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PC Staff Report 1.16.18 - 7721 Erie Avenuey � qN H ASS CITY OF CHANHASSE PC DATE: January 16, 2018 2 CC DATE: February 12, 2018 J REVIEW DEADLINE: February 13, 2018 CASE #: 2017-20 BY: MW PROPOSED MOTION: "The Chanhassen Board of Appeals and Adjustments denies a 10 -foot west front yard setback, a- 43 feet set#h f""'` y,,_,, ..etba' a five-foot rear yard setback, a 4-2.4 9 percent lot coverage, and a second driveway access variance for the construction of a detached garage, and adopts the attached finding of Facts and Decisions." .yam Or 4� "The Chanhassen Board of Appeals and Adjustments approves a 10 -foot west front yard setback, a five-foot rear yard setback, a 9 percent lot coverage, and a second driveway access variance for the construction of a detached garage, subject to the conditions of approval and adopts the attached finding of Facts and Decisions." On November 21, 2017, the Planning Commission tabled the applicant's initial variance request. They requested the applicant return with a revised proposal that reduced the amount of impervious surface associated with the proposal. SUMMARY OF REQUEST: The applicant is requesting a variance from their property's 30 -foot required front yard setbacks, 10 foot rear yard setback, 25 percent lot coverage limit, and one driveway per residential parcel restriction in order to build a detaehed garage to house a 1969 Mack Firetruck. The proposed 700 square foot garage would maintain the home's current nonconforming 20 -foot west front yard setback, would eaereaeh 4.3 feet in4e the setfthem fieH4 yffd getba& fFE)fR the alley riot ef W would encroach five feet into the property's rear yard setback, would require a second driveway access, and would increase the property's lot coverage from its current nonconforming 28.3 percent to 37:4 34 percent; however only 30.9 percent of the lot cover would be impervious surfaces. The applicant is proposing the use of geogrid pavers for the driveway and the installation of a rain garden to help mitigate the increased lot coverage. They have also switched to an attached garage configuration and have requested that the city vacate the alley to south to remove the southern setback variance and further reduce the required lot coverage variance. Due to the firetruck's size, they can LOCATION: 7721 Erie Ave (PID 250500210) OWNER: Rick & Elizabeth Nustad 7721 Erie Avenue Chanhassen, MN 55317 Planning Commission 7721 Erie Avenue Variance — Planning Case 2017-20 January 16, 2018 Page 2 of 10 PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: .19 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 homeowners' own a 1969 Mack Firetruck which they use for parades in this and surrounding communities. They are currently storing the firetruck off site at an outdoor storage facility; however, they would like to store it indoors and restore it. Due to the size of the firetruck, their existing 18.7 foot by 22.5 -foot garage cannot accommodate it, and they would need to construct a 20 foot by 35 -foot garage and second driveway to facilitate on site storage. They are proposing the smallest possible structure that will accommodate the fire truck. The applicant has stated that they intend pursue the vacation of the southern alleyway, use geogrid for the second driveway, and install a rain garden to minimize the impact that garage will have upon the property's stormwater management. Prss The applicant has noted that their lot was plated before ``"1 ` ff - current zoning requirements were enacted and that it is significantly smaller than the minimum size required for lots zoned Single Family Residential District. They have stated that the substandard nature of their lot is the primary reason why they require a variance in order to construct the proposed accessory structure. The property owners have expressed their intention to construct a deta ell attached garage that matches the existing house and fits into the existing character of the neighborhood. They feel that there are other similarly sized garages in the area, and believe that their neighbors are supportive of the proposed variance. APPLICABLE REGULATIONS Chapter 20, Article 11, Division 3, Variances Planning Commission 7721 Erie Avenue Variance — Planning Case 2017-20 January 16, 2018 Page 3 of 10 Chapter 20, Article II, Division 4, Nonconforming Uses Chapter 20, Article XIL "RSF" Single-family residential district Section 20-615. Lot requirements and setbacks. Chapter 20, Article XXIII, Division 1, Generally Section 20-908. Yard Regulations Chapter 20, Article XXIV, Division 2, Parking and Loading Section 20-1122. Access and Driveways BACKGROUND County records indicate that the home was built in 1959. The city does not have any information on this property prior to 1979. On May 28, 1999, the current owner bought the house. On November 21, 2017, the Planning Commission tabled the applicant's initial variance request. They requested the applicant return with a revised proposal that reduced the amount of impervious surface associated with the proposal. The property and surrounding neighborhood is zoned Single -Family Residential (RSF). This zoning district requires lots to be a minimum of 15,000 square feet, have front yard setbacks of 30 feet, rear yard setbacks of 30 feet, side yard setbacks of 10 feet, and limits lot coverage to a maximum of 25 percent of lot area. Residential structures are limited to 35 feet in height. Accessory structures are limited to 20 feet in height, may not occupy more than 30 percent of the area of a rear yard, may not exceed 1,000 square feet, and must be located within the buildable lot area or meet stipulated accessory structure setbacks. The lot is an 8,529 square foot lot that currently has 2,417 square feet of impervious surface resulting in 28.3 percent lot coverage. The lot technically has 3 front yard setbacks due to a plated alleyway to the south, even though the alley is not physically present. The existing house is setback 20 feet from the western front lot line and the existing attached garage is setback 25.1 feet from the western front lot line. The house and attached garage are substantially in compliance with all other setbacks. There is also an existing shed which is setback approximately six feet from the rear property line and approximately 17 feet from the southern Planning Commission 7721 Erie Avenue Variance Planning Case 2017-20 January 16, 2018 Page 4 of 10 front property line. The location of the house, attached garage, shed, and site's lot coverage are considered nonconforming uses. The applicant has requested that the City vacate the alleyway to the south. Vacating a portion of the alley will allow the proposed structure to meet the 30 -foot south front