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4. Hiscox Addition Preliminary Plat & Vacation of EasementsCITY O F PC DATE: 2/2/94 CHANHASSEN CC DATE: 2/28/94 CASE #: 87 -31 SUB ■ ■ STAFF REPORT PRESENT ZONING: Single Family Residential (RSF) WN of wo ul*~ no ACREAGE: 2.8 acres f twed 00 Submitted to CommiaSlon DENSITY: 1.05 units per acre Date $ubri "re to Council ADJACENT ZONING A - 4 a - z AND LAND USE: N - Lotus Lake S - RSF, single family E PUD -R, South Lotus Lake Addition W - RSF, single family WATER AND SEWER: Municipal services are available PHYSICAL CHARACTER.: Site contains severe topography toward the lake. 2000 LAND USE PLAN: Low Density Residential (1.2 - 4.0 units per acre) ��_ �� �'Li•1� ic� J r 19 '11J1m: i :� v : 49 Al raw ► : C l. ' r� i i - R AP An fit a t � V- lisp 0 w Mimi 11 law, oil MOM I M IL AW ig x �.• w��� , III Hiscox Subdivision January 27, 1994 Page 2 PROPOSAL /SUMMARY The applicant is proposing the replatting of portions of three lots from parcels in two subdivisions ' in order to create three waterfront lots on Lotus Lake which meet all the City Code requirements. The proposed lot sizes exceed the minimum requirement of the Shoreland Ordinance for lots on ' recreational development lakes. The proposed lot widths equal or exceed the 75 foot minimum lake frontage requirement. Lot width requirements at the cul -de -sac are also met. This subdivision will create a lot for one additional home at the end of the cul -de -sac. The applicant , is also proposing the vacation of a 33 foot roadway easement extending from the Erie Avenue cul -de -sac to Lotus Lake. The site contains extreme topography from the edge of the tree line which begins at ' approximately the 958 contour. The first one -third of the site is somewhat flatter and, therefore, the proposed building pad is located in this area in front of the existing wooded area. Erosion ' control for Lot 2 is indicated on the preliminary plat at approximately the 958 contour. The Shoreland Ordinance prohibits the clearcutting of vegetation within the shoreland area of a , recreational lake. Limited vegetative clearing, cutting, pruning, and trimming to provide a view of the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water ' oriented accessory structures is permitted. Therefore, it is recommended that a tree removal plan be submitted for city approval prior to the issuance of a building permit for access to the lake. Staff is recommending approval of the preliminary plat subject to the conditions contained in this ' report. ' BACKGROUND The initial proposal for this subdivision began in August 1987. However, the applicant withdrew ' the application prior to a final decision on the preliminary plat by City Council. This withdrawal was to permit the completion of the Torrens proceedings for the property. The subject parcel is composed of two parcels from two existing subdivisions. The existing home on the eastern , portion of the site, proposed Lot 3, is described as Lot 7, Block 4, South Lotus Lake Addition, which was platted concurrent with the approval of the South Lotus Lake plat. The western ' portion of the site, proposed Lots 1 and 2, is described as a part of Auditor's Subdivision Number 2. An Auditor's Subdivision means that the Carver County Auditor proceeded to plat properties because of the confusion created by numerous metes and bounds descriptions. The ' original owner of the lots in Auditor's Subdivision Number 2 conveyed a number of metes and bounds splits which have caused confusion as to lots line locations and property descriptions. Further complicating the description of the property is the existence of a "ghost" plat that was ' prepared in 1957 but was never filed at the Carver County Recorder's Office. F, F E Hiscox Subdivision January 27, 1994 Page 3 LANDSCAPING/TREE PRESERVATION The northerly portion of the lots contain steep slopes and a variety of trees. The Shoreland Ordinance prohibits the clearcutting of vegetation within the shoreland area of a recreational lake. Limited vegetative clearing, cutting, pruning, and trimming to provide a view of the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water oriented accessory structures is permitted. Therefore, it is recommended that a tree removal plan be submitted for city approval prior to the issuance of a building permit for access to the lake. The two spruce trees located in the front yard of proposed Lot 2 meet the subdivision requirements for landscaping and, if preserved, no additional trees will be required. GRADING/DRAINAGE The property is located on the south side of Lotus Lake, east of Frontier Trail and north of Erie Avenue. According to the City's Wetland Inventory, this site does not contain wetlands, therefore, a wetland alteration permit application is not necessary. The proposed lots of which two are already constructed on (Lots 1 and 3) are situated so the drainage pattern flows over land from Erie Avenue to Lotus Lake. Lot 2 is proposed to accommodate a walkout -type structure which is best suited for the lot. Only minimal grading is anticipated to accommodate the proposed dwelling. Staff recommends drainage swales be constructed around both sides of the proposed dwelling to maintain the neighborhood drainage pattern through the parcel. The house pad for Lot 2 is proposed to be lower than Erie Avenue. Thus, the drainage from the proposed driveway will have to be diverted away from the building at the garage entrance. The driveway should be constructed to direct runoff away from the building. Erosion control fence is proposed along the downstream side of the proposed house footprint. Staff recommends Type I erosion control fence be employed during construction of the dwelling. Due to the steep slopes, the site should be restored as soon as possible after construction with either sod or erosion control blanket to minimize erosion and sedimentation. A second set of erosion control fencing may be necessary at the toe of the slope if weather conditions are conducive to high runoff rates into Lotus Lake. The northerly portion of the lots contain steep slopes and a variety of trees. In a previous subdivision, i.e. South Lotus Lake Addition, the City required dedication of a slope /preservation or conservation