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CAS-12_PLANNING CASE NO. 2019-12Document #: A683994 Date: 10-03-2019 Time 1:53 PM Pages: 3 Recording Fee: $46.00 Paid on 10-03-2019 County: Carver State: MN Requesting Party: CAMPBELL KNUTSON PA Kaaren Lewis County Recorder CITY OF CHANHASSEN RECEIVED OCT 242019 CHANHASSEN PLANNING DEPT This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document SCANNED CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2019-12 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approved a variance from the bluff setback and encroachment into the Bluff Creek primary zone for the construction of a septic system. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 10, Block 3, Pioneer Hills, Carver County, Minnesota. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. An engineer -designed plan is required to divert the existing drainage ravine that would be impacted by the proposed SSTS. 2. The applicant shall apply for a septic permit for the septic system. 3. The applicant shall provide further justification of the impracticability of such a location for an SSTS (e.g. a geotechnical report or perk test if the concern is fill/disturbed soil). 4. An erosion control plan shall be submitted for review and approval. The applicant shall submit a tree survey showing the system located as to minimize tree removal. All trees 6" and larger in and around the construction area shall be shown. Replacement planting will be required in areas cleared outside of the septic fields. Plans and quantities shall be approved by the city. 6. Tree protection fencing shall be installed to protect trees and vegetation outside of the construction area. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: September 23, 2019 (SEAL).,,,�: ,r STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN BY: �/�dc Elise Ryan ayor AND: Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me thisXddaay of 2019 by Elise Ryan, Mayor and Todd Gerhardt, City Manager, of the City of C lassert, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Is1t"W001 City of Chanhassen 7700 Market Boulevard P.O. Box 147 KIM T. MEUWISSEN w Notary Public -Minnesota Chanhassen, MN 55317M�r--,_- '- -- _ (952)227-1100 gAplan\2019 planning cues\19-12 1181 homestead lane var\van=n document 2019-12 1181 homestead In.doc a CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson PA Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO 9/26/19 PC 2019-12 ATTENTION Jean Olson RE 1181 Homestead Lane M Attached ❑ Under separate cover via the following items. ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/23/19 2019-12 Variance THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Foryouruse ❑ As requested ❑ For review and comment ❑ FORBIDS DUE ® Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® Recording ❑ PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints REMARKS Please contact MacKenzie Young -Walters at 952-227-1132 or mwalters@ci.chanhassen mn us with any questions regarding the attached Thank you. COPY TO SIGNED: t.; vl 1l Jean Steck^ I g 952)227-1106 If enclosures are not as noted, kindly notify us at once. 0 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2019-12 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approved a variance from the bluff setback and encroachment into the Bluff Creek primary zone for the construction of a septic system. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 10. Block 3, Pioneer Hills, Carver County, Minnesota. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. An engineer -designed plan is required to divert the existing drainage ravine that would be impacted by the proposed SSTS. 2. The applicant shall apply for aseptic permit for the septic system. 3. The applicant shall provide further justification of the impracticability of such a location for an SSTS (e.g. a geotechnical report or perk test if the concern is fill/disturbed soil). 4. An erosion control plan shall be submitted for review and approval. The applicant shall submit a tree survey showing the system located as to minimize tree removal. All trees 6" and larger in and around the construction area shall be shown. Replacement planting will be required in areas cleared outside of the septic fields. Plans and quantities shall be approved by the city. 6. Tree protection fencing shall be installed to protect trees and vegetation outside of the construction area. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: September 23. 2019 CITY OF CHANHASSEEN BY: L_4 (SEAL) Elise Ryan, Mayor AND: )2 � x Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thisXddaay o 2019 by Elise Ryan, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. ��_ 1,YVl T 7'►�.�-.tom_ NOTAR BLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 �rI KIM T. MEUWISSEN Chanhassen, MN 55317 _ Notary Public -Minnesota -. MY Cp,-dWm Eraby Jan 31, 2Ws (952)227-1100 8:lplan\2019 planing a \l942 1181 homestead 1 t valvmim donanent 2019-12 1181 homestead Indoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of John Jensen II for variance from the bluff setback and encroachment in to the Bluff Creek primary zone for the construction of a septic system on a property zoned Rural Residential District (RR) - Planning Case 2019-12. On September 3, 2019, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential District (RR). 2. The property is guided in the Chanhassen Comprehensive Plan for Large Lot Residential. 3. The legal description of the property is: Lot 10, Block 3, Pioneer Hills, Carver County, Minnesota 4. Variance Findings —Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The installation of a septic system in this location will have a minimal impact on the bluff and the Bluff Creek primary zone. Once installed, the site can be revegetated to maintain the environmental benefits of the area. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The applicant cannot install a compliant septic system on the property without a variance. SCAWE►D r c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is located in an older subdivision and the existing structure does not conform to the current zoning code. The parcel is significantly smaller than the minimum size required for riparian lots zoned RSF. The lot's substandard size and pre- existing house placement means that a two -car garage cannot be situated on the lot without a variance. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in a large lot residential subdivision. The proposed construction of a septic system in the Bluff Creek primary zone and within the bluff setback will not alter the essential character of the locality and will provide a working septic system. f. Variances shall be granted for earth -sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2019-12, dated September 17, 2019, prepared by Robert Generous, et al, is incorporated herein. "The Chanhassen Board of Appeals and Adjustments approves a variance from the bluff setback and encroachment in to the Bluff Creek primary zone for the construction of a septic system, subject to the following conditions: 1. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. An engineer -designed plan is required to divert the existing drainage ravine that would be impacted by the proposed SSTS. 2. The applicant shall apply for a septic permit for the septic system. 3. The applicant shall provide further justification of the impracticability of such a location for an SSTS (e.g. a geotechnical report or perk test if the concern is fill/disturbed soil). 4. An erosion control plan shall be submitted for review and approval. 