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CAS-08_FRETHAM 19TH ADDITION INCOMPLETE SUBMITTALPC DATE: 99444 �~I CC DATE: I Y OF CHANHASSEN REVIEW DEADLINE: Oct. 14, 2014 CASE #: 2014-08 BY: AF, RG, TH, TJ, ML, JM, JS PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve the preliminary plat creating four lots, approve the hard cover variances -for Lots I and 3 of 7.4 percent (32.4 % hardcover) and 3.2 percent (28.2% hard cover), respectively, as well as the front setback variance for Lot I of 10 feet (20-foot front setback on Bretton Way) subject to the conditions of the staff report and adopts the attached Findings of Fact and Recommendation." SUMMARY OF REQUEST: The developer is requesting preliminary plat review for a four -lot subdivision with variances for hard cover and setback. The plan set was prepared by Campion Engineering Services, Inc. dated January 3, 2014 and last revised August 11, 2014. These plans were submitted on behalf of the applicant Lakewest Development and were received by the City of Chanhassen on August 15, 2014. The plan set included six pages and a stormwater management design summary. The plan set did not include a drainage map showing pre- and post -development drainage areas. LOCATION: 6397 and 6411 Bretton Way 09NW PID 25-6820030 & 25-6940030 APPLICANT: Lakewest Development, LLC. Naomi Carlson Ben Wikstrom 6411 Bretton Way 14525 Highway 7, Suite 102 Chanhassen, MN 55317 Minnetonka, MN 55345 (952)653-2189 ben@lwestdev.com PRESENT ZONING: Single -Family Residential District, RSF 2020 LAND USE PLAN: Residential Low Density (net density 1.2 — 4.0 units per acre) ACREAGE: 1.51 acres DENSITY: 2.65 units per acre LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. Planning Commission Fretham 10 Addition — Planning Case 2014-08 September 16, 2014 Page 2 of 17 The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting preliminary plat approval to create four single-family lots with a variance from the 25 percent hardcover for Lots 1 and 3, and a setback variance for Lot 1 to move the buildable area away from the existing driveway which serves the property to the northeast. The hard cover request is to permit 32.4 percent impervious surface on Lot 1 and 28.2 percent impervious surface on Lot 3. The setback variance is to permit a 20-foot setback from Bretton Way for Lot 1. Redevelopment of these parcels with new single-family homes would be beneficial to this neighborhood and the community and eliminate a non -conforming use. Site Information There were no indications that any jurisdictional wetlands exist on site. The site does not have any bluff conditions. The property drains to Christmas Lake but is just outside of the 1000-foot overlay district. Currently the site has two buildings and a gravel drive and parking surface with limited tree cover. APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 20, Article II, Division 3, Variances Chapter 20, Article X1I, "RSF" Single -Family Residential District BACKGROUND On March 11, 2013 the Chanhassen City Council approved the change in nonconfomung uses at 6411 Bretton Way and adopted performance standards as a guide to the continuing use of the building. The Chanhassen City Council approved Curry Farms 2nd Addition on July 15,1988. RLS 105 dated 6/17/1988 creates the parcel around the building containing commercial uses. 1986 — Property zoned Single Family Residential (RSF) from Rl a (residential agricultural). 1970s — Precision Manufacturing Company, parts manufacturing, tool and die. Planning Commission Fretham 19's Addition — Planning Case 2014-08 September 16, 2014 Page 3of17 September 16, 1964 — Registered Land Survey 28 creates the parcels containing the house and buildings as well as many of the parcels in the neighborhood. SUBDIVISION The applicant is requesting subdivision approval to create four single-family lots with variance requests for front yard setback from Bretton Way on Lot 1 and hard cover variances for Lots 1 and 3. -- -, ! .ay I -------------- F 1 I , EASEMENTS AND PRELIMINARY PLAT There are several existing easements within the project boundary: 1. Easement for utility purposes for Northwestern Bell Telephone dedicated in 1956. Staff has not received a copy of this easement and therefore unable to determine if the project proposal conflicts with this easement. 2. Deed easement dated August 2, 1969. This easement is along the northwestern 14 feet of the property in favor of 6305 Teton Lane. This is not a public easement. Planning Commission Fretham 19a' Addition — Planning Case 2014-08 September 16, 2014 Page 4 of 17 3. Deed easement dated September 16, 1969. This easement is along the northern 14 feet of the property in favor or 6281 Teton Lane. This is not a public easement. A sanitary sewer service to 6281 Teton Lane also lies within this easement. ------------ (�81 Telan ./ pf IWOM MM �"=iCia�an`aes usro¢oeaarrr _ 4 �-+ 6 iY Planning Commission Fretham 19s' Addition — Planning Case 2014-08 September 16, 2014 Page 5 of 17 4. Easement for ingress and egress purposes dated January 30, 1971, document T15149. This is not a public easement. This easement conflicts with the building pads shown on Lots 3 and 4. A portion of this easement lies within the Bretton Way right of way, therefore, this easement must be extinguished prior to final plat approval. -- - I Mff i , I _ I a•-e .,�..� - ias��•ri I � I _ C � �,.=�=E�ti7a' �i¢.^'S_r•-ri3n a{ -____ I � ' -_ - 5. Easement for road purposes dated December 21, 1972, document TI7882. This is not a public easement. This easement conflicts with the proposed building pad on Lot 2. A portion of this easement lies within the Bretton Way right of way, therefore, this easement must be extinguished prior to final plat approval. Planning Commission Fretham 10 Addition — Planning Case 2014-08 September 16, 2014 Page 6 of 17 I i 'NII --_— rr�*yaw :vTM,emrrory m�� _ — o_t.i�ca �wa»Fs.oa� e+Exr CenterPoint Energy reviewed the proposal and indicated that a gas line with four services extends along the northern portion of the subject property, as shown in blue below (approximate parcel boundaries shown in yellow). There is no evidence of an easement that covers this gas line in its entirety. Prior to final plat submittal the developer shall coordinate with the gas company to verify the location of the gas line. If the gas line is not within an existing easement, the developer must provide and dedicate the necessary easement or relocate the gas line to lie within an easement area in accordance to CenterPoint Energy's specifications. Planning Commission Fretham 10 Addition — Planning Case 2014-08 September 16, 2014 Page 7of17 The oversized perimeter drainage and utility easements on the north side of Lots 1 and 3 are not necessary. These easements can be reduced to 10 feet. STREETS AND ACCESS Access to three of the proposed lots will be from Bretton Way with the fourth lot off of Teton Lane, 31-foot wide public streets within a 50-foot wide right of ways. These streets were constructed with the Curry Fames 2°a Addition improvements; therefore, no public road improvements are proposed or required with this development. A portion of the existing private gravel surface on the north side of the property is not within the deeded easements; therefore, the developer proposes to relocate these portions so that they are within the easement area. Additionally, a portion of the gravel surface on Lot 1 is proposed to be disturbed for grading purposes. Any portion of the gravel surface that is disturbed with this development shall be paved. It is the developer's responsibility to coordinate access to the gravel surface with the affected residents during construction. GRADING AND DRAINAGE AND RETAINING WALLS -1� S 1 I � I � The developer proposes to mass grade the site. The site drops between 14 and 34 feet from the north to the south. Due to the severity of the grades the developer proposes to construct a 305- foot long retaining wall on the north side of the property. The maximum height of this wall is 12 feet and shall comply with the following: 1. A building permit is required, 2. The design shall comply with the Minnesota Department of Transportation standards for retaining walls, 3. The drainage design for the wall shall consider the surface runoff that will sheet drain towards the wall, Planning Commission Fretham 19' Addition — Planning Case 2014-08 September 16, 2014 Page 8 of 17 4. The wall crosses over property lines and therefore it shall be built in conjunction with the subdivision and a homeowners association must be formed to own and maintain the wall, 5. An encroachment agreement will be required before the retaining wall building permit is issued if the retaining wall is to be installed within the platted drainage and utility easement. 6. It appears that the construction of the wall will encroach into both of the deeded easements. The developer shall ensure that the wall construction does not compromise the private sanitary sewer service or the gas line in the area. 7. The developer shall install a barrier (fence, berm, landscaping or other barrier) between the private gravel street and the top of the retaining wall. The driveway grades on Lots 1 and 2 appear to exceed the 10% maximum allowed by ordinance. All driveways within the development shall meet the 10% maximum driveway slope. The developer is encouraged to consider a driveway design that many homeowners desire which includes a landing (typically 3%) at each end of the driveway (at the street and at the garage). The submittal does not include a drainage map as is required. The applicant must submit the drainage map prior to any final plat approvals. A review of city GIS data indicates that the majority of the site (DA2 and DA3) drains from north by northwest to southeast with much of this drainage area going into a culvert under the driveway at 6421 Bretton Way. This culvert does not have a drainage and utility easement and is not part of the public storm sewer system. The remainder of this drainage area drains to Bretton Way where the storm water is collected in the gutter and directed into the catch basin manholes in front of 6431 Bretton Way before discharging into pond CLrP1.12 south and east of the subject property and subsequently discharging into the channel draining to Christmas Lake. This channel is deeply incised and has significant headcutting as a result of the flashy nature of the flow through the channel, as well as the sheer volume of runoff. It is important that the Figure 1- Subject property existing drainage conditions private culvert and the downstream conditions are taken into consideration with the development of this site. The most extreme westerly portion of the property drains to the catch basin manhole at the comer of Teton Lane and Bretton Way and is routed south before entering the same pond before discharging to Christmas Lake. Under the proposed conditions, it appears that the drainage areas remain relatively consistent in direction. The routing will change slightly as the development proposes to incorporate two (2) rain gardens with three (3) culverts providing conveyance between the features. The applicant is proposing to direct a significant portion of the site drainage to the private culvert under the driveway at 6421 Bretton Way. The discharge should be brought to a public system where the City has the ability to access and maintain the conveyance for public benefit. To this end, the applicant shall either procure a drainage and utility easement over the entirety of the culvert or Planning Commission Fretham 19`s Addition — Planning Case 2014-08 September 16, 2014 Page 9 of 17 they shall install a catch basin manhole in Bretton Way just west of the driveway for Lot 4 and tie this into the existing public stone sewer system. If the applicant chooses to procure an easement to the benefit of the city, the culvert must be modeled to assure adequate capacity exists to handle the ten (10) year storm event and provide for a safe and stable emergency overflow. The other area of concern is regarding of the drive in the easement north of Lot 1. The proposed condition will direct water at the back of the house. The applicant must redesign the drainage to avoid this condition or provide evidence, satisfactory to city staff, that the condition will not have deleterious effects on the property. STORMWATER MANAGEMENT The applicant is proposing to use two rain gardens to provide volume reduction for the first 1. inch of rainfall and to meet water quality standards. Staff has reviewed the assumptions regarding post -development impervious surface coverage as it pertains to required infiltration volume and finds the impervious surface