4. Board of Adjustment and Appeals Appeal: Wetland Serback Variance, Tom Goulette.BOA DATE: 7/22/97
CCDATE: 7/28/97
CASE #: 97 -8 VAR
By: Kirchoff :v
STAFF REPORT
PROPOSAL: A seven (7) foot variance from the sixty (60) foot wetland setback for the
construction of a deck.
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LOCATION: 2051 Boulder Road
(Lot 2, Block 6, Stone Creek Fourth Addition)
APPLICANT: Tom Goulette (contractor) Jonathon Turner (property owner)
3010 Bluffs Lane 2051 Boulder Road
Mound, MN 55364 Chanhassen, MN 55317
472 -4211 474 -4022
PRESENT ZONING: RSF, Single- Family Residential District
0
LVA
ACREAGE: Approximately 16,668 sq. ft. (.38 Acres)
DENSITY: N/A
ADJACENT ZONING
AND LAND USES: N: RR, Rural Residential
S: A -2, Agricultural Estate District
W: A- 2, Agricultural Estate District
E: PUD, Planned Unit Development
WATER AND SEWER: Available to the site
PHYSICAL CHARACTER: This site contains an existing home and a Type A (natural)
wetland.
2000 LAND USE PLAN: Low Density Residential
CITY OF
CBANHASSEN
Turner Variance
July 22, 1997
Page 2
BOARD OF ADJUSTMENTS AND APPEALS UPDATE
On July 22, 1997 this application was reviewed by the Board. The vote was 2 to 1 in favor of
granting the variance, however, a unanimous vote is needed for approval. The applicant has
appealed the decision to the City Council. The following issue was raised at the meeting:
ISSUE: Staff noted that the majority of the discussion focused on whether or not a
wetland exists on the subject property. It is in the opinion of staff that there is
a wetland that has been delineated and classified. A separate process would
need to be followed if the applicant wanted to challenge the wetland status.
FINDING: According to the Water Resources Coordinator, in order for an area to be
classified as a wetland it must possess three determining characteristics or
criteria - hydric soils, hydrophytic vegetation and hydrology. This wetland has
been delineated and identified by two different professionals. It was first
identified as a "Type A" (high quality) wetland by the USCOE (Army Corps of
Engineers), who up until 1992 had jurisdiction over wetland issues in the State.
When this area was proposed for development it was also delineated by a
wetland specialist for the developer and verified by Frank Svoboda, a
delineator hired by the City. The delineation description used at that time was
called "Circular 39" and this area was classified as a "Type 7" wetland (see
below). The description was revised to "Natural' in 1994 when the City
adapted its own wetland classification system. It was classified in this manner
because the vegetation either was not impacted by past development activities
or had recovered from previous activities. City records show a diverse
community of plant species along with wooded growth which make it unique to
the area.
It should be noted that this development was approved, and the delineation
was completed, before the enactment of the 1992 Wetland Conservation Act.
These delineations were based on less stringent criteria than today. This
wetland receives a discharge pipe from a NURP (National Urban Runoff
Program) pond on site and recent rains have pushed both groundwater levels
and hydrology levels to all -time highs. If the applicant wants to challenge the
previous delineation and hire their own delineator, they may find a larger
wetland than first reported.
CIRCULAR 39 DESCRIPTION, TYPE 7 - WOODED SWAMP: The soil is
saturated to within at least a few inches of the surface during the growing
season, and is sometimes covered with water. These wetlands occur along
sluggish streams and on floodplains. Northern conifer swamps can contain
tamarack, white cedar, black spruce and balsam fir, with some broad - leaved
P
Turner Variance
July 22, 1997
Page 3
species such as white birch and black ash. These areas serve as valuable deer
yards in the winter. Understory types can include red -osier dogwood, alder,
labrador tea, and other heath family shrubs and ground pines. Many types of
protected orchids are found in these wetlands.
CITY CLASSIFICATION WETLAND, NATURAL: Natural wetlands are
still in their natural state and typically show little sign of impact from
surrounding land usage. The vegetative community of these wetlands are
characterized by a diversity of plant species with mixed dominance of species.
Other key factors include: presence of natural indicator species, good wildlife
habitat, and aesthetically pleasing.
