PC Staff Report 1110 Lake Susan DriveCITY OF CHANHASSEN
PROPOSED MOTION:
PC DATE: June 5, 2018
CC DATE: June 25, 2018 C-1
REVIEW DEADLINE: July 3, 2018
CASE #: 2018-07
BY: MW
"The Chanhassen Board of Appeals and Adjustments approves a 3 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:
M
The applicant is requesting a 3 percent lot coverage variance to allow the construction of 144
square -foot shed. The property is located in a planned unit development that limits lot coverage
to 25 percent. The property currently has a non -conforming lot coverage of 3,013 square feet,
26.8 percent, and the proposed shed would increase the lot coverage by 144 square feet to 3,157
square feet, 28 percent. A variance is needed to increase the existing non -conforming lot
coverage.
LOCATION: 1110 Lake Susan Drive
(PID 251870680)
OWNER: Mark A & Rebecca L Erickson
1110 Lake Susan Drive
Chanhassen, MN 55317
PRESENT ZONING: PUDR
2030 LAND USE PLAN: Residential Low Density
ACREAGE: .25 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.
Planning Commission
1110 Lake Susan Drive — Variance — Planning Case 2018-07
June 5, 2018
Page 2 of 7
PROPOSAL/SUMMARY
The applicant is proposing adding a
small, 144 square -foot, storage shed in
their rear yard. The purpose of installing
the shed is to allow for the storage of
various lawn care items and to allow the
property owner to make better use of
their garage space. The proposed shed
would increase the property's lot cover
from 26.8 percent, 3,013 square feet, to
28 percent, 3,157 square feet. The shed
would meet all other aspects of the city's
zoning code.
The applicant has noted that while their
lot meets their planed unit development's
(PUD) minimum lot size, it is one of the
smallest lots within their subdivision and
does not meet the PUD's minimum lot
width. They have also observed that the
total lot coverage that they are proposing
for the property would be under the 25
percent limit for over three quarters of
the properties in their subdivision.
The applicant has also expressed concern
that the 25 percent lot coverage limit for
properties within the Chanhassen Hills
PUD is atypical, and has noted that the
current city ordinance allows for low and
medium densit residential PUDs to be
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created with a 30 percent lot coverage limit. They have observed that the majority of the city's
PUDs appear to allow a lot coverage of 30 percent for properties located outside of the shoreland
management area or contain provisions allowing for lot coverage to be averaged out over the
entire development.
The applicant has acknowledged the importance of managing stormwater runoff and limiting the
amount of impervious surface on properties, but feels that their proposed 144 square foot
increase will not negatively impact the environment and would leave their property with a lot
coverage total below what most similar properties are allowed.
APPLICABLE REGULATIONS
Chapter 20, Article Il, Division 3, Variances
Chanhassen Hills Zoning Standards
Planning Commission
1110 Lake Susan Drive — Variance — Planning Case 2018-07
June 5, 2018
Page 3 of 7
BACKGROUND
General PUD Ordinance
On February 8, 1972 the city adopted Ordinance Number 47 which provided for the creation of
single family planned unit developments (P-1). This ordinance dealt only with lot dimensions.
Setbacks were determined by underlying zoning district.
On December 15, 1986 the city adopted Ordinance 80 which established the framework for the
existing zoning code. This changed P -1's to PUD -R. Lot coverage was not addressed, and was
determined by underlying zoning district*.
On June 24, 1991 the adopted Ordinance 149 which allowed low or medium density PUD -Rs up
to 30 percent lot coverage.
*This ordinance also changed the R-1 residential district to the RSF district which limited
properties to 25 percent lot coverage.
Chanhassen Hills PUD 85-06
On October 27, 1980 the City Council approved the rezoning from R -IA to P-1, Planned
Residential Development.
On June 16, 1986 the City Council approved the following:
• The negative declaration and evaluation of Environmental Assessment.
• Preliminary and Final Development Plan for 180 lots, 6.5 acres of multi -family and 7.8
acres of parkland.
• Land Use Plan Amendment to designate 20 acres of Medium Density Residential to Low
Density Residential, 6.5 acres of Low Density Residential to High Density Residential,
7.8 acres of Low Density Residential to Parks and Open Space
• A Wetland Alteration Permit for drainage purposes
• Single —family home on property zoned P-1, Planned Unit Residential Development.
