PC Staff Report 18-01PROPOSED MOTION:
"The Chanhassen Board of Appeals and Adjustments approves an 11.5 -foot front yard setback, a
22.1 -foot lakeshore setback, and an 11 percent lot coverage variance, subject to the conditions of
approval and adopts the attached Findings of Facts and Decisions."
(Note: A motion for denial and appropriate findings of fact are also included at the end of the
report.)
SUMMARY OF REQUEST:
The applicant is demolishing a nonconforming single-family home and is requesting a variance
to construct a new single-family residence on the property. The existing use encroaches 22.1 feet
into the required shoreland setback, has a shed that encroaches approximately 6 feet into the side
yard setback, and has 36.36 percent lot coverage. The proposed house would maintain the
existing lake setback, meet the required side yard setbacks, reduce lot coverage to 36 percent,
and require an 11.5 -foot front yard setback variance.
LOCATION: 3617 Red Cedar Point Rd
(PID 256600320)
APPLICANT: Todd and Kristin Jackson
621 Broken Arrow Drive
Chanhassen, MN 55317
OWNER: Patricia Souba
110980 Von Hertzen Cir
Chaska, MN 55318
PRESENT ZONING: RSF
2030 LAND USE PLAN: Residential Low Density
ACREAGE: .23 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
Planning Commission
3617 Red Cedar Point Road — Planning Case 2018-01
January 2, 2018
Page 2 of 11
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
PROPOSAUSUMMARY
The parcel's existing house is over 90 years
old, does not meet the city's minimum
standards for single-family dwellings, and is
in disrepair. This structure is located 52.9 feet
from the lake's ordinary high water setback
and the lot currently has 36.36 percent lot
coverage, largely due to the fact that the front
portion of the lot is covered by gravel parking
area.
The applicant is proposing replacing the
existing structure with a modern home. In
order to this they are requesting a variance to
formalize the existing 22.1 -foot
encroachment into the required shoreland
setback. They are also proposing to remove
the gravel parking area, a shed located within
the western side yard setback, an outdoor
fireplace area, and a concrete walkway in the
rear yard to bring the property more in line
with City Code. Removing the shed will
bring the property's side yard setback into
compliance with City Code. The lot coverage
proposed for the new home, driveway, and
patio area would require an 11 percent lot
coverage variance, a .36 percent reduction
from the existing condition. They are also
requesting an 11.5 -foot front yard setback
variance; since they believe the parcel's size
and existing lake setback make it impractical to construct a house and garage while meeting the
property's 30 foot front yard setback.
The applicant has stated that they believe the requested variances are in line with those granted
by the city in similar circumstances, and they have noted that many properties in the
neighborhoods have structures with similar or small front yard setbacks. They believe the
proposed house will not alter the essential character of the neighborhood, and feel that replacing
much of the existing gravel frontage with vegetation will improve the property's aesthetics.
Planning Commission
3617 Red Cedar Point Road — Planning Case 2018-01
January 2, 2018
Page 3ofII
APPLICABLE REGULATIONS
Chapter 1, General Provisions
Section 1-2, Rules of Construction and Definitions
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article II, Division 4, Nonconforming Uses
Chapter 20, Article Vii. Shoreland Management District
Chapter 20, Article XII. "RSF" Single-family residential district
Section 20-615. Lot requirements and setbacks.
BACKGROUND
County records indicate that the existing structure was built in 1927. The city does not have a
building file for this property, nor does it have any records of any permits associated with this
address.
Throughout the second half of 2017 staff received numerous inquiries from interested parties
about 3617 Red Cedar Point Road. Staff informed individuals interested in the property that a
variance would be likely be required to rebuild on the property. Staff indicated that any variance
request should maintaining the existing shoreland setback and reduce the amount of lot coverage
present on the parcel. Staff indicated that it would consider supporting a front yard variance in
the interest of maintain the existing lake setback, but expressed concerns about the ability of a
shortened driveway to provide onsite parking. Additionally, staff expressed reservations about
the property's ability to accommodate a three -car garage, recommending that a tuck under or
side loading configuration be used.
SITE CONDITIONS
The property is zoned Single -Family Residential and is located within the city's Shoreland
Management District. This zoning district requires lots to be a minimum of 20,000 square feet,
have front yard setbacks of 30 feet, rear yard setbacks of 75 feet from the lake's ordinary high
water level, side yard setbacks of 10 feet, and limits parcels to a maximum of 25 percent lot
coverage. Residential structures are limited to 35 feet in height.
The lot is 9,222 square feet, and currently has 3,353 square feet of impervious surface resulting
in 36.36 percent lot coverage. The existing structure meets the 30 -foot front yard setback and 10 -
foot east side setback, has a shed located approximately four feet from the west side lot line, and
is setback 52.9 feet from the lake's ordinary high water mark. The rear yard also has a 114
square foot fireplace/patio area setback 24 feet from the lake.
