1g1 Lucas Igel Addition /&
CITYOF
690 City Ce, ter Drive
PO Box 147
Chanhasse,, Minnesota 55317
Phone
952.937.1900
General Fax
952.937.5739
Engineering Department Fax
952.937.9152
Building Department Fax
952.934.2524
Web Site
www. d. cha,hassen, nm. us
TO:
FROM:
DATE:
Todd Gerhardt, Acting City Manager
Bob Generous, Senior Planner ~~~,
July 23, 2001
SUB J:
Lucas Igel Addition (SUB #2000-2) Final Plat
PROPOSAL SUMMARY
The developer is requesting final plat approval to subdivide 1.09 acres into two
lots. The existing house, which had previously been proposed for demolition, would
be maintained on one lot. While the original developer intended to remove the
existing home and replace it with a larger home, requiring the current property
owner to demolish the home would be punitive. The requirement for demolishing
the home was only to forestall the creation of a nonconforming structure. Provided
the property owner removes that portion of the structure that does not comply with
Setback from the new lot line, permitting the house to remain meets the intention of
the ordinance. The lots will be accessed from Laredo Drive via a private street that
separates into individual driveways serving each home.
BACKGROUND
On March 12, 2001, the Chanhassen City Council approved the preliminary plat,
Subdivision #00-2, for Lucas Igel Addition, creating two lots. An alternate
subdivision proposal creating two lots, but requiring a variance from the lakeshore
width requirements, was withdrawn by the applicant with approval of this
preliminary plat.
REVIEW CONDITIONS OF APPROVAL
1. The front setback for Lot 1, Block 1, shall be at the line where the lot width
meets 90 feet.
.
*This condition still applies.
All existing utilities must be abandoned and inspected as required by the
appropriate department or agency.
*This condition is a duplicate and can be deleted (see #9)
3e Gty o£Chanhassen. A a~rowi,g commtmit~, with clean lakes, a,alin, schoo/s, a clsamin¢ downtown, thrivin~ businesses, and beautiful oarks. A creat o/ace to live. work. and
Todd Gerhardt
July 23,2001
Lucas Igel Addition Final Plat
Page 2
3. Final reports must be provided for any soil correction work before building permits will
be issued.
*This condition still applies.
4. Sanitary sewer services must be installed in accordance with the Minnesota State
Plumbing Code.
*This condition is a duplicate and can be deleted (see #9).
5,
The developer shall submit a landscape plan showing minimum buffer yard requirements
including one overstory tree, two understory trees and two shrubs. The buffer yard
plantings shall be located directly north of the proposed home on Lot 2.
*This condition shall be modified as follows: The property owner shall preserve existing
trees along the north property line of Lot 2, Block 1, Lucas Igel Addition. One additional
understory tree shall be planted.
,
The developer shall pay full park and trail fees for one additional lot. One-third of the
fees will be payable at the time of final plat recording. The balance of the fees will be
payable ;with the first building permit for a home in this development.
*This condition shall be modified as follows: The developer shall pay full park and trail
fees for one additional lot. One-third of the fees will be payable at the time of final plat
recording. The balance of the fees will be payable with the building permit for a new
home on Lot 1, Block 1, Lucas Igel Addition.
,
The proposed residential development of 1.09 net developable acres is responsible for a
water quality connection charge of $872.00. If the applicant demonstrates that ponding
provided on site meets the City' s water quality goals, all or a portion of this fee may be
waived. The applicant is also responsible for a water quantity fee of $2,158.20. These fees
are payable to the City at the time of final plat recording.
*This condition still applies.
8. A demolition permit must be obtained before demolishing the existing building. The
existing building must be demolished prior to recording the final plat.
*This condition shall be modified as follows: A demolition or remodeling permit must be
obtained before demolishing any portion of the existing building. That portion of the
existing building that does not comply with the required setback from the new property
line must be demolished or moved to meet the required setbacks prior to recording the
final plat.
Todd Gerhardt
July 23, 2001
Lucas Igel Addition Final Plat
Page 3
o
All existing utilities must be abandoned and inspected as required by the City's Building
Department. All sanitary sewer services must be installed in accordance with the
Minnesota State Plumbing Code and/or the City of Chanhassen's standard utility
specifications.
