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PC Staff Report 7-18-06 CITY OF CHANHASSEN noo Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site W/{'//.ci .chanhassen.mn.us [!] MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Community Development Director DATE: o~ July 18,2006 SUBj: UPDATE - Loren VeItkamp request for front yard setback Variances Planning Case 06-25 The Planning Commission held a public hearing on June 20, 2006, to review the proposed variances. The Planning Commission moved to table the proposed variance request. The Planning Commission minutes are attached to this report as item la. At the June 20th meeting it appeared there that was some confusion regarding the use of the VeItkamp home as a rentallboarding house. Staff has taken the position that the home was being rented. Attached is the Sheriff's Office Report stating that in addition to Mr. VeItkamp there were three separate family units "renting" at the subject property. Mr. VeItkamp's position is that the house is inhabited by roommates, not renters, and that the entire home is considered common area; therefore, he believes he is exempt from rental license requirements. Section 20-28 of the Chanhassen City Code states that an interpretation made by an administrative officer (staff opinion that the home is rented) be interpreted by the Planning Commission. Staff is requesting that the Planning Commission make a finding either upholding or opposing staff's interpretation regarding the rental status of the subject property. This interpretation will be one of our recommendations in the staff report. Staff has provided an alterative for the applicant should the Planning Commission choose to deny the variance request (see page 7 of the staff report). City Code Section 20-59 establishes conditions for the granting of a variance to use a single- family home as a two-family dwelling. Should the applicant choose to seek such a variance, a separate application must be filed but would provide a legal means for the use of one additional rental unit. ATTACHMENTS 1. Applicable Regulations. 2. Revised Planning Commission Staff Report dated July 18,2006. 3. June 20, 2006 Planning Commission Minutes. g:\plan\2006 planning cases\06-25 veltkamp variance\pc update memorandum.doc The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. APPLICABLE REGULATIONS Chapter 20 Zoning See. 20-28. Board of appeals and adjustments. (a) Board designation. The planning commission shall act as the board of appeals and adjustments. (b) Powers. Pursuant to M.S. ~ 462.357, subd. 6, the board shall have the following powers: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by a city administrative officer in the enforcement of this chapter; (2) To hear requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter; and (3) To grant permits or approvals for appeals authorized under M.S. ~ 462.359. (Ord. No. 80, Art. III, ~ 1, 12-15-86; Ord. No. 131, ~ 1, 7-9-90; Ord. No. 292, ~ 1,4-26- 99; Ord. No. 377, ~ 4, 5-24-04) State law references: Board of appeals and adjustments, M.S. ~ 462.354, subd. 2. City Code Chapter 1 See 1-2 Definitions Dwelling means a building or portion thereof designed, occupied or intended to be occupied exclusively for residential purposes, but not including hotels, motels, nursing homes, travel trailers, motorhomes or bed and breakfast tourist homes. (20) Dwelling unit means one or more rooms which are connected together as a single unit constituting complete, separate and independent living quarters for one or more persons, physically separated from any other room or dwelling unit which may be in the same building and containing permanent cooking, eating, sleeping and sanitary facilities for the exclusive use of a single family maintaining a household. (7)(20) Dwelling, manufactured, also called mobile home, means a factory-built structure which is transportable in one or more sections on its own running gear or chassis, and which is equipped with necessary utility service connections and designed to be used for single- family occupancy with or without a permanent foundation. Such dwellings measure 20 1 feet or more in width and 40 feet or more in length, exclusive of supporting members or hitches. (20) Dwelling, multifamily means a detached building containing three or more dwelling units. Apartment buildings, condominiums, manor homes, quad-duplexes, and cooperatively owned buildings containing three or more dwelling units are multifamily dwellings. (20) Dwelling, residential means any single building consisting of two or less dwelling units with individual kitchen facilities for each. (16) Dwelling, single-family means a building containing one dwelling unit. A) Dwelling, Single-family attached. A residential building containing one dwelling unit, including detached, semi-detached and attached dwellings. B) Dwelling, Single-family detached. One dwelling unit having open space on all four sides. (20) Dwelling, townhouse means a single-family attached dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from the adjoining unit by one or more common fire resistant walls having no openings and extending from the basement to the roof. (20) Dwelling, two-family means a detached building containing two dwelling units. Two- family (attached) dwelling is a type of low density dwelling. (20) ARTICLE VIII. RENTAL DWELLING LICENSES Sec. 10-216. Purpose. It is the purpose of this article to protect the public health, safety and welfare of citizens of the city who have as their place of abode a living unit furnished to them for the payment of a rental charge to another by adopting licensing regulations for all rental dwellings in the city. (Ord. No. 341, S 1, 10-14-02) Sec. 10-217. Definitions. For the purposes of this article, the terms defined in this section shall have the meanings given them as follows: Compliance official. As used in this article, the term "compliance official" shall mean the city manager or his or her designee. Operate. As used in this article, the term "operate" means to charge a rental charge or other form of compensation for the use of a unit in a rental dwelling. 2 Rental dwelling. As used in this article, the term "rental dwelling" shall mean any rental dwelling with one or more living units. "Rental dwelling" does not include hotels, motels, hospitals and homes for aged. (Ord. No. 341, ~ 1, 10-14-02) Cross references: Rules of construction and definitions, ~ 1-2. Sec. 10-218. License required. No person, firm, partnership, corporation or other legal entity shall operate a rental dwelling in the city without first obtaining a license. The license is issued for a two-year period and is valid until the date of expiration. (Ord. No. 341, ~ 1, 10-14-02; Ord. No. 358, ~ 1, 12-8-03) Sec. 10-219. Application for licenses. Applications for licenses shall be made in writing on forms provided by the city and accompanied by the fee amounts as established in Chapter 4 of the Chanhassen City Code. Such application shall be submitted at least 60 days prior to the expiration date of the license, and shall specify the following: (1) Provisional license. Dwellings required to be licensed, which are existing and in operation prior to the effective date of this ordinance, may continue to operate with a provisional license. A provisional license will be issued upon receipt of application and payment of fees. The provisional license shall be valid until a license is issued or it is determined that license requirements have not been met and the city will not issue a license. (2) Name and address of the owner of the rental dwelling. (3) Name and address of any operator or agent actively managing said rental dwelling. (4) Name and address of all partners if the registrant is a partnership. (5) Name and address of all officers of the corporation if the registrant is a corporation. (6) Name and address of the vendee if the rental dwelling is owned or being sold on a contract for deed. (7) Legal address of the rental dwelling. (8) Number and kind of units within the rental dwelling classified as dwelling units, tenement units, or rooming units or other. (9) Name and address of on site operating manager if any. 3 (Ord. No. 341, ~ 1, 10-14-02; Ord. No. 371, ~ 19,4-12-04) Sec. 10-220. Reserved. Editor's note: Ord. No. 371, ~ 20, adopted Apr. 12, 2004, repealed S 10-220, which pertained to execution of license applications and derived from Ord. No. 341, ~ 1, adopted Oct. 14, 2002. Sec. 10-221. License renewal. Notwithstanding the application signature requirements, renewals of the license as required biannually by this Code may be made by filling out the required renewal form furnished by the city manager to the owner, operator or agent of a rental dwelling and mailing said form together with the required registration fee to the city manager. (Ord. No. 341, ~ 1, 10-14-02; Ord. No. 358, S 2, 12-8-03) Sec. 10-222. License fees. Such license fees shall be in the amount established in chapter 4 of this Code. (Ord. No. 341, ~ 1, 10-14-02; Ord. No. 358, S 3, 12-8-03) Sec. 10-223. Posting. Every registrant of a rental dwelling shall post the annual license issued by the city manager. The annual license shall be conspicuously posted (in a frame with a glass covering) by the registrant, in a public corridor, hallway or lobby of the rental dwelling for which they are issued. (Ord. No. 341, S 1, 10-14-02) Sec. 10-224. Maintenance standards. Every rental dwelling shall maintain the standards in chapter 7, Housing Maintenance Code, in addition to any other requirement of the ordinance of the city or special permits issued by the city, or the laws of the State of Minnesota. (Ord. No. 341, S 1, 10-14-02) Cross references: Buildings and building regulations, Ch. 7; property maintenance, SS 7-50--7-89. Sec. 10-225. Revocation or suspension. 4 (a) Every license or permit issued under this article is subject to the right, which is hereby expressly reserved, to suspend or revoke the same should the license holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain rental dwellings contrary to the provisions of this article or any other City Code provision, or any permit issued by the city or the laws of the State of Minnesota. (b) The license may be suspended or revoked by the city council after a written notice is sent to the license holder specifying the ordinance or law violations with which they are charged. This notice shall also specify the date for hearing before the city council, which shall not be less than ten days from the date of the notice. (c) At such hearing before the city council, the license holder or their attorneys may submit and present witnesses on their behalf. (d) After a hearing the city council may suspend or revoke the license if they deem it necessary to protect the public health, safety or general welfare. (Ord. No. 341, S 1, 10-14-02) Sec. 10-226. Summary action. (a) When the condition of the rental dwelling of any license holder or their agent, representative, employee or lessee is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the compliance official shall have the authority to summarily condemn or close off such area of the rental dwelling. (b) Any person aggrieved by a decision of the compliance official to cease business or revoke or suspend the license or permit shall be entitled to appeal to the city council immediately, by filing a notice of appeal. The manager shall schedule a date for hearing before the city council and notify the aggrieved person of the date. (c) The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. (d) The decision of the compliance official shall not be voided by the filing of such appeal. Only after the city council has held its hearing will the decision of the compliance official be affected. (Ord. No. 341, S 1, 10-14-02) Sec. 10-227. Applicable laws. Licenses shall be subject to all of the ordinances of the city and the State of Minnesota relating to rental dwellings; and this article shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. 