setback, and add 481 square feet to the lot's area. St. Hubertus/City lots of Chanhassen The plat for this area was recorded in October of 1887. Residential lots in this neighborhood vary between .16 and .39 acres. The larger lots are the results of lots being split and merged to adjoining properties after the original plat was filed. The lots retaining their original dimensions appear to average around .20 acres. Due to the predominately small lot sizes and age of the structures, detached garages are common, and many properties in the neighborhood do not meet the required setbacks and exceed 25 percent lot coverage. Variances within 500 feet: 1979-13 201 Chan View: Approved- five-foot side and 25 -foot rear yard setbacks (detached garage) 1980-05 203 '/2 Chan View: Approved- five-foot side and 20 -foot rear yard setbacks (detached garage) 1983-13 222 Chan View: Approved- seven -foot side yard setback (attached garage) 1985-06 7725 Frontier Trail: See 1988-10 1986-05 202 W 77`h Street: Approved- two -foot side yard setback (detached garage) 1988-10 7725 Frontier Trail: Approved- three-foot side yard setback (convert 1 car garage to 2 car garage) 1999-06 226 Chan View: Approved- 18 -foot front yard setback (addition) and 10 -foot front yard setback (detached garage) 2001-01220 W 78`h Street: Approved- 21.5 -foot front yard setback (addition) 2004-39 222 W 78'h Street: Approved- 26.2 -foot front yard setback to intensify existing non- conformity (front canopy with supports) Planning Commission 7721 Erie Avenue Variance — Planning Case 2017-20 January 16, 2018 Page 5 of 10 2017-21204 W 78th Street: Approved- 3 -foot front setback, 1.5 percent lot coverage (home) ANALYSIS West Front Yard Setback The city establishes front yard setbacks in order to prevent neighborhoods from feeling crowded due to structures being located excessively close to the road, to ensure the presence of greenspace, and to provide sufficient driveway length to accommodate off street parking. The existing house has a 20 -foot setback from Erie Ave and its attached garage has a 25 -foot setback. The proposed detached garage would have a 20 -foot setback from Erie Ave. Since the garage needs to be 35 feet deep to accommodate the fire truck and the lot is only sixty feet deep it would be impossible design a garage that could store the fire truck while meeting the required front yard setback. Many of the lots in the St. Hubertus subdivision do not meet the city's minimum RSF lot dimensions of 90 feet of frontage and 125 feet of depth. Of the 47 properties within 500 feet of 7721 Erie Avenue, 3 4 have applied for and received variances from the required front yard setbacks. Rear Yard Setback Y. I _ RE ©l 60A0 _ NwJiA�liSetluk�n-.. j � — aw ae. I Y I 1 1 1 in 1 I4fRK � N$ x' Am li- SY xa — — I Iv Rear Yard Setback Since the lot is bordered on three sides by streets and/or public right of way, its rear yard is subject to a 10 -foot setback rather than the standard 30 -foot rear yard setback. The proposed detaAod garage would be setback five feet from the rear lot line. An existing 97 square -foot shed is setback approximately six feet from the rear lot line, which the applicant plans to remove as part of this _ RE ©l 60A0 _ NwJiA�liSetluk�n-.. j � I I� ae. I I 1 1 1 1 I4fRK � N$ x' Am li- SY xa — — I Iv S 1 Y L I Y 5 29'S1' SC ^' Since the lot is bordered on three sides by streets and/or public right of way, its rear yard is subject to a 10 -foot setback rather than the standard 30 -foot rear yard setback. The proposed detaAod garage would be setback five feet from the rear lot line. An existing 97 square -foot shed is setback approximately six feet from the rear lot line, which the applicant plans to remove as part of this Planning Commission 7721 Erie Avenue Variance — Planning Case 2017-20 January 16, 2018 Page 6 of 10 project. Due to the size of the firetruck and narrowness of the lot, it is not possible to construct a garage that could accommodate the firetruck within the required setbacks. The city requires rear yard setbacks and limits the percent of the rear yard which can be occupied by an accessory structure in order to ensure a minimum amount of greenspace and balance the interests of the property owner with that of their neighbors. In this instance, the orientation of the neighboring houses means that the proposed location of the detaehed garage would not be expected to negatively impact the adjacent properties. Many properties in this neighborhood have been unable construct accessory structures that meet the required setbacks. Of the 47 properties within 500 feet, five have been granted side and/or rear setback variances for the construction or expansion of garages. �`❑ Impervious Surface The city limits the amount of lot cover which can be installed on a property in order to prevent stormwater issues and negative impacts to the surrounding properties caused by increased volumes and rates of runoff during rain events. The city's engineering staff has noted that this area of the city does not meet current stormwater treatment standards and that it has a history of street flooding. They have stated that allowing the property to further increase its lot coverage will increase stormwater runoff in an under -treated neighborhood that has known flooding. The proposed plan would increase the property's lot coverage to percent by adding an additional q73 700 square feet of impervious surface, 280 square feet of pervious pavers. The lie we i property currently exceeds the RSF district's limit of 25 percent lot d Nrliree ! :, coverage by 285 square feet, 3.3 percent. The applieafA is Patio tcl rxtnrrithe nmrllxlt ^f:-- i,^ -•^^••s s•• -s ^^ on 1' r r >> v�M1Y 60.tY _ .aa. O to exeeed its 1,058 sVaFe . The applicant's proposal would increase the property's lot area by 481 square feet, remove a 97 square foot shed, and remove 234 square feet of patio; however, constructing the garage will increase the property's impervious surface coverage to 30.9 percent, a 2.6 percent increase. The proposal also includes a 280 square foot pervious paver driveway which results in a total lot coverage of 34 percent, including both pervious and impervious surfaces. The applicant is proposing installing an 8 -foot diameter rain garden in the southeast corner of the property in order to help mitigate the increased impervious surface. The applicant has noted that their 8,529 square foot lot is significantly smaller than the 15,000 square feet required in the RSF district, and that applying the 25 percent lot coverage standard to such a small lot significantly restricts their ability to improve the property. While this is true, the property currently has a single family home, a two -car garage, and a patio with 28.3 percent allowed Planning Commission 