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3. Carlson VarianceCITY OF CHANHASSEN STAFF REPORT PC DATE: April 4, 2006 CC DATE: April 24, 2006 REVIEW DEADLINE: April 18, 2006 CASE #: 06-12 BY: JM PROPOSAL: After -the -fact Variance request fora 22-foot front yard setback for an existing four - stall garage and relief from the 1,000 square -foot detached accessory structure restriction in the Single Family Residential (RSF) District. LOCATION: 3 891 West 62nd Street Lot 6, Schmid's Acre Tracts APPLICANT: Gary Carlson & Megan Moore 3 891 West 62nd Street Excelsior, MN 55331 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential —Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: 3.86 acres DENSITY: NA SUMMARY OF REQUEST: Request for relief from 30-foot front yard setback requirement for an existing four -stall garage and relief from the 1,000 square -foot detached accessory structure restriction. Staff is recommending denial of the 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. Carlson Variance Planning Case #06-12 April4, 2006 Page 2 SUMMARY OF PROPOSAL The applicant is requesting an after -the -fact Variance for relief from the 30-foot front yard setback requirement for an existing four -stall garage, which is located 22 feet from the front property line, and relief from the 1,000 square -foot detached accessory structure restriction in RSF District to permit 5,359 square feet of accessory structures. The site is located north of Highway 7 and west of Church Road at 3891 West 62" d Street. Access to the site is gained via West 62" d Street. APPLICABLE REGUATIONS Sec. 20-615. Lot requirements and setbacks. (6) The setbacks are as follows: a. For front yards, 30 feet. Sec. 20-904. Accessory structures. (1) In the RSF and R-4 Districts accessory structures shall not exceed 1,000 square feet. DIVISION 4. NONCONFORMING USES Sec. 20-71. Purpose. The purpose of this division is: (1) To recognize the existence of uses, lots, and structures which were lawful when established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension of any nonconforming use, building, or structure; and (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. BACKGROUND The subject property was created as part of the Schmid's Acre Tracts subdivision which was recorded in 1913. The applicant states that the property has been in the family for four generations and has maintained an agricultural use for that long. In 1970, when the first Chanhassen Zoning Ordinance was adopted, the subject property was given a zoning designation of Single Family Residential. The agricultural use has not changed and precedes the existence of current zoning ordinances and is, therefore, a legal nonconforming use. In January of 2004, it came to the attention of the City that the applicant had built three detached accessory structures on the property without building permits: a 995 square foot four -stall garage (marked A on graphic below), a 526 square foot "loafing shed" (marked B), and a 466 square foot "machine storage shed" (marked Q. Together these buildings total 1,987 square feet of detached accessory structures that have been built without a permit. There are three single family homes located directly to the east of the subject property. Two of the neighboring properties are 1 acre in area; the other is 0.75 acres in area. The area to the south of the subject property is has been platted as Hidden Creek Meadows containing 21 single-family residential lots that are currently being developed. If the subject property is ever developed it is intended to connect Pipewood Lane in Hidden Creek Meadows with West 62" d Street via the subject property. Carlson Variance Planning Case 406-12 April 4, 2006 Page 3 A N A T .VCTC 1,000 Square Foot Accessory Structure Restriction The subject property lies within the RSF district and is, therefore, subject to a maximum 1,000 square foot accessory structure restriction. However, the subject property has a legal nonconforming agricultural use Carlson Variance Planning Case 406-12 April 4, 2006 Page 4 and several detached accessory structures. Residential properties