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CAS-07_BURROUGHS VARIANCE - 10036 TRAILS END ROADSOUTHVIEW v DESIGNr 1..d.mpe .onto. tn. Josh Koller lends. p. D.ngnn 1875 East 50th Street Inver Grove Height. Minnesota 55077 651.203.3028 651-455.1734 651.248.3961 jknnerv,.thvlaw6e.ign.eom • Outdoor Living • Commercial & Residential • Professional Planning • Greenscapes • Waterscapes • Irrigation • Hardscapes • Concrete Pavers • Custom Services awm.south vie wdesign. co m The contents of this file have been scanned. Do not add anything to it unless it has been scanned. C] CITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227-1110 Building Inspections Phone:952.227.1180 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 Coulter Boulevard Phone: 952,227.1400 Fax:952.227.1404 Planning & Natural Resources Phone:952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone:952.227.1300 Fax:952.2271310 Senior Center Phone:952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us September 14, 2011 Josh Koller Southview Design 1875 East 50`h Street Inver Grove Heights, MN 55077 Re: Variance Request —10036 Trails End Rd Planning Case #2011-07 Dear Mr. Koller: This letter is to formally notify you that on September 12, 2011, the Chanhassen City Council denied Planning Case #2011-07 for a 4.3% variance (681 square feet) from the 25% maximum hard surface coverage limitation for the construction of a sport court on Lot 15, Block 4, Settlers West. If you have any questions, please contact me at 952-227-1132 or by email at akairiesAci.chanhassen.mn.us. Sincerely, Angie Kairies Planner I c: Philip and Stacey Burroughs ec: Jerry Mohn, Building Official Building Permit File —10036 Trails End Rd GAPLAM201I Plmining Ca XI1-07 Burmughs Variance-10036 Trails End RoadlLetter ofDenial.doc Chanhassen is a Community for Lite - Providing for Todayand Planning for Tomorrow SCANNED r • • Il-07 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Josh Koller of Southview Design on behalf of Philip and Stacey Burroughs for a 4.3% variance (681 square feet) from the 25% maximum hard surface coverage limitation for the construction of a sport court on property zoned Single -Family Residential (RSF) — Planning Case #2011-07. On July 19, 2011, 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 (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is Lot 15, Block 4, Settlers West. 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 request to exceed the hard surface coverage in the RSF district on a lot that exceeds the minimum lot requirements for the construction of a sport court is not in harmony with the general purposes and intent of this Chapter. Significant efforts were made during the development of Settlers West to protect the bluff areas by controlling the rate and volume of runoff and maintaining existing drainage conditions. Sensitive areas were put into protective outlots and discharge points from the storm sewer conveyance system were designed and constructed with extraordinary stabilization and energy dissipation methods. As this area ultimately drains to the bluffs along the Hennepin County Regional Rails to Trails System, any potential increase in runoff rate or volume could potentially result in erosion along the bluff. SCANNED 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: Currently, the property owners have reasonable use of a property within the RSF district as a single-family home with a three -car garage, as well as an outdoor patio/seating area already constructed on the property. While the purpose of the proposed sport court is for residential use, it is not a practical difficulty to exceed the 25% maximum hard surface coverage limitation. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations. The applicant is requesting a variance to exceed the 25% hard surface coverage limitation in the RSF district for the construction of an outdoor sport court for personal use. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The request is not based on a unique circumstance; the subject site exceeds the minimum lot requirements within the RSF district. The building permit for the proposed home, garage, driveway, front sidewalk, and a 180 square -foot patio on the property was approved on June 6, 2006. The building permit reflected a hard surface coverage of 24.7% or 3,922 square feet. The maximum impervious surface in the RSF district is 25% or 3,964 square feet. The applicant has reasonable use of the property. e. The variance, if granted, will not alter the essential character of the locality. Finding: While the addition of a sport court will not alter the essential character of the locality; exceeding the hard surface coverage and any increase in runoff rate or volume could potentially result in erosion along the bluff. 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 #2011-07, dated July 19, 2011, prepared by Angie Kairies, et al, is incorporated herein. PA 0 The Board of Appeals and Adjustments denies Planning Case 2011-07 for a 4.3% variance from the 25% maximum hard surface coverage limitation for the construction of a sport court on property zoned Single -Family Residential (RSF). ADOPTED by the Chanhassen Board of Appeals and Adjustments this 19a' day of July, 2011. CITY OF CHANHASSEN Chairman g:\plan\forms\findings of fact and decision - variance.doc Chanhassen City Council — S• tuber 12, 2011 • BURROUGHS VARIANCE: REOUEST FOR VARIANCE TO BUR D A SPORT COURT; 10036 TRAILS END ROAD. STACEY & PHIL BURROUGHS. APPLICANT: JOSH KOLLER, SOUTHVIIW DESIGN. Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated the subject property is at 10036 Trails End Road. This property is located in the southeast portion of the city and the request is for the hard cover. The applicant's requesting a 4.3% variance from the hard cover, which is a 25% maximum. This item was heard at the Planning Commission back in July 19th and the Planning Commission recommended to deny the variance request 6-0. 1 think there was a little bit of confusion during the Planning Commission hearing on the applicant's part in the fact that they were trying to convey that their material for the Sport Court did not meet the hard surface requirements. It was staffs opinion that we made the interpretation that that did not qualify for the hard surface and the applicant didn't appeal that so really what we're here tonight to talk about is whether or not the, because he's appealed it, whether or not you concur with the Planning Commission's recommendation for the hard surface coverage, which I'll go through here. So the Settler's West subdivision, the bluffs are shown in the red on the perimeter of the property. It has a seasonally high water table. There's tree preservations in the area. Clay soils. The reverse swales in the rear of the yard. If you remember this is kind of on that point of the bluff so it drops off. It's very steep. Highly erodible so there's swales along the perimeter there and there's stormwater piping in their rear yards and stormwater runoff in this area actually is, there's a tributary to the Minnesota River which is an impaired water. So the site itself, here you can see the table regarding the hard surface coverage so it's maxed out on the zoning permit right at the 25% as it sits today. So the applicant would like to put the Sport Court in on the rear of the property and that's where it goes over the hard surface coverage. So then we were looking at it because it's an application for a variance for the hard surface coverage, does it meet the practical difficulties and that sort of thing so it was our determination, the staffs determination and the Planning Commission's concurrence on that, that because the applicant had reasonable use of the property, that they felt that there wasn't a practical difficulty or hardship involved so that's what they recommended. So with that the City Council, would recommend that you also deny the hard surface coverage to support the Sport Court so with that I'd be happy to answer any questions. Mayor Furlong: Questions for staff. Councilman McDonald: Yeah I've got a question. 1 just need some clarification. If you go back to that chart before, okay the 25%, is that the current hard surface coverage and then it would go up to 29? Kate Aanenson: Correct. This is at 25% and then this would go, correct. It would take it up, yep. Councilman McDonald: Okay. Okay, thank you. Mayor Furlong: Other questions for staff? Councilman Laufenburger: A couple questions. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: The building permit square footage allowed 3922 square feet and the final building was 3964 so first of all why the change there, do you know? Kate Aanenson: 1 believe that they moved some of the, or added the proposed stones or some stepping stones going down to the. 14 SCANNED Chanhassen City Council —September 12, 2011 • Councilman Laufenburger: Okay. But as far as we're concerned they still, what they have in place right now still complies with the 25%. Kate Aanenson: That's correct. Councilman Laufenburger. Okay. Alright, so they're not asking for a variance to live with what they have right now? Kate Aanenson: No, that's correct. Councilman Laufenburger. Okay. Alright. What was the basis of the difference of opinion? I understand the Planning Commission said the Sport Court is not a pervious surface, or it is hard cover. Kate Aanenson: It is hard cover, right. Councilman Laufenburger: And the applicant and the designer said it's not. Kate Aanenson: Right. Councilman Laufenburger: Where's the difference? Kate Aanenson: Well I guess this is where, the application was for relief from the practical difficulties of the ordinance. It wasn't to interpret whether or not the surface that they were applying was hard cover because if we're going to make that interpretation, you're appealing an administrative decision and then an ordinance and that would be broad interpretation city wide on what would be considered hard cover. I think we've had a lot of discussion on where we want to move with that. We didn't think it was appropriate in this one application to take a look at that and make a broad brush application. So the applicant filled out a form to ask for relief for hard cover for the practical difficulty. Councilman Laufenburger: Okay. So this is not a decision about whether or not it's impervious or pervious, it's about practical difficulty? Kate Aanenson: That's correct. Councilman Laufenburger. Okay Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: No, that was my question. Mayor Furlong: Okay. And Ms. Aanenson, the term practical difficulty. This might be one of the first variances, maybe the second that's come forward since the law has changed, or maybe Mr. Knutson. What is a practical difficulty? What would constitute a practical difficulty? Mr. Knutson. Roger Knutson: Mayor, practical difficulty means the applicant proposes to use the property in a reasonable manner and that it's consistent with the spirit and intent of your ordinance and it's consistent with your comprehensive plan. That's basically it. He proposes to use it in a reasonable manner that won't be injurious. You have to determine whether his proposal is to use the property in a reasonable manner. 1 think the Planning Commission and staff has concluded it was not because you have real need for that limitation on impervious coverage because otherwise you'll have drainage issues and that will cause problems for not only this property but potentially other properties. 15 Chanhassen City Council — S• mber 12, 2011 • Mayor Furlong: And did you say that the proposed use is consistent with the spirit of the ordinance and the land use... Roger Knutson: Yes. Mayor Furlong: Okay. And if it is not, then we would determine that there are not practical difficulties. Roger Knutson: Right. That's one of the sub -categories. In determining whether the practical difficulties, those are all things you look at to determine whether there's a variance. The most key one, the easiest one to think about is, kind of sums it up is, does the applicant propose to use the property in a reasonable manner. Do you think it's reasonable? Now you start out by saying your ordinance has a standard in it and so why should he be, the applicant be allowed to deviate from the standard because the standard in your ordinance determines at first blush what is reasonable use. But all property is not the same and there has to be something unique about this property, among other things. What are the unique circumstances about this property that justify this variance? If it's like all the other properties, there's nothing unique about it in topography or other ways then they don't qualify. Kate Aanenson: If I may, and it's kind of summed up on page 2 of the staff report. So the staff cited that the site is currently, it's currently being used in a reasonable manner and that it contains a single family home and a 3 car garage and that the request to add the 25% coverage of a construction port did not constitute kind of that practical difficulty. They've got a reasonable use of the property and the Planning Commission too discussed whether or not you could put a basketball hoop on the driveway so that's kind of where the discussion. Roger Knutson: Just to be perfectly clear, the key difference between, if we can be on this subject, the key difference between the old standard. Let me back up. That standard lasted a year so the Krummenacher standard, the Supreme Court, the way the Supreme Court interpreted Krummenacher, the only way you were entitled to a variance is if without the variance you had no reasonable use of your property. The new legislative standard takes that out. It's just fine that you already have reasonable use of your property. They don't look at what you already have. They look at what you want and is what you want a reasonable use of the property and then you have the other factors, you know unique circumstances, it's consistent with the spirit and intent of the ordinance and it's consistent with the comprehensive plan. Mayor Furlong: Thank you. Councilman. Councilman Laufenburger. In fact the issue of practical difficulty would not be before us if the applicant presented a design for something that did not add hard surface. Kate Aanenson: Well but then I guess the staffs position on that is that you're asking us to make an interpretation then when we haven't got a consistent rule on what would be impervious surface. So now we're taking it at an ad hoc basis on every application to look at those differently where we have a requirement that says 25%. So if we're going to move away from that percentage, then I think that needs to be a different discussion on making that interpretation on a case by case basis. Mayor Furlong: Okay and I guess, I'm sorry go ahead. Councilman McDonald: Well let me ask a question because I'm a little confused by all this. I probably shouldn't be but I am. Okay the old standard was reasonable use of the property which means if I can put V Chanhassen City Council — September 12, 2011 • a house on there, that's reasonable use. Anything else is you know just added on. Now you're saying what would be, is it normal use? Acceptable normal use so? Roger Knutson: No. Councilman McDonald: Okay. Roger Knutson: Reasonable use. Councilman McDonald: Reasonable use. Roger Knutson: For example, we wouldn't have any issue with this if they had a smaller home for example or no driveway or whatever and they wanted to put in a sports court in their back yard, go for it you know. It's a reasonable thing to do but you have to look in the context here is, under the circumstances of this application is what they're proposing reasonable. Is this a reasonable use of the property? And in considering that you have to start with the fact that you have an ordinance requirement that sets the standard and so why are, why do they want to deviate, what justification is there for deviating from your standard? Councilman McDonald: Okay. Roger Knutson: Is there something unique? You know often times you get into strangely shaped lots for example or topography issues or things like that, or bad soils that create some need and that wasn't anticipated in your zoning ordinance and you can't anticipate everything. Councilman McDonald: Okay, so the 25% hard cover variance is what we're really kind of bumping up against and that's what we need to judge against if that's worth issuing a variance because they wouldn't have reasonable use of the property? Roger Knutson: What they propose is, you have to determine whether or what they're proposing is a reasonable use. Councilman McDonald: Okay so, let's say we agree yeah. A basketball court in a residential property would probably be a reasonable use. Now, to do that though they've got to go up against the 25% number and they're going to exceed that. Now I have to judge it against the hard cover variance, is that reasonable for the hard cover variance? That's where I'm getting confused because the first part. Roger Knutson: You have to, is the proposal reasonable under the circumstances of this application. For example if, I'll make something up. I'm pretty good at making things up. You know let's say this soil was incredibly permeable. This is unique soil that you don't see many places and when the water drops on this soil it goes, (swoosh) into the ground. That would say well, you know they don't, the 25% rule really isn't needed here because they have so much permeability because of their soil types. That would be an example, or the reason they need it is because of an odd shaped lot or the reason they need it is, whatever is unique to it and there's some setting off, we don't think it will cause any drainage problems because you can't, you wouldn't issue a variance if you knew someone was going to be or someone else's property was going to be inundated with water as a result so you have to look at that and say what are, what are the real negative consequences of this that it's going to be injurious to other property, then you wouldn't want to say yes. Councilman McDonald: Okay. Okay then I've got a question for Kate then because I think what I heard you say was that we didn't look at this upon this as an individual basis. What we're applying is the 25% 17 Chanhassen City Council — S•ember 12, 2011 • hard cover ordinance. We're not looking to see if the soils would mitigate that or if there's something else. That's not part of. Kate Aanenson: Yes it was part of it. Councilman McDonald: It was, okay. Kate Aanenson: What I said is what we didn't look at was, does the material that they're using for this specific court, is that material designed to be pervious. We're not going to make that interpretation at a Planning Commission meeting. That takes a lot of science and some information. While they tried to present it to the Planning Commission, we didn't have enough data to support that. The application request was for a hard cover variance. So you go back and say, and I'll go back to what we said in here, we believe the home is a reasonable home for that lot at 25% with a 3 car garage, a patio out the back. It has a reasonable use. But the other mitigating factors that we put into place was that it's on a sensitive area for development. Has clay soils. Could cause additional runoff. The sensitivity, we've talked about the swales in the back so we looked, got the soil types and all that sort of thing so we said adding additional would bump up against that and we believe that those are the reasons in the Findings of Fact that we would say we would not support additional hard cover. Councilman McDonald: Okay. Kate Aanenson: The property has reasonable use of the property. Councilwoman Ernst: So have they actually proposed using permeable surfaces or not? Kate Aanenson: Right, that's what they say that they have. But I'm saying we're not qualified at a Planning Commission meeting to make that interpretation. Because once you've approved that, then it's going to go city wide and I think it takes a much greater study on that then just making that interpretation. Councilwoman Ernst: Well this is something that comes up quite frequently and now that we have a different law, maybe it's something we need to go back and revisit again because it does change what we've talked about in the past. Kate Aanenson: I'm not sure that that does. I think there's two separate. Todd Gerhardt: Only if it's granted. Kate Aanenson: Yeah. Councilwoman Ernst: It's what? Todd Gerhardt: Only if you grant it on the basis that it is permeable. Councilwoman Ernst: Right. Kate Aanenson: Right. Councilwoman Ernst: But we talk about reasonable, using it in a reasonable manner today, and I forget what the term was before. Not difficulty but. Todd Gerhardt: Hardship. 18 Chanhassen City Council — September 12, 2011 Councilwoman Ernst: Hardship. So they are two different things Roger Knutson: As it stands before you tonight they have, the applicant has asked for a variance from the hard surface coverage. So that is what's before you. That assumes that it's impermeable because he's applied from a variance from that. He could have also, or in lieu of could have appealed the decision and the interpretation of the planning staff through the process as well but that was not done. Councilwoman Ernst: Does he have any proof that it's permeable. Kate Aanenson: Yes. Yeah, he's submitted lots of documentation but I'm saying we're not, we've not, we weren't qualified or the application didn't include that to say we're going to make that, nor did the Planning Commission want to address that because that wasn't the application to say there's a hard surface issue. Otherwise he'd have to make an appeal on the interpretation of what constitutes a pervious material. Then we're going to have a much deeper discussion on what constitutes that city wide. Councilman McDonald: Right, it gets into a policy issue and. Kate Aanenson: Exactly. Councilman McDonald: Really what should have happened is stand alone. Is this something that we could use to mitigate hard surface and then we would look into it and make that determination. What's the percentage that we maybe could knock off but tonight we can't, we don't have the scientific I guess evidence as part of this. All we can look at is the hard cover because we didn't look at anything else. Kate Aanenson: Let me back up. They tried to present that at the Planning Commission. The Planning Commission didn't feel like it met, it was outside of their realm. Didn't have enough supporting. The report is in your packet. Councilman McDonald: Right. Kate Aanenson: That didn't. Councilman McDonald: Well that's fine. You can submit it but I mean we can't evaluate it because the thing that we would look at is, okay what does this mean? We would turn it back to you and say you know get us some answers here. What's the percentage? You know if we say 25% and you use this and you go up to 30%, is that the same as 25 or is it the same as 26? You know we would want those kind of answers and it's not in the packet so. Mayor Furlong: Ms. Aanenson, quick question. With regard to our current ordinances with regard to the 25% limit, standard for impervious surface coverage, does our ordinance provide any relief based upon permeable materials being used? Kate Aanenson: No it does not. Mayor Furlong: Okay. Kate Aanenson: And I just want to point out too for the record, the Water Resources Coordinator was at that meeting and. Mayor Furlong: Was at which meeting? 