ApplicationCOMMUNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard CITY OF CHMSEN
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1300 / Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Dale: PC Dater 3 1 i 1 1(0 CC Dale: 3 60 -Day Review Date: 3I II
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
❑ Comprehensive Plan Amendment ......................... $600
❑ Minor MUSA line for failing on-site sewers..... $100
❑ Conditional Use Permit (CUP)
❑ Single -Family Residence ................................ $325
❑ All Others......................................................... $425
❑ Interim Use Permit (IUP)
❑ In conjunction with Single -Family Residence.. $325
❑ All Others......................................................... $425
❑ Rezoning (REZ)
❑ Planned Unit Development (PUD) .................. $750
❑ Minor Amendment to existing PUD ................. $100
❑ All Others......................................................... $500
❑ Sign Plan Review ................................................... $150
❑ Site Plan Review (SPR)
❑ Administrative.................................................. $100
❑ Commercial/Industrial Districts*......................$500
Plus $10 per 1,000 square feet of building area:
( thousand square feet)
Include number of existing employees:
"Include number of new employees:
❑ Residential Districts ......................................... $500
Plus $5 per dwelling unit (— units)
❑ Subdivision (SUB)
❑ Create 3 lots or less ........................................ $300
❑ Create over 3 lots.......................$600 + $15 per lot
(_ lots)
❑ Metes & Bounds (2 lots)..................................$300
❑ Consolidate Lots..............................................$150
❑ Lot Line Adjustment ......................................... $150
❑ Final Plat ..........................................................$700
(Includes $450 escrow for attorney costs)*
`Additional escrow may be required for other applications
through the development contract.
❑
Vacation of Easements/Right-of-way (VAC)........
$300
(Additional recording fees may apply)
❑✓
Variance (VAR) ....................................................
$200
❑
Wetland Alteration Permit (WAP)
❑ Single -Family Residence ...............................
$150
❑ All Others .......................................................
$275
❑
Zoning Appeal ......................................................
$100
❑
Zoning Ordinance Amendment (ZOA).................
$500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
❑✓ Notification Sign (City to install and remove)...................................................................................................................... $200
o�
❑ Property Owners' List within 500' (city bto generate after pre -application meeting) .........................4a �
......................... $3
per address
( 12 addresses)
❑✓ Escrow for Recording Documents (check all that apply)....................................................................... $50 per document
❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement
❑ Vacation ❑✓ Variance ❑ Wetland Alteration Permit
❑ Metes & Bounds Subdivision (3 docs.) m❑ Easements (_ easements)
PK-j�}.a.- -7 TOTAL FEE: $486.00
D G
Description of Proposal: Variance requested from Section 20-1022 "Shoreline Fences" of Chanhassen City Code.
Request to build fence on property along Lyman Blvd of 6.5' in height and 175' in length.
Property Address or Location: 9001 Lake Riley Blvd, Chanhassen, MN 55317
Parcel #: 25.0242630 Legal Description: Section 24 Township 116 Range 023
Total Acreage: 0.98 Wetlands Present? ❑ Yes ® No
Present Zoning: Single -Family Residential District (RSF) Requested Zoning: Single -Family Residential District (RSF)
Present Land Use Designation: Residential Low Density Requested Land Use Designation: Residential Low Density
Existing Use of Property: Single family home.
❑✓ Check box is 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. 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: Ryan and Carolyn Majkrzak Contact: Email or Cell
Address: 9001 Lake Riley Blvd Phone: (952) 855-9780
City/State/Zip: Chanhassen, MN 55317 Cell: (949) 309-0907
Email: ,,,le ryan.ma1KrzaKLgmau.com Fax:.
Date:
IM111.1
This aliplication4Fust be completed in full 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 and fees.
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:
El 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:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required).
SAVE FORM PRINT FORM SUBMIT FORM
VARIANCE APPLICATION CHECKLIST
PROPERTY INFORMATION
Address: 9001 Lake Riley Blvd, Chanhassen, MN 55317
Parcel: 25.0242630
Legal Description: Section 24, Township 116, Range 023
ITEM 1: COMPLETED APPLICATION FORM
Submitted along with this checklist.
