1k Wetland Alteration Permit
CITY OF
CHANHASSEN
:1/t~
MEMORANDUM
TO:
Planning Commission
1G~yCenterDl'il)e,POBox147 FROM:
-:hllllbassl'll, Minnesota 55317
Phone 612.937./900 DATE:
Gmcml hlX 612.937.5739
'lIgilleel'ing hlX 612.937.9152
'Ibli( StIFt)' hl.\ 612.934.2524
X'i'b !CU'll'./'/.d'rl/1bil.\.iL'II.JJlil, 11.1
Phillip Elkin, Water Resources Coordinator
July 29, 1998
SUBJ:
Wetland Alteration Permit (#98-3) for Ms. Julie Sprau, 1085 Holly
Lane
UPDATE
On August 5, 1998, the Planning Commission unanimously approved the wetland
alteration permit. After receiving no comments from the public, some
commissioners questioned the need for a permit, or at least the public hearing
process for this wetland permit. While staff would agree that this is a minor
wetland impact that could have been done administratively, it was important to
employ the permitting process because of the negative public response to the
previous variance request.
Because there were no comments or objections presented at the public hearing,
staff has placed this item on the consent agenda to expedite the approval process.
BACKGROUND
On March 27, 1995, the City Council approved the final plat for Subdivision 95-1,
Ravenswood Estates. Lot 2 of Ravens wood Estates (1085 Holly Lane) included a
ten foot wide strip of property that provided access to Christmas Lake. However,
a lot width of ten (10) feet does not meet city standards with regards to width of
property at the shoreline, or area required for dock setbacks, which is ten (10) feet
from the extended lot lines.
Prior to the purchase of the property, the applicant received information from the
seller that a dock had existed in this location in excess of 40 years. Based on that
information, staff had indicated that the dock would have non-conforming status
and could continue to be used as long as it maintained its "grandfather status." If
the dock had not been used for more than one year, it would lose the legal non-
conforming status.
At the time of subdivision review, information was presented that the previous
owner lost the non-conforming rights to have a dock when he ceased to maintain a
IN Ci~)' of C!JrllliJasSfIl. A gl'CiI'i!lg coil/!llImir)' wir;'
".j,oo!,. ,{ ,A/nnil/g dOluntOljlJf, t/;ril'ing Iil/sillesses, illld uUl/tifid pal'h A gmlt pllln' to Iii 'I'. /1'01'/.:, ilnd pIll}
Sprau Wetland Alteration Permit #98-3
July 29, 1998
Page 2
dock on the property on a yearly basis. Based on this determination, the property no longer had
non-conforming rights, and a dock was denied for this lot. The City Council did, however,
indicate that they were sympathetic to what occurred and encouraged the applicant, Ms. Sprau, to
pursue the variance process.
The subsequent variance request was also denied.
UPDATE
Having lost the appeal, and any dock rights to her property, Ms. Sprau is now applying for a
wetland alteration permit that will allow her access to her 10 feet of lake shore.
Currently, a small wetland exists along the lake shore that prevents access from Ms. Sprau's yard
and the Christmas lake shoreline. The wetland proposed to be impacted, is a seasonally flooded
area less than 2,000 square feet, that was most likely formed from a silt delta along the lake
shore. The amount of wetland on Ms. Sprau' s property is approximately a ten foot by ten foot
section.
In an attempt to utilize her 10 feet oflake shore property, Ms. Sprau applied to the MnDNR to
fill this area to gain access. After meeting with Ceil Strauss, Area Hydrologist for the DNR, Jim
Haffner from the Minnehaha Creek Watershed District, and city staff, the applicant agreed that a
boardwalk over the wetland would be a preferable option.
A permit for this activity is not required by the DNR, the Watershed District or the Wetland
Conservation Act (WCA). However, the City of Chanhassen does include docks over or in
wetlands as wetland impacts and requires a permit for such activities. An alternative to a
boardwalk would be to fill the ten foot strip of wetland. This activity would result in the loss of
approximately .100 square feet of wetland which is well below the 2,000 square foot di minimus
exemption provided by the States Wetland Conservation Act. Even if the City were to deny a
permit to fill this area, the applicant could appeal the decision to the State of Minnesota, as
allowed by the WCA.
