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CAS-01_3617 RED CEDAR PT RD - VARi i,Y-al CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 9, 2018 RESOLUTION NO: 2018-39 MOTION BY: Ryan SECONDED BY: Campion A RESOLUTION APPROVING A FINAL PLAT WITH A VARIANCE FOR RED CEDAR POINT WHEREAS, Estate Development Corporation has requested a subdivision of the property located at 3681 Red Cedar Point Road into two single-family lots with areas of 20,417 square feet and 23,572 square feet; and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code, and WHEREAS, the Chanhassen Planning Commission held a public hearing on June 19, 2018 and found the plan consistent with the Chanhassen Comprehensive Plan and Chanhassen Zoning Ordinance and recommended approval of the subdivision. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the final plat with a variance for Red Cedar Point, creating two lots subject to the following conditions: Building: 1. Provide a 1:200 "clean" plat drawing. 2. Demolition permits required for the removal of any existing structures. 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. Engineering: 1. Drawing 4 — Site and Utility Plan: a) Change detail 1006 (Gate Valve and Box Installation) to detail 1005 (Water Service). b) Add City details 5202A (Bituminous Street Patching), 5203 (Curb and Gutter), 5208 (Concrete Driveway), 5209 (Bituminous Driveway), and 5221 (Tie Card). c) An abandoned watermain exists between the sanitary sewer and the watermain. Add note to make this known to the sanitary sewer and water installation contractor. 2. Drawing 5 — Grading, Drainage, and Erosion Control Plan: a) Add City details 5301 (Rock Construction Entrance) and 5302B (Erosion Control for Individual Lots) b) Provide geotechnical report. c) Include first floor elevation of buildings on adjacent lots. d) Existing and proposed elevations shall be shown at each lot corner and top of the curb at the lot line extension. e) Identify proposed soil stockpile locations. f) If importing or exporting soils for the development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 3. SAC and WAC fees due at the rate in force at time of building permit application. Environmental Resources: Tree protection fencing must be properly installed at the edge of the grading limits as shown on the plans dated 5/15/18. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities shall be replaced. 2. No equipment or materials may be stored within the tree protection area. 3. One tree must be planted in the front of each yard, as per city requirements. Parks: 1. Park dedication fees for one lot at the rate in force at the time of final plat approval. Plannine: 1. An escrow of 110 percent of the estimated demolition costs for the demolition of the detached garage on lot 2, block 1 must be received, and the detached garage must be removed within four months of the approval of the final plat. Water Resources: l . All permits and approvals must be received from other regulatory agencies prior to issuing permits. 2. Must show existing and proposed drainage. 3. The applicant will need to pay the surface water management (SWMP) fee for 1.010 acres at the rate in force at the time of final plat approval. 2 Passed and adopted by the Chanhassen City Council this 9th day July of 2018. ATTEST: T d Gerhardt, City Clerk/Manager YES Laufenburger McDonald Ryan Campion Denny Lau nburg , Mayor NO ABSENT Tjornhom t" Document No. A659509 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Recorded on -March 19, 2018 4:30 PM Fee: $46.00 NIIMWIIIININ 659509 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2018-01 Kaaren Lewis County Recorder 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 an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance. 2. Pro e . The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 9, Block 4, Red Cedar Point Lake Minnewashta. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. A title search for the property should be conducted to ensure any/all existing easements are documented 3. A new 1 inch = 20 feet scale survey should be provided as part of the building permit application clearly showing the propose setbacks and lot coverage for the proposed house and structures. 4. At least one tree must be planted in front yard, if one is not present after construction. 5. Tree protection fencing must be properly installed at the edge of the grading limits across the entire south side. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities beyond those indicated in the tree removal plan shall be replaced. 6. No equipment may be stored within the tree protection area. 7. Appropriate tree protection measures must be taken to protect the rear yard ash from EAB. 8. The 162 square foot rear patio area is understood to be the property's water oriented structure. S t 9. Lot coverage may not exceed 3,319 square feet. 10. The proposed rear patio and driveway areas must be constructed using pervious paver systems. 11. A permanent 20-foot native vegetated buffer must be installed along the shoreline using species native to the ecotype with permanent buffer monuments. The buffer may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resources Coordinator. 12. The property owner must work with Minnehaha Creek Watershed District to identify and implement any shoreline restoration projects that would improve ecosystem health and function. Replace riprap with bioengineering solutions is one example. 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. Dated: February 12, 2018 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY:Z � Xenny Lau enburger, Idayor AND: t 1 J-U Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this t-- day of Ftbn�� , 2018 by Denny Laufenburger, Mayor and Todd Gerhardt, 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. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 VOTARY PUBLIC JJENWER ANN POTTER Notary Pu S ►M °" 2 aWg - vv o A CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 15, 2018 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider Amendments to Chapters 1, 4, 5, 7,1018, and 20 of Chanhassen City Code, including 1. Craft Alcohol Production 2. Beekeeping 3. Adult Daycare (accessory use in Office Institutional) 4. Pervious Pavers 5. Retail Pickup Signage The proposed changes are available for public review at City Hall during regular business hours or on the city's website at www.ci.chanhassen.mn.us/ amendments. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Walters, Assistant Planner Email: mwalters@ ci.chanhassen.mn.us Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday, May 3, 2018: No. 4580) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.�TO was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghij klmnopgrstuvwxyz 4M�9 Laurie A. Hartmann Subscribed and sworn before me on this day of '2018 N Public JYMME JEANNETTE BARK NOTARY PUBLIC • MINNESOTA 4 MY COMMISSION EXPIRES 01/311xi RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.97 per column inch /<�-01 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2018-01 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 an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 9, Block 4, Red Cedar Point Lake Minnewashta. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. A title search for the property should be conducted to ensure any/all existing easements are documented 3. A new 1 inch = 20 feet scale survey should be provided as part of the building permit application clearly showing the propose setbacks and lot coverage for the proposed house and structures. 4. At least one tree must be planted in front yard, if one is not present after construction. 5. Tree protection fencing must be properly installed at the edge of the grading limits across the entire south side. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities beyond those indicated in the tree removal plan shall be replaced. 6. No equipment may be stored within the tree protection area. 7. Appropriate tree protection measures must be taken to protect the rear yard ash from EAB. 8. The 162 square foot rear patio area is understood to be the property's water oriented structure. 9. Lot coverage may not exceed 3,319 square feet. 10. The proposed rear patio and driveway areas must be constructed using pervious paver systems. 11. A permanent 20-foot native vegetated buffer must be installed along the shoreline using species native to the ecotype with permanent buffer monuments. The buffer may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resources Coordinator. 12. The property owner must work with Minnehaha Creek Watershed District to identify and implement any shoreline restoration projects that would improve ecosystem health and function. Replace riprap with bioengineering solutions is one example. 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. Dated: February 12, 2018 CITY OF CHANHASSEN BY: C4� (SEAL) envy Lau enburger, ayor /I AND: -- 'W Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this I day of �(b►uaw, , 2018 by Denny Laufenburger, Mayor and Todd Gerhardt, 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. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 ��" &VU VOTARY PUBLIC JENNIFER ANN POTTER Notary Public-M �.s h"at, 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Todd and Kristin Jackson for an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance on a property zoned Single Family Residential District (RSF) - Planning Case 2018-01 On January 2, 2018, 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 Planning Commission heard testimony from all interested persons wishing to speak and approved the variance. On February 12, 2018, the Chanhassen City Council met at its regularly scheduled meeting to consider an appeal of the Planning commission's decision to recommend approval of the requested variances and now make 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. 3. The legal description of the property is: Lot 9, Block 4, Red Cedar Point Lake Minnewashta 4. 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: The intent of the city's shoreland management ordinance is to protect the city's aquatic resources by requiring structures to be setback 75 feet from lakes and limiting the maximum lot coverage permitted within 1,000 feet of a lake to 25 percent. The setback and lot coverage limitation is designed to minimize the amount of stormwater runoff that is discharged into the lake. The applicant's proposal calls for maintaining the existing nonconforming lake setback and slightly reducing the existing lot coverage. Staff believes that by using pervious pavers, installing a vegetative buffer, and working with the watershed district to conduct a shoreline restoration project the proposed home's impact on Lake Minnewashta will be minimized. Given the existing nonconforming nature of the property and the BMPs being required as conditions of approval for the variance, staff believes that the applicant's proposal balances protecting the lake and allowing for reasonable use on a nonconforming property. The city's zoning code requires a minimum front yard setback of 30 feet in order to provide for greenspace and a consistent neighborhood aesthetic. The applicant's proposed reduction the front yard setback is in conjunction with the removal of an existing driveway that occupies most of the front yard and is similar to the front yard setback maintained by other homes in the neighborhood. For these reasons, the requested front yard setback in harmony with the chapter's intent of providing for greenspace and a consistent neighborhood aesthetic. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The lot's substandard size combined with the required front and lake setbacks mean a reasonably sized home could not be constructed on the property without a variance. 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 is located in an older subdivision and the existing structure does not conform to the current zoning code. The parcel is significantly smaller than the minimum size required for riparian lots zoned RSF. The substandard nature of the lot makes it impossible to construct a single-family home meeting the current zoning code. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in one of the city's oldest subdivisions. The vast majority of the properties within 500 feet of the parcel either have received variances or are nonconforming uses. The existing housing stock is a mix between older single level homes and more recent two-story homes. Due to the unique constraints posed by each lot and the changes in architectural trends over the decades, the housing in this area is a fairly eclectic mix. 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. 2 Finding: This does not apply to this request. 5. The planning report #2018-01, dated January 2, 2018, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen City Council approves an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance, subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. A title search for the property should be conducted to ensure any/all existing easements are documented 3. A new I inch = 20 feet scale survey should be provided as part of the building permit application clearly showing the propose setbacks and lot coverage for the proposed house and structures. 4. At least one tree must be planted in front yard, if one is not present after construction. 5. Tree protection fencing must be properly installed at the edge of the grading limits across the entire south side. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities beyond those indicated in the tree removal plan shall be replaced. 6. No equipment may be stored within the tree protection area. 7. Appropriate tree protection measures must be taken to protect the rear yard ash from EAB. 8. The 162 square foot rear patio area is understood to be the property's water oriented structure. 9. Lot coverage may not exceed 3,319 square feet. 10. The proposed rear patio and driveway areas must be constructed using pervious paver systems. 11. A permanent 20-foot native vegetated buffer must be installed along the shoreline using species native to the ecotype with permanent buffer monuments. The buffer may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resources Coordinator. 12. The property owner must work with Minnehaha Creek Watershed District to identify and implement any shoreline restoration projects that would improve ecosystem health and function. Replace riprap with bioengineering solutions is one example. ADOPTED by the City Council this 12th day of February, 2018. CITY OF CHANHASSEN BY: enny Lau enburger, NVayor 14 0- CITY OF C HANHARNE N Chanhassen is a Community for Life- ProvidingforTodayand PlanningforTomorrow February 13, 2018 Todd and Kristin Jackson 621 Broken Arrow Drive Chanhassen, MN 55317 Re: Variance- 3617 Red Cedar Point Drive Dear Mr. and Mrs. Jackson, This letter is to formally notify you that on February 12, 2018, the Chanhassen City Council voted to approve the following motion: "The Chanhassen City Council approves an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance, subject to the conditions of approval and adopts the attached Findings of Facts and Decisions." The conditions of the variance are as follows: 1. The applicant must apply for and receive a building permit. 2. A title search for the property should be conducted to ensure any/all existing easements are documented. 3. A new 1 inch = 20 feet scale survey should be provided as part of the building permit application clearly showing the propose setbacks and lot coverage for the proposed house and structures. 4. At least one tree must be planted in front yard, if one is not present after construction. 5. Tree protection fencing must be properly installed at the edge of the grading limits across the entire south side. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities beyond those indicated in the tree removal plan shall be replaced. 6. No equipment may be stored within the tree protection area. 7. Appropriate tree protection measures must be taken to protect the rear yard ash from EAB. 8. The 162 square foot rear patio area is understood to be the property's water oriented structure. 9. Lot coverage may not exceed 3,319 square feet. 10. The proposed rear patio and driveway areas must be constructed using pervious paver systems. 11. A permanent 20-foot native vegetated buffer must be installed along the shoreline using species native to the ecotype with permanent buffer monuments. The buffer PH 952.227.1100 - wwwAchanhassen.mn.us - FX 952.227.1110 V C'4NNfi, 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd and Kristin Jackson 3617 Red Cedar Point Drive February 13, 2018 Page 2 of 2 may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resources Coordinator. 12. The property owner must work with Minnehaha Creek Watershed District to identify and implement any shoreline restoration projects that would improve ecosystem health and function. Replace riprap with bioengineering solutions is one example. The variance is valid for one year from the approval date. The conditions placed on the variance must be met by February 12, 2019. If you have any questions, please contact me at 952-227- 1132 or by email at mwalters(abci.chanhassen.mn.us. Sincerely, MacKenzie Walters Assistant Planner c: Building File \\cfs5\cfs5\Shared_Data\PLAN\2018 Planning Cases\18-01 - 3617 Red Cedar Point Road - VAR\Approval Letter 18-0l.doc Walters, MacKenzie From: Walters, MacKenzie Sent: Monday, January 22, 2018 2:44 PM To: 'Todd Jackson' Cc: Potter, Jenny Subject: PC 2018-01: 3617 Red Cedar Point Variance Todd, The City Council meeting for tonight (January 22, 2018) has been cancelled. Your agenda item will instead appear on the agenda for the February 12, 2018 City Council meeting. Due to the fact that the February 12, 2018 meeting is outside of the January 30, 2018 review deadline, the City is exercising its right to extend the review period for an additional 60 days. Please contact me if you have any questions or would like additional information. Best, -MacKenzie MacKenzie Walters CITY OF CHANHASSEN PH. 952.227.1132 FX. 952.227.1110 www.ci.chanhassen.mmus r` g o CITY OF CHANHASSEN PC DATE: January 2, 2018 CC DATE: January 22, 2018 REVIEW DEADLINE: January 30, 2018 CASE #: 2018-01 BY: MW PROPOSED MOTION: 0 rP "The Chanhassen Board of Appeals and Adjustments approves an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an I 1 percent lot coverage variance, subject to the conditions of approval and adopts the attached Findings of Facts and Decisions." (Note: A motion for denial and appropriate findings of fact are also included at the end of the report.) SUMMARY OF REQUEST: The applicant is demolishing a nonconforming single-family home and is requesting a variance to construct a new single-family residence on the property. The existing use encroaches 22.1 feet into the required shoreland setback, has a shed that encroaches approximately 6 feet into the side yard setback, and has 36.36 percent lot coverage. The proposed house would maintain the existing lake setback, meet the required side yard setbacks, reduce lot coverage to 36 percent, and require an 11.5-foot front yard setback variance. LOCATION: 3617 Red Cedar Point Rd (PID 256600320) APPLICANT: Todd and Kristin Jackson 621 Broken Arrow Drive Chanhassen, MN 55317 OWNER: Patricia Souba 110980 Von Hertzen Cir Chaska, MN 55318 PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: .23 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 Planning Commission 3617 Red Cedar Point Road — Planning Case 2018-01 January 2, 2018 Page 2 of 11 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. PROPOSAL/SUMMARY The parcel's existing house is over 90 years old, does not meet the city's minimum standards for single-family dwellings, and is in disrepair. This structure is located 52.9 feet from the lake's ordinary high water setback and the lot currently has 36.36 percent lot coverage, largely due to the fact that the front portion of the lot is covered by gravel parking area. The applicant is proposing replacing the existing structure with a modern home. In order to this they are requesting a variance to formalize the existing 22.1-foot encroachment into the required shoreland setback. They are also proposing to remove the gravel parking area, a shed located within the western side yard setback, an outdoor fireplace area, and a concrete walkway in the rear yard to bring the property more in line with City Code. Removing the shed will bring the property's side yard setback into compliance with City Code. The lot coverage proposed for the new home, driveway, and patio area would require an 11 percent lot coverage variance, a .36 percent reduction from the existing condition. They are also requesting an 11.5-foot front yard setback variance; since they believe the parcel's size and existing lake setback make it impractical to construct a house and garage while meeting the property's 30 foot front yard setback. The applicant has stated that they believe the requested variances are in line with those granted by the city in similar circumstances, and they have noted that many properties in the neighborhoods have structures with similar or small front yard setbacks. They believe the proposed house will not alter the essential character of the neighborhood, and feel that replacing much of the existing gravel frontage with vegetation will improve the property's aesthetics. Planning Commission 3617 Red Cedar Point Road — Planning Case 2018-01 January 2, 2018 Page 3 of 11 APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3, Variances Chapter 20, Article H, Division 4, Nonconforming Uses Chapter 20, Article Vii. Shoreland Management District Chapter 20, Article XH. "RSF" Single-family residential district Section 20-615. Lot requirements and setbacks. BACKGROUND County records indicate that the existing structure was built in 1927. The city does not have a building file for this property, nor does it have any records of any permits associated with this address. Throughout the second half of 2017 staff received numerous inquiries from interested parties about 3617 Red Cedar Point Road. Staff informed individuals interested in the property that a variance would be likely be required to rebuild on the property. Staff indicated that any variance request should maintaining the existing shoreland setback and reduce the amount of lot coverage present on the parcel. Staff indicated that it would consider supporting a front yard variance in the interest of maintain the existing lake setback, but expressed concerns about the ability of a shortened driveway to provide onsite parking. Additionally, staff expressed reservations about the property's ability to accommodate a three -car garage, recommending that a tuck under or side loading configuration be used. SITE CONDITIONS The property is zoned Single -Family Residential and is located within the city's Shoreland Management District. This zoning district requires lots to be a minimum of 20,000 square feet, have front yard setbacks of 30 feet, rear yard setbacks of 75 feet from the lake's ordinary high water level, side yard setbacks of 10 feet, and limits parcels to a maximum of 25 percent lot coverage. Residential structures are limited to 35 feet in height. The lot is 9,222 square feet, and currently has 3,353 square feet of impervious surface resulting in 36.36 percent lot coverage. The existing structure meets the 30-foot front yard setback and 10- foot east side setback, has a shed located approximately four feet from the west side lot line, and is setback 52.9 feet from the lake's ordinary high water mark. The rear yard also has a 114 square foot fireplace/patio area setback 24 feet from the lake. Note: A portion of the parcel, 543 square feet, is covered by Red Cedar Point Road which is a public street. This area is not included in the lot area or lot coverage totals above. Planning Commission 3617 Red Cedar Point Road — Planning Case 2018-01 January 2, 2018 Page 4 of 11 NEIGHBORHOOD Red Cedar Point The plat for this area was recorded in August of 1913. Over the subsequent century the City of Chanhassen was formed, a zoning code was passed, the zoning code was amended numerous times, and buildings were built, demolished, and rebuilt to meet the standards and needs of the existing ordinances. Additionally, the neighborhood's roads were not always constructed within their designated right of way. In some areas, this has led to portions of buildings being located in the right of way and portions of these roads being located within residents' property lines. Very few properties in the area meet the requirements of the city's zoning code, and most properties either are non -conforming uses or are operating under a variance. Variances within 500 feet: 78-07 3637 South Cedar Drive: Approved- 19' front setback (garage) 80-08 3629 Red Cedar Point Rd: Approved- 12' front setback, 3' foot side setback, +1.5' side setback for (chimney), 20' lot width, 40' lot frontage, 13,000 square feet lot area (house) 81-08 3607 Red Cedar Point Rd: Approved- 13.5' lake setback (deck) 83-09 3613 Red Cedar Point Rd: Approved- 12' front setback, 2' side setback, 7' lake setback (house) 84-18 3707 South Cedar Drive: Approved- 20' front setback (detached garage) 85-20 3624 Red Cedar Point Rd: Approved- 1.2' front setback, 4.8' side setback (detached garage) 85-27 3701 South Cedar Drive: Approved: 5' front setback, 