Application
Planning Case No. Cicrd~~
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
CITY OF CHANHASSEN
RECEIVED
DEVELOPMENT REVIEW APPLICATION
CHANHASSEN PLANNING OEPT
MAY 1 9 2006
Owner Name and Address:
':JA",,^~
5533/
Contact:
Fax:15:2 47l.( 335'9 Phone:
Email:
Fax:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Temporary Sales Permit
Interim Use Permit (IUP)
Vacation of Right-of-Way/Easements (VAG)
-+- Variance (VAR)
Wetland Alteration Permit (WAP)
Conditional Use Permit (CUP)
Non-conforming Use Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign - $200
(City to install and remove)
Site Plan Review (SPR)*
X Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPRNACNARlWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $
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.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a diaital 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:
LOCATION:
LEGAL DESCRIPTION:
TOTAL ACREAGE:
WETLANDS PRESENT:
YES
NO
PRESENT ZONING:
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
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. 12/05
Pillll A. MelcMrt
QaYid P. Hu~
Keltfl 1:. 5Jodln
R. ~t1.tI'ls
T1motl1Y 1. LJloOv
BrUley w. SOlheim.
J. Mldloel "eld1tit
'Thllm_ W. llIr1r.ln
lCetly Co 001\111
'T11clmM 1'1. John;ton
!l:ent f. s~~n"
P. cavid Meld1crt
Of~~':
luke L fo\el~
1'1.~ It. WIUI!l\'ISSlltl
Christine .... swee
Firm AtlfnJnisttiitor.
Mary Lee 1l.clner
O/ltill'nllWtY ~oI1Sl
ur;/Yd rMl :;/Ifd.,ilf
WAroNfA oma
\21 wst MaIn SlJ-. SUItt 2DO
~1a, ~S'53l1"1
T~ (951) AAZ.17DO
~ (952) 442-11166
MELCHERT · HUBERT · SJODIN
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TeI.~IIon. (952) 442-77011
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May 19.2006
City of Chanhassen
Re: Application of Gary Carlson and Megan Moore
Case No. 06.12
To Whom It May Concern:
Dwing the passage of time since Mr. Carlson and Ms. Moore were in front of the
Planning Commission to consider their request for the granting of a variance from the 30 foot
front yard setback for the existing fourpstall garage and relief from the 1,000 square foot
detached accessory strUcture restriction, we have had additional time to reflect upon the
request and make certain other determinations of fact.
In brief, we verily believe that it is in the best interest of the City of Chanhassen, its
citizens and the applicant if their request would be granted. The reasons are: (1) that the
relief requested is relatively insignificant in comparison to the money, effort and harm to the
subject property resulting from the strict enforcement of the zoning regulations; (2) that it is
to the benefit of the City of Chanhassen and the residents that this property continue to be
used for its present less intense use as opposed to developing fully in accordance with the
subdivision and zoning regulations of the City of Chanhassen; and (3) there are ample
reasonS for the granting of the requested variances without setting any precedences.
Attached please find'a copy of a drawing of a portion of the subject property showing
the garage and its proximity to the actual driving surface of 62"4 Street West and a drawing
showing other properties and their location relative to 62nd Street.
I would like to speak briefly to each of the two requested variances individually.
_---0-.-
MELCHERT. HUBERT. SJODIN
City of Chanhassen
May 19,2006
Page 2
VARIANCE FROM 1,000 FOOT ACCESSORY BUll..DING RESTRICTION
A brief description of the facts sUlTounding this request are that the applicant and the
City of Chanhassen have entered into an agreement whereby the applicant may have 3,372
square feet of accessory structures on the subject property based upon the agreement to
remove five structures and then adding a new pole bam. The requested variance would be
requesting an additional 1,987 square feet which is the result of the four-stall garage and the
two barns put up for the horses. The two barns tor the horses were added by the applicant in
response to an official of the City of Chanhassen who requested that additional shelter be
provided for the horses. The other excess square footage is a result of the garage which was
constructed by the applicant for the reasons set forth in his original application and it should
be noted that the square footage of the garage, 1012 square feet, has existed for ten years.