19 Chanhassen City Council —September 12, 2011 • Kate Aanenson: The Planning Commission meeting. Mayor Furlong: Thank you. Kate Aanenson: I'm sorry. Mayor Furlong: That's fine. Kate Aanenson: And didn't agree with the science at that time so, the material that was presented in the study so. Mayor Furlong: Alright, thank you. Any other questions for staff at this time? If not, what I'd like to do is invite the applicant to come forward and address the council. Josh Koller: Thank you Mr. Mayor, City Council members. That was probably as good of discussion over permeable surface as I've had in the industry over the last 15 years so you guys are ahead of the curve on that. I've been working with Angela and Terry quite a bit on this project, back and forth and a couple things that you guys brought up on this versus you know what we're trying to do. There wasn't really from the beginning, and Angela's the one that's really helped me out who's been fantastic by the way to work with. There wasn't a lot of options for us. We initially said we wanted to present this as a permeable application and she said that was kind of the only way of us going about it to present it because they can't make a decision, the city members make a decision to say this is permeable or this is not considered permeable so we really didn't have a whole lot of options there. When discussing with, discussing everything with Angela and Terry, I met with them in the office, again had some really good conversations. Terry had said if you know try and present some information to us that it's going to make this specific site more permeable than versus just doing it you know everywhere or whatever and so we talked about a few things and we submitted some more information. There's basically two arguments here. We can argue, which of course I would like to til I'm blue in the face, that this is a permeable option. I know that's not what we're here to do. We're here to discuss that we're trying to get this approved even though we've going over the hard cover. Terry's exact. I mean if you, I don't know look at the tapes or have the conversation with him that him and I have had, he believes that this is permeable. What he doesn't believe is that it will help go into the soils better. I mean it's just a plastic grid that goes on sand so it'll definitely go through that but you know it was as far as showing that it's going to go through the soils better. That was the thing that we discussed and like I said, he's been great to work with. I haven't, he's presented a lot of great points and we've kind of gone from there. If we're just going to move towards the argument, which it sounds like I don't have a choice. We tried to present some, we wanted to go again and just show that this is permeable but the engineering that was needed and the cost that was needed to bring an engineer just to that one site to show this one material for that specific site was very expensive and the homeowners wasn't going to do that as an individual. I am going to be having meetings with Terry over the winter and I know a couple of other landscape firms because Chanhassen's very difficult as far as going over the hard cover, and we understand why but you know trying to get permeable pavers and different sorts of things, they don't see those type of things as permeable, or the City of Chanhassen doesn't see that. We understand it. But this was the route we were directed to go and told to go based on everything that I presented to you guys right now. With this specific site I guess you know to exceed the hard cover based on putting in the Sport Court, there's a few things to look at if you're out on sites. If you see, and it's really small on that plan. I don't know if you can zoom in at all but the existing elevations to the proposed elevations, if you go out on this site, it goes down the hill. There's an easement for, you know for drainage that goes through the property. It's very soggy. The grade isn't very good. What we're trying to do is with the Sport Court adjust grade accordingly. Make it a little flatter. Put some sea walls in. You can see on the other side underneath the 20 Chanhassen City Council — September 12, 2011 deck there's a little patio space with some permeable pavers and things like that that are even exceeding, that are going to hit the hard cover. We're right on. The Sport Court's the only thing that's going over. Right now this yard's not very usable for the two children that they have. The driveway's very steep in the front so putting a basketball court on there doesn't make any sense for them because the basketballs are going into the street. In the back right now the grade drops putting good so it's a little soggy. We're just trying to create a play area for the children. They've got 2 kids. Like to play sports along with their parents. That's why we're looking at the basketball court in this to exceed the hard cover. Again we're claiming that it's not but at the same time this was our options that we had so that's what we're trying to do with this. With this project. You know I guess that's kind of where we're at with it. Mayor Furlong: Okay. Alright, thank you. Any questions for Mr. Koller? Councilwoman Tjomhom: I have one actually for Kate, and you know you can listen too. Yeah, don't leave. Has this been a common problem in this development? Kate Aanenson: Well there's been a few up there that, they're pretty large houses for, if you look at the square footage, the lot size on there is slightly over 15,000 which is a standard lot and I would say they're pretty large homes on that so the home maximizes quite a bit. Then you add on some amenities for their Sport Court or some other patio areas they can be up there. Councilwoman Tjornhom: And when I look at this it's really hard for me to see the driveway being extremely steep or anything else going on. Kate Aanenson: We didn't think it was that steep but, that's the staff's opinion that it wasn't that steep but. Josh Koller: ...he says he doesn't want his kids running, I mean it's steep enough that if you're playing basketball a ball's going to go in the street quite a bit and he just doesn't want his kids running out in the street. Kate Aanenson: Yeah. Todd Gerhardt: We'll have maybe 2 or 3 of these a year. Councilwoman Tjomhom: In this development? Todd Gerhardt: Not just this development. Throughout town. Councilwoman Tjomhom: Throughout town, right. Todd Gerhardt: Yeah. Councilwoman Tjomhom: But sometimes there are those developments where there is just some quirky planning, not quirky planning. Some planning going on where a larger home has been built on the property and so now we do bump into these hard surface coverage issues. Kate Aanenson: I would think in this neighborhood they're executive homes with 3 car garages and. Councilwoman Tjomhom: Okay. 21 Chanhassen City Council A tember 12, 201 I • Todd Gerhardt: Yeah and this lot Mayor, council is just barely above our minimum lot size too and with about 15.8 so, lot size plays a factor and how large a home and patio you add to it and driveway. Josh Koller: Yeah, my homeowners bought this house. It was a spec home, or a model house that they bought and you know with the intention of doing things in the back yard. I mean they didn't even know they had an easement you know which is their, should have looked into that I guess a little bit but you know with the intention of doing a patio and things like that in the back yard and you know now they're running up against it and you know the, the problem is eventually, personally in my opinion and obviously being in the industry that I'm in, I mean you're going to get to a point where there isn't a whole lot of lots I mean in whether it's Chanhassen or Eagan or Minnetonka or Edina, whatever you move to and you know if you want to live in that specific town, I mean one you have to go and buy a ginormous lot but you don't have the funds to do it or you buy you know what you can find and then want to do some things. I understand definitely the runoff, that's an issue in Minnesota and Minnesota's starting to take a harder stance on it and I get that. I think we need to. On this particular lot with the grading that we would be doing and with the fact that the Sport Court does allow water to penetrate, the problem is the holes, and like Terry mentioned at the last meeting, this whole lot is completely clay. I mean that's the soils are, they don't penetrate the soil. The water doesn't penetrate the soil at all so it's very difficult to do that. In fact flattening the lot a little bit more like we're doing is going to actually, in my opinion would help that. I mean if you have a steep lot obviously with the harder soil for water to go down, it's going to run off faster. If you have it flat and it's able to sit there a little bit longer, water will generally percolate into the water table. I mean that's a goal which is actually in a sense what we're doing. Then like I said Terry, the engineer for the water piece, he did agree that the water will go through the Sport Court material. His concern was once it goes through there and into the sand bed, how's it going to penetrate the clay and so regardless if it's grass or if it's you know this material, how's it going to penetrate the clay if we don't, there's not a lot of options there. I mean it's not going to unless you do a lot of soil you know amendments but with this like I said, we're just, my homeowner's really adamant. He wants to make sure his kids have a place to play and wants to have all the neighborhood kids at his house instead of you know his kids going somewhere else. Mayor Furlong: What is the topography across this lot? Is it really steep or? Kate Aanenson: No. Josh Koller: The elevation. Todd Gerhardt: It slopes down to the trail. Kate Aanenson: Yeah. Todd Gerhardt: The LRT trail's in the back yard. Mayor Furlong: Okay. I'm just looking at the GIS site at the County and it looks like it's, and I hate to throw numbers out, that's why I'm asking. What do you know in terms of the topography from the front to the back of the lot? Kate Aanenson: It does slope. It has a slope to it but it's not you know, yeah. Josh Koller: They have a swale, if 1 can answer that. There's a swale in the middle of the yard where the drainage is supposed to go. Obviously for the neighbor to the left's supposed to go through and there's just a. 22 11 Chanhassen City Council —September 12, 2011 Mayor Furlong: Okay. And there's a pond to the north. Kate Aanenson: Correct. Mayor Furlong: So it runs through this lot to the north up to the pond. Kate Aanenson: Yep. Josh Koller: Correct. Mayor Furlong: Okay. Kate Aanenson: But everything up there's on the bluff and it, the greatest slope is on the edge. Mayor Furlong: And then to the west is where it falls off down to the regional trail. Kate Aanenson: Correct. Mayor Furlong: Okay. Councilwoman Ernst: I have a question Mayor. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Did you say that you were using pervious pavers in addition to this pervious grid? Josh Koller: I should have backed up a little bit on that. We're using a standard paver patio underneath the deck area. The City of Chanhassen obviously a deck they don't count as permeable so underneath we were doing a small paver area. Actually we cut out some of their existing pavers because they didn't go to plan and they did exceed the 25% actually once we found out. When I had measured it. But then on the side of it we were doing some, we made the patio a little smaller and then we were doing some large stepping stone pieces in a rock bed with fabric underneath it which was not considered hardscape and that will allow water to penetrate through it and just have a few steppers so that you just basically the same thing as if you put it in grass. If you put some stepping stones in grass, you know you have to count the square footage of the stepping stone itself but not the, you know the pieces inbetween it and so in a sense again this is the same type of thing. We're just putting a plastic grid on top of sand which you know, again I could argue that point all day. Councilwoman Ernst: But they're not really what you would called certified pervious pavers? Josh Koller: No. I would have loved to have done that on this project but again Chanhassen doesn't agree with permeable pavers because their thought, or the thought process, and I went over this with Terry quite a bit, is that over time if you don't maintain them, they clog up. Again ICPI certification shows that that's not the case. A lot of towns do approve permeable pavers but Chanhassen does not. Councilwoman Ernst: 1 like the idea where you're talking about you and some of the other developers coming in and talking to staff and I think council could learn some things as well from permeable surfaces because we've had many discussions about you know we're running out of land and what are we going to do is property owners want to improve their property you know or even new residents coming into town, how do we manage that so I like that idea. 23 Chanhassen City Council—•tember 12, 2011 • Josh Koller: And like Terry's been great. I mean he has a lot of, he's hesitant. I think his concern is you know without him being here is just that if you approve one thing then you know it's going to, you know everyone's going to want to do it and I can definitely understand that. Kate Aanenson: Well I think the issue there is we didn't have the science or the technology to back up that application so we stayed back to what the application was, was for a variance and whether or not there was reasonable you know, I'm not going to use any word. Whether or not there was a reasonable manner of the property and that was the interpretation the Planning Commission felt like there was a porch off the back. A patio off the back and a 3 car garage. Mayor Furlong: I guess what I'm hearing Mr. Koller mention and I think it calls up on my question, currently if they came forward with an application that said these are pervious material our current ordinance doesn't provide an exception for pervious materials. Kate Aanenson: That's correct. Mayor Furlong: With regard to the 25% hard surface coverage. Kate Aanenson: That's correct. Josh Koller: This is what we were told to do. We presented this and they said well, we don't know enough about it. I was told that this specific material, this new application which was just installed in a town right, you know in Eden Prairie actually, I was told we didn't know enough about it so we're going to consider it hard cover. We don't have a choice and then I was told to present it the way that we did and so that's kind of what happened there. We presented all the engineered documents that show that it penetrates through the grid material. We eliminated the base, which was going to be a Class V base underneath there and just had it sand and then to the soil so it's just a grid on sand. We eliminated that to show that you know the engineered drawing showed that it penetrates better than just what the existing soil would do but again that's, it was a different meeting you know and we don't have, I couldn't sit down and Terry said I'd love to just say yeah, if this is it we'll approve it but we just, I can't do that so this is the approach we took. Mayor Furlong: But I think there was also information in the staff report that if you have, you have different layers obviously. You have the surface and then you have the sand underneath and such, that were was concern expressed in the staff report that the underneath the surface was the compaction required. Kate Aanenson: That's correct. Josh Koller: Which is what we eliminated though. That's what we had said we were doing any of that. We were just going to do the sand. We were going to eliminate all the sub -base so that water could penetrate that. Councilwoman Ernst: And that was the Class V that you were referring to. Josh Koller: That's the same, we weren't doing any of the Class V or anything and that's the same issue with permeable pavers. I mean you have to have, when you're doing a basketball court application, you're talking the weight of people running around on it. You know movement of that isn't going to be such a big deal. Personally 1 don't know that if I would put just a grid on sand in my own property. 1 would be a little concerned that it's going to be dull you know but it does tend to, you know it does work on an application for like permeable pavers for a driveway for instance, you have a lot of surcharge with 24 Chanhassen City Council — September 12, 2011 cars and everything else so I mean you have to have a base under there and that's water penetrates the permeable part of the paver but it doesn't penetrate the basing as much. That's what we were eliminating on this and trying to get across that this will penetrate faster than sod will but. Todd Gerhardt: How much sand base were you thinking? Josh Koller: We were going to go with 8 inches of sand. All we were going to do is, same thing. We do a lot of French drain systems in people's yards. We do a lot of grading projects let's say in Minneapolis where it's a flat lot so the same application applies. You put in you know your perforated drain tile with a sock wrapped in either rock or sand so that water as it goes through that will slowly be able to penetrate into the existing soil, and then at the end of that you dig like a sump base filled with rock so that when you get that 100 year flood, you know water can fill that sump base up and you know then go over but then the water that fills that base can slowly, you know sit there a little bit and percolate down into the water table. Same thing with a Sport Court. I mean we're just going to dig a square hole, fill it up with sand. Put a grid on top of it. It will fill up with water as you know we get a heavy rain and slowly penetrate down but it's not going to increase the, I mean it's not going to increase the, you know the overall goal is to stop water from you know leaving the site. This isn't going to increase that. You know we're not, again we're not putting in concrete but you know it's just, it depends on what this argument is. If we're arguing whether or not this is permeable or if we're arguing that we're trying to exceed the 25%. Kate Aanenson: Mayor, if I may. I think herein lies the problem. We're trying to engineer something where we don't have the engineering and I think the Planning Commission felt reluctant because really you need the engineering to back it up and there wasn't enough and as the applicant has stated, that they didn't want to spend that much money just for the one case. Understood so it's kind of give a step back. Go back and study it over the winter, if that's what the direction is, but I think everybody felt uncomfortable saying well this is going to be the case and then what do you do when the next case comes in when we really don't have, maybe it's not 100% impervious or there's some percentage and what that range is and how that would apply in this specific case so we said we didn't have enough information. The technology, the engineering behind it to make that decision so we had to go by what our ordinance says. This is a non pervious so whether or not you feel like there was a practical or reasonable use of the property is what we went before us. Councilwoman Ernst: Just so 1 understand if Kate you're talking about doing more study on this over the winter? Kate Aanenson: No I'm not saying that. I'm saying I think it would have to be done outside of this meeting but you don't have enough information and that's what the Planning Commission said too. Engineering in front of us but they didn't want to spend that money for this specific application. The recommendation from the Water Resources Coordinator said that he didn't have enough information, enough engineering to make a favorable recommendation that this didn't court towards and was reluctant to do that in this specific case. Councilwoman Ernst: But we could in fact table this to see if there is enough information out there. Is that something that they're willing to wait on? Josh Koller: Yeah, I mean yes. I mean the homeowner definitely wants to do this basketball court in their back yard. 1 mean we presented plenty of information as far as this material will allow water to percolate into the water table. Again the concern was, once it gets to the existing soil is it, how's it going to go through that existing soil. That's the concern that they've had. 1 mean the, you should have in your packet all the engineering that we've sent in as far as this specific grid material allowing water to percolate through it. That you should have in your packet. It's, the problem is, in my opinion it's just a 25 Chanhassen City Council — September 12, 2011 tricky situation. I mean how you go about it, you're going to have individuals continuously come up and try and present we want to build this but we're at the hard cover and 25% is very tight compared to a lot of the other cities. Again that's just the way it is here, which is great. I understand it but to spend thousands and thousands and thousands of dollars for one individual to do that, it's going to be difficult. How do you go about that? I mean and again common sense on this project shows that we're, if anything if you really read the plan, we're stopping the water from just completely flowing off of it because of grade. You know we're fixing the grade which is going to help it out but it's, I don't know. I just don't know how to go about it. This is again how we were told to do it and how we were told to present our information. Mayor Furlong: Okay. Todd Gerhardt: So Mayor, council members. So when Terry explained the situation, the engineering report was one where we couldn't interpret the information. Was that? Kate Aanenson: No, there wasn't enough soils engineering in there. Josh Koller: It was the soils for the specific site. Kate Aanenson: It's the soils, there wasn't enough soil information for this site so. Todd Gerhardt: Okay. So it was the, and the homeowner wasn't willing to do additional soil borings and have an engineering report to give you. Josh Koller: For that site, yeah. Kate Aanenson: Correct. Josh Koller: Yeah I mean, yes. I mean we can, we'll entertain that a little bit more and again that's where Terry and I, and I've explained to my homeowner that Terry and I have talked about us sitting down and looking at permeable options because he said somehow we have to come up with something for pieces, you know because like you said, we're running out of lots. We're running out of size lots, I mean how do we do it but. Todd Gerhardt: So to the, for the mayor and council I think you're going to have to deny the application based on the application but direct staff to continue to work with the homeowner, the applicant to research this and look at potentially an ordinance modification as an alternative if the soil engineering report comes back that says that it can percolate down with a 100 year rain event. Josh Koller: Can I ask a question? Actually we, Southview Design, the company that I work for, we presented a hard cover issue with the City of Chanhassen on a couple projects a few years back now for retaining walls. I don't know if anyone was around for that but we applied, we showed that retaining walls, yes they aren't, you can't have water penetrate the top of them but sometimes they're needed to fix the grade you know so to allow water to sit on the lots, you know slow it down so water can percolate. That was eventually approved and overturned so now the City of Chanhassen doesn't count retaining walls. When I talked to the designer that did that, it was the same type of process that I'm going through now so I guess I'm asking how, you know what more needs to be done? I mean do 1 need to spend a lot of hours you know, I don't know. Kate Aanenson: Can ]just talk about retaining walls for a second. We felt it was punitive when we required a retaining wall to go in to make a lot as opposed to is a Sport Court necessary for a back yard. 26 Chanhassen City Council — September 12, 2011 Mayor Furlong: Well and it's my understanding that when, under our current ordinance when staff is calculating impervious surface coverages, that they do not count the area, the area of the retaining wall itself. Kate Aanenson: Right. Mayor Furlong: Is that correct? Kate Aanenson: And specifically because often retaining walls need to go in for those lots so it was punitive. Mayor Furlong: And the effect is one, which she's describing here, retaining wall effectively terraces the lot and therefore slows the runoff rate from what it was originally. Kate Aanenson: Right. Mayor Furlong: Which is another factor to consider that. Kate Aanenson: Right. Right, right. Josh Koller: And you could take that with every lot. I mean if you just have a standard 25% for every lot but you have a house that sits up high and the lot drops off really fast, the runoff is going to be 3 times as much as if you have a house on a flat lot so the 25% thing is difficult. Mayor Furlong: But what I think I'm hearing here is that, is that that's a question of whether the ordinance then is reasonable for the community at large. Kate Aanenson: Thank you, yes. Exactly. Mayor Furlong: As opposed to. Kate Aanenson: So you have to take that as an important factor too. Mayor Furlong: Right. And I know, I don't know if this council has this year but previous councils that I've been involved with has discussed this issue at length at various times with regard to how do we, you know whether or not our current ordinance is reasonable and whether or not any relief from the requirements because of permeable materials being incorporated, should be used or not and today with the discussions I've been in, we have not made that change now. You know the discussion can always continue but, and Ms. Aanenson is that? Kate Aanenson: Right, and that's what the Planning Commission said. Yep, exactly. That that discussion needs to be held at a policy level, and I think that's what Councilman McDonald said too. It can come back and then decide if that's the new policy. Mayor Furlong: Right. Okay. Councilwoman Ernst: Excuse me, 1 agree with that but I think we need to do it because we've said that several times and we don't have that discussion and we did have it as a part of our strategic plan. We did talk about it. We didn't spend a lot of time on it but because this keeps coming up I think we need to really put some focus on it. 27 Chanhassen City Council — September 12, 2011 • Mayor Furlong: Well I think we've had multiple discussions over the years at work sessions and. Councilwoman Ernst: Well in the 5 years I've been in we probably discussed it twice. We've had variances come in. Well during my time I can remember that we've done it twice so. Councilwoman Tjomhom: And I think it doesn't ever, I mean we do, we do make a list of our strategic initiatives for the year and whatever gets ranked the highest is what we focus on and so you know if we want to put it on again this year and if this council, the members would decide to rank them high enough so where it would be a priority, then I think that it's doable to look at. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Yes. Councilman Laufenburger: I think it's reasonable to expect that over time surfaces like Sport Court or Volleybase or whatever, technology will be such that people will figure out how to make those so that they are fully certifiable as pervious as grass. 1 fully expect that that will take place but at the present time the council is asked to make a decision, are we prepared to allow this homeowner to put 4.3% more hard surface coverage on their lot, which would be a variance from the ordinance. The discussion about whether it's pervious or permeable or not, that's kind of, that doesn't matter to us right now. Councilwoman Ernst: Well except it sometimes has to deal with the water runoff. I mean that's what permeable's all about. Is minimizing water runoff. Councilman Laufenburger: Well are you saying that we could solve this problem if Southview Design would be willing to re -grade the property and make it fully level? That would reduce the runoff. Mayor Furlong: I mean that would also be. Councilman Laufenburger: That would what? Josh Koller: You have to have some runoff. You don't want to. Councilman Laufenburger: Well it will come down the driveway. Todd Gerhardt: You know with the tight clay soils, you know it's a little different than a sand base in your percolation you know because Carver County clay is, it gets hard. You know it's tough to penetrate, especially if you get a little bit of min that soaks it up. What is interesting about this application is he's proposing to dig down 6 to 8 inches and put a sand bed down and then just place this Sport Court on top of it so that sand base would act like a septic drainage field and hold the water in hope that it would percolate down into that wet clay soil. I would be careful, the homeowner, you know how long will it take for that really to percolate down and that's the question for the engineer. Is how long will it take for that soil to percolate, and you don't know unless you do soil borings on that site and do a perc test like they do when they put septic systems in. Councilman Laufenburger: You're essentially building a clay pool, is that correct? Mayor Furlong: A holding pool. Councilman Laufenburger. A holding pool. 28 • • Chanhassen City Council — September 12, 2011 Josh Koller: Just like their., yeah. lust like their swale does now in their back yard. Yeah, I guess the thing that I would ask on this side, just as you know, would be that we would like to exceed the hard cover based on, because you're considering this hard cover, we'd like to do it because right now they've got a swale in their back yard. It's kind of a soggy area. They'd like to put something in where it's dry. Kids can play basketball and not put it on their driveway so the basketball goes into the street all the time. Mayor Furlong: Is that swale and designed as part of the stormwater management across the lots and over to the pond? Todd Gerhardt: Yeah, there's catch basins in the back. Mayor Furlong: So if that is, if that were leveled out and would that affect the overall storm, is that part of the easement? Josh Koller: It still does, yep. The basketball court would be level. It would have a slight pitch to it to allow water to drain off the back end, and then you'll see that that goes right to the easement, and then the easement is just getting feathered a little bit better than it is right now. So we're actually not, if anything we're fixing the swale a little bit better just so that the water still runs from one neighbor to the next. You can see that on the grading plan. Yep, and so we're not, we're not going into the easement at all. We're stopping at the edge of the Sport Court right at the easement there and then, in the red you'll see the proposed elevations where water still continues to go down into the pond. Mayor Furlong: Did you say the water would be running off the court and that's why you're going to slant it? Josh Koller: Well I've got to slant it so the base of it. You still don't want all the water to sit there and slowly, slowly drain because it is clay soils. I mean so you are going to have water slowly percolate but I do want it to pitch just a little bit at the base so that water can eventually go forward if you have that 100 year flood, that's correct. Mayor Furlong: Alright. Any other questions for the applicant? Thank you very much. Appreciate it. Josh Koller: Yep. Mayor Furlong: Any follow-up questions for staff? Otherwise discussion. No discussion. Councilman McDonald: Well no questions for staff. Mayor Furlong: Okay. Discussion, comments on the application or the appeal of the, is this right the appeal of the Planning Commission's. Kate Aanenson: That's correct. Mayor Furlong: Denial of the application. Councilman McDonald: I mean I guess from what all I've heard I'm in favor of looking at this because I've been in favor of looking at this for a number of years because even when I was on the Planning Commission this thing comes up but the problem has been that it's unique to each kind of individual house and stuff. If the homeowner's willing to you know take some time here and maybe allow us to go in and look at the size of this and figure something out, I'm all for that but to vote on it tonight based 29 Chanhassen City Council — September 12, 2011 0 upon you know what I've heard, I couldn't support it because I don't know the science. That's what I would depend upon, as you said. You need to do a percolation test. You need to look at is 6 inches going to be deep enough because you're building a retaining pond and what you're saying is that it's going, it's got a storage capacity of so much water. Is 6 inches enough water or is the soil going to say no, you need to go deeper? I don't have the answers to that and I really don't know enough to even suggest what it should be but that's what's always held us up before was because what good does it do the City to go out and look at this because we don't have an application to put it on and we can't just say across the board it's going to be this or this. I think the best we can is put together a procedure and a policy to come up with an answer and say yeah, we'll allow this much of a hard surface variance on this particular piece of property because these procedures were followed and we now know that we could do it. We don't have those answers and you know that's what's always been missing on this and I guess yeah, if the homeowner's willing to you know do some of this stuff and as you said the soil drillings and those things so we can begin to look at what the percolation is on this site, I'd be willing to reconsider it at some point but tonight all I can go on is we have 25% hard cover variance and to me this is hard cover and based upon that I couldn't support the variance so. I mean I'm willing to work with you but it's going to take some time and it's just I don't have enough tonight to grant you a variance. Mayor Furlong: Other thoughts, comments. Councilwoman Tjomhom: I agree with Jerry that we don't have, you know if we're looking strictly at what's in front of us, which is granting a variance for surface coverage that's exceeding what as our ordinance has adopted, I'd have to deny it. If this council decides that at some point we should re -visit our ordinance and re -write our policy about hard surface coverage, impermeable surfaces, you know then that's the time to have that discussion but for right now, with what's in front of me I would have to go upon the Planning Commission's recommendation in denying. Mayor Furlong: Thank you. Other comments. Councilwoman Ernst. Councilwoman Ernst: Just a question. So if we deny this tonight and we learn more about permeable surfaces in this particular area that we're talking about tonight, it can come back for a variance again, right? Kate Aanenson: Of course. Of course. Councilwoman Ernst: Just because it's denied tonight doesn't mean that it can't come back. Josh Koller: How do we do that? That would be my question. I mean where do I go and what do I do? Kate Aanenson: We can talk to him about that. Councilwoman Ernst: So with that in mind, I agree. I think we could use some more education on this. Learn more about what it can do and what it can't do so. And we'll depend on you to help us out with that. John Koller: Alright, sounds good. Mayor Furlong: Councilman Laufenburger, comments? Councilman Laufenburger: Councilmember Ernst just asked the question that was in my mind so that's clear. 30 Chanhassen City Council —September 12, 2011 Mayor Furlong: Okay. I also, based on everything I've heard here tonight could not see supporting the variance request based upon the information in the staff report and other things tonight so. While this is an issue, I think the dealing with the permeable materials is something that has come up. We've spent over the years at a number of meetings and discussions, work sessions looking at this and it's a, there are a lot of questions out there still and if there's some other alternatives. I know last time we looked at it we looked at other cities and it was across the board but there were a lot of cities that, like us that just have challenges getting by there because of all the other parts of it and it's a tough situation but appreciate the time and the effort here and I guess at this point I would ask for a motion from someone from the council relating to this request of this appeal. Councilwoman Tjornhom: Mr. Mayor, I'll make the motion Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: I make the motion the City Council denies Planning Case 11-07 for hard surface coverage variance to construct a Sport Court and adopts the Findings of Fact and Decision. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I'll second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Councilwoman Ernst: Just a quick comment. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: So you're going to be working with Kate? Kate Aanenson: Terry. Councilwoman Ernst: Terry. On how to bring that back. Josh Koller: Okay. Great. Kate Aanenson: Oh, in how to bring it back, sure. Yeah. And maybe if you come up with a different policy they don't need the variance. Mayor Furlong: Right. Kate Aanenson: So we'll just have to see how that shakes out. Todd Gerhardt: Mayor, council. What we would do is not look at the variance procedure but an ordinance modification if you can follow these specifics then you can be granted a Sport Court as long as it has the appropriate percolation for the amount of rain that be generated. Mayor Furlong: Any other discussion on the motion? Hearing none we'll proceed with the vote. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council denies Planning Case 11-07 for hard surface coverage variance to construct a Sport Court and adopts the 31 Chanhassen City Council —September 12, 2011 Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Josh Koller: Thanks for your time. Mayor Furlong: Yep, thank you. Move now to the next item on our agenda which is the Lake Drive Business Center, a request for a site plan review of 155 stall parking lot expansion at 950 Lake Drive. Staff report. LAKE DRIVE BUSINESS CENTER: REOUEST FOR SITE PLAN REVIEW FOR A 155-STALL PARKING LOT EXPANSION. 950 LAKE DRIVE. APPLICANT: CSM CORPORATION. Kate Aanenson: Thank you Mayor. As you stated this request is for a parking stall expansion for the Lake Drive Business Center. It's located just at the Highway 5 and the current zoning on that is industrial office park. To the east you've got Robert's Automotive. You've got the Lake Susan Business Park. To the west it's vacant industrial land. We did receive one comment from, off of the Powers Boulevard property just immediately to the west. They had some concerns about the visibility of grading. Although that property isn't developed, the grades on that are such that I'm not sure they would see a lot of it so, we did send them back our comment that it did meet ordinance. There's no variances requested with this. It does meet ordinance so the parking lot expansion's really to accommodate some additional parking on the southwest, 48 additional stalls. On the southeast, 41 additional spaces and then on the east 66. So this could be done in phases. The real goal here is to accommodate the ability for the property owner to sell this property and make sure that the user needs additional parking, the plan's been approved so they can say that there's already entitlement to the property and they could go ahead and proceed with the parking lot so it provides them the flexibility to a potential buyer. So the grading plan itself does have some retaining walls with it. On the southwest side it's about 2 1/2 feet. On the southeast side it's about, almost 7 feet. And the east side's the tallest. The 8 feet and there's a tall one on the north side which would be about 17 feet so there is one issue on the drainage and utility easement on this side. There's the drainage, excuse me the retaining wall goes into the drainage utility easement. That needs to be moved. That may reduce some of the parking stalls there but I think we can accommodate that. Or the applicant can so when they come in for a final plans then they would have to accommodate that. And then there's also an existing stairwell that they need to accommodate through that retaining wall. They've also submitted a landscape plan and there's a few deficiencies in that but again we believe that can all be accommodated. Again this plan may not go forward immediately. It just depends on the currently they want to maximize the lease space in there so it does provide them the flexibility. The Planning Commission at their meeting did recommend approval of this plan when they had their meeting on August 16"' they voted 6 for, none against recommending the parking lot expansion and with that the motion we have for you would then also to approve the site plan for the parking lot expansion. With the condition in the staff report and with that I'd answer any questions that you have. Mayor Furlong: Thank you. Any questions for staff? Any concerns from the property to the east? Kate Aanenson: Yeah we did talk, we did talk to them. Mayor Furlong: Okay. Kate Aanenson: They live out of state. We did let them know that all the requests did meet code. There is additional landscaping that would be put in there and I think that was some of the concern that they would look and see a lot of landscaping. I mean it was a lot of parking but actually the landscape would buffer that so I think we've accomplished that and we. 32 0 0 3 MEMORANDUM TO: Todd Gerhardt, City Manager CITY OF CIMNSENTerry FROM: Angie Kairies, Planner I Jeffery, Water Resources Coordinator 7700Market POBox 147evard DATE: September 12, 2011 k Chanhassen, MN 55317 SUBJ: Burrough's Hard Surface Coverage Variance Planning Case #11-07 Administration Phone: 952.227.1100 Fax: 952.227,1110 Building Inspections Phone: 952.227.11 BO 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 Coulter Boulevard Phone: 952.227.1400 Fax: 952,227.1404 Planning 8 Natural Resources Phone: 952.227.1130 Feu: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web She www d.chanhassen.mn.us PROPOSED MOTION: "The Chanhassen City Council denies Planning Case # 11-07 for a hard surface coverage variance to construct a sport court and adopts the Findings of Fact and Decision." Approval requires a majority of City Council present. EXECUTIVE SUMMARY The applicant is requesting a 4.3% variance (681 square feet) from the 25% maximum hard surface coverage limitation for the construction of a sport court on property zoned Single -Family Residential (RSF). Planning Commission Update A public hearing was held at the July 19, 2011, Planning Commission meeting for this item. The Planning Commission voted 6 to 0 to deny the variance request. The applicant is appealing the decision of the Planning Commission to the City Council. The City Council's decision requires a majority of members present. Staff recognizes that currently there are no approved pervious surfaces, but a properly engineered low impact development (LID) best management practice (BMP) could be considered as a mitigating factor as part of a variance request from hardcover limitations. Mitigating factors alone, shall not be reason to grant a variance, rather approval or denial of a variance shall be based on reasonable use and Practical Difficulties. SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Burrough's Variance September 12, 2011 Page 2 Staff met with the applicant on July 25, 2011 and discussed what supporting documentation he would need to provide, if he wanted to make the argument that the proposed improvement would mitigate for any increased impervious surfaces on the property. The information would include site specific hydrologic and hydraulic calculations. The applicant waived the 60 day review period in order to ensure adequate time to prepare and submit such supporting documentation. To date, supporting documentation has not been provided. Without site specific information, approval of this variance may be seen as an interpretation that this material is an acceptable pervious alternative. This interpretation will likely have future implications. The Planning Commission did not find any objection to staffs recommendation for the variance request. The Planning Commission minutes for this variance request are included in item 1 a of the City Council Packet. RECOMMENDATION Staff and the Planning Commission recommend the following motion: "The Chanhassen City Council denies Planning Case #11-07 for a hard surface coverage variance to construct a sport court and adopts the Findings of Fact and Decision." ATTACHMENTS 1. 60-day Development Review Deadline extension letter dated July 25, 2011. 2. Planning Commission Staff Report Dated July 19, 2011. GAPLAN\2011 Planning Cases\l1-07 Burroughs Variance-10036 Trails End Road\9-12-11 Executive Summary.doe Kairies, Angie From: Josh Koller Okoller@southviewdesign.com] Sent: Monday, July 25, 2011 11:33 AM To: Kairies, Angie; Jeffery, Terry Cc: Burroughs, Philip; kevin zwart; Craig Jones Hello Angie this is Josh Koller with Southview Design and after meeting with you and Terry the following is what we would like to do. 1) We would like to appeal the decision of the planning commission that we meet with on July 191h. We are waiving the 60 day review as well as the 120 day review so that we can bring the engineering material needed to Terry so that we can set our appeal up for the meeting on September 12" . If you could let me know what time that will be and where that would be great. I will also need to know when you need the engineering material since we are setting up to meet in the 12th. 2) Terry like we talked about in the meeting today I would also like to be involved in looking for and coming up with permeable applications throughout this winter so that we can find solutions for the upcoming spring if that is a possibility. 3) Also Terry, I did take notes from the meeting today however if you could give me anymore guidance if there is anything also you need that is not on the sheet you gave me that would be great. Thanks, Josh Koller Josh Koller I Southview Design I Landscape Designer Office 651.203.3028 1 Mobile 651.248.39611 Fax 651.455.1734 Website I B1og I Facebook SCANNED PROPOSED MOTION: "The Chanhassen Planning Commissien, as the Beard of Appeals and A(ijustments City Council, denies Planning Case #2011-07 for a hard surface coverage variance to construct a sport court and adopts the Findings of Fact and Decision." SUMMARY OF REQUEST: The applicant is requesting a 4.3% variance (681 square feet) from the 25% maximum hard surface coverage limitation for the construction of a sport court on property zoned Single -Family Residential (RSF). LOCATION: 10036 Trails End Road Lot 15, Block 4, Settlers West APPLICANT: Josh Koller Philip and Stacey Burroughs Southview Design 10036 Trails End Road 1875 East 50`h Street Chanhassen, MN 55317 Inver Grove Heights, MN 55077 PRESENT ZONING: Single -Family Residential (RSF) 2030 LAND USE PLAN: Residential -Low Density (1.2/4 units per acre) ACREAGE: 0.36 (15,847 square feet) DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. PROPOSAL SUMMARY The applicant is requesting a variance to allow a 29.3% hard surface coverage, or 4,646 square feet, for the construction of a 681 square -foot sport court in the rear yard of property zoned Single - Family Residential (RSF). The RSF zoning district permits a maximum of 25% hard surface coverage. The subject site is permitted 3,964 square feet site coverage. The as -built survey for the subject site reflects 24.7% hard surface coverage and includes the single- family home, attached three -stall garage, driveway, patio, stoop and front sidewalk. L Burroughs Variance Request Planning Case 11-07 dy '� 2011 September 12, 2011 Page 2 of 7 The southern portion of the Settlers West Addition is bordered by a bluff. In addition to the bluff, the Hennepin County Regional Trail Corridor is located northwest of the site. To the east of the site are single-family homes and the border between the City of Chanhassen and the City of Eden Prairie. Water and sewer services are available to the site. Access to the site is gained off of Trails End Road, which connects to Pioneer Trail in Eden Prairie. The site is currently being used in a reasonable manner and contains a single-family home and three -car garage. The request to exceed the 25% hard surface coverage limitation for the construction of a sport court does not constitute a practical difficulty. There are other alternatives, such as installing a basketball hoop in the front yard abutting the driveway. Causing additional impact to the bluff by way of increased runoff is not in harmony with the intent and sensitivity of the development. Staff is recommending denial of the applicant's request based on the fact that the applicant has reasonable use of the property and has not demonstrated that a practical difficulty exists. Burroughs Variance Request Planning Case 11-07 T"'-� a.