2 5. The applicant shall submit a tree survey showing the system located as to minimize tree removal should be required. All trees 6" and larger in and around the construction area shall be shown. Replacement planting will be required in areas cleared outside of the septic fields. Plans and quantities shall be approved by the city. 6. Tree protection fencing shall be installed to protect trees and vegetation outside of the construction area." ADOPTED by the Chanhassen Planning Commission this 17th day of September, 2019. CIT' Mv gAplan\2019 planning cases\19-12 1181 homestead lane var\lindings of fact and decision 1181 homestead In (approval).docx PLANNING COMMISSION STAFF REPORT Tuesday, September 17, 2019 � Subject Consider a Request for a Variance to Replace and Move a Septic tystern to the Bottom of the Bluff at 1181 Homestead Lane Section PUBLIC HEARINGS Item No: B. L Prepared By MacKenzie Young -Walters, Associate File No: Planning Case 2019-12 Planner The Chanhassen Board of Appeals and Adjustments denies the bluff setback and encroachment into the Bluff Creek primary zone for the construction of a septic system, adopts the attached Findings of Facts and Decision and directs the applicant to: Submit plans showing conformance with City Ordinance and City Standards for the subsurface sewage treatment system (SSTS) being installed in the front yard, or provide further justification of the impracticability of such a location for an SSTS (e.g. a geotechnical report or perk test if the concern is fill/disturbed soil). The applicant is proposing to replace an existing septic system with a system that encroaches into the Bluff Creek primary zone as well as into the required bluff setback. APPLICANT John Jensen ❑, 1181 Homestead Lane, Chanhassen, MN 55317 SITE INFORMATION l PRESENT ZONING: Rural Residential District, RR LAND USE: Large Lot Residential ACREAGE: 2.5 acres DENSITY: NA APPLICATION REGULATIONS Chapter 19, Water, Sewers and Sewage Disposal, Article IV, Subsurface Sewage Treatment Systems Chapter 20, Article 11, Division 3, Variances Oc 7t Chapter 20, Article XI, "RR" Rtaal Residential District Chapter 20, Section 20-1401, Structure Setbacks (Bluffs) Chapter 20, 20-1564 Struciue Setbacks (Bluff Creek primary zone) BACKGROUND Pioneer Hills was platted on February 4, 1985. The house was built in 1986. RECOMMENDATION Staff recommends that the Planning Commission deny the variance to permit construction of the septic system within the bluff setback and Bluff Creek primary zone since a feasible alternative that conforms to ordinance may be installed, adopts the attached Findings of Facts and Decision and directs the applicant to: Submit plans showing conformance with City Ordinance and City Standards for the SSTS being installed in the fiont yard, or provide furtherjustification of the impracticability of such a location for an SSTS (e.g. a geotechnical report or perk test if the concern is filVdismrbed soil). o Staff Report 0 Findings of Fact and Decision Denial 0 Findings of Fact and Decision Approval 0 Development Review Application 0 Narrative 0 Survey o Septic Site Sketches 0 Public Hearing Notice 0 Affidavit ofMailmg CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: September 17, 2019 CC DATE: September 23, 2019 REVIEW DEADLINE: October 15, 2019 CASE #: 2019-12 BY: RG, EH, JS, ET "The Chanhassen Board of Appeals and Adjustments denies the bluff setback and encroachment in to the Bluff Creek primary zone for the construction of a septic system and adopts the attached Findings of Facts and Decision." (Note: A motion for approval and appropriate Findings of Fact are also included at the end of the report.) SUMMARY OF REQUEST The applicant is proposing to replace an existing septic system with a system that encroaches into the Bluff Creek primary zone as well as into the required bluff setback. LOCATION: 1181 Homestead Lane Chanhassen, MN 55317 Lot 10, Block 3, Pioneer Hills, Carver County, Minnesota (PlD 256100190) OWNER: John Jensen II 1181 Homestead Lane Chanhassen, MN 55317 PRESENT ZONING: Rural Residential District (RR) and Bluff Creek Overlay District (BCO). 2030 LAND USE PLAN: Residential Large Lot ACREAGE: 2.5 acres DENSITY: NA 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. Planning Commission 1181 Homestead Lane — Planning Case 2019-12 September 17, 2019 Page 2 of 6 Notice of this public hearing has been mailed to all propem owners within 500 feet. PROPOSAU/SUMMARY The applicant would like to install their septic system within the Bluff Creek primary zone as well as encroach into the bluff setback zone. APPLICABLE REGULATIONS Chapter 19, Water, Sewers and Sewage Disposal, Article IV, Subsurface Sewage Treatment Systems Chapter 20, Article H, Division 3, Variances Chapter 20, Article XI, "RR" Rural Residential District Chapter 20, Section 20-1401, Structure Setbacks (Bluffs) Chapter 20, 20-1564 Structure Setbacks (Bluff Creek primary zone) Pioneer Hills was platted on February 4, 1985. County records indicate that the house was built in 1986. Planning Commission 1181 Homestead Lane —Planning Case 2019-12 September 17, 2019 Page 3 of 6 SITE CONDITIONS The property is zoned Rural Residential District and is located within the city's Bluff Creek overlay district. This zoning classification requires lots to be a minimum of 2.5 acres and that the primary zone be preserved as permanent open space. The exiting septic system is failing and must be replaced. SITE CONSTRAINTS Wetland Protection There is not a wetland located on the property. Bluff Protection There is a bluff on the property. Shoreland Management The property is not located within a shoreland overlay district. Floodplain Overlay This property is not within a floodplain Bluff Creek Corridor The property is located within the Bluff Creek overlay district. Variances within 500 feet: Variance 2007-28, 951 Homestead Lane, variance to permit a I.177 square foot accessory structure on November 20, 2007. ANALYSIS The applicant is proposing a septic system to be installed in a naturally wooded area within the Primary Zone of the Bluff Creek Watershed District as well as near a bluff. The existing site has 100% tree cover from the home to the Powers Boulevard right-of-way. Locating the septic field in this area will permanently affect the wooded area and primary zone. A number of homes own a share of the continuous wooded area and have protected the area since the development of the area. Staff recommends that protection of the wooded area continue. Ideally, an alternative location Planning Commission 1181 Homestead Lane - Planning Case 2019-12 September 17, 2019 Page 4 of 6 could be found on the property for the system. If not, then a tree survey showing the system located as to minimize tree removal should be required and replacement plantings be approved by the city. The Engineering Department has reviewed the Variance submittal for 1181 Homestead Lane. These comments are divided into two categories: general comments and proposed conditions. General comments are informational _ _ _ aNy� Qd31sa'Wofr points to guide the applicant in the proper planning of public works _-- --- ----- infrastructure for this project, to inform the applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed conditions are requirements that Engineering recommends ' be formally imposed on the developer in the final order. Note that .-1$ _ references to the "City Standards" herein refer to the Standard Specifications and Detail Plates. General Comments/Findings Any and all utility and transportation plans submitted with this application have been reviewed for the purpose of determining the feasibility of providing utility and transportation facilities for the project in accordance with City Standards and City Ordinances. Recommendation of a variance approval does not constitute final approval of details, including but not limited to alignments, materials and points of access, connection or discharge, that are depicted or suggested in the application. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. The City of Chanhassen Engineering and Public Works Department will review plans, in detail, when they are submitted and approve, reject or require modifications to the plans or drawings based upon conformance with City Standards, the Chanhassen Code of Ordinances and the professional engineering judgment of the City Engineer. 2. It is the opinion of the Engineering Department that the proposed subsurface sewage treatment system (SSTS) variance should not be approved as other locations on the subject property would allow for the SSTS to function properly while not creating the need for a variance from bluff and slope setbacks based on the information provided. a. Upon submittal of the variance request, the applicant's justification for not locating the SSTS in the front yard was discussed under point 3.c. "Moving •• I t i 9 II o I ..y � �. `� - W6Y••rh.•.H -. w-i owA31noe St9MOd t r ON HV57 Planning Commission 1181 Homestead Lane — Planning Case 2019-12 September 17, 2019 Page 5 of 6 the entire system to the front yard would also be problematic as there is not enough workable space to install a system. " b. After review by staff it was determined that there was enough room to install the SSTS between the existing garage and existing house. As currently designed, the treatment area requires 1,600 square feet, while the front yard provides over 2,400 square feet of workable area outside building setbacks and slope/bluff setbacks. c. Staff reached out to the applicant to obtain further justification to point 3.c. and received a follow-up e-mail on September 5, 2019 in which the contractor concluded: "there is no room in the front due to the well setback and all cut and fill or compacted soils, and the contours do not work either." d. After re -reviewing the setbacks (well and slopes) from the provided plans, staff determined that there was enough room as discussed in item 2.b. of this report and that if there are concerns regarding compacted soils, a type 3 system should be proposed and subsequent perk tests provided to ensure feasibility. 