Note: A portion of the parcel, 543 square feet, is covered by Red Cedar Point Road which is a
public street. This area is not included in the lot area or lot coverage totals above.
Planning Commission
3617 Red Cedar Point Road — Planning Case 2018-01
January 2, 2018
Page 4 of 11
NEIGHBORHOOD
Red Cedar Point
The plat for this area was recorded in
August of 1913. Over the subsequent
century the City of Chanhassen was
formed, a zoning code was passed, the
zoning code was amended numerous
times, and buildings were built,
demolished, and rebuilt to meet the
standards and needs of the existing
ordinances. Additionally, the
neighborhood's roads were not always
constructed within their designated right
of way. In some areas, this has led to
portions of buildings being located in the
right of way and portions of these roads
being located within residents' property lines. Very few properties in the area meet the
requirements of the city's zoning code, and most properties either are non -conforming uses or
are operating under a variance.
Variances within 500 feet:
78-07 3637 South Cedar Drive: Approved- 19' front setback (garage)
80-08 3629 Red Cedar Point Rd: Approved- 12' front setback, 3' foot side setback, +1.5' side
setback for (chimney), 20' lot width, 40' lot frontage, 13,000 square feet lot area (house)
81-08 3607 Red Cedar Point Rd: Approved- 13.5' lake setback (deck)
83-09 3613 Red Cedar Point Rd: Approved- 12' front setback, 2' side setback, 7' lake setback
(house)
84-18 3707 South Cedar Drive: Approved- 20' front setback (detached garage)
85-20 3624 Red Cedar Point Rd: Approved- 1.2' front setback, 4.8' side setback (detached
garage)
85-27 3701 South Cedar Drive: Approved: 5' front setback, 35' lake setback (house)
87-13 3629 Red Cedar Point Rd: Approved: 12' front setback, 3' side (house)
Planning Commission
3617 Red Cedar Point Road — Planning Case 2018-01
January 2, 2018
Page 5 of 11
88-113605 Red Cedar Point Rd: Approved- 4' E side setback, 2' W side setback, 26' lake
setback (garage, addition intensifying non -conforming)
92-013607 Red Cedar Point Rd: Approved- 1.5' side setback, 14.5' lake setback (addition
expanding non -conforming)
93-06 3618 Red Cedar Point Rd: Approved- 8' side setback, 15' lake setback (deck and porch)
96-04 3705 South Cedar Drive: Approved- 3' side setback, 31' lake setback, 25% LC (house)
02-05 3628 Hickory Rd: Approved- 13' front setback (Hickory), 2' front setback (Red Cedar
Point), 5' side setback (detached garage)
04-07 3637 South Cedar Drive: Approved- 19.25' front setback, 4' lake setback, 15% LC (addition)
06-04 3633 South Cedar Drive: Approved- 22.5' front setback, 15.8' front setback, 2.39% LC
(garage)
08-04 3637 South Cedar Drive: Approved- 20.2' front setback, 8' side setback (house)
09-15 3625 Red Cedar Point Rd: Approved- 15.5' front setback, 6.5' E side setback, 9' driveway
setback, 18.5' lake setback, 12.3% LC, allow one car garage (house)
15-07 3701 South Cedar Drive: Approved- increase existing non -conformity (enclose deck 15' in
lake setback)
15-14 3603 Red Cedar Point Rd: Approved- 20.2' front setback, 17' lake setback (two-story
attached garage)
16-11 3627 Red Cedar Point Rd: Approved- 13.6' lake setback, 4.8% LC (home)
17-09 3622 Red Cedar Point Rd: Approved- Intensify non -conforming by raising garage in side
yard setback (garage)
ANALYSIS
Front Yard Setback
The property's existing structure meets the RSF district's 30 -foot front yard setback; however, the
proposed house would be setback 18.5 -feet from the front lot line, requiring an 11.5 -foot front yard
variance. The city requires front yard setbacks in order to ensure the presence of front yard green
space, preserve the character of its single-family residential districts, and to provide for off street
parking.
Planning Commission
3617 Red Cedar Point Road — Planning Case 2018-01
January 2, 2018
Page 6 of 11
The property's front yard is currently covered by 2,105 -square foot gravel parking area that runs the
entire length of the property and extents past the property's 30 -foot front yard setback. While the
proposed house's expanded foot print and driveway will occupy about half of the space currently
covered by gravel, the other half will be replaced with vegetation. Converting the gravel are to green
space will represent an improvement to the property's aesthetic.
The applicant is requesting a reduced front yard
setback because they feel that it is not possible to fit a
modern house and garage on a substandard lot while
maintaining the existing shoreland setback without
relief from the front yard setback. Given the lot's
average depth of 122 feet, if the applicant maintained
the existing shoreland and front yard setback they
would be restricted to combined home and garage
depth of approximately 39 feet. The proposed house
and garage have a maximum depth of 47 feet and
minimum depth of approximately 41 feet. The
applicant has stated that it is not practical to construct
a shallower house, due to the proposed home's tuck
under garage. The applicant chose to propose a tuck
under configuration based upon staff recommendation
and preference for a front yard variance as opposed to
the side yard variances that would be required for
other attached garage configurations.
