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2. 6724 Lotus Trail Public Hearing & Plat IICr QTY 0 F PL DATE: June 5, 1991 \ i; HAIIAEN CC DATE: June 24, 1991 II \�I r CASE #: 91-4 SUB, 86-2 VAC �� 91-6 VAR By: Al-Jaff/v II I STAFF REPORT I PROPOSAL: 1) Lot Combination Replat of Three Substandard Lots into Two Single Family Lots with Lot Areas of 13,550 and 11,326 Square Feet I inns 2) Vacation of Willow Road IZ 3) A 1,450 Square Foot Lot Area Variance to Construct Q a Single Family Residence V LOCATION: Lots 1164-1179, Carver Beach. Willow Road is located south of these parcels. Ikla, a", W7'---- APPLICANT: Roger and Darlene Byrne Wilt-._.___`_' I < 6724 Lotus Trail `'---____ .5-__. Chanhassen, MN 55317 L '�---�_-1`j-51 1 . . IPRESENT ZONING: RSF, Residential Single Family ACREAGE: Approximately 25, 300 square feet IDENSITY: ADJACENT ZONING AND I LAND USE: N - RSF; single family & Tamarac Road which is a paper street S - Willow Road - paper street E - Lotus Trail and Lotus Lake Q W - RSF; single family II0 , WATER AND SEWER: Available to the site. W PHYSICAL .CHARACTER. : The site is heavily wooded with extremely • steep slopes. A single family residence is located on the northeast portion of the site. II2000 LAND USE PLAN: Low Density Residential II 4 I 0 G O O O O Q O 0 cj 2 C O CHP/STM.1S / ' i HENNEPIN ' COUNTY - . - wcLE i LAKE • . 7 • •• - Ilk 11j �11n j-AS'A i11C.i . A bab 'IUIIL 1 *ES T I - ..i1 :: :li , '?? ' N. Nip: fr, rye:! jos /_ ! I j STA: C A/• •4—Z - 1600 �I I�'`-1I AST L E RIDGE• p7/1--l' 5AN ��i At - �t�/� t;a��l:d ' • ,� �! Cot1RT qllir- f'''' !' 'V tiE ;l CIA ‘ ' OS . .- lila '.;-- -: .:„`"*.---:1 ----t\-'4 5116 roam A he, r, ' phi , z.1 .._ am i , wog, • 1 I c,--Fc,'' ririlso" lib ' . lb 0.k- e, -1 e = :Doom ...MP ........,li, RS Milli,. ��irY t CARVE N �°` 1 ♦ \ 12 '•ir E T kN • ,.� ; 1./ i '`y � BE Ch V�( iQX',C e A� �t �tea �% vat , }: *Ma_ •, l [ �'�r \ F t VIOLET f �, _I ---- - L ROAD 1 3` LOTUS.- ,,,, :i 'Y 4.a -' tt -'-- v: ' LAKE ,,( . -.�`,-�,--,1';, r o \ PARK y- {�) • — iptip IL \::-$44;- ' V/ CITE '1 \ * •-� ,� _�-`� t� �� LOTUS - in so miliP . (At4,A4 g17-111 V,.‘, - -t- -\\ ....._„_ \' .0iS Li_ . ..li - 4 . ,Or) C / z 7, - ''^ • \ t m 1/1111 V�H''. . • I ' ! L.1 . • A` AM 1l , �),- . ,� , 7400 I . 65,-- ,- . - - 4. '', 4& ji,lii,E__.11411 R _ ._ 1,1"gurnows. ..( ....„ ,, ....,...„ .1. . _ 4au . . , , . A , . - , ._.,... pOr* —— ,_ _ R 1 i d © f 5e ---/‘/.1 a ' aOj�2 . al .f : ? 48 �� PpR a. Byrne Subdivision I June 5, 1991 Page 2 BACKGROUND The Carver Beach subdivision came into existence in 1927. It predates the zoning ordinance. The majority of the lots have an average width of 20 feet and an average length of 100 feet. PROPOSAL/SUMMARY ' The applicant owns three contiguous parcels that are substandard in area. The first parcel containing Lots 1164 - 1168 has an area of 9,200 square feet. The second parcel containing Lots 1169 - 1175 has a lot area of 9,000 square feet. The third parcel which has an existing residence and contains Lots 1170 - 1174 has an area of 7, 100 square feet. The applicant is proposing to recombine Lots 1164 - 1169 and Lots 1178-1179 with the first parcel as well as requesting the vacation of Willow Road and adding the vacated area to that parcel. This parcel will be a neck lot and will have an area of 13,550 square feet and will be referred to as Parcel A. Lots 1175 - 1177 are proposed to be combined with Lots 1170 - 1174. This parcel contains the existing residence and will have an area of 11, 326 square feet. This parcel will be referred to as Parcel B. , The applicant is also requesting the vacation of Willow Road. Willow Road is a paper street and not maintained by the City. Steep grades on Willow Road have made it impossible for the city to develop this street. City staff would be in favor of vacating the street with the understanding that a 20 foot wide drainage and utility easement would be reserved in favor of the city. The 20 foot easement would be centered on Willow Road. The City Council reviewed and approved the vacation of Willow Road in 1986. However, a condition of approval was that all property owners along the street sign off on the request. This was never accomplished and the vacation was never filed. Under the current request, all lots along the street, except 3 parcels currently in tax forfeit status, are controlled by the applicant and an adjoining property owner who supports the requested vacation. The request is fairly simple although it is complicated by the issues that often occur in Carver Beach which boil down to non- standard lot dimensions and setbacks. Two variances for lot area will result and the existing home, to be located on Parcel B, has an existing 23 .5 foot front setback variance but this will not be I/ exacerbated or relieved by this proposal. Staff has found the variance requests to be reasonable. Based upon , our review, there is a neighborhood standard of 11, 100 square foot lots in this area. Both Parcel A with 13,550 square feet and Parcel B with 11,326 square feet exceed this standard. Thus, no 11 I Byrne Subdivision June 5, 1991 Page 3 new precedents would be set by this request. We also note that the proposal will combine 3 substandard lots into two lots that are more consistent with area standards. Lastly, we note that the applicant may be in a position to acquire 3 additional lots which are located adjacent to Parcel A that will eliminate that parcel's lot area variance entirely. These lots are currently tax forfeit and Carver County anticipates auctioning them off within 10 months. Public utilities are available at the site. Grades are steep but 11 a new home on Parcel A can be accommodated subject to provision of a satisfactory grading and tree preservation plan at the time building permits are request. Access to Parcel A will be over a driveway constructed in the vacated Willow Road right-of-way. Staff is recommending that the driveway be combined with an existing gravel driveway already located within the `r'ight-of-way that serves an adjacent home to the south. The short common section of the driveway should be paved to - a width of 20 feet according to a plan approved by the City Engineer. Staff is recommending that the requests be approved subject to appropriate conditions. Access Parcel A will be made available for new construction. If the vacation of Willow Road is approved as recommended, this parcel will have a 60 foot street frontage on Lotus Trail and will be accessed by a private driveway. Section 20-615 requires flag lots ' accessed by private driveways to have 100 foot width measured at the front building setback line. Section 18-57 (o) permits up to 4 lots to be served by a private driveway if the city finds the following conditions to exist: 1. The prevailing development pattern makes it infeasible or inappropriate to construct a public street. Based upon a review of the surrounding area, staff has concluded that a street extension would not serve additional parcels and could result in extensive tree loss. 2. After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area and prove access or to provide street system consistent with the ' Comprehensive Plan. At the present time, only one residence will be utilizing the private driveway and then extension of the public street is not II I I Byrne Subdivision I June 5, 1991 Page 4 required to serve other parcels. After surveying the surroundin g - area, it is apparent that there will be no other residences utilizing this private driveway. However, there are 3 currently tax forfeit lots located west of Parcel A that will become landlocked by the vacation. The applicants have stated a desire to acquire these lots but have been told that Carver County will not 11 auction them until early next year. This 15 foot wide access easement over the vacated street will need to be maintained until . the Byrne's are able to gain possession at which time the easement can be vacated. 