PC Staff Report 10-18-05
PC DATE:
October 18, 2005
1
CC DATE:
November 14, 2005
CITY OF CHANHASSEN
REVIEW DEADLINE:
November 15, 2005
CASE #:
05-32
BY:
JM
STAFF REPORT
PROPOSAL:
Request for 4.5% hard surface coverage variance from the maximum 25% hard surface
coverage restriction and a 5-foot side yard setback variance for the addition of a sport
court on property located in the Single Family Residential District at 8491 Mission Hills
Circle. The sport court has been built.
LOCATION:
Lot 6, Block 2, Marsh Glen
8491 Mission Hills Circle
Chanhassen, MN 55317
APPLICANT:
Clint & Jennifer Hurt
8491 Mission Hills Circle
Chanhassen, MN 55317
PRESENT ZONING:
Single Family Residential (RSF)
2020 LAND USE PLAN:
Residential – Low Density (Net Density Range 1.2 – 4u/Acre)
ACREAGE:
0.47 acre
DENSITY:
N/A
SITE DATA
SUMMARY OF REQUEST:
The applicant is requesting a 4.5% hard surface coverage variance from
the maximum 25% hard surface coverage restriction and a 5-foot side yard setback variance for the addition
of a sport court. The sport court has already been built.Staff is recommending denial of this request.
Notice of this public hearing has been mailed to all property owners within 500 feet.
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.
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Hurt Variance
Planning Case #05-32
October 18, 2005
Page 2
SUMMARY OF PROPOSAL
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Family Residential (RSF). The
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applicant is requesting a 4.5%
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surface coverage variance from
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the maximum 25% hard surface
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coverage restriction for the
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addition of a sport court,
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bringing the hard surface
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coverage to 29.5%. This
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structure has already been built.
APPLICABLE
REGUATIONS
Sec. 20-91. Zoning
compliance review.
(a) Zoning compliance
review shall be required
for the construction of
structures which do not
require building permits
to determine compliance
with zoning requirements
such as setback, site
coverage, structure
height, etc.
(b) Any zoning compliance
review application that
fails to meet zoning
ordinance requirements
shall be denied by the
community development director.
Impervious surface
means any material that substantially reduces or prevents the infiltration of storm
water. It shall include, but not be limited to, gravel driveways, parking area, buildings and structures.
Hurt Variance
Planning Case #05-32
October 18, 2005
Page 3
Sec. 20-615. Lot requirements and setbacks.
25 percent
(5) The maximum lot coverage for all structures and paved surfaces is .
Sec. 20-904. Accessory structures.
(3) Tennis courts and swimming pools may be located in rear yards with a minimum side and rear
yard setback of ten feet, but must comply with applicable ordinary high water mark setbacks.
Sec. 20-908. Yard regulations.
(6) The placement of any structure within easements is prohibited, except for those structures
specified herein. Fences may be allowed within an easement with an encroachment agreement if
they do not alter the intended use of the easement. A driveway or sidewalk from the street to the
house crossing drainage and utility easements at the front of the property are exempt from this
requirement.
Hurt Variance
Planning Case #05-32
October 18, 2005
Page 4
BACKGROUND
The subject property was platted as part of
Marsh Glen which was recorded on
November 8, 2000. The house was built in
2001. The 60’x40’ sport court was not
shown on the plans for the building permit
application. The subject property is
located in the Single Family Residential
(RSF) district and has an area of 20,595
square feet. In the RSF district 25% is the
maximum permitted impervious surface
coverage for a lot. The applicant has a
hard cover of 32.11%, is proposing to
remove 539 square feet (2.62%) of hard
Rear
cover, and is requesting a 4.5% hard cover
Property
variance. The applicant is also requesting
Line
a 5-foot side yard setback variance for the
sport court.
The hard cover issue came to the attention
of the City in the spring of 2005 with an
anonymous phone call from a resident
inquiring about construction of the sport
court close to the applicants’ property line.
Upon inspection of the property, it was
clear that various portions of the improvements were on, or extended across property lines onto
neighboring property. It also appeared the lot could be over on the maximum hard cover percentage.
When it was clear the sport court did not meet required setbacks, the applicant was informed that the
property would have to be brought into compliance with City Code or a variance would be need to be
applied for. After
meeting with staff to
discuss the issues
surrounding the sport
court, the applicant
decided to have an as-
built survey completed on
their property. The as-
built survey revealed the
existing hard cover was
32.11%. Variance
West
requests for relief from
Side
hard cover and setback
Property
restrictions were applied
Line
for on September 16,
2005.
Hurt Variance
Planning Case #05-32
October 18, 2005
Page 5
ANALYSIS
The site is zoned Residential Single Family (RSF). The applicant has completed construction of the
sport court in question. Chanhassen City Code does not require building permits for sport courts.
However, such structures do require a zoning compliance review. The City uses zoning compliance
reviews to ensure that structures, which do not require a building permit, still comply with zoning
ordinances. Criteria of a zoning compliance review include setbacks, hard surface coverage and
structure height.
The applicant has proposed the removal of the concrete slab (120 sq ft), the area of the sport court lying
within the 10-foot drainage & utility easement on the south edge of the property (300 sq ft), those
portions of retaining wall located within drainage and utility easements surrounding the sport court (119
sq ft) and that portion of retaining wall extending 9 feet across the southern property line onto Mission
Hills Garden Homes Homeowners Association property.
Existing Hard Cover Calculations:
Lot Area = 20,595 sq. ft.
House = 1,968 sq. ft.
Driveway = 1,473 sq. ft.
Walk, Stoop, Porch = 242 sq. ft.
Patio = 93 sq. ft.
*Retaining Walls = 281 sq. ft.
*Concrete Slab = 120 sq. ft.
*Sport Court = 2,437 sq. ft.