in the A-2 and RR districts do not have an accessory structure restriction as the RSF district does, but are limited to a maximum 20% hard surface coverage. The applicant owns a number of horses. Due to the age and poor conditions of existing structures sheltering these horses, the City encouraged the applicant to provide the horses with better shelter. Following the City's request, the applicant pulled a building permit to erect a 1,200 square foot pole barn on the property. Approval of the building permit for pole barn was contingent upon removal of five accessory structures comprising 1,199 square feet. The City signed an agreement with the applicant stating that the five structures would be removed. As security for the agreement, the City is holding a $5,000 escrow. Since the square footage of structures being removed equals that of the new pole barn the City has requested be constructed, the City approved the building permit for the pole barn since this improves conditions for the horses on the site. The nine detached accessory structures on the subject property total 3,371 square feet. With the removal of five of these structures and the addition of the new pole barn, the property will contain five structures totaling 3,372 square feet. This amount exceeds the RSF 1,000 square foot accessory structure restriction by 2,372 square feet and is nonconforming. Chanhassen City Code does not permit the intensification of nonconformities. By building additional accessory structures (A, B and C) without a permit, the applicant intensified the existing nonconforming square footage of accessory structures by 1,987 square feet. City Code encourages the elimination or reduction of impacts of nonconforming uses. Front Yard Setback Variance The applicant is requesting an after -the -fact variance from the 3 0-foot front yard setback requirement for an existing garage that is setback 22 feet from the front property line which fronts on West 62nd Street. Accessory Structure A (four -stall garage) The existing right-of-way for West 62nd Street lying within Chanhassen is 18.5 feet wide per the survey. The right-of-way within the City of Shorewood is 40 feet wide. West 62nd Street lies within Shorewood. Staff is not aware of any plans to widen West 62nd Street. Carlson Variance Planning Case 406-12 April 4, 2006 Page 5 By providing a 3 0-foot setback, the applicant would reduce the likelihood of damage to the garage should a vehicle veer off West 62nd Street. The applicant has a short boulder wall, approximately two or three feet in height on the south side of West 62nd Street which provides a physical barrier between the subject property and passing traffic. V 1C W 01 lU U1_-N kill gd _dg' C 11-0111 VV CN l UL, ►J ll-CC l ldl%111g NU U11CUN l Staff observed a small porch on the northern elevation of the house, and a large tree in that vicinity, neither of which are identified on the survey. Due to these features' proximity to the four -stall garage it appears that there may be merit to the applicant's claim that a small commuter bus would have difficulty maneuvering between the house and the garage if the garage met the 30-foot front yard setback requirement. However, if the garage maintained a 3 0-foot setback there would still be enough space for the commuter bus to make a three-point turn pulling up to the north side of the house, then backing up and exiting the property. TT1kT7lTXT!'1 ILI The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: 1. That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, 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 in developed neighborhoods preexisting standards exist. Variances that blend with these preexisting standards without departing downward from them meet these criteria. Carlson Variance Planning Case #06-12 April4, 2006 Page 6 Finding: The literal enforcement of this chapter would not cause undue hardship. The subject property has maintained a preexisting agricultural use since before current ordinances were adopted. The applicant would be able to maintain the agricultural use without variances to allow the continued use of the three accessory structures in question. 