5 (Ord. No. 341, ~ 1, 10-14-02) Sec. 10-228. Rental dwelling licenses; conduct on licensed premises. It shall be the responsibility of the rental license holder to take appropriate action to prevent conduct by tenants or their guests on the licensed premises which is hereby deemed to be disorderly, in violation of any of the following statutes or ordinances: (1) Minnesota Statutes ~~ 609.75 through 609.76, which prohibit gambling; (2) Minnesota Statutes ~~ 609.321 through 609.324, which prohibit prostitution and acts relating thereto; (3) Minnesota Statutes ~~ 152.01 through 152.025, and 152.027, subd. 1 and 2, which prohibit the unlawful sale or possession of controlled substances; (4) Minnesota Statutes ~ 340A.401, which prohibit the unlawful sale of alcoholic beverages; (5) Chapter 13, Article I of this Code, which prohibit nuisances; (6) Minnesota Statutes ~~ 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and ~ 930 of this code, which prohibit the unlawful possession, transportation, sale or use of a weapon; (7) Minnesota Statutes ~ 609.72, which prohibit disorderly conduct, when the violation disturbs the peace and quiet of the occupants of at least one unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation; (8) Minnesota Statutes ~~ 609.185, 609.19, 609.195, 609.20, and 609.205 which prohibit murder and manslaughter; (9) Minnesota Statutes ~~ 609.221, 609.222, 609.223, and 609.2231 which prohibit assault; (10) Minnesota Statutes ~~ 609.342, 609.343, 609.344, 609.345, and 609.3451 which prohibit criminal sexual conduct; (11) Minnesota Statutes ~~ 609.52 which prohibit theft; (12) Minnesota Statutes ~~ 609.561, 609.562, 609.563, 609.5631, and 609.5632 which prohibit arson; (13) Minnesota Statutes ~ 609.582 which prohibit burglary; (14) Minnesota Statutes ~ 609.595 which prohibit damage to property; and 6 (15) Section 11-2 of the Chanhassen City Code which prohibit the discharge of a firearm. (Ord. No. 341, ~ 1, 10-14-02; Ord. No. 371, ~ 18,4-12-04; Ord. No. 395, ~ 3,5-9-05) Sec. 10-229. Disorderly use violations. (a) Upon determination by the compliance official that a disorderly use violation occurred on the licensed premises, as described in section 10-228 above, the city shall notify the licensee by certified mail of the violation and direct the licensee to take appropriate action to prevent further violations. (b) If a second disorderly use violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant occurs within 12 months of an incident for which the notice in subsection 10-228(1) above was given, the city shall notify the licensee by certified mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written reportshall be submitted to the city within seven days of receipt of the notice (excluding holidays) of disorderly use of the premises. (c) If a third disorderly use violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant occurs within 12 months after the second of any two previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental dwelling license for the unit occupied by the involved tenant shall be suspended by the city council. The initial suspension shall be for up to 60 days. If another disorderly use violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within 12 months after the end of a suspension period, the city council may suspend the rental dwelling license for the unit occupied by the involved tenant for up to 120 days. In lieu of a suspension, the city council may impose a fine equivalent to the rent for the suspension period. (d) It shall not be considered an instance of disorderly use if the tenant is evicted or voluntarily vacates the licensed premises prior to the hearing before the city council and within two full calendar months after the determination by the compliance official that disorderly use has occurred and notice of the determination has been sent to the licensee. (Ord. No. 341, ~ 1, 10-14-02) Sec. 10-230. Multiple suspensions. If the license of more than one dwelling unit in a licensed premises is suspended within 12 months, the period of suspension for the second and subsequent dwelling units 7 licensed that are suspended may be doubled for the suspension period specified in section 10-229. (Ord. No. 341, ~ 1, 10-14-02) CHAPTER 20 ZONING Sec. 20-59. Conditions for Use of Single-Family Dwelling as Two-Family Dwelling. A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be allowed under the following circumstances: (1) There is a demonstrated need based upon disability, age or financial hardship. (2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. (3) Separate utility services are not established (e.g. gas, water, sewer, etc.). (4) The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. (Ord. No. 80, Art. III, ~ 1(3-1-3(3)), 12-15-86) 8 CC DATE: July 19 August 14, 2006 [!] PC DATE: JUR@ 29 July 18, 2006 CITY OF CHANHASSEN REVIEW DEADLINE: July 1 g September 16, 2006 CASE #: 06-25 BY: JM STAFF REPORT PROPOSAL: Request for 22-foot and 15-foot front yard setback Variances for the expansion of the second level of a home with nonconforming setbacks. LOCATION: 6724 Lotus Trail Chanhassen, MN 55317 APPLICANT: Loren Veltkamp 6724 Lotus Trail Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential- Low Density (Net Density Range 1.2 - 4u/Acre) ACREAGE: 0.35 acres DENSITY: NA -< ~ -< ~ ~ ~ ~ 00. SUMMARY OF REQUEST: Request for 22-foot and 15-foot front yard setback Variances for the expansion of the second level of a home with nonconforming setbacks. Staff is recommending approval 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. Location Map Veltkamp Variance Planning Case No. 06-25 6724 Lotus Trail City of Chanhassen SUBJECT PROPERTY lotus lake Veltkamp Variance Planning Case #06-25 }UHtJ 2(; July 18, 2006 Page 2 of7 SUMMARY OF PROPOSAL The applicant is requesting variances to expand a second story of a nonconforming structure. The site is a comer lot located west of Lotus Lake at 6724 Lotus Trail and is zoned Residential Single Family, RSF. Access to the site is gained via Lotus Trail. The existing structure has an 8- foot setback from Lotus Trail and a IS-foot setback from Tamarack Road (paper street). The ordinance requires a 3D-foot setback from all front property lines. The requested addition constitutes the intensification of nonconformity. Section 20-72(a) states, "There shall be no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity." Tamarack Road serves as a pedestrian access to Lotus Lake for the Carver Beach neighborhood. There are no plans for future improvement of Tamarack Road for use as a public street. APPLICABLE REGUA TIONS Sec. 20-72. Nonconforming uses and structures. Sec. 20-615. Lot requirements and setbacks. (6) The setbacks are as follows: a. For front yards, 30 feet. M.S. 462.357 Subd. Ie. Nonconformities (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. Dwelling unit means one or more rooms which are connected together as a single unit constituting complete, separate and independent living quarters for one or more persons, physically separated from any other room or dwelling unit which may be in the same building and containing permanent cooking, eating, sleeping and sanitary facilities for the exclusive use of a single family maintaining a household. Rental dwelling. As used in this article, the term "rental dwelling" shall mean any rental dwelling with one or more living units. Veltkamp Variance Planning Case #06-25 June 2Q July 18,2006 Page 3 0/7 BACKGROUND The subject property is composed of portions of 12 separate lots which were created as part of the Carver Beach subdivision which was recorded in 1927. These lots have been combined under one parcel identification number with Carver County. The home was built in 1927 and has nonconforming setbacks. On June 24, 1991, the City Council approved the combination of three substandard lots into two lots with lot areas of 13,550 and 11,326 (subject property) square feet and to allow the construction of a single-family home on the 13,550 square-foot lot. On February 23, 2006 the roof and majority of the second level of the existing home were destroyed by fire. Chanhassen City Code and Minnesota State Statute permit the reconstruction of nonconforming structures destroyed by fire. As long as the structure is rebuilt as it existed before fire damage, no variance is required. Building Permit History: · Permit #9700952: Garage Addition, Second Level Addition, Front Deck. Approved and issued 7-23-98. · Permit #0201836: Second Level Egress Dormer & Balcony Addition. Approved and issued 9-26-02. These permits were issued in error in that the additions intensify the existing nonconforming 30-foot setback from Tamarack Road. The home contains at least six bedrooms, three bathrooms and three kitchens (there is one bathroom and one kitchen on each level of the home). The kitchen on the second level of the home was installed without permits. The City has become aware that the applicant is renting bedrooms in the home to numerous tenants. The sheriff's report regarding the fire noted that three family units were living in the home for a total of five full-time tenants and one part-time tenant. The City feels the only need for the use of three kitchens is to allow the applicant the ability to rent to as many tenants as possible. Staff has informed the applicant that the kitchen on the second level will not be permitted as part of the home reconstruction. If the applicant is granted the variance for the expansion of the second level, staff is recommending a condition of approval be added stating that the applicant shall be required to obtain a rental license. In addition, the applicant shall comply with City animal regulations and licensing requirements. ANALYSIS The applicant is requesting two front yard setback variances for a second-level addition to an existing home with nonconforming setbacks. The proposed second-level addition is located on a portion of the home which encroaches upon the front yard setbacks of Lotus Trail and Tamarack Veltkamp Variance Planning Case #06-25 }W13 2(} July 18, 2006 Page 4 of7 Road; therefore, two front yard setback variances are required in order to complete the proposed addition. Staff is recommending approval of this request. By recommending approval of the variance request the City will be better able to enforce the City Code through the attachment of conditions approval of the variance. VARIANCES GRANTED WITHIN 500 FEET OF SUBJECT PROPERTY Address Variance File Number Variance 6699 Hopi Road 84-9 17-foot and 30-foot front yard setback variances for the construction of a home and garage addition 6800 Ringo 85-8 12.7-foot front and 6.9-foot rear yard variances Drive for the construction of a single-family home 25-foot front yard setback variance for the 6728 Lotus Trail 86-7 construction of a garage and a 10-foot front yard setback variance for the construction of a deck Combination of three substandard lots into two 6724 Lotus Trail 91-6 lots with lot areas of 13,550 and 11,326 square feet and to allow the construction of a single family home on the 13,550 square foot lot Request for an 8-foot front yard setback and 6724 Lotus Trail 94-7 hard surface coverage variance for the construction of an attached garage DENIED 6711 Hopi Road 97 -12 2-foot side yard setback variance for the construction of a detached garage 5.2-foot side yard, 1.2-foot side yard and 1 % hard 6640 Lotus Trail 98-14 surface coverage variances for the construction of a home addition 6712 Hopi Road 00-3 16.5-foot rear yard setback variance for a garage addition 767 Carver 6-foot front yard setback and 8.33% hard surface Beach Road 03-2 coverage variances for the construction of a single- family home The revised registered land survey submitted as a part of this variance application revealed that the current hard surface coverage on the subject property is 31.29%. The ordinance allows a maximum of 25% coverage in the RSF district. The cause of the nonconforming hard surface Veltkamp Variance Planning Case #06-25 JUlIe 2Q July 18, 2006 Page 5 of7 coverage is expansion of the driveway over the past ten years. This expansion was likely made to accommodate the parking of tenants' vehicles. Staff is recommending the applicant be required to reduce the hard surface coverage of the lot to 25% or less to comply with ordinance. 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 literal enforcement of this chapter allows the applicant to rebuild the home without the need for a variance as it existed before the fire damage. 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. 3. 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 proposed improvements increase the value of the property. 4. That the alleged difficulty or hardship is not a self-created hardship. Finding: The applicant will be able to rebuild the home as it was constructed before the fire damage; therefore, the alleged hardship is self-created. 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 will not 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 structure to the public street. With conditions of approval the City will be better able to enforce the City Code. 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 Veltkamp Variance Planning Case #06-25 }WIZ 2Q July 18,2006 Page 60f7 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 to adjacent property or increase the danger of fire within the neighborhood. RECOMMENDA TION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves the variance for 22-foot and 15-foot front yard setback variances for the expansion of the second level of a home with nonconforming setbacks in the Single Family Residential (RSF) District at 6724 Lotus Trail based on the findings of fact in the staff report and the following: 1. A building permit is required. 