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CAS-22_2016-22 VAR-OWNER: BARB HEGENESI PATRIOT HO IMA -3 -7 -MI �? BERM ALOW, PR( 01�:_ I OUTDOORIJEXCAPES lIzIm"81 LAND90"WIR I MASONRY I CAEUMM OUTDOOR EXCAPES 2W DANMIS STFX-FT LONG LAKE, MN 55356 Office (952) 926-6899 www.outdoorexcapes.com AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS NARF M E M B E R houzz 2m 17M NE EA aam r1m, ENGINEERING FOR PERMEABLE PAVER SYSTEM DRANAGE VOIDS SURFACE WATER FLOW MEGA APBEL PAVEP5 3 LIT TLE LINE fA'T r F, rA 1.0!1 f GRANTIE CHIP CtRAVEL NYDRANGEAS EXISTING EVERGRfEWS KAIN GARDEN FM PERMEABLE PAVER 4' DRIAN TILE #VIERROW AND BACKYARD DRAINAGE TO RAIN GARDEN �?-0'01` 3/4'CLFAR ROCK FENCE pro :% - 11 E4561W GEOTEXTILE FILTER FABRIC FXISTIWGG SOILS 0 5 10 20 SCALE N FEET OFCAANHAS' Xt WEIVED AUG I �j LU1b CHWASSEN PLAWNG DEPT AUGUST 1, 2016 Do not copy or aflcn� dwese plarm to be cooled without an aud� slgruature linnno an Outdoor Escapes Tfiese plase, drimufnip, overall formis, coinposainon of spaces, elements of design, and/or general concepts contain confidential, proprietamy and trade secret md� and are emdusne copyrigifted property of Outd� lixcapes protected by Linited � Coplongtat L" land all swirls are Am unarkhorned use. installation, anci/or installation of concepts presented within this plan are stnc* probilamed vAtimmut the audoturness sagnamosre frona an Companies or persumm(s) found to be an mollation of thms ColpaW VAN be Sub*ct to legal pnzftdkW to reconrer all clarnage and convermations. 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Authortratica, Signature: M .1114-07,1113 7 �M DATE AUGUST 18,2016 CLIENT HEGENES SHEET # I 0 0 The contents of this file have been scanned, Do not add anything to it unless it has been scanned. CM OF 7700 Market Boulevard PO Box 147 Chanhassen, MIN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone� 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227,1170 Finance Phone: 952.22T1140 Fax: 952.2271110 Park & Recreation Phone 952.227.1120 Fax: 952.22T1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227,1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.22T1300 Fax: 952.227.1310 Senior Center Phone 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us 0 October 11, 2016 Outdoor Excapes Attn: Mark Hauri 2345 Daniels St. Long Lake, MN 55356 Re: 6845 Lake Harrison Circle- Pool Variance Planning Case #2016-22 Dear Mr. Hauri: 0 This letter is to formally notify you that on October 10, 2016, the Chanhassen City Council denied Planning Case 2016-22 for a 4.2 percent variance (759.25 square feet) from the 25 percent maximum hard surface coverage limitation for the construction of a permeable paver pool area on Lot 2, Block 2, Lake Harrison. If you have any questions or need additional information, please contact me at (952) 227-1132 or mwalters(&ci.chanhassen.nm.us. Respectfully, MacKenzie Walters Assistant Planner c: Barb Hegenes (6845 Lake Harrison Cir; Chanhassen, MN 55317) Building File 6845 Lake Harrison Circle Chanhassen is a Community for Life - Providing for Today and Planning to( Tomorrow SCAWNIED a 0 9 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) Barb Hegenes appeal of Chanhassen Planning Commission's denial of a variance to allow hardcover to exceed 25 percent by 8.14 percen� allow a detached accessory structure to exceed the rear lot coverage limit of 30 percent by 4.5 percent, and allow a 15 -foot reduction in the wetland buffer setback on property zoned Single -Family Residential District (RSF)-Planning Case 2016-22. On October 4, 2016 staff received revised proposal from Barb Hegenes requesting a hardcover variance of 4.2 percent. On October 10, 2016, the Chanhassen City Council met at its regularly scheduled meeting to consider the appeal. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 2, Block 2, Lake Harrison 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 subject site is zoned Single -Family Residential District. The purpose of the request is to provide an area for family recreation in the rear yard. Wbile this type of use is in harmony with the intent of the RSF District, permitting a pool area of this size is not in harmony with the intent of the district's coverage requirements, both as they pertain to stormwater management and the aesthetics of the neighborhood. No other property in the neighborhood has been allowed to exceed the RSF District's hard cover limit. The property currently has decks which allow for the use and enjoyment of the rear yard, and does not require the proposed pool area to allow the utilization of the rear yard. The property is also located within Lake Harrison's shoreland management district. Permitting properfies within the shoreland management district to have impervious sCANNED IN, 0 0 surface in excess of 25 percent is not in harmony with shoreland management district's goal of protecting and preserving water quality. 