11-1-2022 Agenda and Packet
A.7:00 P.M. - CALL TO ORDER
B.PUBLIC HEARINGS
B.1 695 Pleasant View Road: Consider a Request for a Variance from Wetland Buffer Standards
C.GENERAL BUSINESS
D.APPROVAL OF MINUTES
D.1 Approve Planning Commission Meeting Minutes dated October 18, 2022
E.COMMISSION PRESENTATIONS
F.ADMINISTRATIVE PRESENTATIONS
G.CORRESPONDENCE DISCUSSION
H.ADJOURNMENT
I.OPEN DISCUSSION
I.1 Bluff Creek Overlay District
AGENDA
CHANHASSEN PLANNING COMMISSION
TUESDAY, NOVEMBER 1, 2022
CITY COUNCIL CHAMBERS
NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official by-laws. We will
make every attempt to complete the hearing for each item on the agenda. If, however, this does not appear to be possible,
the Chairperson will notify those present and offer rescheduling options. Items thus pulled from consideration will be
listed first on the agenda at the next Commission meeting.
If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the public record
based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it is up to each individual
City Council member and Mayor if they want it to be made part of the public record or not. There is no State Statute that
forces the Mayor or City Council to share that information with the public or be made part of the public record. Under
State Statute, staff cannot remove comments or letters provided as part of the public input process.
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Planning Commission Item
November 1, 2022
Item 695 Pleasant View Road: Consider a Request for a Variance from Wetland
Buffer Standards
File No.Planning Case 2022-15 Item No: B.1
Agenda Section PUBLIC HEARINGS
Prepared By MacKenzie Young-Walters, Associate Planner
Applicant Applicant/Owner: Ryan Johnson
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage .65
Density NA
Applicable
Regulations
Section 20-406, Wetland Buffer Strips and Setbacks.
Section 20-411, Placement of Structures.
Section 20-615, Lot Requirements and Setbacks.
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
SUGGESTED ACTION
"The Chanhassen Planning Commission approves a 10-foot averaged wetland buffer for the
construction of a sunroom, subject to the conditions of approval, and adopts the attached findings of
fact and decision."
SUMMARY
The applicant is requesting a variance to permit a 10-foot averaged wetland buffer in order to facilitate
the construction of a 210 square-foot sunroom. The applicant is proposing to restore a significant
amount of wetland and provide a buffer where no buffer is currently present in order to offset the
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impact of the requested variance. Granting this variance would also remove the nonconforming status of
the existing home by brining it and the proposed addition into compliance with the required 40-foot
primary structure wetland setback.
BACKGROUND
Country records indicate that the house was constructed in 1963.
On June 11, 2001, the City vacated a portion of the roadway easement adjoining the property and
designated the front lot line as the east property line, the rear lot line as the west property line and the
north and south lot lines as side lot line.
On July 3, 2001, the City issued a permit for a detached garage.
On October 22, 2015, the City issued a demolition permit for a pool (pool appears on 1969 aerial photos
and predates zoning code).
Numerous other permits for interior maintenance and improvements are on file.
The previous owners of the property filled the wetland up and portions of it have been restored by the
Johnsons (current homeowners).
DISCUSSION
The applicant is requesting a variance to permit the use of a 10-foot averaged buffer strip instead of the
required 40-foot minimum buffer requirement to allow an addition of 11’ x 20’ sunroom on a lot zoned
Single-Family Residential. The house was built in 1963 and predates the 1972 adoption of the zoning
ordinance. The current home is within the 40-foot primary structure setback requirement from the
required wetland buffer. The applicant has stated that enforcement of the buffer requirement would
create practical difficulties and impose unnecessary burdens on them as it would prevent any additions
to the south side of their home. The applicant feels that the presence of a preserve class wetland over the
southern portion of the property and nonconforming location of the home create a practical difficulty
which necessitates the requested variance. They have noted that a shed or other accessory structure of
the same size and located in virtually the same spot as the project would comply with the City’s 20-foot
accessory structure wetland buffer setback requirement for accessory structures (Section 20-411(b)) and
could be built. The applicant believes that the size of the sunroom they are proposing is reasonable and
notes that their home is significantly smaller than the neighboring houses.
It has been the City’s general practice to require properties with existing nonconforming wetland
setbacks to maintain those setbacks and not encroach further into the required wetland setback and the
applicant’s proposed sunroom would be intensifying an existing nonconformity. This case is unique in
that the Johnsons are proposing restoring a wetland that was removed by previous owners and to
establish a buffer where no buffer is currently present. The applicant’s proposed wetland restoration and
10-foot averaged buffer will result in 5,218 square feet of restored wetland and 1,220 square feet of new
buffer. Since the total of 6,438 square feet of restored wetland and established buffer are significantly
more than the 4,732 square feet of buffer that would be required under ordinance, staff believes that
granting the requested variance for a 10-foot averaged buffer will actually result in a superior result for
the City. The requested variance will also result in the home no longer being a nonconforming structure,
which will mean that future modest improvements would not require variances. For these reasons, staff
supports the requested variance.
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A full discussion can be found in the attached staff report.
RECOMMENDATION
Staff recommends that the Planning Commission approve the requested 10-foot averaged wetland buffer
and adopt the attached findings of fact and decision, subject to the following conditions of approval:
1. The delineated wetland edge and required wetland buffer and structure setbacks shall be shown on
the building permit survey.
2. A permanent 10-foot native vegetated buffer with permanent buffer signs must be installed as
outlined in the variance exhibit submitted by the applicant. The buffer may be configured around the
path and stairs. The buffer design and vegetation must be approved by the water resources engineer and
installed in conjunction with the proposed home addition project.
3. A wetland buffer agreement describing the precise location and extent of the buffer strip, as well as
the restrictions for activities within the buffer strip, shall be signed by the property owner and the City
and shall be recorded against the property at the county recorder's office. The property owner shall be
responsible for all costs and fees associated with the buffer strip dedication.
4. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources and the
Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be obtained prior to
any site improvements.
5. The applicant shall obtain all required permits from review agencies with jurisdictional authority.
ATTACHMENTS
Staff Report
Findings of Fact and Decision
Variance
Application for Development Review
Narrative
695 Pleasant View Survey
Wetland Buffer & Wetland Enhancement Map
WRE Memo
Affidavit of Mailing
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CITY OF CHANHASSEN
PC DATE:November 1, 2022
CC DATE: November 28, 2022
REVIEW DEADLINE:
November 29, 2022
CASE #:PC 2022-15
BY: OA
SUMMARY OF REQUEST:
The applicant is requesting a 30-foot wetland buffer variance and the use of buffer averaging to
allow the addition of a sunroom. The home is a nonconforming structure as it is located within
the 40-foot primary structure wetland buffer setback. Granting the requested variance would also
remove the home’s nonconforming status and allow the addition of the sunroom.
LOCATION:695 Pleasant View Road
APPLICANT: Ryan Steve Johnson
695 Pleasant View Road
Chanhassen, MN 55317
PRESENT ZONING:“RSF” -Single-
Family Residential District
2040 LAND USE PLAN: Residential
Low Density
ACREAGE:.65 acres
DENSITY: NA
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.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSED MOTION:
“The Chanhassen Planning Commission as the Board of Adjustment and Appeals approves a
variance for a 10-foot averaged wetland buffer for the construction of an addition, subject to
the conditions of approval, and adopts the findings of fact and decision.”
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395 Red Cedar Point Road
November 1, 2022
Page 2 of 7
PROPOSAL/SUMMARY
The applicant is requesting a variance to permit the use of a 10-foot averaged buffer strip instead
of the required 40-foot minimum buffer requirement to allow an addition of a 11’ x 20’ sunroom
on a lot zoned Single-Family Residential. The house was built in 1963 and predates the 1972
adoption of the zoning ordinance. The current home is within the 40-foot primary structure setback
requirement for the wetland buffer. The applicant has stated that enforcement of the buffer
requirement would create practical difficulties and impose unnecessary burdens on them as it
would prevent any additions to the south side of their home. The applicant feels that the presence
of a preserve class wetland over the southern portion of the property and the nonconforming
location of the home create a practical difficulty which necessitates the requested variance. They
have noted that a shed or other accessory structure of the same size and located in virtually the
same spot as the project would comply with the City’s 20-foot accessory structure wetland buffer
setback requirement for accessory structures (Section 20-411(b)) and could be built. The
applicant believes that the size of the sunroom they are proposing is reasonable and notes that
their home is significantly smaller than that of the neighboring houses.