2. Application for a building permit must include: a. Building plans and documents of sufficient detail to allow plan review and show compliance with current building codes. b. Given the previous structure's extent of fire damage, such documents must include a structural engineer's evaluation and approval of the re-use of any of the remaining structure or materials. Side-note: A structural engineer did evaluate the remaining structure (see attached report from "Ulteig Engineers"), however, the purpose of their report is only to determine the possibility of rebuilding the structure with a second story over a portion of it. The report contains no specific approvals of any existing materials or assemblies nor any designs for those areas requiring corrective measures (such approvals and designs, by a structural engineer, are required). Further, the report requires any second story to be designed by a structural engineer. c. Structural engineer must design any reconstruction, remediation, repair or augmentation, they consider necessary, of the existing structure. d. A structural engineer's design, opinion, consideration or approval may be required throughout the construction process. 3. Erosion control blanket should be installed on all exposed slopes greater than or equal to 3: 1. All exposed soil areas should have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Veltkamp Variance Planning Case #06-25 lUlU 2Q July 18, 2006 Page 7017 Type of Slope Steeper than 3:1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) 4. Disturbed areas shall have compacted soils ripped or tilled to a depth of greater than 6 inches and should have a minimum of 4" of topsoil or black dirt prior to stabilization. 5. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 6. Construction crews and vehicles shall keep construction waste on site. This includes construction waste in the form of debris, erosion and concrete washout from trucks and tools. 7. The applicant shall be required to obtain a rental license. 8. The applicant must reduce the property's hard surface coverage to 25% or less. 9. The property may have a maximum of four vehicles parked outdoors at all times. 10. The applicant must permanently remove all kitchen and cooking equipment from the second level. 11. A maximum of two licensed dogs may be permitted on the property." Should the Planning Commission choose to deny this request the applicant does have the alternative to apply for a variance to use a single-family dwelling as a two-family dwelling. Should the applicant choose to seek such a variance, a separate application must be filed but would provide a legal means for the use of one additional rental unit. The ordinance regulating the use of a single-family dwelling as a two-family dwelling can be found on page 8 of the "Applicable Regulations" attachment. ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Letter from Loren Veltkamp stamped "Received May 19,2006." 4. Registered Land Survey. 5. Building Plans. 6. Structural Engineer Report by Ulteig Engineers stamped, "Received May 5,2006." 7. Structural Engineer Report by Ulteig Engineers stamped, "Received May 26, 2006." 8. Carver County Sheriff's Report. 9. Public Hearing Notice and Affidavit of Mailing. g:\plan\2006 planning cases\06-25 veltkamp variance\pc staff report update.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION INRE: Application of Loren Veltkamp for 22-foot and IS-foot front yard setback Variances for the expansion of the second level of a home with nonconforming setbacks. Two setback variances will be required because the property is a comer lot. The site is located in the Single-Family Residential (RSF) District - Planning Case No. 06-25. On June 20,2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Loren Veltkamp for 22-foot and IS-foot front yard setback Variances for the expansion of the second level of a home with nonconforming setbacks. Two setback variances will be required because the property is a comer lot. The site is located in the Single-Family Residential (RSF) District at 6724 Lotus Trail. 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: See Attached Register Land Survey. 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 of land is located. I 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 #06-25 Variance dated June 20, 2006, prepared by Josh Metzer, et aI, is incorporated herein. ACTION The Planning Commission approves the request for 22-foot and IS-foot front yard setback Variances for the expansion of the second level of a home with nonconforming setbacks. ADOPTED by the Chanhassen Planning Commission on this 20th day of June, 2006. CHANHASSEN PLANNING COMMISSION BY: Its Chairman g:\plan\2006 planning cases\06-25 veltkamp variance\findings of fact.doc 2 CITY OF CHANHASSEN 7700 Market Boulevard - P.O~ Box 147 Chanhassen, MN 55317 - (952) 227-1100 Planning Case No. OfL; - .J..<)' CITY OF CHANHASSEN RECEIVED DEVELOPMENT REVIEW APPLICATION MAY 1 9 2006 CHANHASSEN PLANNING OEPT PLEASE PRINT Applicant Name and Address: Lt.WA (l~lR~ It r5 [(0 W~ <:::t-- C.l'Q.<:,lr~ MIV Owner Name and Address: '5 2, V\,-f -' Contact: Phone: 44:"~")~c':2, Fax: :S~V\A{- Email: ~"^ c(e,,;;)\I\ (J- ?~r;nr., {RM. Contact: 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) Interim Use Permit (IUP) X Variance (VAR) ~ Non-conforming Use Permit Wetland Alteration Permit (WAP) 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 &Bourids - $450 Minor SUB l4- Subdivision* , TOTAL FEE $ An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies ofthe plans must be submitted, including an 8Y2" 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. SCANNED .. PROJECT NAME: ~724 ~D~S. \\J"~. 0ic O-e-S\--r.J'b-\-L\n,. LOCATION: C2 7 2 4. ~"iU:s \\J'-~. LEGAL DESCRIPTION: 5 F~ TOTAL ACREAGE: 0 WETLANDS PRESENT: YES k NO REQUESTED ZONING: S"F~ ~.)'Me _ PRESENT ZONING: PRESENT LAND USE DESIGNATION: :Sf:'R.... REQUESTED LAND USE DESIGNATION: -S>~ REASON FOR REQUEST: ?r-c: {q- to bULlJ. ~ L~~\;C. ':::>~L-~c5.. {'lovr (,<-A<; \e.,d6 C){ pAr\-\~ \ S~L~ -( \M~ ~ A\s.o l ~ (9 l6 S+lN'~~~ Z<.~ ?'ocdC- \\.~\~ r-~ ~ ~ ~ &-.t'L ~ 3-1' ~i..e..- dv-J-. (9\&- ~\.J-':' ~'b '"2-~~ ~~fJ-e- -\-0 :b~ ~ . (\ O'j }-etJJV\.. L e.., to ~0l"~-~ t!)\b- $,0~ ~o 0l~ 6 \. r~ 0 ~-r).rzc, .c 2>- s-e..o ~ /~. e1 J-'?--\. '\ (0 .- l?. .Ct I) ';) J' '- ~'^- U2..- --C r lM we.. ":> :\ s \- O-Q, ~ v-.4 t= ~ ~ S u:tQ. ( ~~ \ Q.,.~ $ ~ ,-,-<- . This application must be completed in fun and be typewritten or clearly Ptlnted 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 sp~cific 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. <;-.... ~'3> ~ C- Date J;; "2 Y'J-,. Signature of Fee Owner Date (Ug;,,'Ja G:\pLAN\forms\Development Review Application.DOC Rev. 12/05 Variance request for6724 Lotus Trail, Chanhassen. History: Owner Loren Veltkamp has lived in Chanhassen for 15 years and previously doubled the square footage of his home without needing a variance. This request for variance arises from a fIre where the roof and half of the second story was consumed. Now we are left with an opportunity to make changes ifit seems good to do so. This request does not seek to expand owner's buildable foot print by even one foot, Or increase his liveable square footage. It ollly asks that owner be able to use his present building footprint to hold a full second story, instead ofa partial second story, as many, if not most, surrounding homes do. The home in question is a lakeshore home, 80 feet from the water, so it may make more sense to compare it to the other lakeshore type homes on Lotus Lake where it resides and faces these other homes around the north bay. wi-ittenjustifIcation for variance: a. Literal enforcement of existing codes will cause the following hardships: 1. Owners will not have full and regular use of their upper story. Owners will never have full use of the property as owners with more modem setback property do. Owners in older areas that predate city . codes should not suffer for having invested in these older homes. They should be able to build lli; others do. 2. Owners will not be able to heat and cool home efficiently costing the owners tens ofthousands of dollars over the life of the home. This is due to not stacking the living spaces and the storage spaee properly. Without the variance, living and storage spaces are staggered allowing for heating and cooling to escape from six directions instead of the usual four. 3. Owner will not have a convenient floor plan, particularly concerning storage issues over garage. This causes a lot of small problems with personal projects and access to belongs for the rest of the homes existence. Numerous small hassles add up to hardship. 4. Owner will not have access to the best views of the lake from his own property. This is a hardship if you live on a beautiful lake like Lotus. I personally would rather have good views than an attachl~d garage, but to each his own..... 5. Owners will never be able to do the right thing with their home that builders are now telling me to do. 6. The set back from Tamarack road is imaginary and completely unnecessary, as Tamarack has bet:n rendered unusable, but for easements, and soon to be vacated. b. Carver Beach area was built without any codes originally. Imposing modem codes now creates endless and weird problems which these older and innocent properties were never designed to accommodate. Building a regular 2 story house with stacking bathrooms and bedrooms should not require a variance and normally wouldn't except in Carver Beach the anti-plotting capitol ofthe universe. The real problem here is that the city has had so many paper roads on the books that no one back then knew how to build to :;tay out of there way. Carver Beach really needs its own set of codes. As for zoning classifIcations. This is a regular 2nd story on a regular single family home so there is nothing crossing the zoning goals. c. The variance would have never been sought except for the fIre that burned the roof off. Now we should do the best thing for the property and get this behind us. d. Problems were created by fIre and too many paper roads on city books and the shear age of the pro-Jerty dating back to 1926. e. The granting of this variance will hardly be noticed by anyone. We are going from a single story with roofto a 2 story with roof. All of which are behind trees most of the year. Traditional neighborhood views are left about 99% intact. No trees are threatened. f. There is no encroachment in any direction from proposed second story. No light or air issues. No more congestion, no height problems, just a regular type second story on an older rambler. SCANNED FRANK R. CARDARELLE \(612) 941-3031 Land Surveyor Eden Prairie. MN 55344 (!t~t'ttfitatt !Wi ~~~tf~,y , .. , ."'1 ~ . Survey For Loren Ve1tk9m~ 6724 Lotus Trail ._ . . ._., _ C_hl;mbass_en~.. MN.... Book 341. Page 56 File 4922 T, n "oft' --At <0 / / f:,t.... ~~11 ''-11. J. " N II , Sc.t\le 1~30 SurfRce Drainage Arrows ~.. .' . , ; 1 _ &;7..2 J 7 Tot~l Land Area: 15,373 sq.ft. Holts/eArea: 1,875 sq.ft. :" Garage: 6 9G-- e1q. ft. Total 2565 Deck: 822 sq.ft. Driveway:2245 sq.ft. Grand Total Lan~ Cover 5632 sq. ft. 36.6% Description: Lots 1170 through and inclusive of Lot 1178 and ~hatBar~ of Lot 1179 lying Northerly of a line running from the North~est jqorner of said Lot 1179 to a point on the East line 15.0 feet ~~uth ;f!rom the Northeast corner of said Lot 1179; also' that part of the ma;st J{O~. 0 feet of Lot l16~ and all of Lot 1169 lying Northerly of a l~~e r~ppip~ from a point on the East line of said Lot .1169, a distance of /80.0,' (feet South of the Northeast cbrner of said Lot 1169 to a point on~he ~~~t l~ne of the East 10 feet of said Lot 1168 a. distance of 60.0 feet ISoUb~ of the Northwest corner of said East 10 feet of Lot 1168 and ther~ ter~~nating, Carver County, Minnesota. . . . l . . above descr' . If MY on .old hllld. .;: I horeby ~r\lfy 1I1~11I1111o ~ truo cnd \lorTeo! roprolonl.Uon of aourvoy of 1110 boundrlo. of .(,) ~. . 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Q UJ Z Z < o II) ri c D 1'1 '" MO eI ZI'I ~'" CtI!Z 8ts :t III X N I (') ~ U < "" t:i CtI I"- .0 ~ IF' ~ C> M j!: s: Z eI t; '" 1'1 '" ~ Z 0<: '" !:i < CD C> ~ iii N :-r:'--~- ,11Y-05-2006 14:15 -.-" - _// . engineers ", II 1M tire 10" "- rlJfJt , ULTEIG MPLS ~ vc/v - .t:? V( 7635711168 P.02 Ultei MEMORANDUM 5201 E. River Road, Suite 308 Minneapolis, MN 55421-1027 Phone; 763.572.2500 Fax: 763.571.1168 TO: DATE: FROM: NG PROJECT NUMBER: RE: Loren Veltkamp ,..-61-24..Lotus.