3. Staff will reassess the recommendation for denial of variance if further justification is provided for the infeasibility of the front yard location for installation of the SSTS. See Condition 1. Proposed Conditions 1. Submit plans showing conformance with City Ordinance and City Standards for the SSTS being installed in the front yard, or, provide further justification of the impracticability of such a location for a SSTS (e.g. a geotechnical report or perk test if the concern is fill/disturbed soil). The applicant's proposed project does not comply with city ordinance. Based on staffs review, an alternative system compliant with City Code could be installed. The Building Department supports any comments or concerns that the Soil & Water Conservation District and Water Resources has concerning the placement of the septic system. RECOMMENDATION Staff recommends that the Planning Commission deny the variance to permit construction of the septic system within the bluff setback and Bluff Creek primary zone since a feasible alternative that conforms to ordinance may be installed, adopts the attached Findings of Facts and Decision and directs the applicant to: Planning Commission 1181 Homestead Lane — Planning Case 2019-12 September 17, 2019 Page 6 of 6 Submit plans showing conformance with City Ordinance and City Standards for the SSTS being installed in the front yard, or provide further justification of the impracticability of such a location for a SSTS (e.g. a geotechnical report or perk test if the concern is fill/disturbed soil). Should the Planning Commission approve the variance request, it is recommended that the Planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen Board of Appeals and Adjustments approves the bluff setback variance and encroachment into the Bluff Creek primary zone for the construction of a septic system as shown in the plans shown on the Certificate of Survey by SISU Land Surveying dated 8/19/19, subject to the following conditions, and adopts the attached Findings of Facts and Decision. 1. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. An engineer -designed plan is required to divert the existing drainage ravine that would be impacted by the proposed SSTS. 2. The applicant shall apply for aseptic permit for the septic system. 3. The applicant shall provide further justification of the impracticability of such a location for a SSTS (e.g. a geotechnical report or perk test if the concern is fill/disturbed soil). 4. An erosion control plan shall be submitted for review and approval. 5. The applicant shall submit a tree survey showing the system located as to minimize tree removal should be required. All trees 6" and larger in and around the construction area shall be shown. Replacement planting will be required in areas cleared outside of the septic fields. Plans and quantities shall be approved by the city. 6. Tree protection fencing shall be installed to protect trees and vegetation outside of the construction area." ATTACHMENTS 1. Finding of Fact and Decision Denial 2. Finding of Fact and Decision Approval 3. Development Review Application and Narrative 4. 1181 Homestead Lane Survey 5. Septic Site Sketches 6. Public Hearing Notice and Mailing List gApl.\2019 ph,i. case\19-12 1181 h.ma d 1m rar wffr,pDn-1181 homesmad lmpc.d.. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of John Jensen II for variance from the bluff setback and encroachment into the Bluff Creek primary zone for the construction of a septic system on a property zoned Rural Residential District (RR) - Planning Case 2019-12. On September 17, 2019, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential District (RR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Large Lot. 3. The legal description of the property is: Lot 10, Block 3, Pioneer Hills, Carver County, Minnesota 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The intent of the city's bluff protection and Bluff Creek Overlay District ordinances are to protect the city's natural areas and aquatic resources by establishing a minimum bluff setback as well as preserve the Bluff Creek corridor. These two requirements are designed to work together to prevent excessive development that could generate unnecessary alterations which could potentially degrade the bluff area as well as Bluff Creek. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: An alternative system compliant with City Code could be installed without a variance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: While the septic system has failed and must be replaced, an alternative system compliant with City Code could be installed. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in one of the city's large lot residential subdivisions. The properties within 500 feet of the parcel have septic systems that comply with city ordinances. The proposed encroachment into the Bluff Creek primary zone and bluff setback could lead to other alterations to the natural area of the neighborhood. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2019-12, dated September 17, 2019, prepared by Robert Generous, et al, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments denies a variance request to allow a variance from the bluff setback and encroachment in to the Bluff Creek primary zone for the construction of a septic system." ADOPTED by the Chanhassen Planning Commission this 171h day of September, 2019. CITY OF CHANHASSEN Steven Weick, Chairman g:lplan12019 planning casea119-12 1181 homestead lance %u findings of fact and decision 1181 homestead In (denial) door CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of John Jensen II for variance from the bluff setback and encroachment in to the Bluff Creek primary zone for the construction of a septic system on a property zoned Rural Residential District (RR) - Planning Case 2019-12. On September 3, 2019, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential District (RR). 2. The property is guided in the Chanhassen Comprehensive Plan for Large Lot Residential. 3. The legal description of the property is: Lot 10, Block 3, Pioneer Hills, Carver County, Minnesota 4. Variance Findings —Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The installation of a septic system in this location will have a minimal impact on the bluff and the Bluff Creek primary zone. Once installed, the site can be revegetated to maintain the environmental benefits of the area. b. When there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The applicant cannot install a compliant septic system on the property without a variance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is located in an older subdivision and the existing structure does not conform to the current zoning code. The parcel is significantly smaller than the minimum size required for riparian lots zoned RSF. The lot's substandard size and pre- existing house placement means that a two -car garage cannot be situated on the lot without a variance. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in a large lot residential subdivision. The proposed construction of a septic system in the Bluff Creek primary zone and within the bluff setback will not alter the essential character of the locality and will provide a working septic system. f. Variances shall be granted for earth -sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2019-12, dated September 17, 2019, prepared by Robert Generous, et al, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves a variance from the bluff setback and encroachment in to the Bluff Creek primary zone for the construction of a septic system, subject to the following conditions: 1. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. An engineer -designed plan is required to divert the existing drainage ravine that would be impacted by the proposed SSTS. 2. The applicant shall apply for a septic permit for the septic system. 3. The applicant shall provide further justification of the impracticability of such a location for an SSTS (e.g. a geotechnical report or perk test if the concern is fill/disturbed soil). 