35' lake setback (house) 87-13 3629 Red Cedar Point Rd: Approved: 12' front setback, 3' side (house) Planning Commission 3617 Red Cedar Point Road — Planning Case 2018-01 January 2, 2018 Page 5 of 11 88-11 3605 Red Cedar Point Rd: Approved- 4' E side setback, 2' W side setback, 26' lake setback (garage, addition intensifying non -conforming) 92-01 3607 Red Cedar Point Rd: Approved- 1.5' side setback, 14.5' lake setback (addition expanding non -conforming) 93-06 3618 Red Cedar Point Rd: Approved- 8' side setback, 15' lake setback (deck and porch) 96-04 3705 South Cedar Drive: Approved- 3' side setback, 31' lake setback, 25% LC (house) 02-05 3628 Hickory Rd: Approved- 13' front setback (Hickory), 2' front setback (Red Cedar Point), 5' side setback (detached garage) 04-07 3637 South Cedar Drive: Approved- 19.25' front setback, 4' lake setback, 15% LC (addition) 06-04 3633 South Cedar Drive: Approved- 22.5' front setback, 15.8' front setback, 2.39% LC (garage) 08-04 3637 South Cedar Drive: Approved- 20.2' front setback, 8' side setback (house) 09-15 3625 Red Cedar Point Rd: Approved- 15.5' front setback, 6.5' E side setback, 9' driveway setback, 18.5' lake setback, 12.3% LC, allow one car garage (house) 15-07 3701 South Cedar Drive: Approved- increase existing non -conformity (enclose deck 15' in lake setback) 15-14 3603 Red Cedar Point Rd: Approved- 20.2' front setback, 17' lake setback (two-story attached garage) 16-11 3627 Red Cedar Point Rd: Approved- 13.6' lake setback, 4.8% LC (home) 17-09 3622 Red Cedar Point Rd: Approved- Intensify non -conforming by raising garage in side yard setback (garage) ANALYSIS Front Yard Setback The property's existing structure meets the RSF district's 30-foot front yard setback; however, the proposed house would be setback 18.5-feet from the front lot line, requiring an 11.5-foot front yard variance. The city requires front yard setbacks in order to ensure the presence of front yard green space, preserve the character of its single-family residential districts, and to provide for off street parking. Planning Commission 3617 Red Cedar Point Road — Planning Case 2018-01 January 2, 2018 Page 6 of 11 The property's front yard is currently covered by 2,105-square foot gravel parking area that runs the entire length of the property and extents past the property's 30-foot front yard setback. While the proposed house's expanded foot print and driveway will occupy about half of the space currently covered by gravel, the other half will be replaced with vegetation. Converting the gravel are to green space will represent an improvement to the property's aesthetic. The applicant is requesting a reduced front yard setback because they feel that it is not possible to fit a modern house and garage on a substandard lot while maintaining the existing shoreland setback without relief from the front yard setback. Given the lot's average depth of 122 feet, if the applicant maintained the existing shoreland and front yard setback they would be restricted to combined home and garage depth of approximately 39 feet. The proposed house and garage have a maximum depth of 47 feet and minimum depth of approximately 41 feet. The applicant has stated that it is not practical to construct a shallower house, due to the proposed home's tuck under garage. The applicant chose to propose a tuck under configuration based upon staff recommendation and preference for a front yard variance as opposed to the side yard variances that would be required for other attached garage configurations. The applicant's proposed front yard setback of 18.5 feet is consistent with a line drawn across the front of the property connecting the corners of the adjacent homes. When examining properties within 500 feet of 3617 Red Cedar Point Road stafffound that 13 of the m - Oad ti 4 Vr, l4.r.ad/ w IV E 79.8 " ern twr QF Lor, 9. "Ri10� 952 7 .22 td read frooty�gd - +v '91.7 7 0 _ 10.0 W LIU W ZZ4 SSIJ 8 a. k to W p 'w- 9,9.5 -- � 36 OW 0 ". 9Ml -- I94C.3 ---14 � 9�c_o _--__---tea--_____ =wire .we 9M.5 944.5 25 properties have received a variance from the required front yard setback. As the table below shows, six of those properties were allowed front yard setbacks of less than 11 feet, and a further four variances were granted allowing front yard setbacks of between 14 and 18 feet. Additionally, the neighborhood has numerous nonconforming properties with similarly short front yard setbacks. The request 18.5-foot front yard setback is in line what is present in this neighborhood. Planning Commission 3617 Red Cedar Point Road — Planning Case 2018-01 January 2, 2018 Page 7of11 Front Yard Setback Variances Granted with 500' of 3617 Red Cedar Point Road Closest Structure Front Yard Variance Distance from lot line Garage 1.2 feet 28.8 feet Garage 2 feet 28 feet House 5 feet 25 feet House 12 feet 18 feet House 12 feet 18 feet House 12 feet 18 feet House 15.5 feet 14.5 feet Garage 19 feet 11 feet Addition Home 19.25 feet 10.75 feet Garage 20 feet 10 feet House 20.2 feet 9.8 feet House 20.2 feet 9.8 feet Garage 22.5 feet 7.5 feet The final consideration in considering an appropriate front yard setback is the ability of driveway to provide for off street parking. The impact that the reduced front yard setback has on this is amplified by the fact that Red Cedar Point Road encroaches between 8.29 and 8.63 feet onto the applicant's property resulting in a driveway that is approximately 10 feet long at its shortest point and about 16 feet long at its longest. Staff is concerned that the short driveway length will not facilitate off street parking, but acknowledges that many properties in the area have comparably short driveways. Lot Coverage The city's requires a minimum lot area of 20,000 square feet for riparian properties and limits these properties to 25 percent lot coverage. The applicant's lot is substandard with a lot area of 9,222 square feet. The property currently has a lot coverage of 36.36 percent, or 3,353 square feet. When owners propose improvements to properties that have nonconforming lot coverage, the policy is that the existing nonconformity must be reduced; however, there is no formal rule stating how much of a reduction must occur. In this case, the owner is proposing to reduce the property's existing lot coverage by 34 square feet, a .36 percent reduction. When considering what lot coverage is appropriate, both the percentage of lot coverage compared to the district's standard and the absolute square footage of lot coverage present on the property should be considered. A non -riparian lot n - .•,. 10• E 79.8 100 1 N .s 9 950.4 na n�.s �noz 0 N bw 9:, sTwr � xa rc� a.at enD Road 0 Purposed W - Removed LC Planning Commission 3617 Red Cedar Point Road — Planning Case 2018-01 January 2, 2018 Page 8ofII meeting the RSF district's 15,000 square -foot minimum is allowed up to 3,750 square feet of impervious surface. Lots zoned residential low and medium density and meeting the minimum size of 9,000 square feet are entitled to up to 3,150 square feet of lot coverage. These totals provide an indication of what the city considers to be reasonable minimum maximums for single-family residential lot coverage. The 3,319 square feet proposed by the applicant is roughly between those totals; however, the city has limited lot coverage to totals below those thresholds, especially in areas with stormwater management issues or which are adjacent to water resources. In evaluating these requests staff looks at the extent to which the proposed amount of lot coverage and any associated stormwater best management practices will represent an improvement to property's existing conditions. A 34 square -foot reduction in the property's lot coverage is not in and of itself a meaningful improvement to the property's existing conditions, and if no other measures are taken to reduce impervious surface or improve stormwater management staff does not recommend approving the variance with the proposed lot coverage. Staff believes that the applicant can improve the property's stormwater management while retaining the proposed lot coverage by utilizing permeable pavers for the proposed driveway and patio, by installing a 20 feet buffer along the lake, and by working with the Minnehaha Creek Watershed to identify and implement a shoreline restoration project to improve ecosystem health and function. Staff recommends that if a variance for the proposed lot coverage is granted, the three aforementioned items be made conditions of approval. Shoreland Setback The city's shoreland overlay district requires a 75-foot setback for properties located along Lake Minnewashta; however, the existing primary structure has a 52.9-foot setback from the lake. Since the applicant is proposing demolishing the existing structure and building wider structure within the lake setback, a variance is required. Due to the fact that the property has an average depth of 122 feet, requiring the new home to meet the 75-foot shoreland setback would provide the applicant with a very constrained buildable area. These situations are fairly common in the city's older lakeside neighborhoods, and the city's practice has generally been to use the property's existing lake setback to determine what shoreland setback is reasonable. Within 500 feet of the property shoreland setback variances of up to 35 feet have been granted to facilitate the construction of homes, and a total ss.•so,o-e �ya� """."a,.,.. ,oa s t ekMe s { ,d x, Y a •N/� ,llP. M.I .I}Dl Mr ' xw hr YOl WO F47 +TV� .,. " f►_ t of three shoreland setbacks variances of over 20 feet have been issued. The properties to the East and West of the parcel have respective lake setbacks of 54.6 feet and 61.4 feet. The proposed lake setback of 52.9 feet is line with city precedent and similar to the setback maintained by the adjacent properties. Planning Commission 3617 Red Cedar Point Road — Planning Case 2018-01 January 2, 2018 Page 9of11 Staff is concerned that significantly increasing the size of the structure and amount of impervious surface within the shoreland setback will increase the amount of stormwater runoff being diverted into Lake Minnewashta. Staff believes that requiring the rear patio discussed below to be constructed using permeable pavers and requiring the installation of a 20-foot buffer between the home and the lake will serve to mitigate this impact. The applicant is also proposing a rear patio which will be setback approximately 41 feet from the lake. Since the City Code allows for lakefront properties to have one water oriented accessory structure of up to 250 square feet with a minimum setback of 10-feet from the lake's ordinary high water level, no variance is required for the patio's encroachment into the shoreland setback. The applicant has agreed that the patio will be the property's only water oriented accessory structure, and will be removing the existing fireplace area which is setback approximately 24 feet from the lake. Impact on Neighborhood Red Cedar Point is one of the oldest neighborhoods in the city. Many of its properties are non- conforming uses, and 16 of the 25 properties within 500 feet of 3617 Red Cedar Point Rd have been granted at least one variance. Of these 16 properties, 13 have a variance are for reduced front yard setbacks, five have been granted addition lot coverage, and 11 were permitted a reduced shoreland setback. Many of the nine properties which do not have a variances also have nonconforming lot coverage, front yard setbacks, and shoreland setbacks. The height of the proposed house is higher than that of surrounding properties, but it does meet the guidelines established by the City Code. The existing housing stock is a mix between older single level homes and more recent two-story homes. Due to the unique constraints posed by each lot and the changes in architectural trends over the decades, the housing in this area is a fairly eclectic mix. Provosed House Street Elevation Existing House Street View SUMMARY The applicant's proposed shoreland setback maintains the existing distance to the lake and granting it would be consistent with how similar requests have been treated in the past. The Planning Commission 3617 Red Cedar Point Road — Planning Case 2018-01 January 2, 2018 Page 10 of 11 requested lot coverage variance represents a very minimal reduction of an existing nonconformity, but if pervious pavers are utilized and a buffer is installed along the lake, the property's stormwater management will be significantly improved. The proposed front yard setback will result in a very short driveway and a limited ability to accommodate onsite parking, but it is consistent with the surrounding properties and what has historically be allowed within the neighborhood. Staff recommends approval of the proposed variances with conditions. RECOMMENDATION Staff recommends that the Planning Commission approves an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance, subject to the conditions of approval and adopts the attached Findings of Facts and Decisions: 1. The applicant must apply for and receive a building permit. 2. A title search for the property should be conducted to ensure any/all existing easements are documented 3. A new 1" = 20' scale survey should be provided as part of the building permit application clearly showing the propose setbacks and lot coverage for the proposed house and structures. 4. At least one tree must be planted in front yard, if one is not present after construction. 5. Tree protection fencing must be properly installed at the edge of the grading limits across the entire south side. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities beyond those indicated in the tree removal plan shall be replaced. 6. No equipment may be stored within the tree protection area. 7. Appropriate tree protection measures must be taken to protect the rear yard ash from EAB. 8. The 162 square foot rear patio area is understood to be the property's water oriented structure. 9. Lot coverage may not exceed 3,319 square feet. 10. The proposed rear patio and driveway areas must be constructed using pervious paver systems. 11. A permanent 20-foot native vegetated buffer must be installed along the shoreline using species native to the ecotype with permanent buffer monuments. The buffer may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resources Coordinator. 12. The property owner must work with Minnehaha Creek Watershed District to identify and implement any shoreline restoration projects that would improve ecosystem health and function. Replace riprap with bioengineering solutions is one example. Planning Commission 3617 Red Cedar Point Road — Planning Case 2018-01 January 2, 2018 Page 11 of 11 Should the Planning Commission deny the variance request, it is recommended that the planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen Board of Appeals and Adjustments denies a variance request to allow an 11.5- foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance, and adopts the attached Findings of Facts and Decisions." ATTACHMENTS 1. Finding of Fact and Decision Approval 2. Finding of Fact and Decision Denial 3. Development Review Application 4. Tree Removal Plan 5. WRC Memo on 3617 Red Cedar Point 6. ERS Memo on 3617 Red Cedar Point 7. ENG Memo on 3617 Red Cedar Point 8. Public Hearing Notice Mailing List 9. Notes of Resident's Concerns 10. Variance Document GAPLAN\2018 Planning Cases\l8-01 - 3617 Red Cedar Point Road - VAR\Staff Report-3617 Red Cedar Point Rd_PC.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Todd and Kristin Jackson for an I I.5-foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance on a property zoned Single Family Residential District (RSF) - Planning Case 2018-01 On January 2, 2018 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. 3. The legal description of the property is: Lot 9, Block 4, Red Cedar Point Lake Minnewashta 4. 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: The intent of the city's shoreland management ordinance is to protect the city's aquatic resources by requiring structures to be setback 75 feet from lakes and limiting the maximum lot coverage permitted within 1,000 feet of a lake to 25 percent. The setback and lot coverage limitation is designed to minimize the amount of stormwater runoff that is discharged into the lake. The applicant's proposal calls for maintaining the existing nonconforming lake setback and slightly reducing the existing lot coverage. Staff believes that by using pervious pavers, installing a vegetative buffer, and working with the watershed district to conduct a shoreline restoration project the proposed home's impact on Lake Minnewashta will be minimized. Given the existing nonconforming nature of the property and the BMPs being required as conditions of approval for the variance, staff believes that the applicant's proposal balances protecting the lake and allowing for reasonable use on a nonconforming property. The city's zoning code requires a minimum front yard setback of 30 feet in order to provide for greenspace and a consistent neighborhood aesthetic. The applicant's proposed reduction the front yard setback is in conjunction with the removal of an existing driveway that occupies most of the front yard and is similar to the front yard setback maintained by other homes in the neighborhood. For these reasons, the requested front yard setback in harmony with the chapter's intent of providing for greenspace and a consistent neighborhood aesthetic. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The lot's substandard size combined with the required front and lake setbacks mean a reasonably sized home could not be constructed on the property without a variance. 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 is located in an older subdivision and the existing structure does not conform to the current zoning code. The parcel is significantly smaller than the minimum size required for riparian lots zoned RSF. The substandard nature of the lot makes it impossible to construct a single-family home meeting the current zoning code. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in one of the city's oldest subdivisions. The vast majority of the properties within 500 feet of the parcel either have received variances or are nonconforming uses. The existing housing stock is a mix between older single level homes and more recent two-story homes. Due to the unique constraints posed by each lot and the changes in architectural trends over the decades, the housing in this area is a fairly eclectic mix. 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. 5. The planning report #2018-01, dated January 2, 2018, prepared by MacKenzie Walters, is incorporated herein. 2 DECISION "The Chanhassen Board of Appeals and Adjustments approves an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance, subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. A title search for the property should be conducted to ensure any/all existing easements are documented 3. A new I" = 20' scale survey should be provided as part of the building permit application clearly showing the propose setbacks and lot coverage for the proposed house and structures. 4. At least one tree must be planted in front yard, if one is not present after construction. 5. Tree protection fencing must be properly installed at the edge of the grading limits across the entire south side. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities beyond those indicated in the tree removal plan shall be replaced. 6. No equipment may be stored within the tree protection area. 7. Appropriate tree protection measures must be taken to protect the rear yard ash from EAB. 8. The 162 square foot rear patio area is understood to be the property's water oriented structure. 9. Lot coverage may not exceed 3,319 square feet. 10. The proposed rear patio and driveway areas must be constructed using pervious paver systems. 11. A permanent 20' native vegetated buffer must be installed along the shoreline using species native to the ecotype with permanent buffer monuments. The buffer may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resources Coordinator. 12. The property owner must work with Minnehaha Creek Watershed District to identify and implement any shoreline restoration projects that would improve ecosystem health and function. Replace riprap with bioengineering solutions is one example. ADOPTED by the Chanhassen Planning Commission this 2nd day of January, 2018. CITY OF CHANHASSEN MM Andrew Aller - Chairman CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of Todd and Kristin Jackson for an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an I 1 percent lot coverage variance on a property zoned Single Family Residential District (RSF) - Planning Case 2018-01 On January 2, 2018 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. 3. The legal description of the property is: Lot 9, Block 4, Red Cedar Point Lake Minnewashta 4. 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: The zoning code's shoreland overlay district was enacted to protect the city's aquatic resources. Allowing the applicant to exceed the districts 25 percent lot coverage limit and increase the extent of the nonconformity within the required 75-foot shoreland setback area increases the amount of runoff that will be directed to Lake Minnewashta and is contrary to the intent of the ordinance. The City Code allows for owners to improve their properties in ways that reduce an existing nonconformity. Increasing the size and amount of structure located within the shoreland setback increases, rather than decreases the existing nonconformity. The proposed reduction to the property's impervious surface does not meaningfully improve the property's stormwater management. Increasing and maintaining nonconformities is not in line with the intent of the Chapter. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The lots substandard size combined with the required front and lake setbacks mean a reasonably sized home could not be constructed on the property without a variance; however, the requested variances significantly exceed the minimum variances needed for the construction of a reasonably sized home. 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 is located in an older subdivision and the existing structure does not conform to the current zoning code. The parcel is significantly smaller than the minimum size required for riparian lots zoned RSF. The substandard nature of the lot makes it impossible to construct a single-family home meeting the current zoning code. e. The variance, if granted, will not alter the essential character of the locality. Finding: The proposed home is larger than those located on the surrounding properties, and deviates for the general lake home aesthetic present in the community. 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. 5. The planning report #2018-01, dated January 2, 2018, prepared by MacKenzie Walters, is incorporated herein. 2 DECISION "The Chanhassen Board of Appeals and Adjustments denies a variance request to allow an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance." ADOPTED by the Chanhassen Planning Commission this 2nd day of January, 2018. CITY OF CHANHASSEN Andrew Aller - Chairman COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CHMNSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: � PC Date: I CC Date: IZ 7 60-Day Review Date: 3 SectionApplication Typeapply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others ................................................. $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative.................................................. $100 ❑ Commercial/Industrial Districts' ...................... $500 Plus $10 per 1,000 square feet of building area: ( thousand square feet) 'Include number of existing employees: 'Include number of new employees: ❑ Residential Districts ............................ ....... I..... $500 Plus $5 per dwelling unit (_ units) ❑ Subdivision (SUB) ❑ Create 3 lots or less........................................$300 ❑ Create over 3 lots .......................$600 + $15 per lot ( lots) ❑ Metes & Bounds (2 lots)..................................$300 ElConsolidate Lots..............................................$150 ❑ Lot Line Adjustment ......................................... $150 ❑ Final Plat..........................................................$700 (Includes $450 escrow for attorney costs)' 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) 0 Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others.. ..................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. RNotification Sign (City to install and remove)...................................................................................................................... $200 Property Owners' List within 500' (City to generate after pre -application meeting) .................................................. $3 per address ( 26 addresses) ❑ Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation Z Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements ( easements) TOTAL FEE: Description of Proposal: Property Address or Location: Parcel #: 256600320 Section 2: Required Information Legal Description: 3617 Red Cedar Point Rd Block 4 Lot 9 Red Cedar Point Lake Minnewashta Total Acreage: 0.23 Wetlands Present? ❑ Yes ❑ No Present Zoning: Single -Family Residential District (Rs Requested Zoning: Select One Present Land Use Designation: Residential Low Dens Requested Land Use Designation: Select One Existing Use of Property: Detached Single Family ❑Check box if separate narrative is attached. 