CC Staff ReportCity Council Item
July 24, 2023
Item Resolution 2023-XX: Consider a Request for Approval of a Metes and Bounds
Subdivision at 2630 Orchard Lane
File No.2023-17 Item No: G.1
Agenda Section PUBLIC HEARINGS
Prepared By Bob Generous, Senior Planner
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
The Chanhassen City Council adopts a resolution approving a Metes and Bounds subdivision
creating two single-family lots subject to the conditions of approval, and adopts the Findings of Fact
and Decision."
Motion Type Simple Majority Vote of members present
Strategic
Priority Development & Redevelopment
SUMMARY
The applicant is requesting a metes and bounds subdivision of his property to create two building sites.
The city council may approve a metes and bounds subdivision of a lot into two lots if both resulting lots
meet the minimum requirements of the zoning ordinance and abut a public or private street. To the
extent possible, the new boundary line shall be parallel to a previously existing lot line. The city council
shall hold a public hearing on the proposed subdivision.
BACKGROUND
Minnewashta Park was platted in 1887. The existing house was built in 1982.
DISCUSSION
258
The applicant is requesting splitting a 1.79-acre parcel zoned Single-Family Residential and guided for
Residential Low-Density development into two lots. The minimum lot area and dimensions for both
proposed parcels exceed the city’s zoning code requirement. City sewer and water are available to the
property. The site is accessed via Orchard Lane.
BUDGET
RECOMMENDATION
Staff recommends that City Council approve the metes and bounds subdivision to allow the construction
of a single-family home subject to the conditions of approval and adopt the Findings of Fact and
Decision.
ATTACHMENTS
Resolution
Findings of Fact and Decision
Staff Report
Supporting Documents
Application for Development Review
Public Hearing Notice
259
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: July 24, 2023 RESOLUTION NO: 2023-XX
MOTION BY: SECONDED BY:
A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION
RICHARD J. BROWN, 2630 ORCHARD LANE
WHEREAS, Richard J. Brown has requested approval of a metes and bounds subdivision
creating two single-family lots on property in Chanhassen described as follows:
Lot 4, Minnewashta Park, Carver County, Minnesota
PID 255150030
WHEREAS, the property is guided for Residential Low-Density use; and
WHEREAS, the property is zoned Single-Family Residential District, RSF; and
WHEREAS, the proposed metes and bounds subdivision complies with all requirements of
the Chanhassen City Code; and
WHEREAS, the proposed metes and bounds subdivision adequately provides for water
supply, storm drainage, sewage disposal, streets, erosion control, and all other improvements required
by the city; and
WHEREAS, the proposed metes and bounds subdivision is consistent with the Chanhassen
Comprehensive Plan and Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves a metes and bounds subdivision consisting of two tracts, Parcels A and B, subject to the
following conditions of approval:
1. A building permit must be obtained prior to demolishing any structures on the site and before
beginning any construction on the site.
2. Building plans must provide sufficient information to verify that the proposed building meets all
requirements of the Minnesota State Building Code; additional comments or requirements may
be required after plan review.
3. A building permit must be obtained before beginning any construction.
4. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to
the top of the wall, must be designed by a professional engineer, and a building permit must be
obtained prior to construction. Retaining walls (if present) under four feet in height require a
zoning permit.
260
2
5. If any soil corrections are done on the property, a final grading plan and soil report must be
submitted to the Inspections Division before permits will be issued.
6. Public drainage and utility easements shall be recorded prior to, or concurrently with, the
recording of the subdivision in accordance with the Proposed Property Division plan drafted by
Advance Survey and Engineering Company, dated November 8, 2021.
7. The development fees associated with this subdivision shall be paid prior to the recording of the
subdivision. Fees are based on rates in effect at the time of recordation, and for 2023 they total
25,232.00 and are enumerated as such:
a. Partial hookup fees: a Water Hook-Up of $2,652.00 and a Sewer Hook-Up of $715.00
b. Surface water development fee: $16,065.00
c. Park dedication fee: $5,800.00
8. Park Dedication fee in the amount of $5,800 shall be paid prior to recording the subdivision.
9. A minimum of one tree shall be planted in the front yard of Parcel B.
BE IT ALSO RESOLVED that the City Council adopts the Findings of Fact and Decision.