4. An erosion control plan shall be submitted for review and approval. 2 5. The applicant shall submit a tree survey showing the system located as to minimize tree removal should be required. All trees 6" and larger in and around the construction area shall be shown. Replacement planting will be required in areas cleared outside of the septic fields. Plans and quantities shall be approved by the city. 6. Tree protection fencing shall be installed to protect trees and vegetation outside of the construction area." ADOPTED by the Chanhassen Planning Commission this 170' day of September, 2019. CITY OF CHANHASSEN Steven Weick, Chairman gAplan\2019 planning cases\19-12 1181 homestead lane vaAfindings of fact and decision 1181 homestead In (approval).doex -PC auj�-101,- COMMUNITY DEVELOPMENT DEPARTMENT CITY OF CHANHASSEN Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147. Chanhassen. MN 55317 Phone: (952) 227-1300 / Fax (952)227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date. ' 1 t t `1 PC DateC -7 i CC Date .� t� 60 Day Review Date: I(J l (cl � Section 1: Application Ty (Refer to the appropnate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment. ..... - $600 ❑ Minor MUSA line for failing on -site sewers _ .$100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others ......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others ......................................................... $500 ❑ Sign Plan Review...................................................$150 ❑ Site Plan Review (SPR) ❑ Administrative..................................................$100 ❑ Commerciatilndustrial Districts' ...................... $500 Plus $10 per 1,000 square feet of building area: (_ thousand square feet) 'Include number of ex;stina employees. 'include number of now employees. ❑ Residential Districts .............. ........ $500 Plus $5 per dwelling unit (— units) Notification Sign (City to install and remove) .......................... ❑ Subdivision (SUB) ❑ Create 3 lots or less ....................................... $300 ❑ Create over 3 lots .......................$600 + $15 per lot (_ lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots.... ........................... .............. $150 ❑ Lot Line Adjustment ......................................... $150 ❑ Final Plat ....... ................................... ........ ..... ...$700 (Includes $450 escrow for attorney costs)' 'Additional escrow may be required for other applications through the development contrail. ❑ Vacation of Easements/Right-of-way (VAC)_..... $300 (Additional recording fees may apply) ❑� Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others_..............................................._$275 ❑ Zoning Appeal ................................................. $100 ❑ Zoning Ordinance Amendment (ZOA) .__- ..... .. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ... $200 �( Property Owners' List within 500' (city to generate after pre -application meeting) ....-- ......................................... $3 per address ( 14 addresses) ❑ Escrow for Recording Documents (check all that apply)....-..- ...... -- --. - --- ............... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) Easements (_ easements) ❑ Deeds y9Z TOTAL FEE: Section 2: Required Information Description of Proposal. A et on ur the ed a w, Property Address or Location: Parcel # 10 Legal Description: 1181 Homestead Lane Section 26 Township 116 Range 023 Total Acreage: 2.5 Wetlands Present? ❑ Yes ❑ No Present Zoning: Mixed Low Density Residential District (I Requested Zoning: Not Applicable Present Land Use Designation: Residential Low Density Existing Use of Property: Single family home ❑Check box if separate narrative is attached. Requested Land Use Designation: Not Applicable I Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct. Name: John Jensen Contact: Address: 1181 Homestead Lane Phone: 612-790-3614 City/State/Zip: Chanhassen, MN 55317 Cell: 612-790-3614 Email: jjensenii2@msn.com Fax Signature. Date: PROJECT ENGINEER (if applicable) Name. Contact: Address: Phone: City/State/Zip: Cell Email Fax Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: +❑ Property Owner Via: D Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ElEngineer Via: ❑ Email _ ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select device and deliver to city along with required documents and payment. copy to the city for processing. to save a copy to your to send a digital SAVE FORM PRINT FORM SUBMIT FORM TVariance Request 1181 Homestead Lane 1. The septic system at 1181 homestead was found to be failing during an inspection of the property. The septic system needs to be replaced because there are no available sewer lines. 2. A Variance is being requested to put the septic system at the bottom of the bluff. Any septic system that is installed within 50 feet of the bluff with 25%grade requires a variance. Because of an easement on the property extending 75 feet into the property, the septic system has to be installed closer to the bluff. 3. This placement of the septic system at the bottom of the bluff is the optimal placement a. Installing the septic system at the top of the bluff would also require a variance b. This will be an optimal place as it will allow for ease of connection to a future sewer system. There is sewer pipe along the property, but it is not currently connected to the city sewer system. This will be a future development. c. Moving the entire system to the front yard would also be problematic as there is not enough workable space to install a system. d. The easement of 75 feet, does not allow for the septic system to be installed further away from the bluff. e. The septic system when installed will still be 75 feet from the property line due to the easement. f. Several properties along Homestead lane have Septic systems at the bottom of the bluff, however they have additional flat land and may not have needed a variance. H %t _ •! x = ® \§/ kZZ: �■ �� __ qK ] xoE d _- k ~ § |!« a|� � x x ) \| — ! | I«y a �R I\!!!!if | §, « m \ |||||||| | || \ \ .! ! { | tj | d d J(. } -- _- 6 § ; ®� � - •© � (§ \) 2A3imeapa e'ON aS § ~ 2 ((| �� -'i u I � - -� ,, ,, � / I �� //// _ � ��1� �- ' _ _ �� _�� \ \_ \ _ ^1 (P tu L �o CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2019-12 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 17, 2019 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a variance to replace and move a septic system to the bottom of the bluff at H 81 Homestead Lane. Zoned Rural Residential (RR). Owner: John Jensen. A plan showing the location of the proposal is available for public review on the city's web site at www.ci.chanhassen.mn.us/2019-12 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Young -Walters Associate Planner Email: mwaltersa—ei.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on September 5, 2019) g.\plan\2019 planning cases\19-12 1181 homestead lane var\ph notice to villager does CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MRINESOTA) (ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on September 5, 2019, 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 to consider a request for a variance to replace and move a septic system to the bottom of the bluff on property located at 1181 Homestead Lane, Planning Case No. 2019-12 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kim T. MeuvJissen, Deputy Subsc7*14ed and s em to before me thig= day of2019. r , Notary Public i IJC" JEAN M STECKUNG N*jY R bID"A rmom ------------------- woo.anm�paa rt„.mat Disclalmer This map is neither a legally recorded map nor a surrey and is not intended to be used as one. This map is a compilation of records, information and data located in vanous city. county. state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City tices 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 exact ng measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Suod. 21 (2000). and the user or 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 arse out of the users access or use of data provided. 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 tices not wanant that the Geographic Information System (GIS) Data used to prepare this map are a= free. and the City tices 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. 