� 19te1 September 12, 2011 Page 3 of 7 APPLICABLE REGULATIONS Chapter 20, Division 3. Variances Section 20-615 (4), RSF District Requirements, Hard Surface Coverage Sec 20-905 (6) Single-family dwellings BACKGROUND The property is located on Lot 15, Block 4, Settlers West, which is zoned Single -Family Residential (RSF). The subject property is 15,847 square feet in area. It has a lot frontage of 80 feet (90 feet at the building setback line) and approximately 150 feet in depth. The minimum lot dimensions in the RSF district are 15,000 square -foot lot, 90-foot lot frontage and 125-foot lot depth. This lot exceeds the minimum requirements for the RSF district. The building permit for the proposed home, garage, driveway, front sidewalk, and a 180 square - foot patio on the property was approved on June 6, 2006. The building permit reflected a hard surface coverage of 24.7% or 3,922 square feet. The maximum impervious surface in the RSF district is 25% or 3,964 square feet. In an attempt to minimize hard cover issues and ensure residential properties have a minimum 100 square -foot future patio expansion area, on July 6, 2006, the City amended Sec. 20-905: Single-family dwellings (6) "Where access doors are proposed from a dwelling to the outdoors, which does not connect directly to a sidewalk or stoop, a minimum ten -feet by ten -feet hard surface area shall be assumed. Such surface area must be shown to comply with property lines, lake and wetland setbacks; may not encroach into conservation or drainage and utility easements; and shall not bring the site's hard surface coverage above that permitted by ordinance." While the building permit for the subject site was approved prior to the above ordinance amendment, the building permit included a 180 square -foot patio in the hard surface coverage calculations. ANALYSIS The applicant is requesting a 4.3% hard surface coverage variance from the 25% maximum hard surface coverage. The lot area is 15,847 square feet. The original building permit occupied 3,922 square feet of hard cover, this included outdoor improvements. Burroughs Variance Request Planning Case 11-07 �' '�__ °� 011 September 12, 2011 Page 4 of 7 Burroughs Variance Request Planning Case 11-07 ' 'vy'�m� 9, 2011 September 12, 2011 Page 5 of 7 Prior to the public hearing, the applicant applied for a Residential Zoning Permit to remove the existing patio and install a 168 square -foot patio and 54 square feet of stone steppers. These improvements bring the site to 25% hard surface coverage, maximizing the site coverage. In addition to the previous improvements, the applicant is requesting a variance to construct a 681 square -foot sport court, which brings the site to 29.3% hard surface coverage. The applicant contends that the proposed sport court would be pervious and would allow for more infiltration than would occur if the area was left as traditional lawn. To support this position, the applicant has provided a study prepared, at the request of Sport Court, Inc., by the Utah Water Research Laboratory at Utah State University. In summary the study finds that the Hydraulic Conductivity, or the rate at which water passes through the SportTile is greater than gravel, sand and other soil types. This indicates that the sport tile would not be the limiting factor for the infiltration rates in the area but rather that the underlying materials would limit infiltration. The authors draw the same conclusion on page 7 of the report. The soils in this area are Kilkenny -Lester Loams. These soils are in the Hydrologic Group C which has a high potential for runoff and can have an infiltration rate as low as 0.05 inches per hour. The seasonally high water table is within three (3) feet of the surface and the soil has approximately 40% clay by volume. These soils compact readily to the point where they are virtually impervious. The Installation Instructions SportBaseTM prepared by Sport Court, and provided by the applicant, instructs on page 2 of 6 that after excavation, the subgrade shall be compacted. It then goes on to state in the next section that the base material should be compacted as well. This will effectively render the sport court area impervious; negating any benefit derived from the hydraulic conductivity of the SportBaseTM. When storm sewer systems are designed, it is inherent that certain assumptions are made in order to model anticipated runoff volumes and rates. One assumption is that no lot will have greater than 25% hardcover. If several individual lots exceed this 25%, then the storm sewer infrastructure becomes inadequate for the new conditions and localized flooding, infrastructure damage, erosion, stream degradation and other deleterious effects may result. Currently, Chanhassen City Code does not recognize any alternative Surface Building Permit Square Footage Proposed Square Footage Lot area 15,847 15,847 House/Garage/ Stoop 2,825 2,825 Driveway 765 765 Sidewalk 152 152 Patio 180 168 Steppers - 54 Total 3,922 3,964 HSC % 24.7% 25.0% Sport Court 681 Total HSC 4,645 HSC % 29.3% Burroughs Variance Request Planning Case 11-07 tly 'ten=� °��r September 12, 2011 Page 6 of 7 hard surface materials. If the City were to allow alternate pervious surfaces, a number of issues including site design, engineering of soils and materials, construction observation, long-term maintenance and long-term preservation would have to be addressed. Even with the resolution of these issues, it is important to note why the Minnesota Pollution Control Agency and numerous other agencies are considering alternative hard surface materials with a high hydraulic conductivity. The agency shall develop performance standards, design standards, or other tools to enable and promote the implementation of low -impact development and other storm water management techniques. For the purposes ofthis section, "low - impact development" means an approach to storm water management that mimic's a site's natural hydrology as the landscape is developed. Using low - impact development approach, storm water is managed on -site and the rate and volume ofpredevelopment storm water reaching receiving waters is unchanged. The calculation ofpredevelopment hydrology is based on native soil and vegetation. - Minnesota Statutes 2009, section 115.03, subdivision 5c The intent is to reduce runoff by mimicking the hydrology and hydraulics of the natural environment, not to allow for the maximization of allowed hardcover on a lot of record and then further increase hardscaping. Not only are there implications to surface water management, but there are also aesthetic implications that accompany the loss of green space. Settlers West Subdivision Significant efforts were made during the development of Settler's West to protect the bluff areas by controlling the rate and volume of runoff and maintaining existing drainage conditions. Sensitive areas were put into protective outlots and discharge points from the storm sewer conveyance system were designed and constructed with extraordinary stabilization and energy dissipation methods. As this area ultimately drains to the bluffs along the Hennepin County Regional Rails to Trails System, any potential increase in runoff rate or volume could potentially result in erosion along the bluff. While it is evident that the actual SportBaseTM tiles are pervious, the construction method and the existing site conditions would not result in a truly pervious system but rather in a highly compacted clay subgrade with less hydraulic conductivity than currently exists. Even in the event that proper engineering and construction could provide for adequate infiltration, the Chanhassen City Code does not make allowances for alternate pervious hard cover. If in the future the City considers allowing certain pervious surfaces, it will be important to consider the reason behind limiting hard cover and the implications and limitations of any such system. Until such a time as these issues are resolved and City Code allows for some use of alternate pervious systems in certain redevelopment or hardship circumstances, staff cannot recommend approval of the request to exceed the 25% maximum hard surface coverage limitation. Burroughs Variance Request Planning Case 11-07 r"t"'m� 19, 201= September 12, 2011 Page 7 of 7 Currently, the property owners have reasonable use of a property within the RSF district as a single-family home with a three -car garage, as well as an outdoor patio/seating area already constructed on the property. While the purpose of the proposed sport court is for residential use, it is not a practical difficulty to exceed the 25% maximum hard surface coverage limitation. RECOMMENDATION Staff reeetamends that and the Planning Commission recommend the City Council adopt the following motion and the adoption -of the attached Findings of Fact and Decision: "The Chanhassen Planning Commission as the BeaFd efAppeals and AdjusUneiAs City Council denies Planning Case #2011-07 for a 4.3% variance from the 25% maximum hard surface coverage limitation for the construction of a sport court on property zoned Single -Family Residential (RSF), based on adoption of the attached Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Reduced copy of lot survey. 4. Utah Water Research Laboratory at Utah State University Study. 5. Public Hearing Notice and Affidavit of Mailing. GAPLAWOI I Planning Cascs\I I-07 Burroughs Varimm-10036 Trails End Road\CC StaffRwrt.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Josh Koller of Southview Design on behalf of Philip and Stacey Burroughs for a 4.3% variance (681 square feet) from the 25% maximum hard surface coverage limitation for the construction of a sport court on property zoned Single -Family Residential (RSF) — Planning Case #2011-07. On July 19, 2011, 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 (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is Lot 15, Block 4, Settlers West. 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 request to exceed the hard surface coverage in the RSF district on a lot that exceeds the minimum lot requirements for the construction of a sport court is not in harmony with the general purposes and intent of this Chapter. Significant efforts were made during the development of Settlers West to protect the bluff areas by controlling the rate and volume of runoff and maintaining existing drainage conditions. Sensitive areas were put into protective outlots and discharge points from the storm sewer conveyance system were designed and constructed with extraordinary stabilization and energy dissipation methods. As this area ultimately drains to the bluffs along the Hennepin County Regional Rails to Trails System, any potential increase in runoff rate or volume could potentially result in erosion along the bluff. 0 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: Currently, the property owners have reasonable use of a property within the RSF district as a single-family home with a three -car garage, as well as an outdoor patio/seating area already constructed on the property. While the purpose of the proposed sport court is for residential use, it is not a practical difficulty to exceed the 25% maximum hard surface coverage limitation. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations. The applicant is requesting a variance to exceed the 25% hard surface coverage limitation in the RSF district for the construction of an outdoor sport court for personal use. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The request is not based on a unique circumstance; the subject site exceeds the minimum lot requirements within the RSF district. The building permit for the proposed home, garage, driveway, front sidewalk, and a 180 square -foot patio on the property was approved on June 6, 2006. The building permit reflected a hard surface coverage of 24.7% or 3,922 square feet. The maximum impervious surface in the RSF district is 25% or 3,964 square feet. The applicant has reasonable use of the property. e. The variance, if granted, will not alter the essential character of the locality. Finding: While the addition of a sport court will not alter the essential character of the locality; exceeding the hard surface coverage and any increase in runoff rate or volume could potentially result in erosion along the bluff. 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 #2011-07, dated July 19, 2011, prepared by Angie Kairies, et al, is incorporated herein. DECISION The Board of Appeals and Adjustments denies Planning Case 2011-07 for a 4.3% variance from the 25% maximum hard surface coverage limitation for the construction of a sport court on property zoned Single -Family Residential (RSF). ADOPTED by the Chanhassen Board of Appeals and Adjustments this 19th day of July, 2011. CITY OF CHANHASSEN IIM gAplan\forms\findings of fact and decision - vwimm.doc Chairman CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Name and �rti ee✓ Phone:6SI-141f- 3Y(p1 Fax:651-455- 1739 Email: lkuller IL)'thV e,)cles1 c-M Planning Case NOxf4ht1- 6—] Tv OF RECEIVED SSEN JUN 1 7 2011 CHANHASSEN PLANNING 06PT Property Owner Name and Address: Stacey � �h{� l j�vr!'ouul,s CL,unt,��52� Contact: P ti' l Phone: 45Z-tfz4-2;154 Fax: Email: n,,cd,vlson—Sracex cn LvtMu,l, co.� 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) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign $200 (City to install and remove) X Ergww for Filing Fees/At rney Cost** 5 UP/SPR/VAC A AP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ T pd �k ;)_7 S 5 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. *Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy 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 06/17/11 FRI 09:44 FAX 11 MCI u ®001 PROJECT N LOCATION: LEGAL DESCRIPTION AND PID: 104: (S tloat Se+lArrS WCS-F ),s7s6c-;-is0 / TOTAL ACREAGE: a 3 6 WETLANDS PRESENTp DD YES po �_ NO PRESENT ZONING —�55 . _t-.Ce�✓IG2i I I Cl1 REQUESTED ZONING: r` PRESENT LAND USE DESIGNATION: PSi Jp✓n 4- 1 REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 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 irdornabon 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. 1 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. Date /17/ 1 Date g'\plaMfvmn dmelopmcnt revs wappkatton.dm SCANNED #5 I am requesting a variance for a sport court that appears to exceed the hardcover limitations. #6 A) This is a recreational family sport court designer for residential use. B) Our goal is to install a sport court. The sport court system we have chosen is a completely permeable system designed to allow all water to pass through. We will install the system on a sand base that is also completely permeable, allowing all water to be able to infiltrate into the ground. Therefore this system should not be considered hardcover, so the landscape being installed will not exceed the hardcover requirements. C) This sport court is used for the homeowners use with there family not to charge a fee or to make money in any way. D) We are asking to do a sport court in the back because the front drive is steep and the street is busy with cars. The homeowners with like the use of there backyard. E) This is sport court is designed for residential applications. This will not in any way affect the character of the locality. SCANNED Stacey Burtoughs .. """^"�'DESIGNISALES REPJYA KOLLER rt¢vwvrvo = 10036 Tmil5 Road DESIGN ASST:56W NIU MA5 Chanhassen, MN 55317 Sport Court Infiltration Findings Prepared for Sport Court, Inc. June 1, 2010 UTAH WATER RESEARCH LABORATORY Utah State University Hydraulic Report No. 2210 Logan, Utah E Sport Court Infiltration Initial findings Prepared for Sport Court Inc. Gary Day Dave Campbell Prepared by Blake P. Tullis, Ph.D. Zac Sharp Utah State University Utah Water Research Laboratory Logan, Utah 84322-8200 June 1, 2010 Utah State University Hydraulic Report No. 2210 Logan, Utah Sport Court Infiltration Findings Prepared for Sport Court, Inc. June 1, 2010 UTAH WATER RESEARCH LABORATORY Utah State University Hydraulic Report No. 2210 Logan, Utah C-I Introduction A water infiltration test of SportBase tiles was performed to determine the rate at which water passes through the drain holes and tile joints. The infiltration test bench was constructed, which featured a sealed and painted 6-ft x 6-ft x 2-11 deep wooden box with 16 SportBase tiles as the floor. The floor had 9 whole tiles in the center, 6 tiles were cut in half for the edges, and the remaining tile was cut in fourths to place in the corners. Each tile was supported by two 2-inch by 4-inch wooden studs and the box was leveled to create a uniform pool depth over the entire floor. Water was introduced at different rates as a point source in the center of the floor. The water was introduced into a diffusing structure that would produce even water distribution in all directions. The test set up can be seen in Figure 1. Figure 1. The model setup. The objective of the test was to determine a representative infiltration rate for the tiles, which was done by calculating a representative hydraulic conductivity (k) value for each flow condition. Hydraulic conductivity is calculated per Equation (1). Permeability is related to hydraulic conductivity per Equation (2). K=-L (l) L k = KP (2) P8 In Equations (1) and (2), Q is the volumetric flow rate (cfs) per tile, L is the length of the porous media (tile height), A is the flow area (total area of the test box floor divided by the number of tiles), hL is the energy gradient (depth of water in the box),µ is the water dynamic viscosity (lb-s/ftz), p is the water density (slugs/ft3), and g is the gravitational constant (ft/sZ). The test results report Q in terms of gallons per minute (gpm); a conversion factor is applied for calculating k. 11 Test Results Different flow rates were supplied to determine the infiltration rate of the tiles. As shown in Figure 1, the discharge into the box was concentrated at the center of the box; a baffle structure was used to uniformly distribute the flow radially. Drain Holes Open At 12.5 gpm/tile and the drain holes open, the tiles passed water efficiently enough that tiles in the comer of the box remained dry. At flow rates of 62.5 gpm/tile and less, the flow exiting the baffle in the center of the box was supercritical (shallow flow depth, high velocity), with a hydraulic jump transitioning the flow to subcritical (deeper flow depth, slower velocity) some distance from the center, resulting in a non -uniform reservoir conditions. At 75 gpm/tile, a uniform flow depth was present in the box (no supercritical flow was present) with a flow depth of 4 inches. Figures 2 through 6 show images of different flow rates being introduced into the box. The test results for the open drain hole tests are shown in Table 1. As previously discussed, a uniform flow depth did not exist in the box for the majority of the test conditions due in part to the high drainage capacity of the tiles and the point -source method of supplying water to the test facility. The flow depth around the perimeter of the box (subcrtical flow) was used as the representative flow depth (hL). Consequently, the reported k values should be considered conservative (actual k values would be higher if a uniform flow depth existed for all flow rates). k decreased as hL increased; the average value of k was 0.076 ft/sec. Drain Holes Closed The same tests were repeated with the tile drain holes plugged (corks were used to plug the drain holes). The test results are also reported in Table 1. The drain holes appear to provide little contribution to drainage, relative to the test conducted (k values essentially unchanged from the drain hole open testing). If the supercritical flow condition did not exist and a uniform flow depth were present in the box for all flow conditions, the holes would likely have made a more significant contribution to the total drainage capacity of the tiles. The average k value for the closed drain hole condition was 0.070. L Test Results Different flow rates were supplied to determine the infiltration rate of the tiles. As shown in Figure 1, the discharge into the box was concentrated at the center of the box; a baffle structure was used to uniformly distribute the flow radially. Drain Holes Open At 12.5 gpm/tile and the drain holes open, the tiles passed water efficiently enough that tiles in the comer of the box remained dry. At flow rates of 62.5 gpm/tile and less, the flow exiting the baffle in the center of the box was supercritical (shallow flow depth, high velocity), with a hydraulic jump transitioning the flow to subcritical (deeper flow depth, slower velocity) some distance from the center, resulting in a non -uniform reservoir conditions. At 75 gpm/tile, a uniform flow depth was present in the box (no supercritical flow was present) with a flow depth of 4 inches. Figures 2 through 6 show images of different flow rates being introduced into the box. The test results for the open drain hole tests are shown in Table 1. As previously discussed, a uniform flow depth did not exist in the box for the majority of the test conditions due in part to the high drainage capacity of the tiles and the point -source method of supplying water to the test facility. The flow depth around the perimeter of the box (subcrtical flow) was used as the representative flow depth (hL). Consequently, the reported k values should be considered conservative (actual k values would be higher if a uniform flow depth existed for all flow rates). k decreased as hL increased; the average value of k was 0.076 ft/sec. Drain Holes Closed The same tests were repeated with the tile drain holes plugged (corks were used to plug the drain holes). The test results are also reported in Table 1. The drain holes appear to provide little contribution to drainage, relative to the test conducted (k values essentially unchanged from the drain hole open testing). If the supercritical flow condition did not exist and a uniform flow depth were present in the box for all flow conditions, the holes would likely have made a more significant contribution to the total drainage capacity of the tiles. The average k value for the closed drain hole condition was 0.070. Table 1. Summary of infiltration test data Tile height (ft) 0.167 7771 Tiles 18 Total Areas 36 Flow Rate Drain Holes O n Drain Holes Closed Area/rile s 2.25 O Oftile V/tile Pond Depth K k Pond Depth K k m m/tile f s inches ft/s (m ) inches ft/s W) Water Temp de F 45 200 12.5 0.012 0.025 viscosity, N (lb -a ) 0.00002982 6.2 0.5 0.124 0.099 5.921E-08 0.2 0.63 _ 0.124 0.079 5.921E-08 3.759E-OB fT/s) 32.2 400 25.0 4.738E-08 dens (slu 1.94 600 37.5 0.037 1.125 0.066 3.158E-081 1.125 0.066 3.158E-08 800 60.0 0.050 1.5 0,066 3.158E-08 1000 62.5 0.062 2.25 0.065 2.631E-08 2.5 0.050 2.368E-08 1200 75.0 0.074 4 0.037 1.776E-08 4.5 0.033 1.578E-08 1400 87.5 0.087 - 7.25 0.024 1.143E-08 Average . 7 0. 3.012E-08 Utah State University Hydraulic Report No. 2210 Logan,Utah • • n u r� u s" Figure 2. Drain holes o en, 2.5 m/tile Figure 3. Drain holes open, 25 m/tile 4 L Figure 4. Drain holes open, 37.5 Rpm/tile Figure 5. Drain holes open, 62.5 m/tile Y �9 Figure 6. Drain holes open 75 m/tile Conclusions Typical K values for gravel, sand, silt, and clay are shown in Table 2. A comparison of the data presented in Tables 1 and 2 indicates that the SportBase tiles have a hydraulic conductivity that falls within the gravel category (>0.003 fps), exceeding the conductivity Utah State University Hydraulic Report No. 2210 Logan, Utah Figure 2. Drain holes o n, 2.5 m/tile Figure 3. Drain holes open, 25 m/tile e Y Figure 4. Drain holes open, 37.5 m/tile Figure 5. Drain holes open, 62.5 m/tile Figure 6. Drain holes o n, 75 m/dle Conclusions Typical K values for gravel, sand, silt, and clay are shown in Table 2. A comparison of the data presented in Tables I and 2 indicates that the SportBase tiles have a hydraulic conductivity that falls within the gravel category (>0.003 fps), exceeding the conductivity Utah State University Hydraulic Report No. 2210 Logan,Utah E of sand, silt, and clay. The substrate materials above which the tiles would be installed will likely control the infiltration capacity of the SportBase tiles. One factor that may influence the composite conductivity of a tile/substrate assembly is that fact that the water draining though the tiles is confined to the area between the tiles (and the drain holes if included), meaning that the water will not be uniformly supplied at the tile/substrate interface and the composite conductivity will likely be reduced. Table 2. Material Typical Hy draulic Conductive values s (mm/sec Gravelt >0.03 >10 Sandt 0.03 - 3E-7 10 —1 E-4 Satt 3E-7 - 3E-9 lE4 — lE-6 Clayt <3E-9 < lE-6 Pervious Concrete 3E-5 — 3E-6 0.01— 0.02 S rtBase Tiles with holes 0.076 23 SportBase Tiles without holes 0.07 21 tbased on Dunn et al. (1980). t based on Sumanasooriya et al. (2009) (water temperature of 20°C assumed). Sumanasooriya et al. (2009) conducted tests to determine the permeability of pervious concrete. They reported pervious concrete permeability values of— lE-9 to 2E-9 m2, which produce K values of 0.01 to 0.02 mm/s for water at 20°C, as shown in Table 2. For the conditions under which it was tested (no substrate material), the permeability of the SportBase tiles, shown in Table 1, is an order of magnitude higher (— 3E-8 m2) than the pervious concrete values. Figure 7 summarizes the hydraulic conductivity values of the SportBase tile (with and without drain holes), the substrate materials listed in Table 2, and the pervious concrete. Consistent with the conductivity discussion, the composite permeability of the SportBase tiles and an underlying substrate material will likely decrease, relative to the value reported in Table 1 due to the fact that the water draining through the SportBase tiles is limited to a small cross -sectional area (gaps between the tiles) at the point where it transitions to the substrate. 