TOTAL = 6,614 sq. ft. 32.11%
*
Portions of indicated items proposed to be removed.
Proposed Hard Cover Calculation:
House = 1,968 sq. ft.
Driveway = 1,473 sq. ft.
Walk, Stoop, Porch = 242 sq. ft.
Patio = 93 sq. ft.
Retaining Walls = 162 sq. ft.
Concrete Slab = 0 sq. ft.
Sport Court = 2,137 sq. ft.
TOTAL = 6,075 sq. ft. 29.5%
The applicant would have to remove 5 feet by the entire length of the west side of the court to comply
with the 10-foot side yard setback while removing 926.25 square feet from the sport court in order to
bring the hard cover to 25%. The applicant could maintain a 1,210.75 square-foot sport court
(approximately 40’x30’); this would allow the applicant to continue to enjoy their backyard while
complying with ordinance requirements. The area of a basketball court inside the three-point arc is
approximately 628 square feet. The applicant could maintain a sport court nearly twice this size and still
comply with ordinance. Another option for removal of hard cover would be reduction of driveway area.
Hurt Variance
Planning Case #05-32
October 18, 2005
Page 6
The post-construction runoff pattern appears to be consistent with the drainage pattern that existed
before the sport court was constructed. Drainage flows to the existing pond southwest of the Hurt
residence within the Mission Hills townhome development. Based on the Mission Hills storm water
design calculations, this pond can accommodate the additional runoff from the impervious area for
which the Hurts are requesting a variance. However, staff is concerned that, should the Hurt variance
request be granted, future requests for a variance within this drainage area may be requested and granted
based on precedence. Should future variances be granted, the capacity of the pond may be exceeded;
therefore, staff recommends that the hard cover variance request be denied.
While the applicant has expended money for the improvements, such expenditure does not justify the
granting of a variance. Approval of a variance is contingent upon proof that the literal enforcement of
the Chanhassen City Code would cause an undue hardship. Not having a reasonable use of the property
would constitute an undue hardship. Reasonable use is defined as the use made by a majority of
comparable property within 500 feet. Reasonable use of this property, a single-family home with a two-
car garage, already exists. Any use of the property beyond that discussed above is strictly ancillary to
the principal use. Based on these facts, staff must recommend denial of this request.
FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means
that the property cannot be put to reasonable use because of its size, physical surroundings, shape or
topography. Reasonable use includes a use made by a majority of comparable property within 500
feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize
that there are pre-existing standards in this neighborhood. Variances that blend with these pre-
existing standards without departing downward from them meet these criteria.
Finding:
The literal enforcement of this chapter does not cause an undue hardship. By having a
single-family home and a two-car garage the property owner has reasonable use of the property.
Additionally, the applicant could maintain a smaller sport court.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to other
property within the same zoning classification.
Finding:
The conditions upon which this variance is based are applicable to all properties that lie
within the Single Family Residential District.
c. The purpose of the variation is not based upon a desire to increase the value or income potential of
the parcel of land.
Finding:
The improvements increase the value of the property.
d. The alleged difficulty or hardship is not a self-created hardship.
Hurt Variance
Planning Case #05-32
October 18, 2005
Page 7
Finding:
Construction of the sport court was completed before a zoning compliance review was
performed; therefore, this is a self-created hardship.
e. The granting of the variance will not be detrimental to the public welfare or injurious to other land
or improvements in the neighborhood in which the parcel is located.
Finding:
The granting of a variance may be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood in which the parcel is located due to the increase in
runoff from this property.
f. The proposed variation will not impair an adequate supply of light and air to adjacent property or
substantially increase the congestion of the public streets or increase the danger of fire or endanger
the public safety or substantially diminish or impair property values within the neighborhood.
Finding:
The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets.
RECOMMENDATION
Staffrecommends that the Planning Commissionadopt the following motion:
“The Planning Commission denies Variance #05-32 for a 4.5% hard surface coverage variance from the
maximum 25% hard surface coverage restriction and a 5-foot side yard setback variance for the addition of
a sport court on a lot zoned Single Family Residential (RSF) based upon the findings in the staff report and
the following:
1.The applicant has not demonstrated a hardship.
2.The property owner has reasonable use of the property.
The Planning Commission orders the property owner to:
1.Remove sufficient impervious surface to comply with ordinance requirements.”
ATTACHMENTS
1.Findings of Fact.
2.Development Review Application.
3.Letter and Variance description from Clint & Jennifer Hurt stamped “Received September 16,
2005”.
4.Letter from Mission Hills Garden Homes Homeowners Association stamped “Received September
20, 2005”.
5.Numerous letters from various Chanhassen residents in support of Hurt Variance.
6.Public Hearing Notice and Affidavit of Mailing List.
7.As-Built Survey.
g:\plan\2005 planning cases\05-32 hurt variance\staff report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Clint & Jennifer Hurt for 4.5% hard surface coverage variance from the
maximum 25% hard surface coverage restriction and a 5-foot side yard setback variance
for the addition of a sport court – Planning Case No. 05-32.
On October 18, 2005, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the Application of Clint & Jennifer Hurt for 4.5% hard surface
coverage variance from the maximum 25% hard surface coverage restriction and a 5-foot side yard
setback variance for the addition of a sport court on property located in the Single Family
Residential District at 8491 Mission Hills Circle. The Planning Commission conducted a public
hearing on the proposed variance that was preceded by published and mailed notice. The
Planning Commission heard testimony from all interested persons wishing to speak and now
makes the following:
FINDINGS OF FACT
1.The property is currently zoned Single Family Residential (RSF).
2.The property is guided by the Land Use Plan for Residential – Low Density (Net Density
Range 1.2 – 4u/Acre).
3.The legal description of the property is: Lot 6, Block 2, Marsh Glen.
