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9. Preliminary Plat, 6630 Horseshoe Curve, rook Place, Michael LynchCITY OF CHANHASSEN PC DATE: May 15, 1996 CC DATE: June 10, 1996 CASE #: 96-9 SUB U STAFF REPORT PROPOSAL: Preliminary plat approval to subdivide 1.08 acre parcel into two single family lots of 19,478 sq. ft., and 27,659 sq. ft., and a variance to the right - of -way width, Rook Place LOCATION: 6630 Horseshoe Curve APPLICANT: Michael Lynch 6630 Horseshoe Curve Chanhassen, MN 55317 PRESENT ZONING: RSF, Residential Single Family ACREAGE: 1.08 acres DENSITY: 1.8 Units per Acre ADJACENT ZONING AND LAND USE: N - RSF; Residential Single Family S- RSF; Residential Single Family E - RSF; Residential Single Family W - RSF; Residential Single Family WATER AND SEWER: Sewer and water are available to the site. AWN by Clty A&khftW Endorsed 90001 ob —,5' -fib Dete Submitted to Commfealolt Date Submitted to Courr! G - io- 96 t2 PHYSICAL CHARACTER: The site contains a single family residence, a shed, and a garage. The site slopes to the southwest. Mature trees of different species are scattered throughout the site. 2000 LAND USE PLAN: Residential Low Density ' Rook Place May 15, 1996 ' Page 2 PROPOSAL /SUMMARY The applicant is requesting approval to subdivide 1.08 acre parcel into two single family lots. Lot 1 will be available for future construction. The site is bordered by Horseshoe Curve on the east and west. Single family homes are located along the north and south of the property. The site will be accessed via Horseshoe Curve. Horseshoe Curve has a 30 foot right -of -way. The City ordinance requires a 60 foot right -of -way. Since this is an established neighborhood, staff believes the applicant should dedicate an additional ' 10 feet, allowing for a total of 40 foot right -of -way. The proposed lots meet the minimum requirement of the Zoning Ordinance. The site generally ' slopes to the southwest. The natural drainage way will be maintained. ' The Park and Recreation Commission is recommending that park and trail fees be paid in lieu of park land. Staff believes that this plat request is a reasonable one and consistent with guidelines established by the city Comprehensive Plan and Zoning Ordinance. We find it to be well designed. We are recommending that it be approved with conditions as outlined in the report. ' BACKGROUND ' On March 22, 1910, the subdivision of Pleasant View was signed and recorded. It consisted of 52 single family lots. Rook Place, which is a street that was never improved, located north of the subject property, was vacated and a portion of the street was given back to the owner of the subject property (Mr. Lynch). The current application is to divide Lot 51, Pleasant View and a portion of Rook Place into two lots. ' SUBDIVISION The applicant is proposing to subdivide a 1.08 acre site into 2 single family lots. The density of the ' proposed subdivision is 1.8 units per acre. Both lots meet or exceed the minimum 15,000 square foot of area. Lot 1 is proposed to have an area of 19,478 sq. ft., and Lot 2 will have a total area of ' 27,659 sq. ft. There is an existing garage on proposed Lot 1 and a shed on proposed Lot 2. Both structures must be moved. The shed is a nonconforming structure since it is built on the side property line. This nonconformity will increase through the subdivision by not giving the structure a rear yard setback. The shed must be located 10 feet from the side lot line and five feet from the rear lot line. The garage is proposed to be removed. This action must take place prior to recording of the plat. Rook Place May 15, 1996 Page 3 Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. PARK AND RECREATION The Park and Recreation Commission recommended full park and trail fees be paid as a condition of approval. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Home Home Area Width Depth Setback Ordinance 15,000 sq. ft. 90' 125' 30' front/rear 10' sides Lot 1 19,478 sq. ft. 311.19 125' 30' front 10' sides Lot 2 27,659 sq. ft. 147.98 142.7' 30' front/rear 10' sides WETLANDS There appears to be no wetlands on -site GRADING AND DRAINAGE The site sheet drains in a southwesterly and southeasterly direction. Some of the slopes on the site are fairly steep. Very little grading will be necessary to construct a dwelling on the new lot. A detailed grading, drainage and erosion control and tree preservation plan should be required at time of building permit issuance for City review and approval. Drainage from the site appears to be minimal. With construction of the home, the neighborhood drainage pattern will have to be maintained. Drainage swales are proposed around the rear of the house. Depending on the exact home placement, these drainage swales may or may not be needed. These items will be further reviewed at time of building permit issuance. I 1 C' I 1 1 L 11 1 I 1 Rook Place May 15, 1996 Page 4 SURFACE WATER MANAGEMENT FEES, In accordance with City Ordinance, each new subdivision is subject to Surface Water Management Fees (SWMP fees). The ordinance exempts existing households from this charge. The newly created lot will be subject to surface water quality and quantity fees in the amount of $800.00 and $1,980.00 per acre, respectively. These fees are due and payable at time of final plat recording. UTILITIES Municipal sewer and water service is available to the lot from Horseshoe Curve. The existing home is currently connected to City sewer and water as well. Depending on previous assessments, the new lot may be subject to sewer and water hookup fees. STREETS The streets in this area are fairly old and substandard in comparison to today's standards. The right -of -way width is currently 30 feet wide which is significantly deficient compared to today's 60 -foot right -of -way standard. However, staff believes that an additional 10 feet of right -of -way should be dedicated with the final plat on both Horseshoe Curve streets to attempt to bring the subdivision into conformance. In the future these streets will be upgraded and additional right - of -way will also then be needed. The additional right -of -way will not prohibit the building on the lot given the setback requirements. BUILDING PADS Locations of proposed dwelling pads and the type of dwelling is necessary to enable the Inspections Division and Engineering Department to perform a satisfactory plan review of the structure at the time of building permit issuance. For the same reason, proposed lowest level floor elevation, entry floor elevation (not top of block) and garage floor elevation is required to be indicated on the proposed pad location. Standard designations (FLO or RLO, R, SE, SEWO, TU, WO) must be shown