calculations confusing and disparate. Some of the discrepancies are shown in the following table. PROPOSED IMPERVIOUS AREAS — Per Stormwater Management Summary Subcatchment Areas PROPOSED IMPERVIOUS AREAS — Per Preliminary Plat (Sheet No. 3 of 6) Subcatch hn envious - SF Gravel* - SF Existing Drive Proposed House, etc 2S 609 568 Lot 1 2,987 2,763 3S 3,707 2,247 Lot 2 813 2,970 4S 3,197 954 Lot 3 1,605 3,199 5S 3,945 1,847 Lot 4 50 3,535 6S 778 122 SUM 5,455r 12,467 0.286ac SUM 1 12,236 0.281 ac 5,738r COMBINED IMPERVIOUS 17,974 SF 0.413ac COMBINED IMPERVIOUS 17,922 SF 0.411 ac Table 1. Impervious areas discrepancies as shown on preliminary plat and in stormwater summary. *Gravel is considered impervious. To remain consistent with the nomenclature used in the Stormwater Design Management Summary it has been included in a separate column. rThese numbers should be equal as they are both based off the same development scenario The calculated impervious from the storm water management summary is not consistent with the proposed impervious shown on the preliminary plat sheet. Further, when compared to the numbers on the Existing Conditions and Removal Plan (Sheet 2 of 6) which shows a combined impervious surface area of 17,985 square feet, there is an even larger discrepancy. The applicant must provide clarification to resolve the disparate impervious surface calculations and assure adequate volume reduction. Planning Commission Fretham 19th Addition — Planning Case 2014-08 September 16, 2014 Page 10 of 17 Regardless of the final overall impervious surface calculations, the proposed water quality volume is inadequate for any of the three calculated areas shown within the plan (17,922 SF to 17,985 SF). The water quality volume provided for appears to be adequate to address 1.1 inches of runoff from 0.28 acres or approximately 12,200 square feet. Given the applicant has calculated the impervious surface area to be 12,236 SF (0.281 acres) it seems apparent that this area was used to calculate necessary infiltration/water quality volume and that the gravel drive was discounted from the calculations. However, the infiltration/water quality volume should accommodate runoff from all impervious surfaces. This is as much as 1,800 cubic feet depending upon what the actual total impervious surface area is. The proposed stormwater management only provides an infiltration/water quality volume of 1,305 cubic feet. Because of the known downstream issues and the request for a variance from the 25% hardcover requirement, the need to provide adequate volume reduction becomes more paramount. The applicant shall provide infiltration/water quality volume adequate to address the volume reduction requirements for the runoff from all impervious surfaces in the development. Figure 2 - Exposed sanitary sewer within channel to Christmas Lake downstream of site The applicant must provide a detail of the rain gardens which is consistent with the recommendations and requirements of the Minnesota Stormwater Manual before final plat approval. This should include engineered soils, underdrains if any are proposed, energy dissipation at the culverts, cross -sectional profile views, emergency overflow stabilization, planting schedule, and any other appurtenant features. The proposed rain gardens bounce up to 23 inches. The Minnesota Stone Water Manual requires that the rain gardens draw down within 48 hours and that Hydrologic Soils Group (HSG) C soil have a maximum ponding depth of 9.6 inches. The applicant shall provide a hydrograph showing the duration of ponding and shall reduce the ponding depth so the bounce does not exceed MN Storm Water Manual guidance or correct the soils and demonstrate that they are commensurate with HSG A or B soils. The culverts and rain gardens will be privately owned and maintained. The applicant must provide an operations and maintenance manual as well as describe who will be responsible for the maintenance of the rain gardens and what assurances will be in place. The responsible party must submit bi-annual reports to the Water Resources Coordinator every spring and fall. The City has developed template operations and maintenance manuals and inspection forms which they will make available to the applicant upon request. Drain tile services must be provided to all properties that will flow from the back to the front of the lot. Planning Commission Fretham 190'Addition — Planning Case 2014-08 September 16, 2014 Page 11 of 17 GRADING AND EROSION PREVENTION/SEDIMENT CONTROL The total disturbance will exceed the minimum one acre threshold and will require a National Pollution Discharge Elimination System Construction Permit. The applicant has developed a preliminary Surface Water Pollution Prevention Plan. This plan does not have all the required elements and must be amended to include these elements prior to final approval. The most noteworthy elements absent from the SWPPP include the following: 1. Quantity of erosion prevention and sediment control materials. This shall include all topsoil, engineered soils and final vegetation establishment. 2. List of persons responsible for the SWPPP design, SWPPP implementation, and day to day site operations. 3. Sequencing of all site activities. It is particularly important that they identify when the rain gardens will be constructed and how they will be protected throughout the life of the project. 4. Pre -construction and post -construction drainage boundaries. 5. Receiving waters including distance and direction. This is not intended to be an exhaustive list of required elements. The applicant must review the NPDES permit and assure that all required elements are included in the SWPPP prior to final plat approval. The applicant must include all elements required under Chapter 19 of City Code. Most noteworthy is the requirement of six inches of topsoil. SANITARY SEWER AND WATER MAIN Sanitary sewer and water main were installed within Bretton Way in conjunction with the Curry Farms 2°a Addition improvements. Sewer and water services to each of the proposed four lots were installed by the Curry Farms 21 Addition developer; therefore, the sewer and water lateral fees do not apply. One City Sanitary Sewer Access Charge (City SAC) and one City Water Access Charge (City WAC) were assessed to the property in 1990 and have been paid. Prior to final plat approval the developer shall identify which of the four lots receive the City SAC and City WAC credit. The remaining three lots shall be subject to the City SAC and WAC, 30% of which will be collected with the final plat at the rate in effect at the time of final plat approval. All lots are subject to the Metropolitan Council Environmental Services Sanitary Access Charge (MCES SAC), which is paid with the building permit. A portion of the private sanitary sewer service to the home located on 6281 Teton Lane will encroach into the platted drainage and utility easement; therefore, an encroachment agreement is required. Planning Commission Fretham 19s' Addition — Planning Case 2014-08 September 16, 2014 Page 12 of 17 LANDSCAPING AND TREE PRESERVATION The applicant has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding wetlands) 1.51 ac. or 65,775 SF Baseline canopy coverage 25% or 16,443 SF Minimum canopy coverage allowed 30% or 19,732 SF Proposed tree preservation 5% or 3267 SF Developer does not meet minimum canopy coverage allowed; therefore, the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage 16,465 SF Multiplier 1.2 Total replacement 19,758 SF Total number of trees to be planted 18 trees The total number of trees required for the development is 18. Applicant has proposed a total of 18 trees planted throughout the 4 lots. There are no bufferyard requirements for this subdivision. lMlsj Bit WaW ROMI The existing buildings on the property, including sheds, house and the long building will need to be demolished prior to recording of the final plat since accessory buildings are not permitted without a principal structure and the buildings will be located across lot lines. Appropriate permit(s) are required for the demolition or moving of any existing structures. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued. Retaining walls over four feet high require a permit and must be designed by a professional engineer. Each lot must be provided with separate sewer and water services. Since the site has been used for some industrial and commercial uses in the past including machining operations, tool and die and painting, it would behoove the developer to perform an environmental audit of the property to determine if there are any environmental issues that need to be addressed. The developer shall perform a phase I environmental audit on property surrounding the commercially used building. The developer shall ensure that the necessary easement is in place so that the future property owner of Lot 2 can access the northern tip of the property. Staff foresees this area being used for permissible storage on Lot 2. Planning Commission Fretham 19'b Addition — Planning Case 2014-08 September 16, 2014 Page 13of17 COMPLIANCE TABLE Areas . ft Frontage ft. Depth(ft.) Notes Code 15,000 90 125 Lot 1 17,771 97 199 Comer lot Lot 2 15,431 120 202 1 Lot 3 17,034 91 162 Lot 4 15,469 73 P, 186 TOTAL 65,705 1 1.51 acres L 90 feet at the building setback line permitted on cul-de-sac bubble. VARIANCE 1 / . `( Y6 The applicant is requesting variances to permit hard cover of up to 32.4 percent for Lot I and 28.2 percent for Lot 3. The reason for the hard cover variance is to accommodate the existing hard cover for the driveway serving the property to the northeast. The permissible hard cover for Ae,/) Lot 1 is 4,443 square feet. The existing driveway across Lot 1 is 2,987 square feet which ` 4 represents 1` percent of the impervious surface on the property. This would permit an additional 1,456 square feet of impervious surface. With the variance, Lot 1 would be permitted a total of 5,750 square feet of hard cover, an increase of 1,307 square feet of permissible hard cover. The permissible hard cover for Lot 3 is 4,258 square feet. The existing driveway across r�l Lot 3 is 1,605 square feet which represents,2A2ercent of the impervious surface on the property. T3.Z This would permit an additional 2,653 square feet of impervious surface. With the variance, Lot 3 would be permitted a total of 4,804 square feet, an increase of 546 square feet in permissible hard cover. Short of eliminating one lot from the development, staff is unaware of any way to permit the subdivision of this land without granting a variance. Each lot meets or exceeds the required lot standards for single-family residential lots. If the developer could remove the private street/driveway access to the lot to the northeast, then there would not be a need for a hard cover variance. However, this easement is to the benefit of that property owner and currently provides their only means of access to their property. The second variance request is to permit a 20-foot front yard setback from Bretton Way for Lot 1. This variance would permit additional separation from the building to the driveway. Staff is proposing that a minimum 10-foot setback be required from the easement to provide sufficient snow storage. Staff has evaluated the potential of moving the home to the east on Lot I and providing access to Bretton Way. However, the house design for this property is a side -loaded garage which has a different configuration then a front -entry garage, which does not appear to fit on the lot without the variance either. Planning Commission Fretham 196 Addition — Planning Case 2014-08 September 16, 2014 Page 14 of 17 Staff recommends that the Planning Commission recommend approval of the proposed development subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Subdivision with setback and hardcover variances: Buildins: l . Appropriate permit(s) required for the demolition or moving of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 4. Each lot must be provided with separate sewer and water services. En 'mg eering: The easements per Documents T15149 and T17882 must be extinguished prior to final plat approval. 2. Prior to final plat submittal the developer shall coordinate with the gas company to verify the location of the gas line. If the gas line is not within an existing easement the developer must provide and dedicate the necessary easement or relocate the gas line to he within an easement area in accordance to CenterPoint Energy's specifications. The drainage and utility easements on the north side of Lots 1 and 3 can be reduced to 10 feet. 4. Any portion of the gravel surface on the north side of the property that is disturbed with this development shall be paved. 