7 3500 3000 2500 a U 2000 U 1500 W j 1000 S 500 Drainage Rates (Hydraulic Conductivity) of Base Materials 3283 SportBase sporsise Gravel Sand Sift clay Pervious (with holes) (no holes) Concrete Figure 7. Hydraulic conductivity chart for SportTile, common substrate materials, and pervious concrete* (*based on Sumanasooriya et al., 2009) References Dunn, Anderson, and Kiefer (1980). Fundamentals of Geotechnical Analysis, John Wiley & Sons, New York, pp.60. Sumanasooriya, M.S.; Bentz, D.P., and Neithalath, N. (2009). "Predicting the Permeability of Pervious Concrete from Planar Images." www.nist.gov/manuseript- publicaiton-search.cfm?pub_id=902014&division=861. 8 Drainage Rates (Hydraulic Conductivity) of Base Materials a000- c 3500 3-- - -- c — 3024 2500 - U2000- >1300 U 1500 -- — N a 1000- 500 0.13-130 Mon. -o13 <0.001 66-173 Sportl3ase Sportaase Gravel Sand Silt day Pervious (with holes) (no holes) Concrete Figure 7. Hydraulic conductivity chart for SportTile, common substrate materials, and pervious concrete* (*based on Sumanasooriya et al., 2009) References Dunn, Anderson, and Kiefer (1980). Fundamentals of Geotechnical Analysis, John Wiley & Sons, New York, pp.60. Sumanasooriya, M.S.; Bentz, D.P., and Neithalath, N. (2009). "Predicting the Permeability of Pervious Concrete from Planar Images." www.nist.gov/manuscript- publicaiton-search.cfm?pub_id--902014&division--861. 8 S P O R T C O U R T Installation Instructions SportBaseTM* Sport Court Playing Surface SportBase Panels Geotextile Fabric Compacted Sub -Base _ o0 0000 � o00 Flat Prepared Subsurface - a o 0 0 0 0 0 oa 0 B O CO VRT � 0 SportBase Panel Corner Lock Edge Lock Patent Pending SI-0018-A Page 1 of 6 05/03/2011 Site Prep SportBase may be installed above or below grade depending on the scope of the project and intended application. Below Grade 1. Excavation Remove existing pavement, turf, or existing soil to the proper depth. The proper depth will be the finished surface, less the modular flooring thickness, SportBase thickness, and compacted base material. The amount of base material is often determined by a local soil engineer and will depend on the ground's water retention, saturation, and expansion properties. Typical base thickness will range from 4 inches to 8 inches. 2. Compact Subgrade After excavation is down to the proper level, compact the subgrade. Depending on the type of soil, compaction may be done with a roller, rammer, or a vibraplate compactor. 3. Install Forms Select forms tall enough to accommodate the depth of the compacted base. Secure the forms around the perimeter of the court area using stakes to hold the forms upright. Make sure frames are square at each corner. 4. Install Base Material Select a base material that is granular and compacts easily. Suggested bases include sand, 5/8" minus gravel, crusher fines, etc. Spread and compact the base in 4-inch lifts using a compactor. Screed the compacted base to level off the surface. For best results, use a powered roller -screed. Compact the surface a final time making sure the base material is level by filling in low spots and removing high spots. 5. Install Geotextile Fabric Roll out geotextile fabric across entire subsurface, overlapping each roll to ensure no gaps exist. Make sure geotextile fabric is smooth and contains no wrinkles. If fabric stakes are used, be sure to press them flush with the compacted base surface. Above Grade 1. Excavation Remove existing pavement, turf, or existing soil. The amount of base material is often determined by a local soil engineer and will depend on the ground's water retention, saturation, and expansion properties. Typical base thickness will range from 4 inches to 8 inches. 2. Install Forms Select forms tall enough to accommodate the depth of the compacted base. Secure the forms above the ground around the perimeter of the court area using stakes to stabilize the forms. The forms must be sturdy enough to contain several inches of fill material and avoid blowout during compaction. Make sure forms are square at each corner. 3. Install Base Material Select a base material that is granular and compacts easily. Suggested bases include sand, 5/8" minus gravel, crusher fines, etc. Spread and compact the base in 4-inch lifts using a compactor. Screed the compacted base to level off the surface. For best results, use a roller -screed. Compact the surface a final time making sure the base material is level by filling in low spots and removing high spots. 4. Install Geotextile Fabric Roll out geotextile fabric across entire subsurface, overlapping each roll to ensure no gaps exist. Make sure geotextile fabric is smooth and contains no wrinkles. SI-0018-A Page 2 of 6 05/03/2011 Site Prep SportBase may be installed above or below grade depending on the scope of the project and intended application. Below Grade 1. Excavation Remove existing pavement, turf, or existing soil to the proper depth. The proper depth will be the finished surface, less the modular flooring thickness, SportBase thickness, and compacted base material. The amount of base material is often determined by a local soil engineer and will depend on the ground's water retention, saturation, and expansion properties. Typical base thickness will range from 4 inches to 8 inches. 2. Compact Subgrade After excavation is down to the proper level, compact the subgrade. Depending on the type of soil, compaction may be done with a roller, rammer, or a vibraplate compactor. 3. Install Forms Select forms tall enough to accommodate the depth of the compacted base. Secure the forms around the perimeter of the court area using stakes to hold the forms upright. Make sure frames are square at each corner. 4. Install Base Material Select a base material that is granular and compacts easily. Suggested bases include sand, 5/8" minus gravel, crusher fines, etc. Spread and compact the base in 4-inch lifts using a compactor. Screed the compacted base to level off the surface. For best results, use a powered roller -screed. Compact the surface a final time making sure the base material is level by filling in low spots and removing high Spots. 5. Install Geotextile Fabric Roll out geotextile fabric across entire subsurface, overlapping each roll to ensure no gaps exist. Make sure geotextile fabric is smooth and contains no wrinkles. If fabric stakes are used, be sure to press them flush with the compacted base surface. Above Grade 1. Excavation Remove existing pavement, turf, or existing soil. The amount of base material is often determined by a local soil engineer and will depend on the ground's water retention, saturation, and expansion properties. Typical base thickness will range from 4 inches to 8 inches. 2. Install Forms Select forms tall enough to accommodate the depth of the compacted base. Secure the forms above the ground around the perimeter of the court area using stakes to stabilize the forms. The forms must be sturdy enough to contain several inches of fill material and avoid blowout during compaction. Make sure forms are square at each corner. 3. Install Base Material Select a base material that is granular and compacts easily. Suggested bases include sand, 5/8" minus gravel, crusher fines, etc. Spread and compact the base in 4-inch lifts using a compactor. Screed the compacted base to level off the surface. For best results, use a roller -screed. Compact the surface a final time making sure the base material is level by filling in low spots and removing high spots. 4. Install Geotextile Fabric Roll out geotextile fabric across entire subsurface, overlapping each roll to ensure no gaps exist. Make sure geotextile fabric is smooth and contains no wrinkles. SI-0018-A Page 2 of 6 05/03/2011 0 Installing SportBase 1. Begin installing SportBase panels at any corner of the court. Align the SportBase corner with the corner of the subsurface. 2. Install one row of SportBase panels along the width of the court, aligning the edge of the panels with the subsurface edge. Install panels by inter -locking the puzzle piece connections with the previous panel (see Figure 2). Pull each panel so that the gap between each is roughly 1/8". Install edge locks between each panel to help maintain the proper panel spacing (see Figure 1). SportBase panels may overhang the edge of subsurface opposite from the starting location. 3. Install one column of SportBase panels along the length of the court, aligning the edge of the panels with the subsurface edge (see Figure 2). Pull each panel so that the gap between each is roughly 1/8". Install edge locks between each panel to help maintain the proper panel spacing (see Figure 1). Leave a gap of 3/8" — 1/2" between the panel edges and the inside edge of the compacted base form. SportBase panels may overhang the edge of the subsurface opposite from the starting location. 1 00 0 00 Figure 1 e e e o ®:e e e o e e o 0 0 e o o e e e 0 0 0 0 e o o e o e e o 0 0 o e e o e o e e e e e o e e e ••••• e e ••••• e e [•••• o e ••••• o e e o e e o 0 o e e Figure 2 SI-0018-A Page 3 of 6 05/03/2011 4. Once a row and column of panels has been installed, the rest of the SportBase grid can be filled in. Install the next row of SportBase panels along the width of the court by inter -locking the puzzle piece features and setting the panel straight down. Pull the panels so that there is an even gap measuring roughly 1/8" between each of the panels. 5. As you proceed, install the corner locks at each intersection where four SportBase panels come together (see Figure 3). It is critical to install the corner locks as each SportBase is laid down in order to allow for the correct spacing between each panel. Figure 3 6. Continue installing the SportBase panels and corner locks until the entire subsurface is covered. 7. Any panels overhanging the compacted subsurface must be trimmed 3/8"-1/2" from the edge of the compacted base forms. Snap a chalk -line along the length and width of the court to indicate where to trim. 8. Use a circular saw, or other suitable cutting device, to trim the SportBase panels. 9. (Optional) The male end puzzle piece may be trimmed off the SportBase panel and inserted into the female puzzle piece to fill in the holes along the edge of the SportBase surface (see Figure 4). /Cut Puzzle Piece f Rotatc Faille Piro Insert Puzzle Picce Figure 4 SI-0018-A Page 4 of 6 05,03i2011 4. Unce a row and column of panels has been Installed, the rest of the SportBase grid can be tilled in. Install the next row of SportBase panels along the width of the court by inter -locking the puzzle piece features and setting the panel straight down. Pull the panels so that there is an even gap measuring roughly 1/8" between each of the panels. 5. As you proceed, install the corner locks at each intersection where four SportBase panels come together (see Figure 3). It is critical to install the corner locks as each SportBase is laid down in order to allow for the correct spacing between each panel. e e a a a a a I a W a a a as a a a 0 a 0 a a 0 I� a a Figure 3 6. Continue installing the SportBase panels and corner locks until the entire subsurface is covered. 7. Any panels overhanging the compacted subsurface must be trimmed 3/8"-1/2" from the edge of the compacted base forms. Snap a chalk -line along the length and width of the court to indicate where to trim. 8. Use a circular saw, or other suitable cutting device, to trim the SportBase panels. 9. (Optional) The male end puzzle piece may be trimmed off the SportBase panel and inserted into the female puzzle piece to fill in the holes along the edge of the SportBase surface (see Figure 4). Cut Puiilc Piccc -- (R Rotate Puzzle Pius Insert Puzzle Piece Figure 4 SI-0018-A Page 4 of 6 05/03/2011 0 • 10. Once trimming is complete, install any remaining edge locks to secure the perimeter SportBase panels (see Figure 1). Note: panels trimmed beyond the locking feature will not be compatible with the edge lock pieces. 11. Once SportBase panels are installed over the compacted subsurface, use a vibrating plate compactor to seat the SportBase panels. Any high or low spots will require removal of SportBase panel followed by leveling the surface. 12. Install Sport Court modular flooring products following pre -designed layout and color scheme. Disassembly If any repairs need to be made to the compacted subsurface or if a SportBase panel is damaged and requires replacement, individual panels can be removed without disturbing the adjacent panels installed. It may be necessary to remove Sport Court modular products in the area that needs replacement or repair. 1. Using the corner lock removal tool, align the forks with the slots in the SportBase panels. 2. Firmly press the lock removal tool straight down to disconnect the corner lock piece from the SportBase panels. 3. Lift lock removal tool and corner connector piece from the floor. 1 1 law _ ,ib> Figure 5 4. Remove the corner lock piece from the lock removal tool. 5. Repeat the previous steps on the corresponding corners to the SportBase panel that needs to be removed. 6. Remove any SportBase panels in areas that need repair or replacement. 7. Make any repairs to the compacted subsurface. B. Install SportBase panel and corner lock pieces. 9. Install Sport Court modular products over SportBase panels. SI-0018-A Page 5 of 6 05/03/2011 Setting Anchors for Components If the court requires installation of components (hoops, lights, etc.) be aware that the concrete footings need to accommodate the additional 2" height of the SportBase product. Install forms around the hole for the anchor to raise the height of the concrete footing to be flush with the top of the SportBase surface. This will ensure that the net hole locations on hoop and light systems will be located at their appropriate heights (see Figure 6). SportBase System 4 I 0 o a O p a /ASP 00 oeo do a000 - -oe o°000 po ooOo Oo.c�% 0°0 � �o od0o o pb'o o� ago o p- O 1 Concrete Footing Forms (Flush with SportBase surface) Figure 6 Compacted Base Maintenance The compacted base materials may need to be repaired and re -compacted over the life of the court in order to maintain the best performance and stability. Repair the sub -base when the surface has become soft, washed away, or the flatness has been compromised. Follow the "Disassembly" steps from above to remove SportBase panels for maintenance. SI-0018-A Page 6 of 6 05/03/2011 Setting Anchors for Components If the court requires installation of components (hoops, lights, etc.) be aware that the concrete footings need to accommodate the additional 2" height of the SportBase product. Install forms around the hole for the anchor to raise the height of the concrete footing to be flush with the top of the SportBase surface. This will ensure that the net hole locations on hoop and light systems will be located at their appropriate heights (see Figure 6). SportBase System ® ego p Ooa 0 f �G O ® c nv o eo 0O a o G a Concrete Footing Forms (Flush with SportBase surface) Figure 6 Compacted Base Maintenance The compacted base materials may need to be repaired and re -compacted over the life of the court in order to maintain the best performance and stability. Repair the sub -base when the surface has become soft, washed away, or the flatness has been compromised. Follow the "Disassembly" steps from above to remove SportBase panels for maintenance. SI-0018-A Page 6 of 6 05/03/2011 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July 7, 2011, 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 Burroughs Variance — Planning Case 2011-07 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 _2�h day of I , 2011. 1 Notary Publi KIM T. MEUWISSEN Notary Public -Minnesota r; �, My E%Wrea.Hn 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, July 19, 2011 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. Proposal: Request for Variance to build a sport court on property zoned Single Family Residential RSF Applicant: Josh Koller-Southview Design Property 10036 Trails End 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 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: j www.ci.chanhassen.mn.us/serv/plan/11-07.html . If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies(Muchanhassen.ri 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 prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, conditional and Interm 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 commerclal/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, please contact the Planning Staff person named on the notification. Date & Time: Tuesday, July 19, 2011 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 Variance to build a sport court on property zoned Proposal: Sin le Family Residential RSF Applicant: Josh Koller-Southview Design Property 10036 Trails End 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 W 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/l 1-07.html . If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akajriesAci.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 prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alteratio 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 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 majorty 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 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, please contact the Planning Stall person named on the notification. E JEREMY & LYNN EATON WALTER E MANEY 10017 TRAILS END RD 10024 TRAILS END RD CHANHASSEN MN 55317-4594 CHANHASSEN MN 55317-4594 JOE MORRISON WILLIAM & ELIZABETH PETA 10053 TRAILS END RD 10065 TRAILS END RD CHANHASSEN MN 55317-4594 CHANHASSEN MN 55317-4594 CUSHMAN ENTERPRISES INC STEVE LEIVERMANN 12300 SINGLETREE LN STE 200 14248 BEDFORD DR EDEN PRAIRIE MN 55344-7964 EDEN PRAIRIE MN 55346-3030 CENTRAL BANK NORTH AMERICAN BANKING 2104 HASTINGS AVE COMPANY NEWPORT MN 55055-1501 2230 ALBERT ST ROSEVILLE MN 55113-4206 KURT & HEIDI SCHEPPMANN ROBERT A PARKER 40 SETTLERS CT 50 SETTLERS CT CHANHASSEN MN 55317-4595 CHANHASSEN MN 55317-4594 MICHAEL J KANE CATHERINE L MEYERS 8574 SARATOGA LN 9841 DEERBROOK DR EDEN PRAIRIE MN 55347-1611 CHANHASSEN MN 55317-8550 JOHN M & LINDA J REVIER RYAN & COURTNEY DUNLAY 9881 DEERBROOK DR 9901 DEERBROOK DR CHANHASSEN MN 55317-8550 CHANHASSEN MN 55317-8552 NICHOLAS JOHNSON TRAVIS & JENNIFER PALMQUIST 9941 DEERBROOK DR 9948 TRAILS END RD CHANHASSEN MN 55317-8552 CHANHASSEN MN 55317-4592 XIANGDONG LIN STEVEN D & MARY E DODGE 9960 TRAILS END RD 9965 TRAILS END RD CHANHASSEN MN 55317-4592 CHANHASSEN MN 55317-4592 STEVEN R PASCHKE RANDALL S & MELODEE D BROOKS 9977 TRAILS END RD 9984 TRAILS END RD CHANHASSEN MN 55317-4592 CHANHASSEN MN 553174592 PHILIP R & STACEY M BURROUGHS 10036 TRAILS END RD CHANHASSEN MN 55317-4594 CHRISTOPHER & ERIN WETMORE 10072 TRAILS END RD CHANHASSEN MN 55317-4594 DANIEL W ABERCROMBIE 1572 CLEMSON DR #B EAGAN MN 55122-4806 HENNEPIN CO REG RR AUTHORITY 300 6TH ST S SW STREET LEVEL MINNEAPOLIS MN 55487-0999 RICK & HEATHER EHRMAN 60 SETTLERS WEST CT CHANHASSEN MN 55317-4595 JOHN E LONSTEIN 9861 DEERBROOK DR CHANHASSEN MN 55317-8550 MICHAEL J & PATRICIA A CONROY 9921 DEERBROOK DR CHANHASSEN MN 55317-8552 ROBERT G DAUB 9953 TRAILS END RD CHANHASSEN MN 55317-4592 JAMES DOBCHUK 9972 TRAILS END RD CHANHASSEN MN 55317-4592 ROBERT G & SUSAN D BUSCH 9989 TRAILS END RD CHANHASSEN MN 55317-4592 0 0 SOUTHVIEW DESIGN ATTN JOSH KOLLER 1875 EAST 50TH STREET INVER GROVE HEIGHTS MN 55077 rqj City of Chanhassen P O BOX 147 CHANHASSEN MN 55317 07/20/2011 10:51 AM Receipt No. 0162428 CLERK: bethany PAYEE: Southview Design, Inc. 1875 50th St E Inver Grove Heights MN 55077 Planning Case # 2011-07 ------------------------------------------------------- Property Owners List 87.00 Total Cash Check 27697 Change 87.00 0.00 87.00 0.00 SCANNED SOUTHVIEW D &IGN, INC. • CIT33 ,City of Chanh en 7-19-11 07.19.11 Permit 87.00 .00 "�4wozO 27697 87.00 7-19-11 27697 87.00 .00 87.00 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 mioF (952) 227-1100 SIX To: Josh Koller Southview Design 1875 East 5'" Street Inver Grove Heights, MN 55077 Invoice SALESPERSON DATE TERMS KTM 7/7/11 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 29 Property Owners List within 500' of 10036 Trails End Road (29 labels) $3.00 $87.00 TOTAL DUE $87.00 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 July 19, 2011. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #2011-07. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED Kairies, Angie From: Kaines, Angie Sent: Wednesday, July 20, 2011 2:54 PM To: 'Josh Koller' Cc: Jeffery, Terry Subject: 10036 Trails End Road Josh, The application that was submitted was for relief from the hard surface coverage. As it appeared last night you were trying to appeal a determination of staff. Therefore, we have two separate and possibly concurrent issues. 1. The request for relief from the 25% hard surface maximum. 2. An apparent request for an interpretation or amendment of the City Code to permit SportBase .M as a city wide pervious application. (this was not noticed as a part of your application) What is moving forward to the City Council and what was voted on last night by the Board of Adjustments is item number 1. To appeal last night's decision, you will need to submit a Letter of Appeal in writing to me by Friday of this week. If it is your intent to have this material interpreted as an approved pervious material, a separate application and Public Hearing will be necessary. No fee will be associated with a second application. This shall include additional engineering information. The burden of proof is upon the applicant to provide adequate data specific to the material, construction, and the site to show that the resulting hydrologic and hydraulic conditions: • Will decrease runoff; • Will not create downstream or localized flooding or erosive conditions; and • Will function per design into the future. If you would like to move forward with a code amendment and the hard surface coverage variance concurrently, we can postpone the scheduled City Council meeting to accommodate both. To do that the Letter of Appeal you submit by this Friday must also state that you are waiving the 60 day review period. As Terry stated last night, he does not contend the argument that the SportBase .m material has a hydraulic conductivity superior to that of most common native soil materials. However, the system in its entirety does not have a hydraulic conductivity superior to that of native soil materials with vegetation. At this time, staff will not make a favorable recommendation for the use of this material as a City wide pervious application; therefore, please consider how much of an investment you are willing to incur. Feel free to contact me or Terry with any additional questions. Sincerely, Angie and Terry SCANNED 4b Angie Kairies Planner I City of Chanhassen 7700 Market Blvd Chanhassen. MN 55317 Direct dial: 952-227-1132 Fax: 952-227-1110 email: akairiesaC)ci.chanhassen.mn.us Website: www.ci.chanhassen.mn.us From: Josh Koller rmailto:jkoller(a)southviewdesion.coml Sent: Wednesday, July 20, 2011 8:35 AM To: Kairies, Angie Cc: Burroughs, Philip; Craig ]ones; kevin zwart Subject: Hello Angie, can you send me the info I need to process the appeal, or let me know what I all need to do. Also can you have Terry send me and the team at sport court all of the things that he either disputes or has questions on so we can answer them and be better prepared for the next meeting? I know you and I had had conversations on how we were not doing the sub -base that was on the diagram but he seemed to not know about that and at the end of the meeting yesterday his final argument was that he doesn't know enough about the sport court to give his approval. So what I would like to do is have him send us all of the questions that he has and his reasons for not understanding or accepting it so that the engineers at sport court can answer any of his questions. We would just like to be as prepared as we can for the next meeting, and given that there is a limited time to get this done I would like to get this as soon as we can. Thanks Angie you have been a big help in getting back to us right away on all of this. Thanks, Josh Josh Koller I Southview Design I Landscape Designer Office 651.203.3028 1 Mobile 651.248.39611 Fax 651.455.1734 Website I Blog I Facebook Chanhassen Planning Commission -July 19, 2011 • 4. The applicant must obtain a stable permit. 