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CAS-14_WILSON NURSERY SSTS VARIANCE0 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron 1380 Corporate Center Curve Suite 317 • Fagan, MN 55121 651452-5000 Fax 651-452-5550 www.ck-12W.tnn1 • 0 CAMPBELL KNUTSON Professional Association September 10, 2013 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen — Miscellaneous Recording Dear Kim: 13 -)Lf CITY OF RECEIVED SSEN SEP 12 2013 CHANHASSEN PLANNING DEPT Pursuant to your letter of July 31, 2013, enclosed herewith for your files is the original recorded Variance 2013-14. Please note that this Variance was recorded with the Carver County Recorder on August 5, 2013, as Document No. A581879. If you have any questions regarding the above, please give me a call. cjh Enclosure Very truly yours, CAMPBELL KNUTSON Professional Association By: Carole J. Hoeft Legal Assistant SCANNED Document No. OFFICE OF THE A 5 g 1 g 7 g COUNTY RECORDER CARVER COUNTY, MINNESOTA Receipt # Certified Recorded on August 05, 2013 4:30 PM Fee: $46.00 581879 1111111119111 CMark ounty Rdecorder CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2013-14 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves Planning Case #2013-14 for a variance to permit installation of sewage holding tanks on property zoned Agricultural Estate District (A-2). 2. Pirope The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: See Attached Exhibit A 3. Condition. The variance approval is subject to the following conditions: a. Variance allowing holding tanks to be time limited to three years. b. Sewage holding tanks may not serve an inhabited structure. c. Site served by holding tanks must be seasonal use only. d. Sewage holding tank(s) to have capacity alarm. e. Sewage holding tank(s) pumping contract required. f. The new holding tanks must be 50 feet from the well on the property. g. The tanks must 50 feet from the wetland on the north and west sides of the property. h. The tanks must be outside of the right-of-way. i. The septic holding tank system must be installed per plumbers code. 4. LRI s2. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: July 16, 2013 9 0 (SEAL) STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN BY: T Thomas A. Furlong, Mayo AND: Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this 3/s;day of 2013 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the dAy of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. C!� N TAR UBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 ' �`''4 KAREN J. ENGELHARDT ��, t' Notary Public•A4innesota "'� MY Commiesion Expires Jen 31, 2015 .w EXHIBIT A The East Half of the East Half of the South Half of the Southeast Quarter, and the Southeast Quarter of the Northeast Quarter of the Southeast Quarter, Section 23, Township 116, Range 23, Carver County, Minnestoa. And also that part of the North Half of the Southwest Quarter of Section 24, Township 116, Range 23, Carver County, Minnesota, lying southerly of the north 730.00 feet as measured along westerly line thereof and lying Westerly of the centerline of State Highway No. 101, the centerline of which is described as follows: Beginning at a point on the North line of the Southwest Quarter of Section 24, Township 116, Range 23, a distance of 632.52 feet East of the Northwest comer of said Southwest Quarter; the bearing of the North line of the Southwest Quarter is assumed to be South 88 degrees 46 minutes 29 seconds East; thence South 4 degrees 24 minutes 47 seconds West a distance of 413.72 feet; thence on a tangential curve, concave to the East having a central angle of I1 degrees 38 minutes 21 seconds and a radius of 1962.29 feet a distance of 398.62 feet; thence South 7 degrees 13 minutes 34 seconds East tangent to the last described curve, a distance of 217.65 feet; thence on a tangential curve, concave to the West having a central angle of 14 degrees 29 minutes 17 seconds and a radius of 1166.15 feet a distance of 294.88 feet, more or less, to a point on the south line of the North Half of the Southwest Quarter of Section 24 and thence terminating said point distance 660.44 feet Easterly of the Southwest corner of the North Half of the Southwest Quarter. CITY OF CHANHA•SSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OTRANSMITTAL DATE JOB NO. 7/31/13 2013 14 ATTENTION Carole Hoeft RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 7/16/13 13-14 Variance 2013-14 for Wilson Nurse 9150 Great Plains Blvd. ❑ FORBIDS DUE For Recording ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Paul Oehme, Public Works Director/City Engineer copies for approval copies for distribution corrected prints SCANNED If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2013-14 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves Planning Case #2013-14 for a variance to permit installation of sewage holding tanks on property zoned Agricultural Estate District (A-2). 2. Procerty. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: E%S%SE%&SEXOFNEI4 SEX&ALSOKON%SWX SECTION 24 LYING SLY OF N 730' AS MEAS ALONG WLY LINE THEROF & LYING WLY OF CENTERLINE OF HWY 101 AS SURVEYED EXC. P71 -D MNDOT ROW PLAT 10-19, Carver County, Minnesota 3. Condition. The variance approval is subject to the following conditions: a. Variance allowing holding tanks to be time limited to three years. b. Sewage holding tanks may not serve an inhabited structure. c. Site served by holding tanks must be seasonal use only. d. Sewage holding tank(s) to have capacity alarm. e. Sewage holding tank(s) pumping contract required. f. The new holding tanks must be 50 feet from the well on the property. g. The tanks must 50 feet from the wetland on the north and west sides of the property. h. The tanks must be outside of the right-of-way. i. The septic holding tank system must be installed per plumbers code. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: July 16, 2013 (SEAL) STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN BY: T Thom as A. Furlong, Mayo AND: Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this 3/s;aay of 2013 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the ' y of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. N TARP UBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 KAREN J. ENGELHARDT -�� NataNPubllaMinnesota MY Cmxnia . Evk%den 31.2015 g:\plan\2013 planning cases12013-14 wilson nursery variance\approval lener.doc SCANNED Chanhassen is a Community for Life . Providing for Today and Planning for Tomorrow July 26, 2013 CITY OF CgANgASSEN Mr. Paul Oehme 7700 Market Boulevard City of Chanhassen PBox 147 Chanhassen, MN 55317 7700 Market Boulevard Chanhassen, MN 55317 Administration Re: Wilson Nursery Variance — Planning Case 2013-14 Phone: 952.2271100 Fax: 952.227.1110 Dear Mr. Oehme: Building Inspections Phone: 952.227.1180 This letter is to formally notify you that on July 16, 2013, the Board of Appeals and Fax: 952.227.1190 Adjustments approved a variance from Chanhassen City Code to allow installation of sewage holding tanks on property zoned Agricultural Estate (A2) and located at 9150 Engineering Phone: 952.227.1160 Great Plains Boulevard (Wilson Nursery) with the following conditions: Fax: 952.227.1170 1. Variance allowing holding tanks to be time limited to three years. Finance 2. Sewage holding tanks may not serve an inhabited structure. Phone: 952.227.1140 3. Site served by holding tanks must be seasonal use only. Fax: 952.227.1110 4. Sewage holding tank(s) to have capacity alarm. 5. Sewage holding tank(s) pumping contract required. Park Recreation Phone::952.227.1120 6. The new holding tanks must be 50 feet from the well on the property. Fax: 952.2271110 7 The tanks must 50 feet from the wetland on the north and west sides of the property. Recreation Center 8. The tanks must be outside of the right-of-way. 2310 Coulter Boulevard 9. The septic holding tank system must be installed per plumbers code. Phone: 952.227.1400 Fax: 952.227.1404 Enclosed is a copy of the variance document that has been prepared for recording. Planning & Natural Resources If you have any questions, please call me at (952) 227-1139 or e-mail me at Phone: 952.227.1130 kaanensont&ci.chanhassen.mn.us Fax: 952.227.1110 Sincerely, Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Kate Aanenson, AICP Senior Center City of Chanhassen Phone: 952.227.1125 Fax: 952.227.1110 KA.jtm Web Site Enclosure www.ci.chanhassen.mn.us g:\plan\2013 planning cases12013-14 wilson nursery variance\approval lener.doc SCANNED Chanhassen is a Community for Life . Providing for Today and Planning for Tomorrow 0 • r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2013-14 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves Planning Case #2013-14 for a variance to permit installation of sewage holding tanks on property zoned Agricultural Estate District (A-2). 2. Procerty. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Ey5SY.SE%&SEI4OFNE14 SE%&ALSOP/0N%SWI4 SECTION 24 LYING SLY OF N 790' AS MEAS ALONG WLY UNE THEROF & LYING WLY OF CENTERUNE OF HWY 101 AS SURVEYED EXQ P71 -D MNDOT ROW PLAT 10-19, Carver County, Minneada 3. Condition. The variance approval is subject to the following conditions: a. Variance allowing holding tanks to be time limited to three years. b. Sewage holding tanks may not serve an inhabited structure. c. Site served by holding tanks must be seasonal use only. d. Sewage holding tank(s) to have capacity alarm. e. Sewage holding tank(s) pumping contract required. f. The new holding tanks must be 50 feet from the well on the property. g. The tanks must 50 feet from the wetland on the north and west sides of the property. h. The tanks must be outside of the right-of-way. i. The septic holding tank system must be installed per plumbers code. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: July 16, 2013 0 CrfY OF CE ANHASSEN M (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Thomas A. Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this _ day of , 2013 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 E 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of The City of Chanhassen on behalf of Wilson Nursery for a variance to permit installation of sewage holding tanks on property zoned Agricultural Estate (A2) — Planning Case #2013-14. On July 16, 2013, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate. 2. The property is guided in the Chanhassen Comprehensive Plan for residential low density use. 3. The legal description of the property is described as follows: E%S%SE%&SE16OFNE14 SE%&ALSOP/ON%SW14 SECTION 24 LYING SLY OF N 730' AS MEAS ALONG WLY LINE THEROF & LYING WLY OF CENTERLINE OF HWY 101 AS SURVEYED EXQ P71-0 MNDOT R4W PIAT 10.19, Carver County, Minnesota 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction of the holding tank(s) may be allowed for structures or pre- existing dwellings where an SSTS, as described in Minn. Rules, or site conditions, cannot reasonably be installed as determined by the Department. 