1a.1.Melody Hill Springbrook Corp: Final plat.I MEMORANDUM
CITY OF ]a
CHANHASSEN
690 COULTER DRIVE * P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Sharmin Al -Jaff, Planner II
Dave Hempel, Assistant City Engineer
DATE: September 9, 1996
Action by City Administratot
Endorsed 1-1
Modified
Rejecte
Date 6
Date Submitted to Commission
Date Submitted to Council
f -y - '76
SUBJ: Final Plat Approval for Melody Hill Addition, located East of Highway 41 and
Chaska Road, south of Melody Hill Road and north of Minnetonka Middle School
West, Springbrook Corporation
BACKGROUND
On August 12, 1996, the City Council approved the preliminary plat for Melody Hill Addition
(Subdivision #96 -4) for 10 single family lots with a 10 foot variance to allow a 20 foot front yard
setback on Lots 8, 9, and 10, as shown in plans received June 14, 1996 with the following
conditions:
1. Tree preservation conditions:
a. The applicant shall install tree preservation fencing at grading limits prior to any
' grading or construction activities. Installed fencing must be approved by staff and
placed, at a minimum, at least 15 feet from the trunk.
'
This condition still applies.
b. Applicant must submit tree removal plan for the development as a condition of
approval.
'
This condition has been met.
C. Applicant will be required to preserve any trees not scheduled for removal. Trees
removed in excess will be replaced at a rate of 2 times the diameter.
This condition still applies.
Don Ashworth
Septemeber 9, 1996
Melody Hill Final Plat
Page 2
d. A landscape buffer plan along highway 41 shall be submitted to the City Forester
for review and approval. The landscape buffer plantings are in addition to the
replacement planting of 24 trees.
This condition has been met.
e. All significant trees must be shown on the building permit surveys.
This condition still applies.
f. The vegetated areas which will not be affected by the development will be
protected by a conservation easement. The applicant shall provide the city with a
legal description of these easements.
This condition still applies.
2. Building Official conditions:
a. Submit street names to the Public Safety Department, Inspections Division, for
review prior to final plat approval.
This condition has been met. The street is named Melody Hill Lane.
b. Revise the preliminary grading plan to show the location of proposed dwelling pads,
using standard designations and the lowest level floor and garage floor elevations.
This should be done prior to final plat approval.
This condition has been met.
C. Obtain demolition permits. This should be done prior to any grading on the
property.
This condition still applies.
3. Fire Marshal conditions:
a. A 10 foot clear space must be maintained around fire hydrants, i.e. the street
lamps, trees, shrubs, bushes, NSP, US West, cable tv, and transformer boxes.
i
Don Ashworth
Septemeber 9, 1996
Melody Hill Final Plat
Page 3
This is to ensure that fire hydrants can be quickly located and safely operated by
firefighters.
This condition still applies.
b. Install one additional fire hydrant at the intersection of Melody Hill Road and the
new planned road.
This condition has been met.
C. Submit street name to Building Official and Fire Marshal for review and approval.
This condition has been met.
El
5
Ce"
7.
Park and trail fees shall be paid in lieu of land as required by city ordinances.
This condition still applies.
The existing outbuildings and any septic system or wells on the site shall be abandoned in
accordance with City and /or State codes.
This condition still applies.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Watershed District, Metropolitan Waste Control Commission, Health Department,
Minnesota Pollution Control Agency, MnDOT and comply with their conditions of
approval.
This condition still applies.
Neighborhood identification monument signs require a permit.
This condition still applies.
The frontage on Lot 8 shall be adjusted to meet ordinance requirements of 90 feet lot
frontage.
This condition has been met.
Don Ashworth '
Septemeber 9, 1996
Melody Hill Final Plat '
Page 4
9. The applicant will need to develop a sediment and erosion control plan in accordance with ,
the City's Best Management Practice Handbook and the Surface Water Management Plan
requirements for new developments. The plan shall be submitted to the City for review and '
formal approval. Type I erosion control fence shall be installed around the downstream side
of the construction limits. Rock construction entrances shall be employed and maintained
at all access points until the street has been paved with a bituminous surface.