The staff report has been revised. Any new information is in bold type.
APPLICABLE REGULATIONS
Section, 20 -406, requires that a natural wetland shall have a forty (40) foot setback from the edge
of a twenty (20) foot buffer strip (Attachment 2).
BACKGROUND
In 1992 Stone Creek subdivision was approved. It was noted in the subdivision staff report that
two Type A wetlands are located within this development. Type A or natural wetlands are still
in their natural state and typically little
characterized by a diversity of plant usage.
vegetative community of these wetl ands are
mixed dominance of species. Other key factors include: presence of natural indicator species,
good wildlife habitat, and being aesthetically pleasing (Section 20 -403). One of the wetlands is
located on the subject property. According to the staff report, this wetland is approximately
2,945 square feet.
Stone Creek Fourth Addition was approved in 1994. Thirty -five of the lots in this addition have
tree conservation easements and 9 have wetland setbacks. Those lots with tree conservation
easements were given a 10 foot front yard setback variance, hence a residence could be built up
to a 20 foot front yard setback. The subject residence (Lot 2) was only constructed 25 feet from
the front property line. The 60 foot wetland setback is located 5 feet from the rear of the home.
The adjacent lots, Lots 1 and 3, have 30 foot front yard setbacks, a wetland setback and a tree
conservation easement.
ANALYSIS
The applicant is requesting a 7 foot variance fr°foot
A t eewetland
servata easement and 12
foot by 27 foot (324 sq. ft.) deck on the rear o the home.
Turner Variance
July 22, 1997
Page 4
wetland setback are located on the rear of this lot. In 1996 the home was constructed 25 feet
from the front property line, leaving only 5 feet in the rear yard for a future deck. If the home
would have been built at the 20 foot setback, a 10 foot deck could have been constructed and the
variance alleviated. The applicant did mention that the home was not built at the 20 foot setback
because they did not want to be closer to the street than the adjacent homes.
It is important to maintain a balance between the interests of nature and the property owner. The
protection of a natural wetland and quality trees (e.g. oak, maple and hickory trees) was of
overwhelming importance when this subdivision was approved, hence the tree preservation
easement and the 60 foot wetland setback. The future property owner's interest was also
considered as the 10 foot front yard setback variance was approved as a condition of this
addition.
Staff does not believe that a hardship has been demonstrated and does not recommend approval
of this variance. In addition, staff does not feel that it is appropriate to approve two separate
variances for a parcel that exceeds the lot area requirements for the RSF - Residential Single
Family district.
FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre- existing standards in
this neighborhood. Variances that blend with these pre- existing standards without departing
downward from them meet this criteria.
Finding: The applicant has not demonstrated a hardship that would warrant the granting of
this variance. The property has been put to reasonable use as a single family home and
attached garage exists on this site. The applicant has an opportunity to use and enjoy their
property without the deck.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The condition upon which the application is based, the wetland setback, does
exist on other lots in this subdivision as well as other lots in the City. An additional Type A
Turner Variance
July 22, 1997
Page 5
wetland is located in Lots 9 - 13, Block 2. These lots have wetland setbacks ranging from
60 feet to 97 feet.
C. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The variation does not appear to be based upon a desire to increase the value or
income potential of the property.
d. The alleged difficulty or hardship is not a self - created hardship.
Finding: Staff believes that the hardship is self - created. The home could have been shifted
closer to the street when it was constructed in 1996 without a variance. The additional 5
feet would have allowed for a deck 10 feet in depth.
C. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare or
injurious to other improvements in the neighborhood.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or increase
the danger of fire or endanger the public safety or substantially diminish or impair the
neighborhood.
RECOMMENDATION
Staff recommends that the Board of Adjustments and Appeals adopt the following motion:
"The Board of Adjustments and Appeals denies the request for a 7 foot variance from the 60 foot
wetland setback for the construction of a 12 foot by 27 foot deck based upon the findings presented
in the staff report and the following:
1. The applicant has not demonstrated a hardship that would warrant the granting of a second
variance.