2. That 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, however not to agricultural lands. That 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. 4. That the alleged difficulty or hardship is not a self-created hardship. Finding: Construction of the three accessory structures was completed without a building permit; this constitutes a self-created hardship. 5. That 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 of land 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 nearness of the garage to the public street. 6. That 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 decrease visibility or site distances, or increases 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 or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies the variance for a 22-foot front yard setback for an existing four -stall garage and relief from the 1,000 square -foot detached accessory structure restriction in the Single Family Residential (RSF) District at 3891 West 62" d Street based on the findings of fact in the staff report and the following: Carlson Variance Planning Case #06-12 April4, 2006 Page 7 1. The applicant has not demonstrated a hardship. 2. The applicant has reasonable use of the property. The applicant will be able to continue the nonconforming agricultural use without the three storage buildings which were constructed without building permits. The Planning Commission orders the applicant to demolish and permanently remove the three storage buildings." Should the Planning Commission choose to approve both requests, staff recommends the Planning Commission adopt the following motion: "The Planning Commission approves the variance for a 22-foot front yard setback for an existing four - stall garage and relief from the 1,000 square -foot detached accessory structure restriction in the Single Family Residential (RSF) District to permit 5,359 square feet of detached accessory structures at 3891 West 62nd Street based on the findings of fact in the staff report with the following conditions: 1. Building permits for the four -stall garage, loafing shed and machine storage shed must be obtained and all must comply with the Minnesota State Building Code. 2. No new accessory structures or additions to existing accessory structures shall be permitted." The Planning Commission has numerous options for alternatives to either of these recommendations that would permit the applicant to retain use of one or two of these structures but not all three. If the applicant is granted use of any of these three structures staff recommends a condition be added stating: 1. Building permits for must be obtained for the approved structures and all must comply with the Minnesota State Building Code. ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Letter from Megan Moore dated February 15, 2006. 4. Building Permit Agreement between City of Chanhassen and Gary Carlson. 5. Public Hearing Notice and Affidavit of Mailing. 6. Lot Survey. 7. Aerial Photograph. 8. Accessory Structure Photos. g:Aplan\2006 planning cases\06-12 carlson varianceAstaff report. doe CITY OF CHANHAS SEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Gary Carlson and Megan Moore for an after -the -fact Variance request for relief from the 30-foot front yard setback requirement for an existing four -stall garage and relief from the 1,000 square -foot detached accessory structure restriction in the Single Family Residential (RSF) District — Planning Case No. 06-12. On April 4, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Gary Carlson & Megan Moore for an after -the -fact Variance request for relief from the 30-foot front yard setback requirement for an existing four -stall garage and relief from the 1,000 square -foot detached accessory structure restriction in the Single Family Residential (RSF) District at Lot 6, Schmid's Acre Tracts. The Planning Commission conducted a public hearing on the proposed variances 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, Schmid's Acre Tracts. 