PC Staff Report 10-07-2014PROPOSED MOTION:
"The Chanhassen Board of Appeals and Adjustments denies the hard surface coverage variance
and shoreland setback variance requests and adopts the attached Findings of Fact and Decision."
SUMMARY OF REQUEST: The property owner is requesting a hard surface coverage
variance to increase an approved one percent variance for hard surface coverage. The property
owner is also requesting a shoreland setback variance in addition to an approved 32 -foot
shoreland setback variance.
LOCATION: 9015 Lake Riley Blvd (PID 25- 0240300) J4<O
APPLICANT: Phillip J. Sosnowski and Rosemary F. Kelly
P.O. Box 490
9015 Lake Riley Blvd.
Chanhassen, MN 55317
PRESENT ZONING: Single Family Residential (RSF).
2020 LAND USE PLAN: Residential Low
Density (Net density 1.2 — 4.0 units per acre)
ACREAGE: 0.29 acres (12,632 square feet)
DENSITY: NA
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.
Notice of this public hearing has been
mailed to all property owners within 500
feet.
Planning Commission
9015 Lake Riley Boulevard Variance — Planning Case 2014 -27
October 7, 2014
Page 2 of 6
PROPOSAL /SUMMARY
The property owner is requesting an additional 1.9 percent hard surface coverage variance. This
is in addition to an approved one percent variance for hard surface coverage (a total variance of
2.9 percent). The addition will put the total hard surface coverage of the property at 27.9 percent.
The property owner is also requesting an additional three -foot setback variance. This is in
addition to an approved 32 -foot shoreline setback variance (35 -foot shoreland setback variance
in total). This request is being made to locate a patio 40 feet from the ordinary high water level.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article VII, Shoreland Management District
Section 20 -481, Placement, design, and height of structure.
Chapter 20, Article XIL "RSF" Single - Family Residential District
Section 20 -615. Lot requirements and setbacks.
BACKGROUND
The Shoreland Management District Chapter of City Code requires sewered structures on
recreational development public waters to be set back 75 feet from the ordinary high water level.
The Single - Family Residential District Chapter of City Code states, "the maximum lot coverage for
all structures and paved surfaces is 25 percent."
On May 17, 2005, the City of Chanhassen approved a five -foot front yard setback variance, a 32-
foot shoreland setback variance and a I % hard surface coverage variance for the demolition and
construction of a new single - family home (Planning Case #2005 -10). The applicant originally
requested a 7.68% hard surface coverage variance and 41.3 -foot shoreland setback variance, but the
Planning Commission reduced these variances requests for approval. The proposed patio would
expand on the shoreland setback and hard surface coverage variation.
ANALYSIS
There are existing surface water runoff issues in this area. Increasing hard surface coverage
would only intensify this problem.
The applicant is proposing a 240 square -foot patio to be located in the rear yard. This expanded
non - conformity would put the property over hard surface coverage by 2.9 percent. The applicant
is also proposing to extend the patio beyond the existing setback by three feet, locating the patio
within 40 feet of the lakeshore's ordinary high water level. The proposed patio would encroach
into the shoreland setback by 35 feet.
The applicant is requesting the patio expansion to create a wheelchair- accessible patio and to
permit aesthetic alignment with the house. However, the existing property has an approximately
13 -foot by 13 -foot concrete patio beneath the four- season porch. This area currently can be used
as a wheelchair - accessible outdoor living area on the property (see images on the next page).
Planning Commission
9015 Lake Riley Boulevard Variance — Planning Case 2014 -27
October 7, 2014
Page 3 of 6
Existing wheel chair
accessible patio
(approximately 13' x
13') beneath 4- season
porch
t'
FIV
Planning Commission
9015 Lake Riley Boulevard Variance — Planning Case 2014 -27
October 7, 2014
Page 4 of 6
The current building at 9015 Lake Riley Boulevard is at a higher elevation than the neighboring
building to the north, 9005 Like Riley Boulevard. The northern 10 feet of the property contain a
drainage and utility easement, which acts as the Emergency Overflow (EOF) for the stormwater
pond across the street. Water flows between the two houses and down to Lake Riley.
This location has a recent history of stormwater issues. On June 19, 2014, a rainfall event caused
the stormwater pond to overflow and flood the property to the north, 9005 Lake Riley Boulevard.
Water surrounded the house and leaked into the basement. The city's Public Works Department
sandbagged the area during the storm to prevent further damage.