This condition has been met.
disturbed as a result of construction activities shall be immediate) I
10. All areas y restored with
seed and disc - mulched or wood -fiber blanket or sod within two weeks of completion of '
each activity in accordance with the City's Best Management Practice Handbook.
This condition still applies. ,
11. The applicant shall provide detailed storm sewer calculations for 10 -year and 100 -year
storm events and provide ponding calculations for stormwater ponds in accordance with the
City's SWMP for the City Engineer to review and approve prior to final plat approval. The
applicant shall provide detailed pre - developed and post developed stormwater calculations
for 100 -year storm events. Individual storm sewer calculations between each catch basin '
segment will also be required to determine if sufficient catch basins are being utilized.
This condition has been meta '
12. The proposed single family residential development of 4.50 net developable acres is
responsible for a water quality connection charge of $3,600 and a water quantity fee of '
$8,910. These fees are payable to the City prior to the City filing the final plat.
This condition still applies.
13. Lots 2 through 10 should be mass graded prior to utility installation. Lot 1 shall be custom
graded when the building permit has been obtained through the City.
This condition still applies.
14. The applicant shall consider installing retaining walls in the rear of Lots 8, 9, and 10 in an
effort to reduce grading and tree loss. '
This condition still applies.
LI
' Don Ashworth
Septemeber 9, 1996
' Melody Hill Final Plat
Page 5
15. The applicant shall obtain the appropriate demolition permits for removal of the existing
house. Sewer and water services shall be abandoned and disconnected at the right -of -way
line at Melody Hill Road. The dwelling shall be removed within 30 days after the final plat
has been recorded.
This condition still applies.
16. Staff and the applicant shall evaluate the location of the proposed storm sewer line between
Lots 4 and 5 to see if this is the most feasible location. A 20 -foot wide drainage and utility
easement shall be dedicated on the final plat and centered over the storm sewer line.
This condition has been met.
17. Prior to final plan approval, the applicant shall submit detailed construction plans and
specifications in accordance with the City's latest edition of Standard Specifications and
Detail Plates for staff review and formal approval by City Council in conjunction with final
plat approval. As -built construction drawings will be required upon completion of the
utility and street improvements.
This condition has been modified. The applicant has submitted detailed construction
plans and specifications in accordance with the City's latest edition of Standard
Specifications and Detail Plates for staff review and formal approval by City Council
in conjunction with final plat approval. The plans and specifications are being
modified as a result of staff review. Therefore, staff requests that the City Council
grant staff the flexibility to administratively approve the plans after the revisions have
been completed. As -built construction drawings will be required upon completion of
the utility and street improvements.
18. The cul -de -sac island shall be reviewed by City staff to ensure a proper turning radius for
Public Safety vehicles and the cul -de -sac reduced accordingly.
This condition has been met.
19. All lots with the exception of Lot 1 shall access the interior proposed street. No direct
access will be permitted from State Highway No. 41 or Chaska Road. Lot 1 shall access
from Melody Hill Road.
This condition still applies.
Don Ashworth
Septemeber 9, 1996
Melody Hill Final Plat
Page 6
ANALYSIS
The applicant is proposing to subdivide 4.57 acres into 10 single family lots. The property is
zoned RSF, Residential Single Family. The site is located east of Highway 41 and Chaska Road,
south of Melody Hill Road, and north of Minnetonka Middle School West.
The average lot size is 16,180 square feet with a resulting gross density of 2.1 units per acre. All
of the proposed lots meet the minimum area, width, and depth requirements of the Zoning
Ordinance. An existing house, detached garage, and swimming pool occupy the property. These
structures are proposed to be removed.
The project will be accessed from a newly constructed cul -de -sac, extending southwest of
Melody Hill Road. The proposed cul -de -sac meets city standards. An island is proposed in the
center of the cul -de -sac.
The Park and Recreation Commission recommended full park and trail fees be paid as a condition
of approval.
Staff notes that the proposal is consistent with the Comprehensive Plan and the Zoning Ordinance.
