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CAS-16_2018-16 7644 S. SHORE DRIVE PID 258010230
Date: 09-20-2018 Time: 03:27 PM Recording Fee: $46.00 Paid on 09-20-2018 County: Carver State: MN Requesting Party: CAMPBELL KNUTSON PA Kaaren Lewis County Recorder CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2018-16 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 the construction of a boulder wall, flagstone stepper path, and pervious flagstone patio within the bluff setback and impact zone. 2. Prope . The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 9, Block 2, South Lotus Lake 2"d Addition. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a zoning permit. 2. The survey should be updated and provided as part of the zoning permit application showing: a) the top of the bluff, b) 20 -foot bluff impact zone; c) 30 -foot bluff setback; d) proposed lot coverage; e) 15" storm pipe and the drainage and utility easement located over the pipe; f) scenic preservation/conservation easement; and, g) all proposed improvements. 3. Stairways and flagstone stepper walkways within the bluff setback zone may not exceed 4 feet in width. 4. There shall be a minimum of six inches of separation between the flagstones that comprise the flagstone paths and walkways. 5. The location and dimensions of the boulder wall and flagstone pathways shall substantially conform to those depicted in Exhibit A. 6. All exposed soil within the grading limits must be covered either with vegetation or, in areas where vegetation will not grow, a doubled shredded hardwood mulch. 7. Soil infiltration improvements, either adding compost or air spading, shall be conducted within the project's grading limits. 8. The proposed retaining wall on the east side of the property is within the drainage and utility easement. It should not be constructed over the pipe or infringe on the easement. 9. The existing retaining wall on the east side of the property is located within a drainage and utility easement and an encroachment agreement should be obtained and recorded for the wall. 10. Zoning permits are required for all proposed retaining walls under four feet in height and building permits are required for any proposed retaining wall over four feet in height. 11. The flagstone patio must be of a pervious design. 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. 2018 STA=DF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN BY:/f�t4l� IN �a fenburge , Mayor AND: 8 " Todd Gerhardt, City Manager '� +k? The foregoing instrument was acknowledged before me this L day of r 2018 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the Ci of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 ME ►• J " •2 KIM T. MEUW SSEN Notary PublicMinnesota MY Commission Exgraa Jen 31, ppp c F. f0; SiT69 SCANNED 01 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 9/13/18 2018-16 ATTENTION Jean Olson RE: 7644 South Shore Drive E Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 18-16 Variance ❑ For review and comment ❑ FORBIDS DUE THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections E For Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS If you have any questions, please contact MacKenzie Walters at 952-227-1132. Thank you. COPY TO: Matt & Amanda Arens SIG(—_/ JeanSteckling(952) 227 6 H enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2018-16 1. Permit. Subject to the terns and conditions set forth herein, the City of Chanhassen hereby grants the following Variance: The Chanhassen Board of Appeals and Adjustments approves the construction of a boulder wall, flagstone stepper path, and pervious flagstone patio within the bluff setback and impact zone. 2. Property. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 9, Block 2, South Lotus Lake 2nd Addition. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a zoning permit. 2. The survey should be updated and provided as part of the zoning permit application showing: a) the top of the bluff; b) 20 -foot bluff impact zone; c) 30 -foot bluff setback; d) proposed lot coverage; e) 15" storm pipe and the drainage and utility easement located over the pipe; f) scenic preservation/conservation easement; and, g) all proposed improvements. 3. Stairways and flagstone stepper walkways within the bluff setback zone may not exceed 4 feet in width. 4. There shall be a minimum of six inches of separation between the flagstones that comprise the flagstone paths and walkways. 5. The location and dimensions of the boulder wall and flagstone pathways shall substantially conform to those depicted in Exhibit A. 6. All exposed soil within the grading limits must be covered either with vegetation or, in areas where vegetation will not grow, a doubled shredded hardwood mulch. 7. Soil infiltration improvements, either adding compost or air spading, shall be conducted within the project's grading limits. 8. The proposed retaining wall on the east side of the property is within the drainage and utility easement. It should not be constructed over the pipe or infringe on the easement. 9. The existing retaining wall on the east side of the property is located within a drainage and utility easement and an encroachment agreement should be obtained and recorded for the wall. 10. Zoning permits are required for all proposed retaining walls under four feet in height and building permits are required for any proposed retaining wall over four feet in height. 11. The flagstone patio must be of a pervious design. 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: September 4, 2018 CITY O/F�CHANHASSSEN BY: NSI OM 04LAa2 _ (SEAL) II� y La fen�ef burg, Mayor AND: 8 '"^l''' / Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this L day of f 2018 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the Ci of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTAR =IC DRAFTED BY: KIM T. MEUWI'ISEN City of Chanhassen 8ry � MMnesgB 7700 Market Boulevard ' "" 31 'm P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 2 ^l ����' �4 _ _ ���. 0/ i/ ,�� ��.. (r itill I!If IiIIIijilliii1lill hill!"11111 ''It'lt'il!!il{!1'll 22-22-9Z£L0-2182* LbLbTOLT£SS Q355_dGQW SV 37EV'dRA11.39 ION H30tY35 01- INISS1.32f X54 City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 02 1P --iP VVII 0003195036 AUG 23 2018 MAILED FROM ZIP CODE 55317 ]]3 JE 1N L72OOyL]yl- BC: 55317790310 0U *2179-01642-23-44 til,allot.til(.L,IrItI(I,I,III1,IIillilifjllilil11i11Iil;l-fill This map is neither a Rgalty recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic IMornabon System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIs Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowiedgrs that the City shall rot be fable for any damages, and expressly waives all cll and agrees to defend, iMemnify, and hold harmless the City from ori§' a-hd all claims Wo ght by User. its employees or aMilli. r thirg s�w}tifyf pros" of the user's access or use of data provided. 1 . - _ _ MARTHA E MCALLISTER 7510 ERIE AVE CHANHASSEN, MN 55317-7903 iiiiriililrt itilrilirllliilll-Ilii.iiiilililtllliI'll-1-iilliili Notice of Public Hearing Chanhassen Planning Commission Meeting Date 8r Time: Tuesday September 4, 2018 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. Proposal: Consider a variance application to install a boulder wall and patio in the bluff setback area. Applicant: Ter Wortz Property 7644 S. Shore Drive Location: A location map is on tri- reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps:) at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us12018-16. If you wish to talk to someone about this project, please contact MacKenzie Questions & Walters by email at mwalters(a)ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaeed to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Manned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezoninga, Comprehensive Man Amendments and Code Amendments require a public hear ig before Me 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 writ be opened for public to speak about the proposal as a pati 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 commarcialimdustrial. • 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 o^mp1exl0f may take several months to complete. Any person wishing to follow an item through the process should check with the PI inning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonfr4Pro3enta5ve 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. Ainutes are taken and any comespondence regarding the application will be included In the report to the City Council. If you wish to ham something to be Included In the report, oi9ase contact the Mannino Staff person named on the notification. O CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: The application of Tyler Wortz on behalf of Matt and Amanda Arens for the construction of a boulder wall, flagstone stepper path, and flagstone patio within the bluff setback and impact zone on a property zoned PUDR - Planning Case 2018-16. On September 4, 2018, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development -Residential (PUDR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 9, Block 2, South Lotus Lake 2"d Addition 4. Variance Findings —Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The intent of the city's bluff protection ordinance is to ensure that vegetation and soils located near and on bluffs are not distributed in a manner that has the potential to create erosive conditions or otherwise negatively impact the bluff. The location of the house at 7644 South Shore Drive predates the bluff protection ordinance and its initial construction and subsequent rebuild have already disturb most of the vegetation and soils near the top of the bluff. The applicant has proposed a landscaping plan that works to manage the stormwater generated by the property's impervious surface and to minimize the existing and proposed features' impact on the bluff. Neither the proposed boulder wall, flagstone stepper path, nor flagstone patio are expected to have any negative impact on the bluff. Additionally, the bluff protection ordinance makes provisions for the creation of paths, stairs, and landings to allow people to safely transverse up and down bluffs. For these reasons the proposed flagstone stepper path, boulder wall, and patio are in harmony with the intent of this Chapter. SCANNED b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: In order to have any use of their rear yard, some improvements are required within the bluff impact and setback areas. The installation of a boulder wall to help prevent the migration of landscaping material down the bluff and the creation of a flagstone stepper pathway to allow the homeowner to safely transverse their yard are reasonable uses for the property, and have been designed to have a minimal impact on the bluff. The proposed flagstone patio is of a modest size and will allow the applicant reasonable use of their front yard. The steep and rapid drop-off of the property's rear yard prevents them from using it for many typical recreational activities. The applicant must locate these features within the bluff setback and impact zone because the home's original location predates the city's bluff ordinance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property was developed before the city enacted the bluff protection ordinance, and the change in ordinance rendered the house non -conforming and necessitates a variance for most improvements near the house. e. The variance, if granted, will not alter the essential character of the locality. Finding: The other larger lots within the neighborhood are also located on steep slopes, and many other of these properties have landscaping near or in these slopes. Two riparian properties to the west have received bluff setback variances for the construction of homes and accessory sues. The boulder wall and flagstone stepper path are located in the rear of the house and will not be highly visible. The flagstone patio is modestly sized and the setback a significant distance from the road. None of the proposed improvements are atypical for a single-family neighborhood. The variance would not alter the essential character of the locality. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2018-16, dated September 4, 2018, prepared by MacKenzie Walters, is incorporated herein. M DECISION "The Chanhassen Board of Appeals and Adjustments approves the variance for the construction of a boulder wall, flagstone stepper path, and pervious flagstone patio within the bluff setback and impact, subject to the following conditions: 1. The applicant must apply for and receive a zoning permit. 2. The survey should be updated and provided as part of the zoning permit application showing: a) the top of the bluff; b) 20 -foot bluff impact zone; c) 30 -foot bluff setback; d) proposed lot coverage; e) 15" storm pipe and the drainage and utility easement located over the pipe; 0 scenic preservation/conservation easement; and, g) all proposed improvements. 3. Stairways and flagstone stepper walkways within the bluff setback zone may not exceed four feet in width. 4. There shall be a minimum of six inches of separation between the flagstones that comprise the flagstone paths and walkways. 5. The location and dimensions of the boulder wall and flagstone pathways shall substantially conform to those depicted in Exhibit A. 6. All exposed soil within the grading limits must either be covered with vegetation or, in areas where vegetation will not grow, a double -shredded hardwood mulch. 7. Soil infiltration improvements, either adding compost or air spading, shall be conducted within the project's grading limits. 8. The proposed retaining wall on the east side of the property is within the drainage and utility easement. It should not be constructed over the pipe or infringe on the easement. 9. The existing retaining wall on the east side of the property is located within a drainage and utility easement and an encroachment agreement should be obtained and recorded for the wall. 10. Zoning permits are required for all proposed retaining walls under four feet in height and building permits are required for any proposed retaining wall over four feet in height. 