On October 6, 1986 the City Council approved the plans and specifications, grading permit phase
one and the final plat for Chanhassen Hills 11 Addition.
On October 5, 1987 the City Council approved the final plat for Chanhassen Hills 2nd Addition.
On May 8, 1989 the City Council approved the final plat for Chanhassen Hills 3`d Addition.
On August 13, 2012 the City Council approved an ordinance rezoning all property within
Chanhassen Hills, Chanhassen Hills 2"d Addition, and Chanhassen Hills, 3`d Addition to Planned
Unit Development — Residential and incorporated the current design standards.
Planning Commission
1110 Lake Susan Drive — Variance — Planning Case 2018-07
June 5, 2018
Page 4 of 7
1110 Lake Susan Drive
On June 17, 1993, the city approved a permit for the construction of a detached single family
home.
The property is located within the Chanhassen Hills PDDR. Properties within this PUDR have a
minimum lot size of 11,200 square feet, have front and rear setbacks of 30 feet, 10 -foot side yard
setbacks, and are limited to 25 percent lot coverage. Lots are also required to have a minimum
lot width of 80 feet and minimum lot depth of 125 feet.
The lot is 11,263 square feet and currently has 3,013 square feet of lot cover resulting in a non-
conforming 26.8 percent lot coverage. The lot also has a non -conforming lot width of 76.17 feet
at building setback. All other features on
the property meet the standards established
by the PUDR and applicable City Code.
NEIGHBORHOOD
Chanhassen Hills 3rd Addition
The plat for this subdivision was recorded
in August of 1989. The PUDR was
established as part of Planning Case 1985-6
and was amend to its current form as part
of Planning Case 2012-04-5. The
Chanhassen Hills PUDR consists of 172
detached single family lots.
Variances within 500 feet: None
ANALYSIS
The appropriateness of granting a lot coverage variance should be assessed based on three factors;
1) aesthetics and neighborhood context; 2) amount
of lot cover; and, 3) potential environmental impact.
Aesthetics and Neighborhood context
The PUD was plated with a wide variety of lot sizes
ranging from 150,000 square feet to 11,200 square
feet with a median lot area of 14,466 square feet.
About half of the lots, approximately 95 of the
PUD's 172, are under 15,000 square feet and
approximately 50 lots have widths below 80 feet.
The large range in lot sizes within this PUD means
that homeowners have vastly different abilities to
Planning Commission
1110 Lake Susan Drive — Variance — Planning Case 2018-07
June 5, 2018
Page 5 of 7
improve their properties and some homes are at or over 25 percent lot coverage with just the house,
garage, and driveways, and others are able to add pools and other accessory structures without
exceeding 25 percent lot coverage.
Chanhassen Hills 3rd Addition
< .26
mber of lots
10
Pe
12.35%
.26 to .30
13
16.05%
.30 to .35
23
28.40%
35 to .40
16
19.75%
.40 to .45
5
6.17%
.45+
14
17.28%
Total
81
100.00%
Amount of lot cover
The city's lot coverage limits are
designed to balance stormwater
management and intensity of land
use with allowing homeowners
reasonable use of their property.
Within Chanhassen Hill's 3'a addition only 12.35 percent
of parcels are less than .26 acres, approximately 11,325
square feet. Due to their larger lot size, some of the
neighboring properties have installed sheds, patios, and
other forms of lot cover. The applicant's proposed
backyard shed would not be an atypical use nor would its
144 square foot size be out of character for the
neighborhood. Other properties in the subdivision are also
at or above the 25 percent lot cover limit, and allowing the
applicant to increase their property's lot cover by 1.2
percent would not alter the character of the neighborhood.
Zore
is Size AMIKEISI
owed
o
RSF
15,000
25%
3,750 sq.
ft.
RLM
9,000
35%
3,150 sq.
ft.
PUDR
11,000
30%
3,300 sq.
ft.
The table to the right shows a
breakdown of the city's three most common detached single-family residential districts. It should be
noted that properties zoned RLM and PUDR are expected to dedicate land or otherwise offset the
increased percentage of lot cover, and that not all PUDRs are permitted 30 percent lot coverage.
