CC Staff Report 11-10-2014CITY OF
CHANHAS3EN
7700 Market Boulevard
PC Box 147
Chanhassen, MN 55317
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Drew Ingvalson, Planning Intern
DATE: November 10, 2014 plfje.
SUBJ: 7015 Sandy Hook Circle Variance Request
Planning Case #2014 -32
PROPOSED MOTION
"The Chanhassen City Council denies the request for a hard surface coverage
variance and use of gravel and adopts the attached Findings of Fact and
Decision."
City Council approval requires a majority vote.
EXECUTIVE SUMMARY
The property owner is requesting a 2.7% hard - surface coverage variance to expand
their driveway and create a parking area next to their garage. The applicant is also
requesting a variance to create a gravel parking area. In the future, the applicant
proposes to enclose the parking area as a third stall on their garage.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on the variance request on October 21,
2014. The Planning Commission voted 3 to 3 for a motion approving the variance. A
tied vote fails and this item is forwarded to City Council without a recommendation
from the Commission.
Three Planning Commission members voted to approve the variance request. The
reasoning behind their approval was the fact that the property is smaller than the
required lot size for the Single Family Residential (RSF) District. Several other
properties in the area are able to meet the hard surface coverage requirement while
having a three -stall garage and/or additional parking spaces in their driveway. These
properties have this ability due to their lot area being greater than the RSF District lot
size requirement. These Commission members found it appropriate to approve this
variance on the grounds that the addition of a third parking area is a reasonable use of
the land and the small size of the property creates a legitimate difficulty in the property
owners' use of the parcel.
www.ci.chanhassen.mn.us Three Planning Commission members voted against the variance request. The reasoning
behind their decision was that the property owners currently have a reasonable use of
their property; they can park two vehicles within their garage and two vehicles in the
driveway without a hardcover expansion. Furthermore, these Planning Commissioners
Chanhassen is a Community for Life - Providing forToday and Planning for Tomorrow
Todd Gerhardt
7015 Sandy Hook Circle Variance Request
November 10, 2014
Page 2
do not believe that there are adequate assurances that future property owners of the parcel will
maintain the future rain garden, porous pavement or impervious pavers, which were both discussed
as ways to mitigate the additional stormwater runoff on the property due to the hardcover addition.
The Planning Commission was in agreement with city staffs recommendation that any driveway
addition materials should meet ordinance. City ordinance states, "driveways shall be surfaced with
bituminous, concrete or other hard surface material, as approved by the city engineer." Gravel is not
considered an allowable improved hard surface for driveways.
City staff is recommending denial of the variance request; however, staff has provided findings of
fact for both approval and denial of the proposed hard surface coverage variance request. If the City
Council's decision is to approve the request, then the requirement for stormwater mitigation in the
form of a rain garden be required of the applicant.
Planning Commission minutes are a consent agenda item in the City Council packet for November
10, 2014.
RECOMMENDATION
Staff recommends adoption of the motion denying the 2.7 percent hard cover variance and the
Findings of Fact and Decision. Since the Planning Commission was split on this application,
staff has also provided Findings of Fact and Decision for approval of the variance request for the
driveway, but not for the use of gravel. The motion for approval is contained in the decision
portion of the findings of fact.
ATTACHMENTS
1. Property Owner's Response dated 11/5/14.
2. Planning Commission Staff Report Dated October 21, 2014.
3. Email from Woodruff/Luehr to Bob Generous dated 10/15/14.
4. Email from Debrah Engel to Bob Generous Dated 10/19/14.
5. Findings of Fact and Decision (Denial).
6. Findings of Fact and Decision (Approval).
g: \plan\2014 planning cases\2014 -32 7015 sandy hook circle variance \executive suuunary.doc
Hello,
Below is an addendum to the Kolbow variance request going before
the Chanhassen city council on November 10, 2014.
Hard Cover surface: We will provide the surface that meets the City of
Chanhassen's code requirement. Whether it be asphalt, concrete or alike (not
gravel).
Rain Garden: As proposed we would plan on installing a rain garden to help
compensate for the 2.7% (341 ft2) hardcover variance we are asking for. We
recently consulted with the city of Chanhassen's water resources coordinator Terry
Jeffery to determine what would be suitable as a rain garden in order provide equal
to or greater than run off adsorption for the 2.7% (341 ft2) hard cover variance we
are requesting. Based on Terry's calculations we would need a 119.5 ft2 area to
compensate for the hardcover. (Terry's email attached). Over the phone Terry also
suggested a woody type vegetation area. We also thought this might add a nice
ascetic look for that location. In addition to the email Terry also supplied a design
guide for installation of the rain garden. We intend to use all of Terry's
recommendations for the implementation of the rain garden.
