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CAS-05_SCHAFFRAN, JAMES - 845 CREEKWOOD DRIVEy` J Document No. OFFICE OF THE COUNTY RECORDER A 518300 CARVER COUNTY, MINNESOTA Fee $46 OG ReceiptJAMM Certified Recorded on 4/26/2010 at 01'3 516300 IIIIII �IIIIIII I III County Recorder CITY OF CHANHASSEN - CARVER AND HENNEPIN COUNTIES, NIINNESOTA VARIANCE 10-05 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves a variance to construct a retaining wall within the Bluff Impact Zone. The granting of this variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 1, Block 1, Vogel Addition 3. Condition. The variance approval is subject to the following conditions: a. Erosion control measures are to be installed on the slope and maintained until final stabilization is achieved. These measures should include staggered silt fence with J-hooks or staggered bio- rolls with J-hooks. b. The applicant shall vegetate the bluff in accordance with the Landscape Plan submitted by Bobby Jensen's Landscape Junction, stamped "Received January 14, 2010". c. No area within the bluff impact zone and below the more upslope retaining wall is to be maintained as yard. d. No mowing shall occur within the Bluff Impact Zone except as needed per an approved vegetation management plan to control noxious weeds or to establish native vegetation consistent with the surrounding plant community. e. Recruitment of seedlings from the surrounding seed source trees shall be allowed in the area below the second retaining wall. No efforts shall be taken to control the growth of trees in this area unless they are considered invasive, such as common buckthorn or black locust. f. Imported soil materials need to be granular with no greater than 10% clay content to allow for infiltration. SCAPOM g. Location of drain file outlets shall be such that it does not create a nuisance condition nor promote erosion. Stabilization BMPs shall be placed at the discharge point and shall be inspected by the Water Resources Coordinator. h. The applicant shall work with staff to determine the height of the step when connecting the proposed wall to the easterly portion of the existing wall. i. The retaining wall shall be located no lower than the existing 915' contour. j. A zoning permit shall be applied for and approved prior to construction" 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 16, 2010 (SEAL) STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN M ✓ Todd Gerhardt, City Manager h �n The foregoing instrument was acknowledged before me this day of / / CA ✓Gkk 2010 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority ganted by its City Council. I ) _ — /1-1 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 NOTARY �a• u.q y<i�,A ? AAEUWISSEN h,.:, = tv;-�Alnnesota 0;.. MY (,om•.��a9:nn EVra Jan 31. 2015 le -05 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION Application of Bobby Jensen, on behalf of James Schaffran, for a Variance to construct a retaining wall within the Bluff Impact Zone on property zoned Agricultural Estate (A2) — Planning Case No. 10-05. On February 16, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bobby Jensen, on behalf of James Schaffran, for a Variance to construct a retaining wall within the Bluff Impact Zone on property zoned Agricultural Estate (A2), located at 845 Creekwood Drive, Lot 1, Block 1, Vogel Addition. The Planning Commission conducted a public hearing on the proposed Variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A2. 2. The property is guided in the Land Use Plan for Residential Low Density. 3. The legal description of the property is: Lot 1, Block 1, Vogel Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Due to the topography of the site, the construction of the storm water pond in the primary zone is a reasonable request. Finding: The subject site and the home predate the adoption of the Bluff Creek Overlay District and the Bluff Protection Ordinance. The home and existing retaining wall were built within the bluff setback and Bluff Impact Zone. Much of the vegetation within the bluff was removed prior to the current owner purchasing the property. The removal of the vegetation has caused significant erosion and runoff issues into Bluff Creek, as well as unstable soils to support the home. The proposed retaining wall will reinforce the existing retaining wall and mitigate the erosion and runoff into the creek. The applicant proposes to plant additional vegetation to further stabilize the bluff and eliminate the erosion problems on the site. SCANNED b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification because of the topography of the property. Finding: The subject site is one of four homes located off of Creekwood Drive, all of which predate the adoption of the Bluff Protection Ordinance. The topography of the site, the location of the home and previous clear cutting of vegetation along the bluff has created erosion and runoff problems. The addition of the second wall and re -vegetation will have a positive impact on the bluff and Bluff Creek. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The purpose of the request is not based on the desire to increase the value or income potential of the site. The intent is to reinforce the existing retaining wall supporting the home, to stabilize the bluff and mitigate the erosion and runoff into Bluff Creek. d. The alleged difficulty or hardship is not a self-created hardship, but is due to site topography. Finding: The request is not a self-created hardship. The Vogel subdivision and construction of the home predates the adoption of the Bluff Creek Overlay District and the Bluff Protection Ordinance. The majority of the home is located within the Bluff Impact Zone. There is a boulder retaining wall that replaced a failing timber retaining wall supporting the house. Many of the trees and natural vegetation within the bluff were removed prior to the current owner purchasing the home, which has resulted in significant erosion and runoff issues into Bluff Creek. The proposed wall will mitigate the erosion of the bluff and reinforce the existing retaining wall. As part of the application the applicant is proposing to revegetate the bluff with plant species to further stabilize the slope and reduce the rate of runoff. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The retaining wall will have a positive impact on the surrounding area, including Bluff Creek by mitigating the erosion and runoff into the creek and stabilizing the bluff. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The retaining wall will not impair the supply of light and air to adjacent 2 property or impact traffic congestion of the public streets or increase the danger of fire or public safety or diminish or impair property values within the neighborhood. The retaining wall will have a positive impact on the neighborhood and Bluff Creek. 5. The planning report #10-05 dated February 16, 2010, prepared by Angie Kairies and Terry Jeffery, et al, is incorporated herein. ACTION The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves a Variance to construct a retaining wall within the Bluff Creek Overlay District and Bluff Impact Zone, Planning Case #10-05, based on these findings of fact. ADOPTED by the Chanhassen Planning Commission this 16t' day of February 2010. CHANHASSEN PLANNING CONMSSION BY: s CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 3/4/10 10-05 ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 2/16710 10-05 Variance Schaffran Retaining Wall - 845 Creekwood Drive THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints M For Recording ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Bobby Jensen, Bobby Jensen's Landscape Junction James Schaff ran, 845 Creekwood Drive SIGNED: SCANNED If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NUNNESOTA VARIANCE 10-05 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves a variance to construct a retaining wall within the Bluff Impact Zone. The granting of this variance is final. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 1, Block 1, Vogel Addition 3. Condition. The variance approval is subject to the following conditions: a. Erosion control measures are to be installed on the slope and maintained until final stabilization is achieved. These measures should include staggered silt fence with J-hooks or staggered bio- rolls with J-hooks. b. The applicant shall vegetate the bluff in accordance with the Landscape Plan submitted by Bobby Jensen's Landscape Junction, stamped "Received January 14, 2010". c. No area within the bluff impact zone and below the more upslope retaining wall is to be maintained as yard. d. No mowing shall occur within the Bluff Impact Zone except as needed per an approved vegetation management plan to control noxious weeds or to establish native vegetation consistent with the surrounding plant community. e. Recruitment of seedlings from the surrounding seed source trees shall be allowed in the area below the second retaining wall. No efforts shall be taken to control the growth of trees in this area unless they are considered invasive, such as common buckthorn or black locust. f. Imported soil materials need to be granular with no greater than 10% clay content to allow for infiltration. g. Location of drain tile outlets shall be such that it does not create a nuisance condition nor promote erosion. Stabilization BMPs shall be placed at the discharge point and shall be inspected by the Water Resources Coordinator. h. The applicant shall work with staff to determine the height of the step when connecting the proposed wall to the easterly portion of the existing wall. i. The retaining wall shall be located no lower than the existing 915' contour. j. A zoning permit shall be applied for and approved prior to construction" 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 16, 2010 (SEAL) STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CH_ANH�ASSENN' �J BY: i 4 `tom h mas A. Furlong, AND: Todd Gerhardt, City Manager h �n The foregoing instrument was acknowledged before me this ; day of / , l O Y'J 2010 by Thomas A. Furlong, 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 jKktje,�M;5jDnEVirMJa.M31,2Di6 00 T. MEUWISSEN Nca:,rr ?;=5iic-Minnta Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized NOTICE OF PUBLIC HEARING agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- PLANNING CASE NO. 10-05 NOTICE IS HEREBY GIVEN lager and has full knowledge of the facts herein stated as follows: that the Chanhassen Planning Commission will hold a public (A) These newspapers have complied with the requirements constituting qualification as a legal hearing on Tuesday, February 16, newspaper, as provided by Minnesota Statute 331A.02, 331 A.07, and other applicable laws, as 2010, at 7:00 p.m. in the Council amended. Chambersin Chanhassen C ity Hall, 7700 Market Blvd. The purpose of (B) The printed public notice that is attached to this Affidavit and identified as No.2k I this hearing is to consider a request was published on the date or dates and in the newspaper stated in the attached Notice and said for a Variance and Conditional Use Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of Permit tolretaining wall within thee Bluff C Creek Overlay the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both District and Bluff Setback on inclusive, and is hereby acknowledged as being the kind and size of type used in the composition property zoned Agricultural Estate and publication of the Notice: District (A2) and located at 945 Creekwood Drive (Lot 1, Block 1, abcdafg"klninopgrstu Vogel Addition). Applicant: Bobby Jensen's Landscape Junction. Owner: James Schaffran. By: A plan showing the location of the proposal is available for public Laurie A. Hartmann review on the City's web site at www.ci.chanhassen.nm.us/serv/ elan/10-05.htm1 or at City Hall during regular business hours. All Subscribed and sworn before me on interested persons are invited to attend this public hearing and express their opinions with respect {` to this proposal. Angie Rairies, Planner I this day of �, 2010 Email: akairies@ci.chanhassen.mu.us JYMME J. BARK Phone: 952-227-1132 (Published in the Chanhassen NOTARY PUBLIC - MINNESOTA I a Villager on Thursday, February 4, �"�QALJX-�- My Commission Expinn; 01/31/2018 2010; No. 4321) Nt P99lic 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 ...............................................$12.59 per column inch SCANNED 1L-c'S CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 O1/15/2010 3:17 PM Receipt No. 0119615 CLERK: katie PAYEE: JAMES SCHAFFRAN 845 CREEKWOOD CHASKA MN 55318 Schaffran Variance & Cup Planning Case 10-05 ------------------------------------------------------- Use & Variance 525.00 Sign Rent 200.00 Recording Fees 100.00 Total Cash Check 1004 Change 825.00 0.00 825.00 0.00 ;rurce - 1�1�c�se Cssu-e ck rc!Jckrd check 4� Jvw,eS SLl�ci 'r�r i� -V1\e-- awbuv0- n� ObDS� 0�3Ds cue q5e anti Ve tkr-. SCANNED CITY OF CHANHA3SEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone:952.227.1100 Fax: 952.227.1110 Building Inspections Phone:952227.1180 Fax 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Couller Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Nk Works 1591 Park Road Plane: 952.227.1300 Fax 952.227.1310 Senior Cerrhr Phone:952.227.1125 Fax 952.227.1110 Web Site vnnv.d.chanhassen.mn.us February 22, 2010 Mr. Bobby Jensen Bobby Jensen's Landscape Junction 8415 22& Street West Lakeville, MN 55044 Re: Schaffran Variance Request — 845 Creekwood Drive Planning Case #10-05 Dear Mr. Jensen: This letter is to formally notify you that on February 16, 2010, the Chanhassen Planning Commission approved a variance to construct a retaining wall within the Bluff Impact Zone on property zoned Agricultural Estate (A2) located on Lot 1, Block 1, Vogel Addition (845 Creekwood Drive), Planning Case #10-05. The variance is subject to the following conditions: 1. Erosion control measures are to be installed on the slope and maintained until final stabilization is achieved. These measures should include staggered silt fence with J-hooks or staggered bio-rolls with J-hooks. 2. The applicant shall vegetate the bluff in accordance with the Landscape Plan submitted by Bobby Jensen's Landscape Junction, stamped "Received January 14, 2019'. 3. No area within the bluff impact zone and below the more upslope retaining wall is to be maintained as yard. 4. No mowing shall occur within the Bluff Impact Zone except as needed per an approved vegetation management plan to control noxious weeds or to establish native vegetation consistent with the surrounding plant community. 5. Recruitment of seedlings from the surrounding seed source trees shall be allowed in the area below the second retaining wall. No efforts shall be taken to control the growth of trees in this area unless they are considered invasive, such as common buckthorn or black locust. 6. Imported soil materials need to be granular with no greater than 10% clay content to allow for infiltration. 7. Location of drain tile outlets shall be such that it does not create a nuisance condition nor promote erosion. Stabilization BMPs shall be placed at the discharge point and shall be inspected by the Water Resources Coordinator. Chanhassen is a Community for Life . Providing for Today and Planing for TDoo M SCANNED Mr. Bobby Jensen February 22, 2010 Page 2 8. The applicant shall work with staff to determine the height of the step when connecting the proposed wall to the easterly portion of the existing wall. 9. The retaining wall shall be located no lower than the existing 915' contour. 10. A zoning permit shall be applied for and approved prior to construction. The variance is valid for one year from the approval date. A building/zoning permit must be applied for prior to February 16, 2011 through the City's building/planning department, respectively. Also, we are sending a check in the amount of $375 to Mr. Schaffran for the reimbursement of the Conditional Use Permit (CUP) and recording fee, as a CUP was not required as a part of this application. If you have any questions, please contact me at 952-227-1132 or by email at akairies@ci.chanhassen.nm.us. Sincereelllyy,,c _�aO Angie Kairies Planner I ec: Jerry Mohn, Building Official Building Permit File — 845 Creekwood Drive James Schaffran giplan\2010 planning cases\10-05 s hafGan variance & cup\letter of apptoval.doc MI- M81 MARSHALL & ILSLEY BANK CITY OF CHANHASSEN 17-1151910 7700 MARKET BLVD_ P.O. BOX 147 CHANHASSEN, MN 55317 _ (952) 227-1140 Pay THREE HUNDRED SEVENTY-FIVE AND XX / 100 To the order of James Schaffran 845 Creekwood Chaska, MN 55318 Date 2/18/2010 lie 1444241P 1:0910011 57t: 004461114707SI'm Check Date: 2/18/2010 Check Amount: $375.00 Vendor No: schajame Vendor Name: lames Schaffran Vendor Acct No: Invoice Number Date Description GL Account Amount 021710 2/17/2010 CUP Fee 101-1420-3602 375.00 144424 Amount $375.00 10 —OS CHANHASSEN PLANNING COMMISSION REGULAR MEETING FEBRUARY 16, 2010 Acting Chair Laufenburger called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Mark Undestad, Kathleen Thomas, Tom Doll and Denny Laufenburger MEMBERS ABSENT: Debbie Larson, Dan Keefe and Kevin Dillon STAFF PRESENT: Sharmeen Al-Jaff, Senior Planner; and Angie Kairies, Planner PUBLIC PRESENT: Bobby Jensen Andrew Aller Jim Schaffran Jessie Bent Colleen Dockendorf Whaley Jack Appert 7568 Arbor Lane, Savage 460 Trapline Lane 845 Creekwood Drive 2779 Century Circle 2061 Oakwood Ridge 851 Lyman Boulevard K.A. PUBLIC HEARING: SCHAFFRAN VARIANCE: REOUEST FOR A VARIANCE TO CONSTRUCT A RETAINING WALL WITHIN THE BLUFF IMPACT ZONE ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A2) AND LOCATED AT 845 CREEKWOOD Kairies: Good evening Chair Laufenburger, members of the Planning Commission. The application