3. The use of a private driveway will permit enhanced protection of wetlands and mature trees. ' This site is heavily wooded. Should the applicant provide a street up to city standards, a large number of trees would have to be removed. As it stands right now, no additional trees will be removed. There is an existing gravel driveway in the right-of-way that 1 serves a home located to the south. Staff is concerned with the possibility of having two curb cuts on Lotus Trail located immediately adjacent to one another from a safety standpoint. Additionally, due to steep grades in the area, it is important that curb cuts be properly designed to maintain and direct drainage. Therefore, we are recommending that a common shared driveway be developed when the home on Parcel A is built. The short common section of the driveway should be paved to a width of 20 feet consistent with City Code. A driveway design indicating proper drainage provisions should be prepared for approval by the City Engineer. Streets/Vacation i Although the Planning Commission does not act on vacation requests, the Commission should be aware of the situation. On May 19, 1986, the City Council heard the application for the vacation of Willow Road. At that time, staff recommended the City Council table action on this vacation because the City Attorney had advised staff that although the vacant lots abutting Willow Road are undersized, the city cannot deny access to those lots. In order for the vacation to occur, abutting property owners would have to sign a waiver stating that they have no objection to the vacation (Attachment #4) . The vacation was approved subject to gaining written approval by all property owners. This was never accomplished and the vacation was not filed. Since then, the applicants have purchased all of the vacant lots abutting Willow Road except for the 3 lots located to the north of their property which have gone tax forfeit. , I I Byrne Subdivision June 5, 1991 Page 5 The city is in favor of such a request with the understanding that a drainage and utility easement on the existing right-of-way 20 ' feet in width be reserved. In addition, a 15 foot wide access easement must be maintained to serve the 3 lots located west of Parcel A. When/if these lots are acquired by the applicant and combined with Parcel A, this easement may be vacated. 11 Park Dedication/Tree Preservation The Park and Recreation Commission recommended that park dedication fees be required in lieu of parkland. A tree preservation plan should be prepared and approved by staff prior to issuance of a ' building permit. Utilities Municipal sanitary sewer and water service has been extended from Lotus Trail to the property line due to the topographic constraints on the parcel. Easements The city is requesting a 20 foot wide drainage and utility easement centered on the centerline of Willow Road. The applicant has failed to show the typical drainage and utility easements (10 foot front, 5 foot sides and rear) . Such shall be reflected on the ' final plat. A 15 foot wide access easement must be provided to serve the 3 lots located west of Parcel A. At such time as these lots are acquired by the applicant and merged with Parcel A, the city can vacate this easement. A common driveway must be provided to benefit Parcel A and the adjoining parcel to the south on Lotus Trail. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Home ' Area Width Depth Setback Ordinance 15,000 90' 125' 30' front/rear 10' sides Parcel A 13,550-V1 * 100' 125' N/A 11 Parcel B 11,326-V2 * 160' 85.51'* 6.5'front* 10' rear 17 ' N-side 100' S-side I 1 Byrne Subdivision June 5, 1991 Page 6 Variances Required a V1 - 1,450 square foot lot area variance - Parcel A V2 - 3, 674 square foot lot area variance - Parcel B • * - Existing variance A variance may be granted if all of the following criteria are met: , a. That the literal enforcement of this Chapter would cause undue hardship. "Undue hardship" means the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within five hundred (500) feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing from them meet this criteria. * Staff surveyed the area within 500 feet and found the average lot size to be 11,100 square feet. The hardship in the case of Parcel B is not self created. Carver Beach is one of the areas that predates the zoning ordinance. The applicant is trying to improve an existing situation by improving lot area. Parcel A meets the average standard within the surrounding 500 feet. As indicated earlier, if the applicant managed to purchase the adjacent 3 lots located to the west of Parcel A, a variance would be eliminated. b. That the conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. * The conditions are unique to the Carver Beach ' neighborhood. c. That the purpose of the variation is not based upon a desire , to increase the value or income potential of the parcel of land. * The purpose of the variation is to allow the property owner to enjoy and make better use of his property. d. That the alleged difficulty or hardship is not a self-created 11 hardship. * The difficulty or hardship is not self created. The hardship is a result of an old non-conforming I 11 Byrne Subdivision June 5, 1991 Page 7 Isubdivision. The applicant is trying to improve an existing situation. e. That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. ' * The granting of the variance will not be detrimental to . the public welfare or injurious to other land or ' improvements in the neighborhood in which the parcel of land is located. f. That the proposed variation will not impair an adequate supply ' of light and air to adjacent property or substantially increase the congestion of the public streets, or increases the danger of fire, or endanger the public safety or ' substantially diminish or impair property values within the neighborhood. * The proposed variation will not impair an adequate supply of light and air to adjacent property nor will it increase traffic. ' Staff must also point out the fact that the applicant could combine Lots 1169-1175 with Lots 1164-1168 which would eliminate the variance on Parcel B but would leave Lots 1170-1174 with an area of 7, 100 square feet. PLANNING COMMISSION UPDATE On June 5, 1991, the Planning Commission reviewed and unanimously approved the request. The only concern the Planning Commission had was the fact that staff was recommending the common section of the private driveway, which will be utilized by Parcel A and the residence to the south, be paved when the main street, which is Lotus Trail, is unpaved. The Commission recommended that the ' common section of the driveway and remaining section serving Parcel A shall not be paved until Lotus Trail is paved. Staff was directed to provide recommendations to the applicant on ways to minimize erosion without paving. 