The applicant's proposed front yard setback of 18.5
feet is consistent with a line drawn across the front of
the property connecting the comers of the adjacent
homes. When examining properties within 500 feet of
3617 Red Cedar Point Road, staff found that 13 of the
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25 properties have received a variance from the required front yard setback. As the table below
shows, six of those properties were allowed front yard setbacks of less than 11 feet, and a further
four variances were granted allowing front yard setbacks of between 14 and 18 feet. Additionally,
the neighborhood has numerous nonconforming properties with similarly short front yard setbacks.
The request 18.5 -foot front yard setback is in line what is present in this neighborhood.
Planning Commission
3617 Red Cedar Point Road — Planning Case 2018-01
January 2, 2018
Page 7 of 11
Front Yard Setback Variances Granted with 500'
of 3617 Red Cedar Point Road
Closest Structure
Front Yard Variance Distance from lot line
Garage
1.2 feet
28.8 feet
Garage
2 feet
28 feet
House
5 feet
25 feet
House
12 feet
18 feet
House
12 feet
18 feet
House
12 feet
18 feet
House
15.5 feet
14.5 feet
Garage
19 feet
11 feet
Addition(Home)
19.25 feet
10.75 feet
Garage
20 feet
10 feet
House
20.2 feet
9.8 feet
House
20.2 feet
9.8 feet
Garage
22.5 feet
7.5 feet
The final consideration in considering an appropriate front yard setback is the ability of driveway to
provide for off street parking. The impact that the reduced front yard setback has on this is amplified
by the fact that Red Cedar Point Road encroaches between 8.29 and 8.63 feet onto the applicant's
property resulting in a driveway that is approximately 10 feet long at its shortest point and about 16
feet long at its longest. Staff is concerned that the short driveway length will not facilitate off street
parking, but acknowledges that many properties in the area have comparably short driveways.
Lot Coverage
The city's requires a minimum lot area of 20,000
square feet for riparian properties and limits these
properties to 25 percent lot coverage. The applicant's
lot is substandard with a lot area of 9,222 square
feet. The property currently has a lot coverage of
36.36 percent, or 3,353 square feet. When owners
propose improvements to properties that have
nonconforming lot coverage, the policy is that the
existing nonconformity must be reduced; however,
there is no formal rule stating how much of a
reduction must occur.
In this case, the owner is proposing to reduce the
property's existing lot coverage by 34 square feet, a
.36 percent reduction. When considering what lot
coverage is appropriate, both the percentage of lot
coverage compared to the district's standard and the
absolute square footage of lot coverage present on
the property should be considered. A non -riparian lot
M Road - Proposed L.C, - Removed LC
Planning Commission
3617 Red Cedar Point Road — Planning Case 2018-01
January 2, 2018
Page 8 of 11
meeting the RSF district's 15,000 square -foot minimum is allowed up to 3,750 square feet of
impervious surface. Lots zoned residential low and medium density and meeting the minimum size
of 9,000 square feet are entitled to up to 3,150 square feet of lot coverage. These totals provide an
indication of what the city considers to be reasonable minimum maximums for single-family
residential lot coverage. The 3,319 square feet proposed by the applicant is roughly between those
totals; however, the city has limited lot coverage to totals below those thresholds, especially in areas
with stormwater management issues or which are adjacent to water resources.
In evaluating these requests staff looks at the extent to which the proposed amount of lot coverage
and any associated stormwater best management practices will represent an improvement to
property's existing conditions. A 34 square -foot reduction in the property's lot coverage is not in
and of itself a meaningful improvement to the property's existing conditions, and if no other
measures are taken to reduce impervious surface or improve stormwater management staff does not
recommend approving the variance with the proposed lot coverage.
Staff believes that the applicant can improve the property's stormwater management while retaining
the proposed lot coverage by utilizing permeable pavers for the proposed driveway and patio, by
installing a 20 feet buffer along the lake, and by working with the Minnehaha Creek Watershed to
identify and implement a shoreline restoration project to improve ecosystem health and function.
Staff recommends that if a variance for the proposed lot coverage is granted, the three
aforementioned items be made conditions of approval.
Shoreland Setback
The city's shoreland overlay district requires a 75 -foot setback
for properties located along Lake Minnewashta; however, the
existing primary structure has a 52.9 -foot setback from the
lake. Since the applicant is proposing demolishing the existing
structure and building wider structure within the lake setback,
a variance is required. Due to the fact that the property has an
average depth of 122 feet, requiring the new home to meet the
75 -foot shoreland setback would provide the applicant with a
very constrained buildable area.
