Loading...
1d1. Ithilien Addition final plat I Id-1 1 C ITYOF -- i CHANHASSEN 1 690 COULTER DRI • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 F N 1 MEMORANDUM kw by UN 124 ✓au!A' Endorse TO: Don Ashworth, City Manager � ----- I ►,qo Rejects y FROM: Kate Aanenson, Senior Planner Dot I Dave Hempel, Sr. Engineering Technician Date Submitted to Comm I DATE: July 7, 1992 Dat submitted to g" "`� III SUBJ: Final Plat for Ithilien Subdivision 1 The Council approved Preliminary Plat #92 -4 as shown on the plans dated March 14, 1992 and Wetland Alteration Permit #92 -2 as shown on the plans submitted by Barr Engineering dated 1 March 9, 1992 subject to the following conditions: 1. The following easements shall be added to the plat: I a. A 20 foot drainage and utility easement along the common lot line of Lots 2 and 3. 1 b. A 20 foot drainage and utility easement along the common lot line of Lots 14 and 15. c. A 20 foot drainage and utility easement along the common lot line of Lots 15 and 16 1 to provide vehicle access to manhole. I d. A drainage easement along the rear of Lot 14. e. A 20 foot utility easement along the rear of lot lines of Lots 14 through 17 and the side I lot line of Lot 13 for sanitary sewer. f. A drainage easement for the wetland pond for the boundary at the 1004' contour. 1 g. A conservation easement for the wetland over the 1001' contour. 1 h. The existing drainage easement over the wetland must be vacated. 1 1 .s t0 PRINTED ON RECYCLED PAPER 1 1 Ithilien Final Plat July 7, 1992 Page 2 I 2. A 12 inch storm sewer with a 4 inch orifice plate shall be constructed as the outlet structure for the wetland pond. The wetland pond bottom shall be lined with clay and 1 top dressed with 4 to 6 inches of topsoil. 3. Storm drainage contributing area map, storm sewer pipe calculations and an erosion 1 control plan shall be submitted with the final plat. Slopes shall not exceed 3:1. ' 4. The internal watermain system shall be installed within the proposes new street right -of- way and shall be looped to Lilac or Ashton Court. I 5. An additional sanitary sewer manhole shall be located along the common lot line of lots 15 and 16 and vehicle access shall be provided from the new street along the common property line of Lots 15 and 16. 1 6. A 60 foot wide street right -of -way shall be provided for the new street proposed within the subdivision. Seventeen feet of right -of -way shall be granted along the east plat line I to provide a 50 foot right -of -way for Teton Lane as consistent with right -of -way dedications along Teton Lane north and south of this area. 1 7. Lots 1 through 5 shall take driveway access from the proposed new street. 8. Final plat approval shall not be granted until the findings of the feasibility study update I for improvements to Teton lane are know, a public hearing is held and the improvement project is formally ordered. I 9. The developer shall enter into a development contract with the City and provide the necessary securities associated with the development. 1 10. The preliminary plat should be adjusted to provide the required 90 foot frontage at the 30 foot setback for Lots 4 and 6, block 1. Lot 10 shall be adjusted to provide a more suitable building pad area. I 11. Park and trail fees shall be P aid in lieu of land dedication. 1 12. The applicant shall retain a qualified soils engineer to evaluate the sub - surface soil conditions on the proposed subdivision and recommend corrections at proposed house 1 pads if necessary. 13. The location of proposed house pads, the type of dwelling and the lowest floor and garage I elevations should be indicated on the grading plan. Dwelling type designations should be: R Rambler 1 1 1 Ithilien Final Plat 1 July 7, 1992 Page 3 1 TU Tuck Under WO Walk Out I SE Split Entry SEWO Split Entry Walk Out 1 14. The wetland alteration shall be completed exactly as proposed in the Barr Engineering memo dated March 9, 1992 including the two pond system, interspersed with open water I and submergent plant species, and landscaping of a mixture of emergent plant species and wetland shrubs. 15. Disposal of dredged material is prohibited within the wetland area. 1 16. The applicant shall notify staff within 48 hours prior to commencing the alteration to the 1 wetland and shall again notify staff within 48 hours after completion of the wetland alteration for staff review and approval. 17. The letter of credit, as art of the development contract, shall include financial sureties P P to guarantee proper mitigation of the wetland, including landscaping and as -built plans. I FINAL PLAT REQUEST Site Grading The grading plan appears to be acceptable with the exception of the building pad elevations 1 adjacent to the pond. The 100 year flood elevation for the pond was calculated at 1004'. City ordinance requires the lowest flood elevation of the home adjacent to the pond to be constructed I two feet above the 100 year flood elevation. Therefore, the type of homes constructed on Lots 12, 13, 14, 15, 16, and 17, Block 1 may be restricted to split entry walkout versus full basement walkouts. Reconstruction of Teton Lane is also included on the plans. Staff recommends that I cross sections should be taken along Teton Lane to determine the full impacts of the road widening. Erosion Control 1 Erosion control has been included on the grading plan. All disturbed areas are proposed to be seeded within two weeks after the grading is completed. 