before you this evening is for 845 Creekwood Drive, Lot 1, Block I in the Vogel Addition. The property is zoned A2, Agricultural Estate. It's bordered by, or it's located south of Pioneer Trail and west of Highway 101 and is bordered by the Bluff Creek Golf Course. The site was platted and the home on the property was constructed in 1985. Much of this site is encompassed by the Bluff Creek Overlay District boundaries as well as the bluff located over much of the site. The Bluff Creek Overlay District was adopted in 1998. Typically a conditional use permit would be required to do any construction within the Bluff Creek Overlay District. However the City Code does have an exemption for properties who's principal structure was constructed prior to 1998, which again this was constructed in 1985. Therefore no conditional use permit is required. A variance however is required due to the location of the bluff on the site. There is a bluff located on much of the property. The variance is to construct a retaining wall within the bluff impact zone which is the bluff itself and the land located 20 feet from the top of the bluff. There's an additional setback from the top of the bluff so there's a total of 30 feet for any structure to be located. The reason for the retaining wall is due to the erosion and runoff problems inherited by the current property owner who purchased the home in 2007. SCANNED Chanhassen Planning Commission — February 16, 2010 Much of the vegetation as you can see from the photograph was removed and has caused severe erosion problems into Bluff Creek. The intent of the wall is to mitigate the erosion problems and runoff. In addition to the construction of the retaining wall the applicant is proposing to revegetate portions of the bluff to further stabilize the land. The second wall is a supporting wall. The wall shown in the red color is a wall that currently exists and was replaced. The wall further down, which is the blue dotted line which follows the 915 contour, will be supporting that wall. In the area between the two walls there is a 3 to 1 slope. The idea of this wall is not to create a yard in the rear of the property but to maintain the natural features of the bluff. It's staff's opinion that this wall will be a benefit to the natural bluff, therefore staff is recommending approval and at this time I'll take any questions. Laufenburger: Okay, thank you Angie. Any questions for staff? Mark? Undestad: No. Laufenburger: Kathleen, how about you? Thomas: Nothing. Laufenburger: Okay, Tom any questions? Doll: Just the item number 10. Zoning permit will be, shall be applied. Kairies: A zoning permit is a permit that is required when a building permit is not required. A building permit's required for any wall over 4 feet. The proposed wall is estimated to be about 3 feet tall. Doll: That's all I had. Laufenburger: Okay, thank you. Is there an applicant or an owner that would like to speak to the commission? If not, stand at the podium. State your name please. Bobby Jensen: My name is Bobby Jensen and I am the applicant. Laufenburger: Alright, welcome. Bobby Jensen: It's a really pretty simple project. It's a retaining wall. We will revegetate. We did speak with the township, Angie help me? Terry. Kairies: Water Resource. Bobby Jensen: Water Resource to work in conjunction with him for what we can use on the lower side. Actually he thinks we can get some DNR maybe down the line to revegetate and get some money from them to do it. If you could tell from the pictures, it's got a gully. It's getting worse and worse and we replaced the top wall and we would like to replace the second wall to mitigate the problem. To protect Bluff Creek pretty much is what we want to do and it's a pretty 2 95 X Chanhassen Planning Commission —February 16, 2010 simple deal. It's not complicated at all. The wall, I think except for that one point where it meets the two is probably no more than 3 1/2 to 4 feet high. That's about it in it's simplicity. Laufenburger: Thank you Mr. Jensen. Any questions? Mark. Bobby Jensen: Any questions? Undestad: Just one. The area between the two walls, is that entire area going to get the 3 inches of mulch and? Bobby Jensen: It will be mulch. The whole thing will be mulch and there is a landscape plan on here that we will use which was talked about with staff and approved by staff prior. Basically the vegetation that's going in is all stuff that will hold on a hillside. Undestad: Okay, thank you. Bobby Jensen: Thank you. Laufenburger: Ah just a moment. Any other questions? Kathleen? Thomas: Thank you. Laufenburger: Tom, I'll ask you. Doll: No. Laufenburger: I do have a question. Bobby Jensen: Yes. Laufenburger: In the material that the staff provided, we had a picture of the previous retaining wall that looked to be a timber. Bobby Jensen: That's gone. Laufenburger: Yeah. No, that's gone and that's been replaced by a rock? Bobby Jensen: Boulder wall. It'll be matching. Laufenburger: Boulder wall, okay. Bobby Jensen: It's a boulder wall and the lower one will be a matching boulder wall. So it's all natural. Thomas: Yeah, they'll hold up better too. 3 Chanhassen Planning Commission — February 16, 2010 V Bobby Jensen: Alright? Laufenburger: Alright. Thank you very much. Bobby Jensen: Thank you. Laufenburger: At this time I'd like to open the public hearing for the Schaffran variance. If there's anybody in attendance this evening who would like to speak or comment on this, you're welcome to do so. Stand up to the podium and state your name and address. Not at this time. 1 will close the public hearing. Okay. Folks, what do you think? Undestad: Looks good to me. Thomas: Makes sense to me. It's probably the only way that's going to keep the property in good proportion and not lose more of it to runoff and a boulder wall will be great because I've seen timber walls you know explode. Laufenburger: Yeah, as this one apparently did. Thomas: Yes, that's the you know 20 years or so and they just blow apart. Laufenburger: How about you Tom, any comments? Doll: No. Looks good tome. Laufenburger: I think it's good stewardship on the part of the new owner. Obviously they inherited something when they purchased the property that wasn't suitable and wanted to take steps to prevent any further erosion and silt and sediment going into Bluff Creek so I'll entertain a motion. Thomas: Sure I'll move. I'll make a motion. The Chanhassen Planning Commission as the Board of Appeals and Adjustments approves a variance to construct a retaining wall within the bluff impact zone subject to conditions 1 through 10 in the staff report and adoption of the attached Findings of Fact and Action. Laufenburger: Okay we have a motion. Is there a second? Doll: Second. Laufenburger: Any further discussion? Thomas moved, Doll seconded that the Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves a Variance to construct a retaining wall within the Bluff Impact Zone as shown in plans dated Received January 14, 2010 and adoption of the attached Findings of Fact and Action, subject to the following conditions: 0 Chanhassen Planning Commission —February 16, 2010 Erosion control measures are to be installed on the slope and maintained until final stabilization is achieved. These measures should include staggered silt fence with J- hooks or staggered bio-rolls with J-hooks. 2. The applicant shall vegetate the bluff in accordance with the Landscape Plan submitted by Bobby Jensen's Landscape Junction, stamped "Received January 14, 2010". 3. No area within the bluff impact zone and below the more upslope retaining wall is to be maintained as yard. 4. No mowing shall occur within the Bluff Impact Zone except as needed per an approved vegetation management plan to control noxious weeds or to establish native vegetation consistent with the surrounding plant community. 5. Recruitment of seedlings from the surrounding seed source trees shall be allowed in the area below the second retaining wall. No efforts shall be taken to control the growth of trees in this area unless they are considered invasive, such as common buckthorn or black locust. 6. Imported soil materials need to be granular with no greater than 10% clay content to allow for infiltration. Location of drain tile outlets shall be such that it does not create a nuisance condition nor promote erosion. Stabilization BUYS shall be placed at the discharge point and shall be inspected by the Water Resources Coordinator. 8. The applicant shall work with staff to determine the height of the step when connecting the proposed wall to the easterly portion of the existing wall. 9. The retaining wall shall be located no lower than the existing 915' contour. 10. A zoning permit shall be applied for and approved prior to construction. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: OF CHANHASSEN, PLANNING CASE 10-03. Al -Jaffa Chairman Laufenburger, members of the Planning Commission. On December 1, 2009 staff presented an issue paper to the Planning Commission explaining the need to amend various planned unit development ordinances governing developments within the city. Staff is proposing that in the event the PUD is silent on an issue that we reference the city code. For example the 5 CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: 2/16/10 CC DATE: 3/8/10 REVIEW DEADLINE: 3/15/10 CASE #: 10-05 BY: AK TJ, AF, JM, JS "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves a Variance to construct a retaining wall within the Bluff Impact Zone subject to conditions 1 through 10 in the staff report and adoption of the attached Findings of Fact and Action." SUMMARY OF REQUEST: The applicant is requesting approval of a Variance to construct a retaining wall within the Bluff Impact Zone. LOCATION: 845 Creekwood Drive Lot 1, Block 1, Vogel Addition APPLICANT: Bobby Jensen Bobby Jensen's Landscape Junction 8415 220'h Street West Lakeville, MN 55044 bobbyAlandsMiunction.com 952-985-7625 PRESENT ZONING: Agricultural Estate (A2) District James Schaffran 845 Creekwood Drive Chaska, MN 55318 2030 LAND USE PLAN: Residential Low Density 1.4-2 Unitstacre ACREAGE: 2.2 DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION-MAHING: ADJACENT ZONING: The property to the north is Bluff Creek Golf Course zoned Agricultural Estate (A2) District. The properties to the south, east and west are single-family homes zoned Agricultural Estate (A2) District. WATER AND SEWER: Water and sewer service is not available to the site. While the site is located within the 2010 Municipal Urban Service Area (MUSA), sewer and water is not anticipated to be extended to the site until future development occurs within the vicinity. 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 variance. The City has a relatively high level of discretion with a variance because of the burden of proof is on the applicant to show that they meet the standards in the ordinance. Fil SCANNED Schaffran Variance Planning Case 2010-05 February 16, 2010 Page 2 of 6 PROPOSAUSUMMARY The subject site is located south of Pioneer Trail and Bluff Creek Golf Course and west of State Highway 101. The site is zoned Agricultural Estate (A2) District which permits single-family homes. The subject site is located within the Bluff Creek Overlay district and contains a bluff in the rear yard. The home was constructed in 1985 and predates the adoption of the Bluff Protection (1990) and Bluff Creek Overlay District (1998) ordinances. The applicant is proposing to construct a retaining wall in the rear yard to mitigate and stabilize erosion within the bluff. The majority of the residence is located within the Bluff Impact Zone, which was constructed prior to the adoption of the Bluff Protection Ordinance. Therefore, the home is legal non -conforming. The Bluff Impact Zone is defined as a bluff and land located within 20 feet from the top of a bluff. All structures must maintain a 30-foot setback from the top of the bluff. Schaffran Variance Planning Case 2010-05 February 16, 2010 Page 3 of 6 However, Section 20-1401 (b) of the Chanhassen City Code states, "On parcels of land on which a building has already been constructed on June 1, 1991, the setback from the top of the bluff is five feet or existing setback, whichever is more, for additions to an existing building. Any new buildings will have to meet the 30-foot setback." The proposed retaining wall is farther down the bluff and therefore requires variance approval. While a conditional use permit (CUP) is required prior to new construction within the Bluff Creek Overlay District, Section 20-1554 (b) of the Chanhassen City Code states, "All lots of record in existence and parcels of land located within the Bluff Creek Overlay District on which a principal structure has been constructed prior to December 14, 1998 (emphasis added), are exempt from requiring a conditional use permit. Further subdivision of the property will require a conditional use permit and shall comply with the Bluff Creek Overlay District." Since the residence was built in 1985, a CUP is not required to construct the retaining wall. Staff is recommending approval of the variance request because the proposed second wall will not create a "yard", but rather will maintain the natural features of the site, stabilize the bluff, and eliminate the current erosion problems. The proposed 3:1 slope is consistent with the existing topography of the site. APPLICABLE REGUATIONS Chapter 20. Article R, Division 3, Variance. Chapter 20. Article DC. Agricultural Estate District. Chapter 20. Article XXVUL Bluff Protection. Chapter 20. Article XXXI. Bluff Creek Overlay District BACKGROUND The subject site is located in the Vogel Addition platted in 1985. The home on the site was constructed in 1985, prior to the adoption of the Bluff Protection and Bluff Creek Overlay ordinances. The top of the bluff is shown in purple and as a reference; the Bluff Creek Overlay District Primary and Secondary boundaries are shown in orange. The Bluff Protection ordinance was adopted in 1990. The intent of the Schaffran Variance Planning Case 2010-05 February 16, 2010 Page 4 of 6 Bluff Protection ordinance is to minimize the impact and erosion of the bluff and maintain the natural character of the land. Structures are prohibited within the Bluff Impact Zone, which is defined as a bluff and land located within 20 feet from the top of a bluff. All structures must maintain a 30-foot setback from the top of the bluff. Many of the trees along the bluff in the rear yard had been cleared and erosion problems existed prior to the current owner purchasing the property. There was a failing timber retaining wall located to the rear of the house, which was recently replaced with a boulder retaining wall in the same location to stabilize the house foundation. The applicant is requesting a variance to construct a second wall farther down the bluff along the natural brush line to further mitigate erosion. In addition to the second retaining wall, the applicant proposes to revegetate a considerable portion of the bluff with woody vegetation and native grasses and forbs. The applicant is also willing to work with Water Resources staff to plant seedlings below the retaining wall. ANALYSIS The current owner, Mr. James Schaffiran, purchased the property in December 2007. At that time, the land alteration within the bluff and the Bluff Creek Overlay District had already occurred. An aerial photograph from 2006 shows that this area had been cleared of trees by the time this area was photographed in the fall of that year. One retaining wall existed on the property. This retaining wall was approximately 8 feet in height and was constructed of 4" x 4" cedar material. The top of the wall was beginning to cant out toward the south and several of the timbers exhibited significant decomposition. Based upon visual observation, the wall did not appear adequate to bear the existing load behind it and needed to be reconstructed. The upper wall was reconstructed in the same location, but the significant grades below the wall still result in conditions well suited to gully erosion and slope failure. In response to these conditions, the applicant is proposing a second wall to be located at approximately the 915 contour line. Staff concurs with the applicant's suggestion. When staff visited the site in October of 2009, the area was dominated by cocklebur plants with some brome grass. There was no evidence of recently cut stumps or slash to indicate that any clearing of woody vegetation had occurred since Mr. Schaffran took occupancy of the property. In approximately the same location as the proposed second wall, two prominent nick points have begun to form. These nick points allow for continued head cutting. Left unchecked, these areas will continue to erode and additional gullies will develop, potentially delivering more sediment to Bluff Creek. Schaffran Variance Planning Case 2010-05 February16,2010 Page 5 of 6 The wall shown in red is the boulder wall which replaced the failing timber wall. The proposed wall is shown in blue and will average three feet in height. The wall will follow the natural curve of the 915' contour. On the west side of the site the wall will end at the location where it matches grade. This should be just west of the house comer extended. 00'Sc�La� 45 C1[fRfmDDml weB ;.• Adjust this wall as TOW required - See Building 3•t —,._> 918'./- Official BOW R 915, caracur The proposed wall will connect to the existing wall to the east and will step down. The height of the step will be determined during construction of the wall to ensure adequate engineering and ability to construct the three-foot tall wall. The intent of the second wall is not to create a "yard", but rather to maintain the natural features of the site, stabilize the bluff, and eliminate the current erosion problems. Therefore, the area between the existing wall and the proposed wall will maintain a 3:1 slope. This slope is consistent with the existing topography of the site. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and adoption of the attached Findings of Fact and Action: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves a Variance to construct a retaining wall within the Bluff Impact Zone as shown in plans dated Received January 14, 2010 and adoption of the attached Findings of Fact and Action, subject to the following conditions: 1. Erosion control measures are to be installed on the slope and maintained until final stabilization is achieved. These measures should include staggered silt fence with J-hooks or staggered bio- rolls with J-hooks. 2. The applicant shall vegetate the bluff in accordance with the Landscape Plan submitted by Bobby Jensen's Landscape Junction, stamped "Received January 14, 2010". 3. No area within the bluff impact zone and below the more upslope retaining wall is to be maintained as yard. Schaffran Variance Planning Case 2010-05 February 16, 2010 Page 6 of 6 4. No mowing shall occur within the Bluff Impact Zone except as needed per an approved vegetation management plan to control noxious weeds or to establish native vegetation consistent with the surrounding plant community. 5. Recruitment of seedlings from the surrounding seed source trees shall be allowed in the area below the second retaining wall. No efforts shall be taken to control the growth of trees in this area unless they are considered invasive, such as common buckthorn or black locust. 6. Imported soil materials need to be granular with no greater than 10% clay content to allow for infiltration. 7. Location of drain the outlets shall be such that it does not create a nuisance condition nor promote erosion. Stabilization BMPs shall be placed at the discharge point and shall be inspected by the Water Resources Coordinator. 8. The applicant shall work with staff to determine the height of the step when connecting the proposed wall to the easterly portion of the existing wall. 9. The retaining wall shall be located no lower than the existing 915' contour. 10. A zoning permit shall be applied for and approved prior to construction." ATTACHMENTS I. Findings of Fact and Action. 2. Development Review Application. 3. Site Survey. 4. Landscape plan by Bobby Jensen's Landscape Junction, stamped "Received January 14, 2010". 5. Public Hearing Notice and Affidavit of Mailing. g:\plan\2010 planning cases\10-05 Schaff= variance & cup\staff report b.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION Application of Bobby Jensen, on behalf of James Schaffran, for a Variance to construct a retaining wall within the Bluff Impact Zone on property zoned Agricultural Estate (A2) — Planning Case No. 10-05. On February 16, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bobby Jensen, on behalf of James Schaffran, for a Variance to construct a retaining wall within the Bluff Impact Zone on property zoned Agricultural Estate (A2), located at 845 Creekwood Drive, Lot 1, Block 1, Vogel Addition. The Planning Commission conducted a public hearing on the proposed Variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A2. 2. The property is guided in the Land Use Plan for Residential Low Density. 3. The legal description of the property is: Lot 1, Block 1, Vogel Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Due to the topography of the site, the construction of the storm water pond in the primary zone is a reasonable request. Finding: The subject site and the home predate the adoption of the Bluff Creek Overlay District and the Bluff Protection Ordinance. The home and existing retaining wall were built within the bluff setback and Bluff Impact Zone. Much of the vegetation within the bluff was removed prior to the current owner purchasing the property. The removal of the vegetation has caused significant erosion and runoff issues into Bluff Creek, as well as unstable soils to support the home. The proposed retaining wall will reinforce the existing retaining wall and mitigate the erosion and runoff into the creek. The applicant proposes to plant additional vegetation to further stabilize the bluff and eliminate the erosion problems on the site. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification because of the topography of the property. Finding: The subject site is one of four homes located off of Creekwood Drive, all of which predate the adoption of the Bluff Protection Ordinance. The topography of the site, the location of the home and previous clear cutting of vegetation along the bluff has created erosion and runoff problems. The addition of the second wall and re -vegetation will have a positive impact on the bluff and Bluff Creek. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The purpose of the request is not based on the desire to increase the value or income potential of the site. The intent is to reinforce the existing retaining wall supporting the home, to stabilize the bluff and mitigate the erosion and runoff into Bluff Creek. d. The alleged difficulty or hardship is not a self-created hardship, but is due to site topography. Finding: The request is not a self-created hardship. The Vogel subdivision and construction of the home predates the adoption of the Bluff Creek Overlay District and the Bluff Protection Ordinance. The majority of the home is located within the Bluff Impact Zone. There is a boulder retaining wall that replaced a failing timber retaining wall supporting the house. Many of the trees and natural vegetation within the bluff were removed prior to the current owner purchasing the home, which has resulted in significant erosion and runoff issues into Bluff Creek. The proposed wall will mitigate the erosion of the bluff and reinforce the existing retaining wall. As part of the application the applicant is proposing to revegetate the bluff with plant species to further stabilize the slope and reduce the rate of runoff. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The retaining wall will have a positive impact on the surrounding area, including Bluff Creek by mitigating the erosion and runoff into the creek and stabilizing the bluff. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The retaining wall will not impair the supply of light and air to adjacent property or impact traffic congestion of the public streets or increase the danger of fire or public safety or diminish or impair property values within the neighborhood. The retaining wall will have a positive impact on the neighborhood and Bluff Creek. 5. The planning report #10-05 dated February 16, 2010, prepared by Angie Kairies and Terry Jeffery, et at, is incorporated herein. ACTION The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves a Variance to construct a retaining wall within the Bluff Creek Overlay District and Bluff Impact Zone, Planning Case #10-05, based on these findings of fact. ADOPTED by the Chanhassen Planning Commission this 16`b day of February 2010. ..: u.: ' _: �►11�fIK�1�1�1 Y.9fi7`►I BY: Its Chairman CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Name and Address: Email: Planning Case No. � U - vs CITY OF CHANHASSEN RECEIVED JAN 14 2010 CHANHASSENPLAWNG DEP' r Namee and Address: i /'_.. , Contact: , J. Phone: 57.1 -3 Fax: d%a Email: S-.kPW,4-Xc aD<-,coti1 NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)` Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) 3LOO Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow ,Filing Fees/ Rrney Cost" ILX � - $5 CUP PR/VA /AR AP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ �zS !c C Gk IGCj} An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 8'/z" X 11" reduced copy for each plan sheet along with a digital vcopycopy in TIFF -Group 4 (`.