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot
Lot
Lot
Home
Area
Width
Depth
Setback
Ordinance
15,000
90'
125'
30' front/rear
10' sides
BLOCK 1
Lot 1
18,299
96.18'
207.45'
30'/30'
10' corner lot
Lot 2
15,005
107.18'
141.05'
30730'
10' corner lot
Lot 3
15,144
151.54'
140'
30730'
10'
Lot 4
16,259
56.88' * **
138'
30'/30'
10'
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Don Ashworth
Septemeber 9, 1996
Melody Hill Final Plat
Page 7
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
17,376 62.81' * ** 161.5' 30730'
10'
15,956 62.15' * ** 152' 30730'
10'
18,541' 57.21' * ** 142.5' 30'/30'
10'
15,042 90' 155.76' 20' */30'
10'
15,079 97.55' 146' 20' */30'
10'
15,102' 104.96' 144.96' 20' */30'
10' corner lot
Right -of -Way 0.85 acres
* Staff is recommending a 10 foot variance to allow a 20 foot front yard setback for tree
preservation purposes. The City Council recommended approval of the variance at their
August 12, 1996 meeting.
** Lots fronting on a cul -de -sac may be reduced, however, it must meet the 90 foot width at
the 30 foot front yard setback line.
LANDSCAPING/TREE PRESERVATION
Currently existing on the 4.6 acre site are over 140 trees that have been inventoried by the
applicant. The canopy coverage for the site is 45 %, or 2.1 acres. The trees are well distributed
throughout the site with a natural line of trees on the north and south sides of the property. Many
of the trees are specimen species due to the fact that they were open grown and allowed to take
maximum form and are in generally good health. Due to this fact, it is in the best interest of the
city and the developer to preserve as many trees as possible. The applicant has submitted grading
plans that appear to remove approximately half of the existing trees or about 1 acre. Applicant is
required to maintain 35% or 1.61 acres of canopy coverage on site, but falls short of the
requirement by .5 acres. Therefore the applicant will be required to provide replacement
Don Ashworth '
Septemeber 9, 1996
Melody Hill Final Plat
Page 8
plantings for excess removal at a rate of 1.2 times .5 acres equaling .6 acres, or 24 trees. The
revised landscape plans indicate that 24 trees are being provided.
A variance has been requested by the applicant for a 25 foot front yard setback for Lots 8, 9, and '
10. Staff is recommending the setback be reduced to a 20 foot front yard setback. In light of any
tree- related issues, this variance is appropriate. By pulling the houses forward, a number of trees '
will be kept out of the construction limits and their survival will, therefore, be guaranteed.
Highway 41 is a minor arterial road. The city ordinance requires all developments that abut an '
arterial or collector road to provide a landscape buffer. The applicant has developed a landscape
buffer plan along highway 41 with meets the intent of the ordinance.
GRADING AND EROSION CONTROL ,
The applicant has submitted detailed grading, drainage, and erosion control plans. Staff has '
reviewed these plans and find them generally acceptable with a few minor modifications such as
boulevard grading, lot grading on lots 8, 9, and 10, and storm pond relocation. These changes ,
were passed on to the developers engineer to incorporate into the plans. Construction plans may
not be revised in time for the City Council meeting; therefore, the staff requests that the City
Council grants Staff the flexibility to administratively approve the construction plans after the I
revisions are made.
The existing home and outbuildings will be relocated off -site or demolished in conjunction with I
the overall site grading improvements.
UTILITIES I
Detailed construction plans and specifications for utility extension have been submitted and
reviewed by City staff. Construction plans again will require minor modifications to be in ,
compliance with City standards. Staff has generated a development contract which incorporates
the conditions of final plat approval. The applicant should enter into the development contract
with the City and provide the necessary financial security to guarantee completion of the project ,
in accordance with the conditions of approval.
DRAINAGE
A storm water management plan and detailed drainage calculations were submitted for staff '
review and approval. Staff finds the plans generally acceptable with the exception of the pond
location. Staff believes a better location for the storm water pond is on lot 6. MNDOT required
1
1
Don Ashworth
Septemeber 9, 1996
' Melody Hill Final Plat
Page 9
' this P and in an effort to maintain pre - developed runoff rates in the Trunk Highway 41 drainage
' ditch.
