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CAS-22_SCHWARTZ, THOMAS & PAULAE , 0 4 .181800� -Oo-. SHEETS) . .................. Flet' ............... L! J WATER ELEV. ON 3/28/94 = \ ♦ .6 S7g•5--; 36.72 - - 982.59 (NGVD 1929) I \ \ t t EYT` 87 �z F �6I a ,o Itp < > o �SC 00.00 `t4� i A6 DRAINAd & ,� '46 1 No 4ErEUTILITY EASEMENT POND 4 y co v cc� ca ,cj p\ ti <v �� ' N824j ��_ WDETLANOD �� / N89 06'01' W SURVEY ro h� <�✓7.89 �30, ryco, �ry rnN / UNE o NtOM/ r IIa v, \ V ��a ?,z � ^� \'` ✓� -, SS ?,2 18.4 I + i40 O 4,41- 42'2 \ 93.6g 3 I � \ ot — (L=66.11 �t,�.• *• a-9�;nnn RR=W7;*19'.17"W DENOTES EXISTING PLANTING AREA IDENOTES EXISTING EASEMENT AREA LEGEND BHH DENOTES BASKETBALL HOOP BEE DENOTES BUILDING ENTRANCE ELEVATION GFE DENOTES GARAGE FLOOR ELEVATION CB DENOTES CATCH BASIN SMH DENOTES SANITARY MANHOLE EM DENOTES ELECTRIC METER GM DENOTES GAS METER TB DENOTES TELEPHONE BOX TVB DENOTES TELEVSION CABLE BOX HYD DENOTES HYDRANT CTLB DENOTES SPRINKLER CONTROL BOX DENOTES EXISTING CONTOURS AC DENOTES AIR CONDITIONER O DENOTES A 1/2 INCH BY 14 INCH IRON PIPE SET IN THE GROUND AND MARKED BY LICENSE NO. 40344 • DENOTES A FOUND IRON MONUMENT LEGAL DESCRIPTION 04 C Lot 6, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, Carver County, Minnesota, according to the recorded plat thereof. �✓X _s r NOTES h/ C 1.) This survev does ° urportto show all underground utilities. The existing utilities shown are shown in an approximate way only. The contractor shall determine the exact location of any and all existing utilities before commencing work. The contractor shall be fiilly responsible for any and all damages arising out of his failure to exactly locate and protect all existing utility facilities. 2.) Contact GOPHER STATE ONE CALL at 651-454-0002 for precise onsite location of utilities prior to any excavation. 3.) A title opinion was not furnished to the surveyor and no specific title search for existence or non-existence of recorded or un -recorded easements has been conducted by the surveyor as part of the survey. 4.) The subject property appears to lie within Zone C, per the National Flood Insurance Program, Flood Insurance Rate Map Community Panel No. 270051 0005 B, dated July 2, 1979 as acquired from the Federal Emergency Management Agency Web Site. 5.) Area: Total Lot Area = 40,652 Sq. Ft. - 0.93 Acres Wetland Area = 5,950 Sq. Ft Net Lot Area = 34,702 Sq. Ft - .80 Acres 6.) Zoning and setback information as provided by the City of Chanhassen PUD - R Front Setback = 30 Ft. Side Yard Setback = 20 Ft. Wetland Buffer= 10 Ft. Wetland Setback = 40 Ft 7.) Survey coordinate and bearing basis is assummed. 8.) Benchmarks Top Nut of Hydrant at 7348 Bent Bow Trail = 1,001.56 Ft Proposed Garage Floor from Certificate of Survey dated March 9th, 2000 = 984.00 Ft. 9.) Minnesota State Statute 383B.603 Subd.2 (Hennepin County Highways) states:'Maps or plats filed for record under this section shall not operate of themselves or transfer title to the property described but such maps shall be for descriptive purposes. 10.) Any modification to this survey or sketch performed by any person other than:the surveyor signing this certification or persons under his direct supervision shall nullify the validity of this survey. Only an original survey with an original wet signature shall constitute valid certification. I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota Dated this 18th day of April, 2006. SATHRE-BERGQUIST, INC. David B. Pemberton Licensed Land Surveyor, Minn. Lie. No. 40344 l $3 -63 �t y 4 + P0- < s ti 3 t r�� 1 is s x 145 =LIQ (a 30T 1/) x� x g,7 ' 3� x3 `(bo UKci 1F qv, 's 3gx3 ;� 6 y- p- = 1 1 0 =Til = 20 10 0 10 20 40 \ I 994'2 110.26 X9814.31 1 �\ 994.9 1 SCALE IN FEET S83016 9 83°16' 4E 9827 I I I T1 o 50 11 �fil "`j X927 I I I 1 h EDGE OF WATER Com) LOCATED 04/17/06 "WETLAND 3 ><9ta�� l �1 \� 993.3 , (Natural) °0 RLS 7009 l �) A-9-8(3) m N o NWL - 983.0 9913.0 I 1 0\�� 1 m 0\ HWL - 983.72 o // X S& 50�� v Nom° /. 9'.I: 999.9 \ 9828 / / ` / � ::: 9 .. - � LA 2, NORTH <'� I G 9824 / q \ p i 988.01. , / $ :....� �\ / 982.8�� X988:4 / EfJ�GE OF \X992.7 >e .983.0 ..... 1,x.....96&5,//PLANTING/ 'S N\ ANO •� O X� ge6-9868 05?.:. AREA / \ o tsv 990.1 983.1 �.,i. "PLANTI 983.2 �gffA �8 . i i. ' 9 ARE ::. / \% 9929 1 91. \ / --- 00 62:8 1s64----� �:..::::::::. G s er/ �1 ®sMH4 \ / / r..:: . � 91.6 ca ot? 986.6 1 t1 ST... f.... ..y, }$ •% X9849-_ / 497 S k.: BBH X 985.1 O N X ... �. : " •� p... s .1., r� . P \ \ 91.3 �i� �:.�e .::PLANTING .. �... yQ S8 p lG LIA, %ir4t4yiy� � X991.5 991.1tfl. 990.8WOOD 4 x 984.8 \ 0� 5.1 x 984.7 C� LTJ a X 984. I O 89°06 01'E 47.89 & 9 t� R � •: � WOOD .BLANT'ER3�98i 1 3p A��®} \ . : : / \ � .. F �� . 0.7 \ f% 9x4.94 gg'S\ 987.0 \ \ 'X' .69 V �w gas y 4: 9843 \ }gam 92ft:4 x 0 / ` ti� �h' 9S�S.9 ssa.i � �a Iga3> .> 2 \ � EDGE OF P 8 8 .6 I X PLANTING AREA } \ / dpe_ .� A` `J g9k• q..: 994.0 :T.yB HYD 989.8Ar \ P }8 Arm p 899966.2 -+p�.ME7L ND SE7AAGr�> 962? \ 6 m� 0= G� ! .�:cO:.. 991.4 O hI ►� aar, - - L T }gess�i1t� .L� :.. mak. /s \ /?} ? `••,I Y \ \98 ! P`� { 1p. .. ��,�4g. I 9'PF"9iJ, �.� $ ! `l,6 7g •� AGI 7 1 E l= g&55}•(y O I \ -X88?.S 1 d8t, t @ 01 2>•\�,v / k }g 5 \\ �•e_ ? KEYSTONE l .� ga�8�\•O Rf(TAINING } F.� }- }\ \ Ar\ WALLS } s PdO° }%, �/ L 0 }C K }eer4 ��?� �2? \\ 141 <1 46AX TB /�DRA/\•\.X981. B`LO� / \/ �AGf /\Jg Ar 9FV , & 3 }gds T Baro 3 / A,g ° }ga'a '1 14\`90 }FO_91��-� / �� {•Y/ 1 200 �SFy \ } /� 'eR 43� 3'0• C �Hs C oo Q/C C 980.5 074 89 79.1 g>e° 7a.sl 9 `97 g>8 i} ? , 9 V 4 \- %- Ce .9 a>8/ ��Q* }g>e6 70 \ 979.9 ' Y `S60 77.1 X977.7 110'f <, \ 77 a \ \ 77.0 1 T \ 9775.8 \ / / \ x978.3 \ �/ --976- 4V/ -976- cow 7 �,1 4 g>a��HYD 976.1 \ W444 A/ � 1 a •F \ 975.8 \ J V ,G \ 1 r� \ \ \ CB CITY OF CHANHASSEN RECEIVED MAY 1 \ 7 2006 CHANHASSEN PLANNING DEPT \ \ SCANNED REVISIONS Added Wetland Info RSM 04-26-06 • U0 o 0 ZC° c>? ti w i` CV at 0 U) 0 M L0 toZ O L.1_ r^ V H Q U) � MW W Q 1 � Q �W/ I..L. U o lb I" E- Q O ^ V'J o to U) 6 Q,��oRs Z {� l o 114 3 N3 DE ti J M <LO f- O� m W zU) Z U) W Q m = (0 Z 1` Q ti 2 U vnnvv,� TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET OF Z > O L.1_ U) F- O 0 < 0Q LL � U o } = W Q U'^^ U) �0 O � MO W O 06 ti J M <LO f- O� m W zU) Z U) W Q m = (0 Z 1` Q ti 2 U vnnvv,� TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET OF DENOTES EXISTING PLANTING AREA II DENOTES EXISTING EASEMENT AREA LEGEND BHH DENOTES BASKETBALL HOOP BEE DENOTES BUILDING ENTRANCE ELEVATION GFE DENOTES GARAGE FLOOR ELEVATION CB DENOTES CATCH BASIN SMH DENOTES SANITARY MANHOLE EM DENOTES ELECTRIC METER GM DENOTES GAS METER TB DENOTES TELEPHONE BOX TVB DENOTES TELEVSION CABLE BOX HYD DENOTES HYDRANT CTLB DENOTES SPRINKLER CONTROL BOX W W DENOTES EXISTING CONTOURS AC DENOTES AIR CONDITIONER 2m DENOTES A 1/2 INCH BY 14 INCH IRON PIPE SET IN THE O GROUND AND MARKED BY LICENSE NO. 40344 9 DENOTES A FOUND IRON MONUMENT LEGAL DESCRIPTION Lot 6, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, Carver County, Minnesota, according to the recorded plat thereof. NOTES 1.) This survey does purport to show all underground utilities. The existing utilities shown are shown in an approximate way only. The contractor shall detemvne the exact location of any and all existing utilities before commencing work_ The contractor shall be fully responsible for any and all damages arising out of his failure to exactly locate and protect all existing utility facilities. 2.) Contact GOPHER STATE ONE CALL at 651-454-0002 for precise onsite location of utilities prior to any excavation. 3.) A title opinion was not furnished to the surveyor and no specific title search for existence or non-existence of recorded or un -recorded easements has been conducted by the surveyor as part of the survey. 4.) The subject property appears to lie within Zone C, per the National Flood Insurance Program, Flood Insurance Rate Map Community Panel No. 270051 0005 B, dated July 2, 1979 as acquired from the Federal Emergency Management Agency Web Site. 5.) Area: Total Lot Area = 40,652 Sq. Ft - 0.93 Acres Wetland Area = 5,950 Sq. Ft. Net Lot Area = 34,702 Sq. Ft - .80 Acres 6.) Zoning and setback information as provided by the City of Chanhassen: PUD - R Front Setback = 30 FL Side Yard Setback = 20 Ft Wetland Buffer= 10 Ft Wetland Setback = 40 Ft. 7.) Survey coordinate and bearing basis is assummed. 8.) Benchmarks: Top Nut of Hydrant at 7348 Bent Bow Trail = 1,001.56 Ft Proposed Garage Floor from Certificate of Survey dated March 9th, 2000 = 994.00 Ft. 9.) Minnesota State Statute 383B.603 Subd.2 (Hennepin County Highways) states: Maps or plats filed for record under this section shall not operate of themselves or transfer title to the property described but such maps shall be for descriptive purposes. 10.) Any modification to this survey or sketch performed by any person other than the surveyor signing this certification or persons under his direct supervision shall nullify the validity of this survey. Only an original survey with an original wet signature shall constitute valid certification. I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 18th day of April, 2006. SATHRE-BERGQUIST, INC. David B. Pemberton Licensed Land Surveyor, Minn. Lic. No. 40344 20 10 0 10 20 40 \ I \ S8301640 9817 198 �6 x 31 I I } \ o> SCALE IN FEET o $, X 9827 I G' LOCAATEEDD o4/ /06 I �� I I o N Z�4X .5 \ X993., ' 99 WETLAND 36 1 1 (Natural) A-9-8(3) I g N NWL - 983.0 c� H WL - 983.720 / / " .5 a 9828 NORTH 9824 / P G / x 984/ 960.0 JM/GE OF ` $m.. C) x9927 t' P 9828 988.5 -/PLANTING K: ,.. �� ,w 983.0 9tt6.8 .. 1•..':i:. i/ AREA ...... -i`2o7. ............ 990.1 / \ co \ - - 828 - MX is`98 0 \:. �: :. 0 ARE,,.::....... -:C-: - 1L6 ► �\ 6 / .. 84-- / ...\OFGk•a GP :'j ::.: { \ T .. .:::::.... 9x84.9 / .. ........... -- £ - - >r-..:::... x 985.10 N 4�ri: PLANTING _AREA:::{. .':::::::i':rii�ii�9940. 5.1 �\\N X 984.8 x 984.7 C� LIJ .. .... WOOD .....�y b ........ .: ..:99}:9 d'X °�-_-_- :-::PLANTERS_:::,Y� :� �� 1• f 9 O6' Of E 47.89 zzix 144 Ar Q.:; NOOp ptAN11`RS'.fS\ 987.0 x f \::.E:. .117. •.. .. .... X 93f0 / 5 it :::.:'_,^::::':.:: �: r::.-. 3 \ 4'g� 9�c4 9842 8� )... ? a, \ / }mss g PLANOF - &e Ar 1 8 3 AREA 9g* `S } I }gam I 8@37 /? \ - E •A Fy yC 9962 1 1 1 50 \ 993.8 \ ta 1.3 I��j� \ "� ;RLS 7009 tro G � .> ' 991.9 \ Ut 9�•7 1 0 `I'C 9929 1 91. - / �� ® S4 MH \ / 1.8 \ 3H5 \ 991.3 •\\tf1 991J / 990.8 J F \ 9t)S.9 .7 \ 994.0 :TVA HYD 989.8 e TB ., \ \ r 9 \ 0" BEE'- .�' . A 994.4 _� IIt71A/� SF1HApl > \ 6 \ B 7i sF- 0) zet\ 1 AJr 4Y � r L'� aL \ 3 �� _ l r.... ee a y g2 k2? �`"lb '� } +e %. ��k cM e9v I PFyti�y \969.8 1 �2q 8 h g a 8825 �ml \ �3 \ \ 0' 5 94t9 eg2S y }83jB �h\ +aux?\ 1 k gam) \ KEYSTONE Jr \ 3 ? m ► m \ / J �k•( / k TAINING 'a k I s kms\ o ,r R�\ WALLS qe1, 3 '� \� \ Jr d � L� �/ Iii }ms's \\\ / / \ / Q Ar k� 985.0 984.9 / Rg1NAG / \g k3 a. �� q� �y / \ ee2g U \.,I SBQS / X1,3 �p t20 }9B�e Ar xgep., x984. ` .9 k�0, / f 'CO`- / 4 ilk / p a` 0 40 6 / qse \ �� 8go3 cr T c1 \\L'.BRG,o43 3*Y� }g�ae "'FNT �XejgB �s + / ` l O g� .� Ar 985.0 I �C L, SSOp/4 8g 79.1} eo 78.81 a�e3 / 9> k _ 9829 48 jN �9� 977.9CB $B/ i \ 9 rl h� // 1 ° /�17o \ 979.1 / 1 77.1 f -978� x977.7 101 \ / ^ V / v/ 77.0 y� \\ 8.1 q \ \ 975.8ce \ / q / \\ x93 \\ / -976- - / T 4 / \ CITY OF CHANHASSEN / V a HYD \ / RECEIVED / 1 J ^ a.N . 976., 1. 4 99775.8 \ MAY 1 7 2006 CHANHASSEN PLANNING DEPT \ XejBe \ \ REVISIONS Added Wetland Info RSM 04-26-06 • U O � 0 Z CID C%J 0) VJ M M rn O Z r^ V Q Q QU) > MW W >- W W O 2m >Q J _ p 0 ��a/� VJ O LO W a U folks Sys J ++ o. 3 A/3 DE ch LO H O� m W H U) Z U) Wa m = CO Z ~U LJRHYYIY TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 OF 1 Z O OL QU) I- I..L 0 >Q J _ p W a U Q W Cl) D_ Z O O O0 m 06 ch LO H O� m W H U) Z U) Wa m = CO Z ~U LJRHYYIY TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 OF 1 6/27/2006 Tom - Please take a look at the attached survey. I have highlighted features and areas for your reference. The attached survey indicates the alternative staff has determined acceptable to allow you to keep the gazebo as it is currently situated. The alternative will be offered as an alternative for council to consider. If this alternative is acceptable with you and your wife the City will place the item on the consent agenda for the July 10`h meeting. The alternative that staff will recommend to Council should they choose to approve the variance would include the following: 1) Remove the patio/firepit from the wetland buffer and wetland buffer setback (see attached survey for acceptable area for patio/firepit). 2) Remove planting area within the wetland buffer and re -seed with BWSR U8 or U12 Mix (Or similar MNDOT Mix). If you have particular native plants (non- invasive) you would like to see in the buffer feel free to include that in the seed mix. 3) Remove raised bed gardens from wetland buffer and wetland buffer setbacks. These can be placed in the same acceptable area as the patio/firepit. 4) Building permit and final approval are needed for the gazebo. 5) Encroachement agreement is needed for the gazebo (drainage and utility easement and conservation easement) This alternative will allow you to keep your gazebo in place as a conforming structure. If you and your wife agree with this alternative the City will place the item on the consent agenda for July 100 recommending this option for approval. This will likely reduce the chance that you will have to re -present your variance request to Council. If the alternative is not acceptable it will be placed on the regular agenda and we will need to present the request for a variance to Council with a staff recommendation for denial. If the alternative appears to be acceptable with you please notify me as soon as possible on Wednesday June 28'h to notify me of your decision. If I do not hear from you by Thursday morning I will follow up with a phone call. Regards, Don Asleson 952-227-1106 Chanhassen Natural Resources Tech. CHAPTER 3: Seed & Seed Mixes Mixture US (BWSR Native Mesic Prairie) Common Name Botanical Name Seeds/oz. SeedsKt' % of Mix Bluestem, big Andropogon gerardi 10,000 3.3 6.00 Oats' Avena sativa 800 1.8 40.00 e (3o Wild rye, Canadian Elymus canadensis 5,200 2.3 8.00 b a o Wheat grass, slender Elymus t2chycaulus 6,900 3.8 10.00 m o O Rye grass, annual' Lolium ifalicum 20,000 11.0 10.00 Switch grass Panicum virgatum 14,000 0.8 1.00 Bluestem, little Schizachydum scoparium 15,000 8.3 10.00 Indian grass Sorghastrum nutans 12,000 6.6 10.00 Aster, smooth -blue Aster laevis 55,000 0.3 0.10 Milkvetch, Canada Astragalus canadensis 17,000 0.7 0.80 Prairie dover, purple Dalea purpureum 18,000 0.7 0.70 Tick -trefoil. showy. Desmodium canadense 5,500 0.2 0.70 Sunflower, early Heliopsis helianthoides 6,300 0.2 0.70 a° Bergamot, wild Monarda fistulosa 70,000 0.8 0.20 Black-eyed Susan's Rudbeckia hirta 92,000 1.0 0.20 Goldenrod, stiff Solidago rigida 41,000 1.1 0.50 Vervain, hoary Verbena sMcta 28,000 0.8 0.50 Alexander's, golden Zizia aurea 11,000 0.4 0.60 Total: 100.0 Recommended Rate: 15.0 (PLS Its/acre) Summaries Mix Seeds Per Square Foot Mix Seeds Per Square Yard Mix Seeds Per Acre 44 397 1,920,144 % by wt. Grasses % by wt. Cover Crop % by wt Forbs 45.0 50.0 5.0 % by Seed Count Grasses % by Seed Count Cover Crop % by Seed Count Forts 55.0 30.0 15.0 R. Jacobson. WeVand ReV..fb & Management Page 36 0 70 CHAPTER 3: Seed & Seed Mixes Mix U12 (Construction/Disturbed Area) -New Jan, 2006 Common Name Botanical Name % of Mix Seedslfootz PLS lbs/acre Oats Avena saliva 20.0 1.2 4.00 Wheat, winter Trflicum aestivum 20.0 1.2 4.00 Rye-grass, annual Lolium italicum 8.0 5.4 1.60 Grams, sideoats Boute/oua curtipendula 8.0 3.5 1.60 Wild -rye, Canada Elymus canadensis 8.0 3.1 1.60 Wheat -grass, slender Elymus trachycaulus 10.0 5.1 2.00 Wild -rye, Virginia Elymus virginicus 8.0 8.3 1.5 Bluegrass, fowl Poa palustris 6.0 52.0 1.20 Bluestem, little Schizachyrium scopanum 10.0 11.0 2.00 Prairie clover, purple Dalea purpureum 0.6 0.8 0.12 Sunflower, early Heliopsis helianthoides 0.6 0.3 0.12 Bergamot, wild Monarda fistulosa 0.2 1.0 0.04 Black-eyed Susan Rudbeckia hirta 0.4 2.7 0.08 Vervain, blue Verbena hastata 0.2 1.4 0.04 Totals: 100.0 97.0 20.00 Rate MO .0 PLS Ibslacre Note: All native grasses and (orbs to be supplied as MN Yellow Tag Mixture Wt germinated on a mudflat prior to water level being raised R. Jacobson. Wetland Reaiorat, 6 rdaaagemen[ Page 33 of 73 DENOTES EXISTING PLANTING AREA DENOTES EXISTING EASEMENT AREA LEGEND BHH DENOTES BASKETBALL HOOP BEE DENOTES BUILDING ENTRANCE ELEVATION GFE DENOTES GARAGE FLOOR ELEVATION CB DENOTES CATCH BASIN SMH DENOTES SANITARY MANHOLE EM DENOTES ELECTRIC METER GM DENOTES GAS METER TB DENOTES TELEPHONE BOX TVB DENOTES TELEVSION CABLE BOX HYD DENOTES HYDRANT CTLB DENOTES SPRINKLER CONTROL BOX W W DENOTES EXISTING CONTOURS AC DENOTES AIR CONDITIONER DENOTES A 1/2 INCH BY 14 INCH IRON PIPE SET IN THE O GROUND AND MARKED BY LICENSE NO. 40344 • DENOTES A FOUND IRON MONUMENT LEGAL DESCRIPTION Lot 6, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, Carver County, Minnesota, according to the recorded plat thereof. NOTES 1.) This survey does purport to show all underground utilities. The existing utilities shown are shown in an approximate way only. The contractor shall determine the exact location of any and all existing utilities before commencing work. The contractor shall be fully responsible for any and all damages arising out of his failure to exactly locate and protect all existing utility facilities. 2.) Contact GOPHER STATE ONE CALL at 651-454-0002 for precise onsite location of utilities prior to any excavation. 3.) A title opinion was not furnished to the surveyor and no specific title search for existence or non-existence of recorded or un -recorded easements has been conducted by the surveyor as part of the survey. 4.) The subject property appears to lie within Zone C, per the National Flood Insurance Program, Flood Insurance Rate Map Community Panel No. 270051 0005 B, dated July 2, 1979 as acquired from the Federal Emergency Management Agency Web Site. 5.) Area: Total Lot Area = 40,652 Sq. Ft. - 0.93 Acres Wetland Area = 5,950 Sq. Ft. Net Lot Area = 34,702 Sq. Ft. - .80 Acres 6.) Zoning and setback information as provided by the City of Chanhassen: PUD - R Front Setback = 30 Ft. Side Yard Setback = 20 FL Wetland Buffer = 10 Ft. Wetland Setback = 40 Ft. 7.) Survey coordinate and bearing basis is assummed 8.) Benchmarks : Top Nut of Hydrant at 7348 Bent Bow Trail = 1,001.56 FL Proposed Garage Floor from Certificate of Survey dated March 9th, 2000 = 994.00 Ft. 9.) Minnesota State Statute 383B.603 Subd.2 (Hennepin County Highways) states: Maps or plats filed for record under this section shall not operate of themselves or transfer title to the property described but such maps shall be for descriptive purposes. 10.) Any modification to this survey or sketch performed by any person other than the surveyor signing this certification or persons under his direct supervision shall nullify the validity of this survey. Only an original survey with an original wet signature shall constitute valid certification. I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 18th day of April, 2006. SATHRE-BERGQUIST, INC. David B. Pemberton Licensed Land Surveyor, Minn. Lic. No. 40344 20 10 0 10 20 40 SCALE IN FEET NORTH l�G$�8_ `J 5,1 5., x 985.1 r (- x 984.8 Gi x 984.7 C-) Q ,I, �L X 984. 11 X994.) 3 1 I \ 994.9 p x 9 6 S83016'� W 1 QSZ7 X 9827 I I ► 1 u EDGE OF WATER LOCATED 04/17/06 S i i \ 5 0 x993., I WETLAND 3 9628 / m ma \ m I (Natural) �A 1 I 1 N I A-9-8(3) �. ` / I \ o`a� NWL - 983.0 0� 983.0 HWL - 983.72 / 828 P G 9824 / i 988.0/ / y x988:4 986.5 E[fGE OF / \ 27 r- '0�\ ' ;.� 983.0 9828 -.. f:g17 . r::. ✓ / AREAn 9w. AREA :�.b2o5:-. 990., / \ ..- RE 28 � 983.987.0 . ...J':::.ir: rrrc. ng A 61 984- - J \ /OfClr'•� G S: i:: _::::::;::::: =: y::-. X7.5 ye 9 69 ;' 988.8 , . .o T f :.:A:7`::_::}: 9 _ 7 1 50 \ 993.8 \ 1.3 Q \ ,v RLS 7009 00 O \ 0 (72 9 1.7 0 9929 1 �36 (&991.4 \ / 3H5 \ 999 1.3 •\\tJl `\ \ �G \ �,pi 991.5 991.10 990.8 less i s 90 .7 \ 9h.9 3.8 \ NIN\ O \ 990.7 994.0 �:'Fy9. HYD 989.8 \ 78 i ► : ' \ \ p A �0 pG BEES :viii{ 99{.4. -1 xenAAV �ak it 9 +2 �� :.yb+:::: �gv I 'P�„9y�y \ 989.8 .(v brn $ g8 k ? �' kg kgs ` a �6 �, i z, .e �. e2s �! e 7a �g�a �P ,� k�e i k�\ � � izo Ar 9a Je fkEEYSTONE Yv k O 'zk� \ r/AININ / k�8 13 A.\\ \t0 RTTWALLS 00 1 # \ q � \ Xgej? I 3 '>\ \ .Y\mss � PG/OGJh.g ' L xC �{ gejs / /k B' kgejv I } L ep �i kg l DRAIN \ kgeja k s a �. \ e2"/ C5 OSn.9 AG /\ Jr A� / f 7 X7,0 1 / \ Ar 820 k'848 i/C/TY \ \�9 I k9oo3 / \ .Y p098 ' / 1Ali4,, / 2004 �ro �Hss Glc o0 ke> I u Ar /r CCi 980.s ) , 89 79.1 go ;8.B aw.v SMH 97 9829 S1 ® '\" 977.2 '`D��t; kg>&,s 1 rl �- \ a>e.?\Fro 4, r .1701 \ 979.1 / \ /V `SS0 77.1 1. 4 `` x977.7 R�%y IF 1 4 <1 / \ 77.0 �$ \\ 6 \ \ 1 T \ \ \\ 9 \ 75.8 97 / \ X 973 \ --976-- \ CITY OF CHANHASSEN RECEIVED v HYD \ MAY 1 7 2006 / h A >Ba� 976.1 \ / CHANHASSEN 7PLANNING DEPT L ^ / 1 �1 \ ' 9,(.85.8 f\ \ ka>8. e \ \ REVISIONS Added Wetland Info RSM 04-26-06 • UC) o O ZtO to N VJ O CO LO Z rn V Q Q } OW MW W >- W W Q 'Z) U) J 2m J �z tt7 UQO 0 U) O LO H r yORS Sb� h A. 3 1)/O 5\G�� N3 DE Wr Vvll TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 OF 1 W OW N Q 'Z) U) J J �z tt7 UQO 0 LLQ H J 0 o - W r, U ED zU) z Q d W m= o_ Z Z O Mz "U 00 I - m f_ 06 Wr Vvll TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 OF 1 DENOTES EXISTING PLANTING AREA DENOTES EXISTING EASEMENT AREA LEGEND BHH DENOTES BASKETBALL HOOP BEE DENOTES BUILDING ENTRANCE ELEVATION GFE DENOTES GARAGE FLOOR ELEVATION CB DENOTES CATCH BASIN SMH DENOTES SANITARY MANHOLE EM DENOTES ELECTRIC METER GM DENOTES GAS METER TB DENOTES TELEPHONE BOX TVB DENOTES TELEVSION CABLE BOX HYD DENOTES HYDRANT CTLB DENOTES SPRINKLER CONTROL BOX W W DENOTES EXISTING CONTOURS AC DENOTES AIR CONDITIONER 2 DENOTES A 1/2 INCH BY 14 INCH IRON PIPE SET IN THE O GROUND AND MARKED BY LICENSE NO. 40344 • DENOTES A FOUND IRON MONUMENT LEGAL DESCRIPTION Lot 6, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, Carver County, Minnesota, according to the recorded plat thereof. NOTES 1.) This survey does purport to show all underground utilities. The existing utilities shown are shown in an approximate way only. The contractor shall determine the exact location of any and all existing utilities before commencing work. The contractor shall be fully responsible for any and all damages arising out of his failure to exactly locate and protect all existing utility facilities. 2.) Contact GOPHER STATE ONE CALL at 651-454-0002 for precise onsite location of utilities prior to any excavation. 3.) A title opinion was not furnished to the surveyor and no specific title search for existence or non-existence of recorded or un -recorded easements has been conducted by the surveyor as part of the survey. 4.) The subject property appears to lie within Zone C, per the National Flood Insurance Program, Flood Insurance Rate Map Community Panel No. 270051 0005 B, dated July 2, 1979 as acquired from the Federal Emergency Management Agency Web Site. 5.) Area: Total Lot Area = 40,652 Sq. Ft. - 0.93 Acres Wetland Area = 5,950 Sq. Ft. Net Lot Area = 34,702 Sq. Ft. - .80 Acres 6.) Zoning and setback information as provided by the City of Chanhassen: PUD - R Front Setback = 30 Ft. Side Yard Setback = 20 Ft. Wetland Buffer= 10 Ft. Wetland Setback = 40 Ft. 7.) Survey coordinate and bearing basis is assummed. 8.) Benchmarks : Top Nut of Hydrant at 7348 Bent Bow Trail= 1,001.56 FL Proposed Garage Floor from Certificate of Survey dated March 9th, 2000 = 994.00 Ft. 9.) Minnesota State Statute 383B.603 Subd.2 (Hennepin County Highways) states: Maps or plats filed for record under this section shall not operate of themselves or transfer title to the property described but such maps shall be for descriptive purposes. 10.) Any modification to this survey or sketch performed by any person other than the surveyor signing this certification or persons under his direct supervision shall nullify the validity of this survey. Only an original survey with an original wet signature shall constitute valid certification. I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 18th day of April, 2006. SATHRE-BERGQUIST, INC. 0 David B. Pemberton Licensed Land Surveyor, Minn. Lic. No. 40344 20 10 0 10 20 40 SCALE IN FEET 5.1 Gi L rJ c, VC J NORTH C) 1 X WJ \ S83016'4E 19806 x881 2-24.3 \\ e I I I N 50 X 982.7 .P • EDGE OF WATER N LOCATED 04/17/06 F i i yI S 4x 5 I �x 993.1 P I I ' 993.3 Q WETLAND 3 982.8 m I 993.4 .0 W (Natural) �A i I RLS 708 A-9-8(3) NWL - 983.0 0� ea3.o� r HWL - 983.72 / / x85.�� b � Y P G982.8 9824 x 988'4/ 988.0 EdGE O`x 992.7 / N® .. \ N ;u P... 983.0 �/ 998./1`� 988.5 j pREAn /G/ �,O .PLAN TI 990.1 / \ r _'::':. � --.PLANT] \ �--- - 8 /- 983x� �gBN �98 0 . ' :. fir, .�0 6 AREA::: r:-: ri.i :: TLB 90� A 6\ / / 992 0 LrJ 1 1 993.8\\ 9 \ ' oN Lo \ 0 � 991.9 \ 6 ' 991.4 \ / to JOfCIC'.' P'1' ::' :::::'. 99�'S '1 0 993.5 •Q \ - - - 985.8 -` �� 1 G ST-.. - �:S....:.: BBH \ 991.3 to ........... "� X r.. 1: P B ■ sss.t w .::::::::::.........:::::..:: �� i lJ� �C oI PLANTING_AREA:_.{r. � r._��v: �_:::: X 984.8 �J > X 984.7 C-) CJ c� X991.5 �•1 990.8 \ tL op / \i F 984.2 \ 1 1.@ i -`it) -RTS T%�? \ it \ EDGE OF ' Ix \ PLANTING - j33 / a• �``! •� �d Ac^ �S)j 9'' a s k 1 *%.0 %OAREA 998 2�` 990.7 \ .... \ 994.0 TVB HYD 989.8 m TB •e \ 1 MERAW } k 8 \ Bp�c� BEAL rr E�� "00 O I r 8@? L h ? e »- 'l _: r.... v ,p 9 989.8 'Ar VA +) 0 a kaA• l� NO ))Ar 19@?S��O / hBI , \\ }s X? \ "TONE ��v ► m .�5.�\t';� \ J Ck( / k@ 13 �\\ 0 r �TWANING LLS Ica\ �?? \\ �/ 190 \ 13 L � ///\\\ / �I / I 84.9 .4 / \%.4p 1 ` 4\/ / \ -// Ar eary/& \a I }ams T O ale 3 LO `4`9040 k@ / q F@OO��-��/ p�3 -.1ZT pr' `� / °43.? 0 k9A a MFNT �lka�e@ / \ } ' 'y 0' OO ka> I u ka \ moo, 1 �• / S� Q 8 79.1 80 078.8 X8,3 / �CA 900.5 7. '499j a VV/�'`•a CB �/ I' \�2• hates L C L 4 / If 70 \ 979.1 ` StSO 77.1 \ :.i 4/ AJ x977.7 41 \? / \ 77.0 75.8 CCB / n \ x93 CITY ov RECEIVED SEN L &,>a 6. HYD 978.1 \ 4 �1 k` CCB75.8 PLANNING DEPS r 0 \ \ REVISIONS Added Wetland Info RSM 04-26-06 • CU O O Zm COCO W N 1 U) 0 U') LOM 0W Z Q U) W� W >- W W O 2 m 2 F_ _ p 0 U) O � W Q r yOF's J tity ++_ > a cA 3 N3 D� v wvrry TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 OF 1 W 0W Q U) 0 U_ >Q J _ p = W Q U Q w V) D_ Z O O 00 H CO 06 v wvrry TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 OF 1 DENOTES EXISTING PLANTING AREA DENOTES EXISTING EASEMENT AREA LEGEND BHH DENOTES BASKETBALL HOOP BEE DENOTES BUILDING ENTRANCE ELEVATION GFE DENOTES GARAGE FLOOR ELEVATION CB DENOTES CATCH BASIN SMH DENOTES SANITARY MANHOLE EM DENOTES ELECTRIC METER GM DENOTES GAS METER TB DENOTES TELEPHONE BOX TVB DENOTES TELEVSION CABLE BOX HYD DENOTES HYDRANT CTLB DENOTES SPRINKLER CONTROL BOX � DENOTES EXISTING CONTOURS AC DENOTES AIR CONDITIONER DENOTES A 1/2 INCH BY 14 INCH IRON PIPE SET IN THE GROUND AND MARKED BY LICENSE NO. 40344 • DENOTES A FOUND IRON MONUMENT LEGAL DESCRIPTION Lot 6, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, Carver County, Minnesota, according to the recorded plat thereof. NOTES 1.) This survey does purport to show all underground utilities. The existing utilities shown are shown in an approximate way only. The contractor shall determine the exact location of any and all existing utilities before commencing work. The contractor shall be fully responsible for any and all damages arising out of his failure to exactly locate and protect all existing utility facilities. 2.) Contact GOPHER STATE ONE CALL at 651454-0002 for precise onsite location of utilities prior to any excavation. 3.) A title opinion was not furnished to the surveyor and no specific title search for existence or non-existence of recorded or un -recorded easements has been conducted by the surveyor as part of the survey. 4.) The subject property appears to lie within Zone C, per the National Flood Insurance Program, Flood Insurance Rate Map Community Panel No. 270051 0005 B, dated July 2, 1979 as acquired from the Federal Emergency Management Agency Web Site. 5.) Area: Total Lot Area = 40,652 Sq. Ft. - 0.93 Acres Wetland Area = 5,950 Sq. Ft. Net Lot Area = 34,702 Sq. Ft. - .80 Acres 6.) Zoning and setback information as provided by the City of Chanhassen: PUD - R Front Setback = 30 Ft. Side Yard Setback = 20 Ft. Wetland Buffer = 10 Ft. Wetland Setback = 40 Ft. 7.) Survey coordinate and bearing basis is assummed. 8.) Benchmarks: Top Nut of Hydrant at 7348 Bent Bow Trail = 1,001.56 Ft. Proposed Garage Floor from Certificate of Survey dated March 9th, 2000 = 994.00 Ft. 9.) Minnesota State Statute 383B.603 Subd.2 (Hennepin County Highways) states: Maps or plats filed for record under this section shall not operate of themselves or transfer title to the property described but such maps shall be for descriptive purposes. 10.) Any modification to this survey or sketch performed by any person other than the surveyor signing this certification or persons under his direct supervision shall nullify the validity of this survey. Only an original survey with an original wet signature shall constitute valid certification. I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 18th day of April, 2006 SATHRE-BERGQUIST, INC. David B. Pemberton Licensed Land Surveyor, Minn. Lic. No. 40344 zo to 0 10 zo 40\ S83016 -487W "....'726 x9q'.3 i i �\ s�.s SCALE IN FEET I J L rn iM71 EDGE OF WATER - C-) LOCATED 04/17/06 yF `, 5 I I \ YI \ o f x993.1 / Lw� A, ,v lrJ 19828 I 1 I 993.3 WETLAND 3 mI (Natural) � .t �y RLS � 1 I � � 1 N WL - 983.0 0 9s3.o/ H WL - 983.72 / / )X85.5 828 \ NORTH ' <1 98/4/ 0P � \ /x 99 27 928 9884x0 'EdOF/ 99tn 1115 R- 988.8 AREA : $Ym � / 0 5 :: .1_ .PLANTI983.- x/age 6AREq / - max- - -983.2 %987.0 � ... \� . O ...J :::::::: ng 1 50 993.8\\ N \ 0 \ , 7� \ ' �I \ vN '� 00 0 \ 0 I. 991.9 \ L" Z s \ 9�7 1 0 9929®H4 \ / X984- - / \ f�k:� ::.�:::::::::::::.; :. 4gti ye 993 .5 \ 1.e �iA " -:x raJ}� BBH 9991.3 ..... .. z.. P N � X 985.1 ,�. '.... t '1� O --- ° 9908 :.:PLANTING. -.....:�::::::::......:::::::•(N .._.. \� 1 S3_ .::. PiGsi 3„ N WOOD ......................... f ...... :99}:9 .. G : r 6. _994 :.: ff...:... :: 1�G= s x,384.8 e}x ;:: 2 ii� ° ='I`.:::: ..9 06'07 E 47.89 - ,. Q::'. �3\ \a ��• .:.:-y�." yp9 "i .::0 .... �, -.:�1 ..: (n - •yam �J 'O 9 s 5.1 (a� _ a':`-'-' ,i.W00D,BLfcNT1`R=-rrrrr. �'' segs5\ 987.0x: \ \ x 9 x 984.7 t': \ :;:: C� s :........: t..::. s :. ... ' ftK \ 946:4 ..................................... \ 984 2 0 e g 991.1 \ 90.7 \ \ J \ g EDGE aF k I \ �� <^ ►g .. .... 989.8 986.0 / I PLANTING-' ae? 3 }•3 \ •'p �� rPf - 994.0 \ FE ° I k AREA .r / ka8y: \ BFe'� ��y 9: m _ Bulb ro ti� C aef,sk ,/ I ae,�p I L/ 'p" ? ` \. ti>'4r 9962 t� y k TB V \ BEES <_ ME \ pfJLAWD SE79AAY _ L k'I ?�j \ }8 \ ! _ �::: M � J Y 989.8 ey 0 Lt }iia F P �j k e I k k } ?\1 m o CP fav \ r J 2e 1 s8?ks\Z�O k \ & s? KERYSTONTAIAIN E ��° ► j o= ?'- \ '^ �v k 8 \ p �NG '�- / I v �•s �''@ k k \ \'\ k \WLLS 9e # M4, R\ 4, � \ / � \ O OG kae3 / C T a8,s a�,\ tea? \\ \/ Igo \ 5/ i" / B L ks"', / p�Pqk / / }ae,e �I r., '� DR, �\ /e ^/\ kart /\ y�oT13'L / 985.0 ':la-,..; 'N / \figs 4 Jr AS / \ er \ 3 k .�t� � �0 X873 / \00 ?e ke8j8 �T,4/ty Ara.- BII� s kaeo.so x984.1 90.40 oo /0 y -t%.& 90 -zp\aX-d79�8j r aR43. C 30O66O80 79.1 a,go9e5.o 9W.50 748 977.9ages CB / / / / / T ` \tea• ,l t✓ 41 / 979.1 1 SSo 77.1 ^ A) -9'78r- x977.7 -� 1.f l \ / v' /l `.� / \ 77.0 y� \ 6.1 \ / 1 T \ \ \\ 99775.8 \ / x9 3 \ ---976-- \ 4V/ \ �1 B HYD \ / BB/. 976.1 \ 5.8� / �1 \ I CB < CITY OF CHANHASSEN 1. � \ l \ RECEIVED ~ \ MAY 17 2006 kelp L? \ \ \ CHANHASSEN WARNING DEPT ka>BB \ \ REVISIONS Added Wetland Info RSM 04-26-M • UCD O O ZCIS co N � rn V! O Cl) LID 0 Z � (Drn ~ V) W I�-/ 1..1 W Q 1 � NW L.I. O o' 2 °° Q U '^ vJ O � yOFts Sys + J (++- -3 j0 V3 N3 D� J Lf Ln I- O� Dn Z H III U) Z U) W Q 00 = (0Z ~U UR VVN TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 of 1 Z> O W V) I�-/ 1..1 0 LL Q Jr W Q U a j0 O O0 H m F- 06 J Lf Ln I- O� Dn Z H III U) Z U) W Q 00 = (0Z ~U UR VVN TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 of 1 DENOTES EXISTING PLANTING AREA DENOTES EXISTING EASEMENT AREA LEGEND BHH DENOTES BASKETBALL HOOP BEE DENOTES BUILDING ENTRANCE ELEVATION GFE DENOTES GARAGE FLOOR ELEVATION CB DENOTES CATCH BASIN SMH DENOTES SANITARY MANHOLE EM DENOTES ELECTRIC METER GM DENOTES GAS METER TB DENOTES TELEPHONE BOX TVB DENOTES TELEVSION CABLE BOX HYD DENOTES HYDRANT CTLB DENOTES SPRINKLER CONTROL BOX DENOTES EXISTING CONTOURS AC DENOTES AIR CONDITIONER DENOTES A 1/2 INCH BY 14 INCH IRON PIPE SET IN THE O GROUND AND MARKED BY LICENSE NO. 40344 • DENOTES A FOUND IRON MONUMENT LEGAL DESCRIPTION Lot 6, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, Carver County, Minnesota, according to the recorded plat thereof. NOTES 1.) This survey does purport to show all underground utilities. The existing utilities shown are shown in an approximate way only. The contractor shall determine the exact location of any and all existing utilities before commencing work. The contractor shall be fully responsible for any and all damages arising out of his failure to exactly locate and protect all existing utility facilities. 2.) Contact GOPHER STATE ONE CALL at 651-454-0002 for precise onsite location of utilities prior to any excavation. 3.) A title opinion was not furnished to the surveyor and no specific title search for existence or non-existence of recorded or un -recorded easements has been conducted by the surveyor as part of the survey. 4.) The subject property appears to lie within Zone C, per the National Flood Insurance Program, Flood Insurance Rate Map Community Panel No. 270051 0005 B, dated July 2, 1979 as acquired from the Federal Emergency Management Agency Web Site. 5.) Area: Total Lot Area = 40,652 Sq. Ft. - 0.93 Acres Wetland Area = 5,950 Sq. Ft. Net Lot Area = 34,702 Sq. Ft. - .80 Acres 6.) Zoning and setback information as provided by the City of Chanhassen: PUD - R Front Setback = 30 Ft. Side Yard Setback = 20 Ft. Wetland Buffer= 10 Ft. Wetland Setback = 40 Ft. 7.) Survey coordinate and bearing basis is assummed. 8.) Benchmarks : Top Nut of Hydrant at 7348 Bent Bow Trail = 1,001.56 Ft. Proposed Garage Floor from Certificate of Survey dated March 9th, 2000 = 994.00 Ft. 9.) Minnesota State Statute 38311.603 Subd.2 (Hennepin County Highways) states: Maps or plats filed for record under this section shall not operate of themselves or transfer title to the property described but such maps shall be for descriptive purposes. 10.) Any modification to this survey or sketch performed by any person other than the surveyor signing this certification or persons under his direct supervision shall nullify the validity of this survey. Only an original survey with an original wet signature shall constitute valid certification. I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 18th day of April, 2006 SATHRE-BERGQUIST, INC. David B. Pemberton Licensed Land Surveyor, Minn. Lic. No. 40344 20 10 0 10 20 40 SCALE IN FEET NORTH 5.1 \ 994.2 \� S83°16 W 190.26 X984.3 994.4 . 48 s I \ I ` I 50 i 982.7 I I I: • I I�� I � EDGE OF WATER LOCATED 04/17/084 5 1 I' {{I o N '%993.1 ° �. wP I I I �\ 993.3 0O 982.8 WETLAND 3 m ro m �' 993.4 .� rn I 1 FD RLS - 1 (Natural) � � �y � � I I � I A-9-8(3) E NWL - 983.0 0� Y9 0" I \ I �� HWL - 983.72 / /85.�� / \°dei ......:yy::. . ......` 982.4 / / /988.-0_- 1 / .......... .. g, ::::`: x988.'45 EdGE OF \x9927 t'o �N� / G/ U %\ �0 ,.. O � ,.. 983.0 X/ / / - r .:: 1 . '::.. / AREAn / /9� 986.8 '�2u5?..: / /4841 ' .tJ : ..pLANIT X,` \ lfit/` _ ` L8 /- 6ARE.... 984- . 893.5::::::e \ 986.8 .,`\� l G .ST 1 BBH X X 985.1 p� ..::.N'::::Y::::.........:.':.':::::-: N Aei::::::�\.. ....:............... T ` o :.'.PLANTING, AREA:':{: .. .a' ...:...x ::: :::::::: . 984.8 .J x 984-7 L rJ .�+h:: Wool) 986.7:.....: ..-: `':.. M. =:$':-::PLANTERS:::.:._: ggB, :.: 2 ::::: -P�� _ °^ .. . . 890601"E 47.89 i 4�i:{ 3 9 9 -•;9,fj-. 9P a: .... c WOOD�BLRNTI`RS. °$i4S\ 987.0 k 9 :: X goo / ......................... ............. .. ............ 944 z PLAN�nc\!F+''� ,, �Q jre hA�, 8845 } i }gg3OAREA I } e V k } 0y� E sF *'0 va CO O c $T, 9 h \ * L �' � ?L g CPV \ 9 } {r 9 eg 1 E g7 g -too \ } .B . g*m , 9g2j2S} ('O JrI \ 5 1 � KEYSTONE �o 'tom 8�r 1'('g'�,+-� RICTAINING- l •(� // X881,8 1 S \ `� { qao WALLS GJ gel /// L 0 } � I }%4 `�k ? A• \\ \\ .�qQ1C 1( \ 5}9811 r }mss \ ' \\ / / fy,Ncb 4 Oro 3 /^ ORA/NA /\Paz Q( l�9 } 8 �� 4/ C� / \ _ rggz mry & Jr ako 3 94o: 981.3/ / e2o }9g�g �T14 1TY \ -' mss I }gds / , X984. o \\ 4` ?0 4 }wog /00 gR03 ,0'•9/? 43' R ej89 FNr �1 g>gg /s \ r 4 i ' G 1&4603 C0\ 00 }91, 98.5.0 Y C C4 %W.5 SMH ®0 4 899' g>$B/ �g78.e g 83 } / 982.9 �7 S'4 977.8 I� el ms's, 9>8 CB A�70 \ / 1 \ \ I 979.1 'Y `SSo2 77.1 \ 1. / X977.7 110- \ / V �4,, �+ / \ \ 77.0 975.8CB \ / 4NNI 4 \ \ \ /V T / 9HYD ^ 976.1 \ \ / 4 / 'r l \ 1 CBs.e C\ �V \ }9>ge \ \ REVISIONS Added Wetland Info RSM 04-26-06 . CD UC) 0 Zto r` v N M U M D� z NV ~ MW W Q 1 �W/ O fn VJ LO o CHANHASSEN1 IF UKAVVN TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 of 1 _ W Z > O U') _J LL J _ p >a � _ a W < = C) m z W U) vJ ca Q W Z O 0~U O a- CO 06 JUL 1 3 2006 CHANHASSEN1 IF UKAVVN TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 of 1 DENOTES EXISTING PLANTING AREA DENOTES EXISTING EASEMENT AREA LEGEND BHH DENOTES BASKETBALL HOOP BEE DENOTES BUILDING ENTRANCE ELEVATION GFE DENOTES GARAGE FLOOR ELEVATION CB DENOTES CATCH BASIN SMH DENOTES SANITARY MANHOLE EM DENOTES ELECTRIC METER GM DENOTES GAS METER TB DENOTES TELEPHONE BOX TVB DENOTES TELEVSION CABLE BOX HYD DENOTES HYDRANT CTLB DENOTES SPRINKLER CONTROL BOX O a DENOTES EXISTING CONTOURS AC DENOTES AIR CONDITIONER M DENOTES A 1/2 INCH BY 14 INCH IRON PIPE SET IN THE O GROUND AND MARKED BY LICENSE NO. 40344 • DENOTES A FOUND IRON MONUMENT LEGAL DESCRIPTION Lot 6, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, Carver County, Minnesota, according to the recorded plat thereof NOTES 1.) This survey does purport to show all underground utilities. The existing utilities shown are shown in an approximate way only. The contractor shall determine the exact location of any and all existing utilities before commencing work. The contractor shall be fully responsible for any and all damages arising out of his failure to exactly locate and protect all existing utility facilities. 2.) Contact GOPHER STATE ONE CALL at 651-454-0002 for precise onsite location of utilities prior to any excavation. 3.) A title opinion was not famished to the surveyor and no specific title search for existence or non-existence of recorded or un -recorded easements has been conducted by the surveyor as part of the survey. 4.) The subject property appears to lie within Zone C, per the National Flood Insurance Program, Flood Insurance Rate Map Community Panel No. 270051 0005 B, dated July 2, 1979 as acquired from the Federal Emergency Management Agency Web Site. 5.) Area: Total Lot Area = 40,652 Sq. Ft. - 0.93 Acres Wetland Area = 5,950 Sq. Ft. Net Lot Area = 34,702 Sq. Ft. - .80 Acres 6.) Zoning and setback information as provided by the City of Chanhassen: PUD - R Front Setback = 30 Ft. Side Yard Setback = 20 Ft. Wetland Buffer= 10 Ft. Wetland Setback = 40 Ft. 7.) Survey coordinate and bearing basis is assummed. 8.) Benchmarks: Top Nut of Hydrant at 7348 Bent Bow Trail = 1,001.56 Ft Proposed Garage Floor from Certificate of Survey dated March 9th, 2000 = 994.00 Ft. 9.) Minnesota State Statute 38313.603 Subd.2 (Hennepin County Highways) states: Maps or plats filed for record under this section shall not operate of themselves or transfer title to the property described but such maps shall be for descriptive purposes. 10.) Any modification to this survey or sketch performed by any person other than the surveyor signing this certification or persons under his direct supervision shall nullify the validity of this survey. Only an original survey with an original wet signature shall constitute valid certification. I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 18th day of April, 2006 SATHRE-BERGQUIST, INC. David B. Pemberton Licensed Land Surveyor, Minn. Lic. No. 40344 20 10 0 10 20 40 SCALE IN FEET 5.1 NORTH L/J \ I G(p I I l i I 0 0So X 9827 I � I I I o . EDGE OF WATER - I �Y� _ I I N LOCATED 04/17/06 F I J 4X 94.5 I I o PS I I �f�x993.1 lox X28 82 I I I 993.3 O WETLAND 3 : , I 1 • C m 1 993.4 7 (Natural) �A I I 009 NWL - 983.0 J�� 983.0 HWL - 983.72 / / xo �� ::.9:: $ y.. ..y. ... '::::.� G 982.4 98&0/ .o 9828 / X9 ... dGE OF / \x9927 l'' '0 -\ 983.0x✓ // 9a6.8 :.:o551\'�/.....aB&5 // AREAn/ \ N� X10 �• y2 .:$'........... 990.1 / \ 0 j j9&31 //a... NTT::. \ �•K'- x i9 '- ' 3r OAREp \ 992 so28 983•% %987.0 .D 'C`. ...:L'::r_i:_:.r::r:.. TLB e 1 993.8\ "0 0 \ Oj * LA Z s \ % / 1.7 C') l• 9 �C) ®m.4 \ / 918 X984- - fC/r "' :::::: i.:::::::::::::.�, v 6 - - - - - 9 / 1 ST ..: ::::fir::: •\\ xWW4 -f-.::.: ........ qa �.. 0 N P 985.1 � N X 984.8 x 984.7 r� LrJ )L X984 1' h � WOOD ..... wj- - .. ... .. ...... '... .. ...... ':: T.p 9 G ... p. �.. FE- NTERS:::: :. . �: :::Go ' . . . 1 ^ B9�06 07 E 47. B9 : a :_:.: 3\ aak:i :: o ::: �a®� � 8H 991.3 \ ��0 9 991.5 991.1 990.8 i WOOD BL�tIV11`RS :981 3..-.4S\ 987.0 X t.. g _\4::-::1 �`l `LO•� ��i 95.9 x . " _ 984.7 •@ I'�Ij > \Gil ��d�,\ \ .r EDGE OF / Jr I \ YP � \ '04, PLANTING - 9g2j 3 k 3�`j►,rp/ k \ •� •� �� mc^ • BreS�7j 9N I + AREA I kg ' 996 2 7 1 \ 90.7 k 3.8 990.7 \ .. .. 994.0 :lyg HYD I \ J+ 9EE=\.:.:: 994.4 _ t xEn wn s� /e�c1r j 8162? �, \ 6k \ y 1 'kv�/ ,� L k ?L \@ 989.8 /� 1?2y 0 1 '9�.... g9� pF y S sCV Jr a A'DI�r \ S ? VYSTONE p \ RkTAININ +2 `3+\ \ +gatg WALLS +� \ / '\�+ \ \ PG o G kg@3' / O +C K sej4 a?\ X22 8@70 + d -f \\ O(P / \ •S / C,k a49 ORA11V.4 /�.9 k°8ps I p k�/ 4�` 4�g�4/ / Z�j� / \ / +g@ fry/ ¢ \ \ 4a 4p sf r /�3 h ,• , \C 6 X043'4%-/ ej'a ---- �CC, 9805®0�4 8991 79.1 � 9sJr @/ gB,a.a g>a3 CI3 41, 010, 10 <: \ 979.1• S? \ / / l..' •. /4� \ \ i X975- J S R 77.1 \ 1, 4 / �> / X 977.7 0 9075.8 \ / \ 93 \ /l/ _ -976- -x \ 8 @\ HYD 976.1 \ 1 \ i \ kgs \ \ \ REVISIONS Added Wetland Info RSM 04-26-06 • UCD 6 x9 T.3 I I 19�? I I I \- -- I \ 994.9 S83°16'48"W w 1 e� \ I G(p I I l i I 0 0So X 9827 I � I I I o . EDGE OF WATER - I �Y� _ I I N LOCATED 04/17/06 F I J 4X 94.5 I I o PS I I �f�x993.1 lox X28 82 I I I 993.3 O WETLAND 3 : , I 1 • C m 1 993.4 7 (Natural) �A I I 009 NWL - 983.0 J�� 983.0 HWL - 983.72 / / xo �� ::.9:: $ y.. ..y. ... '::::.� G 982.4 98&0/ .o 9828 / X9 ... dGE OF / \x9927 l'' '0 -\ 983.0x✓ // 9a6.8 :.:o551\'�/.....aB&5 // AREAn/ \ N� X10 �• y2 .:$'........... 990.1 / \ 0 j j9&31 //a... NTT::. \ �•K'- x i9 '- ' 3r OAREp \ 992 so28 983•% %987.0 .D 'C`. ...:L'::r_i:_:.r::r:.. TLB e 1 993.8\ "0 0 \ Oj * LA Z s \ % / 1.7 C') l• 9 �C) ®m.4 \ / 918 X984- - fC/r "' :::::: i.:::::::::::::.�, v 6 - - - - - 9 / 1 ST ..: ::::fir::: •\\ xWW4 -f-.::.: ........ qa �.. 0 N P 985.1 � N X 984.8 x 984.7 r� LrJ )L X984 1' h � WOOD ..... wj- - .. ... .. ...... '... .. ...... ':: T.p 9 G ... p. �.. FE- NTERS:::: :. . �: :::Go ' . . . 