11 Since the meeting, Engineering staff was consulted on this issue. They stated that they have no other good solutions or ' recommendations to mitigate erosion other than paving the driveway. As such, they stand by their previous. recommendation. Based upon this recommendation, staff is continuing to recommend that the driveway be paved. While we acknowledge that the street is unpaved, we note that sediment eroding from the area goes directly into Lotus Lake where it is a contributing cause of water quality problems. We do, however, agree with the Byrne's comments that a I Byrne Subdivision June 5, 1991 Page 8 20 foot wide common driveway cannot be paved without loss of trees. Therefore, we are recommending that the width of the common section be established by the City Engineer to minimize grading and tree loss. RECOMMENDATION Staff recommends the City Council approve Subdivision Request #91-4 lot combination/replat with a 1,450 square foot lot area variance on Parcel A and 3, 674 square foot lot area variance on Parcel B, #91-6 Variance and #86-2 Vacation of Willow Road subject to the following conditions: 1. The applicant shall reflect all of the typical drainage and utility easements on Parcel A (Lots 1164-1169 and Lots 1178- 1179) and on Parcel B (Lots 1170-1177) . 2 . Park and trail dedication fees will be required in lieu of land dedication. Fees will be paid when a building permit is requested for Parcel A. , 3. The applicant shall supply grading and drainage and tree preservation plans along with the building permit for review and approval by the City Engineer. 4 . A structural engineer must design the foundation for the future home on Parcel A (Lots 1164-1169 and Lots 1178-1179) ' due to the nature of this lot. Soils information must be provided. 5. A common curb cut shall be utilized to serve Parcel A and the , home located to the south that is currently served by a gravel driveway located in the right-of-way. When a home is built on Parcel A, the common section of the driveway shall be paved to a width determined by the City Engineer to minimize tree loss and grading and remaining sections serving Parcel A paved to minimize erosion and maintain drainage. Driveway plans, incorporating appropriate drainage provisions, shall be prepared for approval by the City Engineer. 6. Provide the following easements: a. Standard drainage and utility easements. b. A 20 foot wide drainage and utility easement in the former Willow Road right-of-way. c. A common driveway easement in favor of Parcel A and adjoining lot to the south over common sections of the driveway. , I I 11 Byrne Subdivision June 5, 1991 Page 9 rd. A 15 foot temporary access easement over former right-of- way to serve 3 lots located west of Parcel A. Easement may be vacated if lots are acquired by the applicant and conuoined with Parcel A. ' ATTACHMENTS 1. Plan showing Lots 1.164-1169 and Lots 1178-1179, Carver Beach - ' Parcel A. 2 . Plan showing Lots 1170-1177, Carver Beach - Parcel B. 3. Location of the 3 tax forfeit lots in relation to Parcel A. 4 . Staff report and City Council minutes dated May 19, 1986. ' 5. Memo from Dave Hempel dated May 24, 1991. 6. Memo from Steve Kirchman dated April 11, 1991. 7 . Planning Commission minutes dated June 5, 1991. • 1 1 I r I 1 941-3031 Eden Prairie, MN 55344 1 qtr of ira t of :Ilurtozv r Survey For P ..)J e t_ By me . _ Book 391 Page 56 File . . Il LI 1 I N so* 1=34' _ f.d . ' 1 s° :.r.-- _' - - • I17.a ti..,.., - s '� 45, 46 13.95 \aLso 21.25 all ' 20.0 20-� - - -- 77.6 =- — 7: a i fry's ! , h t j 1 t 1 '. D ; t r 1;1 o 0 0 icr / I 1 � \ : ' o S B. o 1, d4 r. o - - I f t� h.L in ' Set.. 1 o -. 67.Z8 ' - ,, ; o co a ; Cl 1 I()Z\ 1 I 65 \ lb/ bi \'' 'CI \1 C)F5 1 1 '31 a 1 )18 0 1 66.59 r cn o n , atit•q i.i Ic9 117d1 ro°.tr 20J 11 1 '20.0 0 ` - - - - - __ O izz, x . . 1 63,0 =,P 5ei•z.P ICI ?3 -i. AZ).Jr- f 588'31:201'� E fiat? s O J _ .._ - wT - o i No IT o PEN o 1 o N , N ____-. 4t _� rd.1✓, otn . � � fa Concfett 4hon. I . ( I hereby certify that this is a true and correct representation of a survey of the boundaries of Lois 116i-1169)1118,1179 r :�r\I t( utaGT1 I `Ca e y e - County.Minn.oa and of the tar-at-on on of all buildings thereon,and all visbb encroachments, f any,from or on said land. Sureveyed by me this 11 c*" (,�, l—a 1Y) -CA!11 I Rev. q-.Z 0.90 I 1 941-3031 Eden Prairie, MN 55344 ittr of ira uu of *uri)tjj Survey For Pi Jp r Q v r _ Book 341 Page 56 File r • 1 __.-..er_• _ F4 Concrete ft art fence Ihnt - • • — ei. 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I • ' — :.. ...--,--!...- -..„....--- ■-..1 { • ' -- -- • i'• . .... 4c. 4 ,:-... . ...1-- .....--... ,.....4.... • .-: EAGL_E DR ---1\-- •,--- ., "Sc_,...- :•-.-' ,'-gt . Av.1 t...1--- ' r 4,-- ---- 1) ---; •••..ir: .....-..r...-;-- ...... 'I. ; ' '-L .2- 4"‹.:;1: - ,. •-.. „, ,. . .. 1 4--r--!---4,-, , , \Fr___•-• 0.., -- ...., . , , - ' . ... 1 • L.•,.._— '‘„---% ., ' — . - il L-HTY OF , ATE; C.C. DATE: May 19, 1986 � I f � G C HNHS SEN CASE NO: 86-2 Vacation IIPrepared by: Dacy/v li STAFF REPORT ii . PROPOSAL: To vacate the Willow Road right-of-way I Z Q _V LOCATION: Carver Beach I n ' a. APPLICANT: Mr. and Mrs. Brett Discher Q 6728 Lotus Trail • Chanhassen, MN 55317 I . IIPRESENT ZONING: R-1, Single Family Residential IACREAGE: DENSITY: IADJACENT ZONING AND LAND USE: N- Vacant parcels and one existing residence IIS- R-1; one single family residence der E- Lotus Lake IQ ' W- Intersection of Hopi Drive and Carver Beach Road IW WATER AND SEWER: No existing service within r/w PHYSICAL CHARAC.: Extreme slope from Carver Beach Road to Lotus Trail II1990 LAND USE PLAN: N/A P\k�mc._\1'(Yl e 1i- Willow Road Vacation May 19, 1986 Page 2 I REFERRAL AGENCY REVIEW I City Engineer Right-of-way does not contain city services. Topography prevents construction of an improved city street. Minnegasco No objection to vacation. , BACKGROUND } The applicant has requested the subject vacation in order to obtain additional ' lot area for construction of a garage. The applicant has also applied for a variance to the existing right-of-way line in case the vacation petition is not approved by the City Council . ' Willow Road has a 40 foot right-of-way and contains extremely steep slopes. ANALYSIS ' Willow Road serves three vacant lots and two existing single family residences' (which also abut Lotus Trail ). Although the terrain is extremely steep, Willow Road was intended to service abutting parcels. The City Attorney has advised staff that although the vacant lots may be undersized, the City cannot deny access to the properties. In order for the vacation to occur, abutting property owners would have to sign a "waiver" stating that they have no objection to the vacation. A private access easement would also be necessary to serve the parcels. As of writing this report, staff has not heard from affected property owners. , They may appear at the hearing. Staff cannot at this time recommend approval until all affected property owners consent to the vacation. RECOMMENDATION Staff recommends that the proposed vacation request be tabled for 30 days so that affected property owners can file their opinions to the matter. REPORT ATTACHMENTS 1. Letter from Mr. and Mrs. Brett Discher dated April 30, 1986. 2. Letter from Mr. and Mrs. Roger Byrne dated April 30, 1986. 3. Application. 