1 1 1 1 Ithilien Final Plat July 7, 1992 Page 4 1 Streets Construction plans have just been submitted for review. Modifications along Teton Lane may ' be required after cross sections are taken. Therefore, plan and specification approval is being delayed until cross sections are taken. Site grading within the development may proceed with the final plat conditioned upon watershed district approval and development contract approval. 1 Drainage The drainage plans appear relatively straight forward. Storm drainage calculations have just been submitted for review. Staff will be reviewing them shortly. We do not believe there will be any 1 substantial changes. Miscellaneous The following items are comments on the approved conditions of the subdivision, specifying whether they have been met or still need to be complied with. ' 1. The following easements shall be added to the plat: 1 a. A 20 foot drainage and utility easement along the common lot line of Lots 2 and 3. This condition has been met. 1 b. A 20 foot drainage and utility easement along the common lot line of Lots 14 and 15. This condition has been met. 1 c. A 20 foot drainage and utility easement along the common lot line of Lots 15 and 16 to provide vehicle access to manhole. This has been changed to a 20 foot utility easement along the common lot line of Lots 4 and 5. ' d. A drainage easement along the rear of Lot 14. This should be changed to a 30 foot drainage and utility easement along the rear of Lot 14. This condition has been met. e. A 20 foot utility easement along the rear of lot lines of Lots 14 through 17 and the side lot line of Lot 13 for sanitary sewer. ' This has been changed to a 20 foot drainage and utility easement along the common lines of Lots 7 and 8. 1 1 1 Ithilien Final Plat 1 July 7, 1992 Page 5 1 f. A drainage easement for the wetland pond for the boundary at the 1004' contour. g. A conservation easement for the wetland over the 1001' contour. 1 h. The existing drainage easement over the wetland must be vacated. 2. A 12 inch storm sewer with a 4 inch orifice plate shall be constructed as the outlet structure for the wetland pond. The wetland pond bottom shall be lined with clay and top dressed with 4 to 6 inches of topsoil. 3. Storm drainage contributing area map, storm sewer pipe calculations and an erosion control plan shall be submitted with the final plat. Slopes shall not exceed 3:1. This condition has been met. 4. The internal watermain system shall be installed within the proposes new street right-of- way and shall be looped to Lilac or Ashton Court. The plat proposed the internal watermain system be installed within the proposed 1 new street right -of -way and shall be looped to Lilac Lane. 5. An additional sanitary sewer manhole shall be located along the common lot line of lots 15 and 16 and vehicle access shall be provided from the new street along the common property line of Lots 15 and 16. Sanitary sewer line has been realigned and this condition is no longer applicable. 1 6. A 60 foot wide street right -of -way shall be provided for the new street proposed within the subdivision. Seventeen feet of right -of -way shall be granted along the east plat line to provide a 50 foot right -of -way for Teton Lane as consistent with right -of -way dedications along Teton Lane north and south of this area. This condition is being met with the final plat. 7. Lots 1 through 5 shall take driveway access from the proposed new street ( Ithilien). 8. Final plat approval shall not be granted until the findings of the feasibility study update for improvements to Teton lane are know, a public hearing is held and the improvement project is formally ordered. This condition has been met. 9. The developer shall enter into a development contract with the City and provide the necessary securities associated with the development. This condition should also state "the developer shall construct the street, sanitary sewer, and storm, sewer improvements within Teton Lane at his expense and shall 1 1 1 Ithilien Final Plat July 7, 1992 ' Page 6 waive all rights to a public hearing or assessment appeal for 20 percent of the cost to the Lilac Lane improvements, City Project #91-4. ' 10. The relimin plat should be adjusted to provide the required 90 foot frontage at the P �'Y P adjusted P q g ' 30 foot setback for Lots 4 and 6, block 1. Lot 10 shall be adjusted to provide a more suitable building pad area. This condition has been met. ' 11. Park and trail fees shall be paid in lieu of land dedication. 