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: / ZJ�eQ/),�{J6C)L) )r LOCATION:�S C�� CA � �)(nf LEGAL DESCRIPTION AND PID: LOB \ -)2j1(— r TOTAL ACREAGE: WETLANDS PRESENT: �j YES X NO PRESENT ZONING: J7 Z REQUESTED ZONING: �/ r PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST To construct a Glacial Boulder Wall below an existing boulder wall to control runoff and erosion in the rear of home that lies in the Bluff Creek Bluff buffer Zone. The home was built on the bluff before the buffer zone ordinance was enacted and now encroaches on current set backs. The existing conditions, which are worsening are a result of the slope being "clear cut' prior to the present ownership. The project will mitigate existing erosion conditions by reducing and capturing the volume of runoff that now exists. The project will mitigate the impact of the original construction prior to the bluff ordinance and to protect Bluff Creek from further contamination. FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. c� Date Date giplan\forgfs\development review applicaticn.dw SCANNED PROJECT NAME: LOCATION: _ 6v5- (f jeeeet000 D b C , C ri,,js Kr,4 LEGAL DESCRIPTION AND PID: Loy � 3►��k. l Vow TOTALACREAGE: �2- 2 WETLANDS PRESENT: YES % NO PRESENT ZONING: 4 Z REQUESTED ZONING: /U//t PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST To construct a Glacial Boulder Wall below an existing boulder wall to control runoff and erosion in the rear of home that lies in the Bluff Creek Bluff buffer Zone. The home was built on the bluff before the buffer zone ordinance was enacted and now encroaches on current set backs. The existing conditions, which are worsening are a result of the slope being "clear cut" prior to the present ownership. The project will mitigate existing erosion conditions by reducing and capturing the volume of runoff that now exists. The project will mitigate the impact of the original construction prior to the bluff ordinance and to protect Bluff Creek from further contamination. FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or 1 am the authorized person to make this application and the tee owner -has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. F. / /o Jo - Date jD—eGZZ O9 Date g4plan\forrQS\development review application.doc SCANNED City of Chanhassen Request for Variance Written description of variance request. To construct a Glacial Boulder Wall below an existing boulder wall to control runoff and erosion in the rear of home that lies in the Bluff Creek Bluff buffer Zone. The home was built on the bluff before the buffer zone ordinance was enacted and now encroaches on current set backs. The existing conditions, which are worsening are a result of the slope being "clear cut' prior to the present ownership. The project will mitigate existing erosion conditions by reducing and capturing the volume of runoff that now exists. The project will mitigate the impact of the original construction prior to the bluff ordinance and to protect Bluff Creek from further contamination. Written justification of how request complies with the findings for granting a variance (pursuant to Section 20-58) as follows: a. That the literal enforcement of this chapter would cause undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape, or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances but to recognize that and develop neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. The project will secure the foundation of the home by reinforcing the first wall and correcting severe erosion conditions. The project will reduce runoff to the ravine to the east and Bluff Creek to the south. The project will mitigate existing erosion conditions by reducing and capturing the volume of runoff that now exists. The project will mitigate the impact of the original construction prior to the bluff ordinance and to protect Bluff Creek from further contamination. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. SCANNED This is a unique circumstance where the home was constructed before the Bluff setback ordinance was enacted in 1990 and now sits in the setback. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. The purpose of the request for variance is to mitigate existing erosion and runoff conditions by reducing and capturing the volume of runoff that flows into Bluff Creek. d. The alleged difficulty or hardship is not a self created hardship. The Hardship was not self created it is a pre-existing condition created before the ordinance was enacted. The project will mitigate the impact of the original construction prior to the bluff ordinance and to protect Bluff Creek from further contamination. e. The granting of the variance will not be detrimental to the public welfare of injurious to other land or improvements in the neighborhood in which the parcel is located. The granting of the variance will not be detrimental to the public welfare of injurious to other land or improvements in the neighborhood in which the parcel is located. On the contrary it will be beneficial to the health of Bluff Creek and enhance the overall esthetics neighborhood. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. g. The project will neither impair an adequate supply of light and air to adjacent property nor substantially increase the congestion of the public streets or increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The goal is to protect Bluff Creek from further contamination. sca.r+NED I I � .. / {! / ƒ ® / ^/ / 1 ( i ) � t f § §q\| z� Z ( /}\ . % 3 1 3- &aa�= ! §| !! |$ $\!\ || I)|) ! )//§|\\ -! CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on February 4, 2010, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Schaffran Variance and Conditional Use Permit — Planning Case 10-05 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this ` k day of , 2009. ev-- Not4 Pubic n J. En el azdt, puty Clerk KIM T. MEUWISSEN I�; Notary Public -Minnesota My Cwmwion Fires Jan 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 16, 2010 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 for a Variance and Conditional Use Permit to construct Proposal: a retaining wall within the Bluff Creek Overlay District and Bluff Setback on prope zoned Agricultural Estate District I Applicant: Bobby Jensen's Landscape Junction Property 845 Creekwood Drive (Lot 1, Block 1, Vogel Addition) Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/l0-05.html. If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies@ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written 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 rior to the PlannIng Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting, • A neighborhood spokespersontrepresentative 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, please contact the Planning Stag person named on the notification. Date & Time: Tuesday, February 16, 2010 at 7:00 P.M. This hearing may not start until later In the evening, depending on the order of the agenda. Location: Cit Hall Council Chambers, 7700 Market Blvd. Request for a Variance and Conditional Use Permit to construct Proposal: a retaining wall within the Bluff Creek Overlay District and Bluff Setback on property zoned Agricultural Estate District A2 Applicant: Bobby Jensen's Landscape Junction Property 845 Creekwood Drive (Lot 1, Block 1, Vogel Addition) Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/10-05.html. If you wish to talk to someone about this project, please contact Angie Kairies by email at akairiesOci.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. 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 recommentlation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process, The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. ANNE & CLARA VOGEL BLUFF CREEK GOLF ASSOC DARREN K BATCHELOR 815 CREEKWOOD DR PO BOX 1060 925 CREEKWOOD DR CHASKA MN 55318-9643 CHANHASSEN MN 55317-1060 CHASKA MN 55318-9645 DONALD E HALLA ETAL 10000 GREAT PLAINS BLVD CHASKA MN 55318-9465 MARK D & KAY M HALLA 6055 HIGHWAY 212 CHASKA MN 55318-9250 TIMOTHY A & TERESA M VOEHL 770 CREEKWOOD DR CHASKA MN 55318-9620 JAMES R SCHAFFRAN 845 CREEKWOOD DR CHASKA MN 55318-9643 SPENCER L & GLORIA A BOYNTON TRUSTEES OF TRUSTS 777 CREEKWOOD CHASKA MN 55318-9621 JAMES W SABINSKE 775 CREEKWOOD CHASKA MN 55318-9621 TERRY B & GAYE E CARLSON 821 CREEKWOOD DR CHASKA MN 55318-9643 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 553 02/12/2010 10:38 AM Receipt No. 0121182 CLERK: bethany PAYEE: Bobby Jensen's Landscape Junct 8415 220th St Lakeville MN 55044 Planning Case #10-05 ------------------------------------------------------- Property Owners List 27.00 Total Cash Check 27.00 0.00 4152 27.00 Change 0.00 SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 0OF (952) 227-1100 MUSES To: Bobby Jensen Bobby Jensen's Landscape Junction 8415 220'" Street West Lakeville, MN 55044 Invoice SALESPERSON DATE TERMS KTM 2/4110 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 9 Property Owners List within 500' of 845 Creekwood Drive (9 labels) $3.00 $27.00 TOTAL DUE $27.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for February 16, 2010. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #10-05. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! 10 -oS CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.10-05 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, February 16, 2010, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance and Conditional Use Permit to construct a retaining wall within the Bluff Creek Overlay District and Bluff Setback on property zoned Agricultural Estate District (A2) and located at 845 Creekwood Drive (Lot 1, Block 1, Vogel Addition). Applicant: Bobby Jensen's Landscape Junction. Owner: James Schaffran. 