4. Detailed location map. 1 I I I April 30, 1986 I Ms. Barbara Dacy ' City of Chanhassen Chanhassen, Minnesota 55317 Re: Application to Vacate Willow Road - Carver Beach Dear Ms. Dacy: We are planning substantial improvements to our hone which is located at 6728 Lotus Trail. We own Lots 1998 - 2007 in the Carver Beach tract. ' Adjacent to our lot line is a "paper road" that we would like to vacate. According to Chanhassen City Engineer Bill Monk, there are no utilities present at the road site." Mr. Monk does not oppose vacating this road, and has indicated that it would be next to impossible to build this road due to the slope and drainage factors. We are planning to build a garage on our property and must access the road from our existing driveway, which is where the road is drawn. Our neighbors also use this area to access their property. I have spoken with these neighbors, Mr. and Mrs. Byrne, and they would like to have the road vacated as well. Please process our application to vacate Willow Road, as you and I discussed on the telephone. Attached is our fee and application. Very truly yours, /) ! /, 1 I r , (�.0 '11 ' i' ;I. J.n/1: 1 Mr. and Mrs. Brett S. Discher • I 1 - I 77712/.ti'/ I/ I April 30, 1986 Ms. Barbara Dacy City of Chanhassen • Chanhassen, Minnesota 55317 Re: Vacating Willow Road - Carver Beach 1 Dear Ms. Dacy: , We would like to see the application to vacate Willow Road brought by Mr. and Mrs. Brett Discher be approved. We do not oppose vacating Willow Road. Very truly yours, i/rlfr e+—?-11 r1' (-7CC)'"f_ Mr. and Mrs. Roger Byrne • , 1 1 . 1 ;- 1 z- I MAY - 19g6. CITY OF CHANHASS I I LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 (612) 937-1900 APPLICANT: f0c ,:cftirs. 60i < D C Y1'i OWNER: lLi,va ADDRESS V71 L0 Mill;i l ADDRESS AD - 0l',i c. 317 TELEPHONE (Daytime) t� 1 Zip Code Zip Code y 3 1)� Y TELEPHONE t/74-030 / REQUEST: . Zoning District Change Planned Unit Development Zoning Appeal _ Sketch Plan _X Zoning Variance Preliminary Plan Final Plan Zoning Tex': Amendment Subdivision • Land Use Plan Amendment Platting Conditional Use Permit __ Metes and Bounds Site Plan Review X Street/ ..-r Vacation Wetlands Permit PROJECT NAME ' PRESENT LAND USE PLAN DESIGNATION REQUESTED LAND USE PLAN DESIGNATION PRESENT ZONING / / REQUESTED ZONING ' USES PROPOSED . sec/GI Ck i . ,!,, CC"ZCf'C ,a,n A 3 co/ GCUaG c- SIZE OF PROPERTY LOCATION ;X /c /(;“- aft)n7 - £? dye/ ell-71.Z17 17/;LlIL REASONS FOR THIS REQUEST 0 7 ;_f z . / 4- ; 1/7 ' ; nn 1 LEGAL DESCRIPTION (Attach legal if necessary) n ()k /VV - '(: 7 -Cf aZ/,' T City of `hann.. s ., Land Development Application Page 2 FILING INSTRUCTIONS : This application must be completed in full and be typewritten or clearly printed and must be accompanied by all in.formation and plans required by applicable City Ordinance provisions. Before filing this application , you should confer with the City Planner II to determine the specific ordinance and procedural requirements applicable to your application. FILING CERTIFICATION: The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances . • Signed By _._'?_fz' 2 4 oGt f Date , //j'to Applicant 11 • I The undersigned hereby certifies that the applicant has bee;l authorized to make this application for the property herein • described. -`t•' a�h i2 oft !C ' I Signed By `�' ' Date �;�J Fee Owner Date Application Received Application Fee Paid • ' City Receipt No. • * This Application will be considered by the Plan Board of Adjustments and Appeals at their Wing Commission/ meeting . • 1 ` _ 117-" . tzl 1 Zs 0 0 CI) N I "p ∎e 77 ie63 2 O - -- D '''. ellikm, �-w m X1® ®� elj'A -o GI R wo ie7 ° i1655� .. P m ■ j '� ' � I1i . ]ØIIIIF!_—r � lk r AS so -mo / ,0 G 4 mP 41111,r„. A w.......=.• 9 :\ 4,It 6 1 04 0 11001 ‘V; :: MI MN I My 01 0‘A e" 4/1 WW/Milit oc) 0%N m \ '• � • Z MO au itO. - • I ., w i . m H,K'K 00/, ' - 4'° o 1-ri ` �� ,, RIVE II ,- „I'), . ,s f ``� �� ,,, `` RAC . __,___._ . ___ ,_, il% i xi 6 - - - - 1 1\ / - It 0 I . fie. 1 /: 1 75 ,, 1 . � - 1 1 - . to/ WV• 1/ Chanhassen City Council Minutes-May 19, 1986 Mayor Hamilton moved, Councilwoman seconded to approve Item 2(d) on the Consent Agenda. All voted in favor and the motion carried. 2. d. Approve Carver Beach Estates Final Plat. PUBLIC HEARING , STREET VACATION REQUEST, WILLOW ROAD IN CARVER BEACH, BETSY DISCHER. Public Present I Betsy and Brett Discher 6728 Lotus Trail I Mayor Hamilton: Is there anyone from the public that would like to make a comment? Betsy Discher: Willow Road is currently a paper street that is plAtted in Carver Beach. There happens to be about a 90 degree slope there. It has I been indicated to me by various staff from the city that it would be next to impossible to build a street in that area. Our property abuts Willow Road and we have requested a variance to do some improvements on that. We would like to proceed with the vacation process. I understand that there are some lots whose only access is Willow Road and we would be willing to grant an easement across the property to accomplish that. I am sure that the city isn't interested in, first of all, making the road there, nor maintaining it because of the difficulty of the site. Mayor Hamilton: Is there anyone else here who would like to speak about I this item? Councilwoman Swenson moved to close public hearing, seconded by Councilman Horn. All voted in favor and motion carried. Mayor Hamilton: Do the council members have any comments? The Board of Adjustments and Appeals dealt with part of this issue, did they discuss the , road vacation? Councilman Geving: That really doesn't have a bearing on this issue here. I think we will pick that up at the appropriate time. This paper street, Willow Road, was platted a few years ago just to even out the plat and make some access to Lotus Trail, but it kind of reminds me of the Devil Slide area. If we were ever to build a road it would be the most difficult thing to do and to maintain forever, and I would be totaly against ever building Willow Road as a street for the city- and I think the. best thing we could possibly do is to vacate this road to the abutting property owners and give it up. Councilwoman Watson: The only problem is the three Y P property owners who have land that would have literally no access if they aren't granted some 7 1 IIChanhassen City Council cil Minutes-May 19, 1986 IIsort of easement over the land where Willow Road is now lanned. p They literally could never get to that property. I don't think any of those [- IIparcels are buildable. . Barbara Dacy: No, the lot sizes are substandard. However, the City I Attorney was very emphatic in his advice to me that they have to sign a waiver allowing the street vacation before the city can actually vacate the roadway. Otherwise, we are denying them access. That is the reason we are recommending a tabling for approximately thirty (30) days on the vacation' II request. The abutting property owners have been notified. They live out of town. They should have received the mailed notice, but Mr. Knutson has advised that they sign a waiver first before the city vacates the street. 