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4. Preliminary and Final Plat to Subdivide 1.45 acres into two single family lots, Ravenswood Estates Addition� CITY OF CHANHASSEN i STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Preliminary and Final Plat to Subdivide 1.45 acres into two (2) single family lots, Ravenswood Estates Addition. 1035 Holly Lane, Lot 6 Crane's Vineyard Park. The property is located on the south side of Holly Lane. Julie L. Sprau Owner: 2004 Scarborough Ct. Chaska, MN 55318 612 -448 -1633 Merald & Elaine Krogstad 1035 Holly Lane Chanhassen, MN 55317 PRESENT ZONING: RSF, Single Family Residential ACREAGE: 1.45 acres DENSITY: 1.4 units per acre ADJACENT ZONING AND LAND USE: N - City of Shorewood, Residential S - RSF, Residential Single Family E - RSF, Residential Single Family W - RSF, Residential Single Family Artio by City AdmhdrAar Modifi R*cte Date Submitted to CommissiM Date Submitted to Couna I 3 - �7- 9.S WATER AND SEWER: Available to the site. PHYSICAL CHARACTER.: The lot contains a number of trees in the 10 to 16 inch diameter range with several larger trees located on proposed Lot 1. A dilapidated cottage and garage are currently located on the property. 2000 LAND USE PLAN: Residential - Low Density (Net Density Range - 1.2 - 4.0 units /Ac. PC DATE: 3/1/1995 CC DATE: 3/27/1995 CASE #: 95 -1 SUB Ravenswood Estates March 1, 1995 Page 2 PROPOSAL /SUMMARY The applicant is requesting preliminary and final plat approval to subdivide an existing 1.45 acre parcel into two lots. Both lots meet the minimum width, depth, and area requirements of the zoning ordinance. Lot 1 would contain approximately 22,879 square feet with Lot 2 occupying the remaining 36,387 square feet. The existing 1.45 acre parcel, Lot 6 of Crane's Vineyard Park, includes a ten foot wide strip of property which runs along the southerly boundary of Lot 9. This linear strip of property provides access to Christmas Lake and will become part of proposed Lot 2. Use of this property will be limited to the future owners of Lot 2. Access to the parcels will be provided via a private street which will serve a total of four lots, including the two proposed lots and the existing homes on Lot 9 and Lot 5 of Crane's Vineyard Park. Twenty feet of the thirty foot wide private street easement will be located on proposed Lot 1 with the remaining ten feet on adjoining Lot 9. The driveways will be combined into one private street which will reduce the amount of impervious surface. BACKGROUND Crane's Vineyard Park was platted in September of 1908 and consists of nine lots. After reviewing the original plat of Crane's Vineyard Park, it would appear that this area consists of large lots (one acre or larger). However, a number of these lots contain more than one home or principal structure. The two parcels adjacent to the proposed subdivision both have more than one principal structure. Based on the total number of homes within Crane's Vineyard Park, the proposed subdivision not only meets ordinance requirements but appears to be compatible, from a density standpoint, with surrounding properties. As mentioned above, the existing parcel, Lot 6, contains a ten foot wide strip of land which provides access to Christmas Lake. This extension does not meet city standards with regards to width of property at the shoreline, and there is insufficient area for dock setback. Staff has reviewed the nonconforming status of this piece of property, as it pertains to future use of the lake shore, and determined that a dock may not be maintained as a nonconforming structure. A dock has existed on this parcel in the past, but has not been used on a yearly basis. During the past several years it does not appear that any dock was used on this parcel. Therefore, the dock has lost the legal non - conforming status and may not be returned to the water. ACCESS Access to the proposed lots will be provided via a private street from Holly Lane. The common sections of this private street must be built to a (7) seven ton design and paved to a width of twenty (20) feet. Preliminary grading plans shows Lot 1 served by a separate ' Ravenswood Estates March 1, 1995 ' Page 3 driveway onto Holly Lane. In recent discussions with city staff, the applicant indicated that ' the driveway for Lot 1 will come off of the proposed private street. Staff is recommending that proposed Lots 1 and 2 receive direct access from the private street only, and not Holly Lane. UTILITIES According to the City's records, the existing cottage is connected to municipal sewer and water from Holly Lane. Upon removal of the cottage the existing sewer and water lines will have to be properly disconnected according to City standards. It is assumed that the new dwelling on Lot 1 will utilize the same service line in the future. Lot 2, however, is not currently provided with a sewer and water service stub. The applicant will have to extend an individual sewer and water line from Holly Lane along the private driveway to service this lot. According to the City's assessment files, this parcel was previously assessed for one trunk and lateral water and sewer assessment. Therefore, the applicant or the builder of Lot 2 shall be assessed another trunk and lateral sewer and water assessment in the amount of $8,124 (1995 rate). The City will credit back to the applicant or builder $2,500 against the trunk and lateral water and sewer assessment for Lot 2 for construction of the individual service line from the main line in Holly Lane to the property line. The assessment for the lateral and trunk sewer and water line is payable at the time of building permit application or the individual may petition the City to assess these costs and spread them over a four -year period with interest. An existing fire hydrant is located between the existing gravel driveway and the proposed driveway expansion. The fire hydrant will have to be relocated to avoid conflicts with traffic. At the same time, the individual sewer and water service for Lot 2 could be extended as well. The cost of this work shall be the responsibility of the applicant. The City will need to inspect the construction techniques when relocating the fire hydrant. A permit will be required for this work. LANDSCAPING /TREE PRESERVATION The applicant estimates that the site is approximately 74 percent covered by tree canopy. ' City code specifies that the post development canopy coverage must be a minimum of 46 percent. A worst case scenario would permit the applicant to remove approximately 17,685 square feet of canopy area. Staff finds that the applicant will remove approximately 2,500 ' square feet of canopy area. Based on this review, there are no forestation or replacement planting requirements. ' The applicant will achieve a minimal loss of tree canopy by making use of a shared driveway, minimizing grading, and by selecting appropriate building sites. In addition, a large number of the trees are located in the required setbacks and will not be disturbed or removed as a Ravenswood Estates March 1, 1995 Page 4 result of building construction. For the reasons stated above, staff is not requesting tree conservation easements. However, staff is recommending that a home placement plan be provided, as well a tree preservation plan, to ensure minimal tree loss. Staff will work with the applicant in delineating tree protection zones and locating tree protection fencing. Special attention should be given when removing the existing cottage as not to damage the trees located near this structure. GRADING According to the grading plan, only minimal site grading will be necessary to accommodate the home sites and construction of the driveways. On Lot 1 the plans show the driveway accessing onto Holly Lane. Staff has the understanding the applicant has relocated this driveway access off the private driveway (east lot line). The plans also show a power pole located within the proposed driveway through the east side of Lot 1. This power pole will need to be relocated to accommodate construction of the common driveway. The site contains an existing cottage and garage that will have to be razed or removed from the site. The appropriate demolition or moving permit will be required by the City. A culvert is proposed for the new driveway on Lot 1 to convey drainage towards Holly Lane where the ditch will convey the lot's runoff through an existing pipe system to Christmas Lake. DRAINAGE AND STREETS Holly Lane in this location serves as the northern boundary of Chanhassen. The north side of Holly Lane is within the City of Shorewood. Holly Lane consists of a narrow, sub - standard 24 -foot wide bituminous street. The street does not have curb and gutters or storm drainage facilities. Storm water runoff is conveyed through a meandering open ditch section located along the south side of Holly Lane until it reaches the existing gravel driveway on this site. From there it is conveyed through an existing culvert system down to Christmas Lake. The City's Surface Water Management Plan (SWMP) proposes a sediment/nutrient trap to be constructed adjacent to Christmas Lake downstream from this development to pretreat storm water prior to discharging into Christmas Lake. Due to topographic constraints, staff feels a better location for the sediment/nutrient trap would be on the parcel directly west of this proposed development or on the north side of Holly Lane in the City of Shorewood. The City has no plans at this time to develop this pretreatment ponding facility. The appropriate drainage and utility easements are being conveyed with this plat to install storm sewers and maintain the neighborhood drainage through the site. Staff recommends the applicant pay the appropriate SWMP fees in accordance with City ordinance versus constructing any storm water improvements. The SWMP fees were calculated as follows: Ravenswood Estates March 1, 1995 Page 5 1. Water Quantity 1.36 acres at $1,980 per acre (single - family rate) _ $2,693.00 2. Water Quality 1.36 acres at $800 per acre (single - family