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CC Staff Report 7-9-18CITY COUNCIL STAFF REPORT Monday, July 9, 2018 Subject� Resolution 2018-39: Red Cedar Point — Approval of Preliminary and Final Plat with a Variance for a'Two-Lot Subdivision Section I NEW BUSINESS I Item No: H.1. Prepared By ] MacKenzie Walters, Assistant Planner I File Pio: PC 2018-10 "'The Chanhassen City Council approves the preliminary and final plat for Red Cedar Point, a two -lot subdivision, and a 10.04 -foot lot frontage variance for Lot 1, Block 1 as shown in plans dated May 15, 2018, subject to conditions of approval, and adopts the Findings of Fact and Decision." Council approval requires a Simple Majority Vote of members present. SUMMARY The applicant is proposing to subdivide the existing lot located at 3861 lied Cedar Point Road to create two lots for single-family detached housing. The applicant intents to save the existing home and construct a new two -car attached garage to replace the detached garage. The applicant is requesting that the City Council concurrently approve the preliminary and final plat. The applicant also requests a 10.04 -foot variance from the Single Family Residential and Shoreland Management Districts' required 90 -foot mir•,imum lot widtin. The applicant could meet i.l be re gl4f2z 90 -foot lot wida_'h for both lots through the use of a half cul-de-sac ("eyebrow"); however, this would result in increased lot coverage. Access to the site provided is by Red Cedar Point Road. Sewer and water are available to the site. Staff is recommending approval of the request. The full staff report is provided as an attachment. }ACKGR®UD On June 19, 2018, the Chanhassen Planning Commission held a public hearing on the proposed preliminary plat and variance. No member of the public spoke regarding the proposal; however, one email expressing concern about the potential impact of establishing a precedent of allowing deviations from the city's minimum lot widths on the neighborhood was submitted to the Planning Commission before the hearing. During the subsequent discussion of the preliminary plat and variance, Commissioner Madsen asked for clarification on the city's policy regarding partial cul-de-sacs. Senior Planner Al-Jaff stated that in cases where the applicant could install a full cul-de-sac, but it would not make sense to do so, the city allows the use of partial cul-de-sacs. Lake Lucy a) Add City details 5301 (Rock Construction Entrance) and 5302B (Erosion Control for Individual Lots). b) Provide geotechnical report. c) Include first floor elevation of buildings on adjacent lots. d) Existing and proposed elevations shall be shown at each lot corner and top of the curb at the lot line extension. e) Identify proposed soil stockpile locations. f) If importing or exporting soils for the development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 3. SAC and WAC fees due at the rate in force at time of building permit application. Environmental Resources: 1. Tree protection fencing must be properly installed at the edge of the grading limits as shown on the plans dated 5115118. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities shall be replaced. 2. No equipment or materials may be stored within the tree protection area. 3. One tree must be planted in the front of each yard, as per city requirements. Parks: 1. Park dedication fees for one lot at the rate in force at the time of final plat approval. PP! 1. An escrow of 110 percent of the estinnated demolition costs for the demolition of the detached garage on Lot 2, Block 1 must be received, and the detached garage must be removed within four months of the approval of the final plat. Water Resources: 1. All permits and approvals must be received from other regulatory agencies prior to issuing pen -nits. 2. Must show existing and proposed drainage. 3. The applicant will need to pay the surface water management (SV/MP) fee for 1.010 acres at the rate in force at the time of final plat approval. PC DATE: June 19, 2018 CC DATE: July 9, 2016 REVIEW DEADLINE: September 18, 2018 CASE #: 2018-10 BY: MW, SJ, VS "The Chanhassen Plaiining Gari .^�.^^ ad -h_at the City Council approves the preliminary and final plat for a 2 lot subdivision, and a 10.04 -foot lot frontage variance for lot 1, block I Red Cedar Point as shown in plans dated May 15, 2018 subject to the conditions of approval and adopts the findings of fact and decision " (Note: A motion for denial and appropriate findings of fact are also included at the end of the report.) SUMMARY OF REQUEST: Preliminary and final plat with variance for a 2 lot single-family residential subdivision. LOCATION: 3861 Red Cedar Point Road OWNER AND APPLICANT: Estate Development Corporation Tom Gonyea 15250 Wayzata Blvd. Suite 101 Wayzata, NIN 55391 PRESENT ZONING: Single Family Residential District, RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: Gross: 1.024 acres DENSITY: Gross: 1.95 units/ac Net: 1.010 Net: 1.98 units/ac LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a Preliminary and Final Plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the city must approve the preliminary plat. This is a quasi-judicial decision. 