PASSED AND ADOPTED by the Chanhassen City Council this 24th day of July 2023.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
261
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Richard J. Brown for Subdivision approval.
On July 24, 2023, the Chanhassen City Council met at its regularly scheduled meeting to
consider the application of Richard J. Brown for approval of a metes and bounds subdivision of
property into two lots. The City Council conducted a public hearing on the proposed subdivision
preceded by published and mailed notice. The City Council heard testimony from all interested
persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single-Family Residential district, RSF.
2. The property is guided in the 2040 Comprehensive Land Use Plan for Residential Low
Density uses.
3. The legal description of the property is:
Lot 4, Minnewashta Park, Carver County, Minnesota.
4.
5. The Subdivision Ordinance directs the City Council to consider seven possible adverse
effects of the proposed subdivision. The seven (7) effects and our findings regarding them
are:
a. The proposed subdivision is consistent with the zoning ordinances;
Finding:The proposed lots meet or exceed the minimum standards established by the
Single Family Residential District. No conflicts were found between the zoning ordinance
and the proposed subdivision.
b. 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 property’s guidance under the
City’s 2040 Comprehensive Plan and aligns with following polices and goals:
1) Land Use:
a. Create a mixture of development capable of providing a high quality of life
and a reliable tax base;
b. Encourage development within the MUSA;
262
2
c. Support low density residential development in appropriate areas of the
community in such a manner as to maintain the aesthetic of existing single-
family areas, and to create new neighborhoods of similar character and quality;
and
2) Housing:
a. Provide housing opportunities for all residents, consistent with the identified
community goals;
b. Housing development that respects the natural environment of the community
while striving to accommodate the need for a variety of housing types and costs;
c. and the city shall require development within the density range given by the
Comprehensive Plan;
No conflicts were found between the proposed subdivision and applicable city, county, and
regional plans.
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater
drainage are suitable for the proposed development;
Finding:The aforementioned physical characteristics of the site are conducive to residential
low densitydevelopment.
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control, and all other improvements required by the
subdivision ordinance, Chapter 18, and Water, Sewers and Sewage Disposal, Chapter 19;
Finding:Public water and sewer services, as well as access to a public street, are present,
and development is proposing erosion control, stormwater, and other improvements that
meet the requirements of the City Code.
e. The proposed subdivision will not cause significant environmental damage;
Finding:The proposed subdivision is not expected to cause significant environmental
damage.
f. The proposed subdivision will not conflict with easements of record; and
Finding:The proposed subdivision will not conflict with existing easements and the
applicant will grant additional easement along the proposed lot lines and over the property’s
wetland area.
g. The proposed subdivision is not premature since adequate infrastructure is available. A
subdivision is premature if any of the following exists:
1). Lack of adequate stormwater drainage.
263
3
Finding:The proposed stormwater Best Management Practices (BMPs) meet the
requirements of the city code.
2). Lack of adequate roads.
Finding:Access is provided by an existing public street.
3). Lack of adequate sanitary sewer systems.
Finding:The property will be served by the city’s sanitary sewer system
4). Lack of adequate off-site public improvements or support systems.
Finding:The proposed subdivision has access to adequate off-site public improvements and
support system.
5.The planning report #2023-17 dated July 24, 2023, prepared by Robert Generous et al, is
incorporated herein.
DECISION
The City Council approves the resolution approving the metes and bounds subdivision
creating two single-family lots subject to the conditions of the planning report.
ADOPTED by the Chanhassen City Council this 24th day of July 2023.
CHANHASSEN CITY COUNCIL
BY:___________________________________
Its: Mayor
g:\plan\2023 planning cases\23-17 2630 orchard lane metes & bounds lot split\findings of fact and decision 2630 orchard ln.docx
264
Application: Consider a request for a metes and bounds subdivision to create two lots and allow the
construction of a single-family home. (Planning Case #2023-17)
City Council Review Date: July 24, 2023, 2023
SUMMARY OF REQUEST: The applicant is requesting subdivision approval to create two lots.
LOCATION:2630 Orchard Lane (Lot 4, Minnewashta Park)
PID 255150030
APPLICANT:Richard Brown
2630 Orchard Lane
Excelsior, MN 55331
PROPOSED MOTION:
The Chanhassen City Council approves the resolution for a metes and bounds subdivision
creating two lots subject to the conditions of approval and adopt the attached Findings of Fact and
Decision.”
