6. Tim Erhart, Butternut Ridge: Preliminary & Final Plat.CITY O F PC DATE: Jun. 21, 1995
1 s s CC DATE: Jul. 10,1995
CASE #: 95 -9 SUB
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STAFF REPORT
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Erhart Subdivision
June 21, 1995
Page 2
PROPOSAL /SUMMARY
The Zoning Code allows a minimum lot size of 15,000 square feet in A -2 Residential Zoning
Districts, outside the Metropolitan Council's Urban Service Area if a one -unit per ten acre
density is maintained, soil and water conditions permit a well, two on -site sewer systems are
available, and is served by a publicly dedicated street or on a private drive. The applicant is
requesting preliminary and final plat approval to subdivide 122.29 acres into one lot of 2.53
acres and an outlot of 119.76 acres. One of the lots will be occupied by an existing home.
The second parcel will remain as is and is not proposed to be developed. The site is off of
West 96 Street and is outside of the MUSA line. The ordinance requires a 1 unit per 10 acre
density for property outside of the MUSA line. In order for the smaller piece (2.53 acres) to
be subdivided off, the remnant piece (119.76 acres) must be platted as an outlot. The smaller
parcel will be serviced by a private drive. No new home sites are being created. This is a
very simple split. Because a new lot is being created, the city must take action on this
proposal.
One of the issues staff has concerns about was the future ability of this parcel to subdivide
when sewer and water is available. The applicant has prepared a ghost plat showing how this
area could be developed. Staff's goal is to eliminate the private drive when a public street is
available and this will be a condition of approval.
Staff is recommending approval with conditions.
SUBDIVISION
The applicant is requesting preliminary and final plat approval to subdivide 122.29 acres into
one lot of 2.53 acres and an outlot of 119.76 acres. Staff is recommending the smaller lot be
labeled as Lot 1, Block 1, and the larger lot be labeled as Outlot A.
Staff notes that the proposal is consistent with the Comprehensive Plan and generally
consistent with the Zoning Ordinance.
There currently exists one driveway access to the lot. This driveway will be maintained in its
current form. The applicant shall obtain a cross access easement over the outlot to service the
existing residence. When the outlot is developed, the lot will be required to access from that
public street and the private drive eliminated.
Erhart Subdivision
June 21, 1995
Page 3
Wetland Protection
Wetlands occupy large portions of the site however, no changes are proposed. In fact,
through the years, the applicant has done a lot of work to restore wetlands impacted by
drainage.
Ut iliti es
Utilities are not available to the site. Individual sewage treatment system (ISTS) sites for the
existing dwelling and buildings are not shown on the proposed plat. Chanhassen City Code
requires the location of two ISTS sites be shown for each lot. The location of these sites
should be determined by a site evaluator licensed by Carver County. In addition, it must be
demonstrated that the existing ISTS is not a noncomplying or failing system. A licensed
inspector is required to make a determination of the status of the existing ISTS. The existing
ISTS, if it is not a failing or noncomplying system, may be on one of the proposed ISTS
sites.
Erosion Control
No construction is proposed on the site, therefore, erosion control measures are not required.
Easements
The plat shall indicate the following easements:
1. Standard drainage and utility easements along each lot line.
2. Cross access easement for the existing driveway.
Park and Recreation
The applicant will not create a new buildable lot, therefore, park and trail fees are not
required at this point.
COMPLIANCE WITH ORDINANCE - A -2 DISTRICT
Lot Lot
Area Width
Ordinance 15,00 sq.ft 90'
Lot 1 2.53 acres 203.07'
Outlot A 119.76 acres NA
Home
Home
Depth
Setback
125'
30' front/rear
10' sides
419.47'
90'
NA
Erhart Subdivision
June 21, 1995
Page 4
PLANNING COMMISSION UPDATE
On June 21, 1995, the Planning Commission reviewed and unanimously approved this
application with conditions recommended in the staff report.
RECOMMENDATION
The Planning Commission recommended the City Council adopt the following motion:
"The City Council approves Subdivision #95 -9 as shown on the plans dated June 5, 1995,
subject to the following conditions:
1. The smaller lot shall be labeled as Lot 1, Block 1, Name of Subdivision, and the
larger lot shall be labeled as Outlot A.
2. The following easements shall be provided:
a. Standard drainage and utility easements along each lot line.
b. Cross access easement over the existing driveway to provide access to the
existing residence.
3. Show the location of two proposed ISTS sites. This must be done before final plat
approval.
4. Demonstrate the existing ISTS is not a failing or noncomplying system.
5. An agreement stating that when the outlot is developed, Lot 1 will be required to
access from that public street and the private drive eliminated."
ATTACHMENTS
1. Memo from Steve Kirchman dated June 12, 1995.
2. Planning Commission minutes dated June 21, 1995.
3. Preliminary plat dated June 5, 1995.
MEMORANDUM
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Sharmin Al -Jaff, Planner II
FROM: Steve A. Kirchman, Building Official I�
DATE: June 12, 1995
SUBJECT: 95 -9 SUB (Tim Erhart)
I was asked to review the site plan proposal stamped "CITY OF CHANHASSEN, RECEIVED,
JUN - 5 19 9 5 , CHANHASSEN PLANNING DEPT " for the above referenced project.
Analysis:
ISTS Sites. Individual sewage treatment system (ISTS) sites for the existing dwelling and
buildings are not shown on the proposed :plat.. Chanhassen City Code requires the location of
two ISTS sites be shown for each lot. The location of these sites should be determined by a site
evaluator licensed by Carver County. In addition, it must be demonstrated the existing ISTS is
not a noncomplying or failing system. A licensed inspector is required to make a determination
of the status of the existing ISTS. The existing ISTS, if it is not a failing or noncomplying
system, may be on one of the proposed ISTS sites.