ITEM 2: EVIDENCE OF OWNERSHIP OR AN INTEREST IN PROPERTY
Applicants are Ryan and Carolyn Majkrzak, named owners of property per City of Chanhassen and Carver County
records.
ITEM 3: APPLICATION FEE
Submitted along with this checklist.
ITEM 4: PLOT PLAN
Surveyor's Certificate
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ITEM 5: WRITTEN DESCRIPTION OF VARIANCE REQUEST:
Property owners are requesting variance from Section 20-1022 "Shoreline Fences" of Chanhassen City Code. This
section states "Fences to be installed on riparian lots shall have a maximum height of three and one-half feet in the rear
yard (lake side). Request to build privacy fence along Lyman Blvd of 6.5' in height and 175' in length.
ITEM 6: WRITTEN JUSTIFICATION OF HOW REQUEST COMPLIES WITH FINDINGS FOR GRANTING VARIANCE
The purpose of the proposed fence is to provide sound, sight and trespassing protection for the single family home and
side / rear yard. The lot is unique in that the side yard boundary is Lyman Boulevard, a main traffic artery running to the
surrounding residential communities with a 35 mph speed limit. The noise and visual annoyance caused by this road are
a nuisance to the subject property. For example, vehicles traveling southwest on Lyman Boulevard have headlights that
aim directly into subject property's deck and dining area. In addition, individuals have trespassed onto the property
from the Lyman Boulevard boundary to gain access to Lake Riley on multiple occasions. In the summer, people have cut
through the yard to fish off the shoreline (and left trash on the property). In the winter, people have driven
snowmobiles and dragged ice houses across the property.
A fence is the only practical alternative to adequately address these issues. The current line of six 15'-20' tall spruce
trees (shown in aerial map) has proven ineffective at providing sound, sight and trespassing protection. In addition, it
has now been determined that these trees (placed in 2013) are diseased and will need to be removed. A new vegetation
barrier of the thickness needed to address the sound and sight issues is not practical given the slope and shape of the
yard.
The current ordinance only allows for a 3.5' high fence within 75' of the shoreline. The location of the proposed fence is
greater than 75' from the shoreline of Lake Riley, but does come within 75' of a drainage outlet that flows from a
holding pond on the other side of Lyman Boulevard to Lake Riley. A taller (6.5' high) fence is required to provide
adequate sight and sound protection from traffic on Lyman Boulevard. It is especially important because (1) the main
floor of the residence sits at an elevation a few feet higher than Lyman Boulevard and (2) the ground slopes down from
Lyman Boulevard to the location of the proposed fence for much of its length.
The fence would be the minimum length required to meet the objective of sound, sight and trespassing protection from
Lyman Boulevard. It would run along only about one quarter of the property's boundaries.
The fence would not be readily visible from Lake Riley. It would be set back from the shoreline a distance ranging from
85 to 150 feet and would be almost entirely hidden from view by vegetation and the residence. In addition, it would be
of a color that blends in with the surrounding vegetation (brown, tan, etc.). If anything, the ability of residents to enjoy
Lake Riley may be improved as noise and sight pollution from Lyman Boulevard would be reduced.
This request complies with the findings for granting a variance (pursuant to Section 20-58) as follows:
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.
This Variance request is consistent with the general purposes and intent of the chapter:
• The Code allows for a 6.5' tall fence in side and rear yards. This location is a side yard.
• The Code also allows for a 35tall fence in an area within 75' of shoreline.
• Thus, it is established that a fence is reasonable in this situation, it is a matter of the height of the
fence.
• The spirit of the 3.5' height restriction is to not unnecessarily impede the view of the lake. However,
the area that this fence would come within 75' of is a drainage outlet. It would not come within 75'
of what would typically be considered the shoreline of Lake Riley. In addition, there are a number of
trees and shrubs in this area, many with heights that well exceed 6.5'. Thus, the fence would not
stick out amongst the surrounding vegetation.
• There are no neighbors directly across Lyman Boulevard whose view would be affected by a 6.5' tall
fence. The nearest neighbors are in the Reflections neighborhood, over 500 feet away from the
fence and perched up on a hill such that the height of the fence would have no impact on their view.
See Figure below for sightline of nearest neighbors.