easement over much of the wooded slopes to maintain vegetation and prevent erosion problems. This type of preservation easement would also be a benefit on this parcel. UTIMITIES/EASEMENTS Municipal sewer and water service is available to the site from Erie Avenue. The existing homes on Lots 1 and 3 are already connected to municipal sewer and water. Currently, no sewer or Hiscox Subdivision January 27, 1994 Page 4 ' water service stub is available to Lot 2. However, the City would extend a sewer and water service to the property line from Erie Avenue after issuance of a building permit and payment , of the applicable connection and hookup fees. These fees are calculated and adjusted yearly by the City's Finance Department. According to the survey, an existing overhead power line intersects Lots 1 and 2. It may be , prudent at this time to relocate this power line underground along the common property within a dedicated utility and drainage easement to resolve the current situation on Lot 1 and avoid , future problems on Lot 2. A 15 -foot wide sanitary sewer easement exists through the northerly portion of Lots 1,2 and I , Staff recommends that the final plat dedicate a 20 -foot wide drainage and .utility easement centered over the existing 15 -foot wide sewer easement to provide sufficient room for maintenance. The typical 5 -foot side and 10 -foot front and rear drainage and utility easement ' should also be dedicated on the final plat. PARK AND TRAIL DEDICATION , A proposed ten foot trail easement is provided across Lot 1 to provide access for the beach lot located to the north of this site. However, this trail is something that the developer is providing ' for the homeowners association and is not being required by the city. Therefore, no trail fee credits shall be provided. ' Park and trail fees shall be as established by city ordinance. One -third ( 1 /6) of such fees shall be payable at the time of final platting. Park and trail fees shall be payable at the time of building permit application at the rate in force at that time, less any fees paid at the time of platting. , STREETS /ACCESS I The plat is serviced by Erie Avenue which is constructed to city urban standards. Erie Avenue is a local street consisting of a cul -de -sac approximately 1,100 feet in length. ' MISCELLANEOUS A development contract will Awt be necessary for final plat approval. The applicant should ' however provide a cash escrow of $400.00 to the city for review and recording of the final plat by the City Attorney's office. ' 11 � I ' Hiscox Subdivision January 27, 1994 Page 5 ' COMPLIANCE TABLE REQUIRED BY CODE PROPOSED Lots Area 20,000 sq ft 37,250 - 46,750 sq ft Frontage 90 feet 90 - 125 ft at building setback ' Depth 125 feet 133.72 - 396 ft Setbacks ' Front 30 ft 30 ft Rear 30 ft 30 ft ' Sides 10 ft 10 ft Shoreland 75 ft 130 ft FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Hiscox Subdivision ' January 27, 1994 Page 6 Finding: The proposed subdivision will not cause environmental damage subject to conditions if approved. ' 6. The proposed subdivision will not conflict with easements of record. Fes The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The ro osed subdivision is not remature. A subdivision is premature if an of the ' P P P P Y following exists: a. Lack of adequate storm water drainage. , q b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off -site public improvements or support systems. Findin The proposed subdivision is provided with adequate urban infrastructure. , PLANNING COMMISSION UPDATE I The Planning Commission held their public hearing on February 2, 1994. The only issues that warranted discussion were the status of the Torrens proceedings and a question why a ' conservation easement was not recommended. The Torrens proceeding should be completed prior to the City Council hearing and will resolve the legal boundary issue. Staff believes that the shoreland regulations adequately protects the existing trees and the condition recommended as , part of the approval will be sufficient. Additionally, a conservation easement would prohibit the applicant from doing any clearing below the 958 contour including lake view corridors and stairways down to the lake. ' The Planning Commission recommended approval of the preliminary plat for the Hiscox addition subject to the ten conditions included in the staff report with the addition of an eleventh condition ' that the Torrens proceedings be resolved prior to the final platting of the subdivision. RECOMMENDATION 1 (Note: Planning Commission added condition number 11. Staff is proposing an addition to the condition for clarification.) Staff recommends that the City Council adopt the following motion: , "The City Council approves the preliminary plat and final plat (case #87 -31 SUB) of 2.8 acres , of land and the vacation of the 33 foot wide road easement to create three (3) single family lots subject to the following conditions: , Hiscox Subdivision January 27, 1994 Page 7 1. The driveway access to Lot 2 should be constructed to direct runoff away from the ' building. Drainage swales should be constructed to convey runoff around both sides of the proposed building to maintain the neighborhood drainage pattern through the parcel. I 2. Type I erosion control should be installed on Lot 2 prior to construction and maintained until the site is fully revegetated. ' 3. Upon issuance of a building permit for Lot 2 and payment of the applicable connection hookup fees, the city will extend the sewer and water service to the southerly property line for the applicant or property owner to connect on to. ' 4. An existing overhead power line should be relocated underground along the common property line between Lots 1 and 2 within the dedicated drainage and utility easement. ' 5. Final plat shall dedicate a 20 -foot wide drainage and utility easement centered over the existing 15 -foot wide sanitary easement through Lots 1, 2 and 3. The final plat shall ' dedicate 5 -foot wide side yard and 10 -foot front and rear drainage and utility easements on each lot. ' 6. The applicant shall provide the city with a $400.00 cash escrow account for review and recording of the final plat by the City Attorney's office. Additionally, a development ' contract containing these conditions shall be entered into between the developer and the city and be recorded with the final plat. I 7. A tree removal plan shall be submitted for city approval prior to the issuance of a building permit for access to the lake. ' 8. Limited vegetative clearing, cutting, pruning, and trimming to provide a view of the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water oriented ' accessory structures is permitted below the 958 contour. 