1a Request for One Year Extension, Permit 93-4
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CITY OF
CHAIHASSI!I
let-
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690 COULTER DRIVE - P.O. BOX147 - CHANHAS$E~. MINNESOTA 55317
(612) 937-1900 -FAX (612) 937-5739
MEMORANDUM
TO:
Don Ashworth, City Manager
FROM:
Sharmin AI-Jaff, Planner II
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DATE:
January 14, 1998
SUBJ:
One Year Extension forW etland Alteration Permit 93-4, Alan and Mary Weirigart
~
ANALYSIS
,..... .
The applicant is requesting a one year extension, which is the average time extension the City
Council typically grants. The applicants have encountered some delays that prevented them from
completing the work prior to the permit running out (see attached letter). The wetland alteration
permit expires on January 27, 1998. The Wetland Ordinance states that if the permittee may make
written application to the council 1m; an extension of the time to commence work. This is the fourth
extension to this permit. When the application was approved on December 13, 1993, the Wetland
Conservati~n Act was under the interim guidelines andthe replacerneIltratiowas 1:1. TheWetland
Conservation Act required that all projects under the interim guidelines must have been completed
by June 30, 1995. The rules now require a replacement ratio of 2:1, andthe notification procedures
are more. stringent. Since the applicant is not filling or draining additional wetland, but will be
required to mitigatemofe wetl;:md, staff proposes that the Council approve the extension.
BA.CKGROUND
AttheDecetnber 13,1993, meeting, the City Council approved the request for a wetland alteration
permit (93A)to fillapproximately 0.05 acre of a city classified AglUrbanwetland and 0.15 acre of
Natural Wetlands and to create additional wetland areas for the purpose of improving a driveway to
access a single family parceL The Council approved this< request subject to the plans dated
November 8, 1993, revised November 29, .1993, with the followjng conditions:
1.
The mitigation area i~ intended to be similar to the existing basins and, therefore, should be
designed to the extent possible to have bottom contours that approximate those of the
existing basins. W.e recommend that the mitigation area be subcut to a depth 6-12 inches
below the desired bottom elevation. The basins should then be lined with 6-12 inches of
,.....
Don Ashworth
January 14,J998
Page 2
,.J
organic soilsto.'be, ~xcavatetlfromfill~,!etl~diateas..'"tl1iS'linin~'.of.o.t~ci;~Pllsshpuld" ,
provide a seed source sufficient to ,facilitate' theestablishrneht()f'Nytl~Clve~~~~oniWi~ .
the mitigation areas. "Mitigation basins should be designed with . irremilaredgesand
irregular bottom contours. Side slopes should, be no steeper than 5 :.1 ;side slopes of 10: 1 or
greater are preferalJl~. If on~site soils demonstratesigniitc;al1tpeI1Ileabilit),',coJ.1si~eration
should be given to lining mitigation areas, with day or other imperVious materials prior to
lining the basins with organic soils.
2. Notification should be made to the Corps to verifycoverage\1Ildedheir nationwide Section
404' permit. .t.-
3. Aprotected watetspennit must be authorized by theDNRbeforetheproject can proceed.
4. The<applica11tor futUre la11downer(s)shal1beprohibit~dfroniusing salts and de-icing
chemicals ~pplied to the driveway in order to protecfthe quality, of the water running into
the wetland areas.
5. The .'. applica11fs~allsubmit ,a . driveway. desigI1section through the wetland · area to' the
engineering departmentforapprovaL -'"
6. tb.e.applicaI1ts~alldbtain a cross access. eas~inet1tfi-oll1inei~b(>tirig.properties' where, the
drivewayencro.aches. '
7. All retaining walls over 4 feet in height requir~,a.buiIdingperinit. ,.
'.',"':'--i",,:;-", """,',,- "'-",'-.::.,":.
8. The driveway will service one single family home~ Only one residence will be permitted on
the peninsula.
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9. ' The wetland 'alteration permit will expire after ,one ye*" from the date of City Council
approval unless substanthll.construction on the driveway has taken place.
10. The applicant shall be.responsiblefor all attorney fees 'associated with reviewing and
recording this application~
Don Ashworth
January 14, 1998
Page 3
13. The applicant shall raise the driveway grade between the two wetlands adjacent to Lot 3,
Block 2, Lake Lucy Highlands approximately one foot to an elevation of 981.0 and revise
the invert elevations of the proposed 12-inch CMP culvert to 978.1 at the east end and 978.0
at the west end.