RECOMMENDATION
Staff recommends that the Planning Commission recommend the City Council approve Wetland
Alteration Permit #98-3 to allow a boardwalk over the wetland to gain access to lakeshore. Staff
believes that this would be a minimal impact to small wetland area. This recommendation is also
endorsed by Ceil Strauss, MnDNR Area Hydrologist, and the Minnehaha Creek Watershed
District.
Sprau Wetland Alteration Permit #98-3
July 29, 1998
Page 3
Attachments
1. Application and description of project.
2. Location map.
3. Location of proposed boardwalk.
4. Photos.
5. Public hearing notice and property owners names.
6. Planning Commission minutes dated August 5, 1998.
g: lenglphi II i pladminlplanninglsprauwap.pc.doc
Applicant: Julie Sprau & Joseph Kelly
Address: 1085 Holly Lane, Chanhassen, MN 55317-9436
Written Description: Weare requesting a wetland alteration permit so that we can put a
boardwalk from the edge of the grass to the edge of Christmas Lake so that our family will
have reasonable access to the lake.
We purchased Block 1, Lot 2 of Ravens wood Estates in April 1995. The property
includes a 10 foot wide, 300 foot long piece of property that provides access to Christmas
Lake (see enclosed plat). As the enclosed photographs indicate, the current vegetation
does not allow for reasonable access to Christmas Lake. We have two children (5 years
old and 2 1f2 years old) who would enjoy fishing and swimming in Christmas Lake. We
would like to put a boardwalk from the edge of the grass to the edge of Christmas Lake so
that our family can reasonably access the lake for swimming and fishing. Although we
could fill up to 2000 square feet of the space in question (existing wetlands) with dirt to
accomplish our goal of lake access, we feel that a boardwalk would accomplish the same
goal but would preserve the wetlands.
If anyone reviewing this application has any questions or comments, we would appreciate
an opportunity to answer such questions or address such comments.
CITY OF CHANHASSEN
690 COULTER DRIYE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
I\PPUCANT:.J.J i l .s II Y A ~ 'f- J ':L ktl ~
I\DDRESS: 10 gs- ~ II !-..lttl t'-
thAn ~ !~ V) J MW ~S311-
rELEPHONE (Day time) L/-1-o - 1t1/1:;-
OWNER: Ja/; l. s~r4'1 +-JfJl 1\i/lJ/
, I
ADDRESS: lOTS- thJl7 LIL~
ik....~~~ I 01.1/ S>.~/1-
TELEPHONE: 1170 - {,O vD
_ Comprehensive Plan Amendment _ Temporary Sales Permit
- Conditional Use Permit - Vacation of ROW/Easements
- Jnterim Use Permit - Variance
_ Non-conforming Use Permit ~ Wetland Alteration Permit
_ Planned Unit Development* _ Zoning Appeal
_ Rezoning _ Zoning Ordinance Amendment
_ Sign Permits
_ Sign Plan Review _ Notification Sign
- Site Plan Review* --2L Escrow for Filing Fees/Attorney Cost**
($50 CUP/SPRlVACNARlWAPlMetes
and Bounds, $400 Minor SUB)
- Subdivision* TOTAL FEE $ 150~
A fist of all property owners within 500 feet of the boundaries of the property must be included with the
application.
Building material samples must be submitted with site plan reviews.
"Twenty-six full size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy of
transparency for each plan sheet.
- Escrow will be required for other applications through the development contract
\I0TE - When multiple applications are processed, the appropriate fee shall be charged for each application.