7721 Erie Avenue Variance — Planning Case 2017-20 January 16, 2018 Page 7 of 10 lot coverage due to its nonconforming use status. These features constitute reasonable use for a property zoned single family residential. family Fesiden4ial distric4, RI�M, whieh allews for similex4y sized lots, 9,000 squaFe fee4 ffli pefeepA let eovefage.preposed Y eJ ia&as#:uetufe designed to ..,d the 4iefeased a ,«teflot ,.aveFage peid' DTT.t Second Driveway Access The city limits residential properties to a single driveway access in order to prevent a high density of driveway accesses along roads serving residential districts and the 2030 Comprehensive Plan espouses a minimum spacing of at least 40 feet between driveways. These limits exist to prevent possible public safety and traffic issues that can emerge from a high concentration of closely spaced driveways, and also from aesthetic considerations involving insuring adequate greenspace and providing for an appealing viewscape in residential neighborhoods. A final reason for the existence of the one driveway ordinance is that it deters individuals from using large detached accessory structures to house home occupations in violation of city ordinances. The applicant's proposed use of the detached garage is not anticipated to create public safety or traffic issues, and the storage of the firetruck within the garage would preclude its being used to house a business; however, the requested variance would allow for that structure and its driveway to exist in perpetuity. Permitting a second driveway access to an oversized detached garage addition could lead to future issues with businesses being run from the garage, and establishes a precedent of allowing multiple driveways to provide access to detaeked- effectively separate garages. A visual survey of aerial photos found two properties in the St. Hubertus subdivision with a nonconforming second driveway access. The applicant has stated that due to the size and turning radius of the firetruck and tightness of the proposed garage is not possible to maneuver the firetruck into the proposed garage via the existing driveway access. Stuff believes :t is _,.,.sible to pr -.vide ..,.,,ess to the Impact on Neighborhood St. Hubertus is one of the oldest subdivions in the city and aerial photos show that many, if not most, of the properties in the neighborhood do not conform to current setback or hardcover standards. Staff is aware of eight nine separate variances being granted to properties within 500 feet of the applicants, and six of those where for the construction of garages; however, the garages variances were granted to properties that either did not have existing garages or which wished to expand single stall garages to two stall garages. Planning Commission 7721 Erie Avenue Variance — Planning Case 2017-20 January 16, 2018 Page 8 of 10 Detached garages within the St. Hubertus subdivision tend to be located in the rear yard, and staff could find only one example of a similarly sized and situated detaehed-garage. Staff also found two single stall garages positioned roughly parallel to the principle structures front yard setback, and two properties where the principle structure is setback behind the detached garage. While the distemee e fthe r __ ,...r, sed , aapaastfeet notJY from w wou4d be i of the area iier b� �b� ba fibe In both eases, thy, were sefved by ,. 4 ,] The garage's proposed distance from the street is not atypical for the area; however, the size and orientation of the garage is. The single instance of a similarly sized and situated garage is a standalone garage without an associated home. This is a non -conforming use in a residential district. If the garage was designed and constructed in the manner proposed by the applicant its appearance would not be out of character for the neighborhood; however, the presence of multiple garages and driveway accesses is not typical for the area. St. Hubertus Planimetric (Revised) Note: Darker red is existing buildings, lighter red is existing driveway, darker blue is proposed garage, lighter blue is proposed driveway, and red X is the shed to be removed. The applicant wishes to construct a detaehed-garage which would be located within multiple required yard setbacks, requires a second driveway access, and would increase the property's Planning Commission 7721 Erie Avenue Variance — Planning Case 2017-20 January 16, 2018 Page 9 of 10 impervieus e lot coverage beyond what is permitted in its zoning district. The purpose of the garage would be to house an antique firetruck. The small size of the applicants' lot severely restricts their ability to improve the property. The applicant currently has reasonable use of the property and many lots zoned for single-family detached homes cannot accommodate the storage of large pieces of equipment. Staff is concerned that granting this variance will establish the precedent that needing storage space for large vehicles (recreation vehicles, boats, etc.) justifies exceeding lot coverage limits and required setbacks. Even with the use of pervious pavers, the proposed project will increase the property's impervious surface and stormwater runoff in a neighborhood with a history of street flooding and allowing a second driveway access would be inconsistent with what is already present within the neighborhood. Staff recognizes that the applicant has taken multiple steps to reduce the impact of the proposed variance. They are pursuing the vacation of the alley to the south, installing a rain garden, and have switched to an attached configuration and permeable paver driveway to lower the amount of impervious surface required. Staff recommends that the Planning Commission deny the request for a 10 -foot west front yard setback, a 4.3 ret ,.,...th f.e„t ye&d ..et,.. ,. a five-foot rear yard setback, a 4-2-.4 9 percent lot coverage, and a second driveway access variance for the construction of a detached garage, and adopts the attached finding of Facts and Decisions.” If the Planning Commission determines that the applicant's revised proposal sufficiently addresses the concerns raised during the November 21, 2017 meeting, staff recommends that the Planning Commission approve the variance request for a 10 -feet west front yard setback, a 5 -foot rear yard setback, a 9 percent lot coverage, and second driveway access variance for the construction of a garage addition, subject to the conditions of approval and adopts the attached finding of Facts and Decisions: 1. The applicant must apply for and receive a building permit. 2. Garage must be architecturally compatible with existing house and match color. 3. Vacation of southern alley must be completed before the building permit application is submitted. 