimated value they shall forfeit the right to continue the existing legal non-conformities. Therefore, if the existing home is demolished the applicant is permitted a maximum hard surface coverage of 25%, or 3,234 square feet, and must meet the shoreland setback. However, staff would support a variance to allow the applicant to maintain the legal non-conforming shoreland setback while demolishing the existing home for the construction of a new home with a different design. Staff would not support the intensification of the existing non- confOlming hard surface coverage, Adjustments to the proposed house design should encourage a greatly reduced proposed hard surface coverage. The design of the home proposes five garage stalls. Particularly, the placement/orientation of the garage stalls greatly increases the proposed driveway areas. While the plans only propose one driveway, the elevation drawings of the house show a second, lower- level garage along the northwest comer of the house. The applicant should be aware that, per City code, only one (1) driveway access per lot is allowed onto public streets. In addition, the proposed driveway must be hard surfaced and comply with City Code 20-1122. Sharratt Design Variance Planning Case #05-10 March 15, 2005 Page 7 Lakes The proposed project is within 1,000 feet of the ordinary high water level (OHW) of Lake Riley and is therefore within the lake's shoreland district. Lake Riley is classified as a recreational development lake by the Minnesota Department of Natural Resources (DNR). The minimum lot size is 20,000 square feet and the minimum lot width is 90 feet. The structure setback requirement is 75 feet from the Ordinary High Water (OHW) level (865.3 MSL). The existing house and deck are set back 36 feet from the OHW; the proposed setback is 33.7 feet. Staff does not support the intensification of the existing legal non-conforming shoreland setback. Intensive vegetation clearing is not allowed within the shore impact zone (the land between the OHW and a line parallel to it at a setback of 50 percent of the structure setback (37.5 feet in this case)). The current plan proposes grading the width of the property within 20 feet of the OHW. Grading should be revised to avoid intensive vegetation clearing within the shore impact zone. The applicant must determine whether permits will be required from the Riley-Purgatory-Bluff Creek Watershed District and Minnesota Department of Natural Resources for the project, including the shoreline riprap. All necessary permits should be obtained and all conditions of approval should be met. GRADING, DRAINAGE AND EROSION CONTROL Impervious Surface Coverage The amount of impervious surface on any site profoundly affects the physical and biological charactelistics of the site and areas downstream. This is one reason the City regulates impervious smface coverage. Generally, increasing the amount of impervious surface: a. Increases the temperature of water flowing into downstream water resources; b, Prevents surface water from infiltrating into the ground; c. Increases the velocity of runoff water; d. Increases the likelihood of flooding; e. Increases the area upon which pollutants can settle; and f. Increases the potential for erosion, especially in sensitive shoreline areas. Chanhassen City Code Section 20-485 states that "Impervious surface coverage of lots shall not exceed 25% of the lot area." The current impervious surface coverage of this lot is 26.4%; the proposed impervious surface coverage is 32.68% including retaining walls. Staff does not support the intensification of the existing legal non-conforming hard surface coverage. Erosion Control Type III silt fence on the lake side must be provided during demolition and during construction. Type I silt fence shall be installed along the side property lines. Silt fence shall be removed when the construction is complete and the site has been revegetated. Sharratt Design Variance Planning Case #05-10 March 15, 2005 Page 8 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 can remain unvegetated