PC Staff Report 01-19-21PLANNING COMMISSION STAFF
REPORT
Tuesday, January 19, 2021
Subject Consider a Request for a Variance to Allow Construction of an Accessory Dwelling Unit Within a
Proposed SingleFamily Residence Located at 10029 Trails End Road
Section PUBLIC HEARINGS Item No: B.1.
Prepared By MacKenzie YoungWalters, Associate
Planner
File No: Planning Case No. 202106
PROPOSED MOTION:
The Chanhassen Board of Appeals and Adjustments approves the variance request for the use of a singlefamily
dwelling as a twofamily dwelling, subject to the conditions of approval and adopts the attached Findings of Facts
and Decision.
SUMMARY OF REQUEST
The applicant is requesting a variance to construct a second dwelling unit, commonly called an accessory dwelling unit
(ADU), above their proposed home’s attached garage. They have stated that the intent of the variance request is to
allow for them to care for their aging parents, who have some health concerns. Since the City Code restricts lots zoned
Residential SingleFamily to having a single dwelling unit, a variance is required to permit this use.
The applicant has stated that they bought the property at 10029 Trails End with the intent of constructing a multi
generational home to allow for them to care for their parents. They have noted that the City Code allows for variances
to be issued to permit the creation of ADUs in cases where there is a demonstrated need and where the home maintains
the exterior appearance of a singlefamily dwelling. They have explained that their parents’ age and father’s Parkinson’s
diagnosis necessitate this arrangement and that the proposed home will maintain the appearance of a singlefamily
dwelling. Finally, they have stated that granting the variance will not alter the character of the neighborhood.
Generally speaking, the city cannot grant a variance for uses; however, Section 2059 does allow for the city to grant
variances for use of a singlefamily dwelling as a twofamily dwelling, so long as four conditions are met. A variance of
this nature has been requested three times since 2000, and all three of these requests were granted once the applicants
demonstrated that they met or agreed to meet the ordinance’s requirements. Staff has reviewed the applicant’s
proposed home and statement of need, and believes that they meet the requirements outlined in Section 2059 of the
City Code for granting the requested variance. For this reason, staff recommends approval of the requested variance.
A full analysis can be found in the attached staff report.
APPLICANT
PLANNING COMMISSION STAFFREPORTTuesday, January 19, 2021SubjectConsider a Request for a Variance to Allow Construction of an Accessory Dwelling Unit Within aProposed SingleFamily Residence Located at 10029 Trails End RoadSectionPUBLIC HEARINGS Item No: B.1.Prepared By MacKenzie YoungWalters, AssociatePlanner File No: Planning Case No. 202106PROPOSED MOTION:The Chanhassen Board of Appeals and Adjustments approves the variance request for the use of a singlefamilydwelling as a twofamily dwelling, subject to the conditions of approval and adopts the attached Findings of Factsand Decision.SUMMARY OF REQUESTThe applicant is requesting a variance to construct a second dwelling unit, commonly called an accessory dwelling unit(ADU), above their proposed home’s attached garage. They have stated that the intent of the variance request is toallow for them to care for their aging parents, who have some health concerns. Since the City Code restricts lots zonedResidential SingleFamily to having a single dwelling unit, a variance is required to permit this use.The applicant has stated that they bought the property at 10029 Trails End with the intent of constructing a multigenerational home to allow for them to care for their parents. They have noted that the City Code allows for variancesto be issued to permit the creation of ADUs in cases where there is a demonstrated need and where the home maintainsthe exterior appearance of a singlefamily dwelling. They have explained that their parents’ age and father’s Parkinson’sdiagnosis necessitate this arrangement and that the proposed home will maintain the appearance of a singlefamilydwelling. Finally, they have stated that granting the variance will not alter the character of the neighborhood.Generally speaking, the city cannot grant a variance for uses; however, Section 2059 does allow for the city to grantvariances for use of a singlefamily dwelling as a twofamily dwelling, so long as four conditions are met. A variance ofthis nature has been requested three times since 2000, and all three of these requests were granted once the applicantsdemonstrated that they met or agreed to meet the ordinance’s requirements. Staff has reviewed the applicant’sproposed home and statement of need, and believes that they meet the requirements outlined in Section 2059 of theCity Code for granting the requested variance. For this reason, staff recommends approval of the requested variance.A full analysis can be found in the attached staff report.