Turner Variance
July 22, 1997
Page 6
2. The applicant has an opportunity to enjoy a reasonable use of the property."
ATTACHMENTS
1. Application
2. Article VI, Wetland Protection
3. Site Plan
4. Property Owners
5. Appeal Letter
6. Minutes from the July 22, 1997 Board of Adjustments and Appeals Meeting
c t4nmYyru -
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937 -1900
CITY OF CHANHASSEN
RECEIVED
'JUN 2 61997
DEVELOPMENT REVIEW APPLICATION CHANHASStiv rVuvrvuvu DEPT
APPLICANT:
TOM &o"LE - rrI< OWNER: J0"x - TFt0N IuRNEM
ADDRESS. 3 d 1 D 3 L-1k FF S LAN ADDRESS: ;? 0 51 BOLA t.DCR '- QoA 0
NIOtAN Q MN 5531.4 CHNNt AANS6'31
TELEPHONE (Day time) x-17 a- M;x 1 I ZS/ g' 4 9 0 2- TELEPHONE: 4 — L 4 0 Z Z
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Vacation of ROW /Easements
Interim Use Permit
Variance
Non - conforming Use Permit
_ Wetland Alteration Permit
Planned Unit Development'
Zoning Appeal
Tlezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign
Site Plan Review'
X Escrow for Filing Fees /Attorney Cost'
($50 CUP /SPR/VACNAR/WAP /Metes
and Bounds, $400 Minor SUB)
Subdivision'
TOTAL FEE $ 7 5
A Test of all property owners within 500 feet of the boundaries of the property must be included with the
application
Bullding material samples must be submitted with site plan reviews.
7 7wenty6slx full size folded copies of the plans must be submitted, including an 8'/i' X 11" reduced copy of
transparency for each plan sheet.
Escrow will be required for other applications through the development contract
NOTE -When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME
I DCATIION D 5) "3 b U L- V E 2 '12 &
LEGAL DESCR1PT10N LOT Z I� LU G K fo Si0 E C t2 E t K ho V 2"i' o A D D r 1 1 0t
?OTAL ACREAGE
YIIETLANDS PRESENT X YES NO
PRESFNTZONING
REQI]ESTFD ZONING
'RESENT LAND USE DESIGNATION
;f3EQU1 =S7ED LAND USE DESIGNATION
;FIEASDN 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.
A detenr ination of completeness of the application shall be made within ten business days of application submittal. A written
notice Df application deficiencies shall be mailed to the applicant within ten business days of application.
Thisisto certrTythat 1 am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
:copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make
this application and the fee owner has also signed this application.
I voill 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
myknowledge.
The city bereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
Tequirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
eadensions are approved by the applicant.
2�
gnature of Appllc Date
nature of Fee Owner Date
ApOcidon Received on � )3`( G_ 7 Fee Paid 'tom Receipt No. `� �q
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
]f not contacted, a copy of the report will be mailed to the applicant's address.
I
CITY OF CHANHASSEN
r-7- 1171
'JUN 2 6 1997
CHANHA,.)3ctV UEPT
e
r Cl
3 s
cuan01 -.
ZONING § 20 -402
ARTICLE VI. WETLAND PROTECTION*
Sec. 20 -401. Findings intent; rules adopted by reference.
(a) Wetlands help maintain water quality, serve to reduce flooding and erosion, act as
sources of food and habitat for a variety of fish and wildlife, and are an integral part of the
community's natural landscape. Wetlands provide the aesthetic benefits of open space and can
be used to provide a natural separation of land uses. It is the intent of this article to establish
a policy of sound stewardship through coordination of regulations which conserve, protect,
enhance, and result in the no net loss of these environmentally sensitive resources. In addi-
tion, it is the intent of the city to promote the restoration of degraded wetlands.
(b) The intent of this article is to avoid alteration and destruction of wetlands. When this
is not feasible, mitigation must be provided to recreate the lost or altered wetlands value and
function.
(c) This article is adopted in part to implement the Wetland Conservation Act of 1991
(Minn. Laws 1991, Chapter 354, as amended), and the accompanying rules of the Minnesota
Board of Water and Soil Resources (Minn. Rules Chapter 8420, as amended).
(d) This article incorporates by reference the Act and the Rules. Terms used in this article
which are defined in the Act or the Rules have the meanings given there.