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 code 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. Notice of this public hearing has been mailed to all property owners within 500 feet. Planning Commission 3861 Red Cedar Point Road — Planning Case #2018-10 June 19, 2018 Page 3 of 10 No wetlands are present on the site. E�Zr75i9"M MyIt' ' This area has land use classification of Residential Low Density in the city's 2030 Comprehensive Plan. This classification requires net densities of between 1.2 — 4.0 units per acre. The applicant's proposal has a net density of 1.98 units/acre which is consistent with the area's land use plan. ZONING ORDINANCE Concept A The property is currently zoned Single Family Residential (RSF) District, and the applicant is not requesting a change to the parcel's zoning. The proposed subdivision would require a variance from the zoning ordinance's minimum lot width. VARIANCE The applicant's proposed lot 1, block 1 would have a width of 79.96 feet, which is 10.04 feet less than the 90 feet required by sec. 20-615 and sec. 20-480 for properties zoned RSF within the shoreland management district. The applicant has demonstrated that the subdivision could meet the requirements of sec. 20-615 and sec. 20-480 either through the use of a faag lot (Concept C), which would require a variance from the city's subdivision ordinance, or through the dedication of additional public right of way to create a partial cul-de-sac (Concepts A and B). Concept B Concept C d) f yam. - C h,.,' 4t "ky�� •�ig 'K t Concept C Planning Commission 3851 Red Cedar Point Road — Planning Case 42018-10 June 19, 2018 Page 5 of 10 PRELIMINARY AND F'INAI., PLAT t r' k�lq&� �4r SM WAW a; a _e C WAIV x$+8.93 ; FCtk Leaf 3 �=`Fle' p-•Y.d , x-.4.4. •• ? VC ?R Y28 jr am 0 s' a f �._• _'�' r r �t. • /Jd� i 41 40 iscAldAN o � , uP xsaE�, tik!� f i Pi jl BCp` 1 New gar age �r 1 t f 1 r !DVISTWG Fla AND ' or" ro i tr ,�f Planning Commission 3861 Red Cedar Point Road — Planning Case #2018-10 June 19, 2018 Page 7 of 10 public right-of-way. This will allow the right-of-way to remain consistent with the surrounding area. EASEMENTS The applicant is dedicating 5 -foot side and rear, and 10 -foot front lot line drainage and utility easements. Drainage and utility easements should be provided as illustrated in the preliminary plat dated May 15, 2018. Sanitary Sewer and Watermain No extension of any public sanitary sewer or watermain trunk lines is required. The existing home will continue to use the current water and sewer service from Red Cedar Point Road. The new home will require a new service connection to the available trunk sanitary sewer and watermain. The fees associated with the service connections will be $2,924.00. The city WAC and SAC fees related to the service connections will be collected with the building permit. t 111i,� YN�7'i►Ce7_ ►`1711:3 of a a &+*l Dl'AT1:1-111)tii Existing Canopy Coverage Proposed Canopy Coverage The site's current estimated tree canopy coverage is 42 percent and the applicant is proposing to maintain a tree canopy coverage of 36 percent. Since this exceeds the City Code's minimum standard of 35 percent tree canopy coverage, no replacement tree planting is required. The lots Planning Commission 3861 Red Cedar Point Road — Planning Case #2018-10 June 19, 2018 Page 9 of 10 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. Engineering: 1. Drawing 4 — Site and Utility Plan: a) Change detail 1006 (Gate Valve and Box Installation) to detail 1005 (Water Service). b) Add City details 5202A (Bituminous Street Patching), 5203 (Curb and Gutter), 5208 (Concrete Driveway), 5209 (Bituminous Driveway), and 5221 (Tie Card). c) An abandoned watermain exists between the sanitary sewer and the watermain. Add note to make this known to the sanitary sewer and water installation contractor. 2. Drawing 5 — Grading, Drainage, and Erosion Control Plan: a) Add City details 5301 (Rock Construction Entrance) and 5302B (Erosion Control for Individual Lots) b) Provide geotechnical report. c) Include first floor elevation of buildings on adjacent lots. d) Existing and proposed elevations shall be shown at each lot corner and top of the curb at the lot line extension. e) Identify proposed soil stockpile locations. f) If importing or exporting soils for the development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 3. SAC and WAC fees due at the rate in force at time of building permit application. Environmental Resources: 1. Tree protection fencing must be properly installed at the edge of the grading limits as shown on the plans dated 5/15/18. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities shall be replaced. 