14. The applicant shall install the proposed 21-inch CMP culvert in a manner to facilitate
stormwater runoff from the Kimble's property.
STAFF RECOMMENDATION:
Staff recommends the City Council adopt the following motion:
"The City Council approves a one year extension for Wetland Alteration permit #(93-4) to fill
approximately 0.05 acre ofa city classified AglUrban wetland and 0.15 acre of Natural Wetlands
and to create additional wetland areas based on the Wetland Conservation Act rules for the purpose
of improving a driveway to access a single family parcel with the same conditions as originally
approved. "
A TT ACHMENTS
1. Location map.
2. Letter from Alan and Mary Weingart dated January 7, 1998.
3. City Council minutes dated December 13,1993.
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Telephone
Day: (612) 474-5299 Evening: (612) 474-6884
Facsimile
(612) 474-6430
January 7, 1998
Ms. Sharmin AI-Jaff
City Planner II
City of Chanhassen
690 Coulter Drive
Chanhassen, Minnesota 55317
Dear Ms. AI-Jaff,
As a follow-up to our recent conversation, MarY and I respectfully request at this
time a one year extension on our Chanhassen Wetland Alteration Permit, number
93-4, for the purpose of improving the driveway access to the parcel commonly
referred to as the Lake Lucy Peninsula. The extension of this permit will not
contradict any other regulatory permit(s). The Minnesota DNR Protected Waters
Permit number 94-6078, issued December 5, 1994, encompasses the
requirements of all other state, local and federal agencies, and remains effective
for another 1 1/2 years, until May 8, 1999.
We are in the initial phase of bid solicitation for the permitted improvements. Our
intention, finances allowing, is to begin the driveway improvement sometime late
this year or early next year. In the meantime, the extensive process of letting
bids and determining costs will be ongoing. As we mentioned in our prior
extension requests, a number of issues and concerns have restricted our ability
to date to proceed with this project. These include:
1. The Minnesota Legislature was debating Wetlands Legislation for a
good part of 1996, which created uncertainty as to what would or
would not be required for purposes of wetland mitigation and
delineation. Once this legislation was passed, it has taken some
time for the experts to decipher the implications and ramifications of
the new laws. I have consulted, and will continue to consult, with
Schoell & Madson regarding how to best proceed.
2. We are still concerned about the prospective development along
the north shore of Lake Lucy (Le., the Christenson and Tichy
properties). We have been waiting to see how the development in
this area proceeds as it could impact our parcel. We have been
hoping that any development plans for this area would have
become clearer over the past few years, but they have not.
Hopefully, they will become so this year.
3. As always, the economic 'costs' resulting in and from the
improvement of this parcel are considerations which we continue to
assess, and defer, if possible.
Please forward our request for a one year extension of Permit #93-4 to the City
Council for their consideration. A copy of your letter dated January 27, 1997
granting the extension is attached for your reference.
Thanks once again for your capable assistance with this matter. Please don't
hesitate to give us a call if you, or any Council members, have questions.
Sincerely,
/
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'Alan R. Weingart I
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Mary a Weingart l
Chanhassen City Council - December 13, 1993
AWARD OF BIDS: FIRE ENGINE REFURBISIfiNG.
Councilman Wing: Would it be too forward to move that Mr. Mayor?
Mayor Chmiel: No, I would think that in looking to what we have. There's a motion on the floor to move it
but we'll have discussion.
Councilman Wing: No, no. No, please. I wish to have that taken from the record. It was inappropriate.
Mayor Chmiel: Okay. You're removed. Yes, Colleen.
Councilwoman Dockendorf: Are these the, Scott are these the bids that we had previously when we decided not
to do anything about it?
Scott Harr: No.
Councilwoman Dockendorf: How did those bids look in comparison to these?
Scott Harr: The new bids are slightly higher because one of the things that we agreed with working on this with
the City Manager was rather than just cutting and pasting and patching, let's extend the life of the truck
significantly. We could do that for another $10,000.00. That's to keep the truck going that much longer, that
was a better investment.