'THAN PROPERTY OftER.- In sbrJng this appDration, 1, a applicant, represent d Aj!puc ot a app can msen rm Wilt. : I !"!&ffu" - ow owner to I agree to be bound bycondtUWsof approval, subject oNyto amWWI - - ' property W t6ls a ficafi,%n has not been el naA h appoc" a fu Name: CIA -tau Email: Signature Entail: U vp n0a on EIPP 11 04 UIUIU P vpvw V%;J1 . ki Y attached separate documentation of full 1agW capacity to Me the application. This apiAcation e and I am the party whom the City shooWd contact regarding any matter pertaining to ft phi F"Y w If informed of the deadflinas for aubmi.asion of material and the proSrose of this apoicaWn. I 001611111"We6d(tional fees may be charged for consti&T fees, feasibility atud!As, etc. with an edmate prior to d with the study. I car* that the information and exhlbb rubmltted are true and correct. Lt- t_w,4 Contact: 10 -4C k34M ..... ..... Phone: raft- Cet claw iiii.0.4 Fax, Date: j ',0WHWw1ld ''Inj this 6ppillceon, 1, as property owner, have itAl legal capacity to, and hereby do, B application, I understand chat oondlfion5 of approval are binding and agree to be bound by those KjNed'64ly to ft rig ht to o*d at the hearings cc during the appeal periods. I Will keep myself Informed of 01or-a * ili"isslon of nwftof itchll1w rial and the progress of applMa. I further understand that additional fees may kir ct."ng feet, fewlbft autfies, etc. with an estimate prbr to any authortz%rdon to Proceed with the *:*0"*formatkm*W,$)dhbsubmfted are true and wrect. 1111.1k190�1!11.111111 I K-W ".01 1'7 in full and"166t be aommpwftd by an WommlMn WO plans reqUtW by Wor** pl tlon ist Ws appllwtion, refer to the appropriate Ap loa Che&J arid, 414-plib 139 Department to "rmine the specific ordnance and appkab4e prowdurall ass of the applosilon shall be made within 116 bus[ness days olapplkalion submittal. A On defirJencles shall be mailed to the appilcarri within 15 business days of application. PRIMWENIGNEER (4 abpkable) i Contact Phone 101t1oft te't'.1w Cell: Fax: of suff reports? mw,Vhe'- Emall ❑ Mailed Paper Copy EnuAl 0 Mailed Pap" Copy Email E3 Wed Paper Copy 0 &nalll Mailed Paw Copy R device. copy to the* ZOOIZWd *Other Contact k4onnatlon: Name: Address: 044slate/zip., Email: I TWOPUCAM; 0 . "plele all ra-cMeyy form flMs, OW select SAVE FORM to save a copy to Your FORM and cMtvcr to chy, a" with mWired documents and payment. SUBMIT FORM to sold a digital 3r prociewing. I CASUMW FORM VE PURM PRINT FORM (XV.D VV: L L L LOZIG L/ L L The Gregory Group, Inc. db■ LOT SURVEYS COMPANY Ew.Nli.d is 1962 LAND SURVEYORS REGISTERM UNDE)t T2¢ LAWS Of STATE OF MMNESOTA )WI 71.J A—li & (161)S"W.S .6-.*" —SStSI R-1a. S/OISU 3uryrig jars (2PrtIfiratr euo tr EXISTING' CONDITIONS SURVEY FOR: luri.p i. ,werd MARK D. WILLIAMS CUSTOM HOMES Prop" Iocaed r S.cw" t, To.rl.6ip 116, Rae& 23. Corer. Cara, Mmmwsa. RopeM AAd— 3617 Red Cedr Par Rd ChaALaa . MN Rencbrut (-v of ssn ya new. SM27 Eter.ece - 9)73060 Red Cedar• Pont 2.5T--PR NO 3C23 ' &A. 'M WI aw TM rYp ...enwr. aw.n .. k.rri e6.ti M r9coee « nbwrr.I.n prwy.d st cb.4 I v'VI' -- Mh .Marn6.rl. « wp.Il vru R.pr.a q m. « rIr6I rP �r b-6 MW of W Ira Me I r. dear tl..�Y Lrr 61Mt�r rrr 1/Y fw. W. Yr. r 61.y,e6re SWOOVOd fts 17/e dey ed"2017 INVOICE NO. 86405 B70ab F.B.NO. - 1093•61 SCALE. I'- _w . o.r..r. bsoalm"r .,OW.0 D� EuMv n.era+ PAOM S64ack a.wrr le.me From (6Mr) - 30 4.t Sid. - 101w ohw • 75166t la *way r"h water) C-�hrl tLr.Avrv' I at xd . 1 - 9 ?11 ! h fto Qlanry ny► witerl ow.~ !q Re%.Ae - 763 M It Cax_ere - ,317 !q h Gruel A-f" - 2105 !q It &tanr.o s foal 543 9q. h trot •/t'+t..le , r—peal- - ' 3 !q h rttglta+e 10' sq It Toth 3,313 h enbec 3 Mote. 7Ae road er. f" of 543 !q It a / t .'r k~ - the Lake Minnewa5hta ca rm. r-.d re. rrw - 9*5 0 Lots 9 and 10. Block 4, RED CEDAR POINT LAKE MINNEWASH7A Carver County. Mtnnesoa s MEMORANDUM TO: MacKenzie Walters, Assistant City Planner FROM: Vanessa Strong, Water Resources Coordinator DATE: December 20, 2017 SUBJ: Variances for 3617 Red Cedar Point Road In response to We are requesting the following variances on the property: 1. 10.9% hard cover variance 2. 22.1ft. lake set back variance 3. 18.5 ft. front yard setback from property line to the NE garage corner Justifications for the variances: 1. The lot is sub standard. 2. We will be removing an old structure and building a new home. 3. Increased tax base for the city. 4. We will reduce the current hard cover by 44 sq ft. 5. Current homes in the neighborhood have similar variances that we are applying for and therefore this helps justify the variances. 6. We will not alter the essential character of the neighborhood. 7. We will be bringing the side setback into compliance by removing the outhouse. Variance requests 1 and 2 (impervious surface, and lake setback) are water resource based variances. None of the justifications for variances addresses impacts to the health of Lake Minnewashta. What impact does exceeding impervious surface by 10.9%, and significantly reducing lake setback have on the water quality and ecosystem function of Lake Minnewashta? The applicant has not addressed these primary issues. Allowing such a significant impervious surface overage to continue without addressing these issues sets a dangerous precedent. In response to "Our plan is to build a single family home (plans attached) that will improve the neighborhood from an aesthetics and tax base standpoint." A 22T reduced lake setback, and 10.9% impervious surface overage impairs the health of Lake Minnewashta. A 44 sf reduction in impervious provides no measurable water quality benefit. Lakes with low water quality and ecosystem function reduce property values. They significantly reduce neighborhood aesthetic. In summary Water Resources staff does not recommend approval of the variance for the following reasons: 1 Water resource justifications must be provided for water resource variances. A variance application for this lakefront property must be shown to Improve and protect Lake Minnewashta to the maximum extent possible including: 1. A permanent 20' native vegetated buffer must be installed along the shoreline using species native to the ecotype with permanent buffer monuments. The buffer may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resources Coordinator. 2. The property owner must work with Minnehaha Creek Watershed District to identify and implement any shoreline restoration projects that would improve ecosystem health and function. Replace riprap with bioengineering solutions is one example. 3. Attempt to achieve 25% impervious surface coverage through reduction of any unnecessary impervious surface (driveway, sidewalk, patio etc.) through the use of pervious paver systems. MEMORANDUM TO: MacKenzie Walters, Assistant Planner FROM: Jill Sinclair, Environmental Resources Specialist DATE: January 2, 2018 SUBJ: 3617 Red Cedar Pt Rd, Variances to construct a home The lot has a number of existing mature trees in the rear yard. To mitigate the impervious surface coverage for the lot, all trees within the rear yard must be protected and preserved. To protect the trees during construction, the following practices are required: • Tree protection fencing must be properly installed at the edge of construction. This must be done prior to any construction activities and remain installed until all construction is completed. • When excavating near the tree, roots should be cut by hand or a vibratory plow to avoid ripping or tearing the roots. • No equipment or materials may be stored within the tree protection area/rear yard. Additionally, as required by city ordinance, one tree will be required to be planted in the front yard. Recommendations: i. Tree protection fencing must be properly installed at the edge of the grading limits across the entire south side. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities shall be replaced. 2. No equipment may be stored within the tree protection area. 3. Appropriate tree protection measures must be taken to protect the rear yard ash from EAB. MEMORANDUM TO: MacKenzie Walters, Assistant Planner FROM: George Bender, Assistant City Engineer DATE: December 18, 2017 SUBJ: Multiple Variance Requests for 3617 Red Cedar Point Rd Planning Case: 2018-01 The requested variances have been reviewed and the following comments were noted: • A title search for the property should be required in order to document all existing easements. • The plan should define the removal of the existing gravel rather than only noting the intent in the letter. The plan should detail the driveway clearly. Some of the dimensioning is difficult to read. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on December 21, 2017, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of a request consider variances for hard cover, lake set back and front setback for property located at 3617 Red Cedar Point Road and zoned Single Family Residential (RSF). Owner: Patricia Souba. Applicant: Todd & Kristin Jackson to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. '��Kl A*M Kim t. Meuwissen, DepAv Clerk Subscribed and sworn to before me this —2.L day of T)0[ &4 �.lti , 2017. c --�() 4C -L �' j,' N ary Public JENNiFER ANN POTTER Notary Public-Mirmesota If y Gortrepseim E,;*. Jn 31, 2000 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 2, 2018 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to consider variances for hard cover, lake set back Proposal: and front setback for property located at 3617 Red Cedar Point Road and zoned Single Family Residential (RSF). Applicant: Todd & Kristin Jackson Property 3617 Red Cedar Point Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2018-01. If you wish to talk to someone about this project, please contact MacKenzie Walters by email at mwalters(c�ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEW! Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings. Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation The item will be opened for the public to speak about the proposal as a part of the hearing process, The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through th,� process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council, If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Date & Time: Tuesday, January 2, 2018 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to consider variances for hard cover, lake set back Proposal: and front setback for property located at 3617 Red Cedar Point Road and zoned Single Family Residential (RSF). Applicant: Todd & Kristin Jackson Property 3617 Red Cedar Point Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the Public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2018-01. If you wish to talk to someone about this project, please contact MacKenzie Walters by email at mwalters(a�ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEW! Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses. Wetland Alterations, Rezonings. Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request- At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings. land use and code amendments lake a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council ff you wish to have something to be included in the report. lease contact the Planning Staff person named on the notification. TAX_NAME PATRICIA SOUBA HOWARD D ANDERSON DIANE LEESON ANDING JILL D HEMPEL DAVID MELIN DANIEL P FAGAN TAX_ADD_L1 TAX_ADD_L2 TAX_ADD_L3 110980 VON HERTZEN CIR CHASKA MN 55318-2712 3613 RED CEDAR POINT RD EXCELSIOR MN 55331-7721 3618 RED CEDAR POINT RD EXCELSIOR MN 55331-7720 3707 SOUTH CEDAR DR EXCELSIOR MN 55331-9688 3627 RED CEDAR POINT RD EXCELSIOR MN 55331-7721 3701 SOUTH CEDAR DR EXCELSIOR MN 55331-9688 PETER J & KARRI J PLUCINAK 3631 SOUTH CEDAR DR EXCELSIOR MN 55331-9686 MARY JO ANDING BANGASSER 3633 SOUTH CEDAR DR EXCELSIOR MN 55331-9686 GREGORY & JOAN DATTILO 7201 JUNIPER AVE EXCELSIOR MN 55331-9614 BETSY S ANDING 3625 RED CEDAR POINT RD EXCELSIOR MN 55331-7721 CATHERINE J BLACK REV TRUST 3629 RED CEDAR POINT RD EXCELSIOR MN 55331-7721 KIM D PARKHURST 5330 MICHAELE LN MINNETONKA MN 55345-4224 LAURIE ANN HANSON TRUST AGREEMENT 5901 CARTER LN MINNETONKA MN SS343-8966 SCOT A LACEK 3630 HICKORY RD EXCELSIOR MN 55331-9766 DANIEL R FAGAN 3701 SOUTH CEDAR RD EXCELSIOR MN 55331-9688 MARIA P KNIGHT 3605 RED CEDAR POINT RD EXCELSIOR MN 55331-7721 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR MN 55331-9768 STEVEN & MARSHA KEUSEMAN REV CABIN TRST 3622 RED CEDAR POINT RD EXCELSIOR MN 55331-7720 ANVER L & ANNE K LARSON 3705 SOUTH CEDAR DR EXCELSIOR MN 55331-9688 GARY PETERSON 13260 BRASS PKY ROSEMOUNT MN 55068-2772 MARY JO ANDING BANGASSER 3633 SOUTH CEDAR DR EXCELSIOR MN 55331-9686 KELLIE J GEIGER 3603 RED CEDAR POINT RD EXCELSIOR MN 55331-7721 EDWIN L & LIVIA SEIM 292 CHARLES DR SAN LUIS OBISPO CA 93401-9204 DOUGLAS B & JAMIE ANDERSON GUNTHER LIVING TRUST COLIN J JONES THOMAS C & JACQUELINE JOHNSON 3607 RED CEDAR POINT RD EXCELSIOR MN 55331-7721 3628 HICKORY RD EXCELSIOR MN 55331-9766 3710 RED CEDAR POINT RD EXCELSIOR MN 55331- MN 55331-9686 3637 SOUTH CEDAR DR 1EXCELSIOR MacKenzie Walters' notes from conversation with Debby Lockhart, resident living at 3618 Red Cedar Point, on 12/11/2017. The resident has asked that these notes be entered into the public record and distributed to the members of the Planning Commission. Ms. Lockhart expressed the following concerns regarding the proposed variance for 3617 Red Cedar Point: 1) She stated that the property does have a bathroom, and the "outhouse" has been used for ski storage ever since the property was connected to city services. 2) She believes that proposed house is oversized for the lot in question, and feels that the variances granted for other new homes in the region kept the houses appropriately scaled to their lots. 3) She is concerned about the amount of impervious surface that is required to accommodate the proposed house. 4) She feels that the site cannot accommodate a three -car garage, and that a two -car garage would be more appropriate given the size of the lot. 5) She does not think that height, size, and design of the house fit with the "lake home" character of the neighborhood. 6) She asked that it be noted that the snowplow currently uses the property's gravel area to complete a turnaround maneuver, and is concerned about the logistics of snow removal for the area if the house is constructed as proposed. 7) She is concerned that tree in the front yard is being removed but no replacement tree is shown in the proposal. CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2018-01 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 an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance. 2. Proi)erty. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 9, Block 4, Red Cedar Point Lake Minnewashta. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. A title search for the property should be conducted to ensure any/all existing easements are documented 3. A new 1" = 20' scale survey should be provided as part of the building permit application clearly showing the propose setbacks and lot coverage for the proposed house and structures. 4. At least one tree must be planted in front yard, if one is not present after construction. 5. Tree protection fencing must be properly installed at the edge of the grading limits across the entire south side. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities beyond those indicated in the tree removal plan shall be replaced. 6. No equipment may be stored within the tree protection area. 7. Appropriate tree protection measures must be taken to protect the rear yard ash from EAB. 8. The 162 square foot rear patio area is understood to be the property's water oriented structure. 9. Lot coverage may not exceed 3,319 square feet. 10. The proposed rear patio and driveway areas must be constructed using pervious paver systems. 11. A permanent 20-foot native vegetated buffer must be installed along the shoreline using species native to the ecotype with permanent buffer monuments. The buffer may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resources Coordinator. 12. The property owner must work with Minnehaha Creek Watershed District to identify and implement any shoreline restoration projects that would improve ecosystem health and function. Replace riprap with bioengineering solutions is one example. 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. Dated: January 2" d, 2018 (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN Denny Laufenburger, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this _ day of , 2018 by Denny Laufenburger, Mayor and Todd Gerhardt, 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. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 NOTARY PUBLIC 2 Walters, MacKenzie From: davemaryjo@aol.com Sent: Monday, January 01, 2018 12:02 PM To: kaaenenson@ci.chanhassen.mn.us; Walters, MacKenzie Subject: 3617 Red Cedar Point Road - Variance Kate & MacKenzie, We are writing this email in response to the variance request at 3617 Red Cedar Point Road, 5 houses east of our house on Lake Minnewashta. We are generally in support of the proposed development, however, have a serious concern regarding the lack of off street parking. In the staff report, you also indicate a concern for the lack of off street parking but inaccurately represent that many others in the neighborhood have similar existing conditions. This is not the case. I believe every house within the 500 foot notification can park a minimum of 2 vehicles off street on driveways. The two properties across the street from this proposed development do so partially by parking within the ROW but off the paved road without hindering traffic since the road pavement is shifted south of the ROW, as shown on the survey for this development. This condition is even more extreme than typical because the roads in this neighborhood are extremely narrow. From our house east to the end of the Point the road is too narrow to park a car without blocking vehicular travel, this includes the area of the proposed development. Red Cedar Point Road and South Cedar Drive are slightly wider west of the intersection allowing for parking on one one side of the road, however, people often park 2' onto our lawn on both streets in order to create more room for cars to pass. In addition, when cars are parked on South Cedar Road behind our garage it is challenging to back out of our garage. While this is a realty that will not likely change, we don't want to see it magnified by making it more common than it already is. We have heard others move into the neighborhood and be surprised by how small the lots are and there is no place to park cars, boats or trailers. We trust the staff can work with the Jackson family to address this concern in a manner the Jackson family will be thankful for after moving into the neighborhood. Thank you for your consideration Dave & Mary Jo Bangasser 3633 South Cedar Drive Chanhassen, MN 55331 952-484-4457 Walters, MacKenzie From: Marsha Keuseman <mekeuseman@hotmail.com> Sent: Tuesday, January 02, 2018 11:26 AM To: Walters, MacKenzie Subject: Requests for Variances at 3617 Red Cedar Point Road 1. House is to big for the lot 2. No parking for boats, jet ski etc during the transition of pulling out of the lake, before going to storage or putting into the lake etc.. We already have residences that park their boats and pontoons on Red Cedar Point Road and it makes it difficult to drive down the road. 3. Currently you can't meet a vehicle going down to the Point after the intersection of South Cedar and Hickory Road. If the resident will have company and during the construction of the house where is everyone going to park? If they park on the road, Emergency vehicles will not be about to get down to the Point. 4. If the Planning Commission gives them their 36% hardcover you are setting a double standard, when you try to keep everyone else as close to 25% hardcover. It comes down to a big house on a small lot! Sincerely, Steven and Marsha Keuseman 3622 Red Cedar Point Road Sent from my iPad CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2018-01 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 2, 2018 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider variances for hard cover, lake set back and front setback for property located at 3617 Red Cedar Point Road and zoned Single Family Residential (RSF). Owner: Patricia Souba. Applicant: Todd & Kristin Jackson. A plan showing the location of the proposal is available for public review on the city's web site at wwwci.chanhassen. mn.us/2018-01 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Walters Email: mwalters@ ci.chanhassen.mn.us Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday, December 21 2017, No.4535) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized ageni of tLz publisher of the newspapers known. as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuvw Laurie A. Hartmann Subscribed and sworn before me on thisdi , day of 2017 N lic RATE INFORMATION V NE7E BARKC - M:NNESOTAE"�P!RES 01131118 Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) an" Application of Todd and Kristin Jackson for an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance on a property zoned Single Family Residential District (RSF) - Planning Case 2018-01 On January 2, 2018 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. 3. The legal description of the property is: Lot 9, Block 4, Red Cedar Point Lake Minnewashta 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The intent of the city's shoreland management ordinance is to protect the city's aquatic resources by requiring structures to be setback 75 feet from lakes and limiting the maximum lot coverage permitted within 1,000 feet of a lake to 25 percent. The setback and lot coverage limitation is designed to minimize the amount of stormwater runoff that is discharged into the lake. The applicant's proposal calls for maintaining the existing nonconforming lake setback and slightly reducing the existing lot coverage. Staff believes that by using pervious pavers, installing a vegetative buffer, and working with the watershed district to conduct a shoreline restoration project the proposed home's impact on Lake Minnewashta will be minimized. Given the existing nonconforming nature of the property and the BMPs being required as conditions of approval for the variance, staff believes that the applicant's proposal balances protecting the lake and allowing for reasonable use on a nonconforming property. The city's zoning code requires a minimum front yard setback of 30 feet in order to provide for greenspace and a consistent neighborhood aesthetic. The applicant's proposed reduction the front yard setback is in conjunction with the removal of an existing driveway that occupies most of the front yard and is similar to the front yard setback maintained by other homes in the neighborhood. For these reasons, the requested front yard setback in harmony with the chapter's intent of providing for greenspace and a consistent neighborhood aesthetic. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The lot's substandard size combined with the required front and lake setbacks mean a reasonably sized home could not be constructed on the property without a variance. 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 is located in an older subdivision and the existing structure does not conform to the current zoning code. The parcel is significantly smaller than the minimum size required for riparian lots zoned RSF. The substandard nature of the lot makes it impossible to construct a single-family home meeting the current zoning code. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in one of the city's oldest subdivisions. The vast majority of the properties within 500 feet of the parcel either have received variances or are nonconforming uses. The existing housing stock is a mix between older single level homes and more recent two-story homes. Due to the unique constraints posed by each lot and the changes in architectural trends over the decades, the housing in this area is a fairly eclectic mix. 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. 5. The planning report #2018-01, dated January 2, 2018, prepared by MacKenzie Walters, is incorporated herein. 2 DECISION "The Chanhassen Board of Appeals and Adjustments approves an 11.5-foot front yard setback, a 22.1-foot lakeshore setback, and an 11 percent lot coverage variance, subject to the following conditions: 1. The applicant must apply for and receive a building permit. 2. A title search for the property should be conducted to ensure any/all existing easements are documented 3. A new 1" = 20' scale survey should be provided as part of the building permit application clearly showing the propose setbacks and lot coverage for the proposed house and structures. 4. At least one tree must be planted in front yard, if one is not present after construction. 5. Tree protection fencing must be properly installed at the edge of the grading limits across the entire south side. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities beyond those indicated in the tree removal plan shall be replaced. 6. No equipment may be stored within the tree protection area. 7. Appropriate tree protection measures must be taken to protect the rear yard ash from EAB. 8. The 162 square foot rear patio area is understood to be the property's water oriented structure. 