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PC Staff Report 11-18-2014L � r CITY OF y � 9HH ASS PROPOSED MOTION: PC DATE: November 18, 2014 CC DATE: December 8, 2014 (if necessary) REVIEW DEADLINE: December 16, 2014 CASE #: 2014 -33 BY: AF, RG, DI, TJ, ML, JM "The Chanhassen Board of Appeals and Adjustments denies the accessory structure variance request, directs the demolition of the expansion and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The property owner is requesting a variance to construct a 38.5 - foot by 48 -foot horse shelter expansion (1,848 square feet) on the existing "pole barn," and an 11- foot by 24 -foot day shelter (264 square feet). LOCATION: 610 West 96"' Street fl�* (NW '/ Sec. 25, Twp. 116, Range 23) APPLICANT: Robert & Christin E. Boecker 610 West 961' Street Chanhassen, MN 55317 PRESENT ZONING: Agriculture Estate District (A -2) 2020 LAND USE PLAN: Residential Low Density (Net density 1.2 — 4.0 units per acre) ACREAGE: 4.28 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 variance to construct a 1,848 square -foot horse shelter and a 264 square -foot day shelter. Currently, the property has 12,706 square feet of accessory structures. The maximum accessory structure area allowed for this property is 1,000 square feet. Approving the applicant's request would put the property at 13,818 square feet of accessory structures. Planning Commission 610 West 96`h Street Variance — Planning Case 2014 -33 November 18, 2014 Page 2 of 5 APPLICABLE REGULATIONS Chapter 20, Article II, Division 3, Variances Chapter 20, Article IX, "A -2" Agricultural Estate District Chapter 20, Article XIII, General Supplemental Regulations Section 20 -904. Accessory Structures The house on the property was originally constructed in 1965. Since then, there have been numerous expansions and remodels to the house. The subject property currently has four accessory structures that have a combined area of 12,706 square feet. Below is a list of accessory structures that have been constructed on the property. 1. In 1986, a permit was issued for the 24' x 40' garage. 2. In 2000, the city issued a permit for a 48' x 72' building. 3. In 2002, the city issued a building permit for a 48' x 100' steel arch storage building. 4. No building permit application can be found for the 36' x 96' "Agricultural Building ". Site Conditions The current zoning ordinance limits detached accessory structures to a maximum of 1,000 square feet. This ordinance limiting the area of accessory structures in Agricultural Districts was adopted in May of 2007 in response to contractors purchasing property and building accessory structures to house their businesses. City Code prohibits the use of accessory structures for home occupations. At the time of the ordinance amendment, there were discussions regarding reasonable requests for structures in excess of 1,000 square feet to be used for a legitimate agricultural use. Minnesota State Statute 17.81 — Definitions, Subdivision 4 defines agricultural use as "use of land for the production of livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural and nursery stock which is under chapter 18H, fruit of all kinds, vegetables, forage, grains, bees, and apiary products. " It was decided after the discussions that requests for accessory structures in excess of 1,000 square -feet would be reasonable if based on a legitimate agricultural use. Proposed Of The stated intended use of the accessory structure to be located on the subject property is for storage of hay and as a horse stable, which is a permitted accessory use. However, the applicant also runs a contracting business for landscaping. Once the building is constructed, it will be difficult or impossible for the city to regulate that the buildings are not used for the commercial business instead of the approved stable use. ANALYSIS The applicant is proposing variance to construct a 38.5 -foot by 48 -foot expansion on the existing "pole barn", 1,848 square -foot horse shelter, and an 11 -foot by 24 -foot, 264 square -foot day shelter. W n Planning Commission 610 West 96h Street Variance — Planning Case 2014 -33 November 18, 2014 Page 3 of 5 The property has four existing accessory structures, a 40.2' x 24.3' garage (964.8 square feet), a 72.2' x 48.1' pole bam (3,472.82 square feet), a 26' x 96' Agricultural Building (2,496 square feet), and a 48' x 100' storage building (4,800 square feet). The proposed building expansion contains large overhead doors on the eastern elevation which repeats the building function of the southern part of the building (see Architectural Plan on next page). Such doors are not