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 property currently complies with the City Code. The owner has options within the code for creating a rear yard family area including expanding the existing docks, constructing a detached deck in the rear yard, building a pergola, and other similar structures that would not increase the lot's hardcover. Historically, a permit to build a pool was issued for this property without any variance being requested or granted. Requesting an additional 759.25 sq. ft. of impervious surface to construct a pool area is not a practical difficulty in meeting the City Code. c. That the purpose of the variation is not based upon economic considerations alone. Finding; The stated intent is to create a family oriented pool area in the rear yard. Although the proposed pool area would increase the property's value, the request does not appear to be based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: When the house was built all of the existing regulations regarding impervious surfaces and lot coverage were in place. The lot is larger than the minimum lot size required in the RSF district. The inability to increase the amount of impervious surface is due to the fact that the house and driveway were designed and built to cover 24.77 percent of the lot, not due to any unique feature of the lot. The inability to construct the proposed accessory structure is the result of its proposed design. e. The variance, if granted, will not alter the essential character of the locality. Finding: The house immediately north has a pool and many other properties in the neighborhood have recreational areas in their rear yards. Due to the location of the proposed pool area, house placement, and proposed screening the project's impact on the neighborhoods will be minimal. 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 #2016-22, dated September 20,2016, prepared by MacKenzie Walters, is incorporated herein. 2 i I % 0 0 DECISION "The Chanhassen City Council denies the variance request to allow a 4.2 percent hardcover variance." ADOIvTED by the City Council this I Od' day of October, 2016. CITY OF CHANHASSEN BY: CITY OF CMNSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227-1140 Fax: 952.22T1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952,227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952,227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us 0 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner DATE: October 10, 2016 SUBJ: Variance — 6845 Lake Harrison Circle Planning Case #2016-22 PROPOSED MOTION "The Chanhassen City Council denies the request to allow a 4.2 percent hardcover variance, and adopts the attached Findings of Fact and Decision." City Council approval requires a simple majority vote of the City Council. EXECUTIVE SUMMARY On September 20, 2016, the Planning Commission, acting as the Board of Appeals and Adjustments, reviewed and denied a variance request to build a paver patio around a swimming pool. The variance request included: 1) 33.14 percent hardcover variance (maximum permitted 25%). 2) 34.5 percent accessory structure rear lot coverage variance (maximum permitted 30%). 3) 15 -foot wetland setback variance (15 feet required). Since the Planning Commission meeting, the applicant submitted revised plans that reduced the impervious surface and eliminated the rear yard coverage and wetland setback variances. The following is a summary of the revisions: � I t 17 -7 - Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt 0 0 6845 Lake Harrison Circle Variance Request October 10, 2016 Page 2 Comparison of Orip-inal and Alternative Proposals The proposed alterative is for a pool, a bar, fire pit, hot tub, and 800 square -foot patio. This proposal would exceed the property's 25 percent hardcover limit by 4.2 percent (759.25 square feet), and would result in 29.2 percent hardcover. The applicant proposes using an engineered paver patio system, retaining wall, and rain garden to mitigate the impact of the proposed pool area on the adjoining wetland. Please see the attached revised staff report on the alternative proposal for more comprehensive evaluation of the alternative proposal. Staff appreciates and recognizes the applicant's efforts to reduce the number of and intensity of variances required. The revised proposal does not exceed the property's rear lot accessory structure coverage limit, nor does it encroach upon