12. The applicant shall retain a qualified soils engineer to evaluate the sub - surface soil conditions on the proposed subdivision and recommend corrections at proposed house pads if necessary. ' 13. The location of proposed house pads, the type of dwelling and the lowest floor and garage elevations should be indicated on the grading plan. Dwelling type designations should 1 be: R Rambler TU Tuck Under ' WO Walk Out SE Split Entry SEWO Split Entry Walk Out This condition has been met. 14. The wetland alteration shall be completed exactly as proposed in the Barr Engineering memo dated March 9, 1992 including the two pond system, interspersed with open water and submergent plant species, and landscaping of a mixture of emergent plant species and wetland shrubs. 15. Disposal of dredged material is prohibited within the wetland area. 16. The applicant shall notify staff within 48 hours prior to commencing the alteration to the PP Y P g ' wetland and shall again notify staff within 48 hours after completion of the wetland alteration for staff review and approval. ' 17. The letter of credit, as part of the development contract, shall include financial sureties to guarantee proper mitigation of the wetland, including landscaping and as -built plans. project for extension of sanitary sewer and water facilities to the site. 1 Ithilien Final Plat 1 July 7, 1992 Page 7 I RECOMMENDATION Staff recommends the City Council approve the final plat for Ithilien Subdivision subject to the I following conditions: 1. Ponding calculations should be revised to account for Teton Lane storm sewer 1 contribution. 2. The applicant shall take cross sections of Teton Lane to determine the full impact on the 1 adjacent properties and adjust the construction plans accordingly. 3. The applicant shall notify the watershed district of the additional area (Teton Lane) to be 1 included in the overall project to see if additional permits are required. 4. The following easements shall be added to the plat: 1 a. A drainage easement for the wetland pond for the boundary at the 1004' contour. 1 b. A conservation easement for the wetland over the 1001' contour. c. The existing drainage easement over the wetland must be vacated. 1 5. A 12 inch storm sewer with a 4 inch orifice plate shall be constructed as the outlet I structure for the wetland pond. The wetland pond bottom shall be lined with clay and top dressed with 4 to 6 inches of topsoil. 6. Lots 1 through 5 shall take driveway access from the proposed new street ( Ithilien). 1 g Y 7. The developer shall enter into a development contract with the City and provide the I necessary securities associated with the development. The developer shall construct the street, sanitary sewer, and storm, sewer improvements within Teton Lane at his expense I and shall waive all rights to a public hearing or assessment appeal for 20 percent of the cost to the Lilac Lane improvements, City Project #91 -4. 8. Park and trail fees shall be paid in lieu of land dedication. 1 9. The applicant shall retain a qualified soils engineer to evaluate the sub - surface soil conditions on the proposed subdivision and recommend corrections at proposed house pads if necessary. 10. The wetland alteration shall be completed exactly as proposed in the Barr Engineering 1 memo dated March 9, 1992 including the two pond system, interspersed with open water 1 1 1 1 Ithilien Final Plat July 7, 1992 Page 8 I and submergent plant species, and landscaping of a mixture of emergent plant species and I wetland shrubs. 11. Disposal of dredged material is prohibited within the wetland area. I 12. The applicant shall notify staff within 48 hours prior to commencing the alteration to the wetland and shall again notify staff within 48 hours after completion of the wetland I alteration for staff review and approval. 13. The letter of credit, as part of the development contract, shall include financial sureties I to guarantee proper mitigation of the wetland, including landscaping and as -built plans. 14. Minimum lowest floor elevation on Lots 12, 13, 14, 15, 16 and 17, Block 1 shall be 1006.00 feet." ATTACHMENTS 1. City Council minutes dated April 27, 1992. 2. Final Plat. 1 3. Grading Plan. 1 1 1 1 1 1 1 1 City Coisncil Meeting - 27; • PRELIMINARY PLAT REQUEST FOR 17 SINGLE FAMILY LOTS ON 9 ACRES. AND A WETLAND ALTERATION PERMIT FOR ALTERATION. RELOCATION AND MITIGATION OF A CLASS 8 a ,a WETLAND. SOUTHWEST CORNER OF INTERSECTION OF LILAC LANE AND TETON LANE, ITHILIEN 1 r ADDITION. HILLOWAY CORPORATION. Public Present: Name Address D � Richard Bloom Representative for Applicant Jim Fenning Applicant Naomi Carlson 5955 Cathcart Drive, Shorewood Florence & Frank Natoli 6251 Teton Lane Oonna Pickerd Lilac Lane and Teton Lane Paul Krauss: As you indicated, the proposal calls for subdividing a 9 acre site into 17 single family lots. It will be served by a new cul-de-sac extended from Teton Lane. The site is zoned for single family development and is consistent with the use designated in the Comprehensive Plan. Average lot size on this proposal exceeds 16,000 square feet. The subdivision itself is a relatively simple one. It's fairly well prepared. There are really very few minor detail changes that are necessary. Essentially all lots meet or exceed ordinance requirements. The history of this project though is probably the more interesting aspect. This came up as you recall during the Curry Farms subdivision. At that time there was an ascertain by the then property owner of this lot and others in the