Of the approximately 2,002 dwelling units zoned PUDR with a referenced RSF zoning, 933 units
are limited to 25 percent hardcover by their PUD ordinance, this total does not include dwelling
units located in PUDRs that allow for 30 percent lot coverage but limit homes within the shoreland
management district to 25 percent. Between properties zoned PURR, RSF, and those located within
the shoreland district the majority of detached single family homes in the city are limited to 25
percent lot coverage.
The 25 percent lot coverage limit established for the Chanhassen Hills PUDR is neither atypical nor
unreasonable, especially given the presence of a significant number of larger lots; however, it does
means that lots meeting the development's minimum lot size are limited to 2,800 square feet of lot
cover. Owners of these small lots typically find that once a garage, home, and driveway are
constructed there is a very limited amount of lot cover left to allow for accessory uses. In the case of
the applicant's property the house, garage, and driveway alone place the property at 2,834 square
feet of lot coverage with the existing sidewalk and patio adding an additional 179 square feet.
Including the proposed shed the applicants' total lot coverage would be 3,157 square feet, which is
an amount that most property's meeting their zoning district's minimum lot area would be allowed,
as well as an amount that most properties within their subdivision would be permitted. The 12 -foot
by 12 -foot dimensions of the proposed shed are fairly modest and combined with the existing house
would be a reasonable intensity of use for the property.
Planning Commission
1110 Lake Susan Drive — Variance — Planning Case 2018-07
June 5, 2018
Page 6 of 7
Potential environmental impact
The third factor that the city uses in determining
appropriate amounts of lot coverage has to do with
the impacts that increased rates and volumes of
stormwater runoff can have on the city's water
resources and stormwater management infrastructure.
The Chanhassen Hills PUD is bordered by the Lake
Susan Preserve and its wetland complex to the east,
Lake Susan to the north, the bluff creek overlay
district to the south, and additional wetlands to the
southwest. Review of the minutes from the City
Council and Planning Commission meetings
associated with PUD 85-6 show a great deal of
concern for the impact that the lot cover associated
with the development could have on these water
resources.
The City's Water Resources Coordinator (WRC) has
indicated in an attached memo that this area's stormwater ponds were designed to treat a
development with 25 percent impervious surface. The WRC also noted that the city had to prioritize
maintenance on this development's ponds in 2017-2018 due to the fact that these ponds are
struggling to hold the area's stromwater. hi general, the WRC has noted that Lake Susan does not
meet water quality standards and that staff has received complaints about the impact that the area's
overtaxed stormwater ponds have on surrounding properties.
Regarding this specific proposal, the WRC has noted that the proposed shed is under a 150 square
feet and does not represent a significant increase in the property's overall lot cover. The WRC has
indicated that so long as the development's total lot cover does not exceed 25 percent, small
increases like the proposed shed are unlikely to have a significantly negative impact. The WRC
recommends that theapplicant consider
planting additional trees or deep rooted native
vegetation to help offset the proposed
increase in lot coverage.
The applicant's proposed shed does
represent an increase in the property's lot
coverage beyond the 25 percent permitted
by the PUD's zoning ordinance; however,
the applicant's lot amount among is the
smallest within the subdivision and cannot
accommodate a house, garage, driveway,
and accessory structure within the PUD's
lot coverage limit. The applicant's proposed
Planning Commission
1110 Lake Susan Drive — Variance — Planning Case 2018-07
June 5, 2018
Page 7 of 7
accessory structure is fairly small and does not represent a significant increase in .the property's
existing non -conforming lot cover. Finally, the proposed amount and type of lot cover is in line
with what is present on the surrounding properties. For these reasons staff is recommending
approval of the proposed variance with conditions.
RECOMMENDATION
Staff recommends that the Planning Commission approves a 3 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 zoning permit.
2. Lot coverage may not exceed 3,157 square feet.
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 the 3 percent lot coverage
variance."
ATTACHMENTS
1. Finding of Fact and Decision Approval
2. Finding of Fact and Decision Denial
3. Development Review Application
4. Water Resources Coordinator Email
5. Public Hearing Notice Mailing List
6. Variance Document
GAPLAN\2018 Planning Cases\18-07 - 1110 Lake Susan Dr\Staff Report -1110 Lake Susan Drive_PC.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
The application of Mark A and Rebecca L Erickson for a 3 percent lot cover variance on a
property zoned PUDR - Planning Case 2018-07.