11. The flagstone patio must be of a pervious design." ADOPTED by the Chanhassen Planning Commission this 4th day of September, 2018. CITY OF CHANHAqqFW B an 3 PLANNING COMMISSION STAFF REPORT Tuesday, September 4, 2018 Subject 7644 South Shore Drive: Consider a Variance to Install Boulder Wall and Patio in Bluff Setback Area Section PUBLIC HEARINGS Item No: B.2. Prepared By MacKenzie Walters, Assistant Planner File No: PC 2018-16 PROPOSED MOTION: The Chanhassen Board of Appeals and Adjustments approves the variance for the construction of a boulder wall and flagstone stepper path within the bluff setback and impact zone, and denies the variance for the construction of a flagstone patio within the bluff setback and impact zone, subject to the conditions of approval, and adopts the attached Findings of Fact and Decision. The applicant is in the landscaping phase of an extensive remodel of a nonconforming single-family home and is requesting a variance to install a small boulder wall, flagstone stepper path, and flagstone patio within the bluff setback and impact zone. The rear of the house is located approximately 20 feet from the top of a bluff, which means that the pre-existing deck and patio are within both the 30 -foot bluff setback and 20 -foot bluff impact zone. A variance is required to install new structures, defined as anything except stairs and landings, within these areas. APPLICANT Tyler Wortz with Magnolia Landscape & Design Co., on behalf of Matt and Amanda Arens. PRESENT ZONING: PUDR LAND USE: Residential Low Density ACREAGE: 1 acre SCANNED DENSITY: NA Ful WWII 1 1 x _;__ 1 Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3, Variances Chapter 20, Article II, Division 4, Nonconforming Uses Chapter 20, Article Vii. Shorcland Management District Chapter 20, Article XII. `RSF' Single-family residential district Section 20-615. Lot requirements and setbacks. Chapter 20, Article XXVllI. — Bluff Protection BACKGROCND On November 28, 1989, the City approved a building permit to construct a single-family home at 7644 South Shore Drive. On July 2, 1990, the City approved a building permit to construct a deck at 7644 South Shore Drive. On October 14, 1991, the City passed Ordinance Number 152 which created the City's bluff protection ordinance. On December 8, 1992, the City approved a permit for a three -season porch addition. On October 22, 2013, the City approved a building and grading permit to repair/replace the deck footings. On July 1, 2014, the City approved a zoning permit to install a residential incline elevator and associated landings. On September 14, 2017, the City approved a demolition permit to demolish the existing house down to its foundations. On September 29, 2017, the City approved a building permit to construct and rebuild a single-family home on the previous house's foundation. This rebuild included a garage expansion and addition outside of the bluff setback. In May of 2018, the applicant began working with city staff to identify what improvements could be made within, in and around the property's bluff, and what steps would be required for the various proposed improvements. RECOMMENDATION The applicant's proposed landscaping attempts to minimize the impact to the bluff and limit the amount of water runoff generated by the property's impervious surface. Staff believes that the boulder wall and flagstone stepper walkway represent thoughtful attempts to address practical difficulties created by the home's nonconforming location while meeting the intent of the bluff protection ordinance, and recommends that the Planning Commission approve these portions of the variance. Due to the fact that there are potential alternative locations for the proposed patio, similar accessory uses are already present on the property, and patios are not needed to have reasonable use of a property, staff does not feel the patio portion of the variance request meets the standards needed for the City to grant a variance. (A full breakdown and analysis of the variance request can be found in the attached staff report.) ATTACHMENTS: ❑ Staff Report ❑ Findings of Fact and Decision Approval ❑ Findings of Fad and Decision Denial ❑ Development Review Application and Narrative ❑ Landscape Plan B ❑ Plan Sheet - Stormwater Notes ❑ Photos ❑ 7644 South Shore Survey ❑ Public Hearing Notice Mailing List ❑ Variance Document ❑ Exhibit A: Landscape Plan A ❑ Engineering Comments ❑ Water Resources Comments xCITY OF CHANHASSEV) a � qro H ASS PROPOSED MOTION: PC DATE: September 4, 2018 CC DATE: September 24, 2018 REVIEW DEADLINE: October 2, 2018 CASE #: 2018-16 BY: MW "The Chanhassen Board of Appeals and Adjustments approves the variance for the construction of a boulder wall and flagstone stepper path within the bluff setback and impact zone and denies the variance for the construction of a flagstone patio within the bluff setback and impact zone, subject to the conditions of approval and adopts the attached Findings of Facts and Decisions." (Note: A motion for denial and appropriate findings of fact are also included at the end of the report.) SUMMARY OF REQUEST: The applicant is in the landscaping phase of an extensive remodel of a nonconforming single-family home and is requesting a variance to install a small boulder wall, flagstone stepper path, and flagstone patio within the bluff setback and impact zone. The rear of the house is located approximately 20 feet from the top of a bluff, this means that the pre-existing deck and patio are within both the 30 -foot bluff setback and 20 -foot bluff impact zone. A variance is required to install new structures, defined as anything except stairs and landings, within these areas. LOCATION: 7644 South Shore Drive (PID 258010230) APPLICANT: Tyler Wortz Magnolia Landscape & Design Co. 9310 County Road 140 Cologne, MN 55322 OWNER: Matt and Amanda Arens 7644 South Shore Drive Chanhassen, MN 55317 PRESENT ZONING: PDDR 2030 LAND USE PLAN: Residential Low Density ACREAGE: I acre DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high Planning Commission 7644 South Shore Drive — Planning Case 2018-16 September 4, 2018 Page 2 of 10 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. PROPOSAUSUMMARY The property's original house was constructed approximately 20 feet from the top of the bluff in 1989 and a deck extending to within five feet of the bluff was added in 1990. Both of these structures predate the city's 1991 bluff protection ordinance and the expansion of the ordinance city wide in 1994. The current owners bought the property in 2005 and the bluff was covered with buckthorn and other small leafy trees that prevented other plants from growing and anchoring the soils. They removed the scrub trees and planted low -growth fescue to roaor---�+, aaumv wall M 64st.m Path �i • 2'8lWflrri help stabilize the slope. They installed riprap to help stabilize the lake's shoreline and planted tall grasses along the shoreline to create a vegetative buffer. Throughout the course of these projects they worked with city staff to identify how best to protect the property's bluff and shoreline. In 2017, the applicant demolished the original house and constructed a new house on the previous home's foundation, while adding on to the front portion of the home that is located outside of the bluff setback. The applicant is now requesting a variance to install landscaping features including a flagstone stepper path, boulder wall, and flagstone patio within the property's bluff setback and impact zones. The proposed flagstone stepper path would add approximately 300 square feet of flagstone steppers separated by mulch or vegetation to provide a means of walking from the front to rear yard, as well as facilitating landscape maintenance. The proposed boulder wall would be approximately 12 to 18 inches tall and run along the top of the bluff to help slow and disperse surface water before it reaches the bluff, as well as provide a border between the fescue supported bluff and newly installed landscaping. The proposed patio would be constructed of fieldstone placed over the top of a free draining base, and would provide a seating area near the front walkway in an area that the applicant states was previously covered Planning Commission 7644 South Shore Drive — Planning Case 2018-16 September 4, 2018 Page 3 of 10 by asphalt. As part of their proposed landscape plan, the applicant is including numerous swales designed to collect and disperse stormwater. The applicant has stated that the proposed flagstone stepper walkway is necessary to provide safe transit through their rear yard as it is generally sloped and the area becomes very slippery when it is wet. The applicant had initially proposed a rear patio, but revised their proposal after city staff expressed concern about adding additional impervious surface near the bluff. The applicant states that they have added a great deal of vegetation around the proposed front yard patio and all other hard surfaces in order to ensure that they are not generating stormwater run off. The applicant believes that the proposed landscaping plan will improve the property's pre-existing stormwater issues and will help protect both the bluff and the lake. Finally, they note that many of the other properties in the area were built before the city's bluff protection ordinance was passed and are similarly located near the top of bluffs and steep slopes. The applicant feels that these properties have been allowed to find reasonable ways to landscape their property, and the applicant wishes to do the same. APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article II, Division 3, Variances Chapter 20, Article II, Division 4, Nonconforming Uses Chapter 20, Article VII. Shoreland Management District Chapter 20, Article XII. "RSF" Single-family residential district Section 20-615. Lot requirements and setbacks. Chapter 20, Article XXVIII. — Bluff Protection On November 28, 1989, the city approved a building permit to construct a single-family home at 7644 South Shore Drive. On July 2, 1990, the city approved a building permit to construct a deck at 7644 South Shore Drive. On October 14, 1991, the passed Ordinance Number 152 which created the city's bluff protection ordinance. On December 8, 1992, the city approved a permit for a three -season porch addition. On August 22, 1994, the city expanded the bluff protection ordinance to cover the entire city. Planning Commission 7644 South Shore Drive — Planning Case 2018-16 September 4, 2018 Page 4 of 10 On October 22, 2013, the city approved a building and grading permit to repair/replace the deck footings. On July 1, 2014, the city approved a zoning permit to install a residential incline elevator and associated landings. On September 14, 2017, the city approved a demolition permit to demolish the existing house down to its foundations. On September 29, 2017, the city approved a building permit to construct and rebuild a single- family home on the previous house's foundation. This rebuild included a garage expansion and addition outside of the bluff setback. In May of 2018, the applicant began working with city staff to identify what improvements could be made within and around the property's bluff, and what steps would be required for the various proposed improvements. SITE CONDITIONS The property is zoned Planned Unit Development Residential and is located within the city's Shoreland Management District. This zoning classification requires lots to be a minimum of 11,700 square feet, have front and rear yard setbacks of 30 feet, setbacks of 75 feet from the lake's ordinary high water level, side yard setbacks of 10 feet, and limits parcels to a maximum of 25 percent lot cover within the Shoreland Management District and 30 percent lot cover for parcels located outside of it. Residential structures are limited to 35 feet in height. There is a bluff located on the property. The city's bluff protection ordinance establishes a 30 -foot setback from the top, toe and side of the bluff for all new structures, and establishes a bluff impact zone, which restricts the alteration to land or vegetation within 20 feet of the top of the bluff. The lot is 43,604 square feet, and the 2017 building permit approved 6,789 square feet (15.57 percent) of lot cover. The deck, associated patio, and three -season porch are non -conforming structures setback approximately five feet from the top of the bluff at their closest points. The house has a non -conforming setback of approximately 20 feet from the top of the bluff. The property has several non -conforming retaining walls to the east of the house located within the bluff and its setback. The property has a non -conforming 9.8 foot west side yard setback, and complies with the district's other setbacks. Planning Commission 7644 South Shore Drive — Planning Case 2018-16 September 4, 2018 Page 5 of 10 South Lotus Lake 2' Addition The plat for this subdivision was recorded in April of 1987, predating the city's bluff protection ordinance. The development's riparian lots all tend to be large lots with steep slopes; however, the grades lessen to the east and the slopes on most of the eastern parcels do not qualify as bluffs. In the adjacent Hiscox Addition to the west the grades and lot sizes are similar and the riparian parcels all contain bluffs. Many of the homes and accessory structures in both subdivisions were built before the bluff protection ordinance was applied city wide in 1994, and as such are non -conforming uses. Variances within 500 feet: 1997-01: 7500 Erie Avenue: 13.2' Bluff Setback Variance (Approved) - Single-family home and deck. 1999-20: 40 Hill Street: 27' Front Yard Setback Variance (Approved) - Rebuild and expand detached garage. 2000-02: 7501 Erie Avenue: 5' Bluff Setback Variance (Approved) - Garage Addition. ANALYSIS Boulder Rall The applicant is proposing constructing a boulder wall that will run along the top of the bluff. The wall would be approximately 115 feet long and would be between 1 and 1.5 -feet tall, though portions along the northeast near the porch may need to be higher. The applicant will be installing filter fabric to prevent soils erosion through the boulder wall. The stated goal of the boulder wall is to help slow and disperse surface runoff before it reaches the bluff, prevent landscape materials from bein w hed t th bl ff d t g as ono e u, an o provide a border between the landscaped portion of the yard and the bluff. Planning Commission 7644 South Shore Drive— Planning Case 2018-16 September 4, 2018 Page 6 of 10 The city's Water Resources Coordinator evaluated the proposed retaining wall and feels that its impact on the property's surface water management is essentially neutral. She has stated the proposed landscaping when taken as a whole goes above and beyond what would typically be expected of a residential property owner and will reduce the impact of the property's impervious surfaces upon the bluff; however, the majority of the benefit is derived from the applicant's use of vegetation and swales. After consultation with the Water Resources Coordinator, the applicant did redesign their initial proposal to relocate water retention areas away from the boulder wall. Section 20-1403 of the city's bluff protection ordinance does prohibit the removal or alteration of vegetation within the bluff impact zone, defined as an area 20 feet from the top of a bluff, and Section 20-1404 states that no topographic alterations within the bluff impact zone may increase the rate of drainage or create concentrated flow conditions. The area where the applicant is proposing to install the boulder wall has already been disturbed by the pre-existing house and landscaping, as well as the construction activities associated with the rebuild. The applicant's proposed landscaping will not increase the rate of drainage and should actually improve the existing conditions. The area at the top of the bluff where the applicant is proposing constructing the boulder wall has already been disturbed and the further disturbance involved in installing a boulder wall is not expected to negatively impact the bluff. Staff believes that the proposed boulder wall is a reasonable mechanism for preventing the migration of landscaping material down the bluff and that it does not violate the intent of the bluff protection ordinance. For these reasons, staff is recommending that the Planning Commission approve the boulder wall portion of the variance. Flagstone Stepper Path The applicant is proposing installing a flagstone stepper path comprised of 18 to 304nch diameter flagstones spaced to allow for drainage between the stones. The flagstones would be set onto existing soils and no significant excavation or compaction would occur. Mulch and/or landscape would be placed around the stones to help stabilize soils and minimize erosion. The applicant had initially proposed expanding the pre-existing patio located under the deck out to the top of the bluff; however, Planning Commission 7644 South Shore Drive — Planning Case 2018-16 September 4, 2018 Page 7 of 10 they revised their proposal after staff expressed concern about the creation of additional