neighborhood that this would never develop and it had implications from a Teton Lane upgrading. The property's gone through some changes in ownership and now of course it is being developed. This is actually the second phase of development on this one. If you recall last year the corner, the upper right hand corner, one acre lot was split off from the Donovan property and that's since been sold and it had an existing hose on it. We really don't have any questions at all of a serious nature with the plat itself. There is a wetland alteration permit with this proposal. There's a small Class B wetland located in this area. Down here at the intersection of Teton and Ashton. it really is a very poor quality wetland. I think the applicant's to be commended. They worked up a very well conceived wetland enhancement and relocation plan. The wetland shifted a little bit further to the southeast to support the development but the wetland's being upgraded from a Class B to basically a Class A. It also includes the NURP pond that we've been requiring for the last year so that the quality of water flowing through this is going to be the highest possible quality and it really meets, it's setting all the guidelines that we have yet to establish with the Surface Water Management Committee. But it's basically the current standard in the city. Access to this site is likely to be a primary concern given the history to this. The applicants have petitioned for a feasibility study for improvements and that's nearing completion and really your decisions concerning access upgrading are going to come at that time. What we're anticipating is an improveaent to Teton Lane and to that stretch of Lilac east of Teton Lane where the intersection is down at CR 17. In the past some residents from Curry Fares. The barricade was put in as a concern that Curry Farms traffic would impact an existing neighborhood. Over the past 2 years we've heard once or twice I believe from Curry Farms residents in that vicinity who at that time were asking that the barricade come down. We've also had an incident where our fire department got ' � 40 City Council Meeting - Aoril 27, 1992 1 stuck on the wrong side of the barricade trying to respond to a call. Staff and the Planning Commission discussing the natter, would reco *send that you consider I removal of the barricade with the improvement of the street. We think it's warranted from an access and a safety standpoint. however, again you're not II 1 acting on that at this point in time. That will come with the feasibility t study. In fact the Planning Commission wanted to convey ay thoughts to you, or their thoughts to you on the removal of the barricade but they specifically removed the condition that would have attached that to the subdivision on the ' premise that the developer can't remove the barricade. Only the City Council can. With those comments, again we think this plat itself is relatively straight forward. It meets or exceeds all ordinance requirements and we're ' recommending that you approve it without variances along with the wetland alteration permit. Thank you. Mayor Chrniel: Okay, thank you Paul. Is the developer here? Oo they have any ' comments to Paul's review? As to what he just recently said. Richard Bloom: Good evening Mr. Mayor, .embers of the City Council. My name is Richard Bloom and I'm the planning consultant representing Hilloway Corporation. I just sight note, we have carefully gone over the staff report. The numerous stipulations that you have in here. We don't really have a problem with any of the conditions imposed upon the approval of the plat. I sight also note, since the report was originally drafted, there was a number of recommendations in your staff report about shifting lot lines to elisinate variances and that sort of thing. We actually have done that already and resubmitted that plat back to the I staff for their review so I think a lot of these issues that are raised in here r are more of the minor nature. I think we've been able to adjust that out. I guess the only comment that we would make, and I guess the objection that we II would like to make is in fact the stipulation number 8 and we talked at length i about this at the Planning Commission meeting. I might also add at the neighborhood meeting which we also held. Basically the stipulation now reads that the final plat approval shalt not be granted until the findings of the 1 feasibility update for improvements to Teton Lane are known, the public hearing is held and the Council then orders the improvement project in. I guess I just might say, we've done everything that was asked of us by your engineering staff. We posted the money to authorize the feasibility study update. We have cooperated with your engineers and your consulting engineers relative to the study. I guess our concern is, we are in fact anxious to proceed with the final ' plat but now we're actually, there was a political decision that obviously you folks are going to have to make here in the near future that is really beyong our control. The barricade was also beyond our control but as far as ordering in the project itself, that is