9. Lot coverage may not exceed 3,319 square feet. 10. The proposed rear patio and driveway areas must be constructed using pervious paver systems. 11. A permanent 20' native vegetated buffer must be installed along the shoreline using species native to the ecotype with permanent buffer monuments. The buffer may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resources Coordinator. 12. The property owner must work with Minnehaha Creek Watershed District to identify and implement any shoreline restoration projects that would improve ecosystem health and function. Replace riprap with bioengineering solutions is one example. ADOPTED by the Chanhassen Planning Commission this 2nd day of January, 2018. CITY OF CHANHASSEN BY:. 6� Andrew Aller - Chairman Walters, MacKenzie From: DEBBIE LOCKHART <debbielockhart@earthlink.net> Sent: Monday, January 08, 2018 1:12 PM To: Walters, MacKenzie Subject: re:variances for 3617 Red Cedar Point After attending the Planning Commission Meeting on January 2nd for Planning Case 2018-01 1 must voice my concerns. In the background section of the City of Chanhassen report, it stated that "numerous inquiries from interested parties about 3617 Red Cedar Point Road. Staff informed individuals interested in the property that a variance would be likely be required to rebuild on the property. Staff indicated that any variance request should maintaining the existing shoreline setback and reduce the amount of lot coverage present on the parcel. Staff indicated that it would consider supporting a front yard variance in the interest of maintain the existing lake setback, but expressed concerns about the ability of a shortened driveway to provide onsite parking. Additionally, staff expressed reservations about the property's ability to accommodate a three -car garage. recommending that a tuck under or side loading configuration be used." These were the staff recommendations, yet a three car garage, shortened driveway and 36% coverage (The coverage now is 36.3%. In 1928 when the house was built as a summer house, the area next to the road was graveled and allowed for family gathering parking. There were no constraints on hard cover usage at that time. The proposed plans do reduce the gravel area by about half according to page 6 of the report. The present house is a two bedroom one bath home. ) Why is the staff now recommending an increase from the 25% now allowed to 36% This makes no sense. Later in the report under Findings of Facts and Decision 413 under variance filings states,"However, the requested variances significantly exceed the minimum variances needed for the construction of a reasonably sized home. Under 4E Findings: "The proposed home is larger than those located on the surrounding properties, and deviates for the general lake home aesthetic proposed in the community." Please consider the background staff recommendations and the findings statements and send this back to the planning commission. Creative building plans could be designed to fit the neighborhood. Thank you. Deborah Lockhart 3618 Red Cedar Point CIl'yRe� ED ti JAN u8 201 ff G'Ew"ftu"OV? Mi CHANHASSEN PLANNING COMMISSION REGULAR MEETING JANUARY 2, 2018 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Steve Weick, Nancy Madsen, John Tietz, and Mark Randall MEMBERS ABSENT: Mark Undestad STAFF PRESENT: Kate Aanenson, Community Development Director; Paul Oehme, City Engineer/Public Works Director; Bob Generous, Senior Planner; MacKenzie Walters, Planner; and Vanessa Strong, Water Resource Coordinator PUBLIC PRESENT: Nathan & Daryl Kirt Howard Anderson Brianna & Wyatt Kirt Dave & Mike Tompt Linda Scott & Sue Morgan Debbie Lockhart Steve Gunther 50 Hill Street 3613 Red Cedar Point Road 50 Hill Street 16994 Tremdar Lane, Eden Prairie 4031 Kings Road 3618 Red Cedar Point Road, Excelsior 3628 Hickory Road, Excelsior PUBLIC HEARING: 3617 RED CEDAR POINT ROAD — VARIANCE FOR HARD COVER, LAKE SETBACK AND FRONT SETBACK TO BUILD A HOUSE. Walters: Thank you, yep this is Planning Case 2018-01. The 3617 Red Cedar Point Road variance. The applicant is Todd and Kristin Jackson. They are requesting an 11.5 foot front yard setback, 22.1 foot shoreland setback, and an 11 percent lot coverage variance to construct a detached single family home. So the property is located at 3617 Red Cedar Point. There's currently an existing structure on a lot which is zoned for residential single family. Because the lot borders the lake the minimum square footage for a lot would be 20,000 square feet. It'd be restricted to 25 percent lot cover, 30 foot front yard setback, 10 foot side yard setbacks, 75 foot shoreland setback, and then our code does allow up to a 250 square foot water oriented accessory structure. So as I mentioned there's an existing building on the lot and the lot is substandard so it's current size is 9,222 square feet. Currently the lot has 3,353 square feet of impervious surface largely due to a large pad of Class V gravel in the front lot. It does currently meet the 30 foot front yard setback. It meets the eastern 10 foot side yard setback. There was a shed located about 4 feet from the western side setback and it's currently set back 52.9 feet from the lake. There is a water oriented structure and a fireplace and little flagstone patio complex that's about Chanhassen Planning Commission — January 2, 2018 24 feet from the lake. And it should be noted that in the front of the property a portion of Red Cedar Point Road is actually within the lot lines and so that 543 square feet that's covered by the road is not included in the lot coverage or lot area totals. So the applicant is proposing to remove the existing house, the gravel, the shed, the water oriented structure here and the walkway and they are proposing to construct a house with a 3 car garage. A water oriented structure here, which is going to be a rear patio. Driveway. The main justification for the variance is again the lot is significantly smaller than the zoning code would allow. As you saw with the, if the zoning code is applied the building area is extremely limited so they're requesting relief from the setbacks. The plan is to maintain the existing rear setback from the lake. Bring the side setbacks into compliance and make a slight reduction of 34 square feet of impervious surface. The request is roughly consistent with other variances that have been granted throughout the neighborhood. It's one of the older neighborhoods in the city. My memory serves we've given 16 variances for 25 properties within 500 feet. Many things are non -conforming. They will also be removing the gravel area and replacing it with sod to get some green space in front but they are again requesting a reduction to the front yard setback to accommodate the building envelope. We have received several comments from individuals in the neighborhood. Four individuals have spoken with me. One after going through it had no objections and 3 have expressed concerns. I gave you a handout of several emails we've received. That folks sent me after our conversations. Two of the residents with concerns to specifically address parking. Two discussed the large amount of impervious surface being proposed and then general concerns about the height. General aesthetics of the house and it's fit within the neighborhood. I'll go into the impervious surface a little bit more in the staff assessment but I did want to address parking in a little more depth than my report did. So I went through and I did my best using Google Streets and the aerials to estimate about how many other parking spaces are present in different properties around the area. The main concerns residents had was just the street is very narrow. It's really not possible to do off street parking within the neighborhood and this is compounded by the fact that the street is not located within it's right-of-way so you have situations, you know like this one where a portion of the street is within the lot lines and others where the right-of-way is you know right up against a house. So again I did my best to estimate the number of parking spaces available for the different properties. The 17 properties I looked at, the average works out to about 4'h parking spaces per property. That's including garage and then also a driveway so total accommodation. Our code requires a two car garage and generally a 30 foot driveway which depending on the length of the right-of-way and the length of cars it would be 4 to 6 spaces. The proposal is 4 off street spaces but 3 of those would be the garage. You could get one car on the driveway. If you had a compact car you could probably get 2 but that's about what the parking is there. So staff looked at it, staff also shared the concern about the impervious surface and Vanessa looked it over. I'm sorry the Water Resource Coordinator looked it over and recommended that staff install conditions requiring a 20 foot buffer to mitigate the increased runoff that would be generated towards the lake. The utilization of permeable pavers for the driveway and rear patio which would, well keep the lot coverage would then stay at 36 percent but it moves the impervious surface down to 29 percent, just over and then also that the applicant work with the Minnehaha Watershed to investigate doing a shoreland restoration process. We felt that if these steps were taken it would significantly improve the 2 Chanhassen Planning Commission - January 2, 2018 current storm water management for the parcel and allow staff to support the impervious surface as proposed. Again staff did look at the other variances in the area. The proposed variances are roughly in line with what's been granted historically in the region and there's a detailed breakdown of that in the staff report. Staff does agree that parking is an issue in Red Cedar Point but the applicant's proposed parking is similar to what many of the other properties have and for this reason staff is recommending approval with the conditions outlined in the report. I'd be happy to take any questions at this time. Aller: Anybody want to take the first crack. Tietz: Yeah. Aller: Commissioner Tietz. Tietz: Yes. MacKenzie, you know that is a very restricted, constricted area as you know. Over the last year and a half I think we've had 2 or 3 proposals for variances in that neighborhood. You know a big concern that I would have is access during construction and where construction parking goes. I can imagine cement trucks, delivery trucks with trusses and bottling up the street at some length of time and that's, and the turn around space is very difficult. I guess I'm really curious how that's going to be handled and how we as a community can protect the neighbors and always maintaining access, whether it's emergency access or just daily traffic access. The parking I know in our neighborhood there was some recent construction and with everyone trying to get things done before cold weather set in. I guess it set in but there must have been 30 subcontractor cars parked along streets and I think that's going to be, in this neighborhood in particular it's a very critical issue. It's parking long term is a concern and I understand how you assessed it but I think the construction duration parking and access and delivery is really needs to be monitored very, very closely. Walters: I would agree and I know that's been an issue in several other of the variances in this neighborhood that came before. I would defer that question to the applicant. Ultimately it will be up to them and their builder to work with the City to try to keep access as clear as possible. Tietz: But I can imagine we're going to, you're going to receive calls when the contractor doesn't adhere to the requirements that have been requested by the property owner and I think that's, you know that's something that we're just going to have to be faced with. My other concern is the permeable pavers. Now we've talked about this in a couple previous planning commission meetings and I want to be certain that we have a detail for construction that's appropriate for the purpose that it's intended. You know there's a lot of, definitions floating around but what permeable pavers are and how much sub -base and how they're constructed and then how they're monitored. I think that we as a city and the city engineer and who all is involved, we need to monitor this installation. All these installations where permeable pavers are used very closely. 3 Chanhassen Planning Commission — January 2, 2018 Walters: Absolutely. The applicant would need to get any design they proposed signed off for them by the engineering department and the Water Resource Coordinator would have to determine that they met the intent and definition. We would likely use the Permeable Interlocking Concrete Paver Institute that we talked about earlier and their engineering standards as a baseline. Tietz: Okay, thanks. Aller: I guess one of my questions would be, has public safety come in and, for instance fire, police or anyone else or have we been receiving reports as it stands now because it seems like from the information in the report and the public comments that have been provided thus far which will be made part of the record in these emails, we're concerned with the off street parking and the actual on street parking which would block traffic in that area. Walters: Public safety did not provide any comments and I could not speak to whether or not we've had any reports. Aller: Commissioner Weick. Weick: How many extra feet on the driveway would be, would give you space for 2 cars? Two reasonable cars. Walters: That's a great question. So I researched, if you check my search history there's a lot of stuff on the average size of an American car right now. Average car is about 16 feet. Figure at least 2 feet you know cushion. At it's widest the driveway is right around 16 feet. Realistically I'd say you'd probably need to push it back 4 feet to be sure you'd be able to accommodate 2 midsized or you know full sized cars. That'd be my best guess. Weick: Thank you. Aller: And the average parking spots available for off street parking were 4.5? Walters: So not including garages, I would say a lot of the properties did have driveway space for 2 cars. In this case yeah there'd be driveway space for one car if you take the garage space out and just are talking about guest parking. Aller: And the majority of properties now 2 or 3 car garage? Walters: The majority of new constructions are 3 car. And our ordinance's minimum though is 2 car which is relevant when we talk about standards. Oh sorry, were you asking about the neighborhood or? Oh my apologies. Most of the neighborhood is 2 car garage. Aller: Has 2. 2 Chanhassen Planning Commission — January 2, 2018 Walters: Yes. Aller: Sothis would. Walters: There are some with no garages, yeah and some with larger 4 car. Aller: And based on their lot they have additional parking which would be off street regardless of 2 or 3 car garage? Walters: Yep. No I misunderstood that, thank you. Aller: Additional questions at this time for staff based on the report? Seeing none we'll have the applicant come forward and if they'd like to make a presentation that would be great. Todd Jackson: Well just two comments. Aller: If you could just state your name and address for the record sir, that'd be fantastic. Todd Jackson: Todd Jackson. Two comments. One, we currently have a home right down the block within easy walking distance on Hickory so we don't live there. It's a cabin so we would be able to provide plenty of parking for construction. Obviously when they're dropping off large items for the property they're going to need to be there so I can't control that but at least daily crews at the house will be able to have off street parking with about, well it's 3732 Hickory so it's, you know if they could move the map it's, you can walk. It's on the point so it's very easy so we would provide that for them. And then secondly on the impervious pavers, our current home on Broken Arrow in Chan, we've been there, we built the house 10 years ago. The watershed district came by looking for volunteers to improve the impervious surfaces and do all that stuff. We volunteered. I spent money. I did that so my willingness obviously staff requires it we'll do it but my willingness to do it regardless I think is proven because of what I've done in my current home where it was not required. We just went ahead and did it anyway so those are my two comments. Aller: So before you leave if you could just fill in some of the blanks. We've got the report and you've had an opportunity to read the report right? Todd Jackson: Yes. Aller: So just tell us about your project. How did you come up with the actual property configuration? What's your intended use of the property? Are you planning on using the 3 car garage for 3 cars? Chanhassen Planning Commission — January 2, 2018 Todd Jackson: I am. So a 3 car garage is a requirement for my wife and me and our children to build a new home so that was something for us that's a requirement so that's why we ended up with the design. It's going to be our primary residence. If you guys pass it we'll move forward. We'll build this house. Sell our current house on Broken Arrow and sell the cabin on Hickory and have that be our primary residence and live there and make my life a little less complicated with 2 places down to 1. Aller: Okay. Any additional questions? Commissioner Weick. Weick: Do you have any issues with the length of the driveway? As you've planned it and looked at it. Todd Jackson: No. You know it's funny because I went out and when I got the plans back I looked at the measurements. My daughter drives a Jeep that would be parked out front. That would fit in the 16 foot and the 16 foot spot. It would fit there so you know from my view I could fit 2 vehicles there. Her Jeep on the smaller spot and then a larger vehicle in the second stall plus the 3 car garage. Actually we probably could really get 3 in that driveway, just like we did in the garage so I think we could probably get 6 vehicles there if we had to. Weick: Okay. Todd Jackson: Now they're not going to, I'm not going to be able to put a Yukon XL out there in the driveway but on the one side I would but not the opposite side so I think we could fit 6 vehicles there. Weick: Okay. Aller: Any additional questions of the applicant? Hearing none thank you very much sir. Todd Jackson: You bet. Aller: At this point in time I'll open up the matter for public hearing. That's again an opportunity got individuals to come forward to speak either for or against the item. You can do so by coming forward. Stating your name and address for the record and then just give us your opinion. Anyone wishing to come forward? Have somebody working their way forward. Welcome. If you could state your name and address that'd be great. Debbie Lockhart: Debbie Lockhart. I live at 3618 Red Cedar Point Road, Excelsior and I have a major concern about, because we didn't hear it in the report, about what the snowplow is going to do because right now, because the Souba house has always been a summer house, the plow always plows right, well it just disappeared. Sorry. Can you put it back again? See where the green is right there. Go up higher. That green. That area right there is where the snowplow goes up and pushes the snow up and then backs down and comes up the road because we are on a 0 Chanhassen Planning Commission — January 2, 2018 very skinny road as you all know and there's really no other place right now for him to go. And that was a concern, I voiced that concern when I talked to MacKenzie earlier but I didn't see anything. I couldn't read the report. It wouldn't come up online for me. What they're going to do with the snowplow because it is a major concern because I would hate for us to lose the service. Okay, thank you. Aller: That's a great question, thank you very much. Before we go forward if we go ahead, we won't stop the public hearing portion of this item yet so let's go ahead and just mark that down for consideration. Come on forward, yep. We'll try to get the questions answered at once at the end. Welcome. Steve Gunther: Good evening. My name's Steve Gunther. I live at 3628 HickoryRoad so I'm kind just up the hill from where the Souba's lot is. A couple things. Living in this area it is difficult because the lots are small and with current building standards etcetera it is, it does require some number of variances to allow a property owner to build something that's kind of within you know expectations of what people are looking for right now. You know I am okay with the setback from the lake. It seems to be reasonable and consistent with what other neighbors have gotten. I'm glad they're bringing the side setbacks to the 10 foot expectation which is the standard. I am nervous about the front setback just because I know people will try to park cars there and it sounds like the thought is well I'm just going to leave my daughter's Jeep out in the front while I've got 3 cars already and I've got a fourth car it sounds like being suggested to be put in that area but what I'm most concerned about frankly is how the hard cover variance will affect the lake quality. So I'm also the President of the Lake Minnewashta Preservation Association and the most valuable piece of real estate collectively the neighbors have is that lake which sits at the back of the lot. We've worked very hard over the years to maintain the lake quality. We've actually seen it degrade over time as more of the large homes are built and you know take up residence on the lake and I'm concerned that going from a standard of a 25 percent hard cover for this particular property to a suggested or a requested 36 percent hard cover. I understand there's a gravel lot or gravel pad that's already in front of the house. More than likely that was put in without any city approval. That was just put there so I don't look at that as being the old standard that we're going to reduce it by .36 percent because it was going from 36.36 percent down to 36 percent. I still view this as a request to go from 25 percent to 36 percent which is you know is how I would judge this request here so I am concerned about the increase in hard cover and I know everyone wants a 3 car garage. I know I've had to adjust my structure when we built our's to get a 2 car front loaded garage. I'm concerned that that extra third car is taking 20 times 24, 500 roughly square feet of extra hard cover which if you eliminated that would be a long way to getting us back closer to the 25 percent so I'd just ask that we take a hard look at the hard cover variance request because more hard cover means more runoff into the water. More runoff into the water leads to degraded lake quality. I am glad the staff has suggested the 20 foot buffer strip because that will certainly help. I don't understand the pervious versus impervious. I understand you know block versus asphalt but to me it's all impervious if it's a stone if you will. So I am concerned about the hard cover 7 Chanhassen Planning Commission — January 2, 2018 variance request so I'd just ask you take a careful look at that as you're making a decision so, thank you. Aller: Thank you. Any other individuals wishing to come forward at this time? Okay, seeing no one come forward I'll go ahead and close the public hearing and I'll ask for some comments from our public works and Water Resource Coordinator who are available. Thank you very much for being here. Maybe start with Mr. Oehme about the snowplowing and where we're going to put that snow. Oehme: Sure. Good evening Chairman Aller and commissioner members. So I did have a conversation with our street crew and specifically the plow driver in this area recently so as Deb had eluded to our snowplow driver drives down Red Cedar Point here. Kind of cleans this area up and then backs up to this area and then turns around so obviously if this property is developed that cannot take place anymore. The City, this area was platted in the early 1900's and luckily there is a little bit additional right-of-way in this area here so the thought is, is that the snow plow driver in the future would be able to do a three point turn. Basically come down. Stay within this cul-de-sac area here. Come back out and then around. I think there's going to be, need to be some tree or I think there's an old cottonwood that might have to go and some brush that have to be cleaned up in that area and then we would also have to talk to this property owner here. I think that property owner parks a car or two right there so we would have to work with them and try to at least in the wintertime you know having an access area so we're not going to be backing that snowplow into that vehicle there. With this three point turn that we're talking about it's actually a safer movement than currently being taken right now. The snowplow driver wouldn't have to back up you know half a block or whatever onto a public street here to make that turn around. You'd basically be backing up to the north and where there's no vehicles, would be no vehicles at that point in time so staff is proposing that we would look at cleaning this area up so we can make that turn around at this point instead of down at this property here. Weick: Can I, I'm confused. Oehme: I'm sorry. Weick: The plow can turn around there now because it's a gravel lot, correct? Oehme: Well there's, it's a little restrained right now. There's I think in most of the time there's a car or two that's parked right here and then there's some brush in the back that doesn't allow them to back up far enough to make that turn around possible at this time. Weick: I guess what I mean on the subject property. What's changing on the subject property to change the way the street gets plowed? That's what I'm. Oehme: Well the road's not going to get plowed any differently than it is today. 