1 ^ B9�06 07 E 47. B9 : a :_:.: 3\ aak:i :: o ::: �a®� � 8H 991.3 \ ��0 9 991.5 991.1 990.8 i WOOD BL�tIV11`RS :981 3..-.4S\ 987.0 X t.. g _\4::-::1 �`l `LO•� ��i 95.9 x . " _ 984.7 •@ I'�Ij > \Gil ��d�,\ \ .r EDGE OF / Jr I \ YP � \ '04, PLANTING - 9g2j 3 k 3�`j►,rp/ k \ •� •� �� mc^ • BreS�7j 9N I + AREA I kg ' 996 2 7 1 \ 90.7 k 3.8 990.7 \ .. .. 994.0 :lyg HYD I \ J+ 9EE=\.:.:: 994.4 _ t xEn wn s� /e�c1r j 8162? �, \ 6k \ y 1 'kv�/ ,� L k ?L \@ 989.8 /� 1?2y 0 1 '9�.... g9� pF y S sCV Jr a A'DI�r \ S ? VYSTONE p \ RkTAININ +2 `3+\ \ +gatg WALLS +� \ / '\�+ \ \ PG o G kg@3' / O +C K sej4 a?\ X22 8@70 + d -f \\ O(P / \ •S / C,k a49 ORA11V.4 /�.9 k°8ps I p k�/ 4�` 4�g�4/ / Z�j� / \ / +g@ fry/ ¢ \ \ 4a 4p sf r /�3 h ,• , \C 6 X043'4%-/ ej'a ---- �CC, 9805®0�4 8991 79.1 � 9sJr @/ gB,a.a g>a3 CI3 41, 010, 10 <: \ 979.1• S? \ / / l..' •. /4� \ \ i X975- J S R 77.1 \ 1, 4 / �> / X 977.7 0 9075.8 \ / \ 93 \ /l/ _ -976- -x \ 8 @\ HYD 976.1 \ 1 \ i \ kgs \ \ \ REVISIONS Added Wetland Info RSM 04-26-06 • UCD CD 0 z c0 `b w LO cz 1rn v! CD M �UJUJ OW Z Q n/ Q IVQ W LL MW W Q W a 2co M 1 ~ a0 v,/� O W a a- y&S J� Sys X26 o U) 3 47 H3 Df -01 1 w OW Q(f)~/ LL BULL LL >Q J _ p EL W a U W U) � IX a � Z O D� 00 In - 06 RECEIVk _ JUL 1 3 ?n'' CHANHASSENINSPECTW unwvw TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 of 1 CITY OF CIIA NSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1180 Fax: 952.227.1170 Rnance Phone: 952.227.1140 Fax: 952.227.1110 Park 8 Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning d Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior carder Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.achanhassen.mn.us October 3, 2006 Tom and Paula Schwartz 7376 Bent Bow Trail Chanhassen, MN 55317 Dear Tom and Paula, I have enclosed the encroachment agreement for you to sign, notorize and return to the City. Once signed the encroachment agreement will be recorded with Carver County. Paul Ekholm, the building inspector is waiting for your building permit application and plan submittal for the gazebo. If you need to contact Paul, the building inspector his number is 952-227-1193. Once the encroachment agreement has been signed and a building permit is approved the conditions for the variance will be complete. As always if you have questions or concerns feel free to contact me at 952-227-1106. Sincerely, Don Asleson Natural Resources Technician The City of Chanhassen • A growing communitywith clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 09/07/2006 11:52 AM Receipt No. 0020813 CLERK: katie PAYEE: THOMAS SCHWARTZ 7376 BENT BOW TRAIL CHANHASSEN MN 55317 --------------- ---- Encroachment Agreement 100.00 -------- -- Total 100.00 Cash 0.00 Check 10771 100.00 Change 0.00 AeltCenter February 5, 2007 2310 Couperer Boulevard Coulter Tom and Paula Schwartz MYCITYOf O Bent Bow Trail Fax: 952.227.1404 M7376 Chanhassen, N 55317 �u Cilfflll)tL1SEN Natural Resources Technician 7700 Market Boulevard Dear Tom and Paula, PO Box 147 Chanhassen, MN 55317 Fax:952.227.1110 Upon reviewing your planning variance file (06-22) it appears that we still Administration have not received a signed copy of the encroachment agreement. The Phone:921100 Fax 952. 2.227.17.1110 encroachment agreement is a condition of variance approval and is needed Phone: 952.227.1300 to finalize the variance. If you have a signed and notarized encroachment Building Inspections agreement, please return it to the City so that we may obtain additional Phone: 952.227.1180 signatures and pass it on to the County recorders office. Fax: 952.227.1190 Engineering I have enclosed a blank copy of your encroachment agreement if you are Phone: 952.227.1160 in need of an additional copy. If you will be using the blank copy, please Fax: 952,227.1170 change the date on the first page from 2006 to 2007 and initial the change. Finance Phone: 952.227.1140 If you have questions or concerns about what is requested, please contact Fax: 952.227.1110 me at 952-227-1106. Thank you in advance for addressing this matter. Park A Recreation Phone: 952.227.1120 Sincerely, Fax 952.227.1110 AeltCenter 2310 Couperer Boulevard Coulter Phone: 952.227.1400 Fax: 952.227.1404 Don Asleson Natural Resources Technician Planning a Natural Resources Phone: 952.227.1130 Fax:952.227.1110 Enclosure: Encroachment Agreement Public Works 1591 Park Road Phone: 952.227.1300 Fax 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web She www 6chaMrasse r. mn.us The City of Chanhassen • A growing community with clean takes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautilul parks. A great place to live, work, and play. (reserved for recording infornwlion) ENCROACHMENT AGREEMENT AGREEMENT made this day of , 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"); and THOMAS G. SCHWARTZ and PAULA L. SCHWARTZ, husband and wife ("Schwartz") 1. BACKGROUND. Schwartz is the fee owner of Lot 6, Block 3, THE MEADOWS AT LONGACRES 4THADDITION located in the City of Chanhassen, County of Carver, State of Minnesota, having a street address of 7376 Bent Bow Trail ("subject property"). The City owns easements for tree conservation, drainage and utility purposes over portions of the subject property. Schwartz has constructed a gazebo and patio structure on the subject property which encroach into the City's easement areas. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment of the existing gazebo and patio structure in its easement areas subject to the conditions set forth in this Agreement. The existing gazebo and patio structure may not be altered in any way, and no other structures are permitted to be built on the subject property without prior approval of the City. 127253v01 SRN:09/11/2006 1 (Abstract Property) 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easements, Schwartz, their successors, heirs, and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the subject property, including the gazebo and patio structure on the subject property, caused in whole or in part by the encroachment into the City's easement areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the subject property thirty (30) days advance written notice. The property owner shall remove the encroachments upon the effective date of the termination of this Agreement. If the owner fails to do so the City may remove the encroachments. 5. RECORDING. This Agreement shall be recorded against the title to the subject property and shall be binding upon Schwartz, their heirs, assigns, and successors in interest. (SEAL) CITY OF CHANHASSEN MIN AND Thomas A. Furlong, Mayor Todd Gerhardt, City Manager 127253v01 2 (Abstract Property) SRN:09/1l/2006 THOMAS G. SCHWARTZ PAULA L. SCHWARTZ STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2006, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) (SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by THOMAS G. SCHWARTZ and PAULA L. SCHWARTZ, husband and wife. NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN/rns 127253v01 j (Abstract Property) SRN:09/11/2006 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning A Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Don Asleson Natural Resources Technician 4 Enclosure: Encroachment Agreement The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. February 5, 2007 Tom and Paula Schwartz CITY OF 7376 Bent Bow Trail Chanhassen, MN 55317 CHOMSEN 7700 Market Boulevard Dear Tom and Paula, PO Box 147 Chanhassen, MN 55317 " Upon reviewing your planning variance file (06-22) it appears that we still Administration have not received a signed copy of the encroachment agreement. The P95222v.227.1110 .1100 encroachment agreement is a condition of variance approval and is needed Fax: Fax: 952 to finalize the variance. If you have a signed and notarized encroachment Building Inspections agreement, please return it to the City so that we may obtain additional Phone: 952.227.1180 signatures and pass it on to the County recorders office. Fax: 952 227.1190 Engineering I have enclosed a blank copy of your encroachment agreement if you are Phone: 952.227.1160 in need of an additional copy. If you will be using Qie blank copy, please Fax: 952227.1170 change the date on the first page from 2006 to 2 d initial the change. Finance Phone: 952.227.1140 If you have questions or concerns about what is �` _ d, please contact Fax: 952227.1110 _ me at 952-227-1106. Thank you in advance for this matter. Park 8 Recreation 1 Phone: 952.227.1120 Fax: 952.227.1110 Sincerely, Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning A Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Don Asleson Natural Resources Technician 4 Enclosure: Encroachment Agreement The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Finance October 3, 2006 Phone: 952.227.1140 Tom and Paula Schwartz Fax: 952.227.1110 7376 Bent Bow Trail CITYOFOF Chanhassen, MN 55317 CHANHASSEN 7700 Market Boulevard Dear Tom and Paula, PO Box 147 Chanhassen, MN 55317 1 have enclosed the encroachment agreement for you to sign, notorize and Administration return to the City. Once signed the encroachment agreement will be Phone: 952.227.1100 recorded with Carver County. Paul Ekholm, the building inspector is Fax: 952.227 1110 waiting for your building permit application and plan submittal for the Building Inspections gazebo. If you need to contact Paul, the building inspector his number is Phone: 952.227.1180 952-227-1193. Fax: 952 227.1190 Engineering Once the encroachment agreement has been signed and a building permit Phone: 952.227.1180 is approved the conditions for the variance will be complete. Fax: 952.227 1170 Finance As always if you have questions or concerns feel free to contact me at Phone: 952.227.1140 952-227-1106. Fax: 952.227.1110 Park A Recreation Phone: 952.227,1120 Sincerely, Fax: 952.227.1110 Recreation Center � 2310 Coulter Boulevard ;.n,z -4-" Phone: 952.227.1400 Fax: 952.227.1404 Don Asleson Natural Resources Technician Planning A Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952227.13W Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us i The City of Chanhassen • A growing community with clean lakes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 09/07/2006 11:52 AM Receipt No. 0020813 - CLERK: katie PAYEE: THOMAS SCHWARTZ 7376 BENT BOW TRAIL CHANHASSEN MN 55317 I -------------------------------------- Encroachment Agreement 100.00 Total Cash Check 10771 Change 100.00 0.00 ;00.00 0.00 (reserved for recording inform tion) ENCROACHMENT AGREEMENT AGREEMENT made this day of , 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"); and THOMAS G. SCHWARTZ and PAULA L. SCHWARTZ, husband and wife ("Schwartz"). 1. BACKGROUND. Schwartz is the fee owner of Lot 6, Block 3, THE MEADOWS AT LONGACRES 4'" ADD/TION located in the City of Chanhassen, County of Carver, State of Minnesota, having a street address of 7376 Bent Bow Trail ("subject property"). The City owns easements for tree conservation, drainage and utility purposes over portions of the subject property. Schwartz has constructed a gazebo and patio structure on the subject property which encroach into the City's easement areas. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment of the existing gazebo and patio structure in its easement areas subject to the conditions set forth in this Agreement. The existing gazebo and patio structure may not be altered in any way, and no other structures are permitted to be built on the subject property without prior approval of the City. 127253v01 t (Abstract Property) SRN:09/11/2006 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easements, Schwartz, their successors, heirs, and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the subject property, including the gazebo and patio structure on the subject property, caused in whole or in part by the encroachment into the City's easement areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the subject property thirty (30) days advance written notice. The property owner shall remove the encroachments upon the effective date of the termination of this Agreement. If the owner fails to do so the City may remove the encroachments. 5. RECORDING. This Agreement shall be recorded against the title to the subject property and shall be binding upon Schwartz, their heirs, assigns, and successors in interest. (SEAL) CITY OF CHANHASSEN MN AND Thomas A. Furlong, Mayor Todd Gerhardt, City Manager 127253v01 2 (Abstract Property) SRN:09/11/2006 THOMAS G. SCHWARTZ PAULA L. SCHWARTZ STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2006, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA (SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 12006, by THOMAS G. SCHWARTZ and PAULA L. SCHWARTZ, husband and wife. NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN/ms 12725301 3 (Abstract Property) SRN:09/11/2006 To: Roger Knutson From: City of Chanhassen, Don Asleson Fax: 651-452-5550 Pages: 5 Phone: 651-452-5000 Date: 11/17/2005 Re: Drainage Issue at 7376 Bent Bow Trail CC: Lori Haak, Water Resources Coordinator ❑ Urgent x For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Roger, The resident at 7376 Bent Bow Trail has sent the City of Chanhassen a letter in response to the requests outlined in our letter. I have included a copy of our original letter and their response for your review. My question for you is what is the best next step? Should I set a date for having the Emergency Overflow re-established first, or do I want to have all issues resolved at once? My feeling is that we should have the emergency overflow re-established by no later than spring. If the City were to set a date what do we have to enforce that that date is met? If you have any other questions or would like to discuss this further feel free to contact me at 952-227-1106. Thank you for your assistance Roger! Sincerely, Don Asleson, Natural Resource Technician Park & Recreation November 2, 2005 CITY OF There are several issues with the structures as installed: CIIANIIASSEN Thomas and Paula Schwartz I1Hl�I1Hk)Ofdl 7376 Bent Bow Trail 7700 Market Boulevard Chanhassen, MN 55317 PC Box 147 raise to an artificially high level, threatening to flood homes adjacent to Chanhassen, MN 55317 Re: Structures within Easements and Setbacks at 7376 Bent Bow Trail (Lot Administration 6, Block 3- The Meadows at Longacres) Phone: 952 227.1100 wetland buffer and a wetland buffer setback. These areas are protected by Fax: 952.227 1110 Dear Thomas and Paula: Building Inspections structures are allowed within these areas. Additionally, further review of Phone: 952.227.1180 The City of Chanhassen experienced significant rain events during the month Fax. 9522271190 of September. As a result of those rain events, the City became aware of Engineering some issues with its storm water conveyance system. One of the issues that Phone: 952.227.1160 became evident to City staff involves your property and has been aggravated Fax: 952.227.1170 by landscaping and construction activities at the above address. Currently, a Finance garden area with timber walls, gazebo and a patio area exist on your property. Phone: 952227.1140 These are located within drainage and utility easements, conservation Fax: 952.227.1110 easements and/or wetland buffers and setbacks. Park & Recreation Phone: 952.227.1120 There are several issues with the structures as installed: Fax: 952.22T.1 110 1. The garden area and associated timber walls are located in an area that Recreation Center was designed to function as an emergency overflow for the wetland just 2310 Coulter Boulevard Phone: 952.227.1400 north of our home. Without an emergency overflow, the wetland could Y g Y Fax: 952.227.1404 raise to an artificially high level, threatening to flood homes adjacent to the wetland. Planning a 2. The gazebo and patio are located within a conservation easement, a Natural Resources Phone: 952.227.1130 wetland buffer and a wetland buffer setback. These areas are protected by Fax: 952.227.1110 the conservation easement, as well as by Chanhassen City Code. No structures are allowed within these areas. Additionally, further review of Public works 1591 Park Road your property file revealed that a building permit for the gazebo structure Phone: 952.227.1300 has not been issued. Fax: 952.227.1310 Senior center To bring your lot into compliance with Chanhassen City Code, The following Phone: 952227.1125 issues must be addressed: Fax 952.227.1110 Web site 1) Restore the emereency overflow Swale for the wetland. The garden and www.ci chanhassen.mn.us all associated structures must be removed from the emergency overflow Swale and the drainage easement as illustrated on your lot survey. As part of the removal, you, must re -install the Swale that has been removed as part of the garden installation. As indicated above, the Swale that was removed is critical to the proper functioning of the storm water system in your neighborhood. Without the capacity to overflow in high water situations, the wetland is more likely to cause flooding problems within your neighborhood. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. 2) Relocate the patio and gazebo. The gazebo and patio must be moved outside the drainage and utility easement, conservation easement and the 40 foot wetland buffer setback (please see enclosed survey for details) or removed from the property. Additionally, a permit shall be obtained from the Chanhassen Building Department for the construction and/or moving of the gazebo. If you do not wish to move or remove the structures, you may apply for a variance from the 40 foot wetland setback and wetland buffer requirements. The variance process is a public process that allows public input before the Planning Commission and/or City Council make a decision. As part of the variance process, you will be required to submit an updated survey illustrating the gazebo and patio locations, the drainage and utility easements, conservation easements, wetland buffer setbacks, edge of wetland and wetland buffer monuments as currently shown on your survey. This process does not guarantee that you will be able to keep your structures in place if the Chanhassen City Council decides to deny the request for a variance. In order to leave the structures in place, you would also need to receive relief from the conservation easement requirements. This would occur immediately following, or concurrent with, the variance process. 3) Replace wetland buffer monuments. The wetland buffer monuments must be replaced to the locations shown on your lot survey. If you do not have the buffer signs, the City has them available at a cost of $20 per sign. I have enclosed a copy of your property survey, the portion of Chanhassen City Code that addresses wetland buffer and setback requirements, and the documents that you will need to apply for a variance if you decide that you would like to pursue a variance or variances. In the future, please submit any proposed improvements for a zoning compliance review with the Chanhassen Planning Department to avoid violation of City Code. A zoning compliance review is free and essential to ensure that the proposed improvement complies with all city ordinances. If you have questions, feel free to contact me at 952.227.1106. I appreciate your cooperation in addressing this issue. Sincerely, CITY OF CHANHASSEN Don Asleson Natural Resource Technician Enclosures: 1) 7376 Bent Bow Trail (Lot 6, Block 3, The Meadows at L.ongacres 4'h) Lot survey dated March 2000. 2) Section 20-406 of Chanhassen City Code 3) Variance application documentation Thomas and Paula Schwartz - 7376 Bent Bow Trail, Chanhassen, MN 55317 November 15, 2005 Don Asleson City of Chanhassen 7700 Market Blvd. Chanhassen, MN 55317 Dear Mr. Asleson; This communication is in response to your letter dated November 2, 2005 and the subsequent telephone call on November 14, 2005. You have requested that we remove the garden area which allegedly interferes with the natural swale of the pond. I am requesting that the City of Chanhassen grant us additional time (Spring, 2006) to research our options; review with legal counsel the requests that you put forth; have time to apply for variances (if necessary); and if necessary, prepare and budget for the significant changes you have requested in our property. You have requested that the garden area be removed to return the "emergency overflow swale to its original state". I wish to reiterate that we have made NO CHANGES to the original grade of this Swale. The garden has been in existence since 2001 with no adverse effect on drainage throughout our property. Secondly, you are requesting that we put in place the "wetland monuments". These monuments did not exist when we purchased this property in 2000, nor were we informed of such monuments by Lundgren Bros (the seller) or the City of Chanhassen which granted us certificate of occupancy without these monuments in place. These changes have initial estimates in excess of $15,000! The financial hardship you proposed is rather staggering and I hope the city understands I am still very uncertain as to the implications of what's being requested and therefore need time to do my homework and to seek advice from those who are better versed in these matters. With these considerations I think it best if we cancel our meeting which was scheduled for Friday, November 18. It is our hope that we can reach a mutually acceptable agreement. Asleson, Don Subject: TCT Thomas Schwartz (612-616-0989) Entry Type: Phone call Start: Mon 1/23/2006 9:37 AM End: Mon 1/23/2006 9:41 AM Duration: 4 minutes TCT Thomas Schwartz - Out of town until Feb.15th. Will contact on or around 15 to notify when variance applications will be submitted. Advised if did not receive a call on the 15th I would contact him to set a submittal date. Asleson, Don Subject: TCT Tom Schwartz (612-616-0989) Entry Type: Phone call Start: Wed 2/15/2006 10:12 AM End: Wed 2/15/2006 10:24 AM Duration: 12 minutes TCT Tom Schwartz - Has concerns that the code that I am referring to conflicts with what we are requesting. Understands that Staff is looking at the platted Buffers, setbacks and easments as the reason for the variance. Asked Tom to submit a letter with what his issues are and how and when he intends to proceed. I let Tom know that we would respond to his issues after we receive his letter. Tom said that he would put together a letter and send it over by the end of the week. DA CITY OF CHANHASSEN QO '3 PERMIT APPLICATION BUILD ONE FIRE ENG 690 CITY CENTER DRIVE ♦ PO BOX 147 ♦ CHANHASSEN, MN 55317 Phone: 952.937.1900 ext. 31 Fax: 952.934.2524 Web: www.ci.chanhassen.mn.us Please Type or Print. Complete Sections A & F and either Sections B, C, D or E A 1, GENERAL INFORMATION -t-Xi . Contractor: S,dF Contact Address: Phone: License Number: Type: Expiration Date: Lot: (� Block: 3 Subdivision: it /j9toZ r A, 1 &I -mss t�A&) Parcel Identification Number: Zoning District Section Number: North 1/2: South %s: Variance required: Yes 0 No ❑ Planning Dept. Case Number: Is there a wetland within 75' of any property lines? Yes)K No ❑ Is the property in a floodplain? Yes ❑ No Alf YES, Complete Certificate of Compliance for Authorized Floodplain Development. Sewer Available: Yes ❑ No ❑ City Water Available: YesA_ No ❑ Estimated Completion Date: 7-/.T 0 / ***COMPLETE APPLICABLE SECTION ON REVERSE*** SIGNATURE THIS IS AN APPLICATION FOR A PERMIT. IT IS NOT THE ACTUAL PERMIT. THE UNDERSIGNED STATES THE INFORMATION PROVIDED IS ACCURATE AND HEREBY AGREES TO DO ALL WORK IN ACCORDANCE WITH THE CHANHASSEN CITY CODE AND THE MINNESOTA STATE LAWS REGULATING BUILDING CONSTRUCTIO . NAME:—Mo v .V5 ! rt COMPANY: PLEASE PRINr OR SIGNATUR : DATE:'o PHONE (HO )9SoR-S3Z /LOJ (EMER) (FAX): 9 -%R -SSG -A.La/ G APPROVALS *Route Applications in the Order Below: *Park & Rec to Review Commercial Only date: ENGINEERING: date: PARK & REC: FIRE MARSHAL: .OFFICE USE ONLY. DATE RECEIVED RWrFI tM MAR 2 6 2001 ♦RETURN TO INSPECTIONS WHEN COMPLETED* Pais SOM H FEES VALUATION 5 Q Q_ Permit Fee — Plan Review Fee ---- State Surcharge ----- License Fee -------- SAC Fee -(_units) -- Sewer Surcharge ------ Park Dedication Fee ----- Trail Dedication Fee ----- Trunk Water Hookup -- Trunk Sewer Hookup — Water Meter ---------- Sales Tax ----- ------- Erosion Control Escrow-- TOTAL— B ONE & TWO FAMILY DWELLING I" Level (basement) 2~ Level 3'a Lepd 40 Level Total Finished Finished Finished Finished Finished Unfinished Unfinished Unfinished Unfinished Unfinisbed Designate Energy Code Compliance: MN Rules 7670 (CAT I) _ or MN Rules 7672_ Path 0 _ 1 _ 2 _ 3 _ 5 _ Garage Square Footage: Attached Detached Tuck Under HVAC System: Oil ❑ Gas ❑ Electric ❑ Forced Air ❑ Hot Water ❑ A/C ❑ Mechanical Ventilation ❑ Number of Baths: Full % /, Number of Bedrooms Number Future Bedrooms Number of Fireplaces: MasonryManufacnued Other Deck - Sq. Footage 3 Season Porch - Sq. Footage Screen Porch - Sq. Footage Value of Dwelling EXCLUDING Land C COMMERCIAL AND INDUSTRIAL Occupant/Tenant: Current Address:_ City: New ❑ Alter ❑ Contact Person: Phone (II): (W): State: Zip: Repair ❑ Addition ❑ Other ❑ Square Footage: Construction Type: Location in Building: Proposed Use: Description of Work: Sprinklered: Yes ❑ No ❑ Occupancy Classification(s): HVAC System: Gas❑ Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Space Heat ❑ Hot Water ❑ Steam ❑ Land Value: Acreage: Value of Improvement: SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS D TENANTIMPROVEMENTS Current Address: Phone (H): (W): City: State: Zip: Building Manager: Contact Person: Address: Phone (H): (R): City: New ❑ Alter ❑ Repair ❑ Square Footage: Construction Type: Occupancy Classification(s) Location in Building: Proposed Use: Description of Work: HVAC System: Gas[] Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Hot Water ❑ Sprinklered: Yes ❑ No ❑ Adjoining Tenants: Name: Address: Occupancy Classification: Name: Address: Occupancy Classification: Proposed Use: Value of Improvement:. SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS E �f OTHER IMPROVEMENTS Occupant/Tenant: t � Contact Person: Phone(H)ATL-3Sv-t1SS Addition ❑ Basement Finish ❑ DeckK Demolition ❑ Fence ❑ Fireplace ❑ Grading ❑ Pool ❑ Remodel ❑ Repair ❑ Reroof ❑ Shed ❑ UST InWIlation ❑ UST Removal ❑ Other ❑ Square Footage: Value RESIDENTIAL PERMIT/SURVEY ROUTING FORM J 7 P 6VJ7-- '�au) / /moi , Legal: Z t7 /C Permit for: Home _, Addition _',f:�-ck+� Detached Other Explain: I �ViY S Permit No.2 / Do/ 5 3 Received 0 > Route Permits/Surveys in the following order, note any changes you require and forward to neat department. Engineering will order new surveys as requested and route for approvals in reverse order. Address/legal description, building footprint, building type matches survey (walkout, lookout, etc), benchmark. Approved Y/ Date: `4-3-ot By: ]� Required corrections: Revised survey/plans approved Y / N Date: By: Setbacks, tree preservation, wetlands, bluff zone, height, surface area, bluff setbacks. Approved ® / N Required corrections: DatcJ-?A-Ot By: 011 Revised survey/plans approved Y / N Date: Finance Approved Y / N Date: By:_ M Engineering Elevation, building type, grading/drainage easements, erosion control. Approved Y / N Date: Required corrections: Revised survey/plans approved Y / N Date: g:�svfrgi(o�m\pnmihvuuvg RKIO CITY OF CHANHASSEN 690 CITY CENTER DRIVE CHANHASSEN, MN 55317 OC7_O'27_lUM L+vf Zl itj 'A. ,._.-._. t, is 1., - .'d PERMIT NO: A PP N C E A R N T By acceptance of this permit, you acknowledge that you have read the permit application and this permit, that the information thereon is correct, and you agree to comply with the Chanhassen City Code and the Minnesota State laws regulating building construction. Signature of _ - Permittee This permit is conditioned upon compliance with: (1) specific conditions mentioned elsewhere on this permit; (2) The approved plans and specifications; (3) the applicable City approvals, Ordinances and Codes; and (4) the Minnesota State BuildinglHeahh Codes. This permit is for only the work described and does not grant permission for additional or related work which require separate permits. This permit will expire and become null and void if work is not started within 180 days or if work is suspended or abandoned for a period of 180 days any time after work has commenced. All required inspections shall be requested in conformance with the Minnesota State BuildingtHealth Codes. APPROVED BY: SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE Asleson, Don Subject: TCT Thomas Schwartz (7376 Bent Bow Trail) Entry Type: Phone call Start: Mon 11/14/2005 11:02 AM End: Mon 11 /14/2005 11:32 AM Duration: 30 minutes TCT Thomas Schwartz 612-616-0989. Thomas has received the letter from the City. He is currently working with others who are more familiar with easments and the restrictions with them (attorney?). He has not made any progress on correcting the issues at this time. He has requested a site visit on 11/18/05 at 9:00 AM. I stated to him in the converstation that at minimum the Emergency Overflow swale should be re-established by next spring before the snow melt. T CITY OF CHMIMSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952227.1100 Fax: 952 227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227 11E Engineering Phone: 952.227.1160 Fax: 952.227.1170 finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 9522271110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax 952.2271110 Public Works 1591 Park Road Phone: 952.227.1300 Fax. 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web She www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Don Asleson, Natural Resources Technician DATE: August 28, 2006 ME SUBJ: Tom Schwartz: After -the -Fact Variance request for a Gazebo and Patio structure within the wetland buffer setback Planning Case 06-22 EXECUTIVE SUMMARY After -the -fact Variance request to allow a gazebo and patio structure within the wetland buffer setback. A variance in the amount of 45 feet from the wetland buffer setback for the Gazebo and 52 feet from the wetland buffer setback for the Patio is needed to bring the non -conforming structures into compliance with ordinance. City Council held a hearing on July 10, 2006 and voted to table the variance requests in order to give the applicant time to work with staff to resolve drainage and building permit issues. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Based on direction from City Council, the city engineering staff verified the emergency overflow Swale on July 21, 2006. The Swale was inspected by staff and meets engineering requirements for an emergency overflow. Additionally, the applicant has applied for a building permit for the gazebo structure and is currently working with the building department to obtain approval. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on June 20, 2006, to review the proposed variance. The Planning Commission voted 4 to 2 to deny the proposed variance. The Planning Commission minutes are attached to this report. RECOMMENDATION Staff recommends City Council consider approval of the variance with the following conditions: The existing structures must not be altered in a way to increase the non- conformity. 25 The City of Chanhassen • A growing community with clean lakes, quality schools, a chamling downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. Todd Gerhardt Tom Schwartz Variance — Planning Case 06-22 August 28, 2006 Page 2 2. An encroachment agreement from the engineering department must be obtained for the gazebo and patio structure in the drainage and utility/conservation easement areas. 3. Building permit for the gazebo structure must be obtained. ATTACHMENTS 1. Revised Planning Commission Staff Report dated June 20, 2006. 2. July 10, 2006, City Council Minutes. 3. June 20, 2006, Planning Commission Minutes. g.Vlan\2006 Planning c \06-22 schwartz variancetexecutive summary ii.doc STAFF REPORT PROPOSAL: After -the -fact Variance request for a Gazebo and Patio structure within the wetland buffer setback. LOCATION: 7376 Bent Bow Trail Lot 6, Block 3, The Meadows at Longacres a addition APPLICANT: Thomas and Paula Schwartz 7376 Bent Bow Trail Chanhassen, MN 55317 PRESENT ZONING: PUD -R 2020 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: .93 acres DENSITY: NA SUMMARY OF REQUEST: Request for relief from 40 -foot wetland buffer setback to allow after -the -fact placement of gazebo and patio structure in the wetland buffer setback on property zoned Planned Unit Development -Residential (PUD -R). Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. Location Map Schwartz Variance Planning Case No. 06-22 7376 Bent Bow Trail City of Chanhassen Subject Property 4� SCANNED Schwartz Variance Planning Case #06-12 June 20, 2006 Page 2 SUMMARY OF PROPOSAL The applicant is requesting relief from the 40 -foot wetland buffer setback requirement for an existing gazebo and patio/fire pit structure within the wetland buffer setback. The gazebo and patio/fire pit have already been constructed without obtaining permits APPLICABLE REGUATIONS Sec. 20406. Wetland Buffer Strips and Setbacks. Buffer and setback requirements for lots on record between December 15, 1992 and May 24, 2004: Principal and accessory structure setback of 40 feet from edge of buffer. Buffer Strip minimum average width for Natural Wetland is 20 feet. Minimum buffer strip is 10 feet. BACKGROUND The subject property was platted as part of The Meadows at Longacres 4'b Addition in 1998. The Schwartz home was built in 2000 on Lot 4 6, Block 6 3. The delineated wetland is identified on The Meadows of Longacres 0 Addition plat map and the wetland buffers determined around the entire basin were monumented as indicated on the March 10, 2000 and May 17, 2006 survey (see Attachments 7 & 9). According to the applicant, the wetland buffer signage was never installed at the monumented locations as required with the Longacres development. The wetland buffer setback is measured 40 feet from the monumented wetland buffer. During the stone events of September and October 2005, concern over structures within the emergency overflow easement on the applicant's property initiated a staff investigation into the structures at 7376 Bent Bow Trail. Upon further inspection a non - permitted gazebo and patio/fire pit within the wetland buffer setback were identified near the wetland at 7376 Bent Bow Trail. Both structures, as they currently exist, encroach into the 40 -foot wetland buffer setback, wetland buffer, drainage and utility easement and conservation easement area. The wetland at 7376 Bent Bow trail is identified as a natural wetland area within the 1994 Surface Water Management Plan. Schwartz Variance Planning Case #06-22 June 20, 2006 Page 3 Gazebo and Patio Structure at 7376 Bent Bow Trail The wetland is a.6 acre Type 3, deep marsh wetland. This wetland is considered a jurisdictional wetland protected by the Wetland Conservation Act and City Code. The southwestern portion of the Schwartz property lies on a drainage and utility easement for the purpose of serving as an emergency overflow for the wetland to the north. The applicant is currently working with an engineer and the City Engineer to ensure the emergency overflow issue is adequately resolved (removal of garden beds) separate from this variance process. ANALYSIS The Meadows at Longacres 4a' Addition was platted in 1998 with a drainage and utility easement over the northern portion of the lot including the wetland area. The wetland is classified as a natural wetland basin in the 1994 Surface Water Management Plan. Wetland buffer requirements at the time of platting were a 20 -foot average buffer around the wetland basin with a minimum buffer distance of 10 feet in addition to the 40 -foot wetland buffer setback. The applicant's wetland buffer varies from 25 feet near the gazebo to 50 feet in width closest to Bent Bow Trail. See buffer comparison table below for buffers that exist around the entire wetland basin. Buffer Comparison Table for Natural Wetland adjacent to 7376 Bent Bow Trail Lot Block I Minimum Width of Buffer Max Width of Buffer Location from Applicant a 6 4 3 25 50 Applicant 1 1 10 10 Across Wetland 2 1 10 10 Adjacent to Southwest 5 3 35 55 Adjacent to North 7 5 10 25 Across Wetland The wetland buffers for the wetland were monumented on the applicant's property and are identified on the 2000 and 2006 surveys. The 40 -foot wetland buffer setback is located 40 feet from the wetland buffer monuments. The City became aware of the non -conforming structures during inspection of the emergency overflow on the applicant's property during the storm events of September and October 2005. Upon investigation of the emergency overflow easement, staff became aware of the non -conforming gazebo and patio/fire pit structure which encroach into the wetland buffer, wetland buffer setback, conservation easement and drainage and utility easements. Staff also realized that the wetland buffer signs indicated on the 2000 survey were not in place. The applicant is requesting an after -the -fact variance from the 40 -foot wetland buffer setback on his property to bring a non -conforming, non -permitted, 175 -square foot gazebo and a 230 -square foot patio/fire pit structure into compliance with city ordinance. Currently both structures are located Schwartz Variance Planning Case #06-22 June 20, 2006 Page 4 within the wetland buffer requiring a variance of 52 feet from the 40 -foot wetland setback for the patio/fire pit and a variance of 45 feet from the 40 -foot wetland buffer setback for the gazebo. The subject property has buildable area outside of the wetland buffer setback available for the structures. Staff has indicated on a copy of the 2000 survey areas where structures could be relocated on property to bring structures into compliance (Attachment 8). The applicant has indicated that moving the structures would be too costly and would constitute a hardship. Although a zoning permit is a new requirement for Chanhassen residents, the applicant at the time of the improvement would have needed a zoning compliance review to ensure that proposed improvements complied with city ordinances. Should the Weaning GawAnissi City Council choose to approve the variance request, the structures would also require encroachment agreements for the patio/fire pit and/or gazebo within the conservation easement and drainage and utility easements as part of the variance approval. The encroachment agreements should specify that no additional structures or expansion of existing structures shall be allowed in the easements. FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of Schwartz Yariance Planning Case #06-22 June 20, 2006 Page 5 comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods preexisting standards exist. Variances that blend with these preexisting standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter would not cause undue hardship. The applicant has reasonable use of the property without the need for a variance. Suitable areas exist on the subject property to allow the applicant to comply with the required wetland buffer setback. 2. That the conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions on which a petition for a variance is based are applicable, generally, to other property within the same zoning classification. 3. That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The improvements increase the value of the property. 4. That the alleged difficulty or hardship is not a self-created hardship. Finding: The alleged difficulty is a self-created hardship. The applicant did not obtain a building permit or zoning compliance review for the gazebo and patio/firepit. 5. 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. Finding: The granting of the variance will not be detrimental to public welfare or injurious to other land or improvements in the neighborhood. 6. 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 decrease visibility or site distances, or increases the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variance will not endanger public safety or diminish property value in the neighborhood. Schwartz Variance Planning Case #06-22 June 20, 2006 Page 6 Staff and Planning Commission recommends that the Amokiftg G&MANAS City Council adopt the following motion: "The Planning Gawmis City Council denies the 52 -foot variance for the 175 -square foot gazebo and the 45 -foot variance from the 230 -square foot patio/fire ring structures based on the findings of fact in the staff report and the following: 1. The applicant's hardship is self-created in nature. 2. The applicant has reasonable use of the property. 3. The conditions upon which a petition for a variance is based are applicable, generally, to other property within the same zoning classification. In addition, the Planning Commission orders the applicant to remove the structures from within the wetland buffer setback and restore native vegetation to disturbed areas as required by City Code. If the structures are to remain on the property with conforming setbacks, building permits and zoning permits must be obtained. Final inspection and approval will be necessary from the building department for the gazebo. The applicant shall also install wetland buffer signs provided by the City at the monument locations." Should the Plaiming GowAoiss City Council choose to approve the request, staff recommends the Council adopt the following motion: "The Planning 69mmis City Council approves the 52 -foot variance for the 175 -square foot gazebo and 208 squaf 0 &@t patio to remain in place based on the findings of fact in the staff report with the following conditions: 1. An encroachment agreement shall be issued for the gazebo structures within the drainage and utility easement and conservation easement area. 2. No expansion or addition of to the structures shall be allowed. 3. The applicant shall place wetland buffer signs provided by the City at monumented locations. 4. A building permit with final approval from the building department shall be obtained for the gazebo. 5. The patio/firepit shall be moved to an area outside easements meeting all setbacks or removed from the property. Schwartz Variance Planning Case #06-22 June 20, 2006 Page 7 6. All gardens areas within the monumented buffer area must be re-established with a native, non-invasive wetland buffer seed mix. (Staff recommends BWSR U8,U12 or similar upland MNDOT mix) 7. Remove raised -bed gardens from wetland buffers and wetland buffer setbacks." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Development Review Letter dated May 15, 2006. 4. Affidavit of Mailing. 5. November 2, 2005 Letter to Thomas and Paula Schwartz. 6. November 15, 2005 Letter in response to November 2, 2005 letter. 7. 2000 Proposed Survey. 8. 2000 Proposed Survey with acceptable structure locations. 