It has been the City’s general practice to require properties with existing nonconforming wetland
setbacks to maintain those setbacks and not encroach further into the required wetland setback
and the applicant’s proposed sunroom would be intensifying an existing nonconformity. This
case is unique in that the Johnsons are proposing restoring a wetland that was removed by
previous owners and will establish a buffer where no buffer is currently present. The applicant’s
proposed wetland restoration and 10-foot averaged buffer will result in 5,218 square feet of
restored wetland and 1,220 square feet of new buffer. Since the total of 6,438 square feet of
restored wetland and established buffer are significantly more than the 4,732 square feet of
buffer that could be required under ordinance, staff believes that granting the requested variance
for a 10-foot averaged buffer will actually result in a superior result for the City. The requested
variance will also result in the home no longer being a nonconforming structure, which will
mean that future modest improvements would not require variances. For these reasons, staff
supports the requested variance.
APPLICABLE REGUATIONS
Section 20-406, Wetland Buffer Strips and Setbacks.
Section 20-411, Placement of Structures.
Section 20-615, Lot Requirements and Setbacks.
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
BACKGROUND
Country records indicate that the house was constructed in 1963.
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395 Red Cedar Point Road
November 1, 2022
Page 3 of 7
On June 11, 2001, the City vacated a portion of the roadway easement adjoining the property and
designated the front lot line as the east property line, the rear lot line as the west property line and
the north and south lot lines as side lot line.
On July 3, 2001, the City issued a permit for a detached garage.
On October 22, 2015, the City issued a demolition permit for a pool (pool appears on 1969 aerial
photos and predates zoning code).
Numerous other permits for interior maintenance and improvements are on file.
The previous owners of the property filled the wetland up and portions of it have been restored by
the Johnsons (current homeowners).
SITE CONSTRAINTS
Bluff Creek Corridor
This is not encumbered by the Bluff Creek Overlay District.
Bluff Protection
There are no bluffs on the property.
Floodplain Overlay
Portions of the southern edges of the property are within the FEMA Flood Zone; however, no
portion of the proposed project will take place within the area.
Shoreland Management
The property is located within a Shoreland Protection District and has Lake Frontage along the
southern lot line. This district requires a 75-foot structure setback from the lake’s ordinary high-
water level and limits the property to a maximum impervious surface coverage of 25 percent. It
also requires 90 feet of lot width and a minimum 20,000 square feet of lot area.
Wetland Protection
There is a wetland on the property classified by the city as Preserve, which requires a 40-foot
buffer and 40-foot wetland buffer setback. These are the highest value wetlands within the city
and state area. They place a critical role in the protection of local water quality, wildlife habitat,
and biodiversity. Even small impacts to Preserve Wetlands can have significant impacts to the
health of our water resource communities. It is difficult to impossible to replace any lost function
in Preserve Wetlands.
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395 Red Cedar Point Road
November 1, 2022
Page 4 of 7
The effectiveness of wetland buffers is directly connected to their width. The city buffer
requirement for Preserve Wetlands is 40 feet. A reduced buffer could affect the function and
health of this Preserve Wetland, and may have downstream impacts on Lotus Lake. The
proposed development will not alter this wetland, but will rather restore some portion of lost
wetlands; however, the wetland buffer requirements are not being met and a variance is required.
Wetland
Classification
Principal
Structure
Setback from
Buffer Edge
(feet)
Accessory
Structure
Setback from
Buffer Edge
(feet)
Permanent
Buffer
Strip Minimum
Width (feet)
Percent of
Buffer
Strip in Native
Vegetation
Preserve 40 20 40 100%
NEIGHBORHOOD
The plat for this area was recorded in September of 1961. The immediate neighborhood is
atypical in that access is provided to homes via a private drive partially overtop a communally
owned outlot that was previously unutilized City right-of-way. Most of these homes in the
immediate area are newer construction that meet the requirements of the City’s zoning code;
however, the subject home is original to the development and nonconforming. The larger
neighborhood is a mix of older and newer homes with most homes appearing to meet the
requirements of the zoning code, though some structures are nonconforming.
Variances within 500 feet:
Case #Address Requested Issued Approved/Denied
2022-06 6430 Fox Path 4’ side yard
setback (garage
and house
expansion))
Approved 5’
with additional
18" for eave
Approved
2008-15 640 Pleasant View Rd.10' dock setback
(dock)
Replace dock
that will cross
10' setback from
extended
property lines.
Approved
2006-20 610 Pleasant View Rd.Denied
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395 Red Cedar Point Road
November 1, 2022
Page 5 of 7
Exemption from
min lot size for
second dock
1995-03 650 Pleasant View Rd.5' variance from
10' side yard
(additional
garage stall)-
Denied
ANALYSIS
Wetland Setback:
The City’s wetland ordinance establishes a 40-foot primary structure setback and 40-foot
wetland buffer for preserve wetlands in order to maintain water quality, serve to reduce flooding
and erosion, and act as sources of food and habitat for a variety of fish and wildlife which are an
integral part of the community's natural landscape.Due to the important role that the setback and
buffer play in protecting the quality of the City’s water resources and the potential for variances
from these standards to impact the City’s water resources, the City has historically been very
hesitant to grant wetland setback and buffer variances. When these properties with existing
nonconforming wetland setbacks apply for variances to expand, staff has typically recommended
that the expansion be required to maintain the existing wetland setback.
In this case, the existing home does not meet the required 40-foot primary structure wetland
buffer setback and is a nonconforming structure. The applicant is proposing to intensify this
nonconformity by constructing a 11’x 20’ sunroom addition to their home. In order to do this,
they are proposing restoring the wetland and creating a 10-foot averaged buffer. Granting this
proposed variance would remove the property’s nonconforming status as both the exiting home
and proposed addition would meet then the required 40-foot setback from the proposed wetland
buffer.
One of the findings necessary for granting a variance is that variances shall only be permitted
when they are in harmony with the general purposes and intent of the Chapter and when the
variances are consistent with the Comprehensive Plan. Chapter 20, Article 20-VI (Wetland
Protection) under Sec 20-401(a) of the City’s Code which looks at findings; intent; rules adopted
by reference states that “It is the intent of the city to promote the restoration of degraded
wetlands”. The applicant has agreed to restore approximately 2,649 square feet of wetlands with
native vegetation in addition the 2,569 square feet of native wetland vegetation that they have
previously restored. They have agreed to maintain this area as vegetated wetland and the
applicant has also agreed to install 1,220 square feet of wetland buffer. If the requested variance
is approved, it will result to the restoration of approximately 5,218 square feet of wetlands and
the addition of 1,220 square feet of wetland buffer. The applicant is doing this in exchange for a
reduction of the required wetland buffer by approximately 3,152 square feet (i.e. the ratio of
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395 Red Cedar Point Road
November 1, 2022
Page 6 of 7
restored wetlands to decreased buffer is 1.65:1). From an ecological perspective, wetland
restoration is often view more valuable than the buffer, which after all is only required to protect
the wetland. It should also be noted that there is currently no buffer present on the property so
the applicant’s proposed 10-foot averaged wetland buffer is an improvement to the existing
conditions.
Another findings necessary for granting a variance is when there are practical difficulties in
complying with the zoning ordinance. The practical difficulty is created by the existing home’s
location in relation to the wetland. As earlier mentioned, the building was built in 1963 and
predates the 1972 adoption of the zoning ordinance. Granting the requested variance will remove
the existing nonconformity by bringing the home into line with the required principal structure
wetland setback, since the requested a 10-foot average wetland buffer will allow the house to
meet the 40-foot building setback. It should be noted that the applicant can currently build a shed
or other accessory structure of the same size, located in a similar spot to the project which will be
in compliance with City’s 20-foot wetland buffer setback requirement for accessory structures.