1 Councilman Horn: Although I heard the recommendation from Staff to table this for the next thirty (30) days, I believe it would be in I order for us to approve this subject to the 30 day notice period and hopefully the approval of the other abutting property owners and if there was no objection it would come back to us on the consent agenda and we would just approve it at that time. Rather than dealing with this at that time, I would just as soon dispose of it. Mayor Hamilton: . If it were a condition and the approval came back 'ill I rom the people who owned the property and made their rights, then we would see it again. Councilwoman Swenson: I understand your Motion to say now that the II receipt of the filing of their opinions and comments be received of their approval of the affected property owners? IIMayor Hamilton: That is correct. RESOLUTION 86-28: 1 Councilman Geving moved and Mayor Hamilton seconded, to approve the street vacation request for Willow Road in Carver Beach with the condition that the abutting property owners give their written approval within thirty (30) days. A11 voted in favor and motion carried. II PUBLIC HEARING 11 PROPOSED STREET IMPROVEMENTS TO LAKE LUCY ROAD BETWEEN GALPIN AND POWERS BLVD. IIPublic Present: Rosemary Steller 1931 Crestview Circle ' II Elizabeth A. Glaccum 1510 Lake Lucy Road Joyce Slater Poppe 1950 Crestview Circle • Wayne Poppe 1950 Crestview Circle II Don Mezzenga 6731 Galpin Blvd. Al Krueger 1600 Lake Lucy Road Al Klingelhutz 8600 Great Plains Blvd. L.! II 8 CITYOF oti „. i 4 , C IIANHASSEN II 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 I MEMORANDUM I • TO: Sharmin Al-Jaff, Planner I FROM: David C. Hempel, Senior Engineering Technician 11 DATE: May 24, 1991 II SUBJ: Proposed Byrne Subdivision - LUR 91-7 Site Conditions 11 The site is heavily wooded with very steep slopes ranging.from 20% to 35%. The property is bordered by Lotus Trail to the east and II Willow Road (a paper street) to the south and residential properties to the north and east. The existing property lying south of Willow Road currently utilizes a portion of the city's II right-of-way (Willow Road) as their driveway. The driveway consists of gravel base with a steep grade (approximately 12% to 15% slope) . This type of terrain puts constraints on the type of II house design for this lot. The lot may be limited to a tuck under type design in order to provide a workable driveway slope out to Willow Road. I To mitigate erosion, it is recommended that a requirement be imposed that the new driveway be constructed of either concrete or asphalt and the appropriate culvert structures be placed to II maintain the existing drainage pattern along Willow Road and Lotus Lake. The exact culvert dimensions should be calculated by a professional engineer. i As previously mentioned, Willow Road currently provides access to the property south of the applicant's parcel. The city does not maintain Willow Road. Due to the topographic constraints, it is II difficult to imagine Willow Road being extended in the future. The applicant may formally request the city to vacate Willow Road. Staff would be in favor of such a request with the understanding II that a drainage and utility easement centered over the existing right-of-way, 20 feet in width, be rserved. This may allow the applicant to acquire additional square footage. If Willow Road was vacated, the additional property would allow enough room for two II driveways. However, in an effort to limit access points, the parcels should share the existing driveway. This would qualify the II 1 11 rMs. Sharmin Al-Jaff May 24, 1991 Page 2 driveway as a private driveway with two accesses which would trigger the private driveway ordinance and require construction of the driveway to 7 ton design and paved 20 feet in width. Utilities Municipal sanitary sewer and water service has been extended from Lotus Trail to the property line. Due to the topographic • constraints on the parcel, extending service to the house location will require additional tree loss. Recommended Conditions 1. The applicant shall submit grading and drainage plans with the building plans at the time of building permit application for review and approval by the City Engineer. 2 . The properties lying north and south of Willow Road shall utilize a common driveway. All new driveway construction 1 shall be hard surface, either asphalt or concrete, and the appropriate drainage culverts installed. 3 . The properties lying north and south of Willow Road shall share a common access point/driveway. The common driveway shall be upgraded to conform with the city's private driveway ordinance. 1 pc: Charles Folch, City Engineer 1 1 i 1 1 1 1 1 CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM 1 TO: Sharmin Al -Jaff , Planner I FROM : Steve A . Kirchman, Building Official D.TL : April 11 , 1991 St-13J : Planning Case: 91 -4 (Byrne) - ". 'site inspection on 4/11 /91 confirmed the lot is very steeply sloped . UBC Sec . 302 (b) permits the Building Official to require plans and specifications be prepared by an engineer or architect . Due to the nature of this lot , a structural engineer must design the foundation. A geotechnical engineer must also approve the soils . Structural calculations must be submitted I/ with plans at the time of permit application. 1 1 1 1 1 1 1 1 MR.( 7,1 1 1 ,:,77 UNITED STEEL r=FI_ 1UrTE 503 Ppl I I A. NORRIS BRh'IV1R I Professional Engineer 8341 178th Lant Forest Lar:e , Minnesota 55025 IIMay 29 , 19 91 Post-It' tra:id fax transmittal memo 7671 I«of page. ► #2. - - fit ►. _AM ro oieQ I S ,-• - Mr . and Mrs . Roger Byrn& chaff-itaSs N_ • • 6724' Lotus Drive Dept. none' IChanhassen , Minnesota 5: 317 F.:« ..s..7 `h,x# II Re : Lots 1164 thru 1169 , 1178 and 1179 Carver Beach Carver County City of Chanhassen IIDear Mr . and Mrs . Byrne , • II After the inspection of the abcve re4erer.ced lots that was*, made on May 12 , 1991 , I offer the following recommendations to be incorporated in yc•ur plans to build a single family IIresidence on the site . Because of the steepness of the hill and the adjoining property , do not locate any structure within 20 feet of the 11 lakeside of lot 1169 . If possible , preserve and protect any existing vegetation which now exists . 11 Make provisions in you/ Flans to divert any stormwater runoff away from the structure , especially r`n the uphill side. The clay soil and excessive grater can comline to create very high II lateral loads on the foundation w.,lls as well as increasing the incidence of a leaking ba,e:r:ent wall . Obtain professional help in the do si on of any ba�-igp"" ter of 1 sub. rade space . The co:nbination c.-f the steep hillsidf :end the clay soil will exert lateral cr horizontal forces on the basement walls which are much greater than would be expected II on a "normal " site . Th._ foundation walls will probably be heavily reinforced to resist these loads . In addition. a walkout type cf basenent may induce sliding of the whole structure xf the foundations are not designed to resist the sliding . To prevent erosion of the soil , keep as many trees as II possible any provide a complete vegetation cover or a landscape plan designed to eliminate- erosion . I/ If these cautions are noted and final plans mnel s. to incorporate solutions to the protlaxs outlined , it i :; my opinion that the site .can be dent loptrd into a hoaut i fu7 Mr . And Mrs . Byrne Page 2 1 setting for a homesite . I Sincerely Yours , a xeui A . No ris 8x'eivik Profer,sional Engineer Minnesota Registration No . 