Winter: Without the parking area / variance we are often rotating cars to the street
at various times to allow access to other vehicles and the garage area. This creates
an issue with snow accumulation and plowing. We understand the city codes
regarding overnight parking and the restrictions regarding snow fall and
parking. Snowfall being unpredictable, the issue is when a car or cars are in the
street during the day when it snows. This creates a hazard for the snow plows and
unsuspecting drivers hitting the snow bank as they drive past. It's also an aesthetic
issue and hassle to deal with for all our neighbors. We are not the only neighbors
that get caught in this situation but a variance to create this parking spot would
help alleviate this issue.
Aesthetics: We like to keep our property nice and aesthetically pleasing and feel
by allowing this variance it will allow us to keep our vehicles off the street by
using our driveway more efficiently and the nice surface by the side of our
garage. A recreational vehicle, boat or trailer is already allowed with an
unimproved surface in this area already and we are trying to improve the area.
Safety: Without the added parking area our cars and visitors cars will be on the
street at various times creating a very real safety hazard particularly for the small
children within our circled street. There are approximately 15 kids under 10 years
old and several more under 15 on Sandy Hook Circle. Our biggest fear is a child
hidden by a parked car that steps, runs or bikes out past the parked car when
another car is driving past. Unfortunately this is an all too common hazard. We
want to minimize this.
Neighbors: For all the reasons above we feel this is the best option for all our
neighbors as a whole. Three of our direct neighbors (across the street, next door to
the south and kiddy corner across the street) wrote letters of support and one
neighbor next door to the north is concerned about the aesthetics of their view from
the front entry / front yard. We have a good relationship with this neighbor and
have discussed planting taller type arborvitaes or alike to help shield the view of
this area from their front yard. With the season now running short we cannot get
on a schedule for work before winter hits so we agreed to talk over the winter to
discuss options.
We also have a boat and the covered boat or trailer are often parked in this area
during the summer so improving the surface, adding a rain garden and some form
of tall view blocking planting we thought would be a better overall solution
considering all the points covered above for the best use of our property.
Thank you for your time.
Rick Kolbow
Generous, Bob
From:
Rick Kolbow [rkolbow @h2ktech.com]
Sent:
Wednesday, November 05, 2014 11:38 AM
To:
Generous, Bob
Subject:
FW: Rain Garden / Contact Info
Attachments:
image009.emz; image011.emz; image015.emz; image017.emz
:r.
The below email from Terry Jeffery goes with addendum.
Thanks,
Rick Kolbow
H2K Technologies
rkolbowna h2ktech.com (o) 763-746-99oo ext u1 (f) 763 -746 -9903 1 (c) 612 - 759 -1004
7550 Commerce St. Corcoran, MN 55340 1 www.H2Ktech.com
i H2Kr
Technologies, Inc. METu� O"MI, OMNI PIGS
NOTICE -- This email may contain confidential and privileged information for
the sole use of the intended recipient. Any review or distribution by others
is strictly prohibited. If you are not the intended recipient, please
contact the sender immediately and delete all copies.
From: Jeffery, Terry [ mailto :tjeffery@ci.chanhassen.mn.us]
Sent: Tuesday, November 04, 2014 9:41 AM
To: Rick Kolbow
Subject: RE: Rain Garden / Contact Info
Rick,
I apologize for the delayed response. The volume needed for the rain garden would be 119.5 cubic feet. A rain garden
should be designed so that the depth of inundation is between 6" and 9" and never more than one (1) foot. The profile
could potentially be designed with a corrected soils at the bottom with a mixture of 80% washed sand and 20% leaf litter
compost. This can be included into the volume at a value of 40 %. For instance if you excavated native soils and replaced
with 100 cubic feet of amended soils that would be 40 cubic feet and the remaining volume would be ±80 cubic feet.
From: Jeffery, Terry rmailto :tjefferyCalci.chanhassen.mn.us]
Sent: Monday, October 27, 2014 4:38 PM
To: Rick Kolbow
Subject: RE: Rain Garden / Contact Info
Rick,
I will calculate the Water Quality volume for a 341.4 sf hard surface.