for proposed dwelling types. These standard designations lessen the chance for errors during the plan review process. The memo explaining these designations is enclosed. DEMOLITION PERMITS Existing structures on the property which will be demolished will require demolition permits. Proof of well abandonment must be furnished to the City and a permit for septic system abandonment must be obtained and the septic system abandoned prior to issuance of a demolition permit. Rook Place May 15, 1996 Page 5 LANDSCAPING/TREE PRESERVATION The applicant has submitted tree inventory and removal plans for the proposed one -lot subdivision. According to the applicant, existing tree canopy coverage is 42% or 19,890 sq. ft. For low density residential development with a 42% coverage, the required minimum coverage required after construction is 35% or 16, 467 sq. ft. The applicant is proposing to remove 3,420 sq. ft. leaving exactly 35% coverage. However, after inspecting the site and reviewing development plans it appears that more trees will be removed than what is depicted on grading plans. At least six trees are very close to, one is within, proposed grading limits. The applicant will need to show plans for preserving these trees. If the trees are removed, the applicant will exceed the minimum canopy coverage required for the site and be required to replace inches lost at a rate of 1.2 times the canopy area lost. Preservation of the trees has not been adequately addressed by the applicant and must be discussed before city approval. PLANNING COMMISSION UPDATE On May 15, 1996, the Planning Commission reviewed and approved this application. A number of issues were raised. These issues are as follow: The Engineering Department requested a 10 foot right -of -way be dedicated with this plat to provide for a total of 40 foot wide right -of -way. The Planning Commission felt that there is an established standard in the neighborhood and that the right -of -way might not be used to widen the street in the future since there are steep grades, mature trees, and structures along the existing right -of -way. Planning staff discussed this issue in detail with engineering staff. The City Engineer requested that the City Council consider the dedication of the 10 foot right -of -way. Their reasoning was that the road will have to be improved some time in the future. Even if the road is not widened, it will be difficult to complete a reconstruction project within a 30 foot wide right -of -way. If the acquisition of this right -of -way is needed (in the future), the City will have to purchase it at City expense. The second issue relates to the existing garage. The zoning ordinance prohibits the building of accessory structures prior to a primary structure. If the subdivision was recorded, the garage will be located on the newly created lot which will create a nonconforming situation. The Planning Commission recommended the applicant be permitted to keep the existing garage until a new garage has been built. Staff is comfortable with this recommendation. However, we recommend that the applicant be required to escrow the cost of removing the garage with the City. Should the applicant fail to do the work, the City will be able to remove it. Also, we recommend the garage be I Rook Place May 15, 1996 ' Page 6 ' removed within 30 days after the new garage has been built. Also, no building permits will be issued for the new lot unless the garage has been removed. ' PLANNING COMMISSION RECOMMENDATION, The Planning Commission recommended the City Council approve the preliminary plat for Rook ' Place Subdivision # 96 -9, as shown on the plans dated April 13, 1995, subject to the following conditions: The appli ar:t ahall ded -iem en the f plat 10 f of addit ional right -of -way for Horseshoe Curve shall conform with the neighborhood. ' 2. A detailed grading, drainage, erosion control and tree removal plan will be required for Lot 1, Block 1 at time of building permit application. ' 3. The applicant shall be responsible for Surface Water Management Fees accordingly to local ordinances. Currently, the single - family rate is $2,780 per acre. These fees are due ' at time of final plat recording. 4. Full park and trail fees be paid in accordance with City Ordinances. ' 5. Tree preservation fencing must be installed at the edge of all grading limits near trees before grading can begin. Applicant will submit to the city proposed tree fencing ' locations. 6. The applicant must submit tree preservation plans or new canopy coverage calculations ' taking into account the additional loss of at least six trees. Reforestation may be required. 7. The existing garage shall does not have to be removed until after construction of the ' new garage __- -..____ _ _ recording the fin p W . The shed setbacks must also be brought of _ into compliance prior to recording of the plat. t 8. Building Official conditions: ' a. Revise the preliminary grading plan to show the location of proposed dwelling pads, using standard designations and indicate the lowest level floor, entry level floor and garage floor elevations. This should be done prior to final plat approval. ' b. Obtain demolition permits. This should be done prior to any grading or construction on the property." 1 Rook Place May 15, 1996 Page 7 STAFF RECOMMENDATION Staff recommends the City Council approve the preliminary plat for Rook Place Subdivision # 96- 9, as shown on the plans dated April 13, 1995, subject to the following conditions: 1. The applicant shall dedicate on the final plat 10 feet of additional right -of -way for Horseshoe Curve. 2. A detailed grading, drainage, erosion control and tree removal plan will be required for Lot 1, Block 1 at time of building permit application. 3. The applicant shall be responsible for Surface Water Management Fees accordingly to local ordinances. Currently, the single - family rate is $2,780 per acre. These fees are due at time of final plat recording. 4. Full park and trail fees be paid in accordance with City Ordinances. 5. Tree preservation fencing must be installed at the edge of all grading limits near trees before grading can begin. Applicant will submit to the city proposed tree fencing locations. 6. The applicant must submit tree preservation plans or new canopy coverage calculations ' taking into account the additional loss of at least six trees. Reforestation may be required. 7. The existing garage shall does not have to be removed until after construction of the new garage prior to recor of the fin al pLaA The shed setbacks must also be brought into compliance prior to recording of the plat. The applicant shall escrow the cost of ' removing the garage with the City. Should the applicant fail to do the work, the City will remove it. The garage must be removed within 30 days after the new garage has been built. Also, no building permits will be issued for the new lot unless ' the garage has been removed. 