These situations are fairly common in the city's older lakeside
neighborhoods, and the city's practice has generally been to
use the property's existing lake setback to determine what
shoreland setback is reasonable. Within 500 feet of the
property shoreland setback variances of up to 35 feet have
been granted to facilitate the construction of homes, and a total
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issued. The properties to the East and West of the parcel have respective lake setbacks of 54.6 feet
and 61.4 feet. The proposed lake setback of 52.9 feet is line with city precedent and similar to the
setback maintained by the adjacent properties.
Planning Commission
3617 Red Cedar Point Road — Planning Case 2018-01
January 2, 2018
Page 9 of 11
Staff is concerned that significantly increasing the size of the structure and amount of impervious
surface within the shoreland setback will increase the amount of stormwater runoff being diverted
into Lake Minnewashta. Staff believes that requiring the rear patio discussed below to be
constructed using permeable pavers and requiring the installation of a 20 -foot buffer between the
home and the lake will serve to mitigate this impact.
The applicant is also proposing a rear patio which will be setback approximately 41 feet from the
lake. Since the City Code allows for lakefront properties to have one water oriented accessory
structure of up to 250 square feet with a minimum setback of 10 -feet from the lake's ordinary high
water level, no variance is required for the patio's encroachment into the shoreland setback. The
applicant has agreed that the patio will be the property's only water oriented accessory structure,
and will be removing the existing fireplace area which is setback approximately 24 feet from the
lake.
Impact on Neighborhood
Red Cedar Point is one of the oldest neighborhoods in the city. Many of its properties are non-
conforming uses, and 16 of the 25 properties within 500 feet of 3617 Red Cedar Point Rd have been
granted at least one variance. Of these 16 properties, 13 have a variance are for reduced front yard
setbacks, five have been granted addition lot coverage, and 11 were permitted a reduced shoreland
setback. Many of the nine properties which do not have a variances also have nonconforming lot
coverage, front yard setbacks, and shoreland setbacks.
The height of the proposed house is higher than that of surrounding properties, but it does meet the
guidelines established by the City Code. The existing housing stock is a mix between older single
level homes and more recent two-story homes. Due to the unique constraints posed by each lot and
the changes in architectural trends over the decades, the housing in this area is a fairly eclectic mix.
SUMMARY
The applicant's proposed shoreland setback maintains the existing distance to the lake and
granting it would be consistent with how similar requests have been treated in the past. The
Planning Commission
3617 Red Cedar Point Road — Planning Case 2018-01
January 2, 2018
Page 10 of 11
requested lot coverage variance represents a very minimal reduction of an existing
nonconformity, but if pervious pavers are utilized and a buffer is installed along the lake, the
property's stormwater management will be significantly improved. The proposed front yard
setback will result in a very short driveway and a limited ability to accommodate onsite parking,
but it is consistent with the surrounding properties and what has historically be allowed within
the neighborhood. Staff recommends approval of the proposed variances with conditions.
RECOMMENDATION
Staff recommends that the Planning Commission approves an 11.5 -foot front yard setback, a
22.1 -foot lakeshore setback, and an 11 percent lot coverage variance, subject to the conditions of
approval and adopts the attached Findings of Facts and Decisions:
1. The applicant must apply for and receive a building permit.
2. A title search for the property should be conducted to ensure any/all existing
easements are documented
3. A new 1" = 20' scale survey should be provided as part of the building permit
application clearly showing the propose setbacks and lot coverage for the proposed
house and structures.
4. At least one tree must be planted in front yard, if one is not present after construction.
5. Tree protection fencing must be properly installed at the edge of the grading limits
across the entire south side. This must be done prior to any construction activities
and remain installed until all construction is completed. Any trees lost to construction
activities beyond those indicated in the tree removal plan shall be replaced.
6. No equipment may be stored within the tree protection area.
7. Appropriate tree protection measures must be taken to protect the rear yard ash from
EAB.
8. The 162 square foot rear patio area is understood to be the property's water oriented
structure.
9. Lot coverage may not exceed 3,319 square feet.
10. The proposed rear patio and driveway areas must be constructed using pervious paver
systems.
11. A permanent 20 -foot native vegetated buffer must be installed along the shoreline
using species native to the ecotype with permanent buffer monuments. The buffer
may work around the path and stairs. The buffer must be designed and installed by an
experienced professional in native shoreline restoration. Design plan must be
approved by the Water Resources Coordinator.
12. The property owner must work with Minnehaha Creek Watershed District to identify
and implement any shoreline restoration projects that would improve ecosystem
health and function. Replace riprap with bioengineering solutions is one example.
Planning Commission
3617 Red Cedar Point Road — Planning Case 2018-01
January 2, 2018
Page 11 of 11
Should the Planning Commission deny the variance request, it is recommended that the planning
Commission adopt the following motion and attached Finding of Fact and Decision:
"The Chanhassen Board of Appeals and Adjustments denies a variance request to allow an 11.5 -
foot front yard setback, a 22.1 -foot lakeshore setback, and an 11 percent lot coverage variance,
and adopts the attached Findings of Facts and Decisions."