necessary for a horse stable and will permit the use of the building for equipment storage consistent with contractor's yards or repair bays for automotive repair. Neither of these uses is permitted in the A -2 district. Architectural Plan In researching the property, staff discovered that a contracting business is associated with this location: RTB Landscaping, Inc. In addition, three other businesses are linked to the property: Boecker Properties, LLC, Cheap Thrills Motorsports and Devaan — Sellers Industries, LLC. Staff reviewed city records to determine if any structures in proximity to the subject site were constructed after the accessory structure limitation was adopted in 2007. In December of 2007, the Planning Commission approved a 177 square -foot variance to exceed the 1,000 square -foot maximum for accessory structures. The variance was to allow for a 452 square -foot addition to an existing 725 square -foot detached garage. In 2012, City Council approved variances for 620 West 96th Street structure to construct a 2,560 square -foot accessory structure, and 720 West 96th Street to reconstruct and expand by 520 square feet an existing accessory structure, which is a 40 -foot by 37 -foot building with a 40 -foot by 8 -foot covered walkway /lean-to area (1,800 square feet total). In 2012, the city denied a request for a 7,120 square -foot accessory structure at 760 West 96111 Street. There was also a structure constructed sometime after 2005, without record of a building permit. It is unclear if this structure was constructed before or after the adoption of the zoning ordinance in 2007. Planning Commission 610 West 96u` Street Variance — Planning Case 2014 -33 November 18, 2014 Page 4 of 5 Accessory Structure Variances in Neighborhood PC 2012 -28, variance PC 2012 -12, variance for a 1,800 PC 2012 -10, variance for 2,560 sq. request fora 7,120 sq. ft. sq. ft. accessory structure approved ft. accessory structure approved accessory structure denied f ! PC 2007 -28, variance for 1,177 sq. ft. accessory structure approved Y Subject Site - Structure constructed after 2005, no permit Planning Commission 610 West 96d' Street Variance — Planning Case 2014 -33 November 18, 2014 Page 5 of 5 As can be seen from the aerial photo on the previous page, this neighborhood has numerous accessory structures in excess of 1,000 square feet. Staff is concerned with the large size of the structure. Between the existing storage building on the property as well as the proposed expansion, what is the appropriate amount of accessory structures necessary for the horse operation? As a comparison, the Degler farm, located on 40 acres at the southeast corner of Lyman Boulevard and Adubon Road, has a total of 38,155 square feet of accessory structures. At what point do the sizes of the accessory structures create a concentration of properties that in the future may be used for business operations rather than storage for agricultural of residential uses? This concern originates from the possibility that home occupations/businesses may be conducted out of accessory structures. Home occupations/businesses are a common cause of complaint from residents. They often create an excess in parking, traffic and noise. As the property is less than ten acres the agricultural exemption from building code requirements does not apply. Building permit(s), plan review and approvals are required for the proposed building. RECOMMMENDATION Staff recommends that the Planning Commission deny the variance request, direct the applicant to demolish the "horse shelter" expansion 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. Letter To Whom It May Concern Stamped Received November 5, 2014. 6. Affidavit of Mailing of Public Hearing Notice. g: \plan\2014 planning cases\2014 -33 610 west 96th street variance\staff report 610 west 96th street variance.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Robert & Christin E. Boecker for a variance from the 1,000 square -foot accessory structure limitation to allow for a 1,848 square -foot horse shelter and a 264 square -foot day shelter on property zoned Agricultural Estate District (A2) — Planning Case 2014 -33. On November 18, 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 Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is as follows: E 155' OF W 1085' S W t/4 NW '/4 EXC: P -22 MNDOT R -O -W PLAT NO 10 -22 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 Agricultural Estate District (A2). The purpose of the request is to exceed the 1,000 square -foot accessory structure limitation to provide a stable and day shelter for horses. The subject property currently has four accessory structures that have a combined area of 12,706 square feet. Upon review, it was discovered that a contracting business is associated with this location: RTB Landscaping, Inc. In addition, three other businesses are linked to the property: Boecker Properties, LLC, Cheap Thrills Motorsports and Devaan — Sellers Industries, LLC. Using accessory structures for non - agricultural uses or residential storage is not keeping in harmony with the general purpose and intent of the A2 district. 