*This condition shall be modified as follows: All sanitary sewer services must be
installed in accordance with the Minnesota State Plumbing Code and/or the City of
Chanhassen's standard utility specifications.
10. A detailed grading, drainage, erosion control and tree removal plan along with a utility
plan will be required prior to final plat consideration for city staff to review and approve.
Tree protection fencing must be installed prior to site grading.
*This condition shall be modified as follows: A detailed grading, drainage, erosion
control and tree preservation plan will be required as part of the building permit
application for review and approval for Lot 1, Block 1, Lucas Igel Addition. Tree
protection fencing must be installed prior to site grading. In addition, an as-built lot
survey will be required prior to the issuance of a certificate of occupancy.
11. The applicant and staff shall work together in determining the paths for the sanitary sewer
and water services that creates the least disruption to existing vegetation. The City, at the
applicant's expense, will extend a water service for Lot 1 from Laredo Lane to the
property line of Lot 1. The applicant shall be responsible for extending the water and
sanitary sewer services to Lot 1. The applicant shall escrow with the City, $4,500 to
guarantee the water and sanitary sewer service extensions. A sanitary sewer and water
hookup fee and connection charge will be applied at time of building permit issuance on
Lot 1. The cost of extending the water service to Lot 1 from Laredo Lane shall be
deducted from the watermain connection charge for Lot 1. The applicant shall prepare
and record a cross-access easement agreement for the water and sanitary sewer lines that
encroach upon the lots.
*This condition shall be modified as follows: The newly created lot will be responsible
for one sewer and water hook-up and connection charge at the time of building permit
issuance. The 2001 sanitary sewer and water connection charges are $4,144 each and the
trunk hook-up charges are $1,322 for sanitary and $1,723 for water. The cost of the water
service from Laredo Lane to the property line will be deducted from the applicant's water
connection charges on Lot 1. The applicant shall notify the City 30 days in advance to
request the water service extension from Laredo Lane. The proposed sewer route shall be
moved to the south in order to avoid the existing trees. The applicant shall escrow with
the City, $2,500 for the water service extension from Laredo Lane. The applicant shall
escrow $2000 with the City to guarantee extension of a sanitary sewer service from Lot 2
to Lot 1. The applicant will need to prepare private cross-access easements to be recorded
against both parcels for the extension of sewer and water lines through Lots 1 and 2,
respectively.
Todd Gerhardt
July 23, 2001
Lucas Igel Addition Final Plat
Page 4
12. The typical 5-foot and 10-foot wide side, front and rear yard drainage and utility
easements shall be dedicated on the final plat. In addition, a 20-foot wide utility and
drainage easement shall be dedicated over the existing sanitary sewer line that runs
through Lot 2.
*This condition has been met.
13. The developer shall be responsible for all city attorney fees associated with the review
and recording of the final plat documents, Park and Trail fees, Surface Water Management
Fees, and GIS fees pursuant to city ordinance. These fees are due at time of final plat
recording.
*This condition still applies.
14.
All driveways shall be paved with an all-weather surface such as asphalt or concrete.
Both lots must be accessed via a common curb cut as shown on the plans. The location of
the driveway is to be reviewed by the applicant and staff to minimize tree removal. The
common portion of the driveway must be 20 feet wide and built to a 7-ton axle weight
design. Cross-access easements and maintenance agreements shall be prepared by the
applicant and recorded against both lots. The driveway access easement shall be 30 feet
wide.
*This condition still applies.
15. The engineering department will review to make sure that there is no increased runoff
into the lake from the construction of the private street and driveway.
*This condition still applies.
16. As part of any building permit submittal, impervious surface calculations shall be
prepared and included on the certificate of survey.
*This condition still applies.
LANDSCAPING/TREE PRESERVATION
The developer has stated that they are preserving existing vegetation along the north property
line that fulfills the requirement for buffer yard plantings. Staff has visited the site and believes
the existing vegetation meets the requirements except one additional understory tree should be
planted north of the garage area. Staff is recommending the modification of the landscaping
condition to require that these trees be preserved and one understory tree be planted.
Todd Gerhardt
July 23, 2001
Lucas Igel Addition Final Plat
Page 5
PARKS AND RECREATION
The City of Chanhassen does not desire additional park land in this area. Therefore, the
development shall be required to pay full park and trail fees for the one additional lot created as
part of the development. The developer shall pay full park and trail fees for one additional lot.