ATTACHMENTS
1. Finding of Fact and Decision Approval
2. Finding of Fact and Decision Denial
3. Development Review Application
4. Tree Removal Plan
5. WRC Memo on 3617 Red Cedar Point
6. ERS Memo on 3617 Red Cedar Point
7. ENG Memo on 3617 Red Cedar Point
8. Public Hearing Notice Mailing List
9. Notes of Resident's Concerns
10. Variance Document
6:\PLAN\2018 Planning Cases\18-01 - 3617 Red Cedar Point Road - VAR\Staff Report -3617 Red Cedar Point Rd_PC.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Todd and Kristin Jackson for an 11.5 -foot front yard setback, a 22.1 -foot
lakeshore setback, and an 11 percent lot coverage variance on a property zoned Single Family
Residential District (RSF) - Planning Case 2018-01
On January 2, 2018 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:
Lot 9, Block 4, Red Cedar Point Lake Minnewashta
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 intent of the city's shoreland management ordinance is to protect the city's
aquatic resources by requiring structures to be setback 75 feet from lakes and limiting the
maximum lot coverage permitted within 1,000 feet of a lake to 25 percent. The setback
and lot coverage limitation is designed to minimize the amount of stormwater runoff that
is discharged into the lake. The applicant's proposal calls for maintaining the existing
nonconforming lake setback and slightly reducing the existing lot coverage. Staff
believes that by using pervious pavers, installing a vegetative buffer, and working with
the watershed district to conduct a shoreline restoration project the proposed home's
impact on Lake Minnewashta will be minimized. Given the existing nonconforming
nature of the property and the BMPs being required as conditions of approval for the
variance, staff believes that the applicant's proposal balances protecting the lake and
allowing for reasonable use on a nonconforming property.
The city's zoning code requires a minimum front yard setback of 30 feet in order to
provide for greenspace and a consistent neighborhood aesthetic. The applicant's proposed
reduction the front yard setback is in conjunction with the removal of an existing
driveway that occupies most of the front yard and is similar to the front yard setback
maintained by other homes in the neighborhood. For these reasons, the requested front
yard setback in harmony with the chapter's intent of providing for greenspace and a
consistent neighborhood aesthetic.
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 lot's substandard size combined with the required front and lake setbacks
mean a reasonably sized home could not be constructed on the property without a
variance.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is located in an older subdivision and the existing structure does
not conform to the current zoning code. The parcel is significantly smaller than the
minimum size required for riparian lots zoned RSF. The substandard nature of the lot
makes it impossible to construct a single-family home meeting the current zoning code.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The property is located in one of the city's oldest subdivisions. The vast
majority of the properties within 500 feet of the parcel either have received variances or
are nonconforming uses. The existing housing stock is a mix between older single level
homes and more recent two-story homes. Due to the unique constraints posed by each lot
and the changes in architectural trends over the decades, the housing in this area is a fairly
eclectic mix.
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 #2018-01, dated January 2, 2018, prepared by MacKenzie Walters, is
incorporated herein.
2
DECISION
"The Chanhassen Board of Appeals and Adjustments approves an 11.5 -foot front yard
setback, a 22.1 -foot lakeshore setback, and an 11 percent lot coverage variance, subject to the
following conditions:
1. The applicant must apply for and receive a building permit.
2. A title search for the property should be conducted to ensure any/all existing
easements are documented
3. A new 1" = 20' scale survey should be provided as part of the building permit
application clearly showing the propose setbacks and lot coverage for the proposed
house and structures.
4. At least one tree must be planted in front yard, if one is not present after construction.
5. Tree protection fencing must be properly installed at the edge of the grading limits
across the entire south side. This must be done prior to any construction activities
and remain installed until all construction is completed. Any trees lost to construction
activities beyond those indicated in the tree removal plan shall be replaced.
6. No equipment may be stored within the tree protection area.
7. Appropriate tree protection measures must be taken to protect the rear yard ash from
EAB.
8. The 162 square foot rear patio area is understood to be the property's water oriented
structure.
9. Lot coverage may not exceed 3,319 square feet.
10. The proposed rear patio and driveway areas must be constructed using pervious paver
systems.
11. A permanent 20' native vegetated buffer must be installed along the shoreline using
species native to the ecotype with permanent buffer monuments. The buffer may
work around the path and stairs. The buffer must be designed and installed by an
experienced professional in native shoreline restoration. Design plan must be
approved by the Water Resources Coordinator.
12. The property owner must work with Minnehaha Creek Watershed District to identify
and implement any shoreline restoration projects that would improve ecosystem
health and function. Replace riprap with bioengineering solutions is one example.
ADOPTED by the Chanhassen Planning Commission this 2nd day of January, 2018.