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 cause an undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential district. That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. d. The alleged difficulty or hardship is not a self-created hardship. e. That 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 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 of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 5. The planning report #06-12 Variance dated April 4, 2006, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Planning Commission denies the Variances from the front yard setback and 1,000 square foot maximum accessory structure restrictions of the Single Family Residential District for three existing accessory structures built without permits. ADOPTED by the Chanhassen Planning Commission on this 4th day of April, 2006. CHANHAS SEN PLANNING COMMISSION g:\plan\2006 planning cases\06-12 carlson variance\findings of fact.doc Its Chairman 2 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name an. Address: ( - V -6 0 Contact: M a to Phone: 024 A-70 -1 t Z\ Fax: Email: r"iM 13t�_! ;ice. WAS Planning Case No. d(O _. 0` Owner Name and Address: Contact: Phone: - Email: CITY OF CHANHASSEN RECEIVED FEB 1 4 2006 ' CHANHASSEN PLANNING DEPT Fax: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPR/VAAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ t;-SO -?— I �O Cr Is13 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. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%11 X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **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: co-v ko, CIO Yale_ vt a Y1 LOCATION: LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 1-�1"IkC1/) ZCI 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. 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. l I 3 Signatur of p icant ate Signature of Fee Owner Date GApLANVorms\Development Review Application.DOC Rev. 12/05 Josh Metzer Planning Department City of Chanhassen Mrs. Megan J. Moore 3891 W. 62nd Street Chanhassen, MN 55331 February 15t', 2006 Petition for Variance on Setback for Front Detached Garage The following are the Hardships which should be considered for this petition. In the process of removing 5 building from this property and obtaining a permit for a pole barn, it was determined that 3 of the 13 buildings on this property did not have building permits issued when they were built. During the permit application process it was noted that the front garage did not meet setback requirements. Therefore, I seek a variance. This home and property has existed in its current location since the founding of the County of Carver. It is among the first farms to be homesteaded in the Schmid Acre Tracts. I am the a generation to live and farm in this area. The main home was built in 1896 and its location preexisted setback standards. This home faces East towards the park and towards a proposed road the city will put in should the surrounding properties sell to developers. Consequently, the garage would be well within city setback requirements. The front garage was built in 1996 with a setback from 22 to 24 feet for 3 important reasons. 1. To create a safe, enclosed front yard for my children. 2. To conserve enough space between the house and garage for a vehicle to maneuver between. 3. To minimize the impact of increased traffic on the often dangerous curve at the corner of W 62nd Street and Cathcart. Decreasing the space between the home and the garage (thusly increasing the front setback) would create an additional important hardship. My sister's special needs commuter bus would not be able to pull all the way into the yard up to her handicap ramp so that she may embark/disembark and then turn all the way around and exit the driveway onto a busy street safely. The driveway as it is now allows for greater safety for her and her coworkers as well as those drivers which routinely use West 62nd Street in their commutes. Finally, I respectfully submit that the existence of the this garage contributes to the aesthetics of the neighborhood because it stores the accessible vehicles and specially enabled chairs, bikes, strollers and