(Ord No. 180, § 1, 12- 14 -92; Ord. No. 202, § 1, 4- 25 -94)
Sec. 20 -402. Purpose.
The purpose of this article is to assure the general health, safety, and welfare of the
residents through preservation and conservation of wetlands and sound management of de-
velopment by:
(1) Conducting an inventory and classification of all wetlands within the city and main-
tenance of a comprehensive set of official city maps delineating wetlands.
(2) Establishment of wetland regulations that are coordinated with flood protection and
water quality programs under the Chanhassen Surface Water Management Plan.
(3) Requiring sound management practices that will protect, conserve, maintain, en-
hance, and improve the present quality of wetlands within the community.
(4) Requiring measures designed to maintain and improve water quality in streams and
lakes.
(5) Protecting and enhancing the scenic value of wetlands
*Editor's note — Section 1 of Ord. No. 180 amended Art. VI in its entirety to read as
herein set out. Prior to amendment, Art. VI contained §§ 20- 401 -20 -409, 20- 421 -20 -424,
20- 436 -20 -441, which pertained to similar subject matter and derived from Ord. No. 80,
adopted Dec. 15, 1986; Ord. No. 80C, adopted Oct. 5, 1987; Ord. No. 98, adopted Nov. 28, 1988;
Ord. No. 110, adopted Aug. 28, 1989; Ord. No. 133, adopted Nov. 5, 1990; and Ord. No. 141,
adopted Mar. 11, 1991.
Supp. No. 7 1188.1
§ 20402 CHANHASSEN CITY CODE
(6) Restricting and controlling the harmful effects of land development on wetlands.
(7) Allowing only development that is planned to be compatible with wetland protection
and enhancement.
(8) Providing standards for the alteration of wetlands when alteration in allowed.
(9) Mitigating the impact of development adjacent to wetlands.
(10) Educating and informing the public about the numerous benefits and features of
wetlands and the impacts of urbanization.
(11) Obtaining protective easements over or acquiring fee title to wetlands as appropriate.
(Ord. No. 180, § 1, 12- 14 -92)
Sec. 20 -403. Delineation of wetlands.
(a) Generally. Wetlands shall be subject to the requirements established herein, as well as
restrictions and requirements established by other applicable city ordinances and regulations.
The Wetland Protection Regulations shall not be construed to allow anything otherwise pro-
hibited in the zoning district where the wetland area is located.
(b) Boundaries, maps. A wetland is land that meets the definition of "wetlands" set forth
in this article. Wetland boundaries and wetland types, as established by officially adopted city
maps, shall be prima facie evidence of the location and type of wetland. The official maps shall
be developed and maintained by the planning department. If an applicant questions whether
a wetland exists or disputes its delineation, the applicant shall have the burden to supply
detailed information for reviews supporting the applicant's position. The applicant shall pro-
vide appropriate technical information, including, but not limited to, topographical survey and
soil data deemed necessary for the city to determine the exact wetland boundary. The planning
director shall make a determination to maintain the officially designated wetland boundary or
if the boundaries need to be corrected on city plans and maps based upon the data that is
supplied. Data for wetland determination shall be certified by a registered engineer, surveyor,
or a qualified wetland consultant. The applicant may appeal the planning director's determi-
nation of the wetland boundary and type to the city council.
(c) Wetland types. This article establishes three (3) wetland types and one body type:
(1) Wetlands, ag /urban. Wetlands that have been influenced by agricultural or urban
(residential, commercial, or industrial) land usage are called aglurban. Influences
include: over nutrification, soil erosion and sedimentation, and water quality degra-
dation. As a result of these influences there is a loss of plant species diversity, over-
crowding and domination by invasive species such as reed canary grass, and reduction
in wildlife habitat.
(2) Wetlands, natural, Natural wetlands are still in their natural state and typically
show little sign of impact from surrounding land usage. The vegetative community of
these wetlands are characterized by a diversity of plant species with mixed dominance
of species. Other key factors include: presence of natural indicator species, good wild-
life habitat, and being aesthetically pleasing.