One-third of the fees will be payable at the time of final plat recording. The balance of the
fees will be payable with the building permit for a new home in this development on Lot 1,
Block 1.
GRADING/DRAINAGE/EROSION CONTROL
There is an existing home on the lot that is to remain after development of the site. The
submitted plan shows a garage floor and rear yard elevation for the proposed home. Since the
lot is proposed to be custom graded, a detailed grading, drainage, erosion control and tree
preservation plan will be required at the time of building permit application for review and
approval. In addition, an as-built lot survey will be required prior to issuance of the certificate
of occupancy.
Upon review of the drainage patterns for this area, the lot currently sheet drains easterly
towards Lotus Lake from Laredo. The plans propose to expand a small portion of the
driveway to 20 feet in width which will add very little additional runoff towards the lake.
There is a long distance between the driveway and the lake whereby vegetative cover will
slow the velocity of water and filter sediments from any runoff prior to reaching the lake as it
has done in the past. Staff does not believe that the additional impervious surface from the
home site will negatively impact the lake over and above what currently exists on the property
due to the fact that the house is set back a significant distance from the lake. We are not
recommending any additional storm drainage improvements or mitigation measures.
UTILITIES
Municipal sewer and water service is available to the site. The existing house is connected to
City sewer and water. This parcel has been previously assessed for one sewer and water unit;
therefore, the newly created lot will be responsible for one sewer and water hook-up and
connection charge at the time of building permit issuance. The 2001 sanitary sewer and water
connection charges are $4,144 each and the trunk hook-up charges are $1,322 for sanitary and
$1,723 for water. The cost of the water service from Laredo Lane to the property line will be
deducted from the applicant's water connection charges on LOt 1. The applicant shall notify
the City 30 days in advance to request the water service extension from Laredo Lane.
The plan shows a proposed sanitary service to the new house on LOt 1. The proposed
alignment routes the sewer service through a small grove of trees in the northeast comer of
Lot 2. Staff recommends that the proposed sewer route be moved to the south in order to
avoid the existing trees. Extension of the sanitary sewer service to Lot 1 will involve
encroaching upon Lot 2. The submitted plan shows one additional water service for the new
home. Currently, one water service is in place for the existing building. If the existing water
Todd Gerhardt
July 23, 2001
Lucas Igel Addition Final Plat
Page 6
line lies under the proposed house pad for Lot 1, then a new water service would have to be
installed. Either way, a new water service will need to come from Laredo Lane to the
property line to service one of the two lots. This will involve open cutting of Laredo Lane to
tap the existing watermain. The City, at the applicant's expense, will extend the water service
to the property line of Lot 1 from Laredo Lane. The applicant shall escrow with the City,
$2,500 for the water service extension from Laredo Lane. The applicant and staff will work
together in detelTnining the path for the water service(s) that creates the least disruption to
existing vegetation. Staff recommends that the applicant escrow $2000 with the City to
guarantee extension of a sanitary sewer service from Lot 2 to Lot 1. Further, the applicant
will need to prepare private cross-access easements to be recorded against both parcels for the
extension of sewer and water lines through Lots 1 and 2, respectively.
STREETS
The site is accessible from Laredo Lane through an existing blacktop driveway. The plan
proposes using the driveway to service both lots while widening the common portion of the
drive to meet the 20-foot wide, 7-ton per axle design requirement. Staff believes that this
driveway meets the private driveway/street ordinance. The driveway grades for the proposed
house on Lot 1 will be reviewed in detail with the building permit application to ensure that
they are not greater than 10%. A cross-access easement and maintenance agreement for both
lots will need to be prepared and recorded for the common portion of the driveway through
Lot 1.
SURFACE WATER MANAGEMENT PLANT (SWMP)
The proposed residential development of 1.09 net developable acres is responsible for a water
quality connection charge of $872.00. If the applicant demonstrates that ponding provided on
site meets the City's water quality goals, all or a portion of this fee may be waived. The
applicant is also responsible for a water quantity fee of $2,158.20. These fees are payable to the
City at the time of final plat recording.
.COMPLIANCE TABLE
Area (sq. ft.) Frontage (ft.)
Depth (ft.)