supports which give my sister a more positive adult experience (but take up a lot of space). I would like to note here that this variance request is, for my part, willingly brought forward with no complaints or questions from neighbors or from personnel who visit yearly. Please grant this variance as there seems no detrimental effects on anyone or anything in my area. Your attention in this matter is greatly appreciated by my family and me. Thank you. Sincerely, Mrs. Megan J. Moore AGREEMENT AGREEMENT made this /& day of 6ri , 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and GARY CARLSON ("Carlson"). WHEREAS; Carlson owns a home on certain real property (the "Subject Property") located in the City, the legal description of which is set forth on Exhibit A, attached hereto and hereby made a part hereof, and WHEREAS; Carlson's desire to construct a pole barn ("Pole Barn") on the Subject Property and demolish the five existing structures denoted to be removed on the survey dated January 26, 2006 ("Existing Structures") upon completing the construction of the Pole Barn, and WHEREAS; The City is not required to issue a building permit for the Pole Barn until the Existing Structures have been demolished; WHEREAS; The City is willing to issue Carlson a building permit and allows him to begin construction on the Pole Barn without first demolishing the Existing Structures; NOW, THEREFORE; on the basis of the mutual covenants and agreements herein provided, it is hereby agreed by and between the parties hereto as follows: 1. Issuance of a Buildiniz Permit: Provided the Pole Barn proposed by Carlson meets all of the conditions for issuance of a building permit, as determined by the City, and complies with the terms of this Agreement, the City agrees to issue to Carlson a building permit for the Pole Barn to be located on the Subject Property. 2. Demolition: Carlson shall demolish the Existing Structures before the City will issue a Certificate of Occupancy for the Pole Barn. Carlson shall demolish and remove the Existing Structures no later than August 1, 2006. 3. Costs: The costs of the demolition shall be borne entirely by Carlson. In the event Carlson does not demolish the Existing Structures within the above described time frame, Carlson consents to the City arranging for the demolition of the Existing Home as soon as reasonably practical. Carlson has given the City a $5,000 security escrow for the demolition of the Existing Structures. Carlson shall pay for all of the City's expenses, beyond $5,000, incurred in the demolition of the Existing Structures; provided, however, that if any portion of said costs be outstanding more than thirty (30) days after mailing of an itemized statement for the costs to Carlson, the deficiency shall be certified by the City Clerk to the County Auditor for the entry on the tax rolls of the County as a special assessment against the Subject Property. Carlson hereby agrees to waive any and all procedural or substantive objections to any assessments against the Subject Property concerning the costs of demolition, including but not limited to the Notice and Hearing requirements, and any claim that the assessments exceed the benefit to the Subject Property. Carlson waives any appeal rights otherwise available pursuant to law or equity. Upon completion of the demolition and removal of demolished material, the City shall release the escrowed security after written request of the property owner, verification of said demolition and removal, and subject to the City not having performed, or having contracted to perform, said demolition and removal of the Existing Structures. 4. Release: Carlson, for himself, his heirs, successors and assigns, hereby forever extinguish, release and discharge the City and any of its elected or appointed officials, employees, attorneys, agents, inseminators, representatives, insurers and assigns, of and from any and all claims, demands, obligations, actions or causes of action, at law or in equity, which arise from the City's issuance of the building permit as stated in this Agreement or from the construction of the Pole Barn on the Subject Property, whether arising by statute, common law or otherwise, and for all claims for damages, of whatever kind or nature, and for all claims for attorney fees, costs and expenses. 