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PC Staff Report 6-20-06 PC DATE: June 20, 2006 8] CITY OF CHANHASSEN CC DATE: July 10, 2006 REVIEW DEADLINE: July 18, 2006 CASE #: 06-23 BY: JM STAFF REPORT PROPOSAL: After-the-fact Variance request 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. LOCATION: 3891 West 62nd Street Lot 6, Schmid's Acre Tracts APPLICANT: Gary & Maureen Carlson and Alan & Megan Moore Ci IGft:- 3891 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 -< ~ -< ~ ~ ~ ~ 00. 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. Staffis recommending denial ofthe request. The applicant appeared before the Planning Commission on April 4, 2006 for a similar variance request which was denied. The current request is different from the previous request in that the applicant has agreed to remove two additional existing accessory structures. 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. Location Map Carlson Variance Request 3891 West 62nd Street Planning Case No. 06-23 Subject Property SCANNED Carlson Variance Planning Case #06-23 June 20, 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 4,917 square feet of accessory structures. The site is located north of Highway 7 and west of Church Road at 3891 West 62nd Street. Access to the site is gained via West 62nd 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 ofthe 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 C). Together these buildings total 1,987 square feet of detached accessory structures that have been built without a permit. The applicant appeared before the Planning Commission on April 4, 2006 for a similar variance request which was denied. The current request is different from the previous request in that the applicant has agreed to remove two additional existing accessory structures. The two storage sheds to be removed are located to the south of the principal structure. They are 216 square feet and 227 square feet in area respectively for a total of 443 square feet of accessory structure to be removed. Carlson Variance Planning Case #06-23 June 20, 2006 Page 3 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 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 62nd Street via the subject property. ANAL YSIS J Carlson Variance Planning Case #06-23 June 20, 2006 Page 4 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 and several detached accessory structures. Residential properties in the A2 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 the 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 applicant has also agreed to remove two storage sheds (pictured below), located south of the principal structure, contingent upon approval of this variance request. There are currently thirteen detached accessory structures on the subject property totaling 6,566 square feet. With the removal of seven of these structures the property will contain six structures totaling 4,917 square feet. This amount exceeds the RSF 1,000 square-foot accessory structure restriction by 3,917 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. -~ Carlson Variance Planning Case #06-23 June 20, 2006 Page 5 Front Yard Setback Variance The applicant is requesting an after-the-fact variance from the 30-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. By providing a 30-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 62n Street which provides a physical barrier between the subject property and passing traffic. ~ .._~~- View of four-stall garage from West 62n Street facing southeast ~ Carlson Variance Planning Case #06-23 June 20, 2006 Page 6 The small porch on the northern elevation of the house, and a large tree in that vicinity, has been sketched on the survey by the applicant. 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 ifthe garage met the 30-foot front yard setback requirement. However, ifthe garage maintained a 30-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. 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: 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. 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. 3. That the purpose ofthe 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 ofthe 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. Carlson Variance Planning Case #06-23 June 20,2006 Page 7 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 oflight and air to adjacent property or substantially increase the congestion ofthe 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 oflight 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 62nd Street based on the findings of fact in the staff report and the following: 1. The applicant has not demonstrated a hardship. 