4.The Board of Adjustments and Appeals shall not recommend and the City Council shall not
grant a variance unless they find the following facts:
a.Literal enforcement of this chapter would not cause undue hardship.
b.The conditions upon which this variance is based are applicable, generally, to other
properties in the Single Family Residential district.
c.The improvements increase the value of the property.
d.The alleged difficulty or hardship is a self-created hardship.
e.The granting of the variance may be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel of land is located.
f.The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
1
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
5.The planning report #05-32 Variance dated October 18, 2005, prepared by Josh Metzer, et al,
is incorporated herein.
ACTION
The Planning Commission denies the Variances from the impervious surface and side yard
setback restrictions for the addition of a sport court.
th
ADOPTED by the Chanhassen Planning Commission on this 18 day of October, 2005.
CHANHASSEN PLANNING COMMISSION
BY: ___________________________________
Its Chairman
g:\plan\2005 planning cases\05-32 hurt variance\findings of fact.doc
2
Planning Case No. 6S - 3~
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
RECEIVED
SEP. 1 6 2005
CITY OF CHANHASSEN
PLEASE PRINT
Applicant Name and Address:
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-Men MISS ion -tfi 11.5 r J rd~
l J\aVlhO~Sf--tf\ M,~) 55?:> II
Contact: .Jc -!f' VI \ --k..-r
Phone:~ Fax:
Email: _bo:cnux--t@-fJe-Vd' V)~-t:
Owner Name and Address:
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Contact ~ Ca.rn-- J vr-€b
Phone: ax:
Email:
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Vacation of Right-of-Way/Easements
Interim Use Permit
'X.. Variance
Non-conforming Use Permit
Wetland Alteration Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign** - $75 + $100 Damage Deposit
Site Plan Review*
X Escrow for Filing Fees/Attorney Cost***
- $50 CUP/SPRNACNARIWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ doG ~
Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to
the public hearing.
* Twenty-six (26) full-size folded copies of the plans must be submitted, including an aw' x 11" reduced copy for each plan sheet
along with a diaital COpy in TIFF-Group 4 (*.tif) format.
** Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of
completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval.
*** Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME:
LOCATION:
LEGAL DESCRIPTION:
TOTAL ACREAGE:
WETLANDS PRESENT:
YES
NO
PRESENT ZONING:
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:
See, ctJtached
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
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.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. 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 have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
~
Signature of Applicant
...
Q-/S-V5
Date
q-/5-D5
Date
G:\plan\forms\Development Review Application.DOC
Rev. 4/05
Dear Planning Commissioners,
REceIVED
Sfp 1 6 2005
CITY OF CHANHASSEN
September 16, 2005
We are applying for a side setback and hard surface cover variance from the City
of Chanhassen. We'd like to share with you reasons why you should consider
recommending our variance to the City Council.
On June 10, 2005, a letter arrived in the mail from Josh Metzer, stating that
"your property is in violation of Chanhassen City Code." We were devastated.
When we built our sport court in May of 2005, we certainly did not intend for it
to be as big a deal as it has become. We are fully aware that our contractor did
not consult with the city before it was built, and we are taking responsibility for
that as well. There is nothing we can do about that, other than to apologize to
you. We are just average homeowners, so we weren't aware of what needed to
be done to build a sport court. That is why we hired a licensed contractor to do
the job. He assured us that he would take care of the permits and whatever else
needed to be done to build the sport court of our dreams.
When we received Josh's letter, we immediately phoned our contractor and had
him stop working on the sport court. Unfortunately, at that point, it was almost
completed.
We realize our retaining walls are abundant and will gladly take them out. That
is the least of our problems. But it hurts us that the sport court will have to be
cut off. Not only will it be a financial burden, but we LOVE our court. We had
enough room on the court to put a short court tennis court, along with a half
court basketball court.
The purpose of installing this sport court was not to increase the value of our
land. Rather, we thought it would be a great way for us, our neighbors,
children, and friends to have a safe place to play, close to home. The closest
park to our house is approximately a mile away, via walking trail. Another park
that we frequently visit requires us to cross Highway 101, which, in the future, is
going to be made into a four-lane highway. We thought that if we could provide
a safe place for our children and our neighbors' children to play, we would be
doing a great service to our neighborhood. In addition, our neighbors believe
our sport court to be an asset to the neighborhood. We have included several
letters from neighbors as well, all in support of our variance.
When we moved to Chanhassen two years ago, we planned to stay here forever.
We want to raise our children in this house and have them attend public schools,
so our intention was to make our home a great place to live forever. We are not
intransigent people, and that is why we are asking you to see that we ARE taking
measures to try and comply, but we are also asking for you to grant us a
variance in order for us to keep the remainder of our sport court.
What we'd like to do is ask that you come out to see the court. We don't want
you to come to the commission meeting in October and not have seen it in
person. We want you to understand our point of view as well and not just the
City Planner's point of view. Please consider this request, and being objective to
our situation.
Thank you for your time.
SinCereIY,~. / ....
/// ---
C/l-H.c . ~
~rHurt
8491 Mission Hills Circle
Chanhassen, MN 55317
952-974-8349
Description of Variance Request
An "as-built" survey was completed on July 18, 2005. Attached you will find a
copy of this survey.
The retaining walls need to be removed in order to comply with city code. We
will remove the wall on the entire west side of the sport court (75.5 sq. feet), the
entire south end of the court (33.5 sq. feet), and the 19.5 sq. feet that are in the
city easement on the southeastern corner of the sport court.
In addition, we will remove 8 feet off the south side of the sport court (320 sq.
feet) and the concrete slab (120 sq. feet) on the east side of our property.
With these removals, our total hard surface coverage will be 6055.5 sq. feet.
That brings our total hard surface coverage down to 29.4%. However, this
amount still exceeds the Single Family Residential District's maximum hard
surface coverage of 25%. Therefore, we are asking for a variance of 4.4% hard
surface coverage. In addition, to avoid cutting any more off of our sport court,
we are asking for a variance for a five-foot setback on the west side of our
property.