CITY OF CHANHASSEN
Andrew Aller - Chairman
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(DENIAL)
IN RE:
Application of Todd and Kristin Jackson for an 11.5 -foot front yard setback, a 22.1 -foot
lakeshore setback, and an 11 percent lot coverage variance on a property zoned Single Family
Residential District (RSF) - Planning Case 2018-01
On January 2, 2018 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:
Lot 9, Block 4, Red Cedar Point Lake Minnewashta
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 zoning code's shoreland overlay district was enacted to protect the city's
aquatic resources. Allowing the applicant to exceed the districts 25 percent lot coverage
limit and increase the extent of the nonconformity within the required 75 -foot shoreland
setback area increases the amount of runoff that will be directed to Lake Minnewashta
and is contrary to the intent of the ordinance.
The City Code allows for owners to improve their properties in ways that reduce an
existing nonconformity. Increasing the size and amount of structure located within the
shoreland setback increases, rather than decreases the existing nonconformity. The
proposed reduction to the property's impervious surface does not meaningfully improve
the property's stormwater management. Increasing and maintaining nonconformities is
not in line with the intent of the Chapter.
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 lots substandard size combined with the required front and lake setbacks
mean a reasonably sized home could not be constructed on the property without a
variance; however, the requested variances significantly exceed the minimum variances
needed for the construction of a reasonably sized home.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is located in an older subdivision and the existing structure does
not conform to the current zoning code. The parcel is significantly smaller than the
minimum size required for riparian lots zoned RSF. The substandard nature of the lot
makes it impossible to construct a single-family home meeting the current zoning code.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The proposed home is larger than those located on the surrounding properties,
and deviates for the general lake home aesthetic present in the community.
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 #2018-01, dated January 2, 2018, prepared by MacKenzie Walters, is
incorporated herein.
2
DECISION
"The Chanhassen Board of Appeals and Adjustments denies a variance request to allow
an 11.5 -foot front yard setback, a 22.1 -foot lakeshore setback, and an 11 percent lot coverage
variance."
ADOPTED by the Chanhassen Planning Commission this 2nd day of January, 2018.
CITY OF CHANHASSEN
M
Andrew Aller - 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 CNANAASSEN
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: 12 PC Date: ) 2 CC Date: Z% 60 -Day Review Date: b
Section 1: Application Type (check all that apply)
(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)
(_ lots)
❑ Single -Family Residence ................................
$325
❑Metes & Bounds (2 lots)..................................$300
❑ All Others.........................................................
$425
❑
Interim Use Permit (IUP)
❑ Lot Line Adjustment.........................................$150
❑ In conjunction with Single -Family Residence..
$325
❑ Final Plat ..........................................................$700
❑ All Others.........................................................
$425
❑
Rezoning (REZ)
Additional escrow may be required for other applications
❑ Planned Unit Development (PUD) ..................
$750
❑ Minor Amendment to existing PUD .................
$100
$300
❑ All Others.........................................................
$500
❑
Sign Plan Review...................................................$150
Variance (VAR) ....................................................
❑
Site Plan Review (SPR)
Wetland Alteration Permit (WAP)
❑ Administrative ..................................................$100
❑ Single -Family Residence ...............................
$150
❑ Commercial/Industrial Districts*......................$500
❑ All Others .......................................................
$275
Plus $10 per 1,000 square feet of building area:
Zoning Appeal ......................................................
( thousand square feet)
❑
Zoning Ordinance Amendment (ZOA).................
*Include number of existing employees:
*Include number of new employees:
❑ Residential Districts .........................................
$500
Plus $5 per dwelling unit (_ units)
❑✓ Notification Sign (City to install and remove) .....
❑
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.
.......................................................................... $200
❑✓ Property Owners' List within 500' (City to generate after pre -application meeting) .................................................. $3 per address
26
❑ Escrow for Recording Documents (check all that apply) .................................... ( ..2.....a..d.... dresses.) ........ $50 per document
El Conditional Use Permit ❑ Interim Use Permit
E3 Vacation ❑ Site Plan Agreement
❑ Variance ❑ Wetland Alteration Permit
❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_easements)
TOTAL FEE:
ISection 2: Required Information
Description of Proposal:
Property Address or Location:
Parcel #: 256600320
Legal Description:
Total Acreage: 023 Wetlands Present? ❑ Yes ❑ No
Present Zoning: Single -Family Residential District (RE] Requested Zoning: Select One
Present Land Use Designation: Residential Low DensS Requested Land Use Designation: Select One
Existing Use of Property: Detached Single Family
3617 Red Cedar Point Rd
Block 4 Lot 9 Red Cedar Point Lake Minnewashta
❑Check box if separate narrative is attached.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1130 / Fax: (952) 227-1110
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
CITY OF CHANHASSEN
Please review and respond no later than the review response deadline
Agency Review Request Date:
Agency Review Response Deadline:
Date Application Filed:
December 6, 2017
December 21 2017
December 1, 2017
Contact:
Contact Phone:
Contact Email:
MacKenzie Walters
952-227-1132
mwalters@ci.chanhassen.mn.us
Assistant Planner
❑
US Fish & Wildlife
Planning Commission Date:
City Council Date:
60 -Day Review Period Deadline:
January 2, 2018 at 7:00 p.m.