Code 15,000 non- 90 125
lakefront, 20,000
lakefront
Lot 1, Block 1 21,752 64.29@ 219
Lot 2, Block 1 25,759 187 138
Total 47,511
@ Lot width is 90 feet at the building setback line
Maximum Impervious
Surface (sq. ft.)
25 %
5,438
6,437
Todd Gerhardt
July 23, 2001
Lucas Igel Addition Final Plat
Page 7
· Setbacks: Front: 30 feet, Lot 1 setback is at the point where the lot width meets the 90 ft
width which is greater than 30 feet from Laredo Drive; Side: 10 feet; Rear: 30 feet,
Lakeshore 75 feet for all new construction.
· Lot coverage is limited to 25 percent impervious surface.
· Maximum building height is 3 stories and 35 feet.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
"The City Council approves a resolution granting final plat approval of Subdivision #2000-2
creating two lots, plans prepared by Carlson & Carlson, Inc., dated received July 2, 2001,
subject to the following conditions:
The front setback for Lot 1, Block 1, shall be at the line where the lot width meets 90
feet.
.
Final reports must be provided for any soil correction work before building permits
will be issued.
o
The property owner shall preserve existing trees along the north property line of Lot 2,
Block 1, Lucas Igel Addition. One additional understory tree shall be planted.
.
The developer shall pay full park and trail fees for one additional lot. One-third of the
fees will be payable at the time of final plat recording. The balance of the fees will be
payable with the building permit for a new home on Lot 1, Block 1, Lucas Igel
Addition.
o
The proposed residential development of 1.09 net developable acres is responsible for a
water quality connection charge of $872.00. If the applicant demonstrates that ponding
provided on site meets the City's water quality goals, all or a portion of this fee may be
waived. The applicant is also responsible for a water quantity fee of $2,158.20. These
fees are payable to the City at the time of final plat recording.
o
A demolition or remodeling permit must be obtained before demolishing any portion
of the existing building. That portion of the existing building that does not comply
with the required setback from the new property line must be demolished or moved to
meet the required setbacks prior to recording the final plat.
.
All sanitary sewer services must be installed in accordance with the Minnesota State
Plumbing Code and/or the City of Chanhassen's standard utility specifications.
o
A detailed grading, drainage, erosion control and tree preservation plan will be
required as part of the building permit application for review and approval for Lot 1,
Block 1, Lucas Igel Addition. Tree protection fencing must be installed prior to site
Todd Gerhardt
July 23, 2001
Lucas Igel Addition Final Plat
Page 8
grading. In addition, an as-built lot survey will be required prior to the issuance of a
certificate of occupancy.
.
The newly created lot will be responsible for one sewer and water hook-up and
connection charge at the time of building permit issuance. The 2001 sanitary sewer
and water connection charges are $4,144 each and the trunk hook-up charges are
$1,322 for sanitary and $1,723 for water. The cost of the water service from Laredo
Lane to the property line will be deducted from the applicant's water connection
charges on Lot 1. The applicant shall notify the City 30 days in advance to request the
water service extension from Laredo Lane. The proposed sewer route shall be moved
to the south in order to avoid the existing trees. The applicant shall escrow with the
City, $2,500 for the water service extension from Laredo Lane. The applicant shall
escrow $2000 with the City to guarantee extension of a sanitary sewer service from
Lot 2 to Lot 1. The applicant will need to prepare private cross-access easements to be
recorded against both parcels for the extension of sewer and water lines through Lots 1
and 2, respectively.
10.
The developer shall be responsible for all city attorney fees associated with the review
and recording of the final plat documents, Park and Trail fees, Surface Water
Management Fees, and GIS fees pursuant to city ordinance. These fees are due at time
of final plat recording.
11.
All driveways shall be paved with an all-weather surface such as asphalt or concrete.
Both lots must be accessed via a common curb cut as shown on the plans. The
location of the driveway is to be reviewed by the applicant and staff to minimize tree
removal. The common portion of the driveway must be 20 feet wide and built to a 7-
ton axle weight design-. Cross-access easements and maintenance agreements shall be
prepared by the applicant and recorded against both lots. The driveway access
easement shall be 30 feet wide.
12.
The engineering department will review to make sure that there is no increased runoff
into the lake from the construction of the private street and driveway.