265
Page 2 of 6
PRESENT ZONING:Single-Family Residential, RSF
2040 LAND USE PLAN:Residential – Low Density
ACREAGE:1.79 acres (77,927 sq. ft.)DENSITY:1.12 units per acre
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city’s discretion in approving or denying a subdivision is limited to whether or not the
proposed subdivision meets the standards outlined in the Subdivision Regulations and Zoning
Ordinance. If it meets these standards, the city must approve the subdivision. This is a quasi-
judicial decision.
PROPOSAL/SUMMARY
The applicant is requesting the splitting of a 1.79 acre parcel zoned Single-Family Residential
and guided for Residential Low Density development into two lots. The minimum lot area and
dimensions for both proposed parcels exceed the requirement of the city’s zoning code.
APPLICABLE REGULATIONS
Chapter 18, Subdivision,
Chapter 20, Article XXII, RSF Single-Family Residential District
BACKGROUND
Minnewashta Park was platted in 1887.
The existing house was built in 1982.
EXISTING CONDITIONS
SITE CONSTRAINTS
Environmental Protection Districts
Bluff Creek corridor - This property is not located within the Bluff Creek Overlay District.
Wetland Protection - There are no wetlands on the site.
Bluff Protection - There are no bluffs on the property.
Shoreland Management - The property is partially located within a shoreland protection district
for Lake Minnewashta.
266
Page 3 of 6
Floodplain Overlay - This property is not within a floodplain adjacent to the lake.
SUBDIVISION REVIEW
The applicant is requesting a metes and bounds subdivision to create two lots. The lots are
proposed to be served via Orchard Lane.
Both the proposed lots meet the minimum area, width and depth requirements of the Zoning
Ordinance. Parcel A contains an existing single-family home.
Staff notes that the proposal is consistent with the Comprehensive Plan and the Zoning
Ordinance.
Approving the subdivision would create one additional buildable lot which would have access to
a public street and municipal services. The proposed subdivision would establish new drainage
and utility easements. The proposed amount of canopy cover preserved exceeds the minimum
required by city code.
267
Page 4 of 6
EASEMENTS
Drainage and utility easements shall be recorded along the new common property line.
GRADING
The applicant is proposing minimal grading for the proposed house on Parcel B. The preliminary
grading plans indicate that drainage will be routed away from the proposed new housing pad as
well as the existing home on Parcel A in accordance with City Ordinances.
SANITARY SEWER AND WATER MAIN
The proposed subdivision has access to adequate public sanitary and water service from the
existing eight-inch PVC sanitary main and six-inch DIP water main within Orchard Lane right-of-
way. As part of the street reconstruction project for Orchard Lane in 2022, the applicant paid to
install additional water and sewer stubs to his property for the additional lot.
SURFACE WATER MANAGEMENT FEES
Section 4-30 of City Code sets out the fees associated with surface water management. A water
quality and water quantity fee are collected with a subdivision. These fees are based on land
use type and are intended to reflect the fact that the more intense the development type, the
greater the degradation of surface water.
268
Page 5 of 6
This fee will be applied to the entire subdivision. It is calculated as shown in the table below
these are the 2023 rates and are subject to change in 2024):
Surface Water
Development
Fees
Area (acres)Per Acre Fee Fee
1.75 $9,180 $16,065.00
ASSESSMENTS
Water and sewer partial hookups are due at the time of recording of the subdivision. The
partial hookup fees will be assessed at the rate in effect at that time. The remaining partial
hookups fees are due with the building permit. Based on the proposal the following fees will be
collected prior to recording of the subdivision (these are 2023 rates and are subject to change
in 2024):
a) Partial hookup fees: a Water Hook-Up of $2,652 and a Sewer Hook-Up of $715.00
b) Surface water development fee: $16,065.00
c) Park dedication fee: $5,800.00
COMPLIANCE TABLE
Setbacks: Front - 30 ft., Side - 10 ft., Rear - 30 ft.
RECOMMENDATION
Staff recommends that City Council approve the metes and bounds subdivision to allow the
construction of a single-family home subject to the conditions of approval and adopt the
attached Findings of Fact and Decision.