9. The house pad shall be limited to an area above the 958 contour. 10. Park and trail fees are required of this development. One -third ( A) of such fees shall be payable at the time of final platting. Park and trail fees shall be payable at the time of I building permit application at the rate in force at that time, less any fees paid at the time of platting. ' 11. The Torrens proceedings must be completed and be resolved based on the legal description used for this subdivision prior to submission of the mylars for signatures." Hiscox Subdivision January 27, 1994 Page 8 Attachments: I 1. Project Location Map 2. Development Review Application , 3. Reduced Preliminary Plat 4. Memo from Dave Hempel and Diane Desotelle dated 1/18/94 5. Letter from Robert C. Obermeyer dated 12/20/93 ' 6. Public Hearing Notice and Mailing List 7. Planning Commission minutes dated 2/2/94. i n /e � n o cv fn �\ p SpP E �m \ 0 0� o� N C m� 0, Ir O L m J � F ti Yd W 2z. cr / oam =� Q 0 0 0 0 d ' ►9 )09 A e a3JN31 AWI. a- D N M m O� z w h O J U. O I.- cr- a 0 0 N 24 W O Z N m 3 III = o � o W h f i N b 7 m m SIL r nl ; -T- s�, I ji s �m0 r z w h O J U. O I.- cr- a 0 0 N 24 W O Z N m 3 III = o � o W h f i N b 7 m 7 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937.1900 DEVELOPMENT REVIEW APPLICATION �I 1 /� APPLICANT: A nil r e u:3 0; S �--o � OWNER: A hd ✓e-o �4 1 SC 04 ADDRESS: 7 5CU ER t e 14vE � ADDRESS: 5VCU e2 r Al I " 6A %; H is sS e N AA PJ SS 3 i'1 b4& tJ t+n SS � AI M,v TELEPHONE (Day time) 9 3 1 - 25 C H) TELEPHONE: SQ'"'` e- 361�d- 89 no C w) A list of all property owners within 500 feet of the boundaries of the property must Included with the application. Twenty -slx full size folded copies of the plans must be submhted. 8'h" X 11" Reduced copy of transparency for each plan sheet. - f r E 1. Comprehensive Plan Amendment 11. J Z Subdivision 2. Conditional Use Permit 12. _ Vacation of ROW/Easements 3. Grading /Excavation Permit 13. Variance 4. Interim Use Permit 14. Wetland Alteration Permit 5. Not fication Signs 15. Zoning Appeal 6. Planned Unit Development 16. _, Zoning Ordinance Amendment 7. Rezoning 17. _ Filing Fees/Attorney Cost - (Collected after approval of item) S. Sign Permits 11& Consultard Fees 9. Sign Plan Review 10. Site Plan Review TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must Included with the application. Twenty -slx full size folded copies of the plans must be submhted. 8'h" X 11" Reduced copy of transparency for each plan sheet. - f r E • NOTE - When multiple applications are processecit the appropriate fee shall be charged for each application. PROJECT NAME H / S GoX fq LSD 1 7-10 A! LOCATION Af' 441 e o-C Ens e- 4ye... 7SU() S 75D1 Erie i4,Ae . LEGAL DESCRIPTION e 0- PRESENT ZONING ►1q le- f wN I l c� REQUESTED ZONING ZS F PRESENT LAND USE DESIGNATION RS F REQUESTED LAND USE DESIGNATION R S F REASON FOR THIS REQUEST ' This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and pmoedural requirements applicable to your application. ' This is to certif y that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. 1 have attached a copy of proof of ' ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Tide or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. 1 further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. 1 also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approvaVpermlt is granted within 120 days with the Caner County Recorder's Office and the original document returned to City Hall Records. of Applicant re of Fee Owner (a 6 -i1 Date l��`•S3 Date Application Received on �2� "-'� 3 Fee Paid 150 . o - o Receipt No. 1 f O • The applicant should contact staff for a copy of the staff report which will be available on Friday poor to the meeting. If not contacted, a copy of the report will be mailed to the appilcant's address. PPOchry, A I '��'• � � � •► •� i _ it �► "' c• That part of Lots 14, 15 and 16, "AUDITOR'S SUBDIVISION NUMBER 2, CARVER ' COUNTY, MINNESOTA" according to the recorded plat thereof, described as follows: Commencing at the southeast corner of the Southwest Quarter of the Southeast ' Quarter of Section 12, Township 116 North, Range 23 West of the 5th Principal Meridian; thence on an assumed bearing of North 0 degrees 33 minutes 02 seconds East, along the east line of said Southwest Quarter of the ' Southeast Quarter and along the east line of said Lot 16, a distance of 1666.52 feet, to the point of beginning of the land to be described; thence North 89 degrees 26 minutes 17 seconds West a distance of 201.73 feet; thence North 0 ' degrees 08 minutes 33 seconds East a distance of 158.65 feet, thence North 43 degrees 39 minutes 57 seconds East a distance of 20.52 feet, thence North 0 degrees 38 minutes 36 seconds East a distance of 204.35 feet, to the north line ' of said Lot 14; thence South 84 degrees 46 minutes 09 seconds East, along said north line, a distance of 95.96 feet, to the northeast corner of Lot 14; thence North 7 degrees 10 minutes 51 seconds East, along the west _in�of said Lot 15, ' a distance of 169.10 feet; thence 57 degrees 53 minutes 37 seconds bout 30 feet to the shoreline of Lotus Lake; thence southeasterly along said shoreline, to the east line of said Lot 15; thence South 0 degrees 33 minutes 02 seconds West, along said east line, about 405 , feet, to the point of beginning. Except that part which lies within the circumference of circle having a radius , of 60.00 feet. The center of said circle is a point on the west line of the East 19.00 feet of Government Lot 4, Section 12, Township 116 North, Range 23 ' West of the 5th Principal Meridian distant 368.00 feet northerly from the south line of said Government Lot 4, according to the plat of Auditor's Subdivision number 2 on file and of record in office of Register of Deeds, per ' Document No. 85495, Carver County, Minnesota. Lot 7, Block 4, SOUTH LOTUS LAKE ADDITION, according to the recorded plat thereof. • I l 1 1 1: 0049 PSIV—s I§p FT. s ANIT A R`( eASasA AS ♦n1Yt Dec. No. 6709. A&sTRACr \. O s eK 64, Ps. 604 on •,. SCALE IN FEET a ' og e W >� WALKI -Ay EASEMEN VACATE EX/ST. 33.o • .