On June 5, 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 Planned Unit Development -Residential (PURR).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 15, Block 5, Chanhassen Hills 3'u Addition
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 lot coverage limit is to balance stormwater management
and intensity of land use with allowing homeowners reasonable use of their property. The
applicant's proposed increase in lot coverage is not expected to significantly impact the
area's water resources, and the proposed use and resulting total lot coverage are both typical
for a detached single-family home. Allowing a house, garage, driveway, and small
accessory storage shed in a situation where the resulting lot cover is not expected to degrade
nearby water resources is in harmony with the intent of this 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 applicant's request to install a small storage shed is a reasonable proposed
use for the property and will assist them in meeting the requirements of the city's outdoor
storage ordinance by providing additional indoor storage space. They are unable to
construct the proposed shed within the lot cover limits established by the city's zoning
ordinance due to the atypically small size of their lot.
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 Chanhassen Hills subdivision was created under the first iteration of the
city's PUD ordinance where developers were allowed to average lot sizes across a
development. The applicant's lot was amongst the smallest created under this system,
which provided the homeowner with insufficient lot coverage to accommodate a small
storage shed without a variance.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The proposed use and resulting lot coverage are both consistent with what is
found detached single-family residential neighborhoods and the surrounding properties.
Allowing the installation of a small rear yard storage shed will not alter the essential
character of the locality.
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 #2018-07, dated June 5, 2018, prepared by MacKenzie Walters, is
incorporated herein.
"The Chanhassen Board of Appeals and Adjustments approves a 3 percent lot coverage
variance, subject to the following conditions:
1. The applicant must apply for and receive a zoning permit.
2. Lot coverage may not exceed 3,157 square feet."
ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2018.
CITY OF CHANHASSEN
IM
Chairman
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(DENIAL)
The application of Mark A and Rebecca L Erickson for a 3 percent lot cover variance on a
property zoned PUDR - Planning Case 2018-07.
On June 5, 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 Planned Unit Development -Residential (PUDR).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 15, Block 5, Chanhassen Hills 3'a Addition
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 lot coverage limit is to balance stormwater management
and intensity of land use with allowing homeowners reasonable use of their property. The
applicant's property currently has a home and three car garage which constitute a reasonable
use for a lot zoned for detached single-family residences. Allowing the applicant to exceed
the lot cover limit and generate stormwater runoff in excess of what the subdivision
stormwater ponds were designed to retain is not consistent with the intent of this Chapter or
the comprehensive plan.
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 currently has a three car garage which provides indoor storage in
excess of what is required by the city's standards for single-family homes. The property
owner could reconfigure the existing lot cover to allow for the construction of a shed
within the standards established by the zoning code.
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 meets the planned unit development's minimum lot area. The
applicant is unable to build a storage shed due to the fact that the house, attached three
car garage, and driveway were designed and built up the area lot coverage limit. The
applicant could install the shed if they reconfigured the property's existing lot cover.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The proposed use and resulting lot coverage are both consistent with what is
found detached single-family residential neighborhoods and the surrounding properties.
Allowing the installation of a small rear yard storage shed will not alter the essential
character of the locality.
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 #2018-07, dated June 5, 2018, prepared by MacKenzie Walters, is
incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments denies the 3 percent lot coverage
variance."
ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2018.
CITY OF CHANHASSEN
BY:
Chairman
2
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division – 7700 Market Boulevard
Mailing Address – P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-13001 Fax: (952) 227-1110
N
CITE OF CHAIdHASSEN
APPLICATION FOR DEVELOPMENT REVIEW �} y
Submittal Date:. i o PC Date:. 1 Cc Date: 60 -Day Review Date: �1 6
(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)
per lot
❑ Single -Family Residence ................................
$325
❑ All Others .........................................................
$425
❑
Interim Use Permit (IUP)
❑ In conjunction with Single -Family Residence..
$325
❑ All Others.........................................................
$425
❑
Rezoning (REZ)
❑ Planned Unit Development (PUD) ..................$750
through the development contract.
❑ Minor Amendment to existing PUD .................$100
❑
Vacation of Easements/Right-of-way (VAC)........
❑ All Others .........................................................$500
❑
Sign Plan Review ...................................................