0 Chanhassen Planning Commission — January 2, 2018 Weick: Okay. Oehme: In front of the subject property. It's just where he turns around has to change. Right now he backs up onto this property. Weick: Right. Oehme: With his vehicle. With the plow truck and then turns around so we're not, in the future we're suggesting we're not turn around at that point. We're looking at turning around up where my pointer is. Weick: But it's the development of the property that's changing the snowplow, not the setback? Aanenson: Right. I would also say it's probably not best practices to turn around on private property. Weick: Exactly yeah, but I'm just trying to understand what's going on there. Oehme: It's just easier for them to turn around here today versus right at this location just because of the brush and debris and some of the vehicles that are sitting there. Weick: Okay. Okay, thank you. Aller: And in that location where we have the right-of-way it would be our responsibility to keep that maintained at some point anyway. Oehme: That's correct. It's in our right-of-way. We just would need to take better housekeeping of that area especially in the winter months. Aller: Okay, and then would the parking be off, the on street parking or off street parking in the right-of-way that's being utilized by the private homeowner that normally would not be accessible. It's somewhere it's basically been gratis because we haven't used it. Oehme: Correct. So we just would have to work with that property owner to make sure they have the ability to park their vehicles there like they have in the past so. Aller: Okay. And then if we could move onto the storm water drainage and lake clarity that would be great_ Strong: Okay, great. So cars come and go literally but I tend to look at a property like this from the perspective of the water so I'm looking at it from the back side. For me how far the impervious is from the actual lake is what I'm trying to protect because that's something we can't change and the lake is there forever and that lake is there for everyone. My main concern 9 Chanhassen Planning Commission — January 2, 2018 is while we do have a non -conforming use that we need to take into consideration and we need to balance that with the needs of the property owner, we also have to look at what's best for the lake. And to do that we have to kind of try to balance what's continuing with maybe ways to implement newer management strategies while balancing non -conforming use but not just continuing to allow them to be the way they are but somehow finding balance to make them a little bit better each step of the way. That's where the 20 foot buffer comes in. That's for exchanging it for pervious pavers for all non -necessary impervious surfaces comes in. I understand that pervious pavers are newer to Chanhassen. I have a bit of a history with them and I'm very confident that because of how they've been used throughout the Twin Cities metro they are very successful. We have a lot of constrained sites and we've had to come up with new ways to treat storm water. Installed correctly is a very important factor. Using the Pervious Paver Institute, which is also supported by MnDOT is usually the best place to start and I'm pretty confident, especially if the homeowner's already had this installed previously, they're a very good candidate for installing something that will be maintainable. Another benefit to pervious pavers is that they reduce salt usage and being that close to the water salt use has a significant impact on water quality so they do reduce volume. Most importantly they reduce rate and flow. Combining that with a buffer and then right at the shoreline edge just working on some different strategies to see where we can replace rip rap with more vegetation to create habitat at that high habitat area zone, I think that helps improve the property overall so, but when it comes to pervious pavers you know it's something that we're learning here but they have been tried, tested and true within the Twin Cities metro and they do work if installed correctly so. Aller: So I guess one of the things that I would like to know, if it's possible to get an answer for this, if you take the property as it sits today and you theoretically build a new property in it's place and you look at both water systems, is it going to be more beneficial to have the new system in place for the lake or to leave it as it is? Does that make sense? Strong: It does. That's a tricky question to answer. At the end of the day impervious cover is impervious cover. Storm water runoff goes straight to the lake when it hits an impervious surface so I think we're getting as close as we possible can to an equal trade. Aller: Okay. Strong: It may be slightly worst but I think following through the property owner looks like they're going to do everything possible to make it an equal trade as much as possible. Understanding again this is a non -conforming use. Aller: Right. Strong: And a unique site. Aller: Okay. Based on my questions and the answer, any other additional questions of staff. Commissioner Randall. 10 Chanhassen Planning Commission — January 2, 2018 Randall: One of the questions Ms. Lockhart brought up was where that snow gets piled up in that corner. Is that going to be an issue? Or she talked about how it got piled up on the, kind of where that green bush would be. Right in that area I believe. Debbie Lockhart: It comes straight in next to it. Randall: Next to it. Debbie Lockhart: So it's going straight to, you're going right next to the yellow house. Between the bush and the yellow house. It goes straight up there. Randall: Okay. Any issues with that as far as watershed or plowing? Oehme: So that's, this area is really tight to begin with so we'll do our best to find places within our right-of-way to place that snow. Randall: Okay. Oehme: So like I said we're going to try to clean up this area a little bit better than it is today and maybe try to pile as much snow over here as we can and not on private property. Strong: It's proximity to the lakeshore itself and the lake itself, and melting it's very close in either location. It's so close it's very difficult to make a decision as to whether or not it would have an adverse impact on the water. Aller: Any additional questions? Strong: It's good questions. Aller: Then I'll open it up for commissioner comment at this point. How are people feeling about the request and would you like to take any action? Commissioner Weick. Weick: Yes, thank you. I think my largest concern is the, you know the lot coverage really isn't changing. May or may not get better with pervious pavers. I'm not sure. You know how I feel about that so it's, you know that's a bit of a disappointment. I don't think, after hearing everything I don't think there's an issue with the front yard setback or the driveway to me. I'm having looked at other cases in this area as well I'm really pleased with the side yard setbacks. We've approved some things that are like you know reach out and you know hand your neighbor a razor or something so I think that's pretty good. But the only, you know the biggest thing is just not changing that lot coverage at all. That's disappointing to me. Aller: Commissioner Madsen. 11 Chanhassen Planning Commission — January 2, 2018 Madsen: I do have a concern about the length of the drive. Although it sounds like it might work for the purpose intended for this homeowner, maybe a future homeowner would have larger vehicles and with the limited space on the road I just think it's important that you know that there is places in the driveway for guests and people to park their cars. Alter: Commissioner Tietz. Tietz: Yeah I concur with Nancy with her comments about the parking. I think that is going to be a long term problem. The comment was made about a lot of the homeowners in the neighborhood have 2 car garages. With the current as proposed design eliminating one car would not solve the problem. Even if you had a 2 car garage because you're not going to get, it's a depth issue. Not a width issue because as Steve noted we've got you know better side lot than we've had in some other situations here so it's a, it's purely a depth issue and you can't go closer to the lake so I think it's a difficult site and a difficult neighborhood to build in and unfortunately most new construction is maximizing everything and that's, goes with I guess today's construction and design so I think it's a problem and I don't know how it could be resolved without redesigning the house and shrinking the depth of the house to get the setbacks because he's really maximized every inch that's available which is unfortunate in this case. But I still regarding construction I think it needs to be properly, and I don't know if the City signs it or if the contractors has to sign it during construction. Is that a City signage for parking? Or do they have to request. Aanenson: It can be. It's also managed through building inspections and the fire chief which we've done up there. Had the fire truck come up and. Tietz: And so it would be the full length in this neighborhood, both out to the point and beyond. Aanenson: We'll have to look at that to see how that works. I mean also making sure, to say that we can guarantee they're going to park on his property off site but they're going to have to find somewhere that it's passable during construction. Tietz: Controlling subcontractors, you know construction and trucks is really an issue. Aanenson: Yes. Tietz: I don't know if any of you, if any of you have followed the construction of Marty Davis' home on Lake Minnetonka. He actually had to buy a lot down by Howards Point Marina and shuttled people back and forth because they had such a congested issue with parking down in that neighborhood. Obviously that's not something we can do here but it's only because this neighborhood is so constricted and we just have to be very cognizant of, and respecting all the neighbors. 12 Chanhassen Planning Commission — January 2, 2018 Aller: Well I'll entertain a motion at this time if someone would like to make one. Either as is or modified as you see fit. Weick: I'll make a motion. Aller: Commissioner Weick. Weick: Chanhassen Board of Appeals and Adjustments approves an 11 '/2 foot front yard setback, a 22.1 foot lakeshore setback, and an I 1 percent lot coverage variance, subject to the conditions of approval and adopts the attached Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Randall: I second. Aller: Thank you Commissioner Randall. We have a motion and a second. Any further discussion? I will say that this area is so unique. The plots are so unique that it's not surprising that we're here doing this. The property is non -conforming and as much as I don't hear that it is the best, it seems like it is a fair trade off which would allow for the homeowner to maximize the use and benefit of their property as situated and I think based on the, again the side lots and the setbacks that we do have, the buffer that is there and the concern that's been placed in the report already for purposes of the lake, and I am very concerned about the lake and that's why I was following up with those questions but I think that's about as good as we're going to get with the, with new construction unless we would deny it so 1, because I think that it's a fair and proper use of the property I'll be voting for it. Any other discussion or comment? Weick moved, Randall seconded that the Chanhassen Board of Appeals and Adjustments approves an 11.5 foot front yard setback, a 22.1 foot lakeshore setback, and an 11 percent lot coverage variance, subject to the following conditions of approval and adopts the attached Findings of Fact and Decision: The applicant must apply for and receive a building permit. 2. A title search for the property should be conducted to ensure any/all existing easements are documented. A new 1"=20' scale survey should be provided as part of the building permit application clearly showing the proposed setbacks and lot coverage for the proposed house and structures. 4. At least one tree must be planted in the front yard, if one is not present after construction. 13 Chanhassen Planning Commission — January 2, 2018 Tree protection fencing must be properly installed at the edge of the grading limits across the entire south side. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities beyond those indicated in the tree removal plan shall be replaced. 6. No equipment may be stored within the tree protection area. 7. Appropriate tree protection measures must be taken to protect the rear yard ash from Emerald Ash Borer. The 162 square foot rear patio area is understood to be the property's water oriented structure. 9. Lot coverage may not exceed 3,319 square feet. 10. The proposed rear patio and driveway areas must be constructed using pervious paver systems. 11. A permanent 20 foot native vegetated buffer must be installed along the shoreline using species native to the ecotype with permanent buffer monuments. The buffer may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resource Coordinator. 12. The property owner must work with Minnehaha Creek Watershed District to identify and implement any shoreline restoration projects that would improve ecosystem health and function. Replace riprap with bioengineering solutions is one example. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: 7052 NIIN'NEWASHTA PARKWAY — VARIANCES INCLUDING FRONT YARD SETBACK WETLAND BUFFER SETBACK AND WETLAND BUFFER WIDTH. Aller: Again we'll be sitting as a Board of Appeals and Adjustments concerning variances. Generous: Good evening Chairman Aller, commissioners. Aller: Can everybody hear? Let's wait 30 seconds while it clears out. Thank you. Generous: Yes tonight we have a public hearing for Planning Case 2017-19 for 7052 Minnewashta Parkway. It's a variance request. This property is located on the southwest corner of Minnewashta Parkway and Kings Road. The applicant is Nathan Kirt and the property owner 14 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 0 CITY OF CHOHASSEN AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Agency Review Request Date: December 6, 2017 Agency Review Response Deadline: December 21, 2017 Date Application Filed: December 1, 2017 Contact: Contact Phone: Contact Email: MacKenzie Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Assistant Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: January 2, 2018 at 7:00 p.m. January 22, 2017 at 7:00 p.m. January 30, 2018 Application: Request to consider variances for hard cover, lake set back and front setback for property located at 3617 Red Cedar Point Road and zoned Single Family Residential RSF . Owner: Patricia Scuba. Applicant: Todd & Kristin Jackson. Planning Case: 2018-01 1 Web Page: www.ci.chanhassen.mn.us/2018-01 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: ❑ Attorney ❑ Army Corps of Engineers ® Building Official ❑ US Fish & Wildlife ® Engineer ® Fire Marshal Watershed Districts: ® ®❑ Forester Park Director Carver County WMO ® Water Resources ❑ Lower MN River El Enforcement ® Minnehaha Creek ❑ Riley -Purgatory -Bluff Creek Carver County Agencies: Utilities: ❑ ❑ Community Development Engineer ❑ Cable TV — Mediacom ❑ Environmental Services ❑ Electric — Minnesota Valley ❑ Historical Society ❑ Electric — Xcel Energy El Parks ❑ Magellan Pipeline ❑ Soil &Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink State Agencies: ❑ Board of Water & Soil Resources ❑ Health ❑ Historical Society ❑ Natural Resources -Forestry ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation Adiacent Cities: ❑ Chaska ❑ Eden Prairie ❑ Jackson Township ❑ Minnetonka ❑ Shorewood ❑ Victoria Adjacent Counties: ❑ Hennepin ❑ Scott School Districts: ❑ Eastern Carver County 112 ❑ Minnetonka 276 Other Agencies: ❑ Hennepin County Regional Railroad Authority ❑ MN Landscape Arboretum ❑ SouthWest Transit ❑ TC&W Railroad No.0065 P. 2 APPLICANT OTHER THAN PROPERTY OWNER-1n 61gnft this application, 1, as applicant, represent to have obtained Hum Whition froft>i-Ai operty owner to file this application. i agree to be bound by conditions of approval, subject only to ttto ftm to ebjedat" haaringa on the appjl soci or during the appeal period. If this application has not been signed by Knr�perty owner,1t hors attached separate documentation of full legal capacity to fine the application. This Application *W,tm be process" ' y name and I am the party whom the City should contact regarding any matter pertaining to this Alppliod ln. I wW keepihMIf informed d.tire:da dunes for submIsslon of materW and the proses of thls Application. I further uilderstaiid that additlonal fees maytie -barged for consulting fees, iessibil ty studies, etc. with an estimate prior to any auti6i6i4tio proceed with the study-. I csrft that the information and exhlblts submitted are true and correct. Name: a l Contact: r%�� J,K1��.✓ Address: Phons: Cerz-'SS?-03Yb CltAw-wzlp: Celt Ems oFax: Signature: Date: PROPEL ,0111MA: In Signing this appkelllon; op I, as property owner, have Tull legal capacity to, and hereby do, au111lori e f of this aMftaGon. I undamlifid chat oondltfons of approval are binding and agree to be bound by those OOnCR.11 rs s *ad only to the right to object at ifie hearings or during the appeal periods. I will keep myself Informed of ilia a dCirleer f'ior subAltedon of tlretierial and Vi+ogress of this application. I further understand that addWonsl fees may far chdtgoid caonsytdno lbej: lb kyr studies: eta. with an estimate prior to any authorizatlon to proceed with the study. I ji.ihatih:leron>rtegon and exhlbks;i;Itted are true and correct. CM10.li eefa F-ax L,47 Thla a0P.0CWn must be corn*ted In full and must be accompanied by an IMornWinn wW plans required by app bia'1*'6rdjnanoo provisions. EWore fiffng this appllratkm, refer to the appropriate Applloatlon Checkllst ter w*lft .Pipiii* vapartment to determine the specific ordtnance and applicable procedural ree*rnents and Tees. A determination Of bwWMAEftlawwatthe appllostlon shall be made within iG business days of appllcallon submittal. A ttKftrtftlotice of appllcalioil-Wciencles shall be malled to the applicant within 15 business days of application. Wtw sl9pld receive .e.Ppiss.ofalat( reports? Fr6parlt Owner Via: .Eniterll . '❑ Mailed Paper Copy "l�pgcant' Vh;' Finely- ElMelled Paper copy Engbeer Via: Email 1Msalled Paper Copy ❑ other' Vla:::[jSnail ❑ Mailed Paper Copy Cordact Phomf - C* _ ;Other Contact tnfonnatlon: Name: Address: City/State2lp: Email: INSTRtifCpONs$ TO APPLICANT: Complete all necessary form fields, then seled SAYE FORM to save a copy to your device. PRINT FORM and deliver to elty along with required documents and paymertt: SUBMIT FORM to send a ftffal copy to the city for processing. SAVE FORM PRINT FORM - SUHiM! FORM Zoo/ZOO*d ,};rot vv: L I. L IOZIS ll l l M.ii"` ee PURCHASE AGREEMENT TNs form approved by the Minnesota Assodation of REALTORS", whrch Zsmd lma any 11abUity arising out of use or misuse of this form. O 2017 Minnesota Assodalfon of REALTORS�0, Ed)na, MN CBEURNET.com �b ct '•,' 1. Date 09/35/2017 2, Page 1 3. BUYER (S): Todd and Kristin Jackson 4, __ _ a married couple 6. Buyer's earnest money In the amount of 6, Five Thousand Dollars ($ 5,000.00 7. shall be delivered to listing broker, or, If checked, to ❑ no later than two (2) Business ._._.......__..._..._..._._.._.rternasi ►don°y ttolaetj-....-............._._..__..�.__.... 8. Days after Final Acceptance Date of this Purchase Agreement. Buyer and Seller agree that earnest money shall be 9. deposited in the trust account of Earnest Money Holder as specified above within three (3) Business Days of receipt 10. of the earnest money or Final Acceptance Date of this Purchase Agreement, whichever Is later. 11. Said earnest money is part payment for the purchase of the property located at 12. Street Address: 3617 Red Cedar Point Road 13. City of Chanhassen County of Carver 14. State of Minnesota, legally described as 16. SECT 08 Ti9P 116 RA2NOR 023 RED CEDAR POINT LK MINNBWASHTALOT 09 BLOCK 04 & LOT 10 16. Said purchase shall Include all Improvements, fixtures, and appurtenances on the property, If any, including but not 17. limited to, the following (collectively the "Propertyl: garden bulbs, plants, shrubs, tress, and lawn watering system; 18. shed; storm sash, storm doors, screens, and awnings; window shades, blinds; traverse, curtain, and drapery 19. rods, valances, drapes, curtains, window coverings, and treatments; towel rods; attached lighting and bulbs; fan fixtures; 20. plumbing fixtures; garbage disposals; water softener; water treatment system; water heating systems, heating systems; 21, air exchange system; e+-tvironmental .remediation system (e.g., radon, vapor intrusion); sump pump; TV antenna/cable 22. TV jacks and wiring/, V wa!I mounts; wall/celling-mounted speakers and mounts; carpeting; mirrors; garage door 23. openers and all controls; smoke detectors; fireplace screens, door, ar,d heatllators; BUILT4NS: dlshwashers; ref rlgerators; 24. wine/beverage refrigerators; trash compactors; ovens; cook -top stoves; warming drawers; microwave ovens; hood fens; 26. shelving; work benches; Interooms; speakers; air conditioning equipment; electronic air filter; humidifier/dehumldrfler; 26. liquid fuel tanks (and controls); pool/spa squipment; propane tank (and controls); security system equipment; TV satellite 27. dish; AND the following personal property shall ba transferred with no additional monetary value, and free and clear 28. of all liens and encumbrances: 29. 30. Notwithstanding the foregoing, leased fixtures are not Included. 31. Notwithstanding the foregoing, the following Items) are excluded from the purchase: 32. 33. PURCHASLE PRICE: 34. Seller has agreed to sell the Property to Buyer for the sum of ($ 520,000.00 _ ) 35. Five Hundred TwQ=ty Thousand Dollars, 36. which Buyer agrees to pay in the following manner: 37. 1. 25 perc nt (%} of the sale price In CASH, or more In Buyses sole discretion, which Includes the earnest 38. mon( 39. 2. pe cent (%} of the sale price In MORTGAGE FINANCING. (See following Mortgage Financing section.) 40, 3. percent (%) of the sale price by ASSUMING Seller's current mortgage. (See attached Addendum to 41. Purchase Agreement: Assumption Financing.) 42, 4. percent (%) of the sale price by CONTRACT FOR DEED. (See attached Addendum to Purchase 43. Agreement: Contract for Dead Financing.) 44• CLOSING DATE: 45. The date of closing shall be On or before January 24 Zit 18 MN:PA-1 (8/17) BURNET PURCHASE AGREEMENT CBBURNETcom i c uc- 46. Page 2 Date 09/25/2017 47. Property located at 3617 Red Cedar Point Road Chanhassen MN 55331 48. MORTGAGE FINANCING: 49. This Purchase Agreement LK IS ❑ IS NOT subject to the mortgage financing provisions below. If IS, complete the -------} (Check one.------- 50. MORTGAGE FINANCING section below. If IS NOT, proceed to the SELLER'S CONTRIBUTIONS TO BUYER'S 51. COSTS section. 52. Such mortgage financing shall be: (Check one.) 53. © FIRST MORTGAGE only [] FIRST MORTGAGE AND SUBORDINATE FINANCING. 54. Buyer shall apply for and secure, at Buyer's expense, a: (Check all that apply.) 55. ©CONVENTIONAL 56. ❑ DEPARTMENT OF VETERANS' AFFAIRS ("DVA") GUARANTEED 57. FEDERAL HOUSING ADMINISTRATION ("FHA") INSURED 58. ❑ MINNESOTA HOUSING FINANCE AGENCY ("MHFA") 59. []PRIVATELY INSURED CONVENTIONAL 60. ❑ UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") RURAL DEVELOPMENT ❑ OTHER. mortgage in the amount stated in this Purchase Agreement, amortized over a period of not more than -_ 30 -_ 63. years, with an initial interest rate at no more market percent (%) per annum. The mortgage application IS TO 64. BE MADE WITHIN FIVE (5) BUSINESS DAYS after the Final Acceptance Date of this Purchase Agreement. Buyer 65. agrees to use best efforts to secure a commitment for such financing and to execute all documents required to 66. consummate said financing. 67. MORTGAGE FINANCING CONTINGENCY: This Purchase Agreement is contingent upon the following and applies 68. to the first mortgage and any subordinate financing. (Check one.) 69. © If Buyer cannot secure the financing specified in this Purchase Agreement, and this Purchase Agreement does not 70. close on the closing date specified, this Purchase Agreement is canceled. Buyer and Seller shall immediately 71. sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be 72. U REFUNDED TO BUYER ]X FORFEITED TO SELLER. .......................................... ----(Check -.) -------------------------- NOTE: If this Purchase Agreement is subject to DVA or FHA financing, FORFEITEDTO SELLER maybe prohibited. 74. See the following DVA and FHA Escape Clauses. 