4. The second driveway shall be constructed using a pervious paver/geogrid system, the design of which shall be approved by the Water Resources Coordinator. The system must be installed by a certified installer. 5. The applicant shall construct an 8 -foot in diameter rain garden in the southeast corner of the property, the design and installation of which shall be approved by the Water Resources Coordinator. 6. The property's lot cover may not exceed 3,066 square feet, of which no more than 2,786 square feet may be impervious surface. heese the a..et. rAE it is e D l�........ e.- aea that the r _i,,.,.iing Commission adopt w r ll Matioll b Planning Commission 7721 Erie Avenue Variance — Planning Case 2017-20 January 16, 2018 Page 10 of 10 ATTACHMENTS 1. Finding of Fact and Decision Approval -Revised 2. Finding of Fact and Decision Denial -Revised 3. Variance Document 4. Development Review Application 5. Revised Site Plan 6. Public Hearing Notice Mailing List 7. 171121 Eng Memo G:\PLAN\2017 Planning Cases\17-20 7721 Erie Avenue VAR\Staff Report -7721 Erie Ave_PC_Revised.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Richard and Elizabeth Nustad for variance from their property's 30 -foot required front yard setback, 10 -foot rear yard setback, 25 percent lot coverage limit, and one driveway per residential parcel restriction in order to build a garage on a property zoned Single Family Residential District (RSF)-Planning Case 2017-20. On November 21, 2017, 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 application was tabled, and the applicant submitted a revised proposal which went before the Planning Commission, acting as the Board of Appeals and Adjustments on January 16, 2018. 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 12, Block 2, City Lots of Chanhassen 4. Variance Findines —Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: It is the intent of the City Code to allow for residential homeowners to be able to store vehicles and possessions on site, and, in many instances, the City Code requires these items to be stored indoors. Construction a garage to facilitate the storage of a vehicle is in harmony with the general purposes and intent of the city's zoning code. 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: Due to the substandard size of the applicant's lot there is no possibility for them to construct a garage capable of housing the firetruck with the bounds established by the city's zoning code. The resident's goal of construction a single accessory structure to facilitate the storing of a collector's vehicle onsite is reasonable. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The desire for an expanded garage is not 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 a substandard lot plated in 1887. e. The variance, if granted, will not alter the essential character of the locality. Finding: This is one of the oldest neighborhoods in the city and garages which do not conform to the existing zoning ordinances are fairly common. Allowing the construction of the proposed garage will not significantly alter the neighborhood's character. 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 #2017-20, dated January 16, 2018 prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves the variance request for a 10 -feet west front yard setback, a 5 -foot rear yard setback, a 9 percent lot coverage, and second driveway access variance for the construction of a garage addition, subject to the conditions of approval and adopts the attached finding of Facts and Decisions: 1. The applicant must apply for and receive a building permit. 2. Garage must be architecturally compatible with existing house and match color. 3. Vacation of southern alley must be completed, before the building permit application is submitted. 4. The second driveway shall be constructed using a pervious paver/geogrid system, the design of which shall be approved by the Water Resources Coordinator. The system must be installed by a certified installer. 5. The applicant shall construct an 8 -foot in diameter rain garden in the southeast corner of the property, the design and installation of which shall be approved by the Water Resources Coordinator. 6. The property's lot cover may not exceed 3,066 square feet, of which no more than 2,786 square feet may be impervious surface. ADOPTED by the Chanhassen Planning Commission this 16th day of January, 2018. 1:W CITY OF CHANHASSEN Chairman CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIED) 11ONIIIn Application of Richard and Elizabeth Nustad for variance from their property's 30 -foot required front yard setback, 10 -foot rear yard setback, 25 percent lot coverage limit, and one driveway per residential parcel restriction in order to build a garage on a property zoned Single Family Residential District (RSF)-Planning Case 2017-20. On November 21, 2017, 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 application was tabled, and the applicant submitted a revised proposal which went before the Planning Commission, acting as the Board of Appeals and Adjustments on January 16, 2018. 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 12, Block 2, City Lots of Chanhassen 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 city regulates lot coverage in order to manage stormwater runoff. Allowing a property zoned for 25 percent impervious surface coverage to add an additional 9 percent lot coverage is not in harmony with the code's intent in limiting residential lot coverage. It is the city's intent in limiting residential properties to a single driveway access to prevent the creation of property configurations that encourage the proliferation of illegal home occupations. Permitting a large structure with an independent driveway access to be constructed in a single-family residential district is contrary to that intent. 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 parcel has detached single family home, two -car garage, and patio which allows for reasonable use of a property zoned for residential single-family use. The inability of the parcel to accommodate the storage of a large collector's vehicle is not a practical difficulty. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The desire for the garage is not 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 applicant purchased the firetruck subsequent to their purchase of the home. The need for a large accessory storage building on the lot is the result of their purchasing the firetruck. e. The variance, if granted, will not alter the essential character of the locality. Finding: Permitting the construction of a second garage served by a second driveway access would not be in character with the surrounding neighborhood. 