Please consider our variance with understanding.
RECEIVED
SE~ 1 6 2005
CIT'fOF CHANHASSEN
Justification of How Request Complies with the Findings for Granting a Variance
a. We do not consider this variance an undue hardship.
b. We did not intend for our property to be in violation of city code
and we are trying to make things work. That is why we are
applying for a variance for single family residential zoning. We also
realize that there hasn't been any history of variances for sport
courts.
c. We did not intend for this sport court to increase the value of our
home. Rather, we thought it would be a great way for us, our
neighbors, kids, and friends to have a safe place to play, close to
home.
d. This hardship is not a self-created one. Our builder didn't check
into the city for a zoning compliance review. We gave that
responsibility to our builder, and he let us down.
e. We don't believe that this variance will affect other neighbors and
have included several letters from neighbors in support of our
variance.
f. There will not be any inadequate air or light supply from our sport
court, no increase in congestion of public streets, and no
increase in the danger of fire or endangerment of public safety.
In addition, this variance will not diminish or impair property
values within the neighborhood. All of the neighbors we've talked
to are in support of our variance.
RECEIVED
SE~ 1 6 2005
CITV OF CHANHASSE~'
September 19,2005
Mr. Josh Metzer
Planning Department
City of Chanhassen
PO Box 147
Chanhassen, MN 55317
Mr. Metzer:
It has come to the attention of the Mission Hills Garden Homes Board of
Directors that the property owner's recreational improvement at 8491
Mission Hills Circle, Chanhassen MN is in violation of city codes.
The Board is also aware that the owner of that property has been canvassing
the residents of Mission Hills Garden Homes for petition signatures to gain
support for allowing a variance to the city codes.
The Mission Hills Garden Homes Board of Directors wishes to make it a
matter of record with the Chanhassen Planning Department that the property
bordering the improvements at 8491 Mission Hills Circle borders on
property owned by the Mission Hills Garden Homes Association. While the
border in question is closest to addresses 520 and 528 Mission Hills Drive, it
is the Boards position that any requests for variance should be addressed to
the Mission Hills Garden Homes Association and not the individual
residents.
It is also the position of the Mission Hills Garden Homes Board of Directors
that the City of Chanhassen not allow the property owner at 8491 Mission
Hills Circle a variance to city code due to the overall impact on properties of
Mission Hills Garden Homes.
Mission Hills Garden Homes,
Board of Directors /
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L~~~oI!
iPs:
September 15, 2005
RECEIVED
SE:P 1 6 2005
CITY OF CHANHASSEN
Building Commissioner
City of Chanhassen
Dear Sir or Madam:
My husband and I live at 461 Mission Hills Court, here in Chanhassen. I am taking the
time to write a letter in support of a variance of a 5' setback and 29.4% hard surface
coverage for the sport court in the yard our next door neighbors, Clint and Jennifer Hurt.
Seeing as their yard directly abuts our yard, we are two of the most affected by their
landscaping choice and we have absolutely no problem with the size or design of the
sport court. It should also be noted that the property in question is quite secluded and
only two neighbors' views are directly even affected by what is in no means an eyesore.
At one time, some ofthe home owners approached our builder to see ifhe could reserve a
small plot of land or even sell a small lot to all of us so that we could have a playground
for all the children in the neighborhood to play on. However, in his interest to make as
much money as possible, he squeezed houses onto even the smallest lots he could. One
of the sport court's main uses is to serve as a tennis court for those children and without a
variance, it will no longer be anywhere near large enough for them to play.
My husband and I would find it much more intrusive to have such a large section of the
sport court tom back out. It is a blessing to have that yard finally landscaped, after the
previous owner left it completely untended and had not even bothered to sod the back
yard the entire time she lived at the address. (I've often wondered why the city did not get
involved then!) It wasn't until Clint and Jennifer Hurt moved in that the huge mass of
weeds in the back yard invading our lawn was finally dealt with, much to our relief.
I truly appreciate your time and consideration towards this matter. I should think that the
City could spend it's time on much more disturbing issues than one that the affected
neighborhood has little or no problem with.
Thank you once again.
Sincerely,
d~ vt()G(\l{}J
Lea N ordos
Building Commissioner
RE: Letter of support for Clint and Jemrlfer Hurtts variance
To whom it may concern:
On behalf of Clint and Jennifer Hurt, please accept this letter of support
concerning their sport court variance for a five foot side setback and 29.4% hard surface
coverage area. We live two houses down trom the Hurtts residence and were one of the
first residents to move into the Mission Hills development. We have seen our
neighborhood develop trom the onset and strongly feel the addition of the Hurtts sport
court is an asset to our community.
The court has provided a much needed safe haven for our children to play on a
daily basis. In addition, our neighborhood has held numerous social and recreational
gatherings on the Hurtts court and hope to do so in the future. Our only option in years
past was to hold these events in the street. The court is unobtrusive, blends in well with
the environment, and has contributed to the property values of our neighborhood. We
strongly support the addition of the Hurtts sport court and accordingly request that the
Building Commission grant the applicable variance for a fiVe foot setback and 29.4%
hard surface coverage.
Dan' Eastman and Leanne Eastman
Dan and Leanne Eastman
8451 Mission Hills Circle
Chanhassen, MN 55317
952-380-0245
September 12, 2005
RECEIVED
SE~ 1 6 2005
CITY OF CHANHASSEN
Building Commissioner
7700 Market Boulevard
City of Chanhassen
Chanhassen, MN 55317
To Whom It May Concern,
This letter is in response to Clint & Jennifer Hurt's sport court variance. We are
John & Mary Gerogeorge and our address is 470 Mission Hills Court. Our back
yard property and the Hurt's back yard are adjacent to each other. Jennifer and
Clint Hurt approached us early on and asked if we had an issue about them
putting in a sport court. We had no objections to them installing the sport court.