the wetland setback. However, it still exceeds the property's 25 percent hardcover limit, and staff s concerns remain regarding the precedence and impacts of allowing homeowners to exceed hardcover limits utilizing pervious paver systems. g:�plan\2016phu�g�\20WM 6945 lake harri� cinle - v�\6945 lake harrmn executivesummaryrevised.dmx Ordinance Original Alternative Total Lot Coverage 25% 33.14% 29.2% Rear Yard Coverage 30% 34.5% 23.31% Wetland Setback 40 feet or 15 feet with improved buffer 0 feet provided 15 feet The proposed alterative is for a pool, a bar, fire pit, hot tub, and 800 square -foot patio. This proposal would exceed the property's 25 percent hardcover limit by 4.2 percent (759.25 square feet), and would result in 29.2 percent hardcover. The applicant proposes using an engineered paver patio system, retaining wall, and rain garden to mitigate the impact of the proposed pool area on the adjoining wetland. Please see the attached revised staff report on the alternative proposal for more comprehensive evaluation of the alternative proposal. Staff appreciates and recognizes the applicant's efforts to reduce the number of and intensity of variances required. The revised proposal does not exceed the property's rear lot accessory structure coverage limit, nor does it encroach upon the wetland setback. However, it still exceeds the property's 25 percent hardcover limit, and staff s concerns remain regarding the precedence and impacts of allowing homeowners to exceed hardcover limits utilizing pervious paver systems. g:�plan\2016phu�g�\20WM 6945 lake harri� cinle - v�\6945 lake harrmn executivesummaryrevised.dmx Todd Gerhardt 0 0 6845 Lake Harrison Circle Variance Request October 10, 2016 Page 3 Due to concerns over the long-term efficiency of the proposed paver system, the precedent that would be set by allowing properties to exceed hardcover limits by utilizing pervious pavers, and the intent of the Single Family Residential District to limit lot coverage, Planning Staff recommends denial of the proposed alternative. The Water Resources Coordinator also recommends denial citing DNR guidelines, the condition of Riley Creek, and the anti - degradation requirements of the City's National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Permit. Currently, the property has a deck located in the rear yard and conforms to all provisions of the Chanhassen City Code. All parcels in Block 2 of the Lake Harrison Subdivision where this property is located have a blanket 5 -foot front yard setback variance. No other variances have been issued within 500 feet of 6845 Lake Harrison Circle. In 2013, the property's previous homeowner applied for and received a building permit to construct a pool in the rear yard without a variance. The previous homeowner ultimately decided not to proceed with the project. Staff is recommending denial of the variance request. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on the variance request on September 20, 2016. No members of the public spoke for or against the variance request. The Planning Commission inquired to the nature and feasibility of different pool, paver patio, and rain garden configurations. The Planning Commission expressed concern about the encroachment into the wetland setback and ability of the proposed system to successfully mitigate the amount of runoff which would be generated by the proposed pool area. The Planning Commission requested clarification of the city's policy on paver patios. Staff clarified that they were treated as hardcover and that no residential property in the city has been allowed to utilize them to reduce their impervious surface coverage. The Planning Commission voted unanimously 6-0 to deny the variance request for the pool area. The minutes of this meeting are Item D-2 of the October 10, 2016 City Council agenda. RECOMMENDATION Staff and the Planning Commission recommend that the City Council deny the variance request to allow a 4.2 percent hardcover variance, and adopt the attached Findings of Fact and Decision. Should the City Council approve the applicant's alternative proposal, it is recommended that the City Council adopt the following motion and the attached Findings of Fact and Decision: "The Chanhassen City Council approves the variance request to allow a 4.2 percent hardcover variance. The approved hardcover variance is subject to the following conditions: g:�plan\2016 planning cases\2016-22 6845 lake hani" cimle - var\6845 lake harrison executive S1nanWY__MiSed.d0CX Todd Gerhardt 6845 Lake Harrison Circle Variance Request October 10, 2016 Page 4 1 . The property's hardcover is not to exceed 29.2 percent. 