5. It is the developer's responsibility to coordinate access to the gravel surface with the affected residents during construction. 6. The proposed retaining wall shall comply with the following: a) A building permit is required, b) The design shall comply with the Minnesota Department of Transportation standards for retaining walls, c) The drainage design for the wall shall consider the surface runoff that will sheet drain towards the wall, Planning Commission Fretham 19'b Addition — Planning Case 2014-08 September 16, 2014 Page 15of17 d) The wall crosses over property lines and therefore it shall be built in conjunction with the subdivision and a homeowners association must be formed to own and maintain the wall, e) An encroachment agreement will be required before the retaining wall building permit is issued if the retaining wall is to be installed within the platted drainage and utility easement. f) The developer shall ensure that the wall construction does not compromise the private sanitary sewer service or the gas line in the area. g) The developer shall install a barrier (fence, berm, landscaping or other barrier) between the private gravel street and the top of the retaining wall. 7. All driveways within the development shall meet the 10% maximum driveway slope. The developer is encouraged to consider a driveway design that many homeowners desire which includes a landing (typically 3%) at each end of the driveway (at the street and at the garage). 8. Sewer and water services to each of the proposed four lots were installed by the Curry Farms 2°d Addition developer; therefore, the sewer and water lateral fees do not apply. 9. Prior to final plat approval the developer shall identify which of the four lots will receive the City SAC and City WAC credit. 10. The remaining three lots shall be subject to the City SAC and WAC, 30% of which will be collected with the final plat at the rate in effect at the time of final plat approval. 11. All lots are subject to the Metropolitan Council Environmental Services Sanitary Access Charge (MCES SAC), which is paid with the building permit. 12. A portion of the private sanitary sewer service to the home located on 6281 Teton Lane will encroach into the platted drainage and utility easement; therefore, an encroachment agreement is required. Natural Resources: 1. Tree protection fencing will be required at the edge of grading limits near any preserved trees. It shall be installed prior to grading. 2. Trees required to be planted are as follows: Lot 1— 5 trees, Lot 2 — 2 trees, Lot 3 — 4 trees, Lot 4 — 7 trees. Plannine: 1. The developer shall perform a phase I environmental audit on the property surrounding the commercial building prior to recording the final plat. 2. The existing buildings on the property, including sheds, house and the long building must be demolished prior to recording of the final plat. Planning Commission Fretham 19te Addition — Planning Case 2014-08 September 16, 2014 Page 16 of 17 3. A ten -foot building setback from the access easement (Doc. No. 14111 and 14055) is required. 4. The developer shall work with the neighboring property owners to clarify the use, permitted users and maintenance responsibility of the easement. Specifically, the easement must assure that the property owner for Lot 2 may access the rear of their property via this easement. The developer shall ensure that the necessary easement is in place so that the future property owner of Lot 2 can access the northern tip of the property. A revised easement document shall be recorded with the plat. Water Resources: 1. The applicant shall either procure a drainage and utility easement over the entirety of the culvert or they shall install a catch basin manhole in Bretton Way just west of the driveway for Lot 4 and tie this into the existing public storm sewer system. In either event, the applicant shall model the conveyance choice to assure adequate capacity and provide a safe and stable emergency overflow. 2. The applicant must provide clarification to resolve the disparate impervious surface calculations and assure adequate volume reduction. 3. The applicant shall provide infiltration/water quality volume adequate to address the volume reduction requirements for the runoff from all impervious surfaces in the development. 4. The applicant must provide a detail of the rain gardens which is consistent with the recommendations and requirements of the Minnesota Stormwater Manual before final plat approval. 5. The applicant shall provide a detailed planting schedule for the rain garden areas. 6. The applicant shall provide a hydrograph showing the duration of ponding is less than 48 hours and shall reduce the ponding depth so the bounce does not exceed MN Storm Water Manual guidance or correct the soils and demonstrate that they are commensurate with HSG A or B soils. 7. The side slopes into the rain gardens shall not exceed three horizontal feet for every one vertical foot. 8. Discharge velocities into the rain gardens shall not exceed four cubic feet per second or the applicant shall provide scour calculations and adequate energy dissipation to assure erosion will not be an issue. 9. Pre-treatment shall be provided to minimise sediment deposition into the rain gardens. 10. Drain tile services must be provided to all properties that will flow from the back to the front of the lot. Planning Commission Fretham 19'h Addition — Planning Case 2014-08 September 16, 2014 Page 17 of 17 11. Erosion Control plan /SWPPP must include all elements required under Chapter 19 of City Code. 12. Engineer estimate of quantities for erosion control and sediment prevention, including those necessary for final site stabilization, shall be provided and used to calculate escrow amount. 13. A Storm Water Management Utility fee estimated to be $9,168.00 shall be paid with final plat. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Lakewest Development Co., LLC variance narrative. 4. Reduced Copy Fretham 19th Addition Cover Sheet. 5. Reduced Copy Fretham 19th Addition Existing Conditions. 6. Reduced Copy Fretham 19th Addition Preliminary Plat. 7. Reduced Copy Fretham 19th Addition Preliminary Grading Plan. 8. Reduced Copy Fretham 19th Addition Preliminary Storm Water Pollution Prevention Plan. 9. Reduced Copy Fretham 19th Addition Preliminary Landscape Plan. 10. Registered Land Survey No. 105C. 11. Registered Land Survey No. 28. 12. Memo from Gerald & Karon Story to Kate Aanenson and Bob Generous dated 9/3/14. 13. Sketch of More Desireable (sic) Position for House (on Lot 1) per Story. 14. Petition Dated August 30, 2014 Re: Case # 2014-09, Fretham 19th Addition. 15. Sheet 1 A of 2, MS, Section 1300.0180 Unsafe Buildings and Structures. 16. Sheet 2A.of 2 Dated September 3, 2014 re Owner of Hazardous Building... 17. Letter from Chuck Mayers, CenterPoint Energy, to Bob Generous Dated 9/2/14. 18. Public Hearing Notice and Mailing List. gAplan\2014 planning ma i2014-08 fretbam 19th addition\stafr'repon fretham 19th.dm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION L1112/1M Application of Lakewest Development, LLC and Naomi Carlson for Subdivision approval with variances. On September 2, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Lakewest Development, LLC and Naomi Carlson for preliminary plat approval of property to create four lots with variances for hard cover (32.4 % on Lot 1 and 28.2% on Lot 2) and a 20-foot front yard setback from Bretton Way for Lot 1. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District, RSF. 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is shown on the attached Exhibit A. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance subject to the granting of the variances requested in conjunction with the subdivision; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city s comprehensive plan since it provides a single-family home at density within those established by the comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter subject to compliance with the conditions of approval; e. The proposed subdivision will not cause significant environmental damage provided additional storm water management is provided as recommended by staff; f. The proposed subdivision will not conflict with easements of record subject to the vacation of some of the existing private easements; and g. The proposed subdivision is not premature is available or being provided as part of the subdivision. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off -site public improvements or support systems. 5. 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 subject site is zoned Single -Family Residential District. The hard cover variances are to permit homes compatible with the surrounding properties. The purpose of the setback variance request is to permit a 20-foot front yard setback to create greater separation between the building and the existing access driveway to the property to the northeast. The 10-foot encroachment into the required front yard provides adequate separation between the structure and the street and maintains the adequate separation from the driveway for snow storage. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The practical difficulty of complying with the hard cover is the existing driveway which accounts for 67.2 and 37.7 percent of the allowable coverage on the respective lots. The practical difficulty of complying with the front yard setback is due to the lot configuration of the property and the existing driveway accessing the property to the northeast. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent of the request is for a typical single-family home on the lots. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The difficulty of complying with the hard cover and front yard setback is due to the lot configuration of the property and the existing easement and driveway. e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance would be in keeping with the character of the area and permit homes typical to those in the neighborhood. £ 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. 6. The planning report #2014-08 dated September 16, 2014, prepared by Robert Generous, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the Preliminary Plat with variances. ADOPTED by the Chanhassen Planning Commission this 16' day of September, 2014. CHANHASSEN PLANNING COMMISSION M Its Chairman E]HEBTI' A Legal Description Parcel 1: Tract C, Registered Land Survey No. 105, files of Registrar of Titles, Carver Count, Minnesota. Toren Property Toren Certificate No. 18584.0 Parcel 2: Outlots C and D, Curry Fames 2' Addition, according to the plat thereof, Carver County, Minnesota. Torrens Property Torrens Certificate No. 19182.0 Parcel 3: That Part of Tract B, Registered Land Survey No. 28, Carver County, Minnesota, described as follows: Commencing at the Northeast comer of said tract, thence due South along East line of said Tract 197.74 feet; thence South 88 degrees 4 minutes West 376.7 feet; thence South 1 degree 56 minutes East, 65.33 feet to actual point of beginning of tract to be described; thence North 1 degree 56 minutes West 51.33 feet; thence South 88 degrees 4 minutes West, 101.74 feet; thence North 77 degrees 44 minutes West, 60.97 feet; thence North 67 degrees 44 minutes West, 66.07 feet; thence North 85 degrees 14 minutes West, 35.67 feet to the West line of said tract; thence southerly along said West line 24.71 feet to an intersection with a line bearing North 48 degrees 15 minutes West from a point bearing North 89 degrees 19 minutes West, 190.50 feet from actual point of beginning; thence South 15 minutes East, 92.88 feet to said point bearing North 89 degrees 19 minutes East, 190.5 feet to actual point of beginning. Torrens Property Torrens Certificate No. 27468.0 Parcel 4: Tract A, Registered Land Survey No. 105, file of Registrar of Titles, Carver County, Minnesota. 4 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF C�NgASSEN Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Date Filed: I� -1�! 60-Day Review Deadline: 10 — \4 — \4 Planner: 27 C-_;, Case #,Ao A —O C 8 ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Conditional Use Permit ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others ......................................... -.............. $425 ❑ Rezoning ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review ❑ Administrative.................................................. $100 ❑ Commercial/Industrial Districts* ...................... $500 Plus $10 per 1,000 square feet of building area Include number of existing employees: and number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit AD�IONAL REQUIRED FEES: LW Notification Sign .................................................. $200 (City to install and remove) Ly Property Owners' List within 500......... $3 per address (City to generate — fee determined at pre -application meeting) ❑ Escrow for Recording Documents.. $50 per document (CUP/SPR/VACNARNVAP/Metes & Bounds Subdivision) Project Name: Property Address or Location: I Parcel #: u` 6YPrAyn Total Acreage: • �� Subdivision ❑ Create 3 lots or less ........................................ $300 [v]� Create over 3 lots .......................$600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots.. ............................. _ ............ $150 ❑ �of Line Adjustment.........................................$150 LN6 anal Plat* .... .................................................... $250 'Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way................... $300 (Additional recording fees may apply) W/Variance............................................................... $200 ❑ Wetland Alteration Permit ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal. ..................................................... $100 ❑ Zoning Ordinance Amendment ..........................- $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the approprate Application Checklist for required submittal information that must accompany this application) TOTAL FEES: $ 112,01 " �d Received from: L-0.3�4_ NftJCa+Deyeloprne-m F- L-LC- Date Received: -° 116 1 Check Number: 4050, Section 2: Required Information Legal Description: Wetlands Present? Present Zoning: 14P n` Present Land Use Designation: Existing Use of Property: Description of Proposal: t-y_,9,J r �m 0 Check box if separate narrative is attached G % U ww_AY l 7 v-*- ❑ Yes R'No r Requested Zoning: �SY Requested Land Use Designation: lea —Low Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Addres City/State/Zip: _ Email: be'^B Signature: Contact: tn) WIPr1)U^ Phone: qzf ds3.21 91 Cell: Gl v 801. '711 Y Fax: If- FS3 mo Date: 00• /-t (� PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the informatjpq and exhibits submitted are true and correct. Name: !1/at0n) i ( Contact: Address: City/State/Zip: ry ii�tte� . M4)/ 5 59L/7 Phone: 95.2-'f 7 S/-/37L Cell: 6/-)--)f/--19.T L Email: A"An A - COA, Fax: Signa ur . Date: /V /f/ e This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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. PROJECT ENGINEER (if applicable) Name: CofALP of eV-fJA1t 4A1' J 4�26(14C5 Address: e90 191 °i✓Cbx- 4ga r-P- 6CA4&2- City/State/Zip: M47O-Eff,&W, Mn/ ll-3t4 Email: MCswrOii, A&V'in& • LNh Contact: 1f *A0V C *Mjor of�j Phone: 763471.577L Cell: Fax: Who should receive copies of staff reports? `Other Contact Information: roperty Owner Via: ['Email ❑ Mailed Paper Copy Name: Applicant Via: EDI�mail ❑ Mailed Paper Copy Address: [� Engineer Via: ZEmail ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: SCANNED LAKF_WE_ST DEVELOPMENT CO., LLC Lakewest Development is requesting two variances with the Fretham 19d' Addition Preliminary Plat application: one is to allow an impervious surface percentage over 25% on two of the proposed lots; the other is a front yard setback variance of 10' (to allow a 20-foot setback) on the Bretton Way side of the corner Lot 1. We believe that the criteria for variances are met with this application. 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. Single-family uses are a permitted use in this zoning district and are the intended use for this property, according to the City's Comprehensive Plan. We are not asking for a lot size variance, as the square footage requirement for this district is met with the proposed subdivision. We believe that single-family homes of a certain appearance in this area are what was intended when this property was zoned and guided and when the outlots that make up this property were created, and that our proposed development will be a welcomed change to the neighborhood. 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. The practical difficulties for this property are the shape of the lot and the presence of an easement serving adjacent lots. When Curry Farms 2nd Addition was platted in the early 1990's, they showed how this property could be developed with four single-family homes (and four utility services were eventually installed along Bretton Way to serve this property). Because of an easement from 1969 - the use of which is not described in the easement document, although it has been and is being used for both access and a sewer line - that is still in effect, the buildable area of the westernmost lot is reduced by between 4' and 13' for the purposes of new drainage and utility easements and maintaining a certain required width of the access drive when it serves more than one property on the west end. We explored the possibility of either purchasing the property to the north to develop it in concert with this property, or to move the access to the its north side and off of this property, but could not reach an agreement. It is likely that when the property to the north is sold and/or developed, access for both adjacent properties to the north will come from a new public street across from Ashton Court, which would meet the guiding principals and policies of the comprehensive plan and has been discussed as a preferred option with staff. At that point, the sewer service extending the length of the easement could either be relocated to the new access, or it would be within the subject property's utility easement However, since neither of these changes are a certainty, we are left with a narrow buildable area due to those existing conditions and topographic challenges, and are asking for a variance to allow the new structure to be placed closer to the Bretton Way right-of-way than is required by ordinance. Concerning the impervious surface variance request, the practical difficulty is derived from the same easement As can be seen on the table of calculations on the preliminary plat sheet, the paved easement area (shown in the "existing driveway' column) takes up fully 2/3 (67.2%) of the allowable impervious on Lot 1, and 37.7% of the allowable impervious on Lot 3. All of this impervious is present for an easement that benefits our property in no way. Please keep in mind that the amount of impervious existing on site (all buildings and drives included) is greater than what we are proposing; that the situation may be remedied in the future, as described above; and served by the easement is far below impervious limits, and will almost certainly remain so even if those properties are developed with 15,000 square foot lots, because of lot depth and width requirements, topography near and setbacks from Powers Boulevard, and other challenges that would preclude placement of too much impervious on future subdivided lots. c. That the purpose of the variation is not based upon economic considerations alone. The variance requests are not for economic reasons; we are developers that are selling lots to builders. Because Chanhassen is a desirable location, and because we meet the square footage requirements that allow four lots, we would be able to find a builder with a home design that is more vertical that what we show as the potential homes' footprints. However, we don't believe such designs would fit with the neighborhood character, so we are asking for these variances to allow a more typical design. Similarly, we don't think homes with tuck -under garages - though that design appears to be rebounding to en vogue in some areas - would fit with what exists in the neighborhood. In short, four lots and four homes are possible and will happen with or without variances, but in order to have a newer product similar to the existing Curry Farms homes, we are asking for these concessions. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Please see the above answers pertaining to the 1969 easement. 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. N/A PRELIMINARY PLANS FOR: FRETHAM 19TH ADDITION CHANHASSEN, MN DMYd: LMEWFS, DELELIFYEXI 101 M In X1W.r I W1 .In ]]5 W[iMln, uH 55].5 m. eu.v]D.]DDD ww r, erw uru(a IWD Mpl[ER GEEX ttHRR 4.LRF RnM, 4M 55M. ru.a. a voxeen.ea x vmuxnx ncxL a uWL mEET xl 1. � STn' MX I W P�CM 55..4 INAL xe]-x>e-ei}e CITY OF CHANHASSEN RECEIVED AUG 15 2014 CHANHASSEN R AILMANO DEM PROJECT LOCATION YD SVECiIGTPl3'. YNNEZ(fi. fEVM,Ywi (i AMSVMLeTw "SlY1DMD IIG,IpIi [. CdIST111LTM' L1,E31 E..A 9M9lwR1R I(WjMERS MSDLUIIM R 4NNESOi1 (tt]YI SLMDMN URIMS M41Nx3 twrtii FIMTw) [YNC[RE K. SlnlE MD LDGL LnW3 MD p10MM6 MLL oreLeo wrx x n[ corLsiaucnox a rns wa.ccr x..."n'1n ! r;,";...�^W„ I LAKEWEST DEVELOPMENT • OOR SHEET CAMPION 13-050 SERVICES, INC.<HCCT M!1 ( !1P fi SHFFTC Im'U'M]d SCANNED TOTAL AREA - 1.51 ACRES 65.701.6 SP EMISTNG HARDCOVER CALCULATIONS xru eam. xWA f IxmN PROPOSED HARDCOVER CALCULATONS ,iomia-swf ir LEGEND 6 Doom ,o.a .umawoe +z .. mum e�ou a'a o[r.ru reu mullW�f IOMr MRY .oR I.eO LIKUI¢ ------------ I I I I I _ "OnRW nra ON .n�r.47=��'w u ww»ri:i�n�iY_wxrune�. AjUG 15 2014 CHANWMPLONWOER I I I I I I I I I ,.rlu. tuuR mnm.emoo. nv'u..w m49v.Yor T.Aur lunaalw I I.NeY rnru uw.f mpv MMe. nr4f urueelu.l�vuY.. - N CAMPION�=%tee,'^FRETHAM 19TH ADDITION I EXISTING CONDITIONS ENGINEERING w w LAKEWEST DEVELOPMENT 6 REMOVAL PLAN lao YaTALTl1 ®� SERVICES. INC. k ree-m-.ea uww .............�., ...CUFCT nln 0 nF R CHFFTC "Al LEGEND �LDruere NMab urw-uams �� rbwz-nrm w. oor-�x ur vrm nrm kit -,6 �eimr I I o•i' Ile Ap ti � 9 I eDwan osecumaN 1 � _ APG 15 2014 CHANHAS EN PLANNING DEPT I I II r- I I II I II N CAMPION rKC 11 V1M I a n nvur I Iv.VDPLS7 I ro-050 ENGINEERING NR LAKEWEST DEVELOPMENT 0E3OFAHEETS ,,. SERVICES, INC. ueuueccou ]MET YYi M.w on,Wrc Oman mYD x Miu OMR naw Y �rv�umxv wi rc awuino ro m oM v �ru uFnn� mw rww 19 nn a IOYRr YOM YIYAv o lemo M,10 P VAVM. WYO.I IlM Y,Y.e EiR M MI. II MYa R M M1YPMM O M ,Niiv: r+wn �.rt w uii .� ui n.-�� N� V9 Y M mmMY n ------------ __ — — — — — — — — — — I CITYOFCHANHASSEN RECEIVED j AUG 15 2014 I I i CHANHA38ENPLANNING DEPT I I I I I LLB: I / I / ioR Mf ry[ .W.NI,I _ el . N CMIPION --�� ^^ �^ - hKt IHAM 7'J I K AUUI I IVry ;......,..., PRELIMINARY GRADING PLAN 13-050 ENGINEERING T `�M _ "y :. •.•':•:• LgKEWEST DEVELOPMENT SERVICES, INC r CHANHASSEN MN rEET N0. 4 OF 8 SHEETS 61 1/oY1o1s I Ji I I I I Z. --4 44 .nwrs. o..no� o��. mnw.nw • w ? �. "'4v �. ?" �� 'f: '�.-- � ��w. nru.,b, �'w •�imlm M •u�rs .w samm sw rs �a.w oM w CITY OFCHANHASSEN RECEIVED AUG 1 5 MIA r - �w: CHANHASSEN PLANNING DEPT J" w;"w....am m... alit �x��u, MiNI uiw a�sw wIn erovox ROCK CONSTRUCTION ENTRAIla muv.:. r..a N CAMPION •'•�,..w`"� •�^^-•—•-"••^-- FRETHAM19THADDITION PRELIMINARY STORM WATER ENOINEERINO ti °� �w w LAKEWEST DEVELOPMENT POLLUTION PREVENTION PLAN �o�� SERVICES, INC. '�•"^ CHANHASSEN MN SHEET NI 5 OF 8 SHEETS 1NYlot4 Plont Schedule KEY W CONOMON BOTANICAL NAPE SIX 1YPE cmmm15 D A U U 2 1/2 60 nRST BRANCNML AT 6'. Tls ♦ SAANKSRED' ,QR CENIHAL IEILER �, 2 u n u Ac 1 uA SIENNA* 2 1�2 A FIRST MANCHML AT e': T W CU RUe A nRST WANCNNG AT B': RD 2 2 1/2 Be wm us Ica n" BRAK MG AT 6'; SO 2 2 1/2 Be AI T A He 2 HACN Y: PS OCCIDE JYA 2 1/2 Be RRST BRANCHING AT 6'', A ADS LAN PINE, PINKS NIGRA $WQE LEADER', FILL fdiN AP J 6. W NU BLACK NEES CE; NCEA LLAUCA BB AVQ£ LEADER: ULL FORM 6N J e._O. i0 piWNO Planting Details LAKEWEST DEVELOPMENT CfTYO�C ANHA SEN AUG 15 2014 CNAtVASSN PLANNING DEPT PLAN 1 73050 REGISTERED LAND SURVEY NO. Ccrver County, Minnesota 0 Dimities Judicial Landmark 0 Orwiv, 112-Inch , i4-kh set war, so 0 60 120 nbar marked by Licence No. 120a3 Scale In feet .NE arverM beaffir, SE r a The" a RLS ft.♦M RLS .1 M ItItWITH BMW S.ulb 197.74 North 323,85 E.11 M. Tr.,l 9, M.L.S. Na. 201 II ..i i i C ib ie tit S 01' 36'00 'E to to r o 116 Z n 95 M to N 0-36 0q; 8 02 act w A dit SOI-56'M 1-r tn M 13 le lk, .4,00" w ti do M ti RLS Q M., w 94 t,,O 1L.Ml I --- IV s9110.,0 efamr. V., Westwood S MGM Hear. My 12LM-' 274B Sheer 3 of 3 shear, r M 'Y'A� REGISTERED LAND SURVEY NO.2Lt� CARVER COUNTY, MINNESOTA " O n Denotes Judicial Landmark. AUGUST, 1964 "a" Denotes Iran Monument• EGA N, FIELD A NOwAK Bearings Snow. Are Assumed. SCALE: 1" 700' SELDC RS +C F Cd• 1 nerenv certify net in accordance wi rn the provisions of Chapter 508 Minnesota Stalumnd tes of 1949, as eeed, \•90 have surveyed the lotlowing described tract of land r I �C G B t Yo- In he .ouhty of Carver and State of Minnesota, town : and B, Registered Land Survey No. 11, Files of the Registrar of Titles, Carver County, Minnesota, \ ; \ That the survey shown hereon is a correct de Iineat ion ...L \ of said survey. A \�\ Dated this J5r"day of Ave,✓er A. 0. - Al 1964 �F�Q_ Surveyor-e.l nne5ota Registrel 1,n No.617: o I This Registered Lend Surveywas approved ` sChanha end accepted the Town Boar lby tl of the Tcwnsni�q of Chanhassen et a regular = I a meeting ther eol held In�i s). IHW.