Councilwoman Dockendorf: Okay. That's all.
Mayor Chmiel: Any other questions? Hearing none, I'll entertain a motion.
Councilman Senn: I'll move approval.
Councilman Mason: Second.
Mayor Chmiel: It's been moved and seconded. Any other discussion?
Resolution #93-124: Councilman Senn moved, Councilman Mason seconded to award the Fire Engine 210
Refurbishing bid to Toyne in the amount of $74,970.00. All voted in favor, except Councilman Wing who
abstained, and the motion carried.
Mayor Chmiel: One abstention. Only because Mr. Wing is on the Fire Department.
WETLAND ALTERATION PERMIT TO PROVIDE A DRIVEWAY ACCESS TO A SINGLE FAMILY
PARCEL. LOCATED SOUTH OF LAKE LUCY ROAD AND NORTH, EAST AND WEST OF LAKE
LUCY ROAD; THE PARCEL IS A PENINSULA IN LAKE LUCY, MARK AND KATHY SANDA.
Sharmin AI-Jaff: The site is a peninsula located north, east and west of Lake Lucy. The only access for this
site is via a 33 foot wide strip. This strip is approximately 1,700 feet in length. Currently there is a trail...this
trail into a driveway. In order to do that they need to fill wetlands. A wetlands will be filled in this area and
then in this area. This is approximately .2 of an acre. They are replacing it with additional wetlands which
18
Chanhassen City Council - December 13, 1993
exceeds the amount of ftll that they are putting in. This item appeared before the Planning Commission on
November 17th. There were two issues raised. I guess the most significant one which has caused some
revisions in this plan was the concern of one of the neighbors who has trees just southwest of the site. Of the
driveway and what the applicant did was located a culvert and this culvert basically takes care of any standing
water in this area. There were other issues that were raised at the Planning Commission. We feel all of them
have been addressed and we are recommending approval with the conditions outlined in the report. Thank you.
Mayor Chmiel: Good. Thank you Sharmin. Is there a representative tonight wishing to indicate anything at all
regarding the Sanda's?
Mark Sanda: My name is Mark Sanda. This is my wife Kathy and we've been residents of Chanhassen for
nearly 7 years. We've the people that are going for this approval of the existing, of an existing driveway that's
been there for many years. First of all we appreciate you moving us up on the agenda...A lot of discussion took
place at the Planning Commission meeting on the 17th. We had a number of our neighbors get up and speak
that they had no opposition to this. We've also got letters from many of them. There were some people that
had concerns and as Sharmin mentioned, we feel we've addressed all of those in full. I don't believe there's
anybody here tonight that was at that meeting and hopefully that's indicative of the fact that we've satisfied
everyone's concerns. We've been working with the city since day one on this and the DNR and contacted all
Council members that wanted to come out and look at the site. So we hope that you'll follow the
recommendation of the Planning Commission to approve our driveway permit. Thanks a lot
Mayor Chmiel: Thank you. Appreciate it. Are there any questions of the Council?
Councilwoman Dockendorf: I just have one. If their driveway is flooded, washed out in any way, can the city
become responsible for approving this?
Mayor Chmiei: Roger?
Roger Knutson: No. You're not legally responsible. They can complain.
Mayor Chmiel: One other question that I had too Roger. In regard to construction on that particular piece of
property. We've had some suits initiated against us because of poor soils. A basement was put in, caving in.
The city was brought into it because of the inspections. Is there any way that the soils contained here could
cause a problem and have us brought back into a suit? Or would it be better for us to have a condition put
within, as an additional condition.
Roger Knutson: A disclaimer?
Mayor Chmiel: Right
Roger Knutson: A disclaimer would be appropriate but when you issue a permit, even though people can sue
you about it. there's a great body of case law in Minnesota that's 100% supported so far. That says that giving
a building permit or a conditional use permit or what have you is not an insurance policy. You're inspecting for
the public good and you do not create any private rights. That's the case law now. So just because people have
problems with their construction does not make the city responsible but I think a disclaimer would be
appropriate.
19
-<'II
Chanhassen City Council - December 13, 1993
Mayor Chmiel: Okay. Could you give us a disclaimer?
Roger Knutson: ...referred to soils, you can just say we have, I think we have on other pennits occasionally just
saying that the City makes no representation about subsurface conditions or the stability of the site for a
driveway.