2. Site specific infiltration data, at the proposed infiltration surface elevation must be provided. 3. The applicant must demonstrate that there will be a minimum separation to ground water of three (3) feet or more where the pervious pavement will be employed. 4. Hydrologic and hydraulic calculations must be provided and demonstrate that the permeable paver system and rain garden not only mitigates for the proposed increase, but can accommodate tributary drainage areas directed to them for the design storm. 5. The design of the permeable pavement system shall follow MN Stormwater Manual guidelines unless manufacturer specifications expressly recommend against those guidelines. This includes the typical cross-section. 6. Construction practices to be employed to avoid compaction of the subsurface including ripping the in situ soils to a minimum depth of 12 inches. 7. The design of the rain garden shall follow MN Stormwater Manual guidelines. 8. A maintenance and operations manual describing anticipated inspections, annual maintenance, responsible parties and annual reporting forms. 9. A detailed erosion prevention and sediment control plan shall be submitted to the city for review and approval. 10. The applicant must apply for and obtain permissions from Riley Purgatory Bluff Creek Watershed District and any other agency with legal jurisdiction over the site. 11. The site must comply with today's buffer standards. A buffer a minimum 25 feet in width must be established with 100 percent native vegetation, clearly indicated on the plan set, and demarcated with signage. A wetland buffer agreement shall be prepared and recorded against the property to comply with City Code Section 20-411 (e). 12. All structures must be located outside of the secondary setback assuming buffers updated to current wetland protection requirements. 13. The applicant must apply for and receive a building permit from the city." ATTACHMENTS 1. Revised Planning Commission Staff Report (bold and strike -through forrnat). 2. Letter from WRC (revised), dated October 4, 2016 3. Applicant's proposed alternative received October, 4, 2016. 4. Applicant's Letter of Appeal dated September 23, 2016. 5. Findings of Fact and Decision Denial. 6. Findings of Fact and Decision Approval. g:\plan\2016 rilmning c�\2016-22 6845 lake haffi� circle - var\6945 lake hani� executive sumnmy—revised.dMx Applicant 11 CITY OF CHANHASSEN PC DA& September 20, 2016 CC DATE: October 10, 2016 REVIEW DEADLINE: October 18,2016 CASE#: 2016-22 BY: MW, TJ submitted a revised proposal. Changes are in bold ancl obsolete provisions nave oeen strucK tnr PROPOSED MOTION: "The Chanhassen City Council Beafd of Appeals and Adjustinefft denies thevafiEee request to allow hardeever to &Eeeed 25 pereent b &.44 a 4.2 percent hardcover variance, allow a detaehed aesessery stmetwe to e�ieeed the reaf lot oeveFage jimit of 30 pefreew by 4.5 peFeefA, and &How a I S feat fe-d-l-letion iR the wedend qefhaek-, and adopts the attached Findings of Fact and Decision." (Note: a motion for approval and appropriate findings of fact are also included at the end of the report.) SUMMARY OF REQUEST: The property owner is requesting a variance to allow them to add a 44W 800 -square foot permeable paver system around a proposed 40 feet x 18 fe poolintheir rear yard. The Zoning Code allows this property to have a maximum hardcover of 4,481.75 square feet and the property currently has 4,441 square feet of hardcover. Additieaall�- &e pr-apesed pool ffiragwauldeoveF 3 4.5 pmei4 efthefeaf ywd and enefoaeh 15 feet into the reaf yaFd'swedand LOCATION: 6845 Lake Harrison Cir (PID 254170140) APPLICANT: Barb Hegenes 6845 Lake Harrison Cir Chanhassen, MN 55317 PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: .41 acres 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 )ugh. Planning Commission 6845 Lake Harrison Cir September 20, 2016 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 owner is requesting a variance to install a pool area in her rear yard. This pool area would include a 4 -,SW 800 -square foot paver patio system, 40 feet * 18 fee pool, a bar, and a fire pit. The proposed patio system would exceed the property's hardcover limit of 4,481.75 square feet. (25 percent) by 1,459.25 759.25 square feet. (84.4 4.2 percent). The City Code does not exempt permeable paver systems from hardcover calculations. The applicant plans to mitigate the proposed pool area's impact on the watershed by: 1) Building a 5 -foot boulder retaining wall which will tapper down to 2 feet at the southwest comer in the rear of the property outside of the exi an updated W 25 - foot wedand buffer. The wall will help flatten the backyard. 