The reason for the shoreland setback and hardcover limitation is to protect the city's natural
resources through limiting runoff into public waters. Allowing a setback and hard surface
expansion beyond the existing conditions could be harmful to the natural resources of the area
and increase surface water runoff issues.
This property was originally given a variance for a front yard setback, shoreland setback and
hard surface coverage. The proposed variance would increase the existing legal non - conformity
of the presently functional property.
As seen below, there have been multiple parcels surrounding this property that have requested
variances. Within 500 feet of the subject property, staff noted four variance requests. Of these
variance requests, one was for the subject property.
Variance
Number
Address
Description
Action
Request for an addition to a non-
VAR 85 -21
9005 Lake Riley Blvd.
conforming building (encroaching into
Withdrawn
front and rear yard setbacks).
VAR 90 -07
9051 Lake Riley Blvd.
10.35 -foot shoreland setback variance for
Approved
the construction of a new home.
36 -foot shoreland /rear yard setback for
VAR 92 -09
9021 Lake Riley Blvd.
the construction of a deck and hot tub to
Approved
be located 39 feet from the lake.
5 -foot front yard setback variance, 1.0
percent hard surface coverage variance and
CAS 05 -10
9015 Lake Riley Blvd.
a 32 -foot shoreland setback variance for the
Approved
(subject property)
demolition and rebuilding of a single -
family home on a non - conforming property
(minimum area).
Planning Commission
9015 Lake Riley Boulevard Variance — Planning Case 2014 -27
October 7, 2014
Page 5 of 6
MORELAND MANAGEMENT
Lake Riley is classified as a recreational development lake with an ordinary high water elevation
(OHW) of 865.3 feet. The setback from the OHW is 75 feet as required by state statute and city
code. A variance was granted to allow for the
construction of the house. This variance allowed
for the house to encroach 32 feet into this setback.
The house is currently set back 43 feet from the
OHW at its closest point. The provided plan gave
no dimensions and was inconsistent with the aerial
photograph shown to the right.
A review of the plans indicates that a four- season
porch was approved in the fall of 2011 to extend
an additional 13 feet beyond what was shown as
the building footprint in the plan provided. This is
shown in green on figure 2 below. The porch
addition was consistent with the approved hard
surface and setback variance. The approved de
e.
�. �� #^`� .+pub' ..rfLi` 2}7
.... ...._....vimM _ t `
ck was to continue as the east wall of the four -
season porch extended northward 19 feet.
The garage wall, located in the northeast
corner of the house, is the one constant
between the two plans and was used as the
reference for all scaled measurements. The
patio, as best that can be determined with the
use of an engineer's scale, extends an
additional 21.25 feet towards the lake from
the garage wall. This equals a setback from
the OHW of 30 feet. However, given the lack
of dimensioning on the drawing and the
disparity between what is shown on the
provided plan and the aerial, it is difficult to
determine with any clarity. It does not
appear to be 43 feet as stated in the
application as that is the distance to the four -
season porch from the OHW. This distance is consistent with what was scaled from GIS.
Residential properties are allowed one water - oriented structure no greater than 250 square feet in
area within the setback provided it is at least 10 feet from the OHW. The size of this patio is
estimated to be in excess of 730 feet or nearly three rimes larger than allowed. A deck is not
considered impervious and the area below the deck currently has a grass surface. This
encroachment into the setback and the additional hardcover area will only add to the degradation
of the lake and the increase in runoff volumes, rates and pollutant load into Lake Riley. The
aforementioned June storms saw significant damage along the shoreline that can be attributed to
urbanization of the lakeshore area.
Planning Commission
9015 Lake Riley Boulevard Variance — Planning Case 2014 -27
October 7, 2014
Page 6 of 6
�YILL lu /� :7.1
It appears that the variance from the OHW setback requirements is for 45 feet to be within 30
feet of the OHW. The current impervious surface coverage already exceeds the allowed 25 %.
The deck is not considered hardcover so the only existing hardcover where the new patio is
proposed consists of the 13'x13' four- season porch and the concrete pad in front of the French
doors. It is estimated that the proposed patio is in excess of 730 square feet meaning they are
requesting more than 525 square feet of additional impervious surface within the setback from
the OHW.