13.
As part of any building permit submittal, impervious surface calculations shall be
prepared and included on the certificate of survey."
ATTACHMENTS
1. Location Map
2. Final Plat
3. Resolution
4. Letter from Jerry & Janet Paulsen to Kate Aanenson dated 7/18/01
5. Letter from Robert Generous to Jerry & Janet Paulsen dated 7/18/01
g:\plan\bg\development reviewXLucas Igel Addition fp.doc
.!~.LI.
LUCAS IGEL ADDITION
L,i..r PLAT FILE NO.
~,gz'" ~l~'.
Id~NL~k'N~ ~ ~rrH ~['JOTA
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
RESOLUTION NO:
MOTION BY:
SECONDED BY:
A RESOLUTION APPROVING A FINAL PLAT
CREATING LUCAS IGEL ADDITION,
JOHN E. AND LAURIE A. LONGSTREET '
WHEREAS, John E. and Laurie A. Longstreet have requested a subdivision of their
property into two single family lots of 21,752 and 25,749 square feet; and
WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen
City Code; and
WHEREAS, the Chanhassen Planning Commission held a public heating on September
5, 2000, and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning
ordinance and recommended approval of the subdivision.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves the final plat for Lucas Igel Addition (Subdivision #2000-2) for the Longstreet property
legally described as Lot 11, Block 1, Sunrise Hills 1st Addition creating Lots 1 and 2, Block 1,
Lucas Igel Addition as shown on the plans prepared by Carlson & Carlson, Inc., stamped City of
Chanhassen received July 2, 2001, and as amended by the City, subject to the following
conditions:
Passed and adopted by the Chanhassen City Council this 23rd day July of 2001.
ATTEST:
Todd Gerhardt, Acting City Clerk/Manager
Linda C. Jansen, Mayor
YES NO ABSENT
g:\plan\bgXResolution Lucas Igel Add
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
RESOLUTION NO:
MOTION BY:
SECONDED BY:
A RESOLUTION APPROVING A FINAL PLAT
CREATING LUCAS IGEL ADDITION,
JOHN E. AND LAURIE A. LONGSTREET
WHEREAS, John E. and Laurie A. Longstreet have requested a subdivision of their
property into two single family lots of 21,752 and 25,749 square feet; and
WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen
City Code; and
WHEREAS, the Chanhassen Planning Commission held a public hearing on September
5, 2000, and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning
ordinance and recommended approval of the subdivision.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves the final plat for Lucas Igel Addition (Subdivision #2000-2) for the Longstreet property
legally described as Lot 11, Block 1, Sunrise Hills 1st Addition creating Lots 1 and 2, Block 1,
Lucas Igel Addition as shown on the plans prepared by Carlson & Carlson, Inc., stamped City of
Chanhassen received July 2, 2001, and as amended by the City, subject to the following
conditions:
1. The front setback for Lot 1, Block 1, shall be at the line where the lot width meets 90 feet.
,
o
,
o
Final reports must be provided for any soil correction work before building permits will
be issued.
The property owner shall preserve existing trees along the north property line of Lot 2,
Block 1, Lucas Igel Addition. One additional understory tree shall be planted.
The developer shall pay full park and trail fees for one additional lot. One-third of the
fees will be payable at the time of final plat recording. The balance of the fees will be
payable with the building permit for a new home on Lot 1, Block 1, Lucas Igel Addition.
The proposed residential development of 1.09 net developable acres is responsible for a
water quality connection charge of $872.00. If the applicant demonstrates that ponding
provided on site meets the City's water quality goals, all or a portion of this fee may be
waived. The applicant is also responsible for a water quantity fee of $2,158.20. These fees
are payable to the City at the time of final plat recording.
o
A demolition or remodeling permit must be obtained before demolishing any portion of
the existing building. That portion of the existing building that does not comply with the
required setback from the new property line must be demolished or moved to meet the
required setbacks prior to recording the final plat.