impervious surface within the bluff impact zone. Section 20-1401 of city's bluff protection ordinance does allow for the construction of stairways and landings within the bluff setback and Section 20-1402 states that that stairways, paths and lifts may be permitted in suitable sites so long as the construction will not redirect water flow direction or increase drainage velocity. While Section 20-1402 is intended to govern stairways, lifts, and landings allowing pedestrian movement from the top to bottom of a bluff, its guidelines are applicable to the construction of pathways within the bluff setback and impact zone. The applicant's proposed walkways meet all of these guidelines in that they: 1) appear to be under the stipulated four feet in width; 2) do not contain canopies; 3) have been designed to ensure control of soil erosion; and, 4) are located in a visually inconspicuous portion of the lot. As was noted in the previous section, the bluff protection ordinance does prohibit the removal or alteration of vegetation and topographic alterations within the bluff impact zone. In this case, no topographic alterations are proposed, and, due to the disturbed nature of the site, the provisions governing the removal or alteration of vegetation are not applicable. Similar to the boulder wall, staff believes that the proposed landscaping around the flagstone stepper walkway will actually improve the site's existing conditions. Staff feels that applicant's stated purpose of providing safe transit and access through a sloped yard is a reasonable one. Staff believes that the proposed design meets the intent of the city's bluff protection ordinance and that it will not negatively impact the bluff. For these reasons, staff is recommending that the Planning Commission approve the flagstone stepper walkway portion of the variance. Flagstone Patio The applicant is proposing placing a 180 square foot flagstone patio along the property's front walkway in order to create a front yard seating area. Approximately half of this patio's area would be located within the 30 -foot bluff setback, encroaching about nine feet into the setback at its maximum extent. The applicant is proposing placing the flagstone's over six inches of a free draining base material to facilitate infiltration and has noted that the top of the bluff outside of this area is supported by established trees. The applicant has stated that given these circumstances the patio's impact on the bluff will be negligible. Finally, the applicant has indicated that the proposed patio area used to be covered by impervious surface, prior to the driveway being reconfigured, and that they were unaware that removing this surface would result in them losing the ability to resurface the area. Planning Commission 7644 South Shore Drive — Planning Case 2018-16 September 4, 2018 Page 8 of 10 In order to grant a variance, the city must find that there are practical difficulties in complying with the zoning ordinance. The city has historically taken the position that the inability to install or expand a patio is not a practical difficulty, especially in situations where improvements such as decks and/or other patios are already present, as is the case for the applicant's property. In this case, there also appears to be alternative locations, depicted left, available for a front yard patio that comply with the city's Zoning Ordinance. The applicant also has existing front yard seating space provided by their entry stoop and could even expand that area without a variance. When existing improvements provide a broadly similar function or where alternative locations for a feature exist that comply with the city's Zoning Code, the requested variance provides for a preferred location rather than a remedy to a practical difficulty. • •n. N2I �M! AO°l0 , Oki 12, 1 " E NR• Ne.• o.a� , I�,i In order to determine if the area had previously been covered by asphalt, staff used a 2012 survey of the property that depicts the driveway's previous configuration, the location of the retaining wall, and the end of the bluff. Staff traced off the approximate location of the 30 -foot bluff setback, shown to the left, and does not believe that the driveway significantly encroached into the 30 -foot bluff setback. The driveway turnaround does not appear to have extended as far to the northeast as the proposed patio, and thus stayed clear of the bluff setback. Section 20-72 of the City Code, which governs nonconforming structures, states that if a nonconformity is discontinued for more than a year the nonconforming status is lost. This provision reflects the city's intent that nonconforming uses and structures be reduced or eliminated whenever possible. Even if there had been a historic nonconforming use within the area in question, it would not be in line with intent of the city's nonconforming structure ordinance to grant a variance for the resumption of that use. For the above reasons, staff recommends that the Planning Commission not grant the patio portion of the applicant's variance request. Planning Commission 7644 South Shore Drive — Planning Case 2018-16 September 4, 2018 Page 9 of 10 Impact on Neighborhood The boulder wall and flagstone stepper paths will both be primarily located in the rear of the home and should not be highly visible from the lake or neighboring properties. The proposed front yard patio is also setback a significant distance from South Shore Drive due to the property's flag lot configuration. None of the proposed improvements are atypical within a single-family neighborhood. The applicant has gone to great lengths to make sure that their proposed landscaping will not direct rain runoff onto neighboring lots or create erosive conditions. As the applicant has noted, many of the area's riparian properties also have steep slopes leading down to the lake, and many of these properties have landscaping near or in these slopes. Both of the riparian properties to the west have received bluff setback variances for the construction of homes and accessory uses. No variances are on record for the properties to the east; however, one of these homes was built before the bluff protection ordinance was passed and the slopes to the east are less steep, potentially not meeting the city's definition of a bluff. Staff does not feel that anything the applicant is proposing would be atypical or out of character for similar lots within the neighborhood SUMMARY The applicant's proposed landscaping attempts to minimize the impact to the bluff and limit the amount of water runoff generated by the property's impervious surface. Staff believes that the boulder wall and flagstone stepper walkway represent thoughtful attempts to address practical difficulties created by the home's nonconforming location while meeting the intent of the bluff protection ordinance, and recommends that the Planning Commission approve these portions of the variance. Due to the fact that there are potential alternative locations for the proposed patio, the fact that similar accessory uses are already present on the property, and patios are not needed to have reasonable use a property, staff does not feel the patio portion of the variance request meets the standards needed for the city to grant a variance. Staff recommends that the Planning Commission approve the variance for the construction of a boulder wall and flagstone stepper path within the bluff setback and impact zone and deny the variance for the construction of a flagstone patio within the bluff setback and impact zone, subject to the conditions of approval and adopts the attached Findings of Facts and Decision: 1. The applicant must apply for and receive a zoning permit. 2. The survey should be updated and provided as part of the zoning permit application showing: a) the top of the bluff, b) 20 -foot bluff impact zone; c) 30 -foot bluff setback; d) proposed lot coverage; e) 15" storm pipe and the drainage and utility easement located over the pipe; f) scenic preservation/conservation easement; and, g) all proposed improvements. Planning Commission 7644 South Shore Drive — Planning Case 2018-16 September 4, 2018 Page 10 of 10 3. Stairways and flagstone stepper walkways within the bluff setback zone may not exceed 4 feet in width. 4. There shall be a minimum of six inches of separation between the flagstones that comprise the flagstone paths and walkways. 5. The location and dimensions of the boulder wall and flagstone pathways shall substantially conform to those depicted in Exhibit A. 6. All exposed soil within the grading limits must either be covered with vegetation or, in areas where vegetation will not grow, a double -shredded hardwood mulch. 7. Soil infiltration improvements, either adding compost or air spading, shall be conducted within the project's grading limits. 8. The proposed retaining wall on the east side of the property is within the drainage and utility easement. It should not be constructed over the pipe or infringe on the easement. 9. The existing retaining wall on the east side of the property is located within a drainage and utility casement and an encroachment agreement should be obtained and recorded for the wall. 10. Zoning permits are required for all proposed retaining walls under four feet in height and building permits are required for any proposed retaining wall over four feet in height. Should the Planning Commission deny the variance request, it is recommended that the Planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen Board of Appeals and Adjustments denies the variance for the construction of a boulder wall, flagstone walking path, and flagstone patio within the bluff setback and impact zone, and adopts the attached Findings of Facts and Decision." ATTACHMENTS 1. Finding of Fact and Decision Approval 2. Finding of Fact and Decision Denial 3. Development Review Application and Narrative 4. Landscape Plans B 5. Plan Sheet - Stormwater Notes 6. Photos 7. 7644 South Shore Survey 8. Public Hearing Notice Mailing List 9. Variance Document 10. Exhibit A: Landscape Plans A 11. Engineering Comments 12. Water Resources Comments G:\PLAN\2018 Plsnning Cases\18.16 7644 S Share Drive Variance\Staff Report -7694 South Shore Drive_PC.dm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: The application of Tyler Wortz on behalf of Matt and Amanda Arens for the construction of a boulder wall, flagstone stepper path, and flagstone patio within the bluff setback and impact zone on a property zoned PUDR - Planning Case 2018-16. On September 4, 2018, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development -Residential (PDDR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 9, Block 2, South Lotus Lake 2nd Addition 4. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The intent of the city's bluff protection ordinance is to ensure that vegetation and soils located near and on bluffs are not distributed in a manner that has the potential to create erosive conditions or otherwise negatively impact the bluff. The location of the house at 7644 South Shore Drive predates the bluff protection ordinance and its initial construction and subsequent rebuild have already disturb most of the vegetation and soils near the top of the bluff. The applicant has proposed a landscaping plan that works to manage the stormwater generated by property's impervious surface and to minimize the existing and proposed features' impact on the bluff. Neither the proposed boulder wall nor flagstone stepper path are expected to have any negative impact on the bluff. Additionally, the bluff protection ordinance makes provisions for the creation of paths, stairs, and landings to allow people to safely transverse up and down bluffs. For these reasons the proposed flagstone stepper path and boulder wall are in harmony with the intent of this Chapter. The proposed flagstone patio would create new impervious surface in an area within the bluff setback that does not currently contain impervious surface. Additionally, the proposed seating area would involve the installation of frost footings and other soil disturbing activities. It would not be in harmony with the intent of the bluff protection ordinance to permit the creation of new impervious surface within the bluff setback. 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: In order to have any use of their rear yard, some improvements are required within the bluff impact and setback areas. The installation of a boulder wall to help prevent the migration of landscaping material down the bluff and the creation of a flagstone stepper pathway to allow the homeowner to safely transverse their yard are reasonable uses for the property, and have been designed to have a minimal impact on the bluff. The applicant must locate these features within the bluff setback and impact zone because the home's original location predates the city's bluff ordinance. The requested variance for a flagstone patio is not the result of a practical difficulty. The property has several other potential locations for a front yard patio that comply with the zoning ordinance, and other existing features, such as the front stoop, also provide a front yard seating area. Finally, the property currently has a rear yard patio and deck. A front yard patio is not required for the applicant to have reasonable use of the property. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property was developed before the city enacted the bluff protection ordinance, and the change in ordinance rendered the house non -conforming and necessitates a variance for most improvements near the rear of the house. e. The variance, if granted, will not alter the essential character of the locality. Finding: The other larger lots within the neighborhood are also located on steep slopes, and many other of these properties have landscaping near or in these slopes. Two riparian properties to the west have received bluff setback variances for the construction of homes and accessory sues. The boulder wall and flagstone stepper path are located in the rear of the house and will not be highly visible. None of the proposed improvements are atypical for a single-family neighborhood. The variance would not alter the essential character of the locality. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2018-16, dated September 4, 2018, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves the variance for the construction of a boulder wall and flagstone stepper path within the bluff setback and impact zone and denies the variance for the construction of a flagstone patio within the bluff setback and impact zone, subject to the following conditions: 1. The applicant must apply for and receive a zoning permit. 2. The survey should be updated and provided as part of the zoning permit application showing: a) the top of the bluff; b) 20 -foot bluff impact zone; c) 30 -foot bluff setback; d) proposed lot coverage; e) 15" storm pipe and the drainage and utility easement located over the pipe; f) scenic preservation/conservation easement; and, g) all proposed improvements. 3. Stairways and flagstone stepper walkways within the bluff setback zone may not exceed four feet in width. 4. There shall be a minimum of six inches of separation between the flagstones that comprise the flagstone paths and walkways. 5. The location and dimensions of the boulder wall and flagstone pathways shall substantially conform to those depicted in Exhibit A. 6. All exposed soil within the grading limits must either covered either with vegetation or, in areas where vegetation will not grow, a doubled shredded hardwood mulch. 7. Soil infiltration improvements, either adding compost or air spading, shall be conducted within the project's grading limits. 