Since the sport court has been in, there has been no problems. As a matter of
fact, it brings some of the neighborhood families together for some family fun of
tennis or basketball. Our opinion would be that we support the variance of the
sport court. If you have any questions, please feel free to call us at (952) 934-
7011.
Thank you,
RECEIVED
SE~ 1 6 2005
CITY OF CHANHASSEN
September li\ 2005
Dear Building Commissioner:
I am writing in support of Clint and Jennifer Hurt's request for a variance of a five foot
side setback and 29.4% hard surface coverage.
Since Clint and Jennifer installed their sport court, it has become a real asset for the
Mission Hills Lane neighborhood. It is continually being used by the neighborhood kids
and adults alike. It also has served as an excellent and safe play area and has filled a void
that existed due to the lack of a nearby park.
We humbly ask that you consider granting this variance and take into account the benefit
that it provides for this neighborhood.
Sincerely,
~j:~ ~;;:;j~
Scott and Micheh~ T~rQ9lg /
8455 Mission Hills Lane
Chanhassen MN 55317
952-906-1046
Dan and Jane Zureich
8490 Mission Hills Circle
Chanhassen, MN 55317
September 15,2005
REceiVED
SE~ 1 6 2005
CITY OF CHANHASSEN
Building Commissioner
City of Chanhassen
Chanhassen, MN 55317
Re: 8491 Mission Hills Circle
Request for Variance
To Whom It May Concern:
Our property borders to the East that of Jennifer and Clint Hurt (8491 Mission Hills
Circle). Our family has used their sport court, which is the subject of their request for
variance.
We understand that the rock wall erected by the Hurts is currently situated on our shared
property line and that the sport court is currently five feet from that line, as opposed to
the ten feet required by the City of Chanhassen. It is our further understanding that if the
Hurt's request for variance is granted, this rock wall will be removed and that the area on
the east side of the sport court will be re-graded and re-sodded.
Weare writing this letter to inform you that based on our understanding of the above, we
support Jennifer and Clint Hurt's variance request for a five-foot side setback and 29.4%
hard surface coverage.
We take comfort in knowing that our children have someplace safe and close to play, and
do not have to worry about them playing in or crossing streets or venturing far from home
to play at a park. The sport court is especially timely since we understand that in the near
future Mission Hills Lane will be opened to Highway 101, which is being widened into a
four lane road.
If you have any questions, please contact us at 952-914-0879.
ffl"lcer. el y'.
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Dan and Jane Zureich
September 10, 2005
Subject:
RECEIVED
SEP 1 6 2005
CITY OF CHANHASSEN
I am a neighbor to the Hurt's. I live at 8460 Mission Hills Circle,
Chanhassen.
City of Chanhassen Building Commissioner
To:
Clint and Jennifer Hurt's Sports Court
I fully support the Hurt's Sport Court. It is as built as professional as
something to be found in a local park. Furthermore, I have had the
opportunity to use it and it will cause fewer injuries to children and
adults than a concrete court.
You should also be reminded that we do not have a public facility
similar to the Hurt's in close proximity to our neighborhood.
Therefore, I recommend you approve the five-foot side setback and a
29.40/0 hard surface coverage. As they said in the original movie; "Bad
News Bears 11" let the children play!
I can be contacted during the daytime at 952-932-4101.
REceiVED
SEp\ 1 6 2005
CITY OF CHANHASSEN
September 14, 2005
Building Commissioner
Re: Clint & Jennifer Hurt's Sport Court
Dear Sir/Madam:
Weare writing to you today in an effort to communicate to you that we support Clint and
Jennifer Hurt's variance of a five foot setback and 29.4% hard surface coverage. Our
home is located just off the back of the Hurt's backyard and have been given the
opportunity to play on and make use of their sport court. We currently do not have a
neighborhood park and find this sport court to be an asset to our neighborhood and a
privilege for our two children to have access to. Please take the time to consider this and
allow the Hurt's to keep their sport court at its current size, I believe if it is eliminated or
reduced in size it will no longer have the same benefit as it was originally intended for.
Thank-you!
Kelly, Dan, Cayman & Jordan Fasching
8550 Mission Hills Lane
Chanhassen, MN 55317
952-937-1229
REceiVED
SEP 1 6 2005
CITY OF CHANHASSEN
September 15, 2005
To the Chanhassen Building Commissioner:
Re: Sport Court Variance. Clint and Jennifer Hurt
As residents of 8444 Mission Hills Lane, we are in support of Clint and
Jennifer Hurt's variance of a five-foot side setback and 29.4% hard
surface coverage. The Hurt's sport court has been a gathering place for
BBQ's and other neighborhood events due to the fact they have the space
as well as the sport court for recreation for the children as well as the
adults. As a neighborhood we have had basketball games and anticipate
having the Hurt's host hockey games for the neighborhood in the winter
months. It should be noted that there is not a similar facility/recreation
space in the immediate vicinity. It would be a determent to the
neighborhood should this sport court be altered or removed.
Again, our full support is behind this variance application.
Sincerely,
/~~
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fw".~
Kim & Conrade Thomas
8444 Mission Hills Lane
(952) 937-7551
(Neighbors of Clint and Jennifer Hurt)
September 12,2005
RECEIVED
SEP 1 6 2005
CITVOF CHANHASSEN
Building Commissioner,
This letter is in support of Clint and Jennifer Hurt's variance of a five foot side setback
and 29.4% hard surface coverage of their sport court.
We live directly next door to the Hurt's residence at 8481 Mission Hills Circle. With over
65 kids in this relatively small neighborhood and no park nearby, this sport court is a
huge asset. We always know were our kids are and with our children in many City of
Chanhassen sports, this is a nice and close practice ground.