-Trail"'" Chanhassen, MN, 55317 May 5, 2006 Neil Groon, PE 206.0557 Veltkamp Residence I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State. of Minn~ - t:t. JC7~___ Neil A. Groon, PE Minnesota Registration No. 44774 Date: 05/05/06 At the request of Loren Veltkampl Ulteig was asked to perform a structural engineering mspection of the remaining house structure after a fire damaged the roof, upper, and main floor of the residence located at 6724 Lotus Trail in Chanhassen, MN. The purpose of this memo is to report on the fire damaged areas and determine if !:he house structure can be rebuilt with a second story over the east end. Neil Groon of Ulteig walked through the enUre remaining structure on May 1, 2006, observing exposed elements and those accessible with minimal removal of finished materials, and noted the following items: a. The entire remaining second floor sheathing above the west half of the house is damaged from the fire and water and must be removed and replaced. Also, any other floor sheathing that is damaged by water must be replaced. b. Any wood member including wall studs, beams, floor joists, sill plates, etc. that have more than W' deep penetration of fire damage must be replaced. Some specific instances include, but are not limited to, the south header over the patio doors in the main level, the cantilevered second floor joists over the west exterior wall (over the main level master bedroom), the second floor framing joists around the stair opening, the main level exterior west wall studs and top sill plate below the damaged cantilever joists, and some west exterior wall studs for the upper floor above the garage. c. Other areas requiring corrective measures include cracks in the west block foundation wall, inadequate connection of the deck to the support columns, and verification of grouted cores below the steel beam bearing points in the east wall. It is our professional engineering opinion that all members with W' deep penetration of fire damage must be replaced. It is also determined that an addition may be built over the east half of the existing structure as long as it is reviewed/designed by a structural engineer and that it follows all applicable Codes. The structure may experience new settlements under a new loading configuration which should be accounted for in the layout. Ulteig is available to assist in the design process of rebuilding and adding on to the existing structure, and offer recommendations for corrective measures to the west foundation wall, deck support, and steel beam bearing cases. Please contact me if you have any questions. Thank you. arv OF CHANHASSEN MAY 0 5 2006 Minneapolis, MN. Detroit Lakes, MN. Far?o, ND. Bismarck, NO. Sioux ~RG DEl-'AkIMtNT www.ultelg.com TOTRL P.02 .--- A I Get the Job done right MEMORANDUM 5201 E. River Road, Suite 308 Minneapolis, MN 55421-1027 Phone: 763.571.2500 Fax: 763.571.1168 TO: DATE: FROM: PROJECT NUMBER: RE: Loren Veltkamp 6724 Lotus Trail Chanhassen, MN, 55317 May 26, 2006 Neil Groon, PE 206.0557 ..v~1tkamp Residence I hereby certify that this plan, sp ecification or report was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the law-s of the State ofMinnd!~vt L:?~ Neil A. Groon, PE Minnesota Registration No. 44774 Date: OS/26/06 At the request of Loren Veltkamp, Ulteig was asked to perform a follow-up structural engineering inspection of the remaining house s~cture after replacing fire damaged portions of the residence located at 67~4 LoWs 'Trail in Chanhassen, MN. Neil Groon, PE of Ulteig first visited this site on May 1, 2006, and wrote a memo dated May 5, 2006 listing fire damaged areas and instructed the homeowner to replace members with more than %" deep penetration of fire damage. The purpose of this memo is to ensure that the required members were replaced. Neil Groan, PE of Ulteig walked through the entire remaining structure on May 26, 2006 and noted the following items: A. "'''e :16",4-'" ~~q"le r ,..,.Cr f~ fr<"C h d~t;r > M "}k l"Ie:.r", t~-d t..."Vi'Jt~ -- r..c;~ w~F r<./J(;I,<!:L,( ", r~clI-l'J'l-<~L.f,l. &;,. 'The "'t~ 4'1..,.r . I I, flv r kL f"\l1t kr 'vU(h/#,... p,- ffr4 """i^ {~r~1 w r At.eL p\(r-<t'l"Imn,oitJ h.r..r f";-vtrl-J ~...,..t:lA"t"...,'1t4 ff..Lw~:JJ ......",t( ~~r~ ...rs.k~.J ~ ...,. ,,",;~l. ,,( '-' 1.. .,(/"l. I, ~'l ~ -' '" l- f-l...t. c.... ^ {".l~ ...rr", "" ^ It ;\"'_~ ol\ (. r ~"e-h;f6." . It.... lio.dr.e." t ....~t~ ('1.. ,ol r " (}I.c., l' f'S if A,{ ....... c . i L..l , f....,( .J ? r" IJI ~ k J h.l.,l.L. r t> v( /" H-e _ i'n..,( ,.,..... r;-.... fi.c #oN~..1 J o.N''' It p{ rU f"\4/f...& 17:/',...,.,,1"': }-'\ ~ ~'.I'\ {,-'!v-Lf w.tr~ rt:../J/ltuA /1''''''17.'''- #i.l~t.....~ , ,.' , d. ~..r ~~ 'i-71- ~"e" ~ f...,''W'L/f wtU~ r~ '..aJ ~.. rt:. '1,. ,. e It-J., frY iJ(#lk Q..-LI' +-t...L.. ^,rl!.~....~1- c..''''~(' ot. +l..L ,.""1,,, ~l~.r ".,.e,.~ r<."",~..d I "" ~ r<.'!" rrt..( ~ .c jhL 9fr.."{-...,.....I ...I..."lf' /~~. t. t:;.U !l"k ,'/'- flJ ""ll'#" .tZ{v..... ()vb' fot.L "'" ,.., ~l. "..,.< r< rilL" G-( 1. ! (.. ...^-I. ,J. Lt '-- 4 -II!. . j' rt...t. C....rr-t,.,J LP^.li.f....,. ""f tL c;bl {.,o."",(' A.-e "'.{~1.......k .A.,. . pr"-~((~ /6r~,'j^Q,1 (1-..,(,'''' c,.^4rl(~^ h.. ,.,,;~.,. ~",If ~f".J.$ ..~ ~./-..., 'jr"J-L k~(_r "j~;sft:' PL. SP',..;-CJ if "u....,.,..~1 ff'F fir OF. 1+ if, ,'~ UrMi...,.J +~~ ",/1 7tr....l-~....,-..( I"'-l.....JUrJ ....t'l-t...'lr..r" kl /Jr...~/r,.k~A I I "I 'r .- ~....~,eL,. r; U -.~ r( ,.,,'r~,(. 'r~ ,. ~6_^<r;~ r~S' ';'I~;h/~ ~....t.l~ .d~.:.. If, . ~ f ~"'5.fr..,i;I>" prH-<<,lI. . . CITY OF CHANHASS' EN Please contact me if you have any questions. Thank you. MAY Z 6 2006 Minneapolis, MN . Detroit Lakes, MN . Fargo, NO . Bismarck, rJljJJiINNgl!J&Af-M www.ulteig.com '.' I.n ENT 02/24/2006 15:12 R~ 952 361 1229 CARVER CNTY SHERIFF DEPT 14J 002 , ',., ".. :"CAR":ER "Cq~:NTY SHERIFF'S OF'FIC:E ". . " '" :.'FOIf~OW~,P'REPORT ': . I ICR: 06005422 . Date of Original Report: Incident: Date of This Report: 2-23~06 Residential Fire 2-23-06 Owner: Lawrence Dean V eltkamp,~OB ... Homeowner ofresidentialfire 6724 Lotus Trail, Chauhassen, MN 55317 Address: Phone: RENTER'S MENTIONED: Mentioned: Address: Phone: Kathleen Mary Lindmeyer 6724 Lotus Trail, Chanhassen, MN 55317 unknown Mentioned/Couple: Emory Earl Ames, Jr.. I DOB~ Tracy Lynn Surratt, DOB_ Juvenile Mentioned: (daughter 0 es Su rratt) 6724 Lotus Trail. Chanhassen, MN 55317 Address: Phone: Mentioned: Address Phone: Georgia Kay Tiffany,,- 6724 Lotus Trail, Chanhassen, MN 55317 DETAILS: 1. On 2-23-06 at approximately 1314 hours, Dispatch put out a call in the Chanhassen area of a residential fire in the attic area ofa home at 6724 Lotus Trail. Deputies Jim Gamlin badge #827 and Rian Thiele badge #850 had initially responded to the call as well as Chanhassen CSO Brett Lawler badge #763. Once I realized the address listed to a Lawrence Veltkamp and the fact that it's been. known that there are a number of renters that could possibly be within that residence. I advised Dispatch that I would be assisting as well. While en route to the fire scene, I did advise Dispatch that I observed visible smoke above the trees coming from the vicinity of the Veltkamp residence. 2. I had arrived within a couple minutes of the call which was seconds after the arrival of Deputies Gamli.n and Thiele. I observed Deputy Thiele marking off area fire hydrants I had gone immediately to the residence where I met with a female holding a dog later identified as Kathleen Lindmeyer. Ms. Lindmeyer was shouting that the homeowner was still inside the house. It should be noted that the three-story hOllse upon my arrival had a large amonnt of smoke and visible flames shooting out of the roof area of the third level ofthe home. I then asked Follow-Up Page 1 of 7 02/24/2006 15:13 FAX 952 361 1229 CARVER CNTY SHERIFF DEPT 14]003 " ::.~: ". :~'~CARVER"COUNTY'SHERIFi=IS'.OFFI:CE" .. . .. .'..... ... ":$6LLOW~UP ~EP,q'RT '. .......: .......:. . .... I JCR: 06005422 Ms. Lindmeyer if the homeowner was Lawrence Veltkamp and she confirmed that it was. 3. I then had entered into the residence and found Mr. Veltkamp inside the main front glass door and he was attempting to hook up a black residential type garden hose. I told him that the fire was too big and he needed to get out of the house and he pleaded for my assistance to try to help him get his hose hooked up so he could start to put some water on the fire. I then once again told him we needed to get out of the house. At this point, once the hose was hooked up Mr. Veltkmnp ran up a flight of steps and to the right where I then pursued him. He attempted to utilize the hose but it was later determined that the hose did not work due to the possibility of water being frozen in the hose. When Mr. Yeltkamp was attempting to utilize the hose we were in what appeared to be a kitchen area as I saw a nnmber of kitchen appliances such as a stove, refrigerator, etc. 4. 1 could see that Mr. Veltkamp was standing within feet of a fire up along the center wall. I observed that fire appeared to be rolling along the ceiling area and that some of the cei.ling structure was starting to fall down. It should also be noted at this point that it was hard to breathe and that the smoke had come do\VD. to about four feet above the ground so I had to duck down just to maintain fresher air. I then pleaded for Veltkamp to get out of the house as the fire department was on their way and they would be best suited to fight this fire. 5. We then walked back downstairs where the garden hose was near the front door. I then went to walk outside however Mr. Vettkamp again tried to plead that he wanted to save his house. I then had initially told him that if there was something in the immediate area that he wanted to grab that was important to him, let's grab it and get out At this point, he then took off and I pursued him around the corner and down a hallway to a back office area. He stated he wanted to start hauling some afhis equipment out the window and he wanted my assistance in tossing stuff out. I then advised Mr. Veltkamp that we did not have time for that as the fire was just above us and the mid-level was now starting to .fill with smoke where we were at. I could also hear the crackling of the timber as it was burning. I advised Mr. Veltkamp that if we had time we could put some plastic over the stuff to protect it from the water damage but we didn't have that luxury of time. 6. As we then went to leave the residence, Mr. Veltkamp then stated he wanted to try to find a plastic tarp to put over his computer. At this point, Dale Gregory with the fire department had just entered the front door and yelled for everybody to "Get Out of the House Now!" At this point, 1 advised Mr. Veltkamp that we needed to get out and even the fire department was telling us that we Ca11't stay here at this point. It should be noted that I tried to work the best I could with Mr. Veltkamp. He then agreed and we had exited the home out into the driveway area where I observed that Dale Gregory was on his portable radio trying to get equipment and manpower to the fire scene. Follow-Up Page 2 of 7 02/24/2006 15:13 FAX 952 361 1229 CARVER CNTY SHERIFF DEPT l4i 004 . ','. . ',CARVER":COUNTY, SHERIF.,F',S~:OFFICE' ' ::" J:.bl;LOW~lJP 'REPO,:Rr ", ..... .' ....1. . ~ r. . ..... ..-. . . I feR: 06005422 7. It was then that Mr. Veltkamp who was obviously very upset was yelling, "Where is the water? And Where are the fu-e trucks?.. They need to get here now!" Mr. V eltkamp then pleaded that he needed one specific computer that had a lot of important things to him on it. I advised him that once the fire department got here we would have them go after that computer. I also spoke momentarily 'With Veltkamp to insure that there were no people or pets in the residence. I was told that the only dog that was in the residence was the dog that Ms. Lindmeyer was holding at the end of the driveway. 8. At this point, Mr. Veltkamp yelled out something that I couldn't tell what he was sayi.ng and he bolted running back towards the house. Deputy Thiele and I pursued him and while pursuing him Veltkamp ~abbed a hold ofa gray garbage container and pulled it down in OUT path in an attempt to trip us up. He then had gotten into the front door that had a glass front on it as I had described earlier and he attempted to lock this door. He then pulled an aquarium over as another object to block our path. It was at this point that Deputy Thiele had advised Veltkamp if he didn't stop that he would tase him. Immediately, I thought although I did not have a taser in my possession that this would be a very effective tool in overcoming the resident for his own safety to stop him rather than to physically fight with him within the fire scene so I too yelled out that he needed to stop or he would be tased. It should be noted at this point that the second time that 1 had gone into the residence, in looking up the stairs where I earlier mentioned where the garden hose was and the fire was in the kitchen ar.ea, now the fire was visible from the bottom of the stairs into the living room area as aliI could see was fire rolling along the ceili.ng area and heavy black smoke filling the second floor level. 