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 #2017-20, dated January 16, 2018, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments denies a 10 foot west front yard setback, a 5 foot rear yard setback, a 9 percent lot coverage, and a second driveway access variance for the construction of a detached garage, and adopts the attached finding of Facts and Decisions." ADOPTED by the Chanhassen Planning Commission this 16th day of January, 2018. CITY OF CHANHASSEN MN Chairman CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2017-20 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 the variance request for a 10 -feet west front yard setback, a 5 -foot rear yard setback, a 9 percent lot coverage, and second driveway access variance. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 12, Block 2, City Lots of Chanhassen. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. Garage must be architecturally compatible with existing house and match color. 3. Vacation of southern alley must be completed, before the building permit application is submitted. 4. The second driveway shall be constructed using a pervious paver/geogrid system, the design of which shall be approved by the Water Resources Coordinator. The system must be installed by a certified installer. 5. The applicant shall construct an 8 -foot in diameter rain garden in the southeast corner of the property, the design and installation of which shall be approved by the Water Resources Coordinator. 6. The property's lot cover may not exceed 3,066 square feet, of which no more than 2,786 square feet may be impervious surface. 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 16th, 2018 (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. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 2 NOTARY PUBLIC COMMUNITY DEVELOPMENT DEPARTMENT � Planning Division - 7700 Market Boulevard ^ I [�i �y Mailing Address - P.O. Box 147, Chanhassen, ��C111//!tl MN 55317611 E Phone: (952) 227-1300 / Fax: (952) 227-1110 C_ 1F V �j ��p(' !A _ �4 APPLICATION FOR DEVELOPMENT REVIEW Submftlo Date: t �%' o -U -a'� ��' PC Date: t;_^_,: _! 7 CC Date: i2--' `- r e0 -Day Review Date: la- (Q— I -] (Rarer to me approprtate Apprlwtion Checldistfor required Submittal information that must accompany thts application) ❑ Comprehensive Plan Amendment .........................$500 ❑ Minor MUSA line for failing on-site sewers..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ......................... $325 AllOthers......................................................... $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 ElCommercial/Industrial Districts'......................$50p Plus $10 per 1,000 square feet of building area: (_ thousand square feet) Include number of extafine employees: •Include number ofnewemployess: E] Residential Districts.........................................$500 Plus $5 per dwelling unit (__ units) .� NotificationSign (city toinstall 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 cosb)- 'AddNional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 cam, (Additional recording fees may apply) _ �i Variance (VAR) ................................................. ❑ Weiland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 IM' yyhan mattipia aPPlkaaory an Procsased eoncone du epproPrlats fes shall be charged for each applimmon. � ...... ......... ........................... ....................................................._ 00 Property Owners' List within 500' (city to generate after preaPPHcatron meeting) ............................................... $3 pe .. ❑ addresses Escrow for Recording Documents (check all that a I ) 1 g �...........................................................( 50,d ❑ Conditional Use Pernik rPY)........LJ Interim Use Permit ❑ Site Plan ❑ Vacation Variance Agreement El Metes &Bounds Subdivision 3 docs. ❑ Agreement Welland Permit ( ) ❑ Easements (_ easements) ��� c�O �. TOTAL FEE: -� DescriptionofProposal: BuitJ V\ov5p- 1 irCTfuc��Cellec�.r-tel Property Address or Location: „U -®X � Parcel #. Legal Description: Total Acreage: Wetlands Present? Present Zoning: Select One Present Land Use Designation: Select One ❑ Yes ❑ No Requested Zoning: Select One Requested Land Use Designation• Select One Existing Use of Property: ` ❑ Check box is separate narrative is attached. 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. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. 1 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: Contact: Address: Phone: City/State/Zip: Cell: Address: Email: Fax: Signature: 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: J t!' K— F 1� �� p , Contact: 1 C C Address: r Rhone: City/State/Zip: Cell: Email:aw>WnP4 Com Fax: Signature: Date: This application must 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. r'KUJCUI CNt91NCCR (d applicable) Name: Contact: Address: Phone: City/Stateop: Cell: Email: Fax: Who should receive copies of staff reports? *Other Contact Information: "• r ❑ Property Owner Via: ❑ Email (--]Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy Ctty/State0p: ❑ Other* Vla: []Email ❑ Mailed Paper Copy Email: WRITTEN JUSTIFICAMN OF VARIANCE REQUEST 6.A. Purpose of the variance request is to build garage to house antique firetruck. Plans are for garage to match house with external colors and lighting and to blend in with surroundings. 6.6. our lot is part of old original plots for Chanhassen therefore they are smaller in size then newer lots.also known as sub standard lot.. 6.C. purpose for variance for garage is to house antique firetruck and that is all. Garage dimensions are minimized from original drawings to include fire engine only. We have had truck for 5 years and have been paying for outdoor storage and want to bring truck inside from the elements to prevent further damage to truck -rust, rain sunlight etc. long term plan is to restore truck fully and participate in parades etc. 6.13. We purchased house 19 years ago and this was the lot size at that time and we need variance to build accessory structure. 