9. 2006 As -built Survey. gAplan\2006 planning cases\06-22 whwariz variance\ec updateAm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Thomas and Paula Schwartz for an after -the -fact Variance request for relief from the 40 -foot wetland buffer setback for an existing gazebo and patio structure — Planning Case No. 06-22. On June 20, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Thomas and Paula Schwartz for an after -the -fact Variance request for relief from the 40 -foot front yard setback requirement to allow after -the -fact placement of gazebo and patio/fire pit structures in the wetland buffer setback on property zoned Planned Unit Development- Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed variances that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development- Residential (PUD -R). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 6, Block 3, The Meadows at Longacres 4t° Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. Literal enforcement of this chapter would cause an undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential district. 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. 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. 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 increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood 5. The planning report #06-22 Variance dated June 20, 2006, prepared by Don Asleson, et al, is incorporated herein. ACTION The Planning Commission denies the Variances from the 40 -foot wetland buffer setback for the existing gazebo and patio structures. ADOPTED by the Chanhassen Planning Commission on this 2& day of June, 2006. .: 1.L : � ' : ►111 • � � • VW Its Chairman gAplan\2006 planning cws \06-22 schwaztz variancefindings of factdoc r"Emao CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and AdEiress: /moi {OmraS X/ 'j /�T. G o- Je_ hW 4i27Z 7376 /.jra — cS,. _77rL CW74w1 S.5 L-A,,rn /7 Contact: mom^s Phone:G/z czc, . o57k Fax: Email: Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review' Subdivision* Planning Case No. CITY OF CHANHASS41N RECEIVED MAY 17 2005 CHANHASSEN PLANNING DEPT Owner Name and Address: Phone: Fax: Email: Temporary Sales Permit Vacation of Right-of-Way/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign** - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost**' - $50 CUP/SPR/VAC AR AP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ -'� SO C' pcl c K. -4k 1013b An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 ('.tif) format. " Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: SC t�7WC�CA Va ctiriC� _ LOCATION: -J1 � (Z 4- LEGAL DESCRIPTION: TOTALACREAGE: WETLANDS PRESENT: . 93 (,Ce S PRESENTZONING: PUz)—z REQUESTED ZONING: t'j X YES NO PRESENT LAND USE DESIGNATION: KPsr�PA+tc�l — REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: th LL')rTt� t.1 JerC14A �0.,j j AtJ' KNU..+(YA5F � /0 FO( lNr 1 iA.vJ S=T3*c�c r �D ccs.'%i o.�T rfuo.v�ec�9cc '��/�T lUc�/rra.0 rg�,��tt�c7�'li 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 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 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 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 Title, 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. I 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. Signatur of Appli t Date Signature of Fee Owner Date G:1plan\ipimgND&,eloprnent Review Application.DOC Rev. 4/05 PROJECT NAME: �ChWCx� }Z V0.✓�rtc� LOCATION: c`i LEGAL DESCRIPTION: TOTALACREAGE: . 9?J (-Cre S WETLANDS PRESENT: X YES NO PRESENT ZONING: REQUESTED ZONING: t -J PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: U-2 itGt a tid_eYrS bra , o f11J n�a,� rd e �vj-�F to Foos wiTi,nNo A50713Ack ,i d U>. h n.._'T ✓•vo.v�eola.� "`r/ /Uc�/%r+.�. �utH-cK�c7 � &A 92,S11 727 ft!��p zrr ,mss Xs --rj 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 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 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 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 Title, 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. I 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. Signatur of Appli t Date Signature of Fee Owner Date GAplanQ4N 3NDivelopment Review Application.DOC Rev. 4/05 May 15.2006 Development Review Application City of Chanhassen 7700 Market RlvA Chanhassen, MN 55317 Request of a variance for Gazebo and adioinine fire Dit located at 7376 Bent Bow Trail. In August 2000 we purchased the above mentioned property from Lundgren Bros. Development. We were told at the time of purchase that a 10 foot wetland buffer existed around the nond shared with five other home sites. We adhered to the buffer restriction as disclosed at purchase. Unfortunately we had no knowledge of a 40 foot Wetland Buffer Setback aligned with a Drainage and Utility Easement which we had no knowledge of. Subsequently. as Dart of our overall comarehensive landscaDine Ulan we placed a gazebo and fire pit within this area. Before placing the gazebo and fire pit we applied for and received approval from the association's architectural committee. In Dlacing a call to the city of Chanhassen's regarding a Dermit I was informed that a "kitted" gazebo didn't require a permit. No mention was made at that time that there was a concern as to the placement. So the gazebo and fire pit were built in 2001/2002 and were nut within the Drainage &Utility Easement and the adioming 40 foot Wetland Buffer Setback. It was after the changes that occurred to the uroverty north of the Longacres Development and the abnormal water runoff entering the pond adjacent to and shared within our property did we find out about both restrictions. We have since conducted exhaustive research, spent thousand of dollars and hired an independent survey comtxmv to determine what we really have as a property. In addition, we have received several bids regarding the destruction, moving or takedown and rebuild of the gazebo and pit only to have those alternatives Drove to be financially imuractical and prove to be too burdensome. Lastly, we are aware that a permit for the Gazebo will be required if the variance is approved. A subsequent permit will be requested should variance be approved. Re Thomas and aula Sch 7376 Bent Bow Trail 'e, 97(1-'1MI 1,55 Fnr.- CTY REEENE� SEN MAy 17 2006 CHANHASSEN PLANWNG DEPT SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on June 8, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Thomas Schwartz Variance — Planning Case 06-22 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sw m to before me this 'W� day of 2006. Notary Public Kar6n J. Enge t dt, Deputy Clerk 1 E KIM T. MEUWISSEN s 1 Notary Public -Minnesota My Commission Expires Jan 31, 2010 Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 20, 2006 at 7:00 P.M. This hearing may not start until later in the avenin depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Variance to allow structures within the 40 -foot Proposal: wetland buffer setback. Applicant: Thomas Schwartz Property 7376 Bent Bow Trail Location: A location map Is on the reverse side of this notice. 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 Chair will lead the What Happens public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 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 the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sere/plan/06-22.html. If you wish to talk to someone about this project, please contact Don Asleson by email at dasleson @ci.chanhassen.mn.us or by Questions & phone at 952-227-1106. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation, Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Date & Time: Tuesday, June 20, 2006 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: Citv Hall Council Chambers, 7700 Market Blvd. Request for a Variance to allow structures within the 40 -foot Proposal: wetland buffer setback. Applicant: Thomas Schwartz Property 7376 Bent Bow Trail Location: A location map Is on the reverse side of this notice. 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 Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 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 the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sery/plan/06-22.htmi. If you wish to talk to someone about this project, please contact Don Asleson by email at dasleson@ci.chanhassen.mn.us or by Questions & phone at 952-227-1106. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. Ityou wish to have somethingto be included in the report, lease contact the Plannin Staff person named on the notification. This map is neither a legally recorded map mer a survey and is not intended to be used as one. This map is a compilation of remde. information and data located in venous city, county, slate and federal offices and ether sources regarding the area shown, and is to be, used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this mep are error free, antl the City does not represent Mat the GIS Data can be used for navigational, nodding or any other purpose requiring exacting measurement of distance or diractim or precision in Me depiction of geographic features. n errors or discrepancies are found please contact 952227-1107. The preceding disclaimer is pmvitled itursuam to Minnesota Statutes §466.03, Subd. 21 (2000), and Me user of Mis map acknovAedges that the City shall not be liable for any damages. aM expreasfy waives all dam, and agrees to defend, indemnity, and hdtl harmless Me City from any and all dans brought by User, its employees or agents, or Mid parties which arise out of the usays access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regaining the area shown, and is to be used for reference purposes only. The City does not wanam that Me Geographic Information System (GIS) Data used to prepare this map are error Irse, and the City does not represent Mat the GIS Data can be used for navigational, trading or any other purpose requiring exacting measurement of distance or direction or precision in Me depiction of geographic features. M mors or discrepancies are found please comad 9$22271 /g7. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Sul 21 (2000), and Me user of Mis nap acMnowledges that Me City shall not be liable for any damages, and expressly waives all darts, and agrees to defend. indemnity, and hdtl hamless the City from any and all cialrts brought by User, its emplOyeaa or agents, M third parties whKh apse but of the usees access or use of data mo idetl. CARTER W & CARRIE A MUENCH THOMAS M & KATHLEEN M KUHL JAMES A CHRISTIANSEN & 7284 BENT BOW TRL 7289 BENT BOW TRL JENNIFER L CHRISTIANSEN CHANHASSEN , MN 55317 -6401 CHANHASSEN , MN 55317 -7562 2435 HUNTER DR CHANHASSEN . MN 55317 -8431 STEPHEN NIKRANT & STEVEN C & ANNE R FORSLUND CHAD A & JENNIFER L ERICKSON LISA KAY NIKRANT 7301 BENT BOW TRL 7315 BENT BOW TRL 7300 BENT BOW TRL CHANHASSEN , MN 55317 -6402 CHANHASSEN , MN 55317 -6402 CHANHASSEN , MN 55317 -402 DAVID C & SUSAN L KIBLER WILLIAM D DOCE-HEIAM & KEVIN P & JEAN ANN THAYER 7329 BENT BOW TRL SUZANNE M DOCE-HEIAM 7351 MOCCASIN TRL CHANHASSEN , MN 55317 -6402 7348 BENT BOW TRL CHANHASSEN , MN 55317 -7549 CHANHASSEN , MN 55317 -6402 RANDALL L & SHELLY A CHRISTY ERIC V & BARBARA F DOREMUS DAVID M & JENNIFER S FRITZ 7377 MOCCASIN TRL 7371 BENT BOW TRL 7385 BENT BOW TRL CHANHASSEN , MN 55317 -7550 CHANHASSEN , MN 55317 -6402 CHANHASSEN , MN 55317.6402 MATTHEW M & SUSAN B QUINN STEVEN M & CAROLYN B WEIBY TERRY L & KAREN F RADIL 7397 BENT BOW TRL 7398 BENT BOW TRL 7415 BENT BOW TRL CHANHASSEN , MN 55317 -6402 CHANHASSEN , MN 55317 -6402 CHANHASSEN , MN 55317 -6400 BRIAN A & AMY R WUEBBELS JOHN R & STACEY L BOSACKER JOHN KEITH & COURTNEY J BRYAN 7400 MOCCASIN TRL 7428 BENT BOW TRL 7406 MOCCASIN TRL CHANHASSEN , MN 55317 -7551 CHANHASSEN , MN 55317 -6400 CHANHASSEN , MN 55317 -7551 DALE F & JO ELLEN MUELLER ROBERT & AMY F BUTTERFIELD ALLISON L CRAIG & 2529 LONGACRES DR 2537 LONGACRES DR ROBERT W CRAIG CHANHASSEN , MN 55317 -7553 CHANHASSEN , MN 55317 -7553 2547 LONGACRES DR CHANHASSEN . MN 55317 -7553 BRIAN P & DIANE M LARSON DOUGLAS L & EILEEN H PETERSON KENNETH & KIMBERLY SWITALSKI 2427 HUNTER DR 7320 BENT BOW TRL 2563 LONGACRES DR CHANHASSEN , MN 55317 -8431 CHANHASSEN , MN 55317 -6402 CHANHASSEN , MN 55317 -7553 DANIEL J & KRISTIE M WIGGER MARK S & PAMELA J GOLENZER KURT W & MICHELLE K ODDSEN 2419 HUNTER DR 7334 BENT BOW TRL 7325 MOCCASIN TRL CHANHASSEN , MN 55317 -8431 CHANHASSEN . MN 55317 -6402 CHANHASSEN , MN 55317 -7549 KARLENE A JOHNSON JAMES W & STACIA L SPEIGHT DAVID M & ELIZABETH D KUCERA 2403 HUNTER DR 7361 MOCCASIN TRL 2572 SOUTHERN CT CHANHASSEN , MN 55317 -8431 CHANHASSEN , MN 55317 -7550 CHANHASSEN , MN 55317 -7547 MICHAEL J NELSON & MICHAEL P SMITHSON & COLLEEN I D NELSON MICHAEL T & MARY T K MAESER JULIE R LARSON SMITHSON 7357 BENT BOW TRL 2584 SOUTHERN CT 7389 MOCCASIN TRL CHANHASSEN , MN 55317 -6402 CHANHASSEN , MN 55317 -7547 CHANHASSEN , MN 55317 -7550 ROBERT M & KATY S KEELER JON E FREEMAN WILLIAM E & KIM M WHITE 7399 MOCCASIN TRL 2575 SOUTHERN CT 2585 SOUTHERN CT CHANHASSEN , MN 55317 -7550 CHANHASSEN , MN 55317.7547 CHANHASSEN , MN 55317 -7547 DAVID JOE & PAULA M WARD BART JAY & REBECCA LYNN EDDY GEORGE E II & JACQUELINE TYSON 7483 MOCCASIN TRL 7433 BENT BOW TRL 7414 MOCCASIN TRL CHANHASSEN , MN 55317 -7552 CHANHASSEN , MN 55317 -6400 CHANHASSEN , MN 55317 -7551 MICHAEL W & JENNIFER APPANEAL THOMAS B & LAURA E PAPAS JOHN O ESCH & 7424 MOCCASIN TRL7434 MOCCASIN TRL LEAH HAWKE CHANHASSEN , MN 55317 -7551 CHANHASSEN . MN 55317 -7551 7444 MOCCASIN TRL CHANHASSEN , MN 55317 -7551 ALLAN D & ELIZABETH D REDING DAVID G & STACEY R HURRELL PAUL D & ELIZABETH S MILLER 7457 BENT BOW TRL 7460 BENT BOW TRL 7473 BENT BOW TRL CHANHASSEN , MN 55317 -6400 CHANHASSEN , MN 55317 -6400 CHANHASSEN , MN 55317 -6400 MATTHEW JEFFREY THOMAS DAVID E & CONNIE S MOORE TIMOTHY J & JENNIFER A LORGE 2555 LONGACRES DR 7330 MOCCASIN TRL 2589 LONGACRES DR CHANHASSEN , MN 55317 -7553 CHANHASSEN , MN 55317 -7549 CHANHASSEN , MN 55317 -7554 LEONIDAS & KRISTINE CHECHERIS BRIAN A & KIMBERLY A WELLMAN CHARLES ARNOLD BOBERTZ & 2411 HUNTER DR7343 BENT BOW TRL MARY BOWAR BOBERTZ CHANHASSEN , MN 55317 -8431 CHANHASSEN , MN 55317 -6402 2401 HUNTER DR CHANHASSEN , MN 55317-8431 PATRICK S & SHERYL M ROGERS MICHAEL E & ANNE M RYAN NEAL R & NANCY J SIMON 2596 SOUTHERN CT 2595 SOUTHERN CT 7490 MOCCASIN TRL CHANHASSEN , MN 55317 -7547 CHANHASSEN . MN 55317 -7547 CHANHASSEN , MN 55317 -7552 JAMES L & LISA R COLBERT KHAT & HEATHER TRAN JOSEPH RANDY WILLIAMS & 7454 BENT BOW TRL 7474 MOCCASIN TRL ANN L WILLIAMS CHANHASSEN , MN 55317 -6400 CHANHASSEN , MN 55317 -7552 7476 BENT BOW TRL CHANHASSEN . MN 55317 -6400 Public Hearing Notification Area (500 feet) Schwartz Variance Planning Case No. 06-22 7376 Bent Bow Trail City of Chanhassen Subject Property LA Building Inspections Phone: 952.227.1180 November 2, 2005 CITY OF of September. As a result of those rain events, the City became aware of C11H11I1HJJf�11 Thomas and Paula Schwartz 11H1�RM 11 7376 Bent Bow Trail 7700 Market Boulevard Chanhassen, MN 55317 PO Box 147 garden area with timber walls, gazebo and a patio area exist on your property. Chanhassen, MN 55317 Re: Structures within Easements and Setbacks at 7376 Bent Bow Trail (Lot Administration 6, Block 3- The Meadows at Longacres) Phone: 952.227.1100 wetland buffer and a wetland buffer setback. These areas are protected by Fax: 952.227.1110 Dear Thomas and Paula: Building Inspections Phone: 952.227.1180 The City of Chanhassen experienced significant rain events during the month Fax: 952.227.1190 of September. As a result of those rain events, the City became aware of Engineering some issues with its storm water conveyance system. One of the issues that Phone: 952227.1160 became evident to City staff involves your property and has been aggravated Fax. 952.227.1170 by landscaping and construction activities at the above address. Currently, a Finance garden area with timber walls, gazebo and a patio area exist on your property. Phone: 952227.1140 These are located within drainage and utility easements, conservation Fax: 952.2271110 easements and/or wetland buffers and setbacks. Park 8 Recreation Phone: 952.227.1120 There are several issues with the structures as installed: Fax: 952227.1110 1. The garden area and associated timber walls are located in an area that Recreation Center was designed to function as an emergency overflow for the wetland just 2310 Coulter Boulevard Phone: 952,227,1400 north of our home. Without an emergency overflow, the wetland could noY g Y Fax: 952.227.1404 raise to an artificially high level, threatening to flood homes adjacent to the wetland. Planning & Natural Resources 2. The gazebo and patio are located within a conservation easement, a Phone: 952.227.1130 wetland buffer and a wetland buffer setback. These areas are protected by Fax: 952.227.1110 the conservation easement, as well as by Chanhassen City Code. No structures are allowed within these areas. Additionally, further review of Public worts 1591 Park Road your property file revealed that a building permit for the gazebo structure Phone: 952.227.1300 has not been issued. Fax: 952.227.1310 Senior Center To bring your lot into compliance with Chanhassen City Code, The following Phone: 952.227.1125 issues must be addressed: Fax: 952.227.1110 Web site 1) Restore the emereencv overflow swale for the wetland. The garden and www.ci.chanhassen.mn.us all associated structures must be removed from the emergency overflow Swale and the drainage easement as illustrated on your lot survey. As part of the removal, you,must re -install the Swale that has been removed as part of the garden installation. As indicated above, the Swale that was removed is critical to the proper functioning of the storm water system in your neighborhood. Without the capacity to overflow in high water situations, the wetland is more likely to cause flooding problems within your neighborhood. The City of Chanhassen • A growing community with clean lakes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 2) Relocate the patio and gazebo. The gazebo and patio must be moved outside the drainage and utility easement, conservation easement and the 40 foot wetland buffer setback (please see enclosed survey for details) or removed from the property. Additionally, a permit shall be obtained from the Chanhassen Building Department for the construction and/or moving of the gazebo. If you do not wish to move or remove the structures, you may apply for a variance from the 40 foot wetland setback and wetland buffer requirements. The variance process is a public process that allows public input before the Planning Commission and/or City Council make a decision. As part of the variance process, you will be required to submit an updated survey illustrating the gazebo and patio locations, the drainage and utility easements, conservation easements, wetland buffer setbacks, edge of wetland and wetland buffer monuments as currently shown on your survey. This process does not guarantee that you will be able to keep your structures in place if the Chanhassen City Council decides to deny the request for a variance. In order to leave the structures in place, you would also need to receive relief from the conservation easement requirements. This would occur immediately following, or concurrent with, the variance process. 3) Replace wetland buffer monuments. The wetland buffer monuments must be replaced to the locations shown on your lot survey. If you do not have the buffer signs, the City has them available at a cost of $20 per sign. I have enclosed a copy of your property survey, the portion of Chanhassen City Code that addresses wetland buffer and setback requirements, and the documents that you will need to apply for a variance if you decide that you would like to pursue a variance or variances. In the future, please submit any proposed improvements for a zoning compliance review with the Chanhassen Planning Department to avoid violation of City Code. A zoning compliance review is free and essential to ensure that the proposed improvement complies with all city ordinances. If you have questions, feel free to contact me at 952.227.1106. I appreciate your cooperation in addressing this issue. Sincerely, CITY OF CHANHASSEN Don Asleson Natural Resource Technician IC .f Enclosures: 1) 7376 Bent Bow Trail (Lot 6, Block 3, The Meadows at Longacres 4'�) Lot survey dated March 2000. 2) Section 20-406 of Chanhassen City Code 3) Variance application documentation Thomas and Paula Schwartz - 7376 Bent Bow Trail, Chanhassen, MN 55317 November 15, 2005 Don Asleson City of Chanhassen 7700 Market Blvd. Chanhassen, MN 55317 Dear Mr. Asleson; This communication is in response to your letter dated November 2, 2005 and the subsequent telephone call on November 14, 2005. You have requested that we remove the garden area which allegedly interferes with the natural swale of the pond. I am requesting that the City of Chanhassen grant us additional time (Spring, 2006) to research our options; review with legal counsel the requests that you put forth; have time to apply for variances (if necessary); and if necessary, prepare and budget for the significant changes you have requested in our property. You have requested that the garden area be removed to return the "emergency overflow swale to its original state". I wish to reiterate that we have made NO CHANGES to the original grade of this Swale. The garden has been in existence since 2001 with no adverse effect on drainage throughout our property. Secondly, you are requesting that we put in place the "wetland monuments". These monuments did not exist when we purchased this property in 2000, nor were we informed of such monuments by Lundgren Bros (the seller) or the City of Chanhassen which granted us certificate of occupancy without these monuments in place. These changes have initial estimates in excess of $15,0001 The financial hardship you proposed is rather staggering and I hope the city understands I am still very uncertain as to the implications of what's being requested and therefore need time to do my homework and to seek advice from those who are better versed in these matters. With these considerations I think it best if we cancel our meeting which was scheduled for Friday, November 18. It is our hope that we can reach a mutually acceptable agreement. and FOR: LUNDGREN BROS. Is x I L --- J I SCHOELL dr MADSON. INC axwlons . suawiass . woman soz. wslws . ootsswewrw. samccs rosea nmr�Tn ealsavwm. anE � rwacsaes� w esxs I (nz) aw-rwi rrot's1a-Does VMJNT ti / ozaicmcr wavn�I•w�� "V;1 - d' o 147. i0 4.V \ � S cues DESCRIPTION: Lot 6. Block 3. THE MEADOWS AT LONGACRES 4TH ADDITION. BENCHMARK: Top of iron monument as shown Elevation = 992.48 (NGVD-1929 Datum) (101-52) `CW r i\ i C Ot EROSION CON 4 AN INVAE;,TTPE ON THE FLAN ANgC,R FENQNG S aFOSUR EY pR N UHT'£ LOT. IS £%GALA ION AND DUIN1A FULLY NEGEIATED: W � G IN, gt£S MAY. HA CONSiRU6110H ST FENCING 9£ USED 1% LIEU GENERAL NOTES: 1. • - Denotes Iron monument. 2. x890.0 - Denotes existing spot elevation. 3. x(890.0) - Denotes proposed spot elevation. 4.-,, - Denotes direction of surface. drain. 5. Proposed garage floor = 994.0 (DROP GARAGE I COURSE) 6. Proposed top of foundation = 995.0 7. Proposed -basement floor - 987.0 8. - Denotes wetland buffer monument. CITY OF CHANHASSEN I hereby certify that this survey was RECEMM prepared under my supervision and that MAR E 7 ZOM 1 am a Licensed Land Surveyor under the laws of theState of Minnesota. ENON6FAWC DEPT: Bruce W. Skipton me.pw na .+w�xa�e� *t-UDD 40 0 40 Date: 3-9-00 -License No. 17768 80 120 Feet yymb�� RVEY FOR: LUNDGREN BROS. eu2Rrq I =0L, L & MADSON, INC. GAMTA e0V1EYARD. 8 1 aEioNlBtxn VaKe -1801 nk)54*- w VACA"a N83,16-4CE \. I- 1 "1 \ \ o \ c / \iJ N8Y06'01-W� ENERGENCY OVERROW SWAIE/ 1P era �e I Ra?5p d>08, 000 4'56'1 \ day780,0? =�4"5 70° r N Sa. ° S= s2 001 OJ.°T e K, - GUP.B DESCRIPTION: Lot 6, Block 3, THE MEADOWS. AT LONGACRES 4TH ADDITION. BENCHMARK: - Topof iron monument as shown Elevation = 992.48 (NGVD-1929 Datum) (101-52) a�R�2 / EROSIO14 E CONTROL 4 AND!CR INSTAUTYPE OWN ONPRIOP. To FENCING AS OF SUAY INiAIWINTERLOT. 15 CEAT1f1tATE Atli) Mp WAVAT10N TTYBALES MAY. FULLY VEGETATE STAKED NA - CONSiAUN i EU Of FENtING III USED GENERAL NOTES: 1. - • — Denotes Iron monument. 2. x890.0 — Denotes existing spot elevation. 3. x(890.0) — Denotes proposed spot elevation. 4.r— — Denotes direction of surface drainage 5. - Proposed garage floor = 994.0 (DROP GARAGE 1 -COURSE) 6. Proposed top of foundation = 995.0 7. Proposed basement Floor — 987.0 8. Q — Denotes wetland buffer monument. CRY OF CHANFIABSEN - I hereby certify that this survey was INCEMM- prepared%under my supervision and that KAR 2 i 2= ENGINEERING DEPT. I am a Licensed Land Surveyor under the laws of theState of Minnesota. TLIKMerA/• Bruce W. Skipton µsu�dq of UDV 40 0 40 Date: 3-9-00 License No: 17768 80 120 Feet byy eaa�L'.L 3tii 3.3t', iii ;_ BOUNDARY, LOCATION. za c , {t - 4 = & TOPOGRAPHICAL SURVEY • • ai ' S3' �E� f �} t - i• } i� c' S - • :�� ••...v.}•,�,� �•*+® P 5 „ •-� z f° tri i� G• rnseEx*eow man / h � cww, sscx ux ss3:r _ �U� � o.` LM1• N � i 8 BOUNDARY, LOCATION. / c , {t - 4 = & TOPOGRAPHICAL SURVEY • • ai p n� mEPME0 FM SATHRE-BERGQUIST, INC. I c < w c' geE,€Qe£4� TOM SCHWARTZ :�� ••...v.}•,�,� �•*+® 5 „ •-� z f° rnseEx*eow man / h � cww, sscx ux ss3:r _ �U� � o.` LM1• N � i 8 BOUNDARY, LOCATION. {t - 4 = & TOPOGRAPHICAL SURVEY • • ai p mEPME0 FM SATHRE-BERGQUIST, INC. I c < w c' geE,€Qe£4� TOM SCHWARTZ :�� ••...v.}•,�,� �•*+® 5 „ •-� z f° rnseEx*eow man cww, sscx ux ss3:r City Council Meeting — July 10, 2006 residents. Both to the east and the west, and I think it would still be my suggestion to make sure we get it right. Councilman Peterson: And I would think we should be able to tum it around in 2 weeks. Mayor Furlong: I mean we can. I mean there are issues here that need to be addressed and if we can do that, that'd be great. Let's tum it around as quickly as possible would be our recommendation. Other thoughts and comments at this point or issues to, I mean I don't want to start repeating and, repeating and being redundant. Councilman Lundquist: Given even the, ask the questions about the height of the other buildings with the other things that have been brought up and the changes of the conditions, I don't want to have one where we're you know, you know what she said. Mayor Furlong: Yeah, no. No, absolutely. Councilman Peterson: Motion to table. Mayor Furlong: Thank you. Is there a second? Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Councilman Peterson moved, Councilman Lundquist seconded that the City Council table Planning Case 06-26 for Lakeside development. All voted in favor, except Councilwoman Tjornhom who opposed, and the motion carried with a vote of 3 to 1. Public Present: Name Address Eric V. Doremus 7371 Bent Bow Trail Paula & Thomas Schwartz 7376 Bent Bow Trail Michael Nelson 7357 Bent Bow Trail Kate Aanenson: Thank you. I just wanted to point out to the council, I did hand out conservation easement. I just wanted to explain that. There is a conservation easement that's associated to this application and that's some standard language for a conservation easement. So I'll go through that in a minute after we go through the staff report. The variance request before you tonight is, the Schwartz case on 7376 Bent Bow Trail, located here in the Longacres subdivision. This is the lot itself. While the lot is very large, it's actually encumbered by a couple different types of easements and I guess that's one of the reasons why I pulled out the W1 City Council Meeting — July 10, 2006 easements for you tonight. What brought this to our attention, in going through the staff report in the storm last summer, October. Excuse me, last fall. September -October, 2005 it was noticed that there was some plantings and structures in the drainage overflow areas, so I'm going to refer to the site plan. Again this was an exhibit in your packet, and there is a wetland on the site. It's a little confusing with all the colors but I'll try to walk through this slowly. The subject site, it's a building permit application that shows the home on the site, and then there is an area that's called the buffer, wetland setback area. The pink area shows the drainage and utility easement, and then there is a wetland with a vegetative buffer requirement. So this is supposed to be the planting area and this is supposed to be the no build area. In this instance what you see is about 75 feet for the wetland setback and to reduce that setback increased the landscape requirement next to the wetland to reduce some of the material that was going into the pond, and then allow the houses that ... closest to the pond. And part of our investigation of the site, when the stone events occurred, it was noticed that there was some structures in the site itself so staff did approach Mr. Schwartz and ask them about how they got there, and that sort of thing, so this is the house itself. The back of the house. And this is the gazebo. The gazebo and then the patio, and then this is the planting area on the side. I'll show you where that is in just a second here, and then the gazebo with the patio blocks. So looking at the site itself, this is the last pages here, and it's really small so it's kind of hard to go through it, but if you were to follow areas where they were supposed to build in, this is where the gazebo sits. It's not all in the no build area. Actually falls into that kind of that buffer setback, as did some of the stones. Now it's not solid, but there's stepping stones through there. And then the planting area, that is being removed and resolved as we speak, so that should be a non -issue. What the Planning Commission did... and again the issues are one, there's a 12 foot encroachment into the wetland buffer, then a 5 foot into the 40 foot setback, so it'd be for these structures here. The Planning Commission did recommend denial of the variance request, and did ask for staff to work with the applicant. Again they're working to resolve this. This is the drainage overflow from the pond, so we certainly, based on the stone events in that area, want to make sure that's really been met since we had an issue. We did work with the applicant and try to come up with some scenarios that we thought might be acceptable, and obviously it's pretty onerous when you look at the ... so we did recommend that that be ... that might be a little onerous, so he's still pursuing that and we weren't able to reach compromise because... So I just want to go through the recommendations that we have in front of you tonight if there's no questions on the variance itself. One ... to approve the variance for the encroachment of the gazebo, and to make sure that that gets a building permit. And gets inspected and approved. And then also, there'd be no additional expansion of the structure. That wetland buffer signs, the markings are there and they show up on the survey, but the posts aren't there ... taken care of... And then possibly, and I think this is the area that ... removing of the fire pit area. And then also that all the garden areas be re- established and those would be the areas that were targeted specifically in here that were supposed to be more vegetative, and that would be just on the other side of the gazebo. Between the gazebo. If you're looking at this picture between the gazebo and the wetland, that will increase to kind of mitigate that and the vegetation, and then again, number 7 ... get resolved. So with that, be happy to answer any questions that you have. Mayor Furlong: Questions for staff. Kate, I guess going back to the colored survey. Just for clarification. Eli] City Council Meeting — July 10, 2006 Kate Aanenson: The multi colored one? Mayor Furlong: Yeah, the multi colored one. And you did a good job staying within the lines. The pink area is storm water drainage and the problem was to the, I guess to the middle on the left of the survey. The less point there below the pond. No, move your hand. Right in there, yeah. That's where the problem occurred last fall, is that correct? Kate Aanenson: Yes. Mayor Furlong: With that, the pond over flowing? There was no place for it to go? Todd Gerhardt: It over exceeded the pond banks and went directly south where the arrows are. Mayor Furlong: Okay. But that was obstructed by the, that was obstructed, that emergency overflow. Todd Gerhardt: By the garden, yeah. Mayor Furlong: By the garden? Todd Gerhardt: Yep. Mayor Furlong: Okay. What does it, to the upper right of the survey, to that area up in there. What does that provide in terms of surface water drainage and flow? Kate Aanenson: That's actually the taller grassy area. That's supposed to be the area that actually the vegetative, so what that's going to reduce is supposedly pick up some of those sediments. The tall grassy area. Where you have, this is your buildable area. This is the area that you can just, you can use the grass ... lot area but it's not that impervious, and that's where that conservation easement comes in, because we've had... Mayor Furlong: And that area up there has a conservation easement across it? Kate Aanenson: Yes. Mayor Furlong: Up in that area? Kate Aanenson: Yeah, it clearly says conservation easement on here. And then just to be clear, this is a drainage easement which is different than a conservation easement, and they're two different documents so maybe the conservation easement, and we've been using, actually I think you've probably... subdivision when we started doing conservation easements. These are really an iteration of when we looked at the different approaches for tree preservation. And this was one of the subdivisions, one of the first ones that we did a significant amount of tree preservations along the Woods of L.ongacres and the Meadows at L.ongacres to save trees so the conservation easement actually became an umbrella for both of those. Which is different than a drainage and utility easement. So if you look at the document, description of how they tend to be 41 City Council Meeting — July 10, 2006 used is different. And we always check on those because if we want to use it for public purpose or something, we would check to see what the use would be prescribed for the guiding. So I did give you that and that's pretty much, we made some minor modifications ... that doesn't work for me but we've had problems with people putting in a lot of hard surface in there that, sport courts, sometimes a lot of the play structures that we try to keep out of that area. Again that's to help us with, the green area provides an area for additional drainage and then also to help reduce the velocities... Mayor Furlong: Absorption. Kate Aanenson: Correct. Mayor Furlong: It allows the ground to absorb it rather than accelerate the runoff. Kate Aanenson: Correct. Mayor Furlong: And is that then the purpose in the blue area for the setback from that buffer is again for the non -impervious component is key there? Kate Aanenson: Yes. Yes. Mayor Furlong: Because that does not have that conservation easement in the blue area. That is strictly a setback. Kate Aanenson: Yep, it's a wetland setback. It doesn't have the restrictions of. Mayor Furlong: Of the pink area. Kate Aanenson: Right. Right. So the issue is, you know when we look at this lot, it looks like almost an acre lot, but it unfortunately is encumbered by a lot of easements. And this is, there is a different application in the subdivision of the PUD. The mix of the lot size, so that may, some of the lots that got bigger ended up bigger because they were burdened with some of the, yeah. There's different ways to approach it. You could have made that public outlot, which we've done on some, and just called it a drainage swale and let it in an outlot. In this circumstance the buyer gets the duty of maintaining that, but not getting the benefit of... Mayor Furlong: Okay. Councilman Lundquist: Kate on this lot specifically, where does the storm water drains on that ... trail? There's not much, as I remember, there's not much space. It's pretty steep from, if you're at the north. Kate Aanenson: Then it goes up here. Councilman Lundquist: Yeah. DA City Council Meeting — July 10, 2006 Kate Aanenson: It's going this way. Mayor Furlong: It falls off to the pond? Councilman Lundquist: Right. It might flow, but it falls off pretty steep into that pond, right? Kate Aanenson: Yep. Councilman Lundquist: And is there storm water drains along Bent Bow there? Kate Aanenson: Yes. Todd Gerhardt: For my guess that's gravity flow down the road and the catch basins are. Kate Aanenson: Somewhere at the bottom of the slope, yeah. And looked at the overall material. Councilman Lundquist: Okay. So that, you look at that pink and blue area between the pond and the house, and you really, that's mainly shedding runoff essentially from it's own area. Kate Aanenson: Correct. Councilman Lundquist: It's not like you've got half of the neighborhood flowing. Kate Aanenson: No. No. Councilman Lundquist: Over the curb and through there. Kate Aanenson: No. Right, and again it's the, it's that we don't want people in general to, and that's really what it's about. And it's not encouraged, or what people think that they can just build in those areas... higher events, yeah. Councilman Lundquist: If you look at that lot area as a whole, and with the house, the deck, the gazebo and the fire pit area, did you figure out what the total hard cover is? Kate Aanenson: Yeah, and that's not the problem. I agree. It's a big lot. Right, so in this instance I would concur. It's probably not the impervious. So really. Councilman Lundquist: Just for curiosity. Kate Aanenson: No. I mean I don't know, you know that's a good question and I'm not sure that we have it in there, the total impervious. Because it probably would be pretty minimal because it's got such a large lot. Councilman Lundquist: Less than 20% probably? W, City Council Meeting — July 10, 2006 Kate Aanenson: Probably, yeah. Because it's .93. Yeah, so really I guess what we came down to is trying to find a way to mitigate this, measure outside of that into this area more. Councilman Lundquist: And the area from the gazebo and the fire pit to the pond is also pretty, we don't have any danger of the pond flowing up that high and not blocking any drainage out of the pond? Right, that's got to be 10 feet above the. Kate Aanenson: Yeah, and there's a significant grade change from the gazebo down towards the lake. Councilman Lundquist: So it's really that part of the drainage and you know flooding the neighbors houses and all that, that the garden is ... and the rest is the building in a conservation easement and not having a permit for the gazebo and those things. Kate Aanenson: That's correct. Councilman Peterson: Are the, is any of the paver walkways in the area or not? Kate Aanenson: Yes they are. They're also in that, if you look on this survey. You can see this is supposed to be the area where the limited hard cover, but it shows this as a stone path but when you look at the photo you can see it's not solid. Mayor Furlong: I think there are some, and maybe we can ask the applicant but I think up by the driveway it's. Kate Aanenson: More solid. Mayor Furlong: Yeah. Yeah, there are some other pictures as they said but I don't know if you have those or not. It varies I guess is the point. Kate Aanenson: Yeah. Councilwoman Tjomhom: Has there been any communication between you and the applicant since the Planning Commission meeting? Kate Aanenson: Yes, and that's what I'm saying. I think you know the Planning Commission, and so we thought maybe taking that out, and obviously that seems pretty onerous. Councilwoman Tjornhom: Taking the fire pit out? Kate Aanenson: Correct. Seemed pretty onerous and I understand that so. Their request was to appeal it. Mayor Furlong: Question on the, I'm looking somewhere in the report here but I thought I saw some effect that when Longacres was approved, that was a PUD, correct? M City Council Meeting — July 10, 2006 Kate Aanenson: That's correct. Mayor Furlong: And some of the setbacks from wetlands were averaged across. Kate Aanenson: And that's typically how we do all wetland buffering. You can average it. It's built right into our ordinance, and that's based on the fact that when we're doing a subdivision, and using this as an example, sometimes the wetlands pinches on a lot and you just have an odd piece trying to get it to lay out with the streets, so somebody on the other side might get the burden of a larger portion of the buffer... Mayor Furlong: So you try to average it out there? Again trying to get that overall. Kate Aanenson: Right, and sometimes it's difficult and why we keep the markings in is so people can see that physical barrier. The post. The posts are in so if you just look at the property of your neighbors and make an assumption... Mayor Furlong: Okay. Is the same process used for impervious surface? Using averages across the development. Was that done here? Kate Aanenson: Not in this. This is a per lot basis. We do do that commonly on commercial and industrial. Mayor Furlong: Okay. Kate Aanenson: That would be... Mayor Furlong: I know we've done that so. Kate Aanenson: Yeah, on commercial industrial. Mayor Furlong: Alright, thank you. Kate Aanenson: Let me take that back. We also do it on multi family, but not on the single family detached. Mayor Furlong: Okay. I'm sure there's a but for somewhere. I think we just did that on the Preserve perhaps. Kate Aanenson: Yes. Mayor Furlong: Yeah, where we used. Kate Aanenson: Yes. Mayor Furlong: Which was single family detached. 