7. All sanitary sewer services must be installed in accordance with the Minnesota State
Plumbing Code and/or the City of Chanhassen's standard utility specifications.
o
A detailed grading, drainage, erosion control and tree preservation plan will be required
as part of the building permit application for review and approval for Lot 1, Block 1,
Lucas Igel Addition. Tree protection fencing must be installed prior to site grading. In
addition, an as-built lot survey will be required prior to the issuance of a certificate of
occupancy.
o
The newly created lot will be responsible for one sewer and water hook-up and
connection charge at the time of building permit issuance. The 2001 sanitary sewer and
water connection charges are $4,144 each and the trunk hook-up charges are $1,322 for
sanitary and $1,723 for water. The cost of the water service from Laredo Lane to the
property line will be deducted from the applicant's water connection charges on Lot 1.
The applicant shall notify the City 30 days in advance to request the water service
extension from Laredo Lane. The proposed sewer route shall be moved to the south in
order to avoid the existing trees. The applicant shall escrow with the City, $2,500 for the
water service extension from Laredo Lane. The applicant shall escrow $2000 with the
City to guarantee extension of a sanitary sewer service from Lot 2 to LOt 1. The applicant
will need to prepare private cross-access easements to be recorded against both parcels
for the extension of sewer and water lines through Lots 1 and 2, respectively.
10. The developer shall be responsible for all city attorney fees associated with the review
and recording of the final plat documents, Park and Trail fees, Surface Water
Management Fees, and GIS fees pursuant to city ordinance. These fees are due at time of
final plat recording.
11.
All driveways shall be paved with an all-weather surface such as asphalt or concrete.
Both lots must be accessed via a common curb cut as shown on the plans. The location
of the driveway is to be reviewed by the applicant and staff to minimize tree removal.
The common portion of the driveway must be 20 feet wide and built to a 7-ton axle
weight design. Cross-access easements and maintenance agreements shall be prepared by
the applicant and recorded against both lots. The driveway access easement shall be 30
feet wide.
12. The engineering department will review to make sure that there is no increased runoff
into the lake from the construction of the private street and driveway.
13. As part of any building permit submittal, impervious surface calc~
prepared and included on the certificate of survey.
Passed and adopted by the Chanhassen City Council this 23rd day
ATTEST:
Todd Gerhardt, Acting City Clerk/Manager
Linda C. Jm
YES NO
g:\plan\bgLResolution Lucas Igel Add
7305 Laredo Dr.
Chanhassen MN 55317
July 18, 2001
Kate Annenson, Community Development Director
Chanhassen MN 55317
Subject: Final Plat, Igel Addition, 7303 Laredo Drive
When the Council discussed this issue at the March 12, 2001, meeting, staff said there were two
choices:
1. Two lakeshore lots with several variances.
2. A stacked plan (1 lakeshore and one non-lakeshore lot) with no variances. Staff said no
variances were required because the existing house was to be demolished.
Council members expressed the opinion it was best to choose plat #2, which followed
Chanhassen ordinance. But, they regretted that there was no legal way to put conditions upon
choice #2 as it had no variances.
Now alternative #2 requires variances because they are not removing the nonconforming house
on the riparian lot. The result is to retain a nonconforming structure on the lakeside and create a
nonconforming structure on the street side. The applicant has ignored the condition of razing the
house and is remodeling the existing home.
Subdividing the lot as proposed increases the nonconformity as a percentage of the area.
Conclusion: The city should not renege on the requirement for subdivision approval, i.e., razing
the existing house. If the applicant is remodeling the house, he should not be permitted to retain
a nonconforming structure. A variance should be required because the existing house does not
meet the DNR Shoreland requirement for a 75-foot setback from the Ordinary High Water
(OHW) line. The applicant should be required to modify the house so that it meets the 75-foot
setback.
The other alternative is for the applicant to modify the front lot line of the riparian lot. He should
submit the application to the Planning Commission. It would be the simplest way to avoid the
cost of tearing down a garage. This would also protect the existing 62 home neighborhood
standards of 44 years, because putting in a private street now requires a variance. A variance
enables conditions to be placed upon structure position on the upper lot and would allow
protection for its 150-year-old trees.
When the Council approved the Preliminary Plat with a stacked plan, the City Project Engineer
and the Staff stated that the following conditions must be met:
1. Prior to Final Plat approval, a detailed grading, drainage and erosion control plan, and a tree
removal plan along with a utility plan must be prepared and signed by a registered civil engineer.
2. A cross-access easement and maintenance agreement must be prepared and recorded against
both lots.
