1g. Mark and Kathy Sanda-One-year extension for Wetland Alteration Permit 93-4f
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
ANALYSIS
CITY OF ?
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Don Ashworth, City Manager
Sharmin Al -Jaff, Planner II `
November 15, 1994
p,-*p, by Ctt�1 Adminfstnr
!� A.
` reel , ai td (.dunril�
One Year Extension for Wetland Alteration Permit 93 -4, Mark and Kathy Sanda
The applicant is requesting a one year extension, which is the average time extension the City
Council typically grants. The applicants have encountered some delays that prevented them from
completing the work prior to the permit running out (see attached letter). The wetland alteration
permit will expire on December 13, 1994.
BACKGROUND
At the December 13, 1993, meeting, the City Council approved the request for a wetland
alteration permit (93 -4) to fill approximately 0.05 acre of a city classified Ag/Urban wetland and
0.15 acre of Natural Wetlands and to create additional wetland areas for the purpose of improving
a driveway to access a single family parcel. The Council approved this request subject to the
plans dated November 8, 1993, revised November 29, 1993, with the following conditions:
1. The mitigation area is intended to be similar to the existing basins and, therefore, should
be designed to the extent possible to have bottom contours that approximate those of the
existing basins. We recommend that the mitigation area be subcut to a depth 6 - inches
below the desired bottom elevation. The basins should then be lined with 6 -12 inches of
organic soils to be excavated from filled wetland areas. This lining of organic soils
should provide a seed source sufficient to facilitate the establishment of wetland
vegetation within the mitigation areas. Mitigation basins should be designed with
irregular edges and irregular bottom contours. Side slopes should be no steeper than 5:1;
side slopes of 10:1 or greater are preferable. If on -site soils demonstrate significant
permeability, consideration should be given to lining mitigation areas with clay or other
impervious materials prior to lining the basins with organic soils.
Don Ashworth
November 15, 1994
Page 2
2. Notification should be made to the Corps to verify coverage under their nationwide
Section 404 permit.
' 3. A protected waters permit must be authorized by the DNR before the project can proceed.
'
4.
The applicant or future landowner(s) shall be prohibited from using salts and de -icing
chemicals applied to the driveway in order to protect the quality of the water running into
'
the wetland areas.
5.
The applicant shall submit a driveway design section through the wetland area to the
engineering department for approval.
6.
The applicant shall obtain a cross access easement from neighboring properties where the
'
driveway encroaches.
7.
All retaining walls over 4 feet in height require a building permit.
'
8.
The driveway will service one single family home. Only one residence will be permitted
on the peninsula.
'
9.
The wetland alteration permit will expire after one year from the date of City Council
approval unless substantial construction on the driveway has taken place.
10.
The applicant shall be responsible for all attorney fees associated with reviewing and
recording this application.
'
11.
The bridge section shall be built to a 9 ton design and made of materials which will not
leech pollutants into the wetland or lake areas when emersed. The bridge section design
'
shall be submitted to the City Engineer for approval.
12.
In the event purple loosestrife areas are disturbed during construction of the proposed
1
driveway, such purple loosestrife shall be disposed of properly according to DNR
standards.
' 13. The applicant shall raise the driveway grade between the two wetlands adjacent to Lot
3, Block 2, Lake Lucy Highlands approximately one foot to an elevation of 981.0 and
revise the invert elevations of the proposed 12 -inch CMP culvert to 978.1 at the east end
f and 978.0 at the west end.
14. The applicant shall install the proposed 21 -inch CMP culvert in a manner to facilitate
stormwater runoff from the Kimble's property.
Don Ashworth
November 15, 1994
Page 3
STAFF RECOMMENDATION:
Staff recommends the City Council adopt the following motion:
"The City Council approves a one year extension for Wetland Alteration permit #(93 -4) to fill
approximately 0.05 acre of a city classified Ag/Urban wetland and 0.15 acre of Natural Wetlands
and to create additional wetland areas for the purpose of improving a driveway to access a single
family parcel."
ATTACHMENTS
1. Location.
2. Letter from Mark and Kathy Sanda dated November 7, 1994.
3. City Council minutes dated December 13, 1993.
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November 7, 1994 '
Mayor Chmiel and City Council
'
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
'
ATTN: Sharmin Al -Jaff
,
RE: Extension of Permit #(93 -4): Wetland Alteration for Driveway Improvement
to the Sanda Peninsula on Lake Lucy
,
Dear Mayor Chmiel and City Council:
On December 13 1993 the City Council granted the above permit for the
improvement of an existing driveway.
'
We are requesting a one -year extension on this permit for the following reasons:
'
1. Fish spawning and migration limited construction activity from April 1 -
June 30.
2. We were delayed until August in obtaining a beneficial access easement
from a neighbor, due to her being out -of -state for five months.
3. Personal reasons -- we have happily just completed the adoption of a child
'
which has consumed our time resources over the last two months.