1. A building permit must be obtained prior to demolishing any structures on the site and
before beginning any construction on the site.
Area
sq.
ft.)
Frontage
ft.)
Depth
ft.)
Lot Cover
Notes% impervious (sq. ft.)/
pervious (sq. ft.)
Code 15,000 90 125
25% (3,750 sq. ft.)/5%
750)
Parcel A 48,818 214.8 307 25% (12,204)
A portion of the lot is within the
shoreland district and not
allowed pervious pavers
Parcel B 27,422 90.4 305 25% (6,855)/5% (1,371)
Total 76,240 1.75 acres
269
Page 6 of 6
2. Building plans must provide sufficient information to verify that the proposed building
meets all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review.
3. A building permit must be obtained before beginning any construction.
4. Retaining walls (if present) more than four feet high, measured from the bottom of the
footing to the top of the wall, must be designed by a professional engineer and a
building permit must be obtained prior to construction. Retaining walls (if present)
under four feet in height require a zoning permit.
5. If any soil corrections are done on the property, a final grading plan and soil report must
be submitted to the Inspections Division before permits will be issued.
6. Public drainage and utility easements shall be recorded prior to, or concurrently with,
the recording of the subdivision in accordance with the Proposed Property Division plan
drafted by Advance Survey and Engineering Company, dated November 8, 2021.
7. The development fees associated with this subdivision shall be paid prior to recording of
the subdivision. Fees are based on rates in effect at the time of recordation and for
2023 they total $25,232.00, and are enumerated as such:
a. Partial hookup fees: a Water Hook-Up of $2,652.00 and a Sewer Hook-Up of
715.00
b. Surface water development fee: $16,065.00
c. Park dedication fee: $5,800.00
8. Park Dedication fees in the amount of $5,800 shall be paid prior to recording the
subdivision.
9. A minimum of one tree shall be planted in the front yard of Parcel B.
ATTACHMENTS
1. Findings of Fact and Decision
2. Resolution
3. Development Review Application.
4. Narrative.
5. Plans
6. Affidavit of Mailing.
270
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Building Sketch (Page - 1)
Borrower N/A
Property Address 2630 Orchard Ln
City Excelsior County 6srvg1 state MN zip code 55331
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Entrance
Bedroom Laundry
o^
n,
oA
o
Patio
Work Shop
Game Room
Family
Bedroom
Basement
Bath?.r
74',
13'
ul
22'
273
Buildins Sketch (Pase - 2)
Borrower N/A
Propefi Address 2630 Orchard Ln
City Excelsior County Carver State IMN Zip Code 55331
Lender/Client FHA
TOTAL Sketch by a la mode, inc.
Ljncovered Patio
Covered Porch
2 Car Garage
Covered Deck
Unfinished Basement
Basement
Area Calculations
140 Sq ft
56Sqft
396 Sq ft
96Sqft
166 Sq ft
1191 Sq ft
0.5x3x3
0.5x3x3
6x3
0.5x2x2
0.5x2xz
5x2
48x17
40x8
26x4
4.5
4.5
18
2
2
10
816
320
104
1281 SqftFirstFloor
1140 SqftSecondFloor
Total Area
25xt4
14x29
1?x32
350
406
384
14x10 =140
78x22 = 396
4xl4 = 56
12x8 = 96
13x7 = 91
l2x4 = 48
6x3 = 18
0.5x3x3=4.5
0.5x3x3= 4.5
15x6
14x11
73x7
17x8
18x40
90
154
91
136
720
2421 Sq ft
274
2Q9
COMM UNITY DEVELOPMENT DEPARTM ENT
Planning Division -7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952)227-1100 / Fax: (952)227-1110
CITY OT CIIAI{HASSII'I
HJ#,APPLICATION FOR DEVELOPMENT REVIEW
PC Date: _ CC Date:6GDay Review Date: _Submiftal Date:
Section 1 ication Type (check allthat apply)
Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
E Comprehensive Plan Amendment............
E Minor MUSA line for failing on-site sewers...
fl Conditional Use Permit (CUP)
E Single-Family Residence.
E ggooivision (sUB)
trtr Create 3 lots or less
Create over 3 lots .$600 + $15(_
lots)
Rtr Metes & Bounds (2 lots)
Consolidate Lots
Lot Line Adjustment..