APPLICANT
Michael and Juliana Sylvia
SITE INFORMATION
PRESENT ZONING: RSF SingleFamily Residential District
LAND USE:Residential Low Density
ACREAGE: .4 acres
DENSITY: NA
APPLICATION REGULATIONS
Chapter 1, Section 12, Rules of Construction and Definitions
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XII, “RSF” SingleFamily Residential District
Section 20615, Lot Requirements and Setbacks
BACKGROUND
In December of 2004, the final plat for the Settlers West subdivision was approved. The lot was never built on and has
remained vacant since that time.
In December of 2020, the applicant applied for a building permit for a home with an ADU. Staff informed them that a
variance would be required to accommodate the proposed use.
In December of 2020, the applicant applied for a variance to permit an ADU.
RECOMMENDATION
Staff recommends that the Planning Commission, acting as the Board of Appeals and Adjustments, approve the
variance request for the use of a singlefamily dwelling as a twofamily dwelling, subject to the conditions of approval
and adopts the attached Findings of Facts and Decision.
1. A building permit must be obtained prior to construction.
2. Building plans must provide sufficient information to verify that the proposed building/structure meets all
requirements of the Minnesota State Building Code; additional comments or requirements may be required after
plan review.
3. The exterior of the home shall maintain the appearance of a singlefamily home (i.e. single driveway, single main
entrance, etc.) and shall substantially conform to the plans dated December 10, 2020.
4. No separate entrance may be created for the apartment above the garage.
5. Separate utility services may not be established.
6. The apartment above the garage may not be rented as a separate unit, and may only be occupied by a relative of
the property owner.
PLANNING COMMISSION STAFFREPORTTuesday, January 19, 2021SubjectConsider a Request for a Variance to Allow Construction of an Accessory Dwelling Unit Within aProposed SingleFamily Residence Located at 10029 Trails End RoadSectionPUBLIC HEARINGS Item No: B.1.Prepared By MacKenzie YoungWalters, AssociatePlanner File No: Planning Case No. 202106PROPOSED MOTION:The Chanhassen Board of Appeals and Adjustments approves the variance request for the use of a singlefamilydwelling as a twofamily dwelling, subject to the conditions of approval and adopts the attached Findings of Factsand Decision.SUMMARY OF REQUESTThe applicant is requesting a variance to construct a second dwelling unit, commonly called an accessory dwelling unit(ADU), above their proposed home’s attached garage. They have stated that the intent of the variance request is toallow for them to care for their aging parents, who have some health concerns. Since the City Code restricts lots zonedResidential SingleFamily to having a single dwelling unit, a variance is required to permit this use.The applicant has stated that they bought the property at 10029 Trails End with the intent of constructing a multigenerational home to allow for them to care for their parents. They have noted that the City Code allows for variancesto be issued to permit the creation of ADUs in cases where there is a demonstrated need and where the home maintainsthe exterior appearance of a singlefamily dwelling. They have explained that their parents’ age and father’s Parkinson’sdiagnosis necessitate this arrangement and that the proposed home will maintain the appearance of a singlefamilydwelling. Finally, they have stated that granting the variance will not alter the character of the neighborhood.Generally speaking, the city cannot grant a variance for uses; however, Section 2059 does allow for the city to grantvariances for use of a singlefamily dwelling as a twofamily dwelling, so long as four conditions are met. A variance ofthis nature has been requested three times since 2000, and all three of these requests were granted once the applicantsdemonstrated that they met or agreed to meet the ordinance’s requirements. Staff has reviewed the applicant’sproposed home and statement of need, and believes that they meet the requirements outlined in Section 2059 of theCity Code for granting the requested variance. For this reason, staff recommends approval of the requested variance.A full analysis can be found in the attached staff report.APPLICANTMichael and Juliana SylviaSITE INFORMATIONPRESENT ZONING: RSF SingleFamily Residential DistrictLAND USE:Residential Low DensityACREAGE: .4 acres DENSITY: NA APPLICATION REGULATIONSChapter 1, Section 12, Rules of Construction and DefinitionsChapter 20, Article II, Division 3. VariancesChapter 20, Article XII, “RSF” SingleFamily Residential DistrictSection 20615, Lot Requirements and SetbacksBACKGROUNDIn December of 2004, the final plat for the Settlers West subdivision was approved. The lot was never built on and hasremained vacant since that time.In December of 2020, the applicant applied for a building permit for a home with an ADU. Staff informed them that avariance would be required to accommodate the proposed use.In December of 2020, the applicant applied for a variance to permit an ADU.RECOMMENDATIONStaff recommends that the Planning Commission, acting as the Board of Appeals and Adjustments, approve thevariance request for the use of a singlefamily dwelling as a twofamily dwelling, subject to the conditions of approvaland adopts the attached Findings of Facts and Decision.1. A building permit must be obtained prior to construction.2. Building plans must provide sufficient information to verify that the proposed building/structure meets allrequirements of the Minnesota State Building Code; additional comments or requirements may be required afterplan review.3. The exterior of the home shall maintain the appearance of a singlefamily home (i.e. single driveway, single mainentrance, etc.) and shall substantially conform to the plans dated December 10, 2020.4. No separate entrance may be created for the apartment above the garage.5. Separate utility services may not be established.6. The apartment above the garage may not be rented as a separate unit, and may only be occupied by a relative ofthe property owner.