We respectfully ask the City Council for an extension of our permit to '
December 13, 1995, with all other conditions contained in your letter dated
December 22, 1993.
If you agree in this matter, we would appreciate written confirmation as soon as '
possible.
Sincerely, '
? � '16
Mark and Kathy Sanda
i Chanhassen City Council - December 13, 1993
AWARD OF BIDS: FIRE ENGINE REFURBISHING.
Councilman Wing: Would it be too forward to move that Mr. Mayor?
Mayor Chmiel: No, I would think that in looking to what we have. There's a motion on the floor to move it
but we'll have discussion.
' Councilman Wing: No, no. No, please. I wish to have that taken from the record. It was inappropriate.
' Mayor Chmiel: Okay. You're removed. Yes, Colleen.
Councilwoman Dockendorf: Are these the, Scott are these the bids that we had previously when we decided not
to do anything about it?
' Scott Harr: No.
' Councilwoman Dockendorf: How did those bids look in comparison to these?
Scott Harr: The new bids are slightly higher because one of the things that we agreed with working on this with
the City Manager was rather than just cutting and pasting and patching, let's extend the life of the truck
' significantly. We could do that for another $10,000.00. That's to keep the truck going that much longer, that
was a better investment.
Councilwoman Dockendorf: Okay. That's all.
Mayor Chmiel: Any other questions? Hearing none, I'll entertain a motion.
' Councilman Senn: I'll move approval.
Councilman Mason: Second.
' Mayor Chmiel: It's been moved and seconded Any other discussion?
' Resolution #93 -124: Councilman Senn moved, Councilman Mason seconded to award the Fire Engine 210
Refurbishing bid to Toyne in the amount of $74,970.00. All voted in favor, except Councilman Wing who
abstained, and the motion carried.
' Mayor Chmiel: One abstention. Only because Mr. Wing is on the Fire Department.
WETLAND ALTERATION PERMIT TO PROVIDE A DRIVEWAY ACCESS TO A SINGLE FAMILY
PARCEL, LOCATED SOUTH OF LAKE LUCY ROAD AND NORTH, EAST AND WEST OF LAKE
LUCY ROAD; THE PARCEL IS A PENINSULA IN LAKE LUCY, MARK AND KATHY SANDA.
' Sharmin Al -Jaffa The site is a peninsula located north, east and west of Lake Lucy. The only access for this
site is via a 33 foot wide strip. This strip is approximately 1,700 feet in length. Currently there is a trail ... this
trail into a driveway. In order to do that they need to fill wetlands. A wetlands will be filled in this area and
then in this area. This is approximately .2 of an acre. They are replacing it with additional wetlands which
18
Chanhassen City Council - December 13, 1993
exceeds the amount of fill that they are putting in. This item appeared before the Planning Commission on
November 17th. There were two issues raised. I guess the most significant one which has caused some
revisions in this plan was the concern of one of the neighbors who has trees just southwest of the site. Of the
driveway and what the applicant did was located a culvert and this culvert basically takes care of any standing
water in this area. There were other issues that were raised at the Planning Commission. We feel all of them
have been addressed and we are recommending approval with the conditions outlined in the report. Thank you.
Mayor Chmiel: Good. Thank you Sharmin. Is there a representative tonight wishing to indicate anything at all
regarding the Sanda's?
Mark Sanda: My name is Mark Sanda. This is my wife Kathy and we've been residents of Chanhassen for
nearly 7 years. We've the people that are going for this approval of the existing, of an existing driveway that's
been there for many years. First of all we appreciate you moving us up on the agenda...A lot of discussion took
place at the Planning Commission meeting on the 17th. We had a number of our neighbors get up and speak
that they had no opposition to this. We've also got letters from many of them. There were some people that
had concerns and as Sharmin mentioned, we feel we've addressed all of those in full. I don't believe there's
anybody here tonight that was at that meeting and hopefully that's indicative of the fact that we've satisfied
everyone's concerns. We've been working with the city since day one on this and the DNR and contacted all
Council members that wanted to come out and look at the site. So we hope that you'll follow the
recommendation of the Planning Commission to approve our driveway permit. Thanks a lot.
Mayor Chmiel: Thank you. Appreciate it. Are there any questions of the Council?
Councilwoman Dockendorf: I just have one. If their driveway is flooded, washed out in any way, can the city
become responsible for approving this?
Mayor Chmiel: Roger?
Roger Knutson: No. You're not legally responsible. They can complain.
Mayor Chmiel: One other question that I had too Roger. In regard to construction on that particular piece of
property. We've had some suits initiated against us because of poor soils. A basement was put in, caving in.
The city was brought into it because of the inspections. Is there any way that the soils contained here could
cause a problem and have us brought back into a suit? Or would it be better for us to have a condition put
within, as an additional condition.
Roger Knutson: A disclaimer?