9. As I pursued Mr. Veltkamp it was obvious that he was going back to that office area. It should be noted that to enter the office area there used to be a stairwell which still existed going to the lower or third level however there was a carpeted board or plywood that was put across covering the stairwell except for maybe a couple feet that was exposed or open along the right side. As I had rounded the comer I had observed that Mr. Veltkamp had either fallen into that hole to the stairwell area or he was trying to evade our capture and was trying to get away from us by crawling down the lower stairwell area. At this point I did not feel comfortable in pursuing Mr. Veltkamp as the fire was just above OUT heads at this point and within the wall next to us. I was uncomfortable also in pursuing Mr. Veltkamp as I did not want to be in a position where I didn't know the layout of the house and I wasn't able to exit. I knew that I could just get around the comer and back out the front door the way we had come in. 10. At this point, both Deputy Thiele and I had exited the house. (personally felt frustration that I had exited the burning house a second time but this time not with the homeowner with me. I was contemplating put a call out on my radio to the . fire department with the urgency that they needed to wear their air packs because Follow-Up Page 3 of 7 02/24/2006 15:13 FAX 952 361 1229 CARVER CNTY SHERIFF DEPT 141005 C~RVER 'COUNTY' SHERIFF'$ ':OFF,ICE" : F01;~OW~~:JP"~Ep.O:Rr ' '" ......: I ICR: 06005422 r had a homeowner that was ve,ry reluctant to leave his home. Before I could get this message out to the fire department I heard Mr. Veltkamp's voice outside on the lower third level say "Hey guys, Pm outside of the house, I'm down here". It was at this point that I advised Mr. Ve1tkamp that he could very well be charged with some type of an obstructing charge at this point for jeopardizing people lives to include his own by running back in that house. I then put handcuffs on Mr. Veltkamp and told him that due to his emotional state he was going to be placed in the rear of a squad car. I then placed him in the rear of Deputy GamIin's squad. At this point with the fact that Mr. Veltkamp was safely secured and the fact that everyone else was out of the house we could focus our attention on getting fire personnel as well as other l;'esourccs quickly to the fire scene. 11. While the fire department hooked up their equipment and started to fight the frre I then contacted my supervisor Sergeant Jim Olson badge #818 and relayed to him what was taking place within the city of Chanhassen. I also made a phone call to the on-duty road sergeant Dave Potts badge #819 as well as to the ChiefDeputy Bob Vandenbroeke at the office. 12. 'When I spoke with Deputy Potts, I requested that he come routine to the scene. I advised him what had taken place with the homeowner. Once Sergeant Potts had ani.ved on scene and within a half hour to an hour's time that Mr. Veltkamp was secured in the back of the squad, I advised Sergeant Potts that I wanted to attempt to speak with Mr. Veltkamp to see ifhe was calmed down because I preferred to have released him from the handcuffs and from the squad as long as he agreed not to interfere with the fire fighting efforts and wouldn't make an attempt at going back into the residence. This was in fact done and he was promptly removed from the squad. At this point although being obviously upset that his house was burning he was very understanding with the fact that we needed to get him out of the house because he presented a danger to himself and to the officers for having to pursue him into the house. 13. While he was outsideofthe squad we then learned that there was possibly another dog and two cats belonging to a renter within the house. This information was promptly relayed to Fire and they were able to remove a dog and a large green kennel as well as a cat. At the time of this report later there is still a second cat missing. It should be noted that the dog and cat that were rescued were transported by CSO Lawler to be checked for smoke inhalation and they are owned by Georgia Tiffany. 14. 'While speaking with Mr. Veltkamp> I learned that he had some frustration when he tried to call 911. He stated that he had some phone company service through, 1 believe, V onage which I understood was something to do with an internet service. He stated that it took some delay in him getting the message out to the fIre department. Because of the fIre apparently he had to relay information to these people who which ill turn then apparently called the fire department. In asking J=:ollow.Up Page 4 of 7 02/24/2006 15:13 FAX 952 361 1229 CARVER CNTY SHERIFF DEPT l4J 006 '.". :...... .CA~VER COUNTYSf,iERIFf':S OFFICE' :....... ':>.. :'..: . ".' , FOLLOW-ljPtREPORT .. ;" ':.,;, '..,: . I ICR: 06005422 Mr. Veltkamp about the fire and how it may have started, he stated that in the lower third level he had a fire burning in a fireplace that had a Class A chimney going out through the roof. He stated that he was burning some old oak that may have been wet. He stated that he thought the chimney had gotten hot up in the roof area or the attic area. 15. It was my understanding in speaking with Deputy Garnlin that Mr. Veltkamp was home alone at the time but when renter Kathleen Lindmeyer came home she noted the fire alarms sounding and smoke in the residence and she contacted Mr. Veltkamp. Mr. Veltkamp stated that this was after he had been notified by the renter this was when he attempted to take a hose from the lower level and started the water to flow and placed the end of the hose inside of the wood burning stove to try to put the fire out on the bottom end. At the same time he was attempting to hook up another garden hose to in his opinion poke a hole up threugh the ceiling to. spray water up into. the roof area. 16. 'While on scene, 1 was approached by a male and female who were carrying a child I believe less than. one year-old. I identified them as renters Tracy Surratt and Emory Ames along with their I learned that they had left at 10:30 am. or 10:45 a.m. and were merely returning home at this time to get some things done before they went to. their afternoon or evening jobs when they noted that the house that they rent within was on fire. r advised the couple that it was best fer them to stay warm in their car and that it would be some time before they could obviously re-enter the house and gather any of their possessions and the fact that it probably wouldn't occur on today's date. They did ask some questions about whether or not as renters if any of their items were covered by the homeowner's insurance as they stated that they did not have renter's insurance themselves. I teld them that I did not have an answer for their question. 17. While on scene besides the Chanhassen Fire Department I noted fOUT other fire departments were assisting they were from Eden Prairie> Chaska> Victoria, and Excelsior. 18. It was about 1420 hours that I had spoke briefly with one afthe fire persennel and told them that I was going to. put a call in through Dispatch to Red Cross due to. the fact that we had five adults including the homeowner and a baby that would most likely need some emergency assistance. It was later at 1505 hours that Red Cross workers Bill Standke and Virginia Standke had arrived en scene and started to speak with the homeowner Lawrence Veltkamp as well as the renter present Kathleen Ljndmeyer. A third unknown named Red Cross worker had eventually arrived on scene and I learned from her that she had contact with Tracy Surratt and her boyfriend Emory Ames and they and their baby were safe at a friend's house and they were laId to stay there until this Red Cross worker would come out and meet with them personally. Follow-Up Page 5 of 7 UZIZ4/ZUU~ 15:1J PAX 952 361 1229 CARVER CNTY SHERIFF DEPT f4] 007 ~.'. '",. ..... . . . ;,:-",;,. '~~~VE~'~~UNTY:.'SI1~RI~F~$, ,OFFICE " ';.",":' ;",:.': ,', "FO":L"O'.W. l.lp'R':~'PO. .R.T ': 'f' ...... ":. " 1;.:.,. : .U". .~ ',." . ... .. . . . , . ~ . . " . . .'~ I.. . '. .. ,-- I ICR: 06005422 19. With the assistance of the Chanhassen CSO Brett Lawler, we had obtained information off of the dog tag about the oV\lller of the animals Georgia Tiffany. We had trouble trying to locate her as Lawrence Veltlcamp and the other renters did not lmow much about her and where she worked. I was able to speak with her mother at a phone number through the dog tags and learned that her daughter worked at Pro-Tech in Chanbassen. I ,was then able to get a hold of Ms. Tiffany and advised her that there had been a fire at her rental property and that we were able to rescue a dog and a cat however one cat was stjlJ missing. I then requested that she come to the scene so that she could meet with the Red Cross workers which she did in fact do. 20. While on scene, it should be noted that Larry Baer from the Chauhassen Villager who also assists the Chanhassen Fire Department with photos was on scene and I had given him permission to shoot as many photos as he could from a safe distance from all angles ofthe residence as the firefighters attempted to put the fire out. He later advised me that any photos would be available after a couple of days from him which I in fact thanked him for taking the photos. 21. Eventually while on location 1 spoke with Sergeant Dave Potts and he asked if! would stay on scene until the fire department cleared. It should be noted that, although understandable, Mr. Veltkamp attempted to cross under the yellow tape on a couple of occasions as he wanted to gain entry into his residence while fIre personnel was still putting out some hotspots and while Investigators were investigating the source of the fire. I along with Detective Pat Mtuphy asked that he please assist with staying out of the danger zone by not entering his home. 22. Investigators on scene were Detective Pat Murphy badge #859, Detective Jolm Bramwell badge #867 as well as Chanhassen Fire Marshals Mark Litfin and Ed Coppersmith. 23. Numerous media representatives had anived on scene and they were directed to contact our office to speak with ChiefDeputy Bob Vandenbroeke for any press release information. I did assist the media by going through the Assistant Chanhassen Fire Chief Randy Wahl to find a spokesperson from the fire department to speak with the media personnel that were waiting on scene for a statement. Chanhassen Fire Marshal Mark Litfin was then assigned to speak with the media. 24. In conclusion, I then remained on scene for security until approximately 1830 hours when the last of the fire personnel and Investigators had left the scene with the house perimeter secured merely with yellow Sheriffs crime scene tape. Prior. to our leaving, Detective Murphy did request that Mr. Veltkamp who was still on scene not enter into the home for safety's sake until tomorrow's date and then he should enter with preferably a representative with his insurance company. Follow-Up Page 6 of 7 02/24/2006 15:14 FAX 952 361 1229 CARVER CNTY SHERIFF DEPT [4J 008 : .:::.~ . . """ . CARVER' COUNTY SHERIFF'S 'OFFICE ,-, : :' ::FClLLOW-UP R.EPORT . ' . I ICR: 06005422 ... . ..... ..... .. "..,. ., 25. This should end this report at this time with no further information. Evidence Type / Location: None End of Report Deputy Keith Walgrave #841 2-24-06 jdc Follow-Up Page 7 of 7 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 Loren Veltkamp Variance - Planning Case 06-25 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. ft~ Subscribed and swqrn to before me this ~-\-h day of c..Ju(\-€... , 2006. ~l~ T.~~ Notary Publi I..).~...,!.^ I r ~""~ KIM T. 