ATTACHMENTS:
Staff Report
Findings of Fact (Approval)
Variance Document
Development Review Application
Narrative
Justification of Request
Survey
House Plans
Affidavit of Mailing
Email Comment
CITY OF CHANHASSEN
PC DATE: January 19, 2021
CC DATE: February 8, 2021
REVIEW DEADLINE: February 16, 2021
CASE #: PC 2021-06
BY: MYW
SUMMARY OF REQUEST:
The applicant is requesting a variance for the temporary use of a single-family dwelling as a two-
family dwelling. While variances for uses are not normally allowed, the City Code specifically
allows for this use variance to be granted to facilitate the care of aging family members so long
as the structure maintains the appearance of a single-family dwelling, separate utility services are
not established, and the variance will not negatively impact the neighborhood.
LOCATION: 10029 Trails End Road
OWNER: Michael and Juliana Sylvia
9607 Sky Lane
Eden Prairie, MN 55347
PRESENT ZONING: “RSF” – Single-Family Residential District
2040 LAND USE PLAN: Residential Low Density
ACREAGE: .4 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 applicant is requesting a variance to construct a second dwelling unit, commonly called an
accessory dwelling unit (ADU), above their proposed home’s attached garage. They have stated
that the intent of the variance request is to allow for them to care for their aging parents, who
have some health concerns. Since the City Code restricts lots zoned Residential Single-Family to
having a single dwelling unit, a variance is required to permit this use.
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments approves the variance request for the use of
a single-family dwelling as a two-family dwelling, subject to the conditions of approval and
adopts the attached Findings of Facts and Decision.”
10029 Trails End Road
January 19, 2021
Page 2
The applicant has stated that they bought the property at 10029 Trails End with the intent of
constructing a multi-generational home to allow for them to care for their parents. They have
noted that the City Code allows for variances to be issued to permit the creation of ADUs in
cases where there is a demonstrated need and where the home maintains the exterior appearance
of a single-family dwelling. They have explained that their parents’ age and father’s Parkinson’s
diagnosis necessitate this arrangement and that the proposed home will maintain the appearance
of a single-family dwelling. Finally, they have stated that granting the variance will not alter the
character of the neighborhood.
Generally speaking, the city cannot grant a variance for uses; however, Section 20-59 does allow
for the city to grant variances for use of a single-family dwelling as a two-family dwelling, so
long as four conditions are met. A variance of this nature has been requested three times since
2000, and all three of these requests were granted once the applicants demonstrated that they met
or agreed to meet the ordinance’s requirements. Staff has reviewed the applicant’s proposed
home and statement of need, and believes that they meet the requirements outlined in Section 20-
59 of the City Code for granting the requested variance. For this reason, staff recommends
approval of the requested variance.
APPLICABLE REGULATIONS
Chapter 1, Section 1-2, Rules of Construction and Definitions
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
Section 20-615, Lot Requirements and Setbacks
BACKGROUND
In December of 2004, the final plat for the Settlers West subdivision was approved. The lot was
never built on and has remained vacant since that time.
In December of 2020, the applicant applied for a building permit for a home with an ADU. Staff
informed them that a variance would be required to accommodate the proposed use.
In December of 2020, the applicant applied for a variance to permit an ADU.
SITE CONSTRAINTS
Zoning Overview
The property is zoned Single-Family Residential District. This zoning classification requires lots
to be a minimum of 15,000 square feet, have front and rear yard setbacks of 30 feet, side yard
setbacks of 10 feet, and limits parcels to a maximum of 30 percent lot cover, of which no more
than 25 percent can be impervious surface. Residential structures are limited to 35 feet in height.
The rear of the property is encumbered by a large drainage and utility easement.
10029 Trails End Road
January 19, 2021
Page 3
The lot is 17,756 square feet and appears to meet all of the requirements of the City Code. No
home or other structure is currently present on the lot.
Bluff Creek Corridor
This is not encumbered by the Bluff Creek Overlay District.
Bluff Protection
There are no bluffs on the property.
Floodplain Overlay
This property is not within a floodplain.