8. Building Official conditions: ' a. Revise the preliminary grading plan to show the location of proposed dwelling pads, ' using standard designations and indicate the lowest level floor, entry level floor and garage floor elevations. This should be done prior to final plat approval. t 1 t 1 1 1 1 Rook Place May 15, 1996 Page 8 b. Obtain demolition permits. This should be done prior to any grading or construction on the property." ATTACHMENTS 1. Application 2. Public hearing and property owners list. 3. Memo from Dave Hempel, Assistant City Engineer, dated May 7, 1996. 4. Memo from Mark Littfin, Fire Marshal, dated April 25, 1996. 5. Memo from Steve Kirchman, Building Official, dated May 6, 1996. 6. Planning Commission minutes dated May 15, 1996. 7. Preliminary plat dated received April 19, 1996. ITEM 1 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937 -1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: Michael Lynch ADDRESS: 6630 Horseshoe Curve Chanhassen, MN 55317 TELEPHONE (Day time) 944 -3666 1. Comprehensive Plan Amendment 2. Conditional Use Permit 3. Interim Use Permit OWNER: Michael Lynch ADDRESS: same LL TELEPHONE: 474 -5642 11 _ _ r /acation of ROW /Easements 12. Variance 1 -7-5 13. Wetland Alteration Permit 4. Non - conforming Use Permit 5. Planned Unit Development 6. Rezoning 7. Sign Permits 8. Sign Plan Review 14. Zoning Appeal 15. Zoning Ordinance Amendment . Notification Signs � 150 9. Site Plan Review X Escrow for Filing Fees/Attomey Cost" $100 CUP /SPRNACNARIWAP (-Minor SUB /Metes & Bounds 10. Subdivision 150 TOTAL FEE $ 100.00 �75 A list of all property owners within 500 feet of the boundaries of the property must Included with the application. Twenty -six full size folded copies of the plans must be submitted. W X 11" Reduced copy of transparency for each plan sheet. NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. Escrow will be required for other applications through the development contract 7 PROJECT NAME LOCATION LEGAL DESCRIPTION t ' PRESENT ZONING J REQUESTED ZONING SC A`VVA PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION R ' REASON FOR THIS REQUEST This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the ' Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party ' whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any ' authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. 1 also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval /permit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City Hall Records. Signature of Applicant -, Signature of Fee Owner ' Application Received on •.I U l �. Fee Paid (bate -� �►L:�1 --,)6 Date ' Receipt No. ' The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. ITEM 3 June 14, 1988 Michael E. & Gloria J. Lynch 6630 Horseshoe Curve Chanhassen, MN 55317 Yo•:.r Ow — .er's Duplicate Certificate of Title \o. 8136 on Lot 51, Pleasant View is now cetplete. This is the only docune ^.t you will recei-•e which verifies your ownership to the real estate and should be kept in YOL"E Possession. Please pick it up at the County Recorder's Office, Courthouse, 600 East 4th Street, Chaska, Minnesota, betwee_m the hours of 8:30 A.M. and 4 :30 P.M., Monday through Friday. If you prefer, we will rail your Certificate of Title to you. Just return this letter along with a check for $2.00 to cover the cost for certified Wail. Please include your correct mailing address. 11 you should have any questions, please call 448 -3435 Ext. 228. Carl W. (Kelly) Hanson, Jr. County Recorder,' registrar of Titles By: s- LI O F S uS L krJ� 5 L L f� 0 d L •� d L 0 C •` �O 0 C— r� C` O F.: C Life s O A ■ ?i L L L x v E H M C H L x v C ® a � r cn v m C1 • S S v J C G • C? m c e i' O :J r � G C: O L G r.^ a y Y ; V T J +• .n T i� cc C` 1 4. G cS O C— C N C \ C � v, r� u 's ITEM 5 Ron Harvieux - 6605 Horseshoe Curve John Danielson - 6607 it " R.P. Brozovich - 6609 it " Thomas Gilman - 6613 It " James Keiper - 6615 If " Lad Conrad - 6625 it " Harold Dahl - 6631 it " Phil Issacson - 6633 it " Doug Bitney - 6645 it " Frank Kuzma - 6651 Evelyn Albinson - 6655 " Tom Hau - 6661 T.R. Johnson - 6663 John Cunningham - 6665 David Kopiske - 6675 Terry Rosen - 6677 " J. Ryan - 6685 " Helen Hartman - 6687 " "For Sale" - 365 Pleasantview Rd. Robert Hanson - 6620 Horseshoe Curve Mike Lynch - 6630 if it Scott Gamble - 6640 if it i J ''r i t• f r • 1 ~ s / 1 r ' ` r s C d,fl' w \r / AS IF 1 _ . 1 '•r '�. � T +� k t W f J3 j JA A l. \ /• 1 ! 10 o f ! ' )� Count; Auditor /.f Carver unt;r Te \\ "+ State :f S' ?nnesc T � T s•; J NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING Wednesday, MAY 15, 1996 at 7:00 p.m. City Hall Council Chambers 690 Coulter Drive Project: Rook Place Developer: Michael Lynch Location: 6630 Horseshoe Curve Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant, Michael Lynch, is requesting preliminary plat of Lot 51, Pleasant View and a portion of vacated Rook Place right -of -way (1.08 acres) into 2 single family lots of 19,478 sq. ft. and 27,659 sq. ft. and a variance to the right -of -way width requirement on property zoned RSF, Residential Single Family and located at 6630 Horseshoe Curve, Rook Place. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmin at 937 -1900, ext. 120. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on May 2, 1996. J Scott Gamble 6640 Horseshoe Curve Chanhassen, MN 55317 H Ron Harvieux John Danielson R. P. Brozovich Horseshore Curve 6607 Horseshoe Curve 6609 Horseshoe Curve ' 6605 Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 ' Thomas Gilman James Keiper Ladd Conrad 6613 Horseshoe Curve 6615 Horseshoe Curve 6625 Horseshoe Curve ' Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 ' Harold Dahl Phil Issacson Doug Bitney 6631 Horseshoe Curve 6633 Horseshoe Curve 6645 Horseshoe Curve Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 ' Frank Kuzma 6651 Horseshoe Curve Evelyn Albinson 6655 Horseshoe Curve Tom Hau 6661 Horseshoe Curve Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 T. R. Johnson John Cunningham David Kopiske Horseshoe Curve 6665 Horseshoe Curve 6675 Horseshoe Curve ' 6663 Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 ' Helen Hartman Terry Rosen J. Ryan 6677 Horseshoe Curve 6685 Horseshoe Curve 6687 Horseshoe Curve ' Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 ' Current Owner Robert Hanson Mike Lynch 365 Pleasant View Road 6620 Horseshoe Curve 6630 Horseshoe Curve ' Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Scott