8. The proposed retaining wall on the east side of the property is within the drainage and utility easement. It should not be constructed over the pipe or infringe on the easement. 9. The existing retaining wall on the east side of the property is located within a drainage and utility easement and an encroachment agreement should be obtained and recorded for the wall. 10. Zoning permits are required for all proposed retaining walls under four feet in height and building permits are required for any proposed retaining wall over four feet in height." ADOPTED by the Chanhassen Planning Commission this 4th day of September, 2018. CITY OF CHANHASSEN IU Chairman CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) The application of Tyler Wortz on behalf of Matt and Amanda Arens for the construction of a boulder wall, flagstone stepper path, and flagstone patio within the bluff setback and impact zone on a property zoned PUDR - Planning Case 2018-16. On September 4, 2018, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development -Residential (PUDR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 9, Block 2, South Lotus Lake 2" d Addition 4. Variance Findings —Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The intent of the bluff protection ordinance is to prevent any vegetative removal or soil disturbance near the top of the city's bluffs. The applicant's proposal involves the creation of new structures and impervious surfaces within the bluffs setback and impact zone. The installation of the boulder wall, patio, and other landscaping features will involve disturbing the bluff s soils. Granting a variance to allow the installation of these features would not be in line with intent of this Chapter. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The parcel currently has a house, three -car garage, rear patio, rear deck, and hill hiker system providing access up and down the bluff. There are additional areas near the lakeshore and in front of the property that could be developed without a variance. The properties existing amenities and potentials for future additions provide reasonable use of the property within the zoning code. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property was developed before the city enacted the bluff protection ordinance, and the change in ordinance rendered the house non -conforming and necessitates a variance for most improvements near the rear of the house. e. The variance, if granted, will not alter the essential character of the locality. Finding: The other larger lots within the neighborhood are also located on steep slopes, and many other of these properties have landscaping near or in these slopes. Two riparian properties to the west have received bluff setback variances for the construction of homes and accessory sues. The boulder wall and flagstone stepper path are located in the rear of the house and will not be highly visible. None of the proposed improvements are atypical for a single-family neighborhood. The variance would not alter the essential character of the locality. f Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2018-16, dated September 4, 2018, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments denies the variance for the construction of a boulder wall, flagstone walking path, and flagstone patio within the bluff setback and impact zone." ADOPTED by the Chanhassen Planning Commission this 4th day of September, 2018. CITY OF CHANHASSEN BY: Chairman 2 iCDoi COMMUNITY DEVELOPMENT DEPARTMENT Planning Division —7700 Market Boulevard CITY OF CIMHASSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300/ Fax: (952) 227.1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: _ - 3 - PC Date: q - LI - /, cc Data: 9-� 4 -1 k 60-01y Review Date: IO —�2 (Refer to the appropriate Application Checldist for required submittal information that must accompany this applicaiiii ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Conditional Use Permit (CUP) (_ Ift) ❑ Single -Family Residence................................$325 ❑ Metes 8 Bounds (2 lots)..................................$300 ❑ All Others .........................................................$425 ❑ Interim Use Permit (IUP) ❑ Lot Line Adjustment.........................................$150 ❑ In conjunction with Single -Family Residence.. $325 ❑ Final Plat ..........................................................$700 ❑ All Others ......................................................... $425 ❑ Rezoning (REZ) 'Additional escrow may be required for other applications ❑ Planned Unit Development (PUD)..................$750 through the development contract. ❑ Minor Amendment to existing PUD ................. $100 $300 ❑ All Others ......................................................... $500 ❑ Sign Plan Review...................................................$150 Variance (VAR) ....................................................$200 ❑ Site Plan Review (SPR) Wetland Alteration Permit (WAP) ❑ Administrative ..................................................$100 ❑ Single -Family Residence...............................$150 ❑ CommerciaVlndustrialDistricts'......................$500 ❑ All Others .......................................................$275 Plus $10 per 1,000 square feet of building area: thousand square feet) Include number of existing employees: 'Include number of new employees. ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit (_ units) ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................$300 ❑ Create over 3 lots .......................$600 + $15 per lot (_ Ift) ❑ Metes 8 Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat ..........................................................$700 (Includes $450 escrow for attorney costs)' 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording tees may apply) ❑r Variance (VAR) ....................................................$200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence...............................$150 ❑ All Others .......................................................$275 ❑ Zoning Appeal ......................................................$100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: when multiple applications are processed concurrently,. the appropriate fee shall be charged for each application. QNotification Sign (city to install and remove)...................................................................................................................... $200 ❑� Property Owners' List within 500' (city to generate after pre -application meeting) .............................. .... ...... .. $3 per address (a�S add..resse......$) ❑� Escrow for Recording Documents (check all that apply).......................................................................$50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation Z Variance ❑ Wetland Alteration Permit ❑ Metes 8 Bounds Subdivision (3 docs.) ❑ Easements (_ easements) ❑ Deeds TOTAL FEE. Description of Proposal: Property Address or Location: Parcel #: 258010230 7644 South Shore Drive (,`;, AUG 032018 Legal Description: SOUTH LOTUS LAKE 2nd ADDITION TWP 12 Total Acreage: 1.04 Wetlands Present? ❑ Yes 0 No V LtHT Present Zoning: Single-Famity Residential District (Ry Requested Zoning: Single -Family Residential District (RSF3 Present Land Use Designation: Residential Low Deny Requested Land Use Designation: Residential Low Density Existing Use of Property: Residential ❑Check box if separate narrative is attached. 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: � V �ri'f' ►✓er+2- Contact: �7 Address: % Phone: 6-17--! /A-S2%l City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, 1, 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: Matt and Amanda Arens Contact Matt Arens Address: 7644 South Shore Drive Phone: (952) 367-6609 City/State2ip: Chanhassen, MN 55317 Cell: (952) 367-6609 Email: mattp.arensgmail.com Fax: Signature: s Date: 8/3/18 This application must be completed in full 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 and fees. 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 Information Who should receive copies of staff reports? 'Other Contact Information: ❑1 Property Owner Via: 2] Email 0 Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State2ip: ❑ 01 Via: 0 Email ❑ Mailed Paper Copy Email: Written Justification of Request Compliance Submitted by: Matt and Amanda Arens 7644 South Shore Drive, Chanhassen, MN 55317 When we purchased our home in 2005, we took on a property that was an absolute mess. It was overgrown with buckthorn and thistle and the mostly small leafy trees were creating a canopy that didn't allow anything to grow to hold the sloped areas. The area close to the lake was sloped and mostly bare. When we would get hard rains, you could stand by and watch soil being carried right into the lake. We were newly married and didn't have kids yet, so we had a lot of time on our hands and spent most weekends working on the property. We removed the scrubby trees that were mostly small boxelder, basswood and buckthorn. We planted hostas, plants and bag after bag of low -growth fescue. We had riprap put in to stabilize the shoreline along with a small beach. We tried several times, before finally hiring professionals, to plant tall grasses along the shoreline to create a buffer for the lake. We planted tall grasses in a lower lying area and directed overflow water to that spot rather than over the surface into the lake. We are grateful for the partnership we enjoyed with the City as we completed these projects, and we received great advice and support from people like Terry Jeffrey, the former water resources specialist, and have modeled many of our plans after his suggestions. We knew when we purchased our home that it had many problems, but the longer we lived there we came to more fully understand that the deficiencies were much worse than we thought. We thought we could remodel our house within its existing structure, but it became clear we would be better off tearing down most of the structure and starting over rather than remodeling within the bad bones of the house. We broke ground on that major project last year, rebuilding the house on the existing foundation. As most of these things go, it has taken longer than anticipated and we have had plenty of surprises throughout the process. Now that the house construction is mostly done, we would like to finish landscaping the area around the house, so it is stable, looks nice and doesn't detract from all of the efforts we have taken to make the property and house look attractive. Unfortunately, the house was originally built very close to the bluff line, which is the reason for our variance request. We have come up with a landscape plan we feel has as little impact as possible on the bluff line given the placement of where the original house was built. We recognize we are going through this process because some of the items in our plan are not routinely allowed by the City code. However, we believe these items fall within the boundaries of using our property in a reasonable manner, and we respectfully ask that you consider the following points as you review our request: 1. Most of the area around the sides and back of our house is generally sloped. If we were to simply put grass there, it would be difficult to maintain/mow, but more importantly, this area gets very slippery when damp or wet, creating a significant safety concern, particularly considering we have parents who spend a lot of time with us who are in their late 60s/early 70s. The only way to access our Lakeshore is through these sloped areas. We want to ensure it is landscaped in such a way that there is a safe path for anyone who may be accessing it. 2. In terms of the sitting area in our front yard, it would be located in an area that was a blacktopped circular driveway when we purchased the property. When we removed this portion of the driveway several years ago, we were unaware that we would later be required to obtain a variance to put a hard surface back in that area. We are not looking to extend the current driveway back to that area. We simply want to create a comfortable area to sit while we are outside watching our kids play in the driveway and on the swing set. In our landscape plan, we have incorporated a great deal of vegetation around all hard surfaces to ensure it adequately captures water and we're managing runoff in a responsible way. In this particular area, we simply want to be able to utilize our yard and property in a way that's consistent with the character of our house and locality. 3. As alluded to in the above bullet point, we are going to great efforts to ensure that our landscape plan will meaningfully improve the rainwater issues that have plagued this property likely since it was built. These runoff issues have caused problems for the lake and some of our neighbors. We believe our plan will make great strides in improving/fixing these issues. 4. Many of the properties near our home have had similar bluff line challenges, as the homes were built before the most recent bluff line regulations were put into place. In some cases within our neighborhood, more than 50°/ of the home is actually over the bluff line. Challenges conforming to the most recent bluff line regulations are not unique to our property, and many of our neighbors have been able to find reasonable ways to landscape their properties so they are able to fully utilize and enjoy their homes. We are simply looking to do the same. It is our hope that when you consider our project as a whole and our many attempts, both current and past, to go above and beyond for what is good for the land and the lake, that you will grant us a variance forthe landscape items in question, so we may finish our project. Thank you for your consideration. Sincerely, Matt and Amanda Arens Variance Request for 7644 South Shore Drive Items requiring a variance per Staff review, falling within bluff impact zone and structure setback. A) Boulder Border / Wall along top of bluff line — North Side of House Fieldstone boulders ranging in size from approximately 12" diameter to 27" diameter. Installed as a border and small retaining wall between existing fescue supported bluff and new landscape around house. The majority of this wall would be approximately 12-18" exposed height (1 course of boulders) as determined by the contour of the top of the bluff. Some areas near the porch corner (NE) may require 2 courses to stabilize the slope. Filter fabric will be placed behind boulders to prevent soil erosion through boulders. The intent of this wall is to provide an added means of slowing and dispersing any surface runoff onto the bluff. The landscape above the boulders will be graded and planted to do the same. Added benefits will be definition between the landscaping and the bluff, prevention of landscape materials (mulch/rock) migrating onto bluff and a more comfortably maintained landscape. B) Flagstone Stepper Path from Back Patio to Front Yard Irregular shaped, full range natural Bluestone Flagstone to be used as stepping stones to create a comfortable means of walking from front yard to back yard, as well as access for landscape maintenance. Stepping stones will range in size from approx. 