45 City Council Meeting — July 10, 2006 Kate Aanenson: And that was... yep. A new zoning application, connect. But under this PUD, single family detached, you could not average it. Mayor Furlong: Okay. Even though it was a PUD? Kate Aanenson: Correct. Single, yeah. Mayor Furlong: Okay. So we averaged the setbacks were averaged across the wetland buffering. Kate Aanenson: We averaged the buffering. Mayor Furlong: And then wherever the buffer was, there was 40 feet beyond that. Kate Aanenson: Right. Yes. Mayor Furlong: And obviously Lundgren... Kate Aanenson: ... yeah, and really it worked out on how you tried to get the streets and if you've got a steep slope and how, there was a lot of push pull. Mayor Furlong: Okay. Alright. Kate Aanenson: So I would concur. This is probably one of the bigger lots out there. We have lots as small as 11,000 up there. This is probably one of the bigger lots. Mayor Furlong: Okay. Any other questions for staff right now? Maybe some follow up questions. The applicant I know is here. Good evening. Tom Schwartz: Good evening Mr. Mayor or council members. My name is Tom Schwartz and I live at 7376 Bent Bow Trail. I'm actually kind of humbled to be up here after listening to what you had to endure for the last 2 hours previous. Mayor Furlong: With your permission. Tom Schwartz: I'm just going to kind of go through a history of events that kind of led me to standing here in front of you today. I'll try to make this brief. To begin with we signed a purchased agreement with Lundgren back in January of 2000. We subsequently closed on that house on August 29`h of the same year. At the time that we purchased the property we were informed of the 10 foot wetland setback. We knew of that. We knew that we had to stay away from that, and we knew that that was the no cut, no mow, no touch zone. What we didn't know at the time were all the other restrictions that you see on this map. Because truthfully had we known at the time, and I think it's pretty common, I don't think anybody would have really put a house there. I think it would have been an outlot. Should have been an outlot, but with that being said, we went through, afterwards I looked at all the covenants before we did our landscaping. Before we did everything else and nowhere within those covenants does it state M City Council Meeting — July 10, 2006 that we couldn't put gardens, gazebos, fire pits or any other surfaces. So with the lack of a map, without the lack of any covenant indication that we had these restrictions, we moved forward. In the spring of 2001 we worked with designers and landscapers. We created a pretty intensive and pretty expensive layout. You saw some of it on the garden, which we'll get into. That was within the overland swale. It's been removed. It had existed there pretty successfully for 5 years. In March of 2003 we submitted to the planning commission for the Longacres Homeowners Association to put in the gazebo and the fire pit. Subsequently upon approval from then, I called the city and asked if a permit was required or necessary to put these structures on my property. At the time, and unfortunately it was by a phone. It was not hand written or over a formal mode, I was told nothing else was required by city code. That I could go ahead and put the gazebo on my property. So consequently in April of the same year I put it in. I had the landscaping designed around it, of which you saw some of the pictures. And again trying to make this brief so I apologize. Another view. Another view. You get an opportunity to see the extensiveness of the landscaping that was designed around this gazebo and fire pit. The idea was to minimalize the intrusion if you will to any neighbors. In other words, if they looked at this from the front of the property, you virtually because of the pine trees that you see here, it creates a natural buffer on the Bent Bow side. On the Moccasin Trail side, along Moccasin Trail we've also put in pines. By the time that those mature, and with the advent of this landscaping, we felt very confident that no one's really going to see it. Nor would it be effected. You know it wouldn't harm them in other words. In the fall of 2005, and you heard some of this already, the storms created a series of events that led us to know that these things are in the wetland conservation easement. There's overflow swales. We think, not knowing ahead of time but finding all this out in the fall, that you know I guess we'd like to just be able to leave it there. It's first of all it's not creating a hardship to any neighbors. It's not affecting the values of the neighbors. It's not affecting the flow of water to or from the pond. There is, and I think Kate mentioned on the back side of this gazebo, there is an area, and I'm not sure that you see it clearly but there's clearly a 10-15 foot area between the water's edge and what I knew to be the water's edge at the time that these were built. There is 15 feet of vegetation back there. Okay. And we maintain that, not only behind the gazebo and the fire pit, but behind the garden that was recently reconstructed. So we maintained what I thought was a pretty safe level of distance from the pond, and that would allow any runoff from any of the hard surfaces that we do have to readily be absorbed. I think what I'm going to do is jump ahead very briefly. I wanted to show some pictures of the before and after. This is the before pictures of the garden area that existed within the overflow swale. What that looks like today, and as of last Thursday, and what I proposed with this picture. Somewhat similar in nature and view. What has been done is all the garden has been eliminated and there is literally a 3 to 4 foot trench between the pond itself and the beginning of what was natural grass area. By engineers, they indicate to me that that swale and the way that it exists right now will guarantee for the next 30 to 40 years that should this pond ever flood again, that that swale will take care of whatever needs there may be. I guess with that, and I kind of jumped around. I apologize but this has kind of got away from me. I think in, lastly. With all the covenants and with all the restrictions and so forth, what has been indicated to me is that clearly the area in blue is what I get to play with so to speak. Everything else in that 9/10ths of an acre is what I'm being told no touch. I can't alter it. I can't remedy any problems within it. I shouldn't have put anything in there to begin with. And again I think that it just you know, what's there ... restricts any use or utilization of this property in hind sight. And some bad decisions were made and I'm hoping I don't have to pay the price for those today. 47 City Council Meeting — July 10, 2006 Mayor Furlong: Thank you Mr. Schwartz. Questions. Councilman Lundquist: Did the reconstruction of the drainage swale, staff saw those plans or designs or those things? Did you guys see that before that? Kate Aanenson: I'm not sure. Tom, has Don looked at those drainage? I don't believe so. Tom Schwartz: I don't know that he has. He was notified that that work was being done last week. I was told by the Lundgren representative which had a hand in that reconstruction, that he had been in contact with engineering staff here and he was confident that what they had created as an end result will, would suffice for many years to come. Councilman Lundquist: So you Mr. Schwartz, you used Lundgren's engineer or the engineering firm that, or someone that was recommended by them? Tom Schwartz: Recommended by them. Yeah. Yeah, we paid to have a complete re -survey done as well as then, as I said and you can kind of see what we've done with what was a garden. Councilman Lundquist: You did that work at your cost? Tom Schwartz: Yeah. Well we're in negotiations with Lundgren as to how that all comes about. And due in part because of the fact that we weren't properly notified of the restrictions that exist on this piece of property. Councilman Lundquist: I guess what, we didn't, the city did not contribute any money into that basically? Kate Aanenson: No. Tom Schwartz: Correct. Mayor Furlong: Other questions? Thoughts? Comments or questions at this point for either staff or Mr. Schwartz. Councilman Peterson: Kate, I assume that you haven't, nobody on your staff or Paul's staff has gone out and inspected this yet? Kate Aanenson: That's correct. So that would be a condition that we would just want to verify that that, it seems like it would work but just to verify the design and that it works. Mayor Furlong: Okay. Alright, thank you. Thoughts. Discussion. On this or other follow up. Councilman Peterson: My immediate reaction is that I'd like to have staff, before I decide to do anything tonight, is to verify what they've done and see if it meets what we're looking for. Then let staff and the applicant work together to try to figure out something creative. If they truly M City Council Meeting — July 10, 2006 have accomplished the goal of getting one of the issues resolved, let's see if we can have them work to get the other ones as well too. Mayor Furlong: Okay, my thought, I think that's reasonable. I think there is, while we're not overall on the property dealing with an impervious surface coverage issue, it's the location of the pit and the gazebo that is the, the location is an issue and I'd like to see if the Schwartz' and staff could look at that and see what options might be there as well. But I do give the Schwartz' credit. One of the big issues that we have in this city is storm water management and making sure that the system works when we need it, and the night that we needed it, it wasn't working so I'm glad that that was taken care of, or is in the process of being taken care of and obviously I agree with Councilman Peterson that that's something that staff needs to be, see what's happening. Make sure they concur with what's done there and work together with them on that. So other thoughts? Councilwoman Tjornhom: I agree Mr. Mayor, but I do feel, I mean Mr. Schwartz, obviously it was painful to remove his gardens and it was not something he intended to intentionally do something to damage his neighbors or the neighborhood or the water flow or anything. I believe it was just an attempt to create an atmosphere that was desirable for their family and their back yard so, I'm hoping that when this issue is resolved, it's not as painful as it was having to remove the gardens. They were gorgeous gardens and now you have something that's as nice so I'm hoping we all can come to some sort of resolve where they don't have to have $15,000 to have stuff removed and that yet still we can protect our surface water management flows. Mayor Furlong: Okay. Councilman Lundquist, thoughts. Councilman Lundquist: I would concur with Councilwoman Tjomhom that you know having talked to Mr. Schwartz, I didn't get the feeling that there was a malicious intent to subvert the process where if somebody saw a survey and said you know, you can't build anything in here so I want to build something there. If I just pretend that I didn't know that and build it, you know maybe they won't catch me. Didn't get that. Clearly the issue arose there with the overflow and the fact that the applicant worked to mitigate that piece, obviously as I looked at it, that was the one that concerned me the most. That overflow. That affects the neighbors and the rest of the neighborhood and you know has the potential to create some damage to property there in a big way so, being that that was corrected, and the fact that, is the gazebo and the fire pit in an area it's not supposed to be? Yeah. And nobody's going to argue with that, but given the rest of the topography around the neighborhood road, the steepness of that, by that, I'm willing to give some credit to the applicant to, you know for the absorption of the cost of the rest of the changes that were made with the removal of the garden and doing that piece, I would concur that I'd like to see I guess that verified. Either engineering drawings or inspection or both or however that works out to make sure that that is in fact going to work if we need it to work. Todd doesn't want to go out there and dig another trench so. But that I, I think I'm comfortable with where it's at. I know I'm comfortable with where it's at right now, and you know to obviously go back, do the conservation easements as staff suggested. Get the permit both for the gazebo. Get it inspected. Make sure it's safe and everything's good there. But then I'm comfortable with the level of changes that have been made and the things that have been done, that I'm willing to grant the after the fact for the gazebo and the fire pit. EN City Council Meeting — July 10, 2006 Mayor Furlong: Okay. Any other thoughts? I guess my overall, you know I, again I commend the work that's been done. I agree with you Councilman Lundquist on that. The issue of, if this wasn't an after the fact, I'd be surprised if the council would be granting the variance to locate these there, and I don't have a sense that there was, as you said, any malicious attempt. At the same time I think you know the location of the impervious surface coverage is something I guess I'd like to have staff spend a little more time and work with the residents and see if something can be done there before we go forward but. Kate Aanenson: Yeah, I was going to suggest something on that line, is to look at the overall impervious for the entire. That seemed to be some of your discussion. For kind of a rational basis for the findings. To look at how much impervious, or how much coverage on there right now so, see where we're at. It is a peculiar lot in the fact that it's encumbered by the large drainage swale. Mayor Furlong: Absolutely. Absolutely. Kate Aanenson: And that makes it a little bit different, which again would be another kind of thing, looking at the findings. Mayor Furlong: Yeah, and I think as part of the findings, I think traditionally you know in terms of continue to look and see what more might be done is just the location of where it is. Other thoughts or. Councilman Lundquist: I wouldn't dig my heels in to take you know a couple weeks or whatever to look at that. I think that's fair and reasonable. We've gone through this much so yeah it's. Mayor Furlong: And Mr. Gerhardt, you can guarantee we're not going to have another 100 year storm? Todd Gerhardt: Sure. Don't want to go through that again. Any comments regarding the inspection of the gazebo? Getting a permit. Getting that inspected included. Mayor Furlong: Yes, I think that's part of it and making sure that everything's done right. Other thoughts. Councilman Peterson? Councilman Peterson: I'll agree. Mayor Furlong: Okay. We table. There's a motion to table? Councilman Lundquist: Motion to table. Mayor Furlong: Let staff and the applicant work together. Is there a second? Councilwoman Tjomhom: Second. Kc City Council Meeting — July 10, 2006 Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council table Planning Case 06-22, Variance request at 7376 Bent Bow Trail. All voted in favor and the motion carried unanimously with a vote of 4 to 0. GARY CARLSON, 3891 WEST 62ND STREET: VARIANCE REOUEST FOR RELIEF FROM THE 30 FOOT FRONT YARD SETBACK REOUMEMENT FOR THE RSF DISTRICT. Public Present: Name Address Dale Keehl Gary Carlson Luke Melchert Maureen and Molly Carlson Megan Moore 3841 West 62nd Street 3891 West 62nd Street 1122 nd Street W, Chaska 3891 West 62nd Street 3891 West 62nd Street Kate Aanenson: I did hand out to you a copy of the most one that we received this afternoon from the applicant. Subject site. Mr. Carlson's variance request is located on 3991 West 62°d Street. Megan Moore: 3891. Kate Aanenson: Thank you. Yeah, I believe that's what I said. Megan Moore: You said 39. Kate Aanenson: Okay. Mayor Furlong: Go ahead please. Kate Aanenson: 3891 West 62nd Street. Located on the northern end of the city, north of Highway 7. This is the subject site. You can back out a little bit Nann. This photo is a little bit outdated. I'll go through the current site plan here in a second. Request is for the variance of the garage. This garage located right here. A 20 foot front yard setback for 1,000 square foot garage. The Planning Commission did hold a public hearing on June 20th, 2006 to review the variance and the Planning Commission voted 6-0 to deny this. In the staff report there's a background. This did appear before the Planning Commission, in the background, and that date in, let's see. Oh, on April 4th and they had 10 days to appeal that variance and that did not occur so it, they had to start the process back over, and that's the same application that you're seeing before you. This property, in the background, this property is zoned residential, although it's been, has non -conforming agricultural rights. It also has a non -conforming as far as additional a 51 Planning Commission Meeting — June 20, 2006 1. The development shall comply with the site plan requirements approved as part of Planning Case #06-24. 2. No unlicensed or inoperable vehicles shall be stored on premises except in appropriately designed and screened storage areas. 3. The drop-off location for damaged vehicles will be limited to the parking stalls in the southwest corner of the lot behind the evergreens. 4. All repair, assembly, disassembly and maintenance of vehicles shall occur within closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. 5. No exterior public address system is permitted. 6. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all -terrain vehicles. 7. Disposal of vehicle fluids shall comply with Minnesota Pollution Control Agency regulations. 8. Facilities for the collection of waste oil must be provided." All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: THOMAS SCHWARTZ: REOUEST FOR VARIANCE TO ALLOW STRUCTURES WITHIN 40 FOOT WETLAND BUFFER SETBACK ON PROPERTY LOCATED AT 7376 BENT BOW TRAIL, PLANNING CASE 06-22. Don Asleson presented the staff report on this item. Papke: What's the material of the decking around the fire pit area there? Is that gravel? Pavers? Asleson: This right here is actually, I believe it's a paver. The applicant could correct me if I'm wrong. Papke: Okay, so it's impervious. Okay. Asleson: They are under their impervious coverage. Papke: Right, but the actual incursion into the wetland setback is impervious. Asleson: Right. McDonald: Debbie. Kevin. Planning Commission Meeting — June 20, 2006 Dillon: I don't have any questions. McDonald: Mark? Dan? Keefe: Can you give us your view of how this condition created itself? I read something I think in the letters maybe attached that they talked about they weren't aware from the developer or what's your understanding of that? Asleson: From what I understand the applicant has said that he spoke with somebody at the City, however we weren't able to verify any sort of documentation that the conversation existed. Obviously if we would have had the zoning permit, I think the issue would have been avoided. So I guess a brief conversation with the building department, however we weren't able to verify any sort of conversation or documentation. McDonald: Is this something that would now have been caught by our zoning compliance? Asleson: Yes. The zoning compliance. McDonald: How entrenched is this into the property? I mean are we talking about footings being sunk for the gazebo or is this something that floats on a base? Asleson: That would be a question probably better answered by the applicant. The construction of the actual gazebo and structure, the patio and fire structure were never in our discussion so I guess I would forward that to the applicant. McDonald: Okay, and then when you had talked about the 2000 I guess survey. Is it the yellow area that all of this could be moved to, which would be more or less directed behind the house instead of off to the side? Asleson: That's correct. That would be an acceptable area for the structures on that particular property- McDonald: roperty McDonald: Okay. Thank you. I have no further questions. If the applicant is here, if you would come forward. Thomas Schwartz: Good evening Chair McDonald, commissioners. My name is Thomas Schwartz. I live at 7376 Bent Bow Trail. To answer that one question, the gazebo itself is on standard footings. The fire pit is free standing. It stands at maximum height 18 inches off ground on one level. Ground level at the intersection... The intersection of the base of the gazebo and here so basically ground level here. What isn't shown as part of when we did this comprehensive landscaping plan, what isn't shown here is just to the east of the gazebo are additional landscaping and trees that currently stand about 10 to 12 feet in height. They're filling in very naturally creating a natural buffer from Bent Bow as far as the views to the gazebo. As far as that side of the property, we also have pine trees that are now growing and filling in that should create an additional buffer, visible buffer I should say for anything that we do as far as 43 Planning Commission Meeting — June 20, 2006 landscaping. Originally when the gazebo was built and when I went to the property association initially with my request and received approval from them at that time the gazebo was built, it was under the understanding that there weren't any restrictions. The only thing that I was aware of at the time that the gazebo was built is a 10 foot buffer to the actual, or to the, or for the wetlands. Nothing else. Unfortunately in my investigation at the time was disclosed as far as any restrictions or any barriers, I went through all of our documentation that was given to us at the time of purchase of the property and in there nothing is disclosed relative to barriers that would prohibit me from placing the gardens where they've been placed, or the gazebo, etc. So we became aware of the fact that this was encroaching a wetland buffer setback when Mr. Asleson contacted me in November of last year after those rains. So we're asking for is in fact an after the fact, not knowing that I put them in a place they shouldn't be. I hope you can appreciate and seeing the picture, that these are natural set, within a relatively distance to the pond because that would be the best place. I mean if you're going to put something, you know on this property, you'd want it aesthetically pleasing and visible and it lends itself off of my deck directly to the gazebo, within in the landscaping plan that was created. McDonald: Okay, any questions of the applicant? Papke: Ah yes sir. At the time you constructed it, did you have a copy of this plat drawing? Thomas Schwartz: I did not. Papke: Okay. And you didn't attempt to get a plat of your lot? Thomas Schwartz: I used what I received from, at the time it was Lundgren development. What they gave me within the packet. That also disclosed all of the restrictions if you will within the development. What you could or couldn't do. Where you could or couldn't do them. They list specifically by lot, by block what is allowable. My property isn't mentioned within those documentation. With that, and with the understanding or when I bought the property that there was that 10 foot, no touch, no fuss, no muss. Don't go near the 10 foot and I got that real loud and clear. I stayed away from it. Everything else was developed, I mean the landscaping, the gardens, you know all of it was with the aid of local landscapers. Local contractors who I entrusted would follow up anything that I found out. I personally made a call after going through the building process for the deck, I called the same individual that I had on my list of approving the deck stages. Told him I was buying a gazebo kit. Putting it in a comprehensive landscaping plan. Were there any issues and unfortunately undocumented the answer was no. Larson: Did, when you closed on this property, did you get title insurance or title packet? What do you call those? Thomas Schwartz: Yes. Larson: Typically in one of those they will have a survey or a plat drawing within that. But I guess maybe upon looking you know at the plat drawing that would be in there, what I don't know is, I'm assuming that the, on the plat drawing you're going to show all easements that 44 Planning Commission Meeting — June 20, 2006 happen to be on the property. Including the conservation easement but I don't know if that is shown or not so therefore. Thomas Schwartz: Unfortunately it is not, and what I can tell you is that I used, I used what I submitted to the development and then consequently used as kind of, when I went to the landscapers and went to the contractors they, you know this is what I want to do. You know it just didn't appear on anything I received unfortunately so I went, at this time finding out blindly along thinking that I was okay putting it where it was. It's been a heck of an education. Larson: Why don't we put conservation easements on plat drawings? I mean truly, I mean because this could have been completely avoided if something like that had been put on there... Thomas Schwartz: And truthfully, and you know Don is probably, I hope he can support me on this. The comment, and as well as going back now to the folks who bought Lundgren Development, two things would have been obvious in my opinion at this point. One is I would have never put it where it is. It would have made no sense. With or without a permit, irregardless of how that answer came about, it would have never made sense to put where it is had anybody stood up and said can't put it there. Okay. Secondly, and kind of off the beaten path here, I've actually... property with as many restrictions as that are on this piece of property, I don't think anybody in their right mind would have ever put a house on that property. And let alone put any time or money or effort into putting in a garden. I hate to mention the dollars I have involved in putting in that garden that's got to come out. I mean that, this thing has been a disaster, is the only way I can state it. It's been a disaster. Larson: Yeah, well is there any consideration, I don't know Bob if this is for you but, if he were to, if it was the pavers, would you guys consider allowing just that little piece of the gazebo? I mean it's really, it's not the whole gazebo. It's like one-third of it, you know. Generous: That's up to you. Larson: Okay. I mean truly it's absolutely gorgeous and I just, you know when I read this my heart went out to you because I thought you know, what a bummer. Thomas Schwartz: I appreciate that. Larson: But okay, I guess that's all I have at this point. Thomas Schwartz: And I think partly, if I can try and defend, if I can a little bit of where I believe maybe Lundgren and their sales staff came from. At the time that I bought this property, and true I believe if I understood it correctly, May of 2001 the restriction stated that it was primary resident only, and it was only after May that there was a new change to that to include all, I mean you call it impervious surfaces. And if I understand that correctly, and again I'm unable to verify it on the web site. I was unable to get anybody within city staff to say you know what, yeah you're right. But I have a gentleman who has offered some advice and his comment was, that that's in fact the case. Is that was only adopted after unfortunately the gazebo was actually put in place. So that may be why Lundgren never mentioned it. I can only assume that. 45 Planning Commission Meeting — June 20, 2006 McDonald: Kevin. Dillon: And I don't know if this question is for you for the staff but if the structures were to remain, what, is there harm to the wetland that they're there? I mean is the construction damage like already been done or I mean what's the down side to leaving them there? Besides the legalities and not getting the variance... Asleson: You know as far as increase impervious surface was, which I think would be, has been covered, it doesn't appear that the wetland vegetation has been cleared around the wetland like the applicant has stated. It appears that he has stayed back about 10 feet from what would be the wetland edge. Unfortunately you know I don't know. I can't really answer that with any certainty that anything has changed within the wetland because I haven't seen it before the structures were there. McDonald: Okay. Undestad: It just looks like you had contacted the city but it was back in the building department issue again? Thomas Schwartz: Unfortunately, and unfortunately it's not in writing. McDonald: No questions? Keefe: No questions. McDonald: I guess at this point I'll probably hold all of my questions and comments too until the very end. Thank you for coming up. This is a public meeting so at this point I'll open up the floor to anyone wishing to make comment or ask questions to come forward to the podium. Seeing no one come forward, we'll close the public meeting and I'll bring it back to the commissioners for discussion. Start with Dan. Keefe: Yeah. I empathize with the applicant. Unfortunately I think ... pretty clear in this matter and I'm not, you know I think we'd end up getting into trouble if we end up giving variances, especially when it comes to wetlands. That's all. Undestad: You know, we've been through these before and unfortunately the applicant went through the building department process and again, trying to find out what's required and what's needed and I think we've changed that problem by putting our zoning reviews into place at this point. It looks like he's done a great job with landscaping back there. Preserving the wetland areas back there and the hard surface coverage, he's not expanding that at all. He's well within that. It looks very nice back there. The issue still remains is us as a commission, you know looking for hardships in these types of things and again, coming into these, I always get kind of torn up because I think the hardship, it looks beautiful back there. To try and tear this up, move it and it would be difficult. I'm still kind of in the middle here but again, I mean he's done a fantastic job landscaping back there. It looks very nice. M Planning Commission Meeting — June 20, 2006 McDonald: Thank you. Kevin Dillon: You know it's... and we shouldn't be out ... but by the same token if someone can ... tell me what the real negative impact is to the wetland, or the down side, I don't, I mean you know, if there's sludge bubbling up from underneath the gazebo or it's causing a problem, that's a different story but no one can tell me that that's the case. So there's no clearly identified negative impact. Asleson: Can I say something? McDonald: Yes. Asleson: Okay. The only down side I would see is that you lose a net buffer area around the wetland. You know maintaining a 20 foot average buffer around the area as part of the PUD was part of that PUD's requirement. Certain lots received smaller buffer areas. Certain lots received larger buffer areas, so as far as impacting the wetland through decreased buffer area, that would be maybe a potential impact for that. I just wanted to throw that out there because there is the buffer area and 20 foot average that would be decreased. McDonald: Okay, thank you. Larson: My take on it is, I guess maybe the only part would be the decking, if that could be moved, I would be all in favor of leaving the gazebo, just because it's not that much. And if the deck could maybe be pushed around to one side, out of the conservation easement then I'd be more than... McDonald: Okay. Kurt. Papke: This one's a prime example of why we put the zoning compliance into the city code. I mean it's just, it's classic. Every time we get one of these, it's just classic. In terms of the impact if this was just incurring a couple of feet into the setback, you know I'd be inclined to give a little bit here but the fact that it goes all the way into the conservation easement I think it just way too egregious of a variance here. And the fact that you have impervious pavers as well, and there's, in cases we've had a couple cases, I remember one distinctly we had a couple years ago where we had an accessory structure near Lotus Lake and there was almost no place to move the shed, okay. We get these from time to time where there's no recourse. Where in this particular case there's a big back yard and it's a gazebo kit. It's a bunch of paver blocks. You get out the wheelbarrow and you move so you know it's regrettable but I think in this particular case it's, there are viable alternatives at play here so I would recommend that we uphold the code. McDonald: Okay, thank you. I do have one question of staff. I guess I forgot to ask you as you were going through this. You said the reason that we found this was because of a water event that came through. What happened exactly? What was the nature of that? 47 Planning Commission Meeting — June 20, 2006 Asleson: Well if you can recall the storm events we received in late September and October there, we had some pretty significant rainfall and there was some drainage issues in the Longacres development. And inspecting for those they took a look at some of the other storm water ponds in the Longacres development and wetlands. This one particularly. They did know that there was the emergency overflow, and they, that's how they came across it. They were more looking to make sure the storm water system was functioning and that people weren't threatened with wet basements. McDonald: Oh okay. Yeah, I'm always torn when these come up here. We've had a lot of them. You ]mow it isn't always a gazebo. Sometimes it was Sport Courts. There was another applicant that came before us that fixed up their back yard but unfortunately in the process of doing that they exceed the impervious surface requirement. The harm done is that again we set these buffers up and since you start to encroach into them, that's the harm in and of itself. Is that we set a limit and we've gone through this a number of times as to how much that should be and we've kind of reached the conclusion as to how much of a setback is required for the buffers for wetlands. I always hate to sit here and try to tell you that well, you've just got to take it apart and move it but, you're in a little bit better position than some people who come in here and we make them tear up a slab of concrete or you know a very permanent structure that's encroaching into an area where it shouldn't be, but again the only way that according to the zoning that we could grant anything is to showing of a hardship and I just don't see it here so I guess, I also would have to very reluctantly vote against the variance. Undestad: One quick question. On the gazebo, like the wetland setback area, you had shown on the other drawing what moving this stuff up on this side of the house. If it just comes inside of that wetland setback? Asleson: Yeah. Undestad: So you were showing it as an alternate to keep it up in the yellow. Asleson: The wetland buffer setback line actually runs like this, and so the blue area is the 40 feet from the wetland buffer line. The wetland buffer has iron monuments in the ground to delineate where that's. Undestad: So it's got to get all the way out of that blue area. Larson: Oh... McDonald: Did you have anything else you wanted to say? Thomas Schwartz: I guess just in kind of respect to a comment that was made, it's just a gazebo. It's easy to tear it down and move it and you know it's not a big deal. It is a big deal. If I were to tear it down, I already have $5,000 into this thing. I've got another $3,500 in having this property surveyed, just to stand before you today. Okay. If I were to move it, tearing it down is simple. Pulling out the qualified pilings, disrupting the landscaping, rebuilding the landscaping and rebuilding the gazebo, minimum is $21,000. Irregardless of my ability to pay that or not, Planning Commission Meeting — June 20, 2006 that's a hardship on anybody. I mean we're talking potentially $40,000 to $50,000 of cash just to move it. By the time I'm all said and done, including permits. Now I'm willing, and I've already disrupted a garden that was associated to this, okay to put in a better overland, overflow swale because we were told that those raised beds that were in that garden jeopardized that. With the engineers that came out and did the survey, they've confirmed that swale works. Without disrupting the garden. But we're willing to do what we have to as a compromise in hopes that with the significant costs that I may have to incur, with the fact that it is part of a very extensive landscaping project, and the fact that we're willing to do what we have to on that overland, overflow swale to make it, I mean we want to cooperate. But we're hoping that you know there's somewhere in the middle here that we can be met. One of the comments that does it create a hardship on the wetlands? Has it or will it in the future? Mr. Asleson has even stated so directly to me that if it had caused any damage, that damage would have been caused already. There will be no future ill effect by leaving the gazebo where it is. So I'm hoping with ... truly a financial hardship here, and in addition to that if in fact the city code had been changed interim to this being built, I would not have been aware that that code existed as it is relative to the gazebo. So I ask that to be considered as part of your decision. McDonald: Well first of all I'd like to address your comment about it's only a gazebo. None of us up here think it's only a gazebo. We may have said that as an illustration, and again what we're trying to get across is you're not the only resident of this city that has come before us and has suffered a financial hardship. I feel for you and I understand that and the finances are a hardship. Unfortunately the way the code is written, and we have to look for a hardship, financial hardship is not one of the criteria that we're allowed to judge by. My suggestion to you is that once we have taken our vote, if this does go before the city commission, and between now and then you have an opportunity to talk with staff and if you can convince them as far as a compromise, things could change once you get up to the commission meeting. You still have an opportunity to try to reach an agreement, but again that's why our only role is to look at what the ordinances and the subdivision rules allow us to look at. We are not allowed to change them and the problem is is that with these setbacks, you are so deep into them, we just can't grant that type of a variance because of the impact it has on the rest of the city. It's not just you. It's the rest of the city, and that's why the ordinances were put together the way they were and we have to judge everything based upon that. So I do feel your pain and everything and I do understand that it is a financial hardship, but again we can't use that criteria as part of our evaluation up here. And I do apologize for that. We as a commission did recognize this as being a problem and did ask city staff to do something so that homeowners have some way of knowing beforehand that they're- encroaching hey'reencroaching upon something. And I'm just hoping that in the future we can save someone else from going through all this misery but again, I'm afraid that the way the ordinances are written, our only role is to judge things based upon that. With that, I'd like to get a motion. Actually did we discuss this yet? Yes we did. Papke: Yeah, we all had comments. Mr. Chair, I make a motion that the Planning Commission denies the 52 foot variance for the 175 square foot gazebo and the 45 foot variance from the 230 square foot patio/fire ring structures based on the findings of fact in the staff report, and conditions 1 through 3. In addition I make a motion that we order the applicant to remove the structures from within the wetland buffer setback and restore native vegetation to disturbed areas as required by city code. If the structures are to remain on the property with conforming !E Planning Commission Meeting — June 20, 2006 setbacks, building permits and zoning permits must be obtained. The applicant shall also install wetland buffer signs provided by the City at the monument locations. McDonald: Can I have a second? Undestad: Second. Papke moved, Undestad seconded that the Planning Commission denies the 52 foot variance for the 175 square foot gazebo and the 45 foot variance from the 230 square foot patio/fire ring structures based on the findings of fact in the staff report and the following: The applicant's hardship is self created in nature. 2. The applicant has reasonable use of the property. 3. The conditions upon which a petition for a variance is based are applicable, generally to other property within the same zoning classification. In addition, the Planning Commission orders the applicant to remove the structures from within the wetland buffer setback and restore native vegetation to disturbed areas as required by city code. If the structures are to remain on the property with conforming setbacks, building permits and zoning permits must be obtained. The applicant shall also install wetland buffer signs provided by the City at the monument locations. All voted in favor, except Larson and Dillon who opposed, and the motion carried with a vote of 4 to 2. McDonald: And again, what I would encourage the applicant to do is that between now and the City Council meeting, offer city staff some of the plans that you brought up. If those would be acceptable, I'm sure that they will propose that to City Council when you plead your case before them. They have the power to actually make adjustments to the city code. Thank you. Thomas Schwartz: Thank you for your time. PUBLIC HEARING: GARY CARLSON: VARIANCE REOUEST FOR RELIEF FROM 30 FOOT FRONT YARD SETBACK REQUIREMENTS FOR THE CONSTRUCTION OF AN EXISTING FOUR STALL GARAGE AND RELIEF FROM THE 1,000 SQUARE FOOT DETACHED Josh Metzer presented the staff report on this item. 50 City Council Meeting - August 28, 2006 d. Approve Joint Powers Agreement with the City of Shorewood for Watermain Interconnect. L Set Date for Truth in Taxation Hearing. g. Thomas Schwartz, 7376 Bent Bow Trail: Approval of a Variance to Allow Structures within the 40 foot Wetland Buffer Setback. h. Gary Carlson, 3891 West 62°d Street: Approval of Variance Request for Relief from the 30 foot Front Yard Setback Requirement for the Construction of an Existing Four Stall Garage and Relief from the 1,000 square foot Detached Accessory Structure Restriction for the RSF District. Approve Quote for Recreation Center Hockey Rink Resurfacing. j. Set Special Meeting Date, September 14, Joint meeting with Commissions. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Item 1(e), Approval of Conservation Easement for Wetland Mitigation Site OF -5, MnDot was tabled per staffs request. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Ross Gullickson: Good evening Mr. Mayor, members of the council. Another month has gone by. Pleasure to see everybody again. Sheriffs report, monthly statistics for the month of July, 2006. There were 160 criminal calls for service last month, consisting of 80 Part I crimes and 80 Part 11 crimes. Part I offenses for the month of July were broken down into the following. We had 5 burglaries reported in July, which is an error from what was reported on the monthly crime stat packet. The packet given out a report of 6 when again there was only 5. Of those 5, 2 were burglaries of garages and 3 were from businesses. One of the business burglaries was just an attempt. Nothing was actually taken and an entry was not gained into that business. The biggest increase that we saw in July was in theft reports with 68 reported in July, compared to 50 in June. Upon looking at the yearly stats for theft reports, I saw that there were 27 incidents reported last July. Because of the rather large increase I did speak with our Crime Prevention Specialist and was informed that last summer was an unusually slow summer crime wise. This year was more standard in relation to calls, whether they be theft, damage to property, etc.. However, because they were a little high I did do a little bit more research and found out the thefts were broken down into the following. There were 14 gas drive offs. 9 of the reported thefts were unfounded, meaning that there was no basis for the actual theft. It was an unfounded report, and there were 45 actual incidents of theft last month. There were also 6 vehicle thefts reported last month. However through the course of research I learned that of the 6, only 2 were actual vehicle thefts. The remaining 4 consisted of vehicles being repossessed, family members using vehicles without the permission of the owners, so on and so forth. So again there were 2 8"NNED Administration Swale Phone: 952.227.1100 July 28, 2006 Fax: 952.227.1110 Thomas Schwartz Cl l l �f 7376 Bent Bow Trail Chanhassen, MN 55317 CgAUSEN Re: Swale and Gazebo 7700 Market Boulevard Gazebo PO Box 147 Chanhassen, MN 55317 Dear Thomas: Administration Swale Phone: 952.227.1100 The City has had the opportunity to review the Swale and the gazebo. The Fax: 952.227.1110 swale after being shot with the level has been approved by the engineering Building Inspections department. Phone: 952.227.1180 period ends September 28, 2006. If you feel the corrections and final Fax: 952.227.1190 Gazebo Engineering Our building inspector has had the opportunity to review your gazebo Phone: 952,227.1160 structure and has created a list of items that need to be addressed before the Fax: 952.227.1170 structure is approved. Please see the attached list and red -lined drawing from Finance Paul Ekholm, Chanhassen Building Inspector. If you have any further Phone: 952.227.1140 questions on what is being requested by the building department feel free to Fax:952227.1110 contact Paul directly at 952-227-1193. Park A Recreation Phone: 952.227.1120 The City wants to ensure you have adequate time to resolve the variance Fax: 9522271110 process. As you may recall, City Staff has already taken the 60 -day extension Recreation Center allowed by Minnesota Statute 15.99. With the extension, the 60 day review zPlo CoulterPhone: 952.227.1400 Plane: 952.227.1400 period ends September 28, 2006. If you feel the corrections and final Fax: 952.227.1404 inspections will not be completed before September 14, 2006 (for the 9/15/06 Council meeting) the City requests that we receive a letter from you waiving Planning a the review deadline as required by MS 15.99. We intend to finish this process Natural Resources Perone: 952.227.1130 as soon as possible, however we want to ensure that you have time to make Fax:952.227.1110 the required changes. Please contact me if you need clarification on what is needed. Public Works 1591 Park Road Phone: 952.227.1300 Thank you for your continued patience. Fax 952227.1310 Senior Center Sincerely, Phone: 952.227.1125 Fax: 952.227.1110 CITY OF CHANHASSEN Web Site www.ci.chanhassen.mn.us Don Asleson Natural Resource Technician Enclosures: 1) Letter from Paul Ekholm, Building Inspector 2) Red -line copy of gazebo plan The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Gazebo 7376 Bent Bow Trail Upon review of the plans and visiting the gazebo site on July 24, 2006, the following items need to be completed: 1) Must verify footing depth and size of (2) footings, must be a minimum depth of 42 inches and 12 inch diameter. Post anchors are present. 2) Perimeter rim joist must be doubled where supporting joist. All joists must be provided with joist hangers. Remove lattice to verify. 3) 2x6 joist 16" o.c. cannot span 12', intermediate support must be provided. 4) The 2-2x6 stacked to support the roof are not adequate, either 2-2x4 or 1-2x6 needs to be added on edge under the existing stacked plate and supported by trimmers or by notching into existing posts. 5) The 2x4 hip rafters must be doubled and install one intermediate 2x4 rafter from ridge to exterior wall. All rafters must be provided with hurricane clips to wall plate. Provide 2x6 rafter ties 48" o.c. 6) Consult structural engineer to design for wind loads and uplift if structure is to remain open. Wall bracing or uplift protection is not provided. 7) Items #1 - #5 above may also be addressed by the structural engineer. 8) Submit copy of engineers design to City Hall before permit can be issued. 9) Provide 3' landings at each door. Any questions call Paul Ekholm at 952-227-1193 +moi. 2-Zx PL.aa'R DootLe, Kim 1-r Z-2X(P 777 7 .* Fv Ho ' F-t- tY?) b, kbl� %,cke-d Li,(,ce1;4,1i3ew, 5 RECEIVED JUL 1 3 2006 CHANHASSEN INSPECTIONS Q) KO lToaNe-R {t�St �S IJPre I-Q"e--} {©� 2'Y, t',t (L, .Jtl f}�Js /C/1�"ON �G nfFP\Q /�CI rY e +,__.(_`_� � � I•��L, OGG�.�+q }c�QGC al �T1Zd-A fJ `�e �l I Irp�T r�t'JBJc L14A�G) '_�iiTl 111�� pp to ,III / ys� PresS Rioaaa �', Gl,:.� la wercd ',. S�..b w -S S1. ceiL.'�� NGarcct4S�o�S. wyt<S�.w �cu;,tr.� RESIDENTIAL PERMIT/SURVEY ROUTING FORM Address: —)-,37(, EenL %3vur If Permit No. 6 R' Permit for: Home Addition Other Explain: Q/ Detached Structure , Date Received —7-1 3-p (,a Route Permits/Surveys in the following order, note any changes you require and forward to next department. Engineering will order new surveys as requested and route for approvals in reverse order. Address/legal description, building footprint, building type matches survey (walkout, lookout, etc), benchmark. Approved 6/ N Date: By: A Required corrections: Jtz l Revised survey/plans approved Y / N Date: By: Setbacks, tree preservation, wetlands, bluff zone, height, surface area, bluff setbacks. Approved Y / N Date: Required corrections: Revised survey/plans approved Y / N Finance Approved Y / N Date: 0 Date: — al Elevation, building type, grading/drainage easements, erosion Approved Y / N Required corrections: Date: By: Revised survey/plans approved Y / N &:..fiW..\pn.i".fing Date: 0 L-A 0 IN wIN4Z-cvL —131 %e or3�u� ` RL CS,, LObZ. 2-7.c 6:;< ',C B P• We 6.%,c4j AY,(. L rI sew ,5 RECEIVED JUL 1 3 2006 CHANHASSEN INSPECTIONS / Fo.T Abo,K G)aPeG) y:� ytf P�czs, Ci Gl.v� lo.,ered b�•..d..-1 Sl. er.+l:,�� yCarc'rNS"Dc �.�•.�1u�rn lcu r� Se X42„ 0�G11e .�) Gazebo 7376 Bent Bow Trail Upon review of the plans and visiting the gazebo site on July 24, 2006, the following items need to be completed: 1) Must verify footing depth and size of (2) footings, must be a minimum depth of 42 inches and 12 inch diameter. Post anchors are present. 2) Perimeter rim joist must be doubled where supporting joist. All joists must be provided with joist hangers. Remove lattice to verify. 3) 2x6 joist 16" o.c. cannot span 12', intermediate support must be provided. 4) The 2-2x6 stacked to support the roof are not adequate, either 2-2x4 or 1-2x6 needs to be added on edge under the existing stacked plate and supported by trimmers or by notching into existing posts. 5) The 2x4 hip rafters must be doubled and install one intermediate 2x4 rafter from ridge to exterior wall. All rafters must be provided with hurricane clips to wall plate. Provide 2x6 rafter ties 48" o.c. 6) Consult structural engineer to design for wind loads and uplift if structure is to remain open. Wall bracing or uplift protection is not provided. 7) Items #1 - #5 above may also be addressed by the structural engineer. 8) Submit copy of engineers design to City Hall before permit can be issued. 9) Provide 3' landings at each door. Any questions call Paul Ekholm at 952-227-1193 CITY OF CHANHASSEN # Dle6l711'91 PERMIT APPLICATION BUILD ZONE FIRE ENG 7700 MARKET BLVD ♦ PO BOX 147 ♦ CHANHASSEN, MN 55317 Phone: 952-227-1180 Fax: 952-227-1190 Web: www.ci.chanhassen.mn.us Please Type or Print. Complete Sections A & F and either Sections B, C, D or E GENERAL INFORMATION Site Address:. ZJ7& dn-7- %TSL Property Contractor/Applicant: Contractor/Applicant: :dL L I' Contact Person: License Number: Parcel Identification Number: Zoning CF- Variance required: Yes ❑ No ❑ Planning Dept_ Case Number: Is there a wetland within 75' of any pmpeny n Yes ❑ No ❑ Is the property in a floodplain? Yes ❑ ❑ ,Complete Certificate of Compliance for Authorized Floodplain Development. Sewer Available: Yes ❑ No ❑ Ci Water Avallab . es ❑ No ❑ ♦**COMPLETE APPLICABLE SECTION ON REVERSE*** }ffiS IS AN APPLICATION FOR A PERMIT. IT IS NOT THE ACTUAL PERMIT. THE UNDERSIGNED STATES THE INFORMATION PROVIDED IS ACCURATE AND HEREBY AGREES TO DO ALL WORK IN ACCORDANCE WITH THE CHANHASSEN CITY CODE AND THE MINNESOTA STATE LAWS REGULATING BUILDING CONSTRUCTION COMPANY: �'LF REASE PRINT TYP• DATE:? /, o b (WORK): (CELL): (FAX): SIGNER MUST BE CONTRACTOR, CONTRACTOR'S AGENT OR EMPLOYEE G APPROVALS *Route Applications in the Order Below: *Park & Rec to Review Commercial Ord, *OFFICE USE ONLY* INSPECTIONS: I DATE RECEIVED PLANNING: FINANCE: RECEIVED JUL 1 3 [0" -, PARK & INSPECTIONS FIRE MARSHAL: +RETURN TO INSPECTIONS WHEN COMPLETED* H FEES VALUATION $ Permit Fee ------- Plan Review Fee State Surcharge - SAC Fee -(--units) — Sewer Surcharge -- Park Dedication Fee -- Trunk Water Hookup -- Trunk Sewer Hookup -- Water Meter------- ---- 'Erosion Control Escrow -- TOTAL ---------------- B ONE & TWO FAMILY DWELLING I' Level (basement) 2nd Level 3'd Level fir' Level Total Finished Finished Finished Finished Finished - Unfinished Unfinished Unfinished Unfinished Unfinished Designate Energy Code Compliance: MN Rules 7670 (CAT 1) _ or MN Rules 7672 _ Path 0 _ I _ 2 _ 3 _ 5 Garage Square Footage: Attached Detached Tuck Under HVAC System: Oil ❑ Gas ❑ Electric ❑ Forced Air ❑ Hot Water ❑ A/C ❑ Mechanical Ventilation ❑ Number of Baths: Fuli 3/s yz Number of Bedrooms Number Future Bedrooms Number of Fireplaces: MasonryManufactured Other Deck - Sq. Footage 3 Season Porch - Sq. Footage Screen Porch - Sq. Footage Value of Dwelling EXCLUDING Land CC)MMF.RCTAT, AND TNDTTRTRTAT. Occupant/Tenant: Contact Person: Current Address: Phone (H): (W): City: State: Zip: New ❑ Alter ❑ Repair ❑ Addition ❑ Other ❑ Square Footage: Construction Type: Location in Description of Work: Sprinklered: Yes ❑ No ❑ Occupancy Classification(s): HVAC System: Gas❑ Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Space Heat ❑ Hot Water ❑ Steam ❑ Land Value of Improvement: SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS Current Phone (H): (W): Building Manager: Contact Person: Address: Phone (H): (W): City: State: Zip: New ❑ Alter ❑ Repair ❑ Square Footage: Construction Type: Occupancy Classification(s) Location in Building: Proposed Use: Description of Work: HVAC System: Gas❑ Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Hot Water ❑ Sprinklered: Yes ❑ No ❑ Adjoining Tenants: Name: Address: Occupancy Classification: Name: Address: Occupancy Classification: Proposed Use: Value of Improvement: SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS © � :1 l 1••1 � r� O cc upant/Tenant--2y2&nrir3 �k..�r X22 7Z Contact Person: Phone Addition ❑ Basement Finish ❑ Deck ❑ Demolition ❑ Fence ❑ Fireplace ❑ Grading ❑ Pool ❑ Remodel ❑ Repair ❑ Reroof ❑ Reside ❑ Shed ❑ UST Installation/Removal ❑ Other Year home was built Square Footage: Dimensions: /Z r l-", Value of Improvement: J c:�u.(yvmpvorm%ldpvpmldaanvu�ali. vom.d- Reviud 1Zri2A5 t�' ll! -edn e—,14 n. wbl<s>ack�d RECEIVED JUL 1 3 2006 CHANHASSEN INSPECTIONS Gmol'y Or CTo z rJea �tKt s t�C1C�CCN "'/�'"�' l r' % (orr .Iy I FpeT {r�JJc Ll ¢PSG) yy Qress Pxma, e'Gl�v� .�ercd b� S1,^ -.d w -A Sl. ertL,,� � liCnrrrMS.o<�+...�les�..n zcu:� Screcr J, S 0 August 29, 2006 Phone: 952.227.1100 Thomas Schwartz Far` 952.227.1110 7376 Bent Bow Trail C�p l l l OF Chanhassen, MN 55317 CgMSENRe: Planning case #06-22: Variance from wetland setback for gazebo and patio Fax: 952.227.1190 Variance application for structures in wetland puffer setback and 7700 Market Boulevard easement areas. Planning Case #06-22 PO Box 147 1. The existing structures must not be altered in a way to increase the non - Chanhassen, MN 55317 Dear Thomas, Administration Please contact Paul Ekholm in the building department to resolve condition #3. Phone: 952.227.1100 This letter is to formally notify you that on August 28, 2006, the Chanhassen City Far` 952.227.1110 Council approved the following: Building Inspections To obtain the encroachment agreement you will need to submit a copy of your Phone: 952.227.1180 Planning case #06-22: Variance from wetland setback for gazebo and patio Fax: 952.227.1190 structure based on the Findings of Fact with the following conditions: Engineering recording the agreement through the city attorney's office. Once the agreement is Phone: 952227.1160 1. The existing structures must not be altered in a way to increase the non - Fax 952.227.1170 conformity. Finance 2. An encroachment agreement from the engineering department must be Phone: 952227.1140 obtained for the gazebo and patio structure in the drainage and Fax: 952.227.1110 utility/conservation easement areas. Park & Recreation 3. Building permit for the gazebo structure must be obtained. Phone. 952227.1120 Fax: 952.227.1110 Respectfully, Recreation Center Please contact Paul Ekholm in the building department to resolve condition #3. 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 To obtain the encroachment agreement you will need to submit a copy of your most recent survey (enclosed with this letter) with the application fee of $100 for Planning & an encroachment agreement. The fee covers the costs of drafting, reviewing and Natural Resources Phone: 952.227.1130 recording the agreement through the city attorney's office. Once the agreement is Fax:952.227.1110 drafted it will need to be signed by you in front of a notary (there are several at city hall). If you have additional questions about encroachment agreements, Public Works 1591 Park Road please feel free to contact Dan Remer, Engineering Technician at 952-227-1163. Phone: 952227.1300 Far 952227.1310 If you have any further questions or concerns please feel free to contact me at Senior Center 952-227-1106. Phone: 952227.1125 Fax:952.227.1110 Respectfully, Web Site /� xww.ri.dranhassen.mn.us ��,t�f-� g Don Asleso((n// Natural Resources Technician glplan\2006 planning cases\06-22 schwariz varianc6approval letter.clm The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beaulilul parks. A gkat place to live, work, and play. -- --- 1.1 UD,,, enMPBELL (RCSERVRO FOR RECOMITio DATA) CONSERVATION EASEMENT (For The Meadows at Longacres 4th Addition) INSTRUMENT made this day of 1 1998, by and between LUNDGREN BROS. CONSTRUCTION, INC., a Minnesota corporation (herein referred to as "Grantor"), and the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereafter referred to as "City"). WITNESSETH: The Grantor, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, grants unto the City a permanent conservation easement for the purposes set forth in this Instrument, over, under, and across the premises described in the attached Exhibit A ("Subject Property") - 1. Grantor, for itself, its successors and assigns, agrees that the following are prohibited in perpetuity on the Subject Property, except to the extent Grantor or the City must engage in these activities in order to complete site grading and con'structi'on of trail, sanitary sewer, ,watermain, storm sewer, drainage improvements,and streets improvements, in conformance with plans approved by the City, pursuant to that certain Development Contract and Planned Unit Development Agreement by and between the City and Grantor, dated recorded in the offices of the Carver County Recorder and Registrar of Titles as Document Nos. and respectively: A- Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clotheslines poles, and playground equipment. i"W5.01 Q010 r� -- --- 1.1 UD,,, enMPBELL (RCSERVRO FOR RECOMITio DATA) CONSERVATION EASEMENT (For The Meadows at Longacres 4th Addition) INSTRUMENT made this day of 1 1998, by and between LUNDGREN BROS. CONSTRUCTION, INC., a Minnesota corporation (herein referred to as "Grantor"), and the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereafter referred to as "City"). WITNESSETH: The Grantor, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, grants unto the City a permanent conservation easement for the purposes set forth in this Instrument, over, under, and across the premises described in the attached Exhibit A ("Subject Property") - 1. Grantor, for itself, its successors and assigns, agrees that the following are prohibited in perpetuity on the Subject Property, except to the extent Grantor or the City must engage in these activities in order to complete site grading and con'structi'on of trail, sanitary sewer, ,watermain, storm sewer, drainage improvements,and streets improvements, in conformance with plans approved by the City, pursuant to that certain Development Contract and Planned Unit Development Agreement by and between the City and Grantor, dated recorded in the offices of the Carver County Recorder and Registrar of Titles as Document Nos. and respectively: A- Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clotheslines poles, and playground equipment. i"W5.01 Q010 t,nmYBELL Cutting, removing, or altering trees or other vegetation, except for noxious weed control by or directed by a governmental agency. Excavation or filling. Application of fertilizers, whether natural or chemical. Application of chemicals for the destruction or retardation of vegetation. The deposit of waste, yard waste, or debris. G The application of herbicides, pesticides and insecticides, except for noxious weed control by or as directed by a governmental agency. H. Outside storage of any land_ I- Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife. 2. Grantor, for itself, its successors and assigns, further grants the City the affirmative right, but not the obligation to do the following on the Subject Property: A Enter upon the Subject Property at any time to enforce compliance with the terms of this instrument- GRANTOR- LUNDGREN BROS- CONSTRUCTION, INC. By ; Its i<c iesl�fa..�f CITY OF CH.A.NHASSEN Nancy K. Mancino, Mayor And Don Ashworth, City Manager 14x 5.01 2 I, t,nmYBELL Cutting, removing, or altering trees or other vegetation, except for noxious weed control by or directed by a governmental agency. Excavation or filling. Application of fertilizers, whether natural or chemical. Application of chemicals for the destruction or retardation of vegetation. The deposit of waste, yard waste, or debris. G The application of herbicides, pesticides and insecticides, except for noxious weed control by or as directed by a governmental agency. H. Outside storage of any land_ I- Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife. 2. Grantor, for itself, its successors and assigns, further grants the City the affirmative right, but not the obligation to do the following on the Subject Property: A Enter upon the Subject Property at any time to enforce compliance with the terms of this instrument- GRANTOR- LUNDGREN BROS- CONSTRUCTION, INC. By ; Its i<c iesl�fa..�f CITY OF CH.A.NHASSEN Nancy K. Mancino, Mayor And Don Ashworth, City Manager 14x 5.01 2 0 CITY OF CIIANIIASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952227.1180 Fax: 952.227.1190 Engineering Phone: 952,227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park 8 Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning d Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Don Asleson, Natural Resources Tech. 0 DATE: July 10, 2006 SUBJ: Tom Schwartz — Request for relief from wetland buffer setback at 7376 Bent Bow Trail — Planning Case 06-22 EXECUTIVE SUMMARY The applicant is requesting waiver of the 40 -foot wetland buffer setback for an after - the -fact, non -conforming, non -permitted, 175 -square foot gazebo and a 230 -square foot patio/fire pit structure. City ordinance requires wetland buffers to remain undisturbed and a wetland buffer setback of 40 feet from the wetland buffer edge. To bring the structures into compliance with city ordinance, a variance in the amount of 52 feet from the 40 -foot wetland buffer setback for the patio/fire pit and 45 feet from the 40 -foot wetland buffer setback for the gazebo will be needed. Should the variance be approved, the applicant will also need to obtain an encroachment agreement for the structures within the drainage and utility easement and conservation easement areas. The applicant is currently working to resolve the issues with the emergency overflow Swale on the property separate from this variance process. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on June 20, 2006, to review the requested variance. The Planning Commission voted 4 to 2 to deny the proposed variance. The Planning Commission minutes are attached to this report as item Ia. RECOMMENDATION Staff and Planning Commission recommend the adoption of the motion denying the requested variances in the staff report dated June 20, 2006. ATTACHMENT Revised Planning Commission Staff Report dated June 20, 2006. g:xplanx2006 planning casm\06-22 schwart varianc6executive summmy.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a champing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. bc"',—aa City Council Meeting — July 10, 2006 residents. Both to the east and the west, and I think it would still be my suggestion to make sure we get it right. Councilman Peterson: And I would think we should be able to tum it around in 2 weeks. Mayor Furlong: I mean we can. I mean there are issues here that need to be addressed and if we can do that, that'd be great. Let's tum it around as quickly as possible would be our recommendation. Other thoughts and comments at this point or issues to, I mean I don't want to start repeating and, repeating and being redundant. Councilman Lundquist: Given even the, ask the questions about the height of the other buildings with the other things that have been brought up and the changes of the conditions, I don't want to have one where we're you know, you know what she said. Mayor Furlong: Yeah, no. No, absolutely. Councilman Peterson: Motion to table. Mayor Furlong: Thank you. Is there a second? Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Councilman Peterson moved, Councilman Lundquist seconded that the City Council table Planning Case 06-26 for Lakeside development. All voted in favor, except Councilwoman Tjornhom who opposed, and the motion carried with a vote of 3 to 1. Public Present: Name Address Eric V. Doremus 7371 Bent Bow Trail Paula & Thomas Schwartz 7376 Bent Bow Trail Michael Nelson 7357 Bent Bow Trail Kate Aanenson: Thank you. I just wanted to point out to the council, I did hand out conservation easement. I just wanted to explain that. There is a conservation easement that's associated to this application and that's some standard language for a conservation easement. So I'll go through that in a minute after we go through the staff report. The variance request before you tonight is, the Schwartz case on 7376 Bent Bow Trail, located here in the Longacres subdivision. This is the lot itself. While the lot is very large, it's actually encumbered by a couple different types of easements and I guess that's one of the reasons why I pulled out the 39 acPXMD City Council Meeting — July 10, 2006 easements for you tonight. What brought this to our attention, in going through the staff report in the storm last summer, October. Excuse me, last fall. September -October, 2005 it was noticed that there was some plantings and structures in the drainage overflow areas, so I'm going to refer to the site plan. Again this was an exhibit in your packet, and there is a wetland on the site. It's a little confusing with all the colors but I'll try to walk through this slowly. The subject site, it's a building permit application that shows the home on the site, and then there is an area that's called the buffer, wetland setback area. The pink area shows the drainage and utility easement, and then there is a wetland with a vegetative buffer requirement. So this is supposed to be the planting area and this is supposed to be the no build area. In this instance what you see is about 75 feet for the wetland setback and to reduce that setback increased the landscape requirement next to the wetland to reduce some of the material that was going into the pond, and then allow the houses that... closest to the pond. And part of our investigation of the site, when the storm events occurred, it was noticed that there was some structures in the site itself so staff did approach Mr. Schwartz and ask them about how they got there, and that sort of thing, so this is the house itself. The back of the house. And this is the gazebo. The gazebo and then the patio, and then this is the planting area on the side. I'll show you where that is in just a second here, and then the gazebo with the patio blocks. So looking at the site itself, this is the last pages here, and it's really small so it's kind of hard to go through it, but if you were to follow areas where they were supposed to build in, this is where the gazebo sits. It's not all in the no build area. Actually falls into that kind of that buffer setback, as did some of the stones. Now it's not solid, but there's stepping stones through there. And then the planting area, that is being removed and resolved as we speak, so that should be a non -issue. What the Planning Commission did ... and again the issues are one, there's a 12 foot encroachment into the wetland buffer, then a 5 foot into the 40 foot setback, so it'd be for these structures here. The Planning Commission did recommend denial of the variance request, and did ask for staff to work with the applicant. Again they're working to resolve this. This is the drainage overflow from the pond, so we certainly, based on the storm events in that area, want to make sure that's really been met since we had an issue. We did work with the applicant and try to come up with some scenarios that we thought might be acceptable, and obviously it's pretty onerous when you look at the ... so we did recommend that that be ... that might be a little onerous, so he's still pursuing that and we weren't able to reach compromise because... So I just want to go through the recommendations that we have in front of you tonight if there's no questions on the variance itself. One ... to approve the variance for the encroachment of the gazebo, and to make sure that that gets a building permit. And gets inspected and approved. And then also, there'd be no additional expansion of the structure. That wetland buffer signs, the markings are there and they show up on the survey, but the posts aren't there ... taken care of... And then possibly, and I think this is the area that ... removing of the fire pit area. And then also that all the garden areas be re- established and those would be the areas that were targeted specifically in here that were supposed to be more vegetative, and that would be just on the other side of the gazebo. Between the gazebo. If you're looking at this picture between the gazebo and the wetland, that will increase to kind of mitigate that and the vegetation, and then again, number 7 ... get resolved. So with that, be happy to answer any questions that you have. Mayor Furlong: Questions for staff. Kate, I guess going back to the colored survey. Just for clarification. EEO A City Council Meeting — July 10, 2006 Kate Aanenson: The multi colored one? Mayor Furlong: Yeah, the multi colored one. And you did a good job staying within the lines. The pink area is storm water drainage and the problem was to the, I guess to the middle on the left of the survey. The less point there below the pond. No, move your hand. Right in there, yeah. That's where the problem occurred last fall, is that correct? Kate Aanenson: Yes. Mayor Furlong: With that, the pond over flowing? There was no place for it to go? Todd Gerhardt: It over exceeded the pond banks and went directly south where the arrows are. Mayor Furlong: Okay. But that was obstructed by the, that was obstructed, that emergency overflow. Todd Gerhardt: By the garden, yeah. Mayor Furlong: By the garden? Todd Gerhardt: Yep. Mayor Furlong: Okay. What does it, to the upper right of the survey, to that area up in there. What does that provide in terms of surface water drainage and flow? Kate Aanenson: That's actually the taller grassy area. That's supposed to be the area that actually the vegetative, so what that's going to reduce is supposedly pick up some of those sediments. The tall grassy area. Where you have, this is your buildable area. This is the area that you can just, you can use the grass ... lot area but it's not that impervious, and that's where that conservation easement comes in, because we've had... Mayor Furlong: And that area up there has a conservation easement across it? Kate Aanenson: Yes. Mayor Furlong: Up in that area? Kate Aanenson: Yeah, it clearly says conservation easement on here. And then just to be clear, this is a drainage easement which is different than a conservation easement, and they're two different documents so maybe the conservation easement, and we've been using, actually I think you've probably... subdivision when we started doing conservation easements. These are really an iteration of when we looked at the different approaches for tree preservation. And this was one of the subdivisions, one of the first ones that we did a significant amount of tree preservations along the Woods of Longacres and the Meadows at L.ongacres to save trees so the conservation easement actually became an umbrella for both of those. Which is different than a drainage and utility easement. So if you look at the document, description of how they tend to be 41 City Council Meeting — July 10, 2006 used is different. And we always check on those because if we want to use it for public purpose or something, we would check to see what the use would be prescribed for the guiding. So I did give you that and that's pretty much, we made some minor modifications ... that doesn't work for me but we've had problems with people putting in a lot of hard surface in there that, sport courts, sometimes a lot of the play structures that we try to keep out of that area. Again that's to help us with, the green area provides an area for additional drainage and then also to help reduce the velocities... Mayor Furlong: Absorption. Kate Aanenson: Correct. Mayor Furlong: It allows the ground to absorb it rather than accelerate the runoff. Kate Aanenson: Correct. Mayor Furlong: And is that then the purpose in the blue area for the setback from that buffer is again for the non -impervious component is key there? Kate Aanenson: Yes. Yes. Mayor Furlong: Because that does not have that conservation easement in the blue area. That is strictly a setback. Kate Aanenson: Yep, it's a wetland setback. It doesn't have the restrictions of. Mayor Furlong: Of the pink area. Kate Aanenson: Right. Right. So the issue is, you know when we look at this lot, it looks like almost an acre lot, but it unfortunately is encumbered by a lot of easements. And this is, there is a different application in the subdivision of the PUD. The mix of the lot size, so that may, some of the lots that got bigger ended up bigger because they were burdened with some of the, yeah. There's different ways to approach it. You could have made that public outlot, which we've done on some, and just called it a drainage swale and let it in an outlot. In this circumstance the buyer gets the duty of maintaining that, but not getting the benefit of... Mayor Furlong: Okay. Councilman Lundquist: Kate on this lot specifically, where does the storm water drains on that...trail? There's not much, as I remember, there's not much space. It's pretty steep from, if you're at the north. Kate Aanenson: Then it goes up here. Councilman Lundquist: Yeah. 42 City Council Meeting — July 10, 2006 Kate Aanenson: It's going this way. Mayor Furlong: It falls off to the pond? Councilman Lundquist: Right. It might flow, but it falls off pretty steep into that pond, right? Kate Aanenson: Yep. Councilman Lundquist: And is there storm water drains along Bent Bow there? Kate Aanenson: Yes. Todd Gerhardt: For my guess that's gravity flow down the road and the catch basins are. Kate Aanenson: Somewhere at the bottom of the slope, yeah. And looked at the overall material. Councilman Lundquist: Okay. So that, you look at that pink and blue area between the pond and the house, and you really, that's mainly shedding runoff essentially from it's own area. Kate Aanenson: Correct. Councilman Lundquist: It's not like you've got half of the neighborhood flowing. Kate Aanenson: No. No. Councilman Lundquist: Over the curb and through there. Kate Aanenson: No. Right, and again it's the, it's that we don't want people in general to, and that's really what it's about. And it's not encouraged, or what people think that they can just build in those areas... higher events, yeah. Councilman Lundquist: If you look at that lot area as a whole, and with the house, the deck, the gazebo and the fire pit area, did you figure out what the total hard cover is? Kate Aanenson: Yeah, and that's not the problem. I agree. It's a big lot. Right, so in this instance I would concur. It's probably not the impervious. So really. Councilman Lundquist: Just for curiosity. Kate Aanenson: No. I mean I don't know, you know that's a good question and I'm not sure that we have it in there, the total impervious. Because it probably would be pretty minimal because it's got such a large lot. Councilman Lundquist: Less than 20% probably? B] City Council Meeting — July 10, 2006 Kate Aanenson: Probably, yeah. Because it's .93. Yeah, so really I guess what we came down to is trying to find a way to mitigate this, measure outside of that into this area more. Councilman Lundquist: And the area from the gazebo and the fire pit to the pond is also pretty, we don't have any danger of the pond flowing up that high and not blocking any drainage out of the pond? Right, that's got to be 10 feet above the. Kate Aanenson: Yeah, and there's a significant grade change from the gazebo down towards the lake. Councilman Lundquist: So it's really that part of the drainage and you know flooding the neighbors houses and all that, that the garden is ... and the rest is the building in a conservation easement and not having a permit for the gazebo and those things. Kate Aanenson: That's correct. Councilman Peterson: Are the, is any of the paver walkways in the area or not? Kate Aanenson: Yes they are. They're also in that, if you look on this survey. You can see this is supposed to be the area where the limited hard cover, but it shows this as a stone path but when you look at the photo you can see it's not solid. Mayor Furlong: I think there are some, and maybe we can ask the applicant but I think up by the driveway it's. Kate Aanenson: More solid. Mayor Furlong: Yeah. Yeah, there are some other pictures as they said but I don't know if you have those or not. It varies I guess is the point. Kate Aanenson: Yeah. Councilwoman Tjomhom: Has there been any communication between you and the applicant since the Planning Commission meeting? Kate Aanenson: Yes, and that's what I'm saying. I think you know the Planning Commission, and so we thought maybe taking that out, and obviously that seems pretty onerous. Councilwoman Tjornhom: Taking the fire pit out? Kate Aanenson: Correct. Seemed pretty onerous and I understand that so. Their request was to appeal it. Mayor Furlong: Question on the, I'm looking somewhere in the report here but I thought I saw some effect that when Longacres was approved, that was a PUD, correct? 44 City Council Meeting — July 10, 2006 Kate Aanenson: That's correct. Mayor Furlong: And some of the setbacks from wetlands were averaged across. Kate Aanenson: And that's typically how we do all wetland buffering. You can average it. It's built right into our ordinance, and that's based on the fact that when we're doing a subdivision, and using this as an example, sometimes the wetlands pinches on a lot and you just have an odd piece trying to get it to lay out with the streets, so somebody on the other side might get the burden of a larger portion of the buffer... Mayor Furlong: So you try to average it out there? Again trying to get that overall. Kate Aanenson: Right, and sometimes it's difficult and why we keep the markings in is so people can see that physical barrier. The post. The posts are in so if you just look at the property of your neighbors and make an assumption... Mayor Furlong: Okay. Is the same process used for impervious surface? Using averages across the development. Was that done here? Kate Aanenson: Not in this. This is a per lot basis. We do do that commonly on commercial and industrial. Mayor Furlong: Okay. Kate Aanenson: That would be... Mayor Furlong: I know we've done that so. Kate Aanenson: Yeah, on commercial industrial. Mayor Furlong: Alright, thank you. Kate Aanenson: Let me take that back. We also do it on multi family, but not on the single family detached. Mayor Furlong: Okay. I'm sure there's a but for somewhere. I think we just did that on the Preserve perhaps. Kate Aanenson: Yes. Mayor Furlong: Yeah, where we used. Kate Aanenson: Yes. Mayor Furlong: Which was single family detached. 45 City Council Meeting — July 10, 2006 Kate Aanenson: And that was ... yep. A new zoning application, correct. But under this PUD, single family detached, you could not average it. Mayor Furlong: Okay. Even though it was a PUD? Kate Aanenson: Correct. Single, yeah. Mayor Furlong: Okay. So we averaged the setbacks were averaged across the wetland buffering. Kate Aanenson: We averaged the buffering. Mayor Furlong: And then wherever the buffer was, there was 40 feet beyond that. Kate Aanenson: Right. Yes. Mayor Furlong: And obviously Lundgren... Kate Aanenson: ...yeah, and really it worked out on how you tried to get the streets and if you've got a steep slope and how, there was a lot of push pull. Mayor Furlong: Okay. Alright. Kate Aanenson: So I would concur. This is probably one of the bigger lots out there. We have lots as small as 11,000 up there. This is probably one of the bigger lots. Mayor Furlong: Okay. Any other questions for staff right now? Maybe some follow up questions. The applicant I know is here. Good evening. Tom Schwartz: Good evening Mr. Mayor or council members. My name is Tom Schwartz and I live at 7376 Bent Bow Trail. I'm actually kind of humbled to be up here after listening to what you had to endure for the last 2 hours previous. Mayor Furlong: With your permission. Tom Schwartz: I'm just going to kind of go through a history of events that kind of led me to standing here in front of you today. I'll try to make this brief. To begin with we signed a purchased agreement with Lundgren back in January of 2000. We subsequently closed on that house on August 29"' of the same year. At the time that we purchased the property we were informed of the 10 foot wetland setback. We knew of that. We knew that we had to stay away from that, and we knew that that was the no cut, no mow, no touch zone. What we didn't know at the time were all the other restrictions that you see on this map. Because truthfully had we known at the time, and I think it's pretty common, I don't think anybody would have really put a house there. I think it would have been an outlot. Should have been an outlot, but with that being said, we went through, afterwards I looked at all the covenants before we did our landscaping. Before we did everything else and nowhere within those covenants does it state fi City Council Meeting — July 10, 2006 that we couldn't put gardens, gazebos, fire pits or any other surfaces. So with the lack of a map, without the lack of any covenant indication that we had these restrictions, we moved forward. In the spring of 2001 we worked with designers and landscapers. We created a pretty intensive and pretty expensive layout. You saw some of it on the garden, which we'll get into. That was within the overland swale. It's been removed. It had existed there pretty successfully for 5 years. In March of 2003 we submitted to the planning commission for the Longacres Homeowners Association to put in the gazebo and the fire pit. Subsequently upon approval from then, I called the city and asked if a permit was required or necessary to put these structures on my property. At the time, and unfortunately it was by a phone. It was not hand written or over a formal mode, I was told nothing else was required by city code. That I could go ahead and put the gazebo on my property. So consequently in April of the same year I put it in. I had the landscaping designed around it, of which you saw some of the pictures. And again trying to make this brief so I apologize. Another view. Another view. You get an opportunity to see the extensiveness of the landscaping that was designed around this gazebo and fire pit. The idea was to minimalize the intrusion if you will to any neighbors. In other words, if they looked at this from the front of the property, you virtually because of the pine trees that you see here, it creates a natural buffer on the Bent Bow side. On the Moccasin Trail side, along Moccasin Trail we've also put in pines. By the time that those mature, and with the advent of this landscaping, we felt very confident that no one's really going to see it. Nor would it be effected. You know it wouldn't harm them in other words. In the fall of 2005, and you heard some of this already, the storms created a series of events that led us to know that these things are in the wetland conservation easement. There's overflow swales. We think, not knowing ahead of time but finding all this out in the fall, that you know I guess we'd like to just be able to leave it there. It's first of all it's not creating a hardship to any neighbors. It's not affecting the values of the neighbors. It's not affecting the flow of water to or from the pond. There is, and I think Kate mentioned on the back side of this gazebo, there is an area, and I'm not sure that you see it clearly but there's clearly a 10-15 foot area between the water's edge and what I knew to be the water's edge at the time that these were built. There is 15 feet of vegetation back there. Okay. And we maintain that, not only behind the gazebo and the fire pit, but behind the garden that was recently reconstructed. So we maintained what I thought was a pretty safe level of distance from the pond, and that would allow any runoff from any of the hard surfaces that we do have to readily be absorbed. I think what I'm going to do is jump ahead very briefly. I wanted to show some pictures of the before and after. This is the before pictures of the garden area that existed within the overflow swale. What that looks like today, and as of last Thursday, and what I proposed with this picture. Somewhat similar in nature and view. What has been done is all the garden has been eliminated and there is literally a 3 to 4 foot trench between the pond itself and the beginning of what was natural grass area. By engineers, they indicate to me that that swale and the way that it exists right now will guarantee for the next 30 to 40 years that should this pond ever flood again, that that swale will take care of whatever needs there may be. I guess with that, and I kind of jumped around. I apologize but this has kind of got away from me. I think in, lastly. With all the covenants and with all the restrictions and so forth, what has been indicated to me is that clearly the area in blue is what I get to play with so to speak. Everything else in that 9/10ths of an acre is what I'm being told no touch. I can't alter it. I can't remedy any problems within it. I shouldn't have put anything in there to begin with. And again I think that it just you know, what's there... restricts any use or utilization of this property in hind sight. And some bad decisions were made and I'm hoping I don't have to pay the price for those today. 