Gamble 6640 Horseshoe Curve Chanhassen, MN 55317 H Richard & Jill Valentine Jeff & Judi Kvilhaug Sandra Olson 6614 Horseshoe Curve 6681 Horseshoe Curve 6691 Horseshoe Curve Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Charles Hurd 6695 Horseshoe Curve Chanhassen, MN 55317 Keith Obermeyer 6697 Horseshoe Curve Chanhassen, MN 55317 Richard & Kathleen Peck 6690 Horseshoe Curve Chanhassen, MN 55317 f I 1 1 1 1 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 MEMORANDUM 1 TO: Sharmin At -Jaff, Planner II FROM: Dave Hempel, Assistant City Engineer 1 DATE: May 7, 1996 1 SUBJ: Review of Preliminary Plat for Rook Place - File No. 96 -14 LUR 1 Upon review of the preliminary plat documents prepared by Schoell & Madson dated April 13, 1995, revised September 8, 1995, I offer the following comments and recommendations: 1 GRADING AND DRAINAGE The site sheet drains in a southwesterly and southeasterly direction. Some of the slopes on the 1 site are fairly steep. Very little grading will be necessary to construct a dwelling on the new lot. A detailed grading, drainage and erosion control and tree preservation plan should be required at 1 time of building permit issuance for City review and approval. Drainage from the site appears to be minimal. With construction of the home the neighborhood 1 drainage pattern will have to be maintained. Drainage swales are proposed around the rear of the house. Depending on the exact home placement, these drainage swales may or may not be needed. These items will be further reviewed at time of building permit issuance. 1 Surface Water Management Fees - In accordance with City Ordinance, each new subdivision is subject to Surface Water Management Fees (SWMP fees). The ordinance exempts existing 1 households from this charge. The newly created lot will be subject to surface water quality and quantity fees in the amount of $800.00 and $1,980.00 per acre, respectively. These fees are due and payable at time of final plat recording. i UTILITIES 1 Municipal sewer and water service is available to the lot from Horseshoe Curve. The existing home is currently connected to City sewer and water as well. Depending on previous 1 assessments, the new lot may be subject to sewer and water hookup fees. Rook Place Preliminary Plat Review May 7, 1996 Page 2 STREETS The streets in this area are fairly old and substandard in comparison to today's standards. The right -of -way width is currently 30 feet wide which is significantly deficient compared to today's 60 -foot right -of -way standard. However, staff believes that an additional 10 feet of right -of -way should be dedicated with the final plat on both Horseshoe Curve streets to attempt to bring the subdivision into conformance. In the future these streets will be upgraded and additional right -of- way will also then be needed. The additional right -of -way will not prohibit the building on the lot given the setback requirements. RECOMMENDED CONDITIONS OF APPROVAL The applicant shall dedicate on the final plat 10 feet of additional right -of -way for Horseshoe Curve. 2. A detailed grading, drainage, erosion control and tree removal plan will be required for ' Lot 1, Block 1 at time of building permit application. 3. The applicant shall be responsible for Surface Water Management Fees accordingly to local ordinances. Currently, the single - family rate is $2,780 per acre. These fees are due at time of final plat recording. Ar in, g:'cng1dave1r0rook.M I 11 [J CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Sharmin Al -Jaff, Planner II FROM: Mark Littfin, Fire Marshal ' DATE: April 25, 1996 RE: Request for preliminary plat of Lot 51, Pleasant View and a portion of vacated Rook Place right -of -way (1.08 acres) into two single family lots of 19,478 sq. ft. and 27,659 sq. ft and a variance to the right -of -way with requirement on ' property zoned RSF, residential single family and located at 6630 Horseshoe Curve, Michael Lynch, Rook Place. ' Planning Case: 96 -9 SUB I reviewed the preliminary plat subdivision for the above project. In order to comply with ' Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or city ordinances /policy requirements. The preliminary plat subdivision review is based on ' the available information submitted at this time. As additional plans or changes are submitted, the appropriate code or policy items will be addressed. 1. No comments or concerns at this time. 1 i 1 ' gJsafety /ml/96 -9 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Sharmin Al -Jaff, Planner II 1 FROM: Steve A. Kirchman, Building Official N`a DATE: May 6, 1996 SUBJECT: 96 -9 SUB (6630 Horseshoe Curve, Michael Lynch, Rook Place) Backeround: I was asked to review the plans stamped "CITY OF CHANHASSEN, RECEIVED, APR 19 1996, CHANHASSEN PLANNING DEPT." for the above referenced project. Below are an analysis and recommendations from the Inspections Division for the proposed project. Analvsis: Building Pads. Locations of proposed dwelling pads and the type of dwelling is necessary to enable the Inspections Division and Engineering Department to perform a satisfactory plan review of the structure at the time of building permit issuance. For the same reason, proposed lowest level floor elevation, entry floor elevation (not top of block) and garage floor elevation is required to be indicated on the proposed pad location. Standard designations(FLO or RLO, R, SE, SEWO, TU, WO) must be shown for proposed dwelling types. These standard designations lessen the chance for errors during the plan review process. The memo explaining these designations is enclosed. Demolition Permits. Existing structures on the property which will be demolished will require demolition permits. Proof of well abandonment must be furnished to the City and a permit for septic system abandonment must be obtained and the septic system abandoned prior to issuance of a demolition permit. Recommendations: The following conditions should be added to the conditions of approval. T 1 1 Sharmin Al -Jaff May 6, 1996 Page 2 1. Revise the preliminary grading plan to show the location of proposed dwelling pads, using standard designations and indicate the lowest level floor, entry level floor and garage floor elevations. This should be done prior to final plat approval. 