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: Currently, the property owners have reasonable use of the subject property within the Agricultural Estate District, A2. The property has 12,706 square feet of accessory structure space available for storage. The addition of a 1,848 square -foot horse shelter and a 264 square -foot day shelter is not reasonable since there is currently sufficiently large accessory structures that can be converted for agriculture uses and storage. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for a horse stable and day shelter. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The owner currently has 12,706 square feet of accessory structure space. There are no circumstances unique to the property that preclude its agricultural use. This does not constitute a unique hardship not created by the landowner since a structures in excess of 1,000 square feet exist on the site. Were all non - agricultural uses removed from the existing structures, sufficiently large structures exist that can be used for a horse stable and day shelter. e. The variance, if granted, will not alter the essential character of the locality. Finding: There are several properties in proximity to the subject property that have accessory structures in excess of 1,000 square feet. These accessory structures were constructed prior to the 2007 ordinance amendment limiting accessory structure size and are considered to be legal nonconformities. The City also granted variances for two structures in excess of 1,000 square feet in 2012. However, this area is guided for residential low density uses in the future. Such uses do not require accessory structures in excess of 1,000 square feet. 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 -33, dated November 18, 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 -33, a variance from the 1,000 square -foot accessory structure limitation to allow a 1,848 square -foot horse stable and 264 square -foot day shelter on property zoned Agricultural Estate District, A2." ADOPTED by the Chanhassen Planning Commission this 185 day of November, 2014. CITY OF CHANHASSEN LM Chairman COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227 -1300 / Fax: (952) 227 -1110 CITY OF CAANHASSEN APPLICATION FOR DEVELOPMENT REVIEW Date Filed: 10 A-1— I 60 -Day Review Deadline: Ia- .Ib --1`i Planner: e & /D I Case #: 0I i- 2 � Section 1: Application Type (check all that apply) I ❑ 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) ZVariance................................ ............................... $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 ........................ ...........................$200 TOTAL FEES: $"T. (City to install and remove) Property Owners' List within 500'......... $3 . per addres > S= Received fromROL -r-y• C&.6L ter' �(City to generate - fee determined at pre - application meetings` , �G scrow for Recording Documents.. $50 per documenT Date Received: to- - C-heek Number:• (CUP /SPRNACNAR/WAP /Metes & Bounds Subdivision) Section 2: Required Information Project Name: BoecC kl � "ORSE SHEL.I EIZ Property Address or Location: 1410 WEST 9 Lo I n s7fLEE'1 C I;ANQ1 \RSSEIJ Parcel #: Legal Description: SEE AT PCktE.D TRX 5TFTEIMEQ-r Total Acreage: L4128 Wetlands Present? ® Yes ❑ No Present Zoning: iA2 Requested Zoning: A2 Present Land Use Designation: LAW -DEQ-S ir( Requested Land Use Designation: LOW - D'EQSiT-( Existing Use of Property: SiWOLE FRM�L:,( (2CSibE.t)c.E Description of Proposal: Z0QiQ(-n V A21 ANCE. TO ALL6 W 1248 SQ FT HOIZSF- SHeL•re2 Check box if separate narrative is attached 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. 