rate) _ $1,088.00 A driveway culvert will be needed underneath the new driveway to maintain drainage through the site. According to the city's SWMP, a 30 -inch diameter culvert is necessary. Staff also recommends the use of riprap at the ends of the culverts to minimize erosion potential. The existing driveway on the west side of Lot 1 which accesses Holly Lane for the existing cottage should be removed and the ditch section restored along the entire portion of Holly Lane. The end of Holly Lane does not currently have sufficient turnaround space for public safety vehicles or city snowplows. In an attempt to facilitate this, the applicant has followed staff's recommendation and is providing additional right -of -way and a bituminous turnaround the accommodate these concerns. Staff originally requested a 20 -foot by 40 -foot turnaround area; however, after measuring this in the field, if the existing gate on Holly Lane is relocated easterly approximately 15 feet, the 20 -foot by 40 -foot area could be reduced down to a 20- foot by 25 foot paved area with a 30 foot right -of -way (see Attachment #7). The existing gate prohibits access to Christmas Lake during the summertime. The gate is within the city right -of -way and should be able to be relocated. The gate is temporarily locked during the summertime with a city key; however, the Christmas Lake Homeowners Association apparently has access to the lake via this driveway gate access point. The city uses this access to service a lift station daily. COMPLIANCE TABLE BLOCK LOT AREA (SQ. FT.) FRONTAGE DEPTH 1 1 22,879 160 167 1 2 36,387 158 204 FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all requirements of the zoning ordinance and the RSF, Residential Single Family District. Ravenswood Estates ' March 1, 1995 Page 6 ' 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; Finding: The proposed subdivision will not cause environmental damage if the necessary conditions are attached to the approval. 6. The proposed subdivision will not conflict with easements of record. Finding The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off -site public improvements or support systems. Finding The proposed subdivision is provided with adequate urban infrastructure. Ravenswood Estates March 1, 1995 Page 7 PLANNING COMMISSION UPDATE On March 1, 1995, the Planning Commission held a public hearing to review the preliminary plat for Ravenswood Estate. The Commission recommended approval of the plat with fourteen conditions. Several issues pertaining to the use of the lake shore and drainage were discussed. The non- ' conforming status of the lake shore property and dock was reviewed by staff back in August of 1994. At this time, staff indicated that a dock could be placed on this property based on information received from the property owner. Prior to the Planning Commission meeting, t staff received conflicting information which indicated that a dock has not been maintained on this property over the years. In addition, the abundance of vegetation along the lake shore and within the water would also lead one to believe that a dock has not been used in recent ' years. Based on this information, staff determined that a dock may not be used or installed on this property because it is no longer considered a nonconforming use. ' An adjacent property owner raised some concerns regarding existing drainage problems along Holly Lane. Staff met with the property owner following the Planning Commission meeting to discuss these problems. Staff will be working with the applicant and adjacent property ' owner to attempt to resolve some of these issues. As a point of clarification, the Commission attached a condition stating that the driveway for ' lot one should access onto the proposed private street and not Holly Lane. This condition was attached to preserve the trees along the north side of the lot. Staff would like to point ' out that the 36 inch oak tree located in this area was incorrectly placed on the survey. The tree is dead and has been removed from the property. Therefore, the driveway for Lot 1 may be placed as shown on the grading plan or from the private driveway. RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council approves the preliminary and final plat for Subdivision 95 -1, Ravenswood Estates, subject to the plans dated March 20, 1995 and the following conditions: 1. Tree preservation and home placement plans shall be submitted at the time of the building permit application for staff review and approval. Tree protection fencing shall be incorporated on the site during construction and demolition to protect all trees that are to be preserved. Ravenswood Estates March 1, 1995 Page 8 2. The site plan documents should be revised to show driveway access to Lot 1 from the proposed private driveway. Since the 36" oak was dead and removed, the driveway access for Lot 1 may be from Holly Lane or the proposed private street. 3. The applicant shall obtain and convey the necessary cross - access or driveway maintenance easement agreements between the new lots and the neighboring lots to provide access to the newly created lots. The total easement width shall be 30 feet wide. 4. The existing cottage and garage shall be razed or removed from the site within 30 days after the final plat has been recorded. The utility lines to the cottage shall be properly abandoned in accordance with City standards. The applicant shall obtain the necessary permits from the City. 5. Soil reports showing details and locations of house pads and verifying suitability of natural and fill soils shall be submitted to the Inspections Division prior to issuance of any building permits. 6. Full Park and trail fees shall be paid at the time of building permit approval in the amount in force at the time of building permit application. 7. The existing power pole along the east property line shall be relocated to avoid conflict with the proposed private driveway. 8. Sanitary sewer and water service will have to be extended to Lot 2. The applicant and /or builder at the time of building permit issuance shall be assessed another trunk and lateral sewer and water assessment in the amount of $8,124 (1995 rate). The City will credit $2,500 against these trunk and lateral sewer and water assessments if the applicant or builder constructs the individual service lines from the main line to the property line. If the City performs the work, no credits will be given. 9. The existing hydrant located in the northeast corner of the site shall be relocated to avoid conflict with traffic. The City shall perform necessary inspections to insure proper construction in accordance to City standards. A permit will be required from the City for this work. The applicant will be responsible for all costs associated with the relocation of the fire hydrant. 10. Storm water quality and quantity fees shall be based in accordance to the City's SWMP. The water quality and water quantity fees have been calculated at $1,088 and $2,693, respectively. These fees are payable at time of final plat recording. ' Ravenswood Estates March 1, 1995 ' Page 9 11. The existing gravel driveway on the west side of Lot 1 which accesses to Holly Lane ' shall be abandoned and the ditch section adjacent to Holly Lane cleaned out down to the east property line of proposed Lot 1. All new driveways which cross the ditch section shall have a 30 -inch diameter driveway culvert installed along with riprap. ' 12. Type I erosion control fence will be required in conjunction with site grading or new home construction in accordance with the City's Best Management Practice Handbook. ' 13. Portions of the private street which services more than one homesite shall be constructed with a bituminous surface 20 feet wide and designed to support 7 -ton per ' axle weight vehicles. 14. Storage of boats at the dock must be consistent with applicable city requirements except those which have the legal non - conforming status. If the use of the dock is discontinued for more than one year, the legal non - conforming status is lost. 15. If the applicant wishes to have a dock on the lake shore property, the applicant shall submit evidence showing that a dock has been in use on the property since 1983. No docks, moorings, or boat lifts shall be permitted on Lot 2. 16. The turnaround on Holly Lane shall be modified to 20' x 30' with a 30 foot radius on the westerly side. The pavement design section shall be in accordance with the city's urban street section." ATTACHMENTS: 1. Application dated January 28, 1995 2. Plat of "Crane's Vineyard Park" 3. Memo from Dave Hempel dated February 23, 1995 4. Memo from Steve Kirchman dated February 20, 1995 5. Letter from DNR dated February 13, 1995 6. Letter and pictures from Pam Myers dated March 15, 1995 7. Modified turnaround 7. Minutes of March 1, 1995 Planning Commission meeting 1 CITY OF CHANHASSEN 690 COULTER DRIVE , CHANHASSEN, MN 55317 (612) 937.1900 DEVELOPMENT REVIEW APPLICATION ' APPLICANT: v L A I � e__ L p, OWNER: M �'r OlI '� `0. n h✓'b 1' j_ -Ij ►ter lil I i ADDRESS: �� �1 (-4)- ke < ADDRESS: lo Hoh L 1 J � TELEPHONE (Day time) �7f> 3 5� TELEPHONE: 1. Comprehensive Plan Amendment 11. Vacation of ROW /Easements 2. Conditional Use Permit 12. Variance 3. Interim Use Permit 13. Wetland Alteration Permit 4. Non - conforming Use Permit 14. Zoning Appeal 5. Planned Unit Development 15. Zoning Ordinance Amendment 6. Rezoning 7. Sign Permits 8. Sign Plan Review Notification Signs 9. Site Plan Review X Escrow for Filing Fees/Attorney Cost" $100 CUP /SPR/VAC/VAR/WAP $400 Minor SUB /Metes & Bounds 10. Subdivision TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must Included with the application. Twenty -six full size folded copies of the plans must be submitted. 8 X 11 " Reduced copy of transparency for each plan sheet. NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. I Escrow will be required for other applications through the development contract PROJECT NAME zQa 116 rL CWOhj 15 7 k. eS LOCATION YollY L a nz, 6 A , 4 , ha SS , / %/y - 53/�` ' LEGAL DESCRIPTION ro o �— n L^ o+ (Q . n J + l a , L-v-� "I . Cminis �n��lti!