2. No equipment or materials may be stored within the tree protection area. 3. One tree must be planted in the front of each yard, as per city requirements. Parks: 1. Park dedication fees for one lot at the rate in force at the time of final plat approval. CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2018-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approves a 10.04 -foot lot frontage variance for lot 1, block 1 Red Cedar Point. 2. Property. The variance is for the Red Cedar Point subdivision situated in the City of Chanhassen, Carver County, Minnesota, and legally described in Exhibit A. Dated: July 9th, 2018 :• (SEAL) 110 STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN Denny Laufenburger, Mayor Todd Gerhardt, City Manager Exhibit A That part of Government Lot 1, Section 8, Township 116 North, Range 23 West, Carver County, Minnesota, described as follows: Commencing at the Northwest comer of said Section 8; thence North 89 degrees 19 minutes 20 seconds East along the North line of said Section a distance of 670.0 feet; thence South 7 degrees 49 minutes 20 seconds West a distance of 720.0 feet to the centerline of Red Cedar Point Road; thence South 66 degrees 51 minutes 10 seconds East along said centerline a distance of222.0 feet to a point distant 576.4 feet Northwesterly of the East Line of said Government Lot 1, as measured along the centerline of said Red Cedar Point Road, said point being the actual point of beginning of the tract ofland to be described, and which point is also the Northeasterly comer of that tract ofland described in the first description appearing in Book 51 of Deeds, Page 884, office of the Register of Deeds, Carver County, Minnesota; thence continuing South 66 degrees 51 minutes 10 seconds East along said centerline of Red Cedar Point Road a distance of 197.0 feet; thence South 13 degrees 15 minutes 40 seconds West a distance of 254.25 feet; thence North 77 degrees 42 minutes 10 seconds West a distance of21 1.69 feet more or less to the Easterly Line of said tract as described in said Book 51 of Deeds, page 884; thence North 16 degrees 42 minutes 50 seconds East along said Easterly Line a distance of292.17 feet more or less to the actual point of beginning and there terminating. Excepting therefrom that part taken for Red Cedar Point Road. Except all that part of the above described land lying Easterly of the West line of the tract ofland described in Certificate of Title No. 5187, Files of Registrar of Titles, Carver County, Minnesota, which tract ofland is described as follows: All that part of Government Lot 1, Section 8, Township 116 North, Range 23 West, described as follows: Commencing at the Northwest comer of said Section 8; thence east on the North Line of said Section a distance of 670 feet to the center line of Glencoe Road; thence South 8 degrees 56 minutes West along the center of Glencoe Road for a distance of713.4 feet to the intersection of the center line of said Glencoe Road with the center line of Red Cedar Point Road; thence South 65 degrees 56 minutes east along the center line of said Red Cedar Point Road a distance of 619 feet to the initial point of beginning of the land to be described; thence South 33 degrees 25 minutes west for a distance of210 feet; thence North 90 degrees 00 minutes west 166.90 feet to a point; thence northeasterly on a line having a bearing of North 16 degrees 10 minutes east a distance of273.77 feet; more or less, to the center line of said Red Cedar Point Road; thence southeasterly on the center line of said Red Cedar Point Road a distance of 224.17 feet, more or less, to the place of beginning, all in Carver County, State of Minnesota, excepting therefrom that part taken for said Red Cedar Point Road. a) Change detail 1006 (Gate Valve and Box Installation) to detail 1005 (Water Service). b) Add City details 5202A (Bituminous Street Patching), 5203 (Curb and Gutter), 5208 (Concrete Driveway), 5209 (Bituminous Driveway), and 5221 (Tie Card). c) An abandoned watermain exists between the sanitary sewer and the watermain. Add note to make this known to the sanitary sewer and water installation contractor. 2. Drawing 5 — Grading, Drainage, and Erosion Control Plan: a) Add City details 5301 (Rock Construction Entrance) and 5302B (Erosion Control for Individual Lots) b) Provide geotechnical report. c) Include first floor elevation of buildings on adjacent lots. d) Existing and proposed elevations shall be shown at each lot corner and top of the curb at the lot line extension. e) Identify proposed soil stockpile locations. f) If importing or exporting soils for the development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 3. SAC and WAC fees due at the rate in force at time of building permit application. Environmental Resources: 1. Tree protection fencing must be properly installed at the edge of the grading limits as shown on the plans dated 5/15/18. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities shall be replaced. 