+wc WIDE ROAD EA5EMENT - -. r1 E ag3 31 o torus SAKE °� Aso LL t� < \ ; L �• LOO it —oa a 7 Q Z b PROPOSED $.O Fr WIDE B 1 DRA/NAGE UTILIry o �� 12\ EA5EMENT FOR N5p MAINTAIN EROSION \ Wo GON"'r RO C'; . DVRIN� \ • r y // _ 1 ' Go NSTRiJ�c TfO n1 \•9 y�E - J 'rYPIGAL NOOSE PpD f'.1 1 V 3aT 114 GAR FLR ELEV.- 94-7. • i N LowE5T FLRELEV- 959.0 r iT (VCR/FY 4 Con ✓GT /oN) , • 2 N.7 4 1 TORRENS PROGEe D/NCG$ 1 1 1 ARE SGHEOULED TD ` RESOLVE BOr/NOAR % � OI SG REpANG /ES a . I 1 +. 37250$ �0. BS At: So r �� \ \\ � NO tot it ` -•tie a s I I " NI89j2b' i n I \ n 's I PERM/IN6NT GSM�T I`dR P✓a ( -IC 17 O W As Pee Doc wo 33904. r ' ^ BSTRACI - S. 62, P4 378 —201.11 --- I I ° A i I� I� A. -° 124W Par. 1 Thai Pan of lots 14. 16 and 16. - AUDITOR'S SUBDIVISION NUMBER 2. CARVER COUNTY. MINNESOTA aowidi ng o 1e feardsd Pull Need. duaOad M 000wa: Commencing at the southeast confer of ore SouNweN Dealer of the Soumeaal Clients of Section 12. Township 116 North. Rana 23 W ea l of hie 50 Prnspo Meridian: Netce on an assumed hearing a North 0 degrees 33 minuses 02 second og M s East. Mo east tine of said Soumwesl Ouarlar of s Souenwe dustier and along ow east erne of said Lot 16, a distance of 1666.52 INt, lo Use Point Of beginning 01 aid farad d be dascrlbed. thence North 69 agrees 26 mMwut 17 seconds Weal a dullarm of 201.73 hie: Nana North 0 degrees 06 minulas 33 seconds East a distance of 156.65 f thence North 43 degr 39 mines A seconds Eau a dklance of 20.52 feat, anence North 0 degrees 36 naves 361ean0s Eau a dltenoe of 201.35 fee. 0 Me north 1ne of told Lai 11: thence South N deyws 46 minutes 09 records East. along field north and. a distance of 95.96 fees. o ore northeast oomar of Lot 11: theta Nora, 7 degreea 10 minu es 51 second$ Eul. aoeg aid trta and of coed Lot IS. a divance of 169.10 Net: Nave 57 degrees 53 manes 37 semrNfi West about 30 fee to the anorWrfa of Li" Lake: Nance soutfepMn7 Wog sod shogllne. o hie am ono of sold Lot 15: Mende South 0 degrna 33 claaeo 02 "condo Woo. along Mad OW • ono. about 406 feel. o the point of beginning. E•cePI that pan which des whhin IM circumference . of Circle having a roaua of 60.00 1111. The comer of sad fAn}e IS a pons on ale weal 111 4 1 011 ft Easl 19.00 1M1 01 T3ovemmeni Lof 1. Seclion 12. Township 116 North. Range 23 West of the Sift Principal Meridian distant 366 00 feet norlherly from IM south IiM of sold Government Lot /. according to tot pull of Audiloi I Subdnvision number 2 on Ida and of record a office a Register of Deeds. pot Document No. 65195. Cana County. Minnesota. Pat. 2 Lot 7. BIOCk /. SOUTH LOTUS LAKE ADDITION. according d hie Worded pat theect Owne Developers: , Andrew Wscoa 7500 E1te Avenue Chanhassen. Mn 55316 Ann Fenger 7501 Ere Avenue Chanhassen. Mn 55316 tr.•n. ntmr. • tr., nn ru,ruersnc.n•tteA It Ron Krueger A Associates, Inc. • •ro,e•, n u • nth. A•a•ntrs0 ule a 1rr e,en ar f 3 Englnasdny Land Surveying Planning 5 s a Nl� � 8080 Wallace Road s•e ___ tae•,nu,ratw 1 3 Eden Prairie. Minnesota 55344 16121934-4242 w M M i M M M M M M i M M M M M M M M SITE LOCATION MAP CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Bob Generous, Planning Department FROM: Dave Hempel, Assistant City Engineer Diane Desotelle, Water Resources Coordinator DATE: January 18, 1994 SUBJ: Preliminary Plat Review for Hiscox Addition LUR 91 -3 L Upon review of the preliminary plat dated August 13, 1996, revised December 6, 1993, I offer the following comments and recommendations: GRADING & DRAINAGE Property is located on the south side of Lotus Lake, east of Frontier Trail and north of Erie Avenue. According to the City's Wetland Inventory, this site does not contain wetlands, therefore, a wetland alteration permit application is not necessary. The proposed lots of which two are already constructed on (Lots 1 and 3) are situated so the drainage pattern flows over land from Erie Avenue to Lotus Lake. Lot 2 is proposed to accommodate a walkout -type structure which is best suited for the lot. Only minimal grading is anticipated to accommodate the proposed dwelling. Staff recommends drainage swales be constructed around both sides of the proposed dwelling to maintain the neighborhood drainage pattern through the parcel. The house pad for Lot 2 is proposed to be lower than Erie Avenue. Thus, the drainage from the proposed driveway will have to be diverted away from the building at the garage entrance. The driveway should be constructed to direct runoff away from the building. Erosion control fence is proposed along the downstream side of the proposed house footprint. Staff recommends Type I erosion control fence be employed during construction of the dwelling. Due to the steep slopes, the site should be restored as soon as possible after construction with either sod or erosion control blanket to minimize erosion and sedimentation. A second set of erosion control fencing may be necessary at the toe of the slope if weather conditions are conducive to high runoff rates into Lotus Lake. L_ J n 0 u MEMORANDUM Bob Generous January 18, 1994 Page 2 ' The northerly portion of the lots contain steep slopes and a variety of trees. In a previous subdivision, i.e. South Lotus Lake Addition, the City required dedication of a slope /preservation or conservation easement over much of the wooded slopes to maintain vegetation and prevent erosion problems. This type of preservation easement would also be a benefit on this parcel. ' UTILITIES Municipal sewer and water service is available to the site from Erie Avenue. The existing homes ' on Lots 1 and 3 are already connected to municipal sewer and water. Currently, no sewer or water service stub is available to Lot 2. However, the City would extend a sewer and water service to the property line from Erie Avenue after issuance of a building permit and payment ' of the applicable connection and hookup fees. These fees are calculated and adjusted yearly by the City's Finance Department. According to the survey, an existing overhead