2. Obtain demolition permits. This should be done prior to any grading or construction on the property. enclosure: January 29, 1993 memorandum G;\safety\sak\memos \p I an \rookp I 1 CITY OF CHANHASSEN 690 COULTER DRIVE • P:O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Inspections, Planning, & Engineering Staff FROM: Steve A. Kirchman, Building Official DATE: January 29, 1993 SUBJ: Dwelling Type Designation We have been requesting on site plan reviews that the developer designate the type of dwelling that is acceptable on each proposed lot in a new development. I thought perhaps it might be helpful to staff to explain and diagram these designations and the reasoning behind the requirements. F1W or RLO Designates Front Lookout or Rear Lookout This includes dwellings with the basement floor level approximately 8' below grade at its deepest with the surrounding grade sloping down to apprordmately 4' above the basement floor level. 1t Designates Rambler. This includes dwellings with the basement floor level approximately 8' below grade with the surrounding grade approximately level. This would include two story's and many4 level dwellings. SE Designates Split Entry. This includes dwellings with the basement floor level approximately 4' below grade with the surrounding grade approximately level. SnWO Designates Split Fatty Walk Out This includes dwellings with the basement floor level approximately 4' below grade at its deepest with the surrounding grade sloping down to lowest floor level. TU Designates Tuck Under. This includes dwellings with the basement floor level approximately 8' below grade at its deepest with the surrounding grade sloping down to the lowest floor level in the front of the dwelling. WO Designates Walk Out This includes dwellings with the basement floor level approximately 8' below grade at its deepest with the surrounding grade sloping down to the lowest floor level in the rear of the dwelling. SE R sEWO yyp FLO - -- - -- or FtLO -- - - - - - Inspections staff uses these designations when reviewing plans which are then passed to the engineering staff for further review. Approved grading plans are compared to proposed building plans to insure compliance to approved conditions. The same designation must be used on all documents in order to avoid confusion and incorrect plan reviews. n %0 PRINTED ON RECYCLED PAPER I ' CHANHASSEN PLANNING COMMISSION REGULAR MEETING ' MAY 15 1996 Chairwoman Mancino called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Craig Peterson, Ladd Conrad, Kevin Joyce, Nancy Mancino, Bob Skubic, Jeff Farmakes, and Don Mehl STAFF PRESENT: Kate Aanenson, Planning Director; and Sharmin Al -Jaff, Planner II ' PUBLIC HEARING: REOUEST FOR PRELIMINARY PLAT OF LOT 51. PLEASANT VIEW AND A PORTION OF VACATE ROOK PLACE RIGHT -OF -WAY (1.08 ACRES) INTO 2 SINGLE FAMILY ' LOTS OF 19.478 SO. FT. AND 27.659 SO. FT. AND A VARIANCE TO THE RIGHT -OF- WAY WIDTH REOUIREMENT ON PROPERTY ZONED RSF, RESIDENTIAL SINGLE FAMILY AND LOCATED AT 6630 HORSESHOE CURVE, ROOK PLACE, MICHAEL ' LYNCH. Mancino: I just have a couple questions. Can you put that back up please? The existing garage is being used right now. ' Al -Jaff: Correct. Mancino: In use. And the applicant is proposing to add onto the house and put in a new ' garage. Al -Jaff: True. ' Mancino: Correct. And is there some way so that the existing garage can stay there during the construction of the new garage? I mean if it's in use and they need something. If the ' applicant needs to put their cars in the garage. When I saw it, you know there were other things in the garage besides cars. Is the applicant, is there some way that they can keep that edifice up and use it while they're building the new one and then once the new one is built, ' then take it down? Al -Jaff: It becomes a non - conforming situation once they record the plat so. 1 Mancino: Can it stay non- conforming for a period of time? If you put a time limit on it. ' Al -Jaff: You could make that a condition. You could put a deadline. What we have one in the past, is we've put a deadline when a structure has to be removed but at the same time we've required that the applicant put up an escrow to guarantee that the structure be removed ' by a certain time. If they didn't remove it, the city can go in and perform the work. Planning Commission Meeting - May 15, 1996 Mancino: Okay. Aanenson: The reason that is, the only leverage now to make sure we get compliance is that before the subdivision is recorded. I think if that's your preference, I'm not sure what the applicant wants but certainly that could be an alternative. If they want to keep the garage, if they're going to put up some security to make sure that it does get removed so it's not non- conforming, we'd be willing to look at that condition. Mancino: Okay. My other question is, upgrading Horseshoe Curve. I mean you know for those of us who have been there. I don't know if everyone went to the site and you look at Horseshoe Curve and you go, if you upgrade it, which you know I don't know what the word upgrade. To me it means that maybe it needs to be resurfaced. That's upgrading. I don't know how you upgrade it to make it wider because of the existing way that area has been built. Meaning that there are many garages which are just right off Horseshoe Curve. There is topography change. There is, I mean there are structures right there. So when I hear you say upgrade, I'm interpreting that to mean that that means keeping the width the same and maybe having to resurface the road when it's in bad shape. And if you're going to do that, do you need to take more right -of -way than what's already there is my question. Aanenson: It may be necessary for utility easements. Storm water easements and that sort of thing. That doesn't necessarily mean the asphalt width is going to change but it provides opportunity for other utility easements on either side. Mancino: Now don't we already have, isn't that, aren't there already sewer and water and everything there? Aanenson: I don't believe there's storm sewer out in that area. Conrad: No, there's no storm sewer. Aanenson: There's no storm sewer. Mancino: Okay. Aanenson: So that's why the 40 foot came. There's 30 right now and that's why the engineering department had recommended just the 10 foot additional just to get it to 40, which would provide the additional easement. Mancino: So if they got 10 additional feet, they would be able to put in storm sewer? 