when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10: 1 21 Days COMPLIANCE TABLE Lot Area Hard Surface Shoreland Front Yard Side Yard Coverage Setback Setback Setbacks Ordinance 20,000 25% 75 feet 30 feet 10 feet Existing 12,936 26.4% 36 feet 36.5 feet 23,5 & 16 feet Proposed 12,936 32.68% 33.7 feet 30 feet 10,1 & 10.1 feet FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography, Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet this criteria. Finding: The literal enforcement of this chapter does not cause an undue hardship. By having a single-family home and a two-car garage the property owner has a reasonable use of the property. Additionally, the site could be redeveloped and comply with zoning requirements. 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 that lie within both the Single Family Residential and Shoreland Management Districts. 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 proposed development will increase the value of the property. d. The alleged difficulty or hardship is not a self-created hardship. Sharratt Design Variance Planning Case #05-10 March 15, 2005 Page 9 Finding: The proposed redevelopment of the site substantially underutilizes its buildable area. A redevelopment of the site could comply with the zoning ordinance; therefore, this is a self-created hardship. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. The proposed house intensifies both the shoreland setback and hard surface coverage non-conformities, thus having a greater impact on Lake Riley and surrounding properties. 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 the public streets. However, the proposed home will increase the amount and rate of water runoff into Lake Riley. This will negatively impact the lakes water quality. RECOMMENDA TION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies Variance #05-10 for a 7.68 percent hard surface coverage variance (32.7% coverage) and a 41.3 foot shoreland setback variance (33.7 foot setback) for the demolition and rebuilding of a single family home on a riparian lot zoned Single Family Residential (RSF) based upon the findings in the staff report and the following: 1. The applicant has not demonstrated a hardship. 2. The property owner 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 #05-10 for a 7.68 percent hard surface coverage valiance (32.7% coverage) and a 41.3 foot shoreland setback variance (33.7 foot setback) for the demolition and rebuilding of a single family home on a riparian lot zoned Single Family Residential (RSF) with the following conditions: 1. Drainage swales are required to be graded in along each side of the house. 2. Maximum side slopes greater than 3: 1 are not allowed. There is a slope along the south side of the proposed home that is greater than 3: 1. Revise this slope to comply. Sharratt Design Variance Planning Case #05-10 March 15, 2005 Page 10 3. The applicant must be aware that any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the city building department must be obtained. In addition, encroachment agreements will be required for any retaining wall within a public easement. 4. Show the top and bottom wall elevations on the survey. 5. The applicant's contractor will need to verify the existing sewer and water locations and submit revised service tie cards upon connection. 6. Grading shall be revised to avoid intensive vegetation clearing within the shore impact zone. 7. The applicant shall determine whether permits will be required from the Riley-Purgatory-Bluff Creek Watershed District and Minnesota Department of Natural Resources for the project, including the shoreline riprap. All necessary permits shall be obtained and all conditions of approval should be met. 8. Type III silt fence shall be provided during demolition and during construction on the lake side. Type I silt fence shall be installed along the side property lines. Silt fence shall be removed when the construction is complete and the site has been revegetated. 9. 