power line intersects Lots 1 and 2. It may be prudent at this time to relocate this power line underground along the common property within a dedicated utility and drainage easement to resolve the current situation on Lot 1 and avoid future problems on Lot 2. A 15 -foot wide sanitary sewer easement exists through the northerly portion of Lots 1,2 and 3. Staff recommends that the final plat dedicate a 20 -foot wide drainage and utility easement centered over the existing 15 -foot wide sewer easement to provide sufficient room for maintenance. ACCESS The plat is serviced by Erie Avenue which is constructed to city urban standards. MISCELLANEOUS The typical 5 -foot side and 10 -foot front and rear drainage and utility easement should also be dedicated on the final plat. Since no public improvements are proposed, a development contract will not be necessary for final plat approval. The applicant should however provide a cash escrow of $400.00 to the City for review and recording of the final plat by the City attorney's office. Bob Generous January 18, 1994 Page 3 RECONINIENDATIONS 1. The driveway access to Lot 2 should be constructed to direct runoff away from the building. Drainage swales should be constructed to convey runoff around both sides of the proposed building to maintain the neighborhood drainage pattern through the parcel. I I 7 1 2. Type I erosion control should be installed on Lot 2 prior to construction and maintained ' until the site is fully revegetated. 3. Upon issuance of a building permit for Lot 2 and payment of the applicable connection hookup fees, the City will extend the sewer and water service to the southerly property line for the applicant or property owner to connect on to. 4. An existing overhead power line should be relocated underground along the common property line between Lots 1 and 2 within the dedicated drainage and utility easement. 5. Final plat shall dedicate a 20 -foot wide drainage and utility easement centered over the existing 15 -foot wide sanitary easement through Lots 1, 2 and 3. 6. The final plat shall dedicate 5 -foot wide sideyard and 10 -foot front and rear drainage and utility easements on each lot. 7. The applicant shall provide the City with a $400.00 cash escrow account for review and recording of the final plat by the City attorney's office. ems c: Charles Folch, City Engineer ' Ms. Sharmin Al -Jaff City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 1 Dear Ms. Al -Jaff : 1 Riley- Purgatory -Bluff Creek Watershed District Engineering Advisor: Barr Engineering Co. 8300 Norman Center Drive Suite 300 Minneapolis, MN 55437 832 -2600 Legal Advisor: Popham, Haik, Schnobrich & Kaufman 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 333 -4800 December 20, 1993 JS The engineering advisors to the Board of Managers of the Riley- Purgatory- Bluff Creek Watershed District has reviewed the preliminary plans as submitted to the District for the Hiscox Addition in Chanhassen. The District does not require permits for land alteration less than one acre in surface area, however in this situation, the District's policy of requiring that the lowest floor elevation for the structure be set a minimum of two feet above the calculated flood elevation of Lotus Lake applies. The District has established a flood elevation of 899 M.S.L. for Lotus Lake. Thank you for the opportunity of reviewing this project at an early date. If you have any questions regarding the District's comments, please call us at 832 -2600. RCO /kmh c: Mr. Ray Haik Mr. Fritz Rahr 23 \27 \053 \JOANN.LTR Sincerely, ,fobert C. Obermeyer Barr Engineering Company :Engineer's for the District RECEIVED AA 211 1993 CITY OF CHANHASSEN NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING Wednesday, February 2, 1994 7:30 P.M. City Hall Council Chambers 690 Coulter Drive Project: Hiscox Addition Developer: Andrew Hiscox Location: 7500 Erie Avenue Notice: You are invited to attend a public hearing about a development proposed in your area. Andrew Hiscox is proposing to replat part of Lots 14, 15 and all of Lot 16, Auditor's Subdivision #2 into 3 single family lots and vacation of right -of -way on property zoned RSF and located at 7500 Erie Avenue, Hiscox Addition. 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 Planning Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 937 -1900. If you choose to submit written comments, it is helpful to have one copy to the Planning 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 January 20, 1994. l' Robert Blad Richard Corwin & Stephen J. Blaha 7602 Erie Ave. Roxanne Keyes - Corwin 7606 Erie Ave. Chanhassen, MN 55317 7600 EdO Ave. Chanhassen, MN 55317 Chanhassen, MN 55317 Thomas Paul & Pauly Richard &Salerno & Frontier Trail Assn. Kor Katherine Schuler c/6 William Kirkvold ' Lynn 7604 Erie Ave. 222 W. 77th Street 201 Frontier CL Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 ' Earl McAllister Anthony & Mary Doppler Ted Harvey Delancey 7510 Erie Ave. 7508 Erie Ave. P. O. Box 24 Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 ' William & Peter Dahl Charles Schwartz Dianne L. Needham Katherine Wagner 7417 Frontier Trail 7415 Frontier Trail 220 Frontier Ct. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Roger & M. Karjalahti Forcier et al Jogesh & Menaka Warrior ' 7413 Frontier Trail P. O. Box 67 7423 Frontier Trail Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Bradley & M. Johnson Susan C. Hoff William & Ivy Kirkvold Frontier Trail 221 Frontier Ct. 201 Frontier Ct. ' 7425 Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 ' Gregory & Debalee Cray Kenneth & Deborah Ellsworth Colony Point Homeowners 200 Frontier Ct. Rt. 1 Box 68D c/o William Kirkvold ' Chanhassen, MN 55317 Couderay, WI 54828 201 Frontier Ct. Chanhassen, MN 55317 t Bemad & K Raidt Christopher Buck Il & Douglas & Christy Revsbeck 7603 Erie Ave. Emma Carlin 7591 Erie Ave. ' Chanhassen, MN 55317 7601 Erie Ave. Chanhassen, MN 55317 Chanhassen, MN 55317 & Deann Hubert James & Roseanne Boyum Louise Fenger ' Robert 7561 Erie Ave. 5006 29th Ave. S. P. O. Box 396 Chanhassen, MN 55317 Box 17321 Chanhassen, MN 55317 1 Minneapolis, MN 55417 Philip & Karen Long Robert Crees & Janice Almli Chris & N. Neubarth 7660 South Shore Drive 7656 South Shore Drive 