Staff has calculated the applicant's SWMP fees based on 4.5 net developable acres (SFR rate) at
$3,600 for water quality and $8,910 for water quantity. These fees are due at the time of final
plat recording.
' Draintiles are being provided behind the curbs to convey sump -pump discharge from the new
homes to the storm sewer system.
STREETS
The plans propose on constructing a public street (Melody Hill Lane) in general accordance with
the City's urban street standards with the exception of a cul -de -sac diameter. The standard cul-
de -sac diameter is 60 Ft. (radius). The proposed cul -de -sac is almost 75 Ft. with a 30 Ft. radius
island. Staff has reviewed the design with Public Safety and the fire marshal and found that the
fire apparatus vehicles will be able to maneuver in this turn- around. However, a no- parking zone
should be established in the cul -de -sac to maintain traffic flows.
1 1
r-,
J
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, if
applicable, must be obtained and the septic system abandoned prior to issuance of a demolition
permit.
STAFF RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves the final plat for Melody Hill Subdivision # 96 -4, as shown on the
plans dated received August 20, 1996, subject to the following conditions:
1. Tree preservation conditions:
a. The applicant shall install tree preservation fencing at grading limits prior to any
grading or construction activities. Installed fencing must be approved by staff and
placed, at a minimum, at least 15 feet from the trunk.
Don Ashworth
Septemeber 9, 1996
Melody Hill Final Plat
Page 10
2_
Building Official condition:
b. Applicant will be required to preserve any trees not scheduled for removal. Trees
removed in excess will be replaced at a rate of 2 times the diameter.
'
C. All significant trees must be shown on the building permit surveys.
property.
'
'
d. The vegetated areas which will not be affected by the development will be
protected by a conservation easement. The applicant shall provide the city with a
legal description of these easements.
'
2_
Building Official condition:
'
n permits. This should be done prior to an grading
a. Obtain demolitio p p y gr g on the
property.
'
3.
Fire Marshal condition:
a. A 10 foot clear space must be maintained around fire hydrants, i.e. the street
lamps, trees, shrubs, bushes, NSP, US West, cable tv, and transformer boxes
Pursuant to City ordinance 9 -1.
'
4.
Park and trail fees shall be paid in lieu of land as required by city ordinances.
,
5.
The existing outbuildings and any septic system or wells on the site shall be abandoned in
accordance with City and/or State codes.
6.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Watershed District, Metropolitan Waste Control Commission, Health Department,
Minnesota Pollution Control Agency, MnDOT and comply with their conditions of
'
approval.
7.
Neighborhood identification monument signs require a permit.
,
8.
All areas disturbed as a result of construction activities shall be immediately restored with
seed and disc - mulched or wood -fiber blanket or sod within two weeks of completion of
,
each activity in accordance with the City's Best Management Practice Handbook.
D
t
Don Ashworth
Septemeber 9, 1996
Melody Hill Final Plat
Page 11
9. The proposed single family residential development of 4.50 net developable acres is
responsible for a water quality connection charge of $3,600 and a water quantity fee of
$8,910. These fees are payable to the City prior to the City filing the final plat.
10. Lots 2 through 10 should be mass graded prior to utility installation. Lot 1 shall be custom
graded when the building permit has been obtained through the City.
11. The applicant shall consider installing retaining walls in the rear of Lots 8, 9, and 10 in an
effort to reduce grading and tree loss.
12. The applicant shall obtain the appropriate demolition permits for removal of the existing
house. Sewer and water services shall be abandoned and disconnected the right -of -way line
at Melody Hill Road. The dwelling shall be removed within 30 days after the final plat has
been recorded.
13. City staff shall administratively approve the construction plans and specifications after the
revisions have been completed. As -built construction drawings will be required upon
completion of the utility and street improvements.
14. All lots with the exception of Lot 1 shall access the interior proposed street. No direct
access will be permitted from State Highway No. 41 or Chaska Road. Lot 1 shall access
from Melody Hill Road.
15. A no- parking zone shall be established by the City Council to prohibit parking in the cul-
de -sac. No parking signs shall be placed accordingly by the City and the is applicant
responsible for the cost of the signs.