�d t K PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION )— O+/ a Ik7 S J^�S; g2vti h ' REQUESTED LAND USE DESIGNATION )- a Lr S i 1`�i ✓'l11 REASON FOR THIS REQUEST I t7 ✓`2 C VV lof !S i J4- This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information ' and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify 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. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the ' authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further t 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. ' I 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 approval /permit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City Hall Records. ' Signature of licant qa te — Signature of Fee Owner Date Application Received on )/36 Fee Paid 4oD E:�rAoiJ Receipt No. � i The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the ' meeting. If not contacted, a copy of the report will be mailed to the applicant's address. CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: John Rask, Planner I FROM: Dave Hempel, Assistant City Engineer DATE: February 23, 1995 SUBJ: Review of Preliminary Plat for Ravenswood Estates File No. 95 -6 LUR Upon review of the preliminary plat documents of Ravenswood prepared by Schoell & Madson, Inc. dated February 6, 1995, I offer the following comments and recommendations: GRADING AND DRAINAGE According to the grading plan, only minimal site grading home sites and construction of the driveways. On Lot 1 onto Holly Lane resulting in the loss of a significant oak understanding the applicant will be relocating this drivewt lot line) thus saving the 36 -inch oak tree. The plans also proposed driveway through the east side of Lot 1. This f accommodate construction of the common driveway. The site contains an existing cottage and garage that A site. The appropriate demolition or moving permit wi UTILITIES will be necessary to accommodate the he plans show the driveway accessing tree (36 -inch diameter). Staff has the y access off the private driveway (east show a power pole located within the ewer pole will need to be relocated to requi d from the According to the City's records, the existing cottage is connected to municipal sewer and water from Holly Lane. Upon removal of the cottage the existing sewer and water lines will have to be properly disconnected according to City standards. It is assumed that the new dwelling on Lot 1 will utilize the same service line in the future. Lot 2, however, is not currently provided with a sewer and water service stub. The applicant will have to extend an individual sewer and water line from Holly Lane along the private driveway to service this lot. According to the City's assessment files, this parcel was previously assessed for one trunk and lateral water and sewer John Rask February 23, 1995 ' Page 2 ' assessment. Therefore, the applicant or the builder of Lot 2 shall be assessed another trunk and lateral sewer and water assessment in the amount of $8,124 (1995 rate). The City will credit back to the applicant or builder $2,500 against the trunk and lateral water and sewer assessment ' for Lot 2 for construction of the individual service line from the main line in Holly Lane to the property line. The assessment for the lateral and trunk sewer and water line is payable at the time of building permit application or the individual may petition the City to assess these costs ' and spread them over a four -year period with interest. An existing fire hydrant is located between the existing gravel driveway and the proposed driveway expansion. The fire hydrant will have to be relocated to avoid conflicts with traffic. At the same time, the individual sewer and water service for Lot 2 could be extended as well. The cost of this work shall be the responsibility of the applicant. The City will need to inspect ' the construction techniques when relocating the fire hydrant. A permit will be required for this work. DRAINAGE AND STREETS Holly Lane in this location serves as the northern boundary of Chanhassen. The north side of Holly Lane is within the City of Shorewood. Holly Lane consists of a narrow, sub - standard 24- foot wide bituminous street. The street does not have curb and gutters or storm drainage facilities. Storm water runoff is conveyed through a meandering open ditch section located along the south side of Holly Lane until it reaches the existing gravel driveway on this site. From there it is conveyed through an existing culvert system down to Christmas Lake. The City's Surface Water Management Plan (SWMP) proposes a sediment /nutrient trap to be constructed adjacent to Christmas Lake downstream from this development to pretreat storm water prior to discharging into Christmas Lake. Due to topographic constraints, staff feels a better location for the sediment /nutrient trap would be on the parcel directly west of this proposed development. The City has no plans at this time to develop this pretreatment ponding facility. The appropriate drainage and utility easements are being conveyed with this plat to install storm sewers and maintain the neighborhood drainage through the site. Staff recommends the applicant pay the appropriate SWMP fees in accordance with City ordinance versus constructing any storm water improvements. The SWMP fees were calculated as follows: Water Quantity 1.36 acres at $1,980 per acre (single- family rate) = $ 2,693.00 ' 2. Water Quality 1.36 acres at $800 per acre (single- family rate) = $1,088.00 John Rask February 23, 1995 Page 3 A driveway culvert will be needed underneath the new driveway to maintain drainage through the site. According to the City's SWMP, a 30 -inch diameter culvert is necessary. Staff also recommends the use of riprap at the ends of the culverts to minimize erosion potential. The existing driveway on the west side of Lot 1 which accesses Holly Lane for the existing cottage should be removed and the ditch section restored. The end of Holly Lane does not currently have sufficient turnaround space for public safety vehicles or City snowplows. In an attempt to facilitate this, the applicant has followed staffs recommendation and are providing additional right -of -way and a bituminous turnaround the accommodate these concerns. Staff originally requested a 20 -foot by 40 -foot turnaround area; however, after measuring this in the field, if the existing gate on Holly Lane is relocated easterly approximately 15 feet, the 20 -foot by 40 -foot area could be reduced down to a 20 -foot by 30 -foot paved area. The existing gate prohibits access to Christmas Lake during the summertime. The gate is within the City right -of -way and should be able to be relocated. The gate is temporarily locked during the summertime with a City key; however, the Christmas Lake Homeowners Association apparently has access to the lake via this driveway gate access point. RECOMMENDED CONDITIONS OF APPROVAL 1. The site plan documents should be revised to show driveway access to Lot 1 from the proposed private driveway. 2. The existing cottage and garage shall be razed or removed from the site within 30 days after the final plat has been recorded. The utility lines to the cottage shall be properly ' abandoned in accordance with City standards. The applicant shall obtain the necessary permits from the City. 3. The existing power pole along the east property line shall be relocated to avoid conflict ' with the proposed private driveway. 4. Sanitary sewer and water service will have to be extended to Lot 2. The applicant and /or builder at the time of building permit issuance shall be assessed another trunk and lateral sewer and water assessment in the amount of $8,124 (1995 rate). The City will credit ' $2,500 against these trunk and lateral sewer and water assessments if the applicant or builder constructs the individual service lines from the main line to the property line. If the City performs the work, no credits will be given. , 5. The existing hydrant located in the northeast corner of the site shall be relocated to avoid conflict with traffic. The City shall perform necessary inspections to insure proper ' construction in accordance to City standards. A permit will be required from the City for John Rask February 23, 1995 Page 4 this work. The applicant will be responsible for all costs associated with the relocation of the fire hydrant. 6. Storm water quality and quantity fees shall be based in accordance to the City's SWMP. The water quality and water quantity fees have been calculated at $1,088 and $2,693, respectively. These fees are payable at time of final plat recording. 7. The existing gravel driveway on the west side of Lot 1 which accesses to Holly Lane shall be abandoned and the ditch section restored. All new driveways which cross the ditch section shall have a 30 -inch diameter driveway culvert installed along with riprap. 8. Type I erosion control fence will be required in conjunction with site grading or new home construction in accordance with the City's Best Management Practice Handbook. 9. Portions of the private street which services more than one homesite shall be constructed with a bituminous surface 20 feet wide and designed to support 7 -ton per axle weight. ktm c: Charles Folch, City Engineer Diane Desotelle, Water Resources Coordinator g: \eng \dave \pc \ravensw d.ppr CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: John Rask, Planner I FROM: Steve A. Kirchman, Building Official w< DATE: February 20, 1995 SUBJECT: 95 -1 SUB (Ravenswood Estates, Julie Sprau) I was asked to review the proposed subdivision plans stamped "CITY OF CHANHASSEN, RECEIVED, FEB 07 1995, CHANHASSEN PLANNING DEPT. " for the above referenced project. Analysis: Soils Report. A soils report showing details and locations of house pads and verifying suitability of natural and fill soil is required for plan review purposes. 