This area has a recent history of drainage problems that could directly impact the neighboring
properties depending on the grading, which was not included in the plan submittal. Additional
impervious surface would create additional untreated stormwater runoff discharging to Lake
Riley. Urbanization of the shoreline has contributed to erosion problems along Lake Riley. To
avoid adding water to an area that has confirmed drainage issues, and adding to the degradation
of Lake Riley, the Engineering Department does not recommend approval of the impervious
surface variance.
Staff recommends that the Planning Commission deny the variance application and adopt the
attached Findings of Fact and Decision.
ATTACHMENTS
1. Findings of Fact and Decision.
2. Development Review Application.
3. Landscaping Plan.
4. Email from Nancy Smith to Bob Generous dated September 8, 2014.
5. Letter from Joan Ludwig to Chanhassen Planning Commission, Bob Generous, and Rose
Kelly dated September 9, 2014.
6. Affidavit of Mailing of Public Hearing Notice.
g: \plan\2014 planning cases\2014 -27 9015 lake riley blvd varianee\staff report 9015 lake riley blvd.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IJ02I7
Application of Phillip J. Sosnowski and Rosemary F. Kelly for a variance from the shoreland
setback requirements and hard surface coverage to allow for a 240 square -foot patio on property
zoned Single - Family Residential District (RSF) — Planning Case 2014 -27.
On October 7, 2014, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single - Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
P/O GOVT LOT 3 DESC AS: COMM AT NW CORN GOVT LOT 3 TH S ON W LINE
1293.86' TH N89 *E 16TH S 249.23' TH N89 *E 49.60' TH N 247.87 TH N89 *E 714.51'
TH N20 *E 304.42' TH N14 *E 470.07 TH N13 *E 11.86' TH N44 *E 64.01' TO INTERSECT
WITHLINE BEARING N13 *E FROM N
4. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The subject site is zoned Single - Family Residential District. The purpose of the
request is to permit a 35 -foot shoreland setback variance and 2.9 percent hard surface
coverage variance to allow a 240 square -foot patio. While multiple properties in this area
encroach into the shoreland setback, including this property, permitting additional
encroachment into the shoreland setback is unnecessary for the functional use of the
property.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: Requesting to expand an existing patio is not a practical difficulty in meeting
with City Code. The property has been granted variances to hardcover and shoreland
setbacks. The site currently has patios and its expansions is a mere convenience.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variation is not based upon economic considerations alone.
The stated intent is to make a wheelchair accessible patio.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The use of the lot is limited due to its size and depth; however, the property has
already been granted a variance for its construction allowing them a reasonable use of the
property. Any additional expansions of this non - conformity would be created by the
property owner.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The granting of the variance would not alter the essential character of the
locality. Multiple properties in the area encroach into the shoreland setback. However,
since there already exists surface water runoff issues in the area, expanding hard surface
may increase the runoff problem.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2014 -27, dated October 7, 2014, prepared by Drew Ingvalson, et al, is
incorporated herein.
DECISION
"The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment,
denies Planning Case #2014 -17 a 35 -foot setback variance from the 75 -foot shoreland setback
requirement and 2.9 percent hard surface coverage variance from the 25 percent requirement to
allow a 240 square -foot patio on property zoned Single - Family Residential District."
ADOPTED by the Chanhassen Planning Commission this 16'x' day of September, 2014
CITY OF CHANHASSEN
BY:
Chairman
COMMUNITY DEVELOPMENT DEPARTMENT CITY OF CHANHASSEN
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227 -1300 / Fax: (952) 227 -1110 04klp� ?c acos_ `Q
APPLICATION FOR DEVELOPMENT REVIEW
Date Filed: 7S I I.S I I 60 -Day Review Deadline:
❑ Comprehensive Plan Amendment ......................... $600
❑ Minor MUSA line for failing on -site sewers ..... $100
❑ Conditional Use Permit
❑ Single - Family Residence . ............................... $325
❑ All Others .......................... ............................... $425
❑ Interim Use Permit
❑ In conjunction with Single - Family Residence.. $325
❑ All Others .......................... ............................... $425
❑ Rezoning
❑
Planned Unit Development (PUD) ..................
$750
❑
Minor Amendment to existing PUD .................
$100
❑
All Others .......................... ...............................
$500
❑ Sign
Plan Review .................... ...............................
$150
❑ Site Plan Review
❑
Administrative ................... ...............................
$100
❑
Commercial /Industrial Districts*. ...................