The proposed addition is reasonable as sunrooms are typical feature of homes and existing home
is of relatively modest size with 2,208 square feet of living area. As point of comparison the
surrounding homes are 4,402 square feet (675 Pleasant View Road), 3,842 square feet (665
Pleasant View Road), 3,350 square (745 Pleasant View Road), and 4,497 square feet (735
Pleasant View Road). Even after the proposed 220 square foot addition the home will be
significantly smaller than the other homes in the neighborhood.
Finally, another finding necessary for granting a variance is that the variance, if granted, will not
alter the essential character of the locality. The project involves significant wetlands restoration,
which will benefit Lotus Lake and the adjacent wetland area in a manner that advances the city’s
comprehensive plan and wetland management policy, and enhances the natural character of the
area. The addition of rear sunroom would not be expected to impact neighboring properties.
Again, the applicant’s home is of modest in size and will remain so at completion of the project.
There is no reason to believe that a small addition on the rear of the property would negatively
impact surrounding properties.
Given the modest nature of the proposed addition and proposed improvements to the property’s
wetland, staff believes that approving the requested variance represents an appropriate balance
between protecting the City’s water resources and allowing the applicant reasonable use of their
property. For the reasons stated above, staff supports the proposed variance.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments,
approve a ten-foot averaged wetland buffer for the construction of a sunroom and adopt the
attached Findings of Facts and Decision, subject to the following conditions:
1. The delineated wetland edge and required wetland buffer and structure setbacks shall be
shown on the building permit survey.
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395 Red Cedar Point Road
November 1, 2022
Page 7 of 7
2. A permanent 10-foot native vegetated buffer with permanent buffer signs must be
installed as outlined in the variance exhibit submitted by the applicant. The buffer may
be configured around the path and stairs. The buffer design and vegetation must be
approved by the water resources engineer and installed in conjunction with the proposed
home addition project.
3. A wetland buffer agreement describing the precise location and extent of the buffer strip,
as well as the restrictions for activities within the buffer strip, shall be signed by the
property owner and the city and shall be recorded against the property at the county
recorder's office. The property owner shall be responsible for all costs and fees associated
with the buffer strip dedication.
4. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural
Resources and the Riley Purgatory Bluff Creek Watershed District, and all applicable
permits shall be obtained prior to any site improvements.
5. The applicant shall obtain all required permits from review agencies with jurisdictional
authority.
ATTACHMENTS
1. Findings of Fact and Decision
2. Variance Document
3. Development Review Application
4. Applicant’s Narrative
5. Certificate of Survey
6. Wetland Restoration Plans
7. WRE Memo
8. Affidavit of Mailing
G:\PLAN\2022 Planning Cases\22-15 695 Pleasant View Rd\Staff Report-695 Pleasant View Road
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Ryan Johnson wetland buffer variance for the construction of sunroom on a property
zoned Single Family residential District (RSF) – Planning Case 2022-15.
On November 1, 2022, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and mailed
notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
The legal description of the property is:
Lot 5, Block 4, Red Cedar Point Lake Minnewashta
3. Variance Findings – 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:It is the intent of the City Code and Comprehensive plan to protect the City’s water
resources. For this reason buffers and setbacks are required from wetlands. In this case,
previous owners have filled and degraded significant portions of the property’s wetland and
no buffer is currently present. The applicant is proposing to reestablish a significant portion
amount wetland and install a buffer meeting the City’s minimum standards in order to offset
the impacts of the requested wetland buffer variance. Additionally, the proposed increase in
lot cover is would be permitted under the City Code in a location even closer to the wetland,
were the applicant to create a free standing greenhouse rather than an attached sunroom.
Given the above, the requested variance represents an improvement to the existing conditions
and allows a level of impact the wetlands comparable or less than what applicant would be
entitled to without a variance. For these reasons, granting the requested variance is in line
with the intent of the zoning code and policies of the Comprehensive Plan.
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.
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Practical difficulties include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
Finding:The buffer and setback requirements associated with a preserve class wetland
prevent the applicant from constructing any additions to the southern portion of the home.
These constraints prevent the property owners from adding typical improvements such as a
deck or porch to their nonconforming home which is significantly smaller than the
neighboring residences.
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 property was platted in 1961 and the home was built in 1963. Both the plat and
home predate the City’s zoning ordinance and wetland protection standards. For this reason,
the lot is configured in a way that would not permitted under the current zoning code and the
home located in a place that would not be permitted by the current zoning code. The
landowner’s plight is due to the nonconforming nature of the property and the preserve
wetland located on the property.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The applicant has no rear neighbors and the location of the other surrounding homes
means that their view should not be impacted by the proposed porch. Additionally, the
additional will be over 200 feet from the lake’s ordinary high water level (OHWL) and would
not be expected to impact the view or experience of recreationists utilizing the lake. Finally, the
applicant’s home is significantly smaller than the surrounding structures and a modest increase
to its footprint would not impact the character of the neighborhood.
Regarding the environmental impacts, the wetland restoration and buffer that are part of the
project will represent a net improvement to the area’s existing conditions. These features will
help preserve the function of the preserve wetland bordering the lake, as well as the health of
the lake itself. Restoring the wetland will help preserve the essential character of locality.
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.
4.The planning report #2022-15, dated November 1, 2022, prepared by Olivia Adomabea,
et al. is incorporated herein.
DECISION
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The Planning Commission approves a variance for a 10-foot averaged wetland buffer for the
construction of an addition, subject to the conditions of approval, subject to the Conditions of
Approval.
1. The delineated wetland edge and required wetland buffer and structure setbacks shall be
shown on the building permit survey.
2. A permanent 10-foot native vegetated buffer with permanent buffer signs must be installed as
outlined in the variance exhibit submitted by the applicant. The buffer may be configured
around the path and stairs. The buffer design and vegetation must be approved by the water
resources engineer and installed in conjunction with the proposed home addition project.
3. A wetland buffer agreement describing the precise location and extent of the buffer strip, as
well as the restrictions for activities within the buffer strip, shall be signed by the property
owner and the city and shall be recorded against the property at the county recorder's office.
The property owner shall be responsible for all costs and fees associated with the buffer strip
dedication.
4. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources
and the Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be
obtained prior to any site improvements.
5. The applicant shall obtain all required permits from review agencies with jurisdictional
authority.
ADOPTED by the Chanhassen Planning Commission this 1st day of November, 2022.
CITY OF CHANHASSEN
BY:
Its:
g:\plan\2022 planning cases\22-15 695 pleasant view rd\findings of fact and decision 695 pleasant view road.docx
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CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2022-15
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves a variance for a 10-foot
averaged wetland buffer for the construction of an addition, subject to the conditions of
approval, subject to the Conditions of Approval.
2. Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as:
Tract A, Registered Land Survey No. 18, Carver County, Minnesota,
Also:
An undivided one-third of Tract D, Registered Land Survey No. 18.
3. Conditions.The variance approval is subject to the following conditions:
1. The delineated wetland edge and required wetland buffer and structure setbacks shall be
shown on the building permit survey.
2. A permanent 10-foot native vegetated buffer with permanent buffer signs must be
installed as outlined in the variance exhibit submitted by the applicant. The buffer may
be configured around the path and stairs. The buffer design and vegetation must be
approved by the water resources engineer and installed in conjunction with the proposed
home addition project.
3. A wetland buffer agreement describing the precise location and extent of the buffer strip,
as well as the restrictions for activities within the buffer strip, shall be signed by the
property owner and the city and shall be recorded against the property at the county
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recorder's office. The property owner shall be responsible for all costs and fees associated
with the buffer strip dedication.
4.The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural
Resources and the Riley Purgatory Bluff Creek Watershed District, and all applicable
permits shall be obtained prior to any site improvements.