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/sery/olan/10-05.html 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. Angie Kairies, Planner I Email: akairies@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on February 4, 2010) •' ►1 M TO: Angie Kairies, Planner I FROM: Jerritt Mohn, Building Official DATE: January 21, 2010 SUBJ: Request for a Variance and Conditional Use Permit to construct a retaining wall within the Bluff Creek Primary Zone on property zoned Agricultural Estate District (A2) and located at 845 Creekwood Drive (Lot 1, Block 1, Vogel Addition). Applicant: Bobby Jensen's Landscape Junction. Owner: James Schaffran. Planning Case: 10-05 Portions of retaining walls in excess of 48 inches in height (measured from bottom of the footing to the top of the wall) require a building permit and professional design. G:\PLAN\2010 Planning Cases\10-05 Schaffran Variance & CU\buildingofficialcomments.doc SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 �tmq Chanhassen, MN 55317 �tl I OF (952) 227-1100 Date: January 15, 2010 Review Response Deadline: Febnwv 5. 2010 To: Development Plan Referral Agencies From: Planning Department By: Angie Kairies, Planner I Subject: Request for a Variance and Conditional Use Permit to construct a retaining wall within the Bluff Creek Primary Zone on property zoned Agricultural Estate District (A2) and located at 845 Creekwood Drive (Lot 1, Block 1, Vogel Addition). Applicant: Bobby Jensen's Landscape Junction. Owner: James Schaffran. Planning Case: 10-05 PID: 25-8720010 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on January 14, 2010. The 60-day review period ends March 15, 2010. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on February 16, 2010 at 7:00 p.m. in the Council Chambers at Chanhassen City Ball. We would appreciate receiving your comments by no later than February 5, 2010. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River a Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED Location Map (Subject Property Highlighted in Yellow) Schaffran Variance & CUP Request 845 Creekwood Drive Planning Case 2010-05 C;" Y SCANNED CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 553 O1/15/2010 Receipt No. CLERK: katie PAYEE: JAMES S 845 CREEKWOOD CHASKA MN 55318 Schaffran Variance & Planning Case 10-05 ------------------------------------------------------- Use & Variance 525.00 Sign Rent 200.00 Recording Fees 100.00 0.00 $CANNED SCHAFFRAN VARIANCE & CUP - PLANNING CASE 10-05 $325 Conditional Use Permit $200 Variance $100 Recording Fee $200 Notification Sign $825 TOTAL $825 Less Check No. 1004 from James R. Schaff ran $0 BALANCE §,i Aff4w oaa Structural Engineering Consultants Boulder Retaining Wall Design Submittal MJP Associates, ltd. Project No.: Client: Project Name: MJP Associates. lid. 4362 Oakmede Law White Bear Lake. MN 55110 PH. 651426- 017 FAX 651426-6643 w n,c.1r9o-assmiates.com 91001 Bobby Jensen's Landscape Junction 8415 220nd Street Lakeville, MN 55044 Wall 2 (Lower Wall) 945 Creekwood Drive Chaska, MN 55318 CITY DF GNANHASSEN RECENEO JAN 14 2010 Michael J Digitally signed by Michael J. Preston CHANHASSEN PLA HNCa DEPT PE DN: cn=Michael J. Preston PE, o=MJP Preston PE Associates, ltd., ou, email=mike@mip- Date12009.12.15 16:1933-06'00' I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER 9NIJER hit Lft,'j, OF THE STATE OF MINNESOTA DATE: 12/15/09 REG. $CANNED XI "Y lkNiz, 1 DESIGN CRITERIA 2. PLAN & ELEVATIONS 3. DETAILS 4. CALCULATIONS 5. SUPPORTING DOCUMENTATION 0F"3HANHASSEN RECEIVED JAN 14 2010 -HANHASSEN PLAWNG DEM 1 Design Criteria • The design for the tiered boulder retaining walls making up this project is based on the following assumptions and our understanding of this project from a second site visit and information provided by BobbyJensen's Landscape Junction. • Soil Unit Weight 110 PCF • Field Stone Unit Weight 165 PCF • "Ka" (Assumed Active Soil Pressure Coefficient) 0.35 • "Kp" (Assumed Active Soil Pressure Coefficient) 4.81 • "f' (Assumed Friction Coefficient) 0.5 • Minimum Wall Batter See Plans • Top Wall Offset See Plans • Soil Surcharge None • The retained slope is assumed to be stable. r .JAN 1 4 %CiC CHANHASSE"J atA;:N;"L9 Oc' Elevations 2.1. Schematic Plan (prepared from 10/23/09 Topo survey by HTPO, Inc.) 2.2. Schematic Elevation F:' ._- JAN 1 4 2010 C; rfANhASSEN �i Rol."i'FJIi C_a, 923'f/m'ty%pw 845 CREEKWOOD DRIVE o ECs — • step `— TOW 3.1 918'+/- BOW @ 915' contour 1000 /'. /.00 U WAI ,t, Adjust this wall as required - See Building Official 'J I IF -. JAN Y 4 201C Client: Bobby Jensen's Landscape Junction Project: 845 Creekwood D Schematic Plan (: � By: MJP Date: 12/15/09 NOT TO SCALE 1/12/10 MJP Associates,ltd. - 651-426-7037 Client: Bobby Jensen's Landscape Junction Project: 845 Creekwood I By: MJP Date: 12/1S/09 MJP Associates, Itd. - 651-426-7037 2 2 Schematic Elevation NOT TO SCALE 3. Details 3.1.3C Wall with 5'8" maximum exposure i �--Varies to upper wall i 6 Batter 150 0' K— , � r 5 Varies TO 5-8"+/- Max Exposed 915'+J NOTE: Protect existing construction as required during construction of new wall Notes: i ) Refer to Elevations for wall location 2) See "Design Criteria" for specifications. 3) Wall weight/ ft. @ maximum height = 2434 #/ft/tier as follows: Stone designations refer to minimum depth x height in inches per lineal foot of wall. 4) Reduce Wall height by reducing top courses @ reducing wall heights. 5) Note minimum toe burial depth = 10". 6) 12" wide free draining granular backfill zone. 7) 4" 0 Drain tile wrapped with geotextile fabric and sloped to daylight - Coordinate release point as rquired. 1 ur- CHANHASSEN 8) 6oz commercial landscape fabric RECEIVED JAN 14 2010 CHANHASSEN PLAiWING DEPT Client: Bobby Jensen's Landscape Junction Project: 845 Creekwood 3 1 3�SQ�g��WallBy: MJP Date: 12/15/09 = I' 0" MJP Associates, Itd. - 651-426-7037 Calculations JAN 1 e. ?01, MJP Associates, IId. DATE: 12/15/09 4362 Oakmede Lane Client: Landscape Junction White Bear Lake, MN 55110 Project: 845 Creekwood P:651-426-7037' F:661-426-6643 Element: Wa112 Wall Criteria Input Soil Properties & Geometry Courses Soil Wt. (pcf) 110.00 (M) "D" (ft) "H" (ft) Wt. (lbs/ft) Stone Wt. (pcf) 165.00 (M) C1 (bot.) 2.50 2.50 1031 "Phi" Angle (deg) 32.00 C2 2.50 2.50 1031 Base Friction "f 0.50 (M) C3 1.50 1.50 371 Theta (deg) 15.00 (M) C4 0 "Htoe" (ft.) 0.83 (M) C5 0 Surcharge (psf) 0.00 (M) C6 0 Backfill Slope 12.00 C7 0 Axsec (sq.ft.) 2.26 (M) C8 (top) 0 Courses 3 Wall Criteria Output Geometry Acting Forces F1 (Ret.) F2 (Surch) Arm (ft) Arm2 (ft) Mot (ftlbs) Ka - active pres 0.35 Fh - Lateral Load (pIf) 817 0 2.17 0.00 1770 Kp - passive pres. 4.81 F2 309 0 1.33 0.00 412 Hdes- des. ht. (ft) 6.50 F3 43 0 0.50 0.00 22 Hs surcharge (ft) 0.00 F4 0 0 0.00 0.00 0 H - net ht. (ft) 5.67 F5 0 0 0.00 0.00 0 Offset (ft) 1.07 F6 0 0 0.00 0.00 0 Soil Base Width (ft) 0.07 F7 0 0 0.00 0.00 0 Acalc (sqft) 0.23 F8 0 0 0.00 0.00 0 A(sq.ft.) 0.23 Ww -Wall Weight (pIf) 2434 Ws - Soil Weight (plf) 26 Wt - Gravity Load I 2459 Resisting Forces & Stability Checks FSmin = 1.50 Ff (Ibs) Pp (Ibs) SLR (Ibs) FS Sliding Mr (ftlbs) Mr -sum FS OT C1 (Full Wall) 1230 182 1412 1.73 1289 3945 2.23 C2 842 0 842 2.72 1980 2656 6.44 C3 223 0 223 5.12 676 676 31.10 C4 0 0 0 NA 0 0 NA C5 0 0 0 NA 0 0 NA C6 0 0 0 NA 0 0 NA C7 0 0 0 NA 0 0 NA C8 0 0 0 NA 0 0 NA Wall is OK 5. Supporting Documentation 5.1. Soil Property Data 5.2. (i) Course Wall Geometry & Design Schematic o r� P , Pa H T N f . ,d Pa • /kaH v,•fAeNr 5P P P H bPa •� Ha Pr •fkv Ha O ■��■��■ WO as O!f' a ottgNs' px:omA W-9. Chart the aimativg pressure of badddl agdan tet""'ll "W suppst{ag.bsdhW with plane audsce. Us d chart Besftad to waW ist owe about 20 B high. (1) eackfill d crass-gesktd soil without d-W' of fine particles, wry pertmabk, as clean amid or gravel. (2) Backfff d eoars- Valued soil of low permeability due to admixture of panicky (.it, mist. (5) Backfill of fire silty land. Vaoutar nutcriala with couapiatoa CLAY coo- t.... ad ,.dual it with smnes. (4) Backfill of to ry soft or loft day. agank silt, or ailry clay. Client: Bobby Jensen's Landscape Junction I Project: 845 Creekwood I I Bv: MJP Date: 12/15/09 1 MJP Associates, ltd. - 651-426-7037 TARE zs Represaatatire valm for angle of internal friction p San Usrdssndutd- Nraid U Ty. •r mt- aelraiN M cassallikis, iWd M Gravel Mass. ds 1 55' 4o-55• star 55-50' 35-5P _ur, Loos dry ] 34• L. stuntd ri W pose dry 5}Jd1 4) w Ras snavol I-2•Im than 4Y50• dens sit, Silt or sty sand taps 10 2r 21-301 pros IS-l0• 5P55• (.Tay Onsuusd 5-10• ID r •5'aea LsNa armaenad mrea une, Woe evapkc dompdm a ta>vaea. Bo, IIssss4 Nor. i trs won •aaewr�we z t>e laow ills ton nam..aalar wnrtn 5.arAn Aa uyW,W ad gnM m..w..tzGw, sVt a Aw.Iwsoon Onwh )a r s.es u-r• 4. HOWCVer, in the absence of tests, the total shearing mutanm between the bass and a soil that demo most of its strength from internal friction may be taken As the normal for=.,'O- Ce" friction sc- ece following values. a grawithout sill, the coefficient I fricbe taken as 0.55; for coarse- graith sill, 0.45; and for silt, 0.55. If tthe retaining wall rests on day, istance agaisnt sliding shoot ihe . w can be cmucrvatively estimated As one half the unconfined mrspresive strength. If the clay is stiff or had, its surface should be roughened before the ccnmele base is placed. j�i Soil Properties NA- Batter Off Set ; Granular Backfil Zone C(I W(i ... H Hdes - C1 A (calc) - Note 5 des H C2 W2 Drain tile sloped to daylight C1 W1 --- -- ---------------- 11 D = _— _ Assumed Pointlll — III=— IIIII Of Rotation = IIIII= IIIII Base Notes: 1) Batter angle is "Theta" 2) Courses are assumed to have the equivalent weight of a cube as shown. 