�day of �E�A,D. 1964 rp oil ni (/ice 0 1own tl r� d I \ Clerl< Of TF,.n aoard \ This Registered Land Survey was approved and Af\ esec.led by the Board of Comnissioners of the IZ \ y County of Carver, State of Minnesota, at a \y\ regular meeting trier eat held thislx_/ day of 0 A G E F i 1 3i /O9o7 erlr•a SSYz. ssMs s A re-.eri a� cy LPytN�.: ''40 +o Date: September 3, 2014 City Hall Meeting 11:00 To: Kate Aanenson- Director planning & Bob Generous- Senior planning Problems to be addressed case#2014-08 Fretham 19`h Addition re: 6281 Teton road easement. 1. The position of the house on the corner of Teton lane & Bretton Way should be redesigned to have a continuous setback of no less than 10 feet from the 14ft road easement or house should be moved over with driveway coming off of Bretton Way, see alternative plan.( attached) 2. The 14ft road easement driveway should not be compromised or moved or excavated in anyway unless the house at 6281 is given an alternate access into the property from Powers Blvd. because the property is landlocked from a main road. There was a road access out to Powers at one time when Centex was building houses in the 80's and it could be utilized again to use the road access out to the east side of the property to Powers Blvd. 3. Regarding the loft high retaining wall to be built alongside the road easement, property owners request the wall be placed at least 10 ft south of the road easement for stability of the utility easements which are already in place and include water, sewer, gas lines ,clean -outs & shut off that run underneath & down the entire length of the road easement and which the City of Chanhassen granted permits to have them installed. This set back is also needed for snow storage & water drainage as well. 4. Regarding the 10 ft. retaining wall with a drop off down to the proposed 4 new lots, Owners request a 6 ft. privacy fence on top of the retaining walls for the safety of children, cars, pets and wildlife. The privacy fence should extend all the way down to the Teton Lane entrance. 5. As dominant owners of the road easement (6281 Teton lane) we request a guarantee that an alternative access be created for us if there is any future harassment from dividing the easement into separate parcels instead of one. Many neighbors have complained about the gravel driveways in place now as they wash out onto Teton lane & Bretton Way every year. All driveways & the road easement should have black top not crushed rock which just washes away or gets pushed away by the snow being plowed. All blacktop to be installed & paid for by developer. In Conclusion: The residents of Bretton Way & Teton Lane respectfully request the following petition be put into the public record. All the surrounding tax payer home owners who have had to deal with this hazardous building should be given the same consideration as the non -conforming buildings owner. As the petition states before any building permits are issued or any new home construction begins. The existing hazardous foundry building & house are to be demolished and the excavating & preparation of the entire parcel of land including the proposed retaining wall be completed to prevent potential mudslides and damage to neighboring properties. �ES/,<E /fB« /on5 i 1o%Y Fog A'ou 5 E EMivED I I AoG 15 2014 MUM I , I I r• fiW ION1r, NIUI M1w I • .�• • ` . W.r I t , LUr TA I ��rrwrlrrrr•+rnr.,rrr I �F _ — , AM u[.. lV bl[. rr• � rvl-arm r �:.,.�..r. :.: 's'� ::'�" •�'11,1'..�.��C�"1"'�' WomeAww..rnrrSr V9nue[IW. emrr4. w.rr..,p-/�w r.. ri.r 1rO.� n .m uro wMrvu Wr r.w •p,.y.1,.W r„ mMcr IM N cnA/woN FRETHAM 19TH A DITION ENOINEERIN[i 1� w— PRELIMINARY PLAT 13-050 SERVICEB•NG. v "-' '�' "I• " LAKEWESTD...- - DEVELOPMENT LEGEND v evens wee xw wrens wn.W a.u.wiaa ....._ .owns rwn ray ue va.0 w _.._ ousna mn wWu xw r_113 osw�mnva.wr.x pr LOT DATA �'op xU - 14w f inM l� IIIM4[-Nrtll WYx oVn-Itl n[. 1b mxM1M�fMAVxOMK. P),"np 05C cj AoG 15 2014 . ^ CHANNAWSENPLANNING DEPA' I I I I I I I I I (i 1 /' FIF✓" I I S I rr I 1 I I 1 I I tEeclm�agsE®I _ j W.ws,.n xsm uman rraw row 1_sawa..__�__ I.-_—___--__ ^—__I I I ' I i I ' I ' I ' � I � � I �F •_.._A. •<< ,'�'='mar.: x-.;, a �I i; ;� s. ` =•fin �.e ��%'�i y�:-�~ ` l•`�`,+� n:. 1 I omrs/�r>'®emu®�sav if Dmwwen•�wD� p0�1'1Q:I9 o��mi.�o0r® N GAMMON uw "^•' �. :z'^"',,,'^ ti^' me r rusm ra i r r rnvvr r r..r. PRELIMINARY PLAT I 13-050 Imo— (A� ENGINEERING ;�;ti x„ ;•1„%i'7 7, LAKEWEST DEVELOPMENT �i I SERNCES. INC. n. n>.i�na CHANNASSEN. AIN SHEET N0.__3 Of 5 SHUTS ��b1NY1D14 Date: August 30, 2014 _. Attn: Chanhassen Planning Commission & Chanhassen City Council Re: Case# 2014-08 Fretham 191h Addition plat review for 6397 &6411 Bretton Way We the residents of Curry Farms, and neighbors of 6411 Bretton Way and 6397 Bretton Way, respectfully request that before any approval of the request to divide these properties is approved, that there be stipulations and guarantees put in place by the Chanhassen City Council to ensure the following: Before any building permits are issued or any new home construction begins: 1) The existing buildings located at 6411 Bretton Way and 6397 Bretton Way are demolished in safe and ecologically responsible manner, including proper abatement and disposal of any potentially environmentally hazardous elements or chemicals, including but not limited to, asbestos, vermiculite, and lead. 2) Excavating and preparation of the entire parcel of land is completed, including installation of proposed retaining walls to ensure that the land, and especially the hill is sound for building and to prevent potential mudslides and damage to neighboring properties. �I��fi[7lil�iV��,/,�71�/�L/��L ,r�•r��/<Si��fl rr.'ffifw �r 0 U U Date: August 30, 2014 Pale Attn: Chanhassen Planning Commission & Chanhassen City Council Re: Case# 2014-08 Fretham 19th Addition plat review for 6397 &6411 Bretton Way We the residents of Curry Farms, and neighbors of 6411 Bretton Way and 6397 Bretton Way, respectfully request that before any approval of the request to divide these properties is approved, that there be stipulations and guarantees put in place by the Chanhassen City Council to ensure the following: Before any building permits are issued or any new home construction begins: 1) The existing buildings located at 6411 Bretton Way and 6397 Bretton Way are demolished in a safe and ecologically responsible manner, including proper abatement and disposal of any potentially environmentally hazardous elements or chemicals, including but not limited to, asbestos, vermiculite, and lead. 2) Excavating and preparation of the entire parcel of land is completed, including installation of proposed retaining walls to ensure that the land, and especially the hill is sound for building and to prevent potential mudslides and damage to neighboring properties. Address I A 0 ,Z REVISOR 1300.0180 1300.0180 UNSAFE BUILDINGS OR STRUCTURES. A building or structure regulated by the code is unsafe, for purposes of this part, if it is structurally unsafe, not provided with adequate egress, a fire hazard, or otherwise dangerous to human life. Building service equipment that is regulated by the code is unsafe, for purposes of this part, if it is a fire, electrical, or health hazard; an unsanitary condition; or otherwise dangerous to human life. Use of a building, structure, or building service equipment constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purposes of this part, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary, and other appendages or structural members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in the code are unsafe building appendages. The building official may order any building or portion of a building to be vacated if continued use is dangerous to life, health, or safety of the occupants. The order shall be in writing and state the reasons for the action. All unsafe buildings, structures, or appendages are public nuisances and must be abated by repair, rehabilitation, demolition, or removal according to Minnesota Statutes, sections 463.15 to 463.26. Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106, 326B.13 History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4 Published Electronically: February 19, 2009 EN September 3, 2014 Re: Owner of hazardous building (Naomi Carlson) located at 6411 Bretton Way has been occupying the foundry building as her residence since April, 2014. This is against several State & City codes as per state code 1300.0180( attached) unsafe buildings. This building is an illegal residence. 1. No electrical in the foundry building brought up to code, no smoke detectors or required arc- faults breakers as required by code. 2. No cooking facility 3. No bathing only a stool & sink 4. No proper venting 5. No egress windows 6. No fire doors or fire inspections 7. No inspections or permits obtained 8. Finally no Certificate of Occupancy CenterPoint. Energy September 2, 2014 Bob Generous Senior Planner 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 700 West Linden Avenue PO Box 1165 Minneapolis, MN 55440-1165 RE: Proposed Plat review for a four lot subdivision at 3697 and 6411 Bretton Way Dear Mr. Generous: With reference to the Plat review for a four lot subdivision at 3697 and 6411 Bretton Way, CenterPoint Energy does have an existing natural gas main and service lines in that portion of the proposed plat. Since this gas main is an important part of the distribution system for this development we must object to this proposed plat unless suitable easement rights are reserved to CenterPoint Energy pursuant to MnSta 160.29 & MnRule 7819.3200. Please reserve an easement to CenterPoint Energy, created by and within the addresses of 3697 and 6411 Bretton Way within the proposed four lot subdivision and filed with the Hennepin County Recorder's office. We may consider removing our objection should the petitioner wish to reimburse CenterPoint Energy the cost of relocating the existing gas main. To discuss this and other options that may be available, please have the petitioner contact Andrew Balgobin, Administrative Engineer at 612-321-5426. Thank you for the advance notice and please send me a copy of the final action on this proposed Plat. Respectfully, CENTERPOINT ENERGY Chuck Mayers pc: Andrew Balgobin, Administrative Engineer Todd Norgren, Area Manager Susan Sargent, Supervisor Field Operations Gary Allison, Master Tech ADV Foreperson Cherri Monson, Sale Associate Travis Denzel, Engineering 4 � I .M t -13 . �. 14 0 �,. v ! 13 ,rw r' J I 1 1 ® ` 1 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on September 4, 2014, 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 Fretham Addition — Planning Case 2014-08 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 swom to before me this day ofS�r , 2014. W-W ��►`C�SFTrT1i.,� KIM T. MEUWISSEN IVVWQVVVVVVVVVVVVVW Notary Public -Minnesota My Comr�eKn �z ,wn 31, 20 15 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 16, 2014 at 7:00 p.m. This hearing may not start unfit later In the evening, depending on the order of the a enda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Preliminary Plat Review for a four -lot subdivision with variances for hard cover and setback on 1.51 acres of Proposal: property zoned Single Family Residential (RSF) FRETHAM 19TH ADDITION Applicant: Lakewest Development, LLC Owner: Naomi Carlson Property 6397 and 6411 Bretton Way Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1, Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-08. If you wish to talk to someone about this project, please contact Bob Generous by email at bcenerousOci chanhassen.mn.us or by phone at Questions & 952-227-1131. If you choose to submit written comments, it is Comments: 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 Plannin Commission meeting. Chy Review Procedure: • bend Are te Planning a, Conditindmenorel and Interim Uses, hearing Developments. Site Plan Revieode Amendments a llbennogfled Remni its, mprehtl nsiv Comprehensive Plan Amendments ty w within 500 feet of the subjectt site toe of the application Commission. City ordinances require all property Commission. witting. Any Interested party is to accent 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 for the to speak about the proposal as apart of the hearing process. The recommendation. The Item will be opened public Commission will dose 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 majority vole of the City Council except remnings and land use amendments