5. The applicant shall obtain all required permits from review agencies with jurisdictional
authority.
4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not
been substantially completed, this variance shall lapse.
Approved by Planning Commission: November 1, 2022
CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
(SEAL)
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2022 by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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Memorandum
To:Olivia Adomabea, Community Development Intern
From:Joe Seidl, Water Resources Engineer
CC: Charles Howley, Public Works Director/City Engineer
George Bender, Assistant City Engineer
Erik Henricksen, Project Engineer
Date:10/20/2022
Re:Variance Review at 695 Pleasant View Rd – Planning Case #2022-
15
Water Resources has reviewed the variance submittal for 695 Pleasant View Rd. These
comments are divided into two categories: general comments and proposed conditions.
General comments are informational points to guide the applicant in the proper planning for
this project, to inform the applicant of possible extraordinary issues and/or to provide the basis
for findings. Proposed conditions are requirements that Water Resources recommends be
formally imposed on the application in the final order. Note that references to the “City
Standards” herein refer to the City of Chanhassen Standard Specifications and Detail Plates.
General Comments/Findings
1. Any and all plans submitted with this application have been reviewed only for the purpose
of determining the feasibility of the project and that the proposal is in accordance with City
Codes and Standards. A recommendation of variance approval does not constitute final
approval of plans and/or details. The applicant is required to submit detailed construction
drawings for the project, as applicable.
2.The applicant is requesting a variance from the 40 feet buffer requirement defined in
Chanhassen Code, Section 20-411 to facilitate the construction of a small addition to the
home approximately 220 square feet in size. The setback variance for a wetland buffer with
a preserve classification is 40 feet
3. The existing home extends into the wetland setback area by approximately 10 feet on the
west side of the property. The proposed addition would extend the home footprint another
11 feet to the south resulting in a wetland setback of approximately 19 feet to the 40 foot
26
buffer. The project site is located on the north shoreline of Lotus Lake. The wetland on the
property acts to filter and absorb nutrients and pollutants before they enter the Lake.
4. Shoreland wetlands are critical to the health of lake ecosystems and have numerous
benefits including shoreline protection, habituate enhancement, water quality
improvement, and flood abatement.
5. The home was constructed in 1963 before the City of Chanhassen adopted city ordinance to
create permanent buffer strips with new developments starting in May 2007. The City of
Chanhassen’s Local Surface Water Management Plan and City Ordinance outline the
process to create permanent buffer strips for older, non-conforming lots.
The City of Chanhassen’s Local Surface Water Management Plan Policy 2.14 reads:
“Protect shorelands and water resources. All properties are required to have native
vegetated buffer adjacent to wetlands, storm ponds, and water resources. Non-
conforming properties, and lots of record shall be brought into compliance when
applying for permits or variances to improve the property. Non-conforming buffers
should attempt to meet regulatory requirements whenever possible. The minimum non-
conforming buffer width shall be 10’.”
City Ordinance - Shoreland Management District Section 20-490 of states:
In evaluating all variances, zoning and building permit applications, or conditional use
requests, the zoning authority shall require the property owner to address, when
appropriate, stormwater runoff management, reducing impervious surfaces, increasing
setback, restoration of wetlands, vegetative buffers, sewage treatment and water
supply capabilities, and other conservation-designed actions.
6. A wetland delineation was completed by the applicant and approved on September 20
th,
2022. The Wetland Buffer and Wetland Enhancement Map exhibit created by the applicant
shows the wetland location and the proposed buffer areas.
7. The buffer plan proposed by the applicant conforms with City Code for a non-conforming
lot. The area of the proposed buffer is approximately 1,220 square feet and the parcel
length is approximately 86 feet resulting in an averaged buffer strip of 14 feet. As part of
the project the applicant has agreed to reestablish the wetland area which was previously
managed as turfgrass by the previous owner. The applicant has already intentionally
restored approximately 2,600 square feet of managed turf in the wetland to native
vegetation.
27
8. City code outlines the wetland buffer agreement required for non-conforming lots. The
buffer agreement describes the precise location and extent of the buffer strip, as well as the
restrictions for activities within the buffer strip. The agreement shall be signed by the
property owner and the city and shall be recorded against the property at the county
recorder's office.
9. The water resources department supports the variance request. The proposed variance
request would create a structure setback of approximately 59 feet from the wetland
boundary, and about 56 feet from the edge of the buffer. The project would reestablish the
wetland on the property and create/memorialize the adjacent buffer strips acting to
improve and protect the downstream water resources. The impact of the small home
addition would be offset by the wetland and buffer areas created. More information is
needed to confirm the native vegetation types to be planted as part of the project. See
condition 1. The buffer strip shall be memorialized with an agreement as outlined in City
Code section 20-411. See condition 2. Lastly, any and all improvements on the Site must
meet applicable jurisdictional requirements. See proposed condition 3.
Proposed Conditions
1. A permanent 10 - foot native vegetated buffer with permanent buffer signs must be
installed as outlined in the variance exhibit submitted by the applicant. The buffer may
be configured around the path and stairs. The buffer design and vegetation must be
approved by the water resources engineer and installed in conjunction with the
proposed home addition project.
2. A wetland buffer agreement describing the precise location and extent of the buffer
strip, as well as the restrictions for activities within the buffer strip, shall be signed by
the property owner and the city and shall be recorded against the property at the
county recorder's office. The property owner shall be responsible for all costs and fees
associated with the buffer strip dedication.
3. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural
Resources and the Riley Purgatory Bluff Creek Watershed District, and all applicable
permits shall be obtained prior to any site improvements.
28
29
CITY OF CHANHASSEN
STATE OF MINNESOTA)
) ss.
COLTNTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
October 20,2022, the duly qualified and acting City Clerk of the City ofChanhassen,
Minnesota; that on said date she caused to be mailed a copy ofthe attached notice to Consider a
request for a variance to construct i sunroom/greenhouse addition on property located at
695 Pteasant View Road Zoned Single-Family Residentiat @S$. ApplicanUOwner: Ryan
Johnson.
to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the
United States mail with postage fully prepaid thereon; that the names and addresses of such
owners were those appearing as such by the records ofthe County Treasurer, Carver County,
Minnesota, and by other appropriate records.
lm M ,C Clerk
Subscribed and swom to before me
this Z0 day ot hC10h,,.,2022.
JENNIFER ANN POTTER
Notary Public-Minnesota
My Commi$bo Erdr.6 J.n 3t, 2027
t
iotary Public
AFFIDAVIT OF MAILING NOTICE
30
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Subiect
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This map is neather a legally recorded map nor a suNey and is not intended to be used
as one. This map is a compilation of Gcords, infornation and data located in vadous cjty,
county, strate and fedeEl offces and other sources regarding the area shown, and is to
be used for refe.ence purposes only. The City does not wanant that the GeogEphic
lnformation System (GlS) Data used to prepare this map are enor free, and the City does
not rcpresenl that the GIS Data can be used for navigational, tracking or any other
purpose requiring exactlng measurement of distance ol directon or precision in the
depiction of geooraphic features. The preceding disclaimer is povided puBuanl lo
Minnesol,a Statdes y66 03. Subd. 21 (2000), and the user of this map ackno/ledges
that the City shall not be liable fo. any damages, and expressly vraives all claims, and
agrees lo deiend, indemniry, and hold harmless the City from any and all daims brought
by Ljser, its employees d agents. o. third parties whidl aise out of the use/s access or
use of data provided
(Next Record D(TAX_NAME),
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as one. This map as a @mpilatron ol records, infomation and datra located in various city,
county, state and federal oftces and other sources regading the area shown, and is lo
be used for reference purposes only. The City does not wanant that the Geog€phic
lnformation System (GlS) Data used to prepare this map are eror free, and lhe City does
not represent that lhe GIS Data can be used for navigational, facling or any other
purpose requiring exacijng measurement of distance o. direction or precision in lhe
dedction of geographic features. The preceding dasdaimer is provided pursuant lo
Minnesotra Statutes 5466.03, Subd. 21 (2000). and the user of this map ackno^/ledges
thal the City shall not be liable for any damages, and expressly waives all claims. and
agrees to deiend. indemnify. and hold harmless the CiV lrom any and all claims broughl
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33
Planning Commission Item
November 1, 2022
Item Approve Planning Commission Meeting Minutes dated October 18, 2022
File No.Item No: D.1
Agenda Section APPROVAL OF MINUTES
Prepared By Jenny Potter, Sr. Admin Support Specialist
Applicant
Present Zoning
Land Use
Acerage
Density
Applicable
Regulations
SUGGESTED ACTION
"The Chanhassen Planning Commission approves its October 18, 2022 meeting minutes."