Regards,
Terry
Terry Jeffery I Water Resources Coordinator
City of Chanhassen I Engineering Department
7700 Market Boulevard I Chanhassen, MN 55317
DESK 952.227.11681 MAIN 952.227.1160
From: Rick Kolbow [mailto:rkolbow@h2ktech.com]
Sent: Monday, October 27, 2014 4:34 PM
To: Jeffery, Terry
Subject: Rain Garden / Contact Info
Terry,
Thanks for looking into and your help on this. My daytime contact info is below.
Our home address:
Rick and Julie Kolbow
7015 Sandy Hook Circle
Chanhassen, MN 55317
Can you reply so I know the email made it?
Thanks,
Rick Kolbow
H2K Technologies
rkolbow(&h2ktech.com (o) 763 - 746 -99oo ext in (f) 763-746-9903 I (c) 612 - 759 -1004
7550 Commerce St. Corcoran, MN 55340 1 www.H2Ktech.com
r�
iK V MET = Pa
4w Technologies, Inc. :.� r.- �
NOTICE -- This email may contain confidential and privileged information for
the sole use of the intended recipient. Any review or distribution by others
PROPOSED MOTION:
"The Chanhassen Board of Appeals and Adjustments denies the hard surface coverage variance
request and adopts the attached Findings of Fact and Decision."
SUMMARY OF REQUEST: The property owner is requesting a 4.8% hard surface coverage
variance to expand their driveway and create a parking area next to their garage. The applicant is
also requesting a variance to create a gravel parking area.
a
LOCATION: 7015 Sandy Hook Circle (PID 25- 2400080)
APPLICANT: Rick D. & Julie Ann Kolbow
7015 Sandy Hook Circle
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 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.
PROPOSAL /SUMMARY
The applicant is requesting a 4.8% variance to expand their driveway. However, staff reviewed
their hard cover calculations and determined that they included area within the street right -of-
way which is not counted against a lot's hard cover. Staff estimates the variance at 2.7 %. The
applicant is also requesting a variance to allow a gravel parking area next to their garage. In the
fixture, they state that they will enclose this parking area within a garage, which would not
increase hard cover. The proposed parking area is 13 feet from the side property line. When
enclosed, the garage stall would comply with the side yard setback requirement. City code does
permit the storage of trailers and Recreation Vehicles (section 20 -910) on unimproved surfaces
Planning Commission
7015 Sandy Hook Circle Variance — Planning Case 2014 -32
October 21, 2014
Page 2 of 4
in the side or rear yard, but requires that driveways be surfaced with bituminous, concrete or
other hard surface material (section 20 -1122 (4)).
APPLICABLE REGULATIONS
Chapter 20, Article H, Division 3, Variances
Chapter 20, Article XII, "RSF" Single - Family Residential District
Section 20 -615. Lot requirements and setbacks.
Chapter 20, Article XXIV. Off - Street Parking and Loading
Section 20 -1122. Access and Driveways (1) and (4)
BACKGROUND
The applicant has two teenagers with their own car. They now have to park on the street or park
behind their parents' vehicles in the driveway. The proposed driveway expansion would allow the
family to all park on their lot without blocking the garage and requiring the movement of vehicles
before leaving the house.
While staff empathizes with the owners, code dictates that we review the request against city
standards. The "RSF" Single Family Residential District section of City Code states that, "the
maximum lot coverage for all structures and paved surfaces is 25 percent" (Sec. 20- 615(5)). The
applicant is requesting a 2.7 percent variance from this requirement to extend their driveway to
accommodate additional parking on the property. This variance would permit 27.7 percent hard
cover. The maximum hard surface coverage requirement is designed to limit storm water runoff
into the city storm water systems. Exceeding this limitation may have a detrimental effect on the
city's natural resources.
In this request, the applicant has proposed using gravel for a parking space. This request is
inconsistent with City Code section 20 -1122 (4) which states, "driveways shall be surfaced with
bituminous, concrete or other hard surface material, as approved by the city engineer." Gravel is not
considered an allowable improved hard surface for driveways.
ANALYSIS
The applicant is proposing a driveway extension and gravel parking area that will add 672 square
feet of hard surface coverage to the parcel (see image on next page). The existing property has
2,827.5 square feet of hard surface coverage (22.4 %) out of a total allowable area of 3,158.1
square feet (25 %). The proposed addition would put the property at 3,499.5 square feet of hard
surface coverage (27.7 %), which is 341.4 square feet over the hard cover permitted.