6.E. we want to build accessory building to house antique fire truck. We want to maintain the integrity of neighborhood. There are other similar /bigger garage structures in neighborhood. If granted our variance, the outside of our garage will be free of any debris,Junk,parts,etc . the outside will be clean and well kept and landscaped. SEPTEMBER 13, 2017 THIS LETTER IS TO EXPLAIN OUR REQUEST FOR A VARIANCE AT 7721 ERIE AVENUE CHANHASSEN. MY WIFE ELIZABETH AND I ARE THE PROUD OWNERS OF A 1969 MACK FIRETRUCK THAT WAS RETIRED IN 1998 FROM EXCELSIOR WHICH WAS MY HOMETOWN. OUR LONG TERM GOAL IS TO RESTORE THE TRUCK. WE CURRENTLY HAVE USED IT IN PARADES IN DELANO, HOPKINS, EXCELSIOR, BURNSVILLE , MOUND AND WE WERE IN THE 2015 4' OF JULY PARADE IN CHANHASSEN AND THE CHANHASSEN ROTARY SPONSORED US FROM A REQUEST MADE FROM OUR NEIGHBORS JACK AND PAULA ATKINS. WE HAVE STORED THE TRUCK AT A STORAGE FACILITY IN JONATHON ( OUTDOORS) BUT WANT IT INDOORS AWAY FROM THE ELEMENTS. WE HAVE PUT A LOT OF TIME AND MONEY INTO THIS DECISION TO GO FORA VARIANCE. WE ALSO HAVE CONSIDERED OUR NEIGHBORS AND WE ARE CONFIDENT THAT THE FEEDBACK WILL BE POSITIVE FROM OUR NEIGHBORS. WE HAVE HAD LOTS OF NEIGHBORS STOP BY AND SOME GOT RIDES AND THERE KIDS OR GRANDKIDS ALSO. AND OTHERS HAVE STOPPED AND TAKEN PICS ETC AND SAID IT'S PRETTY COOL. THE OTHER CONSIDERATION IS THAT WE WANT THE GARAGE TO LOOK AND FEEL AS NATURAL IN THE NEIGHBORHOOD AS POSSIBLE. WE HAVE OUR DRAWINGS AND HAVE MODIFIED THEM TO BRING THE LENGTH AND HEIGHT DOWN FROM THE ORIGINAL SPECS. IF APPROVED WE WILL USE A QUALITY BUILDER AND FOLLOW ALL RULES AND REGULATIONS. MY CURRENTJOB AS DIRECTOR OF MAINTENANCE FOR THE FOSS SWIM SCHOOL HAS PREPARED MEIN DEALING WITH CONTRACTORS AND GETTING THE JOB DONE RIGHT. WE ASK THAT YOU CONSIDER THIS VARIANCE FOR US. MY WIFE AND I HAVE LIVED HERE FOR 19 YEARS AND LOVE CHANHASSEN AND I REMEMBER COMING TO FRONTIER DAYS IN THE 19605 AND HAVE SEEN THIS TOWN GROW FROM A SMALL FARMTOWN TO IT'S CURRENT STATUS. MY WIFE LIZ HAS WORKED FOR METHODIST HOSPITAL IN ST.LOUIS PARK FOR 23 YEARS. ALTHOUGH WE HAVE NO KIDS WE DO HAVE A BASSET HOUND NAMED HENRY WHO REALLY WANTS THIS GARAGE TO COME TO FRUITION AND OUR CAT IDA ROSE COULD CARE LESS ABOUT IT. THANK YOU FOR YOUR TIME Rick and Liz Nustad LEGAL DESCRIPTION: m, Bloek 2, City LOU of Chanhassen, Come, County, Mi=esota SCOPE OF WORK & LIMITATIONS• I, Showing the length and direction of boundary lines of the legal description listed sbovc. The scope of our services does not include detemming what you own, which is 3 legal matter. Please check the legal description with your records or consul[ with cOmpdoled legal co=wl, if necessary, to make sum that it is cancer and that any matters of record, such as aesemants, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary, for the survey. 3. Setting survey markers or verifying existing survey markers to establish the comers of the property. 4. Existing building dimensions and satbecks measured in outside of siding or stucco. 5. Showing and tabulating Impervious surface eavemgc of the lot for your review and for the review of such govemmenml agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with m stmim n. 6. Showing elevations on the site at selected locations in give some indication of the topography of the site. We have also provided a benchmark for your use in detenmning elevations for construction cation on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning comemcdon. 7, While we show a proposed location for this garage, we arc not as familiar with your PFDPNW Plans as You, Your ambitec4 M the builder M. Review our proposed location of the improvements carefully m verify that they match your plans In;mre construction begins. Also, we are not as familia with tool codes and munmmn requinnoinh as the local building and Yining officials in this immunity are. Be sure TO show this survey to said officials, in any Driver officials that may have I.ursdiction over the proposed improvements and obtain their approvals before beginning construction orplamdng improvements m the property. 8. This survey has been completed without the benefit of a current title commitment. Them may be existing casements or other encumbrances that would be revealed by a curtest title commitment. Therefore, this survey does not purport to show any easements or nncumbm=m other than the Does shown hereon. STANDARD SYMBOLS & CONVENTIONS: "a" Denotes iron Drury maker, at. unless otherwise =led. IlAavance Isar° M& _ MYER� &aysN4/ en+rxwna Ca H 1 MANXtF EtEv. X.3e3.7 u s DR QM£C I 0W.a,Y3eRallr4me448L_R {, "-"•. \4 a 6 EXISTING HARDCOVER slgDrcgaevnecu / ' NOOSE 1,528 S0. FT. �• I,Ua RICHARD NITb'TAD X .- 90.00 \ Mm e.. 3323 E asxfg, , CNANffi18SF,M1;aw 300 FT. •" \ Was I so. i I �� • . I \ I `f atltD..Imt RW '� •'•. W SO. FT. 314 SO. FT. P&XWRD SURVEY S h/ NO \ \ 'Tba 1 o m sen CONC. WALK/APRON/PATIO 388 SD. Fr. CONC. WALK/APRON/PATIO =7 has•. ` esER(sn: fix" cow TOTAL PROPOSED HARDCOVER 3,100 M. FT, oPwwiuoxuNaaa 2,417 S0. FT. / T EXSnNO OWEWNO 17iXistVPPROPWED +rs /1 8.520 80. FT. AREA OF LOT 8,529 SO, FT. ."f^Ai u 8 pA-71T—. 8zDWELLM LOT COVERAGE 28.3% e m waaar: Fiona WE1 --.arm MYER� "603 DCTORER 11 201T DR QM£C I 0W.a,Y3eRallr4me448L_R PROPOSED HARDmVEA EXISTING HARDCOVER Q Y1 / ' NOOSE 1,528 S0. FT. I,Ua Y / M sea i ro m`.,,�.....,r �y e.. EXISTING DRRAOE 300 FT. so. i '•� I `f PROEXIPOSED DRIVEWAY PROPOSES DRIVEWAY M. 310 M. FT. 280 SO. FT. SHOUSE DRIVEWAY HED W SO. FT. 314 SO. FT. == I S h/ / o m sen CONC. WALK/APRON/PATIO 388 SD. Fr. CONC. WALK/APRON/PATIO 476 S0. FT. ` TOTAL PROPOSED HARDCOVER 3,100 M. FT, TOTAL EXISTTNO HARDCOVER 2,417 S0. FT. \ I •-0.09 '{Fares M0M I, $ 8979'51" IN —I-, Fares r-YI 0 ALLEY AREA OF NGT 8.520 80. FT. AREA OF LOT 8,529 SO, FT. ."f^Ai u LOT (AVERAGE 37.61 LOT COVERAGE 28.3% e LEGAL DESCRIPTION: s.ot 12, Block 2, City Lots of Chanhassen, Carver County, Mim ,mm. SCOPE OP WORK &. LIMITATIONS: 1. Shaving the length end direction of boundary lines of the legal dceMption listed Above. The stype of am services does not include dreemdning what you own, which is a legal manor. Please check the legal description with your records or conwlt with competent legal omm"l, if necessary, An make Sam that it is cancel and that any matters of record, such es casements, that you wish to be included on the survey have been shown. 2. Showing the locetim of observed existing improvements we deem necessary fm the survey. 3. Setting survey markers m verifying existing survey markers m ntsleblish the Cmnem of the property. 4. Existing building dimensions and Setbacks measured to outside of siding or stucco. S. Showing and tabulating imperviOUS surface coverage of the tot for yore review and for the review of such govemmeaW agencies that may have jurisdiction over these requirements to verity they am correctly shown before proceeding whit wmtmation. 6. Showing elevations on the site at selected locations to give some indication of the mpography of the site. We have also provided a benchmark for you use in determining elevatiom for construction on this she. The elevations showy relate only to the benchmark provided on this survey. Use that benchmark and check at least ore when feature shown on the survey when cictemdning other elevations for use on this site or before beginning construction. 