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 can remain unvegetated when area is not actively being worked) Steeper than 3: 1 7 Days 10:1 to 3:1 14 Days Flatter than 10: 1 21 Days 10. Tree protection fencing shall be installed around all trees to be preserved on site prior to any construction activity. 11. A minimum of one tree shall be planted in the front yard setback area. 12. The areas beneath decks must either be sodded or landscaped with mulch or rock with a fabric liner. A TT ACHMENTS 1. Findings of Fact. 2. Development Review Application. 3, Letter from Sharratt Design dated February 11, 2005 - Revised February 25, 2005. 4. Building Plans. 5. Public Hearing Notice and Affidavit of Mailing List. 6. Lot Survey stamped "Received February 25, 2005. g:\plan\2005 planning cases\05-1 0 sharratt variance\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Sharratt Design for variances from hard surface coverage and shoreland setback restrictions for a new house - Planning Case No. 05-10. On March 15,2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Sharratt Design for a 7.68 percent hard surface coverage variance (32.7% coverage) and a 41.3 foot shoreland setback variance (33.7 foot setback) for the demolition and rebuilding of a single-family home on a riparian lot zoned Single Family Residential (RSF). The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential - Low Density (Net Density Range 1.2 - 4u/Acre). 3. The legal description of the property is: That part of Government Lot 3, Section 24, Township 116, Range 023. 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. Literal enforcement of this chapter would not cause undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential and Shoreland Management districts. c. The construction of a new home will increase the value of the property. d. The alleged difficulty or hardship is a self-created hardship. e. The granting of the variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. f. The proposed variation may 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. 5. The planning report #05-10 Variance dated March 15,2005, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission denies the variances from hard surface coverage and shoreland setback restrictions for a new house. ADOPTED by the Chanhassen Planning Commission on this 15th day of March, 2005. CHANHASSEN PLANNING COMMISSION BY: Planning Commission Chairperson g:\plan\2005 planning cases\05-1 0 sharratt variance\findings of fact.doc - - - - - ~_..._.. ..............._-~. "C:J ........v 6'5 - 10 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN,-MN 55317 (952) 227-1100 CITY OF CHANHASSEN RECEIVED FEB 11 2005 DEVELOPMENT REVIEW APPLICATION CHANHASSEN PL~NN/NG DEPT APPLlCANT:~tLry"ð..+I- Ðt:5(I'" I CO. OWNER: L c1-UV'ð... ~. ~op« ADDRESS: -=111 c./ 'SJ;Ot1d S;:¡-, 5k. 100 ADDRESS: '1015 J...,Ju.. f?. Icy 51.v~ E )(~J.5{dÝ MtJ '5533/ C)\ð.útllhð ~~ MN 553/7 TELEPHONE (DayTime) ~.5Z' 470,1150 TELEPHONE: t:t5Z· 934, Cø3B'8" Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements 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/SPRNACNAAlWAP/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 mairing labels, 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 submitted, including an B%" X 11" reduced copy for each plan sheet. "Escrow will be required for other ëÐpplications through the development contract. NOTE: When mulliple applications are processed, the appropriate fee shaJl be charged for each application. SCANNED PROjECT NAME: LOCATION: qI2IS)~ . R,);y .ßJvJ L~GAL DESCRIPTION: 6u.... Q4f 11 ~J , "- A Ok.n h4.<.s.U) MN . . TOTAL ACREAGE: ) 2, tj'Lj~ s.f WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: YES NO R.<sF REQUESTED LAND USE DESIGNATION: REASON FOR REOUEST: PJ{A~ . Sr:~ tdtt1 ~. - 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 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 air City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application, I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person . to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees. feasibility studies. etc. with an estimate prior to any authorization to proceed ~ith the studý. The documents and information I have submitted are true and correct to the best of my knowledge. ignature of Applicant 1 ~4- ~IA Ùt Signature of Fee Owner 7 ",2. /I. oS Date 2 . I J . 