Supp. No. 7 1188.2
ZONING § 20 -406
(3) Wetlands, pristine. Wetlands that exist in a natural state and have special and
unusual qualities worth protecting at a high level are called pristine. These qualities
include: outstanding vegetation community, native species population, rare or un-
usual species present, and habitat for rare wildlife species.
(4) Utilized. Utilized water bodies created for the specific purpose of surface water runoff
retention and/or water quality improvements. These water bodies are not to be
classified as wetlands even if they take on wetland characteristics. Wetland alteration
permits shall not be required to undertake work on these water bodies.
(Ord. No. 180, § 1, 12- 14 -92)
Sec. 20 -404. No net loss.
To achieve no net loss of wetland, except as provided under section 20 -416 of this article,
or authorized by a wetland alteration permit issued by the city, a person may not drain, grade,
fill, burn, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size
or type. Any alteration to a wetland, permitted by a wetland alteration permit must be fully
mitigated so that there is no net loss of wetlands.
(Ord. No. 180, § 1, 12- 14 -92; Ord. No. 202, § 2, 4- 25 -94)
Sec. 20 -405. Standards.
The following standards apply to all lands within and abutting a wetland:
(1) Septic and soil absorption system must be a setback minimum of seventy -five (75) feet
from the ordinary high water mark of the wetland.
(2) The lowest ground floor elevation is two (2) feet above ordinary high water mark of the
wetland.
(3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high
water mark or six (6) to eight (8) inches above the ground level, whichever is greater.
(4) Access across a wetland shall be by means of a boardwalk and only upon approval of
a wetland alteration permit.
(5) The city's Best Management Practices Handbook shall be followed.
(Ord. No. 180, § 1, 12- 14 -92; Ord. No. 202, § 3, 4- 25 -94; Ord. No. 240, § 11, 7- 24 -95)
* Sea 20 -406. Wetland buffer strips and setbacks.
(a) For lots created after December, 14, 1992, (date of ordinance adoption), a buffer strip
Shall be maintained abutting all wetlands. All existing vegetation adjacent to a wetland shall
be left undisturbed and applied toward the buffer strip unless otherwise approved by city
council. Buffer strip vegetation shall be established and maintained in accordance to the
following requirements. If the buffer area is disturbed, plant species shall be selected from
wetland and upland plants to provide habitat for various species of wildlife. Buffer strips shall
be identified by permanent monumentation acceptable to the city. In residential subdivisions,
a monument is required for each lot. In other situations, a monument is required for each three
1 20-406
CHANHASSEN CITY CODE
hundred (300) feet of wetland edge. The buffer strips and structure setbacks shall meet the
following standards:
Wetland Type Pristine ,r t� Ag /Urban Utilized
Principal Struc- 100' 40' measured 40' measured 0'
Lure Setback from the out- from the out-
side edge of the
AG /URBAN WETLAND ILLUSTRATION
I BUFFER
sTP.Wr
3 1 ' I EDGE D
HOME SETBACK
�� ��W FROItT YARD ( FROM WEn AxD
S 3W C BUFFER
10'
I 0' EAS ENT
I WETLAND BUFFER S 1
(AVERAGE 10' DEPTH)
L
I
side edge of the
buffer strip
0-20' 0'
10' 0'
Optional Optional
The dimensions of the buffer strips may be adjusted by the city based upon the quality of the
wetland, local topographic conditions, and the type and design of development being proposed.
The table above provides minimum and maximum dimensions for the buffer strip. The use of
a meandering buffer strip to maintain a natural appearance is encouraged. Where roadways
are constricted next to a wetland, the average buffer strip width for the adjacent wetland shall
Supp No.8 1188.4
buffer strip
Buffer Strip 20 -100'
10-30'
Buffer Strip 50
20'
Minimum Aver-
age Width
of Native Entire
Entire
Vegetation in
Buffer Strip
AG /URBAN WETLAND ILLUSTRATION
I BUFFER
sTP.Wr
3 1 ' I EDGE D
HOME SETBACK
�� ��W FROItT YARD ( FROM WEn AxD
S 3W C BUFFER
10'
I 0' EAS ENT
I WETLAND BUFFER S 1
(AVERAGE 10' DEPTH)
L
I
side edge of the
buffer strip
0-20' 0'
10' 0'
Optional Optional
The dimensions of the buffer strips may be adjusted by the city based upon the quality of the
wetland, local topographic conditions, and the type and design of development being proposed.