16. The applicant shall work with staff to relocate the storm water pond on lot 5 to lot 6.
17. COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot
Lot
Lot
Home
Area
Width
Depth
Setback
Ordinance 15,000
90'
125'
30' front/rear
10' sides
BLOCK 1
Lot 1 18,299
96.18'
207.45'
30'/30'
10' corner lot
Don Ashworth
Septemeber 9, 1996
Melody Hill Final Plat
Page 12
Lot 2
15,005
107.18'
141.05'
30730'
10' comer lot
Lot 3
15,144
151.54'
140'
30730'
10'
Lot 4
16,259
56.88' * **
138'
30730'
10'
Lot 5
17,376
62.81' * **
161.5'
30'/30'
10'
Lot 6
15,956
62.15' * **
152'
30'/30'
10'
Lot 7
18,541'
57.21' * **
142.5'
30'/30'
10'
Lot 8
15,042
90'
155.76'
20' */30'
10'
Lot 9
15,079
97.55'
146'
20' */30'
10'
Lot 10
15,102'
104.96'
144.96'
20' */30'
10' corner lot
Right -of -Way
0.85 acres
* Staff is recommending a 10 foot variance to allow a 20 foot front yard setback for tree
preservation purposes. The City Council recommeded approval of the variance at their
August 12, 1996 meeting.
** Lots fronting on a cul -de -sac may be reduced, however, it must meet the 90 foot width at
the 30 foot front yard setback line.
ATTACHMENTS
Don Ashworth
Septemeber 9, 1996
Melody Hill Final Plat
Page 13
' 1. City Council minutes dated August 12, 1996.
2. Final Plat and Grading plans dated received August 20, 1996.
J
City ouncil Meeting - August 12, 1996 '
tY g �
Councilman Senn: So you're going to grant another month's extension with no commitment for any payment
whatsoever in the next month?
Councilwoman Dockendorf. They don't have, they're working on it. I mean they really are.
Councilman Senn: I know they're working on it but.
Councilwoman Dockendorf: Well, it's on a month.
Mayor Chmiel: Well even if we cut that month to two weeks, as Brad indicated, we would know that by our next '
Council meeting.
Councilman Mason: Well let's give him some cushion. I agree with Colleen. I think the month is a good
compromise. And then they'll have time to discuss this other option amongst themselves and see what shakes out.
Brad Johnson: The reason I can't answer... I
Councilman Senn: Well has Mr. Dahlin talked about it? I mean he and I and his attorney talked about that idea a
month ago.
Brad Johnson: His attorney is absent today. ..we're working on it.
Mayor Chmiel: Okay, is there a motion? I
Councilwoman Dockendorf: That would be my motion to extend the liquor license for Chanhassen Bowl for one
month, or two meetings shall we say? Two Council meetings.
Councilman Mason: Whichever comes first. I
Councilwoman Dockendorf: Whichever comes first. I
Councilman Mason: I'll second that.
Mayor Chmiel: Moved and seconded. Any other discussion? t
Councilwoman Dockendorf moved, Councilman Mason seconded to extend the liquor license for the
Chanhassen Bowl for two City Council meetings to discuss it at that time. All vcoted in favor, except '
Councilman Senn who abstained, and the motion carried.
PRELIMINARY PLAT REOUEST TO SUBDIVIDE 4.57 ACRES INTO 10 SINGLE FAMILY LOTS; ,
FRONT YARD SETBACK VARIANCE REQUEST; LOCATED EAST OF HIGHWAY 41 AND
ADJACENT TO MELODY HILL ROAD MELODY HILLS, SPRINGBROOK CORPORATION.