18" diameter to 30" diameter, with varying irregular shapes. Stones to beset onto existing graded soils, with no significant excavation or compaction needed. Stones to be spaces approximately 4" to 10" apart to allow for drainage between and around stones. Mulch or landscape rock to be used around stones, depending on the location within the plan. Some areas may incorporate groundcover plantings between stones to stabilize soils and minimize erosion. The stepper path is an alternative to an original design concept that featured an expanded patio. City Staff recommended that no additional impervious patio be installed in this area. The stepper path will allow for some of the same function but with less impact on runoff. C) Flagstone Seating Area/Patio with Stone Seat Wall Patio/Seating area near front walkway to improve use of front yard and driveway area. Seating area to be constructed of full range, irregular shaped natural Bluestone Flagstone set on 6" of free draining base material (3/8" clear limestone). Geotextile underlayment fabric to be installed between native soils and base material. Stones to be leveled and cut to fit with 1" or less joint tolerance, connected to front entrance walkway (also stone). Seat wall to be built on 12" diameter frost footings tied into a poured concrete slab. Blended natural wall stone stacked and mortared to create a free-standing seat wall, approximately 20" tall. The top of the bluff outside of this patio area is supported by long-established trees, so we feel the bluff impact of this feature is very minimal, especially considering the historical cover of this space (past driveway turnaround). ell - ,%; } — 41 �e CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) 1, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on August 9, 2018, 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 to consider a variance application to install a boulder wall and patio in the bluff setback area, Planning Case File No. 2018-16, 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, Kim T. Subscribed ands om to before me this day of 2018. Notary 14blic and by other appropriate records. IC,MSTCKLINGwwronf0,. ng This hisi may not , or me aamma. Blvd. boulder wall and M. xm you about the n the neighborhood Chair will lead the med project. t project. ic. nission discusses eting, please visit ou wish to talk to A MacKenzie sen.mn.us or by submit written 3 the department in copies to the sm will be available ove the Thursday ting. ng agendas, ite. Go to .,d.e�m.. m.d.. mun9 Ccmmrs>.m Gry wOn9. Rnv ^IttnbO wnY,a eve rtwn e,e � ary a rem..,�on,a me C�—'M„emex „m' mar,nmae. aM1m a rWiy gngnu uYeavmmie,vpr'Y eLMusmtl , aoouu Mme au�ae r .n �ry m.atea oaamia ears sa nr m^+oo^�^R emmp m» mwaee TAX -NAME TAX _ ADD _L1 TAX -ADD -1.2 TAX_ADD_L3 SCOTT G FROST 120 SOUTH SHORE CT CHANHASSEN MN 55317 - JO A FELLMAN 131 SOUTH SHORE CT CHANHASSEN MN 55317-9318 WILLIAM & JEANETTE LAPPEN 140 SOUTH SHORE CT CHANHASSEN MN 55317-9318 PATRICK FLANNERY 141 SOUTH SHORE CT CHANHASSEN MN 55317-9318 ROBERTANDERSON 151 SOUTH SHORE CT CHANHASSEN MN 55317-9318 MARK D & JULIE ANNE PERKINS 160 SOUTH SHORE CT CHANHASSEN MN 55317-9318 EDWARD G MCGILLIVRAY II 161 SOUTH SHORE CT CHANHASSEN MN 55317-9318 KEVIN P & JILL C MCSHANE 180 SOUTH SHORE CT CHANHASSEN MN 55317-9318 CAROLIN JEAN SKAAR-PAGE 200 SHORE CTS CHANHASSEN MN 55317-9318 FRONTIER TRAIL ASSN 201 FRONTIER CT CHANHASSEN MN 55317-9728 WILLIAM & IVY KIRKVOLD 201 FRONTIER CT CHANHASSEN MN 55317-9728 SUSAN C HOFF 221 FRONTIER CT CHANHASSEN MN 55317-9728 ROBERT FLYNN 40 HILL ST CHANHASSEN MN 55317-9586 MIKE EWASIUK 7425 FRONTIER TRL CHANHASSEN MN 55317-9724 CATHERINE S HISCOX 7500 ERIE AVE CHANHASSEN MN 55317-7903 DENNIS FISHER TRUST 7501 ERIE AVE CHANHASSEN MN 55317-9441 SCOTT &JULIE MAEYAERT 7506 ERIE AVE CHANHASSEN MN 55317-7903 SCOTT MAEYAERT 7506 ERIE AVE CHANHASSEN MN 55317-7903 ANTHONY T DOPPLER 7508 ERIE AVE CHANHASSEN MN 55317-7903 MARTHA E MCALLISTER 7510 ERIE AVE CHANHASSEN MN 55317-7903 KATHRYN L MCINTIRE 7531 ERIE AVE CHANHASSEN MN 55317-7903 CURTIS E & TANYA K HAMILTON 7561 ERIE AVE CHANHASSEN MN 55317-7903 PAUL HYPKI 7591 ERIE AVE CHANHASSEN MN 55317-7903 RICHARD J CORWINE 7600 ERIE AVE CHANHASSEN MN 55317-9715 JOELTSCOTT 7601 ERIE AVE CHANHASSEN MN 55317-9715 ROBERT BLAD 7602 ERIE AVE CHANHASSEN MN 55317-9715 JEFFREY M COOKLE 7603 ERIE AVE CHANHASSEN MN 55317-9715 CHRISTOPHER W & JULIE JOHNSON 7604 ERIE AVE CHANHASSEN MN 55317-9715 NATHAN T & NANCYANN CASTENS 7605 ERIE AVE CHANHASSEN MN 55317-9715 TRUST AGREEMENT OF MARK E GREENE 7614 SOUTH SHORE DR CHANHASSEN MN 55317 - GREGORY W & COLLEEN E FLETCHER TRUSTS 7616 SOUTH SHORE DR CHANHASSEN MN 55317-9400 WILLIAM & DOROTHY LEBRUN 7628 SOUTH SHORE OR CHANHASSEN MN 55317-9400 LINDA WILKES 7632 SOUTH SHORE OR CHANHASSEN MN 55317-9400 ROBERT D GOGGINS 7636 SOUTH SHORE DR CHANHA55EN MN 55317-9400 AMANDA LYNN ARENS REV TRUST 7644 SOUTH SHORE DR CHANHASSEN MN 55317-9400 JAMES 1 DUBOULAY 7648 SOUTH SHORE DR CHANHASSEN MN 55317-9441 KEITH R & KIMBERLY K NORBIE 7652 SOUTH SHORE DR CHANHASSEN MN 55317-9441 ROBERT M CREES 7656 SOUTH SHORE DR CHANHASSEN MN 55317-9441 SCOTT WALKER 7660 SOUTH SHORE DR CHANHASSEN MN 55317-9441 DAVID G & XAY V YOOST 7664 SOUTH SHORE DR CHANHASSEN MN 55317-9441 JOEY R RIEDER 7668 SOUTH SHORE DR CHANHASSEN MN 55317-9441 ALAN R & CAROLYN D DIAMOND TRUSTS 7564 ERIE AVE CHANHASSEN MN 55317 DONALD LUCKIER 220 S 6TH ST SUITE 300 MINNEAPOLIS MN 55402 HAL P & PENELOPE 1 HOLT 5110 WEST ST EXCELSIOR MN 55331 JASON W WHITE TRUST 7528 ERIE AVE CHANHASSEN MN 55317 THOMAS W & PAMELA C DEVINE PO BOX 714 CHANHASSEN MN 55317-0714 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2018-16 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 the construction of a boulder wall and flagstone stepper path within the bluff setback and impact zone. 2. Prove . The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 9, Block 2, South Lotus Lake 2nd Addition. 3. Conditions. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a zoning permit. 2. The survey should be updated and provided as part of the zoning permit application showing: a) the top of the bluff; b) 20 -foot bluff impact zone; c) 30 -foot bluff setback; d) proposed lot coverage; e) 15" storm pipe and the drainage and utility easement located over the pipe; f) scenic preservation/conservation easement; and, g) all proposed improvements. 3. Stairways and flagstone stepper walkways within the bluff setback zone may not exceed 4 feet in width. 4. There shall be a minimum of six inches of separation between the flagstones that comprise the flagstone paths and walkways. 5. The location and dimensions of the boulder wall and flagstone pathways shall substantially conform to those depicted in Exhibit A. 6. All exposed soil within the grading limits must either covered either with vegetation or, in areas where vegetation will not grow, a doubled shredded hardwood mulch. 7. Soil infiltration improvements, either adding compost or air spading, shall be conducted within the project's grading limits. 8. The proposed retaining wall on the east side of the property is within the drainage and utility easement. It should not be constructed over the pipe or infringe on the easement. 9. The existing retaining wall on the east side of the property is located within a drainage and utility easement and an encroachment agreement should be obtained and recorded for the wall. 10. Zoning permits are required for all proposed retaining walls under four feet in height and building permits are required for any proposed retaining wall over four feet in height. 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: September 4, 2018 (SEAL) AND: STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CIIANHASSEN Denny Laufenburger, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this _ day of 2018 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 �10 Pu{N'fs MEMORANDUM To: MacKenzie Walters, Assistant Planner FROM: George Bender, Assistant City Engineer DATE: August 24, 2018 Engineering is generally in agreement with allowing Items A & B of the variance request. There appears to be alternative areas for the seating area that is not within the setback. A reconfiguration should be considered for this feature to keep it out of the bluff setback. Engineering has the following conditions: 1. Reconfigure the portion of the proposed patio overlooking the driveway that is within the 30' bluff setback. 2. Install the flagstones a minimum of 6" apart to allow for infiltration. 3. Address the area under the raised room on the NE corner of the structure. Recommend installing double -shredded mulch underneath it because grass or plantings are not expected to survive well. 4. Update the survey. The survey does not show the 15" storm pipe that is on the east side of the property. The drainage and utility easement over the pipe also does not appear to be shown on the survey. Review the as -built information from 1986 and consider maintenance of the pipe and access through the easement. 5. Update the survey. The conservation easement shown on the 1986 as -built drawing does not appear on the survey. The as -built indicates it was to generally follow the 930 contour. 6. The proposed retaining wall on the east side of the property is within a drainage and utility easement. It should not be constructed over the pipe or infringe on the easement in order to facilitate pipe maintenance. 7. The existing retaining wall on the east side of the property is also with a drainage and utility easement. An encroachment agreement should be obtained and recorded for the wall. The proposed vegetated swales significantly exceed stormwater runoff requirements for the site. These swales will help dissipate runoff from the roof by slowing it down and spreading it out, reducing the potential for erosion. Erosion is a primary concern for a properties located on bluffs and lakefront. The applicant has gone above and beyond to improve stormwater management on the site. Water resources has no comment regarding landscaping within the bluff. Any potential impacts to water quality and erosion are offset by the proposed vegetated swales and redirected runoff. Vanessa Ar CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on August 9, 2018, 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 to consider a variance application to install a boulder wall and patio in the bluff setback area, Planning Case File No. 2018-16, 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, Subscribed ands orn to bef re me thik3t day of 2018. Notary blic and by other appropriate records. =Pub4i -y M Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday September 4, 2018 at 7:00 p.m. This hearing may not ' start until later in the evenin , depending on the order of theagenda. Location: City Hall Council Chambers 7700 Market Blvd. Consider a variance application to install a boulder wall and Proposal: patio in the bluff setback area. Applicant: Ter Wortz Property 7644 S. Shore Drive 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: W What Happens Wthe 1. Staff will give an overview of the proposed project. at Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2018-16. If you wish to talk to someone about this project, please contact MacKenzie Walters by email at mwaltersAd.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday rior to the Planning Commission meeting. Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Man Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public heating before the Planning Commission. Wy ordinances require all property, within 500 feet of the subject site to be notified of the application In writing. My Interested party Is Inviled to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are availabte 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 Me 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 commerclalAndustrial. • Minnesota Stele Statute 51999 requires all applications to be processed within BO days unless the applicant waives this standard, Some applications due to their complexity may take several months to complete. My person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Coundl meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available M review the project with any Interested person(s). • Because the Planning Commission holds the Public hearing, the City Council does not. hAnutes are taken and any correspondence regarding the application will be included in the report to the Clty Council. ff you wish to have something to be Included In the report, cases contact Me Mannino Staff oersan named on the nofification. Notice of Public Hearing t Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 4, 2018 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. Consider a variance application to install a boulder wall and Proposal: patio in the bluff setback area. Applicant: Ter Wortz Property 7644 S. Shore Drive Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2018-16. If you wish to talk to someone about this project, please contact MacKenzie Walters by email at mwalters(ccilci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the lanning Commission meeting. Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings, Comprehensive Man Amendments and Code Amendments require a public hearing before the Manning 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 m,,r mandation. These neporls are available by request. Al 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 dose the hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify public wholly or partly the Manning 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 b commerciaWndustral. • 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 waning 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 spokespersonfrepresentative 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. ksnutes are taken and any correspondence regarding the application will be Induced in the report to the City Council. If you wish to have something to be induded in the report, lease contact the Panning Staff person named on Me notification. TAX—NAME TAX _ ADD _L1 TAX _ ADD _L2 TAX _ ADD _L3 SCOTT G FROST 120 SOUTH SHORE CT CHANHASSEN MN 55317- JO A FELLMAN 131 SOUTH SHORE CT CHANHASSEN MN 55317-9318 WILLIAM & JEANETTE LAPPEN 140 SOUTH SHORE CT CHANHASSEN MN 55317-9318 PATRICK FLANNERY 141 SOUTH SHORE CT CHANHASSEN MN 55317-9318 ROBERT ANDERSON 151 SOUTH SHORE CT CHANHASSEN MN 55317-9318 MARK D & JULIE ANNE PERKINS 160 SOUTH SHORE CT CHANHASSEN MN 55317-9318 EDWARD G MCGILLIVRAY II 161 SOUTH SHORE CT CHANHASSEN MN 55317-9318 KEVIN P & JILL C MCSHANE 180 SOUTH SHORE CT CHANHASSEN MN 55317-9318 CAROLIN JEAN SKAAR-PAGE 200 SHORE CT 5 CHANHASSEN MN 55317-9318 FRONTIER TRAIL ASSN 201 FRONTIER CT CHANHASSEN MN 55317-9728 WILLIAM & IVY KIRKVOLD 201 FRONTIER CT CHANHASSEN MN 55317-9728 SUSAN C HOFF 221 FRONTIER CT CHANHASSEN MN 55317-9728 ROBERT FLYNN 40 HILL ST CHANHASSEN MN 55317-9586 MIKE EWASIUK 7425 FRONTIER TRL CHANHASSEN MN 55317-9724 CATHERINE S HISCOX 7500 ERIE AVE CHANHASSEN MN 55317-7903 DENNIS FISHER TRUST 7501 ERIE AVE CHANHASSEN MN 55317-9441 SCOTT & JULIE MAEYAERT 7506 ERIE AVE CHANHASSEN MN 55317-7903 SCOTT MAEYAERT 7506 ERIE AVE CHANHASSEN MN 55317-7903 ANTHONY T DOPPLER 7508 ERIE AVE CHANHASSEN MN 55317-7903 MARTHA E MCALLISTER 7510 ERIE AVE CHANHASSEN MN 55317-7903 KATHRYN L MCINTIRE 7531 ERIE AVE CHANHASSEN MN 55317-7903 CURTIS E & TANYA K HAMILTON 7561 ERIE AVE CHANHASSEN MN 55317-7903 PAUL HYPKI 7591 ERIE AVE CHANHASSEN MN 55317-7903 RICHARD J CORWINE 7600 ERIE AVE CHANHASSEN MN 55317-9715 JOEL T SCOTT 7601 ERIE AVE CHANHASSEN MN 55317-9715 ROBERT C BLAD 7602 ERIE AVE CHANHASSEN MN 55317-9715 JEFFREY M COOKLE 7603 ERIE AVE CHANHASSEN MN 55317-9715 CHRISTOPHER W & JULIE JOHNSON 7604 ERIE AVE CHANHASSEN MN 55317-9715 NATHAN T & NANCYANN CASTENS 7605 ERIE AVE CHANHASSEN MN 55317-9715 TRUST AGREEMENT OF MARK E GREENE 7614 SOUTH SHORE DR CHANHASSEN MN 55317 - GREGORY W & COLLEEN E FLETCHER TRUSTS 7616 SOUTH SHORE DR CHANHASSEN