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. SCANNED 0 0 Finding: The location of the house adjacent to the street and the right-of-way does not allow for an alternative septic site. Based on the operation of the nursery and the site topography, there is not an acceptable alternative site for the septic system. The holding tank is intended to be temporary until sewer and water are available. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations. There is no viable alternative septic site so the holding tanks will be a temporary solution until such time as the site develops and municipal services are brought in to the property. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The alleged difficulty or hardship is not a self-created hardship. The septic system is very old and no record of the system is on file at the City. The contractor working on the roadway damaged the existing system when installing the new utilities. e. The variance, if granted, will not alter the essential character of the locality. Finding: The site is currently being used as a nursery business. The temporary use of the holding tanks should not alter the essential character of the area. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2013-15, dated July 16, 2013, prepared by Kate Aanenson, et al, is incorporated herein. DECISION The Board of Appeals and Adjustments approves a variance for the installation of sewage holding tanks subject to the conditions in the staff report. 2013. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 16`s day of July, CITY OF CHANHASSEN t. ma 9Aplant2013 planning cases\2013-14V 150 Great Plains Boulevard \findings of fact.doc Chanhassen Planning Commission — July 16, 2013 Wetland buffers are required around all wetlands on site. 2. A plan should be provided showing the location of all wetland buffer signs. These signs shall be placed concurrent to the installation of erosion prevention and sediment control BMPs except when grading is proposed at a buffer monument location. 3. The plan must meet the sequencing requirements of the Minnesota Wetland Conservation Act. This can be accomplished by locating the sidewalk to the north side of the proposed road and extending the regional connection between lots 11 and 12 of Block 1. 4. A completed Application for Withdrawal of Wetland Credits Form shall be provided with the Minnesota Local/State/Federal Application for Water/Wetland Projects as well as a signed and executed purchase agreement between the applicant and the bank holder. 5. Wetland nomenclature on plan set shall be amended to correspond with HydroCAD drainage report and wetland replacement application. 6. Approval of the Wetland Alteration Permit is contingent upon approval of the Land Use Plan Amendment, variances, Rezoning, Site Plan Review, Final Plat, and execution of the Development Contract. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: 9150 GREAT PLAINS BOULEVARD: REOUEST FOR VARIANCE TO ALLOW AN ALTERNATIVE TO A SUBSURFACE TREATMENT SYSTEM (SSTS) ON PROPERTY ZONED AGRICULTURAL ESTATE (A2) AND LOCATED AT 9150 GREAT PLAINS BOULEVARD. APPLICANT: CITY OF CHANHASSEN. PROPERTY OWNER: JAMES D. WILSON, ET. AL, PLANNING CASE 2013-14. Aanenson: This is the Wilson Nursery piece. This is a request for a variance in the City Code to allow the installation of a sewage ... on property zoned Agricultural. The subject site is 38, I mean 39 acres and is seasonally used as a nursery site. It's guided low density in the 2030 Comprehensive Plan. This is the location of the subject site. Again it's almost 39 acres. It abuts Highway 101 where it just so happens that the City is doing an improvement project. This is kind of the engineered drawing of the improvement project. ...but as they were working in the, what they believed was the easement, existing septic site was in that easement area and was not ... so it was accidentally hit so if you look at this map, which would be a little easier to read then the engineering plan ... it's right on the easement area so it was hit. ...so the resolution that we're proposing with this variance request is to put a holding tank in there. The City has adopted Carver County's ordinance for holding tanks and that's what we're referring to here so the recommendation would be to replace it with a holding tank so it has to be pumped regularly. We feel comfortable with this use as this, the Wilson Nursery property because it is a seasonal use. So no one's living there. It's used as part of the operation. The reason why another septic site could not be placed on this site is that the entire area's been compromised through the activity that's taken place with the landscaping business and then the ultimate grading of that right-of-way for the City's... There wasn't a good site to put