2. The applicant has reasonable use of the property. 3. 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 4,917 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." Carlson Variance Planning Case #06-23 June 20,2006 Page 8 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 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 Luke Melchert to the City ofChanhassen dated May 19, 2006. 4. Letter from Gary Carlson to the City ofChanhassen dated May 19, 2006. 5. Letter from Dale & Linda Keehl of3841 West 62nd Street to the City ofChanhassen. 6. Letter from Terry Toll of 6250 Cartway Lane to the City of Chanhassen. 7. Building Permit Agreement between City of Chanhassen and Gary Carlson. 8. Public Hearing Notice and Affidavit of Mailing. 9. Lot Survey. 10. Sketched Lot Survey. 11. Aerial Photograph. 12. Accessory Structure Photos. g:\plan\2006 planning cases\06-23 carlson variance\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION INRE: 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. 06-23. On June 20, 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 ofthe 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. c. 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 ofland is located. 1 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 #06-23 Variance dated June 20,2006, prepared by Josh Metzer, et aI, is incorporated herein. ACTION The Planning Commission denies the Variances from the front yard setback and 1,000 square foot maximum accessory structure restrictions ofthe Single Family Residential District for three existing accessory structures built without permits. ADOPTED by the Chanhassen Planning Commission on this 20th day of June, 2006. CHANHASSEN PLANNING COMMISSION BY: Its Chairman g:\plan\2006 planning cases\06-23 carlson variance\findings of fact.doc 2 Planning Case No. CX:r- d,,--':) CITY OF CHANHASSEN 7700 Market Boulevard ~ P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 CITY OF CHANHASSlitN RECEIVED DEVELOPMENT REVIEW APPLICATION CHANHASSEN PLANNING DEPT MAY 1 9 2006 PLEASE PRINT A Iicant Name and Addres c4. q.. Owner Name and Address: ~AW\.t:.. 3 C11 We''6+ Contact: 30... 'M ~ Phone:15..7- ~llj 335 '/ Email: 5533/ Contact: Fax:15:2 47l..( 335'tJ Phone: Email: Fax: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) Vacation of Right-of-Way/Easements (VAG) + Variance (VAR) Wetland Alteration Permit (WAP) Interim Use Permit (IUP) 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/SPRlVACNARlWAP/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 di~ital 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. SCANNED PROJECT NAME: C 0- V' ~.s: O.A] mC:F~J\{'e..: ~~<O9 \ . uJ G,~.N d U~\J\I~ LOCATION: 51" LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: Lj, S k YES 2 NO PRESENT ZONING: tK' S f REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 0:) GT 0- ~ Y v C\ V"' " 0.... }J C ~ 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. ~D~ Signature of Applidant \"'fu f) J q - 0 {, Dat 5AIv\G Signature of Fee Owner Date (i$U1r\",a G:\pLAN\forms\Development Review Application.DOC Rev. 12/05 , .:,' - ..:.-- ,::...~-: ~". '~:~. -:' .~.:. :.::'. '..':;~< :. -,.... . .: '.'. ~ Paul .. Melc:Mtt Q3Yl~ P. H~ Kel\tl E. SJadIIl It, ~ tl.-rtS 'TImOltlY ,. \JIOlTf 8r11Hl:Y W. SofhCIm. l. Mldltel MeIdJelt '1hllmal W. U1T1tll' l(eIIy C. OOhm 'ntambS ... Jatm;ton I<ent f. SpeIIJN/l.. ". DiIYid Meldlert WACONU oma 111 w.t MaIn SIr-. 5_ :zoo ~~S5317 ~ ~).w-1700 ~ (952J 441"166 MELCHERT · HUBERT · SJODIN et ~pitJmll ~;,,1J .:J2ia6ili'f r;;p.,,,,,,,.,Jif AtTORNEYS AT V.W ~ 0I'mI! 1U~SlIMtW- '.0.101117 ChMIat. HI~ 55>>' l'eItIllIIDnI ttS2l44H701l ~.. (952) ...8-'282 W9 PAG6 _,mh5Jaw.CllITl Of~: LUke l. Mtlctlert ,.,.c It, WnJemsse1\ ChrIStIne M. swee Rrm~ Merv Lee Rclner "Iltil-'Y SptQoIISl -"OWl r". S/lfdolilf Reply CO: WatonlS Offke May 19. 2006 City of Chanhassen Re: Application of Gary Carlson and Megan Moore Case No. 06~12 To Whom It May Concern: During 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 four~stall garage and relief from the 1,000 square foot detached accessory strUcture restriction, we have had additional time to reflcct 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 regullllions; (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 arc 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 SUtface of 62" Stn:el West and a drawing showing other properties and their location relative to 62"" Street. I would like to speak briefly to each ofthe two requested variances individually. --- ----.-.- SCANNED -,' ......- -...- '.'~ . '" . -. . ~ ., . ." ." . -< ~. ~""'" ~: ...~;.~._.