Shoreland Management
The property is not within a Shoreland Protection District.
Wetland Protection
There is not a wetland located in the development site.
NEIGHBORHOOD
Settlers West
The plat for this area was recorded in
December of 2004. As this is a newer
subdivision, the lots were plated and
subsequent homes were constructed
under substantially the same City Code
that exists today. Based on aerial photos
of the area, staff does not believe there
are many non-conforming properties or
deviations from the City Code within the
subdivision.
Many of the lots in this subdivision are
subject to the city’s bluff ordinance and
other properties are encumbered by
extensive drainage and utility easements
in order to help manage run off and
protect the area’s environmental features. This subdivision is also atypical in that its sewer and
water utilities are provided by the City of Eden Prairie, rather than the City of Chanhassen.
10029 Trails End Road
January 19, 2021
Page 4
Variances within 500 feet:
10036 Trails End Road (PC 2011-07): 4.3% Lot Cover (sport court) – Denied
ANALYSIS
Single-Family Dwelling as Two-Family Dwelling
The applicant is requesting a variance to construct an ADU above the garage in their proposed
home. Granting the requested variance would allow the applicant to construct a two-family
dwelling unit on a property zoned for a single-family dwelling. Ordinarily, the city cannot grant
variances for uses, i.e. a variance cannot be granted to use a property zoned single-family
residential for an industrial use like a brick factory; however, Section 20-59 of the City Code
allows for the city to issue variances to use a single-family dwelling as two-family dwelling, so
long as four conditions are met.
Specifically, Section 20-59 states:
A variance for the temporary use of a single-family dwelling as a two-family dwelling may only
be allowed under the following circumstances:
(1) There is a demonstrated need based upon disability, age or financial hardship.
(2) The dwelling has the exterior appearance of a single-family dwelling, including the
maintenance of one driveway and one main entry.
(3) Separate utility services are not established (e.g. gas, water, sewer, etc.).
(4) The variance will not be injurious to or adversely affect the health, safety or welfare of
the residents of the city or the neighborhood where the property is situated and will be
in keeping with the spirit and intent of this chapter.
The applicant has stated that they are requesting the variance in order to care for their aging
parents, one of whom was diagnosed with Parkinson’s disease. This circumstance meets the first
requirement and the variance request is in
line with the ordinance’s goal of providing
an option for residents to provide in-home
care for their parents while allowing them to
maintain independence. If the variance is
approved, a condition should be placed on
the approval requiring that the ADU be
occupied by individuals that are related to
the homeowner and preventing its rental as
a spate unit.
The proposed ADU will be located above
the garage and the stairs leading to it can be
accessed via the garage entrance to the main
10029 Trails End Road
January 19, 2021
Page 5
house or from the main level’s back hall. The ADU has approximately 840 square feet of living
area and will feature a kitchen, living room, bedroom, bathroom, and laundry. No separate
exterior entrance to the ADU is present and no separate utility services are proposed. If the
Planning Commission chooses to approve the requested variance, conditions should be placed on
the approval forbidding the creation of a separate entrance and separate utility services.
Staff has reviewed the proposed
plans and the renderings of the
house’s exterior facades and believes
that they are indistinguishable from
those of single-family home. If not
for the presence of a second dwelling
unit, i.e. if the space above the
garage was storage space or a game
room, a permit could be issued
without a variance.
Given the above, staff believes that the applicant’s proposal meets all of the criteria required to
issue a variance for an ADU on the property and recommends approving the requested variance.
Impact on Neighborhood
Settlers West is a newer subdivision where relatively large footprint homes with three-car
garages are the norm. While most of the neighborhood’s homes were built with the garage doors
parallel to the street, multiple houses have the garages set at angles to the street, utilize a side
loading garage design, or otherwise depart from that configuration. The applicant’s proposed
home does not fall outside of the range of variation in design already present in the
neighborhood, nor does any element of its exterior façade depart from the norms associated with
single-family residences.
The variance request for an ADU to allow for the applicant to care for their aging parents is not
expected to generate the traffic, noise, or transient population concerns that can be associated
with placing multi-unit properties within single-family neighborhoods. The city has granted
several variances for ADUs in other neighborhoods and to staff’s knowledge they have generated
no complaints. Additionally, a condition that the ADU not be rented out will be attached to the
variance to prevent the property from subsequently being sold or used as a duplex. Staff does not
10029 Trails End Road
January 19, 2021
Page 6
believe that granting the requested variance would negatively impact any of the surrounding
properties.