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 must be obtained and the septic system abandoned prior to issuance of a demolition permit. Recommendations: The following conditions should be added to the conditions of approval. 1. Submit soils report to the Inspections Division. This should be done prior to issuance of any building permits. 2. Obtain demolition permits. This `should be done prior to the removal of the existing buildings and before any grading or excavation on the property. B: \safety \sak \memos \Plan \ravenwd.jrl STATE OF DEPARTMENT OF NATURAL RESOURCES ' PHONE NO. METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 551P�gNO. 772 -7910 ' February 13, 1995 Mr. John Rask, Planner I ' City of Chanhassen 690 Coulter Drive, P.O. Box 147 Chanhassen, MN 55317 ' RE: Julie Sprau Preliminary Plat, Christmas Lake (27- 137P), City of Chanhassen, Carver County (City #95 -1 SUB) Dear Mr. Rask: We have reviewed the information (received February 8, 1995) for the above - referenced project (NE1 /4, Section 2, T116N, R23W) and have the following comments to offer: 1. Christmas Lake, a Public Water, is on the proposed site. Any work below the ordinary high water level (OHW) of Public Waters that changes the course, current, or cross - section of Public Waters is under the jurisdiction of the DNR and may require a DNR permit. The OHW of Christmas Lake is 932.77 2. Christmas Lake (27 -137P) has a shoreland classification of recreational development. The shoreland district extends 1000' from the OHW. The development must be consistent with the city's shoreland management regulations. In particular you should note: a. The lots contain steep slopes. Topographic alterations should be minimized in these areas. b. The vegetation and topography should be retained in a natural state in the shore impact zone. The minimum shore impact zone is an area within 37 1/2' of the OHW. C. The structures on the lots should be screened from view from Christmas Lake using topography, existing vegetation, color, and other means approved by the city. 3. The lots do not appear to be within a designated floodplain. 4. The following comments are general and apply to all proposed developments: CITY OF CHAf%1HA!�SE14 AN EQUAL OPPORTUNITY EMPLOYER Mr. John Rask February 13, 1995 Page 2 a. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. b. If construction involves dewatering in excess of 10,000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriations permit. You are advised that it typically takes approximately 60 days to process the permit application. C. The comments in this letter address DNR - Division of Waters jurisdictional matters and concerns. These comments should not be construed as DNR support or lack thereof for a particular project. Thank you for the opportunity to comment. Please contact me at 772 -7910 should you have any questions regarding these comments. Sincerely, ' Joe Richter Hydrologist JR /cds c: Minnehaha Creek Watershed District, Kristen George U.S. Army Corps of Engineers, Gary Elftmann Chanhassen Shoreland File NOTICE OF PUBLIC HEARING ' PLANNING COMMISSION MEETING ' Wednesday, MARCH 1, 1995 at 7:00 p.m. ' City Hall Council Chambers 690 Coulter Drive 1 Project: Ravenswood Estates I Developer: Julie Sprau Location: 1035 Holly Lane Notice: You are invited to attend a public hearing about a development proposed in your area. Julie Sprau, the applicant, is proposing a preliminary plat to replat Lot 6 and the southerly 10 feet of Lot 9, Crane's Vineyard Park into two single family lots of 26,954 square feet and 36,387 square feet, on property zoned RSF and located at 1035 Holly Lane, Ravenswood Estates. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an 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 John at 937 -1900, ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on February 16, 1995. n Leland Jr. & Sharon George Barry & Patsy Calhoon Timothy Foster 1160 Holly Lane 6380 Pleasant View Curve 6370 Pleasant View Curve Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Todd & Sharon Novaczyk 6371 Pleasant View Curve Chanhassen, MN 55317 Merald & Elain Krogstad 1035 Holly Lane Chanhassen, MN 55317 John & Joyce Hagedorn 630 Carver Beach Road Chanhassen, MN 55317 Duane & Georgia Smith 1125 Holly Lane Chanhassen, MN 55317 Arno & Donna Windsor 1150 Willow Creek Chanhassen, MN 55317 George Adzick & Lisa Drill 1155 Willow Creek Chanhassen, MN 55317 Bruce & Patricia Birkeland 1140 Willow Creek Chanhassen, MN 55317 Jerry & Marjorie Medley 1145 Willow Creek Chanhassen, MN 55317 Robert & Lois Bowen c/o Briggs & Morgan 6275 Powers Blvd. Chanhassen, MN 55317 Miles & Maxine Lord 1009 Holly Lane Chanhassen, MN 55317 Pamela Myers 1115 Holly Lane Chanhassen, MN 55317 *j x CHANHASSEN PLANNING COMMISSION REGULAR MEETING MARCH 1, 1995 Chairman Scott called the meeting to order at 7:05 p.m. MEMBERS PRESENT: Matt Ledvina, Joe Scott, Ron Nutting, Nancy Mancino, and Ladd Conrad MEMBERS ABSENT: Jeff Farmakes and Diane Harberts STAFF PRESENT: Kate Aanenson, Planning Director; Dave Hempel, Asst. City Engineer; John Rask, Planner I; Sharmin Al -Jaff, Planner II; and Bob Generous, Planner H. PUBLIC HEARING: PRELIMINARY PLAT TO REPLAT LOT 6 AND THE SOUTHERLY 10 FEET OF LOT 9 CRANE'S VINEYARD PARK INTO TWO SINGLE FAMILY LOTS OF 26,954 SQUARE FEET AND 36,387 SQUARE FEET, ON PROPERTY ZONED RSF AND LOCATED AT 1035 HOLLY LANE, JULIE SPRAU, RAVENSWOOD ESTATES Public Present: Name Address Pam Myers 1115 Holly Lane Julie Sprau 2004 Scarborough Court, Chaska Deborah E. Grove Minnetonka Mirald A. Kroupstad 1035 Holly Lane Carl Zinn 5820 Ridge Road John Rask presented the staff irpoit on this item. Scott: Any other comments from city staff? Okay. Would the applicant like to make a presentation or make some comments? Julie Sprau: Noe I think John's adequately described it. Scott: Okay, good. Thank you. This is a public hearing. May I have a motion to open the public hearing? Mancino moved, Nutting seconded to open the public healing. All voted in favor and the motion carried. The public healing was opened. Planning Commission Meeting - March 1, 1995 Scott: If anyone would like to speak at the public hearing, please step forward. Let us know your name and your address and let us know what's on your mind. Pam Myers: Good evening. My name is Pam Myers. My address is 1115 Holly Lane. I'm the adjacent homeowner. I have a question or two. My greatest concern has to do with water runoff. Storm water runoff and I didn't see the 14 points, or the 14 conditions with regards to this subdivide. I don't know if staff has ... or what the plan is for water runoff. If you know the area, if you know Holly, it does come down from the top of the hill. The water runoff is from Powers or 17 or 85, whatever you want to call it. It comes down the hill through culverts that are larger at the top of the hill and get smaller as they come down the hill and at the moment they come down to the bottom of the hill to my front yard. I've worked with Mike Wegler terrifically well ... in attempting to open up culverts. To open up the water runoff. With putting in two houses downstream from me, I have a feeling that they'll put in fill for this property... the new lots there which would build up that lot and therefore have less drainage downstream from me. I know that there is a plan, long range plan to do some storm water runoff management in that neighborhood. I would guess this is the only open property at the moment, so those plans might be for storm water runoff. Scott: If we could, because you have a number of questions I can tell. Probably the place to start, if we could have Dave Hempel, who is one of our city engineers, who's quite conversant in that sort of thing and I guess the question being, given what you know about the preliminary plat and the preliminary grading plan, what sort of things are going to be occurring relative to grading and then also our water surface management plan that might help everyone understand the situation a little bit better. Hempel: Certainly Mr. Chairman. As ... the city has been contacted regarding the water problem... Holly Road is a substandard city street. No curb and gutter. No storm sewer. The current drainage pattern is through an open ditch section along the south side of the road that meanders through the property that goes through a driveway culvert. There are a number of culverts... along the street there resulting in the water backing up ... The city surface water management plan has indicated a surface water pond in the vicinity of this subdivision. Staff did look at requiring that the pond be built on the subject property but after reviewing the site, and the number of trees, significant trees, we felt that a better alternative... would be to the west on Ms. Myers property. Diane Desotelle, our Water Resource Coordinator has been in contact verbally, over the phone with Ms Meyers regarding this. There are no plans set for this storm water pond... actually a lower priority. There are projects... additional two home sites in the neighborhood will not generate significant runoff to adversely impact the current drainage situation that is ... there today. We are looking at increasing the driveway culvert underneath the private driveway of this development to a 30 inch culvert which... We're asking also that the existing driveway be abandoned and the ditch section through there be 2 Planning Commission Meeting - March 1, 1995 restored to help the drainage. One other thing that remains at the request of the city was to rework the ditch through this property down through the Myers' property too... ' Scott: Okay. Ma'am, does that help answer some of your questions regarding runoff and so forth? ' Pam Myers: It speaks to the need for larger culverts and it speaks to the needs for the , drainage on the new property to actually be dug out which is... Hempel: Just to clarify. We did look at this parcel for ponding but all the trees that are in the front along Holly Lane there, we felt that it would be a waste to lose those trees. A better site would actually be on your property where the property is