The table above provides minimum and maximum dimensions for the buffer strip. The use of
a meandering buffer strip to maintain a natural appearance is encouraged. Where roadways
are constricted next to a wetland, the average buffer strip width for the adjacent wetland shall
Supp No.8 1188.4
M
ZONING § 20 -407
be maintained. Structure setbacks are also described in the table. On single - family subdivi-
sions in the RSF district, the applicant must demonstrate that each lot provides sufficient area
to accommodate the applicable front yard setback, sixty -foot by forty -foot deep building pad,
and a thirty -foot rear yard area. All of these elements must be provided outside of designated
wetland and buffer strip areas.
(b) For lots of record on December 14, 1992 (date of ordinance adoption) within wetland
areas and for lands abutting a wetland area, the following minimum provisions are applicable
unless alternative plans are approved by the city under a wetland alteration permit:
Pristine Natural Ag /Urban Utilized
Setback Princi- 100' 75' 75' 0'
pal Structure
The city may approve reduced wetland setbacks as outlined in subparagraph (a) above.
(Ord. No. 180, § 1, 12- 14 -92; Ord. No. 240, § 12, 7- 24 -95)
Sec. 20 -407. Wetland alteration.
(a) An applicant for a wetland alteration permit shall adhere to the following principles in
descending order of priority:
(1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the
wetland;
(2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and
its implementation;
(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
activity and its implementation;
(4) Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity; and
(5) Replacing unavoidable impacts to the wetlands by restoring or creating substitute
wetland areas having equal or greater public value as set forth in Minnesota Rules
8420.0530 to 8420.0630.
(b) A wetland alteration permit shall not be issued unless the proposed development
complies within the provisions of the Mitigation Section of this article, as well as the
standards, intent, and purpose of this article.
(c) Chemical treatment of wetlands. The use of algae - controlling chemicals in any stormwater
ponds or wetlands is prohibited.
(d) Nonchemical treatment of wetlands.
(1) Other types of nonchemical algae - controlling treatments include bacteria, aerators,
skimmers, dyes, etc.
(2) The city must be notified prior to the use of any form of treatment.
Supp. No. 9
1188.5
GARAGE FLOOR = 9
HAGEN HOMES TOP OF BLOCK = 5
LOWEST FLOOR = 92 &.9
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DENOTES DIRECTION OF DRAINAGE.
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NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENTS AND APPEALS
Tuesday, July 22, 1997
at 6:00 p.m.
City Hall Council Chambers
690 Coulter Drive
PROJECT: Variance from the Wetland Setback
DEVELOPER: Tom Goulette
LOCATION: 2051 Boulder Road
NOTICE: You are invited to attend a public hearing about a development proposed in your area. The
applicant, Tom Goulette, is requesting a 7 foot variance from the 60' wetland setback for the construction
of a deck on property zoned RSF and located at 2051 Boulder Road.
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 overview 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 and 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 Cindy at 937 -1900 ext. 117. 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 July 17, 1997.