5. The accessory structure may not be used as a separate dwelling unit. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: BURROUGHS VARIANCE: REOUEST FOR VARIANCE TO BUILD A SPORT COURT ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) LOCATED AT 10036 TRAILS END ROAD. APPLICANT: JOSH KOLLER. SOUTHVIEW DESIGN. OWNER: STACEY & PHIL BURROUGHS, PLANNING CASE 2011-07. Public Present: Name Address Kevin Zwart 1301 E. Cliff Road, Burnsville Craig Jones 1301 E. Cliff Road, Burnsville Josh Koller 1027 Northview Park Road, Eagan Phil Burroughs 10036 Trails End Road Kairies: Chairman Aller, members of the Planning Commission. The application before you tonight is for 10036 Trails End Road, Lot 15, Block 1, Settlers West. Property zoned Single Family Residential. The applicant is requesting, back one more time. Excuse me. It's located south of Pioneer Trail. To the west of the property is the Hennepin County Regional Railroad. To the south of the property, south end of the entire development is basically bluff area and then to the east is also Eden Prairie towards the north part of the subdivision. The applicant is requesting a 4.3% or 681 square foot variance from the 25% maximum hard surface coverage limitation within the residential single family district for the construction of a sport court in the rear yard. The Settlers West subdivision was platted in 2005 and as part of platting the subdivision there was several environmental considerations that took place. For instance there are bluffs which are all outlined in red so the majority of the southern half of Settlers West. There's a seasonally high water table within the development. There are several tree preservation areas and outlots to protect the natural features. The development is made up primarily of clay soils. As also part of the development to control some of the storm water runoff, there were reverse swales that were put in on the southern part of the development to ensure that water does not go down the bluff and cause erosion problems. And then again on the west side there were storm water pipes that were put into the rear yards in drainage and utility easements to control where runoff is being distributed so that it's not causing erosion in the bluff and then on the regional railway. And all of the runoff does go into the Minnesota River which is an impaired water. The subject site came in for a building permit in 2006 and at that time the hard surface coverage was at 24.7% and again 25% is the maximum. The property included the house, garage, driveway, sidewalk from the front door to the driveway and also 180 square foot patio. Prior to tonight's meeting the applicant did come in and request a zoning permit to install patios and stepping stones which brought the property to 25% exactly, and then today they're requesting to install a 681 square foot sport court which would bring them to 29.3%. The 0 SCANNED Chanhassen Planning Commission -July 19, 2011 applicant did submit sport court designs to show that it was a pervious system and after Terry reviewed the design, the sport court base which is the top layer is pervious. However as part of the installation that was shown to us, the sub -base and the surface, sub -surface were compacted and therefore are impervious. Again there's a seasonally high water table which makes it difficult in this area to create more storm water runoff. And furthermore city code does not recognize this material as an approved impervious surface. Excuse me as an approved pervious surface. Therefore administratively we cannot recommend approval of such a material. Staff is recommending, the applicant does have reasonable use of the property in that they have a single family home and a 2 car garage on the lot currently and with that staff is recommending denial of the application and I'll take any questions at this time. Aller: Is it a 3 car garage or a 2 car garage? Kairies: Three car garage. Two cars the minimum but they have a 3 car. Aller: Any questions? Commissioner Ellsworth? Ellsworth: No. Aller: Commissioner Doll? Doll: No, I don't. Aller: Kathleen. Thomas: I don't think so. Aller: Commissioner Hokkanen. Hokkanen: Not yet. Allen. Commissioners. Undestad: No questions. Aller: Great report. Kairies: Thank you. Aller: Do we have anyone, an applicant that wants to come forward and make a presentation? Phil Burroughs: Yeah. Aller: Great. If you can please state your name and address for the record. Phil Burroughs: Yep. I'm Phil Burroughs. I'm the property owner. Chanhassen Planning Commission - July 19, 2011 Aller: Mr. Burroughs, thank you. Phil Burroughs: Thank you. So I just, I prepared a few comments and then, which I will read and hand it over to my contractor who had a few things he wanted to demonstrate. Aller: Great, thank you. Phil Burroughs: So members of the commission, my name's Phil Burroughs and I and my wife Stacey are the owners of the property at 10036 Trails End which is the subject obviously of the variance request you're asked to consider today. I have Josh Koller with me of Southview Designs who's my contractor, and a couple gentlemen from the Sport Court organization to you know represent the surface that's kind of in dispute here. So you know I think, a couple things I'll emphasize in the abstract before I get to the actual points that I want to make here. You know we absolutely wanted to create a yard that would enhance the visual appeal of the neighborhood, provide outdoor space for playing activities, you know all while preserving the environment and the natural beauty of the community. You know we clearly sought to comply with all codes and regulations provided by the City that every aspect of our proposed development approved by the City. I'm sure you're well aware that there's, you walked through and I think demonstrated well kind of the reasons behind the code and you know we understood that in order to accomplish compliance that we needed to come up with a solution that was, that would provide for the right level of drainage and at the level of perviousness necessary, if that's even a word. Perviousness. You know to be in compliance so we chose the sport court solution that we're asking you to review today as we believe that we've demonstrated that it's unique design renders the surface permeable. Thereby excluding it from hardscape regulations so I'll let the guys provide some of the technical expertise but I wanted to make it clear that I strongly contend to follow you. One of the basis for the argument by the staff members against our request is that the solution is not water permeable. Their support for this position the staff references the installation instructions for the sport base solution, emphasizing the guidance in those instructions that the installer compact the soil. The solution we've advanced does not call for compacting the underlying soil. In fact we plan to use a pervious sand sub -base which is water permeable at a much faster rate than the native clay soil or any other landscaping or non- hardscaping solution. This solution description you know was provided as part of our proposal and the only thing that frankly puzzled me as I read through the packet was that that did not appear to have been considered in the recommendations that were advanced. I believe we're dealing with a circular argument. We have a water pervious surface. Placed on a pervious sub- base. A sub -base that would meet code for landscaping or lawn design but we're told that despite providing evidence to the contrary we're proposing a solution that will behave like hardscape and against the spirit of the regulation. And just one other thing to comment on from the written materials. This, you know the package submits that the solution we propose is again counter to the spirit of the statute as it has aesthetic implications that accompany the loss of green space. You know I guess I would submit that that last argument is specious particularly when you consider the care we've taken to design you know a beautiful solution that will provide a beauty to the neighborhood for years to come. And finally I wanted to say I appreciate the service you guys all provide in coming here on a nice, lovely July night and I thank you in advance for considering our cause for a variance. Chanhassen Planning Commission - July 19, 2011 Aller: Thank you Mr. Burroughs. Josh Koller: Hi. Josh Koller. I'm with Southview Design. I'm the landscape designer on this so, and I've had a lot of talks with Angela over here about what we're doing. She's been very helpful in kind of telling us how we need to go about this. What we're trying to do is, honestly the landscape industry we know the 25% and we're trying to keep underneath that. That's not what we're trying to do but Angela explained to me that we needed to apply for a variance first so that we can present what we're trying to install and get it considered you know a permeable surface. Now I don't know, can you go back to that slide that shows all the layers of the, I don't know if it'd be possible to do that or not. There you go. So in this slide here it shows the sub- base and everything that we're trying to do that and that's what we're kind of claiming that it's not, you know water will not be able to penetrate that. However as a solution to that with the sport court piece we're eliminating that. What we're doing is we're putting a sand base underneath that and compacting this material into the sand so realistically this is going to go, water's going to penetrate this a lot better than the clay soil plug that I pulled out of their yard. And I brought these gentlemen from Sport Court to kind of explain that if you guys don't mind taking a look at it and seeing how it works and going from there. Aller: Thank you. Kevin Zwart: Kevin Zwart with Sport Court Minneapolis. I think when people hear the word sport court they automatically think concrete, asphalt, those things and we're kind of known for this. Nice colorful surface that everyone sees us out there for. I mean Craig Jones here has been in the Twin Cities area for 25 years you know with the company Sport Court building these projects and what we found across the country, or the nation, the Chicago's and some of those areas, is these impervious structure ordinances are coming down very, very tight. We haven't seen it a whole lot until the last 4 or 5 years locally so what Sport Court corporate office did is come out with a product called Sport Base and that would be the base underneath the green tile here that is basically once again an interlocking puzzle with holes in it. I don't know if you guys have all the paperwork. I know Angie does with all the filtration studies that are out there that just like Josh said, you know if that lot that you say is primarily clay or 40% clay soils, and you get a heavy, heavy rain, we know a lot of that water ends up in the road. You know runoff. Now what we're proposing to do, we just finished one in Burnsville and said we were too close to Crystal Lake down there so we couldn't do any hard cover. So we went in, excavated out that clay. Those hard soils and then we put down a bed of 8 inches of sand. Then the sport base product and then of course the sport court tile over the top of it. So in turn what we've done is we've kind of not funneled but any of that rain water that's going to fall within that 649 square feet, we're slowing that down. Now it's going to have the time to naturally you know filtrate into the soils versus everything else around it we know runs right off of clay. So we're actually slowing down runoff in that area and I think where some confusion is taking place is in our sales brochure and some of those things where it does say compacted base, and a lot of people think of that right away as Class V, which over time gets as hard as concrete and doesn't drain either you know so we are going in with an 8 inch base of sand. And that's what I kind of have to just combat what's kind of been shown here. 0 Chanhassen Planning Co •ssion - July 19, 2011 • Alley: Is the sand sitting on top of clay? Or is there. Craig Jones: On top of the natural soil. Kevin Zwart: Natural soils. We would dig out 8 inches. Bring in 8 inches of sand. Aller: And there's nothing underneath funneling or channeling the water away? It's just natural soils. Craig Jones: None whatsoever. It came with a panel around the outside. Kevin Zwart: We use paver edging. Aller: But you're not taking the water away with any kind of pump system or drainage system? Craig Jones: No, nothing whatsoever. Kevin Zwart: No. Craig Jones: It's going to be better for drainage. It's not going to be as good for the house. I mean you're letting water percolate into the water table but as far as overflow into you know just natural runoff, we're trying to slow that down so. The biggest piece, and I think Angie can answer this one from the conversations we've had is just the base material. So when we talked Class V and packing it and those type of things then she's right. I mean that is going to stop it. I mean permeable pavers, you guys don't accept that here in Chanhassen because of the base materials and eventually it gets clogged up and those types of things. This is totally different. We're just putting a sand base in to allow for that water. I mean it's, obviously it's going to drain a lot better than what the clay will, you know than just what the natural clay would do. Kevin Zwart: And you guys don't count decks in Chanhassen, correct? A wood deck or a synthetic board deck. Kairies: Standard deck we exclude from hard cover. Kevin Zwart: Standard deck, okay. So this I like to, you know it's really a sport deck. I mean is it any different than someone who had a deck off their house and below it they had a sand box for their kids to play in you know? That's really what we have. Aller: So the request is that we exclude this from calculation. Kevin Zwart: Yeah, I think the hard cover you'd be adding to this would really be a 2 foot by 2 foot footing that the basketball hoop would set in, which would be a concrete footing. Craig Jones: And that's what we were told to do. We were told to present this and we're actually trying to get it to not count against the hard cover as the point of the presentation. 10 Chanhassen Planning Commission - July 19, 2011 Aller: Has there been any indication of what the impact this slowing actually would be. I mean we're butting up against, it'd be one thing just saying in general that it's going to be better than concrete or better than asphalt clearly, but what happens that water, we're still sitting in the center of this property and it still has a long way to go and it's going to end up in the bluff. So is, what's the impact on the actual drainage? Craig Jones: What we're actually trying to do is just like if we do a French drainage system in somebody's house where we dig up like almost like a sump well and then we fill that with rock. What we're trying to do is when water fills that up, if we get the 100 year flood, which it seems like we've had 4 or 5 of those this year, what we're trying to do is we're trying to get all the water to go to that so that it's able to fill that area up and then slowly percolate down into the water table and that's what we're trying to do with that. We're not trying to get it to run off the surface. Same thing with this. I mean this will allow for water to gather into the sport court and slowly percolate where it's not, instead of just having a runoff like a clay. I mean essentially what we're trying to do with the hard cover is we're trying to stop runoff from going into you know whatever the water areas, the caver, into the bluffs or into the street. If anything without the sub -base, without doing the Class V basing and those types of things, this is going to help that system. It's not going to hurt it. So we're trying to let it percolate into the water table better, especially with a sand base is what we're trying to do. Thomas: Am I correct that you're around the blocks that are the jigsaw puzzles, for lack of a better term. Are you building like a, not a dam but are you kind of boxing it in? Craig Jones: It's put on like around paver patios. Thomas: Okay. Craig Jones: There's an edging that's actually staked into the ground to hold these from shifting back and forth of course and that actually is at the same height as this. Thomas: As that. Craig Jones: And so that has that ability to stop that water that's. Thomas: That was my other question is how would that, all I could see is like I would imagine it would just nm right off. You know how it would percolate but, so it's got edging around it. Craig Jones: Right. Thomas: Okay. Hokkanen: Is there, based on the picture, are there only 8 holes in each? Kevin Zwart: Yeah it goes through actually all of the sub -bases. They did a study on this where they actually drilled holes in every piece. 11 Chanhassen Planning Commission - July 19, 2011 Hokkanen: Okay. Craig Jones: Instead of having just the holes on the sides and then when it connects together, because these don't connect solidly. They just loosely fit. Hokkanen: Okay, I can see that now. Craig Jones: And the study actually showed that water percolated just as much in the filtration system I've got here than if you drill a hole in each one, which certainly, I mean if a guy needed to do that, you know we could punch holes in every square of this if you wanted to. But it's not needed. Kevin Zwart: Yeah you can see by the infiltration gridding of the, if you can read those studies which I have difficult times with. In essence what it's saying is that it's allowing you know more than 100 year flood to penetrate through this pretty easily and rapidly. Much faster than it would with clay so we're creating that ability for it to absorb that and slowly release it into the clay. Aanenson: Chairman if I may, before we cut out. I just kind of want to reframe why we're at this point. This is the first variance tonight in that you've seen in over a year because of the State Supreme Court and now we've passed new variance criteria. They've asked for hard surface coverage variance. We historically have not approved hard surface variances. They're asking for an interpretation of our previous recommendation so I want to make sure that you understand that's kind of what, why they're bringing this and demonstrating this for you is that they're disagreeing with our interpretation, which is a right as part of the appeal process, that they're aggrieved of a decision of an administrative officer so our interpretation is that it doesn't meet that criteria so that's, I just want to make sure that we kind of frame the discussion there on that point. Doll: That's Terry's opinion, Terry and the public works and the engineering department? Aanenson: Yeah, I'll let Terry speak to that. Jeffery: Chair Aller, Commissioner Doll, yeah. That is in fact correct. While I do not dispute the hydraulic conductivity of the sport base itself. In fact the University of Utah State University study does show that it has K value much higher than your different soil materials. However that same study then goes on to ... underlying sub -grade material which is the ... and while there will be a sand base in there which will have the hydraulic conductivity of sand, below that will still be, and that's I guess where I'm still contending it is, the sub -grade will still need to be compacted. You will still need a level surface. You can't just lay it there. But even beyond that, we don't have engineering to say that there would even be adequate storage within that sport court area to accommodate what's there. My contention is that yes, this, in the past we have not allowed for these type of materials and I don't feel that this is the time to do so. Kevin Zwart: If I may just add on that real quick. I do have to, I think a little bit of that though again is based on the base material. All we're going to do is dig down and grade a level spot. 12 Chanhassen Planning Commission - July 19, 2011 We are not going to run a compactor on the base. However, if a person has a family or kids and they're running around in their yard with a clay yard, that's going to get compacted more than what this is going to be. I'm not running a compactor over this. We're running 8 inches of sand, and I think that's where you're talking about, if I'm correct that you're saying you're doing to sub cut down and then you're going to put some type of base or compact it or whatever, which is actually what we're not, we're not doing that. We're just grading. We're cutting it down. We're bringing in our sand and then we're putting this directly over the top of it. The only time I'm going to compact anything is I'm just going to compact this material into the sand itself. Not into the clay base or anything like that, so those pictures that we showed as far as how it gets compacted, we're not doing that based on the City's recommendation that, and that's what we were told is to come in here and talk about that. That's what we're not doing so that we can allow for that penetration. I was told that this was the first time that this product has ever come up to the City of Chanhassen so about the knowledge of what it is, is that correct Angie? I think that's what you had said. Aanenson: I don't believe that's, I don't think that's a, I think we've pretty much seen every iteration of hard surface coverage from permeable pavers to pervious asphalt. Kevin Zwart: Yes. Yeah, I'm talking about this. I'm sorry. Aanenson: Yeah, no. Yeah, right. And we have denied other sport courts in the past, and I'm not you know, so again you have the right to make your appeal and so. Aller: And I just have some other quick questions that are on a little bit different vein here and that would be, the first permit that was taken out here with the Burroughs, the owners, builders or did they purchase the property after built or? Phil Burroughs: I'm sorry. Aller: Did you build the property? The home? Phil Burroughs: ...built the property. They pulled the permit. Built it as a spec home. Aller: It was a spec home for you? And then there was a second time that a variance was requested for additional work? Kairies: No. They requested a zoning permit to install patios and some stone steppers and at that time we also calculate the hard surface coverage. The purpose of the zoning permit is for the hard cover essentially. Aller: Right. Kairies: To make sure that we're not exceeding the 25%. Aller: So that zoning, and that zoning permit brought it to 25%. 