2. McHugh Variance
CC DATE: June 13, 2005
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PC DATE: May 17, 2005
CITY OF CHANHASSEN
REVIEW DEADLINE: 6/14/05
CASE #: 05-17
BY: JM
STAFF REPORT
PROPOSAL: Request for a 5-foot variance from the minimum lO-foot side yard setback to build a
storage shed on property located in the Single Family Residential District at 7450
Chanhassen Road.
(All proposed setbacks are measured from the eaves of the structure)
LOCATION: Lot 5, Block 1, Sunset View
7450 Chanhassen Road
Chanhassen, MN 55317
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APPLICANT: Timothy & Diane McHugh
7450 Chanhassen Road
Chanhassen, MN 55317
PRESENT ZONING: Single Family Residential (RSF)
2020 LAND USE PLAN: Residential- Low Density (Net Density Range 1.2 - 4u/Acre)
ACREAGE: 0.42 acre
DENSITY: N/ A
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SUMMARY OF REQUEST: The applicant is proposing to build a storage shed on the side of their
home. The proposed storage shed will require a 5-foot side yard setback variance from the minimum 10-
foot side yard setback requirement. 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.
McHugh Variance
Planning Case #05-17
May 17, 2005
Page 2
SUMMARY OF PROPOSAL
The subject property is located in the southeastern comer of Lotus Lake on Chanhassen Road and is
zoned Single Family Residential (RSF). The applicant is requesting a 5-foot variance from the required
lO-foot minimum side yard setback for the construction of a storage shed. The current ordinance reads that
eaves may not encroach into the required setback if a variance is granted. Therefore, all setback
distances for variance consideration will be measured from the eaves of the structure while the foundation is
recessed six inches from the eaves.
APPLICABLE REGUA TIONS
Sec. 20-615. Lot requirements and setbacks.
(6) The setbacks are as follows:
a. For front yards, 30 feet.
b. For rear yards, 30 feet.
c. For side yards, 10 feet.
Sec. 20-904. Accessory structures.
(a) A detached accessory structure, except a dock, shall be located in the buildable lot area or required rear yard. No
accessory use or structure in any residential district shall be located in any required front, side or rear setback with the
following exceptions:
(2) On riparian lots, detached garages and storage buildings may be located in the front or rear yard but must
comply with front, side and applicable ordinary high water mark setbacks and may not occupy more than 30
percent of the yard in which it is built.
Sec. 20-908. Yard regulations.
(5) The following shall not be considered to be obstructions (variances eranted from a required setback are not
entitled to the followine additional encroachments):
a. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, ~, or
other architectural features may project a distance not exceeding two feet, six inches;
Sec. 20-91. Zoning compliance review.
(a) Zoning compliance review shall be required for the construction of structures which do not require building permits to
determine compliance with zoning requirements such as setback, site coverage, structure height, etc.:
One-story detached accessory structures, used as tool or storaee sheds, playhouses, and similar uses, less than 120
square feet in buildine area.
(b) Any zoning compliance review application that fails to meet zoning ordinance requirements shall be denied by the
community development director.
BACKGROUND
The subject property is located in the southeastern comer of Lotus Lake on Chanhassen Road (Hwy 10 1)
and is zoned Single Family Residential (RSF). The applicant is requesting a 5-foot variance from the
required lO-foot minimum side yard setback to build a storage shed. The subject property was platted as
part of the Sunset View Subdivision which was recorded on May 11, 1954. The house was built in 1987.
McHugh Variance
Planning Case #05-17
May 17, 2005
Page 3
This property is a non-conforming lot of record in that it is only 55 feet in width at its widest point. Also,
the minimum lot size for a sewered riparian lot on a recreational development lake is 20,000 square feet.
The subject property has an area of only 18,295 square feet. However, the lot does meet the minimum
depth requirement with an average depth of 326.17.
The shed in question came to the attention of the City on August 30, 2004 when the City received an
anonymous letter stating that Mr. McHugh was constructing a "small addition" on the side of his house
and it was thought that a building permit was not applied for. On August 30, 2004, an inspection of the
subject property was made at which time the applicant was informed that a building permit (zoning
compliance review) must be applied for or else the shed must be removed within fourteen (14) days.
On September 7,2005, Mr. McHugh applied for a building permit (zoning compliance review). The
permit was denied because the shed was located within the side yard setback. The applicant was
informed that the shed must either be removed or a variance for encroachment on the side yard setback
must be applied for. In discussing the matter further, the applicant informed staff that he was aware that
storage sheds less than 120 square feet in area did not require a permit, but was unaware that such
structures must maintain a lO-foot side yard setback.