SUMMARY
BACKGROUND
DISCUSSION
RECOMMENDATION
34
ATTACHMENTS
10.18.2022 PC Minutes.pdf
35
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
OCTOBER 18, 2022
CALL TO ORDER:
Chairman von Oven called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Eric Noyes, Mark von Oven, Erik Johnson, Perry Schwartz, Edward
Goff, Kelsey Alto.
MEMBERS ABSENT: Ryan Soller.
STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Young-
Walters, Associate Planner.
PUBLIC PRESENT: None.
PUBLIC HEARINGS:
1. VARIANCE EXTENSION CODE AMENDMENT
Community Development Director Aanenson gave a presentation on the item, noting the
proposed change is to City Ordinance for an extension of variances. Currently variances expire
after one year and there have been some circumstances with unusual constraints as to why it has
not gone forward. The goal is to provide flexibility to accommodate extenuating circumstances,
and it would also prevent the Planning Commission from re-hearing cases where the presumable
result would be the same.
Noyes clarified the extension still has to be requested by the applicant.
Ms. Aanenson replied in the affirmative.
Noyes noted the City has the ability to deny the extension if it is a frivolous reason of some sort.
Ms. Aanenson replied in the affirmative. She noted the Applicant would request a timeline and
the City would evaluate whether it is reasonable. They would not want to keep extending and
extending.
Chairman von Oven opened the public hearing. There were no public comments
Chairman von Oven closed the public hearing.
Commissioner Noyes moved, Commissioner Goff seconded that the Chanhassen Planning
Commission recommends that the City Council adopt the proposed amendment to Chapter
36
Planning Commission Minutes – October 18, 2022
2
20 of the City Code concerning variance extensions. All voted in favor and the motion
carried unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES:
APPROVAL OF PLANNING COMMISSION MINUTES DATED SEPTEMBER 20, 2022
Commissioner Noyes noted the summary Minutes of the Planning Commission meeting
dated September 20, 2022 as presented.
ADJOURNMENT:
Commissioner Johnson moved to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 6 to 0. The Planning Commission meeting was
adjourned at 7:08 p.m.
Submitted by Kate Aanenson
Community Development Director
37
Planning Commission Item
November 1, 2022
Item Bluff Creek Overlay District
File No.Item No: I.1
Agenda Section OPEN DISCUSSION
Prepared By Jenny Potter, Sr. Admin Support Specialist
Applicant
Present Zoning
Land Use
Acerage
Density
Applicable
Regulations
SUGGESTED ACTION
SUMMARY
BACKGROUND
DISCUSSION
RECOMMENDATION
ATTACHMENTS
38
Bluff Creek Overlay Info from 1996 Plan
Bluff Creek Overlay Ordinance
39
40
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I.A Project t3ac~grolAVld The Bluff Creek Watershed is named after Bluff Creek, which runs
approximately 6.6 miles along the central part of the watershed. The creek
winds its way from a large wetland complex southeast of Lake Minne-
washta through rolling hills and descends into bluffs dropping more than 70
feet into the lower valley before discharging into Rice Lake and the
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stream as opportunities arise and funding permits. The City has already
acquired portions of the corridor through easement and fee title as
development has occurred. Currently, the Parks Department is looking at
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Bluff G-eek wllll/kely experience increasing volumes of runoff associated with new
developrnent in the corning years.
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areas within the lower portion of the stream to acquir-e (Bluff Creek Park,
Power Hill Park and Stone Creek Park) in an attempt to protect, preserve,
enhance and/or restore its natural features. Serious efforts began in 1993
to produce a watershed plan that would look at the system as a whole,
rather than individual parts.
The City's Stormwater Management Plan was a first attempt to protect the
natural conditions of the creek. The Plan provides recommendations for
the protection and preservation of Chanhassen's surface water features.
The City is taking a bold step to identify its vision not for the next few years
but for generations to come.
In 1994, the City identified a need for a process to prepare and implement
this Natural Resources Plan for Bluff Creek, which would include a
partnership among community, state, county and federal agencies;
nonprofit organizations, and the private sector (businesses and
developers).
In 1995, Steering and Technical Committees were formed. Steering
Committee members were recruited through the Chanhassen Villager,
Chanhassen newsletter and by word of mouth. It was the City's goal to
gather- a diverse group to serve as the "debate and compromise center" on
various issues. Steering Comrnittee members included:
Citizens
Landowners in the watershed
Representatives from the development community
A Planning Commission member
A City Council menlber
A park and recreation committee member
A repr-esentative from the business sector
A representative from a nonprofit organization
The Technical Committee was a compilation of experts in several natural
resource fields from several agencies, City Staff and the consulting firm of
Bonestroo, Rosene, Anderlik & ASSOCiates. They were kept informed on
issues and were called on an as-needed basis.
The City received letters of suppol1 to pursue a gr-ant from the Legislative
Commission for Minnesota Resources (LCMR). Suppol1ers included:
Boar-d of Water' and Soil Resour-ces
Minnesota Landscape Arbor-etum
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Metropolitan Council
Minnesota Valley National Wildlife Refuge
University of Minnesota Department of Landscape Architecture
Riley Purgatory Bluff Creek Watershed District
Carver County
Minnesota Department of Natural Resources
Heritage Development
Builders Association of Minnesota
Citizens
State legislator's serving on the LCMR 1995 Initiative toured the Bluff Creek
Watershed area; however, LCMR funding was not approved.
The Bluff Creek Watershed Plan did received funding from the City of
Chanhassen, the Minnesota Department of Natural Resources and the
Riley Purgatory Bluff Creek Watershed District in 1995. In addition, the
Metropolitan Council Water Quality Initiative has granted the City seed
funds to begin project implementation as designated by this plan. The City
is already pursuing other potential sources to fill the implementation
coffers. Those sources include:
The City of Chanhassen
The Riley Purgatory Bluff Creek Watershed District
The U.S. Fish and Wildlife Service
The McKnight Foundation
The City anticipates using the Plan as a tool for seeking further funding.
This plan presents the Steering Committee's vision and the means to
accomplish it through project implementation, education and financial
suppoli. Hopefully, 40 to 50 yeat-s from now, the citizens of Chanhassen
and the metropolitan area will look at Bluff Creek and the surrounding
environmental and recreational amenities and be grateful for- those who
had the foresight to protect and preserve this area.
I.B (OVlSE'vlSL15 BV1ilc1ivlg A Steering Committee was formed to reach a shared understanding on the
vat-ious issues at stake. The Committee was well represented by City
residents, land owners in the water-shed, developers, a business sector
representative, a planning commission member, a city council membe,', a
par-l< and recreation committee member, and a non-profit organization
representative.
r3lllff CreeR WCltersf1ed NCltl1V'Cl1 Resol1rces MClVlClgeVVlE'f1t PICll1 L-: \,~,-..J
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The Steering Committee's participation in the development of the Bluff
Creek Watershed Natural Resources Management Plan involved two
phases. In the first phase, participants were informed and educated on the
natural history of the watershed, from pre-settlement times to the present
day, along with human impacts and current demographic. The second
phase was intended to help participants develop a collective vision and
goals for the watershed its natural and artificially created features and
functions as they would like it to appear 40 to 50 years from now.