from and code amendments take a simple residential to commemialAndusmal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this months to complete. Any person wishing to follow standard. Some applications due to their complexity may take overel an item through the process should check with the Planning Department regarding Its status and scheduling for the City Council meeting. • A neighborhood spokespersoNrepresentative is encouraged to provide a contact for the city. Often developers are to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any encouraged Interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the applirallon will be Included in the report to the Ctiy Council. If you wish to have something to b Included In the reortlease contaf Ib Planning Stall pawn named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 16, 2014 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 Preliminary Plat Review for a four -lot subdivision with variances for hard cover and setback on 1.51 acres of Proposal: property zoned Single Family Residential (RSF) FRETHAM 19TH ADDITION Applicant: Lakewest Development, LLC Owner: Naomi Carlson Property 6397 and 6411 Bretton Way Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens W 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-08. If you wish to talk to someone about this project, please contact Bob Generous by email at baenerous(oDci chanhassen mn.us or by phone at Questions & 952-227-1131. If you choose to submit written comments, it is Comments: 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: • Subdivision, end h Uses, Wetland Ate Planned Developments, Slts Plan Reviews, Conditndmen srel Planni publerim Comprehensive Planning Commission. City ordinances require all property within 500 (eel of (he subject Site to b notified f the eppllcatlon In Commissio anc Plan Amendments and Code Amendments subject a public hearing before application 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 glue 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 dose the public heading and discuss the Item and make a recommendation to the City Council. The City modify wholly or the Planning Commission's recommendation. Rezonlrgs, land use Council may reverse, affirm or partly and code amendments take a simple majority vote of the City Council except remnings and land use amendments from residential to commemialAndusfrial. • 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 lake 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 spokespersorJrepresenlative Is encouraged to provide a contact for the city. Often developers are to meet with the neighborhood regarding their proposal Staff Is also available to review the project with any encouraged 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 repo to the City Council. If you wish to have something to be Includetl In the re rt ease conted the Plannl Staft arson named on the notification. ALEJANDRO FERRER-MACHUCA BRENT W & DIANE E FESTER BRETT K STIER 6330 TETON LN 6350 TETON LN 2211 HILLSBOROUGH RD APT 4108 CHANHASSEN, MN 55317-7527 CHANHASSEN, MN 55317-7527 DURHAM, NC 277054164 CATHERINE J GUY CHRISTIAN S & MAUREEN CHRISTOPHER WALTER MAY 405 COUNTY RD 4 SE CONNERY 6400 TETON LN ATWATER, MN 56209-8301 6440 BRETTON WAY CHANHASSEN, MN 55317-7527 CHANHASSEN, MN 55317-7507 CHUE HER DANIEL J & PAMELA J FELLER DANIEL J & SANDRA A COUCH 6250 POWERS BLVD 6430 BRETTON WAY 1321 ASHTON CT CHANHASSEN, MN 55317-9434 CHANHASSEN, MN 55317-7507 CHANHASSEN, MN 55317-7529 O'CONELIZABETH OR RENEE HILLS FRANCO C LORIS GARY A & KAREN J DOHSE 6431 BRETTON PO BOX 263 6251 TETON LN 6431 CHANHASSEN, EXCELSIOR, MN 55331-0263 EXCELSIOR, MN 55331-9054 CHANHASSEN, MN 55317-7508 GARY P & LEORA F MATTILA GERALD E STORY GREGORY S & PATRICIA J BAZANY 1321 ITHILIEN 6281 TETON LN 6420 BRETTON WAY EXCELSIOR, MN 55331-9032 CHANHASSEN, MN 55317-8331 CHANHASSEN, MN 55317-7507 JAMES A SHANESY JAMES J JOHNSON JIMMY D SHADLER 6340 TETON LN 6421 BRETTON WAY 6450 BRETTON WAY CHANHASSEN, MN 55317-7527 CHANHASSEN, MN 55317-7508 CHANHASSEN, MN 55317-7507 JOHN J SAVARINATHAN JOHN W JR & SUSAN E KUNITZ KENNETH F & PATRICIA J GARVIN 6360 TETON LN 6441 BRETTON WAY 6390 TETON LN CHANHASSEN, MN 55317-7527 CHANHASSEN, MN 55317-7508 CHANHASSEN, MN 55317-7527 LAWRENCE E & KATHLEEN MKERLEONARD E & ANN B WARE MARCUS R & JENNIFER A ZBINDEN 6420 PO 1225 LILAC LN 6460 BRETTON WAY CHANHASSEN, MNN 55317-9434 420 POWERS B EXCELSIOR, MN 55331-9053 CHANHASSEN, MN 55317-7507 MOHAMED IBRAHIM MONICA A WIANT NAOMI RUTH CARLSON 6260 POWERS BLVD 1385 ITHILIEN 5955 CATHCART DR CHANHASSEN, MN 55317-9434 EXCELSIOR, MN 55331-9032 EXCELSIOR, MN 55331-8916 PETER B & LEAH J THORSON ROBERT L RABE SAMULE D TEUT 6370 TETON LN 6307 TETON LN 1311 ITHILIEN CHANHASSEN, MN 55317-7527 CHANHASSEN, MN 55317-7528 EXCELSIOR, MN 55331-9032 SHARON MICHELLE O'BRIEN THOMAS & MOLLY BERGFALK 6451 BRETTON WAY 6461 BRETTON WAY CHANHASSEN, MN 55317-7508 CHANHASSEN, MN 55317-7508 Jan.30.2014 12:34 PAGE. 3/ 7 erti�icate of title certificate. fir'. 185G;1 Transfer from No. 17798 Originally,ragi 2•tend the 28, 18. 28 day of October, October 1g 57. Volume 111 10, 15 page 34, 277, 211 State of Minnesota,As. RORY L. VONG and CAROL, E. WONO ) County of Carver. !f THIS IS TO CRkT/FY MAT of the 6JU5 'recon lane, City ui Chanhassen County of Carver and State of Minnesota are now the owner " of an estate, to ever: as joint tenants or and in the - following dexrribed land situated in the C.ounl.y of Carurr and 8fole of Minllexida, to wit: That part of Tract 8, REGISTERED LAND SURVEY NO. 2A, files of Registrar of Titles, described as follows: Comment Lng It Northeast curmur of rmld Tract A, theuco our South uLons rise line e.nid Trust, 107.74 r,r.... chence South R8 degrees 04 minutes West, 331..7 feet to the actual point of beginning; thence conl'i.nulnA South bb degrees 04 minutes West, 45 feet; thence North 1 degree 56 minutes West 65 feet; thence South 88 degrovs 04 minutes West 42 feet; thence South l degree 56 minutes East 65 feet; thence South 88 degrees 04 minute'.^. West, SA (net; thence North 77 degrees 44 minutes West, 58 fret, thence North 67 ilverees 44 minutes Went, 67 feet; thence North 85 degrees 14 minutes West, 38.94 feet to a point in West 11M of slid tract. distant 1.45.22 [sec South of Northwest corner thereof; thence Northerly .1.45.22 fact to "aid Northwest. Turner; thence Easterly along North line of said tract 295.54 foot to an ilitersoction with A line bearing North I deg r • r 1 , et r� . 161,1e fppr rp .......sl 56 c�i;:cL bc� : ut; . ,,:ua_ pot^.. c bs;;LnninD; thcr.rr Srn:l:h er.^,• ... ..... .... .. - point Of beginning, 'Together with an a amens for occcss purpo s, granted in the instrumeut dated August 2. 1969 nod flLad on September 4. 1969 a Document No. 14055, o er soul upon the folloving tract: That part of Tract B. lag ervey No. 28, Carver County, nlnnosotA desrrihad as strip of :and 14 rout to w0th, the Northerly line of said strip befog dcstrlhed ae 110Slows: Reginning at a point is t• - I•:m:r !tne of ••.a+;i Truer. A, distant 197.74 reef Morse of Northeast c,)rn..r rh,,rrof: tF:i;ra south AS degrees 04 minutes West, 1.65.85 )oet to actual point of heginntus of lint to be do-•Cri6ecry hence continuing Sorth AS degrees O4 miau'tes"[Test 310.85 face; rlw_nce Borth 77 dcgreea 44 minutes West, 5A feet; thence North 67 degrees 44 minutes .Weat, 67 feet; thence North 85 degrees It minutes West 38.96 feet to a point in Westerly line of said tract,distance 1.45.22 Poet South of Northwest corner thereof and there terminating; And also together with an easement for ingress and egress, granted in the instrument dated August 2, 1969 an, filed on February, 19, 1070 aA Document No. 14372, over and upon the following tract: ilu. Lt. ri Lea at RCgiatree u[ Cs,•+rt t; •jul:cy, Ji�4 :30•� �. IS" bjeettothe, encumbrances, lions andInterest nsetrd yfit entemoritilitersiviltwt ern or•sr rrrean;andari frM(nt , following rights or encutnhranrea subsisting, as provided in M. S, A. ,Section 50S.2rn namely; 1. Liens, claims, or rights arising or existing under the laws or the Constitution of the United Suucs, irhirh this state cannot require to appear of record; 2. The lira of any realpropertytaxorspecialassessmentfurwhich(heInndhasnotbornnittldotthedateof(he,certificate of title; 3. Any tenter far is periud nor rarnrding t/ver years, it -hen There is actual uc upation of the! promises tlu•reandar; 4. All rights in public highways upon the /one/, 5. The right of appeal or right (D appear and contest the, applivatinn, as is al/uuvrd by this chapter; fi. The rights of soly prrsun in possession itndrr derd or restrnaci for nerd from the stoner of the certificate of li!le: 7. Any outstanding mechanics lira rights which may exist under sections 514.01 to 514.17. Thai the acted Henry L. Wong and Carol K. Wong are J2-29 '"• tnarrncil rn each CAI.t.r to fi�/no hihm ear( under dianAihrv. LY H'ITMESS N'HA'kEDF I have herrt nto sahxeribed my mine rtold affiewd the- split of my afftcw, Nrix 2{ dnra July 19 88 at 10 A.N. y-.NrpiAt rar of Vi es In and for (he County of Career and Stale lef Minnesota. (Sroli Jan.30.2014 12:34 .irbiz Snbenture, befuwn PAGE. 4 / 7 .... .... ......... No. 74L Cn.' SlinnewtA ij HbM rAnV$MU dris Allah C1131). Made Ate ..............M. ............... . . ......day of ................. ..... ... Seq.t.c.mW 69 PRECISION MANUFACTURING CORPORATION a wPoratisn, under the lau* of the State of ... ... . .... M# Re. "D. pt.5 ....... ................................ P&rtTJ Of the Pit Part, and I.. . '� - ..-. __ - I . Adulllj anti K. '?2t1ifr, Husband and Wife of the County Of ..............Hennepin.... and State of part iq S_Of the second part. ......... .. . ............... . Wit"tUdb, That Ma said p" of W first part, in of the ou?", of o is nd That CO _aid - - - - - - - - - - - - - - - - - - - - - - -A ... ...... I., ..... .. ..................... ..... norjr.,ipp, P"':17 by 010 AML4 Part. !". of the second part, the receipt, whereof Is hep-tht/ a*ek.aaTwWtrd, does IMFOby Orani, Baqatn. Sell, and Convsy unto the said part.iO§ ..... . of the second part their heirs and Cl aens. ye)r0j,, .. ........ I A r' all the tweet ......or parnal .. ....... of land lY/in4f Opal beim in the Caunly nj .. .. .... . .. and State of Ninnexota, described as fo7lavxy, to-irr.t: _ I That part of Tract Bs Registered Lend Survey No. 28, Carver County, Minnesota described an follbwa Commencing at Northeast corner of said Tract B, thence due South A11M. 1?..+ 14r... Of .1jA , c � ' ' ' * - C 'XZCLt .11.7L "Velv; Ulan" 5vurh H%if West 165.e5 feet; thenoe North parallel isith the East line of said tract lh feet; thence South WOO West 165.85 feet; thence North 1056, west 194.28 feet to North line of said tract; .thence Easterly along North line of said tract 338.38 feet to actual point of beginning. DESf,RIPTION OF FOURTEFN FOOT EASEMENTi That part of Tract B, Registered Land Survey No. 28, Carver County, Minnesota described as strip of jpr0 11_ feet ir '41, - �11' the N=*thC1!Y 1;,F F,o usaid sLwip being described an f011owat Beginning at a point in East line of said Tract B2 distant 197.7L feet South of Northeast corner thereof; thence South 88004"West, 165.85 feet to'actual Point of beginning; of line to be described, thence continuing South 88*Oh' West 310.P5 ft; thence North 77 W vasty 58 feet; thence North 67*hhl Wests 67 feet; thence North 85'31, west 38.9L feet to a Point in Westerly line of said tract, distant lb5.22 feet South of Northwest corner thereof and there terminating,. DEC DIM AX DI Fn sl� 4; vx� _�Ax nFFrj 3 Jan.30.2014 12:34 /. PAGE. 5/ 7 slo 0o t� s• z.zo �o ilnni►D to the l�nmc, "age'"" with. aew all lltc hereditantente and appurtenanfhereonto belortlsing, Or ar in anytaise ise aPP0141ning, to the said parties, o the h aesi ' re , v ... f ° par$,..•. 9�'r .....heirs and +t1 Irt i'er, ,:7 n.d flu! dq.id. ..,... �, ��: ::' ....n:: v�iaC �•:7"`•'• " + Party of the /irst Part, far itself and its str.rnessors, does em,entnf, rcith the said part... 4Q,..of the seeroui Part, d eir right to ... heirs and assigns, that if. is hie gor>:l "'ell seized to fm of MA lame and premises afrtr'rsaid, trod sell and ranvey the same in marmite• and form aforesaid, and tltaB.thtt soma are free from all ineumbranrm..........,. . /ln.d, the above bargained and granted lands and premises, in the quiet and peaceable possesdinn of /he said part 1eq.., ,_o f the seeortd part,.their ....lutes and assigns against ail persons law/rally rlatming or to "M tile, whole or art# part thereol', aaOleet Gi;w:rtmhranaes, it any, nsrombe%ar•e mepWdpnest, the enid pa k of the first Part trill WaM74fand 11frfrn.tl. driTtrt�khfce�,/' i X, Off At 9eYlGn1311p Mbeeeot. The said /_rs s ' . x Party 7tnw MIIRnII tlirar plrRarlts to he ea•truted in its oorpomte mans by Its ..:.... ...... President and its ..._.... .. .and its corporate seal to ilr herc,tntr -.,'mj rrd the day andyerr first rtbovo rarittrn. PRECISION NAMACTURING CORPORATION .............. ....................... .... _.._................. By........C... Its ........................... ..........President 11s. . ........ ............ Jan.30.2014 12:34 PAGE. 6/ 7 6tate of jftntootat On thin .............. 4.1 . .. ... 6.�:t ............. day of...... .............. . 19A9 .. , before me, a ................................................. . ....... .............. and for said County personally appeared ................. . . ... 9r...A? ... lMFM%4n ..................... I ... I ............................. ago ... ....... . .... ...... ................. ......... .... ' he - ta ....... to me personally known, who, beinif am* by me daly sworn ........... h9 ............ M say that "N'bW gr I v the....................................President I F1 � ......... .... .......... ......... ............... . ..... . .............. .......... .of the corporation named in the foralfoinj instrument, and that the semi affized to said instrument is the corporate seal of said (w, -poration, to and that said instrument was 61jud wad waled IA behalf Of said corporation by ut rUy of its ftno rd of .... .. 1*,T#0q:FX ....... ...............:............and said........................................... Kqmhw ........ I I-- ... I ... .. ... ...... ........... . .. . ......... ....... . . . . ................. Acknowledded said instrument to be the froe, t and dead of said mrporaU016 C. tOS'ESON' JR' eXpIra... ..et,wy-,PQWC, Hennialn.9AID.. :,-,, Commission cxplres Aug. 27, r- 0 N 0 f I , MJ..agf& Fwe Na. T-bL Doc. JVo .... ............... . .... ...... ...... WARRANTY DEED Corporation to In manal . ........ . . . . ................. ............... Office of Register of Dee&. Wale of :Minnesota, CmntmOf ... ......... ........................ ...................... . . I hereby ratify that the wUhtn Deed was filed in this offlee for record on as ....... .. I ..... ..... d&V of . ...... .. ....... .. ......... * ...... ........... 19............ at ................... arclock- and was duly recorded in Bwk ........... ..... of Deeds, page......__._......... .............. ......... ..... — ..... . ....... ......... ...... .. ...... Atelister of D"do. By...... .. . ...... . ......................................._...Deputy. Taxee for the year 19 ....... tom the Zande described u;Uh , this........-:....._........... day ... . ..... ni'y Treasurer_ By .......... . ....... .................... ..... ........... ......... Deputy- Iax paid and Tramafers"red this s. .............day of ......... .............. Cmnty 0top.----- y Jan.30.2014 12:33 PAGE. 2/ 7 I :, i I ep'l .v I I: l�l f h r �;• 1�(m :'v it - vll, hl I II , i February 4, 2014 Y (Cff ��O�pF CIlAl1I11 HN Mr. Ben Wikstrom 7700 Market Boulevard Lakewest Development PC Box147 Chanhassen, MN 55317 14525 Highway 7, Suite 335 Minnetonka, MN 55345 Administration Re: Fretham 19's Addition — Planning Case 2014-08 Phone: 952.227.1100 Fax: 952.227.1110 Dear Mr. Wikstrom: Building Inspections Phone: 952.227.1180 We have reviewed the materials provided by Campion Engineering Services, Inc. in Fax:952.227.1190 the application. This letter is to inform you that, after having reviewed the submittal materials, we find the application to be incomplete. Therefore, we cannot schedule Engineering you for a public hearing until all the information is provided. Phone:952.227.1160 Fax:952.227m0 The following items need to be addressed with any subsequent submittal. Finance Phone:952.227.1140 1. Pursuant to section 18-60 (e) of the Chanhassen City Code, remnant lots are Fax: 952.227.1110 prohibited. Therefore, Outlots A and B may not be created. Park & Recreation 2. Per section 18-40 (4) (d) (1) A of City Code an HOA will be required because the Phone: 27.1110 Fax: 952.227.1110 proposed retaining wall crosses lot lines. The proposed retaining wall shall meet all conditions of section 18-40 (4) (d) 1. Recreation Center 2310 Coulter Boulevard 3. The drainage calculations shall assume the maximum impervious surface of each Phone:952.227.1400 lot (25%). Fax: 952.227.1404 4. Provide tabulation of existing impervious surface area. Planning 8 Natural Resources Phone:952.227.1130 5. A 100 square -foot landing is required at each exterior door and must be included Fax: 952.227.1110 in the impervious surface calculations. Public works 6. Plans shall comply with sections 19-140 through 19-145 of Chanhassen City code 7901 Park Place requiring development standards intended to preserve, protect and improve the Phone: 952.227.1300 Fax: 952.227.1310 city's surface water resources are incorporated into all site plans Senior Center 7. Drain tile is required for lots that drain back of lot to front of lot. Phone:952.227.1125 Fax: 952.227.1110 8. The road easement (Doc.17882) and the ingress and egress easement (Doc. 15?49 — unable to determine complete document number) encroach into three of the Web Site www.ci.chanhassemmmus proposed building pads. These easements must be released prior to recording the final plat. Chanhassen is a Community for Life - ProvidingforTodayand Planning tor Tomorrow Mr. Ben Wikstrom February 4, 2014 Page 2 9. The access easement on the north portion of the property must be updated as an access and maintenance agreement specifying the users, use, maintenance and financial responsibility for this easement, and be reviewed by the city and recorded with the final plat. 10. The existing conditions' line type and the existing driveway are unreadable on the plans and must be changed for the next submittal. Once you have assembled the information and revised the plans as appropriate, please resubmit you application. If you have any questions or need additional information, please contact me, b enerous ,ci.chanhassen.mn.us or (952) 227-1131, or Terry Jeffery, Water Resources Coordinator, at tieffervaci.chanhassen.mn.us or (952) 227-1168. Sincerely Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Marty Campion, Campion Engineering Services, Inc. Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator g:\plan\2014 planning cases\2014-08 f rtham 19th addition\incomplete letter fntli m 19th.doc 2 Sdo rrct 3. TM try` CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 02/06/2014 3:21 PM Receipt No. 00242636 CLERK: ashleym PAYEE: Lakewest Development Co, Inc 14525 Highway 7 Ste 335 Minnetonka MN 55345- �I�l'1 qc� PM4 Fretham 19th Addition- Planning Case 2014-08 ------------------------------------------------------- Subdivision 660.00 Property Owners List 200.00 GIS List 141.00 Total 1,001.00 Cash 0.00 Check 1260 801.00 Check 1272 200.00 ----------- Change 0.00 1 To: Planning & Zoning Commission: Chanhassen, MN. 55317 & Mayor Furlong & City Council Director: Kate Aanenson Senior Planner: Bob Generous Mayor Furlong & Council members Date: February 19, 2014 Re: Application for development of 6397 & 6411 Bretton Way by Fretham 191h addition Gerald & Karon Story purchased the land adjacent to these properties in 1991. The only access into their property is a 14ft easement road which the Storys have plowed, graded and maintained for 23 years. They are the only house that uses the road easement. In 2005 they were told by the planning that the road easement was adequate for one house and they were not land locked as long as their easement was in tact. (see attached on Minn. St.1957)The aforementioned 6397 & 6411 have front access from Bretton Way and both were rented. A small rental with several garages at 6397 and a large commercial building that was mostly vacant for the last 23 years. The Story's have always used & maintained the road easement. The language of the road easement states the tract of land shall be forever with the Tract B parcel which is owned by the Storys. It also states the granted lands and premises will be in the quiet and peaceable possession of said parties & heirs , against all persons lawfully claiming or trying to obtain the whole or any part thereof, subject to incumbrances. This easement shall not be diminished in any way. Any changes in the existing land would be an incumbrance to the easement as stated in document #14114 . The water, sewer and gas lines all run down the road easement and cannot be disturbed. The shutoffs are also along side the road easement off the street where the developer is proposing to put a house. See attached Chanhassen City Code: A proposed subdivision will not conflict with a easement. 6281 Teton needs road access that is not divided or have encumbrances. It has to remain with one of the parcels of land the way it is deeded now. Deed Alternative: Deed property of easement to 6281 Teton and the easement will no longer be part of the development hard cover. Property owners Gerald & Karon Story 6281 Teton lane, Chanhassen, Mn. 55317 952-401-8029 § 18.39 CHANHASSEN CITY CODE (2) Refer the preliminary plat to the planning commission or appropriate city staff, officers or departments for further investigation; or (3) Disapprove the preliminary plat. If the plat is not approved, the city council shall state the reasons for denial on the record. (f) The findings necessary for city council approval of the preliminary plat and the final plat shall be as follows: (1) The proposed subdivision is consistent with the zoning ordinance; (2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; (3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; (4) The proposed subdivision makes adequate provision for water supply, storm drain. age, sewage disposal, streets, erosion control and all other improvements required by this chapter; (5) The proposed subdivision will not cause environmental damage; (6) The proposed subdivision will not conflict with easements of record. (7) The proposed subdivision is not premature. A subdivision is premature if any of the C following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. ----,d. Lack of adequate off -site public improvements or support systems. (g) The city shall notify the applicant of the city council's action, stating the conditions of approval or reasons for disapproval. (h) An applicant may at his own risk, apply to process the preliminary and final plats imultaneously. Ord. No. 33-D, § 4.1, 2-25-85) Sec. 18-40. Same —Data required. Unless waived by the city because of the limited size and nature of the proposal, the following shall be furnished with a preliminary plat: (1) Identification and description: a. Proposed name of subdivision, which shall not duplicate or be similar in pronun. ciation or spelling to the name of any other plat in the county. b. Legal description. c. Names and addresses of the record owner, subdivider. land surveyor, engineer, designer of the plat, and any agent having control of the land. 1002 f a,. § 160.18 HIGHWAYS: ROADS of the right-of-way where the approaches are reasonably necessary and u o practicable, so as to provide abutting owners a reasonable means of access to such highway. LP- Subd. 3. Approaches to serve particular uses. The owner or occu- pant of property abutting upon a public highway, having a right of direct private access thereto, may provide such other or additional means of ingress from and egress to the highway as will facilitate the efficient use of the property for a particular lawful purpose, subject to reasonable regulation by and permit from the road autllollLy as is rteci`,Ssai'y to jt prevent interference with the construction, maintenance and safe use of I( the highway and its appurtenances and the public use thereof. Laws 1959, C. Snit, art 1 § 18. Amended by taws 1975, c, 24, § 1. �-�- Interim Commission Comment. 1959 Minr..St.195'•, § 160241 provides that, except where the easement of access has been acquired, the road authority shall provide suitable access to a road and install culverts where they are reasonably neces- sary. Such a law could be interpreted to mean that the road authority must provide a suitable approach to a highway on demand of the / abutting property owner, whether it is practicable or not. In certain 1 instances the cost of providing suitable access to property could be more f than the value of the entire property. The proposed revision provides `KP that in cases where a highway is already established and constructed the road authority shall furnish a substantial culvert where it is necessary 111 NpT for suitable approach to such highway, except where the easement of �T 6 access has been acquired. It also provides, except when the easement of access has been acquired, that the road authority in laying out and �y �( constructing a new highway shall construct suitable approaches where they are necessary and practicable so as to provide abutting owners a If�� reasonable means of access to such highway. O Historical Note Derivation: Minn.St.1957, § 160.241. laws 1957. c. 943, § 25. Minn.St.1953, § 160.31. SL1927, § 2612. Gen Ct.'