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: GAPA G IRS BE(Cu. Contact: Address: City /State /Zip: Email: Signature: _ 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: KOtSER..T 160E -CY—E %-, Contact: 5hME Fax: Address:_ WO WEST Lila S P-EeT Phone: 252- L4ySJ ?H&o City /State /Zip: CRA01fi*6SEQ ) MQ 5S`5\ -1 Cell: X012—`-) t9 -` ,P�Lo Email: Signati Fax: Date: I 0 / 1 In % 2b 1 4 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: City /State /Zip: Contact: Phone: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ® Property Owner Via: ❑ Email ® Mailed Paper Copy Name: ® Applicant Via: ❑ Email IR Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City /State /Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: Zoning variance request Robert and Christin Boecker 610 West 961h Street Chanhassen, MN 55317 We are requesting a zoning variance to allow us to erect an 1848 sq.ft. horse shelter on our A2 parcel of land. We need a variance because the current ordinance (changed in 2007) limits structures to 1000 sq.ft. This is not adequate to properly house our animals, trailer, tack and feed. When we purchased our land in 1997, we proceeded to constructed agricultural style buildings to house our personal property, such as our motor coach, vintage cars, motorcycles and snowmobiles. The ability to construct such buildings and raise animals was a major factor in choosing to purchase our A2 residential low - density property. Which is slated to remain residential low- density per the 2030 comprehensive plan, so a variance in this case is consistent with the 2030 plan. We are now financially ready to take the step into raising and caring for approved animals. Our hopes are that our 2 year old son will develop an interest in raising and caring for animals as he grows older. We think this will be way better for him than Facebook Farmville or some animal app on his future phone The shelter is proposed to be an extension of the existing permitted post frame structure. Therefore it is being constructed of the identical material and by the company that erected the original structure. And seeing that the existing structure fits the aesthetics of the area, the addition will not alter the character of the locality. We have already acquired a fence permit and are in the process of getting a day shelter permit approved by the city. We would like to get the shell of the shelter constructed before it snows, so that we can finish the interior over the winter and be ready for the animals in the spring. We would also like to request the ability to raise llamas, goats or sheep, should we decide to go that route in the future. T you for your time, Robert Boecker Christin Boecker -A�l V oo; •ter,.. Y -Ir 0 lot, It I if 1 � E'�6• i7rt :f Ba e m IJIJi11li� ?4Y :IVI�'):: J. K:1>;r h•'t ^H.H y jii�d �� t# i��'�¢i�.0 mss ai 6 i . is 4 1 i 't r77i io 'a a7 g I f F (� � • 3 92_ al a i � + if�3 • I !& ay i i To whom it may concern. Bob Boecker never had any intent to put animals in the new addition. His intent is to rent out to a individual that has classic cars or car collection that had looked into buyng a garage at the classic car place in west Chanhassen and apparantly they worked out some kind of deal to put this up. It's also my understanding that the southern two bays are rented out to some kind of motorcycle repair shop, cars come and go, even UPS delivers up there. Also I was told he already has a shed or a hoop barn thing that he never pulled a permit for. How did that go through? I do not like complaining but the arraogancy displayed at the block party was enough. He even stated that he knew he would get caught but was hoping that the sides of the building would have been put up first and also that there is no way it's coming down (I got a Lawyer). As one person said he has a mini mall up there. If all this was for his own use no one would have a problem, but he seems to have gone a little extreme this time. He will buy the animals and put up a fence to prove his point but that was never the intent. I do not know if this is any use as I have to remain anonymous. I do not desire any hard feelings or ramifications from some of the neighbors. Some see this as a win if he gets this passed as they can build additional out buildings also. RECE #vFD NOV - 5 2014 CHANHASS F 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 November 7, 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 610 West 96' Street Variance Request — Planning Case 2014 -33 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 swo n to before me this L-44. day of , 2014. Notary Pu lic ,t!«y <, KIM T. MEUWISSEN " Notary Public- Minnesota �B''...... "� MY COMMIWIM Expires Jan 31, 2016 C d 2 c C .y d E 2 £ �? 