!- f., ~
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3V
1.DCAT10N
LEGAL DESCRIPTION
TOTAL ACREAGE
WEllANDS PRESENT
)\ YES
NO
pRESENT ZONING ~ Sf
REQUESTED ZONING j( 5 F
PRESENT LAND USE DESIGNATION to oJ Dl "f; {.., t5~; ck... f,' J
JlEOUESTED LAND USE DESIGNATION tov Db.. f ! f; /fd; ck." fid
REASON fOR THIS REQUEST }III- l.J 01,4. ld Ii kJ Iv /hub.. 6l4"'\ A / W ~ ..{-jo_ -I-r>
t.<<. 1~.. J 4.- .,rJ It-../1.. rlJ.1M 'PA,~ ~ (- OkV'
j)rl ~ ti.lt i'( &.1 Itle.. ,f;) p;"/ v:<Jf, ta.. 1J ~ ,,-It. ()vr +A
This aP,plication must be com letee in full and De typewri~n or clearly pnn ed and must e accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning
Department to determine the specific ordinance and procedural requirements applicable to your application.
A. determination of completeness of the application shall be made within ten business days of application submittal. A written
notice Df application deficiencies shall be mailed to the applicant within ten business days of application.
ThiS is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of Tjtle, Abstract of Title or purchase agreement), or I am the authorized person to make
this application and the fee owner has also signed this application.
1 WIll keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
extensions are approved by the applicant.
J ~kHf
1. ~;;
(. Dale
The appDcant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting
Jf not contacted. a copy of the report will be mailed to the applicant's address.
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NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
VVednesday,August5,1998
at 7:00 p.m.
City Hall Council Chambers
690 City Center Drive
Christmas Lake
SUBJECT: Wetland Alteration Permit
APPLICANT: Julie Sprau
LOCATION: 1085 Holly Lane
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicant, Ms. Julie Sprau of 1085 Holly Lane has applied for a wetland alteration permit. This
application proposes to impact approximately 100 square feet of wetland by placing a
boardwalk over a wetland to access lakeshore property. The proposed impact is not
regulated by the State of Minnesota's Wetland Conservation Act (WCA) or the U.S.
Army Corps of Engineers, but by the City of Chanhassen's wetland ordinances.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood about this project. During the
meeting, the Commission Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses project. The commission will then
make a recommendation to the City Council.
Questions and Comments: If you want to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact Phillip Elkin at 937-1900 ext. 105. If you choose to
submit written comments, it is helpful to have one copy to the department in advance of the meeting.
Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on July 23, 1998.
\.;' ~~ .)/ .
.-1~) ~-{)~1 (7-:1 ru~~//
TODD D. NOVACZYK
6371 PLEASANT VIEW COVE
CHANHASSEN. MN 55317
DUANE SMITH
1125 HOLLY LANE
CHANHASSEN. MN 55317
TIMOTHY FOSTER
6370 PLEASANT VIEW COVE
CHANHASSEN. MN 55317
MILES LORD
1 009 HOLLY LANE
CHANHASSEN. MN 55317
JAMES B GREEN
6380 PLEASANT VIEW COVE
CHANHASSEN, MN 55317
JOSEPH N. SCHNEIDER
19555 SILVER LAKE TRAIL
SHOREWOOD. MN 55331
BOB BOWEN
6275 POWERS BLVD
CHANHASSEN. MN 55317
LEE GEORGE
1160 HOLLY LANE
CHANHASSEN. MN 55317
LISA DRILUGEORGE ADZICK
1155 WILLOW CREEK
CHANHASSEN. MN 55317
VINCENT DONOHUE & ANN DEVITT
6209 POWERS BLVD
CHANHASSEN. MN 55317
CAROLYN MCCLURE
1145 WILLOW CREEK
CHANHASSEN. MN 55317
JONATHON SECREST
1 095 HOLLY LANE
CHANHASSEN, MN 55317
BRUCE & TRISH BIRKELAND
1140 WILLOW CREEK
CHANHASSEN. MN 55317
JULIE SPRAU
1 085 HOLLY LANE
CHANHASSEN. MN 55317
CHUCK STRICKHOUSER
1150 WILLOW CREEK
CHANHASSEN, MN 55317
JOHN HAGEDORN
630 CARVER BEACH ROAD
CHANHASSEN, MN 55317
PAMELA MYERS
1115 HOLLY LANE
CHANHASSEN. MN 55317
Planning Commission Meeting - August 5, 1998
WETLAND ALTERATION PERMIT PROPOSES TO IMPACT APPROXIMATELY 100
SQUARE FEET OF WETLAND BY PLACING A BOARDWALK OVER A WETLAND
TO ACCESS LAKE SHORE PROPERTY. THE PROPOSED IMP ACT IS NOT
REGULATED BY THE STATE OF MINNESOTA'S WETLAND CONSERVATION
ACT (WCAl OR THE U.S. ARMY CORPS OF ENGINEERS. BUT BY THE CITY OF
CHANHASSEN'S WETLAND ORDINANCES. 1085 HOLLY LANE. JULIE SPRAU.