7652 South Shore Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Perry & M. Ryan Roland & Cynthia Potter Thomas & Pamela Devine 545 W. 77th Street 7644 South Shore Drive P. O. Box 714 P. O. Box 730 Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 David Denny Thomas & S. Henry 7636 South Shore Drive 7632 South Shore Drive Chanhassen, MN 55317 Chanhassen, MN 55317 1 u u n 1 Planning Commission Meeting - February 2, 1994 f. Section 18 -79. Parkland Dedication. The applicant has ignored the city's Park and Recreation Commission recommendation for parkland dedication. All voted in favor and the motion carried. Scott: Could you please tell us when this will be at the next? Aanenson: February 28th. Scott: February 28th? Good. PUBLIC HEARING: ANDREW HISCOX TO REPLAT PART OF LOTS 14.15 AND ALL OF LOT 16, AUDITOR'S SUBDIVISION #2 INTO 3 SINGLE FAMILY LOTS AND VACATION OF RIGHT -OF -WAY ON PROPERTY ZONED RSF AND LOCATED AT 7500 ERIE AVENUE, HISCOX ADDITION. Public Present: Name Address Andrew & Catherine Hiscox Earl & Betty McAllister Anthony Doppler Larry J. Anderson Tom Manarin 7500 Erie Avenue 7510 Erie Avenue 7508 Erie Avenue 400 Cimarron Circle 7552 Great Plains Blvd. Bob Generous presented the staff report on this item. Scott: And could you please explain what a torrens proceeding is for those of us who may not know what that is. Generous: It's a legal way for a property owner to clear up the legal description of their property basically. It says that on anything up to this point has been certified and we're registering this and this is our property boundaries. Scott: Okay. Just a show of hands. How many people are here regarding this issue who have concerns about where the actual property line might be? Okay. Should we approve this particular issue, one of the conditions is going to be that no construction or anything is going to happen until the actual legal description. So what's going to happen is that, as a condition, it Planning Commission Meeting - February 2, 1994 if for some reason the issue of property boundaries is not resolved, the development will not be able to go forward. Okay. I still see some kind of quizzical looks. Why don't you take a swag at that. Generous: They will not receive any final approval until the legal question about the property lines has been resolved. And so they couldn't build another home there. They couldn't move forward with the subdivision until that issue has been resolved. And it's supposedly, I believe the applicant said, has stated that they believe that their case is later this month but I'll have them... Scott: Okay. Any commissioners have questions of staff? Seeing none, would the applicant like to address the Planning Commission? Andrew Hiscox: My name is Andrew Hiscox. I live at 7500 Erie Avenue. The last time I was here on this issue was I think in 1987 when we started this process. And at that time the city asked us to go start a registration on the property to clean up a bunch of title issues. We've successfully done that over the last few years and feel that we're in pretty good shape here. The only issue that really is outstanding at this point that we don't have agreement in principle on, or in fact by talking is the association. Frontier Trail Association which adjoins our property. There is a dispute. It showed the drawing in the original ... If you look at that upper, the north corner of the property where the straights line across. We are registering property to the straight line which, if you look at that, there's a gravel path or boat launch that goes across the property. If you look at the requirements of subdivision for lakeshore property, we meet all those requirements without that piece of property so we feel like we're moving forward with something that, that that really should be a non -issue because we're not asking you to consider that. We're asking you to consider, what we show there, which gives the minimum requirements and exceeds them and I guess our opinion anyway is that we should be allowed this. That's all I've got to say. Scott: Is there a possibility, depending upon how the lot lines get officially mapped. Is there a possibility that the people from the Frontier Association are going to be denied access to the lake? What's the, you know from your point of view, what is the issue as you see it with regard to the homeowners association? Andrew Hiscox: The issue was in '86. The then Carver County Surveyor, Ted Cavanaugh from Schoell and Madsen, told us we could go ahead with this. He was okay with it and approved it subject to easements for the actual boat launch. We proceeded with notification of...and the Frontier Trail Association answered and we hadn't negotiated the easement on it. That was really the issue. But the easement really, and the issue seems to be anyway, from what we can tell, the boat launch and where their dock is and that sort of thing. Last year the Frontier Trail Association approval hearing, when the city went through and reviewed all the associations around Chanhassen, this one came up. It does not have enough lakeshore to 1 �J L Planning Commission Meeting - February 2, 1994_ meet the minimum requirements but it was approved because it's a nice association. It works ' well. In fact we are members of the association. So we're kind of in an interesting position where we're kind of fighting ourselves. We have 1 /20th, I don't know whatever it is now. Maybe 1/22 interest iri the association, yet we're kind of at odds with them over this issue. ' So we're just trying to get it resolved. We've talked to the association. We've made some offers. We're kind of in negotiation right now on how that gets closed but at this point we're not asking to consider that. If you look at what we're going to register and what's shown here, again it should be a non - issue. The boat launch and the dock are on their property. We're not questioning that... I� 1 Scott: Okay. Bob, could you sketch that in a little bit better to maybe help orient us as to what's going on. Generous: Well the dock area is somewhat over here and this is that gravel road, the boat launch that they're talking about. He's showing the line for his subdivision actually south of where that boat launch area is. I believe the contention is