7. This survey has been completed without the benefit of a cunmat tide commitment. Them may be existing casements or other encumbrances that would be revealed by a convert title commitment, Therefore, this survey does not purport to show any easement, or encumbrances other than the was shown hereon. STANDARD SYMBOLS &CONVENTIONS: Denotes iron survey marker, set, unless otherwise noted, N'Diff UEv..98ST �, y I _-_"`ase �♦ "'N 89.25'03' Ems+' 50.00 I user / HARODOVER g� V%ISTIM HOUSE 1,528 M. FT. SHED ST SD. FT. ORNMAY 314 W. FT. DOW. MLKIAPRON/PATIO 478 W. R. TOTA_ EXISTING HARDccWER 2,417 $0. FT. AREA OF LOT 8,525 SO. Fr. L0T COVERAGE 28.3% %I' E4 iQ S 89.29'51"� "LEY ,r. Advance t»nnuanyw,> e sxnn�w�.faean�.�.wu ease QY N'b:wwAMiv� RICHARD NUSTAD ASSAI'E. CK4NN.49SFA; AIN GH"Infl.9 9"SYMO SURVEY s ,a uxn AAAWIM ILMBEX EXISTING 171M WP F.a7RTIN6 DWWNG m men. emcees„ w M R'�S9EO33 OOT�!OOEER1/ 2017 � rr9x�aaaa:�w���lf'�� ieQc,e 'L* LEGAL DESCRIPTION: Lot 12, Block 2, City Lots of Chanhassen, Carver County, Minnesota. FKVF0Nh0 Lh(jAL DESCRIPTION AFTER ALLEY VACATION: BENCHMARK: T Lot 12 and the North half of the vacated alley, Block 2, City Lots of Chanhassen, Carver County, I' ,SOUTH RIM OF Cj�fj�7 jl�L'y� Minnesota. MANHOLE ELEV.=965.7 SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the comers of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 7. While we show a proposed location for this garage, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. 8. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. STANDARD SYMBOLS & CONVENTIONS: "V" Denotes iron survey marker, set, unless otherwise noted. 1 ., PBOPASW AW rdWAV PATAM PROPOSED LOT COVERAGE EX. HOUSE 1,528 S0. FT EX. CONC. DRIVEWAY 314 SO. FT EX. WALK/APRON/PATIO 244 SO. FT TOTAL EXISTING IMPERVIOUS 2,086 S0. FT PROPOSED GARAGE 700 SO. FT TOTAL IMPERVIOUS 2,786 SO. FT AREA OF LOT (W/ ALLEY) 9,010 $0. FT. IMPERVIOUS LOT COVERAGE 30.92 (PROP. PERVIOUS PAVER DRIVE 280 S0. FT. EXISTING IMPERVIOUS LOT COVERAGE HOUSE SHED DRIVEWAY CONIC. WALK/APRON/PATIO TOTAL EXISTING IMPERVIOUS LOT COVERAGE 28.3% s PROPOSED ALLEY VACATION EXISTING DWELLING M "A OEP{ 964.6 EE TD NOT�O7 eft GRADEs TO BE REMOVED )POSED 8 FT DIA. RAIN GARDEN Advance Survey/ng & Engineering, Co. 17917 Highway No. 7 Minnetonka, Minnesota 55345 Phone(952)474-7964 Web: www.advsur com CLIENTMOB ADDRESS RICHARD 1VUSTAD 7721 ERIEAVE. CHANHASSEN, MN SHEET TITLE PROPOSED SURVEY SHEET SIZE: 11 X 17 171066 WP PROPOSED DATE SURVEYED: SEPTBEMBER 2017 DATE DRAFTED: OCTOBER 11, 2017 REVIEW Z• 11- , I HEREBY CERIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REQSTE>iE.D LAID SURVEYOR UNDER THE LAWS OF THE ST TE OF YIN ESOTA / nt. ti.✓!�S Wayne W. Prep #43503 OCTOBER 11, 2017 LICENSE NO. GATE DRAWING ORIENTATION 8 SCALE SHEET NO. 12 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 November 9, 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 request for second driveway access, hardcover, front yard setback, and rear setback for a garage addition on property zoned Single Family Residential (RSF) and located at 7721 Erie Avenue 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--�--dayof,2017. No a Public Kim 1. Met issen, Depu Clerk 1KNotar'y FER ANN POTTER Public•Minneaota m _6 ' e mJan 31, 2p2p Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Tuesday, November 21, 2017 at 7:00 p.m. Date & Time: This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for second driveway access, hardcover, front yard setback, and rear setback fora garage addition. Applicant: Rick & Elizabeth Nustad Property 7721 Erie Avenue Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the proiect. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2017-20. If you wish to talk to someone about this project, please contact MacKenzie Questions & Walters by email at mwalters(a)ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEW! Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyine to sign up! City Review Procedure: • Subdivisions, panned Unit Developments, Site Plan Reviews, Conditional and Interim Uses. Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendnism require a public hearing before he Hanning Commission. City ordinances require all properly within 50D feet of this subject site to be notified of the aRxication in wring. Any interested party is Invited to atend h r meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These rooms are available by request. At he Hanning Commission meeting, staff will give a verbal overview of the report and a remmmendstion. The dam will be opened fa he public to speak about tis proposal es a part of the heating process. The Commission will dose he public hearing and discuss the item and make a recommendation to the Gly Council. The City Council may reverse, atfinm a modify wholly or party he Hanning Commission's recommendation. Remnings. land use and code amendments take a simple majority vole of live city Ccondl excopt reznNrgs and and use amendments from residential to commedaNndustrie. • Mimesda Stab St 519.99 requires all applications to be processed within a0 days unless the applicant waives Nis standaM. Sam applications due to heir oompleklhy, may take seismal months W complete. My parson matting to follow an item through tiro process should check with the Hanning Depadment regarding IN status and scheduirog for he City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a coned for the city. Often developers are encouraged as meet with the ni bell cod regarding heir proposal. Staff Is also available to review the project with any interested pereon(s). • Because the Henning Commission holds the public hearing, the City Council does not. Minutes are taken and any comespondence regarding the application will be Included in the report to the City Caundl. t you wish to have something to be inducted in the report, ease canted live Panni Slaif n named on the notiticacon. Notice of Public Hearing Chanhassen Planning Commission Meeting Tuesday, November 21, 2017 at 7:00 P.M. Date & Time: This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers 7700 Market Blvd. Proposal: Request for second driveway access, hardcover, front yard setback, and rear setback fora garage addition. Applicant: Rick & Elizabeth Nustad Property 7721 Erie Avenue Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2017-20. If you wish to talk to someone about this project, please contact MacKenzie Questions & Walters by email at mwalters(a)ci.chanhassen mn us or by Comments: phone at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEW! Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Panned Unit Developments, Site Han Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Han Amendments and Code Amendnrents require a public heading before the Hanning Commission. City ordinances require all property within 5110 feet of the subject site to be retired of the application in writing. Any interested parry is Invited to attend the meaning. • Staff prepares a repent on the subject application that indudes all Pertinent information and a recommendation. These reports are available by request. At the Hanning Commission meeting, staff will give a verbal overview of the report and a recommemmon. The item will be opened fa the public to speak about he proposal as a pert of the hearing process- The Commission will dose the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse. affiml or modify wholly or party the Planning Commission's recommendation. Remntngs, land use and code amendments take a simple majority vote of the City Council except moorings and land use amendments from residential to commerdal4ndustnal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complevty may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding it status and scheduling for he City Coundl meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the dty. Often developere are encouraged m meet with the neighborhood regarding hour proposal. Staff is also available to review the project with any interested person(s). • Because the Hanning Commission holds the public heading, the City Council does not. Minutes are taken and any correspondence regarding the application will be inducted in the report to the City Couni IF you wish to have something to be included In the report, lease contact the Plannirm Staff Person named on the notification. TAX NAME TAX_ADD L1 TAX_ADD_L2 TAX ADELINE R KAHL 203 77TH ST W CHANHASSEN _ADD _L3 MN 55317-9711 ALEC K NORD 204 77TH ST W CHANHASSEN MN 55317-9702 AMY LOUISE DIEDRICH 22177TH ST W CHANHASSEN MN 55317-9711 ANDREW J RUSSELL 224 78TH ST W CHANHASSEN MN 55317-9755 ARUN SUBBIAH 2210 MIDLAND GROVE RD # 103 ROSEVILLE MN 55113-3835 BARBARA PIKE VIEW CHANHASSEN MN 55317-9701 BRIAN P & COLLEEN S NUSTAalkIM CHANHASSEN MN 55317-0008 BRIANNA A BACHRACH AVE CHANHASSEN MN 55317-9612 CARVER COUNTY CDAUT ST N CHASKA MN 55318-2039 CHAD A MINKELNTIER TRL CHANHASSEN MN 55317-9712 CHAPEL HILL ACADEMY ST W CHANHASSEN MN 55317-9734 CHURCH OF ST HUBERTN ST CHANHASSEN MN 55317-9647 CODY PRIBBLE 226 CHAN VW CHANHASSEN MN 55317-9613 CRAIG M LARSON 200 CHAN VIEW CHANHASSEN MN 55317-9707 CURTIS G & NANCY A ROBINSON 202 77TH ST W CHANHASSEN MN 55317-9702 DAYANIRA ZAMORANO 204 CHANVIEW CHANHASSEN MN 55317-9707 DEAN C & JANET M BURDICK 206 CHAN VIEW CHANHASSEN MN 55317-9707 DOUGLAS FLETCHER 222 77TH ST W CHANHASSEN MN 55317-9799 GREGORY J & KAREN J ODASH 221 CHAN VIEW CHANHASSEN MN 55317-9750 GREGORY L HUSERS 224 CHAN VIEW CHANHASSEN MN 55317-9613 HAGEN HOMES LLC 850 FLYING CLOUD DR CHASKA MN 55318-9503 IH3 PROPERTY BORROWER LP 1717 MAIN STSTE 2000 DALLAS TX 75201-4657 JAMES & KELLEY A DEGROSS 3911 MEADOWVIEW LN ELKO MN 55020-9538 JAMES M SCHUTROP 222 78TH ST W CHANHASSEN MN 55317-9755 JEANNE M BURKE REV TRUST U/A 225 77TH ST W CHANHASSEN MN 55317-9709 JEFFREY W & MARY L BORNS 7199 FRONTIER TRL CHANHASSEN MN 55317-9605 JOHN E & KAREN M KRAEMER 7703 ERIE AVE CHANHASSEN MN 55317-9612 JOHN W & PAULA J ATKINS 220 78TH ST W CHANHASSEN MN 55317-9755 JOSH D & JULIE N PICKARD 204 78TH ST W CHANHASSEN MN 55317-9755 JOSHUA H PAINE 7701 ERIE AVE CHANHASSEN MN 55317 - LARRY A & KATHLEEN A SCHROEDER 7720 FRONTIER TRL CHANHASSEN MN 55317-9753 MADELINE A HILL 206 78TH ST W CHANHASSEN MN 55317-9713 MARY E JANSEN ETAL 7720 ERIE AVE CHANHASSEN I MN 55317-9713 MATTHEW FAUST 7723 FRONTIER TRL CHANHASSEN MN 55317-9712 MORGAN ASHLEY DVORAK 203 CHAN VIEW CHANHASSEN MN 55317-9701 NICHOLAS & PATRICIA PEKAREK 202 CHAN VIEW CHANHASSEN MN 55317-9707 PAUL F & RITA M R011NA 220 77TH ST W CHANHASSEN MN 55317-9799 RICHARD & KATHY GAVERT RICHARD A & ELIZABETH M NUSTAD ROBERT & JOANNE R MEUWISSEN 7701 FRONTIER TRL 7721 ERIE AVE 20177TH ST W CHANHASSEN CHANHASSEN CHANHASSEN MN 55317-9712 MN 55317-9713 MN 55317-9711 RONALD & ELAINE ROESER 222 CHAN VIEW CHANHASSEN MN 55317-9613 THOMAS A & LYNN M PAULY 7721 FRONTIER TRL CHANHASSEN MN 55317-9712 TODD W PERTTU 2031/2 CHAN VIEW CHANHASSEN MN 55317-9701 TONJA ST MARTIN 207 CHAN VIEW CHANHASSEN MN 55317-9701 TROY P KIMPTON 205 CHAN VIEW CHANHASSEN MN 55317-9701 TWIN CITIES & WESTERN RAILROAD 292512TH ST E GLENCOE MN 55336-3368 VERDELL BORTH 1202 78TH ST W ICHANHASSEN MN 55317-9755 CITY OF CHANHASSEN Chanhassen is a Community for Life - Providing for Today and Planning forTomorrow MEMORANDUM TO: MacKenzie Walters, Assistant Planner FROM: Stephanie Smith, Project Engineer DATE: November 21, 2017 SUBJ: Variance for second driveway access, hardcover and setbacks for a garage addition for property zoned Single -Family Residential (RSF) and located at 7721 Erie Avenue Planning Case: 2017-20 I have reviewed the above request for a variance and have the following comments: Second Driveway Access The 2030 Comprehensive Plan calls out a minimum 40 -foot spacing between driveways. This standard is in place to improve safety and reduce driveway confusion. The proposed spacing is approximately four feet between the existing driveway and the proposed driveway. This does not meet the standard set forth in the Comprehensive Plan. Staff does not recommend approval of the variance for a second driveway access onto Erie Avenue. Staff has recommended the applicant tie the proposed driveway into the existing driveway, thereby only having one driveway access for the property. If the applicant incorporates this recommendation into their design, a variance for a second driveway access would not be necessary. Impervious Surface This area of Chanhassen was platted in 1889. Although some stormwater pipe was constructed in the area in the 1960's and a stormwater pond was constructed in the 1980's, there is insufficient treatment of that stormwater by current standards. This neighborhood also has a known history of street flooding. This parcel is already 3.3 percent over the maximum 25 percent hardcover allowed. The proposed garage and driveway would increase this non -conformity 12.4 percent over the allowed maximum or 37.4 percent in total. Staff does not recommend granting the hardcover variance, as this will increase stormwater runoff in an under -treated neighborhood that has known flooding. PH 952.227.1100 • Nww.d.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 MacKenzie Walters 7721 Erie Avenue Variance Engineering Memo — Planning Case 2017-20 November 21, 2017 Page 2 of 2 If the variance is approved, the applicant shall revise their design to minimize the amount of hardcover and construct stormwater BMP(s) to treat all runoff created by all impervious surface over the 25 percent maximum. Conditions of Approval: 1. Applicant shall submit a scale copy of existing and proposed plans. 2. Applicant shall work with staff to revise their design toward minimizing the amount of hardcover. 3. Applicant shall construct stormwater BMP(s) to treat all runoff created by all impervious surface over 25 percent.