1c. Wetland Permit for 800 Woodhill road i / c
II ° C ITY 0 F ! P.C. DATE: May 3, 1989 -----
� � ' CEAria2sri c.c. ::E: :22:1989 II �'� '�\� r CASE
IPrepared by: Olsen/ktm
il STAFF REPORT
1
II PROPOSAL: Wetland Alteration Permit for construction of
a house, driveway and lawn within 200 feet of
1,,.,- a protected wetland
1 i .,. ,;,,.,:_x P
ILOCATION: 800 Woodhill Road 'y ����^�
T-I Chanhassen, MN 55317 y-��� 1M-
APPLICANT: Brian Kihle
234 Pennisula Road -`3 f '
Medicine Lake, MN 55441 ��
I
III PRESENT ZONING: RSF, Single Family Residential
IACREAGE: 15 ,755 square feet
DENSITY:
IADJACENT ZONING
AND LAND USE: N- RSF, Single Family Residential
IS- RSF, Single Family Residential
E- RSF, Single Family Residential
I Q W- RSF, Single Family Residential
IW WATER AND SEWER: Available to the site
IPHYSICAL CHARAC. : The site slopes to the southeast and contai s
a Class B wetland on the southeast corner
II2000 LAND USE PLAN: Low Density Residential
II
�'
CAS.pE ! CASTLE I CHR/ TA / I i
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' Brian Kihle WAP
May 3, 1989
Page 2
' BACKGROUND
' The subject site was approved as an administrative subdivision to
divide a 38 ,003 square foot lot into two lots containing 20 ,000
and 18 ,003 square feet (Attachment #1) . A condition of the
' administrative subdivision approval was that the applicant must
receive a wetland alteration permit prior to issuance of a
building permit (Attachment #2) . The purpose of requiring the
applicant to receive a wetland alteration permit was to ensure
that the 75-foot wetland setback was maintained for the proposed
house and that construction of the driveway and any proposed lawn
area would be done in a manner so as to not negatively impact the
' wetland.
This applicant is proposing to maintain the 75-foot setback for
' the house, but the driveway and lawn would be within 75 feet of
the wetland. Staff has visited the site two times with Paul
Burke from the Fish and Wildlife Service. Paul Burke has stated
that the wetland located on the subject site is of poor quality
' and will not be negatively impacted by the construction of the
house and driveway.
The applicant is proposing to install erosion control along the
limits of proposed grading which will protect the wetland from
any runoff during construction. The erosion control fence should
be a Type III design as typically required by the City. The
' driveway at Woodhill Road will be located approximately 10 feet
from the edge of the wetland and the proposed lawn will be
located approximately 20 feet out from the edge of the house and
' approximately 60 feet from the edge of the wetland. There are no
specific setbacks for driveways or lawn areas from a protected
wetland. Since, it can be damaging to a wetland to maintain and
' fertilize a lawn area up to the edge of the wetland, staff is
recommending that the lawn area around the house only be per-
mitted 20 feet out as shown and that the area between the
driveway and the wetland, most notably at the southern portion of
' the site, not be seeded and left to return to its natural state.
RECOMMENDATION
' Staff recommends that the Planning Commission adopt the following
motion:
"The Planning Condition recommends approval of the Wetland
Alteration Permit No. 89-2 as shown on the site plan dated April
25 , 1989 with the following conditions:
I
•
Brian Kihle WAP
May 3, 1989 ,
Page 3
1. Type III erosion control shall be installed between the pro-
posed grading areas and the Class B wetland prior to any
improvements to the site.
2 . The proposed lawn area as shown on the site plan shall be
limited to 20 feet around the front of the house and the
remaining area between the house and wetland shall be main- '
tamed in its natural state.
3 . The area between the driveway and the Class B wetland shall
be maintained in its natural state and not be seeded up to
the edge of the wetland.
PLANNING COMMISSION ACTION
On May 3 , 1989 , the Planning Commission unanimously recommended
approval of the wetland alteration permit with staff' s recom-
mended conditions.
CITY COUNCIL RECOMMENDATION ,
Planning staff recommends the City Council adopt the following
motion:
"The City Council approves Wetland Alteration Permit No. 89-2 as
shown on the site plan dated April 25 , 1989 with the following
conditions: ,
1. Type III erosion control shall be installed between the pro-
posed grading areas and the Class B wetland prior to any
improvements to the site.