3) Moment Arm for Course(i) above the base course = [C2+C3+...C(i) x tan(theta)) + 1 /2 C(i)] 4) Offset = (Hdes - C1) x Tan(theta) 5) Size depends on orientaion of upper stones. Compare area from X-section to calculated value. Client: Bobby Jensen's Landscape Junction Project: 845 Creekwood By: MJP Date: 12/15/09 MJP Associates, ltd. - 651-426-7037 5.2 i (C) Wall SCALE: 3116" = 1'-0" TOPOGRAPHIC SURVEY PID: 258720010 OWNER: JAMES R. SCHAFFRAN PROPERTY ADDRESS: 845 CREEKWOOD DRIVE CHANHASSEN, MN. 55318 LEGAL DESCRIPTION: LOT 1, BLOCK 1, VOGEL ADDITION CARVER COUNTY, MINNESOTA PREPARED FOR: BOBBY JENSEN'S LANDSCAPE JUNCTION I 1 1`48524'31,W —' EASEMENT FOR ROADWAY PUR POSES I DECK \ T / / n / / C0NC. DRIVE / \ —934.70 Fr. N.A.V.DA.V.D. 1900 \ \ 30' SETBACK_ 845 CREEKWOOD DRIVE j j DECK x, / OF CHA HASS TOP OF BLUFF LINE PER D Y _ OF CHANHASBEN MAPPING AS PROVIDED BY THE CITY. i Scale m feet ST 0 10 20 30 Cal X. �/ w ��---•---mod- � -••. � ! � / / y, , _ i y i i 258.23 8, CERTIFICATION: 1 nereev ex�h uac an swey wu od.W U W me a uzer my elre¢ agervlsbn aM py[ I wn auM umntl uM swvew.umv n. byname �nire,an. Rep. No. 14.3 SCANNED —f 1 EngineeNing•Surveong it Land t pa Architecture s Te 1 L/l — - ` HANlsEN THORP m n NE N OL , W. Plant and Material List A -Raspberry, Autumn Britten (Rubus 'Autumn Britten) ill Pot 15 -18" - 16 B-Grass, Schizachyrium Little Bluestem (S. scoporium 'Little Bluestem') -#1 pot 12"- 22 -Bush Honeysuckle, Dwarf (Diervilla lonicera) - #2 Pot 18"- it D-Rudbeckia, Goldsturm(R. 'Goldsturm') - p1 Pot 15" -55 -Sumac, Gro-Low Fragrant (Rhus aromatica 'Gro-Low') #2 Pot 18"-30 -mulch -Double Shredded Hardwood Mulch 3+ inches throughout Bed Area ID 3 b I".VF 0 SchafFran Residence 845 Creekwood Drive ChasKa,MN Date W&M prawn by r ✓ bobby Jensen's L an&5cape Junction SCANNED Vs IN?* $15 rLsKc(I- - 701 Xenia Avenue South, Suite 300 Project Description �'S Cas�weos WSB Minneapolis, MN 55416 Project No. Designed By is-5 763-5414800 Task Description Checked By wwwsbeng.com Date SA.. IL, xa Page of & Associates, Inc. w �f C, i O 00 COOS 041f A� e Hof Oae Of\c E� 0 UE � FiNS1,u Lt TOD F.�6/ . � �Ioic> ?OnF u61 Rha� %.00 01eS o.W WIM DI SCANNED City of Chanhassen Request for Conditional Use Permit Statement on compliance with the following twelve general standards for conditional uses permits: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The Project - a Boulder Retaining Wall along the rear of the home located below an existing boulder wall will in no way be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The project will reduce runoff to the ravine to the east and Bluff Creek to the south. The project will mitigate existing erosion conditions by reducing and capturing the volume of runoff that now exists. Partial reforestation will be accomplished with the guidance and assistance of the Water Resource Manager. Plantings on and below the wall will control erosion and lessen the flow of runoff. The project will have a positive effect on the neighborhood and city by protecting Bluff Creek from the introduction of runoff. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. The project is consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The Boulder Wall made of glacial granite boulders will blend nicely with the rural/natural feel of the neighborhood. The existing area in the rear of the home was "clear cut" before the current owner took ownership and before the Bluff Creek buffer zone was established. The goal of the project is to control the erosion and run off that is currently an issue. The wall will be planted with species that have characteristics that lessen run off and hold the soil in place. d. Will not be hazardous or disturbing to existing or planned neighboring uses. The Project located in the rear of the residence will not be hazardous or disturbing to existing or planned neighborhoods. The residence sits on the bluff overlooking and adjoining Bluff Creek. The existing neighborhood is zoned A2. The project will be beneficial to the bluff and creek by controlling erosion and runoff. SCANNED e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The essential public facilities and services are already in existence. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The project will not create excessive requirements of public facilities and services and is not detrimental to the economic welfare of the community. By protecting the Bluff Creek resource the Project will boost the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The project will not involve any activities, processes, materials, equipment and conditions of operation detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The existing vehicular approaches to the property will not be affected and do not create traffic congestion or interfere with traffic or surrounding public thoroughfares i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The project will improve natural and scenic features of the area by controlling erosion now in existence and adding vegetation. There is no loss of, or damage to solar access, scenic or historic features. j. Will be aesthetically compatible with the area. The project made of natural materials will be compatible with the aesthetics of the area. SCANNED k. Will not depreciate surrounding property values. The project will only improve the surrounding area by reducing the amount of erosion and run off to Bluff Creek, protecting this valuable resource. I. Will meet standards prescribed for certain uses as provided in this article. The project will meet standards prescribed for certain uses as provided in this article. LANDSCAPING AND TREE REMOVAL 1. Plot plan locating and labeling by name and size all existing landscape material including botanical name, common name, size and condition. The noxious weed Cocklebur is the predominate plant on the hillside and there are no existing landscape material. 2. Plot plan indicating new landscape materials (including botanical name, common name, installation size and quantities of new materials) existing landscape materials to be saved and other physical improvements on the site, irrigation systems and methods for protecting existing materials during construction. Submitted 3. Elevation and/or cross sections may be required. 4. Statement on how applicant will comply with tree removal regulations. No tree removal is necessary 5. Statement on how plans meet the specific landscaping regulations for the following: a. Perimeter landscaping Not applicable b. Interior landscaping for vehicular use. Not Applicable c. Landscaping for service structure. Not Applicable SCANNED d. Installation and maintenance. Plant installation will be performed per the Minnesota Landscape and Nursery Association acceptable standards. No extraordinary maintenance practices will be necessary. SCANNED 13. 10 NA VA IM 845 CREEKWOOD DRrVE 928'+ • step 923'*/-*tyla= BOW @ 915' contour TOW 918'+/- Adjust this wall as required - See Building Official Client: Bobby Jensen's Landscape Junction Schematic Plan Project: . 845 Creekwood 21 ematic c . By: MJP Date: 12115/09 NOT TO SCALE 1/12/10 MJP Associates, ltd. - 651-426-7037 V A V.O. ISBB 845 CREEKWOOD DRIVE � w DECK i h r C- 9 :4] Je, YieNz1 928'+/ .� . r step _ Adjust this wall as r TOW required - See Building ' 3.t 918'+/- Official BOW @ 915' contour Client: Bobby Jensen's Landscape Junction Project: 845 Creekwood Schematic Plan 2.1 By: MJP Date: 12/15/09 NOT TO SCALE 1112110 MJP Associates, ltd. - 651-426-7037 TOPOGRAPHIC SURVEY N85*24'31 "W �1 1_ / \ 30' SETBACK / \ _ M APPROXIMATE TOP OF BLUFF LINE PER CITY _ r OF CHANHASSEN MAPPING AS PROVIDED BY THE CITY. I Scale in feet 0 10 20 30 PID: 258720010 OWNER: JAMES R. SCHAFFRAN PROPERTY ADDRESS: 845 CREEKWOOD DRIVE CHANHASSEN, MN. 55318 LEGAL DESCRIPTION: LOT 1, BLOCK 1, VOGEL ADDITION CARVER COUNTY, MINNESOTA PREPARED FOR: BOBBY JENSEN'S LANDSCAPE JUNCTION f i EASEMENT FOR ROADWAY PURPOSES — — — 1 258.23 = - CERTIFICATION: I hereby certify that this survey was prepared by me or under - r my direct supervision and that I am P duly Licensed Land the laws the innesota. _04 = _' -„�.- r ,i" � Surveyor under of •'!-• / J/ ! %' ; '" "'_- --` --_..- —r !- _�' Reg. N0. i le 3 Z-i Date: .."/ .,.--�Rtl31�,1IAlf— Engineering • Surveying -.-w) 1 Landscape Architecture �-/ .•' ^�• i H1tN£ Inc. HANSEN THORP PELLINEN ON5530 % l 10 75M 'M� -829-?M 95-82"7o HTP 6 OaK/P GE:O 1 9/27 _