lower and is void of trees. Pam Myers: This is my front yard. Hempel: That's correct. Pam Myers: May I show you my front yard? Scott: Sure. Ma'am, if you could also help us out a bit. We have a preliminary plat map here and if you could tell us, show us where you're located. Nutting: Are you west of the proposed subdivision or east of the proposed subdivision? Pam Myers: West. Mancino: West, with the blue door? Pam Myers: I beg your pardon. Mancino: Are you west with the blue door? Do you have the blue front door? Pam Myers: No. I have a white house. Rask: Approximately right here on Lot 7. As I indicated before, Lot 7 actually has I believe 3 homes. Actually there's a home back here that sits somewhere in here. There's another home that sits kind of up in here and then I believe Ms. Myers' home sits up here somewhere. This would be the front yard I think where Dave would be, the pond. 3 Planning Commission Meeting - March 1, 1995 Scott: And how does that correspond with the pond? Actually the standing water that we see in these pictures? And we'll pass them to you Dave so you can. Pam Myers: ...the street where you can see the driveway. The driveway and the culvert are under water. Adjacent to the new property. Scott: Yeah, we'll get this over to Dave Hempel and kind of circle the wagons a little bit. Mancino: You have a lake. Scott: They call that New Years Lake is what they call that. Does that ring any visual bells for you Dave? Hempel: That would be approximately the area that we had proposed to excavate out as far as easements for a storm water pond. Pam Myers: That wouldn't be my choice for my front yard. Mancino: Yeah. The other question I have Dave is a little bit about timing. You said it's not a top priority. When you say that, are you talking 5 years? I mean doesn't this present a public safety problem? Hempel: I can't tell whether, what the storm frequency this would have been. 10 year storm event or 25 year, 100 year. We've had a number of 100 year storms in the last few years that would result in this type of flooding. Simply I guess we'd be looking at this type of improvement probably within the next 5 years. Storm drainage ... and so forth. The other thing is ... temporary fix to the whole problem. What really should be done is storm sewer incorporated with the street construction, curb and gutter and eliminate the ditch section that's currently out there. If that... Scott: Yeah because I was looking, when I was down there it appears as if there's a lot of untreated water that's going into Christmas Lake through that area so. Mancino: Are there other options that your staff have looked into besides Ms. Myers' front yard for a ponding site? Hempel: For the time being, no. We've considered contacting the City of Shorewood to do a cooperative project on the north side of the street. There's an existing wetland there that maybe could be expanded to use for storm water treatment. 4 Planning Commission Meeting - March 1, 1995 Pam Myers: There is a pond ... that's correct. Mancino: Okay. So you would look into that further as, okay. Scott: Is there any, do you see any jurisdictional delays due to having two municipalities involved in this potentially? I mean what's your experience been? I think we've only maybe seen one or two plats that have come by that have had some activity with Shorewood. Hempel: We've got a fairly good working relationship with the City of Shorewood. In this same vicinity I believe we service their homes with city sewer and water as well so I think.. Scott: Okay. Well, we don't have concrete answers but that's one of the important parts of a public hearing is that we can at least get some more information from residents and what we'd encourage you to do is irrespective of what happens here this evening, to continue to follow the project and you're free to contact, of course not only the commissioners but also members of city staff and what we've found is that they're very eager to take the time necessary to get the all information possible and try to make the best decision for everybody so. Pam Myers: That's certainly been my experience... But a lake in my front yard is a fall and spring event. It's not an every year event. The property as it stands, the undeveloped property which is the ... is low. I presume putting in pads to build the houses means that the developer understands that it's low... I also presume that means that that's going to be filled. I don't know what the plan is for fill in that area but that would mean that there would be less place for the water to go, which I would suggest would mean more back -up on my property. Scott: Have you seen a grading plan for the proposed subdivision? Pam Myers: No. I've seen a plat drawing. I haven't seen a grading plan. Scott: Okay. Well, you can get those from city staff and also we'll have some extras at the end of the evening but they'd be more than happy to sit down with you and explain, here's what it looks like as far as elevations. Here's how it's going to change and at least allow you to understand a little bit better what the impact might be. Pam Myers: Any higher, I would suggest than it is, they would want it to be in order to build there and not have water ... and as soon as they build, then there will be more water... I have a second concern that has to do with the lot line. I currently am in conversation with Rick Vogt about the survey. The survey line does not agree with my survey lines which my survey was done a year or so ago. So that is not settled. That is not a settled issue. There's an iron set in a corner that would divide the two lots, north and south that I believe is too far 5 Planning Commission Meeting - March 1, 1995 west into my property. Along that property line I do have a 10 foot easement for that house that's behind me on the part of Crane's Vineyard. And it would mean changing where that driveway was for the easement. So it's important that that be settled before we move too far along with approving the building. I appreciate keeping the trees. I think that's an important part of the project and I appreciate your mentioning that and the developer considering that. We also have peliated woodpeckers there and it would be nice even to have some of those ' older trees but we can't have both can we. To have the old ones and the new ones too. Did I ask all my questions? Irwin Stevenson: Well I think you need to ask what the Council's going to do in terms of allowing properties to built that just spreads more water onto there because logic, it doesn't take an engineer to figure that out... Scott: Sir, if you wish, I think what we'd like to do is make sure that your comments are recorded on the record. So if you'd like to step up and continue your comments, we'd sure appreciate it. Irwin Stevenson: Well, at the present time. Scott: Excuse me sir. Could you please let us know who you are. Irwin Stevenson: I'm a friend. Scott: Could we have your name and your address for the record. Irwin Stevenson: Irwin F. Stevenson, 110914 Von Hertzen Circle, Chaska, Minnesota. Scott: Great, thank you. Irwin Stevenson: At the present time, you saw the water that stands and goes over the road. As she stated, not on a 100 year cycle. But pretty regularly. And also that same water, at the present time we get some relief because it builds up on the property that we're now talking about next door. And so it's ponded too at times. Now the logic is, if you're going to build a house there, you're not going to, unless you're putting a submarine there, you've got to do something besides raise the property. And also the logic to me would be that it doesn't take an engineer to figure out that that water's going to go somewhere. And it's not going to go uphill. It's going to go down into that ditch. There's no other place for it to go. So therefore I would think it would be prudent to the Council, before approving something like that, that Mrs. Myers knows what's going to happen to her property. It can only get worst. It on Planning Commission Meeting - March 1, 1995 can't get better. And I don't think it would be fair to allow something that now you deliberately say 5 years from now...that to me doesn't make a lot of sense. Scott: Okay, good. Thank you very much. Would anyone else like to speak on this particular item? Seeing none, may I have a motion to close the public hearing please? Mancino moved, Ledvina seconded to close the public healing. All voted in favor and the motion carried. The public hearing was closed. Scott: Ladd. Conrad: My only issue is drainage, which they've been talking about and I didn't see a solution that I felt real comfortable with that will take care of the current problem. So I think we need a solution. Scott: Okay. So your thought is conditions. Conrad: My thought is I'd table. Scott: Okay. Aanenson: Dave, maybe you can comment. There was a grading plan in the packet and it's maintaining the pre - development runoff rate so it's not increasing. I mean Dave could maybe elaborate on that more. I mean there's an existing condition out there. Whether this plat's responsible to solve that problem, whether this plat were to go in or not, there's still a problem out there so we're kind of looking at a bigger picture besides this plat. I think we need to separate those two issues and maybe Dave wants to comment a little bit more. Hempel: Mr. Chairman, members of the commission. The grading plan ... only showed minimal grading for the house pads built approximately 18 inches and provides surface drainage away from the house pad. The current drainage situation out there is not going to be, first of all improved with this development, nor is it going to worsen. A problem exists out there ... it's been there for a number of years and as development continues upstream, more valuable water in generated. So it's a much bigger project than this simple subdivision... involves drainage storm sewer piping, ponding and upgrading of the street essentially to solve the problem. And I was just going to add, by tabling this