~-~.. MELCHERT. HUBERT. SJODIN City of Chanhassen May 19, 2006 Page 2 VARIANCE FROM 1.000 FOOT ACCESSORY BUILDING 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 bams 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 penniUed 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~CEREOUESTFROM30FOOTFRONT YARD SETBACK REOUIREMENJ 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. SCANNED ". ~ - '. . - '."' . -~.-"- '_..:.'~ ....... ..;'.--..:.; =- . ._:.... _'.__ _'.'. ~ ~-~.':.~. ..:"~: - ... .." '01" ~ -. . '- . -. '-' - . ,. .- .--. , . .;_ '_-.I.............. .'- ". .,..... .... .-. ". '.- ..- .... . 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. I 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 tlnd 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 62IJcf 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 frre apparatus, to negotiate between the garage and the tree. It should be noted that there are numerous existing structures along 6200 Street, including the hockey fence in the City park just easterly of the subject propeny, within the thirty foot setback requirement. We wouJd 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 ofChanhassen 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 structw'e to remain. SCANNED _. 0 ~ _ 0, .,~, ~ ~ _, . , ..- .. - . . o .0'_.... '" ~ 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 trol yours, ~~. Luke Melcnert LM/lle Enclosures SCANNED Carlson Variance Planning Case #06-12 Whereas the elapsed time from the :first submitted to the present has allowed more time to consider and compromise the issues at hand. The Carlson's and Moore's resubmit their request to consider granting their unique and unduplicated property a variance to the front set back from 30' to 22' and a variance to the accessory structure to an area of 4854 sq. ft. Whereas Gary and Maureen Carlson and Megan and Alan Moore have agreed to remove an additional preexisting sheds form their property by November 1, 2006. This was negotiated between the city and applicant. The applicant remains committed to any other appropriate negotiations as planning or council may suggest. In the interest of improving this part of our city, Mr. Carlson has already entered into agreement with the developer to the south of our property to come on to the property by 300' to regrade and correct the drainage from our property to the new development. We will jointly be erecting a very nice fence for the horse pasture along our common border. This will be a further improvement to our common view of each others property. The agricultural use has been in existence for a long time and it needs improvement to its buildings. This is not an expansion but is a variance to allow their grandfathered use to improve itself and provide shelter and storage for our equipment. We need to be able to separate and house the horses which have been permitted to be on our property. We are taking down seven sheds and are only asking to keep the newer buildings as they were built 13, 10 and 4 years ago. If you would simply look at the front of our property as far as set back is concerned, you would find that the road is turning away from our property over the entire front width of our property and at the 22' set back the road is actually the furthest from the property. So don't look at the survey because it is misleading, the road is not parallel to the front line. There is no way for traffic to reach our garage as there are trees and a four foot berm between the road and the garage. Further, in looking at the lay of the lot, the placementof the garage is where it should be. It is safely back from the road and it leaves just enough room between the garage and the house to drive through with a hay wagon and other trucks, Molly's handicap bus, and fire saving equipment. Furthermore, if it were back 8 feet more you could not drive in and out of the garage doors. We are supported by our neighbots. We are not a detriment to our community. We are improving our property for our continued agricultural use. We can never meet RI zoning as much as we both try. In one breath you seek accommodation with existing uses while at the same time limiting and trying to zone us out of existence. Please let us see if there is room to compromise and move forward. ~ ~ -1)- Db '0- ..1 .' . . . fY)e.,) -lqy\.f 10 U 1'5 nJvd +0 +k ~J.sV\\ o~ . ~ ~f 51'd~) I Hc()JQ.., No Pru~~ $ uJ; f/., thJ r B tM lh "6,S ! ~~ Yv-ef ~ ~s;)..- V7 y - '17 ~ S- AGREEMENT . AGREEMENT made this I h ~ day of /iJrv;z, 2006, by and between the CITY OFCHANHASSEN, a Minnesota municipal corpora' on ("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 firstdemolishing 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 Building Permit: Provided the Pole Barn proposed by Carlson meets all of the conditions for issuance of abuilding 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: ~ ./Todd Gerhardt, City Manager STATE OF MINNESOTA COUNTY OF C ..D.