An approval of the Hurt's variance would be greatly appreciated.
Thank you so much for your time.
Sincerely,
/-1
J~~4~g~~
Dale and Rhonda Tirevold
September 14, 2005
REceIVED
SEp 1 62005
CITYOF CHANHASSEN
Chanhassen Building Commissioner,
We are neighbors ofCHnt and Jennifer and are familiar with the variance discussion
regarding their sport court.
We have used the sport court and enjoy having it in our neighborhood. We are also in
favor of them maintaining a variance of a five foot side setback and a 29.4% hard surface
coverage.
Please reconsider their plea and the support they have from the neighborhood to maintain
a healthy outdoor-living environment.
/
Sincerely,
t' \ ~fL~ ;,} _I I
. i, y-' /'-;f1i/ft4-/1~/J-
t '
ifer ike Hidding
5 Mission Hills Lane
september 11, 2005
REceiVED
SE~ 1 6 2005
CITY-OF CHANHASSEN
Dear Building commissioner,
we live at 8471 Mission Hills circle (2 houses from
clint & Jennifer Hurt). We are in support of Clint
and Jennifer Hurt's variance of a five foot side
setback and 29.4% hard surface coverage.
please consider this request at the upcoming
planning commission Meeting.
Thank you,
~~
caroline and John Herbeck
September 10, 2005
RECEIVED
SfP 1 6 2005
CITY 01= CHANHASSEN
To: The Building Commissioner ofChanhassen City Council
Clint and Jennifer Hurt are in our Mission Hills Lane Development. We would like you
to know we are in support of their variance of a five food side setback and 29.4% hard
surface coverage.
Thank you, ) /l--I--
/U:..d9~~~
Patrick and Lee Anne Eastman
8425 Mission Hills Lane
Chanhassen, MN 55317
~e~-
Date: 9/15/06
REceIVED
SfP 1 6 2005
CITVOF CHANHASSEN
To: City of Chanhassen MN
From: Michael Maule
8464 Mission Hills Lane
Chanhassen, MN 55317
Re: Sport Court/ Clint and Jennifer HurtlMission Hills Lane
This memo is to inform the City of Chanhassen, MN that we (Micheal Maule and spouse
Patricia Silva) are in support of Clint and Jennifer Hurt's variance of a five foot setback
and 29.4% hard surface coverage. If you have any questions regarding this matter, you
can reach us at 952 294 4545.
Sincerely,
Mi~AI
Patricia Silva
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SE? 1 6 2005
D /3 " { . CITY OF CHANHASSEN
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RECEIVED
SEP 3, 2 2005
CITY OF CHANHASSEN
City of Chanhassen
Attn Building Commissioner:
Scott and Shannon Fiedler
8511 Mission Hills Lane
Chanhassen MN 55317
952-975-9802
We live in the upper cul-de-sac of the neighborhood. Our children play back and
forth at each others houses. When the Hurt family decided to put the sport court
in their backyard, they were very kind to invite their neighborhood friends to use
the sport court at the Hurt home with parent supervision.
We are very much in support of Clint and Jennifer Hurt's variance of a five foot
side setback and 29-4% hard surface coverage.
The sport court of the Clint and Jennifer Hurt Family does not have a negative
impact on the city in any way. If the neighbors of Mission Hills Lane are in
support of Clint and Jennifer, then pass the variance and move on to more
important issues that the city should be focused on.
Best regards,
Scott and Shannon Fiedler
CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO. 05-32
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, October 18, 2005, at 7:00 p.m. in the Council Chambers in
Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for
Variances
after-the-fact hard surface coverage and side yard setback for a sport court located at
8491 Mission Hills Circle. Applicant: Clint & Jennifer Hurt.
A plan showing the location of the proposal is available for public review at City Hall during
regular business hours. All interested persons are invited to attend this public hearing and express their
opinions with respect to this proposal.
Josh Metzer, Planner I
Email: jmetzer@ci.chanhassen.mn.us
Phone: 952-227-1132
(Publish in the Chanhassen Villager on October 6, 2005)
CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
October 6, 2005, 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 Public
Hearing for the Clint & Jennifer Hurt Variance Request - Planning Case 05-32 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 oft'JL4e.~ r ,2005.