in this area in here. How much the association believes should be provided them. Mancino: Go over and above the 12 foot drive area. They think it should come south even more? Generous: They think they should have more land to the south. Scott: And the easement sir that you're talking about is the ability for you to leave, or residents to leave the subdivision and have an easement to the launch that is part of the homeowners association? Andrew Hiscox: No. The reason the easement was proposed was for the boat launch to go through our property. We are fee title owners of the property per many surveys showing that we do own the corner. The City has agreed with us, at least at some time. Yes, it looks like you're the owner. Yes, the association does have a boat dock on your property. When we went to register the property, they answered. Therefore, I mean we're trying to avoid going to court on this. We tried to work it out with the association and quite frankly since last summer, haven't gotten a lot of feedback from them. So we've decided to move forward. We were able to acquire enough property to meet the minimum requirements and thought that this would be kind of a moot point. The association, as I understand it, is trying to be in the process of going out and getting their own survey done. There have been at least 4 different surveys of this property done over the years and consistently they show that this is where the lot line's running. Rather than fight and go to court and then spend a lot of money, both my own and part of my own for the association, we thought this would be a good compromise. It should resolve the issue. We're not asking that you consider that piece of the property. That is where, I think, the controversy would be. P-J Planning Commission Meeting - February 2, 1994 1 Scott: So then, following the good neighbor doctrine. If the torrens proceedings show that you in fact own the property across which the association has access to the lake, then you ' would be in a situation of negotiating an easement for them. Andrew Hiscox: We've already offered that. I Aanenson: ...when we were talking about the beachlot. He was willing to agree to that... Scott: Okay, good. Okay. Any other questions? ' Farmakes: I have one question. On the narrowest part of the property, when you're talking ' about access paths down to the lake. The narrowest part is 7,500. I believe it's the property then on the left as I look at it. What is the width on that narrowest part? What are you talking about, 30 feet? ' Generous: I think it's 63 feet, wasn't it? Andrew Hiscox: I have a number on this. It's to scale. I think we could guesstimate it ' pretty easily. Farmakes: Is there currently ccess there? How do you access that property? , Y Y Andrew Hiscox: How do I get from the house down to the lake? , Farmakes: Yeah. I Andrew Hiscox: There's a path. Farmakes: Is it an unimproved path? Or is it just kind of a deer trail down through the ' woods? Andrew Hiscox: Yeah. It's a rather steep hill. ' Mancino: It's a very steep hill. I Andrew Hiscox: We also have access via the road. Because we are members of the Association, there is an entrance to the association off of Frontier Trail and for the most part, I we typically go down there. Farmakes: Do you envision expanding that trail or no? Not necessarily. I Planning Commission Meeting - February 2, 1994 Andrew Hiscox: One thing I should mention. We show on here, kind of by mistake, that ' there is an easement up on the top of...and down that path and that, at one point we had offered a couple of the neighbors the use of that easement to get down to the association in exchange for vacation of another easement they own. ...made a financial settlement instead so ' that really probably should be erased from there. In fact that will be taken off the final plat. Mancino: And where are you talking about the walkway easement? ' Andrew Hiscox: Yes. ' Mancino: The 10 foot that goes through Block 1? Andrew Hiscox: Correct. ' Mancino: So that's not oin to be built? g g ' Andrew Hiscox: No. ' Mancino: And you're not going to give them the easement, okay. Scott: Any other questions or comments? Do you have anything else you'd like to add? ' Andrew Hiscox: No. I just want to encourage the, you folks to approve this and sort of get going with it. We've been working on this for about 7 years now. And the last time we did ' this, I think one of the statements in the findings was that the city welcomed this ... we're adding lots to the value here. We're giving you another property that you can collect taxes from and... ' Scott: Okay. Thank you for your comments. If anybody would like to talk to the Planning Commission, please step forward. Give us your name, your address and let us know what's ' on your mind ... welcome to speak. Larry Anderson: I'm Larry Anderson ... ex-President of Frontier Trail Association and just ' wanted to clarify on the map, if you could throw it back up for one second. Basically what the dispute is, as far as with the association. I've got a couple of copies to share. Basically the original plot that we had showed the line at 156 feet. When Mr. Hiscox laid it out the first time, in I believe 1987, was the first plot you had done. He adjusted that line to 158 feet and if you look at the current plot that he's got now in front of you, he's adjusted that line to 169 feet. Continually moving over. Whatever he's needed to get required frontage. ' That's the dispute. I only wish to call it to your attention and I believe with the attorneys and others, that's what's going to have to be resolved in the torrens proceedings. Thank you. Planning Commission Meeting - February 2, 1994 Scott: Would anybody else like to address the Planning Commission? I'll let the record show that no one else would like to address the Planning Commission. May I have a motion ' please? To close the public hearing. Mancino moved, Farmakes seconded to close the public hearing. All voted in favor and ' the motion carried. The public hearing was closed. Mancino: Bob, I have a question for you. I wanted to get your opinion on something. In , the staff report on page 3, you made a suggestion that our preservation easement would be a benefit on this parcel. And I think it's on that