MN 55317-9400 WILLIAM & DOROTHY LEBRUN 7628 SOUTH SHORE DR CHANHASSEN MN 55317-9400 LINDA WILKES 7632 SOUTH SHORE DR CHANHASSEN MN 55317-9400 a ROBERT D GOGGINS AMANDA LYNN ARENS REV TRUST JAMES DUBOULAY KEITH R & KIMBERLY K NORBIE ROBERT M CREES SCOTT WALKER DAVID G & KAY V YOOST JOEY R RIEDER ALAN R & CAROLYN D DIAMOND TRUSTS DONALD LUCKER HAL P & PENELOPE J HOLT JASON W WHITE TRUST THOMAS W & PAMELA C DEVINE 7636 SOUTH SHORE DR CHANHASSEN MN 55317-9400 7644 SOUTH SHORE DR CHANHASSEN MN 55317-9400 7648 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7652 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7656 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7660 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7664 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7668 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7564 ERIE AVE CHANHASSEN MN 55317 220 S 6TH ST SUITE 300 MINNEAPOLIS MN 55402 5110 WEST ST EXCELSIOR MN 55331 7528 ERIE AVE CHANHASSEN MN 55317 PO BOX 714 CHANHASSEN MN 55317-0714 0 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN CARVER & HENNEPIN Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized COUNTIES agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- HEARR ING a8 g NOTICE PUBLIC lager and has full knowledge of the facts herein stated as follows: PLANNING CASE NO. 2018-16 NOTICE IS HEREBY GIVEN (A) These newspapers have complied with the requirements constituting qualification as a legal that the Chanhassen Planning newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as Commission will hold a public amended. hearing on Tuesday, September bot 4, 2018 at 7:W p.m. in the Council (B) The printed public notice that is attached to this Affidavit and identified as No. Ll Chambers in Chanhassen City was published on the date or dates and in the newspaper stated in the attached Notice and said purpossee of this hearing is to Hall, o Market Blvd. The Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of consider a variance application the newspaper specified Printed below is a copy of the lower case alphabet from A to Z, both to install a boulder wall, flagstone inclusive, and is hereby acknowledged as being the kind and size of type used in the composition pathandpatio in thebluff setback and publication of the Notice: area and impact zone located at 7644 South Shore Drive and zoned abcdefghbklmnopgrstuvwxyz Single Family Residential (RSF). , Applicant: Tyler Wertz, Owner: /.� Matt and Amanda Arens. A, A plan showing the location y: of the proposal is available Laurie A. Hartmann for public review on the city's web site at wwwci.chanhassen. mn.us/2018-16 or at City Hall during regular business hours. Subscribed and sworn before me on All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. this day of 2018 MacKenzie Walters, Assistant _ Pte0 --, JYMME JEANNETTE BARK Email: mwaltersQa ci.chanhassen.mn.us NOTARY PUBLIC -MINNESOTA Phone: 952-227-1132 "� ; , MY COMMISSION EXPIRES 01131123 (Published in the Chanhassen N biic Villager on Thursday, August 2s, 2018: No. 4624) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.97 per column inch SCANNED q� r When my wife and I purchased our home in 2005 we took on a property that was an absolute mess. It V� was overgrown with buckthorn and thistle and the mostly small leafy trees were creating a canopy that didn't allow anything to grow to hold the sloped areas. The area close to the lake was sloped and mostly bare. When we would get hard rains you could stand by and watch soil carried right into the lake. We were newly married and didn't have kids yet so we had a lot of time on our hands and we spent most weekends working on the property. We removed the scrubby trees that were mostly small boxelder, basswood and buckthorn. We planted hostas, plants and bag after bag of low -growth fescue. We had riprap put in to stabilize the shoreline along with a small beach. We tried several times before finally hiring professionals to plant tall grasses along the shoreline to create a buffer for the lake. We planted tall grasses in a lower lying area and directed overflow water to that spot rather than to flow over the surface into the lake. We have always been grateful for the partnership we have enjoyed with the city and have received great advice and support from people like Terry Jeffrey, the former water resources specialist, and have modeled many of our plans after his suggestions. We knew when we purchased our home that it had many problems but in the years that we lived there we came to more fully understand that the deficiencies were much worse than we thought. We thought we could remodel, but it became clear that we would be better off to tear down most of the structure and start over rather than build on the bad bones of the house. We started that major project last year and as most of these things go it has taken longer and we have had plenty of surprises through the process. Now that it is mostly done we would like to finish the area around the house so that it is stable and so that it looks nice and doesn't detract away from all of the efforts we have taken to make the property and house look good. Unfortunately, the house is built very close to the bluff line and that is the reason for the variance request. We have come up with a plan that we feel has as little impact as possible given the placement of where the original house was built. We recognize that we are going through this process because these items we are requesting are not routinely allowed by the code. We are going to great efforts to ensure that after we are done we will have meaningfully improved the rainwater issues this property has had since before we purchased it that have caused issues for the lake and for some of our neighbors as well. It is our hope that when you consider the project as a whole and our many attempts, both current and past, to go above and beyond for what is good for the land and the lake, that you will allow us to put these items in to finish our project. Thank you for your consideration. Matt and Amanda Arens sCANNFC Written Justification of Request Compliance Submitted by: Matt and Amanda Arens 7644 South Shore Drive, Chanhassen, MN 55317 When we purchased our home in 2005, we took on a property that was an absolute mess. It was overgrown with buckthorn and thistle and the mostly small leafy trees were creating a canopy that didn't allow anything to grow to hold the sloped areas. The area close to the lake was sloped and mostly bare. When we would get hard rains, you could stand by and watch soil being carried right into the lake. We were newly married and didn't have kids yet, so we had a lot of time on our hands and spent most weekends working on the property. We removed the scrubby trees that were mostly small boxelder, basswood and buckthorn. We planted hostas, plants and bag after bag of low -growth fescue. We had riprap put in to stabilize the shoreline along with a small beach. We tried several times, before finally hiring professionals, to plant tall grasses along the shoreline to create a buffer for the lake. We planted tall grasses in a lower lying area and directed overflow water to that spot rather than over the surface into the lake. We are grateful for the partnership we enjoyed with the City as we completed these projects, and we received great advice and support from people like Terry Jeffrey, the former water resources specialist, and have modeled many of our plans after his suggestions. We knew when we purchased our home that it had many problems, but the longer we lived there we came to more fully understand that the deficiencies were much worse than we thought. We thought we could remodel our house within its existing structure, but it became clear we would be better off tearing down most of the structure and starting over rather than remodeling within the bad bones of the house. We broke ground on that major project last year, rebuilding the house on the existing foundation. As most of these things go, it has taken longer than anticipated and we have had plenty of surprises throughout the process. Now that the house construction is mostly done, we would like to finish landscaping the area around the house, so it is stable, looks nice and doesn't detract from all of the efforts we have taken to make the property and house look attractive. Unfortunately, the house was originally built very close to the bluff line, which is the reason for our variance request. We have come up with a landscape plan we feel has as little impact as possible on the bluff line given the placement of where the original house was built. We recognize we are going through this process because some of the items in our plan are not routinely allowed by the City code. However, we believe these items fall within the boundaries of using our property in a reasonable manner, and we respectfully ask that you consider the following points as you review our request: 1. Most of the area around the sides and back of our house is generally sloped. If we were to simply put grass there, it would be difficult to maintain/mow, but more importantly, this area gets very slippery when damp or wet, creating a significant safety concern, particularly considering we have parents who spend a lot of time with us who are in their late 60s/early 70s. The only way to access our lakeshore is through these sloped areas. We want to ensure it Is landscaped in such a way that there is a safe path for anyone who may be accessing it. 2. In terms of the sitting area in our front yard, it would be located in an area that was a blacktopped circular driveway when we purchased the property. When we removed this portion of the driveway several years ago, we were unaware that we would later be required to obtain a SCANNED variance to put a hard surface back in that area. We are not looking to extend the current driveway back to that area. We simply want to create a comfortable area to sit while we are outside watching our kids play in the driveway and on the swing set. In our landscape plan, we have incorporated a great deal of vegetation around all hard surfaces to ensure it adequately captures water and we're managing runoff in a responsible way. In this particular area, we simply want to be able to utilize our yard and property in a way that's consistent with the character of our house and locality. 3. As alluded to in the above bullet point, we are going to great efforts to ensure that our landscape plan will meaningfully improve the rainwater issues that have plagued this property likely since it was built. These runoff issues have caused problems for the lake and some of our neighbors. We believe our plan will make great strides in improving/fixing these issues. 4. Many of the properties near our home have had similar bluff line challenges, as the homes were built before the most recent bluff line regulations were put into place. In some cases within our neighborhood, more than 50% of the home is actually over the bluff line. Challenges conforming to the most recent bluff line regulations are not unique to our property, and many of our neighbors have been able to find reasonable ways to landscape their properties so they are able to fully utilize and enjoy their homes. We are simply looking to do the same. It is our hope that when you consider our project as a whole and our many attempts, both current and past, to go above and beyond for what is good for the land and the lake, that you will grant us a variance for the landscape items in question, so we may finish our project. Thank you for your consideration. Sincerely, Matt and Amanda Arens Variance Request for 7644 South Shore Drive Items requiring a variance per Staff review, falling within bluff impact zone and structure setback. A) Boulder Border/ Wall along top of bluff line —North Side of House Fieldstone boulders ranging in size from approximately 12" diameter to 27" diameter. Installed as a border and small retaining wall between existing fescue supported bluff and new landscape around house. The majority of this wall would be approximately 12-18" exposed height (1 course of boulders) as determined by the contour of the top of the bluff. Some areas near the porch corner (NE) may require 2 courses to stabilize the slope. Filter fabric will be placed behind boulders to prevent soil erosion through boulders. The intent of this wall is to provide an added means of slowing and dispersing any surface runoff onto the bluff. The landscape above the boulders will be graded and planted to do the same. Added benefits will be definition between the landscaping and the bluff, prevention of landscape materials (mulch/rock) migrating onto bluff and a more comfortably maintained landscape. B) Flagstone Stepper Path from Back Patio to Front Yard Irregular shaped, full range natural Bluestone Flagstone to be used as stepping stones to create a comfortable means of walking from front yard to back yard, as well as access for landscape maintenance. Stepping stones will range in size from approx. 18" diameter to 30" diameter, with varying irregular shapes. Stones to be set onto existing graded soils, with no significant excavation or compaction needed. Stones to be spaces approximately 4" to 10" apart to allow for drainage between and around stones. Mulch or landscape rock to be used around stones, depending on the location within the plan. Some areas may incorporate groundcover plantings between stones to stabilize soils and minimize erosion. The stepper path is an alternative to an original design concept that featured an expanded patio. City Staff recommended that no additional impervious patio be installed in this area. The stepper path will allow for some of the same function but with less impact on runoff. C) Flagstone Seating Area/Patio with Stone Seat Wall Patio/Seating area near front walkway to improve use of front yard and driveway area. Seating area to be constructed of full range, irregular shaped natural Bluestone Flagstone set on 6" of free draining base material (3/8" clear limestone). Geotextile underlayment fabric to be installed between native soils and base material. Stones to be leveled and cut to fit with 1" or less joint tolerance, connected to front entrance walkway (also stone). Seat wall to be built on 12" diameter frost footings tied into a poured concrete slab. Blended natural wall stone stacked and mortared to create a free-standing seat wall, approximately 20" tall. The top of the bluff outside of this patio area is supported by long-established trees, so we feel the bluff impact of this feature is very minimal, especially considering the historical cover of this space (past driveway turnaround). CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 08/07/2018 2:09 PM Receipt No. 00385243 CLERK: AshleyM PAYEE: Mathew & Amanda Arens 7644 South Shore Drive Chanhassen MN 55317- 7644 S Shore Drive Variance- Planning Case 2018-16 ------------------------------------------------------- Variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 135.00 Total Cash Check 6729 Change 585.00 0.00 585.00 0.00 SCANNED PC_ ci,f),�,_ JG m 7644 S SHORE DRIVE VARIANCE - PLANNING CASE 2018-16 $200.00 Variance $200.00 Notification Sign $135.00 Property Owners List (45 addresses x $3 each) $50.00 Escrow for recording variance documents $585.00 TOTAL $585.00 Check 6729 from Mathew and Amanda Arens $0.00 BALANCE OWED SCANNED 76gq 50,a jju� Nta t EA TAX—NAME TAX—ADD—Ll TAX—ADD—L2 TAX—ADD—L3 SCOTT G FROST 020 SOUTH SHORE CT CHANHASSEN MN 55317- 10 A FELLMAN v431 SOUTH SHORE CT CHANHASSEN MN 55317-9318 WILLIAM & JEANETTE LAPPEN x%140 SOUTH SHORE CT CHANHASSEN MN 55317-9318 PATRICK FLANNERY -4141 