~ 1)K..,:I.4Y1iH' ~<l<l'~
J Notary~
\ o11",~r1J.:~ K\M t. MEUW\SSEN i
.' . 'f~ r Minnesota
Notarx Pub"'~p~res Jan 31,2010
Wr-J CommISSIon <J'
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STATE OF MINNESOTA - DOT
METRO RIGHT OF WAY
1500 W CO RD B2
ROSEVILLE. MN 55113 -3174
LYNN S KROISS &
STEPHEN J & MARTHA K KROISS
5605 ZUMBRA DR
EXCELSIOR. MN 55331 -7760
MICHAEL J & JENNIFER J HIDDING
8415 MISSION HILLS LN
CHANHASSEN , MN 55317 -7712
PATRICK J & LEE ANNE EASTMAN
8425 MISSION HILLS LN
CHANHASSEN, MN 55317 -7712
SCOTT & KRISTIN NEUMAN
8435 MISSION HILLS LN
CHANHASSEN , MN 55317 -7712
LEROY MCCARTY
8445 MISSION HILLS LN
CHANHASSEN , MN 55317 -7712
SCOTT A & MICHELLE M TORBORG
8455 MISSION HILLS LN
CHANHASSEN , MN 55317 -7712
PETER R & ANNE M VOAS
8450 MISSION HILLS CIR
CHANHASSEN, MN 55317 -7720
STATE OF MINNESOTA - DOT
395 JOHN IRELAND BLVD
631 TRANSPORTATION BLDG
ST PAUL, MN 55155 -1801
DAVID R & BRENDA M WITZIG
8465 MISSION HILLS LN
CHANHASSEN , MN 55317 .7712
DANIEL EASTMAN &
LEANNE DODDS
8451 MISSION HILLS CIR
CHANHASSEN, MN 55317 -7720
JEFFREY A GORRALL &
PATRICIA C GORRALL
8460 MISSION HILLS CIR
CHANHASSEN , MN 55317 -7720
KIMBERLEY THOMAS
8444 MISSION HILLS LN
CHANHASSEN , MN 55317 -7712
SCOTT R & STEPHANIE K RICH
8475 MISSION HILLS LN
CHANHASSEN , MN 55317 -7712
J CHARLES & BONNIE J EHLERS
8485 MISSION HILLS LN
CHANHASSEN , MN 55317 -7712
PATRICIA SILVA &
MICHAEL D MAULE
8464 MISSION HILLS LN
CHANHASSEN , MN 55317 -7712
CHIU & HUNG CHING CHAN
8470 MISSION HILLS CIR
CHANHASSEN, MN 55317 .7720
JOHN N & CAROLINE 0 HERBECK
8471 MISSION HILLS CIR
CHANHASSEN . MN 55317 -7720
STATE OF MINNESOTA-DOT
395 JOHN IRELAND BLVD
MAILSTOP 631
ST PAUL, MN 55155 -1899
CHARLES J & ELAINE M EASTMAN
8480 MISSION HILLS CIR
CHANHASSEN . MN 55317 -7720
ROBERT A & LISA K GAUVIN
460 MISSION HILLS CT
CHANHASSEN, MN 55317 -7714
RANDY V ROSETH &
PENNY P WHITE
450 MISSION HILLS CT
CHANHASSEN . MN 55317 -7714
TONY L & PATRICIA J FERGUSON
8495 MISSION HILLS LN
CHANHASSEN , MN 55317 -7712
DALE E & RHONDA R TIREVOLD
8481 MISSION HILLS CIR
CHANHASSEN , MN 55317 -7720
MISSION HILLS GARDEN HOMES
2681 LONG LAKE RD
ROSEVILLE , MN 55113 -1128
CLINT R & JENNIFER J HURT
8491 MISSION HILLS CIR
CHANHASSEN , MN 55317 -7720
JOHN G & MARIGO N GEROGEORGE
470 MISSION HILLS CT
CHANHASSEN , MN 55317 -7714
PATRICK S & CONSTANCE SULLIVAN
8500 MAYFIELD CT
CHANHASSEN, MN 55317 -7719
SCOTT E & SHANNON L FIEDLER
8511 MISSION HILLS LN
CHANHASSEN, MN 55317 -7713
DANIEL M & JANE A ZUREICH
8490 MISSION HILLS CIR
CHANHASSEN, MN 55317 -7720
RICHARD A SWANSON
8520 MAYFIELD CT
CHANHASSEN, MN 55317 -7719
BONITA R MENDEN
8504 MAYFIELD CT
CHANHASSEN . MN 55317 -7719
KARLA K THOMSON
8524 MAYFIELD CT
CHANHASSEN . MN 55317 -7719
RICHARD & EVELYN J KETTLER
8521 MAYFIELD CT
CHANHASSEN. MN 55317 -7719
CONNIE M MOEHL
8540 MAYFIELD CT
CHANHASSEN, MN 55317 -7719
STEVEN M & TRACY A SCHEID
451 MISSION HILLS CT
CHANHASSEN . MN 55317 -7714
JEFFREY G & LEA J NORDOS
461 MISSION HILLS CT
CHANHASSEN . MN 55317 -7714
VERNON W & BARBARA L LINDEMANN
552 MISSION HILLS DR
CHANHASSEN . MN 55317 -7716
RAYMOND C ORTMAN JR
JULIANNE E ORTMAN
8525 MISSION HILLS LN
CHANHASSEN . MN 55317 -7713
MICHAEL S & STEPHANIE R DILLE
291 TIMBER HILL RD
CHANHASSEN . MN 55317 -9129
SUSAN M DEAN
8525 MAYFIELD CT
CHANHASSEN. MN 55317 -7719
JOHN A & JUDITH A HRUBY
419 PORTSIDE DR
AMELIA ISLAND
FERNANDINA BEACH. FL 32034 -4841
DIANE M DEPOE
548 MISSION HILLS DR
CHANHASSEN . MN 55317 -7716
JOCELYNE RYAN
576 MISSION HILLS DR
CHANHASSEN. MN 55317 -7716
LAUREL J BOSECK
592 MISSION HILLS DR
CHANHASSEN . MN 55317 -7716
MATTHEW L & KATHLEEN ALBRECHT
6220 CASCADE PASS
CHANHASSEN. MN 55317 -9476
LAWRENCE 0 & NANCY E STEIN
8541 MISSION HILLS LN
CHANHASSEN . MN 55317 -7713
MARCELLA HOWE & JOYCE HANSON
TRUSTEES OF TRUST
596 MISSION HILLS DR
CHANHASSEN, MN 55317 -7717
GEORGE 0 STACY
584 MISSION HILLS DR
CHANHASSEN . MN 55317 -7716
SANDRA E GEVING
536 MISSION HILLS DR