Recommendations:
The following conditions should be added to the conditions of approval.
1. Show the location of two Proposed ISTS sites. This must be done before final plat
approval.
2. Demonstrate the existing ISTS is not a failing or noncomplying system.
g :\safety \sak\memos\plan\erhart.sj 1
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Planning Commission Meeting - June 21, 1995
11. One additional "No Parking -Fire Lane" sign must be placed on the north side of the
building. In addition, where "No Parking -Fire Lane" signs are installed, curbing must be
painted yellow. This should be indicated on the overall site plan. Also, a 10 foot clear
space must be maintained around all fire hydrants.
12. The applicant must provide for a roof access stair complying with MSBC 1300.4500.
This revision to the plans must be made before issuing building permits.
13. The applicant shall provide a five foot wide concrete sidewalk from the sidewalk on
Powers Boulevard to the northwest corner of the parking lots.
All voted in favor and the motion caiiied.
PUBLIC HEARING:
PRELIMINARY PLAT TO SUBDIVIDE 122.29 ACRES INTO ONE LOT OF 2.53 ACRES
AND AN OUTLOT OF 119.76 ACRES ON PROPERTY ZONED A2, AGRICULTURAL
ESTATES AND LOCATED NORTHWEST OF WEST 96TH STREET AND WEST OF
HIGHWAY 101, TIM ERHART.
Kate Aanenson presented the staff report on this item.
Mancino: Thank you. Any questions of staff from commissioners?
Meyer: Kate, the number 5. That will be incorporated into the deed? That's a private
a
Aanenson: Correct.
Meyer: Okay.
Mancino: Any other questions? Thank you. Does the applicant wish to give a presentation?
Tim Erhart: Thank you for the invitation and I'd like to say ... being up here on a nice summer
evening. I put in my 6 years. I just want to say that we've lived here 14 years and we're not
leaving the area. We're going to buy a house on Lake Riley so we're staying in Chanhassen.
That means I'm still eligible to be on the Planning Commission again. Other than that, I
think it's in line with it I think. I've always been concerned about the property, that whatever
we do with the property, in 14 years, we do it consistent with the future plan and so the ghost
plat really fits with what we've been thinking all along. I think it's logical...
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Planning Commission Meeting - June 21, 1995
Mancino: Any questions for the applicant? My only question is, are you going to let the
new owners cut down any of those trees that you planted?
Tim Erhart: I don't think so. No, they wouldn't do it there. I'm getting very successful at
selling a few.
Mancino: Are you?
Tim Erhart: Yeah. A lot of them are 14 -15 feet high now. It's amazing once they get a
couple feet high, how fast they grow ... Kind of a fun project. My heart wants to stay at this
place but my wife and three kids, there's just not enough room in the house. Not logical to
stay there. She found a really pretty house with lots of room for the kids.
Mancino: So you're going to move on. Well, thank you. May I have a motion to open it for
a public hearing please.
Farmakes moved, Meyer seconded to open the public healing. All voted in favor and the
motion cwiied. The public healing was opened.
Mancino: This is a public hearing. Would anyone wish to come up and speak on this issue?
Seeing none, may I have a motion to close the public hearing.
Farmakes moved, Meyer seconded to close the public hewing. All voted in favor and the
motion cwiied. The public hewing was closed.
Mancino: Commissioners. Craig. Comments?
Peterson: No concerns. Everything seems to be addressed.
Mancino: Okay. Mike.
Meyer: Nothing.
Farmakes: No comment.
Mancino: No comment. Do I have a motion please?
Farmakes: I'll make a motion that the Planning Commission recommend approval of
Subdivision 995 -9 as shown on the plans dated June 5, 1995, subject to the following
conditions I thru 5.
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Planning Commission Meeting - June 21, 1995
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Mancino: Do I hear a second?
t Meyer: Second.
' Mancino: Any discussion?
Faimakes moved, Meyer seconded that the Planning Commission recommends that the City
' Council approve Subdivision 495 -9 as shown on the plans dated June 5, 1995, subject to the
following conditions:
' 1. The smaller lot shall be labeled as Lot 1, Block 1, Name of Subdivision, and the larger
lot shall be labeled as Outlot A.
2. The following easements shall be provided.
' a. Standard drainage and utility easements along each lot line.
b. Cross access easement over the existing driveway to provide access to the existing
residence.
' 3. Show the location of two proposed ISTS sites. This must be done before final plat
approval.
' 4. Demonstrate the existing ISTS is not a failing or noncomplying system.
' 5. An agreement stating that when the outlot is developed, Lot 1 will be required to access
from the public street and the private drive eliminated.
I All voted in favor and the motion cai-►ied.
' PUBLIC HEARING:
PRELIMINARY PLAT TO SUBDIVIDE OUTLOT A, BRENDEN PONDS INTO 2 LOTS
AND 1 OUTLOT ON PROPERTY ZONED RSF AND LOCATED NORTH OF HIGHWAY
1 5 AND EAST OF HIGHWAY 41, CITY OF CHANHASSEN.
Kate Aanenson presented the staff report on this item.
' Mancino: Thank you. Any questions for staff? Kate, I have one. As I read through this I
was a little confused. I want to make sure that I got it right. At the beginning on page 2, the
' first paragraph. Lot 1 it says is a single family residence and Lot 2 is the well house.
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