project would not solve any of the problems. Conrad: Well in the staff report Dave, that's sure not the impression I got, and maybe I read it, and maybe I didn't read your notes carefully enough but under drainage and streets, it 7 ' Planning Commission Meeting - March 1, 1995 seemed like the solution was to develop a pond and that was not going to happen. And therefore, the way I read it, given the fact that that was not going to happen, we were not improving, or not even maintaining the predevelopment runoff. ' Hempel: The initial runoff generated from two house pads and driveways is really minimal compared to the overall runoff from the watershed that goes through this property. This ' property that's being subdivided is actually downstream and at the end of the watershed. The surface water management plan showed a ponding somewhere in this vicinity to treat the runoff prior to discharging into Christmas Lake. Not necessarily for quantity purposes but for water quality purposes. So any type of storm sewer improvements we do will help ... the situation but will not totally alleviate the problem. Storm sewers are designed typically for a 10 year storm event. Anything greater than that, we provide for emergency overflows to prevent flooding of the homes and so forth. Aanenson: Can I just add to what Dave was saying? They are being assessed storm water fees to add to that project so we have, that's the purpose of the storm water plan. When we adopted those fees as property subdivided to collectively get that money in order to do these kinds of projects. So they are being assessed storm water fees for the eventual construction of the pond in that area. Conrad: Well again the way I read the staff report, it said we can't solve the problem. It has ' to impact it somehow. Has to. And therefore that's why I didn't feel comfortable with it. Now if you tell me this is 1 /100 of the overall problem, or 1 /1000, then I may pay attention but I don't know what it is I guess. Hempel: One of the major problems out there is the downstream culvert for this subdivision. It currently goes through Miles Lord. The culvert there I believe is only a 15 or 18 inch diameter culvert which is severely undersized. We propose a 30 inch culvert through that area. That is the restrictive device that is creating most of this backup into the upstream properties. Conrad: Yeah, but that's quantity and I'm talking quality I guess. So we can't really solve the quality issue until we build a pond. That's the bottom line. So the bottom line, if I said let's table it, you wouldn't come back with any solution other than the fact that in 5 years we may have enough money to treat the water and therefore maintain the quality of the water in Christmas Lake. Hempel: Certainly, yes. We'd look at it from that standpoint. We'd also put it higher up on the priority list if funding comes available. 8 Planning Commission Meeting - March 1, 1995 Conrad: Well, I'm not doing that but, there are a lot of priorities. I'll be interested in the other commissioners comments. That's a tough one. My comment was, Joe is to table it but thinking I'd get something better back. I'm not hearing that the staff has got a better solution right now so I'm not sure how I'm viewing this. Scott: Okay, Matt. Ledvina: In talking about the ponding issue a little bit. We have approximately 10 feet of elevation difference between the lake in that northwest corner of the property where the ponding is occurring, so that tells me that that's over an average by 2% grade and you should be able to get the drainage flow. So that tells me that there's some, like Dave mentioned, restrictions of culverts, etc, that are making the problem worst because it should be able to be done. I had some other questions about the situation with the dock. Now I'm not sure I understand what the response of the applicant is regarding the letter that we have which states the dock hasn't been in. Is it the applicant's contention that the dock has been in every year for the last 12 years? Rask: I don't know, maybe if he's here, Mr. Krogstad or his representative, maybe they can answer that better than I could. Ledvina: So, it would be good. I'd like to get that on the record if that really is the case. Would that be possible? I mean you don't have to if you don't want to but I'd just like to hear what your opinion is on the dock. Scott: And this is an exception. Normally once the public hearing is closed, we do not have input from the general public but in this particular case, it's an important enough piece of information that we're making an exception. Merald Krogstad: There's been a dock on the property since about 1900. It's used for about 35 years. Scott: And you're Mr. Krogstad? Merald Krogstad: Yes. I'm sorry. Then when my parents had it we rented out the cabins we had back there and that picture show the dock in place. So I'm adjacent to the property so sometimes we haven't had a dock in as it got older. In fact I haven't had a dock on my property for the past 3 years because I'm too busy working in the summer to pay for the taxes on it. That's why I'm selling it and so I don't have time to put out a dock all the time. But we have had docks on and off. For 3 years they were putting in the sewer and they were removing the sewer so I couldn't use the lake for 3 years. I hired a contractor to move ... and 0 Planning Commission Meeting - March 1, 1995 then we had a dock up at that time. Then for several years a friend of mine put his boat there and he had a little dock this past year but I haven't had my dock in repeatedly for 12 years but we have—over a period of about, probably 3 to 4 to 5 years. It had a dock there when we bought it because it had a dock and we had lakeshore and we kept it and paid taxes on it and not used it for the past few years for the same reason. Scott: It's going to be real important for the purposes of the people who purchase the property that it's substantiated as good as you can. Very important. Merald Krogstad: ...after you pay taxes on it for 4 years... Scott: I know we had a similar circumstance where this same issue came up and one of the things that helped was there were some photographs I think somewhere from the Department of Natural Resources or I think the Department of Agriculture with their aerial photographs that were taken and that may be a source that you could tap into for your purposes as well, and there may be some other things available too but those are very helpful to us when we ran into this situation about a year ago. But if you have some pictures, I think probably the best thing to do would be to show those to the city staff and then because it's going to be important to do that. Thank you sir. Do you have some other comments? Ledvina: I had a question regarding the driveway. The existing, or the driveway along the east side of this parcel. Now that is an existing gravel driveway, is that right? Okay. Now with your proposed plat they're proposing another bituminous driveway right along there so essentially we're going to have 20 some feet of driveway or, are we getting together on this or how is that going to work out? Rask: Yeah, there will be approximately 10 feet where the existing driveway is now is ' actually on Miles Lord's property, Lot 9. There will be an additional 20 foot easement provided next to that so you'll have a 30 foot wide easement. On the 30 foot easement you'll have a 20 foot wide pavement width that will probably be on a combination of both of the properties over that easement. The private street section of our ordinance, this type of development does require that 20 foot pavement width built to 7 ton design. ' Ledvina: Okay so the access will be from the driveway that will be improved on Miles Lord's property, is that correct? ' Rask: Partly. Ledvina: Okay. Okay, well so he'll keep his edge of the pavement and then he'll improve it ' over on their side? 1 10 Planning Commission Meeting - March 1, 1995 Rask: Correct. Ledvina: Okay. So they could... Rask: The existing driveway comes in here. The easement would provide another 20 feet here and I think it's their intention to make use of that existing driveway for the existing, that area not to disturb any additional area than what they have to with the pavement widths. Ledvina: It would seem to be a real beneficial thing not to have 30 feet of roadway right there ... but I don't know, can we add a condition of that sort? I know we might be getting inbetween two private individuals coming to terms. Aanenson: A condition for what? Ledvina: For having an easement over the existing driveway. Rask: The easement will cover that existing driveway. Ledvina: Has that already happened or is that in the process? Rask: No, it's in the process. We've got an indication from the owner of Lot 9 that he is... Ledvina: Do our conditions in the staff report guarantee that that will happen? Or no? Is it appropriate for us to try to specify that? Hempel: Mr. Chairman, members of the commission. Condition number 3. The applicant shall obtain and convey the necessary cross access or driveway maintenance easement agreements to provide access to the newly created lots. Ledvina: Okay. But that relates to the two parcels. It doesn't relate to the neighbor's parcels, right? Aanenson: We can modify it to include that language. To include the existing homes be included in that... Ledvina: Okay. Can I just add that in there? Okay. That was all I had. Scott: Great, Nancy. 