7320 1 I I I I I I/ I/ I 1 I 1 CHANHASSEN PLANNING COMMISSION II REGULAR MEETING JUNE 5, 1991 1 Chairman Emmings called the meeting to order at 7: 40 p .m . . MEMBERS PRESENT: Steve Emmings , Brian Batzli , Joan Ahrens , Ladd Conrad , Tim Erhart and Jeff Farmakes IIMEMBERS ABSENT: Annette Ellson ISTAFF PRESENT: Paul Krauss , Planning Director ; Jo Ann Olsen , Senior Planner ; and Sharmin Al-Jaff , Planner I • IPUBLIC HEARING: PRELIMINARY PLAT AND LOT AREA VARIANCE FOR PROPERTY LOCATED IN CARVER BEACH ZONED RSF , RESIDENTIAL SINGLE FAMILY AND LOCATED AT 6724 LOTUS TRAIL . ROGER IAND DARLENE BYRNE . Sharmin Al-Jaff presented the staff report on this item . The applicants 1 were present . Chairman mmings called the public hearing to order . Emmi.ngs: The applicants are here . Do you have anything you wish to add at this time? Any reaction to the conditions that have been imposed? Roger Byrne : Yeah . I 'm Roger Byrne . First I 'd like to say that your staff is great . They did a great job . I mean I was impressed for all the I work they do for what , it seemed like a pretty simple thing to me . In looking through it , most the stuff I agree with . A couple of things I don 't on the proposal there . The access road I guess is the main thing . There 's a driveway there now that 's used by the house next door , or on the other side of the paper road there and I don't know , it just says in there that they want it paved . I 've got a problem with the paving there I guess . Well first of all they want a 20 foot road and there's a fire hydrant there II and where the road is now on the easement , the driveway, the existing driveway , gravel driveway on the easement , between the fire hydrant and the hill , there 's only probably about 15 feet there . That 's the driveway now . ISo if we were to pave it to a 20 foot width , we 'd have to cut 4 or 5 feet back into the hill on one side and the other side it'd be right , it 'd have to be paved right up to the fire hydrant to get a 20 foot road . Or I driveway through there . And then as far as the paving goes , well it 's kind of steep . It 's kind of steep grade right off the road right there anyway and one of the reasons I was given they never paved that below this trail down there was because they said in the winter time it never , which is true , it 'd never get much sun down there and it don 't burn off and it gets awful slippery down there . And to come down and make the corner and get up a paved driveway if it 's slippery, it 's tough with the gravel now. But it Ijust doesn 't seem to make sense to me to have to pave it there. I •realize the ordinance says if two families use the same driveway then the ordinance says it 's got to be paved for the common area of the driveway but I don't I know . I guess I 'd like to see some kind of variance there . Or maybe have it tied to , if the road is ever paved, then it should have to be paved instead of just because two people are using it you know . Something more that will make more sense because I don 't think they 'll ever pave the road I 1 Planning Commission Meeting June 5 , 1991 - Page 2 because it 's just going to make it tough in the winter . It 's tough enough now with the gravel . Emmings: When you 're talking about the road , you 're talking about Lotus Trail? 1 Roger Byrne: Lotus Trail , right . Emmings: And that 's what 's not paved now? 1 'Roger Byrne: Right . Lotus Trail isn't paved and neither is the existing driveway that 's there . 1 Emmings: Alright . Now can you tell me , maybe where she 's colored the reddish color mark there , that 's the common driveway? 1 Roger Byrne: Right . Emmings: And then that will serve what 's marked on here as Parcel A? Roger Byrne: Right . That will serve Parcel A . • Emmings : And it also serves the property to the south? Roger Byrne : Right , to the south of that . Emmings: And will those be the only two properties coming off that driveway? Roger Byrne: Right . That 's the only two. Well the one to the south already , it already serves them . They live there . They have a garage up there and it serves them . It also serves that parcel A there already for the fact that I have a little parking lot over there . I park , we park so II do use it now anyway . Emmings: Okay,. But those will be the only two properties served by that? II Roger Byrne: Them would be the only two properties served by that driveway , yes . 1 Emmings: And Parcel B you come off , right off of Lotus Trail? Roger Byrne: Right . Parcel B is down about where you see it starting 1 there . It just kind of cuts in at an angle and goes up into Parcel B there . That 's gravel too but that 's flat down there . It 's just that when 111 you come off of Lotus Trail onto the , where she marked that little red • thing there , it 's kind of steep and gravel makes more sense than pavement. Besides that , pavement costs money and we 're trying to keep the costs down. With just two families using that , I don't know . To me it doesn 't seem to make too much sense . Other than that , the rest of the report I guess, they II come up with some good stuff . You know about having engineers look at the site and develop it . Figure out the plans and stuff like that . I guess 1 IPlanning Commission Meeting June 5 , 1991 - Page 3 I that 's :: good idea . Something I never thought of before . It 's always good I to have I guess . I 'm not sure when I 'm going to , you know build in there . I 'm just trying to get this straighten out now . Kids are grown up and the house is too big and we want something smaller and we figure that 's the II place . We like it down there . So sell the other one and build up in there . Don 't want to move too far . That way we won 't have to rent a big truck . I just carry things over . That 's the plan right now . Anyway I guess that 's all , that was my only real concern is the driveway pavement Ibusiness . Emmings : Alright , thank you : tDarlene Byrne : Darlene Byrne . I 've talked to my neighbor Betsy Dishler and she would like to see the driveway stay graveled because it would blend in more with the road and blend in with the area there . ' Emmings : This is the neighbor to the south who uses it? ilDarlene Byrne : Yes . She wanted to come tonight but she had another meeting so she just wanted me to say that for her . IIEmmings: Okay . This is a public hearing. Is there anybody else who wants to make any comments on this? Batzli moved, Erhart seconded to close the public hearing. All voted in ilfavor and the motion carried. The public hearing was closed. Emmings: Ladd? 1 Conrad: Just a couple quick comments for staff . I 'm interested in criteria for granting variances . One of the criteria is you're not ilpreventing somebody from a reasonable use of the property and a statement in here said reasonable use includes the use made by a majority of comparable property within 500 feet . Is that true? IKrauss : Yeah . It is . • Conrad: So that 's reasonable use? Krauss: And that 's a new definition for variances . That 's something that the ordinance was adapted to include last year . What it does is it allows us to recognize the uniqueness of areas such as Carver Beach and not have Ito throw the book at them and say we don't care that this area was platted in 1920 and that everybody else lives on a 20,000 square foot lot . You 're going to come in on a 15 ,000 square foot lot. So it allows us to assess Ibasically is there a neighborhood standard that deviates from the rest of the city . And if there is, as long as we don't decrease the standard in any way , it would be acceptable and this fits that bill . 11 Emmings: We talked about it under the rubric of neighborhood standards and I remember particularly thinking about it on setbacks where we had places that had 30 foot setbacks . We thought it didn 't make sense to make I Planning Commission Meeting June 5 , 1991 - Page 4 somebody new come in and set it back 50 or some other larger number if in that area they were all 30 . That 's the one I remember . ' Conrad; I kind of like that but I can't play it in other scenarios to see how . In this case it fits in the neighborhood and I like that . But there 's something that 's sort of uncomfortable about that same thing . I think it 's good for this particular area . Recommendation for paving . Tell . me about that . Why? That doesn 't seem like it 's in character with the area . The frontage road . 