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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 ~ ~"";Dn,,J .,:/!iIn;vD ,:/l;a6i1ibJ rfPtr,,,,,nJIdp 11.1 T01\NEYS A'T l^W 0lAS1(,l~ 111 5eCXl/ld StrMC WS p.O._57 ChMIm. MIIllll!5IO\ll ssnB TeI.~IIon. (952) 442-77011 f'Ial/flIl8 (952) ....$-6282 W9 PA~ ...-,mllSlaw.C<lITl RIUJ/Y ro: WlIconla Ol'f1ce 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 Enclosures ,ecl;on 5 ->~ 23 West' l \ \ s ;~ /~6480 ;V bT 11..,,- ,zo~d'\J1\Y ~~,,~ J' , <lOV n..:. / ~V' ~ ~ ~ ~ ~ O~\; ~ee $. V\)... ~ e'3- c:,1' 0'1.\\0 ~> ~ ~. 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