something else that's also beyond our control and I guess with that we would object to that one item. But the other items that are in the staff report, we are in concurrence with that. Thank you. Councilwoman Dimler: Can I ask a question? Mayor Chmiel: Certainly. Mr. Bioo.. is it your feeling that you would want to ' go ahead with the project even if the barricade were not removed? Richard Bloom: Perhaps so, yeah. The barricade I guess as we perceived it, was something that was obviously in place well before we came along. I think the last go around, or at least from the reading of the Minutes the last tine this 41 City Council Meeting - April 27, 1992 issue was raised was as a result or in conjunction with the Curry farms development. I think at that time it was felt, and frankly a lot of the II I neighbors at the neighborhood meeting, many of them were from Curry Farms and they did cone and express the desire to have that barricade removed. I guess from our standpoint and the way our plat is laid out, we don't see a need for our residents to want to turn right and go south on Teton and wind through their ' I neighborhood. I do think however though, especially the emergency concerns. I was a former Planning Director at Minnetonka.. I can certainly understand where your staff is coming from as far as the concerns of the access to the Curry Farms neighborhood. But as far as our plat is concerned, I don't think the barricade really affects us that much one way or the other. Councilwoman Dialer: Okay, thank you. ' Mayor Chmiel: I guess I just have one specific question. In looking at this, at the purchase agreement. It indicates that it was signed December 16, 1991 1 and in looking at that, being that we're in April, 90 days has lapsed from what the standard purchase agreement indicates. Is there an extension that you've provided for this? , Jim Fenning: We have a minor title objection... Richard Bloom: The other thing I might also add. Not all the purchase , agreements were given to you. There was actually two different agreements on the property. Only one appeared in your packet. There is another one beyond that. ' Mayor Chmiel: The one that we have here shows that and I guess my concerns are, I am assuming that you did extend that or have another purchase agreement with them and I'd like for us to be able to at least see that at that time or at the time staff can have it. Jim Fenning: At the time of final platting we will own the property in fee. , Mayor Chmiel: I guess what I'a saying right now, from what it shows here, technically you're not really the purchasee of that property. The time limitation has lapsed and I was concerned as to making sure that you're going through proper application showing that you are that individual and do have rights to that property. • Jim Fenning: The purchase agreement, first of all my name is Jim Fenning. I'■ ...Hilioway Corporation. The purchase agreement, in the fine print, says that closing will be delayed pending resolving any title objections and that's, we , have a minor title objection that is being resolved right now. So we can close anywhere from a week to two weeks. Something like that. Mayor Chmiel: Any other questions? ' Councilwoman Dialer: I have a question of Paul. Paul, did you have a chance to look over their proposal for the mitigation of the Class 8 wetland? Paul Krauss: Yes. , ' 42 ' 1 City Council Meeting - April 27, 1992 Councilwoman Dimler: Do ou find it's d that �t s in accordance with everything that we're trying to do? II = Paul Krauss: Councilwoman Dialer, yes we did. In fact we thought it was one of the better mitigation plans we've seen to date. II Mayor Chmiel: Paul, one other thing that I had flagged here too. The City of Shorewood is going to review the proposed subdivision. Have they done that and ' have they commented? Paul Krauss: I'm honestly not sure Mr. Mayor. To the best of ay knowledge we did send a copy to them for review. I haven't heard from Jo Ann that we had any ' response. We've also been contacted by the city relative to the street improvements. Charles has been in contact with them. ' Mayor Chmiel: I guess the only other thing that we have to come to and reach a conclusion. Maybe you can, somebody can correct me on this. If I remembered right, we discussed this at the time back when we did put the barricade and the discussion at that time was when and if this specific property were to be platted for residential development, that that barricade would then at that time come down. Does anybody recall that? Councilwoman Dialer: My memory's not that good. We'd have to look at the Minutes. ' Mayor Chmiel: I think I'd like to see if we could pull that out at that time but I'm sure that was some of our anguish at that particular time and making sure that that protection was there for the Natoli's and the other people there because of their concerns of the amount of traffic and speeds that entailed on that particular road. I should say cartway at that particular time because it was not a full street. Yes. Florence Natoli: ...when we were here. Florence Natoli. You should know me by I now. I think I'm going to run for office