Mayor Chmiel: Alright. I would so move that language. Being incorporated as part of the wetland alteration
permit.
Councibnan Wing: Second.
Mayor Chmiel moved, Councilman Wing seconded to approve Wetland Alteration Permit #93-4 as shown
on the plans dated November 8, 1993, with the rollowing conditions:
1. The mitigation area is intended to be similar to the existing basins and, therefore, should be designed to the
extent possible to have bottom contours that approximate those of the existing basins. We recommend that
the mitigation area be subcut to a depth 6-12 inches below the desired bottom elevation. The basins should
then be lined with 6-12 inches of organic soils to be excavated from filled wetland areas. This lining of
organic soils should provide a seed source sufficient to facilitate the establishment of wetland vegetation
within the mitigation areas. Mitigation basins should be designed with irregular edges and irregular bottom
contours. Side slopes should be no steeper than 5:1; side slopes of 10:1 or greater are preferable. If on-site
soils demonstrate significant permeability, consideration should be given to lining mitigation areas with clay
or other impervious materials prior to lining the basins with organic soils.
2. Notification should be made to the Corps to verify coverage under their nationwide Section 404 permit
3. A protected waters permit must be authorized by the DNR before the project can proceed.
4. The applicant or future landowner shall be prohibited rrom using sksslEl minimi.<3e the amoURt of salts and
de-icing chemicals applied to the driveway in order to protect the quality of the water running into the
wetland areas.
5. The applicant shall submit a driveway design section through the wetland area to the engineering.
department for approval.
6. The applicant shall obtain a cross access easement from neighboring properties where the driveway
encroaches.
7. All retaining walls over 4 feet in height require a building pennit.
8. The driveway will service one single family home. Only one residence will be permitted on the peninsula.
9. The wetland alteration permit will expire after one year from the date of City Council approval unless
substantial construction on the driveway has taken place.
10. The applicant shall be responsible for all attorney fees associated with reviewing and recording this
application.
20
Chanhassen City Council - December 13. 1993
11. The bridge section shall be built to a 9 ton design aDd made or materials which wiD Dot leech pollutants
into the wetland or lake areas when emersed. The bridge section design sba1I.be submitted to the City
Engineer ror approval. .
12. III the event purple loosestrife areas are dimarbed duriDg cODStrudioD of the proposed driveway, such
purple loosestrif'e shall be disposed or properly according to DNR standards.
13. The applicant shaD raise the driveway irade between the two wetlands adjacent to Lot 3, Block 2,
Lake Lucy Highlands approximately one root to aD elevation or 981.0 aDd revise the lavert tle~ODS
or the proposed U-inch CMP culvert to 978.1 at the east end aDd 978.0 at the west tDd.
14. The applicant shaD Iasta1l the proposed 21-incb CMP calvert in a maDDer to facWtate ItonDwater
runoff rrom the Kimble's property.
All voted ill ravor and the motion carried unAnimously.
SITE PLAN REVIEW AND CONDmONAL USE PERMIT FOR A 64.132 SO. IT. BYERLY'S
SUPERMARKET, A 26,100 RETAIL BUILDING, AND A 7,000 SO. IT. COMMERCIAL Bun..DING.
LOCA TED ON LOT 4, BLOCK I, WEST VD..,LAGE HEIGHTS 2ND ADDmON. T.F. JAMES
COMPANY.
Public Present:
Name
Address
Vemelle Clayton
Arnie Privie
Tim Menning
Lyle King
Kent Dixon
Bob King
Dan Beckman
John Meyers
Tim McCoy
Charlie James
422 Santa Fe Circl~
Gateway Foods In;;.
Bumsville
Festival Foods
Delano
Festival Foods
6895 Chaparral Lane
Byerly's
McCoy Architects
T.F. James Company
Mayor Chmiel: Why has this not been put Wlder public hearing then if it's a conditional use pennit? Don?
Roger Knutson: The Planning Commission holds the public hearing on the conditional use penniL
Mayor Chmiel: Thank you. That's righL
Councilman Wing: I didn't know that. Don't apologize to me.
Mayor Chmiel: Okay. Site plan review and conditional use pennit for a 64.132 square foot Byerly's
21