Application 9-29-05
Planning Case No.
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
Owner Name and Address:
Contact:
Phone:
Email:
Fax:
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Vacation of Right-of-Way/Easements
X Variance
Interim Use Permit
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
x
Escrow for Filing Fees/Attorney Cost***
- $50 CUP/SPRN ACN AR/W AP/Metes & Bounds
- $450 Minor SUB
Site Plan Review*
Subdivision*
TOTAL FEE $
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 8%" X 11" reduced copy for each plan sheet
along with a diqital COpy in TIFF-Group 4 (*.tit) 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: KotJV\J'I 1/ crr/avtc.e-
LOCATION: !()oti tJ~ A-r/avW~
LEGAL DESCRIPTION: U 3, ~Lk 3/ 1.ltwk~Zi!d. :ti/t.lt-s J #- AJii-bm
TOTAL ACREAGE:
O.2Q
WETLANDS PRESENT:
PRESENT ZONING: Y S F
REQUESTED ZONING: _7- SF
YES
~NO
PRESENT LAND USE DESIGNATION: F..eS,
REQUESTED LAND USE DESIGNATION: \l
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It
REASON FOR REQUEST:
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
Date
Signature of Fee Owner
Date
G:\plan\forms\Development Review Application.DOC
Rev. 4/05
Sere n1btr 2f1, U/16
First, I want to thank in advance for your consideration in this matter. My name is Cindy Koenig. I live at
8005 Cheyenne Avenue and have been a resident for 14 112 years. I sit before you this evening to ask
for a variance request, relief of 10 ft.side yard set back and hard surface coverage. Our home was built
in 1969. When we moved into our home in May of 1991, we did not have a survey done. The chain link
fence surrounding our back yard was in place and had been there since previous owner Wm R. Johnson
had Montgomery Ward install it on May 3, 1980. I have the original plan for installation if you would like
to see it. When we bought the house from Swatfager's they assured us things were in order and we
trusted that. In 1991 no one we knew had a survey done and rarely a home inspection. In 1997 we
discovered the original deck was rotting away so my husband removed it believing that if we placed a
structure in the same place that was the same size it would be fine. My husband decided to add porch
on deck at that time. No permit was obtained. No other remodeling was done until Spring! summer of
2002. We replaced old roof. Fall of 2002 my husband decided to add on to our garage, taking several
different plans to the city of Chanhassen planning and engineering departments. Finally extension from
behind the garage was ok'd(by now unknown young man with blonde hair). He also assured my husband
it was a 5ft. side set back, and if we stayed behind that it was OK to go. At that time we had survey done
and found out fence lines were some how incorrect.Survey crew said that because new road had been
put in difficult to tell where monuments were. We took survey into same unknown young man fine as
long as it was five feet back. MPS Foundation came in to pour footings and build foundation and did not
obtain permit and told my husband because it now was late Fall if they did not hurry they would not be
back until Spring. They assured him that if they took pictures of footings it would be fine and he could
get permit later. He agreed, then became busy and forgot. I am most certainly not trying to make
excuses, it just is what happened. The years went by, the permit forgptten. We love our home and
planned to stay forever and then a job change and now a move out of state to Arkansas. We put our
house up for sale, it sold in four days and we had planned to close October 21 on this house, and
October 24 on new house in Arkansas .My husband is now working in Arkansas and has been there since
September 12. Our new buyers wanted to see permits for additions, we told them we did not pull
permits but would go ahead and do it now to make it right and pay whatever fines we needed to. We also
apologized to them for going about this all wrong. Everything else went fine until I brought in information
to get permits and am told we now do not meet 10 ft. side yard set back and have too much hard surface
coverage. I was completely shocked and and so was my husband when I called him. Had we known
about the 10 ftset back we would never have went ahead with garage, and tried to resolve porch issue.
We were told 5ft and it was ok'd. We know we should have got permits, this is totally our fault and we
take full responsibility. We want to make this right with the City of Chanhassen. We apologize to the
planning commission and City of Chanhassen. We have learned a great lesson and we are sharing this
information with neighbors and friends. We respectively ask that a variance be granted that allows relief
from 10ft. side yard set back and hard surface coverage. We appreciate your time and consideration
of this matter. Thank you very much. Mike and Cindy Koenig
tMl~ &/lUUt
September 29, 2005
Dear Members of the Chanhassen Planning Commission:
First, I want to thank you in advance for your consideration in this matter. My name is
Cindy Koenig. I live at 8005 Cheyenne Avenue and have been a resident at that address
for 14½ years. I sit before you this evening to ask for relief from Chanhassen City Code
hard surface coverage restrictions.
Our home was built in 1969. When we moved into our home in May of 1991 we did not
have a survey done on the property. At that time there was a fence enclosing our back
yard which the previous owner, Wm. R. Johnson, had installed by Montgomery Ward on
May 3, 1980. I have the original plan for the fence installation if you would like to see it.
When we bought the house from the Swatfager’s they assured us things were in order and
we trusted that.
Back in 1991 no one we knew had a survey for their property and rarely a home
inspection. In 1997 we discovered that the original deck was rotting so my husband
removed it believing that if we placed a structure of the same size in the same place that
would be fine. My husband decided to replace the deck with a porch at that time. No
permit was obtained. No other remodeling was done until the spring of 2002when we
replaced the old roof. In the fall of 2002 my husband decided to add on to our garage,
taking several plans to the City of Chanhassen Planning and Engineering Departments.
Addition to the garage was OK’d by an unknown young man with blonde hair. He also
assured my husband that the side yard setback was 5 feet and as long as we stayed behind
that it was OK. At that time we had a survey completed and found out the fence lines
were somehow incorrect. The survey crew said that because a new road had been
constructed it was difficult to determine where the monuments were located. We took
the survey in to the same unknown young man at the City and he told us the addition was
fine as long as it was setback 5 feet from the property line. MPS Foundation poured the
footings and built the foundation without obtaining permits. They told my husband that
because it was late fall they would have to hurry and get the foundation in, otherwise they
would have to wait until spring. They assured him that if he took pictures of the footings
it would OK to get permits later. He agreed but then became busy and forgot to get the
permits. I am most certainly not trying to make excuses; this is just how things
happened.
The years went by and the need for permits was forgotten. We love our home and
planned to stay here forever but as a result of a job changed we have to move out of state
to Arkansas. When we put our house up for sale it sold in four days. We planned to
st
close on the sale of our home in Chanhassen on October 21 and close on the purchase of
th
our new home in Arkansas on October 24. My husband is already working in Arkansas
th
and has been there since September 12.
The buyers of our home in Chanhassen wanted to see permits for the additions. We told
them we did not pull permits for the additions but we would do that now to make things
right and pay whatever fines we needed to. We also apologized to them for going about
this all wrong. Everything else went fine until I brought in the information to get the
permits at which time I was told the additions did not meet the 10 foot side yard setbacks
and that our hard cover was over the maximum allowed. I was completely shocked and
so was my husband when I called him. Had we known about the ten foot setback we
would have never gone ahead with the garage addition and we would have tried to
resolve the porch issue. We were told that a 5 foot setback was OK.
We want to make this right with the City of Chanhassen. We apologize to the Planning
Commission and the City of Chanhassen. We have learned a great lesson and we are
sharing this information with all of our neighbors and friends. We respectively ask that a
variance be granted giving us relief from the hard surface coverage restrictions. We
appreciate your time and consideration on this matter. Thank you very much.
Respectfully,
Mike & Cindy Koenig