RECOMMENDATION
Staff recommends that the Planning Commission, acting as the Board of Appeals and
Adjustments, approve the variance request for the use of a single-family dwelling as a two-
family dwelling, subject to the conditions of approval and adopts the attached Findings of Facts
and Decision.
1. A building permit must be obtained prior to construction.
2. Building plans must provide sufficient information to verify that the proposed
building/structure meets all requirements of the Minnesota State Building Code;
additional comments or requirements may be required after plan review.
3. The exterior of the home shall maintain the appearance of a single-family home (i.e.
single driveway, single main entrance, etc.) and shall substantially conform to the plans
dated December 10, 2020.
4. No separate entrance may be created for the apartment above the garage.
5. Separate utility services may not be established.
6. The apartment above the garage may not be rented as a separate unit, and may only be
occupied by a relative of the property owner.
ATTACHMENTS
1. Findings of Fact and Decision (Approval)
2. Variance Document (Approval)
3. Development Review Application
4. Variance Narrative
5. Justification of Request
5. Survey
6. Proposed Plan
7. Affidavit of Mailing of Public Hearing Notice
g:\plan\2021 planning cases\21-06 10029 trails end road\staff report_10029 trails end road_var.docx
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Michael and Juliana Sylvia, for a variance to use a single-family dwelling as a two-
family dwelling on a property zoned Single-Family Residential District (RSF) - Planning Case 2021-
06.
On January 19, 2021, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and mailed
notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single-Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 12, Block 5, Settlers West
4. Variance Findings – Section 20-59 of the City Code provides the following criteria for the
granting of a variance to use a single-family dwelling as a two-family dwelling:
a. There is a demonstrated need based upon disability, age or financial hardship.
Finding: The applicant has stated that they are requesting the variance in order to care for
their aging parents, one of whom has been diagnosed with Parkinson’s disease.
b. The dwelling has the exterior appearance of a single-family dwelling, including the
maintenance of one driveway and one main entry.
Finding: Settlers West is a newer subdivision where relatively large footprint homes with
three-car garages are the norm. While most of the neighborhood’s homes were built with the
garage doors parallel to the street, multiple houses have the garages set at angles to the street,
utilize a side loading garage design, or otherwise depart from that configuration. The
applicant’s proposed home does not fall outside of the range of variation in design already
present in the neighborhood, nor does any element of its exterior façade depart from the
norms associated with single-family residences.
2
The proposed home has a single driveway and a single main entrance, and conditions have
been placed on the variance to prevent the creation of a separate entrance or significant
deviations from the proposed façade.
c. Separate utility services are not established (e.g., gas, water, sewer, etc.).
Finding: Separate utility services are not proposed and will not be established.
d. The variance will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood where the property is situated and will be in keeping
with the spirit and intent of this chapter.
Finding: The variance request for an accessory dwelling unit (ADU) to allow for the
applicant to care for their aging parents is not expected to generate the traffic, noise, or
transient population concerns that can be associated with placing multi-unit properties within
single-family neighborhoods. The city has granted several variances for ADUs in other
neighborhoods and to staff’s knowledge they have generated no complaints. Additionally,
conditions have been placed on the variance to prevent the property from subsequently being
sold or used as a duplex. Granting the requested variance is not expected to negatively impact
any of the surrounding properties, and is in line with the City Code’s intent that residents
have the option to provide in-home care for family members while allowing them to maintain
independence.
5. The planning report #2021-06, dated January 19, 2021, prepared by MacKenzie Young-Walters,
is incorporated herein.
DECISION
The Chanhassen Board of Appeals and Adjustments approves the variance request for the use
of a single-family dwelling as a two-family dwelling, subject to the following conditions of
approval:
1. A building permit must be obtained prior to construction.
2. Building plans must provide sufficient information to verify that proposed building/structure
meets all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
3. The exterior of the home shall maintain the appearance of a single-family home (i.e. single
driveway, single main entrance, etc.) and shall substantially conform to the plans dated
December 10, 2020.
4. No separate entrance may be created for the apartment above the garage.
5. Separate utility services may not be established.
6. The apartment above the garage may not be rented as a separate unit, and may only be
occupied by a relative of the property owner.
3
ADOPTED by the Chanhassen Planning Commission this 19th day of January, 2021.
CITY OF CHANHASSEN
BY:
Steven Weick, Chairman
g:\plan\2021 planning cases\21-06 10029 trails end road\findings of fact and decision 10029 trails end road (approval).docx
1
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2021-06
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 the
use of a single-family dwelling as a two-family dwelling.
2. Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Lot 12, Block 5, Settlers West.
