2.5 Grading Permit, 6691 Horseshoe Curve, Chan Bank I a ,CITY o --
0
1 CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937-1900 • FAX (612) 937-5739
IMEMORANDUM
Don Ashworth, City Manager
ITO:
FROM: Kate Aanenson, Planner II Ottlf.
<.a
IDATE: October 31, 1991
SUBJ: Grading Permit for Lots 1, 2, and 3, Block 1, Stevens
IAddition
BACKGROUND
IMr. Kevin McShane, representing The Chanhassen Bank, is requesting
a grading permit for Lots 1, 2, and 3, Block 1, Stevens Addition,
I 6691 Horseshoe Curve. This house was issued a building permit in
1987 . The house has never been occupied. The bank acquired title
to the property at a Sheriff's Sale on December 14, 1990. As
I stated in the letter from the Chanhassen Bank, they had the right
to actively market the property at the end of the redemption period
. on June 17, 1991.
I A series of retaining walls were constructed to the rear of the
home. They are inadequate and are failing. The lowest wall is in
danger of hitting the house. The site also has a drainage problem.
I The bank requested a grading permit from the city to regrade the
lot and eliminate the retaining walls behind the home.
I The City's Excavating, Mining, Filling and Grading Ordinance
requires that any work exceeding 1000 cubic yards of material must
be approved by the City Council. Staff has determined that the
amount of fill to be removed will require 500 truckloads.
IThe Watershed District has stated that no grading work shall take
place at the end of construction season, which is November 15,
I 1991. The next City Council meeting is November 18, therefore,
staff felt that this item needed to be addressed by the Council at
this meeting.
IANALYSIS
Due to the amount of fill being removed from the site, staff is
Ireluctant to approve the grading plan because of the time of year
n
Itil PRINTED ON RECYCLED PAPER
I
Mr. Don Ashworth
October 31, 1991
Page 2
and the concern with erosion control. This area drains directly
into Lotus Lake, and if the slope was to fail, materials would end
' up in the lake.
Staff has determined that City Council approval is required and
' have stated that we have numerous concerns with the proposed
grading plan. The application as submitted is incomplete and
still needs the following items as outlined in the ordinance:
1. Name of property owners within 500 feet.
2 . Description and quality of material to be excavated.
' 3 . The estimated time required to complete the operation.
4 . Travel routes to and from the site, and the number and
type of trucks that will be used.
5. A statement identifying the applicant's program to ensure
' compliance with permit conditions, methods of response to
complaints and resolving conflicts that may arise as a
result of complaints.
6. Watershed District approval.
7 . Cost estimate for the work to be completed to determine
the amount of letter of credit.
Noting the incomplete application, staff has the following
' concerns:
1. The six trees on the site will have to be removed.
' 2 . The amount of fill requires a significant amount of truck
travel to be on these residential streets.
' 3 . The applicants have asked to put top soil on the lot
across the street owned by the Olsons's. Staff has
concerns with this because trees would have to be removed
' on this lot. In addition, there is no storm water system
in this area. If the city does develop a storm water
system in this area, the property may be needed for a
' retention pond.
4 . The applicant has submitted an incomplete application
including the fee.
' 5. Property owners within 500 feet have not been notified.
6. The house was never given a final certificate of
I
Mr. Don Ashworth
October 31, 1991
Page 3
occupancy. The three season porch, which is in danger of I
being struck by the retaining wall, was never on the
original site plan and does not meet the setbacks of the
zone.
SUMMARY
A flurry of meetings have occurred in the last two to three days to
seek potential agreement which staff believes will be acceptable to
the Council, neighborhood, applicant, and regulatory agencies.