McHugh Variance
Planning Case #05-17
May 17, 2005
Page 4
Staff reviewed city records to determine if setback variances had been granted within 500 feet of the
subject property. This review turned up the following cases.
Address Variance File Number Variance
40 Hill Street 99-20 27-foot front yard setback variance for the
reconstruction and expansion of a garage
20 Hill Street 85-4 24-foot front yard and 9-foot side yard setback
variances for the construction of a one car garage
ANALYSIS
The site is zoned Residential Single Family
(RSF). The applicant has completed a majority
of the construction on the shed in question. The
shed measures 8' x 12' which equals 96 square
feet. Chanhassen City Code does not require
building permits for storage sheds of less than
120 square feet. However, such structures do
require a zoning compliance review. The City
uses zoning compliance reviews to ensure that
structures, which do not require a building
permit, still comply with zoning ordinances.
Checkpoints of a zoning compliance review
include setbacks, hard surface coverage and
structure height.
McHugh Variance
Planning Case #05-17
May 17, 2005
Page 5
The topography of the site is sloped significantly in various locations, thus limiting the options for
placement of a storage shed complying with ordinance requirements. The elevation of the lot changes
from a high elevation of 945.6 at the northeastern front property comer to an elevation of 934.67 at the
front of the garage to an elevation of 896.3 at the lake, which is the Ordinary High Water Elevation
(OHW) of Lotus Lake.
\
*Picture taken from garage facing Chanhassen Road.
Larry Mon, the owner of the neighboring
property to the south (the side of the home
where the shed is placed) has written a letter
expressing his support for the variance request.
Mr. Mon states, "With the design, placement
and tree line that separates the two properties I
am confident it will in no way be detrimental to
my property or hinder any views."
*Picture taken from the vantage point of the house located on
Mr. Mon's property (7470 Chanhassen Road/Hwy 101).
*Picture taken from shoreline of subject property.
Staff acknowledges the applicants' efforts to
design and place the shed in a subtle fashion. The
applicant has built the shed with the same roof
pitch as the principal structure that it sits next to.
The applicant is also proposing to use the same
vertical siding on the exterior of the shed as that
used on the principal structure. The exterior of
the shed will also be painted to match the existing
home.
The pictures below demonstrate that the shed is situated such that it is almost completely unnoticeable
from Chanhassen Road or Lotus Lake.
*Picture taken from near the front property line.
*Picture taken from shoreline of subject property.
The width and topography of the lot greatly limit options for placement of a storage shed. The only
viable alternative, which would comply with ordinances, is to place the shed in the middle of the rear
yard between the home and the lake. The lakeside elevation of the home on the subject property
consists primarily of windows overlooking Lotus Lake. Placing a shed in the rear yard would obstruct
the lake view of the homeowner and potentially that of the neighbors. Furthermore, the shed would
become visible from Lotus Lake. Because of this the applicant chose to place the shed on the south side
of the house.
However, approval of a variance is contingent upon proof that the literal enforcement of the Chanhassen
City Code would cause an undue hardship. Not having a reasonable use of the property would constitute
an undue hardship. 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. Any use of the property beyond that discussed above is strictly ancillary to the principal use.
Based on these facts staff must recommend denial of this request.
McHugh Variance
Planning Case #05-17
May 17, 2005
Page 7
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.
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 the Single Family Residential District.
c. The purpose of the variation is not based upon a desire to increase the value or income potential of
the parcel of land.
Finding: The proposed development may increase the value of the property; however, staff does
not feel that is the sole purpose for the request.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: Construction on the storage shed began before completing a zoning compliance review;
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: Staff does not feel the variance would be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
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 may impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets.
McHugh Variance
Planning Case #05-17
May 17, 2005
Page 8
RECOMMENDA TION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission denies Variance #05-17 for a 5-foot variance from the minimum lO-foot side
yard setback to build a storage shed 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 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 #05-17 for a 5-foot variance from the minimum 10-
foot side yard setback to build a storage shed on a riparian lot zoned Single Family Residential (RSF)
with the following conditions:
1. Construction of the shed shall match the principal structure by using vertical siding on the exterior of
the shed and painting the shed the same color as the principal structure."
ATTACHMENTS
1. Findings of Fact.
2. Development Review Application.
3. Letter from Timothy & Diane McHugh dated April 15, 2005.
4. Letter from Larry Mon dated April 13, 2005.
5. Building Plans.
6. Public Hearing Notice and Affidavit of Mailing List.
7. Lot Survey.
g:\plan\2005 planning cases\05-17 mchugh variance\staff report. doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Timothy & Diane McHugh for a 5-foot variance from the minimum 10-
foot side yard setback to build a storage shed - Planning Case No. 05-17.