2 . The proposed lawn area as shown on the site plan shall be
limited to 20 feet around the front of the house and the
remaining area between the house and wetland shall be main-
tained in its natural state.
3 . The area between the driveway and the Class B wetland shall '
be maintained in its natural state and not be seeded up to
the edge of the wetland. "
ATTACHMENTS
1. Administrative Plat.
2 . Letter from Steve Hanson dated February 13 , 1989.
3 . Planning Commission minutes dated May 3 , 1989.
4 . Site Plan dated April 25 , 1989 .
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
February-13 , 1989
Mr. and Mrs. Jerry Peterson
800 Woodhill Road
Chanhassen, MN 55317
Re: Lot Split Carver Beach Lots 2554-2568 and Lots 2538-2541 1
Dear Mr. and Mrs .- Peterson:
This is to confirm that you can sell a portion of the above
property as a separate lot with some limitations . The southeast
portion of the property is partially within a wetland. This was
confirmed on a field visit by Paul Burke and myself on February
9 , 1989 . Mr. Burke is with the Fish and Wildlife Service and is
used by the City of Chanhassen in d3termining wetland areas .
Based on his inspection and the topographic map of the area, the
wetland boundary would lie between t-ie contour 938 and 936. The
edge of the wetland boundary would be the ordinary high water
mark. The significance of tnis is th2 General Development
Regulations for wetland ar=as requires a minimum setback of 75
feet from the ordinary high water mark. In addition, any
construction within 200 feet of a wetland requires a wetland
alteration permit. For your reference, I am enclosing a copy of
the wetland protection section of the City Code as well as the
application form for a wetland alteration permit.
I talked with the City Attorney regarding the split of the par-
cel.
When you have a buyer, we can approve the deed prior to
recording provided both parcels comply with the zoning require-
ments at that time. The present zoning requirements are attached
for your reference.
Regarding the wetland issues , you have two options . The first 1
would be to apply for a wetland alteration permit to provide for
an access drive and building envelope for the parcel to be sold
prior to sale so the buyer knows specifically what could be built
on the property. The other would be to make the sale contingent
upon the purchasers obtaining a wetland alteration permit.
I
1
1
II . 1111 40
Mr. and Mrs . Peterson
February 13, 1989
Page 2
' I trust this clarifies the issue of creating a separate building
site on your property and apologize for the delay in determining
that a wetland exists on the property. If you have further
questions , let us know.
Sincerely,
4
Stephen Hanson
Planning Director
SH:v
Enclosures
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LAND DEVELOPMENT APPLICATION
CITY OF CHANHASSEN
690 Coulter Drive
Chanhassen, MN 55317
(612) 937-1900 '
APPLICANT: �;1.G.4 A. ,yL G OWNER:yr7r >,
ADDRESS 0.74 fi n/:r3;.,`,/4? ft/ ADDRESS S'vi (lank///#
`.fq/
Zip Code - Zip Code
TELEPHONE (Daytime )ely--c 77 TELEPHONE
REQUEST: '
Zoning District Change Planned Unit Development
Zoning Appeal Sketch Plan '
Preliminary Plan
Zoning Variance Final Plan
Zoning Text Amendment Subdivision
Land Use Plan Amendment Platting
Metes and Bounds
Conditional Use Permit
Street/Easement Vacation
Site Plan Review
Wetlands Permit
PROJECT NAME '
PRESENT LAND USE PLAN DESIGNATION
REQUESTED LAND USE PLAN DESIGNATION '
PRESENT ZONING
REQUESTED ZONING ,
USES PROPOSED �/^,7./- �F?r
SIZE OF PROPERTY A-7- '7 -`7:-
=: '7 r
LOCATION ,Z.:)-71--r �' =���-?�i�c� �s c,� ' s �� .sue /t� 3St�� «.6.;4'2 iy-,‘"c i
REASONS FOR THIS REQUEST �'r !%'l/l] ti4-���r L �,erc �iC�i:�,
44,LEGAL DESCRIPTION (Attach legal if necessary)
APR 0 51989
CITY_OF CHANHASSEN
City of Chan
hassen
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 information and
' plans required by applicable City Ordinance . Before
filing this application , you should confer withvtheoCity Planner
to determine the specific ordinance and procedural requirements
applicable to your application .
FILING CERTIFICATION:
' ' e -
The undersiga d representative of the applicant hereby certifies
that he is familiar with the procedural requirements of all
' applicable City Ordinances .