2 1 ' Planning Commission Meeting - May 15, 1996 ' Aanenson: We're just looking long term. What other things could we be looking at? Storm ' sewer would be one issue. Conrad: Is that possible? Aanenson: Well it's one of the areas we've identified as far as water quality issues, you know for Lotus Lake. ' Conrad: So that's not a blue sky type deal? It's possible? Aanenson: Sure. Sure. Mancino: And does that change, going from 30 feet to 40 feet, does that change what the ' applicant can do to that lot as far as where the building can go? Does it make a difference or not? Does it still give the applicant enough area to put the building pad where common sense should go? Al -Jaff: Yes, and actually the more staff looked at this. Originally when I had met with the applicant I said we would need a 30 foot setback but in reality all they needed was a 10 foot because this is sort of like a corner lot. It sort of has that double frontage so they could actually get an additional 20 feet of buildable area. So they could set that home back another 20 feet and get a larger pad than what they are proposing right now. ' Mancino: Okay. Okay. Good. ' Al -Jaff: Very workable. ' Mancino: Okay, thank you. Are there any other questions? Mehl: I have one question on that right -of -way. Where is the, where does the 30 foot ' dimension start? Or where is it, from where to where? Al -Jaff: Center of the street. ' Mehl: Center of the street onto the property. ' Al -Jaff: And then 15 foot on each side from the center of the street. Mehl: Okay. So you're asking for an additional 10 to be dedicated by the applicant? ' 3 Planning Commission Meeting - May 15, 1996 Al -Jaff: Correct. Mancino: Just on that one side. Mehl: On the one side. Now when the street is eventually upgraded, are you going to then increase the right -of -way the entire length of the street? By an additional 10 feet. A] -Jaff: What will happen is right -of -way will be acquired potentially for a total of 50 foot right -of -way potentially. That's what the engineering department would like to see. So it would be 25 feet from the center of the street. The width of the right -of -way I do not believe. I mean the paved section. I don't believe that will change. But the total right -of- way would eventually come up to 50 feet. Mehl: Okay. Can there be structures such as garages and so on within that right -of -way? Al -Jaff: No. Mehl: Okay. So if you go an additional 10 feet on each side of the road then, if there are structures, are they going to be required to be taken down? Al -Jaff: Or moved. Or maybe at that portion we'd just have reduced right -of -way. Mancino: Because they're relatively new buildings within 5 feet of the street, it looks like. I mean I didn't measure. Mehl: So it's possible you could have an inconsistent right -of -way meandering from lot to lot then through the whole length of the street? Aanenson: The only way we can address that, there's unfortunately someone from engineering not here, it's always the city's opportunity when somebody subdivides to try to get future easement if we believe that the opportunity exists to provide any necessary improvements such as storm sewer, which may be in the future. Can we anticipate what's going to happen all the way down and the timing of that? No, but we know that there may be a possibility of possibly doing some storm water projects in the near future so engineering always makes the recommendation that if we have a substandard right -of -way width, to try to at the time of subdivision, to gain the necessary easements at that time. Mehl: Okay, thank you. 4 Planning Commission Meeting - May 15, 1996 ' Mancino: Any other questions for staff at this point? Thank you. Does the applicant wish to ' address the Planning Commission? Mike Lynch: Yes. ...many people had a chance to go through it. Mancino: Could you please give us your name and address? Mike Lynch: Mike Lynch, 6630 Horseshoe Curve. We've been there about 25 years now. Actually the part of the property that I'm going to subdivide, or want to subdivide was the neighborhood dumping grounds for the '64 -'65 tornado. The way it's been used all... we ' moved in. This is color keyed and even though I understand that there may be sometime, somewhere, somehow, some potential for widening this road. If you've been down through there and seen the structures that are there existing now, that's what I'd like to run through and see if you think it's viable. I really don't. There is some selfish interest on my part because if you saw it, that is a triangular lot and the less width across the triangle I have, the further into the corner the house has to go. The topography of the lot is even more pronounced than what you see on the screen. This is a definite flat spot. Right exactly where my hand is, and this is quite a steep grade and a steep grade there. That's the parting line was drawn there. My property's about, my present house is about 30 feet over, ' backwards. It's a straight down drop off and it drops off here to this house. Drops off there to that house. The next house here must be 250 to 300 feet in that direction. The next house here is located about, well you can see a corner of it there. Probably would be 200 and some odd feet away. But there's a definite two layer shot. The street, again on that lot or at the same level. Originally that was a Swedish Covenant Church Camp and in the 1890's it was ' sold. Sold out past that time and then most of our houses are little cabins is where it all started. As this would actually be south. My property right here. Garages. You see in the squares, measured from the edge of the road, the number of feet from the road. 5 feet, 10 ' feet, 8 feet, 8 feet. These are new structures within the last 5 or 6 years. 20 feet. 20 feet. 15 feet. This is my old garage. It's... feet. 15 feet. I believe this is your property Ladd right here. And nothing else around here. Now as you look at some of the other structures, what ' you have here is, what I call a 20 year hedge. In fact the city comes around every once in a while and cuts our hedge back with some sort of a Toro thing because it grows into the road. So that's the green stripes. These are mature lilac that's just kind of basically been there since before I moved there. 20 feet tall. Most of the privacy in the neighborhood is generated by those hedges. The road noise, the level of traffic we get, it does cut it out. I think all of us that live there, those hedges are quite important. The red lines are steep grades. Now we're t talking 30% plus right off the edge of the road. So this is down. That's up. This is up. That's down. The purple are existing new quality retaining walls that are... structures but new ones that have been put in somewhat recently. I've done an informal survey of the neighborhood and everybody would be ... against any kind of change in the road pattern. All the utilities 5 Planning Commission Meeting - May 15, 1996 presently run right down the center of the road. The gas and the sewer and the water. It's rough terrain, if you've been there. This is a very steep hill right here. A long hill there and the road surface is in good condition now... adding new or different underlay on it. I think that's it. What you see right here and what you have seen on the map there is the old road that was platted and since divided by my