FinalPlat.....
lncludes $450 escrow for attorney costs)*
Additional escrow may be required for other applications
E eltothers.........
lnterim Use Permit (lUP)
325
425
tr!ln conjunction with Single-Family Residence.. $325
All Others.... ............. $425
trtr Administrative .......... $100
Commercial/lndustrial Districts"$50o
600
100
through the development confact.
750 ! Vacation of Easements/Right-of-way (VAC)........ $300
100 (Additional recording fees may apply)
E Sign Plan Review ...........$150
E Site Plan Review (SPR)
n WettanO Alteration Permit (WAP)
trtr Single-Fam ily Residence
AllOthers....
300
per lot
300
150
150
700
1 50
275
100
500
M,
Ei-
Plus $10 per 1,000 square feet of building area:(_
thousand square feet)
lnclude number of g1g!49 employees:
lnclude number of ryemployees:!
Residential Districts $500
Plus $5 per dwelling unit (_ units)
Notification Sign (city to install and remove)
Property Owners' List within 500' (city to generate after pre-application meeting)
Zoning Appeal........
Zoning Ordinance Amendment (ZOA)
p[!: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application,
appry).......... 5.1-
E lnterim Use Permit
El Variance
fl Easements (- easements)
4 x $3 per address
addresses
50 per docum ent[l Escrow for Recording Documents (check all that
n Conditional Use Permit
E Vacation
E Metes & Bounds Subdivision (3 docs.)nntr Site Plan Agreement
Wetland Alteration Permit
Deeds
TOTAL FEE:
Section 2: Required Information
Description of Proposal:
Property
Parcel #:
Address or Location L
A dR
TotalAcreage:
Present Zoning
Present Land Use Desig nation: fg!"C O19
r?
Ty't wetands Present?
Select Onf
Y(L,-l
flyes N"
Requested Zoning Select One
Requested Land Use Designation:Select One
Existing Use of Property:Rn S ,[-ua^elr <-t
nCne* box if separate narrative is attached
2D
t*l
dD
Legal Description:
275
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additionalfees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any aulhorization to proceed with the study. lcertify that the information and exhibits submitted are true and correct.
Name:Contact:
Phone:Address:
City/State/Zip:
Email:
Signature
PROPERTY OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
Cell:
Fax:
Date
study- I
Name:
certifvr)'
l( tr,,h *rcL"J1 r(KJN
that the information and exhibits submitted are true and correct.
Contact:
Address:
City/State/Zip:
Email:
Signature:
PROJECT ENGINEER (if applicable)
Name:
3 Cell:
Fax:
bt2-fn+*3bL7-
N[0il<
Date:/l-/4-ZZ-
Address:
Contact
Phone:
City/State/Zip:
Email:
Cell:
Fax:
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before flling this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
Who should receive copies of staff reports?*Other Contact lnformation:
E Property owner Via: E Email
E Applicant Via: EEmailEEngineerVia: E Email
E other. Via: E Email
E Maited Paper copy
rr/laiteo Paper copy
E Maileo Paper copy
E rrilaiteo Paper Copy
Name:
Address:
City/State/Zip:
Email:
INSTRUCTIONS TO APPLICANT: Com plete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.
SAVE FORM PRINT FORM SUBMIT FORM
Ph^'o
Section 4: Notification lnformation
276
CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO. 2023-17
NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public
hearing on Monday, July 24, 2023 at 7:00 p.m. The purpose of this hearing is to consider a
request for approval of a Metes and Bounds subdivision of 1.79 acres into two single-family lots
for property located at 2630 Orchard Lane. Zoned Single-Family Residential (RSF).
Applicant/Owner: Richard Brown.
A plan showing the location of the proposal is available for public review on the city’s
website at www.chanhassenmn/ProposedDevelopments. All interested persons are invited to
express their opinions with respect to this proposal.
Bob Generous, AICP
Senior Planner
Email: bgenerous@chanhassenmn.gov
Phone: 952-227-1131
Publish in the Chanhassen Villager on July 13, 2023)
g:\plan\2023 planning cases\23-17 2630 orchard lane metes & bounds lot split\ph notice to villager 2630 orchard lane.docx
277