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 users access or use of data provided. aTAX NAME» aTAX_ADD_LID aTAX_ADD_L2»,aTAX_ADD_L3u Next Record aaTAX_NAME» ((TAX —ADD —LID aTAX_ADD_L2»,aTAX_ADD_L3a Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 17, 2019 at 7:00 P.M. This hearing may not start until later In the evening, depending on the order of the agenda. Location: -City Hall Council Chambers 7700 Market Blvd. The purpose of this hearing is to consider a request for a Proposal: variance to replace and move a septic system to the bottom of the bluff. Zoned Rural Residential (RR). Property Owner: John Jensen Property 1181 Homestead Lane Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following What Happens steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2019-12. If you wish to talk to someone about this project, please contact MacKenzie Questions & Young-Watters by email at mwaltersAci.chanhassen.mn.us Comments: or by phone at 952-227-1132. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign u I City Review Procedure: • Subdivisions, Planned Unit Dewbp mars. Site Plan Raweaa. Conditional end mrshm Uses, Welland AlmrHims, Rezonirge, Compr ehensve Plan Amendments and Code Amendments m u;m a public hearing bNara the Planning Commission. City ordinances require all properly within 500 feel of the sugecl site to M notified of the application in wasting. AM interested Party is Invited 10 amend the maxmg • Slefl prepares a report an the subject application that mounts all pertmenf information and a recommendation. These reports are available by request At the Planning Commission meeting. staff will gtve a verbal ovemew of the report and a recommendation. TM Item will be opened fm the public to speak about the proposal as a pert of the hearing Process. The Commission wtll close the public hearing and discuss the Hem and make a recommendation to the City Courcil The City Council may reverse, affirm or madilywholly or partly the Planning Commission's recommendation. Rezonings. land use and code amendments take a simple MaforHy vote of the ally Council bade l rezonings and land use amendments from reeldentlal Io COmmarCia VmQlstrel. s Minnesota State Statute 519 99 requires al applications M M processed within 60 days unless the applicant .,.a this standard Soros applicatmns due to their complexity may take several months incomplete Any person wishing to follow an item through Ind Process should check with the Planning Department regarding ila statue and schedding twine City Coundl meeting • A naighUortood spokespm onlrepres nteive is encouraged to Provide a contact for the sty. Often developers are encouraged to meet hg theirprepossl $en. the leaning no MBpmians Iandaled Pafmnfa) • Because Commissionnstally se the pubInduced theCowelldoes the Cityyn the Citys rot. Mimdesxilinto antlany de ce rega thesionhak in to regal iron roped to th City Council. Hyou wish to Mve samethingthM application willbegStaff includcorrese in line please mdudnd m tM re rt, leave contact Ind Planning Stall eon named on the notigcadon. p Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 17, 2019 at 7:00 P.M. This hearing may not start until later in the evening,depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Proposal: variance to replace and move a septic system to the bottom of the bluff. Zoned Rural Residential (RR). Property Owner: John Jensen Property 1181 Homestead Lane Location: A location map is on the memo side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following What Happens steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2019-12. If you wish to talk to someone about this project, please contact MacKenzie Questions & Young -Walters by email at mwalters(aici.chanhassen.mn.us Comments: or by phone at 952-227-1132. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the cty's website. Go to www.ci.chanhassen.mn.ustnotifyme to sign u I City Rie law Proc chei • Subdivisions Planed Unit Developments. Site Plan Reviews. Conditional and Interim Uses Wetland Allerabons, Remini gs, Comprehensive Plan AmendnroMa and Code Amendments require a "Im hearalg before the Planning Commission. City ordinances require ell property within 500 fear of the subjdtl site to be ndifed M the application in wheat, Any interested perry ie invited to attend the meeting • Staff prepares a report on the subject application that includes ell pennant information and a recanmendshon. These reports ere available by request Al the Planning Comme uon meeting, sjaM wA give a verbal overview of Nit reportend a recommendation Tinsel will be opened for Ind publiC to speak etimll hie proposal as a pan of the rearing process. The Commission will close the public Marina and discuss the Hem and make a recommendation to the City Council The City CouMl may revere, affirm or moldy wholly or panty Me Planning Commission's recommendation. Rezonings, land use and rods amendments lake a ample mai ly vole of the City Call except razominge and land use amendments from maidee l to aommeraalhndusthal • Minnesota Slate Statute 519 N requires all applications to M processed within SO days unless the applicant waives this standard. Some epWmations We to Mxr complexity may lake several months to complete. Any person wishing to follower Item through the process should check with the Planning Department regarding its status and scheduling for the City Coundl meeting. • A neighboMoad epokeapenmlrepnexnlelive is encourapdtl 1p provkb a toque fof lM oily. Often developers are encouraged to mewl with the neighborhood regarding their proposal Staff Is also available to review the project with any mmanded censorial. • Because Me Planning Commission holds the Public hexing, Ind City Council does not. Minutes are taken and any comesponderoe regarding the applkabon war W included in Ind report to the City Councila you wish to Mve somellilg th DB iroluded in Ind report, please contact the Planning, Stag partial named on the nol@canon. PIN TAX NAME 256100080 JOHNNIE J & ELAINE A MEYERING 256100130 PAUL A PERKINS 256100140 MARC D GRAMS 256100150 IAN MATTHEW DUNN 256100160 BRIAN 1 & MICHELLE R O'DONNELL 2561D0170 SUDEEPBHAT 256100180 LINDA M BLOUDEK REV TRUST 256100190 JOHN JENSEN 11 256100200 WILLIAM G & ELIZABETH M AHERN 250260600 G&M LAURENT FAMILY LTD PTRSHP 250260620 STATE OF MINNESOTA - DOT 256100090 JAMES L BROWNELL REV TRUST 251550022 TIMOTHY A & DAWNE M ERHART 256100060 RONALD L & KOLLEEN M BROWN 256100070 MEGAN A STEWART TAX_ADD_LS TAX_ADD_L2 TAX_ADD_1-3 SHAPE.STAreao 1050 HOMESTEAD LN CHANHASSEN MN 55317-8634 1050 HOMESTEAD LN 1051 HOMESTEAD LN CHANHASSEN MN 55317-8611 1051 HOMESTEAD LN 1101 HOMESTEAD LN CHANHASSEN MN 55317-8613 1101 HOMESTEAD LN 1131 HOMESTEAD LN CHANHASSEN MN 55317- 1131 HOMESTEAD LN 1151 HOMESTEAD LN CHANHASSEN MN 55317-8613 1151 HOMESTEAD LN 1161 HOMESTEAD LN CHANHASSEN MN 55317-8613 1161 HOMESTEAD LN 1171 HOMESTEAD LN CHANHASSEN MN 55317-8613 1171 HOMESTEAD LN 1181 HOMESTEAD LN CHANHASSEN MN 55317-8613 1181 HOMESTEAD LN 1191 HOMESTEAD LN CHANHASSEN MN 55317-8613 1191 HOMESTEAD LN 23655 ZINN AVE PRIOR LAKE MN 55372-8885 1371 PIONEER TRL 395 JOHN IRELAND BLVD 631 TRAN ST PAUL MN 55155-1801 70 LAKE RILEY TRL CHANHASSEN MN 55317-4541 1190 HOMESTEAD LN 9611 MEADOWLARK LN CHANHASSEN MN 55317-8695 9650 FLINTLOCK TRL CHANHASSEN MN 55317-8605 9650 FLINTLOCK TRL 9700 FLINTLOCK TRL CHANHASSEN MN 55317- 9700 FLINTLOCK TRL 4 K� t7i AGENDA? CHANHASSEN PLANNING COMMISSION — TUESDAY, SEPTEMBER 17, 2019, 7:00 PM CITY COUN E 7700 T BOULEVARD A. CALL TO ORDER S I a ' B. PUBLIC HEARINGS 1. Consider a Request for a Variance to Replace and Move a Septic System to the Bottom of the Bluff at 1181 Homestead Lane ✓ff� C. APPROVAL OF MINUTES A� Approve Planning Commission Minutes dated September 3, 2019 D. ADMINISTRATIVE PRESENTATIONS ;& i-s I. City Council Action � � � 0-4E. ADJOURNMENT L&;— F. OPEN DISCUSSION NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official by-laws. We will make every attempt to complete the hearing for each item on the agenda. If, however, this does not appear to be possible, the Chairperson will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the public record based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it is up to each individual City Council member and Mayor if they want it to be made part of the public record or not. There is no State Statute that forces the Mayor or City Council to share that information with the public or be made part of the public record. Under State Statute, staff cannot remove comments or letters provided as part of the public input process. 