The 2020 land use plan has the subject property guided for "Residential-Low
Density" giving a density range of 1.2 to 4 units per acre. If the property was zoned in
accordance with the land use plan and developed within the permitted parameters, there
could be fourteen additional single family houses, each having 1,000 square feet of accessory
structures for a total of 15,000 square feet of additional structures, or 9,641 feet in excess of
what exists today on the subject property.
If the property were developed as permitted by the regulations of the City of
Chanhassen, there would be a significant increase in intensity of the use of the property than
as it now exists. It should not be forgotten the 5.359 square feet of accessory uses has
existed now for at least two years and some 3,371 square feet thereof has existed for in
e:xcess of thirty-six years, all without complaint from any of the neighbors.
The above information, together with all of the facts and information as contained in
the original application for a variance would seem to indicate that the requested variance
under these circumstances is not unreasonable and is in the best interest of the City of
Chanhassen.
V~CEREQUESTFROM30FOOTFRONT
YARD SETBACK REOUIREMEl'IT
As to the request for a variance of 22 feet for the four-stall garage from the right-of-
way of 62nd Street, it would seem that there is an undue hardship if the requested variance is
not granted. The garage was built ten years ago and, admittedly, without obtaining a
building permit. It seems that after ten years of existence it would be irrelevant for purposes
of this discussion whether or not a building permit had been issued. The fact is that the
garage has existed for at least ten years without complaint from the neighbors and without
having any indication of displeasure from the City ofChanhassen at any time until now.
MELCHERT · HUBERT. SJODIN
City of Chanhassen
May 19,2006
Page 3
There appears to be little hann to anyone if this condition was allowed to continue to
exist. r would suspect that without, the fact that a survey was submitted, no one would have
questioned whether or not this garage was within the setback requirements. There had to be
numerous City officials to observe this garage over the last ten years and at no time did
anyone question whether or not it met any setback requirements. The building sits behind a
three foot high earthen benn and a stand of trees. To the best of our knowledge, at no time
since the garage has been built has there been any accident in this area. Ten years of
experience would indicate that it is not a hazard or safety concern.
The requested variance is only eight feet for a building which was constructed behind
a stand of trees that existed for years prior thereto and an earthen berm and was undetected
by City officials for an excess often years. It has not received one registered complaint from
any of the neighbors of which we are aware. The actual driven surface of 62"cJ Street to the
building which is 22 feet from the right-of-way is 59 feet from the struCture. (See attached
drawing)
To require this structure to be removed would cost literally thousands of dollars and
move the structure so close to an existing tree that it would be extremely difficult for
emergency vehicles and/or the handicapped vehicle necessary to transport applicant's
daughter to negotiate in the area. It is only twenty feet from the garage to the large tree. (See
attached drawing) If the garage is required to be moved eight feet, this would put the garage
only twelve feet from this large tree. There is not sufficient room between the large tree and
the house for an emergency vehicle to safely negotiate between the tree and the house. If the
garage was moved to within twelve feet of the tree, it would not be safe for an emergency
vehicle; i.e., an ambulance or especially a fIre apparatus. to negotiate between the garage and
the tree.
It should be noted that there are numerous existing stnlctures along 6200 Street,
including the hockey fence in the City park just easterly of the subject property, within the
thirty foot setback requirement. We would submit that if the applicant was making the
request now for a variance to build the garage, and given all the facts surrounding this
request, it would not be unreasonable for the City of Chanhassen to grant the requested
variance from this setback requirem~nt.
There is little or no harm to the general public and to the City of Chanhassen for the
granting of this variance. The cost to the applicant to move the garage is extremely high in
comparison to the evil perceived by allowing the structure to remain.
MELCHERT · HUBERT · SJODIN
City of Chanhassen
May 19, 2006
Page 4
The reasons given in the initial application, and the information found subsequent
thereto and more to be articulated at the hearing, give amble reasons for the granting of the
requested variance.
Very trul yours,
~~..
Luke Melcfiert
LM/lle
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