neighbor and I into ... the original plat. Now I don't plan to build on the lot myself. I simply will be selling the lot to an individual or developer so there are quite a few things that I have hoping addressing staff, I marked up some of them. I don't know what to do with this. For instance, I was interested in when I got to take my existing garage down because I have a number of cars and lawn mowers and both of my sons worldly possessions. They... so that's a massive storage which with the new garage would take the place of it but I don't know what I'd do with the stuff in the meantime. Tree preservation, fencing and there's another note about revising grading plans to show proposed paths and levels of the house. Without a house plan, how am I to know? The one, item number 6. Tree preservation, reforestation. If the house really goes where it should go on the lot, from an aesthetic viewpoint, a practical viewpoint, it should be right in the middle of that, where I put my hand. And due to, well Sharmin's given me a change today that I hadn't heard before. The fact that I could get it closer to this lot line. So the more easement I give up and the further away I am from that lot line, obviously it pushes me to this corner and I have six walnut trees back there that I planted 25 years ago. A nice maple. Then this entire area is open. And if you notice on the, I think it's right in here, or aren't I focusing with my bifocals here. There's a mature and dying white birch tree that's about 50 feet tall and that's really about the only tree that should have to come out. There's a small western pine here that might but otherwise there's plenty of room in there to get a massive house in. Lots of other trees on the lot and somebody ... I'm sure with those existing trees, there's probably closer to 50% coverage on the lot right now. It's heavily wooded. I lost quite a few elms out of there originally. Before I couldn't grow grass. So that's the program. I'm not really, I really don't have any problem with any of the other suggestions by staff. My old garden house needs to come out. That infringes on my neighbor's lot line probably by 6 inches in that corner and that's a plan to take out anyway when the new garage goes in so that's certainly not a problem. So I guess 1, 2, 3. 1 really don't want to give that easement away here and of course I have to give it away on this side as well. I would rather not give the easement away because the more easements that occur in the neighborhood, the more chance that someday, someone may feel that we have to do something with it and due to our plantings and the other large trees that have to come out in that 10 feet, I'd be really upset. And I would like to be able to get enough room in here to move that house down. Other than that, that's... my feelings at this time. Could I answer anybody's questions? Mancino: Any questions from the commissioners? Mike, what are your plans about the garage? Are you going to be starting the new garage soon? Or are you waiting? C7 ' Planning Commission Meeting - May 15, 1996 Mike Lynch: I'd like to sell the property. Get the money and then start with that... process. ' Mancino: And you're hoping to put the lot up for sale right away? ' Mike Lynch: I'd like to this summer, yeah. Mancino: Any other questions? Thank you. ' Mike Lynch: Thank you. ' Mancino: We'd like to open this for a public hearing. Do I have a motion please and a second to open this for a public hearing please. ' Farmakes moved, Conrad seconded to open the public hewing. The public hewing was opened. ' Mancino: This is a public hearing. Anyone wishing to address the Planning Commission on this issue, please do so now. Seeing none, may I have a motion to close the public hearing and a second please. Comad moved, Fwmakes seconded to close the public hewing. The public hewing was closed. ' Mancino: Commissioners. Craig. ' Peterson: Question for staff. The talk about the easement seems to be probably the primary issues. I'm a little confused and need some clarification. If all the other homes in the area, the existing ones are at 15 feet, and this is kind of in the center and doesn't have, a well established neighborhood. Even though our current standards are at 60, we're considering lowering it down to 35 I believe. Is that even logical? If everybody else is at 15, I mean I don't want to have 15 feet and then all of a sudden 30 -35. You can't do anything with it anyway. Are we, should we go back to 15 I guess is my, I'm looking for logic in going higher than 15 if everybody else is at 15. ' Al -Jaff: We have an opportunity at this time to take the right -of -way. That's why the engineers are asking for it. ' Peterson: But I'm asking. t Al -Jaff: Is it logical? 7 Planning Commission Meeting - May 15, 1996 Peterson: What's the probability? I'll put it that way. What's the probability of ever using. Aanenson: I don't think it's the desire to go in and widen that whole street. I don't think that's the program. The only reason you get additional easement is if there's an opportunity for some other utilities or like that that you don't have to acquire additional easements. I don't think it's on the city's plan to go in and put a 50 foot street in there. That's certainly not the city's intention. Peterson: My reaction is I think that the staff has done a fine job in looking at and maintaining what the city needs to do. I look at the neighborhood and the feel of the neighborhood and try to prognosticate what will happen down the road and I just don't see us needing that, that much of an easement and I think because it will affect the placement of the house, so I would approve everything with the exception of the easement. That would be consistent with the rest of the neighborhood and recommend that it be maintained at 15 feet. Aanenson: Do you have any comments on the garage once this is, how to work that? Peterson: Well, I empathize with the need to have A before B happen. I guess I wouldn't have a problem with supporting the applicant's position of prior to the actual build out of the property, that he has the opportunity to sell the property and build out. If we can integrate that into some kind of reasonable motion. Mancino: Ladd. Conrad: Yeah, I think the issues are 1 and 7 in here. Obviously I'm a neighbor of Mike's. I think you've done a good job. I don't have really any issues. I'm probably a little bit biased in the neighborhood. I don't mind right -of -way for good purposes and I do like storm water systems. I'll always vote for anything that says we can improve the water quality. In this case it's just tough for me to believe we've ever going to do it. I just can't imagine it will ever be done in my life time so it's I guess all I can say. I just, if you've been through the neighborhood, it would be a terrificly expensive project to go in there and put a storm water system in, as much as maybe it's needed. But it'd be huge. So I have a tough time dealing with the additional right -of -way and I think I'd like to somehow word number 7 so that the garage can stand until there's some sort of construction or before construction on the second lot that Mike's splitting off. Those are my only comments. Mancino: Thank you. Kevin. Joyce: Basically the same thing. I think staff did a good job. I think they're looking forward here. I can totally understand where they're coming from but it's a beautiful neighborhood. 