The parcel is somewhat limited with its hard surface coverage due to it being 16 percent smaller
than the required lot size for lots in the RSF district. The subject property has an area of 12,632.4
square feet. The required lot size for parcels in this district is 15,000 square feet. As stated
previously, this lot has 3,158.1 square feet of allowable hard surface space. Alternatively, a
property that meets the 15,000 square -foot lot size requirement would have 3,750 square feet of
Planning Commission
7015 Sandy Hook Circle Variance — Planning Case 2014 -32
October 21, 2014
Page 3 of 4
allowable hard surface space, an amount that is 250 square feet larger than the amount of hard
surface proposed in this variance request (3,499.5 square feet).
The storm sewer within Sandy Hook Circle was installed in 1980 when the area was developed,
and directly discharges into Lotus Lake. The street was overlaid in 2013 and, due to the fully -
developed conditions in the area, storm water treatment features were not installed. The
applicant has proposed to install a rain garden to mitigate for the additional runoff. However,
such a system must be engineered, designed, constructed and properly maintained and could
potentially be filled in the future.
Sca le: S "=tA
Proposed Rain Garden P
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Gravel Parking Area
(312 square feet)
L.0-t- 3
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(3 60 square feet)
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The applicant noted that their "lot is small in square footage compared to most other lots in the
neighborhood." However, upon review, it was found that there are 10 properties within 500 feet
of the subject property that do not meet the 15,000 minimum lot size requirement for the Single -
Family Residential (RSF) district. There are three properties with less square footage and one
property with the same square footage as the subject property (see chart below). All other
properties (21 in total) within 500 feet had a larger lot area.
Planning Commission
7015 Sandy Hook Circle Variance — Planning Case 2014 -32
October 21, 2014
Page 4 of 4
Property
Acres
Square Feet
Property
Acres
S uare Feet
7003 Sandy Hook Circle
0.25
10,890
31 Sandy Hook Road
0.30
13,068
7005 Sandy Hook Circle
0.25
10,890
7004 Sandy Hook Circle
0.30
13,068
7017 Sandy Hook Circle
0.28
12,196.8
7007 Sandy Hook Circle
0.31
13,503.6
7002 Sandy Hook Circle
0.29
12,632.4
7016 Sandy Hook Circle
0.34
14,810.4
7015 Sandy Hook Circle
(Subject Property)
0.29
12,632.4
7018 Sandy Hook Circle
0.34
14,810.4
7020 Sandy Hook Circle
0.34
14,810.4
The neighborhood of the subject property (Colonial Grove at Lotus Lake development) does not
have a history of granting, or even requesting, variances. Within 500 feet of the subject property,
staff could not find any variance requests.
If a variance is granted, the Board of Adjustments and Appeals would need to adopt the
appropriate Findings of Fact and Decision. It would also be recommended that the applicant
work with city staff to mitigate runoff through using rain garden techniques to reduce storm
water into the public system. Furthermore, should the variance be approved, the applicant should
be aware that a driveway permit is required and the structure must comply with City Code.
Specifically, Section 20 -1122 (1) which states that, "driveways shall be setback at least ten feet
from the side property lines" and " beginning 20 feet from the front property line, driveways be
setback a minimum of five feet from the side property line or the distance of the existing
drainage and utility easement on the particular lot or parcel." In addition, if the Board of
Adjustments and Appeals decides to approve the variance, city staff recommends approval be
subject to the following condition: per Section 20 -1122 (4) which states that the parking space
shall be surfaced with bituminous, concrete or other hard surface material as approved by the city
engineer. These materials do not include gravel, which has been purposed by the applicant.
RECOMMENDATION
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. Applicant's Narrative.
4. Land Survey with Proposed Expansion.
5. Hard Cover Calculation Worksheet.
6. Email from Michele McKinney dated October 14, 2014.
7. Affidavit of Mailing of Public Hearing Notice.
pgAplan\2014 planning cases\2014 -32 7015 sandy hook circle variance\staff report 7015 sandy hook c r.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Rick D. & Julie Ann Kolbow for a 2.7 percent variance from the maximum hard
surface coverage requirement (25 percent) to allow a gravel parking area and driveway expansion
on property zoned Single - Family Residential (RSF) — Planning Case 2014 -32.
On October 21, 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 as follows:
Lot 3, Block 3, Colonial Grove at Lotus Lake 2nd Addition, Carver County, Minnesota
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 maximum hard surface coverage requirement is designed to limit storm
water runoff into the city storm water systems. Exceeding this limitation may have a
detrimental effect on the city's natural resources.