3. Conditions. The variance approval is subject to the following conditions:
1. A building permit must be obtained prior to construction.
2. Building plans must provide sufficient information to verify that proposed
building/structure meets all requirements of the Minnesota State Building Code;
additional comments or requirements may be required after plan review.
3. The exterior of the home shall maintain the appearance of a single-family home (i.e.
single driveway, single main entrance, etc.) and shall substantially conform to the plans
dated December 10, 2020.
4. No separate entrance may be created for the apartment above the garage.
5. Separate utility services may not be established.
6. The apartment above the garage may not be rented as a separate unit, and may only be
occupied by a relative of the property owner.
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.
2
Dated: January 19, 2021 CITY OF CHANHASSEN
BY:
(SEAL) Elise Ryan, Mayor
AND:
Heather Johnston, Interim City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2021 by Elise Ryan, Mayor, and Heather Johnston, Interim City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
authority granted by its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
g:\plan\2021 planning cases\21-06 10029 trails end road\variance document 21-06.docx
COTIUUN]TY OEVELOPTEMT DEPARTMET
Planning Division - 7700 Market Boulevard
Meiling Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1100 / Fax: (9521227-1110
APPLICATION FOR DEVELOPMENT REVIEW
SubrnittalDate:1>l r?leD CC DEte::/c.l> r
(Rdet to the rypogriala App,tcati.n CllDcuisl lv tqd/rd st/D.fiittd htbnti€too that must amfinpany this adicalio,])
E comprehensive Plen Amendment......................... $600E Minor MUSA line for failing on-site seriners..... $ 100
E Conditimal Use Pemit (CUP)
E suooivision (sue)
E Create 3 lots or less
trtr
E Creete over 3 |ots.......................16m + $15 per lot( loB)
Single-Family Residence $325
$42s
E Metes & Bounds (2 lots)$3{X)
$150
$1e)
$700
E consolidate Lots
E tnterim Use Permit (lUP)El Lot Line Adjusrnent.
trtr
ln coniunction with Single-Family Residence.. $325 E rinat P|at......................
(lndud€s $450 escrow br atbmey ccts)'
'Additirll€sw r€y b. lqrird tr dlr sIcdaE
0rqrgh th. d.trloprll.. afif.ct
All Others $425
E RezonirE (Ru )E Phnned Unit Developmenr eUD)$750 E Vacabn ot easements/Rightd{ay (VAC)........ $3fi,
(Addtrqd IEco.dinS f.€3 rnay *ly)D
D E Variance (VAR)$2m
E Sign ptan Reviru/................ .......$150
E slte Ptan Revkryv (SPR)
E W€iland Alteratim Pemil (wAP)
E Single-Family Residen6...........
trtr AdminishativB..... ................. S10O
Cornmerciaulnd6fhl Disilicls'...................... $$0
Plus ll 0 per 1 ,0(x) squars fst d building area:( tlousand squere feet)
1nctud. 11116.r o,
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'lncfu.b if,rr$€. .a 4gf andorlc:
Residenlial Disfricts ............. $500
Plus $5 per d^dling unit ( units)
E A|l others
E zoning Appeal $1m
E Zoning Ordinanc€ Amendrnent (ZoA)$sm
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fhe +rop.l.te fec shdl bc cfirged fpr ch ryllcdon,
E Nomcatim Sbn (cry b irrtrr rn rlmore)$200
E ProPrty Oflners', List within 5(D' (cey b genc.ab er pre+dirrbn ruering)$3 per address
E Escrou, tq necording DoormenB (ctEck allthetE Conditional Use PermitE vacatbo
E Metes & Bornds SuMMsioo (3 docs.)
Use Permil I Site Ran Agreement
E Wetland Alcration FbmltE variance
E Easernents ( easements) E Oeeos
TOTAL FEE:
Descfipt on of Ptoposal: Requesting a variance to allow an ln-law apartment above the attached 3 car garage.