- $500
Plus $10 per 1,000 square feet of building area
"Include number of existing employees:
and number of new employees:
❑
Residential Districts .......... ...............................
$500
Plus $5 per dwelling unit
ADDITIONAL REQUIRED FEES:
Notification Sign .................... ............................... $200
(City to install and remove) 1% k a) =L139
Property Owners' List within 500' ........ $3 per address
(City to generate – fee determined at pre-a plication meeting)
Escrow for Recording Documents..er document
(CUP /SPRA/ACT!YAP /Metes & Bounds Subdivision)
Planner:
❑ Subdivision
Case #: —,9L
❑ Create 3 lots or less ......... ............................... $300
❑ Create over 3 lots .......................$600 + $15 per lot
❑ Metes & Bounds .........................$300 + $50 per lot
❑ Consolidate Lots .................. ...........................$150
❑ Lot Line Adjustment. ................ I ....................... $150
❑ Final Plat * ............................. ...........................$250
*Requires additional $450 escrow for attorney costs.
Escrow will be required for other applications through the
development contract.
❑ Vacation of Easements/ Right -of- way ................... $300
(Additional recording fees may apply)
❑✓ Variance ..... ............................... ...........................$200
❑ Wetland Alteration Permit
❑ Single - Family Residence ............................... $150
❑ All Others ........................ ............................... $275
❑ Zoning Appeal ....................... ............................... $100
❑ Zoning Ordinance Amendment ............................ $500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
(Refer to the appropriate Application Checklist for required submittal
information that must accompany this application)
TOTAL FEES: $ 45 9 400 '' JJ
Received from:RtS52mafi V_e
Date Received: _2�JVSJILf Check Number:
Section 2: Required Information
Project Name: Patio Proposal
Property Address or Location: 9015 Lake Riley Blvd Chanhassen, MN 55317
Parcel 4:.250240300 Legal Description: Lot 3, Sec 24, T.116 North, R 23
Total Acreage: •22
Present Zoning: Residential
Wetlands Present? ❑ Yes ® No
Present Land Use Designation: Residential
Existing Use of Property: Residential
Description of Proposal: See separate narrative
❑✓ Check box if separate narrative is attached
Requested Zoning: Residential
Requested Land Use Designation: Residential
Section 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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 with the study. I certify that the information and exhibits submitted are true and correct.
Name:
Contact:
Address:
Phone:
City /State /Zip:
Cell:
Email:
_
Fax:
Signature:
Date:
PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. 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 with the
study. I certify that the information and exhibits submitted are true and correct.
Name: Rosemary Kelly and Phillip Sosnowski
Address: 9015 Lake Riley Blvd
City /State /Zip: Chanhassen, MN 55317
Email: rKellyll[Igpgmall.com
Signature:
Contact: Rose Kelly
Phone: (952) 353 -4691
Cell: (612) 360 -8700
Fax: (612) 467 -1920
rr, "8/11/14
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, refer to the
appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and
applicable procedural requirements.
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.
PROJECT ENGINEER (if applicable)
Name:
Contact:
Address:
Phone:
City /State /Zip:
Cell:
Email:
Fax:
Section 4: Notification
Information
Who should receive copies of staff reports?
*Other Contact Information:
® Property Owner Via:
❑E Email
❑ Mailed Paper Copy
Name:
❑ Applicant Via:
❑ Email
❑ Mailed Paper Copy
Address:
❑ Engineer Via:
❑ Email
❑ Mailed Paper Copy
City /State /Zip:
❑ Other* Via:
❑ Email
❑ Mailed Paper Copy
Email:
SCANNED
Proposal: Patio Construction
Location: 9015 Lake Riley Blvd Chanhassen, MN 55317
Variance Request:
We are requesting the construction of a patio (see attached design) be allowed as an addition to
our single family home in Chanhassen. The planned construction plan is attached. We are
requesting a 240 sq. ft. variance for allowed hard space to build a wheelchair accessible patio.
In addition, as the original construction of the house was permitted a 32 feet variance
from the required 75 foot setback, this proposal was designed to stay within that
limitation. The proposed patio is setback 43 feet from the lake, within the limitation of
the current variance. However, we are also requiring a variance to allow for an
additional 3 feet setback to allow construction a curve of the patio for 8.4 feet to permit
aesthetic alignment with the house.
The current hard space for the house:
Overall Gross area to OHW = 14,650 sq, ft
Right of way
= 1,750 sq. ft.