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: There is not a practical difficulty of complying with the hard surface coverage
requirement. It has been noted that the property is smaller than the minimum square
footage for the Single - Family Residential District (RSF); however, this is not unique
since other properties in the area are smaller than the 15,000 square -foot minimum. The
subject property still has a two -stall garage and adequate driveway space for parking.
Many homes do not have an additional parking area next to the garage.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The stated intent of the request is for additional parking space.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The difficulty of complying with the hard surface coverage requirement is due
to the property owner wanting to expand their driveway and add a parking area. The
property is smaller than the minimum lot size requirement for the Residential Single -
Family District; however, this is not a unique characteristic within the neighborhood and
it does not inhibit the practical use of the property.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The granting of the variance will not alter the character of the area; however,
there is not a history of granting, or even requesting, variances within the area of the
subject property.
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 -32, dated October 21, 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 -32 for a 2.7 percent hard surface coverage variance to allow a
gravel parking area and driveway expansion on property zoned Single - Family Residential
District."
ADOPTED by the Chanhassen Planning Commission this 21' day of October 21, 2014.
CITY OF CHANHASSEN
BY:
Chairman
2
COMMUNITY COMMUNITY DEVELOPMENT DEPARTMENT nGVWVY w
Planning Division - 7700 Market Boulevard 5EP 19 2014 I C17 OF (
Mailing Address - P.O. Box 147, Chanhassen, MN 55317 j
Phone: (952) 227 -1300 / Fax: (952) 227 -1110 ., -. --
Date Filed: LG - ! C/-/ i 60 -Day Review Deadline: J j — I'A _/ `Y Planner: 25� J_� ! Case
Section 1: Application Type (check all that apply)
❑ 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
❑ Subdivision
❑ 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 .............. ...........................$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)
,ADDITIONAL REQUIRED FEES:
Notification Sign .................. ............................... $2 TOTAL FEES: $ 6®. iso
(city to install and remove) \ `
❑ Property Owners' List within 500'.3!.?(,. $3 per address =I , Received fro rc lAlt if,
(City to generate - fee determined at prcation meeting)
Escrow for Recording Documents .. 5 er document Date Received: ()Cl - tq- 1`+Check Number:`'Eq 1
(CUP /SPRNACNARIWAP /Metes & Bounds Subdivision)
Project Name: C 0 / (7 0 U)
Property Address or Location:
Parcel #:c2S - ;1-400090 Legal Description:
Total Acreage: O .D29 Wetlands Present? ❑ Yes 8(No
Present Zoning: K51-
Present Land Use Designation:
Existing Use of Property:
Description of Proposal:
Check box if separate narrati4e is attached
Requested Zoning: N
Requested Land Use Designation: 5f A-141 tC
Section 3: )Property .Owner and Applicant iinformation
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:
Address:
City /State /Zip:
Email:
Signature: _
Contact
Phone:
Cell:
Fax:
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: 11 1 C- e— ��' LZ Contact:
' , °SZ ' -57 4- r t ¢
Address: 7015 SA"Cv% M�I e4e -1-G Phone:
City /State /Zip �uPr1 U j v a�
� 3l`"] Cell: �tL - ?S °.f — I o0 4'
Email: (�Ko%.6ctw lS (A _(..cal1A Fax:
Signature Date- 1 1
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:
Address:
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�Sectioh : 'Notification)Information
Who should receive copies of staff reports? *Other Contact Information:
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To the City of Chanhassen Planning Department:
We would like to request a variance from the city of Chanhassen to exceed our allowable hardcover to
create an additional parking space next to our existing garage. In the future we plan to add a third stall
garage. While many homes in our Sandy Hook neighborhood have 3 car garages ours is only a 2 car
garage. While reviewing this request we learned our lot is small in square footage compared to most
other lots in the neighborhood. So even though our house footprint is modest or average, adding a
parking spot or third stall puts us slightly over the 25% allowable hard cover.
Today's lifestyle is different than it was when our house was built. Many teens today have their own cars
to get to and from school and the many and various activities they participate in. We now have two
teenage drivers and we feel that it would benefit the neighborhood to keep these vehicles from parking
on the street as much as possible. In addition to being unsightly, cars parked on the street can create
safety issues such as children running into the street from behind a parked car unseen by an
approaching driver. During the winter months from Nov. 1 to April 1 Chanhassen has an ordinance
prohibiting parking on city streets from 1:00 a.m. to 7:00 a.m. This creates a responsibility for all
residents to find room to park their vehicles off the street.