Property Address or Locatiofl:
Parcel #:
10029 Trails End Rd., Chanhassen
Legal Description:Lot 12, Block 5, Setflers West
Total Acreage:0.41 Wetlands Present?Eves ZNo
Present Zoning Single-Family Rosidential Dislrict (RSD Requested Zoning Select One
Present Land Use Designetion Select One
Existing Use of Property:Empty lot
Section 'l: Application Type (check all that apply)
Required lnformation
@Ctrect< oox if sepsrate nanative is attached
Requested Land Use Designatio n Select One
CITY OT CHAI{IIASSIN
PC 6oo.y R.$d D.b: ).il-L]b-]-A-.ll-
$300
$150
$27s
Section 2:
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing his application, l, as applicant, represent to have obtained
aulhodzation from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to obiect at the hearings on the application or during the appeal period. lf 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 lhe City should contact regarding any matter perlaining to this
applicetion. I will keep mlself informed of the deadlines for submission of material and the progregs of this application. I
further understand that additional fees may b€ cfiarged for consuhing fees, feasibility studies, etc. with an eslimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and corecl-
Contact:
Phone:
Cell:
Fax:
PROPERW OyYilER: ln signing this applicatioo, l, as property ot,wrer, have tull legal capacity to, and hereby do,
aulhorize the filing of this application. I understand that conditbns ot app'ro/al are binding and agreo b b6 bound by those
conditbns, subject oflly to the right to obiecl at the hearings or during the appeal perbds. I will keep mys6f in omed of
tlle deadlines for submission of material and the progress of this applicatbn. I further understand that additbnel fees rnay
be charged for consulting fe€s, feasibility studies, etc. with an estimate prior to any auttprizalion to proce€d with the
study. I certify that the information and exhibiB submitted are tue and conect.
Name:Michael and Juliana Sytuia
Cell:
Fax:
(614 212-19(x)
S(lnatu ,". Michael Sylvia oirrt.a,- t rfr sa.O-:2@).12.t3 talc5{!E
ThG applkxlbn nust be compbEd in full and musl be accompenkd by all inbrmati:n and plans rBquir€d by
appli€ile City Odinance prwisirns. BebrB filing thb epplicatbn, reEr b th€ approprisb Applicaton ClEddist
and corfer with the Planning D€partment to determine the sp€cific ordinance and applicable HoceduEl
rcquirements and fees.
Contact
Phone:
Cell:
Fax:
VUho should receive copies of stafi repofts?
trtr!
Prope y orrvner Via:Applilan[ Ma:EngirEer Ma:Otr€r" Ma:
trtrtrtr
Email
Email
Email
Email
trtrtrtrtr
IilSTRUCTIONS 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 docurnents and payrnent. SUBMIT FoRM to send a digital
copy to the city for prccessing.
PRINT FOR SUBIIT FORT
Narne:
Addrcss:
city/s:tatezip:
Email:
Signaturc:
g61gss. 9607 Sky Lan€
City/StateZip: Eclen Praltu' al?cz
g,n4. mcsylvia@gmail.com
Mo'-
go.ft.1 Mi;hal
tu'-
946. 12111ffr
A determinatbn of comdeteness of the application shall be made within 15 business days of applicatbn submittal. A
syiten notice of applicataon deficiencies shall be mailed to the applicar within 15 business da],s of applioatbn.
PRqTBCT ENG0IEER (if applbeble)
Nam€:
Address:
Gty/slailezrp:
Email:
Section 4: Notification lnformation
Mailed Paper Copy
Mailed Paper Copy
Mailed Paper Copy
Mailed Paper Copy
'Odrer Contact lnfomdion:
No-o.
Address: _
City/Statezip:
tr-oil'
SAVE FORI
Dear Community Development Deparunent and City of Chanhassen,12n4t2020
My name is Michael Sylvia, and my wife is Juliana Sylvia. We have three sons, Mateo (l l),
Sebastian (9), and Cam (5). Our family purchased 10029 Trails End Road in Chanhassen (Lot
12, Block 5, Settlers West) on May 5, 2020. Since then, we've been designing our dream home
for our family of five, with living space above our garage for my parents, Barbma and Michael.
Currently, we are renting a home where my parents live in the finished basement, and have been
for the last l6 months. Living in the basernent is certainly not the ideal living arranganent for
any aging parent/grandparent, and this was never our long term plan. It has always been their
dream to have an inlaw apartment in a home with us. This lot not only provides an excellent
opportunity for this setup, as well as an incredible neighborhood and community that is Settlers
West. My mother is 70 years old, and my father is 7l , and they are both retired teachers. In
2013, my father was diagnosed with Parkinson's disease, a neurological degenerative condition
that impacts all aspects of his life. As expected, his condition continues to deteriorate steadily.
Their lives revolve around our sons, their only grandchildren. My mother is his primary
caregiver, but ultimately this is a family effort as my father needs assistance and supervision
constantly. The one thing they cherish the most is spending time with their grandchildren'
Given these circumstances, the easier we can make that for thern, the better it will be for our
family; especially for our children, who absolutely love Grandma and Grandpa.
On behalfofour entire family, thank you for your time and consideration of this very important
matter, that's dear to our hearts, and the happiness of our family. We are grateful for the
opportunity to have shared our special case with you, and look forward to working with the City
of Chanhassen. Thank you.