that so this is in a future growth area. We do believe that within the next number of years they could potentially redevelop. Basically a lift station built off of Powers Boulevard immediately to the west of this property bringing sewer up ... but we do believe that is coming in in the near future so the staff 38 SCANNED L. Chanhassen Planning Commission — July 16, 2013 • is comfortable putting the holding tank in there. We did put the conditions on there in the staff report specifically relating to time line... discussion with the city engineering regarding that... certainly if we're not in there with sewer and water, we would extend that again as long as we needed to make that happen until such time that sewer and water is available. With that we put the standard conditions that would be required through the County and through our ordinance to make that happen. So again you put those ordinance references in there from the County and that we are recommending a variance to install holding tanks. Subject to those conditions so I'd be happy to answer any questions you have. Aller: Questions? Yusuf Who will be servicing the holding tank? Aanenson: Oh that's a good question. Actually I think because the nursery is, I did ask the City Engineer that because the nursery is managing their septic system right now. Once they install it, then they will be managing that. They'll have their private contractor manage the... Aller: Anything else? Yusuf Do you have any idea how long this type of .. Aanenson: You know we thought we had some development happening on that, we had a project that didn't come to fruition as the economy turned but you have to come from the property to the, just to the west of this that abuts Powers Boulevard. That's where the lift station would be so, but ... interest in the property. It's the property in front of it that's not as interested at this time in developing so. Don't know. Could happen in 2 years. Could happen in 5 or 6 years or more. Yusuf. Thank you. Withrow: Kate, will these be visible from the highway? Aanenson: No they won't. Withrow: They will be shielded. Aanenson: Yep they'll be, yeah. Actually they are buried so. Withrow: They're buried, oh okay. I'm sorry. Aanenson: That's okay. I probably didn't make that clear but they are, yep. Yep, and they won't be outside the right-of-way. Aller: I'll entertain a motion. Yusuf I'll make a motion the Chanhassen Planning Commission as the Board of Appeals and Adjustments approves Planning Case 2013-14 for a variance to permit installation of sewage holding tanks subject to the conditions of approval and adoption of the attached Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Withrow: I'll second. 39 / Chanhassen Planning Commission —July 16, 2013 Aller: I have a motion and a second. Any further discussion? I have none Yusuf moved, Withrow seconded that the Planning Commission, acting as the Board of Appeals and Adjustments approves Planning Case #2013-14 for a variance to permit installation of sewage holding tanks subject to the following conditions and adoption of the attached Findings of Fact and Decision: 1. Variance allowing holding tanks to be time limited to three years. 2. Sewage holding tanks may not serve an inhabited structure. 3. Site served by holding tanks must be seasonal use only. 4. Sewage holding tank(s) to have capacity alarm. 5. Sewage holding tank(s) pumping contract required. 6. The new holding tanks must be 50 feet from the well on the property. 7. The tanks must 50 feet from the wetland on the north and west sides of the property. 8. The tanks must be outside of the right-of-way. 9. The septic holding tank system must be installed per plumbers code. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated June 18, 2013 as presented. ADMINISTRATIVE PRESENTATIONS: Aanenson: There was no council update. They also did not meet because of the 40' of July and just to go over your upcoming items. Next meeting will be National Night Out so we hope you're all doing something in your own neighborhood so, we've had a lot of requests that people ... in their own neighborhood so... For sure we're expecting something to come in on this Friday, so that will be on, a small subdivision on for August 20h. And we also note that the Southwest Village Townhomes will be in for September P so we do anticipate two other projects coming forward. And we do have a definitive date for our joint commissions tour and that will be September 11 `s, which is a Wednesday. I'll send you out another note so, we're going to meet, so three weeks in a row there... Withrow: So our next meeting is when, I'm sorry? Aanenson: It will be on August 20`s. Withrow: Thank you. Aanenson: Yep, August 6tb is National Night Out. And also I included in your packet was, just some information on some new businesses that were welcomed to the City. Aller: Yeah, so anybody that's watching please check us out on the website and take a look at the new businesses that are issued sign permits throughout the year. They're obviously looking for us to Buy Chanhassen. Thank you to all the sponsors out there who did such a great job on the 0 of July parade activities. They were great. With that I'll take a motion to adjourn. 