1' Krauss: Well a couple things . • First of all Mr . Byrne is correct . We were out there tonight and we walked around' on the driveway with him and concluded that the full 20 foot wide common driveway that 's required by the ,, ordinance for a shared driveway is inappropriate . That it doesn 't fit in between the fire plug and the trees and it would wind up coming too close to the existing garage . It 's kind of a goofy situation . That garage serving the southern home looks to be located only about 10 feet off of what is actually the right-of-way . The undeveloped right-of-way . Now so we've agreed with Roger'. that something less than 20 feet really needs to bell considered there because there 's no desire to cause any damage to the , trees , and they have pretty significant trees over there . Now the reason that was in the ordinance though , and that 's on the private dfive ordinance " that if you access a lot by private driveway . The reason that 's in there is because we 've obligated to provide fire and police protection and we wanted to insure ourselves that at the very least we have the ability to move equipment in and out in some reasonable way if we are going to allow II homes to access off of private driveways . Many communities , ourselves included up until a year or two ago , said no . We just will not allow those kind of subdivisions to exist period . So there 's flexibility that was given and the exchange for that flexibility is the cost of paving the driveway . One of the other things that entered into our conversations here is the extreme grade on the site and the fact that it runs right down into the lake . It 's true the street is not paved and I can 't you that we have it in our plans to do paving on there , although I 've got to believe at some point in time it 's going to become necessary to do so. For a couple of reasons . The City does not maintain very many dirt streets anymore . It becomes more and more difficult to have equipment just to maintain a few stretches of dirt street . More importantly , everything that runs down that street , there 's some significant grading problems and drainage problems in Carver Beach , run straight into Lotus Lake . And you know the evidence that "' we have is that Lotus Lake has some growing problems with water quality . And you become more concerned as you introduce more channelization and hard surface that 's going to increase the flow ripping down the driveway , straight across the street and into the lake . There 's already a little bit of erosion there and when we sat down with our engineering folks and said , what do you really think should be done here they said, really the right II way to stabilize this is to come up with a paved driveway that with a good culvert design , you know there 's a •ditch section in the street there . A good culvert designed in there and possibly you may even need a curb or something to direct water down at the very bottom . Rolled bituminous curb . " Something that doesn't cost very much but does the job . To really make a safe and more efficient situation . I can 't tell you that that 's not 1 IPlanning Corr' fission Meeting June 5 , 1991 - Page 5 inconsistent with that neighborhood because it is . The neighborhood is a I ~ little tough to deal with in all kinds of aspects . . We have two driveways coming out basically overlapping each other and I can 't figure out where the street ends and the driveways begin . • That 's the way it is . Anyway , so that 's the long and short of it . IConrad: It 's kind of inconsistent with the neighborhood yet it has a function? 1 Erhart: I 'm assuming all the other neighbors have gravel driveways? 'Krauss : It 's really a matter of personal preference . I don 't know who . does or not . We didn 't take a survey but the City does not at this time Ihave an ordinance that mandates the paving of driveways . Emmings: The paved portion is only the portion that 's used in common to Ithe two properties so how long would that paved portion be from Lotus Trail? II Krauss : Well if it goes up to the , I think it 's a 3 car garage that 's II there , I suppose if you went to the back bay of that it would be . . . 1 Emmings: 40 feet? • Conrad: Bo; , that 's a tough one . That 's just really , the ordinance is there for a good reason . There 's some rationale in terms of runoff and the Ilake does need help . it absolutely is in incredible shape . Poor shape . Erhart : In your honest opinion right? IIConrad: All you 've got to do is go down there and look . And all you 've got to do is set your disk reading and you 'll see how bad it is . I think Ithe variance , I 'm in favor of this . I think it makes sense . It fits into the neighborhood and the standards set in the neighborhood. My only concern is the staff requirement of the paving and right now I probably would vote for it . IEmmings: Okay . Tim? Erhart : Well I agree with Ladd . It all looks pretty reasonable and pretty Isimple although I would say that it 's unreasonable to .expect anybody to pave their driveway if the street 's not paved . It seems to me that could be justified just by the variance , reading of the variance . It's Iconsistent with the other neighbors . I would suspect there are probably few driveways that are paved . In any effect , I guess it would seem to me the first step would be get the street paved before we start requiring • paved driveways . That 's the only thing I 've got . Conrad: Can I jump in? If the street is ;waved, then there 's nothing:to force the owner to go back and pave it. So there could be . IBatzli : Why can 't we require them to pave it when the street 's paved? I I • Planning Commission Meeting If June E. , 1991 - Page 6 Conrad : Right . Erhart : Is there any ordinance that requires that? ' Krauss : No , we don 't and from time to time I 've talked to the engineering ' department about the validity of a driveway ordinance . A lot of communities do have those . It 's not something we pursued actively and if we did , I 'm not sure how it would become retroactive . Now when you pave a street , theoretically you can pave a little bit of an apron going up in there . Emmings: What if you just made it a condition of approval that they would I pave it when the street was paved , which I think is what you were saying? Krauss: I suppose that 's possible . Emmings : Would there be a way for that to be caught at that time? Chmiel : Not very easily . Conrad: Just call your memory Paul . Krauss: -I 'm afraid so . You know we keep talking about having a GIS I computer based land parcel identification system where all this stuff can be fed in . When somebody comes in for a building permit , you punch a couple of buttons and out come all the conditions that have always been applied to that piece of ground . We 're not there yet . Ahrens : Next week? Krauss: I was hoping . Emmings : Alright . Joan? ;T I Ahrens: Well , I have the same concerns as Tim about the driveway . I would like to see this approved if at all possible with a condition of approval II that the driveway is paved at the time the street is paved . But again , I don 't see why , if the City's going to go in and pave a road , they can see a driveway that goes into the road is not paved, why at that time can 't somebody bring that up as an issue then? I would image before a road is paved the engineers go out there and look at the area and see that there are certain unpaved driveways that will be going into that . Krauss: They do but it 's not normally in a public works program or budget I to make improvements on private property . Ahrens: What if the City didn't pay for it though? Batzli : Other communities have offered to pave the adjoining gravel at their expense but it 's cheaper because all the equipment 's out there for example . IPlanning Commission Meeting June 5 , 1991 - Page 7 I • Ahrens: They could just assess the cost to