because I seem to me here almost as much as you guys are. Anyway, when we were at the Planning Commission, Paul Krauss didn't give us a real good answer on whether we, that's the three of us on Teton are going to be charged for the sewer and stuff put in on the other side of the road. Inasmuch as we all have sewer and water, we don't see why we would have to pay assessments but Paul wasn't too sure. • Paul Krauss: Mrs. Natoli raised the question and I had the opportunity in fact this afternoon to bounce that off of Bill Engelhardt who's the consulting ' engineer on that and Charles, correct se if I'm wrong but the answer was no. You're not going to be charged. That you've already paid for your sewer and water. The only assessments that are possible were related to the street and that has yet to be determined. ' Florence Natoli: Okay. Then just one little thing. This is all this junk I've had around for years and I got it out yesterday and it said, we estimate that approximately 21 new homes in the Curry Farms development would tend to use Teton Lane for ingress and egress. Using standard traffic guideline of 10 trips per day per household, the households will generate 200 and trips per day. This includes service vehicles and the like. Not necessarily just the vehicles owned ' 43 City Council Meeting - April 27, 1992 by each household. And this is the part that you were talking about. If the Donovan property was subdivided at a future date, several of the larger lots in this area, divided the number of trips per day could more than double. So that would not be solved. We'd still have then 420. So that's the thing. And inasmuch as they were saying that their outlet to Teton is closer to the other road, it seems like there's no need for them to go all through the Curry Farms ' but another thing in all this. It was agreed by Centex to put up a break away and they have never put up the break away. We have had 3 or 4 or 5 pilings and so I don't know if you can get back at Centex but it would seem to me they were supposed to put a break away and that's what should be there. Then there wouldn't be that problem because everybody's hollering about the looks of this blockade. So if you put that in something like the ones that are over there in Shorewood around the lake, Christmas Lake. They've got them there so. Mayor Chmiel: The reason why I'm thinking it does look like the Berlin Wall, as you say. Florence Natoli: Yeah, it looks bad and we don't like it anymore than anybody else but it was supposed to be a break away and that's not our problem. We haven't approved of this. That's what was put up and someone at the same time, that same meeting made a statement about those two great big cement. I found out in here they're called 3- something or other, cement. They're still there and they don't need to be there either. Except that when they first put just the blockade, people would try to go around either on our side or on Donovan's side so they bought those cement J- blockades in there so it is a mess. I'll admit that. Okay, that's all. Thank you. • Mayor Chmiel: Any other discussion? Donna Pickerd: My name is Donna Pickerd and I live on Lilac Lane and Teton Lane. I guess my main concern would be what Frank brought up, and Florence. What the cost would be to the people already living in the neighborhood to street improvement and the addition of new utilities. I guess I'm really worried that in trying to decide the right -of -way for Lilac Lane, which might be • really tricky, we sight lose quite a bit of our land. Were right on the corner there and I don't know how you're going to resolve this with Shorewood. I think it's going to be real tricky because I think the residents on the Shorewood side are going to say well, why should we have to give us the right -of -way if it's a development that's happening in Chasnhassen. And then we're going to be dealing • with an issue where we'll be losing trees off of our lot. We have trees that go real close up to Lilac. So you know, this is obviously not this particular issue. This should be discussed at the public hearing and when they start doing the feasibility study on the street upgrade but I want to make sure that condition 8 that he was talking about, it makes sense to take the barricade issue out of there. That doesn't make sense. But I think that in order to approve this plat, I think you have to keep the stipulation that that feasibility study needs to be studied first because to me I think there might be some costs that should be incurred by the development or by the people who are going to benefit directly from making the road wider. Which is not us but people who live up in Curry Farms and people who are going to live in this new Hilloway development. So I would keep, I don't know. I forgot what you were calling it. Whatever it is. One of the things that they had to, one of the requirements that they had to do. I would keep it the way it's worded now. I'm II 44 City Council Meeting - April 27, 1992 trying to think if there was g e w s anything else. Also, I think read somewhere that they were talking about only having to improve Lilac Lane from Teton Lane down