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This map is a compilation of records, infonmatlon 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 Infonmation 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 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, infonmation 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 Infonmation 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 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. THEODORE J KOL TES & JOHN E LONGSTREET 6630 MOHAWK DR CHANHASSEN . MN 55317 -9553 STATE OF MINNESOTA IN TRUST C/O CARVER COUNTY AUDITOR 600 4TH ST E CHASKA. MN 55318 -2102 MARTHA NYGREN 6650 LOTUS TRL CHANHASSEN . MN 55317 -9575 KEITH J & PATRICIA F GUNDERSON 6661 MOHAWK DR CHANHASSEN . MN 55317 -9546 CHRIS J & CYNTHIA K ANDERSON 6680 LOTUS TRL CHANHASSEN. MN 55317 -9575 DONALD & SIGFRID SENNES 6680 MOHAWK DR CHANHASSEN. MN 55317 -9546 MATTHEW J TIBBETTS & ELIZABETH J TIBBETTS 6699 MOHAWK DR CHANHASSEN . MN 55317 -9546 BRUCE ROBERT JOHANSSON 6701 MOHAWK DR CHANHASSEN . MN 55317 -9431 STEVEN K OIEN 6780 LOTUS TRL CHANHASSEN . MN 55317 -8573 MICHAEL F & BARBARA A COYLE 757 CARVER BEACH RD CHANHASSEN . MN 55317 -9422 GERMAN 0 SEGURA-GOMEZ 750 CARVER BEACH RD CHANHASSEN . MN 55317 -9422 STEVEN K & BONNIE JO OIEN 6780 LOTUS TRL CHANHASSEN . MN 55317 -8573 KIRSTEN ANNE PAULY 751 CARVER BEACH RD CHANHASSEN . MN 55317 -9422 ROYAL & DORIS MARTIN TRUSTEES OF TRUST 6650 PAWNEE DR CHANHASSEN . MN 55317 -9430 JOAN L WRIGHT 6640 LOTUS TRL CHANHASSEN . MN 55317 -9536 ERIC J MEESTER 6610 MOHAWK DR CHANHASSEN . MN 55317 -9553 SCOTT V ISAACSON 6640 MOHAWK DR CHANHASSEN. MN 55317 -9546 JAMES & CONSTANCE BOESHANS 6651 PAWNEE DR CHANHASSEN . MN 55317 -9530 LEONID SILlNKER & DIANE SEYMOUR 6687 DEERWOOD DR CHANHASSEN . MN 55317 -9425 MARK & AMY SENNES 6689 PAWNEE DR CHANHASSEN . MN 55317 -9430 RUTH E LUNDE 6721 HOPI RD CHANHASSEN . MN 55317 -9427 FEDERAL NATL MTGE ASSN ONE S WACKER DR SUITE 3100 CHICAGO. IL 60606 -4696 LARRY L & MARY E BARRETT 6741 HOPI RD CHANHASSEN . MN 55317 -9427 TIMOTHY C & LORNA L GORNY 800 CARVER BEACH RD CHANHASSEN. MN 55317 -9432 JONAS C & EMILY S STARITA 6728 LOTUS TRL CHANHASSEN . MN 55317 -8573 ELIZABETH A WALL TRUSTEE OF E A WALL TRUST PO BOX 1299 JULIAN. CA 92036 -1299 STANLEY ROBERT CRONISTER 6730 LOTUS TRL CHANHASSEN . MN 55317 -8573 MELVIN G HERRMANN 795 CARVER BEACH RD CHANHASSEN . MN 55317 -9422 JACOB D & ELIZABETH G WOESE 777 CARVER BEACH RD CHANHASSEN . MN 55317 -9422 JEFFERY A KING & JODY COLLIS KING 767 CARVER BEACH RD CHANHASSEN . MN 55317 -9422 DENNIS D KRUMSIEG 760 CREE DR CHANHASSEN . MN 55317 -9464 MIKE BUENTING & SHANNON WAGGONER 6800 RINGO DR CHANHASSEN . MN 55317 -9558 GILBERT W & SHERRY L SIEVERS 746 CARVER BEACH RD CHANHASSEN. MN 55317 -9422 CARVER BEACH PROPERTIES CIO ADRIAN JOHNSON 332 2ND ST EXCELSIOR. MN 55331 -1806 DANIEL T RUTLEDGE 6711 HOPI RD CHANHASSEN , MN 55317 -9427 WILLIAM HARLEY WOLFE & SHARON BETH HANSON 6699 HOPI RD CHANHASSEN , MN 55317 .9426 BRUCE R JOHANSSON 6711 MOHAWK DR CHANHASSEN . MN 55317 -9431 MICHAEL A & ROBBIE WOITALLA 6712 HOPI RD CHANHASSEN . MN 55317 .9427 ERNEST F PIVEC 5060 MEADVILLE ST EXCELSIOR. MN 55331 .8788 GREGORY J CARLSON & KATHLEEN M NYGAARD 760 CARVER BEACH RD CHANHASSEN. MN 55317 .9422 MARTIN P & AMY E JENSEN 770 CREE DR CHANHASSEN. MN 55317.9464 GERALYN J HAYDEN 749 CARVER BEACH RD CHANHASSEN , MN 55317 -9422 Public Hearing Notification Area (500 feet) V eltkamp Variance Planning Case No. 06-25 6724 Lotus Trail City of Chanhassen CITY OF CHANHASSEN AFFIDA VIT 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 July 6, 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 Loren Veltkamp Variance - Planning Case 06-25 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 sw~ to before me this ~ day of ~u.. kJ , 2006. I \ .i'. KIM 1. MEUWISSEN ) .)~ Notary Public-Minnesota . .-/$ .. 2010 < .........../..~ My Commission Expires Jan 31, _III' C) c ;:; Cl) Cl) :r: C)5 c.- .- Ul ... 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",""Lake 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 piease contact 952-227-11 07. 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 expressiy 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. "'""Lake 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 ~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 use~s access or use of data provided. THEODORE J KOLTES & JOHN E LONGSTREET 6630 MOHAWK DR CHANHASSEN , MN 55317 -9553 STATE OF MINNESOTA IN TRUST C/O CARVER COUNTY AUDITOR 600 4TH ST E CHASKA, MN 55318 -2102 MARTHA NYGREN 6650 LOTUS TRL CHANHASSEN , MN 55317 -9575 KEITH J & PATRICIA F GUNDERSON 6661 MOHAWK DR CHANHASSEN , MN 55317 -9546 CHRIS J & CYNTHIA K ANDERSON 6680 LOTUS TRL CHANHASSEN . MN 55317 -9575 DONALD & SIGFRID SENNES 6680 MOHAWK DR CHANHASSEN , MN 55317 -9546 MATTHEW J TIBBETTS & ELIZABETH J TIBBETTS 6699 MOHAWK DR CHANHASSEN , MN 55317 -9546 BRUCE ROBERT JOHANSSON 6701 MOHAWK DR CHANHASSEN , MN 55317 -9431 STEVEN K OIEN 6780 LOTUS TRL CHANHASSEN , MN 55317 -8573 MICHAEL F & BARBARA A COYLE 757 CARVER BEACH RD CHANHASSEN. MN 55317 -9422 GERMAN 0 SEGURA-GOMEZ 750 CARVER BEACH RD CHANHASSEN . MN 55317 -9422 STEVEN K & BONNIE JO OIEN 6780 LOTUS TRL CHANHASSEN . MN 55317 .8573 KIRSTEN ANNE PAULY 751 CARVER BEACH RD CHANHASSEN . MN 55317 -9422 ROYAL & DORIS MARTIN TRUSTEES OF TRUST 6650 PAWNEE DR CHANHASSEN . MN 55317 -9430 JOAN L WRIGHT 6640 LOTUS TRL CHANHASSEN. MN 55317 -9536 ERIC J MEESTER 6610 MOHAWK DR CHANHASSEN , MN 55317 -9553 SCOTT V ISAACSON 6640 MOHAWK DR CHANHASSEN, MN 55317 -9546 JAMES & CONSTANCE BOESHANS 6651 PAWNEE DR CHANHASSEN , MN 55317 -9530 LEONID SILlNKER & DIANE SEYMOUR 6687 DEERWOOD DR CHANHASSEN , MN 55317 -9425 MARK & AMY SENNES 6689 PAWNEE DR CHANHASSEN, MN 55317 -9430 RUTH E LUNDE 6721 HOPI RD CHANHASSEN . MN 55317 -9427 FEDERAL NATL MTGE ASSN ONE S WACKER DR SUITE 3100 CHICAGO, IL 60606 -4696 LARRY L & MARY E BARRETT 6741 HOPI RD CHANHASSEN . MN 55317 -9427 TIMOTHY C & LORNA L GORNY 800 CARVER BEACH RD CHANHASSEN. MN 55317 -9432 JONAS C & EMILY S STAR ITA 6728 LOTUS TRL CHANHASSEN . MN 55317 -8573 ELIZABETH A WALL TRUSTEE OF E A WALL TRUST PO BOX 1299 JULIAN, CA 92036 -1299 STANLEY ROBERT CRONISTER 6730 LOTUS TRL CHANHASSEN , MN 55317 -8573 MELVIN G HERRMANN 795 CARVER BEACH RD CHANHASSEN . MN 55317 -9422 JACOB 0 & ELIZABETH G WOESE 777 CARVER BEACH RD CHANHASSEN . MN 55317 .9422 JEFFERY A KING & JODY COLLIS KING 767 CARVER BEACH RD CHANHASSEN . MN 55317 -9422 DENNIS D KRUMSIEG 760 CREE DR CHANHASSEN . MN 55317 -9464 MIKE BUENTING & SHANNON WAGGONER 6800 RINGO DR CHANHASSEN . MN 55317 -9558 GILBERT W & SHERRY L SIEVERS 746 CARVER BEACH RD CHANHASSEN . MN 55317 -9422 CARVER BEACH PROPERTIES C/O ADRIAN JOHNSON 332 2ND ST EXCELSIOR. MN 55331 -1806 DANIEL T RUTLEDGE 6711 HOPI RD CHANHASSEN. MN 55317 -9427 WILLIAM HARLEY WOLFE & SHARON BETH HANSON 6699 HOPI RD CHANHASSEN . MN 55317 -9426 BRUCE R JOHANSSON 6711 MOHAWK DR CHANHASSEN. MN 55317 -9431 MICHAEL A & ROBBIE WOITALLA 6712 HOPI RD CHANHASSEN . MN 55317 -9427 ERNEST F PIVEC 5060 MEADVILLE ST EXCELSIOR. MN 55331 -8788 GREGORY J CARLSON & KATHLEEN M NYGAARD 760 CARVER BEACH RD CHANHASSEN. MN 55317 -9422 MARTIN P & AMY E JENSEN 770 CREE DR CHANHASSEN . MN 55317 -9464 GERALYN J HAYDEN 749 CARVER BEACH RD CHANHASSEN . MN 55317 -9422 Public Hearing Notification Area (500 feet) V eltkamp Variance Planning Case No. 06-25 6724 Lotus Trail City of Chanhassen Planning Commission Meeting - June 20, 2006 Larson: I'll give it a shot. Planning Commission, staff. Okay is this what I'm supposed to read? Planning Commission, the staff recommends that the Planning Commission adopt the following motion. The Planning Commission denies the variance for a 22 foot yard setback for an existing four stall garage and relief from the 1,000 square foot detached access structure restriction in a single family residential district at 3891 West 62nd Street based on the findings of fact in the staff report and the following, 1 through 3. Planning Commission orders the applicant to demolish and permanently remove three storage buildings. That's it? Okay. McDonald: Do I have a second? Keefe: Second. Larson moved, Keefe seconded that 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 non-conforming 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. All voted in favor and the motion carried unanimously with a vote of 6 to O. McDonald: What I need to tell the applicant is that you have the ability to appeal. Please don't forget this time.. .and good luck. Thank you. PUBLIC HEARING: LOREN VEL TKAMP: VARIANCE REQUEST FOR RELIEF FROM 30 FOOT FRONT YARD SETBACK REQUIREMENT FOR THE EXPANSION OF SECOND LEVEL OF HOME WITH NON-CONFORMING SETBACKS. TWO SETBACK VARIANCES WILL BE REQUIRED BECAUSE THE PROPERTY IS A CORNER LOT. THE SITE IS LOCA TED IN THE SINGLE F AMIL Y RESIDENTIAL (RSF) DISTRICT AT 6724 LOTUS TRAIL. PLANNING CASE 06-25. 60 Planning Commission Meeting - June 20, 2006 Public Present: Name Address Sig & Don Sennes Pat & Keith Gunderson Jeff King Bruce Johansson Jim Boeshans Mike Henderson Shelly Berg 6680 Mohawk Drive 6661 Mohawk Drive 767 Carver Beach Road 6701 Mohawk Drive 6651 Pawnee Drive 6701 Mohawk Drive 6701 Mohawk Drive Josh Metzer presented the staff report on this item. McDonald: Before you go on there, I've got a question. If you're saying that he was renting, what's the City's position on that? If this is rental property with apartments within it, what's the code? Is he supposed to have a license? Generous: He would need a rental license. McDonald: And at this point he does not have one. Metzer: Correct. McDonald: And I take it that is in dispute between the City and the applicant as to whether or not he was renting. Metzer: Correct. Staff is however recommending approval of the request. We feel that by recommending approval of this variance we'll be able to better enforce ordinances on the property. And so we have some conditions of approval attached in the staff report and I'd be happy to answer any questions you have. McDonald: Dan. Keefe: Can you explain how granting a variance will help to be able to enforce? Metzer: It's mainly the condition that they'd be required to get a rental license. Kind of allow us to restrict parking in the area. Things like that. Keefe: And so, you can't do that without getting the variance? Metzer: From what we've been told, no. It was just. Keefe: It was just conditions of approval, conditions of approval for reconstruction? For expanSIOn. 61 Planning Commission Meeting - June 20, 2006 Metzer: Of the second level. Keefe: Would incorporate certain conditions which would restrict the use of the building. Metzer: Right, and would not allow the kitchen on the second level. Restrict it to two kitchens with the home. Keefe: And the City cannot control the uses in the building without? Metzer: Without that condition of approval, right. Keefe: Okay. Dillon: What's the status of the building today? Metzer: They have received a permit to rebuild what they had, without the proposed addition. So they're in the process of re-building the roof right now. Dillon: Is it inhabited? Metzer: I don't believe so. It shouldn't be. McDonald: Debbie. Kurt. Papke: Yeah, I've got a couple. On page 3 of the staff report, you mentioned that in the building permit history here there were two building permits issued and that they were issued in error. Could you shed some light on that? What was? Metzer: It was basically, there must have been confusion on the setback to the north, that paper street. Requires a 30 foot setback. My only guess is that, whichever staff members approved the permits were under the impression that it was a 10 foot setback to that. Papke: Okay. The other question was, we're attaching a couple conditions here and Ijust want to make sure I'm clear how they line up with city code. So the hard surface coverage is clear. Four vehicles parked outdoors at all times. Where does that, is this part of city code for rental property? For single family residential. Where does that, how does that line up with city code. Metzer: It was my understanding that you know it's the intention but not to allow the property to become you know a humongous rental property. And it was thought that by limiting the number of vehicles you park in the driveway. Papke: Is there a limit for residential single family? Metzer: There's not. Papke: Okay. And how about, the same question about the two licensed dogs. 62 Planning Commission Meeting - June 20,2006 Metzer: It's just to make sure that. Papke: Is there a restriction for residential single family for how many dogs you can have without a kennel permit? Metzer: Yes. Papke: What is it? Generous: If you have more than 2. Papke: More than 2, okay. So this one is basically in keeping with city code whereas the number of parked cars there we're actually restricting the applicant to something tighter than existing city code for residential single family. With sort of the tacit assumption that it's rental property and okay. Got it. McDonald: I have a question for you. Okay, this is a non-conforming use and to approve this we're going to intensify a non-conforming use. And the reason we want to do that is that we're able to put some restrictions on his use. Papke: Correct. McDonald: Whereas if we denied this and said that what he's allowed to do by law is to replace what was currently there, then he doesn't get the second story addition. And then we're back to okay, no rental license but can't city code enforce that if he is renting without a license? Metzer: Well part of it was the. McDonald: You'll get your opportunity sir. We're just asking questions. Metzer: Part of it was the sheriff's report that was taken when the home was burnt down. Tenants... stating that they were renting. Sheriff's report said that there was at least three family units living there. McDonald: Three kitchens, that would make sense. Metzer: So, and as we were going with, by doing this we can disallow a third kitchen. We can restrict parking space, or number of parked vehicles. Which in turn would I believe restrict number of renters. Papke: How are we normally, kind of a follow up question. How would we, if in normal circumstance we found that someone was renting out, you know most of their house to, as rental units. How would we normally get compliance for a rental license? How would we normally enforce that under those circumstances? 