3. The driveway access easement shall be 30 feet wide. This is not shown on the Final Plat.
Have any of these conditions been met?
In addition, neither the location nor the length of the Ordinary High Water (OHW) line is shown
on the Final Plat. The OHW line is used as a lot line by Shoreland code to determine lot area and
lot width. Be aware that you must differentiate between the OHW line and the survey line. The
survey line has nothing to do with lot area, nor meeting the requirement of a minimum of 90 feet
of width at the OHW line and at the building line. The Final Plat uses a 1999 water line on Lotus
Lake that was 895.34. That data is irrelevant to the OHW line. The OHW line was set by the
DNR in 1978 at 896.3. That is the line that should be on the final plat to be officially recorded
with Carver County.
As we stated in our letter of May 8, 2000 (see Attachment 1), the OHW line changed in shape
and length from one plat to another. The staff report (not the surveyor) subsequently claimed
each lot had exactly 75 feet at the OHW line. Which is the real OHW line, and what is the actual
length that will be officially recorded?
Cordially,
Jerry & Janet Paulsen
Attachments: Plats showing OHW alteration.
Survey for: DAVID
[::;) L AT' 1~1
/ oizooo
,
O.H.W. Elev.: 898~3
Manhole ~1117
~ 0
/-
.Water Elevation = 895.34'
(October 6, 1999)
x\
Iron
I.
·
\M~nhole ,,~ 17
ELM
/ /
i/L/I
Survey for: DAVID IGEL
PLAT
O.H.W. Elev.= 896.3
/
,:.,
\
Water Elevation = 895.34
(October 6, 1999)
---', t~ULGE
LuCAS' I~F_...L. /~O~TIOfO
,SuNP.45E frl-I LL.~
CITYOF
690 City Center Drive
?0 Box I47
Ch,~nhasse,, Mi,,esota 553
])hOIle
952. 937. I900
General Fax
95293Z5739
Engineering Department Fax
952.937.9152
Btdlding Department ?ax
952.93(2524
I~b Site
July 18, 2001
Jerry & Janet Paulsen
7305 Laredo Drive
Chanhassen, MN 55317
Re: Final Plat, Igel Addition, 7303 Laredo Drive
Dear Mr. and Mrs. Paulsen:
I am writing in response to your letter of July 18,2001, regarding the above
referenced project in order to clarify some misunderstandings on your part.
The proposed final plat does not require any variances. The applicant is
proposing that that portion of the structure (part of the garage) that does not
comply with the required setback from the new lot line be removed. Requiring
the removal of the entire house is overly punitive since the setback can be met
with the removal and reconstruction of the garage. While going back through the
subdivision process to change the lot line is an option, it is not necessary in order
for the structure to meet the setback from the new lot line.
Regarding the nonconforming lakeshore setback for the existing house, the
approval of the subdivision does not expand, intensify, replace, structurally
change, or relocate the nonconformity. Additionally, any nonconforming single-
family dwelling may be altered or expanded provided that the nonconformity may
not be increased and provided any additions meet the required setback (see
Section 20-72 of the City Code). The City Attorney has already advised staff
regarding this issue.
The applicant has submitted a signed copy, by a registered engineer, of a plan for
utility and grading. However, since there is no specific house plan, we will
require that the detailed grading, drainage, erosion control, and tree removal plan
be prepared as part of the building permit process. Custom grading of lots is
common in heavily wooded areas.
We will require that a cross access easement be recorded as part of the platting of
the property. These documents are recorded by the city with the mylars of the
plat as well as all other documents. The driveway access easement does not
appear on the plat. Rather, it is a separate document recorded with the plat at the
county.
Jerry and Janet Paulson
July ! 8, 2001
Page 2
The location and length of the Ordinary High Water elevation is irrelevant to the final platting of
the property. The City Attorney has advised us that if there is no change in the lot configuration
as it relates to the shoreline, the OHW is not an issue. Additionally, Minnesota Statutes do not
require the inclusion of the OHW on the final plat.
Finally, the surveyor on the preliminary plat noted that the length of each lot was 75 feet at the
OHW. Staff merely repeated this as part of the report.
If you have additional questions or need more information, please contact me at (952) 937-1900
extension 141.
Sincerely,
Robert Generous, AICP
Senior Planner
c: City Council