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 mailed to the .applicant's address. G:\plan\forms\Developinent Review Application.DOC February 11, 2005 Revised: February 25,2005 dešÏtt n& gcompany RECEIVED FEB 2 5 2005 CITY OF CHANHASSEN 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 a lakeside setback of 37.3' to the closest comer of the house and 33,7 to the closest point of the deck, 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 34,2%. 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 34.2% lot coverage variance would allow the owners to put a bituminous drive in place to the garage. The owners are also willing to consider utilizing percolating pavers in place of bituminous to further reduce the impact of water run-off. Percolating pavers are an environmentally sound solution to the problem of run-off from solid surfaces, Not 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 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%. We thank you for your time in consideration of .this request on behalf of the Cooper- Walkers, . 261 School Avenue Suite 310 Excelsior, MN 55331 Phone: 952.470.9750 Fax: 952.470.8407 ... ~ - -I Ii li -- ... 0. <)[1 --8üi yog . ¡; -7" ., ~ I t:...-.L.... . :. ".. .. I :~."_. ' , . ,.. ~ -~. ~.~ ~~ I ...: ! -""''''''"'- . r w-..r t=:iL--- JJ .~- ~ ~,. ".. CITY OF CHANHASSEN RECEIVED FEB 1 1 2005 CHANHASSEN PLANNING DEPT ---¡, I ===b::.::d.===iI ~-I¡¡ .,........... ~~ ! ~ .. I ~ ~ o ! / I I .1 :if J i I i I f ¡ L..._..... 1:2'-8" n'·!! 'I k¡ J U.·". SCANNED WALKER !-tH. 2/II12ØØS COOPER 5DC J:I'.!I': "III'·v CN¡"R-&U.~1-I1()~ --or II··... - :Ti rs---==3----tjl ~Q----------~---~ DEO:ÞðV J ~ ., .. : ~ : . . ~ \ \ \ " '- : - Æi ~<', .:-;~o!' ~t a '~":': ~ ~ M: % n~ J:;!. WALKER ~M. COOPER SDC ------J ; L " , , \ \ \ \ I I I I I I I I I // / I / 8 ! ; ! 1·"IJCTOM,~~T1ftJ1 I I I I I I I I I I I I I I L___________.J IAD"Tt:lllPM!' .~,..~.....,... I I , ! ! i I I I .; ~i i I I I I ,I i I I I ,\",--"~,,,,,,,~,,,,,,~,,,-~,-,- ~ /. I I ! :J'P..;::,..oR.~.e"..~ !... -"'::.l:r..?..d:._.______.. ----·-··>.\"1----·--------·---- ==-- .1 ....l.--C.-.......---- ...--. --.-----._____~. :t!--___ ~ ~ ~~ . . .. .. ...... -... '1---- " ..-~~.!.';~:. -" . _.~. .~'.~_....:~!\.~:-...."-" '" ~ . ,. 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COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on March 3, 2005, 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 variances to lakeshore setback and lot coverage, Sharratt Design - Planning Case No. 05-10 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this:) rd day of march ,2005. J K\M T. MEUW\SSEN \ Notary PUblic-Minn~~o My Commiss\Ol\ expires Jan . Notice of Public Hearing Chanhassen Planning Commission Meeti Notice of Public Hearing Chanhassen Planning Commission Meeting ng , March 15, 2005 at 7:00 m Council Chambers, 7700 Market Blvd, uest for variances to lakeshore setback and lot 05-1 0 Sharrat coveraae Des 9015 Lake Riley Boulevard A location map is on the reverse side of this notice. File , March 15, 2005 at 7:00 m Council Chambers, 7700 Market Blvd. variances to lakeshore setback and lot coveraae Date & Time A Property Location 05-1 0 Sharratt Desi~ 9015 Lake Riley Boulevard A location map is on the reverse side of this notice. File A Property Location The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps Staff will give an overview of the prop The applicant will present plans on th, Comments are received from the pub ic Public hearing is closed and the Commission discusses the project. osed project e project 2, 3. 