To gain a first -hand perspective of the current topography, vegetation,
wildlife habitat and land uses within the watershed and the surrounding
areas, the Committee toured selected sites along Bluff Creek. Committee
meetings were held in October, November and December of 1995. At
these three meetings, state agency staff and city staff presented historical
and contemporary data about:
Bluff Creek and its biology, geology, hydrology, and wildlife
Local and metropolitan settlement patterns and projections
Historical. current and proposed land uses within the watershed and
adjacent areas
L> The impact of land uses on the natural environment
Potential educational and interpretive uses of the Creek
At the Decernber meeting, Steering Committee members were asked to
start creating a personal vision of the watershed 40 to 50 years from now
by imagining "the worst and best outcomes" for the Bluff Creek natural
resources management efforts. In January 1996, the Steering Committee
began the process of formulating a vi~ion and setting goals for the
watershed.
At that meeting, attendees were divided into three random groups.
Concurrently, pal1iclpants at each table addressed the question: "What ar-e
the wor'st possible outconies that could occur in the Bluff Creek
Watershed 4050 years from now as the result of ~he Bluff Creek Natul'al
Resources Management Plan that we are helping to create?" (See
Appendix C for complete list) They then repeated the processes, asking
themselves for the "best pOSSible outcomes."
Following the January meeting, city and consultant staff then used all of the
best outcomes" to create the first draft of the Steering Committee's
collective vision.
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At both the Februilry and March meetings, participants were given the
opportunity to review the vision and to submit additional ideas for the
vision and goals. Changes were made through group consensus.
On a parallel track, the Technical Committee began its review of the vision
and goals to determine the implications of their implementation. The
Committee examine9 such areas as technical feasibility, long-term
management requirements, property ownership and acquisition, zoning,
and funding. The Committee's analysis led to specific site and content
recommendations that would fulfill the goals yet be consistent with natural
characteristics and artificially created constraints. Committee members also
delineated a set of primary and secondary boundaries for the al-ea affected
by the vision, revealing the total land mass to be taken into consideration.
The findings of the Technical Committee, presented at the Mar-ch and
April Steering Committee meetings, are identified in Section 4: Implications
of the Vision. The implications of implementing the vision were analyzed
and discussed. Then the participants were allowed to add substantively to
the vision (and consequently the goals) through the first draft of the
collective statelTlent until consensus was reached.
BIL1ff Creerz WClters~ed NCltL1wl ResoL1rces MClVlClgeVVleVlt Plm1 k:- H_~ ,~
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II, WGlteV's~ed VisioVl GlVld Goals
ILA IVltrodlActioVl Preparation of this Collective Statement was based on the premise that
we, together with plant and animal communities, share the place we have
as home. For our mutual health and well-being, we depend on the fresh
water, clean air and fertile soil of our native landscape. We exist within a
regional ecosystem that, in turn, is part of the global web of life. What we
do with our part affects the whole, and how we care for each other will
shape our future. We have the duty to nurture nature by preserving its
special beauty, protecting its species diversity and respecting our shared
habitat.
In Chanhassen, at the edge between the Great Prairie
Region and the Big Woods Region, we enjoy the
benefits of both a dynamic metropolis and a flourishing
countryside. Here, the Bluff Creek Watershed offers the
opportunity to exercise the highest qualities of civic
responsibility and environmental stewardship. As a
natural resource, this waterway presents rare aesthetic
and recreational possibilities. As a wild sanctuary, the
valley cut by Bluff Creek provides a vital wildlife habitat
and refuge from surrounding urbanization. As a part of a
regional ecosystem, it exists as an essential link to
recreational parkways and wildlife preserves encompas-
sing the area from lakes Minnetonka and White Bear to
the valleys of the St. Croix, Mississippi and Minnesota
Rivers. We envision our work as a process where
citizen education and involvement are essential to foster
sustainable communities in balance with nature.
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IIIB Collective StateWleVlt This Collective Statement represents the Vision for the watershed for the
year 2040; therefore, it should be read as if the year is 2040.
The best possible outcome of Chanhassen's management efforts for the
Bluff Creek Watershed would be that...
Bluff Creek is a model - the focus of identity and pride to the people of
Chanhassen, a community that is integrated with and celebrates its natural
environment. An achievable natural resources management plan has been
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developed. Its goals have met the needs of both natural systems and
people through integration of Chanhassen's more populated areas while
maintaining Bluff Creek's natural condition.
Watelshed management is shaled by various government agencies. private
groups and IIItelested parties While governmental agencies embrace
the plan. no government intervention is required to accomplish its goals.
The citizens care about natural areas and take an active role in
management and protection. Residents of all ages have volunteered to
maintain the pristineness of the watershed.
FutLl/e generations will be able to enjoy and appreciate the trees. wlldlrfe.
and nature 1/7 Bluff Oeek Its development process has become a pari
of a community education and involvement effort. with those who ueated
the plan continuing to protect the watershed.
The watershed lemams as rt is today wrth no mOle development rn
sensitive areas and no fLl/ther development besrde the Cleek Private
properiy ownership rights are recognized. Property available for
development within the existing Metropolitan Urban Service Area (MUSA)
is not taken through zoning. Property outside the MUSA can be acquired
without condemnation proceedings. Chanhassen would try to flcquire at
least an edge of property on the east bluff. Significant portions of property
within the eXisting MUSA that the plan intends to incorporate will be
acquired. Tax incentives are given to landowners for using their land for
conservation purposes. Ideally, no more people would move into the
area.
The design 15 one where people and nature span multiple ecos),'Stems
Development in Bluff Creek is ecologically designed, meaning
development IS determined by and built ~1round natural features. TherE: IS
ecosensitivernixed development (farms, housing, industry) with buffer
al'eas between development and wild areas. Development within the
watershed has been clustered to create more open space. There IS open
countryside between clustered nodes of development and several large
pieces of open land and woodland along the creek. Tributaries have been
preserved for recreation and to ensure sufficient habitat area for wildlife.
Thele are a vallety ofpreserved habrtats and enV/fonments (r. e. wetland
woodland. prall/e. ete). The natural areas have been stabilized by native
vegetation (i.e big woods. tall grass prairie. wetlands). Healthy fOl'ests and
wetlands aie pmtected by easernents and/or rnanagement agreements,
The lower valiey is a wild 11ature sanctuary with restricted access.
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There is a continuous greenway along the creek from the Minnesota River
to Lake Minnewashta - The creek corridor is more wild than
domesticated. The design of an open space network has protected
diverse wildlife habitats and cultural landscapes, such as farmland.
In addition, there is adequate access to trails, parking. facilities and
interpretive elements. There are numerous active areas for picnics to
minimize pressure on native wild areas.
The upper Cleek is accessIble for a valiety of uses including a trail system
on the upper and mIddle reaches. wtth possIble out-of-comdor
connections to observation areas A multiple use trail runs nor1h from
Pioneer Trail for biking, running and skiing. Side trails connect with
neighborhoods. A community park in the upper reaches is contiguous to
the trail system. There is a cross-country ski trail in the area and a bike trail
north of Lyman BoulevardlPioneer Trail. No motorized vehicles are
allowed in the greenway.
Stgmficant envlionmental areas thlOugh the comdor Will be IdentIfied and
priorttized with a rating system The spectacular lower creek has been
preserved in Its natural state with a rustic, limited-use nature trail running its
length. Upstream development is limited to preserve the lower ueek.
Areas once degr-aded have been restored and maximum protection against
pollution caused by urbanization has been achieved. The restoration goals
for the watershed are realistic. In the lower creek, preservation of woods,
stream quality, wetlands, wildlife and a nature sanctuary lets the sounds of
nature, not cars, be heal-d.
Habitats fOI the watersheds native aminals and plants WIll be defined
accoldli7g to thell" needs The former fields and drained wetlancJs of the
upper creek have been restored to the original big woods region
vegetation. All vegetation within 300 feet of the creek al-e preserved.
Invasive non-native species sllch as purple loosestrife and buckthorn are
eliminated. The creek supports fish and serves as a wildlife corridor
supporting deer, fox, turkeys, beaver and coyote. The wildlife is thr-Ivlng
and circulating freely throughout the greenway.