13 Chanhassen Planning Co•ssion - July 19, 2011 • Phil Burroughs: I mean it was two steps that, so we submitted for the kind of the landscaping and the patio and then submitted. Aanenson: If you don't mind, they're trying to record it so if you can just step up to the microphone, so they can get you on tape. Aller: Thank you Mr. Burroughs. Phil Burroughs: I'll let the... Josh Koller: Yeah we, the landscaping permit we pulled was yeah, just basically for the existing concrete patio actually exceeded a little bit so we actually were tearing the existing patio out. Redoing it so that it would fit the 25% and then we're applying to put the sport court in, and again basically put a sand box in with a tile over top of it. Undestad: Can you just, you were saying you're going to compact something into the sand. Is it just the green surface or the black, the tiles? Kevin Zwart: What we actually do is once we lay that sand down, level that out and put a ... board across it, then we lay this on top of it and then we run our compactor over the top of this just to seed it into that sand. Undestad: So you compact that and that compacts down into the sand and Kevin Zwart: Right. You've got to remember sand will compact but always returns to it's original state. All we're trying to do is get this level. Undestad: Until it gets wet and then it all just goes down... Kevin Zwart: Well sand has that unusual ability of absorbing a great deal more moisture and will compact but always returns to it's original state. Clay doesn't do that. Josh Koller: And this is a lot different than permeable pavers. I mean I install permeable pavers all the time and I know the City of Chanhassen doesn't accept them because they you know, for the base, basically because of the basing and like again, we're just eliminating that. We're just basically putting a deck on sand is what we're trying to do. Ellsworth: Mr. Chair? Aller: Commissioner. Ellsworth: Which is more pervious, a lawn with some black dirt and the roots of the grass or clay that's just scraped clear down a foot and just left? Jeffery: Chair Aller, Commissioner Ellsworth. Biofiltration features work specifically because the soil has been augmented and their plants roots within it. That's what allows for the porosity 14 Chanhassen Planning Commission - July 19, 2011 down below so all else being equal that material which has plant growth within it is going to be more pervious. Ellsworth: Okay. And then for this sport court, that soil would be removed and it would just be clay exposed with sand on top of it. Jeffery: That is my understanding. Ellsworth: Okay. So I don't live very far from there and I know the clay soils in that area and it is like concrete. Not this year but on other years when it's drier. It's muck right now. That's the only question. Thank you Terry. Aller: And I just want to make the record clear, you indicated that it would not be clay? Josh Koller: No, I mean there's clay. I pulled the plug on this property to find what the soils are. I mean we'd have to go down a long ways to not get to clay. Aller: Okay. Josh Koller: But to go back to the question about sod, a sod system, sod has a vertical root system so even sod where it has 3 inches of soil on top of it, and especially on this site and 90% of homes that are just builder done where they don't bring in a lot of black dirt, the sod's laid on this property directly on clay. So the filtration from the sod and the little bit of black dirt, absolutely. That will allow for more filtration going to it. On the clay base of it, it's no different than what we're going to have here because that root system of that sod can't penetrate on heavy clay like that anyway. So it's spreading, that's why when you have, and we run into this in the landscape industry a lot so we try on a new home to bring in at least 6 to 8 inches of black dirt because then your grass, the root system can go deeper. You don't have to water as much. The problem is with a lot of clay, when they put sod right on top of clay, that's why you see homeowners watering every other day where actually on a good yard you should only have to water your yard once every 5 days. Aller: But I think that gets to Commissioner Ellsworth's question and the point he was making was that the grass in that sod helps draw that water out. It's being utilized, it's growing. Grass is growing and so the filtration is actually there whereas a sport court or any other impervious surface, once it hits the clay it's. Josh Koller: If you don't mind let me go back to that. Would you say, Terry? I think it's Terry. Would you say that that, for sod because this house has maybe 3 inches of black dirt and then it's clay directly underneath it. Would you say that that soil is going to penetrate that 3 inches of the sod with the black dirt and then go into the clay faster than it's going to penetrate 8 inches of sand and then go into the clay because you're only talking, you're talking 3 inches of black dirt with sod and then it's still hard clay and you're talking 8 inches of sand and then it's hard clay so just ask you the question. I mean realistically it's not going to. 15 Chanhassen Planning Commission - July 19, 2011 Jeffery: Chairman Aller. If you're asking, the hydraulic conductivity of the clay will remain the same. Josh Koller: Yep. Jeffery: Irrespective of what is above it. Josh Koller: Yep. Jeffery: Utilization by the vegetation that's there will be greater. Therefore the total volume of runoff will be less. Undestad: And don't we really have more than just 8 inches of sand? It's got to get through that stuff too? Josh Koller: Yeah but this is what any stuff the case study showed. This does go through faster than your, than ... then even with sod on top of that. Doll: Does the surrounding, there should be a site plan, is the surrounding vegetation aid in this? Jeffery: Chairman Aller, Commissioner Doll. One of the things that we're running into, let's throw everything else aside. Let's say we got to some presupposition where this would be a beneficial circumstance. Throwing all of that aside we still would require with anything like this, any solution we're going to have that's going to affect our hydraulics and our hydrology within the city and our storm water conveyance system, we're going to require engineering on it. Beyond that we're going to require some type of long term maintenance. How are we going to ensure that these practices exist and still function as designed into the future? I, well actually I cannot answer how it will react with what is around it. For starters I don't know what the total storage even would be within that. I don't know then what the hydraulic pad would be within that. I don't know what the conductivity of the clay below it's going to be. All I know is we have a design where we're going to make some type of sub -cut. 4 to 8 inches to this but apparently this is not what I should be using. And then below that will be the inserted materials which will not be compacted intentionally. However over time obviously if we're going to have like surcharging a road. I mean if we're putting materials over it we are by it's definition. Ultimately what it boils down to is we don't have a vehicle by which we can say that this material would provide the benefit we are looking for. It is a constant discussion at staff level and it is something that we would like to have a great solution that we could come before you and not give you these hard decisions to make but at this time there are too many questions that remain unanswered. Aller: Any other questions? Thank you. Anyone else from the public who would like to speak on the matter? Okay, we'll close the public hearing. Comments from commissioners. Undestad: You know what, I mean just the questions that are there it's, you know and we kind of go to Terry. I mean he's our water resources guy and he's got questions. I don't understand this stuff myself either but if he doesn't understand it and you know we need more information fri Chanhassen Planning Commission - July 19, 2011 as to will this really work. All I see is somebody creates a clay hole you know 8 inches deep with sand and the sport court and it fills with water and maybe they can't even use it while it's full of water for a while until it goes in but I guess just the fact that there's still just too many unknowns on the technical side of things, which is really what we need to know before it all goes downstream with everything else. Aller: Okay, anyone else? Comments. Ellsworth: Ali Mr. Chair, a few comments. And one of them's a question I guess maybe for staff. It says in the report that it's not an allowable pervious surface through the city code. How does one petition or change the city code or have it at least considered this type of material being allowed? And so if indeed tonight we deny this, how would the applicant perhaps go through it that way and then get the proper analysis, the proper maintenance that Terry's talking about and have that addressed and so then it's in the code and then it would come to us and we'd say well it's in the code and we would approve it. Aanenson: Sure. I can take that. Members of the Planning Commission. Anybody can request a code amendment but to do the code amendment, as a staff we would actually do the research and design. Kind of come back with you, to you with what we believe is the correct engineering to support what systems and that's been an ongoing process. The State's undergoing that right now looking at some different mid's. Some for those issues and that's something that we'll be talking about this fall too. You know it's kind of that struggle because once you make a code amendment it's not just for this site, and certainly we want, you know property owners to enjoy their beautiful property but it affects every other property owner that would want to do the same sort of thing and that's kind of the issue with this. It's, where else would it be applied and so looking at the measure, we want to make sure that we studied it. Look to the engineering on that so, but someone could apply for a variance but really you're kind of getting back to the same issue again. Kind of a disagreement with our interpretation of what's impervious. Why they're demonstrating to you what they believe how that product works and then I guess the question is, is do we have the right engineering to make that decision? Do you feel comfortable with that? That there's enough engineering done on how it's going to work. That's really what it comes down to. Whether it's a code amendment or this variance application. Aller: Thank you. Ellsworth: Well then additionally the, I guess my intuition says I agree with Terry and what Mark said that, and having experience with that soil at my own home and yeah as soon as you dig a hole, when we first did our percolation test for the septic system and dug a hole and put a tube in it and it filled up with water so obviously we had to do something different. And then we take water pretty seriously around here and clearly as stated in the report it's not in the code. It was never approved as a pervious surface and then I think it does, I agree it does not meet the practical difficulty test for the variance that's needed and that would be my recommendation. Thank you Mr. Chair. Aller: Anybody else? Commissioner Doll. 17 0 Chanhassen Planning Commission - July 19, 2011 Doll: Appreciate all the work that Mr. Burroughs has done on this. I mean it's really gone far above, just looks like unless the code is changed it just doesn't meet it. I'm for this thing. I mean in theory. I think sport court brings a family together. It brings kids in the neighborhood. It's a good thing. Just the way the thing's written, I don't know. I wish we could figure out, I mean is there a way for the, to have an engineering study done. Aanenson: Yeah certainly and that's something that we're kind of talking about. We're kind of writing notes here. You know obviously if this gets appealed up to the City Council between now and then, if some additional engineering can be provided. Some additional things that we could look at, that might be something on this project that we could consider. Alter: The reason I ask the questions, were to the practical hardships and whether or not there was one here when you have a homeowner that builds the property and it's kind of like you selected a property with a 3 car garage instead of a 2 car garage. You could have used the same space to have a sport court originally and so you know those types of issues with the way variances are supposed to be applied I think practical difficulties are going to be the major issue here, not just the exemption. Soon that basis I think the better solution here would be to go ahead and deny it and if the applicant chooses to appeal it, then take it up and have the appropriate engineering studies done. They still have to face I think the practical difficulty situation. Phil Burroughs: May I ask a question on that Mr. Chairman? Alter: Sure. Phil Burroughs: I don't know what that means so maybe you can help interpret that for me. The practical difficulty. Alter: Well practical difficulty usually when you're looking, the way I'm looking at it is, it's whether or not this problem is of your own making. Is it something that's so unique to the property that it's a difficulty that is there that we have to deal with. Here we have a property that was built and it's a great home and it's using the maximum hard space available to it and the fact that it doesn't have a sport court isn't necessarily a difficulty to it being used in a reasonable fashion. That being a very nice home. Phil Burroughs: You haven't met my children Alter: And Chanhassen takes that kind of thing into consideration when the zoning requires that we have parks within a half mile of all these projects and we try to make sure that there are places for the kids to go and my neighbors hoops that are in their driveways where they just throw the, they use the driveway as their court so when we look at that for practical difficulties as opposed to. Phil Burroughs: Yeah, we have a slope problem on the driveway. Alter: It's the difference between me driving a Mercedes and what I drive. 18 Chanhassen Planning Commission - July 19, 2011 Phil Burroughs: Yeah, I understand and I guess I would just be before you and take your vote and close out on it. I mean I really respect the research that was done by everybody. I think your comments on the engineering are, I understand them. I think it's good to hear you articulate them. I would also be looking for more empirical evidence before I felt comfortable with the proposed solution so I think we'll huddle up and figure out kind of what's next and obviously we want to do it right. Aller: And we appreciate the fact that you've come in and you make application rather than having it go the other way around where some enforcement, someone knocks on your door so we really appreciate that. Phil Burroughs: Absolutely. Alley: And raising the issue is going to raise it for everyone. Thomas: Yeah, you'll be a hero. Undestad: Get all the questions answered, we'd love to find something that would solve a lot of these. Aller: But I think the best way to position that for you is to go ahead and deny it and allow it to escalate, if you will, to a position where someone else can make that decision. Phil Burroughs: Understood. Kevin Zwart: Can I ask a quick question? Aller: Sure. Kevin Zwart: Just on the engineering side factor of it. If we could get some sort of guideline... Aller: Okay, go ahead and step up to the podium. Kevin Zwart: If there's some way that we can get some sort of guideline of what exactly you want to see and what tests so we can implement that, that would be most beneficial for us so that we answer your questions and get the data that you're looking for. Aller: Well I don't know whether or not that's something we're here today to discuss. Kevin Zwart: No, I'm directing it to him to say you know if I could have that opportunity to have a discussion with him. Aller: We're going to need to vote on that and I'm sure the City's more than happy to work with you any day of the week. I think they have been and will continue to so we appreciate your time. Thank you. Do we have a motion? M Chanhassen Planning Commission - July 19, 2011 • Thomas: Alright I'll propose a motion. The Chanhassen Planning Commission as the Board of Appeals and Adjustments denies Planning Case #2011-07 for hard surface coverage variance to construct a sport court and adoption of the Findings of Fact and Decision. Tennyson: Move to second it. Aller: Having a motion and a second. Thomas moved, Tennyson seconded that the Chanhassen Planning Commission as the Board of Appeals and Adjustments denies Planning Case 42011-07 for hard surface coverage variance to construct a sport court and adoption of the Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Aller: The variance is denied. Thank you to all present. Moving on to item 3. PUBLIC HEARING: CITY CODE AMENDMENT: CONSIDER AMENDMENT TO CHAPTER 20, ZONING CONCERNING PAINTBALL COURSES AND SHOOTING RANGES. Generous: Thank you Chairman Aller, commissioners. As you said this is a proposed city code amendment to both Chapters 11 and 20, code amendments to address gun ranges and paintball courses within the community. Previously this item was discussed under open discussion in April and June of this year to try to lay out the issues and the problems that we foresee. What the code amendment will try to do is create an exception to the firearm prohibition in Chapter 11 to permit paintball courses and a gun ranges. Additionally we looked at creating standards for these type of facilities within the code so that we would be able to evaluate each one as they came in. And thirdly to create the district or allow them in the specific districts that we believe was appropriate. The first one I'm looking at is the indoor gun ranges. We're looking at indoor only. At one time there was an outdoor gun range in the community. That went away and the City doesn't want to permit it again because we are an urbanizing community and so we don't think agriculture will stay here as long as it had in the past. We are looking at only two districts, well there's three districts that we're looking at. The A2 district for the outdoor paintball courses and then the IOP and CC districts for the indoor facilities. And it was fun getting these pictures of the different facilities that they have out there. I tried not to get anyone shooting because it made people upset. This map represents areas in the community that we are potentially looking at permitting or allowing this type of use. All the green areas are industrial sites within the community. This would be both for the indoor gun range and also for indoor paintball courses. The proposed amendment dealing with the gun range would add conditional use permit standards for the gun ranges in the business districts. The issues, and those show up on pages 6 and 7 of the staff report. What we tried to deal with were the safety issues. The design of the facility. The operation of the facility. How people use their guns. Secondly we were looking at nuisance issues in creating these standards and finally we wanted to make sure that any operator had the sufficient liability insurance. We didn't want to get too specific in all the requirements but a general guideline for them to use and these businesses will know better than the City what they need to do to make themselves safe and profitable so. We are, as I state, we're recommending 20 , \UA The applicant is requesting a 4.3% variance (681 square feet) from the 25% maximum hard surface coverage limitation for the construction of a sport court. Settlers West Subdivision O ) • Bluffs (shown in RED) -� • t, • Seasonally High Water -..: Table��' • Tree Preservation ( 1 • Clay Soils `•+` • Reverse Swates in rear f J/ yards • Storanwater Piping in rear yards • Tributary to Minnesota River Impaired Water 6 ari%two 7/19/2011 SC9tlNED is Subject Site: Existing Conditions 20o6 fr 00 laA A 7 •--6a 4 s, e� Subject Site: Proposed Conditions - Miami - ®0 Sport Court Submitted Design • Sport Base =pervious • Compacted subbase and subsurface = impervious • Seasonally Nigh Water Table • Material not recognized as pervious according to City Code /i9/zou 2 Recommendation • The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, denies Planning Case Y2011-07 for a hard surface coverage variance to construct a sport court and adoption of the Findings of Fact and Decision." 7/19/2011 3 Alk PROPOSED MOTION: "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, denies Planning Case #2011-07 for a hard surface coverage variance to construct a sport court and adoption of the Findings of Fact and Decision." SUMMARY OF REQUEST: The applicant is requesting a 4.3% variance (681 square feet) from the 25% maximum hard surface coverage limitation for the construction of a sport court on property zoned Single -Family Residential (RSF). LOCATION: 10036 Trails End Road Lot 15, Block 4, Settlers West APPLICANT: Josh Koller Philip and Stacey Burroughs Southview Design 10036 Trails End Road 1875 East 500' Street Chanhassen, MN 55317 Inver Grove Heights, MN 55077 PRESENT ZONING: Single -Family Residential (RSF) 2030 LAND USE PLAN: Residential -Low Density (1.2/4 units per acre) ACREAGE: 0.36 (15,847 square feet) DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. PROPOSAL SUMMARY The applicant is requesting a variance to allow a 29.3% hard surface coverage, or 4,646 square feet, for the construction of a 681 square -foot sport court in the rear yard of property zoned Single - Family Residential (RSF). The RSF zoning district permits a maximum of 25% hard surface coverage. The subject site is permitted 3,964 square feet site coverage. The as -built survey for the subject site reflects 24.79/6 hard surface coverage and includes the single- family home, attached three -stall garage, driveway, patio, stoop and front sidewalk. SCANNED 40 Burroughs Variance Request Planning Case 11-07 July 19, 2011 Page 2 of 7 The southern portion of the Settlers West Addition is bordered by a bluff. In addition to the bluff, the Hennepin County Regional Trail Corridor is located northwest of the site. To the east of the site are single-family homes and the border between the City of Chanhassen and the City of Eden Prairie. Water and sewer services are available to the site. Access to the site is gained off of Trails End Road, which connects to Pioneer Trail in Eden Prairie. The site is currently being used in a reasonable manner and contains a single-family home and three -car garage. The request to exceed the 25% hard surface coverage limitation for the construction of a sport court does not constitute a practical difficulty. There are other alternatives, such as installing a basketball hoop in the front yard abutting the driveway. Causing additional impact to the bluff by way of increased runoff is not in harmony with the intent and sensitivity of the development. Staff is recommending denial of the applicant's request based on the fact that the applicant has reasonable use of the property and has not demonstrated that a practical difficulty exists. Burroughs Variance Request Planning Case 11-07 July 19, 2011 Page 3 of 7 APPLICABLE REGULATIONS Chapter 20, Division 3. Variances Section 20-615 (4), RSF District Requirements, Hard Surface Coverage See 20-905 (6) Single-family dwellings BACKGROUND The property is located on Lot 15, Block 4, Settlers West, which is zoned Single -Family Residential (RSF). The subject property is 15,847 square feet in area. It has a lot frontage of 80 feet (90 feet at the building setback line) and approximately 150 feet in depth. The minimum lot dimensions in the RSF district are 15,000 square -foot lot, 90-foot lot frontage and 125-foot lot depth. This lot exceeds the minimum requirements for the RSF district. The building permit for the proposed home, garage, driveway, front sidewalk, and a 180 square - foot patio on the property was approved on June 6, 2006. The building permit reflected a hard surface coverage of 24.7% or 3,922 square feet. The maximum impervious surface in the RSF district is 25% or 3,964 square feet. In an attempt to minimize hard cover issues and ensure residential properties have a minimum 100 square -foot future patio expansion area, on July 6, 2006, the City amended Sec. 20-905: Single-family dwellings (6) "Where access doors are proposed from a dwelling to the outdoors, which does not connect directly to a sidewalk or stoop, a minimum ten -feet by ten -feet hard surface area shall be assumed. Such surface area must be shown to comply with property lines, lake and wetland setbacks; may not encroach into conservation or drainage and utility easements; and shall not bring the site's hard surface coverage above that permitted by ordinance." While the building permit for the subject site was approved prior to the above ordinance amendment, the building permit included a 180 square -foot patio in the hard surface coverage calculations. ANALYSIS The applicant is requesting a 4.3% hard surface coverage variance from the 25% maximum hard surface coverage. The lot area is 15,847 square feet. The original building permit occupied 3,922 square feet of hard cover, this included outdoor improvements. 