75. (] Buyer shall provide Seller, or licensee representing or assisting Seller, with the Written Statement, on 76. or before - __ , 20 77. For purposes of this Contingency, "Written Statement" means a Written Statement prepared by Buyers mortgage 78. originator(s) or lender(s) after the Final Acceptance Date that Buyer is approved for the loan(s) specified in this 79. Purchase Agreement, including both the first mortgage and any subordinate financing, if any, and stating that an 80. appraisal, satisfactory to the lender(s), has been completed and stating conditions required by lender(s) to close 81. the loan. 82. Upon delivery of the Written Statement to Seller, or licensee representing or assisting Seller, the obligation for 83. satisfying all conditions required by mortgage originator(s) or lender(s), except those conditions specified below, 84. are deemed accepted by Buyer: 85. (a) work orders agreed to be completed by Seller; 86. (b) any other financing terms agreed to be completed by Seller here; and 87. (c) any contingency for the sale and closing of Buyer's property pursuant to this Purchase Agreement. 88. Upon delivery of the Written Statement, if this Purchase Agreement does not close on the stated closing date for 89. ANY REASON relating to financing, including, but not limited to interest rate and discount points, if any, then Seller 90. may, at Seller's option, declare this Purchase Agreement canceled, in which case this Purchase Agreement is 91. canceled. If Seller declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a 92. Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be 93. forfeited to Seller as liquidated damages. In the alternative, Seller may seek all other remedies allowed by law. MN:PA-2 (8117) Instanetros,.4s Aulhenllslgnl0: F6EOSB23.76ESA288-BF30-53C 4■11 U■ _ 4 BURNET PURCHASE AGREEMENT CdSURNET.com 41­1''K"'1WT11C 94, Page Dato 09/25/201'1 95. Properly located at 3617 Red Cedar Point Road Chanhassen MN 55331 96. Notwithstanding the language In the preceding paragraph, Seller may not declare this Purchase Agreement canceled 97. if the reason this Purchase Agreement does not close was due to: 98, (a) Seller's failure to complete work orders to the extent required by this Purchase Agreement; 99. (b) Seller's failure to complete any other financing terms agreed to be completed by Seiler here; or 100. (c) any contingency for the sale and closing of Buyer's property pursuant to this Purchase Agreement, except as 101, specified In the contingency for sale and closing of Buyer's property. 102. If the Written Statement Is not provided by the date specified on line 76, Seller may, at Seller's option, declare this 103. Purchase Agreement canceled by written notice to Buyer at any time prior to Seller receiving the Written Statement, 104, In which case this Purchase Agreement Is canceled. In the event Seller declares this Purchase Agreement canceled, 105. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 106. directing all earnest money paid here to be refunded to Buyer. 107, If the Written Statement is not provided, and Seller has not previously canceled this Purchaso Agreement, this 108. Purchase Agreement Is canceled as of the closing date specified In this Purchase Agreement. Buyer and Seller 109. shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest 110. money paid here to be refunded to Buyer. 111. LIKING OF MORTGAGE INTEREST RATE ("RATE"): The Rate shall be locked with the lendor(s) by Buyer: 112. (Check one.) 113. ❑ WITHIN FIVE (5) BUSINESS DAYS OF FINAL ACCEPTANCE DATE OFTHIS PURCHASE AGREEMENT; OR 114. [J AT ANYTIME PRIOR TO CLOSING OR AS REQUIRED BY LENDER(S). 115. LENDER COMMITMENT WORK ORDERS: Nothing In this Purchase Agreement shall be construed as a warranty 116. that Seller shall make repairs required by the lender commitment. However, Seller agrees to pay up to 117. $ 0.00 to make repairs as required by the lender commitment. If the lender commitment 118. Is subject to any work orders for which the cost of making said repairs shall exceed this amount, Seller shall have the 119. following options: 120. (a) making the necessary repairs; or 121. (b) negotiating the cost of making said repairs with Buyer; or 122. (c) declaring this Purchase Agreement canceled, In which case this Purchase Agreement is canceled. Buyer and Seller 123. shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest 124. money paid here to be refunded to Buyer, unless Buyer provides for payment of the cost of said repairs or escrow 125. amounts related thereto above the amount specified on line 117 of this Purchase Agreement. 126. ❑ SELLER © BUYER agrees to pay any reinspection fee required by Buyer's lender(s). --------(Check one.}--------•---- 127. FHA ESCAPE CLAUSE (FHA Financing on , "It Is expressly agreed that, notwithstanding any other provisions 128. of this contract, the purchaser shall not be obligated to complete the purchase of the Property described here or to incur 129. any penalty by forfeiture of earnest money deposits or otherwise, unless the purchaser has been given in accordance 130. with the Department of Housing and Urban Development ("HUD")/FHA or DVA requirements a written statement by the 131. Federal Housing Commissioner, Department of Veterans' Affairs, or a Direct Endorsement lender setting forth the 132. appraised value of the Properly as not less than $ (sale price) 133, The purchaser shall have the privilege and option of proceeding with consummation of the contract without regard 134. to the amount of the appraised valuation. The appraised valuation Is arrived at to determine the maximum mortgage 135. HUD will insure; HUD does not warrant the value nor the condition of the Property.The purchaser should satisfy himself/ 136. herself that the price and condition of the Property are acceptable" 137. LENDER PROCESSING FEES (FHA DVA Financing Only): Seller agrees to pay Buyer's closing fees and 138. miscellaneous processing fees which cannot be charged to Buyer, not to exceed $ 0.00 139. This amount Is in addition to Seller's Contributions to Buyer's Costs, If applicable. MN:PA3 (8/17) InstanetroRMs- 1 • �I U■ Aulhenli�lgn10:F6E0:823-T8E842EB�BFJO-SJC _ � i WKNE1 PURCHASE AGREEMENT ciiiikkicom_ oc...�eilk-Wylic- 140. Page 4 Date 09/25/2017 141. Property located at 3617 Red Cedar Point Road Chanhassen MN 55331 142. DVA FUNDING FEE (DVA Financing only): Pursuant to federal regulations, a one-time Funding Fee must be paid 143. at the closing of this transaction as follows: 144, paid by Buyer ❑ AT CLOSING ❑ ADDED TO MORTGAGE AMOUNT • ..................._..................._._.(Check one.)--........................................... -- 145, paid by Seiler 146. NOTE: DVA regulations limit the fees and charges Buyer can pay to obtain a DVA loan. 147. DEPARTMENT OF VETERANS' AFFAIRS ESCAPE CLAUSE (DVA Financing only): "it Is expressly agreed that, 148, notwithstanding any other provisions of this contract, the purchaser shall not Incur any penalty by forfeiture of earnest 149. money or otherwise be obligated to complete the purchase of the Property described here, If the contract purchase 150. price or cost exceeds the reasonable value of this Property established by the Department of Veterans' Affairs. The 161. purchaser shall, however, have the privilege and option of proceeding with the consummation of this contract without 152. regard to the amount of reasonable value established by the Department of Veterans' Affairs:' 153. NOTE: Verify DVA requirements relating to payment of all special assessments levied and pending, and 154. annual installments of special assessments certified to yearly taxes. 155. OTHER MORTGAGE FINANCING ITEMS: 156. 157. SELLER'S CONTRIBUTIONSTO BUYER'S COSTS: 168. Seller❑ ISM IS NOT contributing to Buyer's costs. If answer Is IS, Seller agrees to pay at closing, up to: (Checkone,) ...... (Check cna.}• -• 159. $ 160. ❑ percent (%) of the sale price 161. ❑ percent (%) of the mortgage amount 162. towards Buyer's closing fees, title service fees, title searches, title examinations, abstracting, lender's title Insurance, 163. owner's title Insurance, prepaid Items, other Buyer's costs allowable by lender, If any, and/or mortgage discount points. Any 164. amount of Seller's contribution that exceeds Buyer's allowable costs, or which cannot be used because Seller's 165. contribution exceeds the maximum Seller contribution allowed by law or by mortgage requirements, shall be retained 166. by Seller. 167. NOTE: The amount paid by Seller cannot exceed the maximum Seller contribution allowed by FHA, DVA, or 168. lender. All funds paid by Seller on behalf of Buyer must be stated on the Closing Disclosure at closing. 169. INSPECTIONS: 170. Buyer has been made aware of the availability of Property Inspections. Buyer Elects ❑ Declines to have a Property 171, Inspection performed at Buyer's expense. 172. This Purchase Agreement © IS ❑ IS NOT contingent upon any Inspection(s) of the Property obtained by Buyer to ...(Check one.)------ 173. determine Its condition, including any non -intrusive testing or any intrusive testing as allowed pursuant to this Purchase 174. Agreement. Any Inspection(s) or test(s) shall be done by an inspectors) or tester(s) of Buyer's choice. Buyer shall 175. satisfy Buyer as to the qualifications of the Inspector(s) or tester(s). For purposes of this Purchase Agreement, 176. "Intrusive testing" shall mean any testing, inspection(s), or Investigations) that changes the Property from its original 177. condition or otherwise damages the Property. 1-18. Seller ❑ DOES M DOES NOT agree to allow Buyer to perform intrusive testing or Inspectlon(s). -...----•----(Check one.}-__..._. 179, If answer Is DOES, Buyer agrees that the Property shall be returned to the same condition It was In prior to Buyer's 180. intrusive testing at Buyer's sole expense. 181. Seller will provide access to attic(s) and crawispace(s). WPA•4 (8/17) InslonetfoRMs' Aulhentlslgn 10: F6E05823•70E8428B•BF30-53C t t `� � �i BURNET CBBURNucom 183. Property located at 3617 Red Cedar Point Road PURCHASE AGREEMENT 182. Page 5 Date 09/25/2017 Chanhassen _MN 55331 164. All Inspection(s), test(s), and resulting negotiations, If any, shall be done within 120 _-- Calendar Days of Final 185. Acceptance Date of this Purchase Agreement ("Inspection Period"). Buyer may cancel this Purchase Agreement based 186. on the inspecilon(s) or test resull(s) by providing written notice to Seller, or licensee representing or assisting Seller, of 187. Buyer's Intent to cancel no later than the end of the Inspection Period. if Buyer cancels tills Purchase Agreement, 188, Buyer and Seller shall Immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 189. directing all earnest money paid here to be refunded to Buyer. If Buyer does not cancel this Purchase Agreement before 190. the end of the Inspection Period, then this Inspection Contingency shall be deemed removed and this Purchase 191. Agreement shall be in full force and effect. 192. Seller, or licensee representing or assisting Seller, EX] SHALL ❑ SHALL NOT have the right to continue to offer - ...........(Check one.} ............. -- 193. the Property for sale until this Inspection Contingency Is removed. 194, QTHER INSPECTION ITEMS: Buyers have 120 to do their due diligence to figure out a way to build a home of their 195• choice on the lot. If the Buyers cannot come to a satisfactory conclusion, this Purchase 196 Agreement is cancelled and the Earnest money will be forfeited to the Sellers. Upon a successful closing and before the Buyer demolishes the house, the Seller/a will have an 197. opportunity to take some keep sakes from the home. 198. SALE OF BUYER'S PROPERTY: 199. (Check one.) 200. ❑ 1. Tills Purchase Agreement Is subject to an Addendum to Purchase Agreement: Sale of Buyer's Property 201. Contingency for the sale of Buyer's property. (If checked, see attached Addendum,) 202. OR 203. ❑ 2. This Purchase Agreement Is contingent upon the successful closing on the Buyer's property located at 204. _ , which Is scheduled to close on 205. , 20 pursuant to a fully executed purchase agreement, If Buyer's 206. property does not close by the closing date specified in this Purchase Agreement, this Purchase Agreement 207, Is canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said 208. cancellation and directing all earnest money paid here to be refunded to Buyer,The language in this paragraph 209. supersedes any other provision to the contrary in any financing contingency made a part of this Purchase 210. Agreement, if applicable. 211. OR 212. X❑ 3. Buyer represents that Buyer has the financial ability to perform on this Purchase Agreement without the sale 213. and closing on any other property. 214. REAL ESTATE TAXES/SPECIAL ASSESSMENTS: 215. REAL ESTATE TAXES: Seller shall pay on the date of closing all real estate taxes due and payable in all prior years 216. including all penalties and Interest, 217. Buyer shall pay ❑X PRORATED FROM DAY OF CLOSING ❑ 12ths OF ❑ ALL[] NO real estate taxes due _............... _..... ....---(Chsckons.}............ .... _-- 218. and payable In the year of closing. 219. Seller shall pay © PRORATED TO DAY OF CLOSING ❑ 12ths OF ❑ ALL ❑ NO real estate taxes due and _ (Check ono.} ........................... ........................ ............ 220. payable In the year of closing. 221. If the Property tax status Is a part -or non -homestead classification in the year of closing, Seller© SHALL❑ SHALL NOT ....-...-..-(Check ore}---- ........ 222. pay the difference between the homestead and non -homestead. 223. Buyer shall pay real estate taxes due and payable In the year following closing and thereafter, the payment of which 224. Is not otherwise here provided. No representations are made concerning the amount of subsequent real estate taxes. MN:PA-5 (8117) InstanetfoR+'fis, 11 J■ AulhenUsign ID: F6£DSB11-78EBd288•BF�9-SAC � 4 91 Lg� Bumff C68URNET.com 0"-d b, N- rot, UC 226. Property located at 3617 Red Cedar Point Road 227 DEFERRED TAXES/SPECIAL ASSESSMENTS: PURCHASE AGREEMENT 225. Page 6 Date 09/25/2017 Chanhassen MN 55331 228. ❑ BUYER SHALL PAY M SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g., Green - -._...... ---_........... (Chackone.} 229. Acres) or special assessments, payment of which is required as a result of the closing of this sale. 230. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING © SELLER SHALL PAY ON ................. ....... ........ .... ................. __.--....._. (Check one.} 231. DATE OF CLOSING all installments of special assessments certified for payment, with the real estate taxes due and 232. payable in the year of closing. 233. ❑ BUYER SHALL ASSUME M SELLER SHALL PAY on date of closing all other special assessments levied as ..................(Checkona. --------------------- -- 234. of the date of this Purchase Agreement. 235. ❑ BUYER SHALL ASSUME Rc] SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as _ ................................................ (Check one.} 236. of the date of this Purchase Agreement for Improvements that have been ordered by any assessing authorities. (Seller's 237, provision for payment shall be by payment Into escrow of two (2) times the estimated amount of the assessments 238. or less, as required by Buyer's lender.) 239. Buyer shall pay any unpaid special assessments payable In the year following closing and thereafter, the payment of 240, which is not otherwise here provided. 241. As of the date of this Purchase Agreement, Seller represents that Seller ❑ HAS M HAS NOT received a notice 242, regarding any new Improvement project from any assessing authorities, the costs of which project may be assessed 243. against the Property. Any such notice received by Seller after the date of this Purchase Agreement and before closing 244, shall be provided to Buyer Immediately. If such notice Is Issued after the date of this Purchase Agreement and on 246. or before the date of closing, then the parties may agree In writing, on or before the date of closing, to pay, provide 246. for the payment of, or assume the special assessments. In the absence of such agreement, either party may declare 247. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 248. party, In which case this Purchase Agreement Is canceled. If either party declares this Purchase Agreement canceled, 249. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 260. directing all earnest money paid here to be refunded to Buyer. 251, ADDITIONAL PROVISIONS: 252. PREVIOUSLY WRITTEN PURCHASE AGREEMENT: This Purchase Agreement ❑ IS Q IS NOT subject to .......(Check one.) -------- 253. cancellation of a previously written purchase agreement dated 20 . 254. (It answer Is IS, said cancellation shall be obtained no later than , 20 . 255. If said cancellation Is not obtained by said date, this Purchase Agreement is canceled. Buyer and Seller shall Immediately 256, sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to 257. be refunded to Buyer.) 258. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a: (Check one.) 259. © Warranty Deed, ❑ Personal Representative's Deed, ❑ Contract for Deed, ❑ Trustee's Deed, -or 260. ❑ Other: Deed joined in by spouse, if any, conveying marketable title, subject to 261. (a) building and zoning laws, ordinances, and state and federal regulations; 262. (b) restrictions relating to use or improvement of the Property without effective forfeiture provisions; 263. (c) reservation of any mineral rights by the State of Minnesota; 264. (d) utility and drainage easements which do not Interfere with existing Improvements; 265. (e) rights of tenants as follows (unless specified, not subject to tenancies): 266. 267. (f) others (must be specified in writing): 268. MN:PA•6 (8117) ;and InStOnelF0RMS' ■ II U ■ Aulhenitslgn 10: F6EDSB23•78E8-418B aF305DC y ro�� BURN l C88URNWCwM op -sorb "7UC 270. Property located at 31517 Red Cedar Point Road PURCHASE AGREEMENT 269. Page 7 Date 09/25/2017 Chanhassen MN 55331 271. POSSESSION: Seller shall deliver possession of the Property: (Check one.) 272. U IMMEDIATELY AFTER CLOSING; or 273. ❑ OTHER: -_ 274. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HERE from the Property 275. by possession date. 276. LINKED DEVICES: Seller warrants that Seller shall permanently disconnect or discontinue Seller's access or service 277. to any device or system on or serving the properly that Is connected or controlled wlrelessly, via Internet protocol ("IP") 278. to a router or gateway or directly to the cloud no later than delivery of possession as specjfied In this Purchase 279. Agreement. 280, PRORATIONS: All interest; unit owners' assoclation dues; rents; and charges for city water, city sewer, electricity, and 281. natural gas shall be prorated between the parties as of date of closing. Buyer shall pay Seller for remaining gallons of 282. fuel oil or liquid petroleum gas on the day of closing, at the rate of the last fill by Seller. 283. _TITLE AND EXAMINATION: As quickly as reasonably possible after Final Acceptance Date of this Purchase Agreement: 284. (a) Seller shall deliver any abstract of title and a copy of any owner's title insurance policy for the Property, If 285. in Seller's possession or control, to Buyer or Buyer's designated title service provider. Any abstract of title or 286. owner's title Insurance policy provided shall be immediately returned to Seller, or licensee representing or 287, assisting Seller, upon cancellation of this Purchase Agreement; and 288. (b) Buyer shall obtain the title services determined necessary or desirable by Buyer or Buyer's lender, Including 289. but not limited to title searches, title examinations, abstracting, a title Insurance commitment, or an attorney's 290. title opinion at Buyer's selection and cost and provide a copy to Seller. 291. Seller shall use Seller's best efforts to provide marketable title by the date of closing. Seller agrees to pay all costs 292. and fees necessary to convey marketable title including obtaining and recording all required documents, subject to the 293. following: 294. In the event Seller has not provided marketable title by the date of closing, Seller shall have an additional thirty 295. (30) days to make title marketable, or In the alternative, Buyer may waive title defects by written notice to Seller. In 296. addition to the thirty (30)-day extension, Buyer and Seller may, by mutual agreement, further extend the closing 297. date. Lacking such extension, either party may declare this Purchase Agreement canceled by written notice to 298. the other party, or licensee representing or assisting the other party, in which case this Purchase Agreement Is 299. canceled. If either party declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a 300. Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be 301. refunded to Buyer. 302. SUBDIVISION OF LAND, BOUNDARIES, AND ACCESS: If this sale constitutes or requires a subdivision of land 303. owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approvals. Seller 304. warrants that the legal description of the real property to be conveyed has been or shall be approved for recording as 305. of the date of closing. Seller warrants that the buildings are or shall be constructed entirely within the boundary lines 306, of the Property. Seller warrants that there is a right of access to the Property from a public right-of-way. 307. MECHANIC'S LIENS: Seller warrants that prior to the closing, payment In full will have been made for all labor, materials, 308. machinery, fixtures, or tools furnished within the 120 days Immediately preceding the closing In connection with 309. construction, alteration, or repair of any structure on, or improvement to, the Property. 310. NOTICE$: Seller warrants that Seller has not received any notice from any governmental authority as to condemnation 311. proceadings, or violation of any law, ordinance, or regulation. If the Property is subject to restrictive covenants, Seller 312. warrants that Seller has not received any notice from any person or authority as to a breach of the covenants. Any 313. such notices received by Seller shall be provided to Buyer Immediately. 314. DIMENSIONS: Buyer acknowledges any dimensions, square footage, or acreage of land or improvements provided 315. by Seller, third party, or broker representing or assisting Seller are approximate. Buyer shall verify the accuracy of 316. information to Buyer's satisfaction, if material, at Buyer's sole cost and expense. 317. ACCESS AGREEMENT: Seller agrees to allow reasonable access to the Property for performance of any surveys or 318. Inspections agreed to here. , MN: PA-7 (8/17) InstanelFOWAS' AuthendsfgnID:FSEDSB23-78E84288.9F30-53C _ " BURNa BBURME- com C."_ 1b, t.- "I I I C 320. Properly located at 3617 Red Cedar Point Road PURCHASE AGREEMENT 319. Page 8 Dato 09/25/2017 Chanhassen MN 55331 321. RISK OF LOSS: If there Is any loss or damage to the Property between the Final Acceptance Date and the date of 322. closing for any reason, including fire, vandalism, flood, earthquake, or act of God, the risk of loss shall be on Seller. If 323. the Property Is destroyed or substantially damaged before the closing date, this Purchase Agreement Is canceled, 324. at Buyer's option, by written notice to Seller or licensee representing or assisting Seller, if Buyer cancels this Purchase 325. Agreement, Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation 326. and directing all earnest money paid here to be refunded to Buyer. 327. TIME OF ESSENCE: Time Is of the essence In this Purchase Agreement. 328. CALCULATION OF DAYS: Any calculation of days begins on the first day (Calendar or Business Days as specified) 329. following the occurrence of the event specified and Includes subsequent days (Calendar or Business Days as specified) 330. ending at 11:59 RM, on the fast day. 331. BUSINESS DAYS: "Business Days" are days which are not Saturdays, Sundays, or state or federal holidays unless 332. stated elsewhere by the parties In writing. 333. CALENDAR DAYS: "Calendar Days" Include Saturdays, Sundays, and state and federal holidays. 334. RELEASE OF EARNEST MONEY: Buyer and Seller agree that the Earnest Money Holder shall release earnest money 335. from the Earnest Money Holder's trust account: 336. (a) at or upon the successful closing of the Property; 337. (b) pursuant to written agreement between the parties, which may be reflected In a Cancellation of Purchase 338. Agreement executed by both Buyer and Seller; 339. (c) upon receipt of an affidavit of a cancellation under MN Statute 559,217; or 340. (d) upon receipt of a court order. 341. DEFAULT: If Buyer defaults in any of the agreements here, Seller may cancel this Purchase Agreement, and any 342. payments made here, Including earnest money, shall be retained by Seller as liquidated damages and Buyer and Seller 343. shall affirm the same by a written cancellation agreement. 344. If Buyer defaults In any of the agreements here, Seller may terminate this Purchase Agreement under the provisions 345. of either MN Statute 559.21 or MN Statute 559.217, whichever is applicable. If either Buyer or Seller defaults In any 346. of the agreements here or there exists an unfulfilled condition after the date specified for fulfillment, either party may 347. cancel this Purchase Agreement under MN Statute 559.217, Subd. 3. Whenever It Is provided here that this Purchase 348, Agreement is canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation under MN 349. Statute 559.217, Subd. 4. 350. If this Purchase Agreement Is not canceled or terminated as provided here, Buyer or Seller may seek actual damages 351. for breach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to specific 352. performance, such action must be commenced v✓ithln six (6) months after such right of action arises. 353. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender 354. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be obtained 355. by contacting the local law enforcement offices In the community where the Property is located or the Minnesota 356. Department of Corrections at (651) 361-7200, or from the Department of Corrections web site at 357. www.corr.state.mn.us. 358. BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO 359. ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 360, THIS PURCHASE AGREEMENT. 361. BUYER HAS RECEIVED A: (Check any that apply.) ❑ DISCLOSURE STATEMENT.' SELLER'S PROPERTY 362, DISCLOSURE STATEMENTORAQDISCLOSURE STATEMENT. SELL ER'S DISCLOSURE ALTERNATIVES FORM. 363. DESCRIPTION OF PROPERTY CONDITION: Soo Disclosure Statement: Seller's Property Disclosure Statement or 364. Disclosure Statement: Seller's Disclosure Alternatives for description of disclosure responsibilities and limitations, if 365. any. 366. BUYER HAS RECEIVEDTHE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. 367, BUYER IS NOT RELYING ON ANY ORAL REPRESENTATIONS REGARDING THE CONDITION OF THE PROPERTY 368. AND ITS CONTENTS. MN:PA-8 (8/17) InstonefFORMS' AuthonllsfgnlD:F6E0502]•78E8448a-BF7053C 11 Uf_M• BURNET CBBURNET.c- c+,..��lq Nt Corn 370. Properly located at 3617 Red Cedar Point Road 371. (Check appropriate boxes.) PURCHASE AGREEMENT 369. Page 9 Date . 09/25/2017 Chanhassen MN 55331 372. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 373. CITY SEWER AYES ❑ NO / CITY WATER MYES ❑ NO 374. SUBSURFACE SEWAGE TREATMENT SYSTEM 375. SELLER ❑ DOES © DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR .. _............(Check one.}..-_---------- 376. SERVING THE PROPERTY. (If answer Is DOES, and the system does not require a state permit, see Disclosure 377. Statement: Subsurface Sewage Treatment System.) 378. PRIVATE WELL 379. SELLER ❑ DOES © DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY. •....._._........_(Check one.} ....... - 380. (If answer is DOES and well is located on the Properly, see Disclosure Statement: Well,) 381. THIS PURCHASE AGREEMENT 0IS © IS NOT SUBJECT TO AN ADDENDUM TO PURCHASE AGREEMENT, .--.---(Check one.}-•------- 382. SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY. 383. (If answer is IS, see attached Addendum.) 384. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS 385. RECEIVED ADISCLOSURE STATEMENT: WELL AND/OR ADISCLOSURE STATEMENT- SUBSURFACE SEWAGE 386. TREATMENT SYSTEM, 387, HOME PROTECTIONIWARRANTY PLAN: Buyer and Seller are advised to Investigate the various home protection/ 388. warranty plans available for purchase. Different home protection/warranty plans have different coverage options, 389. exclusions, limitations, and service fees. Most plans exclude pre-existing conditions. (Check one.) 390. ❑ A Home Protection/Warranty Plan will be obtained by ❑ BUYER ❑ SELLER and paid for by — ......... one.}-.___._......._ 391. ❑ BUYER ❑ SELLER to be Issued by ...............(Check one.}----._....--- 392. at a cost not to exceed $ 393. [] No Home Protect lon/Warranty Plan Is negotiated as part of this Purchase Agreement, However, Buyer may elect 394. to purchase a Home Protectlon/Warranty Plan. 395, AGENCY NOTICE 396. Winnie Y Crosbie Is © Seller's Agent ❑ Buyer's Agent ❑ Dual Agent ❑ Facilitator. (Licenses) _.._.._....... -........ .._.......... (Check one.}--_ --- --- ------------------------------- ---- 397. Edina Realty, Inc. (Reel Estate Company Name) 398. Eric B miller Is ❑ Seller's Agent ❑>< Buyer's Agent ❑ Dual Agent ❑ Facilitator. (Lkensee)......... ................... ................. ....... (Checkone.)--- __------------------ - ------------ _._.... ---- 399. Coldwell Banker Burnet (Real Estate Company Name) 400. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. MN:PA-9 (9117) InstanetFoms' AulhentIstgn 10: F6E05823.78E84289 BM-MJL%Aa4jj a ' 4 B_U_R_N_ ET_ C96URNET.com -;;,t y a..e mq uc 402. Property located at 3617 Red Cedar Point Road PURCHASE AGREEMENT 401. Page 10 Date 09/25/2017 Chanhassen MN 55331 403. DUAL AGENCY REPRESENTATION 404. PLEASE CHECK ONEOFTHE FOLLOWING SELECTIONS: 405. Q Dual Agency representation DOES NOT apply In this transaction. Do not complete Imes 406-422. 406. ❑ Dual Agency representation DOES apply In this transaction. Complete the disclosure In lines 407-422. 407. Broker represents both the Seller(s) and the Buyer(s) of the Property Involved in this transaction, which creates a 408, dual agency. This means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because 409, the parties may have conflicting Interests, Broker and Its salespersons are prohibited from advocating exclusively for 410, either party, Broker cannot act as a dual agent In this transaction without the consent of both Sellers) and Buyer(s). 411. Seller(s) and Buyer(s) acknowledge that 412. (1) confidential Information communicated to Broker which regards price, terms, or motivation to buy or sell will 413. remain confidential unless Seller(s) or Buyer(s) Instructs Broker in writing to disclose this Information. Other 414. Information will be shared; 415. (2) Broker and its salespersons will not represent the Interest of either party to the detriment of the other; and 416. (3) within the limits of dual agency, Broker and Its salespersons will work diligently to facilitate the mechanics of 417. the sale. 418. With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorize and Instruct Broker 419. and its salesperson to act as dual agents in this transaction. 420, Selleer �f; Buys[Avihenfiswr ,�h d jacCf#eart n >mi 421. Seller Buys ; ir'cf 501t 422. Date- Date 0M,120a.r:asNkiCUT 423. CLOSING COSTS: Buyer or Seller may be required to pay certain closing costs, which may effectively Increase the 424. cash outlay at closing or reduce the proceeds from the sale. 425. SETTLEMENT STATEMENT; Buyer and Seller authorize the title company, escrow agent, and/or their representatives 426. to disclose and provide copies of the disbursing agent's settlement statement to the real estate licensees Involved in 427. the transaction at the time these documents are provided to Buyer and Seller. 428. FOREIGN INVESTMENT IN REAL.PROPERTYTAX ACT ("FIRPTA"): Section 1445 of the Internal Revenue Code 429. provides that a transferee ("Buyer") of a United States real property Interest must be notified In writing and must withhold 430. tax If the transferor ("Seller") is a foreign person and no exceptions from FIRPTA withholding apply. Buyer and Seller 431. agree to comply with FIRPTA requirements under Section 1445 of the Internal Revenue Code, 432. Seller shall represent and warrant, under the penalties of perjury, whether Seller Is a "foreign person" (as the same 433. Is defined within FIRPTA), prior to closing. Any representations made by Seller with respect to this issue shall survive 434. the closing and delivery of the deed. 435. Buyer and Seller shall complete, execute, and deliver, on or before closing, any Instrument, affidavit, or statement 436. reasonably necessary to comply with the FIRPTA requirements, including delivery of their respective federal taxpayer 437. Identification numbers or Social Socurity numbers. 438. Due to the complexity and potential risks of failing to comply with FIRPTA, including the Buyer's responsibility for 439. withholding the applicable tax, Buyer and Seller should seek appropriate legal and tax advice regarding FIRPTA 440. compliance, as the respective licensee's representing or assisting either party will be unable to assure either 441. party whether the transaction Is exempt from FIRPTA withholding requirements. 442. ENTIRE AGREEMENT: This Purchase Agreement and any addenda or amendments signed by the parties shall 443. constitute the entire agreement between Buyer and Seller. Any otherwritten or oral communication between Buyer and 444. Seller, Including, but not limited to, e-mails, text messages, or other electronic communications are not part of this 445. Purchase Agreement. This Purchase Agreement can be modified or canceled only In writing signed by Seller and 446. Buyer or by operation of law. All monetarysums are deemed to be United States currency for purposes of this Purchase 447. Agreement. MN:PA-10 (8/17) lnslonetroRtAs- Authenttslgn ID: F6EDSB23-78E8-028B.BF30-53C M 12 BURNU CBBURNET.com q.�y►....r�,yuc 449. Property located at 3617 Red Cedar Point Road PURCHASE AGREEMENT 448. Page 11 Date 09/25/2017 Chanhassen MN 55331 450. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to this 451. transaction constitute valid, binding signatures. 452. FINAL ACCEPTANCE: To be binding, this Purchase Agreement must be fully executed by both parties and a copy 453, must be delivered. 454, SURVIVAL: All warranties specified in this Purchase Agreement shall survive the delivery of the deed or contract 455. for deed. 456. OTHER: 457. 458. 459. 460. 461. 462. 463. 464. 465. 466. 467. 468. 469. 470. 471. ADDENDA: The following addenda are attached and made a part of this Purchase Agreement. 472. NOTE: Disclosures and optional Arbitration Agreement are not part of this Purchase Agreement. 473. n Addendum to Purchase Agreement 474. ❑ Addendum to Purchase Agreement: Assumption Financing 475. ❑ Addendum to Purchase Agreement, Buyer Purchasing 'As Is" and Limitation of Seller Liability 476. ❑ Addendum to Purchase Agreement, Condominlum/Townhouse/Cooperative Common Interest Community 477. ("CIC') 478. ❑ Addendum to Purchase Agreement: Contract for Deed Financing 479. © Addendum to Purchase Agreement: Disclosure of Information on Lead -Based Paint and Lead -Based Paint 480. Hazards 481. ❑ Addendum to Purchase Agreement: Sale of Buyer's Property Contingency 482. ❑ Addendum to Purchase Agreement: Short Sale Contingency 483. ❑ Addendum to Purchase Agreement: Subsurface Sewage Treatment System and Well Inspection Contingency WPA-11 (8t17) lnstanetFORMS' Authenllsign ID:FSEDSB23.76Ead2a B.BF30-53C . r u Aql BURNET CBBURNET.com 485. Properly located at 3617 Red Cedar Point Road PURCHASE AGREEMENT 484. Page -12 Date 09/25/2017 Chanhassen 127 55331 486. I, the owner of the Property, accept this Purchase I agree to purchase the Property for the price and on 487. Agreement and authorize the listing broker to withdraw the terms and conditions set forth above. 488. said Property from the market, unless instructed I have reviewed all pages of this Purchase 489. otherwise In writing. Agreement. 490. 1 have reviewed all pages of this Purchase Agreement. 491. ❑ If checked, this Purchase Agreement is subject to 492. attached Addendum to Purchase Agreement: 493. Counteroffer, 494, FIRPTA: Seller represents and warrants, under penalty 495, of perjury, that Seller[] ISM IS NOT a foreign person (I.e., a ........(Check one) ...... 496. non-resident allen Individual, foreign corporation, foreign 497. partnership, foreign trust, or foreign estate for purposes of 498. Income taxation. (See Imes 428-441.)) This representation 499. and warranty shall survive the closing of the transaction 500, and the delivery of the deed. (� Aullenfi�cx D9/26/2017 501. X -y.�p.t.j % X _____ I J aa- 7"c6wt e store (Boyar's S!gnaturoL (Date) onnnot7 12:0 t:so P?M CAT 502. X (Seller's Printed Name) 503. X (Marital Status) 504. X (Seller's Signature) 505. X (Soler's Printed Name) 506. X (Marital Status) (Date) X Todd Jackson (Buyer's Printed Name) X (Marlial Status) Aulhen)isru X tin, c&att 09126/2017 (Buyers S)gnaturo 9726/2017 12:0797 Phi CDT (Date) X Kristin Jackson (Buyer's Printed Name) x (Marital Status) 507. FINAL ACCEPTANCE DATE: The Final Acceptance Date 508. Is the date on which the fully executed Purchase Agreement Is delivered, 509. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 510. IFYOU DESIRE LEGAL ORTAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 511. 1 ACKNOWLEDGE THAT I HAVE RECEIVED AND HAVE HADTHE OPPORTUNITYTO REVIEWTHE DISCLOSURE 512. STATEMENT: ARBITRATION DISCLOSUREAND RESIDENTIAL REAL PROPERTYARBI TRATION AGREEMENT, 513. WHICH IS AN OPTIONAL, VOLUNTARY AGREEMENT AND IS NOT PART OF THIS PURCHASE AGREEMENT. ludhentirlr 514. SELLERS) �z BUYER(S) o d, J$ eon ®l�A` ii:3/PM CDT 515, SELLER(S) MN:PA-12 (8117) BUYER(S) Insfaneti,omts- Au1hend sign 10: F6EOSB23-78E84288 BF34 53CitE09CSE4 - DISCLOSURE STATEMENT: ARBITRATION DISCLOSURE AND RESIDENTIAL REAL BURNED_ PROPERTY ARBITRATION AGREEMENT CBBURNET.cam This form approved by the Minnesota Association of REALTORS", opttrtd by lm P. &yIIc vrhlch disclaims any liabifity arising out of use or misuse of this form. 02016 Minnesota Association of REALTORS", Edina, MN 1. Page 1 2, ARBITRATION DISCLOSURE 3. You have the right to choose whether to have any disputes about disclosure of material facts affecting the use 4. or enjoyment of the property that you are buying or selling decided by binding arbitration or by a court of law. By agreeing 5. to binding arbitration, you give up your right to go to court. By signing the RESIDENTIAL REAL PROPERTY 6. ARBITRATION AGREEMENT ("ARBITRATION AGREEMENT") on page two (2), you agree to binding arbitration underthe 7. Residential Real Properly Arbitration System ("Arbitration System") administered by National Centerfor Dispute Settlement 8. ("NCDS") and endorsed by the Minnesota Association of REALTORS® ("MNAR").The ARBITRATION AGREEMENT Is 9, enforceable only If It is signed by all buyers, sellers and licensees representing or assisting the buyers and the sellers. 10. The ARBITRATION AGREEMENT is not part of the Purchase Agreement. Your Purchase Agreement will still be 11. valid whether or not you sign the ARBITRATION AGREEMENT. 12. The Arbitration System Is a private dispute resolution system offered as an alternative to the court system. It 13. is not government sponsored. NCDS and the MNAR jointly adopt the rules that govern the Arbitration System. NCDS 14, and the MNAR are not affiliated. Under the ARBITRATION AGREEMENT you must use the arbitration services of 15, NCDS. 16. All disputes about or relating to disclosure of material facts affecting the use or enjoyment of the properly, excluding 17. disputes related to title Issues, are subject to arbitration under the ARBITRATION AGREEMENT. This Includes claims 18. of fraud, misrepresentation, warranty and negligence. Nothing in this Agreement limits other rights you may have under 19. MN Statute 327A (statutory new home warranties) or under private contracts for warranty coverage. An agreement to 20. arbitrate does not prevent a party from contacting the Minnesota Department of Commerce, the state agency that 21. regulates the real estate profession, about licensee compliance with state law, 22. The administrative fee for the Arbitration System varies depending on the amount of the claim, but It is more 23. than Initial court filing fees. In some cases, conciliation court Is cheaper than arbltration.The maximum claim allowed 24. In conciliation court Is $15,000. Thls amount is subject to future change. In some cases, it Is quicker and less expensive 25. to arbitrate disputes than to go to court, but the time to file your claim and pre -hearing discovery rights are Ilmited.The 26, right to appeal an arbitrator's award Is very limited compared to the right to appeal a court decision. 27. A request for arbitration must be filed within 24 months of the date of the closing on the property or 28, else the claim cannot be pursued. In some cases of fraud, a court or arbitrator may extend the 24•month 29. limitation period provided herein. 30. A party who wants to arbitrate a dispute files a Demand, along with the appropriate administrative fee, with 31. NCDS. NCDS notifies tile other party, who may file a response. NCDS works with the parties to select and appoint an arbitrator 32. to hear and decide the dispute. A three -arbitrator panel will be appointed Instead of a single arbitrator at the request 33, of any party. The party requesting a panel must pay an additional fee. Arbitrators have backgrounds in law, real estate, 34, architecture, engineering, construction or other related fields. 35. Arbitration hearings are usually held at the home site. Parties are notified about the hearing at least 14 days 36. In advance. A party may be represented by a lawyer at the hearing, at the party's own expense, if he or she gives five 37. (5) days advance notice to the other party and to NCDS. Each party may present evidence, including documents or 38. testimony by witnesses.The arbitrator must make any award within 30 days from the final hearing date. The award must 39. be in writing and tray provide any remedy the arbitrator considers just and equitable that is within the scope of the 40. parties' agreement.The arbitrator does not have to make findings of fact that explain the reason for granting or denying 41. an award. The arbitrator may require the party who does not prevail to pay the administrative fee. 42. This Arbitration Disclosure provides only a general description of the Arbitration System and a general 43, overview of the Arbitration System rules. For specific Information regarding the administrative fee, please see the 44. Fee Schedule located in the NCDS Rules. Copies of the Arbitration System rules are available from NCDS by calling 45. (800) 777-8119 or (866) 727-8119 or on the Web at www.ncdsusa.org or from your REALTOR5. If you have any questlons 46. about arbitration, call NCDS at (800) 777-8119 or (866) 727-8119 or consult a lawyer. MN:DS:ADRAA-1 (2/16) InstanetfoRmss Authentts!gn ID: FGED5523 8.f _ $ {,; C6E4 • Y DISCLOSURE STATEMENT: ARBITRATION BURNET DISCLOSURE AND RESIDENTIAL REAL CBBURNET.com PROPERTY ARBITRATION AGREEMENT onyx„fnrw.r,rr�ruc. 47, Pago 2 48. THIS IS AN OPTIONAL, VOLUNTARY AGREEMENT. 49. READTHE ARBITRATION DISCLOSURE ON PAGE ONE (1) IN FULL BEFORE SIGNING. 50, RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT 51. . For the properly located at 3617 Red Cedar Point Road 52. City of Chanhassen , County of Carver , State of Minnesota. 53. Any dispute between the undersigned parties, or any of them, about or relating to material facts affecting the use or 54. enjoyment of the property, excluding disputes related to title Issues of the property covered by the Purchase Agreement 55. dated September 25th , 20 17 , Including claims of fraud, misrepresentation, warranty and 56. negligence, shall be settled by binding arbitration, National Centerfor Dispute Settlement shall be the arbitration service 57. provlder.The rules adopted by National Centerfor Dispute Settlement and the Minnesota Association of REALTORS© 58, shall govern the proceeding(s). The rules that shall govern the proceeding(s) are those rules In effect at the time the 59. Demand for Arbitration Is filed and Include the rules specified In the Arbitration Disclosure on page one (1). This 60. Agreement shall survive the delivery of the deed or contract for deed In the Purchase Agreement. This Agreement is 61. only enforceable if all buyers, sellers and licensees representing or assisting the buyers and sellers have agreed to 62, arbitrate as acknowledged by signatures below. For purposes of this Agreement, the signature of one licensee of a 63. broker shall bind the broker and all licensees of that broker. ,✓ ' AulhenFsGtr 64. �� / �'�r �J a 041t 09/26/2017 I gnalure} (Date) B'0Ar3o-Yg213Y-A PM COT (Date) 65. Todd Jackson (Seller's Printed Name) (Buyer's Printed Name) 2&Ai urlhirw 66. Wr6t1tt wZaCbm 09/26/2017 (Sellers Signature) (Dale) 7n(Date)R.W.e P61 CDT 67. Kristin Jackson (Sellers P nled Name) (Buyers Printed Name) v� 7 Aulhenlisur 09/25/2017 68. 1 \ ' (Licensee Representing or Assisting Seller) (Dale) LIe9 r� i�rgy Assisting Buyer) (Date) Winnie Y Crosbie Er c B* ter 69. __ Edina Realty, Inc. Coldwell Banker Burnet (Company Name) (Company Name) 70, THE RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT IS A LEGALLY BINDING CONTRACT 71. BETWEEN BUYERS, SELLERS AND LICENSEES. IF YOU DESIRE LEGAL ADVICE, CONSULT A LAWYER. WDS:ACRAA-2 (2/16) InstaneffoRms' ADDENDUM TO PURCHASE AGREEMENT a e4AsA aXdouwyy"Lie DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS TWs form approved by the Minnesota Assoclalion of REALTORS*, v,blch dlsdalms any 11ablilty arlaing out of use or misuse of this fam. 09009 Minnesola Association of REALTORS", Edina, MN 1. Date O5 yQ2%2917 2. Page d 3. Addendum to Purchase Agreement between parties, dated 2 LS 20 , 4. pertalning to the purchase and sale of the property at 363.7 lied Cedar Point Ed 5, xeeleior _� 5533?_��, 6. Seotion 1: Lead Warning Statement 7. Every buyer of any interest in residential real property on which a residential dwelling was bunt prior to 1976 Is notlfled 8. that such property may present exposure to lead from lead -based pelot that may place young children at risk of A, developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, Including 10, learning disabilities, reduced Intelligence quotient, behavioral problems and Impaired memory. Lead poisoning also 11. poses a particular risk to pregnant women, The seller of any Interest In residential real property 1s required to provide 12, the buyer with any Information on lead -based paint hazards from risk assessments or Inspections in the sellers 13. possession and notify the buyer of any known lead -based paint hazards, A Askessessmernt or Inspection for possible 14. lead based paint hazards Is recommended prior to purchase. 15. Seller's Disclosure pnlUal) 16, (a) Presence of lead -based paint and/or lead -based paint hazards. 17. (Check one below.) Ia. ❑ Known lead -based paint and/or lead based paint hazards are present in the housing 19, (explain): 20, 21. E] seller has no knowledge of lead -based paint and/or lead based paint hazards In the housing, 22, (b) Records and reports available to the seller. 23. (Check one below.) 24. ❑ Seller has provided Buyer with all available records and reports pertaining to lead -based paint 26. and/or lead -based paint hazards In the housing plst documents below): 26. 27. © Seller has no reports or records perialriing to lead -based paint and/or lead -based paint hazards 28. In the housing. 20. Buyer's A k owledgment pnitla)) 80, ` _ (a) Buyer has received copies of all Information listed under (b) above. 31. tt•/JA (d) Buyer hop received the pamphlet, Protect Your familyftm Lead In Your Noma, U. _1t � � - (a) Buyer has (check one below): 33. ❑ Received a 10-day opportunity (or mutually agreed -upon period) to conduot a risk assessment 34. or inspection for the presence of lead -based paint and/or lead based paint hazards Of checked, 35, see Section 11 on page 2); or 36. Waived the opportunity to conduct a risk assessment or Inspection for the presence of lead• 37. based paint and/or lead -based paint hazards, TLX:SALE•1 (&%) eR laa-1 (slog) lnstanelroglis a eaktl:�e Hx'hrmy eY3rete 39. Property located at ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS �7 38. Page 40. seal Estate Licensee's Acknowledgement (inllfal) 41.'� (Q Real estate llcensse has informed Seller of Seller's obligations under 42 U.S.C.4852(d) and is aware 42, of Ilconsee's responsibility to ensure compliance. 43. Certification of Accuracy 44. The (oilowfng parties have reviewed the information above and certify, to the best of their knowledge, that the Information 45. provided by the signatoryis true and acourate. 46, ZL:r : J0" A'1-0_�atricia Souba toe' 47. (Salle( (Dale) 49. (rice/ EMile Lkerue e) (Da!e} Winnie Y Crosbie (8u) (Dale) �y (8uyet) (D•:n) (nail ESWO ucenaee) (note) 49. Section It: Contingency (Initial only It first box under (e) Is checked In Buyer%' Acknowledgment abovo.) 60. This contract Is contingent upon a risk assessment or an inspecilon of the property for the presence of lead- 61. based paint and/or lead -based paint hazards to be conducted at Buyer's expense. The assessment or Inspection 62, Shall be completadwithln []ten (10) ❑(01" calandar days after F'Inal Acceptance of the Purchase Agreement, 63. This contingency shall be deemed removed, and the Purchase Agreement shall be In full force and effect, unless Buyer or 64. real estate Ilcensee representing or asslsling Buyer delivers to Seller or real estate licensee representing or assisting 65. Seller, within three (3) oalendardays afterthe assessment or Inspection is timely completed, a written list of the specific 66. deflolenoles and the correotions required, together with a copy of any risk assessment or Inspection report. If Seller 67. and Buyer have not agreed in writing within three (3) calendardays afterdellvery of the written llatof required corrections 60. that: (A) some oral) of the required corrections will he made; or (B) Buyerwalves ilia deficiencies; or (C) an adjustment to 69. the purchase price will be made; this Purchase Agreement (s oanceled. Buyer and Seller shall Immediately sign a 60. Cancellation of Purchase agreement confirming said cartoellallon and directing all eamest money paid hereunder to 01. be refunded to Buyer. It Is understood that Buyermay unilaterally waive delWandes ordofects, or remove this contingency, 62. providing that Buyer or real estate Ifconsee representing or assisting Buyer notliles Seller or real estate Ilcensee 63. representing or assisting Seller of the waiver or removal, in writing, within the time speolfled. TLX;SALE-2 (Mg) 6R 1138.2 (8109) instonBtFOR)AS �ee4atiNlW�r�rsRRtA DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVE$ 179. Page 5 180, Propertylocatedat 36:17 Red Cedar Pcdn ' Rd 19xce7 aio . HN 55331 , 181. K. 6ELLER'S STATEMENT, 182, (ro be signed at time of lisIAnq j 183, Sellers) hereby authorizes any lleensee(a) representing or assisling any party(les) In this Iransaollon to provide 184. a copy of thls Disclosure Statement to any person or entry in connection Wth any actual or antiolpated sale of the IFZ, property, A aefor may provide this Olsdosure Statement to a reed estate pcensee representing or asesting a 186, prospective buyer. The blsclosure Statement provided to the real estate lWnsse ropresenlIng or assisting a 187, prospective buyer Is considered to have been provided to the prospective buyer. It this Mctosure Statement Is 188. provided to the real estate licensee represening orassisUng the prospective buyer, the real estate licensee must 189, provle a copy to the prospective buyer, 100. QUALIFIED THIRD•PARYV 1NSPFOTION: If 8e1lor has made a disclosure under the Qualified 7hlyd-Party 19t. Inspeclion, Sailer Is obligated to dlsotaso to Buyer In wrldn9 of any new or changed facts of which Seller is aware 102, that could adversely and 419n►Iloanty Offact the Buyer's use or enloymont of the properly or any Intended use of 193. the property that occur up to the tlmo df closing. To disclose new or changed facts, please use the Amendment to 194. DISctosure Slaromantform. 