SOUTH SHORE CT CHANHASSEN MN 55317-9318 ROBERT ANDERSON ✓151 SOUTH SHORE CT CHANHASSEN MN 55317-9318 MARK D & JULIE ANNE PERKINS ✓160 SOUTH SHORE CT CHANHASSEN MN 55317-9318 EDWARD G MCGILLIVRAY II � 161 SOUTH SHORE CT CHANHASSEN MN 55317-9318 KEVIN P & JILL C MCSHANE V 180 SOUTH SHORE CT CHANHASSEN MN 55317-9318 CAROLIN JEAN SKAAR-PAGE V200 SHORE CT S CHANHASSEN MN 55317-9318 FRONTIER TRAIL ASSN V 20 FRONTIER CT CHANHASSEN MN 55317-9728 WILLIAM & IVY KIRKVOLD -4 201 FRONTIER CT CHANHASSEN l MN 55317-9728 SUSAN C HOFF 1/ 221 FRONTIER CT ' G° CHANHASSEN Cf4 d"A u 110 i MN 55317-9728 i9s4-zo ROBERT FLYNN 40 HILL ST ' Z7 Pipt{. {�, r ecco+'�'�sO CHA A&N MN 55317-9586 MIKE EWASIUK ✓7425FRONTIER TRL�y k"� CCrHANyIASSEN yCHrA��++yyHAON MN 55317-9724 CATHERINE S HISCOX t4Y7"c' 7500 ERIE AVE 13,2' &,P fey °&h MN 55317-7903 DENNIS FISHER TRUST Zrr ' �= 7501 ERIE AVESf IA" '- a�iHPA, (Pc 6lewtf f`&HANHASSEN MN 55317-9441 SCOTT & JULIE MAEYAERT ✓ 7506 ERIE AVE CHANHASSEN MN 55317-7903 SCOTT MAEYAERT `/ 7506 ERIE AVE CHANHASSEN MN 55317-7903 ANTHONY T DOPPLER 0 7508 ERIE AVE CHANHASSEN MN 55317-7903 MARTHA E MCALLISTER 7510 ERIE AVE CHANHASSEN MN 55317-7903 KATHRYN L MCINTIRE "7531 ERIE AVE CHANHASSEN MN 55317-7903 CURTIS E & TANYA K HAMILTON ✓ 7561 ERIE AVE CHANHASSEN MN 55317-7903 PAUL HYPKI Y 7591 ERIE AVE CHANHASSEN MN 55317-7903 RICHARD 1 CORWINE 7600 ERIE AVE CHANHASSEN MN 55317-9715 JOEL TSCOTT ✓7601 ERIE AVE CHANHASSEN MN 55317-9715 ROBERT BLAD ✓7602 ERIE AVE CHANHASSEN MN 55317-9715 JEFFREY M COOKLE ✓7603 ERIE AVE CHANHASSEN MN 55317-9715 CHRISTOPHER W & JULIE JOHNSON ✓ 7604 ERIE AVE CHANHASSEN MN 55317-9715 NATHAN T & NANCYANN CASTENS ✓ 7605 ERIE AVE CHANHASSEN MN 55317-9715 TRUST AGREEMENT OF MARK E GREENE ✓7614 SOUTH SHORE DR CHANHASSEN MN 55317 - GREGORY W & COLLEEN E FLETCHER TRUSTS 7616 SOUTH SHORE DR CHANHASSEN MN 55317-9400 WILLIAM & DOROTHY LEBRUN d 7628 SOUTH SHORE DR CHANHASSEN MN 55317-9400 LINDA WILKES V7632 SOUTH SHORE DR CHANHASSEN MN 55317-9400 ROBERT D GOGGINS AMANDA LYNN ARENS REV TRUST JAMES J DUBOULAY KEITH R & KIMBERLY K NORBIE ROBERT M CREES SCOTT WALKER DAVID G & KAY V YOOST JOEY R RIEDER ALAN R & CAROLYN D DIAMOND TRUSTS DONALD J LUCKIER HAL P & PENELOPE J HOLT JASON W WHITE TRUST THOMAS W & PAMELA C DEVINE -V 7636 SOUTH SHORE DR CHANHASSEN MN 55317-9400 '/7644 SOUTH SHORE DR CHANHASSEN MN 55317-9400 ✓7648 SOUTH SHORE DR CHANHASSEN MN 55317-9441 "7652 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7656 SOUTH SHORE DR CHANHASSEN MN 55317-9441 ✓ 7660 SOUTH SHORE DR CHANHASSEN MN 55317-9441 ✓ 7664 SOUTH SHORE DR CHANHASSEN MN 55317-9441 1/ 7668 SOUTH SHORE DR CHANHASSEN MN 55317-9441 ✓ 7564 ERIE AVE CHANHASSEN MN 55317 220 S 6TH ST SUITE 300 MINNEAPOLIS MN 55402 i 5110 WEST ST EXCELSIOR MN 55331 7528 ERIE AVE CHANHASSEN MN 55317 PO BOX 714 CHANHASSEN MN 55317-0714 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division —7700 Market Boulevard CITY OF CHONSEN Mailing Address —P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW O Submittal Date: b ' 3 (b PC Date: - - CC Date. 9"� 4 -1 f5 60 -Day Review Date. /0-2- /60 Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checldist for required submalfal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on-site sewers..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence................................$325 ❑ All Others .........................................................$425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others .........................................................$425 ❑ Rezoning (REZ) through the development contract. ❑ Planned Unit Development (PUD)..................$750 ❑ Vacation of Easements/Right-of-way (VAC)........ ❑ Mirror Amendment to existing PUD ................. $100 (Addllional recording fees may apply) ❑ Alt Others ......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Ske Plan Review (SPR) ❑ Single -Family Residence ............................... ❑ Administrative ..................................................$100 ❑ All Others .......................................................$275 ❑ Commercial/Industrial Districte......................$500 ❑ Zoning Appeal ......................................................$100 Plus $10 per 1,000 square feet of building area: ❑ ( thousand square feet) NOTE: When multiple applications are processed concurrently, Include number of existing employees: appropriate fee shall be charged for each application, 'Indude nurnber of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit (_ units) ❑� Notification Sign (City to install and remove) .......................... ❑ Subdivision (SUB) ............. $200 R Property Owners' List within 500' (city to generate after pr"pplcation meeting) ........... ........................"'*...... $3 per address (_ addresses) Pel Escrow for Recording Documents (check all that ply)....................................................................... $50 per document ❑ Conditional Use Permit LJ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation Varlanoe ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_ easements) ❑ Deeds TOTAL FEE; Description of Proposal: Property Address or Location: Parcel #: 258010230 Legal Description: 7644 South Shore Drivel)IJn.,.. AUG 0 3 201& SOUTH LOTUS LAKE 2nd ADDITION 12 Total Acreage: 1.04 Wetlands Present? ❑ Yes 0 No Present Zoning: Single -Family Residential District (RO Requested Zoning: Single -Family Residential District (RSF3 Present Land Use Designation: Residential Low Den53 Requested Land Use Designation: Residential Low DensityQ Existing Use of Property: Residential ❑Check box if separate narrative is attached. ❑ Create 3 lots or less ........................................$300 ❑ Create over 3 lots .......................$600 + $15 per lot (_ lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat ..........................................................$700 (Includes $450 escrow for attorney costs)' 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Addllional recording fees may apply) Variance (VAR) ....................................................$200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others .......................................................$275 ❑ Zoning Appeal ......................................................$100 ❑ Zoning Ordinance Amendment (ZOA).................$500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application, ............. $200 R Property Owners' List within 500' (city to generate after pr"pplcation meeting) ........... ........................"'*...... $3 per address (_ addresses) Pel Escrow for Recording Documents (check all that ply)....................................................................... $50 per document ❑ Conditional Use Permit LJ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation Varlanoe ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_ easements) ❑ Deeds TOTAL FEE; Description of Proposal: Property Address or Location: Parcel #: 258010230 Legal Description: 7644 South Shore Drivel)IJn.,.. AUG 0 3 201& SOUTH LOTUS LAKE 2nd ADDITION 12 Total Acreage: 1.04 Wetlands Present? ❑ Yes 0 No Present Zoning: Single -Family Residential District (RO Requested Zoning: Single -Family Residential District (RSF3 Present Land Use Designation: Residential Low Den53 Requested Land Use Designation: Residential Low DensityQ Existing Use of Property: Residential ❑Check box if separate narrative is attached. Section 3: Property 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: I V /C'f ctr+Z Contact: 7 Address: Phone: 6-17-" ! 160 —S 2 %0 7160—S270 City/State/Zip: Cell: Email: Fax: Signature: Date: 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: Matt and Amanda Arens Contact: Matt Arens Address: 7644 South Shore Drive Phone: (952) 367.6609 City/State/Zip: Chanhassen, MN 55317 Cell: (952) 367-6609 Email: matt.p.arens@gmaii.com Fax: Signature: Date: 6/3/18 This application must be completed in full 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 and fees. 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 Information Who should receive copies of staff reports? "Other Contact Information: H Property Owner Via: ❑� Email ❑] Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRWT FORM SUBMR FORM ��il V- ✓r t � *i- Re !S ra e �er stvvpj�c r your �Ibtuic// � l .Tv [ct 7 Ufi ua:t.F !dam Gtj�tu a aGot,e aril jP I p. tto /`o�uCR� 'rite,. 7M roa Pawai N 9- Z i- 1 7 ; a f ped f�f de lreli.� k e�rtt ��wda e flVJAt �4' AV14 (wox-au 6,cl lrc:ccue.( LC fro. IS.zS%d �(� Sd f.i to 6,-&f (Is. -C 7-1-11 ZOA eek{ to iwk:l ref; Je] elevow aAd (4x"Gi" /.Penna 14 1 : %.rctjt,,jmei far 8c fv," i (Ree / leg fr/ t4av -7- va : PQ, a t f, d. " , - -r A CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on August 9, 2018, 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 to consider a variance application to install a boulder wall and patio in the bluff setback area, Planning Case File No. 2018-16, 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 sw%g[n to before me thi§Q2Lr4 day of H 2018. Notary Public JEA7M-,S,1UKL1NG Nota•Minnesota ply CommWbn FXF Jug 91, 7018 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday September 4, 2018 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. Consider a variance application to install a boulder wall and Proposal: patio in the bluff setback area. Applicant: Ter Wortz Property 7644 S. Shore Drive 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: W What Happens Wthe 1. Staff will give an overview of the proposed project. at Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2018-16. If you wish to talk to someone about this project, please contact MacKenzie Questions & Walters by email at mwalters(a)ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions. Planned Unit Developments, Site Pan Reviews, Conditional end Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. Cary ordinances require all property within 500 feet of the subject site to be notified of Me application In wri0ng. Any interested party is invited to attend the meeting. • Staff prepares a report on Me subject application that Includes all Pertinent Information and a recommendation, These reports are available by request. At the Panning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will ba opened for the public t0 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 Cty Council may reverse, affirm or modify wholly or party the Panning Commission's recommendation, Rezonings, land use and code amendments take a simple majority vote of the City Councll except rezonings and land use amendments from residential to commercialfindusirlal. • Minnesota Stale Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications clue to their complexity may take Several months to complete. Any person wishing to follow an Item through the process Should check with the Panning Department regarding Its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepreaenlshve 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 Panning Commission holds the public hearing, the City Council does not. Minutes are taken and any mrrespondence 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 Panning Staff person named on the notification. N Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 4, 2018 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: Citv Hall Council Chambers 7700 Market Blvd. Consider a variance application to install a boulder wall and Proposal: patio in the bluff setback area. Applicant: Ter Wortz Property 7644 S. Shore Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2018-16. If you wish to talk to someone about this project, please contact MacKenzie Walters by email at mwaltersAci.chanhassen.mmus or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Panned Unit Developments, Site Plan Reviews, Conditional and Inlehm Uses, Wetland Alterations, Rezonings, Comprehensive Pan Amendments and Code Amendments require a public hearing before the Panning Commission. City ordinances require all property within 50o feet of the subject site to be notified of Me 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 cavil 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 pally the Penning Commission's recommendation. Remnings, land use and code amendments lake a simple majority vote of the City Council except razonings and land use amendments from residential to commercialllndustdal. • Minnesota Stale 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 shmitl check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresenlative is encouraged to provide a contact for Me city. Often devetopers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any Interested person(sl. • Because Me Panning Commission holds the public hall the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Cmndl. If you wish to he" something to be included in the report, lease contact the Planning Staff rson named on the notification. TAX -NAME TAX _ ADD _Ll TAX -ADD -1.2 TAX-ADD-1.3 SCOTT G FROST 120 SOUTH SHORE CT CHANHASSEN MN 55317 - JO A FELLMAN 131 SOUTH SHORE CT CHANHASSEN MN 55317-9318 WILLIAM & JEANETTE LAPPEN 140 SOUTH SHORE CT CHANHASSEN MN 55317-9318 PATRICK FLANNERY 141 SOUTH SHORE CT CHANHASSEN MN 55317-9318 ROBERT ANDERSON 151 SOUTH SHORE CT CHANHASSEN MN 55317-9318 MARK D & JULIE ANNE PERKINS 160 SOUTH SHORE CT CHANHASSEN MN 55317-9318 EDWARD G MCGILLIVRAY II 161 SOUTH SHORE CT CHANHASSEN MN 55317-9318 KEVIN P & JILL C MCSHANE 180 SOUTH SHORE CT CHANHASSEN MN 55317-9318 CAROLIN JEAN SKAAR-PAGE 200 SHORE CT S CHANHASSEN MN 55317-9318 FRONTIER TRAIL ASSN 201 FRONTIER CT CHANHASSEN MN 55317-9728 WILLIAM & IVY KIRKVOLD 201 FRONTIER CT CHANHASSEN MN 55317-9728 SUSAN C HOFF 221 FRONTIER CT CHANHASSEN MN 55317-9728 ROBERT FLYNN 40 HILL ST CHANHASSEN MN 55317-9586 MIKE EWASIUK 7425 FRONTIER TRL CHANHASSEN MN 55317-9724 CATHERINE 5 HISCOX 7500 ERIE AVE CHANHASSEN MN 55317-7903 DENNIS FISHER TRUST 7501 ERIE AVE CHANHASSEN MN 55317-9441 SCOTT & JULIE MAEYAERT 7506 ERIE AVE CHANHASSEN MN 55317-7903 SCOTT MAEYAERT 7506 ERIE AVE CHANHASSEN MN 55317-7903 ANTHONY T DOPPLER 7508 ERIE AVE CHANHASSEN MN 55317-7903 MARTHA E MCALLISTER 7510 ERIE AVE CHANHASSEN MN 55317-7903 KATHRYN L MCINTIRE 7531 ERIE AVE CHANHASSEN MN 55317-7903 CURTIS E & TANYA K HAMILTON 7561 ERIE AVE CHANHASSEN MN 55317-7903 PAUL HYPKI 7591 ERIE AVE CHANHASSEN MN 55317-7903 ' RICHARD J CORWINE 7600 ERIE AVE CHANHASSEN ' MN 55317-9715 JOEL SCOTT 7601 ERIE AVE CHANHASSEN • MN 55317-9715 ROBERT C BLAD '� 7602 ERIE AVE CHANHASSEN ON 55317-9715 JEFFREY M COOKLE 7603 ERIE AVE CHANHASSEN MN 55317-9715 CHRISTOPHER W &JULIE JOHNSON 7604 ERIE AVE CHANHASSEN MN 55317-9715 NATHAN T & NANCYANMCASTE N� • 7605 ERIE AVE CHANHASSEN MN 55317-9715 TRUST AGREEMENT OF MARK E GREENE 7614 SOUTH SHORE DR CHANHASSEN MN 55317 - GREGORY W & COLLEEN E FLETCHER TRUSTS 7616 SOUTH SHORE DR CHANHASSEN MN 55317-9400 WILLIAM & DOROTHY LEBRUN 7¢21 SOUTH SHORE DR CHANHASSEN MN 55317-9400 . LINDA WILKES ` 7632 SOUTH SHORE DR CHANHASSEN MN 55317-9400 { I ROBERT D GOGGINS AMANDA LYNN ARENS REV TRUST JAMES J DUBOULAY KEITH R & KIMBERLY K NORBIE ROBERT M CREES SCOTT WALKER DAVID G & KAY V YOOST JOEY R RIEDER ALAN R & CAROLYN D DIAMOND TRUSTS DONALD J LUCKER HAL P & PENELOPE J HOLT JASON W WHITE TRUST THOMAS W & PAMELA C DEVINE 7636 SOUTH SHORE DR CHANHASSEN MN 55317-9400 7644 SOUTH SHORE DR CHANHASSEN MN 55317-9400 7648 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7652 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7656 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7660 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7664 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7668 SOUTH SHORE DR CHANHASSEN MN 55317-9441 7564 ERIE AVE CHANHASSEN MN 55317 220 S 6TH ST SUITE 300 MINNEAPOLIS MN 55402 5110 WEST ST EXCELSIOR MN 55331 7528 ERIE AVE CHANHASSEN MN 55317 PO BOX 714 CHANHASSEN MN 55317-0714 8/3/2018 Carver County Property Information Carver County Property Information What property are you looking for? Basemap Themes Search on address, property ID, or addition name Welcome Property Information General Click for Report Card View Available Plat View Land Records _ o;H" Email Property _ County ------- - Parcel ID: 258010230 Field Definitions Taxpayer AMANDA LYNN ARENS REV TRUST ' Taxpayer 2 AMANDA & MATHE" ARENS,TRUSTEE Taxpayer Address 7644 SOUTH SHORE f DR CHANHASSEN, MN - 55317-9400 Property Address 7644 SOUTH SHORE Tax Building , ..ymry v�cwrcia Print Measure 1y 1U SCANNED https:/Igis.00.carver.mn.us/publioparceV 1/2 DR CHANHASSEN, MN 55317 City/Township CHANHASSEN Use 1 Res 1 unit Mapped Acres 1 Tax Acres 1.04 Last Sale Date 6/24/2005 Last Sale Price $837,500 Last Sale Qualified/U nqua Bfiad Q Tax Building , ..ymry v�cwrcia Print Measure 1y 1U SCANNED https:/Igis.00.carver.mn.us/publioparceV 1/2 b6 Flo eLPAIS a m ROOF PLAN IV -10 z am -am., c5 c� E t r~ s` s R h Ls 1� !c J Rumor at R x car rw,fe runt gum raMnrcN '-=amG.usws L L W# # 1 + - :=src��yr uo ¢tact cwrtwr ung awg z. mos �d uta uo w,w ne � i o s o n�4 5PIFMFffr C�> �r �zocw�cmwrt�vrwrtrs '� sn. 