$150
❑
Site Plan Review (SPR)
❑
Wetland Alteration Permit (WAP)
❑ Administrative ..................................................$100
❑ Single -Family Residence ...............................
❑ CommerciaVindustrial Districts' ......................$500
❑ All Others .......................................................
Plus $10 per 1,000 square feet of building area:
❑
(_thousand square feet)
$100
❑
'Include number of existin employees:
$500
NOTE: When multiple applications are processed concurrently,
•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) _
Q
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 enerpre-application meeting) .................................................. $3 per address
( 35 addresses)
1] Escrow for Recording Documents (check all that apply) ....:................................ ............................. $50 per document
❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement
❑ Vacation ❑✓ Variance ❑ Wetland Alteration Permit
❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (—easements) 17 T Deeds FEE: $355.00
Section 2: Required Information
Description of Proposal: Permit hard cover percentage of 28% to allow for 1993 as -built condition and the building of a
back yard storage shed.
Property Address or Location:
Parcel #: 251870680
Legal Description:
1110 Lake Sussan Drive
Lot 15, Block 5, Chanhassen Hills 3rd Addition
Total Acreage: 0.26 Wetlands Present? ❑ Yes 0 No
Present Zoning: Planned Unit Development (PUD) Q Requested Zoning: Planned Unit Development (PUD) 0
Present Land Use Designation: Residential Low DensQ Requested Land Use DesignatiQ T4t04ft1&'N.W ity0
Existing Use of Property: Primary home RECEIVED
rvICheck box if separate narrative is attached.
MAY 0 4 2018
CHANHASSEN K ANIa% DEPT
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself Informed of the deadlines for submission of material and the progressofthis application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
arty authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/StatefZip: Cell:
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 bythose
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: Mark Erickson Contact:
Address: 1110 Lake Susan Drive Phone: (952) 949.2774
City/State2ip: Chanhassen, MN 55317 Cell: (952) 250-1722
Email: m rickson@hotmail.com Fax:
Signature: Date: 4/26/16
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.
PROJECT ENGINEER (if applicable)
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports? *Other Contact Information:
❑ Property Owner Via: ❑✓ Email ❑ Mailed Paper Copy Name:
❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address:
❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip:
❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.
- SAVE FORM PRINT FORM SUBMfi FORM
Variance Request Information
Mark and Rebecca Erickson
1110 Lake Susan Drive
Chanhassen, MN 55317
April 26, 2018
We are hoping to build a storage shed in our back yard to hold items such as the lawn mower, wheel
barrow, rakes and similar items. Placing those items in a storage shed would allow us to make better
use of our garage space. Using the garage space for a vehicle would improve the safety of my family in
cold weather when we all struggle with snow and frost covering our vehicles.
Ordnance Number 561, passed on August 13, 2012, sets the following Planned Unit Development (PUD)
standards for Chanhassen Hills 2nd and 3rd Addition:
Minimum Lot Size 11,200 Sq. Ft.
Minimum Lot Width 80 Ft.
Minimum Lot Depth 125 Ft.
Hard Surface Coverage 25%
Ordnance Number 561 was passed 19 years after our PUD was built and I'm not sure what standard was
used to set the 25% Hard Surface Coverage at that time. When my home was built in 1993 the
developer build my home, driveway and sidewalks to cover 3,013 Sq. Ft. My lot measures 11,263 Sq. Ft.
creating a hard cover percentage of 27%. If I am allowed to build the shed I have proposed the hard
cover will change to 3,157 Sq. Ft. and the hard cover percentage would change to 28%.
Unfortunately, the developer configured my lot as one of the smallest in the group of 172. It does not
even meet the requirement of 80 Ft. wide also specified in Ordnance Number 561. If the amount of
hard cover I am proposing was placed on any of the 81 lots in the Chanhassen Hills 3rd Addition it would
be under the 25% requirement for 76% of them.
The 2017 (Current) CODE OF ORDINANCES OF THE CITY OF CHANHASSEN, MINNESOTA, CHAPTER 20,
ARTICLE VIII, Sec. 20-505(e) specifically states the hard coverage of a low or medium density residential
area zoned PUD shall be 30%. Many of the developments within the city use the 30% hard coverage
standard and some also include the wording that individual lots can go over 30% as long as the average
of the PUD remains 30%.