195. WAIVaIll: It 6eller and Buyer agree to walva the seller d►sctasura requirement, Setter is NOT obligated to disclose 198, and YAII NOT dlsciose any now or changed Information regarding faote, 197. OTHER REQUIRED DISCLOSURES (Seollono A•t7: Whether Sollorhae elected a Quadlned-ThtrdPartyfnapeolkm 198, or Waiver, Seger Is obligated to nollfy Buyer, In writing, of any now or ohenyed facto regarding Other Required 109, Disclosures up to the time of closing. To disclose new or changed facts, please use tho Amendment to Sellaris 200. Disclosure form. 201, � 217 202. L. BUYER'S ACKNOWLE[1t3EMENT: 2013. (ib ba signed at time of purchase agreement.) 204. 1Mia, the Buyer(s) of fie property, acknowledge reeelpt of thle Seller's DpsolosureAlternalivesfarm and agree to 205. the ae►ler'selsdosure Option selected Inthis form. Iffe further agree that no rep(esentailons regarding facts have 206. boon made, other than those made In this form. This Disclosure Statement Is not a warranty of a guarantee of 207. any kind by Sailer or kenseo representing or asslsting any party In the tranesclion and Is not a eultable substitute 208, for any Inspections or warranties the patty(iss) may wish to obtain. _ 209. The information dlsefosed is given to the best of the Seller's knowl�d 210. (N-ie) (svyarj tNu�t l� 211, USTINQ BROKER AND LICENSEES MAKR NO REPRESENTATIONS HERE AND ARE 212. NOT RESPONSIBLE FOR ANY CONDIT(ONB 9XISTING ONTHE PROPERTY. 9N.W;onA•5 (ene) ER 129S (all a) fnslarlolrowg Walters, MacKenzie From: Todd Jackson <tjackson@elliottjets.com> Sent: Thursday, December 14, 2017 4:07 PM To: Walters, MacKenzie Subject: FW: Scanned from a Xerox Multifunction Printer Attachments: Scanned from a Xerox Multifunction Printer.pdf Hi Mackenzie, see attached. This is what we expect to remove, I am then planning to go back in after completion and add a few specimen hardwood trees. I don't envision very much grading at all on the property at all. -----Original Message ----- From: f-acsales-mfd@elliottaviation.com [mailto:f-acsales-mfd@elliottaviation.comj Sent: Thursday, December 14, 2017 5:10 PM To: Todd Jackson Subject: Scanned from a Xerox Multifunction Printer Please open the attached document. It was scanned and sent to you using a Xerox Multifunction Printer. Attachment File Type: pdf, Multi -Page Multifunction Printer Location: Device Name: XRX9C934E485F8F For more information on Xerox products and solutions, please visit http://www.xerox.com 1111 �lilll � I!I! 7 j @ pkrt°3 pop-e"t�--f -qa - od I �C c;pddf �°t OBJECTID COUNTY —ID PIN BLDG_NUM STREETNAME STREET —TYPE CITY 388845 19 256600320 3617 RED CEDAR POINT RD CHANHASSEN 387959 19 256600510 CHANHASSEN 388161 19 256600420 SOUTH CEDAR ( DR CHANHASSEN 389271 19 256600040 �Vl3707 V 3624 RED CEDAR POINT z RD CHANHASSEN 389284 19 256600060 13630 HICKORY 1 RD CHANHASSEN 389500 390052 19 256600280 ✓3605 RED CEDAR POINT i RD CHANHASSEN 390148 19 256600380 A637 SOUTH CEDAR > DR CHANHASSEN 390308 19 256600010 1/3616 RED CEDAR POINT RD CHANHASSEN 390466 19 2566003SO ✓3629 RED CEDAR POINT ' RD CHANHASSEN 390565 19 256600030 1/3622 RED CEDAR POINT f RD CHANHASSEN 391125 19 256600300 V/3609 RED CEDAR POINT 9 RD CHANHASSEN 391404 19 256600330 v 3625 RED CEDAR POINT 'RD CHANHASSEN 391789 19 256600400 SOUTH CEDAR ri DR CHANHASSEN 392403 19 256600290 "�/3703 V 3607 RED CEDAR POINT;:, RD CHANHASSEN 393329 19 256600500 ►% 3703 RED CEDAR POINT,; RD CHANHASSEN 393907 19 256600270 V3603 RED CEDAR POINT `{ RD CHANHASSEN 394185 19 256600020 '/3618 RED CEDAR POINT /' RD CHANHASSEN 394624 19 256600390 �f3701 SOUTH CEDAR 4 DR CHANHASSEN 395016 19 256600410 ✓3705 SOUTH CEDAR 17 DR CHANHASSEN 396670 19 256600050 Y3628 HICKORY cp RD CHANHASSEN 396711 19 256600310 /3613 RED CEDAR POINT If RD CHANHASSEN 397078 19 256600080 y3706 HICKORY Ze RD CHANHASSEN 397536 19 256600070 '*/3632 HICKORY .21 RD CHANHASSEN 397573 19 256600340 11/3627 RED CEDAR POINT �zRD CHANHASSEN 398232 19 256600580 %/ 3710 RED CEDAR POINT t3 RD CHANHASSEN 398248 19 256600370 `V 3633 SOUTH CEDAR 1'' DR CHANHASSEN 398938 19 256600360 13631 SOUTH CEDAR Zj DR CHANHASSEN Bituminous road = 543 sq. ft (not mclu Fireplace = 13 sq ft Flagstone = 10l sq ft Total = 3,353 sq ft 0_... _.� Percentage = 36.36% nnwewav -xtr -- s Pole Power Note: The road surface of 543 5q. ft 15 not in, j71Ct 10 i LO+c� Cx1? �t?i' fi i oA- kwaDMl�prtoi Aft = o Cas�e��rRw) ;` hardcover or the total lot area. ___--I M NORTH L/NF OF LOTS 9 4 L O ;. foilE 79.8 - 1 .... the 949.1 94624 the 1 the �c 1 • 947.9 ti 950.5 ''':':._: q the 77 2. > ;22 trd' " ` .';� `` '•.. . _.;. ' Block T/Yv 950. I ' N Wall EyW 948.9 952.9 16trd 950. I T, ,.:. - .. ��/ 952.9 ? GArL Gren4� 6 -t I G.0 5 9.5 l . 7 ^ 6.. f.w. II = NIeaM I i i / x 952.2 ffe I ' _ -_ ` _ _ __ _��4}'' i , l 0. 0 6 trd 954.6 l 6 trd vi a 4..N... �,rr 950.7 4.50 l - - - 952.1 953.1 fw NSA A►ryplf{ I -yiS�, I �- -- rAw y =-- I a �l. fl �\ 954.4 ! N �o • Ila" �--- ri .4 �\ W \ 2' Cantilever '52.0 M - 0 30 n l� ,,a Gh 0 95l '� lczxe{✓ "3 u�x��te I.cv 9 I _ ...... _..-.. 1 o t,. - QL s +� z y �7 ��h� ' COx951.-7. I--1 ter. ' 2224 trd r- I 950. 951.3 x 950.2_LJLN e 26 oak -u -- 6 trd 950.4 m 950 i ,r 949.4�%�5-�� Flagstone cone - x x conc 949.5 Fireplace 949. N-S��IiCZiI?l2__ 36 trd 1\1 M ----- 26 oak 948.2 949.0 Y _ 948.7 _ x - _5 ine Block T/W 948.3 9� _ 0 1 8 946.9 _ - - 1 Wall &W 946.7 946.0 ` 47' e 9X6.2 I _ _ ;ram + Rip Rap \ 5 u r_v e y- !' n_e - -NJ= All - $Q,40 x946. 9 x 946.6 wtr e 944.5 944. 5 944.5 � ��-�- 944.5 Approximate 517orelrne from OHW = 944.5 -t Goog/e maps aerial ,mage5 (�,z I 5r- (p ht= L 4ieS 5nb a.. --J�-r P)�VrZ PLAfA Cl V7 N VOM r -41 -66 - C;i, - Ijj 4' IV +14049, h*.A,h .44 . lq 1974"6F -;?NW R-OOR- PLAO I/ J,kc,kobt,j t E&lamw-C6 J01 .0-WAV, Ooffil- -C-kAMH,4'54VA WE MEMORANDUM TO: MacKenzie Walters, Assistant City Planner FROM: Vanessa Strong, Water Resources Coordinator DATE: December 20, 2017 SUBJ: Variances for 3617 Red Cedar Point Road In response to We are requesting the following variances on the property: 1. 10.9% hard cover variance 2. 22.1ft. lake set back variance 3. 18.5 ft. front yard setback from property line to the NE garage corner Justifications for the variances: 1. The lot is sub standard. 2. We will be removing an old structure and building a new home. 3. Increased tax base for the city. 4. We will reduce the current hard cover by 44 sq ft. 5. Current homes in the neighborhood have similar variances that we are applying for and therefore this helps justify the variances. 6. We will not alter the essential character of the neighborhood. 7. We will be bringing the side setback into compliance by removing the outhouse. Variance requests 1 and 2 (impervious surface, and lake setback) are water resource based variances. None of the justifications for variances addresses impacts to the health of Lake Minnewashta. What impact does exceeding impervious surface by 10.9%, and significantly reducing lake setback have on the water quality and ecosystem function of Lake Minnewashta? The applicant has not addressed these primary issues. Allowing such a significant impervious surface overage to continue without addressing these issues sets a dangerous precedent. In response to "Our plan is to build a single family home (plans attached) that will improve the neighborhood from an aesthetics and tax base standpoint." A 22.1' reduced lake setback, and 10.9% impervious surface overage impairs the health of Lake Minnewashta. A 44 sf reduction in impervious provides no measurable water quality benefit. Lakes with low water quality and ecosystem function reduce property values. They significantly reduce neighborhood aesthetic. In summary Water Resources staff does not recommend approval of the variance for the following reasons: 1 Water resource justifications must be provided for water resource variances. A variance application for this lakefront property must be shown to Improve and protect lake Minnewashta to the maximum extent possible including: 1. A permanent 20' native vegetated buffer must be installed along the shoreline using species native to the ecotype with permanent buffer monuments. The buffer may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resources Coordinator. 2. The property owner must work with Minnehaha Creek Watershed District to identify and implement any shoreline restoration projects that would improve ecosystem health and function. Replace riprap with bioengineering solutions is one example. 3. Attempt to achieve 25% impervious surface coverage through reduction of any unnecessary impervious surface (driveway, sidewalk, patio etc) through the use of pervious paver systems. Bituminous road = 543 sq. ft (not rnclu 3�53- Fireplace = l3 s ft _ I���,�iA2►?cpY�GYZ = 4fi _3�.3�r%� -r p q Kou�in,c/5�,=I�, Porgy N 2540 I Flagstone = I O I sq ft Total = 3,353 sq ft rGu Mc WAW �$ - - Percentage = 36.307 Vrz%vPwAt Power Note: The road surface of 543 s ft rs not im Qh Ttio t -wr, Cxu r per' c I &2 s Pole q. WWt?"MR, � LA KZ - v fo,4 V rrW) hardcover or the total lot area. _-L Road the `J R dot o)T vV� �* E 79 8 tv NORTH L/NI OF LOTS 9 E / 0 ' 949.13 the 4 ` 949. / 948 24 the \ _.,,.•.- tbc... 1 947.9 1 950.5 948.77: the L 952.7 %22 trd - Block TM 950. ! ,. - - - - - N - Wall B/W 946.9 952.9 9 - -% I. , lea �952.9 '�V / 15 / ( 44!9 d' I>cYc J 9-q1.7 .r. �11 V 1 L x 952.2 ffe a- f, = N1CCN I I I I I 1 � lB trd vi -___ _____'� vxc�u!-�_� ut r IO.O 8 trd 954.8 ,.... ,.r , - _ _ _ 0.7 4.50 95u G _ 1 I j I 952.1 953.1 o / O.O rn I - lray RM ,/9'-1-:,e•,' \ 954.4 1.W j I 4 0� \\ 2' Cantilever o �, �.� j , _ _ o \ \ -�- -- Irr�Er1. - i. Ch N 951 E m i H` KIRf v,rd„rc ` r`j--. `l o _ Cp 5 I ( - - cD x 951.7 Z .f ' ` 24 0 0�. i% 22 trd N -1-' 'ZiU,Ll1ll�__'`' 1 ,� „ 950. 95 / .3 x 950.2 O 5{'� �i- e 25 oak ac o 950.4 m 950 .. 6 trd Q �yo-sc .r 949.4 tn Flagstone I conc e -x x Cry conc le 949.5r Fireplace 949. N - 1CY2tJOTL>y ✓ 949. l - -�1 14 . ��-T 36 trd_- - 26 oak 946.2 949.0 94,5.7 x ° I Block TM 346.3 5 pine - _ _ I Wall � 946.7 946. � 946.0 r 14 pl e 949.2 I - - pip pap 1 347. x - - - - + 1 5 u r v e� ! t n e o „- $Q.fl�-x946.9 x946.6 + 946- r e 944.5 944.5 944.5 - - 944.5 944.5 Approximate Shoreline from _ O1W = 944.5 Google maps aerial rmage5 The Gregory Group, Inc. dhe LOT SURVEYS COMPANY Et„►LeW ie 1%2 LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA %t I TW A— Me6 17611566-W91 � Neeuw SSlrt F. K 56161sm §ururgars (Grrtifiratr em, fa EXISTING CONDITIONS SURVEY FOR dean ep i1 „.,feed MARK D. WILLIAMS CUSTOM HONES prepirm loafed a S.3" 1. To.edip 116. L.W 27. Carver Corry. Mierinra\ Ropert7 Adds 017 Red Ced\r P Rd INVOICE NO. __ SWS. 97096 F.B.NO. Imo_ SCALE. I"- �_ o.rr. Fw\„Y� Mw.ti PAWQ Sebta Rea,rerrNnw Front (teeef) - 30 1" S49 - 10 fee Orlw . 75 Net (anrwy w .atw) ad E—tvy mwdrpwr Chaa6anm. ttx a er 9.222 k Tto L----y H.9f' w.,­;R—k-u, 1-. of—wyw\Nld\,)627 4 it t7er\noe - 037.A fed Re,.eere - 763 M It 2.5T-rR Afo !G23 ' t11ta-\ S1Y sts� r,\ er sto co —to - 3?7 Sq k Gravel Swface - ? 105 Sq k Brrar\r1c+<e roue - 545 ,q It Trot I.tgptxt - 13 S'q k n,gSta++e r 01 aq k roar 3 353 k �', �enGge C 3676 Note. The rokw s wY Ce of 543 Sq ff .S rot nci&~ n the h,tdtcacr or the rota+ for rru M + Red CerAL7r Pont legal', - -r, - swa — alw - sws ---- lake Minncwashu '00 Ter M.W K. n%- - 943.0 TM ony ea\.+wn, \ .\ k— pt., o' , m . etwnwon p,w0ee e7 trr. I O,Rrr"h ~. \p,tfraem' w Np\h.,, pftw" b, m\ \r IIr10♦I mp OYW wp.won ,rl, eler 1 M \ e1,f L1C -W l,M t....rer rW. ti ler� M,. elr\ el lenewow Sweyed — 17w del o9"2017 r Aso z aso. r Aet ow 'w er ,.p!e r.v G ur r ?•51-fA s No 349 3 n.d zz— sss r sy. , ssr . ssr.r Y ft. w 940.e -+ elr9we . r til•pe.er<3Ma.el.ea.r.� �`__=_ Gaartr -we assw mop Lots 9 and 10 Block 4. RED CEDAR POINT LAKE MINNEWASHT A Carver County Mrnnesofn �•\.�. te1w n\q „e row MEMORANDUM TO: MacKenzie Walters, Assistant Planner FROM: George Bender, Assistant City Engineer DATE: December 18, 2017 SUBJ: Multiple Variance Requests for 3617 Red Cedar Point Rd Planning Case: 2018-01 The requested variances have been reviewed and the following comments were noted: • A title search for the property should be required in order to document all existing easements. • The plan should define the removal of the existing gravel rather than only noting the intent in the letter. The plan should detail the driveway clearly. Some of the dimensioning is difficult to read. MacKenzie Walters' notes from conversatios with Dave Bangasser, resident living at 3633 South Cedar Drive on 12/29/17. The resident has asked that these notes be entered into the public record and distributed to members of the Planning Commission. Mr. Bangasser expressed general support for the proposed home, but is concerned that the short driveway will not provide sufficient off-street parking. He noted that the street is extremely narrow and that there is currently not enough off-street parking on Red Cedar Point Road which results in cars parking down on South Cedar Drive, which is also a narrow street. He requests that the Planning Commission require a longer driveway capable of providing off-street parking. November 17, 2017 City of Chanhassen Community Development Department 7700 Market Boulevard Chanhassen, MN 55317 Re: Variances for 3617 Red Cedar Point Road We are requesting the following variances on the property: 1. 10.9% hardcover variance 2. 22.1 ft. lake set back variance 3. 18.5 ft. front yard setback from property line to the NE garage corner Justifications for the variances: 1. The lot is sub standard. 2. We will be removing an old structure and building a new home. 3. Increased tax base for the city. 4. We will reduce the current hard cover by 44 sgft. 5. Current homes in the neighborhood have similar variances that we are applying for and therefore this helps justify the variances. 6. We will not alter the essential character of the neighborhood. 7. We will be bringing the side setback into compliance by removing the outhouse. Note: The patio in the backyard is the water oriented structure. The current structure on the property is a 1930's vintage Sears mail order cabin that is showing its age. The structure does not have a garage or a working bathroom, rather an outhouse that is beyond the side yard setback. The driveway currently is large gravel are the runs the entire width of the property and is lacking in green space. Our plan is to build a single family home (plans attached) that will improve the neighborhood from an aesthetics and tax base standpoint. This would be the 2nd home we have built in Chanhassen (621 Broken Arrow Dr.) where we have improved upon the existing structure and created and improved environment and increased the tax base. As mentioned above we will also be reducing the current hardcover and bringing the West side yard set back into compliance. Re ards, To d & Kristin Jackson G Iq,,ftil J �;�� ��u fet-6u<1% is I y j `/ )p F j u.44,<, %A 1f,5 ur✓ frwL fv! f""I The Gregory Group, Inc. d.b a LOT SURVEYS COMPANY Established in 1962 LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 76n1 73rd AYerea Nurth (763) 560-3093 M-puhs. Mwt - 55428 F-N. %0.3522 3urur4ar5 TrrtifirfttP Basis (or EXISTING CONDITIONS SURVEY FOR: bearings is assumed MARK D. WILLIAMS CUSTOM HOMES Property located in Section 8, Township 116. Range 23, Caner County, Minnesota Property Address 3617 Red Cedar Point Rd Chanhassen, MN Benchmark Invert of sanitary manhole #3627 Elevation = 937 30 feet Power -'�-W- Pde Red Cedar Point road 3 - - --- S 84e50'10e E 79S t to . 9.13 h t h 949. 1 INVOICE NO. 86405, 87086 F.B.NO. 1093-44 SCALE: 1" = 20' Denotes Found Iron Monurn- O Denotes Iron Mor-M Denotes Ensbna Contours Denotes E-bnp Elevation Building Setback Requirements Front (street) - 30 feet Side - 10 feet OHW - 75 feet (ordinary high water) Existing Hardcover_ Lot area 9,222 5q R (to Ordinary High Water) Outhouse = 24 sq it Residence = 763 sq B Concrete = 327 sq ft Gravel Surface = 2105 sq ft Bituminous road = 543 sq. ft (not included) Fireplace = 13 5q ft Flagstone - 101 sq ft row 3,353 sq ft Percentage = 36.36% Note.- The road Surface of 543 sq. ft i5 not included in the hardcover or the total lot area. 950.2 r� F/ NaentCINFOFkOT59a l0 9r 950.2 [hc 94B 4 tic 1. 9507 950.3 9A7.99a 9505 940,77 �' ttc 1 d 94644 I 952. 7 22 ire p 1 ftbxi TAv 950 I 949 7 n3 Gravel O Wan 952.9 He 6[d 950. I / 952.9 � 954.9 95q /6.0 2-ST-FR 1 at _. -�- - _ _. o�- qh2" / 2.5T-FR _ -._. No. 3625 w-------v- --- -- 0a5 99/.7 ronce I x 952.2 At, No. 3613 116 [rd 9508 t 10.0 Btrd 954.B 950 7 a•aa 9s s 50.9 952, I 6.3 _ 1 953.1 Bk-k TAv 95,.3 I 8, lO.O 'g. yw 9$07-. 7 952.6 -.-.J Wan B4v 950.9 I \ 954.4 952-9 1-5V FR r �\ Deck 951.6 W p w Nei 3617 .j 95, 4 W\ 2'Canurever 9k�i ,2 3o k 9e \ rd Porch 1113 a� pa as 957. 7 � s 950 B 0 e) • 0 t O ZD x 95 /. 7 t Z 952.0 24 oi�t 22 trd at 9513 vim, 950.4 I .9502 C fence 2B art VS 950.4 950 6 Id Q 949.4 s F4q-,taae I corc C V n k m 949.5 Pere 949. N to 949.1 to V�j x I 36 Ind 26 N. 948.2 949 0 - Block FAV 946 3 Walt MW 946 7 _ _ 946.9 946_0 946.2 _ PIP, t 947 x _ } 80.00 x946.9 wve---------� _-_� +ire \wirer 9445 9445 944.5 944.5 944.5 Appronmate Shorelrrte Iron OHW - 944.5 Goo y/e maps anal inMye3 Lake Minnewa5hta 100 Year Flood per FFMA = 945, 0 The only easements shown are from plats of record or information Lots 9 and 10, Block 4, RED CEDAR POINT LAKE MINNEWASHTA provided by client. Carver County, Minnesota I certify that this plan, specification, or report was prepared by me or under my direct sups-n and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota Surveyed this 17th day of May 2017. Rw 5-26- 17 hardcover Drawn By i. �Y.... I 1 -OB- 17 added fiaqtorie StTb Graaory Mnn. Raq. No. 2aa92 F aweYveG Yatler pert IMe /nFnewaWa - urver�&lYcpYnA W ina:Lrn9alO5.Orq Variances within 500 feet.• (25 Properties) 78-07 363Aouth Cedar Drive: Approved- 19' front setback�3(garage) i L- 80-08 3629 Red Cedar Point Rd: Approved- 12' front setback, 3' foot side setback, +1.5' side setback for (chimney), 20' lot width, 40' lot frontage, 13,000 square feet lot area (house) x� 3 81-08 3607 Red Cedar Point Rd: Approved- 13.5' lake setback (deck) y 83-09 3613 Red Cedar Point Rd: Approved- 12' front setbackZ 2' side setback, 7' lake setback ` (house) S 84-18 3707 South Cedar Drive: Approved- 20' front setback (detached garage) a 6 85-20 3624 Red Cedar Point Rd: Approved- 1.2' front setback, 4.8' side setback (detached garage) -7 85-27 37014South Cedar Drive: Approved: 5' front setback, 35' lake setback (house) 3 2 6 Y 87-13 36291ed Cedar Point Rd: Approved: 12' front setback, 3' side (house) q 88-11 3605 Red Cedar Point Rd: Approved- 4' E side setback, 2' W side setback, 26' lake y setback (garage, addition intensifying non -conforming) Z 5 to 92-01 36071ted Cedar Point Rd: Approved- 1.5' side setback, 14.5' lake setback (addition expanding non -conforming) z- lj 93-06 3618 Red Cedar Point Rd: Approved- 8' side setback, 15' lake setback (deck and porch) ;Z 96-04 3705 South Cedar Drive: Approved- 3' side setback, 31' lake setback,125% LC (house) r i 3 02-05 3628 Hickory Rd: Approved- 13' front setback (Hickory), 2' front setback (Red Cedar Point), 5' side setback (detached garage) 04-07 3637 douth Cedar Drive: Approved- 19.25' front setback, 4' lake setback, 15% LC (addition) )S 06-04 3633 South Cedar Drive: Approved- 22.5' front setback, 15.8' front setback, 2.39% LC (garage) s i� 08-04 3637 South Cedar Drive: Approved- 20.2' front setback,W8' side setback (house) l 7 09-15 3625 Red Cedar Point Rd: Approved- 15.5' front setback;16.5' E side setback, 9' driveway setback, 18.5' lake setback,,12.3% LC, allow one car garage (house) jy 15-07 3701 South Cedar Drive: Approved- increase existing non -conformity (enclose deck 15' in lake setback) % Iq 15-14 3603 Red Cedar Point Rd: Approved- 20.2' front setback, 17' lake setback (two-story attached garage) -R 16-11 3627 Red Cedar Point Rd: Approved- 13.6' lake setback;'4.8%SL.0 (home) 7J 17-09 3622 Red Cedar Point Rd: Approved- Intensify non -conforming by raising garage in side yard setback (garage) MacKenzie Walters' notes from conversation with Debby Lockhart, resident living at 3618 Red Cedar Point, on 12/11/2017. The resident has asked that these notes be entered into the public record and distributed to the members of the Planning Commission. Ms. Lockhart expressed the following concerns regarding the proposed variance for 3617 Red Cedar Point: 1) She stated that the property does have a bathroom, and the `outhouse" has been used for ski storage ever since the property was connected to city services. 2) She believes that proposed house is oversized for the lot in question, and feels that the variances granted for other new homes in the region kept the houses appropriately scaled to their lots. 3) She is concerned about the amount of impervious surface that is required to accommodate the proposed house. 4) She feels that the site cannot accommodate a three -car garage, and that a two -car garage would be more appropriate given the size of the lot. 5) She does not think that height, size, and design of the house fit with the "lake home" character of the neighborhood. 6) She asked that it be noted that the snowplow currently uses the property's gravel area to complete a turnaround maneuver, and is concerned about the logistics of snow removal for the area if the house is constructed as proposed. 7) She is concerned that tree in the front yard is being removed but no replacement tree is shown in the proposal. � NG4Fj �1i9 �41eru-'- �' /,v tat N dorj�� GA lah,. k.w. . Property Card Parcel ID Number 256600320 Taxpayer Information Taxpayer Name PATRICIA SOUBA C/O JEFF SOUBA Mailing Address 110980 VON HERTZEN CIR CHASKA, MN 55318-2712 Property Address Address 3617 RED CEDAR POINT RD City EXCELSIOR, MN 55331 Parcel Information Uses SRR GIS Acres 0.23 Net Acres Deeded Acres Plat RED CEDAR POINT LK MINNEWASHTA Lot 009 Block 004 Tax Description & LOT 10 Building Information Building Style 1 Story Frame Above Grade Finished S Ft 720 Bedrooms 2 Year Built 1927 Garage N Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0276 WS 062 MINNEHAHA CREEK N N N Assessor Information Estimated Market Value 2016 Values (Payable 2017) 2017 Values (Payable 2018) Last Sale Land $491,300.00 $520,000.00 Date of Sale Building $19,900.00 $23,600.00 Sale Value Total $511,200.00 $543,600.00 The data provided herewith is for reference purposes only. This data is not suitable for legal, engineering, surveying or other similar purposes. Carver County does not guarantee the accuracy of the information contained herein. This data is furnished on an 'as is basis and Carver County makes no representations or warranties, either expressed or implied, for the merchantability or fitness of the information provided for any purpose. This disclaimer is provided pursuant to Minnesota Statutes §466.03 and the user of the data provided herein acknowledges that Carver County shall not be liable for any damages, and by using this data in any way expressly waives all claims, and agrees to defend, indemnify. and hold harmless Carver County. its officials, officers. agents, employees. etc. from any and all claims brought by anyone who uses the information provided for herein, its employees or agents. or third parties which arise out of user's access. By acceptance of this data, the user agrees not to transmit this data or provide access to it or any part of it to another party unless the user includes with the data a copy of this disclaimer. Monday, November 20, 2017 Carver County, MN CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2018-01 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 2, 2018 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider variances for hard cover, lake set back and front setback for property located at 3617 Red Cedar Point Road and zoned Single Family Residential (RSF). Owner: Patricia Souba. Applicant: Todd & Kristin Jackson. A plan showing the location of the proposal is available for public review on the city's web site at www.ci.chanhassen.mn.us/2018-01 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Walters Email: mwaltersaci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on December 21, 2017) CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 11/20/2017 12:57 PM Receipt No. 00363639 CLERK: AshleyM PAYEE: Todd Jackson 3617 Red Cedar Point Road ------------------------------------------------------- Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 78.00 Total 528.00 Cash 0.00 Credit Cd 528.00 Change 0.00