63 Planning Commission Meeting - June 20, 2006 Metzer: I'm not totally familiar with it. Generous: It's through the building department. They have a rental license inspection requirement and licensing requirement, so they would go in and determine that the units complied with all building and safety code. Papke: And how would we determine that indeed this was a rental property? Generous: Through investigation. Either the applicant admits that they're renting the property or the tenant admits that they're renting the property. Or you know we see an advertisement in the paper, things like that. If someone can say no, I don't. These are my roommates and, then the issue becomes how do you disprove that because the burden of proof is on the city. Papke: Okay. Larson: Is it, the gentleman that was here before when they had the rental for the care keeper for his daughter. I somehow remember there was something that there is a restriction on how many people can rent in a certain. Metzer: That was for use of a single family home as a two family home. Larson: Okay. So this is a completely different? Generous: Right. Larson: It's a single family home rented by several family units... Metzer: Rent is allowed as long as a rental license is you know in place and is applied for. Larson: Okay. So there's no restriction on the amount of family units that can be within a single building? Generous: Theoretically. Larson: Okay. McDonald: Okay, I guess the problem I'm having with all of this is that, we've got a non- conforming use. We just had a non-conforming use case. We turned that down because of the way the code and everything is written. Now you're coming before us, you're asking us to approve something that we just turned down and I'm at a loss to see what the advantage is because again, you know we just went through all this with Mr. Carlson about what he's offering to do and the compromises, back and forth. I don't see yet why I should do this. I haven't heard anything actually from staff that would convince me, and that's what I'm looking for. Why are you in favor of this? Metzer: It's like we said, the requirement of the rental license. 64 Planning Commission Meeting - June 20, 2006 McDonald: Okay but again you have city code to do that. You can enforce that. I understand the problem of yes, the burden of proof is upon the city but I mean at some point it would seem pretty easy to prove that if you have so many people going in and out, they all can't be living there for free. I'm just, I'm at a loss. You've got to help me here to show where we're really getting an advantage here. Dillon: Yeah, if you take the rental thing off the table, would you say to approve this? Given your recommendation on the previous two variances. Metzer: Just allowing the kitchen on the third level and restrict the number of parking spaces. The number of parked vehicles outside. And that was part of the reason that the driveway became so large we believe is to allow for parking spaces. Larson: So you'd allow two kitchens, but not three? Metzer: Right. McDonald: Well if he rebuilds though, does he get to go back to three kitchens and the wide driveway? I mean if we don't approve this. He is allowed to rebuild the non-conforming because of the fire. Does he get the three kitchens back and the driveway if we were to disallow this? Metzer: Well he doesn't get the driveway, no. I mean he doesn't get the 25%. He has to reduce 25%. Part of that was the reason the driveway became so big we believe is because of the parking spaces. They need parking spaces. McDonald: Okay, and again the third kitchen was built without permits, so wouldn't he have to get permits to build a kitchen if he wanted to, even if it's non-conforming, it was there before, it was there illegally. Metzer: Right. Generous: It depends. McDonald: Okay, so he would still be limited to two kitchens. Metzer: Right. McDonald: Okay. I'm having trouble seeing where if we disallow it, we're gaining anything but, are you the applicant sir? Loren Veltkamp: Yes I am. McDonald: Why don't you come forward and you can, I'll give you your turn and then we'll ask you questions. 65 Planning Commission Meeting - June 20, 2006 Loren Veltkamp: I can clarify a lot of this very quickly. These issues came up about 5 years ago when I started to work on this house and we did spend a lot of time. Oh, my name is Loren Veltkamp. 6724 Lotus Trail. I've lived there for about 15 years and during the time I've added a lot to the house. And I did this all without a variance and after my divorce I was deemed handicapped by the court and I was not able to make a regular living due to certain problems. But anyway I resorted to renting my home out and we got into this with the city over a long period of time and it, this was before Josh was hired by the City, and we went through it with a number of people and it went all the way up to the city attorney and I eventually got a letter from the city attorney saying that I did not have rental units. And this is what I said from the beginning, you know I have a single family home. It's a very nice home, and I don't want rental units. I don't want to have apartments or a triplex or a duplex or anything like that. I've never set out to do this, and the problem we got into was that the code defining what an apartment is, is a little vague. You know it says if you have 5 particular amenities, like cooking. A place to eat, sleeping, a bathroom and a living space, those 5 things, then you have an apartment. Okay, but it also says you have to have a separate unit, okay, and that's where it was determined that I did not have apartments because they were not separate okay, and that there was no door between them. There was certainly no locking door, so it never became a definable, rentable space. And it's confusing, I was very confused about this for a long time, and I ended up writing an 8 page letter to City Council about this, which I believe they still have and you can look at it. I call these, instead of a rental unit, I called it a mila which stood for mother-in-law apartment. And that's what I thought I was building was just mother-in-law apartments that extended families could use in the future, and roommates can use today. And so that's what I set out to build and the kitchen for example, I did get, I didn't exactly get a permit to build a kitchen but I included the kitchen on my plan and because I put a bathroom up there, the kitchen was included under the plumbing permit. And the kitchen was thoroughly inspected and approved and my house was visited 5 times on 5 separate occasions by city inspectors. Five different times now they went through my house from top to bottom to determine that there were not apartments in this building. And that's exactly what I wanted from the beginning. I don't want apartments, but I needed to have people live with me in order to afford the house because Ijust, there's just no way I can stay there. So I think maybe they cut me some slack you know because of the handicap thing. I'm thinking that's what they might have done. And I did have trouble you know when I built the house writing in the plans you know, I changed the plans as I went. They started off just building a garage and then I got up on top of the garage and I said this is really nice living space so I built a room up there. And then I extended it into the house and then I put in a bathroom and it was all done kind of piecemeal, and I changed the windows three times and I did this over a number of years, which is why the records and I submitted hand drawings on some of the stuff and I believe some of it was lost. You know some of it was just misplaced, but in the end everything I did was you know rigorously inspected and I had all the paperwork for that. I pulled all the necessary permits and even the city attorney spent a great deal of time looking into this. And it is a complicated issue. You know the difference between an apartment and having roommates, and especially when you have the five amenities but you don't have significant separation of the units. So I was totally confused about it, and I don't blame other people for being confused about it too. But I didn't do anything without a permit, and I didn't do anything without a permit and you know the work is not all perfect and all that stuff. I did a lot of it myself but I was thoroughly inspected and we had this all set. I did have roommates in my 66 Planning Commission Meeting - June 20, 2006 house and you know we went on this way for 5 years you know and it's been fine. And I'd like to continue it just the way it was. With a couple little alterations but I think that the city after some time made the right decision you know. And everything I think has been pretty good, and I would just like to continue it. This variance request is not really born out of hardship. You know what actually happened here is that the roof burned off and I had some builders come over and say you know, what do I do you know, and they said why are you building out over the garage when you should be building out over your house, you know. Because then you can stack the bathrooms and you can put the storage over the garage and everything is much cleaner and neater and you know more economical. So for purely practical reasons I said well, maybe I should apply for this variance you know. I'm not going to get another chance to do it so. This is probably the right thing to do for a house. I'll give it a shot. And in terms of hardship, you know I'm not going to exaggerate hardship here. There's a certain amount of hardship in having a poorly designed house and paying more utilities because things are spread out more and this kind of thing, and I suppose over the life of the house that probably goes into the tens of thousands of dollars. There is some hardship here with having a poorly designed house, that kind of thing but it's nothing that we can't understand. It's pretty clear. So there is some hardship here and there is some opportunity here and I basically just want to build the house a little differently. I don't want to add square feet or anything like that. I don't want to add anything to bother anybody here. By just cleaning up the design of the house a little bit, and make it a little more livable and get things where they belong and put in a different heat system and things like that, then you know I'm good to go. McDonald: Okay. Any questions? Kurt? Keefe: I've got a question in regards to, you know locating the kitchen on the second level, if you were to grant this variance, you're okay with that? Loren Veltkamp: Actually I can't survive in the house with that because the roommates that I had used the kitchen, and I used it too. The kitchens were a common area as the City determined. When you have roommates the City, you know they...hard and fast ordinance was the City wrote me a letter saying that bedrooms in this situation are private, okay. You can't have people walking into other people's bedrooms. So they're considered private. All of the areas are common. Are held in common. So anybody can walk into anybody's kitchen or you know into any of the living areas or decks or you know, I had everything in the house. I mean hot tub and spa and everything, and everybody, exercise room. You know just everything that anybody would want almost. We had large screen TV's and entertainment rooms and it was wonderful. And people loved it and all the people that lived there as part of the fire losing stuff, they all want to come back you know. They all signed six month sub leases and they all want to come back in August. And I said I'll do whatever I can to get you back you know. So it's a happy family. It's more like an extended family than a bunch of you know rental units. I mean I don't even like rental dwellings. I wouldn't even have a rental if it was up to me. Roommates is the only way to go. But that's the state of things today. But I want to emphasize that we went through a great deal of trouble talking about this 5 years ago and it was all agreed and determined in writing and cleared up finally. And now, since the fire, this whole issue has just exploded again. You know and it's because we got new people working the city and the reason they told us very little and you know the people before that didn't read them that literally. And 67 Planning Commission Meeting - June 20, 2006 there's another issue here that I need to bring up and this is even weirder. I've been in this house for 15 years you know working on it and I've had I think 5 surveys done on this house in the time that I've lived there. After the fire my survey was done again by the same guy for I think maybe the eighth time, and it was rejected 4 times because he couldn't get it right. You know I agreed with staff that it wasn't really done right. It's crazy but in spite of all this, I still don't even know which way my house is facing. I've been there 15 years and I don't know which way my house is facing. It used to face south and the driveway went south and the front door went south and there was a paper road out there that's going to be developed, which was the fastest way out of the, you know away from the lake there. And also the guy that owned by lot owns another lot which was on this road you know going out so the house originally had defined setbacks. You know it was 30 feet, 10 and 10, which was the way that they did things back then. But now the city decides Lotus