Sincerely,
The Sylvia family
684 Excelsior Blvd
Suite 220
Excelsior, MN 55331
Re: Written Justification of Variance Request
10029 Trails End Rd
Chanhassen, MN 553 l7
Sec. 20-59 - Conditions for use of Sinsle Family dwelline as Two Family
dwelling
2. Please note the dwelling has the appearance of a single-family
home in every way, including the maintenance of one driveway and one
main entry.
3. Separate utility services for gas, electricity, water, sewer, etc.
will not be established.
4. The variance will not injure or adversely affect the health,
safety or welfare ofthe residents ofthe cify or the neighborhood where the
property is situated and is in keeping with the spirit and intent of the code.
Justification for Request for Variance
The code states that a variance is appropriate in this situation,
and we feel that the variance is consistent with the
Comprehensive Plan
The circumstances of the family make this variance necessary
and the owner's use of the property will not affect the
community and neighborhood in any way.
a
Align Building and Remodeling, LLC
l. The variance request is to facilitate caring for aging parents and
is not based on economic considerations.
b.
The purpose of this variance is not based on economic
considerations. The utilities are for a single family
dwelling, in perpetuity.
We believe we meet the criteria for granting this variance
Granting this variance will in no way alter the character of the
locality. The house will look like a single family
dwelling, which it is.
Thank you for your consideration.
Steve Longman
Principle
c.
d.
e.
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
( ss.
COUNTYOFCARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
January 7,2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen,
Mirmesota; that on said date she caused to be mailed a copy of the attached notice of a Public
Hearing to consider a request for a variance to allow construction of an accessoty dwelling
unit within a proposed single-femily residence located at 10029 Trails End Road. Zoned
Single-Family Residential @SF), Planning Case No. 2021-06 to the persons named on
attached Exhibit "A", by enclosing a copy ofsaid 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 ofsuch owners were those appearing as such
by the records ofthe County Treasurer, Carver County, Minnesota" and by other appropriate
records.
wrAAt'^
Subscribed and
thiilJh day o
m to before me
i Meuwissen, Deputy C
(Seal)
JEAil M SIECKLII{G
NffryPldbfJin*oa
ft Curtr Elara lt tl,lDa
2021.
N otary Public
Kim
This map as neither a legally recorded map nor a suNey and is not intencled to be used
as one. ilis map as a compilation of records, information and data located in various city.
countv. state and federalofrcts and olher sources regardrng the area shown and is lo
be used icr reterence gurcoses only The Cdy does not waflanl lhat the Geographrc
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irepicton of geographic features. The preceding disdaimer is provaded puBuanl to
Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of thas map acknowledges
fiat the City shall not be liable for any damages, and expressly waives all claims. and
agrees to d;fend, andemnify, and hold harmless the City trom any and all claims brought
bt User, its employees or agents. or third parties whiafi arise out of the use/s ac@ss or
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This map is nerther a lelally recorded map nor a suryey and is nol intended to be used
asone. ihis map isa compilation of records, infomation and data located in various city,
county. state and lederal omces and olher sources regardlng lhe area shown. and is lo
be u;d for reference purposes only The Cty does nol wanant that the Geographrc
lnformation System (GlS) Oata used to Prepare this map are enor free, and the Caty does
not reprcsent that the GIS Data can be used for navigatjonal tracking or any other
purpoie requiring exacting measurement of distance or directaon or preosion in lhe
depictron of geogEphic featurcs. The preceding disclaimer is provided pu.suani to
Minnesota Slatutes 5466.03, Subd. 21 (2000). and lhe user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all daams. and
agrees to dafend. indemnaly, and hold hamless the City from any and all claims brought
bt User its employees or agents, or third parbes which arise out of the use/s access or
use of dala provided.
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From:Steckling, Jean
To:Steckling, Jean
Subject:FW: 10029 Trails End Road (2021-06)
Date:Tuesday, January 19, 2021 8:45:40 AM
From: Kurt Scheppmann <kscheppmann@gmail.com>
Sent: Saturday, January 16, 2021 1:13 PM
To: Walters, MacKenzie <MWalters@ci.chanhassen.mn.us>
Subject: 10029 Trails End Road (2021-06)
Mackenzie,
Being in the neighborhood of this variance request, we had an opportunity to review the
documents on the city website. Looks like the Sylvia's have a beautiful home planned, and
even more commendable is their plan to care for their aging parents. We welcome this plan
and the Sylvia family with open arms. Please feel free to share this with the Sylvia family and
the Planning Commission.
Thank you.
Kurt and Heidi Scheppmann