-V ��J
V
AUDOBON 92 RICHARD D & CHRISTINE M BALM STEPHEN PETERS
13241 CREEKSIDE CT 2093 BOULDER RD 2000 STONE CREEK DR
EDEN PRAIRIE, MN 55346 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
AUDOBON 92
GERALD W & JANICE K CRAWFORD DEAN BUSSEY
15241 CREEKSME CT 2079 BOULDER RD 12145 STONE CREEK DR
EDEN PRAIRIE, MN 55346 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
WILLIAM J & ANGELA J LAWRENCE CHARLENE GRABOWSKI DAVID VERVETTE
2122 BOULDER RD 8426 STONE CREEK CT 2133 STONE CREEK DR
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
ROBERT J & CHRISTINE P FINN STEVEN M & MARGARET F EMERSON PAUL & LINDA SPECKMAN
2108 BOULDER RD 8409 STONE CREEK CT 2121 STONE CREEK DR
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
MIKE & CYNTHIA PLESKO TODD GRISOFF JOHN LABATT
2094 BOULDER RD 8429 STONE CREEK CT 2109 STONE CREEK DR
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
ALLAN & SUSAN GEBAUER
ASH
RONALD LUM
2080 BOULDER RD
0821 STONE CREEK DR
8 STONE CREEK DR
CHANHASSEN, MN 55317
CHANHASSEN, MN 55317
CHANHASSEN, MN 55317
TIMOTHY J & KATHLEEN C BATTIS
JERRY MURRAY
DAVID M & LORI J KENDALL
2066 BOULDER RD
2066 STONE CREEK DR
2063 STONE CREEK DR
CHANHASSEN, MN 55317
CHANHASSEN, MN 55317
CHANHASSEN, MN 55317
MICHAEL T & JANET E SNYDER
JAMES D & JANET L OLSON
EUGENE C & JAN M KRUCHOSKI
2127 BOULDER RD
2050 STONE CREEK DR
CHANHASSEN, MN 55317
2030 BOULDER RD
CHANHASSEN, MN 55317
CHANHASSEN, MN 55317
CHAD M & JILL C HAKE
JOHN WING
JEFFREY R & EDITH M STEARNS
2115 BOULDER RD
2034 STONE CREEK DR
MN 55317
2052 BOULDER RD
CHANHASSEN, MN 55317
CHANHASSEN, MN 55317
CHANHASSEN,
DANIEL J & KAREN O'BRIEN BOB & CINDY EGELSTON THEO A & TERRY L JENSON
2103 BOULDER RD 2018 STONE CREEK DR 2065 BOULDER RD
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
ONATHAN TURNER
051 BOULDER RD
;HANHASSEN, MN 55317
IOBERT POSTON
037 BOULDER RD
.HANHASSEN, MN 55317
.RAIG FURTNEY
D23 BOULDER RD
'.HANHASSEN, MN 55317
IARVIN & CAROLE LUECK
)19 STONE CREEK DR
HANHASSEN, MN 55317
ANIEL T & LISA A CHUMBLER
)01 STONE CREEK DR
HANHASSEN, MN 55317
OBERT W & ROBERTA L LAWSON
)41 RENAISSANCE CT
HANHASSEN, MN 55317
ERARD E & BONNIE T MURKOWSKI
)51 RENAISSANCE CT
HANHASSEN, MN 55317
a CA 5
Jon. Turner
Karen Kennedy
2051 Boulder Road-
Ch MN 55317
Cindy Xirchoff
City of Chanhassen
Wednesday, July 23, 1997
Dear Cindy,
We were very disappointed over the decision on Tuesday night by the
Chanhassen Board to deny our request for a variance to add a deck to our property. With
a vote of 2 to 1 in favor of approval, we are hoping that a vote by the City Council will
result in an approval.
Therefore, we would like to request an appeal to the Council for another vote on
Monday, July 28th. Along with our builder, Karen and I will be in attendance at the 6:30
meeting.
Could you please answer the following questions prior to the meeting:
1. Is a majorify vote needed for approval?
2. Will we have an opportunity to address the Council at the meeting?
You can reach me at 476 -7783 during the day, or fax a reply to 474 -3992.
The approval of this deck addition is very important to Karen and I, so we'd like
to be as informed and prepared as much as possible prior to the meeting.
Thank you for your attention to our concerns.
Very Sincerely,
J
CHANHASSEN BOARD OF
ADJUSTMENTS AND APPPEALS
REGULAR MEETING
JULY 22,1997
Chairman Johnson called the meeting to order at 6:00 p.m.
MEMBERS PRESENT: Willard Johnson, Carol Watson and Steve Berquist
STAFF PRESENT: Cynthia Kirchoff, Planner I
A REQUEST FOR A 7 FOOT VARIANCE FROM THE 60 FOOT WETLAND SETBACK
FOR THE CONSTRUCTION OF A DECK, TOM GOULETTE (CONTRACTOR) AND
JONATHON TURNER, 2051 BOULDER ROAD
Cynthia Kirchoff presented the staff report.
Tom Goulette stated that the proposed deck will not damage the environment but denying the
variance will damage the deck and home. The patio door will have to be removed and the home
remodeled at a considerable expense.