1 searched for ordnances that specify the hard cover in other PUDs that comply with a Single Family
Residential District (RFS). I found 14 developments that specify a hard cover percentage of 30% and
only mine and 1 other (Summerfield), not adjacent to wetlands, which require a hard cover percentage
of 25%.
1 understand and appreciate the environmental responsibility of maintaining a limit on the hard cover of
property within the city. I feel the 1% increase I am proposing will not alter character of my property,
the development, or the city. I also believe the proposed 28% hard cover is still below the requirement
placed on the large majority of RFS residents in Chanhassen.
CITY OF CHANHASSEN
Sincerely, /k\ RECEIVED
)0C MAY 042018
CHANHASSEN PLANNING
Mark A. Erickson, PE DER
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1110 LAKE SUSAN DRIVE, CHANHASSEN MN
MARK A. ERICKSON, PE
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LOT 15, BLOCK 5, CHANHASSEN HILLS 3RD ADDITION
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ZONED: PUD - MAX HARDCOVER 30°�
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4/10/201
(CODE OF ORDINANCES OF THE CITY OF CHANHASSEN, MINNESOTA,
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CHAPTER 20, ARTICAL VIII, Sec. 20505(e))
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LOT SURVEYS CCOMPANY,1NC. INVOICE NO. 34384
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7601 - 73rd .Avenue North 684+4098 For Excavation On[
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Proeprty located in Section
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Carver County, Minnesota
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Minneapolis, Minnesota 65428
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Lot 15, Mock 5, CIMMS-594 liI[.LS 3RD ADDITIC14
Proposed building Information must be checked with approved building
Plan before excavation and construction.
Tta arNy eaternenb shown sm from piste of rocdd or Intonation provided by
alert.
V* hereby cartity thm Mit 16 true and correct representation of a survey of the
bourrdW" of lire above dsacribed land And the IWAI onof alt buildings andvis.
Ible encroadvnents, If any, from or on said lens.
Surveyed by us this24tJ) day of May i9 93
10
APR 11 2Qyg
CHANHASSAN INSPECTIONS
Signed
FlbiymAnd A. PraVh eg. No, 6743
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Denotes
Existing Elevation
(E�)
Denotes
Proposed Elevation
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Surface Drainage
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Top of Block
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Lot 15, Mock 5, CIMMS-594 liI[.LS 3RD ADDITIC14
Proposed building Information must be checked with approved building
Plan before excavation and construction.
Tta arNy eaternenb shown sm from piste of rocdd or Intonation provided by
alert.
V* hereby cartity thm Mit 16 true and correct representation of a survey of the
bourrdW" of lire above dsacribed land And the IWAI onof alt buildings andvis.
Ible encroadvnents, If any, from or on said lens.
Surveyed by us this24tJ) day of May i9 93
10
APR 11 2Qyg
CHANHASSAN INSPECTIONS
Signed
FlbiymAnd A. PraVh eg. No, 6743
Potter, Jenny
From: Strong, Vanessa
Sent: Monday, May 14, 2018 10:38 AM
To: Potter, Jenny; Walters, MacKenzie
Subject: RE: Agency Review Request - 1110 Lake Susan Drive - VAR
MacKenzie,
Thank you for the opportunity to comment.
1. It appears there is a large amount of rock landscaping on the property. City code defines impervious surface as
Sec. 1-2. - Rules of construction and definitions. 'Impervious surface means a surface that either prevents or retards the
entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow
than prior to development..."
The applicant needs to identify whether there is plastic or permeable fabric under the rock landscaping. If plastic exists
the Applicant must recalculate the impervious coverage and replace plastic with permeable fabric as a condition of
approval.
2. This PUD falls within the shoreland overlay district. DNR restricts hardcover to 25% in shoreland zones. The City
enforces this requirement. Staff suspects this is why the development was limited to 25%.
3. Staff must consider other residents in the neighborhood and capacity of existing infrastructure. The stormwater
management for this development was designed to treat 25% impervious. The residents who live adjacent to these
ponds do call with concerns regarding the impact these ponds are having to their own yards and property. These ponds
struggle to hold stormwater from additional impervious area and rainfall events they were not designed for. The city
prioritized cleaning two of these ponds in 2017-18 to attempt to alleviate some of the existing historical issues.