January 22, 2017 at 7:00 p.m.
Januar 30, 2018
Application:
®
®
Forester
Park Director
Request to consider variances for hard cover, lake set back and front setback for property located at 3617 Red Cedar Point
Road and zoned Single Family Residential- RSF . Owner: Patricia Souba. A licant:
Todd & Kristin Jackson.
Plannin Case: 2018-01
Web Pa e, www.ci.chanhassen.mn.us/2018-01
In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and
City Council. Your cooperation and assistance is greatly appreciated.
City
Departments:
Federal Agencies:
Adiacent Cities:
❑
®
Attorney
Building
❑
Army Corps of Engineers
❑
Chaska
®
Official
Engineer
❑
US Fish & Wildlife
❑
Eden Prairie
®
Fire Marshal
Watershed Districts:
❑
❑
Jackson Township
Minnetonka
®
®
Forester
Park Director
❑
Carver County W MO
❑
Shorewood
®
Water Resources
❑
Lower MN River
❑
Victoria
❑
Law Enforcement
®
❑
Minnehaha Creek
Riley -Purgatory -Bluff Creek
Adiacent Counties:
Carver County Agencies:
❑
Hennepin
ElCommunity
Development
Utilities:
El
Scott
El
Engineer
ED
Cable TV — Mediacom
ElEnvironmental
Services
ElElectric
— Minnesota Valley
School Districts:
❑
Historical Society
❑
Electric — Xcel Energy
❑
Eastern Carver County 112
❑
Parks
❑
Magellan Pipeline
❑
Minnetonka 276
❑
Soil & Water Conservation District
❑
Natural Gas — CenterPoint Energy
❑
Phone — CenturyLink
Other Agencies:
State Agencies:
❑
Hennepin County Regional Railroad
❑
Board of Water & Soil Resources
Authority
❑
Health
❑
MN Landscape Arboretum
❑
Historical Society
❑
SouthWest Transit
❑
Natural Resources -Forestry
❑
TC&W Railroad
❑
Natural Resources -Hydrology
❑
Pollution Control
❑
Transportation
7\ i! ? !\ /�/! � \ � � � :
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MEMORANDUM
TO: MacKenzie Walters, Assistant City Planner
FROM: Vanessa Strong, Water Resources Coordinator
DATE: December 20, 2017
SUBJ: Variances for 3617 Red Cedar Point Road
In response to
We are requesting the following variances on the property:
1. 10.9% hard cover variance
2. 22.1ft. lake set back variance
3. 18.5 ft. front yard setback from property line to the NE garage corner
Justifications for the variances:
1. The lot is sub standard.
2. We will be removing an old structure and building a new home.
3. Increased tax base for the city.
4. We will reduce the current hard cover by 44 sq ft.
5. Current homes in the neighborhood have similar variances that we are applying for and
therefore this helps justify the variances.
6. We will not alter the essential character of the neighborhood.
7. We will be bringing the side setback into compliance by removing the outhouse.
Variance requests 1 and 2 (impervious surface, and lake setback) are water resource based variances.
None of the justifications for variances addresses impacts to the health of Lake Minnewashta. What
impact does exceeding impervious surface by 10.9%, and significantly reducing lake setback have on the
water quality and ecosystem function of Lake Minnewashta? The applicant has not addressed these
primary issues. Allowing such a significant impervious surface overage to continue without addressing
these issues sets a dangerous precedent.
In response to
"Our plan is to build a single family home (plans attached) that will improve the neighborhood from an
aesthetics and tax base standpoint."
A 22.1' reduced lake setback, and 10.9% impervious surface overage impairs the health of Lake
Minnewashta. A 44 sf reduction in impervious provides no measurable water quality benefit. Lakes with
low water quality and ecosystem function reduce property values. They significantly reduce
neighborhood aesthetic.
In summary
Water Resources staff does not recommend approval of the variance for the following reasons:
Water resource justifications must be provided for water resource variances. A variance application for
this lakefront property must be shown to Improve and protect Lake Minnewashta to the maximum
extent possible including:
1. A permanent 20' native vegetated buffer must be installed along the shoreline using species native to
the ecotype with permanent buffer monuments. The buffer may work around the path and stairs. The
buffer must be designed and installed by an experienced professional in native shoreline restoration.
Design plan must be approved by the Water Resources Coordinator.
2. The property owner must work with Minnehaha Creek Watershed District to identify and implement
any shoreline restoration projects that would improve ecosystem health and function. Replace riprap
with bioengineering solutions is one example.
3. Attempt to achieve 25% impervious surface coverage through reduction of any unnecessary
impervious surface (driveway, sidewalk, patio etc.) through the use of pervious paver systems.