11 ' Planning Commission Meeting - March 1, 1995 Mancino: I just want to make the comment that I think all of us feel and Ladd has certainly ' said that we are concerned with the water quality in the area and as soon as something can be done about it, the better and we would like to pass that on to City Council so as they prioritize for their areas, their list throughout the city, that this is a very serious one. How many homes are on this private drive? ' Rask: There will be a total of four. We're not including, there's two residences on Lot 9. There's one up here on the lake and then there's, I believe it's a rental unit back there. The existing driveway comes in like this and then here. So it'd be that rental unit, the existing ' house on Lot 5 and then the two proposed. We looked at a number of layouts here. We looked at creating a flag lot. However, this would force a number of driveways. You would have one driveway coming in for Lot 1. Another one for Lot 2 and then a third driveway for ' the existing home so we thought this combined driveway, or private street would be the best way to reduce the amount of impervious surface. ' Mancino: Yeah. When you go and see the site, it certainly does and it kind of keeps the character of the area. It keeps it that way with not as much road coverage. John, a question for you. The back of the property, I want to say the north end of the property that we're ' looking at. There's, you know it kind of goes uphill and there's quite a few big trees on there. Were you thinking about doing some sort of a conservation easement in that area because of erosion, etc? Rask: Yeah, I guess based on where they're showing the building pad, the slopes in this area and the majority of those trees are within the required 30 foot setback from the rear property line. That those trees would not be disturbed due to construction activity for clearing a building pad. Mancino: Sometimes you put a conservation easement to make sure that they stay there even when a homeowner moves in and maybe wants to start taking them down. How do you feel about that area? That slope area. Are they something that should stay permanent and help in the conservation of that slope? Rask: Certainly we did look at that. However, I think based on what was submitted, we felt we were getting adequate protection. We felt they met the basic requirements of the ordinance. In addition, you know I think the applicant's been very sensitive about the location of the building pad as to reduce to a minimum the amount of trees being removed. Mancino: The only other thing that I would like to add is that on recommendation number 2 which says the site plan document should be revised to show driveway access to Lot 1 from 12 Planning Commission Meeting - March 1, 1995 the proposed private driveway which will result in the saving of a significant 36 inch diameter oak tree. And those are all my comments. Scott: Ron. Nutting: I don't have any additional comments of substance I guess. On the drainage issue, I guess I would opt for supporting staffs recommendation. As Ladd commented in his final words, we're not going to come up with a solution over night and I'm not an expert in drainage and so forth but I'm presuming staff has done their homework in terms of assessing the additional amount of drainage that would be generated from this and not having a material impact in and of itself on that so. I would be prepared to move it forward subject to some of the modifications that have been addressed in Matt's comments and Nancy's. Scott: Would you like to make a motion to that effect? Nutting: Sure. I recommend that the Planning Commission recommends to the City Council approval of the preliminary plat for Subdivision #95 -1, Ravenswood Estates, subject to the plans dated February 6, 1995, and the conditions as noted in the staff report with the following additions. Under recommendation number 2, added at the end of that sentence, which would result in the savings of a 36 inch. Mancino: Diameter oak tree. Nutting: Okay. And Matt, was the, I'm trying to think. The easement issue we felt was covered in the item number 3. Did you have any modifications to that? Ledvina: Yeah. I would suggest that the language read, the applicant shall obtain and convey the necessary cross - access or driveway maintenance agreements between new lots and neighboring lots to provide access to the newly created lots. Nutting: Yes, and also subject to the issue of condition number 15 which would require the applicant to submit proof to staff with regard to the existence of the dock prior to, is it January 1 of? Rask: July 11, 1983. Nutting: July 11th, 1983. Presuming at the discretion of staff in their evaluation of that. Scott: So you want to have, by virtue of a friendly amendment, condition in there about prioritization of the upgrade of the surface water treatment in that particular area? 13 Planning Commission Meeting - March 1, 1995 Nutting: I guess I'm not sure that condition, well. They're two separate. They're related but I'm not sure that that condition makes sense putting in with this. Scott: I'm thinking when people are going through the Minutes of this meeting, see people tend to zero in when it says motion and then here are the comments. So maybe, I think what I can do is I can just make, I'll make a comment at the end, after we vote on this so those who read the Minutes will see that. Instead of having it buried in. I think it's too important to be buried. Nutting: I believe that's it. Scott: Okay. Can I have a second? Oh, go ahead. Mancino: I second. Scott: Okay. It's been moved and seconded that we pass along the staffs recommendation subject to the conditions mentioned. Is there any discussion? Conrad: Yes. I'm curious what item number 15 means in terms of the grandfathering. Grandfathering means the dock has been in continuous use so Ron, you were asking the applicant to prove that it has been in continuous use since 1983? Rask: Yeah. That's a condition staff had recommended. What I indicated earlier was that when we originally reviewed this we were under the impression, based on evidence submitted by the applicant, that a dock had existed on this parcel for quite some time. Therefore it could continue to be used as a non - conforming structure. However, recently we've received some information that kind of contradicts that so what staff is asking is that everybody submit the information they have. The applicant, any other concerned parties. We'll review that and staff will make a decision regarding the non - conforming status. Conrad: Which means the applicant should be able to prove what? Rask: Prove that a dock existed on the parcel. This could be done either. Conrad: Last year? Rask: Yes. It has to exist every year since adoption of the ordinance. Conrad: Okay. Was the motion made to indicate that? 14 Planning Commission Meeting - March 1, 1995 Aanenson: Yes. That was condition 15. Conrad: Okay. That's the way you heard it? Aanenson: That's the way. Conrad: You're going to write it. Aanenson: Yes. Ron just summarized it. Conrad: With a dock goes 3 boats. Aanenson: The issue here is because it's so narrow, they have to meet the dock setback zone so that's why they're non - conforming. That's why we're saying that if they've had a dock, they can continue to use the dock as long as it's always been in the water. If you don't have it in. there for more than one period, you've lost your rights. Conrad: Right. With a dock goes 3 boats overnight. Aanenson: Right. Ledvina: Just to further add to that. I would like to make a friendly amendment, in the event that the dock is approved, I would like to amend condition number 14 to clearly state that if the use of the dock is discontinued for more than one year, the legal non- conforming status is lost. Nutting: I'll accept that. Scott: Okay. Is there any more discussion? Nutting moved, Mancino seconded that the Planning Commission recommend that the City Council approve the preliminary plat for Subdivision 495 -1, Ravenswood Estates, subject to the plans dated February 6, 1995, and the following conditions: L Tree preservation and home placement plans shall be submitted at the time of the building permit application for staff review and approval. Tree protection fencing shall be incorporated on the site during construction and demolition to protect all trees that are to be preserved, 15 Planning Commission Meeting - March 1, 1995 2. The site plan documents should be revised to show driveway access to Lot 1 from the proposed driveway which will result in the saving of a significant 36 inch diameter oak tree. 3. The applicant shall obtain and convey the necessary cross - access or driveway maintenance easement agreements between the new lots and the neighboring lots to provide access to the newly created lots. 4. The existing cottage and garage shall be razed or removed from the site within 30 days after the final plat has been recorded. The utility lines to the cottage shall be properly abandoned in accordance with City standards. The applicant shall obtain the necessary permits from the City. 5. Soil reports showing details and locations of house pads and verifying suitability of natural and fill soils shall be submitted to the Inspections Division prior to issuance of any building permits. 6. Full park and trail fees shall be paid at the time of building permit approval in the amount in force at the time of building permit application. 7. The existing power pole along the east property line shall be relocated to avoid conflict with the proposed private driveway. 8. Sanitary sewer and water service will have to be extended to Lot 2. The applicant and /or builder at the time of building permit issuance shall be assessed another trunk and lateral sewer and water assessment in the amount of $8,124.00 (1995 rate). The City will credit $2,500.00 against these trunk and lateral sewer and water assessments if the applicant or builder constructs the individual service lines from the main line to the property line. If the City performs the work, no credits will be given. ' 9. The existing hydrant located in the northeast corner of the site shall be relocated to avoid conflict with traffic. The City shall perform necessary inspections to insure proper construction in accordance to City standards. A permit will be required from ' the City for this work. The applicant will be responsible for all costs associated with the relocation of the fire hydrant. 10. Storm water quality and quantity fees shall be based in accordance to the City's SWMP. The water quality and water quantity fees have been calculated at $1,088.00 and $2,693.00 respectively. These fees are payable at time of final plat recording. 