Phillip Elkin presented the staff report on this item.
Peterson: That sounds like a very unique solution to a arduous process that the applicant has
been going through.
Elkin: Exactly. It's a very unique situation and again we, when we think of boardwalks on
wetlands, we think of going out a distance to cross a wetland or to get to open water on our lakes.
But it's pretty straight forward so.
Peterson: I assume this is going to look similar to the boardwalk in front of Houlihan's and that
wetland in that area? Similar?
Elkin: Except it's only going to, it only needs to be about you know 6 or 7 feet long. 10 feet at
the most. It's just a section, a dock section really that needs to be laid down over two humps that
has water in the middle and just allow the applicant and her family to get to the lake to fish and
SWim so.
Sidney: Would there be footings?
Elkin: No, I don't think so.
Sidney: No footings?
Elkin: No. Well, did you plan on putting footings Julie? No. It's such a minor, you could just
lay it over to have passage to the lake so.
Peterson: Other questions of staff. Would you like to address the commission?
Julie Sprau: Good evening. My name is Julie Sprau and I'm the applicant, 1085 Holly Lane,
Chanhassen. I believe that the staff report and our application is fairly self explanatory so my
purpose this evening is just to answer any questions, concerns, comments that any of you or
anyone else might have.
Peterson: Questions of the applicant?
Julie Sprau: Thank you.
28
Planning Commission Meeting - August 5, 1998
Peterson: Thanks Julie. This is open for a public hearing. May I have a motion and a second
please.
Sidney moved, Brooks seconded to open the public hearing. The public hearing was
opened.
Peterson: Anyone wishing to address the commission? Seeing none, may I have a motion to
close?
Burton moved, Brooks seconded to close the public hearing. The public hearing was
closed.
Peterson: Commissioners? LuAnn.
Sidney: I guess I don't see any problem whatsoever. Like you said, a unique solution.
Burton: It makes sense to me.
Peterson: Allyson.
Brooks: Good project. A dock is much better than filling.
Conrad: Good solution.
Peterson: I also think that and on behalf of the city and the state, apologize for putting you
through all this. Can I have a motion please.
Brooks: I move the Planning Commission recommends the City Council approve water
alteration permit #98-3 to allow a boardwalk over the wetland.
Burton: Second.
Peterson: Discussion.
Brooks moved, Burton seconded that the Planning Commission recommends approval of
Wetland Alteration Permit #98-3 to allow a boardwalk over the wetland to gain access to
lakeshore. All voted in favor and the motion carried.
PUBLIC HEARING:
REQUEST FOR SUBDIVISION OF OUTLOT B. SARATOGA 1ST ADDITION INTO 2
LOTS: ONE LOT OF 2.75 + ACRES TO BE PURCHASED BY THE CITY FOR
PARKLAND. THE REMAINING 3.45+ ACRES TO BE HELD BY THE OWNER.
DOUGLAS HANSEN FOR THE DEVELOPMENT OF AN APARTMENT BUILDING.
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