2. No equipment or materials may be stored within the tree protection area. 3. One tree must be planted in the front of each yard, as per city requirements. Parks: 1. Park dedication fees for one lot at the rate in force at the time of final plat approval. Plannin)z: 1. An escrow of 110 percent of the estimated demolition costs for the demolition of the detached garage on lot 2, block 1 must be received, and the detached garage must be removed within four months of the approval of the final plat. Water Resources: 1. All permits and approvals must be received from other regulatory agencies prior to issuing permits. 2. Must show existing and proposed drainage. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Red Cedar Point Addition Planning Case 18-10 On June 19, 2018, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat to Subdivide a 1.02 Acre Lot into two (2) single- family lots with a variance, Red Cedar Point. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and recommended approval of the preliminary plat and variance. On July 9, 2018, the Chanhassen City Council met at its regularly scheduled meeting to consider the application of a Preliminary and Final Plat to Subdivide a 1.02 Acre Lot into two (2) single-family lots with a variance, Red Cedar Point and now makes the following: FINDINGS OF FACT The proposed subdivision. is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the lot width variance is approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. property is reasonable and would be permitted, but for the reduced lot width on block 1, lot 1. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The existing lot was created prior to current single-family residential district zoning standards. e. The variance, if granted, will not alter the essential character of the locality. Finding: Granting the variance would allow for the property to be subdivided in a manner consistent with the neighborhoods existing development pattern. Multiple properties in the vicinity do not meet the district's minimum lot width. Additionally, several of the proposed alternatives that would not require a variance would result in a subdivision with features that are atypical for this neighborhood. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 9. The planning report Planning Case 18-10, dated June 19, 2018, prepared by MacKenzie Walters, et al, is incorporated herein. DECISION "The Chanhassen City Council approves the preliminary and final plat for a two - lot subdivision, and a 10.04 -foot lot frontage variance for Lot 1, Block 1, Red Cedar Point as shown in plans dated May 15, 2018, subject to conditions of approval. ADOPTED by the City Council this 9" day of July, 2018. CITY OF CHANHASSEN LIM Denny Laufenburger, Mayor gAplan\2018 planning cases\18-10 3861 red cedar point rd subdivision & var\findings of fact (approval)_cc.doc 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. 8. Variances. — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The intent of the zoning code's minimum lot width is to allow for an adequately sized front yard and sufficient spacing between residential driveways. Allowing the creation of new lot that does not meet the district's minimum lot width would not be in line with the intent of the district. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The homeowner has shown multiple concept subdivisions that could comply with the district's requirements. The inability create the preferred configuration for the lots is not a practical difficulty. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 MIT Ot APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: 6 b PC Date: " 1 CC Date: 60 -Day Review Date: iLla Section 1: Application Typeapply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑✓ ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Conditional Use Permit (CUP) lots) ❑ Single -Family Residence ............................... $325 Metes & Bounds (2 lots) .................................. ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ Lot Line Adjustment .........................................$150 ❑ In conjunction with Single -Family Residence.. $325 ❑✓ ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative.................................................. $100 ❑ CommerciaNndustrial Districts" ...................... $500 Plus $10 per 1,000 square feet of building area: thousand square feet) *Include number ofexi_ sting employees: 'Include number of new employees: ❑ Residential Districts, .... .$500 .. Plus $5 per dwelling unit (�v units) ❑✓ Notification Sign (City to install and remove) .... ❑✓ Subdivision (SUB) ❑✓ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots .......................$600 + $15 per lot lots) ❑ Metes & Bounds (2 lots) .................................. $300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment .........................................