16 Planning Commission Meeting - March 1, 1995 11. The existing gravel driveway on the west side of Lot 1 which accesses to Holly Lane shall be abandoned and the ditch section restored. All new driveways which cross the ditch section shall have a 30 inch diameter driveway culvert installed along with riprap. 12. Type I erosion control fence will be required in conjunction with site grading or new home construction in accordance with the City's Best Management Practice Handbook. 13. Portions of the private street which services more than one homesite shall be constructed with a bituminous surface 20 feet wide and designed to support a 7 ton per axle weight. 14. Storage of boats at the dock must be consistent with applicable city requirements except those which have the legal non - conforming status. If the use of the dock is discontinued for move than one yeas; the legal non - conforming status is lost. 15. The applicant is required to submit to staff for their review evidence that a dock has been in use on the property since 1983. All voted in favor and the motion carried. Scott: This is going to the City Council on the, it's still scheduled for the 27th of this month? Okay. Good. And just a comment with regard to surface water management. Obviously we have some concerns there that we'd like to pass onto our folks at the City Council. And then also when a decision is being made on the dock, please whoever is going to be involved with that decision really has to take a very close look at how the decision was made on Schmidt's Acres because in that particular situation the time frames were very similar. Early 1900's. And also there was conflicting information from those who were interested in seeing the dock versus those who weren't and there was antidotal information that was accepted but there were no photographs available for each year so we have set a precedent in that particular issue and I think we have to pay very close attention to it when you guys make a decision on this one. Conrad: And Joe, what was the ruling on that? Scott: That they kept the dock. The situations are extremely close as far as facts and so forth, so I think that's a, we're always careful about when we make a decision on something like this that it follows that the next time it's made, it's consistent. Conrad: And that one had a 10 foot piece of lakeshore? 17 Planning Commission Meeting - March 1, 1995 Scott: No, it was 50 feet. Or no, 30? Yeah, it was non - conforming. Conrad: I'm real uncomfortable with my decision. Aanenson: The beachlot thing's a little bit different. We were trying to attach the documentation to 1981. Okay. In order to maintain the legal non - conforming, he's got to demonstrate that it's been in there every year. The burden of proof is. Conrad: The burden is on him. Aanenson: Exactly. Scott: Okay, good. Thank you all for coming. ' PUBLIC HEARING: SITE PLAN REVIEW FOR A 5,052 SQUARE FOOT BUILDING TO BE LOCATED ON LOT 3, BLOCK 1, WEST VILLAGE HEIGHTS 2ND ADDMON. THE PROPERTY IS ZONED BG, GENERAL BUSINESS DISTRICT AND LOCATED AT 900 WEST 78TH STREET, GENE HABERMAN, CENTURY BANK. Public Piesent: Name Address Craig Hallett 983 Santa Vera Drive Ken Brooks Eden Prairie Pat Giordana Minneapolis Sheldon Wert Minnetonka Bob Generous piesented the staff repoit on this item. Scott: Okay, thank you. Any other comments from staff? Good. Questions or comments from commissioners? Mancino: I'll wait. Scott: Okay, good. Would the applicant or their representatives like to make a presentation? Yes sir. 18 3/15/95 Pamela I Myers 1115 Holly Lane Chanhassen, MN 55317 612- 474 -1601 CONCERNS regarding storm water management: 1. Storm water run -off from Powers Boulevard settles in my front yard with its salt, sand, and debris. I have attempted to landscape this area with no success. I have attempted to plant grass seed, and have had sod laid, only to have both regularly overwhelmed with debris, and resultant weed growth. Mike Wegler has regularly helped as much as he could to apply temporary solutions to this storm water drainage problem. His crew dug out the storm water drainage ditch 2 -3 times in the seven years I have owned this property. One year his crew attempted to seed this ditch. The seed, of course, could not take root; it was washed down stream to Christmas Lake. Last summer his crew sodded this ditch. The sod is now under a layer of salt, sand, and debris. 2. Storm water culvert pipes are larger in diameter up hill from my property, therefore they're feeding a larger quantity of water into smaller pipes, so that when the water arrives on my property it is flowing in quantity and speed which the current pipe size cannot handle. A I have been having annual conversations with the City staff for seven years. Most recently I have talked with and corresponded with Diane Desotelle. She has explained to me that there is a new Surface Water Management Plan (SWMP) which will be implemented as funds allow. 3. The vacant lot currently at 1035 Holly Lane is also low. It also accumulates standing water. ' This is the last vacant lot on Holly Lane. There is no other place for future SWMP nutrient pond implementation. With plans to build two houses on this lot, t there will no longer be open low land for the standing water. The water would be forced into an unmaintained culvert, slowing the water runoff flow, from ' Powers Boulevard, resulting in forcing more water to accumulate in my front yard. 3. I understand that the driveway for 1035 will have a 30" culvert, which will feed into a 15" pipe. I don't understand the purpose of this configuration in relationship to storm water flow. I have requested a 24" pipe at the east side of my property, and Diane has said this would not be allowed. 4. The 15" pipe which feeds directly into Christmas Lake is the smallest size pipe in the entire hillside down from Powers Boulevard. In addition, it is regularly clogged with debris. This regularly inhibits drainage. The drainage which is inhibited is accumulating in my front yard. CONCERNS regarding property line: 1. My landscaping plan includes straightening out the 10' driveway easement access to Holly Lane by moving the entrance to the property line. 2. The surveyor employed by the developer of 1035 has placed a corner stake about a foot too far west of the north -south line adjoining 1115. I have notified the realtor. What is my next step? ' Ravenswood Estates March 1, 1995 Page 9 11. The existing gravel driveway on the west side of Lot 1 which accesses to Holly Lane ' shall be abandoned and the ditch section adjacent to Holly Lane cleaned out down to the east property line of proposed Lot 1. All new driveways which cross the ditch section shall have a 30 -inch diameter driveway culvert installed along with riprap. 12. Type I erosion control fence will be required in conjunction with site grading or new home construction in accordance with the City's Best Management Practice Handbook. ' 13. Portions of the private street which services more than one homesite shall be constructed with a bituminous surface 20 feet wide and designed to support 7 -ton per ' axle weight vehicles. 11�1'Ft those whieh have the legal rion eanforming states. if the Use of the d0ek is diseontintted for more than one year, the legal non eonforming stattis is lost. 15. if the appliettnt wishes to have a daek an th ittke shore property, the app4eant sttbmit evidettee showing that tt daek has been in use an the property sinee 1983. No docks, moorings, or boat lifts shall be permitted on Lot 2. 16. The turnaround on Holly Lane shall be modified to 20' x 30' with a 30 foot radius on the westerly side. The pavement design section shall be in accordance with the city's urban street section." ATTACHMENTS: 1. Application dated January 28, 1995 2. Plat of "Crane's Vineyard Park" 3. Memo from Dave Hempel dated February 23, 1995 4. Memo from Steve Kirchman dated February 20, 1995 5. Letter from DNR dated February 13, 1995 6. Letter and pictures from Pam Myers dated March 15, 1995 7. Modified turnaround 8. Minutes of March 1, 1995 Planning Commission meeting I MILES W. LORD & ASSOCIATES LAW OFFICE t 600 West 79 Street • Americana Community Bank Building Chanhassen, Minnesota 55317 (612) 333 -5673 ' FAX (612) 937 -3501 ' February 28, 1995 Mr. John Rask t City of Chanhassen 1 s 690 Coulter Drive ' Chanhasse:n, MN 55317 WOJJ) Re: Proposal to Subdivide by Applicant Julie Sprau ' Dear Mr. Rask: ' In their absence, my parents, Miles and Maxine Lord, have asked me to monitor this proposal as it may affect them. ' We have worked with real estate agent, Carl Zinn, and have participated in some of the plans relating to a driveway. In addition, I have reviewed the staff report. ' The purpose of this letter is to point out what I know to be an error in that report. Under the heading "Background" the report states "Staff has reviewed the nonconforming ' status of this piece of property, as it pertains to future use of the lakeshore, and determined that a dock may be maintained as a nonconforming structure. A dock has existed on this parcel in excess of 40 years and may continue to be used as long as it ' maintains its `grandfather status.' " ' There has not been a dock there, based upon my personal knowledge, since 1972 and probably prior to that. I lived on that property from 1972 to 1975 and there was no dock at that time. I also had the opportunity to observe that piece of property after I ' moved because my parents lived near and then at that site ever since. There has not been a dock at the location indicated for at least the past 23 years during summer or winter ' months. Our family welcomes the new neighbors. We only wish that the record factually I portray the history of this property. I RASK.LTR 02/28/95 3:23 PM Mr. John Rask February 28, 1995 Page 2 Thank you for your consideration. tf Very truly yours, MILES W. LORD & ASSOCIATES LAW OFFICE i �. James F. Lord RASKITR 02/28/95 3:23 PM