47 City Council Meeting — July 10, 2006 Mayor Furlong: Thank you Mr. Schwartz. Questions. Councilman Lundquist: Did the reconstruction of the drainage Swale, staff saw those plans or designs or those things? Did you guys see that before that? Kate Aanenson: I'm not sure. Tom, has Don looked at those drainage? I don't believe so. Tom Schwartz: I don't know that he has. He was notified that that work was being done last week. I was told by the Lundgren representative which had a hand in that reconstruction, that he had been in contact with engineering staff here and he was confident that what they had created as an end result will, would suffice for many years to come. Councilman Lundquist: So you Mr. Schwartz, you used Lundgren's engineer or the engineering firm that, or someone that was recommended by them? Tom Schwartz: Recommended by them. Yeah. Yeah, we paid to have a complete re -survey done as well as then, as I said and you can kind of see what we've done with what was a garden. Councilman Lundquist: You did that work at your cost? Tom Schwartz: Yeah. Well we're in negotiations with Lundgren as to how that all comes about. And due in part because of the fact that we weren't properly notified of the restrictions that exist on this piece of property. Councilman Lundquist: I guess what, we didn't, the city did not contribute any money into that basically? Kate Aanenson: No. Tom Schwartz: Correct. Mayor Furlong: Other questions? Thoughts? Comments or questions at this point for either staff or Mr. Schwartz. Councilman Peterson: Kate, I assume that you haven't, nobody on your staff or Paul's staff has gone out and inspected this yet? Kate Aanenson: That's correct. So that would be a condition that we would just want to verify that that, it seems like it would work but just to verify the design and that it works. Mayor Furlong: Okay. Alright, thank you. Thoughts. Discussion. On this or other follow up. Councilman Peterson: My immediate reaction is that I'd like to have staff, before I decide to do anything tonight, is to verify what they've done and see if it meets what we're looking for. Then let staff and the applicant work together to try to figure out something creative. If they truly LIQ City Council Meeting — July 10, 2006 have accomplished the goal of getting one of the issues resolved, let's see if we can have them work to get the other ones as well too. Mayor Furlong: Okay, my thought, I think that's reasonable. I think there is, while we're not overall on the property dealing with an impervious surface coverage issue, it's the location of the pit and the gazebo that is the, the location is an issue and I'd like to see if the Schwartz' and staff could look at that and see what options might be there as well. But I do give the Schwartz' credit. One of the big issues that we have in this city is storm water management and making sure that the system works when we need it, and the night that we needed it, it wasn't working so I'm glad that that was taken care of, or is in the process of being taken care of and obviously I agree with Councilman Peterson that that's something that staff needs to be, see what's happening. Make sure they concur with what's done there and work together with them on that. So other thoughts? Councilwoman Tjomhom: I agree Mr. Mayor, but I do feel, I mean Mr. Schwartz, obviously it was painful to remove his gardens and it was not something he intended to intentionally do something to damage his neighbors or the neighborhood or the water flow or anything. I believe it was just an attempt to create an atmosphere that was desirable for their family and their back yard so, I'm hoping that when this issue is resolved, it's not as painful as it was having to remove the gardens. They were gorgeous gardens and now you have something that's as nice so I'm hoping we all can come to some sort of resolve where they don't have to have $15,000 to have stuff removed and that yet still we can protect our surface water management flows. Mayor Furlong: Okay. Councilman Lundquist, thoughts. Councilman Lundquist: I would concur with Councilwoman Tjomhom that you know having talked to Mr. Schwartz, I didn't get the feeling that there was a malicious intent to subvert the process where if somebody saw a survey and said you know, you can't build anything in here so I want to build something there. If I just pretend that I didn't know that and build it, you know maybe they won't catch me. Didn't get that. Clearly the issue arose there with the overflow and the fact that the applicant worked to mitigate that piece, obviously as I looked at it, that was the one that concerned me the most. That overflow. That affects the neighbors and the rest of the neighborhood and you know has the potential to create some damage to property there in a big way so, being that that was corrected, and the fact that, is the gazebo and the fire pit in an area it's not supposed to be? Yeah. And nobody's going to argue with that, but given the rest of the topography around the neighborhood road, the steepness of that, by that, I'm willing to give some credit to the applicant to, you know for the absorption of the cost of the rest of the changes that were made with the removal of the garden and doing that piece, I would concur that I'd like to see I guess that verified. Either engineering drawings or inspection or both or however that works out to make sure that that is in fact going to work if we need it to work. Todd doesn't want to go out there and dig another trench so. But that I, I think I'm comfortable with where it's at. I know I'm comfortable with where it's at right now, and you know to obviously go back, do the conservation easements as staff suggested. Get the permit both for the gazebo. Get it inspected. Make sure it's safe and everything's good there. But then I'm comfortable with the level of changes that have been made and the things that have been done, that I'm willing to grant the after the fact for the gazebo and the fire pit. 49 City Council Meeting — July 10, 2006 Mayor Furlong: Okay. Any other thoughts? I guess my overall, you know I, again I commend the work that's been done. I agree with you Councilman Lundquist on that. The issue of, if this wasn't an after the fact, I'd be surprised if the council would be granting the variance to locate these there, and I don't have a sense that there was, as you said, any malicious attempt. At the same time I think you know the location of the impervious surface coverage is something I guess I'd like to have staff spend a little more time and work with the residents and see if something can be done there before we go forward but. Kate Aanenson: Yeah, I was going to suggest something on that line, is to look at the overall impervious for the entire. That seemed to be some of your discussion. For kind of a rational basis for the findings. To look at how much impervious, or how much coverage on there right now so, see where we're at. It is a peculiar lot in the fact that it's encumbered by the large drainage swale. Mayor Furlong: Absolutely. Absolutely. Kate Aanenson: And that makes it a little bit different, which again would be another kind of thing, looking at the findings. Mayor Furlong: Yeah, and I think as part of the findings, I think traditionally you know in terns of continue to look and see what more might be done is just the location of where it is. Other thoughts or. Councilman Lundquist: I wouldn't dig my heels in to take you know a couple weeks or whatever to look at that. I think that's fair and reasonable. We've gone through this much so yeah it's. Mayor Furlong: And Mr. Gerhardt, you can guarantee we're not going to have another 100 year storm? Todd Gerhardt: Sure. Don't want to go through that again. Any comments regarding the inspection of the gazebo? Getting a permit. Getting that inspected included. Mayor Furlong: Yes, I think that's part of it and making sure that everything's done right. Other thoughts. Councilman Peterson? Councilman Peterson: I'll agree. Mayor Furlong: Okay. We table. There's a motion to table? Councilman Lundquist: Motion to table. Mayor Furlong: Let staff and the applicant work together. Is there a second? Councilwoman Tjomhom: Second. 50 = A 1 City Council Meeting — July 10, 2006 Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council table Planning Case 06-22, Variance request at 7376 Bent Bow Trail. All voted in favor and the motion carried unanimously with a vote of 4 to 0. GARY CARLSON, 3891 WEST 62ND STREET: VARIANCE REOUEST FOR RELIEF THE 1,000 SO. FT. DETACHED ACCESSORY STRUCTURE RESTRICTION FOR THE RSF DISTRICT. Public Present: Name Address Dale Keehl Gary Carlson Luke Melchert Maureen and Molly Carlson Megan Moore 3841 West 62°d Street 3891 West 62nd Street 112 2°d Street W, Chaska 3891 West 620d Street 3891 West 62nd Street Kate Aanenson: I did hand out to you a copy of the most one that we received this afternoon from the applicant. Subject site. Mr. Carlson's variance request is located on 3991 West 62°d Street. Megan Moore: 3891. Kate Aanenson: Thank you. Yeah, I believe that's what I said. Megan Moore: You said 39. Kate Aanenson: Okay. Mayor Furlong: Go ahead please. Kate Aanenson: 3891 West 62°d Street. Located on the northern end of the city, north of Highway 7. This is the subject site. You can back out a little bit Nann. This photo is a little bit outdated. I'll go through the current site plan here in a second. Request is for the variance of the garage. This garage located right here. A 20 foot front yard setback for 1,000 square foot garage. The Planning Commission did hold a public hearing on June 2&, 2006 to review the variance and the Planning Commission voted 6-0 to deny this. In the staff report there's a background. This did appear before the Planning Commission, in the background, and that date in, let's see. Oh, on April 4d' and they had 10 days to appeal that variance and that did not occur so it, they had to start the process back over, and that's the same application that you're seeing before you. This property, in the background, this property is zoned residential, although it's been, has non -conforming agricultural rights. It also has a non -conforming as far as additional a 51 Thomas Paula Schwartz 7376 Bent Bow Trail Chanhassen, MN 55317 952-380-1155 RECEIVE[ MAR 12 2007 CITY OF CHANHASSFt4 VIS!IIIII!IIIVIIIIIdI�VNVYIq 7006 0810 0006 6218 7653 *GUFFK3EW ADD" 55317 Mayor Thomas furlong City Of Chanhassen 7701 Market Blvd Chanhassen, M1 35317 VM/IFO STpiFS rosre�sFw�i�F 0000 s3 U.S. SP"TEN RGE PRro :55,RMN 1? RMOUNTR7 $00 r CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 3/13/07 2006-22 ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 10/3/06 06-22 Schwartz Encroachment Agreement 7376 Bent Bow Trail ❑ FOR BIDS DUE THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Sue - Please forward a fully executed copy to Thomas & Paula Schwartz at 7376 Bent Bow Trail, Chanhassen, MN 55317. COPY TO: SIGNED: I im I€uwis en, (952) 227-1107 If enclosures are not as noted, kindly notify us at once. SCANNED Thomas Paula Schwartz 7376 Bent Bow Trail Chanhassen, MN 55317 952-380.1155 February26, 2007 Mayor Thomas Furlong City of Chanhassen 7700 Market Blvd Chanhassen, MN 55317 Dear Thomas Per our conversation enclosed is the Encroachment Agreement for the gazebo and patio located at 7376 Bent Bow Trail, Chanhassen, Mn. Thank you for your understanding and prompt attention to this situation. I ask that a copy of the executed agreement forwarded for our files. Again, thank you for all the efforts put forward in helping get this situation concluded. Sincqely Thomas Schwartz Enc. Cc: file Bcc: (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this 2 day of2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"); and THOMAS G. SCHWARTZ and PAULA L. SCHWARTZ, husband and wife ("Schwartz"). 1. BACKGROUND. Schwartz is the fee owner of Loi 6, Block 3, THE MEADOWS AT LONGACRES 4THADDITION located in the City of Chanhassen, County of Carver, State of Minnesota, having a street address of 7376 Bent Bow Trail ("subject property"). The City owns easements for tree conservation, drainage and utility purposes over portions of the subject property. Schwartz has constructed a gazebo and patio structure on the subject property which encroach into the City's easement areas. — 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment of the existing gazebo and patio structure in its easement areas subject to the conditions set forth in this Agreement. The existing gazebo and patio structure may not be altered in any way, and no other structures are permitted to be built on the subject property without prior approval of the City. 127253v01 t (Abstract Property) SRN:09/11/2006 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easements, Schwartz, their successors, heirs, and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the subject property, including the gazebo and patio structure on the subject property, caused in whole or in part by the encroachment into the City's easement areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the subject property thirty (30) days advance written notice. The property owner shall remove the encroachments upon the effective date of the termination of this Agreement. If the owner fails to do so the City may remove the encroachments. 5. RECORDING. This Agreement shall be recorded against the title to the subject property and shall be binding upon Schwartz, their heirs, assigns, and successors in interest. CIT;OF H NHASSEN BY: r� (SEAL) Thomas A. Furlonc City Manager 12725301 2 (Abstract Property) SRN:09/11/2006 STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this d day of , 2006, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation a d ursua to the authority granted by its City Council. _ STATE OF MINNESOTA ) (SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by THOMAS G. SCHWARTZ and PAULA L. SCHWARTZ, husband and wife. opq MELISSA JOY VOYLES NOTARY FUBUC-MNItIBc= DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN/ms 127253v01 3 (Abstract Property) SRN:09/11/2006 STATE OF MINNESOTA ) (SS. COUNTY OF CARVER ) Th foregoing instrument was acknowledged before me this 13+" day of m[=_rte , 2007, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. I DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN/ms 127253v0t SRN:09/11/2006 NOT�RY PUBLIC KIM T. MEUWISSEN _ Notary Public -Minnesota M_2 My Commission Expires Jen 31, 2010 4 (Abstract Property) CEJ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Thomas and Paula Schwartz for an after -the -fact Variance request for relief from the 40 -foot wetland buffer setback for an existing gazebo and patio structure — Planning Case No. 06-22. On June 20, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Thomas and Paula Schwartz for an after -the -fact Variance request for relief from the 40 -foot front yard setback requirement to allow after -the -fact placement of gazebo and patio/fire pit structures in the wetland buffer setback on property zoned Planned Unit Development- Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed variances that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development- Residential (PUD -R). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 6, Block 3, The Meadows at Longacres 4th Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. Literal enforcement of this chapter would cause an undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential district. 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. 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. SCANNED f. 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 increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 5. The planning report #06-22 Variance dated June 20, 2006, prepared by Don Asleson, et al, is incorporated herein. ACTION The Planning Commission denies the Variances from the 40 -foot wetland buffer setback for the existing gazebo and patio structures. ADOPTED by the Chanhassen Planning Commission on this 2& day of June, 2006. CHANHASSEN PLANNING IRW 9:Nplan\2006 planning ca \06-22 uhwartz varianc6findings of factdoc 2 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 06-22 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, June 20, 2006, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance to allow structures within the 40 -foot wetland buffer setback on property located at 7376 Bent Bow Trail. Applicant: Thomas Schwartz. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/sere/plan/06-22.htnil or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Don Asleson, Natural Resources Technician Email: dasleson@ci.chanhassen.mn.us Phone: 952-227-1106 (Publish in the Chanhassen Villager on June 8, 2006) CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 553 06/20/2006 Receipt No. CLERK: katie PAYEE: THOMAS SCHWARTZ 7376 BENT BOW TRAIL CHANHASSEN MN 55317 Planning ------------------------------------------------------- GIS List 1 Total Cash Check Change SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 My of (952) 227-1100 MM}R To: Thomas Schwartz 7376 Bent Bow Trail Chanhassen, MN 55317 Invoice SALESPERSON DATE TERMS KTM June 8, 2006 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 57 Property Owners List within 500' of 7376 Bent Bow Trail (57 labels) $3.00 $171.00 TOTAL DUE $171.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for June 20, 2006. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #06-22. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED o('0-a.Z Affidavit of Publication Southwest Suburban Publishing State of Minnesota) CITY OF CHANHASSEN )SS. CARVER & HENNEPIN �CpOUNTIES County of Carver ) �It, ..n,,.,. the Chanhassen Planning Commission will hold a public Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized hearing on Tuesday, June 20,2006, at agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- 7:00p.m. in the Council Chambers in lager and has full knowledge of the facts herein stated as follows: Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is (A) These newspapers have complied with the requirements constituting qualification as a legal to consider a request fora Variance to allow structures within the 90 -foot newspaper, as provided b Minnesota Statute 331A.02, 331A.07, and other applicable laws, as P� � P Y wetland buffer setback on property amended. located at 7376 Bent Bow Trail. Applicant: Thomas Schwartz. (B) The printed public notice that is attached to this Affidavit and identified as NO.�L�1 A plan showing the location of was published on the date or dates and in the newspaper stated in the attached Notice and said the proposal is available for public Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of review on the City's web site at the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both www ci ha ha n + / rv/ vlan/06-22 htmloratCityfiailduring inclusive, and is hereby acknowledged as being the kind and size of type used in the composition regulmhusinesshours. All interested and publication of the Notice: persons are invited to attend this public hearing and express their khnno rstu abed �i1 vwxyz opinions with respect tos this proposal. Don Aslician BY (\-� Natural Resources Technician Email: Laurie A. Hartmann dart o Aci h h n Phone: 952-227-1106 (PublishedintheChanhassen V' ur on Thursday, June 8, 2006; No. 4673j Subscribed and sworn before me on this�day of ,2006 Notary Public RATE INFORMATION GLM.UENZ NOTPWESNAa1,X0100yCa Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter ................................ $40.00 per column inch Rate actually charged for the above matter ............................................... $11.51 per column inch SCANNED S Ill j -O 00 M(31 u ( u / J F7 X6� U X•VolX' aST'� a d'„v i Vie o o i 9 ire cy- W c o- ate- c *I-- Otr ate- am- c'n 1 4 r ? 1 S 00 Ill j -O 00 M(31 URVEY FOR: LUNDGREN ®ROS. I SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING ° ENVIRONMENTAL SERVICES 10580 WAY7ATA BOULEVARD. SURE 1 MINNETONKA, MN 55308 (612) 546-7601 FAX:546-9065 EXIS17N0 L BUILOIN0 I —J VACANT t 110.26 ; 1 C12 I 1 v co �AnitiT,o6 Jo��°pry '/ c CC co 030 N89°06'01" m'3.01 6'�_.`�0 0N6 47.89 IN \ ",sO n '�"' ,� �, ••' �� / \ EMERGENCY OVERFLOW SWALE,� 10 M�y'�90 I ,. 995eg1 .f90�e01 " L 7 991.1%/ G 3 rp�I IILL . 94 964.6 / 90 ST p'/O X9619� ,p V R, 38' >> �� 97q•69 250 � l y ,S8 p p 9 9j8 Wyss �p °'° 'a SIT, o 'Y 'B -CURB DESCRIPTION: Lot 6, Block. 3, THE MEADOWS_ AT LONGACRES . 4TH ADDITION, BENCHMARK: Top of iron monument as shown Elevation = 992.48 (NGVD-1929 Datum) CITY Or CHANHASSEN RIECEOVED RIAR 2 7 2000 This drawineq checked and reviewed this - day of by ENGINEERING DEPT, kit �t Kk� \ (101-52) CURB DRAINTILE E�0S14N CONTiL K GR 114STALt TYPESH�N ON 't' iE R To A. F1:t�tCENG T1: Of SURVEY PR10� TOIL t©T 1S AND MAI14TA10WEi'1 cEtif"r1C.A RING E Cwt"�SaftO7ATLv, DUy uALES,MAY FVttY VEG ION STAKED HA ' COt9STRUTLIEU Of FEP1CItdG se USED 114 GENERAL NOTES: 1. • — Denotes iron monument. 2. x890.0 — Denotes existing spot elevation. 3, x(890.0) — Denotes proposed spot elevation. 4.,o- - — Denotes direction of surface drainage. 5. Proposed garage floor = 994,0 (DROP GARAGE 1 COURSE) 6. Proposed top of foundation = 995.0 7. Proposed basement floor = 987.0'. 8. Denotes wetland buffer monument, I hereby certify that this survey was prepared ',under my supervision and that I am a LicensedLand Surveyor under the laws. of the Stateooff Minnesota. TT Bruce W. Skipton Date: 3-9-00 License No. 17768 40 0 40 80 120 Feet I L c9�a SAVE TREES '00011, , ✓V '� e9) / f � r � ,�pDOOpgA \ IOisASH OOPp 00 O 0000' a 10"CHERRY �✓ EEK WATERSHED 61STRICT q oon receipt of verification from the City of 15"CHERRY 4 R' 0 ,O MIN FAA cc w co g0 z r Co ' Z L Q m w co Z co 1 O m w m C7 Q tz Q w m Z m 0 t 9 z 3 n i I I W a z y�y F i x 2 0 i I l I la 4 Z 6 W Z ED W in rn 79 to r � m ffj 'W Est b 0 50 100 150 SCALE IN FEET NOTE: SEWER AND WATER SERVICES SHAD_ BE EXTENDED 9' BEYOUND RIGHT OF WAY UNE.. LOCATION WILL BE DETERMINED IN THE FIELD. (SEE DETAIL PLATE 02001) MANHOLE STATIONING SHOWN IN PIAN VIEW IS CENTERLINE STREET STATIONING. ALL SANITARY SEWER SERVICES HAVE BEEN INSTALLED TO 9' BEYOND R.O.W. FOR LOTS 1 THRU 7. BLOCK 2 2nd ADDITION AND FOR LOTS1 AND 2 BLOCK 1 2nd ADDITION. 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Sri^"'ICATIOM, OR or- uinc VooOAMr � ur nc lv uv r,..,,rr.,r Sr"OF4._L "P t9A+DSQP.#. /*7�IJNF�LO R Lo ('ATIU I RVEY .FOR: LUNDGREN BROS. EMERGENCY OVERFLOW SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES 10560 WAYZATA BOULEVARD, SUITE 1 MINNETONWI, MN 55305 (612) 546-7601 FAX:546-9065 LEX STINO BUILDING i VACANT N83e 16' 48' E 110.26 1 { • i {` t ,?a CU�0� / e s 4 0RVi Op F4�5rye ryTF `F D O - i10 0 N8VO6'01-W 47.86 +1„e"' \iSU o '3`•' = o �. I _ I 9 °tea e°G• 1 � 'Cr 7 eE It 5 4-- 0 44'56a \ Lam O0� �' nary ABs A�S 0020 �- - CURB DESCRIPTION: Lot 6, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION. BENCHMARK: Top of iron monument as shown Elevation = 992.48 (NGVD-1929 Datum) This drawing hos been ghecked and rree�vviiiefwweed. tth?'s day of by Of 1z da 27 CITY OF CHANHASSEN RIECEOVED ALAR 2 7 2000 ENGINEERING DEPT. (101-52) ~Zac}C o —• !i ED By; TM "�.- 3-z8•ol K�m \ 101 \ \ CURB �— DRAINTILE �pj ERp1108 CONTM� {td84ALL TYPES_Q N OIJ 'Tt9E PLAO APED, 'GR AS g SUP,U'Ev PP -10 TO FE�>«{4� r, T& O 6PtT�',1td ULi1SL LOT 15 CEt i'{r1..,A 1d AP M�.1idG v�61P1TE'R oliu&,vxllo Y BALES. MAY, TL`LLY 4e�SETATEI9: D Ca'�tti'fPUCThON STAKED �!"i6 EE 1f5E0 6N LSEU Of PEN GENERAL NOTES: 1. • — Denotes iron monument. 2. x890.0 — Denotes existing spot elevation. 3. x(890.0) — Denotes proposed spot elevation. 4., — Denotes direction of surface drainage. 5. Proposed garage floor = 994.0 (DROP GARAGE 1 COURSE) 6. Proposed top of foundation = 995.0 7. Proposed basement floor = 987.0 8. ❑Q — denotes wetland buffer monument. I hereby certify that this survey was prepared 'under my supervision and that I am a Licensed Land Surveyor under the laws of the State of Minnesota. Bruce W. Skipton Date: 3-9-00 40 0 40 80 120 Feet License No. 17768 CITY OF CHANHASSEN STAFF REPORT PC DATE: June 20, 2006 CC DATE: July 10, 2006 REVIEW DEADLINE: July 30, 2006 CASE #: 06-22 BY: DA PROPOSAL: After -the -fact Variance request for a Gazebo and Patio structure within the wetland buffer setback. LOCATION: 7376 Bent Bow Trail Lot 6, Block 3, The Meadows at Longacres 4'h addition APPLICANT: Thomas and Paula Schwartz 7376 Bent Bow Trail Chanhassen, MN 55317 PRESENT ZONING: PUD -R 2020 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: .93 acres DENSITY: NA SUMMARY OF REQUEST: Request for relief from 40 -foot wetland buffer setback to allow after -the -fact placement of gazebo and patio structure in the wetland buffer setback on property zoned Planned Unit Development -Residential (PUD -R). Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. Location Map Schwartz Variance Planning Case No. 06-22 7376 Bent Bow Trail City of Chanhassen Loges Subject Property ec"NO Schwartz Variance Planning Case #06-22 June 20, 2006 Page 2 SUMMARY OF PROPOSAL The applicant is requesting relief from the 40 -foot wetland buffer setback requirement for an existing gazebo and patio/fire pit structure within the wetland buffer setback. The gazebo and patio/fire pit have already been constructed without obtaining permits APPLICABLE REGUATIONS Sec. 20-406. Wetland Buffer Strips and Setbacks. Buffer and setback requirements for lots on record between December 15, 1992 and May 24, 2004: • Principal and accessory structure setback of 40 feet from edge of buffer. • Buffer Strip minimum average width for Natural Wetland is 20 feet. • Minimum buffer strip is 10 feet. BACKGROUND The subject property was platted as part of The Meadows at Longacres 4a` Addition in 1998. The Schwartz home was built in 2000 on Lot 3, Block 6. The delineated wetland is identified on The Meadows of Longacres 4'h Addition plat map and the wetland buffers determined around the entire basin were monumented as indicated on the March 10, 2000 and May 17, 2006 survey (see attachments 4 & 5). According to the applicant, the wetland buffer signage was never installed at the monumented locations as required with the Longacres development. The wetland buffer setback is measured 40 feet from the monumented wetland buffer. During the storm events of September and October 2005, concern over structures within the emergency overflow easement on the applicant's property initiated a staff investigation into the structures at 7376 Bent Bow Trail. Upon further inspection a non - permitted gazebo and patio/fire pit within the wetland buffer setback were identified near the wetland at 7376 Bent Bow Trail. Both structures, as they currently exist, encroach into the 40 -foot wetland buffer setback, wetland buffer, drainage and utility easement and conservation easement area. The wetland at 7376 Bent Bow trail is identified as a natural wetland area within the 1994 Surface Water Management Plan. Gazeta and Patio Structure at 7376 Bent Bow Trail Schwartz Variance Planning Case #06-22 June 20, 2006 Page 3 The wetland is a.6 acre Type 3, deep marsh wetland. This wetland is considered a jurisdictional wetland protected by the Wetland Conservation Act and City Code. The southwestem portion of the Schwartz property lies on a drainage and utility easement for the purpose of serving as an emergency overflow for the wetland to the north. The applicant is currently working with an engineer and the City Engineer to ensure the emergency overflow issue is adequately resolved (removal of garden beds) separate from this variance process. ANALYSIS The Meadows at Longacres 4s' Addition was platted in 1998 with a drainage and utility easement over the norther portion of the lot including the wetland area. The wetland is classified as a natural wetland basin in the 1994 Surface Water Management Plan. Wetland buffer requirements at the time of platting were a 20 -foot average buffer around the wetland basin with a minimum buffer distance of 10 feet in addition to the 40 -foot wetland buffer setback. The applicant's wetland buffer varies from 25 feet near the gazebo to 50 feet in width closest to Bent Bow Trail. See buffer comparison table below for buffers that exist around the entire wetland basin. The wetland buffers for the wetland were monumented on the applicant's property and are identified on the 2000 and 2006 surveys. The 40 -foot wetland buffer setback is located 40 feet from the wetland buffer monuments. The City became aware of the non -conforming structures during inspection of the emergency overflow on the applicant's property during the storm events of September and October 2005. Upon investigation of the emergency overflow easement, staff became aware of the non -conforming gazebo and patio/fire pit structure which encroach into the wetland buffer, wetland buffer setback, conservation easement and drainage and utility easements. Staff also realized that the wetland buffer signs indicated on the 2000 survey were not in place. The applicant is requesting an after -the -fact variance from the 40 -foot wetland buffer setback on his property to bring a non -conforming, non -permitted, 175 -square foot gazebo and a 230 -square foot patio/fire pit structure into compliance with city ordinance. Currently both structures are located within the wetland buffer requiring a variance of 52 feet from the 40 -foot wetland setback for the patio/fire pit and a variance of 45 feet from the 40 -foot wetland buffer setback for the gazebo. The subject property has buildable area outside of the wetland buffer setback available for the structures. Staff has indicated on a copy of the 2000 survey areas where structures could be Buffer Com arison Table for Natural Wetland adjacent to 7376 Bent Bow Trail Lot Block I Minimum Width of Buffer Max Width of Buffer Location from Applicant 3 6 25 50 Applicant 1 1 10 10 Across Wetland 2 1 10 10 Adjacent to Southwest 5 3 35 55 Adjacent to North 7 5 10 25 Across Wetland The wetland buffers for the wetland were monumented on the applicant's property and are identified on the 2000 and 2006 surveys. The 40 -foot wetland buffer setback is located 40 feet from the wetland buffer monuments. The City became aware of the non -conforming structures during inspection of the emergency overflow on the applicant's property during the storm events of September and October 2005. Upon investigation of the emergency overflow easement, staff became aware of the non -conforming gazebo and patio/fire pit structure which encroach into the wetland buffer, wetland buffer setback, conservation easement and drainage and utility easements. Staff also realized that the wetland buffer signs indicated on the 2000 survey were not in place. The applicant is requesting an after -the -fact variance from the 40 -foot wetland buffer setback on his property to bring a non -conforming, non -permitted, 175 -square foot gazebo and a 230 -square foot patio/fire pit structure into compliance with city ordinance. Currently both structures are located within the wetland buffer requiring a variance of 52 feet from the 40 -foot wetland setback for the patio/fire pit and a variance of 45 feet from the 40 -foot wetland buffer setback for the gazebo. The subject property has buildable area outside of the wetland buffer setback available for the structures. Staff has indicated on a copy of the 2000 survey areas where structures could be Schwartz Variance Planning Case #06-22 June 20, 2006 Page 4 relocated on property to bring structures into compliance (Attachment 8). The applicant has indicated that moving the structures would be too costly and would constitute a hardship. Back Yard Area suitable for structure placement Should the Planning Commission choose to approve the variance request, the structures would also require encroachment agreements for the patio/fire pit and gazebo within the conservation easement and drainage and utility easements as part of the variance approval. The encroachment agreements should specify that no additional structures or expansion of existing structures shall be allowed in the easements. FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods preexisting standards exist. Variances that blend with these preexisting standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter would not cause undue hardship. The applicant has reasonable use of the property without the need for a variance. Suitable areas exist on the subject property to allow the applicant to comply with the required wetland buffer setback. Schwartz Variance Planning Case #06-22 June 20, 2006 Page 5 2. That the conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions on which a petition for a variance is based are applicable, generally, to other property within the same zoning classification. 3. That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The improvements increase the value of the property. 4. That the alleged difficulty or hardship is not a self-created hardship. Finding: The alleged difficulty is a self-created hardship. The applicant did not obtain a building permit for the gazebo or a zoning permit for the patio/firepit. 5. 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. Finding: The granting of the variance will not be detrimental to public welfare or injurious to other land or improvements in the neighborhood. 6. 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 decrease visibility or site distances, or increases the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variance will not endanger public safety or diminish property value in the neighborhood. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies the 52 -foot variance for the 175 -square foot gazebo and the 45 -foot variance from the 230 -square foot patio/fire ring structures based on the findings of fact in the staff report and the following: 1. The applicant's hardship is self-created in nature. 2. The applicant has reasonable use of the property. 3. The conditions upon which a petition for a variance is based are applicable, generally, to other property within the same zoning classification. Schwartz Variance Planning Case #06-22 June 20, 2006 Page 6 In addition, the Planning Commission orders the applicant to remove the structures from within the wetland buffer setback and restore native vegetation to disturbed areas as required by City Code. If the structures are to remain on the property with conforming setbacks, building permits and zoning permits must be obtained. The applicant shall also install wetland buffer signs provided by the City at the monument locations." Should the Planning Commission choose to approve the request, staff recommends the Planning Commission adopt the following motion: "The Planning Commission approves the 52 -foot variance for the gazebo and 45 -foot variance for the patio structure to allow the 175 -square foot gazebo and 208 square foot patio to remain in place based on the findings of fact in the staff report with the following conditions: 1. An encroachment agreement shall be issued for structures within the drainage and utility easement and conservation easement. 2. No expansion or addition of the structures shall be allowed. 3. The applicant shall place wetland buffer signs provided by the City at monumented locations. 4. A building permit shall be obtained for the gazebo." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Development Review Letter dated May 15, 2006. 4. Affidavit of Mailing. 5. November 2, 2005 Letter to Thomas and Paula Schwartz. 6. November 15, 2005 Letter in response to November 2, 2005 letter. 7. 2000 Proposed Survey. 8. 2000 Proposed Survey with acceptable structure locations. 9. 2006 As -built Survey. g:\plan\2006 planning cases\06-22 schwartz variance\schwartz staff reportAm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Thomas and Paula Schwartz for an after -the -fact Variance request for relief from the 40 -foot wetland buffer setback for an existing gazebo and patio structure — Planning Case No. 06-22. On June 20, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Thomas and Paula Schwartz for an after -the -fact Variance request for relief from the 40 -foot front yard setback requirement to allow after -the -fact placement of gazebo and patio/fine pit structures in the wetland buffer setback on property zoned Planned Unit Development- Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed variances that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development- Residential (PUD -R). 2. The property is guided by the Land Use Plan for Residential —Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 6, Block 3, The Meadows at Longacres 4`s Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. Literal enforcement of this chapter would cause an undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential district. 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. 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. CITY OF CHANHASSEN 7700 Market Boulevard – P.O. Box 147 Chanhassen, MN 55317 – (952) 227-1100 DEVELOPMENT REVIEW APPLICATION and Ad,�ress: Z" I I 1fsa..L4- c C v, less gti� .n.J SS 17 Contact: —/o~s Phone:G"z- Fax: Email: /OO/ Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review' Subdivision` Phone: Email: Planning Case No. 0(10 _� CITY OF CHANHASSEN RECEIVED MAY 17 2006 CHANHASSEN PLANNING DEPT and Address: Fax: Temporary Sales Permit Vacation of Right-of-Way/Easements AVariance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign" - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost"' - $50 CUP/SPRNAC AR AP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ -RSO 2-0 CI c,C..# 10-13b An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. Twenty-six (26) full-size folded copies of the plans must be submitted, including an S''/z" X 11" reduced copy for each plan sheet along with a digital co pv in TIFF -Group 4 ('.tif) format. " Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. " Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. scmmm 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 increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood 5. The planning report #06-22 Variance dated June 20, 2006, prepared by Don Asleson, et al, is incorporated herein. ACTION The Planning Conmrission denies the Variances from the 40 -foot wetland buffer setback for the existing gazebo and patio structures. ADOPTED by the Chanhassen Planning Commission on this 2& day of June, 2006. CHANHASSEN PLANNING CONMSSION I", Its Chairman gAplan\2006 planning cases\06-22 schwartz variance\Tindings of fact.doc PROJECT NAME: --�)C %\W Cis A Z V 4v oe.rt C LOCATION: -731 (o --F(-c`i I LEGAL DESCRIPTION: Low(, -9koLk ( L, s ak l.o,�Q creS 41h fldciYl TOTAL ACREAGE: a 1 :�) GLCrC S WETLANDS PRESENT: X YES NO PRESENT ZONING: P07—R REQUESTED ZONING: I -J T PRESENT LAND USE DESIGNATION:. [SQS1 C`Pr\ �iLL� - �-dt.J Len%) REQUESTED LAND USE DESIGNATION: �j REASON FOR REQUEST: -:T "Cf �, /rTV / Ce8l S tiC�ifit� A17 1.t9 �T[�, it.tid�eJrs-�n-�.,o,� fifJ rua��r�J�l .¢ �c�X t o Fool uac'TlA,-jo /So-r-13A-ck. /4/0D "01'A 0,,7- /�NO.IJ/�4� l TV /�/ Qir_/��slyUA ii.. �-F/� 1-7iAi4 l[lc Gtr sfi 7�7 f��p ZT ,013 X -S --r�j 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 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 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that 1 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 Title, 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. I 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. Signatur of Appli t Date Signature of Fee Owner Date G--WanQdW#AMebpment Review Application.DOC Rev. 4N5 May 15.2006 Development Review Application City of Chanhassen 770n MaA-Pr Rtvd Chanhassen, MN 55317 Request of a variance for Gazebo and adioining fire nit located at 7376 Bent Bow Trail. In August 2000 we purchased the above mentioned property from Lundgren Bros. Development. We were told at the time of purchase that a 10 foot wetland buffer existed around the pond shared with five other home sites. We adhered to the buffer restriction as disclosed at purchase. Unfortunately we had no knowledge of a 40 foot Wetland Buffer Setback aligned with a Drainage and Utility Easement which we had no knowledge of. Subsequently, as hart of our overall comprehensive landscaping plan we placed a gazebo and fire pit within this area Before placing the gazebo and fire pit we applied for and received approval from the association's architectural committee. In placing a call to the city of Chanhassen's regarding a permit I was informed that a "kitted" gazebo didn't require a permit. No mention was made at that time that there was a concern as to the placement. So the gazebo and fire pit were built in 2001/2002 and were out within the Drainage &cUtility Easement and the adioming 40 foot Wetland Buffer Setback. It was after the changes that occurred to the property north of the Longacres Development and the abnormal water runoff entering the pond adjacent to and shared within our property did we find out about both restrictions. We have since conducted exhaustive research, spent thousand of dollars and hired an independent survey companv to determine what we really have as a property. In addition, we have received several bids regarding the destruction, moving or takedown and rebuild of the gazebo and pit only to have those alternatives prove to be financially impractical and prove to be too burdensome. Lastly, we are aware that a permit for the Gazebo will be required if the variance is approved. A subsequent permit will be requested should variance be approved. Re d Thomas -and aula Sch 7376 Bent Bow Trail O 9�n_aRn_i i 55 Rnc- qTY RE�ENE� SEN MAy 17 2006 CHANHASSEN PLANNING DEPT SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on June 8, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Thomas Schwartz Variance — Planning Case 06-22 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this `b � day of (I 4L , 2006. Notary Public 7 Karen J. Eng ,hJrdt, Deputy Clerk a., KIM T. MIIUWISSEN le Notary Public-Mlnni3sota MY COmMINIOn Expires Jen 91, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 20, 2006 at 7:00 p.m. This hearing may not start until later In the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Variance to allow structures within the 40 -foot wetland buffer setback. Applicant: Thomas Schwartz Property 7376 Bent Bow Trail Location: A location map Is on the reverse side of this notice. 