5. Indemnification: Carlson, for himself, his heirs, successors, and assigns, hereby agree to defend, indemnify, keep and hold the City and any of its elected and appointed officials, employees, attorneys, agents, inseminators, representatives, insurers and assigns, harmless from any and all past, present or future claims, demands, obligations, actions or causes of action, at law or in equity, which arise from the City's issuance of the building permit or from the construction of the Pole Barn on the Subject Property, whether arising by statute, common law or otherwise, and for all claims for damages, of whatever kind or nature, and for all claims for attorney fees, costs and expenses. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF CHANHASSEN BY: i Todd Gerhardt, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF f- ) The foregoing instrument was acknowledged before me this k(o+h day of e ( t- , 2006 by Todd Gerhardt, the City Manager respective of the City of Chanhassen, Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. (Notary Seal) KIM T. MEUWISSEN ;;� Notary Public -Minnesota `yam My Commission Expires Jan 31, 2010 STATE OF MINNESOTA ) )ss. COUNTY OF C af\lf ) f I . N tary Public GA Y CARLSON The foregoing instrument was acknowledged before me this day of 1 �tby- r , 2006, by Gary Carlson. (Notary Seal) °,l.,,,,' KIM T. MEUWISSEN Notary Public -Minnesota ` My Commission Expires Jan 31, 2010 +Nary'Public EXHIBIT "A" That certain tract bounded and described as follows: Beginning at a point 648 feet East of the Northwest corner of Section 5, Township 116 North of Range 23 West, and 16'/z feet South of the North line of said section; and on the Easterly right of way line of the Minneapolis and St. Louis Railroad; thence South 49°22' West along said right of way line a distance of 307 feet; thence South at an angle to the left of said right of way line of 48°20' a distance of 391.8 feet along the West line of Lot 6, Schmid's Acre Tracts, according to the recorded plat thereof to the Southwest corner of said Lot 6, thence East along the South line of said Lot 6 a distance of 524.5 feet to the Southeast corner of said Lot 6, thence North along the East line of said Lot 6 a distance of 591.35 feet to the northeast corner of said Lot 6, and thence West along the North line of said Lot 6 a distance of 287.6 feet to the point of beginning. Except the North 217.75 feet of the East 200 feet of Lot 6, Schmid's Acre Tracts; ALSO EXCEPTING: The South 217.75 feet of the North 435.5 feet of the East 200 feet of Lot 6, Schmid's Acre Tracts according to the recorded plat thereof. ALSO EXCEPTING: That part of the East 200.00 feet of Lot Six (6), Schmid's Acre Tracts, Carver County, Minnesota, according to the recorded plat thereof, which lies South of the North 435.5 feet. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF NIINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on March 23, 2006, 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 Gary Carlson Variance — Planning Case No. 06-12 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. KaroA Engel ar t, Depu Clerk Subscribed and sworn to before me this,-P3 rd day of Karc2006. Not KIM T. MEUWISSEN YPlic,. .r Notary Public -Minnesota .i. 'v My Commission Expires Jan 31, 2010 .. 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The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shalt not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. I -el Mrxewas"a Pr This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000). and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. HENNEPIN CO REG RR AUTHORITY MICHAEL & KATHLEEN KERBER MARK JOHNSON HOMES LLC HENNEPIN CO GOVT CENTER 27110 62ND ST W PO BOX 21327 300 6TH ST S EXCELSIOR, MN 55331 -8907 EAGAN , MN 55121 -0327 MINNEAPOLIS , MN 55487 -1308 STEVEN L & SUZANNE M BRADLEY D&G OF CHANHASSEN LLC RICKY W & HEIDI S HUEFFMEIER 6175 STRAWBERRY LN 7820 TERREY PINE CT 6551 