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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 SURVEY FOR :Natm .lnem 8970 Lake Blvd DESCRIBED AS : Rileyr .clmaam.nt»,Hna.�)fm2m:;acrcaz. roars�a lav rt.+ar.�. �t300i4t �� :am. 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Eau w su>xka a cap.+;ea d ma w b w aaaao)a. !' ` a�a>r d )t¢ 54 M£anaby seas) y / 7 -m o t!0 o 2x+21 t2ueq a 2An n'85 w Yet 4 e Mw, J(1 tvOb d 50 t@.M+ i1 2nAS 39 ttRam]f aYl OE IeR eMO r Fence (blue line) runs along lot line of Lyman Boulevard. Starts at 30' corner triangle and runs for 175'. Height of 6.5'. • m473 13 521.218 S.Cl9 � i PROPOSED ELEVATIONS Top of Foondotim -877.0 Gavage Floor =876.6( Dcxe l Flow -868.3 Aorox. Sar" Service Ver.fy Proposed Eley. Existing Elev. — Draolage Dkeetlons = Denotes Offset Stale - WN_ SMACK REWREViNTS tract -' HW." Side -)a Roc• 75 Gorage Side ^3a K& faro y MMY our Bas n A Mt coad:c) WWLUNTATx � NZ arM xWS OF AWW Ns IBD F2C n AS WRVDW I2R-145 HEDLUMD py K 02 LNXR 87 DRYCT SRCA SJav AR:1 a vol PLRP(MT TO SROR •PRGLEl1EVIS W fNGxpA(SiVEVTS fxWpT AS SRpAIc tyac PX€ PIINNINL LYLPN N.3aNII1lNL Od, Som Pr cd, ,22 Eqm, rua 0.5ta3 GATE W AE: RMan :2 (W) a REV �g.T✓—Qg� 1Yv i Y li g1EK 1 a SUR4Ir F. , Wd Fm (b5t) bi-6x06 16v ,_g2/e 97./ 13, �/ IRRCiOTA t1RR5E R CR fU26 T Sheet 1 of 2 Stlw)a 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. � • r `'q'n y p • r 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 !� 1 ! 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.