2) Creating a rain garden in the southwest comer of the lot to mitigate and allow infiltration of the existing watershed coming down the south and west side of the yard. 3) Utilizzing a permeable paver system that can capture and allow the infiltration of run off. The proposed paver system would include two and a half feet of 1/4" clear rock and I" granite chips below the pavers. This retention area would capture the watershed from the north side of the house, part of the roof and approximately two thirds of run off generated by the back yard. The remaining run off would be directed into the two -foot -deep rain garden in the southwest comer of the lot. The rain garden will also handle any overflow from the permeable paver system through a release pipe installed below the pavers. This system may substantially reduce the watershed into the adjacent wetlands.; however-, it will also eever- 3 4.5 pefeent of the fear 5wd and enereaeh 15 feet inte the rear- yar-d'swetland setheele APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article H, Division 3, Variances Chapter 20, Article XI. Wetland Protection Section 20-411. Placement of Structures Chapter 20, Article, X1. Wetland Protection Section 20-412. Buffer Strips Required Chapter 20, Article X111. "RSF' Single-family residential district Section 20-615. Lot requirements and setbacks. Chapter 20, Article, XXHL General Supplemental Regulations Section 20-904. Accessory Structures. Planning Commission 6845 Lake Harrison Cir September 20, 2016 Page 3 of 10 BACKGROUND On March 7, 2008 the City of Chanhassen approved a permit for the construction of a single family home with an attached garage. The approved house, driveway, and associated sidewalks and stoops created 4,441 square feet of hardcover on a 17,927 -square foot lot. This resulted in a lot coverage of 24.77 percent. The Single -Family Residential District of the City Code states, "the maximum lot coverage for all structures and paved surfaces is 25 percent." At the time the City Code required a 20 -foot wetland buffer and 40 -foot structure setback from the edge of the buffer. The house was built in compliance with these provisions. On April 15, 2009 the City of Chanhassen approved a permit for the construction of 320 -square foot deck in the property's rear yard. The deck did not alter the property's hardcover. On May 19, 2011 the City of Chanhassen approved a permit for the construction of a 320 -square foot lower deck in the property's rear yard. The deck did not increase the property's hardcover. On September 18, 2013, the previous homeowner applied for a building permit to construct a pool in the rear yard. The permit was approved pending the removal of an amount of driveway surface equal to the amount of impervious pool apron to be installed and the use of wood decking to minimize the size of the impervious apron. The owner ultimately decided not to proceed with the project. On September 20, 2016 the Chanhassen Planning Commission voted unanimously to deny a variance request for a 1,500 -square foot permeable paver pool area. On September 23, 2016 the applicant appealed the decision of the Planning Commission to deny a variance request for a 1,500 -square foot permeable paver pool area. On October 4, 2016 staff received an alternative proposal for an 800 -square foot permeable paver pool area from the applicant. The property is zoned Single -Family Residential. This zoning district requires lots to be a minimum of 15,000 square feet, have front and rear yard setbacks of 30 feet, side yard setbacks of 10 feet, and limits hardcover to a maximum of 25 percent of lot area. General provisions in the City Code prevent accessory structures from covering more than 30 percent of the rear yard. The property is located within the Shoreland Management District for Lake Harrison which limits impervious surface to 25 percent of lot area. Planning Commission 6845 Lake Harrison Cir September 20, 2016 Page 4 of 10 A blanket 5 -foot front yard variance for Block 2 was approved with the subdivision that created this parcel (Planning Case 2005-14) A wetland classified as Manage I lies to the east of the property and a wetland buffer encompasses the last 20 feet of the rear yard. Since this lot was created prior to May 14, 2007 there is a 40 -foot structure setback from the wetland buffer. The home owner has the option of reducing that setback by 20 feet for accessory structures if they create a buffer strip as provided in Section 411 -11 (e). See the attached letter from the Water Resources Coordinator for a more detailed discussion of the wetland setbacks that apply to this property. The lot is 17,927 square feet and has 4,441 square