-rVer ) )ss. ) The foregoing instrument was acknowledged before me this \ <0 + h day of .feb( uCtJ i ,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) I..' '~.;.tt KIM T. MEUWISSEN ~. Notary Public-Minnesota ~ My Commission Expires Jan 31, 2010 ~y CARLSON STATE OF MINNESOTA COUNTY OF lCt(\!eY ) )ss. ) The foregoing instrument was acknowledged before me this Ilc +h day of ~-e.'o'("u().("'1-'-' 2006, by Gary Carlson. (Notary Seal) 1 ~""'!.~t~~ KIM T. MEUWISSEN I . Notary .p.. ubllC-Minnesota My Commissklli /:xPlres Jan 31. 2010 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 Yi 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 49022' 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 48020' 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 Lot6, 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 MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on June 8, 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 06-23 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 <6 th day of ~LU'\ -€- , 2006. ~~~o~~~ Ir" 9;, KIM T. MEUWISSEN i j Notary Public-Minnesota My Commission expires Jan 31, 2010 CI C ; Q) Q) ::E CIS c.- .- (f) ... 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Disclaimer 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. 11 errors or discrepancies are found please contact 952.227.1107. The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, 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 use~s access or use of data provided. DisclaImer 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 9466.03, 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 delend, 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 use~s access or use of data provided. JOHN RABY 26960 62ND ST W SHOREWOOD MN 55331 GEORGE R & LESLIE C GLEASON 6130 CATHCART DR SHOREWOOD MN 55331 RITA A DETRUDE 26620 62ND ST W SHOREWOOD MN 55331 CAROLE D WESTBY 27020 62ND ST W SHOREWOOD MN 55331 ANDREW J & DOROTHY A MELDAHL 6180 CATHCART DR SHOREWOOD MN 55331 MINNEWASHTA CHURCH ROBERT CASTELLANO TREASURER 26715 W 62ND ST SHOREWOOD MN 55331 GARY R ANDERSON 26940 62ND ST W SHOREWOOD MN 55331 STEVE KORIN/JANE SMITH 6135 CATHCART DR SHOREWOOD MN 55331 MARK JOHNSON HOMES LLC PO BOX 21327 EAGAN, MN 55121 -0327 STEVEN L & SUZANNE M BRADLEY 6175 STRAWBERRY LN EXCELSIOR, MN 55331 -8956 MICHAEL & KATHLEEN KERBER 27110 62ND ST W EXCELSIOR, MN 55331 -8907 LAUREANA VOUNG BOUALOUANG 3884 MEADOW LN EXCELSIOR. MN 55331 -7840 BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA. MN 55345 -1017 DAVID C & LISA A GAUPP 3870 MEADOW LN EXCELSIOR. MN 55331 -7840 JEFFREY R BERGE & DENISE E ZOELLMER 3856 MEADOW LN EXCELSIOR, MN 55331 -7840 PATRICK L & BONNIE C MONAHAN 3801 MEADOW LN EXCELSIOR. MN 55331 -7840 MEGAN J CARLSON C/O GARY & MAUREEN CARLSON 3891 62ND ST W EXCELSIOR. MN 55331 -8803 ROBIN S O'MEARA 3814 MEADOW CT EXCELSIOR. MN 55331 -7839 RALPH A & SHIRLEY A NELSON 3800 MEADOW LN EXCELSIOR. MN 55331 -7840 WILLIAM J & KARl L MCREAVY 3790 MEADOW LN EXCELSIOR. MN 55331 -7840 TERRANCE LANE TOLL 6250 CARTWAY LN EXCELSIOR. MN 55331 -7846 DALE E & LINDA J KEEHL 3841 62ND ST W EXCELSIOR. MN 55331 -8803 CITY OF SHOREWOOD 5755 COUNTRY CLUB RD EXCELSIOR, MN 55331 -8927 HENNEPIN CO REG RR AUTHORITY HENNEPIN CO GOVT CENTER 300 6TH ST S MINNEAPOLIS. MN 55487 -1308 JEFFREY F JEWISON & LISA J WECKWERTH 3842 MEADOW CT EXCELSIOR. MN 55331 -7839 BRIAN R CARLSON 3828 MEADOW CT EXCELSIOR. MN 55331 -7839 Public Hearing Notification Area (500 feet) Carlson Variance Request 3891 West 62nd Street Planning Case No. 06-23 Lake Minnewashta "'rAuo.\ P~\J"(..J..6. fo..~ ~ ~-. ~~ o~ b':t..J d ~t ~ \ :0(...- 1."l v> , ~ O\j ~ Garage ;; . C\i .. . 'V22.3 ~.. C\j. ~ {;-6'er.,.,.... .. A": - f~ 9.85 2 ~ V24.3 ~ ~ocrS .~ $>..... '984.9 ~ "\. ?"D \ ~v'~), ~..""... J, .. r- - ~.,>..~ i.c-l......IJ4.-,1"C'< 1\ ~~, . - ~....-:..~uJtt-\ K. JJ.' ~83.9 . . """~~ . )t.- - ---g{j5.5 26.3 855 El~ ~. Shed ~ ~ ~ ~. J) \1::. t' 0- \t- \(,~ r->~ 983.2 8.2 6.8 <:l ~ ~ 985. 1 '-" 4.9 .30.1 .33.5 '"l '" " House C\j (Q ") 10..3 I'--. (Q "l- 30.0 984.3 . Barn <:l ~ 42.5 011.8.. ~ 982.1 Shed 22.1 " 981.8 I$ Shed :: . 981.7 ~ 979.0 .~. .... I ... {~.2,":1 SCANNED Aerial Photograph Accessory Structure B ("Loafing Shed") Accessory Structure C ("Machine Storage Shed") I I I I I I I I . I I I I I I I I -~--~ Nonconforming Accessory Structures Sheds South of the House (to be removed) Barn West of the House Shed West of the House