Unfortunately, I do not see an easy solution emerging in the midst
of a lose/lose situation. Staff has significant concerns over the
thought of 500 truckloads of dirt moving through a residential area
without notification of those owners. Even if the haul is short,
an impact still exists. Assuming that the list of owners could be
received within one or two days, notices prepared and sent, most
owners would not receive their notice before November 12 (November
11 being a holiday) . With the work needing to be completed prior
to November 15, no effective means exist to obtain neighborhood
input. As noted above, the application is incomplete and,
accordingly, questions still exist as to the number of trees which
may or may not to be removed. No knowledge is known as to trees
which may be lost on the disposal site as that has not yet been
identified. Hopefully, a white knight will appear on the horizon
and staff can present a solution Monday evening which avoids a very
serious problem for the applicant, while not creating a disaster
for the city, neighborhood, or Lotus Lake. Unfortunately, our
"white knight" may have better been spelled "white night"--an
additional complicating factor.
1
1
(EASY P LACE)
Carm' EN
BANK
I
' October 31, 1991
1
City of Chanhassen
City Council Members
690 Coulter Drive
Chanhassen, MN 55317
Dear City Council Members:
' State Bank of Chanhassen acquired three parcels of land, legally described as Lots 1,
2, and 3, Block 1, Stevens Addition, by virtue of a foreclosure action. The Bank
acquired title to the property at the Sheriff's Sale on December 14, 1990. The right to
actively market the property was acquired at the end of the redemption period on June
' 17, 1991. It is the intent of the Bank to sell these parcels.
A spec home was constructed on Lot 1 during 1986 and 1987 by the previous owner.
The home has never been sold or lived in. A series of retaining walls were constructed
on the site that are inadequate and failing. The current condition of the rear walls
' makes the situation dangerous. The lower rear wall is leaning towards the structure and
it is currently one inch away. A drainage problem also exists on this property. These
conditions have seriously depressed the value of the property.
The Bank is interested in correcting these hazardous situations. We are hereby
submitting our plan to excavate the site to correct numerous problems. The current
drainage problem is addressed in the plan that was developed by Richard Sathre of
Sathre - Berquist, Inc. Wayzata, Minnesota. The Bank has hired Mr. Sathre as a
consulting engineer on this project. The back yard will be sloped from west to east to
' allow proper drainage.
' Mr. Sathre considered several alternatives. The current topography and the placement
of the house on Lot 1 limits our options. The plan presented here is considered the
best alternative. It calls for excavating Lots 1, 2 and 3 to create a 3 foot horizontal for
1 foot vertical slope. Retaining walls are required on the west side of the house because
of the proximity to the lot line. A new retaining wall will also be required in the front
of the house to correct the driveway problem and help ensure the stability of the front
slope.
I 600 West 78th Street E Chanhassen, MN 55317■ (612) 937-BANK
I
City of Chanhassen
City Council Members
Page 2
The attached excavation plan includes a key to indicate:
1. Location of proposed retaining walls
2. Location of trees to be removed
3. Location of silt fence
The Bank feels strongly that the request should be granted as presented to correct the
various problems noted above. We feel that the 3 to 1 slope will give the site a more
natural look which is more in keeping with the neighborhood.
The Bank intends to contract the work out to a reputable excavator. The potential sites
to haul the dirt include:
1. A Minnetonka location (per Ron Lahti)
2. The lot owned by Sandy Olson that is bounded by Horseshoe Curve,
Pleasant View Drive and Park Place (across the street from Lot 1)
3. The land owned by the Bank and Mithun Enterprises, Inc., just west of the
old bank building and south of City Hall (approximately 3 miles)
The routes utilized would include Pleasant View Drive, Highway 101 and West 78th
g y
Street.
Bank understands from City Staff that one of the conditions of the building permit
The a ty g p
issued on May 6, 1986 was that the small residential home located on Lot 3 was to have
been removed. Our proposal includes removing that structure and a small storage shed
on Lot 2.
The Bank sold the property known as Lot 2, Block 1, Stevens Addition on Friday, I
October 25, 1991. A condition of the sale allows for the removal of the shed and a
license to conduct the necessary excavating.
Your expedient action on this request would be appreciated.
Sincerely,
Kevin P. McShane
President & CEO
KPM/jln
1
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