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'-• « 3 w w m E N 61 >. -_>•>, L' mDC U y 9 c� Ec5 @�nEa$ �(V cM V tij t � Vc oam EF 0.0 a � wd Y E J 'Z, ffi Ud v an H O3° i o t d a - 0 6) N E D .S oEmEm O d Q C c EE mOO E'x mead m °m as .. •• _ N Vi on ° yen °c D o `E O e pd , (E m Q C a m m d ti M 0 •O. - d C d O Em E.E ON @ O O O O .e +" = O J O W Q t m m 11 O T>�v t.VJ Q m c• O CI J D- QO.J N CyU UND:d mNrSL...UU�3�m¢mnmmm ANDREW T RIEGERT DOUGLAS J & REBECCA A DUCHON DOUGLAS L & PAULA JO STEEN 620 96TH ST W 9630 FOXFORD RD 701 96TH ST W CHANHASSEN MN 55317 -8601 CHANHASSEN MN 55317 -8688 CHANHASSEN MN 55317 -8603 GAYLE O & LOIS J DEGLER 541 PINEVIEW CT CHANHASSEN MN 55317 -8697 JAMES & ARLENE J CHURCH 611 96TH ST W CHANHASSEN MN 55317 -8602 JOHN & ANNA MAE MAKELA 8503 OLD TOWNE CT KNOXVILLE TN 37923 -6361 ROGER A & KIMBERLY A LEE 600 96TH ST W CHANHASSEN MN 55317 -8601 THEODORE B & KAREN K HASSE 630 96TH ST W CHANHASSEN MN 55317 -8601 US BANK NA AS TRUSTEE 10790 RANCHO BERNARDO RD SAN DIEGO CA 92127 -5705 HALLA FAMILY LP 6601 MOHAWKTRL EDINA MN 55439 -1029 JAMES H & TERESA O GIUSTI 540 PINEVIEW CT CHANHASSEN MN 55317 -8697 KEVIN L & LORI A BOGENREIF 631 96TH ST W CHANHASSEN MN 55317 -8602 ROGER G NOVOTNY 560 PINEVIEW CT CHANHASSEN MN 55317 -8697 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317 -8695 HALLA FAMILY LP 495 PIONEER TRL CHANHASSEN MN 55317 -4718 JAMES M & TERESA A BYRNE 700 96TH ST W CHANHASSEN MN 55317 -8603 ROBERT & CHRISTIN E BOECKER 610 96TH ST W CHANHASSEN MN 55317 -8601 STEPHEN J & COLEEN M WILKER 621 96TH ST W CHANHASSEN MN 55317 -8602 TIMOTHY J LOWE 601 96TH ST W CHANHASSEN MN 55317 -8602 Chanhassen, MN - Official Website - Zoning Permits Page 1 of 1 Engage your community - connect to news, events and information you care about. View more information sign In i 6 h r -- e ' I i Fl i i i r_.J ..J I i A1�91r U5 RgrCR: -ArJO l s F_,% JTly Li5?_wrl` _%Pj'f5 1) H _7 C?r) f 22 search Chanhassen e Sign permits Chanhassen: Home I Departments I Planning &Zoning I Permits I Zoning Permit Tem°orary satin Zoning Permits Special Event Permits .. _. .. Zoning Permits A Zoning Permit is required for the construction of structures that do not require building permits. The purpose of such a review is to ensure the improvement meets standard zoning requirements such as setbacks, hard surface coverage, structure height, etc. Structures Requiring a Zoning Permit • Sport & tennis courts • Patios & sidewalks • One -story detached accessory structures used as tool or storage sheds, playhouses, and similar uses, no to d 120 square fee in building area • Retaining walls less than four (4) feet in height. • Docks • Agricultural buildings NOTE: An inspection may be required to verify zoning compliance. A minimal fee will be required for inspections, if necessary. Application Procedure Contact City Hall at (952) 227 -1100 and ask to be directed to the appropriate staff member regarding your project. In some cases it may be necessary to meet with city staff in order to receive a thorough review. By submitting a survey and building plans, and simply speaking one- on -one with staff, it is possible to complete a Zoning Permit in a short time frame, usually within a matter of days. Any zonina permit aoolicat'on that fails to meet zoning ordinance requirements will be denied. Once a Zoning Permit is complete AND approved, the documents will be placed in the property's building file. This will stand as proof that the property owner has done their due diligence by ensuring the improvement project complies with Chanhassen City Code. Name: City of Chanhassen Address: 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 Phone: (952) 227 -1100 Fax: (952) 227 -1110 V n. ,,1l By completing a Zoning Permit, you are protecting your interests as a property owner. • Informational Brochure • Zonina Permit Application Form �QC�I�Tj1Yj �O�FQ City of Chanhassen: 7700 Market Blot. I P.O. Box 147 1 Chanhassen, MN 55317 1 (952) 227 -1100 NtijlNfld0011 Home Contact Us site Map Copyright Accesslbiilty Agendas & Minutes Apps staff Only WtIon er Powered W CNkPlus 017YOKHANHASSEN RECEIVED NOV '18 Z014 CHANHASSEN K ANNI NQ DEPT http: / /www.ci .chanhassen.mn.us /index.aspx ?nid =197 9/3/2014 PETITION TO APPROVE 610 W 96TH ST VARIANCE (CASE # 2014 -33)' I, the undersigned, do hereby state that I am a resident of Chanhassen and live within the surrounding neighborhood of 610 West 96`" Street. I do hereby petition to approve the Variance Request for an accessory structure in excess of 1,000 square feet on approximately 4.5 acres of property zoned Agricultural Estate (A -2) and located at 610 West 96th Street. Applicant /Owner: Christin and Robert Boecker - Case # 2014 -33 Date Name Address Signature `� ��° ►� Berri G�iu�i �b I�i��uieC} 6AV u k?411 6 13 / D ky 76-1--17 J3. 