II 1 to Powers Blvd. but if they're talking about dumping sewer from Lots 1 thru 5 into Lilac Lane, you're going to have to pull up the whole street anyway so • Shorewood's going to want to do the whole street anyway. So that was something II that I was just kind of working through in ay mind. But anyway, thank you. Mayor Chmiel: Thank you. Florence Natoli: Mr. Mayor? Mayor Chmiel: Yes. Florence Natoli: Shorewood does not know anything about this. I called them... They didn't know there was anything going on with Lilac lane. At least that's ' what I was told. Charles Folch: Mr. Mayor, members of the Council. Al Larsen, a representative of Engelhardt and Associates and myself set with Mr. Herms, the City Adminstrator, their Public Works Director and also their Planning Director last Thursday to go over the elements of this proposed project and discuss some of the specific elements and also potential cost sharing of the improvements between Shorewood and Chanhassen. So at least the department management level there is aware of this potential project. ' Mayor Chmiel: Thank you. Is there anyone else? Councilman Workman: Do we need to make a decision on the barricade tonight? Mayor Chmiel: No. Basically all you're doing is looking at a preliminary plat to subdivide those 9 acres. To also look at the wetland alteration permit to alter a Class a wetland as well. Councilman Workman: We've already done the feasibility study and we know what it's going to cost everybody down there, don't we? Mayor Chmiel: This is what will be done now. Councilman Workman: I'd be curious. Charles Folch: Mr. Mayor, members of the Council. A feasibility study looking at three options for improving Teton Lane was looked at back in late 1988 into 1989. Whet you have done recently is authorize an update to be prepared to that feasibility study to re- evaluate the needed improvements and associated costs so it was prepared once at one other time. ' Councilman workman: It's not being prepared again? Charles Folch: It's currently being worked on and our schedule is to bring that ' back to you for receipt on the next Council meeting which would be in May and call a public hearing for the first meeting in June. ' 45 City Council Meeting - April 27, 1992 Mayor Chmiel: Basically with the, from when they did it to now. I'm sure there's going to be some cost differences and that's why they're redoing it. If we can get it done for that price, it'd be fine but I don't think it's going to 11. happen. Okay, any other discussion? Seeing none, did someone raise their hand .there? Councilman Workman: I'd move approval of preliminary plat to subdivide 9 acres into 17 single family lots, Ithilien and Wetland Alteration Permit to alter a Class B wetland. Councilman Mason: I'll second that with the comment that I too was, I thought what they're doing with the wetlands is really good. Nice to see that. It definitely will be a nicer looking spot. Mayor Chmiel: Okay, any other discussion? Councilman Workman coved, Councilman Mason seconded to approve Preliminary Plat 992 -4 as shown on the plans dated March 14, 1992 and Wetland Alteration Permit 992 -2 as shown on the plans submitted by Barr Engineering dated March 9, 1992 subject to the following conditions: 1. The following easements shall be added to the plat: a. A 20 foot drainage and utility easement along the common lot line of Lots 2 and 3. b. A 20 foot drainage and utility easement along the common lot line of Lots 14 and 15. c. A 20 foot drainage and utility easement along the common lot line of 1 Lots 15 and 16 to provide vehicle access to manhole. d. A drainage easement along the rear lot line of Lot 14. e. A 20 foot utility easeaent along the rear lot lines of Lots 14 thru 17 and the side lot line of Lot 13 for sanitary sewer. ' f. A drainage easement for the wetland pond for the boundary at the 1004' contour. g. A conservation easement for the wetland over the 1001' contour. h. The existing drainage easement over the wetland oust be vacated. ' 2. A 12 inch RCP storm sewer with a 4 inch orifice plate shall be constructed as the outlet structure for the wetland pond. The wetland pond bottom shall be lined with clay and top dressed with 4 to 6 inches of topsoil. 3. Storm drainage contributing area map, storm sewer pipe calculations and an erosion control plan shall be submitted with the final plat. Slopes shall not exceed 3:1. ') 46 City Council Meeting - April 27, 1992 II 4. The internal watermain system shall be installed within the proposed new street right -of -way and shall be looped to Lilac Lane or to Ashton Court. II I 5. An additional sanitary sewer manhole shall be located along the common lot line of Lots 15 and 16 and vehicle access shall be provided from the new II i street along the common property line of Lots IS and 16. 6. A 60 foot wide street right -of -way shall be rovided for the new street Lreet proposed within the subdivision. 