Sharmin Al -Jaffa Thank you Mr. Mayor, members of the City Council. This is a very simple, straight forward
subdivision. The applicant is requesting to subdivide 4.57 acres into 10 single family lots. The property is currently
zoned residential single family. It is located cast of Highway 41 and Chaska Road, south of Melody Hill Road and
north of Minnetonka Middle School West. The average lot size is 16,180 square feet. The resulting gross density is
2.1 units per acre. All the proposed lots meet the minimum requirements of the zoning ordinance with exception of
one lot. That is Lot 8. This parcel has frontage of 85 feet. The ordinance requires a 90 foot frontage. We believe '
this can be easily corrected. They just need to shift a few lines and we'll work with the applicant on it. The access to
the project will be via a newly constructed cul -de -sac which will extend southwest of existing Melody Hill. There
are trees distributed throughout the site with a natural line along the north and south side of the property. Due to ,
grading, a large number of those trees will be removed. The applicant is requesting a 5 foot front yard variance to
push the homes closer to the cul -de -sac at Lots 8, 9 and 10 and save the trees located south of those parcels. Staff is
recommending the applicant be permitted to place the homes 20 feet from the front property line. This way we can
City Council Meeting - August 12, 1996
protect more trees. Staff is recommending approval of this application with conditions outlined in the staff report.
Thank you.
Mayor Chmiel: Thank you. Is the applicant here? Something that you wish to say.
Howard Kyllo: Mr. Mayor, Council members. I'm Howard Kyllo with Springbrook Corporation. This is our first
time developing in Chanhassen and I wanted to say our appreciative we are of the help that we've gotten from the
staff, specifically Sharmin Al -Jaff, Kate Aanenson, Dave Hempel, Bob Generous have been very helpful in helping
us resolve our issues at the staff level. We have very little else to add. I'm basically here to answer questions.
Mayor Chmiel: Okay, thank you. Are there any questions at this time?
Councilman Berquist: I don't have any questions. I have some, I mean it's an absolutely gorgeous homestead now
and progress is oft times bittersweet. It's difficult to imagine that site developed. That's the only comment I've got.
Councilwoman Dockendorf: Well those were my exact thoughts. I did have one question though. The island in the
middle of the cul -de -sac. This is more for Dave. I thought the Fire Marshal didn't approve of those. Are we
softening our position?
Dave Hempel: Mr. Mayor, members of the Council. We've been working with Mark Littfm, the Fire Marshal and
actually went out and took a fire truck out into the cul -de -sacs and tested them. They are able to maneuver a fire
vehicle with the center islands as long as there are certain dimensions that have to be followed...
Howard Kyllo: This is a 150 foot cul -de -sac rather than the standard 120 which creates a larger radius... maintains
the street width around.
' Councilwoman Dockendorf: Well yeah, how does that affect, I mean that obviously puts more concrete out there.
Is that taking any more trees than a regular 120 or 130?
' Howard Kyllo: No. The house is sitting right... If we try to, originally we wanted to have a village green sort of
subdivision that would be in character of the old neighborhoods there. That wasn't practical. This is the closest we
could come to having a nice, a little oversized island and an oversized cul -de -sac. It also helped the frontages of the
lots so they can now squeeze down to the minimum of...
t Councilwoman Dockendorf: Well, I have no further questions. I just echo what Steve said.
' Howard Kyllo: We're going to do our best to maintain the character of the site.
Councilwoman Dockendorf: Well it's difficult to do with 10 lots on 4 %x acres but I appreciate it.
' Mayor Chmiel: Mike.
Councilman Mason: No questions.
Mayor Chmiel: Mark.
Councilman Senn: David. Looking at the plans I didn't really see anything as far as storm sewer goes. So where is
' retention or where is all the water going to go?
Dave Hempel: The plans do propose a storm sewer line at the back of the cul- de- sac... approximately half of the
front yard...
Councilman Senn: Okay, so you're saying the one going straight out, that line going out towards TH 41?
' Dave Hempel: That's correct.
City Council Meeting - August 12, 1996 '
10 1
Councilman Senn: Okay. Alright, in the plat it wasn't ... storm sewer, okay. So that's going to run from the cut -de-
1
sac out? So everything's basically going to drain to the ditch on TH 41?
)�
Dave Hempel: A little bit less than half the site will drain there.
Councilman Senn: And where will the other half drain to?
Dave Hempel: ...percentage, probably 10% or 15% will drain out via ... to Melody Hill Road. Right now the
property sheet drains in a northerly and westerly direction... State Highway 41.