740 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on September 5, 2019, 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 to consider a request for a variance to replace and move a septic system to the bottom of the bluff on property located at 1181 Homestead Lane, Planning Case No. 2019-12 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kim T. Meuv)iskn, Deputy Subscribed and sworn to before me thi day of / , 2019. Notary Public 10JEAN M STECKLING yI AAAAAAAAAM MARRAR.M1 Notary PW"Wwesoft SCANNED Ny OOIIIIi�I. !!YU,110$1,'2MM 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 tices not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City tices 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. 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 arse out of the users access or use of data provided. 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 tices not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City tices 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. 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 arse out of the users access or use of data provided. ((TAX NAME)) aTAX_ADD_LU ((TAX_ADD_L2)),((TAX_ADD_L3)) ((Next Record))((TAX_NAME)) «TAX_ADD_LU ((TAX_ADD_1-2)), ((TAX_ADD_L3)) Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 17, 2019 at 7:00 p.m. This hearing may not ' start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers 7700 Market Blvd. The purpose of this hearing is to consider a request for a Proposal: variance to replace and move a septic system to the bottom of the bluff. Zoned Rural Residential (RR). Property Owner: John Jensen Property 1181 Homestead Lane Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following What Happens steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the roll If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2019-12. If you wish to talk to someone about this project, please contact MacKenzie Young -Walters by email at mwalters(cDci.chanhassen.mn.us Questions & or by phone at 952-227-1132. If you choose to submit Comments: written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subtlivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a Public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified 0 the application in writing Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes ell pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item "it be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item end make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, low use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commeroiallindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal, Stag is also available to review the project with any interested person(a). • Because the Planning Commission holds the pubtic hearing, the City Council does not. Minutes are taken and any correspondence regarding the application wilt be included in the report to the City Coloneltl you wish to have something to be Included in the report lease contact the Planning Stag person named on the notification. Date &Time• Tuesday September 17, 2019 at 7:00 p.m. This hearing may ' not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Proposal: variance to replace and move a septic system to the bottom of the bluff. Zoned Rural Residential (RR). Property Owner: John Jensen Property 1181 Homestead Lane Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following What Happens steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cl.chanhassen.mn.us/2019-12. If you wish to talk to someone about this project, please contact MacKenzie Young -Walters by email at mwaltersCDci chanhassen.mn.us Questions & or by phone at 952-227-1132. If you choose to submit Comments: written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Precedent: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be noted of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request Al the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will W opened for the public to speak about the proposal as a part of the hewing process. The Commission will Goss the public Fearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Coundl except rezonings and land use amendments from residential d commerciallinduslrial. • Minnesota State Statute 519.99 requires all applications, to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. My person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spO espersonlrepresentative is encouraged to provide a contact for the ery. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is else available to review the project with any interested person(s), • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Conn& ff you wish to have something to be Included in the town please contact the Planning Steff person named on the notfcation. PIN TAX NAME 256100080 JOHNNIE 1 & ELAINE A MEYERING 256100130 PAUL A PERKINS 256100140 MARC D GRAMS 256100150 IAN MA17HEW DUNN 256100160 BRIAN 1 & MICHELLE R O'DONNELL 256100170 SUDEEP BHAT 256100180 LINDA M BLOUDEK REV TRUST 256100190 JOHN JENSEN II 256100200 WILLIAM G & ELIZABETH M AHERN 250260600 G&M LAURENT FAMILY LTD PTRSHP 250260620 STATE OF MINNESOTA - DOT 256100090 JAMES L BROWNELL REV TRUST 251550022 TIMOTHY A & DAWNE M ERHART 256100060 RONALD L & KOLLEEN M BROWN 256100070 MEGAN A STEWART TAX_ADD_Ll TAX_ADD_L2 TAX_ADD_1.3 SHAPE.STArea() 1050 HOMESTEAD LN CHANHASSEN MN 55317-8634 1050 HOMESTEAD LN 1051 HOMESTEAD LN CHANHASSEN MN SS317-8611 1051 HOMESTEAD LN 1101 HOMESTEAD LN CHANHASSEN MN 55317-8613 1101 HOMESTEAD LN 1131 HOMESTEAD LN CHANHASSEN MN 55317- 1131 HOMESTEAD LN 1151 HOMESTEAD LN CHANHASSEN MN 55317-8613 1151 HOMESTEAD LN 1161 HOMESTEAD LN CHANHASSEN MN 55317-8613 1161 HOMESTEAD LN 1171 HOMESTEAD LN CHANHASSEN MN 55317-8613 1171 HOMESTEAD LN 1181 HOMESTEAD LN CHANHASSEN MN 55317-8613 1181 HOMESTEAD LN 1191 HOMESTEAD LN CHANHASSEN MN 55317-8613 1191 HOMESTEAD LN 23655 ZINN AVE PRIOR LAKE MN 55372-8885 1371 PIONEER TRL 395 JOHN IRELAND BLVD 631 TRAN ST PAUL MN 55155-1801 70 LAKE RILEY TRL CHANHASSEN MN 55317-4541 1190 HOMESTEAD LN 9611 MEADOWLARK LN CHANHASSEN MN 55317-8695 9650 FLINTLOCK TRL CHANHASSEN MN 55317-8605 9650 FLINTLOCK TRL 9700 FLINTLOCK TRL CHANHASSEN MN 55317- 9700 FLINTLOCK TRL 0 • Generous, Bob From: Aanenson, Kate Sent: Friday, September 13, 2019 8:03 AM To: Tietz, John Cc: Generous, Bob Subject: RE: Planning Commission/Variance Thanks for your feedback John. Kate -----Original Message ----- From: John Tietz <jtietz8l@gmail.com> Sent: Friday, September 13, 2019 5:02 AM To: Aanenson, Kate <kaanenson@ci.chanhassen.mn.us> Subject: Planning Commission/Variance Kate I concur with staff and engineering recommendation to deny the variance request for the septic system. There are engineering options available to the owner. Times and system design options/standards have changed since 1987. No question this request should be denied. John John C. Tietz 612.670.9412 jtietz8l@gmail.com Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES Laurie A. llartmarm, being duly sworn, on oath says that she is the publisher or the authorized NOTICE OF PUBLIC agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Yd- HEARING lager and has full knowledge of the facts herein stated as follows: PLANNING CASE NO.2019-12 NOTICE IS HEREBY GIVEN that the Chanhassen Planning (A) These newspapers have complied with the requirements constituting qualification as a legal Commission will hold a public newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as hearing on Tuesday, September amended. 17, 2019 at 7:00p.m. in the Council G� Chambers in Chanhassen City (B) The printed public notice that is attached to this Affidavit and identified as No.�Z� Hall, 7700 Market Blvd. The was published on the date or dates and in the newspaper stated in the attached Notice and said purpose of this hearing is to Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of consider a request for a variance the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both to replace and move a septic inclusive, and is hereby acknowledged as being the kind and size of type used in the composition at 1181 Homestead Lane. Zoned an system to the bottom the bluff d publication of the Notice: Lane. Rural Residential (RR). Owner: John Jensen. abcdefghijklmnopqrstu2pwxyz A plan showing the location of the proposal is available �I for public review on the city's web site at www.ci.chanhassen. Y mn.us/2019-12 or at City Hall Laurie A. Hartmaan during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with Subscribed and sworn before me on respect to this proposal. MacKenzie Young -Walters Associate Planner Email: mwalters@ this day of 019 ci.chanhacsen.mn.us n.us Phone: 952-227-1132 JYMME JEANNETTE BARK (Published in the Chanhassen Pillager on Thursday, September Is-,- 5, 2019; No. 4781) NOTARYPUBLICMINNESOTA - No is MY COMMISSION EXPIRES 01131I23 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ S31.20 per column inch Rate actually charged for the above matter ................................... _......... S13.62 per column inch Cpy1'h�� CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2019-12 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 17, 2019 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a variance to replace and move a septic system to the bottom of the bluff at 1181 Homestead Lane. Zoned Rural Residential (RR). Owner: John Jensen. A plan showing the location of the proposal is available for public review on the city's web site at www.ci.chanhassen.mn.us/2019-12 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Young -Walters Associate Planner Email: mwalters@.ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on September 5, 2019) SCANNER gAp1an\2019 planning cases\19-12 1181 homestead lane var\ph notice to villager.docx COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY OF CHSSEN Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: August 20, 2019 September 5, 2019 August 16, 2019 Contact: Contact Phone: Contact Email: MacKenzie Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Planning Commission Date: City Council Date: 60-Day Review Period Deadline: September 17, 2019 at 7:00 p.m. September 23, 2019 at 7:00 p.m. October 15, 2019 Application: Request for a variance to replace and move a septic sstem to the bottom of the bluff at 1181 Homestead Lane. PlanningCase: 2019-12 Web Page: www.ci.chanhassen.mn.us/2019-12 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adiacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ® Fire Marshal Watershed Districts: ❑ Minnetonka ® Forester ® Park Director ❑ Shorewood ❑ Carver County WMO ❑ Victoria ® Water Resources ❑ Lower MN River ❑ Law Enforcement ❑ Minnehaha Creek Adjacent Counties: ® Riley -Purgatory -Bluff Creek Carver County Agencies: ❑ Hennepin Utilities: ❑ Scott ❑ Community Development El Engineer ❑ Cable TV — Mediacom School Districts: ® Environmental Services ❑ Electric — Minnesota Valley ❑ Historical Society ❑ Electric — Xcel Energy ❑ Eastern Carver County 112 ❑ Parks ❑ Magellan Pipeline ❑ Minnetonka 276 ® Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — Centuryl-ink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water &Soil Resources Authority El❑ Health MN Landscape Arboretum ❑ SouthWest Transit El Historical Society ❑ Natural Resources Forestry ❑ Natural Resources -Hydrology El TC&W Railroad ❑ Pollution Control 1 ❑ Transportation i � / WATER, SEWERS AND SEWAGE DISPOSAL § 19-67 (6) Section 52.032 is amended to read as follows: SSTS must be designed and installed to comply with the following minimum setback distances measured in feet: Soil Treatment and Dispersal Tank(s)/ Area/Unsealed Building Sewer Feature Sealed Privy Privy or Supply Pipes Private, single-family water supply 50 100 50 well with less than 50 feet of casing and not encountering 10 feet of im- pervious material.' Any other private, single-family wa- 50 50 50 ter supplvl well or buried water suc- tion pipe. Buried pipe distributing water un- 10 10 10 der pressure.3 Structure(s)' 10 20 - Property lines and road rights -of- 10 10 - way.s Above grade sys- tems will be mea- sured from the toe of the slope.' Ordinary high water mark of natu- 150 150 - ral environmental lakes.' Ordinary high water mark of recre- ational development lakes and pro- 75 75 - tected watercourses.' Ordinary high water mark of gen- 50 50 - eral development lakes.' Swimming pool. 10 10 - Slopes of 20% or greater. 20 20 - Bluff. 50 50 (Average grade 25% slope and has a 25' rise in elevation.) ' (Minnesota Rules, Chapter 7080.1710, Item B and Minnesota Rules, Chapter 4725). ' (Minnesota Rules, Chapters 4725 and 4715), 3 (Minnesota Rules, Chapter 4715). 4 (Minnesota Rules, Chapter 7080.215 Table VII). 5 (Minnesota Rules, Chapter 7080.215 Table VI). ' (When lot size prohibits meeting the required ten -foot setback from the toe of the slope, the ten -foot setback may be measured from the absorption area, with department approval and a survey verifying the proposed setback. Said survey must be provided by the property owner at the property owner's expense.) ' (Shoreland Management Act and Minnesota Rules, Chapters 6105 and 6120). (7) Section 52.052 shall be deleted. (8) Section 52.061 shall read as follows: An SSTS construction permit must be obtained by a licensed contractor from the city prior to the installation, construction, replacement, modification, alteration, repair, or capacity expansion of an SSTS. The purpose of this Supp. No. 7 CD19:17 On -site Disposal Systems There are several areas within the City of Chanhassen that are currently on septic systems. Some of these areas arc developed with one or two acre lots that could be developed or subdivided with sanitary sewer service. Figure 3.6 in Appendix A presents the lots which currently utilize septic systems. The areas are primarily located in the districts south of the Highway 212 corridor. The remaining existing septic systems are scattered throughout the remainder of the city in areas with larger lots. There are currently 388 Subsurface Sewage Treatment Systems (SSTS) in the community with 380 serving residential and eight serving commercial/industrial uses. Chapter 19, Article IV of the Chanhassen City Code addresses SSTS, which provides regulation for the design and maintenance of SSTS. The city adopts by reference and incorporates Carver County's "Subsurface Sewage Treatment Systems Purpose, Intent, and Authority" subject to the amendments set forth in our code. These regulations implement and enforce MPCA 7080 regulations. O=s•//Iibrarvmunicode.com/nm/chanhassen/codes/code of ordinances?nodeld=CICO CH19 WASESEDI ARTIVSUSETRSY ) SSTS are required to be pumped every three years. A compliance report must be completed upon the sale of a home that is served by SSTS, unless one has been completed within the last three years. UC 1( 1 i- 1j,_ COMMUNITY DEVELOPMENT DEPIevarMd C 'Y OF CHANHASSEN Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date. ' I U �PC Dates` 1 a 7 CC Date 60-Day Review Date: I .t S Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review...................................................$150 ❑ Site Plan Review (SPR) ❑ Administrative..................................................$100 ❑ Commercial/Industrial Districts• ...................... $500 Plus $10 per 1,000 square feet of building area. (_ thousand square feet) 'Include number of existing employees. 'Include number of newemployees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit (_ units) I L Notification Sign (City to install and remove) ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots .... ........ ........... $600 + $15 per lot ( lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots ........... ................................... $150 ❑ Lot Line Adjustment ............. ............................ $150 ❑ Final Plat ............. ..................... ........................ $700 (Includes $450 escrow for attorney costs)` 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ....................................................... $200 Property Owners' List within 500' (City to generate after pre -application meeting) .................................................. $3 per address (_J_�(_ addresses) Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 doss.) Easements (_ easements) ❑ Deeds TOTAL FEE: N Section 2: Required Information Description of • ••• . .. . • . .. . . - - .. • the edge cLthae-rr-. -••••�et on Property Address or Location: 1181 Homestead Lane Parcel #: 10 Legal Description: Section 26 Township 116 Range 023 Total Acreage: 2.5 Wetlands Present? ❑ Yes ❑ No Present Zoning: Mixed Low Density Residential District (I Requested Zoning: Not Applicable Present Land Use Designation: Residential Low Density Existing Use of Property. Single family home []Check box if separate narrative is attached. Requested Land Use Designation: Not Applicable APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax'. Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct. Name: John Jensen Contact: Address: 1181 Homestead Lane Phone: 612-790-3614 City/State/Zip: Chanhassen, MN 55317 Cell: 612-790-3614 Email: jjensenii2@msn.com Fax: Signature: Date: This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. 