back half that's so steep for erosion purposes, ' etc. And in your final recommendations you didn't include that so I wondered why. Generous: There were two reasons. We did have a discussion on that. If we made it a , conservation easement, they would not be able to do any clearing for view or anything to gain access from the top of the hill to the bottom of the hill. So instead we took the shoreland regulations put strict requirements on what vegetation can be ... We're also, as one of the recommendations say that before they come in for any permitting to gain access to the lake, , they actually develop a tree removal plan and we think that will preserve the majority of those trees ... access to the lake from their property. ' Mancino: So they could put a walkway system down to the lake. Aanenson: There's also view corridors. ' Mancino: The views, okay. But you'll keep a watchful eye with the erosion. Other than ' that, I'm just fine with the subdivision. I went to the property and it looks like a gorgeous place to have a home. Scott: Good. Jeff. , Farmakes: I support the staff recommendations on this issue. I Scott: Matt. Ledvina: Just following up on Nancy's comment. The shoreland ordinance. Now that's not ' passed yet, is that correct? That's in the works? Okay. Aanenson: We adopted the DNR standards though. ' P g Ledvina: Okay, you have? Alright. ' Mancino: Which were stricter. ' 1 Planning Commission Meeting - February 2, 1994 Aanenson: Yes. We're in the processing of modifying the new city ordinance... Ledvina: Okay. So there is an ordinance in effect at this point. And what is the setback requirement as it relates to vegetation? In terms of pruning and things like that and limited. Generous: Well it's half of the setback of the building which is 75 feet is the setback. Shoreland setback... After that they can't do any. Ledvina: Okay, so whatever. It looks to be about, roughly 300 feet so there'd be 150 feet then right? Aanenson: No, it's the building setback which is 75 feet from the high water mark. Generous: The conditions that we're putting on the subdivision require them to have a larger setback than the building. They have to actually stay above the 958 contour. And then if they did anything below that, they'd have to come in for... Ledvina: Okay. So in that instance we're really concerned about, well first of all from the ' ordinary high water mark, we don't even make the hill. So we're really relying on our tree removal plan in terms of getting to make sure we're preserving the vegetation there that we think is important or significant. Okay. Well that's fine. I just was wondering about that. ' Other than that I would support the staff recommendations. F7 �I n Scott: Okay. And I support the staff recommendations as well. Can I have a motion please? Ledvina: I would move that the Planning Commission recommend approval of the preliminary plat Case #87 -31 SUB for 2.88 acres of land and the vacation of 33 feet of road easement to create three single family lots subject to the recommendations in the staff report. Recommendations 1 thru 10 with the addition of an 11th condition which states as follows: The torrens proceedings must be completed prior to final plat approval. Scott: Is there a second? Mancino: Second. Scott: It's been moved and seconded that we accept the staff's recommendation. Is there any discussion? Ledvina moved, Mancino seconded that the Planning Commission recommend approval of the Preliminary Plat #87 -31 SUB for 2.88 acres of land and the vacation of 33 feet of road easement to create three single family lots subject to the following conditions: '�J t Planning Commission Meeting - February 2, 1994 1 I 1. The driveway access to Lot 2 should be constructed to direct runoff away from the building. Drainage swales should be constructed to convey runoff around both sides of ' the proposed building to maintain the neighborhood drainage pattern through the parcel. 9. The house pad shall be limited to an area above the 958 contour. ' 10. Park and trail fees are required of this development. One -third (1/3) of such fees shall be payable at the time of building permit application at the rate in force at the time, less any fees paid at the time of platting. 11. Torrens proceedings must be completed prior to final plat approval. ' All voted in favor and the motion carried. ' 2. Type I erosion control should be installed on Lot 2 prior to construction and maintained until the site is fully revegetated. ' 3. Upon issuance of a building permit for Lot 2 and payment of the applicable connection hookup fees, the city will extend the sewer and water service to the southerly property line for the applicant or property owner to connect on to. ' 4. An existing overhead power line should be relocated underground along the common property line between Lots 1 and 2 within the dedicated drainage and utility easement. ' 5. Final plat shall dedicate a 20 foot wide drainage and utility easement centered over the existing 15 foot wide sanitary easement through Lots 1, 2 and 3. The final plat shall dedicate 5 foot wide side yard and 10 foot front and rear drainage and utility easements on each lot. , 6. The applicant shall provide the city with a $400.00 cash escrow account for review and PP P ty recording of the final plat by the City Attorney's office. Additionally, a development contract containing these conditions shall be entered into between the developer and the ' city and be recorded with the final plat. 7. A tree removal plan shall be submitted for city approval prior to the issuance of a , building permit for access to the lake. 8. Limited vegetative clearing, cutting, pruning, and trimming to provide a view of the water t from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas and permitted water oriented accessory structures is permitted below the 958 contour. ' 9. The house pad shall be limited to an area above the 958 contour. ' 10. Park and trail fees are required of this development. One -third (1/3) of such fees shall be payable at the time of building permit application at the rate in force at the time, less any fees paid at the time of platting. 11. Torrens proceedings must be completed prior to final plat approval. ' All voted in favor and the motion carried.