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 Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1, Staff will give an overview of the proposed project. at the Meeting: 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 the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/Dlan/06-22.htmI. If you wish to talk to someone about this project, please contact Don Questions & Asieson by email at dasleson@ci.chanhassen.mn.us or by Comments: phone at 952-227-1106. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure; • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustriai. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have somethina to be included in the report, lease contact the Plannino Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 20, 2006 at 7:00 P.M. This hearing may not start until later in the evening,depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Variance to allow structures within the 40 -foot wetland buffer setback. Applicant: Thomas Schwartz Property 7376 Bent Bow Trail Location: A location map Is on the reverse side of this notice. 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 Chair will lead the What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 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 the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/06-22.html. If you wish to talk to someone about this project, please contact Don Asleson by email at dasleson@ci.chanhassen.mn.us or by Questions & phone at 952-227-1106. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommentlation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation, Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wlah to have something to be included in the report, lease contact the Planning Staff person named on the notification. This map is neither a legally recorded map nor a wrvey and is not intended to be used as one. This map is a compilalion of records, infomation and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare Mis map are error free, and the City does not represent that Me GIS Data can be used for navigational, tracking or any other purpose requiring erecting measurement of distance or direction or precision in the depiction of geographic features. H mors or discrepancies are lomd please contact 952-227.1107. The preceding disclarrer is provided pursuant to Minnesota Statutes §466.0.3, Subd. 21 (2000), and Me user of this map acknowledges that Me City slap not be liable for any damages. and expressly waives all Barre, and agrees to defend, indemnity, and hdtl harmless Me City from any and all claim brought by User, its empkoyeas or agents, or third parties which arise out of the users access or use of data pranced. [:7:!S7r�':" ill■ This Map is neither a legally recorded map nor a survey and is not intended to be used as me. This rrep at a conpiladon of records, ihionrptim and data locaed in various city, county, state and federal offices ad dither saunas regarding Me area shown, and m to be used for reference purposes only. The City dors ant v`arrarn Ma the Geographic IMonratim System (GIS) Data used to prepare this map ane error tree, will the City does ret represent the Me GIS We can be used for mvigauona, tracking or any other purpose requiring eaac6ng mrastarmenl d distance or directim or precision in Me, delictim of geographic features. If errors or decadences am hard please contact 952-227-1107. The preceding lisclainer is prwidetl pursuant to Wmesom Statutes §466.03. Subd- 21 (2000), and the user of this map ac edges Met the City shall not be liable for my damages, and efpressly waves all claim antl agrees to defend, indemnify, and hold harmkess Me City frim my and all clams brought by User. its employees or agents, or Mand panties which arse an d the users access or use of data govided. CARTER W & CARRIE A MUENCH THOMAS M & KATHLEEN M KUHL JAMES A CHRISTIANSEN & 7284 BENT BOW TRL 7289 BENT BOW TRL JENNIFER LCHRISTIANSEN CHANHASSEN, MN 55317 -6401 CHANHASSEN, MN 55317 -7562 2435 HUNTER DR CHANHASSEN. MN 55317 $431 STEPHEN NIKRANT & STEVEN C & ANNE R FORSLUND CHAD A & JENNIFER L ERICKSON LISA KAY NIKRANT 7301 BENT BOW TRL 7315 BENT BOW TRL 7300 BENT BOW MRL CHANHASSEN, MN 55317-6402 CHANHASSEN , MN 55317 -6402 CHANHASSEN, MN 55317 -6402 DAVID C & SUSAN L KIBLER WILLIAM D DOCE-HEIAM & KEVIN P & JEAN ANN THAYER 7329 BENT BOW TAL SUZANNE M DOCE-HEIAM 7351 MOCCASIN TRL CHANHASSEN, MN 55317 -6402 7348 BENT BOW TRL CHANHASSEN, MN 55317 -7549 CHANHASSEN, MN 55317-6402 RANDALL L & SHELLY A CHRISTY ERIC V & BARBARA F DOREMUS DAVID M & JENNIFER S FRITZ 7377 MOCCASIN TRL 7371 BENT BOW TRL 7385 BENT BOW TRL CHANHASSEN, MN 55317-7550 CHANHASSEN, MN 55317-6402 CHANHASSEN, MN 55317-6402 MATTHEW M & SUSAN B QUINN STEVEN M & CAROLYN B WEIBY TERRY L & KAREN F RADIL 7397 BENT BOW TRL 7398 BENT BOW TRL 7415 BENT BOW TRL CHANHASSEN, MN 55317-6402 CHANHASSEN, MN 55317-6402 CHANHASSEN, MN 55317-6400 BRIAN A & AMY R WUEBBELS JOHN R & STACEY L BOSACKER JOHN KEITH & COURTNEY J BRYAN 7400 MOCCASIN TRL 7428 BENT BOW TRL 7406 MOCCASIN TRL CHANHASSEN, MN 55317-7551 CHANHASSEN, MN 55317-6400 CHANHASSEN, MN 55317-7551 DALE F & JO ELLEN MUELLER ROBERT & AMY F BUTTERFIELD ALLISON L CRAIG & 2529 LONGACRES DR 2537 LONGACRES DR ROBERT W CRAIG CHANHASSEN, MN 55317 -7553 CHANHASSEN, MN 55317 -7553 2547 LONGACRES DR CHANHASSEN, MN 55317-7553 BRIAN P & DIANE M LARSON DOUGLAS L & EILEEN H PETERSON KENNETH & KIMBERLY SWITALSKI 2427 HUNTER DR 7320 BENT BOW TRL 2563 LONGACRES DR CHANHASSEN, MN 55317 -8431 CHANHASSEN , MN 55317 -6402 CHANHASSEN, MN 55317 -7553 DANIEL J & KRISTIE M WIGGER MARK S & PAMELA J GOLENZER KURT W & MICHELLE K OODSEN 2419 HUNTER DR 7334 BENT BOW TRL 7325 MOCCASIN TRL CHANHASSEN, MN 55317-8431 CHANHASSEN, MN 55317-6402 CHANHASSEN, MN 55317-7549 KARLENE AJOHNSON JAMES W & STACIA L SPEIGHT DAVID M & ELIZABETH D KUCERA 2403 HUNTER DR 7361 MOCCASIN TRL 2572 SOUTHERN CT CHANHASSEN, MN 55317-8431 CHANHASSEN, MN 55317-7550 CHANHASSEN, MN 55317-7547 ,MICHAEL J NELSON & COLLEEN I D NELSON MICHAEL T & MARY T K MAESER MICHAEL P SMITHSON & 7357 BENT BOW TRL 2584 SOUTHERN CT JULIE R LARSON SMITHSON CHANHASSEN, MN 55317 -6402 CHANHASSEN , MN 55317 -7547 7389 MOCCASIN TRL CHANHASSEN, MN 55317 -7550 ROBERT M & KATY S KEELER JON E FREEMAN WILLIAM E & KIM M WHITE 7399 MOCCASIN TRL 2575 SOUTHERN CT 2585 SOUTHERN CT CHANHASSEN , MN 55317 -7550 CHANHASSEN, MN 55317 -7547 CHANHASSEN. MN 55317 -7547 DAVID JOE & PAULA M WARD BART JAY & REBECCA LYNN EDDY GEORGE E II & JACQUELINE TYSON 7483 MOCCASIN TRL 7433 BENT BOW TRL 7414 MOCCASIN TRL CHANHASSEN, MN 55317 -7552 CHANHASSEN, MN 55317 -6400 CHANHASSEN, MN 55317 -7551 MICHAEL W & JENNIFER APPANEAL THOMAS B & LAURA E PAPAS JOHN O ESCH & 7424 MOCCASIN TRL 7434 MOCCASIN TRL LEAH HAWKE CHANHASSEN, MN 55317 -7551 CHANHASSEN, MN 55317 -7551 7444 MOCCASIN TRL CHANHASSEN, MN 55317 -7551 ALLAN D & ELIZABETH D REDING DAVID G & STACEY R HURRELL PAUL D & ELIZABETH S MILLER 7457 BENT BOW TRL 7460 BENT BOW TRL 7473 BENT BOW TRL CHANHASSEN, MN 55317-6400 CHANHASSEN, MN 55317-6400 CHANHASSEN. MN 55317-6400 MATTHEW JEFFREY THOMAS DAVID E & CONNIE S MOORE TIMOTHY J & JENNIFER A LORGE 2555 LONGACRES DR 7330 MOCCASIN TRL 2589 LONGACRES DR CHANHASSEN, MN 55317 -7553 CHANHASSEN. MN 55317 -7549 CHANHASSEN, MN 55317 -7554 LEONIDAS & KRISTINE CHECHERIS BRIAN A & KIMBERLY A WELLMAN CHARLES ARNOLD BOBERTZ & 2411 HUNTER DR 7343 BENT BOW TRL MARY BOWAR BOBERTZ CHANHASSEN, MN 55317 -8431 CHANHASSEN, MN 55317 -6402 2401 HUNTER DR CHANHASSEN, MN 55317 -8431 PATRICK S & SHERYL M ROGERS MICHAEL E & ANNE M RYAN NEAL R & NANCY J SIMON 2596 SOUTHERN CT 2595 SOUTHERN CT 7490 MOCCASIN TRL CHANHASSEN, MN 55317 -7547 CHANHASSEN, MN 55317 -7547 CHANHASSEN, MN 55317 -7552 JAMES L & LISA R COLBERT KHAI & HEATHER TRAN JOSEPH RANDY WILLIAMS & 7454 BENT BOW TRL 7474 MOCCASIN TRL ANN L WILLIAMS CHANHASSEN. MN 55317 -6400 CHANHASSEN, MN 55317 -7552 7476 BENT BOW TRL CHANHASSEN. MN 55317 -6400 Public Hearing Notification Area (500 feet) Schwartz Variance Planning Case No. 06-22 7376 Bent Bow Trail City of Chanhassen Subject Property M c coM , s-- Park d Recreation November 2, 2005 CITY OF There are several issues with the structures as installed: CHANiiASSEN Thomas and Paula Schwartz Recreation Center 7376 Bent Bow Trail 1700 Market Boulevard Chanhassen, MN 55317 PO Box 147 raise to an artificially high level, threatening to flood homes adjacent to Chanhassen, MN 55317 Re: Structures within Easements and Setbacks at 7376 Bent Bow Trail (Lot Administration 6, Block 3- The Meadows at Longacres) Phone: 952227.1100 wetland buffer and a wetland buffer setback. These areas are protected by Fax: 952.227,1110 Dear Thomas and Paula: Building Inspections structures are allowed within these areas. Additionally, further review of Phone: 952227.1180 The City of Chanhassen experienced significant rain events during the month Fac 952227.1190 of September. As a result of those rain events, the City became aware of Engineering some issues with its storm water conveyance system. One of the issues that Phone: 952227.1160 became evident to City staff involves your property and has been aggravated Fax: 952.227.1170 by landscaping and construction activities at the above address. Currently, a Finance garden area with timber walls, gazebo and a patio area exist on your property. Perone: 952227.1140 These are located within drainage and utility easements, conservation Fax 952227.1110 easements and/or wetland buffers and setbacks. Park d Recreation Phone: 952.227.1120 There are several issues with the structures as installed: Fax: 952.227.1110 1. The garden area and associated timber walls are located in an area that Recreation Center was designed to function as an emergency overflow for the wetland just 2PhoCooker :952.2Boulevard Phone: 952.227.1400 north of our home. Without an emergency overflow, the wetland could Y g Y > Fax: 952.227.1404 raise to an artificially high level, threatening to flood homes adjacent to the wetland. Planning a Natural Resources 2. The gazebo and patio are located within a conservation easement, a Phone: 952.227.1130 wetland buffer and a wetland buffer setback. These areas are protected by Fax, 952.227.1110 the conservation easement, as well as by Chanhassen City Code. No Public Works structures are allowed within these areas. Additionally, further review of 1591 Park Road your property file revealed that a building permit for the gazebo structure Phone: %M7.1300 has not been issued. Fax: 952.227.1310 Senior center To bring your lot into compliance with Chanhassen City Code, The following Phone: 952227.1125 issues must be addressed: Fax: 952227.1110 web sne 1) Restore the emergency overflow swale for the wetland. The garden and www.cielianhassen.mn.us all associated structures must be removed from the emergency overflow Swale and the drainage easement as illustrated on your lot survey. As part of the removal, you, must re -install the swale that has been removed as part of the garden installation. As indicated above, the swale that was removed is critical to the proper functioning of the storm water system in your neighborhood. Without the capacity to overflow in high water situations, the wetland is more likely to cause flooding problems within your neighborhood. The City al Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gral place to live, work, and play. 2) Relocate the patio and gazebo. The gazebo and patio must be moved outside the drainage and utility easement, conservation easement and the 40 foot wetland buffer setback (please see enclosed survey for details) or removed from the property. Additionally, a permit shall be obtained from the Chanhassen Building Department for the construction and/or moving of the gazebo. If you do not wish to move or remove the structures, you may apply for a variance from the 40 foot wetland setback and wetland buffer requirements. The variance process is a public process that allows public input before the Planning Commission and/or City Council make a decision. As part of the variance process, you will be required to submit an updated survey illustrating the gazebo and patio locations, the drainage and utility easements, conservation easements, wetland buffer setbacks, edge of wetland and wetland buffer monuments as currently shown on your survey. This process does not guarantee that you will be able to keep your structures in place if the Chanhassen City Council decides to deny the request for a variance. In order to leave the structures in place, you would also need to receive relief from the conservation easement requirements. This would occur immediately following, or concurrent with, the variance process. 3) Replace wetland buffer monuments. The wetland buffer monuments must be replaced to the locations shown on your lot survey. If you do not have the buffer signs, the City has them available at a cost of $20 per sign. I have enclosed a copy of your property survey, the portion of Chanhassen City Code that addresses wetland buffer and setback requirements, and the documents that you will need to apply for a variance if you decide that you would like to pursue a variance or variances. In the future, please submit any proposed improvements for a zoning compliance review with the Chanhassen Planning Department to avoid violation of City Code. A zoning compliance review is free and essential to ensure that the proposed improvement complies with all city ordinances. If you have questions, feel free to contact me at 952.227.1106. I appreciate your cooperation in addressing this issue. Sincerely, CITY OF CHANHASSEN Don Asleson Natural Resource Technician Enclosures: 1) 7376 Bent Bow Trail (Lot 6, Block 3, The Meadows at L.ongacres 4`s) Lot survey dated March 2000. 2) Section 20-406 of Chanhassen City Code 3) Variance application documentation Thomas and Paula Schwartz - 7376 Bent Bow Trail, Chanhassen, MN 55317 November 15, 2005 Don Asleson City of Chanhassen 7700 Market Blvd. Chanhassen, MN 55317 Dear Mr. Asleson; This communication is in response to your letter dated November 2, 2005 and the subsequent telephone call on November 14, 2005- You have requested that we remove the garden area which allegedly interferes with the natural swale of the pond. I am requesting that the City of Chanhassen grant us additional time (Spring, 2006) to research our options; review with legal counsel the requests that you put forth; have time to apply for variances (if necessary); and if necessary, prepare and budget for the significant changes you have requested in our property. You have requested that the garden area be removed to return the "emergency overflow swale to its original state". I wish to reiterate that we have made NO CHANGES to the original grade of this swale. The garden has been in existence since 2001 with no adverse effect on drainage throughout our property. Secondly, you are requesting that we put in place the "wetland monuments". These monuments did not exist when we purchased this property in 2000, nor were we informed of such monuments by Lundgren Bros (the seller) or the City of Chanhassen which granted us certificate of occupancy without these monuments in place. These changes have initial estimates in excess of $15,000! The financial hardship you proposed is rather staggering and I hope the city understands I am still very uncertain as to the implications of what's being requested and therefore need time to do my homework and to seek advice from those who are better versed in these matters. With these considerations I think it best if we cancel our meeting which was scheduled for Friday, November 18. It is our hope that we can reach a mutually acceptable agreement. and FOR: LUNDGREN BROS. �� SCHOELL & MADSON, INC. - oxrxEoa , sumF.aa • nwaos _ sat n G . EmmoNuoroi s:m�cEs 10580 wAY TA e7ffio. SNIE 1 IMNNUMM MN 6 5 - (6151 N6 -]WI rN516-9066 148S i 6-44f C Y/S/N1 110.26 I 'I 1 , G7 ry �,w1/6� ip — 47As I N EMERGENCY PIERfLOW SWP1E _4_.�1 . / /� / / l d�8 44 Sg '4 ��Gh�_I� W as,; DESCRIPTION: - Lot 6, Block 3, THE MEADOWS AT LONGACRES 4TH-ADD(NON, BENCHMARK: Top of Iranmonumentas shown Elevation = 992.48 (NGVD-1929 Datum) ~� �EROSIO" � AANDPR IF51�iLIN6 SHOWN ON THE R JW L LpT. IS CER1T%CATE OF sup PADVEY � WIWTER EXCAVATt EtA ED; DURING Y BAt HOLLY YEG STAHA ONSIPOCT, of T NCIH BE USED IN L Eu GENERAL NOTES: 1. • — Denotes Iron monument 2. x890.0 — Denotes existing spot -elevation: - 3. x(890.0) — Denotes -proposed spot elevation. 4.- � — Denotes direction of surface drainage 5. Proposed ,garage Floor -= 994.0 (DROP GARAGE 1 COURSE) 6. Proposed top of foundation= 995.0 7.- Proposed basement Floor — 987.0: 8. Denotes wetland buffer monument. CRY OF CHANHASSEN 1 hereby 'cefiF.y. that this survey was - FlffCW09 prepared sunder my supervision and that MAR 2 7 2000 I am a Licerlsed Land Surveyorunder .the laws of the ooff Minnesota. ENGINEERING DEPT. /{A]State Bruce W. Skipton - TM� Date: 3-9-00 License No. 17768 rrpaa 40 0 40 80 120 Feet .FOR: LUNDGREN BROS. SGHOELL& MADSON, INC. sscwma . swwciara . rvtasls � irsrnc . anwaaEnai ssmxrs —— rosso rnnrzsu eauvw+n sun � EMERGENCY Duos (101-52) -L DESCRIPTION: Lot 6, Block 3, THE MEADOWS, AT LONGACRES . 4TH ADDITION, _ BENCHMARK: - Top.of -iron monument as shown Elevation = 992.48 (NGVD-1929 Datum) GENERAL NOTES: 1. • - Denotes Iron monument. 2. x890.0 - Denotes existing spot elevation. 3. x(890.0) - Denotesproposed spot elevation. 4.-, - Denotes direction of surface drainage. 5. - Proposed garage floor = 994.0 (DROP GARAGE 1 -COURSE) 6. Proposed top of foundation = 99.5.0 7. Proposed basement floor = 987.0: 8. - Denotes wetland buffer monument. -' - CRY OF CHANHAssEH I hereby' cert6 that this survey was 0lCBY® - prepared lander my supervision and that I am a Licensed. Land Surveyor under the - MAR 2 7 2000 laws of the State of Minnesota. ENGINEERING DEPL ::�• Q//y�•'/.l „`_ - Bruce W. Skipton a Date: 3-9-00 - ' License No. 17768 = = rf sr_,y(jaa 40 - 0 40 80 120 Feet 2 - 6� gg BOUNDARY, LOCATION, iE 4 = B TOPOGRAPHICAL SURVEY '0i—.1% . w•, f m e� a�_ xrge ;_v.neoron _% SATHRE-BERGOUIST, INC. i H TOM SCHWARTZ �nevrmao.oY,..�*�'Kg' �•>i+m z � we N cxr+ RVEY FOR: LUNDGREN _ BROS. I SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES 10580 WAYZATA BOULEVARD, SURE I MINNETONKA. MN 55305 (612) 546-7601 FAX:546-9065 EXISTING BUILDING L ---J VACANT NBY16'h8 E 9944) e \ N 110.26 1 \ � � 1 0 0 ell 00 A Go / ti5 V e� a ib �o . 47.89 r4b fit— '�- Ott a 10 EMERGENCY OVERFLOW SHALE/ 4�— L q) T � QEP S / IL (964.6) ci U. da0b, c�4 00 <�S2 \� 4 7 250 22 / S8 0O SII (y 9j�sV^e OS O 9 �9 Bf� ¢Q. 2 •� 0 e CURB DESCRIPTION: Lot 6, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION. BENCHMARK: Top of iron monument as shown Elevation = 992.48 (NGVD-1929 Datum) CITY OF CHANHASSEN tetra -C LIVED ROAR 2 7 2000 ENGINEERING DEPT. 1 569/28 (101-52) CURB DRAINTILE �EROSrOk CONTROL SI{OVJfiI 4 HE PLA, INS -f Uq TALL 7YPt uRVEN` Pf.. s 1, LOT 15 F6NCth1:a A 0f S UN Cf.0" V"1CF`T"ld 00 "AFE2dTs:cidilt41V' { (C." �; aTIO• TT.J; DU1'.I^IG TlN1, STAKED }9"� 6AL@� twtAY. FL1Lf +G OFfENCIMG CON3iRJ �G U, ED ill LIEU611 GENERAL NOTES: 1. • - Denotes iron monument. 2. x890.0 - Denotes existing spot elevation. 3. x(890.0) - Denotes proposed spot elevation. 4.`� - Denotes direction of surface drainage. 5. Proposed garage floor = 994.0 (DROP GARAGE 1 COURSE) 6. Proposed top of foundation = 995.0 7. Proposed basement floor = 987.0 8. Q - Denotes wetland buffer monument. I hereby certify that this survey was prepared under my supervision and that I am a Licensed Land Surveyor under the laws of the State of Minnesota.e Y • Bruce W. Skipton This drawing has ee heclmd and Date: 3-9-00 License No. 17768 reviewed this day of 144-R[3H +g�DD 40 0 40 80 120 Feet SIN e �3Y: Df-.-t. tb pD f-. i CURB DRAINTILE �EROSrOk CONTROL SI{OVJfiI 4 HE PLA, INS -f Uq TALL 7YPt uRVEN` Pf.. s 1, LOT 15 F6NCth1:a A 0f S UN Cf.0" V"1CF`T"ld 00 "AFE2dTs:cidilt41V' { (C." �; aTIO• TT.J; DU1'.I^IG TlN1, STAKED }9"� 6AL@� twtAY. FL1Lf +G OFfENCIMG CON3iRJ �G U, ED ill LIEU611 GENERAL NOTES: 1. • - Denotes iron monument. 2. x890.0 - Denotes existing spot elevation. 3. x(890.0) - Denotes proposed spot elevation. 4.`� - Denotes direction of surface drainage. 5. Proposed garage floor = 994.0 (DROP GARAGE 1 COURSE) 6. Proposed top of foundation = 995.0 7. Proposed basement floor = 987.0 8. Q - Denotes wetland buffer monument. I hereby certify that this survey was prepared under my supervision and that I am a Licensed Land Surveyor under the laws of the State of Minnesota.e Y • Bruce W. Skipton This drawing has ee heclmd and Date: 3-9-00 License No. 17768 reviewed this day of 144-R[3H +g�DD 40 0 40 80 120 Feet Location Map Schwartz Variance Planning Case No. 06-22 7376 Bent Bow Trail City of Chanhassen Subject Property 6CAMIED DENOTES EXISTING PLANTING AREA DENOTES EXISTING EASEMENT AREA LEGEND BHH DENOTES BASKETBALL HOOP BEE DENOTES BUILDING ENTRANCE ELEVATION GFE DENOTES GARAGE FLOOR ELEVATION CB DENOTES CATCH BASIN SMH DENOTES SANITARY MANHOLE EM DENOTES ELECTRIC METER GM DENOTES GAS METER TB DENOTES TELEPHONE BOX TVB DENOTES TELEVSION CABLE BOX HYD DENOTES HYDRANT CTLB DENOTES SPRINKLER CONTROL BOX DENOTES EXISTING CONTOURS AC DENOTES AIR CONDITIONER DENOTES A 1/2 INCH BY 14 INCH IRON PIPE SET IN THE O GROUND AND MARKED BY LICENSE NO. 40344 • DENOTES A FOUND IRON MONUMENT LEGAL DESCRIPTION Lot 6, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, Carver County, Minnesota, according to the recorded plat thereof NOTES 1.) This survey does purport to show all underground utilities. The existing utilities shown are shown in an approximate way only. The contractor shall determine the exact location of any and all existing utilities before commencing work. The contractor shall be fully responsible for any and all damages arising out of his failure to exactly locate and protect all existing utility facilities. 2.) Contact GOPHER STATE ONE CALL at 651-454-0002 for precise onsite location of utilities prior to any excavation. 3.) A title opinion was not famished to the surveyor and no specific title search for existence or non-existence of recorded or un -recorded easements has been conducted by the surveyor as part of the survey. 4.) The subject property appears to lie within Zone C, per the National Flood Insurance Program, Flood Insurance Rate Map Community Panel No. 270051 0005 B, dated July 2, 1979 as acquired from the Federal Emergency Management Agency Web Site. 5.) Area: Total Lot Area = 40,652 Sq. Ft. - 0.93 Acres Wetland Area = 5,950 Sq. Ft. Net Lot Area = 34,702 Sq. Ft. - .80 Acres 6.) Zoning and setback information as provided by the City of Chanhassen: PUD - R Front Setback = 30 Ft. Side Yard Setback = 20 Ft. Wetland Buffer= 10 Ft. Wetland Setback = 40 Ft. 7.) Survey coordinate and bearing basis is assummed. 8.) Benchmarks: Top Nut of Hydrant at 7348 Bent Bow Trail = 1,001.56 Ft. Proposed Garage Floor from Certificate of Survey dated March 9th, 2000 = 994.00 Ft. 9.) Minnesota State Statute 38313.603 Subd.2 (Hennepin County Highways) states: Maps or plats filed for record under this section shall not operate of themselves or transfer title to the property described but such maps shall be for descriptive purposes. 10.) Any modification to this survey or sketch performed by any person other than the surveyor signing this certification or persons under his direct supervision shall nullify the validity of this survey. Only an original survey with an original wet signature shall constitute valid certification. I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 18th day of April, 2006. SATHRE-BERGQUIST, INC. 1 rpiYia a-.-v�� David B. Pemberton Licensed Land Surveyor, Minn. Lie. No. 40344 994.7 1 20 10 0 10 20 40 W 11o.26 x 9q..3 i i\ 994.9 1 \ S8 3016, �„ 982 SCALE IN FEET 7 I i I I \ 11 Nm 50 X 9827 I I I % 1, I �� 993.8 � i EDGE of WATER �) LOCATED 04/17/06 41 1 i I o TO �•5 I � "x 013.1 Y ltrI�\ 993.3 O WETLAND 3 gaze * i m C-' \ (J` I \ 993.4 \ of RLS 7009 (Natural) ,� � �y ... � I ( � N � NWL 9 983.0 J�\� 983.o� IOVa HWL - 983.72 / / x � i:. 'L"0 O \ t7 991.9 . % m 50:�1:.. a's I / NORTH G1�9824 / 98601 / y $ \� / C� \ P 9828 / x s88'4 '988.5 IIGE OFLANN� \ 27 Nm � I LOX / 983.0 986.8 /./A EAn ,p 9$1.7 •�� .ac�2. r. ::... _..r_. 990.1 P LP \ M"�{8/' 9929 _ _ x i - 0 ARE 9� 991 4 983. 987.0 . ' \:: \� gp :......:::::::'.:'::::. ng w 6\ / 'P� ®SMH \ / _X984- - J \ OeC/r'Y� Ply ::: ..:::::::.:.... r �tih � 9 993.5 91.8 •% - x-` - - - (0 � ' ... 986.8 .: -\. 'S 1 p . ST .... - BBH 991.3 �984.9�"_.. lh P::..1:::..h. P� o�c ( �:':::............ MPLANTING. AREA .: -:j.:-: - M-1- A85:]:ii:+.::'..'.....:::::i::�i::9.:i:i::i::: 990.8 WOOD x964.8 ai 0 5. t ` .7 S\ 987.0tp x 954.7 -k-' ..................... - \ CJ g54 / 5 .....'....... . :........ .d:':::.::. 3 \ }' 4 -:.":� 1.p mss, 99.9 3.8 �O . .. _. 98+.2 \ •8 I `�[j .� .2 g��\ V- , d�, �� =1• \ \� 990.7 \ J \ / + EDGE OF } "a[ gBf `6 - mi9� F Ag - - ... - 9940 989.8 \ 986.0 9 1 PLANTING }'7.ya Hyp \ 'J .� l� f� - . +goo I &fir gRs? \ -em Fyy9W2> TB \ } d S' BEE ..1:::::: 4AJr I \ XE7L4AfV /I �11l L ` 12Jj �\ .. '�(46 4�:.:: 989.8 0 Ar -tNJr r e gg?�?S}4�0 + I \ Does 1I�`l,,? KEYSTONE RI(T WING g6�1 > \ 'VV / + Pp�GWALLS 13 }7 // Q O }C K +�''' '\9a�+�?2 \ \/ 0�0 \ AJr Oro C Ar gBpS C 985.0+ I }fig?'/ A-9, 3 I kg�1 �. g� 0 }g \mp\ a?az }gej8 y \ -a _ I /I \�aG• 0?,+4gS8+Be-\ ' X984. 90.O k), `200 RC&R3g8O3; s } 9650 4Q 9 79.1 C9so.s197 'l4sf"® 982s 977.9 ce i / / �y s L `, ' 1. V� , �O \ \ 979.1 // ; •S2 \ 7 l.. / 's 60 77.1\ lr 4 ' X977.7 lb>' 4 \ r 141 ` Y 77.0 L 4 T \ \ \\ 99785.8 \ / x9 3 \ 1 ) /� 7 \ --976-- 1 \ 41, \ �1 8 �gfHYo \ /WL BB\a. 976.1 \ / �.. 47 1 �1 \ I 975.8 L 1\ I� r. \ ( \ CITY OF CHANHASSEN \ RECEIVED < 1 \ }g;io `' \ \ \ 04Y 1 7 2006 }g'?r \ \ \ CHANHASSEN PLANNING DEPT \ +g>BB \ \ \ \ \ \ SCANNED FRE�VISIONS Added Wetland Info RSM 04-26-06 U� O O zCO W w N VJ rn ch 0 Z V Q F- } I..L MW W Q 1 2 NW O >Q I- _ p U) ^ v/ J O r yORS Sys o 4{ d 3co N3 DE 00, r` J M l(i H O� 00 W ZC/)W m Q= (0 Z CO _ U ✓MYYIY TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 OF 1 W OW F- U'~ I..L 0 U- >Q J _ p �a rW 'U'^^ vJ W O Z� I CO O 06 r` J M l(i H O� 00 W ZC/)W m Q= (0 Z CO _ U ✓MYYIY TJH CHECKED DBP DATE 04/19/06 SCALE AS SHOWN JOB NO. 79715-001 SCHWARTZ FILE: BNDY 79715-001 041806.DWG BOOK: 151 PAGE: 22 SHEET 1 OF 1 ..� a ov aa.a i... ..v a'aan vac YaG �JJ� a.AIDCriGI.l. IaJ 010 (RcsCRvRD FOR RECORDING DATA) CONSERVATION EASEMENT (For TheMgdows at Longacres 4th Addition) INSTRUMENT made this day of , 1998, by and between LUNDGREN BROS. CONSTRUCTION, INC., a Minnesota corporation (herein referred to as "Grantor"), and the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereafter referred to as "City")- WITNESSETH: City")_ WITNESSETH: The Grantor, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, grants unto the City a permanent conservation easement for the purposes set forth in this Instrument, over, under, and across the premises described in the attached Exhibit A ("Subject Property"). 1. Grantor, for itself, its successors and assigns, agrees that the following are prohibited in perpetuity on the Subject Property, except to the extent Grantor or the City must engage in these activities in order to complete site grading and construction of trail, sanitary sewer, ,watermain, storm sewer, drainage improvements, and streets improvements, in conformance with plans approved by the City, pursuant to that certain Development Contract and Planned Unit Development Agreement by and between the City and Grantor, dated recorded in the offices of the Carver County Recorder and Registrar of Titles as Document Nos, and respectively: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clotheslines poles, and playground equipment. issosss.01 vJ oV 111 1J. VV 1'Ap V14 404 DaQU �Anrb LL B. Cutting, removing, or altering trees or other vegetation, except for noxious weed control by or directed by a governmental agency. C. Excavation or filling, D. Application of fertilizers, whether natural or chemical. E- Application of chemicals for the destruction or retardation of vegetation. F. The deposit of waste, yard waste, or debris. G. The application of herbicides, pesticides and insecticides, except for noxious weed control by or as directed by a governmental agency, H. Outside storage of any kind. I. Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife, 2. Grantor, for itself, its successors and assigns, further grants the City the affirmative right, but not the obligation to do the following on the Subject Property: A. Enter upon the Subject Property at any time to enforce compliance with the terms of this instrument. GRANTOR: LUNDGREN BROS. CONSTRUCTION, INC. By ; ,.. Its CITY OF CHANHASSEN M Nancy K. Mancino, Mayor And Don Ashworth, City Manager 1 dWW5.01 2 uoi l.ai ao rni io:ur ra 01Z 40Z 5oou CAMPBELLla 012 STATE OF MINNESOTA ) )SS. - COUNTY SS.•COUNTY OF HENNEPIN ) Th4regoggi nt was1998, b _Inc., a Mita con, on behalf of the STATE OF MINNESOTA COUNTY OF CARVER ) SS.• me this ZZ�Lday of<� /6f)Lundgren Bros. onstruction, Notary Public "PRI U TRANTI`•i;' .A The foregoing instrument was acknowledged before me this day of 1998, by Nancy K. Mancino and by Don Ashworth, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council, Notary Public THIS INSTRUMENT WAS DRAFTED BY: LEONARD, STREET AND DEINARD (JCK) 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 (612)335-1500 iasases.oi 3 uai lai ao rxi iJ:ui rem aiL 45L 555u CAMPBELL ra 013 DtSCRIPTION FOR: L 1DGREN BROS. CONSTRUCTIO, iNC. 60120-280 SCHOELL & MADSON, INC. Engineers + Sumeyors • planners EXHIBIT A _ _ sail Testing + Environmental Services 10580 Wayzata Blvd, Minnetonka, MN 55305 6121545-7601 Fax: 612546-9065 CONSERVATION EASEMENTS For Land Located in carver county, Minnesota That part of Lot 2, Block 2, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, which lies easterly of a line drawn from a point on the northerly line of said Lot 2 distant 43.19 feet westerly from the northeast corner of said Lot 2 to a point on the southeasterly line of said Lot 2, distant 50.69 feet southwesterly from the southeast corner of said Lot 2: 2. That part of Lot 3, Block 2, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, described as follows: Beginning at the northeast corner of said Lot 3; thence on an assumed bearing of South 61 degrees 03 minutes 25 seconds West along the northwesterly line of said Lot 3, a distance of 50.69 feet; thence South 0 degrees 55 minutes 34 seconds East a distance of 157.56 feet; thence South 23 degrees 01 minute 55 seconds East a distance of 52.25 feet to the southerly line of said Lot 3; thence southeasterly along said southerly line to the southeast corner of said Lot 3; thence northerly along the east line of said Lot 3 to the point of beginning. 3. That part of Lot 4, Block 2, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, which lies northeasterly of a line drawn from a point on the northerly line of said Lot 4 distant 38.61 feet northwesterly from the northeasterly corner of said Lot 4 to the southeast corner of said Lot 4. 4. That part of Lot 4, Block 4, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof described as follows: Beginning at the Northeast corner of said Lot 4; thence &n an assumed bearing of South 88 degrees 15 minutes 00 seconds West along the northerly line of said Lot 4, a distance of 13.62 feet; thence South 10 degrees 06 minutes 49 seconds West a distance of 40.10 feet; thence South 2 degrees 35 minutes 41 seconds West a distance of 50.90 feet to the southerly line of said Lot 4; thence easterly along said southerly line to the southeast corner of said Lot 4; thence northerly along the east line of said Lot 4 to the point of beginning. That part of Lot 5, Block 4, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, which lies easterly of a line drawn from a Point on the north line of said Lot 5 distant 29.60 feet westerly from the northeast 6/4/98 Sheet 1 of 4 Sheets u6itt1ia6 rx1 13:L2 YAA 612 452 5550 CAMPBELL DIESCRIPTION FOR: L JDGREN BROS, CONSTRUCTIOi O Z014 6012`0_280 SCHORL & MADSON, INC. Engineers t Surveyors ♦ planners Soil Testing - Environmental Services —" 10560 Wayzata Blvd. Minnetonka, MN 55305 612/546.7601 Fa:: 612-54&5065 corner of said Lot 5 to a point on the south line of said Lot 5 distant 55.48 feet westerly from the southeast comer of said Lot 5 That part of Lot 6, Block 4, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, which lies easterly of a line drawn from a point on the north line of said Lot 6 distant 55.48 feet westerly from the northeast corner of said Lot 6 to a point on the south line of said Lot 6 distant 85.87 feet westerly from the southeast corner of said Lot 6. 7. That part of Lot 7, Block 4, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, described as follows: Beginning at the northeast corner of said Lot 7; thence on an assumed bearing of South 85 degrees 29 minutes 42 seconds West along the northerly line of said Lot 7, a distance of 85.87 feet; thence South 30 degrees 12 minutes 54 seconds West a distance of 23.59 feet; thence South 0 degrees 23 minutes 48 seconds West a distance of 51.94 feet to the southeasterly line of said Lot 7; thence northeasterly along said southeasterly line to the most easterly corner of said Lot 7; thence northerly along the east line of said Lot 7 to the point of beginning. That part of Lot 8, Block 4, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, described as follows: Beginning at the northeast corner of said Lot 8; thence on an assumed bearing of South 60 degrees 29 minutes 54 seconds West along the northwesterly line of said Lot 8, a distance of 122.54 feet; thence South 19 degrees 12 minutes 15 seconds East a distance of 75.01 feet; thence South 45 degrees 00 minutes 11 seconds East a distance of 16.81 feet to the southeasterly line of said Lot 8; thence northeasterly along said southeasterly line to the southeast corner of said Lot 8; thence northerly along the east line of said Lot 8 to the point of beginning. 9. That part of Lot 9, Block 4, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, described as follows: 6/4/98 Rhc+at 9 of d Chapts voi lni ao ru 1v: cc rnn o1c 4bz 555u CAMPBELL �J 015 [7r-SCRIPTION FOR: L IDGREN BROS. CONSTRUCTIO 0. 60120.280_ SCHOELL 8 MADSON, INC. Engineers + Surveyors a planners Sail Testing + Environmental Services 10580 Wayzata Blvd, Minnetonka, MN 55305 612/546-7601 Fax: 612.546-9065 Beginning at the northeast corner of said Lot 9; thence on an assumed bearing of South 60 degrees 29 minutes 54 seconds West along the4 northwesterly line of said Lot 9, a distance of 116.88 feet; thence South 45 degrees 00 minutes 11 seconds East a distance of 80.26 feet; thence South 29 degrees 09 minutes 13 seconds East a distance of 12.66 feet to the southeasterly line of said Lot 9: thence northeasterly along said southeasterly line to the southeast corner of said Lot 9; thence northerly along the east line of said Lot 9 to the point of beginning. 10. That part of Lot 10, Block 4, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, which lies northeasterly of a line drawn from a point on the northwesterly line of said Lot 10 distant 68.19 feet southwesterly from the most northerly corner of said Lot 10 to a point on the southeasterly line of said Lot 10 distant 24.14 feet southwesterly from the southeasterly corner of said Lot 10. 11. That part of Lot 1, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, described as follows: Beginning at the southwest corner of said Lot 1; thence on an assumed bearing of North 38 degrees 19 minutes 00 seconds East along the northwesterly line of said Lot 1 a distance of 72.11 feet: thence South 27 degrees 08 minutes 11 seconds East a distance of 16.00 feet; thence South 14 degrees 30 minutes 57 seconds East a distance of 43.85 feet to the south line of said Lot 1; thence westerly along said southerly line to the point of beginning. 12. That part of Lot 2, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, which lies westerly of aline drawn from a point on the northerly line of said Lot 2 distant 63.00 feet easterly from the northwest corner of said Lot 2 to a point on the southerly line of said Lot 2 distant 75.00 feet easterly from the southwest corner of said Lot 2. 13. That part of Lot 3, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, which lies westerly of a line drawn from a point on the northerly line of said Lot 3 distant 75.00 feet easterly from the northwest corner of said Lot 3 to a point on the southerly line of said Lot 3 distant 107.68 feet easterly from the southwest corner of said Lot 3. 14. That part of Lot 4, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, described as follows: 6/4/98 1heet 3 of 4 Sheets btsCRIPTION FOR: 'L �nmrac,.t. IDGREN BROS CONSTRUCTIO :NC. 60120-2gp [a 016 SCHOELL & MADSON, INC. Engineers • Surveyors ♦ planners _ Sail Testing + Environmental Services 10580 Wayzata Blvd. Minnetonka, MN 55305 6121546.7601 Fax: 612.546 -?065 Beginning at the northwest corner of said Lot 4; thence on an assumed bearing of North 87 degrees 56 minutes 24 seconds East along the north line of Lot 4 a distance of 107.68 feet; thence South 8 degrees 13 minutes 56 seconds West a distance of 12.88 feet; thence South 23 degrees 07 minutes 52 seconds West a distance of 52.64 feet; thence South 36 degrees 46 minutes 39 seconds West a distance of 37.89 feet to the south line of said Lot 4; thence westerly along south said line to the southwest corner of said Lot 4; thence northerly along the westerly line of said Lot 4 to the point of beginning. 15. That part of Lot 5, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof, which lies southerly and westerly of the following described line: Commencing at the northwest corner of said Lot 5; thence on an assumed bearing of South 13 degrees 42 minutes 29 seconds East along a westerly line of said Lot 5 a distance of 91.66 feet to the point of beginning of the line to be described; thence North 82 degrees 54 minutes 53 seconds East a distance of 28.89 feet; thence South 13 degrees 42 minutes 29 seconds East a distance of 35.87 feet; thence South 67 degrees 58 minutes 25 seconds East a distance of 26.46 feet; thence South 79 degrees 58 minutes 11 seconds East a distance of 49.36 feet; thence South 88 degrees 25 minutes 37 seconds East a distance of 36.72 feet to the easterly line of said Lot 5 and said line there terminating. 16. That part of Lot 6, Block 3, THE MEADOWS AT LONGACRES 4TH ADDITION, according to the recorded plat thereof which lies northerly and northwesterly of the following described line: Commencing at the most westerly comer of said Lot 6; thence on an assumed bearing of North 16 degrees 18 minutes 14 seconds East along the westerly line of said Lot 6 a distance of 105.48 feet to the point of beginning of the line to be described; thence South 89 degrees 06 minutes 01 second East a distance of 47.89 feet; thence North 52 degrees 55 minutes 12 seconds East a distance of 137.38 feet to the easterly line of said Lot 6 and said line there terminating. Date: June 4. 1998 Theodore D. Kemna Land Surveyor MN Lic_ No. 17006 6/4/98 ShP_Pt 4 of 4 ShPPtC CONSERVATION EASEMENT INSTRUMENT made this day of 2001, by and between hereinafter referred to as "Grantor(s)", and the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"). WITNESSETH: The Grantor(s), in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, grant unto the City a permanent conservation easement for the purposes set forth in this instrument, over, under, and across the premises described in the attached Exhibit A ("subject property"). Grantor(s) for , heirs, successors, and assigns, agree that the following are prohibited in perpetuity on the subject property: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment. B. Cutting, removing, or altering trees or other vegetation, except for noxious weed control by or as directed by a governmental agency. C. Excavation or filling. D. Application of fertilizers, whether natural or chemical. E. Application of chemicals for the destruction or retardation of vegetation. F. The deposit of waste, yard waste, or debris. G. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. H. Outside storage of any kind. I. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 2. Grantor(s) for heirs, successors, and assigns, agree that the following are prohibited in perpetuity on the subject property: (SEAL) A. Preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and removing trees of other vegetation, by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the subject property at any time to enforce compliance with the terms of this instrument. GRANTOR(S) CITY OF CHANHASSEN M Thomas A. Furlong, Mayor Todd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_ by NOTARY PUBLIC STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of , 20_, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC It •400 Campbell, Knutson, Scott & Fuchs, P.A. 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 (612)452-5000 1=1:J e V x . IT .:4. J - '� -� -'ria• � ♦ i i• - A' 4 ' Jrt. . j n 11.111 yii, '. µ.. I��III�IIIII!!"" , t `l. M m t" Xj OFt r a 1 r 'S }• w '� .�iY�+esf.iwi' , 4ti c I��III�IIIII!!"" 'R ` 1 II � J f I I s t , FOR: LUNDGREN BROS. EX5TIN0 L BUILDING I —J I SCHOELL & MADSON, INC. ENGINEERS + SURVEYORS + PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES 10580 WAYZATA BOULEVARD, SUITE 1 Aw MINNETONKA. MN 55305 (612) 546-7601 FAX:546-9065 VACANT NB3' 16 i 1 1 9W rn $ A-, i N / / ?0 N89 -06-01"W 47.89� OeM. SSV �N- 'Q"' � `Q o EMERGENCY OVERFLOW SWALE/ o`ti6T � QER (ses. N. 4,p8,44 Op NIJI 1 ao /—' ��FMl �VnLiry ss'e, 'vSs 7OS CURB DESCRIPTION: Lot 6, Block 3, THE MEADOWS_ AT LONGACRES 4TH ADDITION. BENCHMARK: Top of iron monument as shown Elevation = 992.48 (NGVD-1929 Datum) ThIs drawing hae l�eer� Fhecked and reviewed Lhls & day of '1Y)A2ealy .04 am iiDD CITY or CHANHASSEN RIECEOVE D RIAR 2 7 2000 ENGINEERING DEPT. —0 IV 56 (101-52) CURB DRAINTILE EROSIOfI CO'"SItaD'C,� IN TI I.1wTYPE.�14 o,4 f14E PLATA n9C41�"0 a"t5 ,o VEY PIy1C3CT.; 1L L01 IS Cy ,11'.g1C,ItiTER At D62. 