KIRKWOOD CIR EXCELSIOR, MN 55331 -8956 EDEN PRAIRIE, MN 55347 -1126 EXCELSIOR, MN 55331 -7724 MORTGAGE ELECTRONIC REG SYST C/O CITIMORTGAGE INC PAUL V & ALYSSA S NESS JEANIE ANN SEEHOF 1000 TECHNOLOGY DR 3732 LANDINGS DR 6561 KIRKWOOD CIR MS 314 EXCELSIOR, MN 55331 -9711 EXCELSIOR, MN 55331 -7724 ST CHARLES , MO 63304 -2239 STEVEN P & SHEILA A MCSHERRY JOSHUA E & HEATHER M HAYES BLAKE L BOGEMA 6571 KIRKWOOD CIR 3861 LINDEN CIR 3841 LINDEN CIR EXCELSIOR, MN 55331 -7724 EXCELSIOR, MN 55331 -7728 EXCELSIOR, MN 55331 -7728 VICTOR 0 & DIANE T MORAVEC KEVIN T & MAUREEN S FARRELL LARRY L & LISA M NELSON TRUSTEES OF TRUST 6541 MINNEWASHTA PKY 3860 LINDEN CIR 3821 LINDEN CIR EXCELSIOR, MN 55331 -9655 EXCELSIOR, MN 55331 -7727 EXCELSIOR, MN 55331 -7728 VINCENT & JANICE FEUERSTEIN MICHAEL J BARNES & DEAN A & JACQUELINE P SIMPSON 3880 LINDEN CIR TAMARA A DEVOS 7185 HAZELTINE BLVD EXCELSIOR, MN 55331 -7727 3840 LINDEN CIR EXCELSIOR, MN 55331 -8057 EXCELSIOR, MN 55331 -7727 TERRANCE SR & SANDRA THOMPSON DAVID W & JULIE ANN TERPSTRA MINNEWASHTA CREEK HOMEOWNERS 3820 LINDEN CIR 6581 JOSHUA CIR C/O NANCY NARR EXCELSIOR, MN 55331 -7727 EXCELSIOR, MN 55331 -7726 3950 LINDEN CIR EXCELSIOR, MN 55331 -7703 BRICK HOLDINGS LLC CHARLES F & VICKI L ANDING THOMAS & MARY ALLENBURG 117 WILDWOOD AVE 6601 MINNEWASHTA PKY 6621 MINNEWASHTA PKY BIRCHWOOD , MN 55110 -1624 EXCELSIOR, MN 55331 -9657 EXCELSIOR, MN 55331 -9657 MARY LYNN KNUTSON-ROGERS KEVIN R & MARY E HOFFMAN MARK W & JULIE W MCARTHUR 3851 LESLEE CRV 6631 MINNEWASHTA PKY 3765 LANDINGS DR EXCELSIOR, MN 55331 -9631 EXCELSIOR, MN 55331 -9657 EXCELSIOR, MN 55331 -9712 KENNETH C DURR MICHAEL P & LORI B ZUMWINKLE KEVIN R & JULIA E PROHASKA 4830 WESTGATE RD 7250 HILLSDALE CT 6424 LANDINGS CT HOPKINS , MN 55345 -3931 CHANHASSEN , MN 55317 -7548 EXCELSIOR, MN 55331 -9713 THOMAS R & KAREN C LONDO R KENMORE & ELOUISE M JOHNSON WILLIAM H & KIMBERLY A KOHMAN 3764 LANDINGS DR 3748 LANDINGS DR 3780 MEADOW LN EXCELSIOR, MN 55331 -9711 EXCELSIOR, MN 55331 -9711 EXCELSIOR, MN 55331 -7840 WILLIAM J & KARI L MCREAVY RALPH A & SHIRLEY A NELSON ROBIN S O'MEARA 3790 MEADOW LN 3800 MEADOW LN 3814 MEADOW CT EXCELSIOR, MN 55331 -7840 EXCELSIOR, MN 55331 -7840 EXCELSIOR, MN 55331 -7839 BRIAN R CARLSON JEFFREY F JEWISON & JEFFREY R BERGE & 3828 MEADOW CT LISA J WECKWERTH DENISE E ZOELLMER EXCELSIOR, MN 55331 -7839 3842 MEADOW CT 3856 MEADOW LN EXCELSIOR, MN 55331 -7839 EXCELSIOR, MN 55331 -7840 DAVID C & LISA A GAUPP LAUREANA VOUNG BOUALOUANG JOSE E GARCIA-MUNOZ & 3870 MEADOW LN 3884 MEADOW LN ALMA GARCIA EXCELSIOR, MN 55331 -7840 EXCELSIOR, MN 55331 -7840 3891 MEADOW LN EXCELSIOR, MN 55331 -7840 PATRICIA B CHARNEY RANDALL A & LISA M MAYER PATRICK L & BONNIE C MONAHAN 3861 MEADOW LN 3831 MEADOW LN 3801 MEADOW LN EXCELSIOR, MN 55331 -7840 EXCELSIOR, MN 55331 -7840 EXCELSIOR, MN 55331 -7840 MOMCILO SPASOJEVIC & KEITH R KORINKE WAYNE M HARTUNG & SMILJANA SPASOJEVIC TONI R JOHNSON 3771 MEADOW LN 6310 CHURCH RDEXCELSIOR , MN 55331 -8837 2306 RUSSELL AVE N EXCELSIOR, MN 55331 -7840 MINNEAPOLIS , MN 55411 -2443 CRAIG C MILLER CITY OF SHOREWOOD GARY CARLSON 6450 MINNEWASHTA PKY 5755 COUNTRY CLUB RD 3891 62ND ST W EXCELSIOR, MN 55331 -9652 EXCELSIOR, MN 55331 -8927 EXCELSIOR, MN 55331 -8803 DALE E & LINDA J KEEHL TERRANCE LANE TOLL MEGAN J CARLSON 3841 62ND ST W 6250 CARTWAY LN C/O GARY & MAUREEN CARLSON EXCELSIOR, MN 55331 -8803 EXCELSIOR, MN 55331 -7846 3891 62ND ST W EXCELSIOR, MN 55331 -8803 JOHN RABY CAROLE D WESTBY GARY R ANDERSON 26960 62ND ST W 27020 62ND ST W 26940 62ND ST W SHOREWOOD MN 55331 SHOREWOOD MN 55331 SHOREWOOD MN 55331 GEORGE R & LESLIE C GLEASON 6130 CATHCART DR SHOREWOOD MN 55331 ANDREW J & DOROTHY A MELDAHL 6180 CATHCART DR SHOREWOOD MN 55331 RITA A DETRUDE MINNEWASHTA CHURCH 26620 62ND ST W ROBERT CASTELLANO TREASURER SHOREWOOD MN 55331 26715 W 62ND ST SHOREWOOD MN 55331 STEVE KORIWJANE SMITH 6135 CATHCART DR SHOREWOOD MN 55331 Public Hearing Notification Area (500 feet) Carlson Variance Request 3891 West 62nd Street Planning Case No. 06-12 �o 0 5.3 i +,Shed 75.2 9w: 7 ti 982. 7 Shed i�x'� 978.3 �. .2 � i She,. 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