4. By todays residential development standards this property has a common lot size and a three car garage. It is unclear
where the hardship exists. Water resources, however, has a perspective limited to our area of responsibility. We may
not be fully aware of all information necessary to fully evaluate the hardship requirement.
5. If approved staff recommends the applicant at least consider opportunities to reduce total impervious area on their
lot, or replace turf grass with additional trees and deep rooted native vegetation to improve local water quality. This
neighborhood drains to Lake Susan. Lake Susan does not meet state water quality standards. This reduces property
values, lake health, neighborhood aesthetic, and local residents enjoyment of Lake Susan. Only through the actions of
individual property owners and local residents will the Lake improve.
6. The requested impervious increase is less than 150 square feet and within one percent of existing conditions. If the
total average drainage area to the stormwater infrastructure (ponds) is maintained at 25% the requested increase is
unlikely to create significant impact.
Vanessa
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 May
24, 2018, 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 hearing to consider a
variance for lot cover to build a shed for property located at 1110 Lake Susan Drive and
zoned Planned Unit Development (PUD -R) Applicant/Owner: Mark Erickson 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 Mm^ 2018.
No ry Public
Kim T. Meuwissen, Deputy Clerk
JENNIFER ANN POT(ER
Not Public -Minnesota
1� My CommbaOn FxPkN Jm 31.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, June 5, 2018 at 7:00 p.m. 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 a variance for lot cover to build a shed.
Applicant:
Mark Erickson
Property
1110 Lake Susan Drive
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
public hearing through the following steps:
What Happens
W
Wthe
1. Staff will give an overview of the proposed project.
at Meeting:
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/2018-07. 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
Questions &
phone at 952-227-1132. If you choose to submit written
Comments:
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.
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/nof me to sign up!
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings,
Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City
ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is
invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are
available by request. Al the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation.
The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the
public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify
wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority
vote of the City Council except rezonings and land use amendments from residential to commercialfndustdal.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard.
Some applications due to Cher complexity may take several months to complete. Any person wishing to follow an item through the
process should check with the Planning Department regarding its status and scheduling for the City Council meeting.
• A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to
meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s).
• Because the Manning Commission hobs the public hearing, the City Council does not. Minutes are taken and any corespondence
regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report,
lease contact the Planning Staff person named on the notification.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, June 5, 2018 at 7:00 p.m. This hearing may not start until
later in the evening, depending on the order of theagenda.
Locatiow
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Request for a variance for lot cover to build a shed.
Applicant:
Mark Erickson
Property
1110 Lake Susan Drive
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
public hearing through the following steps:
What Happens
1. Staff will give an overview of the proposed project.
at the Meeting:
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 pr9ject.
If you want to see the plans before the meeting, please visit
the city's projects web page at:
www.c!.chanhassen.mn.us/2018-07. If you wish to talk to
someone about this project, please contact MacKenzie
Walters by email at mwaltersta7ci.chanhassen.mn.us or by
Questions &
phone at 952-227-1132. If you choose to submit written
Comments:
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 lanning Commission meeting.
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!
Chy Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings,
Comprehensive Plan Amendments and Code Amendments require a public heading before the Planning Commission. City
ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is
invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are
available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation.
The item will be opened for the public to speak about the proposal as a part of the heading 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, affirm or modify
wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority
vote of the City Council except rezonings and land use amendments from residential to commeroialfnduslnal.
• Minnesota Slate Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard.
Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the
process should check with the Manning Department regarding its status and scheduling for the City Council meeting.
• A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Offen developers are encouraged to
meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s).
• Because the Manning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence
regarding the application will be included in the report to the Oly Council. If you wish to have something to be indudetl in the report,
lease contact the Manning Staff person named on the nofification.
