12. Plans & specs for upgrade of Audubon Rd from Soo Line RR to Lyman . . / .P--1 CITYOF
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„,� ,� 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN,
MINNESOTA 55317
(612) 937-1900 • FAX (612)937-5739 Administrator
I Cori • 210/k-
MEMORANDUM Nate
I ltejecte
TO: Don Ashworth, City Manager •Det2 Submitted to Commissioi
IFROM: Gary Warren, City Engineer Date Submitted to Coax,'
DATE: May 30, 1990 - - 0
1 SUBJ: Approve Plans and Specifications and Authorize
Advertising for Bids for the Upgrade of Audubon Road
from Soo Line Railroad to Lyman Boulevard
Improvement Project 89-18
I The attached plans and specifications have been prepared as
directed by the City Council at the _March 26 , 1990 meeting. In
addition to the road upgrade, the plans include a trail
I system along the east side of the roadway as directed. Staff and
our consultant, HNTB, have been working with the interested
neighbors to review the proposed construction plans and make
modifications where possible to help mitigate impacts to private
I property.
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A particular concern has been the Doug Barinsky property located
II at the crest of the hill across from Sun .Ridge Court. The
Council will recall that in this area, in -,order to achieve proper
site distance for the roadway, it is necessary to lower the road
I approximately six feet through this stretch. Unfortunately,
several of the mature trees located along the east property line
will be impacted by this contruction. ' n order to minimize this
impact, the plans show constructing -s-,xetaininq-wall .along the
I Barinsky frontage. A segment of storm sewer will also -be
constructed along this property to limit the drainage- swale
requirements. As a result, we are able to ,epnf : e the
II construction impacts for the most part to the existing City
right-of-way and save a few of the ,trees which are set back
further from the right-of-way. t_,,;
One consequence of the retaining wall is that the State "clear
b
zone” requirements cannot met along this portion of the
roadway. Since State aid funds are not proposed to be used on
I this project, there is no financial consequence to this decision.
The "clear zone" is an area that is based primarily on roadway
speed and which is intended to provide a recovery zone so
Ivehicles that leave the road have a chance to recover control
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Mr. Don Ashworth
May 30, 1990
Page 2
prior to hitting any obstructions. For this roadway, a 31-foot
"clear zone" is the design standard and is measured from the edge
' of pavement outward. At the retaining wall, the "clear zone"
will be limited to 19 feet which is 12 feet below state
standards.
' As noted in the attached profile sheets for the Barinsky
property, a trail segment is able to be accommodated along the
retaining wall. The impact to the trees in this area is the same
with or without the trail since it would not be recommended that
the retaining wall encroach any further into the "clear zone".
Our preliminary cost estimate in the feasibility study did
I include a landscaping element for mitigating construction impacts
of this nature.
Upon final review of the traffic forecasts for this roadway and
the sub-base condition, it was determined that an additional inch
of bituminous would be necessary on the overlay to support the
roadway traffic. This and the retaining wall/storm sewer
elements have added some additional cost to the project. The
revised construction cost estimate is $587,900 .
I It is therefore recommended that the attached plans and
specifications as prepared by HNTB be approved and authorized for
bidding.
jm s
Attachment: 1. Profile Sketch - Barinsky Property
2 . Construction Plans
3 . Letter to Residents
c: Chet Harrison, HNTB
Manager's Comments: The Council may recall that this office noted
a "reservation" during the plan preparation phase as to funding.
That reservation has been removed via a positive response from
Carver County regarding "full funding" and the "amount of funding".
Approval is recommended.
X16
Hay 25, 1990
• Page 2
If you would like to review the construction plans prior to 1
Monday night 's meeting, please contact dean Steckling at 937-1900
and she will be happy to schedule an appointment with you to do
this. If you have questions concerning the trail system included
in this project, please contact Lori Sietsema, Park and
Recreation Coordinator, at the same number. If you have not
received a prior hearing notice on this project, your property is
not proposed to be assessed for these improvements.
Sincerely,
CITY OF CHANHASSEN
4
-ary . Warren, P.E.
ity ngineer
GGW:ktm •
Attachment: Location Map
c: Lori Sietsema , Park and Recreation Coordinator
Jean Steckling, Engineering Clerk/Typist
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ZS/u wester street N. cnnavl
Roseville, Et 55113 Chanhassen, 1(4 55317 j • -.- -
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David A. Stockdale Marlin D. Edwards
I7210 Galpin Boulevard 8950 Audubon Road
Excelsior, MN 55331 • Chanhassen, MN 55317
Nilnwr and Lois lbinau Redmond Products, Inc.
I8541 Audubon Road 1 18930 — 78th Street W.
Chanhassen, 201 55317 Essen, *1 55317
IRodney and Laurel Grams
8640 Audubon Road 1
Chanhassen, M1 55317
IDcogias and Carolyn Barinsky
8731 Audubon Road
Chanhassen, h+N 55317
1
IWayne and Cindy Bongard
8831 Audubon Road
Chanhassen, *1 55317
1
Marion N. Michel
8941. Audubon Road
Chanhassen, *1 55317
Ronald and Carol Entinger
8851 Audubon Road
IChanhassen, kW 55317 ►
IArgus Development, Inc.