The additional hardcover we are asking for is only 4.8% over the allowable maximum. The layout of our
lot in relationship to the neighbors is such that this additional space should not have any negative
impact on our immediate neighbor on that side or any of our other neighbors.
To mitigate any additional runoff we propose installing a rain garden next to the driveway. We would
use city recommendations for the size and placement of the rain garden.
Thank you for your consideration of this request.
Rick and Julie Kolbow
7015 Sandy Hook Circle
Chanhassen, MN 55317
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Generous, Bob
From: Michele McKinney [mmckinney @firstindustrial.com]
Sent: Tuesday, October 14, 2014 10:47 AM
To: Generous, Bob
Subject: Variance Request for 7015 Sandy Hook Cir. - Chanhassen
City of Chanhassen-
Our neighbors, Rick and Julie Kolbow at 7015 Sandy Hook Cir., have requested a variance for a parking spot next to their
garage. This parking spot would exceed lot coverage allowances by approximately 2 -3 %. We are direct neighbors of
theirs at 7013 Sandy Hook Circle. We wanted to express our support for their alterations to their site in hopes that the
council will approve their improvements. If you have any questions or concerns please feel free to contact me.
Thank you -
Matt and Michele McKinney
Michele McKinney, CID
Space Planner /Designer
First Industrial Realty Trust
10140 West 76th Street
Eden Prairie, MN 55344
952- 852- 7170 /Shortel 12170 Minneapolis Office
952- 942 -8778 fax
www.firstindustrial.com
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
October 9, 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
Bearing for 7015 Sandy Hook Circle Variance Request — Planning Case 2014 -32 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.
4en J. 4De�&ty Clerk
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ALAN C FIELD AMY D VOHS ANDREW J BRANDL LARSEN
7000 SANDY HOOK CIR 31 SANDY HOOK RD 7018 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315 CHANHASSEN, MN 55317 -9312 CHANHASSEN, MN 55317 -9315
BARBARA A BURKE TRUST
7009 CHEYENNE TRL
CHANHASSEN, MN 55317 -7513
CHINH NGOC HUYNH
7005 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
DANIEL P MALTBY
7002 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
GORDON E & JULIE K I HAMPSON
7003 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
JAMES S & M CAROLYN ERNY
7008 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
LEON & MERILU NAREM
20 SANDY HOOK RD
CHANHASSEN, MN 55317 -9312
CHANTHA P & RATHANA M BO
7004 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
CHRISTOPHER J ENGEL
7016 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
DONALD & JUDITH LEIVERMANN
7003 CHEYENNE TRL
CHANHASSEN, MN 55317 -7513
HOLLIE BECKORD
7005 CHEYENNE TRL
CHANHASSEN, MN 55317 -7513
JOHN D & MARGARET A ADIE
7011 CHEYENNE TRL
CHANHASSEN, MN 55317 -7513
LOTUS LAKE BETTERMENT ASSN
105 SANDY HOOK RD
CHANHASSEN, MN 55317 -9580
MARK S & SANDRA L CHRISTENSEN MATTHEW R & MICHELE J
7019 CHEYENNE TRL MCKINNEY
CHANHASSEN, MN 55317 -7513 7013 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
PAUL H LUEHR
7012 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
RICHARD C HEER
50 SANDY HOOK RD
CHANHASSEN, MN 55317 -9312
CHARLES L & KATHERINE J HIRT
7007 CHEYENNE TRL
CHANHASSEN, MN 55317 -7513
CRAIG H & CYNTHIA A WARNER
7006 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
EDWARD N & PEGGY M BENNETT
7017 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
JAMES C MCCLINTICK
7014 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
KENNETH & MERRIE MATSON
61 SANDY HOOK RD
CHANHASSEN, MN 55317 -9312
MARK & TIFFANY ORTNER
7007 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
PATRIC T SHAUGHNESSY
7010 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
RICK D & JULIE ANN KOLBOW
7015 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9315
SCOTT M & MARCIA A HIPPEN STEVEN L COHEN SUE G ADLER
7017 CHEYENNE TRL 7022 SANDY HOOK CIR 103 SANDY HOOK RD
CHANHASSEN, MN 55317 -7513 CHANHASSEN, MN 5 531 7 -931 5 CHANHASSEN, MN 55317 -9580
THOMAS & DOROTHY JAMIESON THOMAS P & PATRICIA PETERSON
30 SANDY HOOK RD 7020 SANDY HOOK CIR
CHANHASSEN, MN 55317 -9312 CHANHASSEN, MN 55317 -9315
Dear Peggy and Ed,
Enclosed is the survey we submitted to the City of Chanhassen for the variance
request. The parking/garage spot is proposed to be 12' wide with the driveway
angled into our existing driveway for access. The set back from your property line
should be 13'.