$150 ❑✓ Final Plat.......................................................... ...................... $700 (Includes $450 escrow for attorney costs)* `Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑✓ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA) ................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. .................................................................. $200 ❑✓ Property Owners' List within 500' (city to generate after pre -application meeting) .................................................. $3 per address ❑ .............( .... Escrow for Recording Documents (check ail that apply) ....................... addresses) $50 per document El Conditional Use Permit ❑ Interim Use Permit. ❑ Site Plan Agreement ❑ Vacation ❑✓ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements( easements) ❑ Deeds TOTAL FEE: $1,600.00 Section 2: Required Information M ____ Description of Proposal: Subdivision approval for a split of a singel parcel into 2 parcels Property Address or Location: _ Parcel #: 250080700 3861 Red Cedar Point Road, Chanhassen, MN. 55331 Legal Description: Total Acreage: 1.02 Wetlands Present? ❑ Yes ® No Present Zoning: Single -Family Residential District (RSF) Requested Zoning: Single -Family Residential District (RSF; Present Land Use Designation: Residential Low Density Requested Land Use Designation: Residential Low Density Existing Use of Property: Single family residence See Attached ❑✓ Check box if separate narrative is attached. SUBDIVISSIOU14 AIS1 FINAL FLAT REQUIESTUiyrtTiA L IwAFtRAV RED CEDAR POINT CHANHASSEN, MINNESOTA May 15, 2018 SITE jNFGRrAAT1 ON Legal Description: That part of Government Lot 1, Section 8, Township 116 North, Range 23 West, Carver County, Minnesota, described as follows: Commencing at the Northwest comer of said Section 8; thence North 89 degrees 19 minutes 20 seconds East along the North line of said Section a distance of 670.0 feet; thence South 7 degrees 49 minutes 20 seconds West a distance of 720.0 feet to the centerline of Red Cedar Point Road; thence South 66 degrees 51 minutes 10 seconds East along said centerline a distance of 222.0 feet to a point distant 576.4 feet Northwesterly of the East Line of said Government Lot 1, as measured along the centerline of said Red Cedar Point Road, said point being the actual point of beginning of the tract of land to be described, and which point is also the Northeasterly corner of that tract of land described in the first description appearing in Book 51 of Deeds, Page 884, office of the Register of Deeds, Carver County, Minnesota; thence continuing South 66 degrees 51 minutes 10 seconds East along said centerline of Red Cedar Point Road a distance of 197.0 feet; thence South 13 degrees 15 minutes 40 seconds West a distance of 254.25 feet; thence North 77 degrees 42 minutes 10 seconds West a distance of 211.69 feet more or less to the Easterly Line of said tract as described in said Book 51 of Deeds, page 884; thence North 16 degrees 42 minutes 50 seconds East along said Easterly Line a distance of 292.17 feet more or less to the actual point of beginning and there terminating. Excepting therefrom that part taken for Red Cedar Point Road. Except all that part of the above described land lying Easterly of the West line of the tract of land described in Certificate of Title No. 5187, Files of Registrar of Titles, Carver County, Minnesota, which tract of land is described as follows: All that part of Government Lot 1, Section 8, Township 116 North, Range 23 West, described as follows: Commencing at the Northwest corner of said Section 8; thence east on the North Line of said Section a distance of 670 feet to the center line of Glencoe Road; thence South 8 degrees 56 minutes West along the center of Glencoe Road for a distance of 713.4 feet to the intersection of the center line of said Glencoe Road with the center line of Red Cedar Point Road; thence South 65 degrees 56 minutes east along the center line of said Red Cedar Point Road a distance of 619 feet to the initial point of beginning of the land to be described; thence South 33 degrees 25 minutes west for a distance of 210 feet; thence North 90 degrees 00 minutes west 166.90 feet to a point; thence northeasterly on a line having a bearing of North 16 degrees 10 minutes east a distance of 273.77 feet; more or less, to the center line of said Red Cedar Point Road; thence southeasterly on the center line of said Red Cedar Point Road a distance of 224.17 feet, more or less, to the place of beginning, all in Carver County, State of Minnesota, excepting therefrom that part taken for said Red Cedar Point Road. Torrens Property Torrens Certificate No. 37556.0 Address: 3861 Red Cedar Point Road, Chanhassen, MN, 55331 PID & Acreage: 250080700, 1.023 acres Preliminary Subdivision and Final Plat Submittal May 15 2018 Red Cedar Point — Chanhassen, MN Page 1 of 4 The Developer is proposing to keep the existing home on one of the new lots and build a new home on the other. The existing home would be modified by removing