'
Councilman Senn: Okay, and TH 41 can handle that volume? The additional volume.
Dave Hempel: We believe it can. We'll have drainage calculations to verify that. Just to add, there is a downstream
storm water retention pond that was constructed as a part of the TH 7 and TH 41 shopping center. It eventually ends
up there.
Councilman Senn: Okay. That's what I was wondering. Okay.
Mayor Chmiel: Okay? I don't have any questions either.
I'm
Councilman Berquist: I'd move approval of preliminary plat to subdivide, oh song.
Mayor Chmiel: Is there anyone wishing to address this at this particular time? If seeing none, I'd take that motion.
Councilman Berquist: Should I make it again?
Mayor Chmiel: Yep.
'
Councilwoman Dockendorf: I'll second it.
Mayor Chmiel: It's been moved and seconded.
'
Councilman Berquist moved, Councilwoman Dockendorf seconded to approves the preliminary plat for
Melody Hill Addition (Subdivision #964) for 10 single family lots with a 10 foot variance to allow a 20 foot
'
front yard setback on Lots 8, 9, and 10, as shown in plans received June 14, 1996 with the following
conditions:
1. Tree preservation conditions:
,
a. Applicant to install tree preservation fencing at grading limits prior to any grading or construction activities.
Installed fencing must be approved by staff and placed, at a minimum, at least 15 feet from the trunk.
'
b. Applicant must submit tree removal plan for the development as a condition of approval.
C. Applicant will be required to preserve any trees not scheduled for removal. Trees removed in excess will be
i
replaced at pte_gf 2 _times the diameter.
d. A landscape buffer plan along highway 41 shall be submitted to the City Forester for review and approval.
'
The landscape buffer plantings are in addition to the replacement planting of 24 trees.
e. All significant trees must be shown on the building permit surveys.
'
f. The vegetated areas which will not be affected by the development will be protected by a conservation
easement. The applicant shall provide the city with a legal description of these easements.
10 1
1
City Council Meeting - August 12, 1996
2. Building Official conditions:
a. Submit street names to the Public Safety Department, Inspections Division, for review prior to final plat
approval.
b. Revise the preliminary grading plan to show the location of proposed dwelling pads, using standard
designations and the lowest level floor and garage floor elevations. This should be done prior to final plat approval.
' C. Obtain demolition permits. This should be done prior to any grading on the property.
3. Fire Marshal Conditions:
a. A 10 foot clear space must be maintained around fire hydrants, i.e. the street lamps, trees, shrubs, bushes,
NSP, US West, cable tv, and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely
operated by firefighters. Pursuant to City ordinance 9 -1.
b. Install one additional fire hydrant at the intersection of Melody Hill Road and the new planned road.
' C. Submit street name to Building Official and Fire Marshal for review and approval.
4. Park and trail fees shall be paid in lieu of land as required by city ordinances.
E 5. The existing outbuildings and any septic system or wells on the site shall be abandoned in accordance with
City and/or State codes.
' 6. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Watershed
District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution Control Agency,
MnDOT and comply with their conditions of approval.
7. Neighborhood identification monument signs require a permit.
8. The frontage on Lot 8 shall be adjusted to meet ordinance requirements of 90 feet lot frontage.
9. The applicant will need to develop a sediment and erosion control plan in accordance with the City's Best
Management Practice Handbook and the Surface Water Management Plan requirements for new developments. The
plan shall be submitted to the City for review and formal approval. Type I erosion control fence shall be installed
around the downstream side of the construction limits. Rock construction entrances shall be employed and
maintained at all access points until the street has been paved with a bituminous surface.
10. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc -
mulched or wood -fiber blanket or sod within two weeks of completion of each activity in accordance with the City's
Best Management Practice Handbook.
' 11. The applicant shall provide detailed storm sewer calculations for 10 -year and 100 -year storm events and
provide ponding calculations for stormwater ponds in accordance with the City's SWMP for the City Engineer to
review and "approve prior to final plat approval. The applicant shall provide detailed pre - developed and post
developed stormwater calculations for 100 -year storm events. Individual storm sewer calculations between each
catch basin segment will also be required to determine if sufficient catch basins are being utilized.