4. What Happens at the Meeting Staff will give an overview of the proposed project The applicant will present plans on the project. Comments are received from the public. Public hearing is closed and the Commission discusses 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, The staff report for this item w be available online at http://206.10.76.6/weblink the Thursda rior to the Planninç¡ Commission meetin Questions & Comments 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, The staff report for this item wi be available online at http://206,10.76.6/weblink the Thursda rior to the PlanninQ Commission meetin 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 ali pertinent information and a recommendation. These reports are avaiiable by request. At the Planning Commission meeting, staff will give a verbai 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 simpie majority vote of the City Councii except rezonings and land use amendments from residential to commercial/industrial. · Minnesota State Statute 519.99 requires ali 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 Councii 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 somethinq to be included in the report, please contact the Planninq Staff person named on the notification. Lake Riley 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 fhe 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. '- "-'I-' -..." L-----, ------1 . -J - -~~==__~~~ " 0"--- ~~~- / r-~;' '1 ~2¡ ~ p~---1 Subject Property l;:rl~~ .') ! Lake Riley '/n I· r~r¡-~ "0:;, ~; J . .'. I ~~~\ft~4~HJ 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 djrection or precision in the depicljon 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 use~s access or use of data provided. DAVID L ANDERSON & HEATHER M BERGERUD 290 GREENLEAF CT Chanhassen MN 55317 LAURA MARIE COOPER 9015 LAKE RILEY BLVD Chanhassen MN 55317 KLlNGELHUTZ DEVELOPMENT CO 350 HWY 212 E PO BOX 89 CHASKA MN 55318 JOAN M LUDWIG TRUSTEE OF TRUST 9005 LAKE RILEY BLVD Chanhassen MN 55317 STEVEN P & SANDRA L NORDLING 281 GREENLEAF CT Chanhassen MN 55317 JAMES G & KRISTI S ST MARTIN 9082 SUNNYVALE DR CHANHASSEN MN 55317 JOHN G & KAREN L WEDIN 9101 SUNNYVALE DR CHANHASSEN MN 55317 RONALD S & JEANETTE K BACKER 9101 LAKE RILEY BLVD Chanhassen MN 55317 ANTHONY T & SHELLY A DENUCCI 287 GREENLEAF CT Chanhassen MN 55317 TODD A & SHELLEY L LEONE 275 GREENLEAF CT Chanhassen MN 55317 KEVIN P & MOLLY K MCORMICK 9054 SUNNYVALE DR Chanhassen MN 55317 GREGORY R RENBERG 282 GREENLEAF CT Chanhassen MN 55317 JAMES & JUDY STOFFEL 291 GREENLEAF CT Chanhassen MN 55317 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 ALOYSIUS R & MARY A CHENEY 9079 SUNNYVALE DR CHANHASSEN MN 55317 NORMAN C JR & KIMBERLY GRANT 9021 LAKE RILEY BLVD Chanhassen MN 55317 RAYMOND M & JUDITH N LEWIS 9071 LAKE RILEY BLVD Chanhassen MN 55317 PAUL J NESBURG & KATHERINE A SCOTT 9093 SUNNYVALE DR CHANHASSEN MN 55317 DELBERT R & NANCY R SMITH 9051 LAKE RILEY BLVD Chanhassen MN 55317 JAMES & ANDREA SWEENEY 296 GREENLEAF CT Chanhassen MN 55317 Public Hearing Notification Area (500 feet) Sharratt Variance Request 9015 Lake Riley Blvd. Planning Case No. 05-10 . ~JJ ~ 'CD ----w'ifsth St ¡-- ---- -----,---- .i._- ;/ .i---- ------~- ~ dTrl ; ~--, : i~~;~E/ ' ! --+---- ¡ . , , , ~;{i:~F~~~1~~>! -- /' fCr! --__ __ - ---J=__,....------ < Cc =.... . -' _c' ""-" -,' '.c. "'\Y ,^o(J; -' ,,'< .;~ I ~,?~~~: // ~~.~~\f.11 {/£-.~-C..."~ '\// >'Ä* ìj;>.J ~/'I /' '< " \>~O~'", KI V\/~ /Y\J! ~~-:,:-~j ¡ '"\ /'.J>'è. "" v \/\/-\~/:»\:\ ~ 1 'V')/~ ! \ /\¡ ! f~1 .------R-:---':'-J i // \..ø.\(~~~ 8/ "" //, I~'--~~---'--'" ! -=L "-"""- '--..."" .~~~~~~~ ~"" '-.,- '-\. "'-"- ''',- .:~, "....( " Subject Property '-c..':::..~""i:...--"'':..___:: '--';: / ¡ /1 ----'--.--: f-'-....~~_ ----..,---1 Lake Riley "~!-" /':. !........, ,,-: - .~>~ . , -,---,,' --~J§;-~-~,- ,QJ" ,/0'--,- -. <;------=~-- \ ''. ¡ i J-__ , ,'- '- . -- /òQ\~~\ -~--~ , ., " ..__,;-':1---- '. } , " --/ \ \ ~"" , SCALE GRAPHIC DESIGN ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 474 8267 n SHAI:ŒA U5UU64 :24/116/Lj PROPOSED ELEVATIONS: TOP OF FOUNDATION 879.0 GARAGE FLOOR 878.6 LOW FLOOR 870.3 BENCHMARK 869.1 40 20 10 o 20 PROPOSED REr. WALL. 80 TrOM 870.2 E. END. 870.1 WEST END. TOP AS SHOWN (f DESIGN SHARRATT SURVEY FOR: 864,8 "1 ~ .~~ ~q, 0'~ (:i" :§ ~ .