the existing detached tuck under garage and existing screen porch and deck. A new 2 -stall attached garage will be constructed on the existing home. The new home will be a custom built home set back from Red Cedar Road similarly to the existing home. The homebuilder for the new home is not known at this time. The following is a summary of primary project elements currentiv proposed: Gross Acreage 1.024 acres Wetland Area 0.0 acres Red Cedar Pointe Road R/W Dedication 0.014 acres Net Buildable Acreage 1.010 acres Net Density 1.98 units per acre 1. Refer to separate variance request narrative for Lot 1 lot width. Vehicular Site Access and Pedestrian Circulation The proposed development does not require construction of any new public roadway or walkways. Right of way access for vehicles and pedestrians is available to both lots via Red Cedar Point Road. Gradine The only grading required will be what is necessary to: remove the existing home's garage and screen porch, construct the new garage on the existing home and build the new home. All earthmoving activities necessary for construction will require erosion and sediment control per City of Chanhassen requirements. Sanitary Sewer and Watermain The project does not require extension of any public sanitary sewer or watermain trunk lines. The existing home will continue to use the current water and sewer service from Red Cedar Point Road. The new home will require a new service connection to the available trunk sanitary sewer and watermain. Preliminary Subdivision and Final Plat Submittal May 15 2018 Red Cedar Point — Chanhassen, MN Page 3 of 4 Proposed Proposed Lot Dimensions RSF Standard Lot 1 Lot 2 Width along R/W Frontage 90'(min.) 79.96' 1 90' Width at 30' Front Setback 80.75' 90' Lot Depth 125' (min.) 253.09' 255.06' Lot Size Minimum 15,000 sf 20,417 sf 23,572 sf Setbacks: Side Setbacks 10' 10' 10' Front Setback to R/W 30' 30' 30' Rear Setback 30' 30' 30' 1. Refer to separate variance request narrative for Lot 1 lot width. Vehicular Site Access and Pedestrian Circulation The proposed development does not require construction of any new public roadway or walkways. Right of way access for vehicles and pedestrians is available to both lots via Red Cedar Point Road. Gradine The only grading required will be what is necessary to: remove the existing home's garage and screen porch, construct the new garage on the existing home and build the new home. All earthmoving activities necessary for construction will require erosion and sediment control per City of Chanhassen requirements. Sanitary Sewer and Watermain The project does not require extension of any public sanitary sewer or watermain trunk lines. The existing home will continue to use the current water and sewer service from Red Cedar Point Road. The new home will require a new service connection to the available trunk sanitary sewer and watermain. Preliminary Subdivision and Final Plat Submittal May 15 2018 Red Cedar Point — Chanhassen, MN Page 3 of 4 VARIANCE REQUEST S JBMITTAL NARRATWE RED CEDAR POINT CHAN>FIASSEN, MINNESOTA May 15, 2018 SITE Il~?FO 2MATION SIT Legal Description: That part of Government Lot 1, Section 8, Township 116 North, Range 23 West, Carver County, Minnesota, described as follows: Commencing at the Northwest comer of said Section 8; thence North 89 degrees 19 minutes 20 seconds East along the North line of said Section a distance of 670.0 feet; thence South 7 degrees 49 minutes 20 seconds West a distance of 720.0 feet to the centerline of Red Cedar Point Road; thence South 66 degrees 51 minutes 10 seconds East along said centerline a distance of 222.0 feet to a point distant 576.4 feet Northwesterly of the East Line of said Government Lot 1, as measured along the centerline of said Red Cedar Point Road, said point being the actual point of beginning of the tract of land to be described, and which point is also the Northeasterly comer of that tract of land described in the first description appearing in Book 51 of Deeds, Page 884, office of the Register of Deeds, Carver County, Minnesota; thence continuing South 66 degrees 51 minutes 10 seconds East along said centerline of Red Cedar Point Road a distance of 197.0 feet; thence South 13 degrees 15 minutes 40 seconds West a distance of 254.25 feet; thence North 77 degrees 42 minutes 10 seconds West a distance of 211.69 feet more or less to the Easterly Line of said tract as described in said Book 51 of Deeds, page 884; thence North 16 degrees 42 minutes 50 seconds East along said Easterly Line a distance of 292.17 feet more or less to the actual point of beginning and there terminating. Excepting therefrom that part taken for Red Cedar Point Road. Except all that part of the above described land lying Easterly of the West line of the tract of land described in Certificate of Title No. 5187, Files of Registrar of Pities, Carver County, Minnesota, which tract of land is described as follows: All that part of Government Lot 