TAX NAME
TAX _ADD _L1
TAX_ADD_1-2
TAX_ADD_L3
BABATUNDE 0 AWOYINKA
1121 LAKE SUSAN DR
CHANHASSEN
MN 55317-9342
CALVENTE BERRIOS NIMROD
1071 LYMAN CT
CHANHASSEN
MN 55317-8535
CHAD W & LAUREN J OLSEN
1071 LAKE SUSAN DR
CHANHASSEN
MN 55317-9337
CRAIG JAY & ELAINE C HEITZ
1011 LAKE SUSAN DR
CHANHASSEN
MN 55317-9337
DAVID GEORGE
1051 LAKE SUSAN DR
CHANHASSEN
MN 55317-9337
DAVID M JACOBSON
1100 LAKE SUSAN DR
CHANHASSEN
MN 55317-9497
DZUNG HOANG NGUYEN
1081 LYMAN CT
CHANHASSEN
MN 55317-8535
ERIC C & DANA R HUSEMOEN
1091 LAKE SUSAN DR
CHANHASSEN
MN 55317-9337
ERIK DALE
1190 LYMAN BLVD
CHANHASSEN
MN 55317-9166
GEORGE J JR & LISA A CEASER
1091 LYMAN CT
CHANHASSEN
MN 55317-8535
HUBERT H & VICKY L MCKENZIE
1021 LAKE SUSAN DR
CHANHASSEN
MN 55317-9337
JAMES ALAN SUBAK
1060 LAKE SUSAN DR
CHANHASSEN
MN 55317-9406
JAY K & KELLY S SELTUN
1040 LAKE SUSAN DR
CHANHASSEN
MN 55317-9406
JEFFREY M & JAMIE M COOK
1101 LAKE SUSAN DR
CHANHASSEN
MN 55317-9342
JEFFREY M & PATRICIA J YEAGER
1120 LAKE SUSAN DR
CHANHASSEN
MN 55317-9497
JEREMY R & SHEILA K CARTER
1081 LAKE SUSAN DR
CHANHASSEN
MN 55317-9337
KENT B & LORI BETH WARNBERG
1111 LYMAN CT
CHANHASSEN
MN 55317-8535
KURT A& SARAH J FERDERER
1090 LAKE SUSAN DR
CHANHASSEN
MN 55317-9406
KYUNG-SHIK PARK
1080 LAKE SUSAN DR
CHANHASSEN
MN 55317-9406
MANATH LENGSAVATH
MARK A & REBECCA L ERICKSON
MATTHEW L KUTZ
1061 LYMAN CT
1110 LAKE SUSAN DR
1080 LYMAN CT
CHANHASSEN
CHANHASSEN
CHANHASSEN
MN 55317-8535
MN 55317-9497
MN 55317-8535
MICHAEL D TIMM
1101 LYMAN CT
CHANHASSEN
MN 55317-8535
MICHAEL GREILING
1060 LYMAN CT
CHANHASSEN
MN 55317-8535
MOLLY ESTLE
1050 LAKE SUSAN DR
CHANHASSEN
MN 55317-9406
NICK ROGERS
1100 LYMAN CT
CHANHASSEN
MN 55317-8535
PAULA LARSON
1061 LAKE SUSAN DR
CHANHASSEN
MN 55317-9337
RAJINDRA BHIKHAI
1051 LYMAN CT
CHANHASSEN
MN 55317-8535
RICHARD L & LINDA C NELSON
1070 LYMAN CT
CHANHASSEN
MN 55317-8535
RICKY JOSEPH BARTHEL
1090 LYMAN CT
CHANHASSEN
MN 55317-8535
STATE OF MINNESOTA - DOT
395 JOHN IRELAND BLVD 631 TRAN
ST PAUL
MN 55155-1801
STEVEN D & DEBORAH L FUHRMAN
1031 LAKE SUSAN DR
CHANHASSEN
MN 55317-9337
TANNER J HARLOW
1111 LAKE SUSAN DR
ICHANHASSEN
MN 55317-9342
THY TRAVIS
TIMOT
55346-2
6752 HARLAN DR EDEN PRAIRIE MN 504
TODD E & VERONICA L SCHULZ
1070 LAKE SUSAN DR
CHANHASSEN MN 55317-94_06
YANG GEUN PAK & SOO OK PAK
11041 LAKE SUSAN DR
CHANHASSEN I MN 55317-9337
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2018-07
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 a 3 percent lot coverage
variance.
2. Proper . The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 15, Block 5, Chanhassen Hills 3d Addition.
3. Conditions. The variance approval is subject to the following conditions:
1. The applicant must apply for and receive a zoning permit.
2. Lot coverage may not exceed 3,157 square feet.
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: June 5, 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