CHANHASSEN . MN 55317 -7716
DANIEL T & KELLY A FASCHING
8550 MISSION HILLS LN
CHANHASSEN . MN 55317 -7713
HAROLD JR & POLLY L HARTIN
540 MISSION HILLS DR
CHANHASSEN, MN 55317 -7716
SUSAN M HOAGLUND
588 MISSION HILLS DR
CHANHASSEN , MN 55317 -7716
MARCIA L JOSEPHSON
528 MISSION HILLS DR
CHANHASSEN, MN 55317 -7715
PETER W & GLORIA JEAN WILCZEK
581 MISSION HILLS DR
CHANHASSEN. MN 55317 -7716
ROGER A WAINWRIGHT
532 MISSION HILLS DR
CHANHASSEN. MN 55317 -7715
NINA J KREIENBRINK
520 MISSION HILLS DR
CHANHASSEN , MN 55317 -7715
LYNETTE R LARSON
512 MISSION HILLS DR
CHANHASSEN . MN 55317 -7715
ARDIS M OLUFSON
565 MISSION HILLS DR
CHANHASSEN . MN 55317 -7716
RICHARD K & THERESA A HESS
8561 MISSION HILLS LN
CHANHASSEN . MN 55317 -7713
NADINE N NELSON
484 FRISCO CT
CHANHASSEN , MN 55317 -7718
VIRGINIA A WELLUMSON
585 MISSION HILLS DR
CHANHASSEN, MN 55317 -7716
DALE E & BETTY HETLAND
524 MISSION HILLS DR
CHANHASSEN , MN 55317 -7715
GEORGE J CARLYLE &
JANELLE VEILLEUX CARLYLE
8560 MISSION HILLS LN
CHANHASSEN, MN 55317 -7713
CURTIS & PATRICIA BRANDON
516 MISSION HILLS DR
CHANHASSEN , MN 55317 -7715
VERNIS M STROM
569 MISSION HILLS DR
CHANHASSEN , MN 55317 -7716
MARY A AINSWORTH
508 MISSION HILLS DR
CHANHASSEN, MN 55317 -7715
RUTH M THONANDER
549 MISSION HILLS DR
CHANHASSEN , MN 55317 .7716
LENORE J MOLSTAD
589 MISSION HILLS DR
CHANHASSEN, MN 55317 -7716
JANEEN D LANDSBERGER
480 FRISCO CT
CHANHASSEN , MN 55317 -7718
KATHY J MCKIM
533 MISSION HILLS DR
CHANHASSEN , MN 55317 -7715
VIOLA M COLLING HAM
573 MISSION HILLS DR
CHANHASSEN , MN 55317 -7716
VERLE R & BETTE M POFFENBERGER
593 MISSION HILLS DR
CHANHASSEN, MN 55317 -7716
ERWIN C & CLARA M SIDER
553 MISSION HILLS DR
CHANHASSEN , MN 55317 -7716
SUNITAGANGOPADHYAY &
SHUBHAGAT GANGOPADHYAY
8571 MISSION HILLS LN
CHANHASSEN , MN 55317 -7713
RONALD S & BAR BRA T EWING
8570 MISSION HILLS LN
CHANHASSEN , MN 55317 -7713
BARBARA J WELLUMSON
577 MISSION HILLS DR
CHANHASSEN, MN 55317 -7716
BONNIE JEAN THURK
537 MISSION HILLS DR
CHANHASSEN , MN 55317 -7716
GRACE REGALADO
525 MISSION HILLS DR
CHANHASSEN, MN 55317 -7715
CAROL K GELDERT
557 MISSION HILLS DR
CHANHASSEN , MN 55317 -7716
BEVERLY E CHRISTENSEN
517 MISSION HILLS DR
CHANHASSEN , MN 55317 -7715
MONICA M GALUSKA
509 MISSION HILLS DR
CHANHASSEN, MN 55317 .7715
LYNETTE LAABS
541 MISSION HILLS DR
CHANHASSEN, MN 55317 -7716
JUBA FAMILY 1989 TRUST
8788 JEWEL RIDGE AVE
LAS VEGAS, NV 89148 -1435
FRANK J HANISH &
CAREN SOENS
561 MISSION HILLS DR
CHANHASSEN, MN 55317 -7716
ROBERT J ZINNEL
TRUSTEE OF TRUST
504 MISSION HILLS DR
CHANHASSEN , MN 55317 -7715
THOMAS J BOURNE
471 FRISCO CT
CHANHASSEN , MN 55317 -7718
ADELINE R HARRIS
529 MISSION HILLS DR
CHANHASSEN , MN 55317 -7715
JAMES E PARISH
545 MISSION HILLS DR
CHANHASSEN, MN 55317 -7716
BERNARD M & JOANN C GAYTKO
521 MISSION HILLS DR
CHANHASSEN , MN 55317 -7715
JAMES A & MARILYN L CRAWFORD
8581 MISSION HILLS LN
CHANHASSEN, MN 55317 -7713
BRIAN M & DAWN M RODELL RILEY
8580 MISSION HILLS LN
CHANHASSEN, MN 55317 -7713
ROBERT C & SUSAN J ERICKSON
513 MISSION HILLS DR
CHANHASSEN ,~MN 55317 -7715
JANET E BROWN
501 MISSION HILLS DR
CHANHASSEN, MN 55317 -7715
CARL P & VIRGINIA R PRIOR
500 MISSION HILLS DR
CHANHASSEN , MN 55317 -7715
ROSEMARY B WILL
475 FRISCO CT
CHANHASSEN , MN 55317 -7718
KATHLEEN M JOHANNES
430 MISSION HILLS WAY E
CHANHASSEN , MN 55317 -7705
JEAN M KAMRATH
434 MISSION HILLS WAY E
CHANHASSEN , MN 55317 -7705
AMANDA C WINBLAD-VONWALTER
438 MISSION HILLS WAY E
CHANHASSEN , MN 55317 -7705
MICHELLE J ERICKSON-CODY
442 MISSION HILLS WAY E
CHANHASSEN, MN 55317 -7705
JENNIFER RENKL Y
446 MISSION HILLS WAY E
CHANHASSEN , MN 55317 -7705
JOHN 0 & MARY JO EICHLER
TRUSTEE OF TRUST
25628 CORDOVA LN
RIO VERDE, AZ 85263 -7146
ntrC d
Public Hearing Notification Area (500 feet)
Hurt Variance
Planning Case No. 05-32
8491 Mission Hills Circle
City of Chanhassen
Lake Susan
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