.923. § 2612. Laws 1921, a 323, § ?a laws 1915, c. 117, § 15. Gen.SLl913, § 2567. Laws 1913, c. 235, § 80. The 1975 amendatory act, in subd. 1, iri- serted -other than. town boards and county boards" in the first sentence and added the last two sentences. 1'0r. er section: Minn.St § 160.18 was repealed by laws 1957, c. 943. 4 72. See, now. b 160.06. Administrative Code References Driveways, see Mn. Rules pt. 8810.4100 et seq. Library References Highways e=99, 120(1), (2). U.S. Highways §§ 178, 186 to 188. 46 [Eli In 6 Cull Drai Fill Nest Rea: Sept F, did heen 9. ii P, meat prep `but ,„ th road with coun 377- Pr of di have 2_ ( To Stan( wher such suita drive Gen., 1940, wi lishet ken § 16( only ongit 26, V Tht ary , No. 1 Du rests OpA If c out tl Ling I repair Atn•. Ab tion p -UI�TtK�St?u,'er (Try S ►— i n 2� 1 f, 6250 CARY t#. & &ARE J DOHSE 6251 TETON LN 1U RY STORY ROBERT L RABE 6281 TETON LN 1 6307 TETON LN y, 6420 Ito 6281 Tfoin Lane 1 4.(BAushtess ,S L, hie - Legal Nowcoldbn6411 BRETTWAY 6421 6430 \ �/ 6431 '04 650 p Prapertyofthe City of Chanhassen UATCr= :ru)6 IF- A L-L 1'f\e s� 0 N 5 0L11 1 I�� wa� -jv e d o S}vri �ex;js 4n $11.�\_oiN (041 I FRETHAM 18TH ADDITION - PLANNING CASE 2014-08 $660.00 Subdivision ($600 + $60) $141.00 Property Owners List (47 x $3/address) $200.00 Notification Sign $1,001.00 TOTAL $801.00 Less Check 1260 from Lakewest Development Co., LLC $200.00 Less Check 1272 from Lakewest Development Co., LLC COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 CITY OF CHANHASSEN APPLICATION FOR DEVELOPMENT REVIEW Date Filed. I Z31 ZI `t 60-Day Review Deadline: I / 4 Planner: ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers..... $100 ❑ Conditional Use Permit ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Grading >- 1,000 cubic yards ........................... UBC ❑ Rezoning ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review...................................................$150 ❑ Site Plan Review ❑ Administrative.................................................. $100 ❑ Commercial/Industrial Districts` ...................... $500 Plus $10 per 1,000 square feet of building area 'Include number of existing employees: and number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit 0 Subdivision Case #: 02014 — 0 % ❑ Create 3 lots or less ........................................ $300 W Create over 3 lots ... (a.(et?.......... $600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment ......................................... $150 ❑ Final Plat* .................. ...................................... $250 'Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the development contract. ❑ vacation of Easements/Right-of-way................... $300 (Additional recording fees may apply) 0 vai�ahce......._................................__...... ❑ Wetland Alteration Permit ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ADDITIONAL REQUIRED FEES: 2 l6 W © Notification Sign ................................... $200 TOTAL FEES: $ �._� UI Ce-*labD $OI rk (City to install and remove) C, *too.� 0 Property Owners' List within 500......... $3 per address 141 Received fromto-40(fs+- be-Yotcipm?n4- � �G (City to generate -fee determined at pre -application meeting) r 12-(00 ❑ Escrow for Recording Documents.. $50 per document Date Received: t 14 Check Number: (CUP/SPRNACNAR/WAP/Metes & Bounds Subdivision) Project Name: Fretham 19th Addition Property Address or Location: 6397 & 6411 Bretton Way of Bretton Way and leton Lane Parcel #: 256940030, 25682� gal Description: Various Depictedon Survey Total Acreage: 1.51 Wetlands Present? ® Yes ® No Present Zoning: RSF Requested Zoning: Present Land Use Designation: eSl entla Requested Land Use Designation. SF Residential Existing Use of Property: SF Res and Commerc—iaT/Warehouse Description of Proposal: Divide the properties Into 4 single-family lots that meet the requirements o t e zoning ordinance and the intent of the comprehensive plan. ❑ Check box if separate narrative is attached L Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: LakeWest Development, LLC Contact: Ben Wikstrom Address: 14525 Highway 7 Phone: 5 -65 -2189 City/state/zip: Minnetonka, MN 55345 Cell: 61 - 1-7 —02 Email: ben@ west ev.com _ Fax: 95 5 198 Signature: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Addres Contact: Phone: 9 ' ¢74 ' ) 371�, City/State/Zip: t �(,�rPl,,MAI Ss3-?1 Cell: Fax: Date: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Who should receive copies of staff reports? Information `Other Contact Information: Owner Via: ElEmail ElMailed Paper Copy Name: EProperty Applicant Via ZLEmail ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other` Via: ❑ Email ❑ Mailed Paper Copy Email: February 4, 2014 CITY OF CHMSEN Mr. Ben Wikstrom 7700 Market Boulevard Lakewest Development PO Box 147 14525 Highway 7, Suite 335 Chanhassen, MN 55317 Minnetonka, MN 55345 Administration Re: Fretham 19th Addition — Planning Case 2014-08 Phone:952.227.1100 Fax: 952.227.1110 Dear Mr. Wikstrom: Building Inspections Phone:952.227.1180 We have reviewed the materials provided by Campion Engineering Services, hic. in Fax:952.227.1190 the application. This letter is to inform you that, after having reviewed the submittal materials, we find the application to be incomplete. Therefore, we cannot schedule Engineering you for a public hearing until all the information is provided. Phone:952.227.1160 Fax:952.227.1170 The following items need to be addressed with any subsequent submittal. Finance Phone: 952227.1140 1. Pursuant to section 18-60 (e) of the Chanhassen City Code, remnant lots are Fax: 952.227.1110 prohibited. Therefore, Outlots A and B may not be created. Park a Recreation 2. Per section 18-40 (4) (d) (1) A of City Code an HOA will be required because the Phone: 952.227.1120 Fax: 952.227.1110Proposed retaining wall crosses lot lines. The proposed retaining wall shall meet all conditions of section 18-40 (4) (d) 1. Recreation Center 2310 Coulter Boulevard 3. The drainage calculations shall assume the maximum impervious surface of each Phone:952.227.1400 lot (25%). Fax: 952.227.1404 Planning & 4. Provide tabulation of existing impervious surface area. Natural Resources Phone: 952.227.1130 5. A 100 square -foot landing is required at each exterior door and must be included Fax: 952.227.1110 in the impervious surface calculations. Public Works 6. Plans shall comply with sections 19-140 through 19-145 of Chanhassen City code 7901 Park Place requiring development standards intended to preserve, protect and improve the Phone: 952.227.1300 Fax:952.227.1310 city's surface water resources are incorporated into all site plans Senior Center 7. Drain tile is required for lots that drain back of lot to front of lot. Phone:952.227.1125 Fax: 952.227.1110 8. The road easement (Doc.17882) and the ingress and egress easement (Doc. 15?49 — unable to determine complete document number) encroach into three of the Web Site proposed building pads. These easements must be released prior to recording the www.ci.chanhassen.mn.us final plat. SCANNEC Chanhassen is a Community for Lite - Providingfor Todayand Planning IorTomorrow Mr. Ben Wikstrom February 4, 2014 Page 2 9. The access easement on the north portion of the property must be updated as an access and maintenance agreement specifying the users, use, maintenance and financial responsibility for this easement, and be reviewed by the city and recorded with the final plat. 10. The existing conditions' line type and the existing driveway are unreadable on the plans and must be changed for the next submittal. Once you have assembled the information and revised the plans as appropriate, please resubmit you application. If you have any questions or need additional information, please contact me, bgenerous(a)ci.chanhassen.mn.us or (952) 227-1131, or Terry Jeffery, Water Resources Coordinator, at teffery@ci.chanhassen.mn.us or (952) 227-1168. Sincerel Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Marty Campion, Campion Engineering Services, Inc. Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator g:\plan\2014 planning cas \2014-08 fntham 19th addition\incomplete letter fretham 19th.doc To: Planning & Zoning Commission: Chanhassen, MN. 55317 & Mayor Furlong & City Council Director: Kate Aanenson Senior Planner: Bob Generous Mayor Furlong & Council members Date: February 19, 2014 Re: Application for development of 6397 & 6411 Bretton Way by Fretham 19th addition Gerald & Karon Story purchased the land adjacent to these properties in 1991. The only access into their property is a 14ft easement road which the Storys have plowed, graded and maintained for 23 years. They are the only house that uses the road easement. In 2005 they were told by the planning that the road easement was adequate for one house and they were not land locked as long as their easement was in tact. (see attached on Minn. St.1957)The aforementioned 6397 & 6411 have front access from Bretton Way and both were rented. A small rental with several garages at 6397 and a large commercial building that was mostly vacant for the last 23 years. The Story's have always used & maintained the road easement. The language of the road easement states the tract of land shall be forever with the Tract B parcel which is owned by the Storys. It also states the granted lands and premises will be in the quiet and peaceable possession of said parties & heirs , against all persons lawfully claiming or trying to obtain the whole or any part thereof, subject to incumbrances. This easement shall not be diminished in any way. Any changes in the existing land would be an incumbrance to the easement as stated in document #14114 . The water, sewer and gas lines all run down the road easement and cannot be disturbed. The shutoffs are also along side the road easement off the street where the developer is proposing to put a house. See attached Chanhassen City Code: A proposed subdivision will not conflict with a easement. 6281 Teton needs road access that is not divided or have encumbrances. It has to remain with one of the parcels of land the way it is deeded now. Deed Alternative: Deed property of easement to 6281 Teton and the easement will no longer be part of the development hard cover. Property owners Gerald & Karon Story 6281 Teton lane, Chanhassen, Mn. 55317 952-401-8029 § 18-39 CHANHASSEN CITY CODE (2) Refer the preliminary plat to the planning commission or appropriate city staff, officers or departments for further investigation; or (3) Disapprove the preliminary plat. If the plat is not approved, the city council shall state the reasons for denial on the record. M The findings necessary for city council approval of the preliminary plat and the final plat shall be as follows: (1) The proposed subdivision is consistent with the zoning ordinance; (2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; (3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; (4) The proposed subdivision makes adequate provision for water supply, storm drain- age, sewage disposal, streets, erosion control and all other improvements required by this chapter; (5) The proposed subdivision will not cause environmental damage; (6) The proposed subdivision will not conflict with easements of record. (7) The proposed subdivision is not premature. A subdivision is premature if any of the C following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. ----,d - Lack of adequate off -site public improvements or support systems. (9) The city shall notify the applicant of the city council's action, stating the conditions of approval or reasons for disapproval. (h) An applicant may at his own risk, apply to process the preliminary and final plats imultaneously. Ord. No. 33-D, § 4.1, 2-25.85) Sec. 18-40. Same —Data required. Unless waived by the city because of the limited size and nature of the proposal, the following shall be furnished with a preliminary plat: (1) Identification and description: a. Proposed name of subdivision, which shall not duplicate or be similar in pronun- ciation or spelling to the name of any other plat in the county. b. Legal description. c. Names and addresses of the record owner, subdivider. land surveyor, engineer, designer of the plat, and any agent having control of the land. 1002 &AS _ .SQ- ruNS OM � 5 4o 151k, i N G- Jan.30.2014 12:33 PAGE. 1/ 7 Gfd„ q 3?- 57 3 ?