17 feet of right -of -way shall be granted II along the east plat line to provide a 50 foot wide road right -of -way for Teton Lane as consistent with right -of -way dedications along Teton Lane north and south of this area. 1 7. Lots 1 thru 5 shall take driveway access from the proposed new street. II 8. Final plat approval shall not be granted until the findings of the feasibility study update for improvements to Teton lane are known, a public hearing is held and the improvement project is formally ordered. 1 9. The developer shall enter into a development contract with the City and provide the necessary securities associated with the development. II 10. The preliminary plat should be adjusted to provide the required 90 foot frontage at the 30 foot setback for Lots 4 and 6, Block i. Lot 10 be adjusted to provide a more suitable building pad area. II r 11. Park and trail fees shall be paid in lieu of land dedication. 12. The applicant shall retain a qualified soils engineer to evaluate the II sub- surface soil conditions on the proposed subdivision and recommend corrections at proposed house pads, if necessary. 13. The location of proposed house pads, the type of dwelling and the lowest t floor and garage floor elevations should be indicated on the grading plan. Dwelling type designations should be: R Rambler 1 TU Tuck Under WO Walk Out SE Split Entry SEWO Split Entry Walk Out I 14. The wetland e land alteration shall be completed exactly as proposed in the Barr I Engineering memo dated March 9, 1992 including the two pond system, interspersed with open water and submergent plant species, and landscaping of a mixture of emergent plant species and wetland shrubs. I 15. Disposal of dredged material is prohibited within the wetland area. 16. The applicant shall notify staff within 48 hours prior to commencing the II alteration to the wetland and shall again notify staff within 48 hours after completion of the wetland alteration for staff review and approval. II 47 II -� -- - City Council Meeting - April 27, 1992 1 17. The letter of credit, as part of the development contract, shall include financial sureties to guarantee proper mitigation of the wetland, including landscaping and as -built plans. \ voted in favor and the motion carried unanimously. ' APPEAL DECISION OF THE BOARD OF ADJUSTMENTS AND APPEALS FOR AN 11 FOOT REAR YARD la ,3 VARIANCE REQUEST. 1840 PHEASANT DRIVE. DAVID SCHISSEL. ` to- Sharmin Al -Jaff: This is an after the fact variance. The applicant built a �! deck that has dimensions of 24 x 14 feet. It requires an 11 foot rear yard setback variance. The Zoning Ordinance requires all decks to maintain a distance of 25 feet from the rear property line. The subject deck is set back 14 feet from the rear property line. We surveyed the area within 5O0 feet. All the structures meet the required setbacks. We deterained that the difficulty is self created. Had the applicant followed procedure and applied for a building permit before building the deck, we would have pointed out where the buildable area is. We believe that there are other alternatives for the deck to be built and maintain the required setbacks. On April 13 the Board of Adjustments and Appeals denied this application due to the fact that approval would set a precedent, staff is recommending denial of this proposal. Thank you. Mayor Chmiel: Thank you. Is the applicant here? David Schissel: Good evening Mayor. Council. I'm David Schissel and I thought it would be advantagous if I showed up tonight. I do strongly disagree that it was a self created hardship. I'd like to talk a little bit about the fact that yes, I didn't get a permit. I didn't think I needed one. The house was fairly new. I intended to build a deck when the house was built and funds were an issue so I delayed that. As far as, I didn't hide anything when I was building the deck. They were building a house right across the street. So given that fact, when Steve tagged my door. Said I checked on file down at City Hall. You didn't pull a permit. I called his the next day. Said I didn't think I needed one. He said you do. Once you close on your home, that's it. You have to apply for a new permit. So that's when I came down to City Hall and applied for a permit. That's when Sharmin got involved and notified me that I've got a slight problem here and I guess that's what I'd like to talk about tonight. I think given the fact that the permit thing, that's said and done. You know I apologize and I think it was an honest mistake. Now I just want to see what I • can do to keep the deck, given the fact that I think it isnt' a self created hardship that given the topography of the lot. I don't have a front yard for use. We have a 6 year old. I don't have a back yard for use. Mayor, did you happen to go out and look at it? Mayor Chmiel: Yes I did. Those are your evergreens on the far side? David Schissel: Yeah. when we built we cut down 3 evergreens just like that and I'm not going to cut down those trees and I don't anybody wants se to do that. I'd like to talk about the dimensions of the deck. It is out 14 feet from that door. I'm 11 feet into the 25 foot setback. I'a 14 feet from the rear property line. 14 and 14 is 28. If I follow, no aatter what we cut back, if I was to follow that 25 foot variance on this piece of property, I'd have a 3 foot deck. And to go around the side of that house, right now currently those 48 '