On May 17,2005, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the Application of Timothy & Diane McHugh for a 5-foot variance from the
minimum 10-foot side yard setback to build a storage shed 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: Lot 5, Block 1, Sunset View
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 storage shed will not significantly 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 #05-17 Variance dated May 17,2005, prepared by Josh Metzer, et
ai, is incorporated herein.
ACTION
The Chanhassen Planning Commission denies the variance from the side yard setback for
the construction of a storage shed.
ADOPTED by the Chanhassen Planning Commission on this 17th day of May, 2005.
CHANHASSEN PLANNING COMMISSION
BY:
Planning Commission Chairperson
g:\plan\2005 planning cases\05-17 mchugh variance\findings of fact.doc
Planning Case No. 05-' 1--
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
Applicant Name and Address:
Owner Name and Address:
Timothv J. McHuqh
7450 Chanhassen Road
Chanhassen. MN 55317
Timothv J & Diane A McHuqh
7450 Chanhassen Road
Chanhassen. MN55317
Contact: Tim McHuqh
Phone: 952-934-0533 Fax:
Email: timm@mchsLcom
Contact: Tim McHuqh
Phone: 952-934-0533 Fax:
Email: timm@mchsLcom
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
Site Plan Review*
~sc. w for Filing Fee~ney Cost**
50 UP/SPRNACJJ:i.ðf3j)IVAP/Metes & Bounds
- 400 Minor SUB
~Ù·oO
TOTAL FEE $ 200:'00
x
Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to
the public hearing.
* Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for
each plan sheet along with a diaital copy in TIFF-Group 4 (* .tit) format.
** Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application.
SCANNED
PROJECT NAME:
StoraQe Shed
LOCATION:
7450 Chanhassen Road
LEGAL DESCRIPTION: Section 12 Twp 116 RanQe 023
Sunset View
Lot 005 Block 001 R25.8400040
TOTAL ACREAGE:
WETLANDS PRESENT:
YES
x
NO
PRESENT ZONING: RSF
REQUESTED ZONING: N/A
PRESENT LAND USE DESIGNATION: l.tSt\Jm'¡'~k- LOIfJ {)()U1c;:.frr
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:
Due to the 10nQ narrow size of the lot I am applyinQ for a variance for a storaQe shed on
the south side of the property. Enclosed you will find the followinQ documentation:
Evidence of ownership. Plot plan showinQ property lines and location of storaQe shed. Bill of material. Documentation
ShowinQ the base for the shed. drawinQ showinQ the shed's placement to the existinQ structure. and a letter from Larry Mon
owner of the property to the south supportinQ the placement of the storaQe shed.
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 ma!erial and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have ,submitted are true and correct to the best of
my knowledge.
~.&; j M Ci .;~-º
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Signature of Fee Own
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Date
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Date
C:\Documents and Settings\timmchug\My Documents\City of Chanhassen varience Request\Developrnent Review Application.DOC
Rev. 3/05
SCANNED
04/15/2005
City of Chanhassen
Planning Commission
7700 Market Boulevard
Chanhassen, MN 55317
RE: Application for Variance to construct a Storage Shed at:
7450 Chanhassen Road
Chanhassen, MN 55317
952~934~0533
Descriution of variance request.
· Construction of a storage shed that would not conform to the 10' minimum
required side setback. Due to the narrow width of the property 55' I am
requesting a 4' variance to the south side lot line.
Justification for variance.
· We have looked at alternative locations for placement of the shed without
obstructing lake views or impairing property values within the neighborhood
without success. Placement of the shed on the south side of the house is
supported by the property owner on the south side as stated in the attached
letter from Larry Mon. There is a row oflarge 50 ft pine tree's that serve as a
buffer between the two lots.
· We designed the shed to use the same roof pitch and vertical siding of the
existing structure to assure it will blend in with the existing structure and be
architecturally appealing to the neighborhood.
· The topography on the property does not allow placement of the shed on the
front side [East] which abuts to Hwy. 101 also known as Chanhassen Road, the
[West] side which abuts to the lake or the limited space on the North side
which provides access to the lake side of the property.
Sincerely,
-::J~ M~~
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Timothy & Diane McHuJ.
7450 Chanhassen Road
Chanhassen, MN 55317
SCANNED
04/13/2005
Tim McHugh
7450 Chanhassen Road
Chanhassen, MN 55317
RE: Proposed Shed 7450 Chanhasssen Road
This letter is in response to our conversation regarding your intent to apply for a Variance
with the City ofChanhassen for a storage shed on the south side of your property.
I wanted you and the City to know that I support you in your effort to obtain the
necessary approvals required for the Shed to extend into the 10' Side Yard Setback
requirement.