1, Section 8, Township 116 North, Range 23 West, described as follows: Commencing at the Northwest corner of said Section 8; thence east on the North Line of said Section a distance of 670 feet to the center line of Glencoe Road; thence South 8 degrees 56 minutes West along the center of Glencoe Road for a distance of 713.4 feet to the intersection of the center line of said Glencoe Road with the center line of Red Cedar Point Road; thence South 65 degrees 56 minutes east along the center line of said Red Cedar Point Road a distance of 619 feet to the initial point of beginning of the land to be described; thence South 33 degrees 25 minutes west for a distance of 210 feet; thence North 90 degrees 00 minutes west 166.90 feet to a point; thence northeasterly on a line having a bearing of North 16 degrees 10 minutes east a distance of 273.77 feet; more or less, to the center line of said Red Cedar Point Road; thence southeasterly on the center line of said Red Cedar Point Road a distance of 224.17 feet, more or less, to the place of beginning, all in Carver County, State of Minnesota, excepting therefrom that part taken for said Red Cedar Point Road. Torrens Property Torrens Certificate No. 37556.0 Address: 3861 Red Cedar Point Road, Chanhassen, MN. 55331 PED & Acreage: 250080700, 1.023 acres Variance Request Mv 15 2018 Red Cedar Point — Chanhassen, MN Page 1 of 3 would still maintain a width of 80 lineal feet right of way frontage and be 80+ feet in width at the 30' front setback. Both lots would meet or exceed the desired 60' wide x 60' deep building pads or buildable area. The proposed variance would result in lots that do not require additional right of way dedication, and provides a new lot line that is parallel to the existing west parcel boundary creating a typical lot line that is clearly defined for future owners. VEiaDi.Fie,NiL er v U .L V ti i 1"I Check to City findings for granting a variance (pursuant to City Code Section 20-58): a) The requested variance results in a subdivision that would be in harmony with RSF zoning standards. Non -typical design alternatives do exist to technically create an RSF zoning complaint plan, however, they would have other detriments that are less beneficial to the City nor are as marketable for future lot/home owners. The variance request creates a subdivision that is consistent with the surrounding residential properties, of which, some are smaller than 90' wide themselves, including the property directly abutting the development site to the west. The variance request creates a plan that is consistent with the City's Comprehensive Plan and results in a land use density just under the City's estimate average demand within low density residential land use. b) The variance is not being requested for the property owner to use the property in a manner not permitted by RSF zoning standards. The proposed subdivision plan and requested variance is in substantial conformance to RSF zoning with one minor exception. c) The variance is not being requested for economic considerations alone. The variance is being requested to avoid unnecessary dedication of public right of way and to allow creation of lots with typical configuration reducing chance of conflict between future lot owners. d) The plight of the current landowner is due to the parcel being subdivided to its width prior to current RSF zoning standards and not at any fault of the landowner. There are existing lots near the proposed subdivision that also do not meet RSF zoning standards for lot width and thus the proposed variance request is reasonable. e) The variance if granted will not alter the essential character of the locality. The proposed variance plan will result in a subdivision that is consistent with the existing neighborhood. f) The variance is not being requested for earth sheltered construction. CONCLUSION The applicant respectfully concludes that the request for variance and subdivision will allow for a development consistent with adjacent single family residential lots and the City Goals and Objectives for this area. Variance Request May 15 2018 Red Cedar Point — Chanhassen, AIN Page 3 of 3 Design File: Checked By. RedCederPropehy MPR RED CEDAR POINT ROAD PROPERTY AlliernEngineering,inc. 233 Perk Ave S, Ste 300 D.g Nemo:Drewn By: ConoeptB.DWG JT, MPR BOUNDARY AND TOPO W/ LOT SPLIT CONCEPT B "R/W BULB" Minneapolis, MN MAIN aN Mry Det.: CHANHASSEN, MN 512.758.3098 FAX osirsrrs r=oo www.alliamt nc.com De eIooment Revie Checklist Last Revision: 10-18-17 Grading Plan (Section 18-40 18-60)• ► Topographic data within the property to be subdivided and 100' beyond the property boundary ► An accurate soils report indicating soil conditions, permeability and slope - A/OY 1",eCK %X"Location of wetlands ria we_ _.,. rproposed grading plan shown at contour intervals appropriate to the topography or spot elevations (usually 2' CI) �-t 50 scale or larger ►'Shaw benchmark location and elevation ► First floor elevation