We now have four vehicles and will soon have four drivers and we feel an extra
spot will be better for both safety and aesthetics. To mitigate additional water
runoff we have proposed adding a rain garden to the north side of the new
driveway which we would maintain. The grass has always been difficult on that
side so the garden should be an improvement.
As part of our addition the excavator will also be creating a swale to the north of
our garage so the water doesn't flow into your yard.
We hope and believe these improvements to our property will help to increase
the value of the houses on our street.
Thank you so much for your consideration and if you have any questions please
let us know.
Thanks,
Julie and Rick
Ed Bennett
From: Peggy Bennett [bnntt2003 @msn.coml
Sent: Wednesday, October 15, 2014 9:00 AM
To: edb @impacticx.com
Subject: Fwd: Kolbow Variance
Sent from my iPad
Begin forwarded message:
From: Julie Kolbow <iuliekolbow(a,gmail.com>
Date: September 23, 2014 at 9:27:19 AM CDT
To: Julie Kolbow <iuliekolbow@.gmai ccom>
Subject: Kolbow Variance
Dear Neighbors,
You will soon be receiving notice from the City of Chanhassen that we have applied for a
variance to add a parking spot next to our garage. We have a two car garage and hope to add
a third stall in the near future. In the mean time we would like an extra parking spot.
Chanhassen has a hardcover limit of 25% of property square footage. We need a hardcover
variance because adding this parking spot plus a driveway exceeds the allowable property
hardcover by 4.8 %. It is about 600 square feet over.
We are also in the process of adding a small addition to the back of our house which is 260
square feet. Because our lot size is small we would still be applying for a variance
regardless of the addition.
To mitigate the extra runoff from this additional hardcover we plan to install a rain garden
next to the driveway.
We hope you will be supportive of these improvements to our property. If you have any
questions or concerns, please let us know.
Thanks,
Rick and Julie Kolbow
October 14. 2014
Re: Zoning Variance Request
7015 Sandy Hook Circle
Chanhassen, MN 55317
Dear Members of the Planning Commission:
We are the immediate neighbor to the North of the above property and request that you
refuse this variance.
As citizens, we rely on the reasoned judgment of the planning commission to evaluate the
necessity of approving these types of variances. The desires of property owners to make
changes to their property to accommodate their personal preferences are understandable,
but must be balanced against the zoning restrictions enforced by the city. These
restrictions are rooted in established, common agreement among the residents of the city
through their representatives, and exist for many good reasons.
The owners' stated purpose in requesting the variance to the hardcover limit is that the
owners' intend to park more vehicles externally and along the side of their garage
(enclosed letter and email) and in direct view of our property, rather in their garage and
driveway as they do today.
Thus, granting a variance will result in creating a `parking lot' appearance as viewed
from our front yard and home entrance (enclosed photos), as well as from other
viewpoints, which does not exist today.
While the hardcover limit is not a limit on vehicles directly, it is a limit on the acceptable
ratio of hard covered parking surface to lot size, and therefore related.
Our home is set back further from the street than the 7015 property, so the visual effects
of this variance would be even more pronounced from our entry and windows.
Moreover, the posted plan shows a `gravel parking space' in addition to a requested
variance for hard cover. This too, by itself and with more vehicles, will detract from the
norms and home values of this community.
The burden of necessity should fall on the variance seekers, not the other property
owners. If their lot is not suitable for their needs, it should not be made so at expense of
others.
Sincerely,
Ed and Peggy Bennett
7017 Sandy Hook Circle,
Chanhassen, MN 55317
Generous, Bob
From: Woodruff /Luehr [woodruffluehr @yahoo.com]
Sent: Wednesday, October 15, 2014 4:15 PM
To: Generous, Bob
Subject: Rick and Julie Kolbow Variance Request
Hello - I'm a neighbor of Rick and Julie Kolbow in Sandy Hook Circle in Chanhassen. I
understand they are seeking a variance from the City's hard cover requirements to add an
extra parking space next to their garage.
I support their request. (I understand the requested variance is only 3% over the current
limit).