1 POIC1y .7L1 W 9Llh J� Gy �`J 9t'111-A 1�k «1�- -- _ 4-- 6 11/ 70C" l(�1111� 1 Gi�t�4 S�l'G�1 -lot I, �j�V 1 �`1 �/1 WI,EiV ,PAS state that I am a resident of Chanhassen and reside at 610 West 96`" Street. Each of the individuals whose names are subscribed to this petition sheet, subscribed the same in my presence on the dates indicated and identified himself or herself to be the individual who signed this sheet. I understand that this statement will be accep @Y%%Was the equivalent of an affidavit and, if it contains a material false statement, shall subject me to the same penalties as if I ha n duly s corn. NOV 18 2014 Date: I � Signature of Witness: CHAP)HASSEN PL ANNIN4 DEPT PETITION TO APPROVE 610 W 96TH ST VARIANCE (CASE # 2014 -33) I, the undersigned, do hereby state that I am a resident of Chanhassen and live within the surrounding neighborhood of 610 West 96th Street. I do hereby petition to approve the Variance Request for an accessory structure in excess of 1,000 square feet on approximately 4.5 acres of property zoned Agricultural Estate (A -2) and located at 610 West 96th Street. Applicant /Owner: Christin and Robert Boecker - Case # 2014 -33 Date Name Address Signature l ///7 Y C,,wy / 6474d<- -7 3 W 26 7!� OIYY OFCHANHASSU, NOV 18 1014 0 1ANHASSEN PLANNINOMPT I, C y- 0-0 , state that I am a resident of Chanhassen and reside at 610 West 96th Street. Each of the individuals whose names are subscribed to this petition sheet, subscribed the same in my presence on the dates indicated and identified himself or herself to be the individual who signed this sheet. I understand that this statement will be accepted for all purposes as the equivalent of an affidavit and, if it contains a material 1 false statement, shall subject me to the same penalties as if I had een duly swo n. Date: ` Signature of Witness: J Kristen, When you stopped by asking for signatures for your shed addition it brought up some memories. Even though I didn't sign your petition, I wanted you to know that I support your project. I just didn't want our names on the petition for two reasons. My husband and I have gone through the variance process with the city. We too were denied approval by the city, but were lucky enough to have the planning commission approve our variance. I really empathized with you for what you have already been through and what you still have ahead of you. I also wanted to tell you about a situation that happened to me. We were required to do a site inspection for the city to complete their report. My husband was out of town so I had to meet with them. I met with Robert Generous of the planning department. At first the inspection seemed fine, but then it took a new tone. He looked at me and said, "You know, there are other ways to get this approved ". I felt very uncomfortable and asked him to leave. I never told my husband about this and I did not attend the planning commission meeting either. The second reason is that we are planning another project that will require a variance and I do not want our names included. I just wanted you to be aware of what happened to me, but again I would like to remain anonymous. Sincerely, Your neighbor 01TY OF CHANHASSEr RECEIVED NOV 18 2014 CHANHASSEN PLANNING DEPT COMPLETE TRANSPARENCY OF USAGE — ALTERNATIVE OPTION. As a last resort to avoid the removal of the existing structure. The owner proposes the following option that addresses the concerns of City Staff. Alter the exterior finish of the structure so that it is not an enclosed structure. Remove all doors windows and a portion of siding from the North and West elevations. The building then becomes an open air canopy space. This would provide complete transparency as to the use of the structure. At any point the city could simply drive by and see how the building is being used. This option still allows for two horse stalls and would eliminate the need for the proposed day shelter. The building would still function to store hay and feed. A horse trailer could still be stored protected from the elements. The structure would also be inspected yearly by the city, as a stable permit is needed each year. This option would not be our first choice, but is acceptable to us as a compromise between parties. BCE F_NP YAU 7 [ ,E WiRTH Ibueby calif *d&M Wan. SpWfiwi0o, or repast was pmpmd �byme or oader myduect "ion a nd&atlamad.WYLicwW Tft Tonal Engmea We `ws offtstawofhf'mnesotL cared K. Larson IkIE. Rw,No. 15847 CITY RECEIVED SEP'. Nov 18 2014 CHANHASSENPVNNING050T rADEWA117 WIE% Dm+r 91DEWALL 1 _- - Eps ® All drawings and content copyright RAM Buildings Inc. Call KAM Bulldings Inc. to obtain copies of this plan. Unauthorized reproduction of these plans Is a violation of federal law. a a i o Y N O m � a m z � w w 0 � N LLJ Ne N U L11 X X LLJ O K1 t0 z O W ll m U W Z Z 0 n G W z z s � � J 0. 0. m O a a gm � AN _E Z m pg p � g u m C 'O