• The length of the fence is being kept to the minimum needed to provide sound, sight and
trespassing protection from Lyman Boulevard. The subject property boundaries are approximately
450' along Lyman Boulevard, 80' along Lake Riley Boulevard, 125' adjacent to a neighbor to the
south and 325' adjacent to the city lot to the East. This application is for a fence that runs 175' of
the - 980' non -beachfront perimeter of the lot. Thus, the fence would be present on less than 15%
of the lot's non -beachfront perimeter.
• The fence would be constructed of high quality, durable solid materials (PVC or Trex) with a color
that blends into the natural surroundings (tan, brown, etc.).
• In discussions with city staff (Robert Generous, AICP, Senior Planner and Terrance Jeffery, CWD,
Water Resources Coordinator) the main concern expressed was ensuring adequate access to the
drainage outlet so that City staff can easily perform any required maintenance and repairs. The
property owners are willing to work with the city to ensure an acceptable solution, including
constructing the fence with a gate to allow direct access.
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.
The property owners' reason for the request is to simply be able to enjoy regular residential use of the
property, such as:
• Enjoying use of the side and back yards without excessive noise from Lyman Boulevard (main traffic
artery with 35 mph speed limit).
• Enjoy use of the deck and dining spaces without headlights shining in from Lyman Boulevard.
• Not having to deal with people cutting through the yard to gain access to Lake Riley by foot, on
snowmobile, or dragging ice houses, which has happened multiple times since the property owners
purchased the property in August 2013.
A fence is the only practical alternative to adequately address these issues. The current line of six 15 —20'
tall spruce trees (shown in aerial map) has proven ineffective at providing sound, sight and trespassing
protection. In addition, it has now been determined that these trees (placed in 2013) are diseased and will
need to be removed. A new vegetation barrier of the thickness needed to address the sound and sight
issues is not practical given the slope and shape of the yard.
The property owners are willing to work with city staff to satisfactorily address any potential concerns with
the proposed fence, including constructing the fence with a gate to allow direct access to the drainage
outlet.
c. That the purpose of the variation is not based upon economic considerations alone.
• None of the arguments presented in this summary are based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by the landowner.
The situation is caused by two unique attributes of the property not created by the landowner:
1. The side yard is adjacent to Lyman Boulevard, a main traffic artery running to the surrounding
residential communities with a 35 mph speed limit. If this road was not adjacent to the property's side
yard (for a substantial length of 450 feet), there would not be the same need for sound, sight and
trespassing protection for the property.
2. A drainage outlet flows from a holding pond on the other side of Lyman Boulevard through a culvert
under the road and across the subject property. The drainage outlet is only about 5-10' wide, 1-2' deep,
and is not practically part of Lake Riley. Because the drainage outlet is present, the shoreline setback
restrictions are measured from it. However, if the drainage outlet were not present, the setback would
instead be measured from what would typically be considered the shoreline of Lake Riley. The entire
length of the proposed fence is well over 75 feet from this shoreline, and the 6.5' fence height would be
fully consistent with the Code.
e. The variance, if granted, will not alter the essential character of the locality.
The essential character of the locality will remain unchanged.
• From the Lyman Boulevard side, the height of the fence will be lower than the height of much of the
surrounding vegetation, and the fence will be of a color that blends into the natural surroundings
(tan, brown, etc.).
From the Lake Riley side, the fence will be set back from the shoreline a distance ranging from — 85
to 150 feet and will be almost entirely hidden from view by vegetation and the residence. If
anything, the ability of residents to enjoy Lake Riley may be improved as noise and sight pollution
from Lyman Boulevard will be reduced.
f. Variances shall be granted for earth -sheltered construction as defined in Minnesota Statute 2160.06,
Subd. 14, when in harmony with this chapter.
• Not Applicable.
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CIL
Fence (blue line) runs along lot line of ..,s.
Lyman Blvd. Starts at 30' corner p
triangle and runs for
6.5'. Note that location of lot line is
not correctly represented on this
screenshotfrom Carver County a)
website.
14
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k
Fence (blue line) as viewed from
nearest neighbors in Reflections
neighborhood. Fence does not impact
views from these properties. Note that
actual fence color (brown, tan, etc.)
would blend in with natural
surroundings.