Thank you
Kathy Woodruff
7012 Sandy Hook Circle
Chanhassen
Sent from my iphone
1
Generous, Bob
From:
Deborah Engel [engeldl @msn.com]
Sent:
Sunday, October 19, 2014 9:32 PM
To:
Generous, Bob
Subject:
Request for variance at 7015 Sandy Hook Circle
Dear Mr. Generous,
We are writing this letter in support of granting the variance at 7015 Sandy Hook Circle as requested by Rick
and Julie Kolbow.
We live directly across the street from said residence and submit this letter of support in lieu of attending the
public hearing at the Chanhassen Planning Commission Meeting on Tuesday, October 21, 2014.
Thank you for sharing this letter of support with the Commission.
Chris and Debbie Engel
7016 Sandy Hook Circle
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Rick D. & Julie Ann Kolbow for a 2.7 percent variance from the maximum hard
surface coverage requirement (25 percent) to allow a gravel parking area and driveway expansion
on property zoned Single - Family Residential (RSF) — Planning Case 2014 -32.
On November 10, 2014, Chanhassen City Council met at its regularly scheduled meeting to
consider the application. Chanhassen City Council 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 as follows:
Lot 3, Block 3, Colonial Grove at Lotus Lake 2nd Addition, Carver County, Minnesota
4. Variance Findines — 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 maximum hard surface coverage requirement is designed to limit storm
water runoff into the city storm water systems. Exceeding this limitation may have a
detrimental effect on the city's natural resources.
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: There is not a practical difficulty of complying with the hard surface coverage
requirement. It has been noted that the property is smaller than the minimum square
footage for the Single- Family Residential District (RSF); however, this is not unique
since other properties in the area are smaller than the 15,000 square -foot minimum. The
subject property still has a two -stall garage and adequate driveway space for parking.
Many homes do not have an additional parking area next to the garage.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The stated intent of the request is for additional parking space.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The difficulty of complying with the hard surface coverage requirement is due
to the property owner wanting to expand their driveway and add a parking area. The
property is smaller than the minimum lot size requirement for the Residential Single -
Family District; however, this is not a unique characteristic within the neighborhood and
it does not inhibit the practical use of the property.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The granting of the variance will not alter the character of the area; however,
there is not a history of granting, or even requesting, variances within the area of the
subject property.
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 -32, dated October 21, 2014, prepared by Drew Ingvalson, et al, is
incorporated herein.
"Chanhassen City Council denies Planning Case #2014 -32 for a 2.7 percent hard surface
coverage variance for driveway expansion and to allow a gravel parking area."
ADOPTED by the Chanhassen Planning Commission this 10a' day of November, 2014.
CITY OF CHANHASSEN
WN
IQ ui"iFfi1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Rick D. & Julie Ann Kolbow for a 2.7 percent variance from the maximum hard
surface coverage requirement (25 percent)for a driveway expansion and to allow a gravel parking
area on property zoned Single - Family Residential (RSF) — Planning Case 2014 -32.
On November 10, 2014, Chanhassen City Council met at its regularly scheduled meeting to
consider the application. Chanhassen City Council 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 as follows:
Lot 3, Block 3, Colonial Grove at Lotus Lake 2nd Addition, Carver County, Minnesota
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 expand the driveway and allow additional parking on the side of the garage.
This is a common use of properties in this zoning district. Drainage concerns will be
mitigated by reducing storm water runoff with a rain garden.
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: The practical difficulty of complying with the hard surface coverage
requirement is due to the subject lot being smaller than the minimum lot size requirement
in the Single - Family Residential District. This driveway expansion would be permitted
without a variance if the lot met this minimum lot size requirement.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The stated intent of the request is for additional parking space.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The difficulty of complying with the hard surface coverage requirement is due
to small size of the subject lot. The proposed use would be allowed if this lot met the
minimum lot size requirements of the Single - Family Residential District.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The granting of the variance will not alter the character of the area.
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 -32, dated October 21, 2014, prepared by Drew Ingvalson, et al, is
incorporated herein.
DECISION
"Chanhassen City Council approves Planning Case #2014 -32 for a 2.7 percent hard
surface coverage variance to allow a driveway expansion, but not allow the use of gravel on the
parking area subject to the following condition:
The applicant shall work with city staff to mitigate runoff through using rain garden techniques
to reduce storm water into the public system."
ADOPTED by the Chanhassen Planning Commission this I Oa' day of November, 2014.
CITY OF CHANHASSEN
BY:
Chairman
2