14-t 64 0 jCR NLA° IPlcs bV1PA +wf.r,a:a11t3?AtGi1; DOR �AAY.., I,Lr MA`(. !t Lt t V'e�' IOVA 5'fAKE i�G CQPI5YRDC Of of FEN GENERAL NOTES: 1. • — Denotes iron monument. 2. x890.0 — Denotes existing spot elevation. 3. x(890.0) — Denotes proposed spot elevation. 4.r-- — Denotes direction of surface drainage. 5. Proposed garage floor = 994.0 (DROP GARAGE 1 COURSE) 6. Proposed top of foundation = 995.0 7. Proposed basement floor = 987.0 8. ❑. Denotes wetland buffer monument. I hereby certify that this survey was prepared '.under my supervision and that I am a Licensed Land Surveyor under the laws of the State o�fMinn Bruce W. Skipton Date: 3-9-00 40 0 40 80 120 Feet License No. 17768 CITY OF CHANHASSEN STAFF REPORT PC DATE: June 20, 2006 CC DATE: July 10, 2006 REVIEW DEADLINE: July 30, 2006 CASE #: 06-22 BY: DA PROPOSAL: After -the -fact Variance request for a Gazebo and Patio structure within the wetland buffer setback. LOCATION: 7376 Bent Bow Trail Lot 6, Block 3, The Meadows at Longacres 40' addition APPLICANT: Thomas and Paula Schwartz 7376 Bent Bow Trail Chanhassen, MN 55317 PRESENT ZONING: PUD -R 2020 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: .93 acres DENSITY: NA SUMMARY OF REQUEST: Request for relief from 40 -foot wetland buffer setback to allow after -the -fact placement of gazebo and patio structure in the wetland buffer setback on property zoned Planned Unit Development -Residential (PUD -R). Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. ar, n Schwartz Variance Planning Case #06-22 June 20, 2006 Page 2 SUMMARY OF PROPOSAL The applicant is requesting relief from the 40 -foot wetland buffer setback requirement for an existing gazebo and patio/fire pit structure within the wetland buffer setback. The gazebo and patio/fire pit have already been constructed without obtaining permits APPLICABLE REGUATIONS Sec. 20-406. Wetland Buffer Strips and Setbacks. Buffer and setback requirements for lots on record between December 15, 1992 and May 24, 2004: • Principal and accessory structure setback of 40 feet from edge of buffer. • Buffer Strip minimum average width for Natural Wetland is 20 feet. • Minimum buffer strip is 10 feet. BACKGROUND The subject property was platted as part of The Meadows at Longacres 4' Addition in 1998. The Schwartz home was built in 2000 on Lot 3, Block 6. The delineated wetland is identified on The Meadows of Longacres 0 Addition plat map and the wetland buffers determined around the entire basin were monumented as indicated on the March 10, 2000 and May 17, 2006 survey (see attachments 4 & 5). According to the applicant, the wetland buffer signage was never installed at the monumented locations as required with the Longacres development. The wetland buffer setback is measured 40 feet from the monumented wetland buffer. During the storm events of September and October 2005, concern over structures within the emergency overflow easement on the applicant's property initiated a staff investigation into the structures at 7376 Bent Bow Trail. Upon further inspection a non - permitted gazebo and patio/fire pit within the wetland buffer setback were identified near the wetland at 7376 Bent Bow Trail. Both structures, as they currently exist, encroach into the 40 -foot wetland buffer setback, wetland buffer, drainage and utility easement and conservation easement area. The wetland at 7376 Bent Bow trail is identified as a natural wetland area within the 1994 Surface Water Management Plan. Gazebo and Patio Structure at 7376 Bent Bow Trail Schwartz Variance Planning Case #06-22 June 20, 2006 Page 3 The wetland is a.6 acre Type 3, deep marsh wetland. This wetland is considered a jurisdictional wetland protected by the Wetland Conservation Act and City Code. The southwestern portion of the Schwartz property lies on a drainage and utility easement for the purpose of serving as an emergency overflow for the wetland to the north. The applicant is currently working with an engineer and the City Engineer to ensure the emergency overflow issue is adequately resolved (removal of garden beds) separate from this variance process. ANALYSIS The Meadows at Longacres 4" Addition was platted in 1998 with a drainage and utility easement over the northern portion of the lot including the wetland area. The wetland is classified as a natural wetland basin in the 1994 Surface Water Management Plan. Wetland buffer requirements at the time of platting were a 20 -foot average buffer around the wetland basin with a minimum buffer distance of 10 feet in addition to the 40 -foot wetland buffer setback. The applicant's wetland buffer varies from 25 feet near the gazebo to 50 feet in width closest to Bent Bow Trail. See buffer comparison table below for buffers that exist around the entire wetland basin. The wetland buffers for the wetland were monumented on the applicant's property and are identified on the 2000 and 2006 surveys. The 40 -foot wetland buffer setback is located 40 feet from the wetland buffer monuments. The City became aware of the nonconforming structures during inspection of the emergency overflow on the applicant's property during the storm events of September and October 2005. Upon investigation of the emergency overflow easement, staff became aware of the nonconforming gazebo and patio/fire pit structure which encroach into the wetland buffer, wetland buffer setback, conservation easement and drainage and utility easements. Staff also realized that the wetland buffer signs indicated on the 2000 survey were not in place. The applicant is requesting an after -the -fact variance from the 40 -foot wetland buffer setback on his property to bring a nonconforming, non -permitted, 175 -square foot gazebo and a 230 -square foot patio/fire pit structure into compliance with city ordinance. Currently both structures are located within the wetland buffer requiring a variance of 52 feet from the 40 -foot wetland setback for the patio/fire pit and a variance of 45 feet from the 40 -foot wetland buffer setback for the gazebo. The subject property has buildable area outside of the wetland buffer setback available for the structures. Staff has indicated on a copy of the 2000 survey areas where structures could be Buffer Comparison Table for Natural Wetland adjacent to 7376 Bent Bow Trail Block Minimum Width of Buffer Max Width of Buffer Location from Applicant 6 25 50 licant r37 1 10 10 Across Wetland 1 10 10 Adjacent to Southwest 3 35 55 Adjacent to North 5 10 25 Across Wetland The wetland buffers for the wetland were monumented on the applicant's property and are identified on the 2000 and 2006 surveys. The 40 -foot wetland buffer setback is located 40 feet from the wetland buffer monuments. The City became aware of the nonconforming structures during inspection of the emergency overflow on the applicant's property during the storm events of September and October 2005. Upon investigation of the emergency overflow easement, staff became aware of the nonconforming gazebo and patio/fire pit structure which encroach into the wetland buffer, wetland buffer setback, conservation easement and drainage and utility easements. Staff also realized that the wetland buffer signs indicated on the 2000 survey were not in place. The applicant is requesting an after -the -fact variance from the 40 -foot wetland buffer setback on his property to bring a nonconforming, non -permitted, 175 -square foot gazebo and a 230 -square foot patio/fire pit structure into compliance with city ordinance. Currently both structures are located within the wetland buffer requiring a variance of 52 feet from the 40 -foot wetland setback for the patio/fire pit and a variance of 45 feet from the 40 -foot wetland buffer setback for the gazebo. The subject property has buildable area outside of the wetland buffer setback available for the structures. Staff has indicated on a copy of the 2000 survey areas where structures could be Schwartz Variance Planning Case #06-22 June 20, 2006 Page 4 relocated on property to bring structures into compliance (Attachment 8). The applicant has indicated that moving the structures would be too costly and would constitute a hardship. Should the Planning Commission choose to approve the variance request, the structures would also require encroachment agreements for the patio/fire pit and gazebo within the conservation easement and drainage and utility easements as part of the variance approval. The encroachment agreements should specify that no additional structures or expansion of existing structures shall be allowed in the easements. FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods preexisting standards exist. Variances that blend with these preexisting standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter would not cause undue hardship. The applicant has reasonable use of the property without the need for a variance. Suitable areas exist on the subject property to allow the applicant to comply with the required wetland buffer setback. Schwartz Variance Planning Case #06-22 June 20, 2006 Page S 2. That the conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions on which a petition for a variance is based are applicable, generally, to other property within the same zoning classification. 3. That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The improvements increase the value of the property. 4. That the alleged difficulty or hardship is not a self-created hardship. Finding: The alleged difficulty is a self-created hardship. The applicant did not obtain a building permit for the gazebo or a zoning permit for the patio/firepit. 5. 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. Finding: The granting of the variance will not be detrimental to public welfare or injurious to other land or improvements in the neighborhood. 6. 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 decrease visibility or site distances, or increases the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variance will not endanger public safety or diminish property value in the neighborhood. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies the 52 -foot variance for the 175 -square foot gazebo and the 45 -foot variance from the 230 -square foot patio/fire ring structures based on the findings of fact in the staff report and the following: 1. The applicant's hardship is self-created in nature. 2. The applicant has reasonable use of the property. 3. The conditions upon which a petition for a variance is based are applicable, generally, to other property within the same zoning classification. Schwartz Variance Planning Case #06-22 June 20, 2006 Page 6 In addition, the Planning Commission orders the applicant to remove the structures from within the wetland buffer setback and restore native vegetation to disturbed areas as required by City Code. If the structures are to remain on the property with conforming setbacks, building permits and zoning permits must be obtained. The applicant shall also install wetland buffer signs provided by the City at the monument locations" Should the Planning Commission choose to approve the request, staff recommends the Planning Commission adopt the following motion: "The Planning Commission approves the 52 -foot variance for the gazebo and 45 -foot variance for the patio structure to allow the 175 -square foot gazebo and 208 square foot patio to remain in place based on the findings of fact in the staff report with the following conditions: 1. An encroachment agreement shall be issued for structures within the drainage and utility easement and conservation easement. 2. No expansion or addition of the structures shall be allowed. 3. The applicant shall place wetland buffer signs provided by the City at monumented locations. 4. A building permit shall be obtained for the gazebo." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Development Review Letter dated May 15, 2006. 4. Affidavit of Mailing. 5. November 2, 2005 Letter to Thomas and Paula Schwartz. 6. November 15, 2005 Letter in response to November 2, 2005 letter. 7. 2000 Proposed Survey. 8. 2000 Proposed Survey with acceptable structure locations. 9. 2006 As -built Survey. gAplan\2006 planning casesW6-22 schwartz variance\schwartz staff mpon.doc v Planning Commission Meeting — June 20, 2006 1. The development shall comply with the site plan requirements approved as part of Planning Case #06-24. 2. No unlicensed or inoperable vehicles shall be stored on premises except in appropriately designed and screened storage areas. 3. The drop-off location for damaged vehicles will be limited to the parking stalls in the southwest corner of the lot behind the evergreens. 4. All repair, assembly, disassembly and maintenance of vehicles shall occur within closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. 5. No exterior public address system is permitted. 6. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all -terrain vehicles. 7. Disposal of vehicle fluids shall comply with Minnesota Pollution Control Agency regulations. 8. Facilities for the collection of waste oil must be provided." All voted in favor and the motion carried unanimously with a vote of 6 to 0. WITHIN 40 FOOT WETLAND BUFFER SETBACK ON PROPERTY LOCATED AT 7376 BENT BOW TRAIL, PLANNING CASE 06-22. Don Asleson presented the staff report on this item. Papke: What's the material of the decking around the fine pit area there? Is that gravel? Pavers? Asleson: This right here is actually, I believe it's a paver. The applicant could correct me if I'm wrong. Papke: Okay, so it's impervious. Okay. Asleson: They are under their impervious coverage. Papke: Right, but the actual incursion into the wetland setback is impervious. Asleson: Right. McDonald: Debbie. Kevin. 42 $CANNED Planning Commission Meeting — June 20, 2006 Dillon: I don't have any questions. McDonald: Mark? Dan? Keefe: Can you give us your view of how this condition created itself? I read something I think in the letters maybe attached that they talked about they weren't aware from the developer or what's your understanding of that? Asleson: From what I understand the applicant has said that he spoke with somebody at the City, however we weren't able to verify any sort of documentation that the conversation existed. Obviously if we would have had the zoning permit, I think the issue would have been avoided. So I guess a brief conversation with the building department, however we weren't able to verify any sort of conversation or documentation. McDonald: Is this something that would now have been caught by our zoning compliance? Asleson: Yes. The zoning compliance. McDonald: How entrenched is this into the property? I mean are we talking about footings being sunk for the gazebo or is this something that floats on a base? Asleson: That would be a question probably better answered by the applicant. The constriction of the actual gazebo and structure, the patio and fire structure were never in our discussion so I guess I would forward that to the applicant. McDonald: Okay, and then when you had talked about the 2000 I guess survey. Is it the yellow area that all of this could be moved to, which would be more or less directed behind the house instead of off to the side? Asleson: That's correct. That would be an acceptable area for the structures on that particular property. McDonald: Okay. Thank you. I have no further questions. If the applicant is here, if you would come forward. Thomas Schwartz: Good evening Chair McDonald, commissioners. My name is Thomas Schwartz. I live at 7376 Bent Bow Trail. To answer that one question, the gazebo itself is on standard footings. The fire pit is free standing. It stands at maximum height 18 inches off ground on one level. Ground level at the intersection... The intersection of the base of the gazebo and here so basically ground level here. What isn't shown as part of when we did this comprehensive landscaping plan, what isn't shown here is just to the east of the gazebo are additional landscaping and trees that currently stand about 10 to 12 feet in height. They're filling in very naturally creating a natural buffer from Bent Bow as far as the views to the gazebo. As far as that side of the property, we also have pine trees that are now growing and filling in that should create an additional buffer, visible buffer I should say for anything that we do as far as 43 V Planning Commission Meeting — June 20, 2006 landscaping. Originally when the gazebo was built and when I went to the property association initially with my request and received approval from them at that time the gazebo was built, it was under the understanding that there weren't any restrictions. The only thing that I was aware of at the time that the gazebo was built is a 10 foot buffer to the actual, or to the, or for the wetlands. Nothing else. Unfortunately in my investigation at the time was disclosed as far as any restrictions or any barriers, I went through all of our documentation that was given to us at the time of purchase of the property and in there nothing is disclosed relative to barriers that would prohibit me from placing the gardens where they've been placed, or the gazebo, etc. So we became aware of the fact that this was encroaching a wetland buffer setback when Mr. Asleson contacted me in November of last year after those rains. So we're asking for is in fact an after the fact, not knowing that I put them in a place they shouldn't be. I hope you can appreciate and seeing the picture, that these are natural set, within a relatively distance to the pond because that would be the best place. I mean if you're going to put something, you know on this property, you'd want it aesthetically pleasing and visible and it lends itself off of my deck directly to the gazebo, within in the landscaping plan that was created. McDonald: Okay, any questions of the applicant? Papke: Ah yes sir. At the time you constructed it, did you have a copy of this plat drawing? Thomas Schwartz: I did not. Papke: Okay. And you didn't attempt to get a plat of your lot? Thomas Schwartz: I used what I received from, at the time it was Lundgren development. What they gave me within the packet. That also disclosed all of the restrictions if you will within the development. What you could or couldn't do. Where you could or couldn't do them. They list specifically by lot, by block what is allowable. My property isn't mentioned within those documentation. With that, and with the understanding or when I bought the property that there was that 10 foot, no touch, no fuss, no muss. Don't go near the 10 foot and I got that real loud and clear. I stayed away from it. Everything else was developed, I mean the landscaping, the gardens, you know all of it was with the aid of local landscapers. Local contractors who I entrusted would follow up anything that I found out. I personally made a call after going through the building process for the deck, I called the same individual that I had on my list of approving the deck stages. Told him I was buying a gazebo kit. Putting it in a comprehensive landscaping plan. Were there any issues and unfortunately undocumented the answer was no. Larson: Did, when you closed on this property, did you get title insurance or title packet? What do you call those? Thomas Schwartz: Yes. Larson: Typically in one of those they will have a survey or a plat drawing within that. But I guess maybe upon looking you know at the plat drawing that would be in there, what I don't know is, I'm assuming that the, on the plat drawing you're going to show all easements that 0 Planning Commission Meeting — June 20, 2006 happen to be on the property. Including the conservation easement but I don't know if that is shown or not so therefore. Thomas Schwartz: Unfortunately it is not, and what I can tell you is that I used, I used what I submitted to the development and then consequently used as kind of, when I went to the landscapers and went to the contractors they, you know this is what I want to do. You know it just didn't appear on anything I received unfortunately so I went, at this time finding out blindly along thinking that I was okay putting it where it was. It's been a heck of an education. Larson: Why don't we put conservation easements on plat drawings? I mean truly, I mean because this could have been completely avoided if something like that had been put on there... Thomas Schwartz: And truthfully, and you know Don is probably, I hope he can support me on this. The comment, and as well as going back now to the folks who bought Lundgren Development, two things would have been obvious in my opinion at this point. One is I would have never put it where it is. It would have made no sense. With or without a permit, irregardless of how that answer came about, it would have never made sense to put where it is had anybody stood up and said can't put it there. Okay. Secondly, and kind of off the beaten path here, I've actually... property with as many restrictions as that are on this piece of property, I don't think anybody in their right mind would have ever put a house on that property. And let alone put any time or money or effort into putting in a garden. I hate to mention the dollars I have involved in putting in that garden that's got to come out. I mean that, this thing has been a disaster, is the only way I can state it. It's been a disaster. Larson: Yeah, well is there any consideration, I don't know Bob if this is for you but, if he were to, if it was the pavers, would you guys consider allowing just that little piece of the gazebo? I mean it's really, it's not the whole gazebo. It's like one-third of it, you know. Generous: That's up to you. Larson: Okay. I mean truly it's absolutely gorgeous and I just, you know when I read this my heart went out to you because I thought you know, what a bummer. Thomas Schwartz: I appreciate that. Larson: But okay, I guess that's all I have at this point. Thomas Schwartz: And I think partly, if I can try and defend, if I can a little bit of where I believe maybe Lundgren and their sales staff came from. At the time that I bought this property, and true I believe if I understood it correctly, May of 2001 the restriction stated that it was primary resident only, and it was only after May that there was a new change to that to include all, I mean you call. it impervious surfaces. And if I understand that correctly, and again I'm unable to verify it on the web site. I was unable to get anybody within city staff to say you know what, yeah you're right. But I have a gentleman who has offered some advice and his comment was, that that's in fact the case. Is that was only adopted after unfortunately the gazebo was actually put in place. So that may be why Lundgren never mentioned it. I can only assume that. 45 Planning Commission Meeting — June 20, 2006 McDonald: Kevin. Dillon: And I don't know if this question is for you for the staff but if the structures were to remain, what, is there harm to the wetland that they're there? I mean is the construction damage like already been done or I mean what's the down side to leaving them there? Besides the legalities and not getting the variance... Asleson: You know as far as increase impervious surface was, which I think would be, has been covered, it doesn't appear that the wetland vegetation has been cleared around the wetland like the applicant has stated. It appears that he has stayed back about 10 feet from what would be the wetland edge. Unfortunately you know I don't know. I can't really answer that with any certainty that anything has changed within the wetland because I haven't seen it before the structures were there. McDonald: Okay. Undestad: It just looks like you had contacted the city but it was back in the building department issue again? Thomas Schwartz: Unfortunately, and unfortunately it's not in writing. McDonald: No questions? Keefe: No questions. McDonald: I guess at this point I'll probably hold all of my questions and comments too until the very end. Thank you for coming up. This is a public meeting so at this point I'll open up the floor to anyone wishing to make comment or ask questions to come forward to the podium. Seeing no one come forward, we'll close the public meeting and I'll bring it back to the commissioners for discussion. Start with Dan. Keefe: Yeah. I empathize with the applicant. Unfortunately I think ... pretty clear in this matter and I'm not, you know I think we'd end up getting into trouble if we end up giving variances, especially when it comes to wetlands. That's all. Undestad: You know, we've been through these before and unfortunately the applicant went through the building department process and again, trying to find out what's required and what's needed and I think we've changed that problem by putting our zoning reviews into place at this point. It looks like he's done a great job with landscaping back there. Preserving the wetland areas back there and the hard surface coverage, he's not expanding that at all. He's well within that. It looks very nice back there. The issue still remains is us as a commission, you know looking for hardships in these types of things and again, coming into these, I always get kind of torn up because I think the hardship, it looks beautiful back there. To try and tear this up, move it and it would be difficult. I'm still kind of in the middle here but again, I mean he's done a fantastic job landscaping back there. It looks very nice. M Planning Commission Meeting — June 20, 2006 McDonald: Thank you. Kevin. Dillon: You know it's ... and we shouldn't be out ... but by the same token if someone can ... tell me what the real negative impact is to the wetland, or the down side, I don't, I mean you know, if there's sludge bubbling up from underneath the gazebo or it's causing a problem, that's a different story but no one can tell me that that's the case. So there's no clearly identified negative impact. Asleson: Can I say something? McDonald: Yes. Asleson: Okay. The only downside I would see is that you lose a net buffer area around the wetland. You know maintaining a 20 foot average buffer around the area as part of the PUD was part of that PUD's requirement. Certain lots received smaller buffer areas. Certain lots received larger buffer areas, so as far as impacting the wetland through decreased buffer area, that would be maybe a potential impact for that. I just wanted to throw that out there because there is the buffer area and 20 foot average that would be decreased. McDonald: Okay, thank you. Larson: My take on it is, I guess maybe the only part would be the decking, if that could be moved, I would be all in favor of leaving the gazebo, just because it's not that much. And if the deck could maybe be pushed around to one side, out of the conservation easement then I'd be more than... McDonald: Okay. Kurt. Papke: This one's a prime example of why we put the zoning compliance into the city code. I mean it's just, it's classic. Every time we get one of these, it's just classic. In terms of the impact if this was just incurring a couple of feet into the setback, you know I'd be inclined to give a little bit here but the fact that it goes all the way into the conservation easement I think it just way too egregious of a variance here. And the fact that you have impervious pavers as well, and there's, in cases we've had a couple cases, I remember one distinctly we had a couple years ago where we had an accessory structure near Lotus Lake and there was almost no place to move the shed, okay. We get these from time to time where there's no recourse. Where in this particular case there's a big back yard and it's a gazebo kit. It's a bunch of paver blocks. You get out the wheelbarrow and you move so you know it's regrettable but I think in this particular case it's, there are viable alternatives at play here so I would recommend that we uphold the code. McDonald: Okay, thank you. I do have one question of staff. I guess I forgot to ask you as you were going through this. You said the reason that we found this was because of a water event that came through. What happened exactly? What was the nature of that? 47 Planning Commission Meeting — June 20, 2006 Asleson: Well if you can recall the stone events we received in late September and October there, we had some pretty significant rainfall and there was some drainage issues in the Longacres development. And inspecting for those they took a look at some of the other storm water ponds in the Longacres development and wetlands. This one particularly. They did know that there was the emergency overflow, and they, that's how they came across it. They were more looking to make sure the storm water system was functioning and that people weren't threatened with wet basements. McDonald: Oh okay. Yeah, I'm always torn when these come up here. We've had a lot of them. You know it isn't always a gazebo. Sometimes it was Sport Courts. There was another applicant that came before us that fixed up their back yard but unfortunately in the process of doing that they exceed the impervious surface requirement. The harm done is that again we set these buffers up and since you start to encroach into them, that's the harm in and of itself. Is that we set a limit and we've gone through this a number of times as to how much that should be and we've kind of reached the conclusion as to how much of a setback is required for the buffers for wetlands. I always hate to sit here and try to tell you that well, you've just got to take it apart and move it but, you're in a little bit better position than some people who come in here and we make them tear up a slab of concrete or you know a very permanent structure that's encroaching into an area where it shouldn't be, but again the only way that according to the zoning that we could grant anything is to showing of a hardship and I just don't see it here so I guess, I also would have to very reluctantly vote against the variance. Undestad: One quick question. On the gazebo, like the wetland setback area, you had shown on the other drawing what moving this stuff up on this side of the house. If it just comes inside of that wetland setback? Asleson: Yeah. Undestad: So you were showing it as an alternate to keep it up in the yellow. Asleson: The wetland buffer setback line actually runs like this, and so the blue area is the 40 feet from the wetland buffer line. The wetland buffer has iron monuments in the ground to delineate where that's. Undestad: So it's got to get all the way out of that blue area. Larson: Oh... McDonald: Did you have anything else you wanted to say? Thomas Schwartz: I guess just in kind of respect to a comment that was made, it's just a gazebo. It's easy to tear it down and move it and you know it's not a big deal. It is a big deal. If I were to tear it down, I already have $5,000 into this thing. I've got another $3,500 in having this property surveyed, just to stand before you today. Okay. If I were to move it, tearing it down is simple. Pulling out the qualified pilings, disrupting the landscaping, rebuilding the landscaping and rebuilding the gazebo, minimum is $21,000. Irregardless of my ability to pay that or not, 48 Planning Commission Meeting —June 20, 2006 that's a hardship on anybody. I mean we're talking potentially $40,000 to $50,000 of cash just to move it. By the time I'm all said and done, including permits. Now I'm willing, and I've already disrupted a garden that was associated to this, okay to put in a better overland, overflow swale because we were told that those raised beds that were in that garden jeopardized that. With the engineers that came out and did the survey, they've confirmed that Swale works. Without disrupting the garden. But we're willing to do what we have to as a compromise in hopes that with the significant costs that I may have to incur, with the fact that it is part of a very extensive landscaping project, and the fact that we're willing to do what we have to on that overland, overflow swale to make it, I mean we want to cooperate. But we're hoping that you know there's somewhere in the middle here that we can be met. One of the comments that does it create a hardship on the wetlands? Has it or will it in the future? Mr. Asleson has even stated so directly to me that if it had caused any damage, that damage would have been caused already. There will be no future ill effect by leaving the gazebo where it is. So I'm hoping with ... truly a financial hardship here, and in addition to that if in fact the city code had been changed interim to this being built, I would not have been aware that that code existed as it is relative to the gazebo. So I ask that to be considered as part of your decision. McDonald: Well first of all I'd like to address your comment about it's only a gazebo. None of us up here think it's only a gazebo. We may have said that as an illustration, and again what we're trying to get across is you're not the only resident of this city that has come before us and has suffered a financial hardship. I feel for you and I understand that and the finances are a hardship. Unfortunately the way the code is written, and we have to look for a hardship, financial hardship is not one of the criteria that we're allowed to judge by. My suggestion to you is that once we have taken our vote, if this does go before the city commission, and between now and then you have an opportunity to talk with staff and if you can convince them as far as a compromise, things could change once you get up to the commission meeting. You still have an opportunity to try to reach an agreement, but again that's why our only role is to look at what the ordinances and the subdivision rules allow us to look at. We are not allowed to change them and the problem is is that with these setbacks, you are so deep into them, we just can't grant that type of a variance because of the impact it has on the rest of the city. It's not just you. It's the rest of the city, and that's why the ordinances were put together the way they were and we have to judge everything based upon that. So I do feel your pain and everything and I do understand that it is a financial hardship, but again we can't use that criteria as part of our evaluation up here. And I do apologize for that. We as a commission did recognize this as being a problem and did ask city staff to do something so that homeowners have some way of knowing beforehand that they're encroaching upon something. And I'm just hoping that in the future we can save someone else from going through all this misery but again, I'm afraid that the way the ordinances are written, our only role is to judge things based upon that. With that, I'd like to get a motion. Actually did we discuss this yet? Yes we did. Papke: Yeah, we all had comments. Mr. Chair, I make a motion that the Planning Commission denies the 52 foot variance for the 175 square foot gazebo and the 45 foot variance from the 230 square foot patio/fire ring structures based on the findings of fact in the staff report, and conditions 1 through 3. In addition I make a motion that we order the applicant to remove the structures from within the wetland buffer setback and restore native vegetation to disturbed areas as required by city code. If the structures are to remain on the property with conforming 49 Planning Commission Meeting — June 20, 2006 setbacks, building permits and zoning permits must be obtained. The applicant shall also install wetland buffer signs provided by the City at the monument locations. McDonald: Can I have a second? Undestad: Second. Papke moved, Undestad seconded that the Planning Commission denies the 52 foot variance for the 175 square foot gazebo and the 45 foot variance from the 230 square foot patio/Cure ring structures based on the findings of fact in the staff report and the following: 1. The applicant's hardship is self created in nature. 2. The applicant has reasonable use of the property. 3. The conditions upon which a petition for a variance is based are applicable, generally to other property within the same zoning classification. In addition, the Planning Commission orders the applicant to remove the structures from within the wetland buffer setback and restore native vegetation to disturbed areas as required by city code. If the structures are to remain on the property with conforming setbacks, building permits and zoning permits must be obtained. The applicant shall also install wetland buffer signs provided by the City at the monument locations. All voted in favor, except Larson and Dillon who opposed, and the motion carried with a vote of 4 to 2. McDonald: And again, what I would encourage the applicant to do is that between now and the City Council meeting, offer city staff some of the plans that you brought up. If those would be acceptable, I'm sure that they will propose that to City Council when you plead your case before them. They have the power to actually make adjustments to the city code. Thank you. Thomas Schwartz: Thank you for your time. PUBLIC HEARING: GARY CARLSON: VARIANCE REOUEST FOR RELIEF FROM 30 FOOT FRONT YARD SETBACK REQUIREMENTS FOR THE CONSTRUCTION OF AN EXISTING Josh Metzer presented the staff report on this item. CIIYOF Date: May 22, 2006 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department By: Don Asleson, Natural Resources Technician Subject: THOMAS SCHWARTZ — Request for variance to allow structures within 40 -foot wetland buffer setback, 7376 Bent Bow Trail — Planning Case 06-22 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on May 17, 2006. The 60 -day review period ends July 16, 2006. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concemed so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on June 20, 2006 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than June 9, 2006. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or SpnntfUnited) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPomt Energy Mmnegasco aGWNEO Location Map Schwartz Variance Planning Case No. 06-22 7376 Bent Bow Trail City of Chanhassen k_on9 Ga ,es Subject Property THOMAS AND PAULA SCHWARTZ VARIANCE REQUEST - PLANNING CASE 06-22 $200 Variance $50 Recording Escrow $250 $250 Thomas G. Schwartz Check 10736 SCANNED Asleson, Don From: Fauske, Alyson Sent: Monday, June 05, 2006 10:33 AM To: Asleson, Don Cc: Oehme, Paul; Ramer, Dan Subject: 7376 Bent Bow Trail Don, My comments for the wetland buffer setback variance are as follows: 1. The emergency overflow south of the wetland must be reestablished, which will likely require the removal of some of the wood planters. 2. An encroachment agreement is required for any remaining structures within the drainage and utility easement. Thanks, Alyson MEMORANDUM TO: Don Asleson, Natural Resources Technician FROM: Jerritt Mohn, Building Official DATE: May 26, 2006 SUBJ: Review of a request for a variance at 7376 Bent Bow Trail Planning Case: 06-22 I have reviewed the request for the above variance and have the following comments: Building permits are required for any structures and for retaining walls over 48 inches in height. G:\PLAN\2006 Planning Cases\06-22 Schwartz Varianceftildingofficialcomments CM OF Date: May 22, 2006 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department By: Don Asleson, Natural Resources Technician Subject: THOMAS SCHWARTZ —Request for variance to allow structures within 40 -foot wetland buffer setback, 7376 Bent Bow Trail — Planning Case 06-22 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on May 17, 2006. The 60 -day review period ends July 16, 2006. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on June 20, 2006 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than June 9, 2006. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish& Wildlife 7. Carver County a. Engineer b. Environmental Services Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint(United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Mimregasco Location Map Schwartz Variance Planning Case No. 06-22 7376 Bent Bow Trail City of Chanhassen X_on9acres Subject Property Moccas G May 15. 2006 Development Review Application City of Chanhassen vvnn Mnrlrrt Rti,rl Chanhassen, MN 55317 Request of a variance for Gazebo and adioining fire nit located at 7376 Bent Bow Trail. In August 2000 we purchased the above mentioned property from Lundgren Bros. Development. We were told at the time of purchase that a 10 foot wetland buffer existed around the nond shared with five other home sites. We adhered to the buffer restriction as disclosed at purchase. Unfortunately we had no knowledge of a 40 foot Wetland Buffer Setback aligned with a Drainage and Utility Easement which we had no knowledge of. Subsequently, as part of our overall comprehensive landscaping plan we placed a gazebo and fire pit within this area. Before placing the gazebo and fire pit we applied for and received approval from the association's architectural committee. In placing a call to the city of Chanhassen's regarding a permit I was informed that a "kitted" gazebo didn't require a permit. No mention was made at that time that there was a concern as to the placement. So the gazebo and fire pit were built in 2001/2002 and were put within the Drainage &Utility Easement and the adioining 40 foot Wetland Buffer Setback. It was after the changes that occurred to the property north of the Longacres Development and the abnormal water runoff entering the pond adjacent to and shared within our property did we find out about both restrictions. We have since conducted exhaustive research, spent thousand of dollars and hired an independent survey company to determine what we really have as a property. In addition, we have received several bids regarding the destruction, moving or takedown and rebuild of the gazebo and pit only to have those alternatives prove to be financially impractical and prove to be too burdensome. Lastly, we are aware that a permit for the Gazebo will be required if the variance is approved. A subsequent permit will be requested should variance be approved. Re Thomas"and aula Sch 7376 Bent Bow Trail 970 -IRO -11 SS Fnc- Giv F cvi w p SEN MAY 17 ZO GHANHASSEN p�pNNING DEQ SCANNED- CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 05/17/2006 2:09:45 PM Receipt No. 0011041 CLERK: katie PAYEE: THOMAS SCHWARTZ 7376 BENT BOW TRAIL CHANHASSEN MN 55317 PLANNING CASE 06-22 ------------------------------------------------------- Use & Variance 200.00 Recording Fees 50.00 Total Cash Check 10736 Change 250.00 0.00 250.00 0.00 SCANNED 'LJJVt OF OUTLOT A THE 3RD DDITON MF-AOAWS AT LONGACRES- R=400.00 L=504. 15v� s� j9 L-219.75 10 13°37'4/ �`O)2'6�°p' 3I I Lo 0 C K I 5z~ i D \ S I M 5 SURVEY 0l P Q, -N �>I LINE c I s• �� I °�' \ / EDGE OF WETLANC \� iD n ,> 13p.56 52p°2 WATER ELEV. ON 3/28/94 222.2 982.59 (N.G.V.D. 192' S� 3° 42.28 E