Net area
= 12,900 sq. ft.
Building area
= 2,225 sq. ft.
Concrete pad
= 27 sq. ft.
Retaining walls
= 55 sq. ft.
Stoop area
= 89 sq. ft.
4 season porch area
= 176 sq. ft.
Sidewalk area
= 170 sq. ft.
Driveway area
= 612 sq. ft.
Total current impervious surface area = 3,354 sq. ft.
Rationale:
This variance request is to ask for an additional 240 square feet of hard surface to allow
continuity between existing hard space and wheelchair accessibility to the patio. The reason for
the patio construction is to make the lake and lawn on the lakeside of the house handicap
accessible in alignment with the overall concept and construction of the house. The previous
owner clearly designed the house to be handicap accessible. However, financial limitations
kept the original owner from constructing a reasonable access from the house to the lake even
though the setback permitted such a construction and the additional hard space is minimal (240
sq. ft.). Lack of a level, even surface to exit the house limits the usability of the lake and lawn to
anyone who is handicapped. This is because the lawn immediately slopes and is uneven.
There is no means of outside handicap access to the lake except directly onto sloping lawn.
There is already hard surface immediately under the deck and the four season porch, but these
surfaces are not connected and under constant shade. This proposal requests permission to
simply connect these two areas with a level material to improve safety and access. It is a
limited extension of current patio construction in keeping with the aesthetics of the house design
and within the original construction setback variance. This request for 240 sq. ft. variance of
additional hard space is in harmony with the handicap accessible construction that was not
completed by the original builder. This construction deficiency has become more apparent as
we witness my 90 year old mother being unable to safely get out of the house to enjoy the being
outside at the lake.
Conditions meeting variance requirements:
1. We are requesting a 1.9 % variance to the current hard space zoning in order to construct a
limited, level patio to improve our home handicap accessibility. In addition, we are requesting a
set back of an additional 3 feet for 8.4 feet in length to provide an aesthetic aspect to the
construction. This construction is consistent with the design and intent of the original
construction of a handicap accessible lake home but not completed originally due to financial
limitations of the homeowner. We bought the house 4 years ago because the design was
entirely handicap accessible. As we made small changes to our house, it was always in
alignment with this design. Now, as we look to accommodate my elderly mother and our own
health limitations, these features of the house are particularly important. We plan to stay in this
home the rest of our lives and we purchased it with that intention. We wish to improve design
and accessibility of the house to the lake by completing a handicap accessible patio on the lake
side of the house. In addition, the current concrete patio has a step down that is not level with
the doors making is impossible to navigate with a wheelchair so we wish to resolve this
technical problem at the same time. This request to increase hard surface is by a very limited
amount and is extended beyond the already existing hard surface to include a small area that
allows for sun. This proposal benefits handicapped and wheelchair bound individuals and
remains consistent with the comprehensive plan of the original house design.
2. The practical difficulty with compliance of the current zoning is that the hard space limitations
keep us from completing a level, connected, safe patio area.in order to make it wheelchair
accessible. Currently, it is not possible for a handicapped person to get outside the house
safely onto a level surface. We wish to correct this problem in an effort to align the house with
its original handicap accessible design and facilitate access for ourselves and handicapped
family members. We believe this proposal is a request to use the property in a reasonable
manner not currently permitted by limitations on hard surface for this property.
3. This proposal is not based on economic considerations. It is based on personal consideration
for handicap accessibility for current family members and ourselves.
4. The house design was left incomplete by the original owner. We are asking for the variance
to hard surface allowance by only 240 sq. ft. to improve the overall design of the house and to
comply with the original intent of handicap accessibility. Inability to provide access to the lake
will create a current and ongoing hardship for full utilization of the property that we did not
create.
5. This is a very small scale patio that will only increase the hard surface of the house by 240 sq
ft. The proposal is designed to create an aesthetically appropriate addition while improving the
function of the house. The variance, if granted, would not alter in any way the essential
character of the locality.
6. This house is not an earth- sheltered construction.
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SCANNED
Generous, Bob
From: N R [nsmith3587 @msn.com]
Sent: Monday, September 08, 2014 12:35 PM
To: Generous, Bob
Subject: 9015 Lake Riley Blvd.
Hi Bob,
We have no issues with the variance Rosemary Kelly is requesting. The water issue is really
more the holding pond that created the flooding this year. This should be addressed by the
city.