40 • CITY OF CHANHASSEN PROPOSED MOTION: PC JCE: July 16, 2012 ❑ CC DATE: REVIEW DEADLINE: August 13, 2013 CASE #: 2013-14 BY: KA "The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves Planning Case #2013-14 for a variance to permit installation of sewage holding tanks subject to the conditions of approval, and adoption of the attached Findings of Fact and Decision. SUMMARY OF REQUEST: Request for a variance from Chanhassen City Code to allow installation of sewage holding tanks on property zoned Agricultural Estate (A2). LOCATION: 9150 Great Plains Boulevard APPLICANT: City of Chanhassen 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 m— James D. Wilson 5730 Yancy Ave. New Germany, MN 55367 PRESENT ZONING: Single -Family Residential (RSF) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 38.5 DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION- MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for variance. The City has a relatively high level of discretion with a variance because of the burden of proof is on the applicant to show that they meet the standards in the ordinance. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY M LD Request for a variance from Chanhassen City Code to allow installation of sewage holding tanks on property zoned Agricultural Estate (A2). The subject property is 38.85 acres and is used seasonally as a nursery site. It is guided Low Density Residential in the 2030 Comprehensive Plan. SCANNED 0 0 Planning Commission 9150 Great Plains Boulevard Variance Request — Planning Case 2013-14 July 16, 2013 Page 2 of 5 APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances. • Chapter 19-66, Article IV Ordinance adopted by reference. • Carver County Ordinance 67-2010, "Subsurface Sewage Treatment Systems Purpose, Intent, and Authority", is hereby adopted by reference and incorporated herein subject to the amendments set forth in this article. BACKGROUND The segment of TH 101 from Lyman Boulevard to Pioneer Trail is being reconstructed to a four - lane divided highway. The roadway is being widened and tum lanes constructed at all major intersections. Right-of-way was acquired to accommodate the wider roadway section. Right-of-way was acquired from the Wilson Nursery property for the wider roadway section and tum lanes. The strip of property that was acquired had the septic tank and drain field in it. The septic system is very old and no record of the system is on file at the City. The contractor working on the roadway damaged the existing system when installing the new utilities. ANALYSIS The Wilson Nursery site is a business site with no living accommodations. The business is only open during the summer months and, for this reason, the septic system has very low flows. Staff is proposing to install holding tanks at this site because no viable septic system site is available on the property. Proposed Holding Tank Existing Septic Tank After reviewing the system with a sewage treatment system contractor, the existing system is too old to fix. The Wilson Nursery site does not have a viable location on site for an alternative Planning Commission 9150 Great Plains Boulevard Variance Request — Planning Case 2013-14 July 16, 2013 Page 3 of 5 septic system. The property is on a hilly area and most of the soil has been disturbed by the business operation. The holding tanks are a temporary measure. Future development will include hook-ups to City sewer and water. The new holding tanks will be installed northeast of the existing house. The tanks must be 50 feet away from any wetland. The proposed tanks must be 50 feet from the well. The tanks must also be located outside of the right -of- way. The applicable Carver County SSTS ordinance is as follows: § 52.024 HOLDING TANKS. Holding tanks may be used for single family homes and other structures with limited water use, as determined by the Department, under the following conditions. (A) Holding tank(s) may be allowed for structures or pre-existing dwellings where an SSTS, as described in Minn. Rules Chapter 7080.2210 through 7080.2230, or site conditions described in Minn. Rules Chapter7081.0270, subparts 3 through 7, cannot reasonably be installed as determined by the Department. (B) Septic tank(s) may be allowed temporarily as holding tank(s) for: (1) New residential construction completed when the ground is frozen or the soil is above the plastic limit not allowing the full soil treatment and dispersal system to be installed; or (2) Repair of an imminent threat to public health or safety in accordance with § 52.056. (C) Holding tank(s) must not be used as an SSTS for: (1) New residential construction; (2) Improvements greater than 50% of the assessed value of the structure at the time of the application for the improvement; or (3) Recreational uses on undeveloped lots of record. (D)A minimum of a 1,500 -gallon holding tank must be installed in accordance with Minn. Rules Chapter7080.2290. (E) The property owner must provide to the Department a copy of a valid monitoring and disposal contract executed between the property owner and a licensed SSTS maintainer, which guarantees the removal of the holding tank contents in a timely manner that prevents an illegal discharge in accordance with Minn. Rules Chapter 7082.0100, subpart 3, item