6
MEMORANDUM
TO: MacKenzie Walters, Assistant Planner
FROM: Jill Sinclair, Environmental Resources Specialist
DATE: January 2, 2018
SUBJ: 3617 Red Cedar Pt Rd, Variances to construct a home
The lot has a number of existing mature trees in the rear yard. To mitigate the impervious
surface coverage for the lot, all trees within the rear yard must be protected and preserved. To
protect the trees during construction, the following practices are required:
Tree protection fencing must be properly installed at the edge of construction. This must
be done prior to any construction activities and remain installed until all construction is
completed.
• When excavating near the tree, roots should be cut by hand or a vibratory plow to avoid
ripping or tearing the roots.
• No equipment or materials may be stored within the tree protection area/rear yard.
Additionally, as required by city ordinance, one tree will be required to be planted in the front
yard.
Recommendations:
i. Tree protection fencing must be properly installed at the edge of the grading limits across the
entire south side. This must be done prior to any construction activities and remain installed
until all construction is completed. Any trees lost to construction activities shall be replaced.
2. No equipment may be stored within the tree protection area.
3. Appropriate tree protection measures must be taken to protect the rear yard ash from EAB.
MEMORANDUM
TO: MacKenzie Walters, Assistant Planner
FROM: George Bender, Assistant City Engineer
DATE: December 18, 2017
SUBJ: Multiple Variance Requests for 3617 Red Cedar Point Rd
Planning Case: 2018-01
The requested variances have been reviewed and the following comments were noted:
• A title search for the property should be required in order to document all existing easements.
• The plan should define the removal of the existing gravel rather than only noting the intent in the letter.
The plan should detail the driveway clearly. Some of the dimensioning is difficult to read.
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
December 21, 2017, 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 a request
consider variances for hard cover, lake set back and front setback for property located at
3617 Red Cedar Point Road and zoned Single Family Residential (RSF). Owner: Patricia
Souba. Applicant: Todd & Kristin Jackson 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 sworn to before me
this - day of U(e4bli —12017
N ary Public
Kim . Meuwissen, Depu CI k
"' a JENNIFER ANN POTTER
Notary Public -Minnesota
Aly Commission EVkes inn 37, 2o2o
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MacKenzie Walters' notes from conversation with Debby Lockhart, resident living at 3618 Red Cedar
Point, on 12/11/2017. The resident has asked that these notes be entered into the public record and
distributed to the members of the Planning Commission.
Ms. Lockhart expressed the following concerns regarding the proposed variance for 3617 Red Cedar
Point:
1) She stated that the property does have a bathroom, and the "outhouse" has been used for ski
storage ever since the property was connected to city services.
2) She believes that proposed house is oversized for the lot in question, and feels that the variances
granted for other new homes in the region kept the houses appropriately scaled to their lots.
3) She is concerned about the amount of impervious surface that is required to accommodate the
proposed house.
4) She feels that the site cannot accommodate a three -car garage, and that a two -car garage would be
more appropriate given the size of the lot.
5) She does not think that height, size, and design of the house fit with the `lake home" character of
the neighborhood.
6) She asked that it be noted that the snowplow currently uses the property's gravel area to complete
a turnaround maneuver, and is concerned about the logistics of snow removal for the area if the
house is constructed as proposed.
7) She is concerned that tree in the front yard is being removed but no replacement tree is shown in
the proposal.
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2018-01
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves an 11.5 -foot front yard
setback, a 22.1 -foot lakeshore setback, and an 11 percent lot coverage variance.
2. Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 9, Block 4, Red Cedar Point Lake Minnewashta.
3. Conditions. The variance approval is subject to the following conditions:
1. The applicant must apply for and receive a building permit.
2. A title search for the property should be conducted to ensure any/all existing
easements are documented
3. A new 1" = 20' scale survey should be provided as part of the building permit
application clearly showing the propose setbacks and lot coverage for the proposed
house and structures.
4. At least one tree must be planted in front yard, if one is not present after construction.
5. Tree protection fencing must be properly installed at the edge of the grading limits
across the entire south side. This must be done prior to any construction activities
and remain installed until all construction is completed. Any trees lost to construction
activities beyond those indicated in the tree removal plan shall be replaced.
6. No equipment may be stored within the tree protection area.
7. Appropriate tree protection measures must be taken to protect the rear yard ash from
EAB.
8. The 162 square foot rear patio area is understood to be the property's water oriented
structure.
9. Lot coverage may not exceed 3,319 square feet.
10. The proposed rear patio and driveway areas must be constructed using pervious paver
systems.
11. A permanent 20 -foot native vegetated buffer must be installed along the shoreline
using species native to the ecotype with permanent buffer monuments. The buffer
may work around the path and stairs. The buffer must be designed and installed by an
experienced professional in native shoreline restoration. Design plan must be
approved by the Water Resources Coordinator.
12. The property owner must work with Minnehaha Creek Watershed District to identify
and implement any shoreline restoration projects that would improve ecosystem
health and function. Replace riprap with bioengineering solutions is one example.
4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not
been substantially completed, this variance shall lapse.
Dated: January 2"d, 2018
I
(SEAL)
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
CITY OF CHANHASSEN
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this _ day of ,
2018 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100