of buildings on adjacent lots. Vacant lots shall be labeled as such,.,�,- �,d Locations of all easements of recorder ^/csw►�s,�s{j �� �` ► Existing and proposed elevations at the following locations Po---each lot corner (1) r �4 ► -top of curb or centerline of roadway at each lot line extension �4 - ` v► --center of proposed driveway at curb (important for questionable driveways) ► --grade at corners of proposed structure , 1; 7- '. ► --lowest floor level, top of bloce and garage slab (1) f %,Or' dication of direction of surface water drainage by arrows %,Wbriveway grade (10% Max) ► Lowest floor elevation must be minimum 3' above the highest known groundwater elevation and must meet the requirements set for the in 20-481(e)(1) -I--' ?WZ^ e- - / v (v e'� ► If an EOF route is adjacent to the property the lowest building opening shall be minimum 1' above the EOF elevation ► Style of home ► Standard lot benching detail 4-- W" ► Drain tile service must be provided for all properties where runoff will flow from the back to the front of the lot 'a-- Hr'+'k ':10v ► identify proposed soil stockpile areas — Alel / . Lots shall be graded to drain away from building locations §18-60 �,► Proposed grades shall be <3:1 Proposed house sizes shall be shown on the subdivision plan and shall include decks and patios, the driveway and sidewalks to building entrances. if house plans are not known, then a 60 foot by 60 foot ► building pad and a 30-foot wide access driveway shall be used. The maximum permitted impervious surface shall be calculated for each lot and the permitted houses and structures shall be limited to those sizes. §18-60 I ? .-' 0 r Retainine walls (Section 18-40): ► All proposed retaining walls must be shown on the plan ► Top and bottom of retaining wall elevations shown on the plan ► if over 6' high and within 10' of any public way (sidewalk, trail, street, alley, etc), shall have a fence or other barrier (eg. Berm or landscaping) ► Landscaping between retaining walls should be low or no maintenance ► The following materials are prohibited: smooth face, poured in place concrete (stamped or patterned is OK), masonry, railroad ties and timber ► Boulder walls cannot be taller than 6ft in height ► Maintenance and repair of retaining walls that cross lot lines and are built in conjunction with the subdivision shall be owned and maintained by the HOA Page 1 of 3 Development Review Checklist Last Revision: 10-18-17 Sidewalk and Tralls - Chan Standard retails. MnDGT 6FDM: ► Trails -10' wide, Sidewalk 5' wide (Chan Stnd Plates) ► 100' desired (90' min) radius for trails (Design Speed = 20mph) ► Boulevard min 5', other - use RDM ► 10 -foot wide ped ramp and connections to trail for maintenance equipment access ► 3' horizontal clearance (signage, lamp post, fixed barrier), 10"-20" from railing, 20" min (retaining wall, !-barrier) Driveway) (Sections 18-60, 20-1101.20-1122): ► Grades shall be between 0.5% and 10% ► Within the MUSA must be hard surface (eg bituminous, concrete)I!' %,► Minimum width =10' V* Maximum width at ROW = 36' (24' for RR RSF R-4, RLM, A2, PUD -R) �� f ► Maximum width within the lot = 50' ► Side yard setback =10' - Important for flag lotsl Drive T.hrus (Section 20-963): ► Stacking for fast food: 6 cars/aisle ► Stacking for banks: 3 cars/aisle ► Stacking for pharmacy: 2 cars/aisle ► Stacking for other uses; 2 cars/aisle ► Stacking areas shall not interfere with vehicular circulation in the parking lot, nor encroach into any required drive aisles Parking drive aisle widths minimumLmaxinmurn (Section 20-1101)• Parking lots (Section 20-1118): E ° ► For 90 degree parking stalls, width -- 9', depth = 18', drive aisle 26' ► Dead end aisles require a 10'x 26' turnaround Plat (Sections 18-40): ;41ocation and width of proposed utility easements Page 3 of 3 From: Susan Moe <scmillion@yahoo.com> Sent: Sunday, June 17, 2018 1:31 PM To: Walters, MacKenzie <MWalters@ci.chanhassen.mn.us> Subject: 3861 Red Cedar Point Road Subdivision and Variance Request ®ear Ms. Walters, I live on the west boundary of the property that is proposed for subdivision. I have read the materials on the City's website and reviewed the plot plans and survey. As a resident of a neighborhood with large lots I am concerned that this could set a precedent for dividing other lots if the city is not planning to stick with the minimum lot widths. I also expect the City to enforce all setbacks for the new home and other buildings and also enforce the tree protection ordinance. Lastly, there have several recent building projects in the Minnewashta Pkwy area where substantial quantities of soil have washed onto city streets and into the storm sewer and nearby lakes and wetlands due to poor enforcement of the erosion control regulations. The silt fences and other systems have been poorly installed and then not maintained until the property has been re - vegetated. Thank you, Susan Moe 952 474-2236 7161 Minnewashta Pkwy Excelsior, MINI 55331