Mayor Chmiel: Right.
Roger Knutson: A disclaimer would be appropriate but when you issue a permit, even though people can sue
you about it, there's a great body of case law in Minnesota that's 100% supported so far. That says that giving
a building permit or a conditional use permit or what have you is not an insurance policy. You're inspecting for
the public good and you do not create any private rights. That's the case law now. So just because people have
problems with their construction does not make the city responsible but I think a disclaimer would be
appropriate.
19
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i Chanhassen City Council - December 13, 1993
' Mayor Chmiel: Okay. Could you give us a disclaimer?
Roger Knutson: ...referred to soils, you can just say we have, I think we have on other permits occasionally just
' saying that the City makes no representation about subsurface conditions or the stability of the site for a
driveway.
Mayor Chmiel: Alright. I would so move that language. Being incorporated as part of the wetland alteration
' permit.
Councilman Wing: Second.
' Mayor Chmiel moved, Councilman Wing seconded to Approve Wetland Alteration Permit #93-4 as shown
on the plans dated November 8, 1993, with the following conditions:
' 1. The mitigation area is intended to be similar to the existing basins and, therefore, should be designed to the
extent possible to have bottom contours that approximate those of the existing basins. We recommend that
the mitigation area be subcut to a depth 6 -12 inches below the desired bottom elevation. The basins should
' then be lined with 6 -12 inches of organic soils to be excavated from filled wetland areas. This lining of
organic soils should provide a seed source sufficient to facilitate the establishment of wetland vegetation
within the mitigation areas. Mitigation basins should be designed with irregular edges and irregular bottom
' contours. Side slopes should be no steeper than 5:1; side slopes of 10:1 or greater are preferable. If on -site
soils demonstrate significant permeability, consideration should be given to lining mitigation areas with clay
or other impervious materials prior to lining the basins with organic soils.
' 2. Notification should be made to the Corps to verify coverage under their nationwide Section 404 permit.
3. A protected waters permit must be authorized by the DNR before the project can proceed
' 4. The applicant or future landowner shall be prohibited from using sheold miftimiae the amemis a salts and
de -icing chemicals applied to the driveway in order to protect the quality of the water running into the
' wetland areas.
5. The applicant shall submit a driveway design section through the wetland area to the engineering
department for approval.
6. The applicant shall obtain a cross access easement from neighboring properties where the driveway
encroaches.
7. All retaining walls over 4 feet in height require a building permit.
8. The driveway will service one single family home. Only one residence will be permitted on the peninsula.
' 9. The wetland alteration permit will expire after one year from the date of City Council approval unless
substantial construction on the driveway has taken place.
10. The applicant shall be responsible for all attorney fees associated with reviewing and recording this
application.
20
Chanhassen City Council - December 13, 1993
11. The bridge section shall be built to a 9 ton design and made of materials which will not leech pollutants '
into the wetland or lake areas when emersed. The bridge section design shah be submitted to the City
Engineer for approval.
12. In the event purple loosestrife areas are disturbed during consdmc6m of the proposed driveway, such '
purple ioosestrife shall be disposed of properly according to DNR standards.
13. The applicant shall raise the driveway grade between the two wet'-n& adjacent to Lot 3, Block 2, '
Lake Lucy Highlands approximately one foot to an elevation of 981.0 and revise the invert elevations
of the proposed 12 -inch CMP culvert to 978.1 at the east end and 97LO at the west end.
14. The applicant shall install the proposed 214ach Clip cWvcn in a ananner to facilitate stormwater '
runoff from the Kimble's property.
All voted in favor and the motion carried unanimously. '
SITE PLAN REVIEW AND CONDITIONAL USE PERMIT FOR A 14.132 SO. FT. BIERLY'S '
SUPERMARKET, A 26,100 RETAIL BUILDING, AND A 7,000 SO. FT. COMMERCIAL BUILDING,
LOCATED ON LOT 4, BLOCK 1, WEST VILLAGE HEIGHTS 2ND ADDMON, T.F. JAMES
COMPANY.
Public Present: '
Name Address '
Vernelle Clayton
422 Santa Fe Circl°
Arnie Privie
Gateway Foods lm%
'
Tim Menning
Burnsville
Lyle King
Festival Foods
Kent Dixon
Delano
'
Bob King
Festival Foods
Dan Beckman
6895 Chaparral Lane
John Meyers
Byerly's
Tim McCoy
McCoy Architects
'
Charlie James
T.F. James Company
Mayor Chmiel:
Why has this not been put under public hearing then if it's a conditional use permit? Don?
'
Roger Knutson:
The Planning Commission holds the public hearing on the conditional use permit.
Mayor Chmiel:
Thank you. That's right.
Councilman Wing: I didn't know that. Don't apologize to me. '
Mayor Chmiel: Okay. Site plan review and conditional use permit for a 64,132 square foot Byedy's
21