G. (F) The property owner must hold a valid contract with a licensed SSTS maintainer at all times. (G) The licensed SSTS maintainer must certify the date the pumping occurred, number of gallons removed, any tank leakage below or above the operating depth, and the treatment facility to which the waste was discharged and if applicable, water meter reading at the time of pumping. The licensed SSTS maintainer is to note any safety concerns, troubleshooting or repairs conducted. (Ord. 67-2010, passed 5-17-11) Penalty, see § 52.999. Planning Commission 0 • 9150 Great Plains Boulevard Variance Request — Planning Case 2013-14 July 16, 2013 Page 4 of 5 Based on the operation of the nursery and the site topography there is not an acceptable alternative site for the septic system. This property has the potential to be served by municipal services (sewer and water) in the near future. The holding tank is intended to be temporary until sewer and water are available. A variance may be granted if all of the following criteria are met: (1) 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. (2) 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. (3) That the purpose of the variation is not based upon economic considerations alone. (4) The plight of the landowner is due to circumstances unique to the property not created by the landowner. (5) The variance, if granted, will not alter the essential character of the locality. (6) Variances shall be granted for earth -sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter. Staff finds that in this instance these criteria have been met. RECOMMENDATION Staff recommends that the Planning Commission approve the installation of sewage holding tank variance subject to the following conditions and adoption of the attached Findings of Fact and Decision: 1. Variance allowing holding tanks to be time limited to three years. 2. Sewage holding tanks may not serve an inhabited structure. 3. Site served by holding tanks must be seasonal use only. 4. Sewage holding tank(s) to have capacity alarm. 5. Sewage holding tank(s) pumping contract required. 6. The new holding tanks must be 50 feet from the well on the property. 7. The tanks must 50 feet from the wetland on the north and west sides of the property. 8. The tanks must be outside of the right-of-way. 9. The septic holding tank system must be installed per plumbers code. Planning Commission 0 • 9150 Great Plains Boulevard Variance Request — Planning Case 2013-14 July 16, 2013 Page 5 of 5 ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Engineering Plans for Highway 101. 4. Public Hearing Notice and Mailing List. g:\plan\2013 planning emm\2013-14 6561\9150 Great Plains Boulevard\staff report.dw 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of The City of Chanhassen on behalf of Wilson Nursery for a variance to permit installation of sewage holding tanks on property zoned Agricultural Estate (A2) — Planning Case #2013-14. On July 16, 2013, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate. 2. The property is guided in the Chanhassen Comprehensive Plan for residential low density use. 3. The legal description of the property is described as follows: E%SASEA&SEI4OFNEY. SE%&ALSOP/ON%SW14 SECTION 24 LYING SLY OF N 730' AS MEAS ALONG WLY LINE THEROF & LYING WLY OF CENTERLINE OF HWY 101 AS SURVEYED EXC: P71 -D MNDOT R4W PLAT 10-19, Carver County, Minnesota 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction of the holding tank(s) may be allowed for structures or pre- existing dwellings where an SSTS, as described in Minn. Rules, or site conditions, cannot reasonably be installed as determined by the Department. 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. 0 0 Finding: The location of the house adjacent to the street and the right-of-way does not allow for an alternative septic site. Based on the operation of the nursery and the site topography, there is not an acceptable alternative site for the septic system. The holding tank is intended to be temporary until sewer and water are available. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations. There is no viable alternative septic site so the holding tanks will be a temporary solution until such time as the site develops and municipal services are brought in to the property. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The alleged difficulty or hardship is not a self-created hardship. The septic system is very old and no record of the system is on file at the City. The contractor working on the roadway damaged the existing system when installing the new utilities. e. The variance, if granted, will not alter the essential character of the locality. Finding: The site is currently being used as a nursery business. The temporary use of the holding tanks should not alter the essential character of the area. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2013-15, dated July 16, 2013, prepared by Kate Aanenson, et al, is incorporated herein. DECISION The Board of Appeals and Adjustments approves a variance for the installation of sewage holding tanks subject to the conditions in the staff report. 2013. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 16a day of July, Eel Iwas) 94 110210/ycf :121 R" Chairman gAplan\2013 planning cases\2013-14\9150 Great Plains Boulevard \findings of fact.doc rK11V 1 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Address: Nhone: `-]Sd-a3-7-/J0 Fax: Email: P i0r ha -tea c i MA.0 s r Planning Case No.c' 20 -1 Name and Address: Phone:95X-i4gs•-Foft8 fax:"" Email:wAscar,,-�"&_-,r&'. cl.rn& NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision` Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) X Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign - $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost*' - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ W atVej An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. "Five (5) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.til) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: U V 1 1 `Y1y `lam' Ir LOCATION: "t��n 6�iecL4 ?Kai'nS'7iAi0 . LEGAL DESCRIPTION AND PID:�jcZ IOG TOTAL ACREAGE: 313 WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. �/�G• 1-' Signature of Applicant //-- L -711Z -2S ate t 6 gnature of Fee Owner Datef 9:\p1an\f0=Skdeve10pmen1 review applicationAm PROJECT NAME:_ �III�c7Y1J �rG\j�.rY�t� LOCATION: �Q Gf eLt4 T\At ✓1S � `va LEGAL DESCRIPTION AND PID: TOTAL ACREAGE: 313 . [j`E WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant ate gnaturree�of Fee Owner Dat ef g:\planlforms\development review application.doc 0 a � w I I r a _ � 3 F �� (1 l i I 1 i I 1 4 8 SSS i I vg "i g1 I � s 00+£91 3NI� HJ1VN1 u w a , 1 N ? nDBpy R I I phi til d 11 II ¢ @ 0 8 I c.- 1 8' i I ^1 1II 1 1 oo+ggt- j 8 0 A z CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July 3, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Wilson Variance — Planning Case 2013-14 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before nw this day of l 2013. wt� Nota Public KIM T. MEl.f4t1?S5EN Nr"eh nn 015 My ;;ommiss 6�ires Jen 31 2(115 Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, July 16, 2013 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Variance to allow an alternative to a Subsurface Proposal: Treatment System (SSTS) on property zoned Agricultural Estate A2 —Wilson's Nursery Applicant: City of Chanhassen Property 9150 Great Plains Boulevard 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/2013-14. If you wish to talk to someone about this project, please contact Kate Aanenson by Questions & email at kaanensonna ci.chanhassen.mn.us or by phone at Comments: 952-227-1139. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party Is Invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These repons are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any Interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. If you wish to have something to be included In the report, please contact the Planning Staff person named on the notification. Date & Time: Tuesday, July 16, 2013 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Variance to allow an alternative to a Subsurface Proposal: Treatment System (SSTS) on property zoned Agricultural Estate A2 — Wilson's Nursery Applicant: City of Chanhassen Property 9150 Great Plains Boulevard 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 tt� public hearing through the following steps: W What Happens Wthe 1 • Staff will give an overview of the proposed project. 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/2013-14. If you wish to talk to someone about this project, please contact Kate Aanenson by Questions & email at kaanensonCa)ci.chanhassen.mn.us or by phone at Comments: 952-227-1139. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. Aill City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Altered- , Rezonings. Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota state Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative Is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. BRIAN EDDS 575 SUMMERFIELD DR CHANHASSEN MN 55317-7645 DAVID R & MARY B BLANSKI 9350 GREAT PLAINS BLVD CHANHASSEN MN 55317-8642 GIANETTI PROPERTIES LLC 2899 HUDSON BLVD ST PAUL MN 55128-7100 PATRICK A & LAURENE FARRELL 801 LYMAN BLVD CHANHASSEN MN 55317-9161 SPRINGFIELD HOMEOWNERS ASSN 7100 MADISON AVE GOLDEN VALLEY MN 55427-3602 TIMOTHY S & TAMARA S MILLER 579 SUMMERFIELD DR CHANHASSEN MN 55317-7645 DANEIL J MUELLER 587 SUMMERFIELD DR CHANHASSEN MN 55317-7645 ERIC W LORENTZSON 591 SUMMERFIELD DR CHANHASSEN MN 55317-7645 JAMES D WILSON ETAL 5730 YANCY AVE NEW GERMANY MN 55367-9327 PAUL C SCHNETTLER 599 SUMMERFIELD DR CHANHASSEN MN 55317-7645 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317-8695 DAVID G DELFORGE 891 LYMAN BLVD CHANHASSEN MN 55317-9161 FRANK T & MARY LOU WHALEY 851 LYMAN BLVD CHANHASSEN MN 55317-9161 LEISL FATEMA AU VANTE-JOHNSON 595 SUMMERFIELD DR CHANHASSEN MN 55317-7645 PAUL D & CAROL L PAULSON 9250 GREAT PLAINS BLVD CHANHASSEN MN 55317-8641 TIMOTHY M VICCHIOLLO 583 SUMMERFIELD DR CHANHASSEN MN 55317-7645 Affidavit of Publication - Southwest Newspapers CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES State of Minnesota) NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2013-14 )SS. NOTICE IS HEREBY GIVEN that the Chanhassen Planning County of Carver ) Commission will hold a public hearing on Tuesday July 16, 2013, at 7:00 P.M. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The Purpose this his Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized 8 Y Y hearing is to consider a request for a agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- a Variance to allow an alternative lager and has full knowledge of the facts herein stated as follows: to a Subsurface Treatment System (SSTS) on property zoned (A) These newspapers have complied with the requirements constituting qualification as a legal Agricultural Estate (A2) andlocated newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as at 9150 Great Plains Boulevard. amended Applicant: City of Chanhassen. Owner. James D. Wilson, ettio I A Plan showing the location of B The printed public notice that is attached to this Affidavit and identified as No. [_ g ( ) P the proposal is available for public was published on the date or dates and in the newspaper stated in the attached Notice and said reviewonthe City'swebsiteat www Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of ii.chanhassen.mmus/2013-14 or at the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both City Hall during regular business inclusive, and is hereby acknowledged as being the kind and size of type used in the composition hours. All interested persons are and publication of the Notice: invited to attend this public hearing and express their opinions with respect to this Proposal. abrdefghpklmnopgrs vwxyz Kate Aanenson, AICE Community Development ment Director Email: kaanensonQa ci.chanhasmn. By /1/\/ x'39 Phone: 952-227-1139 Laurie A. Hartmann (Published in the Chanhassen Villager on Thursday, July 4, 2013; No. 4819) Subscribed and sworn before me on this Slay of 2013 JYMME JEMNME BARK NO'ARY PLK C - M'NNESCTA WY Cr71lIAiSSICN EXPIRES 07/311'8 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate al lowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter..............................................$12.59 per column inch SCANNED 0 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2013-14 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, July 16, 2013, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance to allow an alternative to a Subsurface Treatment System (SSTS) on property zoned Agricultural Estate (A2) and located at 9150 Great Plains Boulevard. Applicant: City of Chanhassen. Owner: James D. Wilson, et al. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2013-14 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Kate Aanenson, AICP, Community Development Director Email: kaanenson(i�ci.chanhassen.mn.us Phone: 952-227-1139 (Publish in the Chanhassen Villager on July 4, 2013) SCANNED Date: June 19, 2013 City of Chanhassen 7700 Market Boulevard P.O. Boz 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: July 5, 2013 By: Kate Aanenson, AICP, Community Development Director Subject: 9150 GREAT PLAINS BOULEVARD: Request for a variance from Chanhassen City Code Section 19, Article IV. Subsurface Sewage Treatment Systems (SSTS) to allow installation of sewage holding tanks on property zoned Agricultural Estate (A2) and located at 9150 Great Plains Boulevard. Applicant: City of Chanhassen. Owner: James D. Wilson, et al. Planning Case: 2013-14 PID: 25-0232100 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on June 14, 2013. The 60 -day review period ends August 13, 2013. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on July 16, 2013 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 5, 2013. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official L Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (CenturyLink) 10. Electric Company (Xcel Energy) 11. Mediacom 12. CenterPoint Energy Mirmegasco SCANNED Carver County, MN owa T rmmP. aeabaulna c..arC.Un"Geopapl Map Scale N Ma^Wm SY� (GMM. n is am V"w a�admMbnam a.m aam ..n�.C*Y,C Vy.Sw,. Faaaeiaxes. m.nwom� : 1 inch = 1831 feet ..nO"a m bpeay b Im vasa u a WE n c C mfi ty m na.eapa W any xuava«a ma.ar,a nae.. Map Date 6/14/2013 S 0 0 The segment of TH 101 from Lyman Boulevard to Pioneer Trail is being reconstructed to a four - lane divided highway. The roadway is being widened and turn lanes constructed at all major intersections. Right-of-way was acquired to accommodate the wider roadway section. Right-of-way was acquired from the Wilson Nursery property for the wider roadway section and tum lanes. The strip of property that was acquired had the septic tank and drain field in it. The septic system is very old and no record of the system is on file at the City. The contractor working on the roadway damaged the existing system when installing the new utilities. After reviewing the system with a sewage treatment system contractor, it was determined the existing system is too old to fix. The Wilson Nursery property does not have a viable location on site for an alternative septic system. The property is on a hilly area and most of the soil has been disturbed by the business operation. The Wilson Nursery site is a business site with no living accommodations. The business is only open during the summer months and for this reason, the septic system has very low flows. Staff is proposing to install holding tanks at this site because no viable septic system site is available on the property. gAplan\2013 planning case512013-14 wilson nursery varimm\n rta[iveAm SCANNED