0 Burroughs Variance Request Planning Case 11-07 July 19, 2011 Page 4 of 7 0 Burroughs Variance Request Planning Case 11-07 July 19, 2011 Page 5 of 7 Prior to the public hearing, the applicant applied for a Residential Zoning Permit to remove the existing patio and install a 168 square -foot patio and 54 square feet of stone steppers. These improvements bring the site to 25% hard surface coverage, maximizing the site coverage. In addition to the previous improvements, the applicant is requesting a variance to construct a 681 square -foot sport court, which brings the site to 29.3% hard surface coverage. The applicant contends that the proposed sport court would be pervious and would allow for more infiltration than would occur if the area was left as traditional lawn. To support this position, the applicant has provided a study prepared, at the request of Sport Court, Inc., by the Utah Water Research Laboratory at Utah State University. In summary the study fords that the Hydraulic Conductivity, or the rate at which water passes through the SportTile is greater than gravel, sand and other soil types. This indicates that the sport tile would not be the limiting factor for the infiltration rates in the area but rather that the underlying materials would limit infiltration. The authors draw the same conclusion on page 7 of the report. The soils in this area are Kilkenny -Lester Loams. These soils are in the Hydrologic Group C which has a high potential for runoff and can have an infiltration rate as low as 0.05 inches per hour. The seasonally high water table is within three (3) feet of the surface and the soil has approximately 40% clay by volume. These soils compact readily to the point where they are virtually impervious. The Installation Instructions SportBaseTm prepared by Sport Court, and provided by the applicant, instructs on page 2 of 6 that after excavation, the subgrade shall be compacted. It then goes on to state in the next section that the base material should be compacted as well. This will effectively render the sport court area impervious; negating any benefit derived from the hydraulic conductivity of the SportBaseTm. When storm sewer systems are designed, it is inherent that certain assumptions are made in order to model anticipated runoff volumes and rates. One assumption is that no lot will have greater than 25% hardcover. If several individual lots exceed this 25%, then the storm sewer infrastructure becomes inadequate for the new conditions and localized flooding, infrastructure damage, erosion, stream degradation and other deleterious effects may result. Currently, Chanhassen City Code does not recognize any alternative Surface Building Permit Square Footage Proposed Square Footage Lot area 15,847 15,847 House/Garage/ Stop 2,825 2,825 Driveway 765 765 Sidewalk 152 152 Patio 180 168 Steppers - 54 Total 3,922 3,964 HSC % 24.7% 25.0% Sport Court 681 Total HSC 4,645 HSC % 29.3% Burroughs Variance Request Planning Case 11-07 July 19, 2011 Page 6 of 7 hard surface materials. If the City were to allow alternate pervious surfaces, a number of issues including site design, engineering of soils and materials, construction observation, long-term maintenance and long-term preservation would have to be addressed. Even with the resolution of these issues, it is important to note why the Minnesota Pollution Control Agency and numerous other agencies are considering alternative hard surface materials with a high hydraulic conductivity. The agency shall develop performance standards, design standards, or other tools to enable and promote the implementation of low -impact development and other storm water management techniques. For the purposes of this section, "low - impact development" means an approach to storm water management that mimic's a site's natural hydrology as the landscape is developed Using low - impact development approach, storm water is managed on -site and the rate and volume of predevelopment storm water reaching receiving waters is unchanged The calculation ofpredevelopment hydrology is based on native soil and vegetation. - Minnesota Statutes 2009, section 115.03, subdivision 5c The intent is to reduce runoff by mimicking the hydrology and hydraulics of the natural environment, not to allow for the maximization of allowed hardcover on a lot of record and then further increase hardscaping. Not only are there implications to surface water management, but there are also aesthetic implications that accompany the loss of green space. Settlers West Subdivision Significant efforts were made during the development of Settler's West to protect the bluff areas by controlling the rate and volume of runoff and maintaining existing drainage conditions. Sensitive areas were put into protective outlots and discharge points from the storm sewer conveyance system were designed and constructed with extraordinary stabilization and energy dissipation methods. As this area ultimately drains to the bluffs along the Hennepin County Regional Rails to Trails System, any potential increase in runoff rate or volume could potentially result in erosion along the bluff. While it is evident that the actual SportBase m tiles are pervious, the construction method and the existing site conditions would not result in a truly pervious system but rather in a highly compacted clay subgrade with less hydraulic conductivity than currently exists. Even in the event that proper engineering and construction could provide for adequate infiltration, the Chanhassen City Code does not make allowances for alternate pervious hard cover. If in the future the City considers allowing certain pervious surfaces, it will be important to consider the reason behind limiting hard cover and the implications and limitations of any such system. Until such a time as these issues are resolved and City Code allows for some use of alternate pervious systems in certain redevelopment or hardship circumstances, staff cannot recommend approval of the request to exceed the 25% maximum hard surface coverage limitation. Burroughs Variance Request Planning Case 11-07 July 19, 2011 Page 7 of 7 Currently, the property owners have reasonable use of a property within the RSF district as a single-family home with a three -car garage, as well as an outdoor patio/seating area already constructed on the property. While the purpose of the proposed sport court is for residential use, it is not a practical difficulty to exceed the 25% maximum hard surface coverage limitation. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached Findings of Fact and Decision: "The Chanhassen Planning Commission as the Board of Appeals and Adjustments denies Planning Case #2011-07 for a 4.3% variance from the 25% maximum hard surface coverage limitation for the construction of a sport court on property zoned Single -Family Residential (RSF), based on adoption of the attached Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Reduced copy of lot survey. 4. Utah Water Research Laboratory at Utah State University Study. 5. Public Hearing Notice and Affidavit of Mailing. gAplan\2008 planning cues\08-13 mm varianceWarianee mport.doc CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2011-07 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Com- mission will hold a public hearing on Tuesday, July 19, 2011, 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 to build a sport court on property zoned Single Family Residential (RSF) located at 10036 Trails End Road. Applicant: Josh Keller, Southview Design. 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/serv/ plan/11-07.html or at City Hall during regular business hours. All interested persons are invited to at- tend 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 (Published in the Chanhassen Villager on Thursday, July 7, 2011; No. 4525) 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. `U lS�f 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: abcdefghijkhnnopgrstu By: Gf, . �i1ilti Laurie A. Hartmann Subscribed and sworn before me on thisAl =day of 2011 Not blic JYMME J. BARK 10 NOTARY PUBLIC - MINNEBOTA My Commisslun Expires 01/31/2013 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 e• ;ti ��. , w 1�~ Carver County, MN Property Information Parcel ID:257560150 AS400 Acres: Taxpayer Name: PHILIP R & STACEY M BURROUGHS Homestead: Y Taxpayer Address: 10036 TRAILS END RD School District: 0112 Taxpayer City St. Zip: CHANHASSEN, MN 55317-4594 Property Address: 10036 TRAILS END RD Property City: CHANHASSEN GIS Acres: 0.36 Watershed District: WS 060 LOWER MN RIVER Tax Exempt: N Platname: SETTLERS WEST Die Wa .. i iemap wesaeefeeueiNCarre C( Vs Wraphk Map Scale N information Systems (GIS), h a a campO of Iareana "Eats hmn various r]1y,County, Sd , are Feaeiai ofRoas. Thu map i m a 1 Inch = 390 feet surveyed a Ie Ky rem map and is iniaalee m ee used as a W E reference. carve. Ceunty respoasiae Wairy Famaa Map Date nee nere.n. 7/6/2011 S Angie Kairies, Planner I DATE: June 30, 2011 SUBJ: Review of variance request to increase hard -surface coverage at 10036 Trails End Road, Chanhassen, Minnesota. Planning Case: 2011-07 I have reviewed the above request for a variance and have no comment. G:\Pl.AN12011 Planning Cases\I 1-07 Burroughs Variance-10036 Trails End Road`envspecialislcomments.doc SCANNED Memorandum TO: Angie Kairies, Planner FROM: Terrance Jeffery, Water Resources Coordinator DATE: June 28, 2011 RE: Southview Design request for variance from §20-615 10036 Trails End Road The lot in question currently has 25% hard cover which is the most hardcover allowed by code for single family residential lots. The applicant desires to add a sport court totaling 681 square feet in area which would bring the total hard cover on the lot to 29.3% which exceeds the allowable hardcover area. Pervious Surface The applicant contends that the proposed sport court would be pervious and would allow for more infiltration than would occur if the area was left as traditional lawn. To support this position, the applicant has provided a study prepared, at the request of Sport Court, Inc. by the Utah Water Research Laboratory at Utah State University. This report has been attached to this memorandum. In summary the study finds that the Hydraulic Conductivity, or the rate at which water passes through the SportTile is greater than gravel, sand and other soil types. This indicates that the sport tile would not be the limiting factor for the infiltration rates in the area but rather that the underlying materials would limit infiltration. The authors draw the same conclusion on page 7. The soils in this area are Kilkenny -Lester Loams. These soils are in the Hydrologic Group C which has a high potential for runoff and can have an infiltration rate as low as 0.05 inches per hour. The seasonally high water table is within three (3) feet of the surface and the soil has approximately 40% clay by volume. These soils compact readily to the point where they are virtually impervious. The Installation Instructions SportBase'" prepared by Sport Court, and provided by the applicant, instructs on page 2 of 6 that after excavation, the subgrade shall be compacted. It then goes on to state in the next section that the base material should be compacted as well. This will effectively render the sport court area impervious; negating any benefit derived from the hydraulic conductivity of the SportBase TM. Purpose When stormsewer systems are designed, it is inherent that certain assumptions are made in order to model anticipated runoff volumes and rates. One assumption is that SCA1414ED .1- • no lot will have greater than 25% hardcover. If several individual lots exceed this 25% the stormsewer infrastructure becomes inadequate for the new conditions and localized flooding, infrastructure damage, erosion, stream degradation and other deleterious effects may result. Currently Chanhassen City Code does not recognize any alternative hard surface materials. If we were to allow alternate pervious surfaces a number of issues including site design, engineering of soils and materials, construction observation, long term maintenance and long term preservation. Even with the resolution of these issues it is important to note why the Minnesota Pollution Control Agency and numerous other agencies are considering alternative hard surface materials with a high hydraulic conductivity. The agency shall develop performance standards, design standards, or other tools to enable and promote the implementation of low -impact development and other storm water management techniques. For the purposes of this section, "low -impact development" means an approach to storm water management that mimic's a site's natural hydrology as the landscape is developed. Using low -impact development approach, storm water is managed on -site and the rote and volume of predevelopment storm water reaching receiving waters is unchanged. The calculation of predevelopment hydrology is based on native soil and vegetation. - Minnesota Statutes 2009, section 115.03, subdivision 5c The intent is to reduce runoff by mimicking the hydrology and hydraulics of the natural environment, not to allow for the maximization of allowed hardcover on a lot of record and then further increase hardscaping. Not only are there implications to surface water management, there are also aesthetic and financial implications that accompany the loss of green space. Other Considerations Significant efforts were made during the development of Settler's West to protect the bluff areas by controlling the rate and volume of runoff and maintaining existing drainage conditions. Sensitive areas were put into protective outlots and discharge points from the stormsewer conveyance system were designed and constructed with extraordinary stabilization and energy dissipation methods. As this area ultimately drains to the bluffs along the Hennepin County Regional Rails to Trails System, any potential increase in runoff rate or volume could potentially result in erosion along the bluff. Conclusion and Recommendation While it is evident that the actual SportBasel tiles are pervious, the construction method and the existing site conditions would not result in a truly pervious system but rather in a highly compacted clay subgrade with less hydraulic conductivity than currently exists. Even in the event that proper engineering and construction could provide for adequate infiltration, the Chanhassen City Code does not make allowances for alternate pervious hard cover. If as we move forward, the City considers allowing certain pervious surfaces, it will be important to consider the reason behind limiting hard cover and the implications and limitations of any such system. Until such a time as these issues are resolved and City Code allows for some use of alternate pervious systems in certain redevelopment or hardship circumstances, I must recommend the request for variance be denied. \\cfsS\dsS\Shared_Data\ENG\Terry\Planning\2011\Trails End Rd 10036\Memorandum.docx 0 Is MEMORANDUM TO: Angie Kairies, Planner I FROM: Jerrie Mohn, Building Official DATE: June 20, 2011 SUBJ: Review of variance request to increase hard -surface coverage at 10036 Trails End Road, Chanhassen, Minnesota. Planning Case: 2011-07 I have reviewed the above request for a variance and have no comment. G IPLAM?01 I Planning Cases\I 1-07 Bmmughs Variancr10036 Trails End Road\buildingofficialcommenus.doc SCANNED 0 CITIOF C9IAAISSFN Date: June 20, 2011 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: July 1, 2011 By: Angie Kairies, Planner I 952-227-1132 akairies@ci.chanhassen.mn.us Subject: Request for Variance from the hard surface requirement of Section 20-615 of the Chanhassen City Code to build a sport court on property zoned Single Family Residential (RSF) located at 10036 Trails End Road. Applicant: Josh Keller, Southview Design. Owner: Stacey & Phil Burroughs. Planning Case: 2011-07 PED: 25-7560150 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on June 17, 2011. The 60-day review period ends August 16, 2011. 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 July 19, 2011 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 1.2011. 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 Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED Carver County, MN � 1a r 10012 . ' 10024 � r f0005 1 1001I +'r . 10022 i - loon � � i 1ooe4 . t laoge Property Information Parcel ID: 257560150 AS400 Acres: Taxpayer Name: PHILIP R & STACEY M BURROUGHS Homestead: Y Taxpayer Address: 10036 TRAILS END RD School District: 0112 Taxpayer City St. Zip: CHANHASSEN, MN 55317-4594 Watershed District: WS 060 LOWER MN RIVER Property Address: 10036 TRAILS END RD Tax Exempt: N Property City: CHANHASSEN Platname: SETTLERS WEST GIS Acres: 0.36 Ds immer Th. map waa «setae wing carver Canty'. ceograi Map Scale InfombEorl systems (Gs). dis a mnpaaeon of mfonmabmiw d iata borneybo11r1Ch=213 feet venous cry.Cwnn, State aM Federal ofbmshis . Tmap is nal a sarved a legalty recorded map arM is iMer oed to be used as a reference. Carver County is not responaiNe for any inamsetles Map Date oaeained herein. 6/20/2011 City of Chanhassen P O BOX 147 CHANHASSEN MN 55317 06/20/2011 2:16 PM Receipt No. 0160017 CLERK: bethany PAYEE: Southview Design Inc 1875 50th St E Inver Grove Heights MN 55077 Burroughts Variance -Planning Case 2011-07 ------------------------------------------------------- Use & Variance 200.00 Recording Fees 50.00 Sign Permit 200.00 Total Cash Check 27556 Change 450.00 0.00 450.00 0.00 SCANNED n u BURROUGHS VARIANCE - PLANNING CASE 2011-07 $200.00 Variance $200.00 Notification Sign $50.00 Recording Escrow $450.00 TOTAL $450.00 Less Check #27556 from Southview Design $0.00 BALANCE SCANNED SOUTHVIEW DE GN, INC. CIT33 City of Chant n Is ' 6-17-11 6.17.11 Permit 450.00 SCAHNED 27556 450.00 6-17-11 27556 450.00 .00 450.00 Carver County, MN Disdelmer. This map was aeeteEusingCarverC tyaCe niphio Map Scale N Infarmanon Systems (GIS), a is a uampilam of IMomiedm and eats fmm 1 inch = 151 feet various id ar I ally Sete, era Federal offices. This map is n s a W E surveyed. legally re my is map and is Intended lu m used as s reference. Carver County is not responsible fw any Inaxurades wnlained herein. Map Date 6/17/2011 S SCANNED n u 11 Property Card Taxpayer Information Taxpayer Name PHILIP R & STACEY M BURROUGHS Mailing Address 10036 TRAILS END RD CHANHASSEN, MN 553174594 Property Address Address 10036 TRAILS END RD City CHANHASSEN, MN 55317 Parcel ID Number 257560150 Parcel Information Uses Res 1 unit GIS Acres 0.36 Tax Acres Plat SETTLERS WEST Lot 015 Block 004 Tax Description Building Information Building Style 2 STORY Foundation Sq Ft 2273 Bedrooms 5 Year Built 2006 Finished Sq Ft 3932 Bathrooms 4.25 Other Garage Y Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 WS 060 LOWER MN RIVER Y N N Assessor Information Estimated Market Value 2010 Values 2011 Values Last Sale (Payable 2011) (Payable 2012) Land $196,800.00 $193,400.00 Date of Sale 11/29/2007 Building $608,000.00 $585,700.00 Sale Value $1,010.000.0 0 Total $804,800.00 $779,100.00 Qualified/ Q Unqualified Disclaimer. This information is to be used for reference purposes only. Carver County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 4X.03, Subd. 21 (2000), and the user of this service acknowledges that the County shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the County from any and all claims brought by User, CARVER its employees or agents, or third pames which arise out of the users access or use of data provided. COUNTY Friday, June 17, 2011 Carver County, MN Page 1 of 1 SCANNED 04/13/2011 12:25 95222711#& CHAN PUBLIC SAFI&Y PAGE 01 Grading ---A s--Bui Z t SURVEY FOR J.Rohs Homes Inc. DESCRIBED AS :Lot 15. Block 4, SETTLERS WEST, City of Chanhassen , Hennepin County, Minnesota and reserving easements of record. POND 2 NIYL=883.0 10036 Trails End Rood 87IL=886.0 Permit Number 200601364 CITY OF :- t>3 '_�97�+Lf11jl �NGiNEEE+If: � ElE?"'. House 1,790 eq. ft. Garage = 900 sgTt. Patio - 180 3a- ft. Sidewalk — 152. s q. Driveway = 765ti q- eq.ft Front Stoop — 135sq. ft. a`P0 —sod_ �� Qo` 890.8� F/� a� h � NU6'o \ 901.4 a�L' a \ ,49 a2. `�1. Qt+ CITY OF CHANHASSEN RECEIVED JUN 1 7 2011 CHANHASSEN PLAOINING DEP- a0 Tr°n3 \ p / 'o GatOq° oa0 `� /Sffv9 �o / 898.4 q'y .0n aaa 994 Bb�T'-898.8 ^ 17y1 LOT SQ. FOOTAGE = 15,847 HOUSE SQ. FOOTAGE = 2,690 IMPERVIOUS COVERAGE = 24.7% SCANNED EXISTING ELEVATIONS BENCHMARK. • #5 I am requesting a variance for a sport court that appears to exceed the hardcover limitations. #6 Our goal is to install a sport court. The sport court system we have chosen is a completely permeable system designed to allow all water to pass through. We will install the system on a sand base that is also completely permeable, allowing all water to be able to infiltrate into the ground. Therefore this system should not be considered hardcover, so the landscape being installed will not exceed the hardcover requirements. SCANNED Surveyor s Certificate SURVEY FOR : J.Rohs Homes Inc. r DESCRIBED AS : Lot 15. Block 4, SETTLERS WEST, City of Chanhassen , Hennepin County, Minnesota and reserving easemen}s of record. POND 2 NWL=883.0 RWL=886.0 �884.7 \L ski mar 13o 5.8 0� Ck -,."/ ��1 O n CG 1V! 01 o\ � ie oca / ro �`T 93.4 890.E oo'c o 93. `� a� 8 .5 / o u 893.6Oo h� OO 695.9 893.0 / op o't \0 892 / 117Y ���ES5EN JUN 2 6 2006 ENGINEERING DEPT. o \ 893.7 B98.2 'i \ 00 00 0 \ CONTACT DEVELOPER FOR SANITARY SEWER AND WATER SERVICE LOCATION r0eitt p C !X m < A n Gy - n 4Zm1�� �1 Cz-1.3 at Oioaat AA>C0tz�zz . A O'121j 2 �=dzJD�"rQ 5.Z C r Z irrn'A=jCIz~ b y CI a Ci y I, n 3 898.4 sG .9 h \\ \ Trans \ ` 898.7 i, 590.7 10 898. rtiCb i A 899.4 ` / ���i 1y� 060 /3`Jf 899.8 House = 1,790 sq. ft. LOT SQ. FOOTAGE = 15,847 Garage = 900 eq.ft. HOUSE SQ. FOOTAGE = 2 690 Patio l 180 sq. ft. Sidewalk = 152 � s .ft, Driveway-7 135sIMPERVIOUS COVERAGE = 24.7% Front Stoop = 135eq.ft. ft. PROPOSED ELEVATIONS Top of Foundation =_902.5 Garage Floor = 902.1 Basement Floor = 893.5 Aprox. Sewer Service = Verify Proposed Elev. Existing Elev. Drainage Directions =— Denotes Offset Stake = SCALE: 1 Inch - 30 feet APPROVED BYf ��i�A DEPT: p N 9 DATE: _0(0 BY• DEPT Ce— DATE: BY: DEPT: DATE: z(0 t BENCHMARK, TNH= 16&15/4 EL= 902.45 MIN. SETBACK REQUIREMENTS Front —3D House Side — 1D Rear —30 Garage Side-10 JOB NO: HEDL iVND I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION 06R-245 OF THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION AND DOES NOT PURPORT TO BOOK: PAGE: /'LANNlNG ENGINEERING SORVE77NG SHOW IMPROVEMENTS f �PROVVEMENTTS'ORE CROACHMENiS, EXCEPT AS SHOWN. 2005 Eagan, MN OakDrive DATE —J 31 0O D, CAD FILE: Phone: (651) 405-6600 R Y D. LINDGREN, LAP SURVEYOR Misc-06 Fax: (651) 405-6606 MI SOTA LICENSE NUM ER 1437E SCANNED Grading -As -Hilt SURVEY FOR : J.Rohs Homes Inc. DESCRIBED AS :Lot 15, Block 4, SETTLERS WEST. City of Chanhassen , Hennepin County, Minnesota and reserving easements of record. POND 2 NWL=883.0 10036 Trails End Road HWL=886.0 Permit Number 200601364 s-ITY OF e, 6 r6;,8SEN n��rtl r ielp. t_R 116 1007 ENGINEERING ❑EP'E House - 1,790 sq. ft. Garage = 900 sq.ft. Patio = 180 sq. ft. Sidewalk - 152 a .ft. Driveway - 765+/- sq.rt. Front Stoop - 135aq. ft. EXISTING ELEVATIONS 1b`1 KA ig Cb 6c? —sod— O/os a7t7 7 •!' e9o.e �ry� �\•s � �a� ?dry/ / o0 / T.8897. / 8-893. E-893.5 T=got 0, \ B=B97. O b \ \ E-898.5 O O NSG 89��2 901.4 ti 41 9ob.3 .� 'Oo y/ /SJ G o O 'b \ \ 5�i+\ titi9� \\ y9 S$ \ \ bans 899.0 / 10 o� � /fir=s o 898.4 b 994 Pe / 902.45" v B�899.8 LOT SQ. FOOTAGE = 15,847 HOUSE SQ. FOOTAGE = 2,690 IMPERVIOUS COVERAGE = 24.7% Top of Foundation = 902.7 Garage Floor = 902.3 Basement Floor = 893.7 Existing Elev. _ Drainage Directions = d E"F:FaE(1 SCALE: 1 Inch - 30 feet BENCHMARK, TNH= 16&15/4 EL= 902.45 MIN. SETBACK REQUIREMENTS Front —3o House Side — 10 Rear —30 Garage Side-10 JOB NO: HEDLUMD I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION 06R-245 OF THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION AND DOES NOT PURPORT TO BOOK: PACE: PLANNING ENGINEERING SURf1EYINC SHOW IMPROVEMENTS OR ENCROACHMENTS, EXCEPT AS SHOWN. 2005 Pin Oak Drive �/20 �1 -7 Eagan, MN 55122 DATE /Q � CAD FILE: Phone: (651) 405-6600 R Y D. LINDGREN, ND SURVEYOR Misc-06 Fax: (651) 405-6606 IHI ESOTA LICENSE NUMBER 14376 SCANNED