the homeowner . That 's the way I 'd ilk.? to see it done . Otherwise , I don 't see any problem at all with , I Igo alone; with the staff recommendation -on this . Emmings : Okay . Jeff? IFarmakes: I went by and looked at the property. I agree with everything that 's been said here . I guess I 'd like to add that I think the reasons Ithat you 're asking for a variance are all the correct reasons . Unlike previous cases that we had in here earlier which met none of the criteria , I think you 've met it all . The reasons to •ask for a variance and I think that 's important to say that because I was against the earlier variance Ijust for that reason . Not that it was 1 foot less or 1 ,000 feet less , I think it met the reason for variances and you have . I would agree that when the street is paved , your access road should be paved also but as it Iis now , I think you should be given the option of leaving it as it is . As a dirt road . I have no further comments . Batzli : I agree with a majority of the comments already made . Is there Isome way that they can do something with the gravel driveway to help the erosion? IIKrauss: We can ask our engineering department . I know at the very least they want to make sure that there 's an appropriately sized culvert for the ditch underneath there . One of the problems we have with where that street Iruns and as we get into the water quality program , what you 'd like to do is there 's a tremendous flowage coming over that hill and there 's really little or no room to impound it and let sedimentation occur before the water is discharged out into the lake . I don't know what the answer 's Igoing to be over there . I 'm not sure that there 's going to be a good one but in a more limited aspect Brian , yes . Our engineering department should be given authority to approve the driveway curb cut . Designed to their Ispecification , paved or not . Batzli : I guess I 'd recommend that we amend that sentence in paragraph 5 Ithat reads , the common section of the driveway shall be paved when the , what 's that road again? Emmings: Lotus Trail? IBatzli : Lakeshore Drive? Is that what it 's called there? IConrad: Lotus Trail . Batzli : Lotus Trail . IEmmings: Isn 't it Lotus Trail? Batzli : Lotus Trail is paved . And I think that way we end up getting rid Iof the width of 20 feet as well . But I would like staff to ask our engineering department to look into how we can minimize erosion in the meantime . I { Planning Commission Meeting June 5 , 1991 - Page 8 Emmings: Okay . I have a question on 6( c ) . You 've got a driveway easement in favor of Parcel A and the adjoining lot to the south . Now , that II easement will be on the , there will be a vacation of Willow and then half of Willow will be going to the 'property to the south and half to the . property to the Byrne 's right to be added to Parcel A? Krauss : That 's the presumption . It 's I guess a County Court has to administer that but yeah. Emmings : Okay , and I guess Ladd 's concerned about your conditioning this I • approval on easements for that driveway that they 'll be driving on both halves of that but I 'm wondering , can you impose this easement on somebody " who isn 't here as an applicant? Krauss: Well keep in mind we 're imposing the easement on what 's now our property . We 're going to release our interest in it in exchange for that consideration we want to make sure that that easement is filed . Emmings : But you 've got to get an easement from them , or are we going to put the easement there first? • Krauss : No . We have the ability to put a permanent easement over it before we release our right-of-way easements . We 're basically maintaining . We can do it either of two ways . Either , and I think both owners are cooperative in this regard . Either they can establish the easement when they 've established title to the vacated right-of-way or we can pre-file ari easement that we won 't release . We 'll release the right-of-way easement but maintain the appropriate driveway easement which we would then involve the city in the chain of title but we 'd allow the two owners to use it . ' Emmings : Okay . The way it is here , you 're requesting the whole thing from them and they can 't give it . I guess that 's what bothers me . But it 's here as a condition of approval but we don 't have the people to the south II here and they don 't have title so it may be , it would seem to me the way to do it would be to impose the easement and then do the vacation . Krauss: We can do it that way. Emmings: Or if you can . I don 't even know that you can . Krauss: Yeah , and we do all the filing now in-house so we can have Roger develop those easements and just take the whole package down to the County . Emmings: Okay . Otherwise I agree with all the other comments that have ' been made here . Has anybody got anything further or is there a motion? Erhart: I 'll move that the Planning Commission recommend to the City 1 Council to - approve Subdivision Request #41-4 with all the conditions as stated with the exception of item 5 in which the second sentence will be revised to read , the common section of the driveway and remaining section serving Parcel A shall be paved to minimize erosion and maintain drainage at the time Lotus Trail is paved . And to add a sentence that staff to i / . I / rlannir _ Commiss. Dn Meeting June ` , 1991 Page 9 provici:= recommendations to the applicant on ways to minimize erosion . Did you n:_::- any chango regarding your issue there Steve or is that just left? IEm-r.in;;c : No , I just wanted to bring that up and make sure that . . Batzli : Second . Erhart moved, Batzli seconded that the Planning Commission recommend approval of Subdivision Request #91-4 lot combination/replat with a 1 ,450 square foot lot area variance on Parcel A and 3,674 square foot lot area I variance on Parcel B, subject to the following conditions: 2 . The applicant shall reflect all of the typical drainage and utility I easements on Parcel A (Lots 1164-1169 and Lots 1178-1179 ) and on Parcel B ( Lots 1170-1177 ) . I 2 . Park and trail dedication fees will be required in lieu of land dedication . Fees will be paid when a building permit is requested for Parcel A . I 3 . The applicant shall supply grading and drainage and tree preservation plans along with the building permit for review and approval by the City Engineer . I4 . A structural engineer design the foundation for the future home on Parcel A ( Lots 1164-1169 and Lots 1178-1179) due to the nature of this lot . Soils information must be provided. I5 . A common curb cut shall be utilized to serve Parcel A and the home located to the south that is currently served by a gravel driveway I located in the right-of-way . When a home is built on Parcel A , the common section of the driveway and remaining section serving Parcel A shall be paved to minimize erosion and maintain drainage at the time I Lotus Trail is paved. Staff is directed to provide recommendations to the applicant on ways to minimize erosion. 6 . Provide the following easements: Ia . Standard drainage and utility easements. b . A 20 foot wide drainage and utility easement in the former Willow Road right-of-way . I c . A common driveway easement in favor of Parcel A and adjoining lot to the south over common sections of the driveway . d. A 15 foot temporary access easement over former right-of-way to I serve 3 lots located west of Parcel A . Easement may be vacated if lots are acquired by the applicant and combined with Parcel A. ' All voted in favor and the motion carried unanimously. I .