is the main road, and they have new setbacks you know. 30 and 30 and 15 and 15 on the sides. This just kills me you know. If my house had burned, it's a very serious problem. If my house had burned for another 10 minutes, I would have been past the 50% destruction level, and I would have lost everything. This scared the bejeebies out of me you know. I totaled up what my loses would have been, and I would have lost a half a million dollars. That's what I would have lost after I got all my insurance and everything else. Just because of that one code. I had no idea that code existed. So I think the ci ty' s got to look at this a little more carefully because people don't have insurance for their house and the lot in case they can't ever rebuild it. You know I certainly can't. So that's a side issue but getting back to this more important issue of which way we're facing. I talked to some lawyers about this and they felt, both lawyers felt that the city really shouldn't be imposing these setbacks on me because they're the ones who changed the street, okay. If I had built it wrong, it'd be another issue but since the City changed the street there and then changed the setback in such a way that I no longer have a buildable lot. I've got literally a 10 foot strip down the middle of my lot that is buildable. Which is of course not buildable. So they said that this is land grabbing.. . You know not intentional land grabbing but land grabbing just the same because you know the city can change the streets any time and then change the variances any time and people like me, completely unaware have a calamity in their lives and we end up losing everything. So I think if this went to court, I think a jury of my peers might have a little trouble with that you know. I think this needs to be researched. I don't know what the answer is but it doesn't seem right to me you know that a person can lose their lot just because the city changes which road is you know going to service their land. So that's a very basic issue in this case, which is still unresolved. And the lawyers want is the $300 an hour to research it, and I thought well maybe they just want my money you know. I don't know. But that's an issue and hope we can look at that further. And I would specifically request, you know I say it all the time but I'm very pro roommates for the city. I don't like apartments. I like roommates and I think it's a good thing. I put this in my letter to the City Council. I think it's a good thing for people to have roommates because if you fall ill or you know the kids need more of a house, or you have some other calamity, roommates can come in and give you the extra money to keep your house, which is what happened in my case. I was able to keep the house and finish the house and develop the house and I think that's a good thing for me and the roommates seem to like it too, and we were able to do it with, you know right in front of the eyes of the city and work this out, you know. 68 Planning Commission Meeting - June 20, 2006 Undestad: I've just got one question for you. He keeps going back to the rental thing and rental units. What issue are there that, I mean if you want to put the three kitchens and things in there, what issues do you have with the city and. . . Loren Veltkamp: ...you know there's the 5 amenities that make an apartment. Obviously they don't like having tenants in my house. They've never, you know they never liked that. They think it's apartments you know. Undestad: But getting a rental license, you wouldn't do that? Loren Veltkamp: I got a rental license. That's another funny thing. I applied for a rental license and then they determined that I didn't need a rental license because I don't have apartments you see. So I put my, I gave my money and I never got my money back. You know they still have my money but I don't have a license because I don't need one. I said screw it okay. I'm happy. And I don't have more than 2 dogs either. I don't know why that comes up you know. And the driveway, you know staff implied that the driveway was built to accommodate renters but the driveway was built before I was even divorced and the fact is we had two snowmobiles. A large boat. A motorcycle and two cars and we needed the driveway just to turn the boat around because there was no parking on Lotus Trail so. Undestad: You mentioned you might you know, this might need more research or might need more time. That may very. . . Loren Veltkamp: The code's about rent, you know apartments versus roommates. They need to be re-written because I've been through this twice now. And it's gone on for, I think this is the sixth year now that this has been an issue, and we had it quiet for 2 years. Dillon: We're not going to do that here tonight though. Loren Veltkamp: I know. I know but it's vague you know and it's just a little too vague. And to me the key issue with an apartment is a locking door, you know. If you've got a locking door and the people are renting that space and controlling that space, that's an apartment regardless of whether it has 2 toilets or 3 toilets and whatever. McDonald: Well I guess we're getting a little bit off par here but I do have a question for staff but I, the purpose of all this is so you can bring roommates back in. Loren Veltkamp: No, not at all. I can bring the roommates back anyway, and they all, they do want to come back and the only reason I have applied for a variance is to make the house more livable and it's cleaner. It's a better design and it's cheaper to build per square footage, and it's just more practical for me to do it that way. It's really just a matter of practicality. Now whether impracticality equals a hardship, you know a certain amount of screwed up design. For example, in the old house the storage was through a person's bedroom. Okay, but under the city code you know that bedroom was a private bedroom so I couldn't go into my storage you know without getting written consent you know, so this is an impracticality. So I said. 69 Planning Commission Meeting - June 20, 2006 McDonald: Well, before you go on with that, I mean that brings up a question and I don't think we have an answer for it but I do have a question for staff. I know in the City of Minneapolis in a situation such as this, this is viewed as a boarding house. You take a residence and you let people have the bedrooms and you have the common areas and those things. Do we have a comparable ordinance that would deal with boarding houses? I mean it seems as though he's being treated as an apartment. Yeah, maybe he's not an apartment house but it's definitely a boarding house. Metzer: I think that's been part of the problem in the past years is the definition of what's what. I don't know if it's finding ways around the definitions or what but. McDonald: Well I guess I'd like to see something there because I'm sorry, I'm still having a problem with all of this. It all comes down to the fact that you're asking for a variance and I'm just not sure why I'm doing this and I need to know something there. After telling two other gentlemen that sorry, you have to tear it down or pull it up and you know, both of them are saying a great financial hardships. Understanding you've got one too but I would just like to know what's going on so I would like staff to do something. I'd like to know what's, if all we have is an ordinance for rental, for apartments, then he's probably got a point. If we view this as a boarding house, which is different, then is there something else that he falls under? Loren Veltkamp: The staff has repeatedly told me that they like roommates. They want to encourage roommates. Roommates are fine but you've got to stay within the line. McDonald: Well I understand that and that's perfectly fine. That's why I say, what you've got is a boarding house. That's the rules of a boarding house. It's not apartments. You've got the common areas. I've seen a lot of these in Minneapolis. Loren Veltkamp: I don't know what a boarding house is so I can't. McDonald: Well you've got one. Yeah, you meet the definition and that's what I want to find out is you know, does the City address a boarding house differently than it does an apartment. And that's something to look at because what you're defining and what you're saying is going on is the same thing that goes on in downtown Minneapolis, around the University. A lot of people take their homes, the old homes down there. They convert them into boarding houses. They rent them out to students. They rent them out to individuals. They have the common areas the City of Minneapolis, also because of the fire 3 or 4 years ago where a couple students were killed, started cracking down on boarding houses. That they do fall under an ordinance. There are requirements. Loren Veltkamp: Are the owners living in these houses with the students? McDonald: Huh? Loren Veltkamp: Are the owners living in the houses? 70 Planning Commission Meeting - June 20, 2006 McDonald: In some cases they were. In some cases they weren't, and that's what creates the problem, and that's why I'd like to know what it is you've got. Maybe at that point it does justify the variance. But if staff can't answer that right now, one of the things I would ask him to do is come up with something. Papke: Would you accept a motion to table this? McDonald: I would accept a motion to table this. Papke: Mr. Chair, I'll make a motion that we table this application until we can come back with something that clearly delineates the legal ramifications here and doesn't attempt to enforce something that seems to be ill defined by granting a variance. Dillon: Second. Loren Veltkamp: Can I make one small request? McDonald: Well first of all let us vote on the motion. Papke moved, Dillon seconded that the Planning Commission table the variance request for 6724 Lotus Trail, Planning Case 06-25, until staff can come back with something that clearly delineates the legal ramifications and doesn't attempt to enforce something that seems to be ill defined by granting a variance. All voted in favor and the motion carried unanimously with a vote of 6 to O. McDonald: Did you wish to add something? Loren Veltkamp: I would like to just put a rush on it because my house is getting rained on every day. I don't have a roof you know. McDonald: I understand that and staff is under certain constraints. It will be dealt with in an expeditious fashion. I'm sure that they will contact you about, we will, what is the time? Can we come back on the calendar at our next? Generous: Yeah, the next one unfortunately, our next scheduled meeting will be the 4th. Loren Veltkamp: Ijust can't wait that long. I, you know, I'm under a certain time limits on the insurance company. They only pay for me to be out of the house for a certain period of time, you know. I mean it's a hardship for me to drag this out. I've got people lined up to work on the house. I've got a roof. Papke: Can you proceed with reconstructing under your current? Loren Veltkamp: I can do what I can. Put the roof over the garage and did some second story decking. You know we've got tarps up. Our tarps have ripped off again with this last you know deluge we had and. I would just like to rush it. 71 Planning Commission Meeting - June 20, 2006 McDonald: Yeah, well we'll have it back by the 18th. And that's about 3 weeks away. In the meantime, if this goes up before us for a vote, I'm afraid you'll be turned down and you're still looking at going before City Council. Nothing is going to happen before then anyway so at least by doing this, I think we're only throwing maybe a 2 week delay into anything. It's just, this doesn't make sense and I cannot in good faith vote for it after denial of two other variances. Unless there is a compelling reason to do so, and Ijust haven't heard it tonight. Okay, with that then we will move on to the next agenda item. Resident: Excuse me. Will we get notification of the July 18th meeting because we're all waiting to see? Generous: I can send out a notice. McDonald: Yep. Notices will be sent out again. I apologize for everybody coming in but I'm afraid at this point we just don't have enough information. And that's part of what we're going to try to do is unconfuse all of this so that everybody understands what's going on and we do finally make a recommendation that makes sense to everybody. So I appreciate everyone coming in. I understand the late hour and everything, but thanks very much and thank you for your patience and I'm sorry if this is going to cause any kind of a hardship but again, as I said to the gentlemen, two before, financial burden is not something that we can look at. We have certain rules to follow and without this making sense within those rules, we can't vote. So we will adjourn with that. APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated June 6, 2006 as presented. Chairman McDonald adjourned the Planning Commission meeting at 11:10 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 72