' 12. The proposed single family residential development of 4.50 net developable acres is responsible for a water
quality connection charge of $3,600 and a water quantity fee of $8,910. These fees are payable to the City prior to
the City filing the final plat.
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City Council Meeting - August 12, 1996
13. Lots 2 through 10 should be mass graded prior to utility installation. Lot 1 may be custom graded when the
building permit has been obtained through the City.
14. The applicant shall consider installing retaining walls in the rear of Lots 8, 9, and 10 in an effort to reduce
grading and tree loss.
15. The applicant shall obtain the appropriate demolition permits for removal of the existing house. Sewer and
water services shall be abandoned and disconnected the right -of -way line at Melody Hill Road. The dwelling shall
be removed within 30 days after the final plat has been recorded.
16. Staff and the applicant shall evaluate the location of the proposed storm sewer line between Lots 4 and 5 to
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see if this is the most feasible location. A 20 -foot wide drainage and utility easement shall be dedicated o the final
plat and centered over the storm sewer line.
17. Prior to final plan approval, the applicant shall submit detailed construction plans and specifications in
accordance with the City's latest edition of Standard Specifications and Detail Plates for staff review and formal
approval by City Council in conjunction with final plat approval. As -built construction drawings will be required
upon completion of the utility and street improvements.
18. The cul -de -sac island shall be reviewed by City staff to ensure a proper turning radius for Public Safety
vehicles and the cul -de -sac reduced accordingly.
,
19. All lots with the exception of Lot 1 shall access the interior proposed street. No direct access will be
permitted from State Highway No. 41 or Chaska Road. Lot 1 shall access from Melody Hill Road.
All voted in favor and the motion carried.
APPEAL DECISION OF THE BOARD OF ADJUSTMENTS AND APPEALS, VARIANCE FOR A 10
,
FOOT FRONT YARD, A 4 FOOT EAST SIDE YARD, A 5 FOOT WEST SIDE YARD AND LAKESHORE
SETBACK VARIANCES FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON
PROPERTY ZONED RSF, RESIDENTIAL SINGLE FAMILY, 3705 SOUTH CEDAR DRIVE, JAMES
JASIN.
John Rask: Thank you Mr. Mayor, members of the Council. Mr. Jasin is requesting a variance to construct a year
round home on the lot w hich measures approximately 5,600 square feet. The lot is approximately 40 feet wide and
'
130 feet long. The property contains an existing 22 x 37 foot one story home. On July 22 " of 1996 the Board of
Adjustments and Appeals held a public hearing to consider the variance request to Mr. Jim Jasin. By a unanimous
vote the Board voted to deny the variance request as submitted by the applicant. This matter was tabled during three
previous meetings to give the applicant an opportunity to submit revised plans. The Board had indicated that they
would consider approval of the variances if the applicant reduced the width of the house. As proposed the applicant
is requesting a 6 foot variance on one of the side lot lines. A 4 foot on the other. The Board indicated that they
would consider approval of a house which would be basically 26 feet wide and would have side yard setbacks of 7
feet on both of the side lot lines. The applicant has revised his plans since originally submitted. The plans move the
house back to provide a 44 foot setback from the lake. The applicant's reduced the amount of impervious surface by
reducing the length of the home and he also has reduced the length of the home to provide a 30 foot setback from the
road. The overall height of the structure was also reduced by approximately 5 feet. However really the sticking
point on this has-been the side setbacks. As the Board had indicated that they would like to see a minimum of 7 feet.
Staff had recommended approval based on the applicant's plans subject to the conditions outlined in the staff report.
One of those being that it was to be a lookout as opposed to a walkout as it was originally shown. And then the
storm water being directed towards the street via rain gutters. Under the recommendation section of the staff report I
also provided the recommendation as approved by the Board of Adjustments. Just to quickly go over. This is what
is currently being proposed by the applicant. it's, actually this is level here so it'd be 44 feet and then 10 feet would
be shaved off the back by that 30 foot setback. As shown here. With that staff is recommending approval subject to
the conditions outlined in the report. I'd be happy to answer any questions.
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