Thank you,
Nancy Smith
9051 Lake Riley Blvd.
TO: Chanhassen Planning Commission
Bob Generous
Rose Kelly
FROM: Joan Ludwig, 9005 Lake Riley Blvd., Chanhassen, MN
9/16/14
RE: Requested Variance at 9015 Lake Riley Blvd
I am the neighbor to the north of this address. My concern about the proposed variance is
regarding to the drainage to my property at 9005 Lake Riley Blvd.
When the property at 9015 was re constructed, a drain swale was eliminated between that
property and my own. The two properties used to be at the same level, and with the
increased height and drainage of 9015, as well as all of the additional construction up hill
from here, things have changed dramatically. The drainage onto my property has been
significantly increased. Each year, the storm drains have had issues in heavy rain as well
as in freezing periods in the winter. Additionally, my property has been suffering from
standing water in the yard and on my back patio that is much greater than it had been
prior to the re build next door and the density of ground cover in the general area.
I want to be clear that I am not opposed to Rose Kelly having the improvements to the
property that she desires. However, I do seek assurance and oversight from the city to be
certain that my property will not be further compromised by additional water drainage. I
seek assurance from the city planning department and the city engineering department
that steps that have already been discussed will be implemented and that mitigation of
future flooding to my property is being adequately addressed.
The city engineering has stated that they will:
1. Clean the storm drains to assure that they are functioning properly and to
capacity. And to make this area a first priority to mitigate for draining issues.
2. Clean the holding pond across the street from our properties to assure that it is
holding the needed amount of storm water and draining properly
3. Re implement the drain swale between the two properties to properly direct
excess storm water. (This includes removal of the tree at the yard line to
accomplish the swale, and I am currently assisting in getting bids.)
4. Accomplish other re landscaping as needed to protect my property (including
home and yard) from becoming over burdened with drain water.
Again, I am not opposed to homeowners having the improvements that they desire.
However, proper care and assurance must be given to assure that my property is not the
recipient of water due to the addition of impervious surfaces and drainage that will again
put me underwater again. Further, I just want to assure that professionals evaluate the
variable lake level to assure that additional structures and improvements will not bring
the lake level up to a level that will flood my property during heavy storms.
CITY OF CHANHASSEN
AFFIDAVIT 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
September 4, 2014, 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 9015 Lake Riley Boulevard Variance Request — Planning Case 2014 -27 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.
IMMUNE IR
Subscribed and sworn to before me
this q0t day of &ckp! -Mbar , 2014.
`1 ^ A JWK IM T MEUW� Not 7ublic Notary Pubic- Minnesota
Commiseion Erpires,� 31.2016
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ALOYSIUS R & MARY A CHENEY DAVID L ANDERSON DELBERT R & NANCY R SMITH
9079 SUNNYVALE DR 290 GREENLEAF CT 9051 LAKE RILEY BLVD
CHANHASSEN, MN 55317 -8639 CHANHASSEN, MN 55317 -7631 CHANHASSEN, MN 55317 -8650
GREGORY R RENBERG
282 GREENLEAF CT
CHANHASSEN, MN 55317 -7631
NORMAN C JR & KIMBERLY GRANT
9021 LAKE RILEY BLVD
CHANHASSEN, MN 55317 -8650
PHILLIP J SOSNOWSKI
PO BOX 490
CHANHASSEN, MN 55317 -0490
STEVEN P & SANDRA L NORDLING
281 GREENLEAF CT
CHANHASSEN, MN 55317 -7631
JAMES & JUDY STOFFEL
291 GREENLEAF CT
CHANHASSEN, MN 55317 -7631
PAUL JNESBURG
9093 SUNNYVALE DR
CHANHASSEN, MN 55317 -8639
REV TRUST AGREEMENT OF JOAN
M
9005 LAKE RILEY BLVD
CHANHASSEN, MN 55317 -8650
TODD A & SHELLEY L LEONE
275 GREENLEAF CT
CHANHASSEN, MN 55317 -7631
JUDITH N LEWIS
9071 LAKE RILEY BLVD
CHANHASSEN, MN 55317 -8650
PETER DAVID MCINTOSH
287 GREENLEAF CT
CHANHASSEN, MN 55317 -7631
RYAN D MAJKRZAK
9001 LAKE RILEY BLVD
CHANHASSEN, MN 55317 -8650