Water quality IS h(i;h tl7loughout the watershed The water quality IS
maintained and protected through recharge, infiltration, grassed waterways
and restored wetlands that absorb stormwater runoff. If needed, open
water storage areas either in-stream or upland are developed and natural
flood control is achieved through these restored wetlands as reservoirs in
the upper valley.
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Erosion is managed through bio-engineering techniques (See Section C in
Section 6). Gully erosion in the lower creek has been stopped by natural
means (i.e. runoff control and revegetation). It is a stable system requiring
minimum maintenance and expense. Bluff Creek and its tributaries are
restored to their natural water courses and are lined by natural wetland
vegetation. Creek highway crossings allow for a pleasing vista by passing
motorists, but ensure the continuity and natural integrity of the creek
corridor.
To be effective, wlld/;(e corridors and green ways will be connected to
larger preserves such as farmland and woodlands; therefore,
comprehensive planning goes beyond (the) creek corridor to connect
other natural areas. Bluff Creek is a link in a metropolitan chain of
recreational and wildlife habitat open spaces.
All children at Bluff O-eek ElementalY School are involved in watershed
awareness, The creek serves as a field laboratory for the schools, teachers,
and community. There is an interpretive nature center in the upper creek
near the school easily accessible to high volume activity. A multi-level
observation/education facility includes one short trail loop to the creek and
back in the lower reach. The Minnesota River bluffs are used as a scenic
overlook and as an educational resource. There is an interpretive nature
trail from the southwest regional Light Rail Transit to Pioneer Trail or
Lyman (walk-in only).
11.13 Coals The following goals for the Bluff Creek Watershed were Identified in the
Collective Vision Statement of the Steering Committee. The goals have
been arranged by categories in the order they'll be presented in th;s plan;
order does not refiect level of importance. The goals sel-ved as the main
pr'emise for the development of this plan.
Protection, Restoration dnd Enhancernent of Natural P,esources
a. Design a management scheme to maintain the environrnent/
habitat
b. Divide the watershed into regions 101 protection, restoration and
enhancernent
c. Define the type of wildlife and vegetation to be protected, plovlde
space for' habitat tolerance (densities) and designate areas to be
enhanced or restored
d. Define management techniques for designated eco-reglons (i.e.
wetlands, forest, prairie) and wildlife dleas
e. Protect water quality in the creek. tributaries, wetlands, ete.
f. Restore the creek and Its tributaries to their natural water courses
BILlff CreerZ WGlters~ed NGltLlV'Gl1 ResoLlrces MW1Glgemevlt PIWl
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g, Provide protection from water quantity (i.e. flow control, erosion
control, ete.)
Greenway
a, Acquire land to create a continuous greenway along the creek
from the Minnesota River to Lake Minnewashta
b. Create parks contiguous to the trail system.
c. Protect the lower reach from overuse
d. Provide adequate access to resources, with attention to trail
design, parking, facilities, and interpretive elements
e. Provide active areas (for picnics, ete.) to minimize pressure on wild
areas
f. Develop a multiple use trail that runs north from Pioneer Trail for
biking, running, skiing
g. Create side trails that link neighborhoods
h. Create out-of-corridor connections to observation areas
I. Connect the greenway to other natural areas such as woodlands
and large preserves such as farmland
J. Link the Bluff Creek Watershed to the existing metropolitan chain
of recreational and wildlife habitat open space~
k. Define the natural corridor's multiple parameters and provide
guidelines for developmental activity at the various levels within the
parameters
I. Prohibit access to the greenway by motorized vehicles
m. Manage the greenway network including areas for wildlife,
recreation and nature appreciation
Development
a. Preserve open space for ecological protection through
development options such as mixed or clustered development,
easements, and alternative zoning
b. Manage upstream development to dcconlpllsh the pl'eservation of
the lower creek
c. Maintain the naturalness of Bluff Creek by providing transition froln
populated areas to the corridor
d. Construction and management methods employed ar'e consistent
with the objective
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Educational
a. Develop a watershed awareness program for the entire
community, making the plan implementation process an on-going
effort
b. Provide interpretive nature centers in the upper reaches
c. Provide a multi-level observation facility. including a short loop to
the creek and back in the lower reaches
Community/Government Roles
a. Develop an achievable Natural Resources Management Plan
b. Secure cooperation and endorsement from the City, public
agencies, adjacent communities and the private sector
c. Distribute management and caretaking responsibility for the Bluff
Creek Watershed so that it is shared among multiple
representative stewards
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ARTICLE 20-XXXI BLUFF CREEK OVERLAY DISTRICT
Sec 20-1551 Purpose
Sec 20-1552 Intent
Sec 20-1553 District Application
Sec 20-1554 Conditional Use Permits
Sec 20-1555 Boundary Delineation
Sec 20-1556 Impervious Surface, Lot Coverage And Slopes
Sec 20-1557 Bluffs
Sec 20-1558 Site Views
Sec 20-1559 Density Clustering
Sec 20-1560 Standards And Guidelines For Single-Family Attached Or Cluster-Home PUDs
Sec 20-1561 Natural Habitat Preservation
Sec 20-1562 Natural Habitat Restoration Plan
Sec 20-1563 Open Space Requirements
Sec 20-1564 Structure Setbacks
Sec 20-1551 Purpose
The Bluff Creek Watershed Area and the development within it have a major influence on environmental
quality in the city and the region. Development within the corridor must be designed with utmost
sensitivity to the environment and the development pattern must be of a quantity and quality other than
what might occur in the absence of specific standards. The purpose of the district is to:
(a)Protect the Bluff Creek Corridor, wetlands, bluffs, and significant stands of mature trees through
the use of careful site design, protective covenants, sensitive alignment and design of roadways
and utilities, incorporation of natural features, landscaping, techniques outlined in the city's
surface water management plan, and the practices delineated in the city's surface water
management plan.
(b)Encourage a development pattern that allows people and nature to mix spanning multiple
ecosystems. Development in the corridor should be ecologically designed and built around
natural features such as trees, wetlands, and bluffs. Significant natural features should impact
development rather than development impacting significant natural features. The natural qualities
of the corridor should be preserved to ensure sufficient habitat area for wildlife.
(c)Promote innovative development techniques such as cluster development and open space
subdivisions to measurably reduce the amount of impervious cover compared to traditional
development practices resulting in significant portions of a site being retained as permanent,
protected open space.
(d)Foster the creation of a greenway connecting Lake Minnewashta Regional Park and the
Minnesota River Valley. The greenway will serve as an uninterrupted pedestrian trail, bikeway
system, and wildlife corridor affording opportunities for recreation, education, physical fitness and
nonmotorized transportation.
(e)Encourage cost effective site development. Open space design practices can reduce
infrastructure engineering and construction costs because of lot configurations, shortened
streets, and reduced utility runs. Long term cost savings can also be realized by the City of
Chanhassen associated with infrastructure maintenance costs.
(f)Implement the policies and recommendations found in the Bluff Creek Watershed Natural
Resources Management Plan. The terms, definitions and appendices found in the management
plan are incorporated herein.
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(Ord. No. 286, § 8, 12-14-98; Ord. No. 445, § 6, 2-12-07)
Sec 20-1552 Intent
The city intends that all development within the district including commercial, industrial and residential
uses should blend into the natural environment while protecting Bluff Creek and sensitive land areas
abutting and in the vicinity of the watercourse and its tributaries. The criteria by which new development
in the district shall be judged are as follows:
(a)Consistency with all provisions of the Comprehensive Plan which includes the Bluff Creek
Watershed Natural Resources Management Plan, as amended from time to time; the surface
water management plan; all provisions of the zoning ordinance and subdivision ordinance not
specifically overridden by the provisions of this district; and all other applicable land use
regulations.
(b)Preservation of the natural conditions found in the primary zone and to the greatest extent
possible, preserving significant resources and minimizing impacts in the secondary zone through
cluster development and other practices which minimize the removal of vegetation, minimize site
grading, and application of practices found in the city's surface water management plan.