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CJtYnlmm %/ / J6�q'1 a as rEu»IMc rtoEsrrt HMHM� HXI ualaO mb5 Cgwr(yyrxy _ VT aa13 CYIO ElEVx1M11 rNYEK 9alY — B,WTINT YwFll .fl+ ` ® 4TO0a aiMl Y uIEf1Y YINIRf STMT EENFP FU Wz 31207-319 aroitoP /a ® E�naa4E Mary PEDEsiu uw 1HEArbE VRAOMexI ® wE,.—�^�•°•^°�°�° Sheet 1 of 1 — I ,gEIYNI ..ti Walters, MacKenzie From: Tyler Wertz <tyler@mldco.com> Sent: Tuesday, August 21, 2018 2:21 PM To: Walters, MacKenzie Subject: Re: Application Follow Up Flag: Follow up Flag Status: Flagged Here you go, let me know if you think anything is missing: Front Entry Walkway: 185 SF Front Entry Patio: 180 SF Front Landscape Stone Steps & Flagstone Landings: 85 SF NW Corner Stone Steps & Flagstone Landings: 115 SF Deck Landing Flagstone: 35 SF Stepper Paths (all): 300 SF (approx. 75 steppers at roughly 2ftx2ft) Tyler Wortz L- &NdpC. M: 612.718.5 270 1 0: 952.467.4111 tyter@mtdco.com I www.mldco.com t in On Tue, Aug 21, 2018 at 1:41 PM, Walters, MacKenzie <MWalters(ia ci.chanhassen.mn.us> wrote: Tyler, Absolutely. You aren't going for a lot cover variance so we don't need exact numbers (no matter what you'll be way under the 25% maximum). I just know that the planning commission will want to know how much lot cover is being added and want to address that in the report, rather than trying to ball park it at the hearing. Best, -MacKenzie a " From: Tyler Wortz <tvlerCapmldco.com> Sent: Tuesday, August 21, 20181:35 PM To: Walters, MacKenzie <MWalters @ci.chanhassen.mn.us> Subject: Re: Application Ok, that sounds good. I'll put that together for you. Is it OK to just assume a general size and quantity of flagstone steppers (for example, 20 steppers at roughly 2x2 = 80 SF)? Obviously they will be varying shapes and sizes in reality. Tyler Wortz f6 o. M: 612.718.5270 1 0: 952.467.4111 tyler@mldco.com I www.mldco.com f I C_� h in] On Tue, Aug 21, 2018 at 1:28 PM, Walters, MacKenzie <MWalters(&ci.chanhassen.mn.us> wrote: Tyler, We do consider it to be impervious surface (technically just the areas covered by the flagstones); however, if you want to break down the impervious by category (Le: flagstone path, front walk, rear stairs and landings, front stairs and landing, patio)... I do think it is worth pointing out (and will be pointing out) that the flagstone walk ways don't generate water runoff in the same way as a poured concrete walk would. Best, -MacKenzie From: Tyler Wortz <tyler@mldco.com> Sent: Tuesday, August 21, 2018 1:19 PM To: Walters, MacKenzie <MWalters@ci.chanhassen.mn.us> Subject: Re: Application Hi MacKenzie - Yes, I can get that with a few clicks. Can you let me know which items fall into your definition of impervious surface? The front walkway and patio make sense, as well as the stairs and landings. Do you consider the flagstone stepper path impervious? Thanks, Tyler Wortz ��jfG��f3'�ca M: 612.718.5 270 1 0: 952.467.4111 tyler@mldco.com 1 www.mldco.com f N yin On Tue, Aug 21, 2018 at 11:53 AM, Walters, MacKenzie <MWaltersAci.chanhassen.mn.us> wrote: Tyler, I'm working on my staff report for the 7644 South Shore variance and was wondering if you knew approximately how much new impervious surface you'd be adding assuming the variance was granted in full (i.e. flagstone patio, walkways, stairs, etc.) If you don't have it handy, I can rough calculate it from what you've given me, but I thought you may have some more accurate numbers. Best, .. A -MacKenzie -----Original Message ----- From: Tyler Wortz <yler@mldco.com> Sent: Wednesday, August 8, 2018 11:54 AM To: Walters, MacKenzie <MWalters@ci.chanhassen.mn.us> Cc: matt.p.arensAjunail.com; Amanda Arens <amandaarens2-4-@j nail.com> Subject: Application Hi MacKenzie, I dropped off the application at the front desk at about 9am this morning. They said you were not there but that they would bring it to your office. Just want to confirm that you received. Let me know if you have any questions. I'm happy to print more copies or send digital versions whenever you'd like. Thanks again, Tyler Wortz Magnolia Landscape & Design Co. (612)718-5270 tylerna.mldco.com I www.mldco.com rU DUI COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CI'T'Y OF WHASSEN Mailing Address —P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: LL PC Date: _ Lj - I CC Date: /'� q - I6 60 -Day Review Date: IO —.2 - I oo Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others ......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence..$325 ❑ All Others ......................................................... $425 ❑ Rezoning (REZ) Additional escrow may be required for other applications ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD .................$100 Vacation of Easements/Right-of-way (VAC)........ $300 ❑ All Others ....................................................... $500 ❑ Sign Plan Review.................................................$150 Variance (VAR) ....................................................$200 ❑ Site Plan Review (SPR) Wetland Alteration Permit (WAP) ❑ Administrative .................................................. $100 ❑ CommerciaVlndustrial Districts' ...................... $500 $275 Plus $10 per 1,000 square feet of building area: $100 (_ thousand square feet) Zoning Ordinance Amendment (ZOA)................. $500 'Include number of existing employees: `Include number of new employees: ❑ Residential Districts.........................................$500 Plus $5 per dwelling unit (_ units) ❑ Subdivision (SUB) NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application, ❑✓ Notification Sign (City to install and remove)...................................................................................................................... $200 ❑✓ Property Owners' List within 500' (City to generate after pre -application meeting) ......... ..........*a.d..'e.s..... .......... $3 per address (°MS addresses....) ❑� Escrow for Recording Documents (check all that apply) ......................................... ........................ $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑� Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_easements) ❑ Deeds TOTAL FEE.; Description of Proposal: Property Address or Location: Parcel #: 258010230 7644 South Shore Drive n". AUG 032018 Legal Description: SOUTH LOTUS LAKE 2nd ADDITION TWP 12 Total Acreage: 1.04 Wetlands Present? ❑ Yes W No v LfJor Present Zoning: Single -Family Residential District (RE Requested Zoning: Single -Family Residential District (RSF3 Present Land Use Designation: Residential Low DensO Requested Land Use Designation: Residential Low DensityQ Existing Use of Property: Residential ❑Check box if separate narrative is attached. ❑ Create 3 lots or less ........................................$300 ❑ Create over 3 lots.......................$600 + $15 per lot dots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat ..........................................................$700 (Includes $450 escrow for attorney costs)` Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) r❑ Variance (VAR) ....................................................$200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence...............................$150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application, ❑✓ Notification Sign (City to install and remove)...................................................................................................................... $200 ❑✓ Property Owners' List within 500' (City to generate after pre -application meeting) ......... ..........*a.d..'e.s..... .......... $3 per address (°MS addresses....) ❑� Escrow for Recording Documents (check all that apply) ......................................... ........................ $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑� Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_easements) ❑ Deeds TOTAL FEE.; Description of Proposal: Property Address or Location: Parcel #: 258010230 7644 South Shore Drive n". AUG 032018 Legal Description: SOUTH LOTUS LAKE 2nd ADDITION TWP 12 Total Acreage: 1.04 Wetlands Present? ❑ Yes W No v LfJor Present Zoning: Single -Family Residential District (RE Requested Zoning: Single -Family Residential District (RSF3 Present Land Use Designation: Residential Low DensO Requested Land Use Designation: Residential Low DensityQ Existing Use of Property: Residential ❑Check box if separate narrative is attached. 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D1� p • o.. - =at . . -. Ron Kraeger R Associates, Inc. Engkmwkq Lwid 8uwAV Plug 8080 Waftm Road Eden PmkK M nm to 55344 (812) 934-4242 ,.. 5 s rk a ,.. 3 IKf>X�NNCDKA' � �• BHGOM IJlIblN '� IM/IIWN /� s •tJ �./� iSfX3Nb �' ' 'SM KDMIIIMNN s caa rm+s XM muoa auXM on roan _ ., aetulyurxlw�oer a% Xen H•y+. � n y Xxrwnt emu ♦x« �atw+ uevxea h L v s > ♦ 'r if OS [tl� •V3M 3VM 1 p.4 •JP rived :fooa _e,mu s1�d �N 5 s 4 3 IKf>X�NNCDKA' � �• BHGOM IJlIblN '� IM/IIWN /� s •tJ �./� iSfX3Nb �' ' 'SM KDMIIIMNN s caa rm+s XM muoa auXM on roan _ ., aetulyurxlw�oer a% Xen H•y+. � n y Xxrwnt emu ♦x« �atw+ uevxea h L v s > ♦ 'r if OS [tl� •V3M 3VM 1 p.4 •JP rived :fooa _e,mu s1�d �N At I l IR iazaa x a /6 vi I) 6U. 1�1 rA"/ \ F� N N J x % (,L' -:1w O ,\ I N �\\\ m/ _P x N N ZQ ��.\O Y' � xl I1/� �3tF9 �. I II I I I ��'0✓ p X~ m �ml°\ IP 065 2g 96. I I\ \\� $;li��yj,,£b�6S` J x / / 1i1. n 6LL6 93 2 .. ` SS91i dl ORA IX a p no p cob�� NQ' f / o-�11 �y ���—� �\`��I� �9 1 1 x 1� --� �3/ ate/ �a,e`A \11 )x I 1 �� — _ �((� 502'T6-56 E 74.99 x . I l x /Jh I nSel--—q4�� c — , �/ 11 1 I I •S� 38� . / / £Ql� �9—C% x 1�.r�5 945-4 x _ I N OIL a' m m n i J -7- m 'l c>i3O�7// � — � Ii —� m .9 6 0-94� ,c N xIt ��``1/"f // ` / I `� l lav lI %l / /� V c/ a$n ` %�� £ % _ \ \ za _x r / / / k I I l / 1l l / ,Jl / / �// l q0, �O S'9r6 x X �' �`-� / // /� / ,r i. / rn e5-9 9'6ti6 x SILT FENCE -' •x I6ti6 w \ • 1 ( v x Ar n x `� x •6 1 � If ` -�j00 ZP °.• r x� 0 NX ca Ld 0. x to maw UNP ` x \ / / • / N ; A 30 — Abd �� _'1• l� 950.4 —/+ZS•6£Z M„41,ZI,OON ci x P,Irll l lrinv-1\i\rq IVVI a IVV V -DA V I a Za o 6 P o a a 9 0 ,0 -----fi _ 1858 / 1959 n e I i 1'S x 0 F3 rn X r ww 10 9 O+s�� O LU _95aID �_ O _ a O _D n 6 oA � rn _ 00 — U) F3 rn X r ww Ir O LU zo FQ to cr W V' ^nln� LlInn^ v 1 11 V I 1 111 I V v O N W w LL Z w Q U L — — — ,ERTIFICATE OF SURVEY FOR: SHARRATT DESIGN ADDRESS: 7644 SOUTH SHORE DRIVE, CHANHASSEN, MN 55317 NORTH 0 40 ( IN FFFT ) 1 inch 40ft. ` 895.4 .. .... 896.6 V895.4 696.6 1 R96.8 C T 695.6 1'PRoX �::. .. eLUFF LINE �. 896 896.7 /898.2 g 946.5 BASSWO)D29 938.5; - � voscN 52.4 .944.1 .940. 891 $ EXISTING Nnllcrn 943.5T ! �i jp i` °+'. x 94'{ 9y Y I 900.6 I�" ..... 1....... . 948.6 9 8548:5 936.6 (i1 1 920.... pRq/ry. . N O � MH•830...'./f -y��o�iMATF��J j (952, 61 4.3 9595R (o { 953.6 x 955.3 4i /�'y `ppy AREA CALCULATIONS TOTAL LOT (above OHW) m f4 Existing House = 2,257 Sq. Ft. Existing Driveway = 3,641 Sq. I Existing Porch = 267 Sq. Ft. KE Z pQ,� Lot 9, Block CarverUTH CounyNMinnesota.l 695.2 895.6�e�y 595.6 Qy* SETBACKS FRONT = 30 SIDE 10 BLUFF LINE = 30 75 FROM OHW (896 EXISTING ELEVATIONS 9 z.2 ti GARAGE FLOOR 949.5 1 3.1TOP OF BLOCK m 950.0 LOWEST FLOOR = 943.6 it o ` % FIRST FLOOR = 951.0 O� 950.8 y 00 tl' LEGENDcc �0000000• DENOTES RET. WALL Z _-»-- DENOTES STORM SEWER -z DENOTES EXISTING FENCE Il DENOTES GAS METER/BOX 0 DENOTES IRON MONUMENT SET 0 DENOTES IRON MONUMENT FOUND ❑ DENOTES CATCH BASIN X1011.2 DENOTES EXISTING ELEVATION. I - I DENOTES CONCRETE DENOTES BITUMINOUS NOTES - FIELD SURVEY CONDUCTED ON MARCH 1ST, 2012. - BEARING'S SHOWN ARE ON ASSUMED DATUM. This survey was prepared without the benefit of title work. Easements, appurtenances, and encumbrances may exist In addition to those shown hereon. This survey is subject to revision upon receipt of a title Insurance commitment or attorneys title opinion. 928.8 .. .... - M _.N ^P� m { e mN.... C T .�• N 1'PRoX �::. .. eLUFF LINE �. .. ¢'4922 A2 a 9Y7 Nom. x g 946.5 BASSWO)D29 938.5; - � voscN 52.4 .944.1 .940. $ EXISTING Nnllcrn 943.5T ! �i jp EXISTING ELEVATIONS 9 z.2 ti GARAGE FLOOR 949.5 1 3.1TOP OF BLOCK m 950.0 LOWEST FLOOR = 943.6 it o ` % FIRST FLOOR = 951.0 O� 950.8 y 00 tl' LEGENDcc �0000000• DENOTES RET. WALL Z _-»-- DENOTES STORM SEWER -z DENOTES EXISTING FENCE Il DENOTES GAS METER/BOX 0 DENOTES IRON MONUMENT SET 0 DENOTES IRON MONUMENT FOUND ❑ DENOTES CATCH BASIN X1011.2 DENOTES EXISTING ELEVATION. I - I DENOTES CONCRETE DENOTES BITUMINOUS NOTES - FIELD SURVEY CONDUCTED ON MARCH 1ST, 2012. - BEARING'S SHOWN ARE ON ASSUMED DATUM. This survey was prepared without the benefit of title work. Easements, appurtenances, and encumbrances may exist In addition to those shown hereon. This survey is subject to revision upon receipt of a title Insurance commitment or attorneys title opinion. 928.8 946.7 x ux943:7 94&0 945.5 (. ' 945.7 'I \947.0'%. A '� i M 947.2 ' 946.. i P% 944.6 x :944.. . i4�+j•I 94y.3 9` X .._FES V) 944.9 x ,reby certify that this plan, survey or report was prepared by or under my direct supervision and that I am a duly Licensed d Surveyor under the lows of the State of Minnesota. P� 'EIDER Date: 3-2-12 Req. No. 44655 Lotus LOke 2nd R 947.8 JOB#I 2079BS 938.1 N" ES '. 17 �Oiis 1x MfN%5 6.4 947 048.2 947.4 6.7 O• C4O CB 0\E•cBT r�94 , SNC J�ACRE LAND SURV Blithe, MN 55449 J-,-'-,,763-238--6278 js.acreianc h I1 h 13 p IS 16 17 16 19 119 Ii a0 ^P� m { e 00 .�• N O {II_.8 n i` °+'. x 94'{ 9y Y I 934.0 I�" 948.6 9 8548:5 936.6 946.7 x ux943:7 94&0 945.5 (. ' 945.7 'I \947.0'%. A '� i M 947.2 ' 946.. i P% 944.6 x :944.. . i4�+j•I 94y.3 9` X .._FES V) 944.9 x ,reby certify that this plan, survey or report was prepared by or under my direct supervision and that I am a duly Licensed d Surveyor under the lows of the State of Minnesota. P� 'EIDER Date: 3-2-12 Req. No. 44655 Lotus LOke 2nd R 947.8 JOB#I 2079BS 938.1 N" ES '. 17 �Oiis 1x MfN%5 6.4 947 048.2 947.4 6.7 O• C4O CB 0\E•cBT r�94 , SNC J�ACRE LAND SURV Blithe, MN 55449 J-,-'-,,763-238--6278 js.acreianc h I1 h 13 p IS 16 17 16 19 119 Ii d PIP RM ------ lO6 /-WV R .exa 04 \ \\ (Op'N=896.9 4CVD 29) � \ nNe� �� \� \� \•rsr• \\ \\ \ •rce \ C \ 1R.\\ \.@\PPP +� \ �� w— \ 7.5 C] 4%� \ \\ \ yrrc�yy�� \q.n�i ]•� ��` \ �e-C_NV — ��-- _ g `\ / .wi 4. 779 _eY \ •py 6�_ \�=_ \; \. jw S xm >61: j>N Y 0Rs 1 aYY\ Rg \ Lsoo 5lY4Y46Y 1NI' I h \ pT, O \ Jnr T LO. 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