Steve Berquist asked why the wetland was defined as a natural or a Type A. He questioned the
impact that the railroad tracks have on the wetland.
Kirchoff responded that the wetland was defined as such by the Department of the Interior. She
also stated that a natural wetland is defined in the City Code.
Berquist mentioned that an outlet drain was located in the wetland.
Kirchoff stated that this drain will allow water to be drained out of the wetland if the water level
reaches a level which may threaten the residence.
Berquist asked how 30 inch caliper trees can grow in this wetland. He stated that if it was a
wetland, trees would not survive. He inquired if the Department of the Interior defined this
wetland as a Type A.
Kirchoff confirmed that the wetland was deemed as so by the federal government.
Berquist stated that the residence was placed at the 25 foot setback. He questioned if the builder
explained the impacts the wetland setback and the tree conservation easement have on this
property.
Jonathon Turner acknowledged that they were aware of the setback, however, constructing the
home 20 feet from the front property line would have made the home protrude further than the
adjacent homes.
Board of Adjustments and Appeals Meeting Minutes
July 22, 1997
Page 2
Berquist stated that the home setback appeared to be consistent with the adjacent properties.
Turner stated that their home is 5 to 10 feet closer to Boulder Road than the neighboring
properties. He explained that their protruding home looks unsightly.
Berquist questioned if the builder informed them that a deck could be built and a wetland exists
on this property.
Turner explained that the builder said a deck could be built.
Carol Watson stated that the wetland was much drier last week.
Turner stated that he the neighbors have no objections over the deck.
Berquist asked if the City would define the wetland as a Type A. He stated that he does not
believe the deck will jeopardize the wetland.
Kirchoff indicated that the City does regard it as a Type A or natural wetland. She also stated
that the development was done as a subdivision not as a planned unit development. Therefore,
the 10 foot front yard variances were only offered on those properties with tree conservation
easements.
Rob Poston, 2037 Boulder Road, explained that their home encroaches further into their rear yard
than the proposed deck. He stated that it is not a wetland because cattails and ducks were not
present nor does it look like a wetland. He also mentioned that he does not like to look at an
unfinished house.
Berquist stated that a berm was placed between the subject lot and the neighboring lot. He
mentioned that if the wetland is indeed natural a berm should not be needed to define it.
Poston stated that Hans Hagen drained the wetland in his rear yard. He explained that the
developer was not successful in draining 2051 Boulder Road because the rear yard is flooded.
Watson expressed concern over the definition of a wetland and the possibility that the developer
did not explain the setback on this property.
Turner stated that they have done everything to keep the wetland pure and that they want to enjoy
their property.
Board of Adjustments and Appeals Meeting Minutes
July 22, 1997
Page 3
Berquist explained that a hardship exists because of the wetland setback and the tree
conservation easement and he believes that allowing the deck to be built will not jeopardize the
original intention of the setback.
Berquist moved, Watson seconded the motion to approve a variance from the wetland setback for
the construction of a deck. Johnson opposed. The motion failed with a vote of 2 to 1.
Johnson explained that the applicant may appeal this decision to the City Council within four
days.
Turner questioned why Mr. Johnson opposed the variance.
Johnson responded that he wants to protect the wetland and maintain the setback.
Turner expressed concern over the $1,000.00 needed to remodel if the variance is not approved.
Watson mentioned that anything less than a 12 foot deck is useless.
Turner stated that the deck will not disturb the wetland.
Berquist questioned why the wetland was delineated. He explained that if they deny this
variance the Board is missing the point. That is, they look at the situation of each variance.
Turner stated that other properties in this subdivision have a greater portion of a wetland and
have built closer to it than the proposed deck.
Watson moved, Johnson seconded the motion to close the public hearing.
APPROVAL OF MINUTES: Watson moved, Johnson seconded to approve the minutes of the
Board of Adjustments and Appeals Meeting dated July 8, 1997. All voted in favor and the
motion carried.
Watson moved, Berquist seconded to adjourn the meeting. All voted in favor and the motion
carried. The meeting was adjourned at 6:30 p.m.
Prepared and Submitted by Cynthia Kirchoff
Planner I