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. PROJECT ENGINEER (if applicable) Name: Address: City/State/Zip: Email: Contact: Phone: Cell: Fax: Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: ❑✓ Property Owner Via: Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. and deliver to city along with required documents and payment. SUBMR FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMT FORM Tariance Request 1181 Homestead Lane 0 1. The septic system at 1181 homestead was found to be failing during an inspection of the property. The septic system needs to be replaced because there are no available sewer lines. 2. A Variance is being requested to put the septic system at the bottom of the bluff. Any septic system that is installed within 50 feet of the bluff with 25%grade requires a variance. Because of an easement on the property extending 75 feet into the property, the septic system has to be installed closer to the bluff. 3. This placement of the septic system at the bottom of the bluff is the optimal placement a. Installing the septic system at the top of the bluff would also require a variance b. This will bean optimal place as it will allow for ease of connection to a future sewer system. There is sewer pipe along the property, but it is not currently connected to the city sewer system. This will be a future development. c. Moving the entire system to the front yard would also be problematic as there is not enough workable space to install a system. d. The easement of 75 feet, does not allow for the septic system to be installed further away from the bluff. e. The septic system when installed will still be 75 feet from the property line due to the easement. f. Several properties along Homestead lane have Septic systems at the bottom of the bluff, however they have additional flat land and may not have needed a variance. gcty*�F2�= • Tree Coverage • In the area where the septic system is planned to be installed, there are no living trees over six inches in diameter. There are also no large trees close to the planned installation area. We do not anticipate having to remove any large trees. While this is not required and not part of the permit or variance, the plan is to also remove most of the invasive Buckthorn present in the are of the septic system and along the easement line. We will add new trees where possible. CITY OF CHANHASSEN • • P 0 BOX 147 CHANHASSEN MN 55317 08/05/2019 3:45 PM Receipt No. 00415932 CLERK: AshleyM PAYEE: John & Julia Jensen 1181 Homestead Lane Chanhassen MN 55317- ------------------------------------------------------- Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 42.00 Total Cash Check 1002 Change �,L IM616, 0.00 492.00 0.00 1181 HOMESTEAD LANE - PLANNING CASE NO. 2019-12 $200.00 Variance $200.00 Notification Sign $42.00 Property Owners List (14 addresses x $3 each) $50.00 Escrow for recording variance documents $492.00 TOTAL $492.00 Check1002 from John & Julia Jensen $0.00 $0.00 BALANCE OWED SCMrtEu Parcel ID Number f 100190 Taxpayer Name JOHN JENSEN II Mailing Address ..: 1181 HOMESTEAD LN CHANHASSEN, MN 55317-8613 Property Address Address 1181 HOMESTEAD LN City CHANHASSEN, MN 55317 Parcel Information - Uses Res 1 unit GISAcres 2.5 Net Acres 218 Deeded Acres 2.5 Plat PIONEER HILLS Lot 010 Block 003 Tax Description Building Information Building Style 1 Story Frame Above Grade 2456 Finished Sa Ft Bedrooms 4 Year Built 1986 Garage Y Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 WS 064 RILEY PURG BLUFF N N N Assessor Information Estimated Market Value 2018 Values (Payable 2019) 2019 Values (Payable 2020) Last Sale Land $206,900,00 $217,200.00 Date of Sale 12/19/2017 Building $127,600.00 $141,200.00 Sale Value $336,000.00 Total $334,500.00 $358,400.00 Tne Gala prouden ne,exnn s for reference purposes only To¢ data ;snet suaaole Toll agaieng,naenngsurveymg or other similar purposes. Carver County does nor giclantse the accuracy of the dfomrabai contained herein This data rs famished on an as is basis add en Carver County makes no representations or warrantiesithN d a . eexpresseimplied. for the merchantatt1m, or fitness of the information provided for any purpose Thrs disclaimer is provided pursuant to Minnesota Statutes §466 03 and the user of the data provided harem acknowledges that Carver County shall not be Table for any tlamages,. and by using this data in anyway expressly waives all claims. and agrees to defend rdomnrfyam hold harmless Carver County. as ofieals officers agentsemployees. etc fro r any and all claims brought by anyone who uses the information provded for herein its employees or agentsor third padres which arse out of users access By acceptance of this data the user agrees not to transmit ihrs data or provide access to it a any part of d to another party unless the user nclr des wth the data a copy of this dau:1,n er Thursday, August 1, 2019 MANNED Carver County. MN 0 ( 'D W, tn ,y e R ,n F • 1 Y� ♦t CERTIFICATE OF SURVEY for: JOHN JENSEN DESCRIBED AS: Lot 10, Block 3, PIONEER HILLS Carver County Minnesota ADDRESS: 1181 Homestead Lane Chanhassen MN 55317 NOTE: THE PURPOSE OF THIS SURVEY IS TO SHOW THE PROPOSED SEPTIC AND EXISTING BLUFF FOR A VARIANCE APPLICATION.. EXISTING CONTOURS ARE FROM LIDAR AND EXISTING TOPOGRAPHIC FEATURES ARE FROM A COMPILATION OF OLD SURVEYS AND AERIAL PHOTOGRAPHY. PROPOSED SEPTIC LOCATIONS ARE FROM FIELD MEASUREMENTS. I �� // IIIIIIIIIIIII�II�II�II11� l \9z? I /�/ 1111 Ili I I I I I I 181 I li 11y \\ d.9k-EAST f I ` \ I I I I\ 1 I ____ m q AI - h I I 1 ! li e\ - \� =— 1 t. p\ \ �`', A� miJ tD 1 > 3 2 � Stop EASTING HOUSE5 1181 HOMESTEAD N. EXISTING DRIVE LE 9123 Ono m 0 WELL - UNDER \ �I W cl� 20RX AET EAVE OF HOUSE0W � / I 1 1 ♦ • \ c^ I Z 1 �- I< w X L0 LU - I ,� m I co o III'��M1� 0 - -- m -1 /-1 1 - ��1_ --- -- ° -� J -i- 2.811E T 30 LEGEND Denotes Proposed Elevation XXX.X Denotes Existing Elevation —� Denotes Surface Drainage — — — Denotes Drain. and Utility Ease. • Denotes Iron Pipe Found REVISED 8/19/19 CITY COMMENTS 0 Denotes Iron Pipe Set SISLAND SURVEYING CERTIFICATION--900-- Denotes Existing Contour iCANNED 2 864 580 Christian Dr. 1 hereby certify that this plan, specification, or report was prepared Denotes Proposed Contour S' Chaska, MN 55318 Li me or under mydirect under the law and that I to a duly Assumed Bearings 612-418-6828 Licensed Land Surveyor under the laws of the State of Minnesota. Denotes Bluff Area /n/ �n 0 50 8/19/19 Denotes 20% Slope Scale in Feet JOB No.: 1914 Curtiss J. Kallio, Uc. No. 26909 Date Denotes 25% Slope CERTIFICATE OF SURVEY for: JOHN JENSEN DESCRIBED AS: Lot 10, Block 3, PIONEER HILLS Carver County Minnesota ADDRESS: 1181 Homestead Lane, Chanhassen, MN 55317 NOTE: THE PURPOSE OF THIS SURVEY IS TO SHOW THE PROPOSED SEPTIC AND EXISTING BLUFF FOR A VARIANCE APPLICATION. EXISTING CONTOURS ARE FROM LIDAR AND EXISTING TOPOGRAPHIC FEATURES ARE FROM A COMPILATION OF OLD SURVEYS AND AERIAL PHOTOGRAPHY. PROPOSED SEPTIC LOCATIONS ARE FROM FIELD MEASUREMENTS. I I �� I IIIII►Illl�lllill'iI"�////"/ / I '� � �j/ / 1 'I I ' � I II i ` va�� I A 1 I I I\ I 1 �IIII�IIII�I I g Iol {�\ o I I I I\ -5".9A-EAST ----- — --- — --- /2OCK� III II II I I I I\�`�� 9, a 9�� ` LLj I ID571NG HOUSE ` WELL — UNDER EXISTING DRIVE1181 HOMESEAD LN. / \\ \ \\\ • G\ o LFE 912t \ co gN 2°AT W EAVE OF HOUSEwz 1 I %�xC�_ \\ �9j LJ \ \ I g I a o i o I T li&� Ito I I I �' \ \�� \\�`� �� / \ I 1 ' IQ / a lots it i I ,Ilk :__. •:� 11 III r l 1 1' o I ,. a \ —ate- •, I o I I At 06 / / I N \ m 2.81I 30 EST � lr LEGEND XX.X Denotes Proposed Devotion XXX.X Denotes Existing Elevation —� Denotes Surface Drainage — — — Denotes Drain. and Utility Ease. • Denotes Iron Pipe Found REVISED 8/19119 CITY COMMENTS O Denotes Iron Pipe Set SCANNEr A CERTIFICATION --900-- Denotes Existing Contour ` SIS2 LAND SURVEYING 864 Denotes Proposed Contour 2680 Christian Dr. I hereby certify that this plan, specification, a report was prepared S IIN Chaska, 8- 828 Li me s or under mydirect under er the law and that I am a duly 0 Assumed Bearings 612-418-6828 Licensed Land Surve r under the laws of the State of Minnesota. Denotes Bluff Area _Ltnt 8/19/19 — — — Denotes 20% Slope Scale in Feet JOB NO.: 1914 Curtiss J. Kollio, Uc. No. 26909 Date — — — Denotes 25% Slope 1181 Variance Documents 40 Documents included: Application Additional items numbered: 1. Description of request and justifications 2. Diagram of property showing current buildings, bluff line, easement and proposed building location for septic system 3. Detailed diagram starting at the easement line showing placement of septic system, 20% and 25% slope locations. Diagram shows that septic system will be installed up to the 20% slope. It shows 20 and 25% slope up to 115 feet from easement line. 4. Property ownership information