(c)Creation of a suitable balance between the amount and arrangement of open space,
landscaping, view protection, bluff protection, and vegetation protection and the design and
function of manmade features.
(d)Creation of an interconnected open space network that preserves migratory patterns for wildlife.
(e)Creation of an interconnected open space network that provides recreational and educational
opportunities for people.
(Ord. No. 286, § 8, 12-14-98; Ord. No. 445, § 7, 2-12-07)
Sec 20-1553 District Application
The BCO District shall be applied or superimposed (overlaid) upon all zoning districts as contained
herein as existing or amended by the text and map attached to this ordinance. The regulations and
requirements imposed by the BCO District shall be in addition to those established for districts which
jointly apply. Under the joint application of the districts, the more restrictive requirements shall apply.
(Ord. No. 286, § 8, 12-14-98)
Sec 20-1554 Conditional Use Permits
(a)A conditional use permit shall be issued by the city for all subdivisions, site plans, and prior the
erection or alteration of any building or land within the BCO.
(b)All lots of record in existence and parcels of land located within the Bluff Creek Overlay District
on which a principal structure has been constructed prior to December 14, 1998, are exempt
from requiring a conditional use permit. Further subdivision of the property will require a
conditional use permit and shall comply with the Bluff Creek Overlay District.
(Ord. No. 286, § 8, 12-14-98; Ord. No. 364, § 1, 1-12-04)
Sec 20-1555 Boundary Delineation
(a)Generally. Primary and secondary zones shall be subject to the requirements established herein,
as well as restrictions and requirements established by other applicable city ordinances and
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regulations. The Bluff Creek Overlay District regulations shall not be construed to allow anything
otherwise prohibited in the zoning district where the overlay district applies.
(b)Boundaries; maps. The primary and secondary zones include land that is generally defined in
this ordinance and in the Bluff Creek Watershed Natural Resources Management Plan.
Boundaries as established by officially adopted city maps shall be prima facie evidence of the
location and type of watershed zone. The official maps shall be developed and maintained by the
planning department. The applicant shall provide appropriate technical information, including but
not limited to a topographical survey, flora and fauna survey and soil data deemed necessary for
the city to determine the exact watershed zone boundary. The community development director
shall make a determination to maintain the officially designated watershed zone boundary or if
the boundaries need to be corrected on city plans and maps based upon the data that is
supplied. Data for watershed zone delineation shall be generated and provided by a qualified
professional specializing in watershed management, environmental science or other related
profession. The applicant may appeal the community development director's determination of the
watershed zone boundary and type to the city council.
(Ord. No. 286, § 8, 12-14-98; Ord. No. 377, § 155, 5-24-04)
Sec 20-1556 Impervious Surface, Lot Coverage And Slopes
(a)To the greatest extent possible, all development shall minimize the amount of lot coverage by
clustering development, using common access drives and utility corridors and minimizing
building footprint size. Roads, walkways, bike trails, and parking areas must be designed parallel
to natural contours with consideration to maintaining consolidated areas of natural topography
and vegetation. Management of surface runoff caused by impervious surfaces shall be designed
using practices delineated in the city's surface water management plan.
(b)Within the secondary zone of the BCO district, areas with average slopes exceeding 25 percent
shall be preserved in their natural state and maintained as permanent open space. Areas with
average slopes less than 25 percent but greater than ten percent shall not exceed 25 percent lot
coverage. Lot coverage for areas where average slopes are less than ten percent shall be
governed by the underlying zoning district.
(Ord. No. 286, § 8, 12-14-98; Ord. No. 445, § 8, 2-12-07; Ord. No. 628, § 51, 12-11-17)
Sec 20-1557 Bluffs
Bluffs shall be preserved as provided for under article XXVIII.
(Ord. No. 286, § 8, 12-14-98)
Sec 20-1558 Site Views
Through environmentally sensitive design such as "terrain adaptive architecture" (see Figure 1),
landscaping and site planning, site views both to and from the BCO district shall be preserved and
enhanced to the greatest extent possible so as to maintain views that reflect and protect the natural
beauty of the BCO district. Special attention should be given to views that are highly accessible to the
public such as scenic overlooks, ridges and trails. Clustering of development away from natural
overlooks is encouraged.
Figure 1. "Published in APA PAS Report #466"
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(Ord. No. 286, § 8, 12-14-98; Ord. No. 377, § 156, 5-24-04)
Sec 20-1559 Density Clustering
Density clustering shall be allowed as a tool to facilitate cluster development within the Bluff Creek
Overlay District. Density clustering may be used in areas where portions of the site are unsuitable for
development because of the location of the primary zone. Density clustering shall not be allowed for
areas that are otherwise considered unbuildable due to wetlands, lakes and other areas not suitable for
building purposes.
In areas where density clustering is applicable, density may be transferred to unconstrained parts of the
site within land included in the secondary zone, subject to the restrictions of this ordinance, and within
land lying outside of identified zone areas. Additionally, the following conditions may qualify for density
clustering:
(a)Land slopes in the secondary zone that exceed 25 percent on average.
(b)Land in the secondary zone containing stands of native trees.
(c)Land with suitable natural habitat to endangered or threatened species or a fragile ecosystem.
Traditional Development Pattern
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Cluster Development
Industrial Cluster Development
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(Ord. No. 286, § 8, 12-14-98; Ord. No. 377, § 157, 5-24-04)
Sec 20-1560 Standards And Guidelines For Single-Family Attached Or Cluster-Home PUDs
Single-family attached, cluster, zero lot line, and similar dwelling types shall only be allowed on sites
designed for low, medium or high density residential uses by the City of Chanhassen Comprehensive
Plan.
(Ord. No. 286, § 8, 12-14-98)
Sec 20-1561 Natural Habitat Preservation
(a)Natural habitat areas within the primary zone shall be preserved as permanent open space. Any
development that occurs shall be directly related to the development of a continuous greenway
along the creek from the Minnesota River to Lake Minnewashta as outlined in the Bluff Creek
Watershed Natural Resources Management Plan.
(b)Where possible, any disturbances of natural habitat areas within the secondary zone shall be
avoided. Any alterations to the natural habitat within the secondary zone shall adhere to the
practices delineated in the city's surface water management plan.
(Ord. No. 286, § 8, 12-14-98; Ord. No. 377, § 158, 5-24-04; Ord. No. 445, § 9, 2-12-07)
Sec 20-1562 Natural Habitat Restoration Plan
If natural habitat areas located within the secondary zone will be disturbed during any stage of
development, the applicant shall submit a detailed plan identifying the resources that will be disturbed
and a corresponding restoration and/or mitigation plan. Such restoration might include wetland mitigation
and replanting of habitat significant to endangered and threatened species.
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(Ord. No. 286, § 8, 12-14-98)
Sec 20-1563 Open Space Requirements
Open space shall comprise 100 percent of the area located within the primary zone. The city will
establish the boundary for the primary zone using data provided by the applicant.
(Ord. No. 286, § 8, 12-14-98)
Sec 20-1564 Structure Setbacks
(a)All structures shall be set back a minimum of 40 feet from the primary zone, except as specified
below. No disturbances of the site shall occur within the first 20 feet of such setback from the
primary zone boundary.
(b)On parcels of land located within the Bluff Creek Overlay District on which a principal structure
has been constructed prior to December 14, 1998:
(1)The minimum setback from the primary zone shall be the existing principal structure
setback, if less than 40 feet.
(2)If the existing principal building or structure setback is less than 40 feet and greater than
or equal to 20 feet, then the first 50 percent of the established primary zone setback shall
remain undisturbed.
(3)If the existing principal building or structure setback is less than 20 feet there shall be no
grading or alterations beyond the existing setback.
(Ord. No. 286, § 8, 12-14-98; Ord. No. 364, § 2, 1-12-04; Ord. No. 377, § 159, 5-24-04; Ord. No. 394, §
1, 4-25-05)
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