With the design, placement and tree line that separates the two properties I am confident
it will in no way be detrimental to my property or hinder any views.
~
Larry Mon
Property Owner of
7470 Chanhassen Road
Chanhassen, MN 55317
612-636-7389
SCANNED
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RECEIVED
SEP 7 2004
HANHASSEN INSPECTIONS
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SCANNED
CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
May 5, 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
McHugh Variance - Planning Case No. 05-17 to the persons named on attached Exhibit "A",
by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the
envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses of such owners were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
Subscribed and sworn to before me
this ~day of fYì.D....~ ,2005.
~,~T~
~ Notary Pu~ ./
KIM T. MEUWISSEN I
Notary Public-Minnesota
My Commission ExpIres Jan 31, 2010
SCANNED
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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 corJ1lÎlation 01 records. inlonnation and data located In various city, county, stale and lederal
offices and other sources regarding the area shown. and is to be used lor relerence purposes only.
The City does not warrant that the Geographic Inlonnation System (GIS) Data used to prepare this
map are error Iree. and the City does not represent that the GIS Data can be used tor navigational,
tracl<ing or any other purpose requiring exacting measurement 01 distance or direction or precision in
the depiction 01 geographic features. If elTOlS 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 01 this map acknowledges that the City shall not be liable lor any damages. and expressly
waives all claims, and agrees to defend, indermily, and hold harmess the City lrom any and all claims
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Location Map .
McHugh Variance
7450 Chanhassen Road
Planning Case No. 05-17
ad
Lotus Lake
THOMAS R & AMY B EDSTROM
10 HILL ST
CHANHASSEN MN 55317
ROBERT FLYNN &
VALERIE FLYNN
40 HILL ST
CHANHASSEN MN 55317
TIMOTHY J & DIANE A MCHUGH
7450 CHANHASSEN RD
CHANHASSEN MN 55317
JEANNE M RAYMOND
7440 CHANHASSEN RD
CHANHASSEN MN 55317
DANIEL C & RUTH C SHOEMAKER
7380 KURVERS POINT RD
CHANHASSEN MN 55317
CARL B FITZSIMMONS &
PATRICIA K FITZSIMMONS
7480 CHANHASSEN RD
CHANHASSEN MN 55317
PAT H FITZSIMMONS &
PATRICIA L FITZSIMMONS
7400 CHANHASSEN RD
CHANHASSEN MN 55317
STEVEN T JENKS
7490 CHANHASSEN RD
CHANHASSEN MN 55317
STEVEN A & BETH A MCAULEY
20 HILL ST
CHANHASSEN MN 55317
LARRY P MON
7470 CHANHASSEN RD
CHANHASSEN MN 55317
FREDERIC OELSCHLAGER ETAL
7410 CHANHASSEN RD
CHANHASSEN MN 55317
SEYMOUR S RESNIK
7370 KURVERS POINT RD
CHANHASSEN MN 55317
CHRISTOPHER & TRACEY RUST
7500 CHANHASSEN RD
CHANHASSEN MN 55317
SCOTT J & DENISE B SMITH
30 HILL ST
CHANHASSEN MN 55317
DAVID E & CAROLYN M WETTERLlN
7420 CHANHASSEN RD
CHANHASSEN MN 55317
CERTIFICATE OF SURVEY
FOR
Roe-Cot Ccn6-tn.x.tÎon
Lot 5, 8c.oc.K /, 5<uJ:.e.t Víek/
Carver Cou.nt'! I Hmne50ta...
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ONTR L
LEGEND
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PROPOSED ELEVATIONS
o Iron monuments
(9i1".) existing elevations
~ lowest floor
1?3~ I proposed elevations
1.,"·..11 garage floor
....-- direction of proposed surface drainage
I.,sol top of foundation
~
~
1.11 Hansen Thorp
~ l) Pellinen Ol~on Inc.
. Consulting Engi,...,.. & l.nd 5w'veyons
7565 Offtc. Ridge Cire"
E_ _, _ 55344-3644
(812) 829-0700
I hereby certify that this survey. PNP8red,b)( me OI_U,nder my direct supervision, is ÌI true
and correçt repr..enuUon of lb. ·bøundrl.. of the abov. døcrlbed land and 0' the
location of all bulldfngs,. tf eny lherMn. and aU visible ItftCroachmenta.1f any. from or on
sakt tand and that I am a duly regtat.red land MlrY_yor ~nder State of Minnesota Statu...
Section 328.02 to 328.18.
Date:
c-/z-gt::.
")
/7~~
nll!lÌstratlon No. /3' ç;; 7
File No
&,-/m
Book - Poge
ê7-("S
Seal.
/"'30