' Signed B /
✓ Applicant _ Date
The undersigned hereby certifies that the applicant has been
authorized to make this application for the property herein
described .
1
Signed By
Fee Owner Date
Date Application Received (/_ —_j-e
Application Fee Paid (7--- (5-
City Receipt No. 426.15 ,
* This Application will be considered b
' Board of Adjustments and A the Planning Commission/
meeting . Pp�als at their
R . . -1
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MAY 3, 1989
Chairman Conrad called the meeting to order at 7 : 30 p.m. .
MEMBERS PRESENT: Tim Erhart, Steve Emmings , Annette Ellson, Ladd Conrad
and David Headla
MEMBERS ABSENT: Brian Batzli and Jim Wi.ldermuth
STAFF PRESENT: Steve Hanson, Planning Director and Jo Ann Olsen, Asst.
City Planner
PUBLIC HEARING:
1
WETLAND ALTERATION PERMIT FOR DEVELOPMENT WITHIN 200 FEET OF A CLASS B
WETLAND ON PROPERTY ZONED RSF AND LOCATED AT 800 WOODHILL ROAD, JERRY
PETERSON.
Jo Ann Olsen presented the staff report .
Chairman Conrad called the public hearing to order .
Brian Kihle: Thanks Jo Ann for that . My name is Brian Kihle at 234 ,
Penni.nsula Road in Medicine Lake. I just wanted to say that I 'm not going
to be changing the flow of the water or anything . I just want to backfill
up to the house to get the water to drain away from the house and that ' s II
basically why I want to grade into that area.
Emmings moved, Headla seconded to close the. publi.c hearing. All voted in
favor and the motion carried . The public hearing was closed .
Emmings: It seems very straight forward to me and I certainly will vote
to approve it.
Ellson: I agree. I don ' t see any problems.
Headla: How do we define natural state? I look at that and I circled it.
I think it' s a good word but then I think, do we , the way we interpret it
now and in a little bit, is natural state always going to be i.nterpretted
the same? Is that the best definition we can give?
Olsen: The better way to do it would be to have specific vegetation. To
specify exactly what we want .
Ellson: Aren' t you basically saying not altering it?
Olsen : Right. We just don ' t want the lawns .
Ellson: If nature lets it get dry, it has to be we let it get dry but if
you mentioned a certain type of plant , that might be as natural 5 years
from now.
Olsen : The natural vegetation does come back if it ' s left . '
1
Planning Commission
g Meeting
May 3, 1989 - Page 2
1
Headla : And then they can ' t mow it or anything like that? Okay, so that
transfers from owner to owner of the future?
Conrad : Which is a good question and it was my only question. How does
that. . .
Olsen : It ' s recorded.
Conrad: On the plat?
Olsen : The permit is recorded with the lot at the County so anyone who
purchases a lot in the future hopefully will research the title.
Headla : What ' s the mechansim? How do we know like it ' s, it seems if you
have an owner and you have a requirement, how does that get into that
deed?
Olsen : It ' s recorded against the lot .
Headla: What the Village records against that? Oh, that ' s how they do
i.t.
Conrad : I have nothing else. Is there a motion?
IEllson moved, Emmi.ngs seconded that the Planning Commission recommend
approval of Wetland. Alteration Permit #89-2 as shown on the Site Plan
dated "April 25 , 1989" with the following conditions:
1. Type III erosion control shall be installed between the proposed
grading areas and the Class B wetland prior to any improvements to the
site .
2. The proposed lawn area as shown on the site plan shall be limited to
20 feet around the front of the house and the remaining area between
the house and wetland shall be maintained in it ' s natural state .
3. The area between the driveway and the Class B wetland shall be
maintained in it ' s natural state and not be seeded up to the edge of
the wetland.
11 All voted in favor and the motion carried .
PUBLIC HEARING:
MICHAEL CARMODY, SOUTH LOTUS VILLAS TOWNHOMES ON PROPERTY ZONED PUD-R,
PLANNED UNIT DEVELOPMENT-RESIDENTIAL AND LOCATED IN THE SOUTH LOTUS LAKE
ADDITION:
A. PRELIMINARY PLAT 1. 475 ACRES INTO 14 INDIVIDUALLY OWNED TOWNHOME UNITS
AND ONE OUTLOT.
B. SITE PLAN REVIEW FOR A 6 AND 8 UNIT TOWNHOME BUILDING.
I