8 F 1 1 0 1 0 1 1 1 I Planning Commission Meeting - May 15, 1996 I'd just as soon leave it the way it is and I think it would have an affect on the way that house is placed and I worry about those trees. All I looked at were trees. Those beautiful trees and any way we can save one tree, let's do it. And I'd like to accommodate the property owner if possible. I think an escrow account is a good idea Kate so let's try to do it that way and work it in. Mancino: Thank you. Bob. Skubic: Yeah I share the sentiments of the other commissioners. I visited the site and it's hard for me to envision how it would be beneficial to increase the right -of -way given the proximity of the dwellings in that area and I'll favor escrowing... Mancino: Thank you. Jeff. Farmakes: No further comments to make. Mancino: Don. Mehl: Yeah I agree with what's been said here also. I agree with Ladd, it would be very expensive, and I might add that I think it could be very disruptive to the whole area if we put in a storm water system. It very likely would change the character of the street and so I really have nothing more. Mancino: I have no other comments either. I agree with what the other Planning Commissioners have said. Is there a motion please? Peterson: I would make a motion that the Planning Commission recommend approval of the preliminary plat for Rook Place Subdivision #96 -9 as shown on the plans dated April 13, 1995, subject to the conditions 1 through 8 with the changes to 1 being that the right -of -way would be maintained as the rest of the neighborhood, 15 feet. And that item number 7 would be changed so that the existing garage does not need to be removed prior to construction beginning on the lot being created by the additional subdivision. Mancino: Is there a second? Joyce: I'll second it. Mancino: Thank you. Any discussion? Is that clear Sharmin with number 7? Al -Jaffa So you just hold building permits? We basically won't issue building permits. E Planning Commission Meeting - May 15, 1996 Conrad: I believe that would be a good way. Mancino: That would be a really good way to do that. Aanenson: We'd have to check with the attorney's office because we're creating a non- conforming situation so we'll just, we understand your intent. We'll just make sure that we can do that and send that onto Council. Mancino: Pass it onto Council with our intent. Thank you. Peterson moved, Joyce seconded that the Planning Commission recommend approval of the preliminary plat for Rook Place Subdivision 996 -9, as shown on the plans dated April 13, 1996, subject to the following conditions: 1. The right -of -way for Horseshoe Curve shall conform with the neighborhood. 2. A detailed grading, drainage, erosion control and tree removal plan will be required for Lot 1, Block 1 at the time of building permit application. 3. The applicant shall be responsible for Surface Water Management Fees accordingly to local ordinances. Currently the single family rate is $2,780.00 per acre. These fees are due at time of final plat recording. 4. Full park and trail fees be paid in accordance with city ordinances. 5. Tree preservation fencing must be installed at the edge of all grading limits near trees before grading can begin. Applicant will submit to the city proposed tree fencing locations. 6. The applicant must submit tree preservation plans or new canopy coverage calculations taking into account the additional loss of at least six trees. Reforestation may be required. 7. The existing garage does not have to be removed until after construction of the new garage. The shed setbacks must also be brought into compliance prior to recording of the plat. 8. Building official conditions: 10 1 1 1 1 Planning Commission Meeting - May 15, 1996 a. Revise the preliminary grading plan to show the location of proposed dwelling pads, using standard designations and indicate the lowest level floor, entry level floor and garage floor elevations. This should be done prior to final plat approval. b. Obtain demolition permits. This should be done prior to any grading or construction on the property. All voted in favor and the motion carved unanimously. PUBLIC HEARING: REOUEST FOR PRELIMINARY PLAT OF LOT 1. BLOCK 1. RICE LAKE MANOR INTO TWO SINGLE FAMILY LOTS ON PROPERTY ZONED RSF. AND LOCATED AT 8591 TIGUA CIRCLE. RICE LAKE MANOR ESTATES. BARRY MCKEE. Sharmin Al -Jaff presented the staff report on this item. Mancino: Any questions for staff at this point? Peterson: The only question I would have is, do you have any sense of Parcel A that is reserved for future development, how many lots can go on there actually? AI -Jaff: Our ordinance requires 15,000 square feet per lot. There is an issue of frontage. How do you serve those properties? And you have a limit of four homes off of a private driveway. Now in this case we already have two homes that are served from that driveway. This entire subdivision there are a total of 8 lots and they're steep, wooded. They back up to a lake. Really the only way you see those parcels served, as they split, is probably private. This is a perfect case when a private driveway would be used. Mancino: Any other questions for staff? Is the applicant here? Do they wish to make a presentation? Kevin Thompson: My name is Kevin Thompson... Just a little background. Initially the conceptual plan for this division was actually a 4 or 5 lots to the existing home. After review and went over it with staff, we decided that for aesthetics reasons, in order to keeping with the character and the nature of the neighborhood, and also for economic reasons, that putting a public road in ... probably would not be very advantageous. We decided to go with ... simple lot split. Just divide it into a simple two lots. Into two very sizable pieces ... sell that lot as a single family home .... If this is approved... Basic lot split. There's a number of conditions. Quite a number of conditions... The only question ... is on item number 11. The removal of the 11