~ ~ ~ þJi) cs~ Ó ~7 'íiil7 ~ "1 œ) _iiJ jjiI;] /f(I1 "~I} ~ ~ ~ ~~ ~ I ~ ~ I ~ ~ ,!!? ~ ~ . ~~ ~ PROPOSED x,....869,3 N 89LS'S2" t --128.92-- ) X870. IN FEET ( X869.9 I~ February 24, 2005 LEGAL DESCRIPTION That part of Government Lot 3, Section 24, 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 22 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 of247.87 feet; thence North 89 degrees 34 minutes 42 seconds East a distance of714.51 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 feet; thence North 44 degrees 24 minutes 55 seconds East a distance of 64.01 feet to the intersection with a line bearing North 13 degrees 17 minutes 09 seconds East from 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 113.96 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 North 16 degrees 40 minutes 00 seconds East a distance of 60.65 feet; thence North 7 degrees 45 minutes 54 seconds East, along a line passing through a point on the North line of said Government Lot 3 distant 1145.24 feet East from the 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 said shoreline to its intersection with a line bearing South 88 degrees 10 minutes 02 seconds East from the point of beginning; thence North 88 degrees 10 minutes 02 seconds West about 145 feet to the point of beginning. of the 5th Principle DRAFTED: West 116 North, Range 23 Township February 23. 2005 SURVEYED: The boundaries of the premises are marked by judiciallandmarks set pursuant to Torrens Case No. T-684 as shown on the plat of survey on file in the office of the Clerk of Court. ~ ~ .......) 12..>~- ~ "'-? LIMITATIONS: The scope of our services for this job is as follows: 1. Showing the length and direction of boundary lines of the legal description which you furnished. 2, Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying existing monuments to mark the corners ofthe property. 4. Showing existing spot elevations necessary to show elevation differences on the site. 5. While we show a proposed location for this home, we are not as familiar with your house plans as you and your architect and/or builder are. Check our proposed location and siting ofthe home and yard grades carefully to see that they match your plans before construction begins. Also, we are not as familiar with local codes as the local building official and zoning official in this community are. Be sure to show this survey to these officials, or any other officials that may have jurisdiction over the home and its siting, and obtain their approvals before beginning construction. 6. We have provided a benchmark for your use in determining elevations for construction on this site, use that benchmark and nothing else for that purpose. Check the elevation of at least one other feature shown to verify your elevations. 1,763 Sq. Ft. 160 Sq. Ft. 997 Sq. Ft. 2,920 Sq. Ft. X HARD COVER TABULATION: EXISTING HARDCOVER House Existing Deck Bituminous Driveway TOTAL EXISTING HARDCOVER --126,10- N 88".37'56" '&> ·~74.4 STANDARD SYMBOLS & CONVENTIONS: " · " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. Proposed elevations are shown with a box around them, while existing elevations are shown without a box. Arrows indicate the proposed flow of storm water on the site. PROPOSED HARDCOVER Remove all hardcover -2,920 Sq. Ft. Proposed Patio and Decks 377 Sq. Ft. Proposed House 2,838 Sq. Ft. Proposed Drive 1,194 Sq. Ft. Proposed Stoop 24 Sq. Ft. HARDCOVER AFTER PROPOSAL 4,433 Sq. Ft. 8 87 ¡:-,. /rst t?oor 8/9. / PROPOSED REr. WALL. TOP MATCH 0.3 8ELOW DRIVE GRAD£, 80 TrOM AS SHOWN P~Cr:B\\G@:r~ ¡rtlb ,,,rb8 'Ill ¡(.....",...~ FEe 2 5 2005 I hereby certify that this plan, specification. report or survey was prepared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota, 12,936 Sq, Ft. 34.2% AREA OF LOT TO OHW % HARDCOVER CiTY OF CI-IANHASSEI\1 ..I;' ~ I I I r , I I r , " I - L- - - I 1'-' ~ , " / .. J " ... , ~ J ... I / '" " I ;4 / '" I '" ,. , / , I ,. , j ,. ~ ./ " , i\ / / / / , I ... , .... , ... I ~ ',I , I ~ , I I . 0-<) I I ~~¡ I . --: I \ I ~ \ I \ I - \ I \ I - I, ~ "'$',....¿,,~,. ~, , "hOle (~I.ðc:.a AN> ToP. ~7S.Ç' 3.1W: ,~.. i\ .. II, ~ ) '" ,¡. , , ~, ' f¥ / ':'è /. ,( /. /' ¡ ".. 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