18133 Cedar Avenue S. : "
Farmington, M1 55024.
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' James and Barbara Nelson
591 Baron Drive
Chanhassen, M0 55317
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Michael and Joanne Cockrane
I1751 Sun Ridge Court
Chanhassen, FM 55317
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CAMPBELL KNUTSON SCOTT & FUCHS, P.A.
Attorneys at Law MAY 16 1993
CM OF CHANHASSEN
Thomas J. Campbell
Roger N. Knutson (612) 456-9539
' Thomas M. Scott Facsimile (612) 456-9542
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
' Dennis J. Unger
May 15, 1990
' Mr. Paul Krauss
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: Zoning Ordinance Amendments
Dear Paul:
Enclosed please Ordinance Summary pertaining to excavating,
mining, filling, and grading, revised ordinance pertaining to
same, and revised ordinance concerning variances.
Very truly yours,
' CAMP:EL - SON, SCOTT
. CHS, P • .
BY: - -
Roger N. Knutson
RNK:srn
Enclosures
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Yankee Square Office III • Suite 202 . 3460 Washington Drive • Eagan, MN 55122
I
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN
1 CITY CODE, THE ZONING ORDINANCE, CONCERNING VARIANCES
' THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 20-28(b) (2) of the Chanhassen City Code
is amended to read:
' To hear requests for variances from the provisions of this
Chapter which are not made in conjunction with platting,
' site plan review, conditional use or interim use permit
application.
Section 2. The caption of Section 20-29 of the Chanhassen
City Code is amended to read:
Sec. 20-29. Board of Adjustments Variance and Appeal
' Procedures.
Section 3. The Chanhassen City Code is amended by adding
' Section 20-30 to read:
Sec. 20-30. Variance Requests in Conjunction with Platting,
' Site Plan Review, Conditional Use and Interim
Use Permits.
(a) Form; Fee. Appeals and applications for variances
' from the provisions of this Chapter made in conjunction with
platting, site plan review, conditional use and interim use
permits and variance from the subdivision ordinance shall be
' filed with the zoning administrator on prescribed forms. A
fee, as established by the City Council, shall be paid upon
the filing of an application.
' (b) Hearing. Upon the filing of such variance
applications the zoning administrator shall set a time and
place for a hearing before the Planning Commission on the
application, which hearing shall be held within thirty (30)
days after the filing of the application. At the hearing the
Planning Commission shall hear such persons as wish to be
heard, either in person or by attorney or agent. Notice of
such hearing shall be mailed not less than ten (10) days
before the date of hearing to the person who filed the
application for variance, to each owner of property situated
t wholly or partially within five hundred (500) feet of the
property to which the variance application relates. The
names and addresses of such owners shall be determined by
' r05/15/90
the zoning administrator from records provided by the
applicant.
' (c) Recommendation. Following the public hearing the
Planning Commission shall recommend to the City Council that
the variance be granted or denied. If the Planning
' Commission recommends approval, it may also recommend
appropriate conditions.
(d) Council Action. By majority vote, the City
Council may approve or deny the variance request. In
granting any variance the City Council may attach conditions
to ensure compliance with this Chapter and to protect
' adjacent property.
(e) Action Without Decision. If no decision is
transmitted by the Planning Commission to the City Council
within sixty (60) days from the date a variance request is
filed with the zoning administrator, the Council may take
action on the request, in accordance with the procedures
governing the Planning Commission, without further awaiting
the Planning Commission's recommendation.
' Section 4. Section 20-56 of the Chanhassen City Code is
amended to read:
Sec. 20-56. Generally.
A variance from this Chapter may be requested only by
the owner of the property or the owner's approved
I representative to which the variance would apply. A variance
may not be granted which would allow the use of property in
a manner not permitted within the applicable zoning
district. A variance may, however, be granted for the
' temporary use of a one-family dwelling as a two-family
dwelling. In granting any variance, conditions may be
prescribed to ensure substantial compliance with this
Chapter and to protect adjacent property.
Section 5. Section 20-58 of the Chanhassen City Code is
' amended to read:
Sec. 20-58. General Conditions for Granting.
A variance may be granted by the Board of Adjustments
and Appeals or City Council only 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 other property within
five hundred (500) feet of it. The intent of this provision
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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 downward from them meet
this criteria.
' (b) That the conditions upon which a petition for a
variance is based are unique to the parcel of land for which
the variance is sought and are not applicable, generally, to
other property within the same zoning classification.
' (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.
(d) That the alleged difficulty or hardship is not a
self-created hardship.
(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.
' (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.
' Section 6. This ordinance shall be effective immediately
upon its passage and publication.
' PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1990.
' ATTEST:
Don Ashworth, . Mayor
Clerk/Manager Donald J. Chmiel
Y
(Published in the Chanhassen Villager on , 1990. )
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