feet of impervious surface resulting in 24.77 percent lot coverage. The house has a 25 -foot front yard setback, a 13.10 -foot south side yard setback, a I 0 -foot north side yard setback, and a 70 -foot rear yard setback from the rear lot line (50 -foot setback from the wetland buffer). The current deck is also setback 70 -feet from the rear yard (50 -foot setback from the wetland buffer). The existing house and accessory structures comply with all relevant provisions of the City Code. Lake Harris Subdivision: Block 1: The houses located on Block I tend to be situated on larger parcels, typically half an acre or larger. Those located on Lots 2 & 4, Block I are located on smaller lots and are close to the 25 percent hardcover limit. Block 2: The four houses located on Lots 1-4, Block 2 are all either at their 25 percent maximum lot coverage or within 1.3 percent of it. Of these four houses one was required to remove installed hardcover that was in excess of the 25 percent allowed by the City Code, and another had to revise a proposed project in order to avoid exceeding the 25 percent limit. Lots 24, Block 2 feature relatively large houses placed on parcels of approximately 18,000 square feet. The Lot 1, Block 2 has substantially larger lot of 26,869 square feet. Those located on Lots 5-10, Block 2 tend to be smaller homes located on lots between 20,306 square feet and 26,901 square feet. Block 3: The lots that comprise Block 3 tend to be larger; however, Lots 14, Block 3 are smaller lots with relatively large houses and are all at or within 1.3 percent of the 25 percent hardcover limit. Variances within 500feet. Blanket Subdivision Variance: All parcels on Block 2 of the Lake Harris Subdivision have a 5 - foot front yard variance. (Planning Case 2005-14) Planning Commission 6845 Lake Harrison Cir September 20, 2016 Page 5 of 10 No other variances could be found within 500 feet of 6845 Lake Harrison Cir. Hardcover issues: Two properties on Block 2 have had to either alter proposed projects or remove existing hardcover in order to comply with the zoning district's 25 percent hardcover limit. Lake Harrison Subdivision ANALYSIS Stormwater management 5 One of the goals of the City's hardcover ordinance is to limit and manage the amount of runoff generated by developments. The ordinance limits properties in Single Family Residential Districts (RSF) to a maximum lot coverage of 25 percent. The property is also located within the Lake Planning Commission 6845 Lake Harrison Cir September 20, 2016 Page 6 of 10 Harrison Shorcland Management District which limits lots to a maximum of 25 percent impervious surface. As noted in the letter from the Water Resource Coordinator the 25 percent cap was established based on studies showing the link between impervious surface coverage and negative impacts on water quality The City considers paver patios and other pervious pavement systems to constitute hardcover contributing to lot coverage. The rationale behind this determination is that the efficacy of these systems depends heavily on their design and proper maintenance. If these systems are not properly designed and maintained they rapidly lose their permeable characteristics and function the same as traditional impervious surfaces. The City lacks a mechanism for monitoring and enforcing the maintenance of pervious paver systems. It should also be noted, again from the Water Resource Coordinator's letter, that the DNR does not recognize the use of impervious pavers to allow developments exceed the 25 percent impervious surface cap. The proposed paver patio system is engineered so that surface water will drain through the voids between pavers and into the infiltration system beneath the patio. In the event that the surface water generated by a rain event exceeds the system's infiltration capacity drain tiles are placed just beneath the pavers in order to divert the excess into the rain garden. The paver patio system will be integrated with a retaining wall, grading improvements, and the aforementioned rain garden to further mitigate the pool area's impact on the amount of runoff generated by the property. The proposed paver patio system appears to be designed in line with best management practices. More information would be required to accurately project its efficacy. The long term viability of the system will depend on the current and potential future homeowners performing proper maintmance- Without proper maintenance the spaces between the pavers can rapidly become filled in and clogged. When this happens, those sections of the paver patio system will behave as impervious surfaces. If the functionality of -2-.7 5.2 percent of the proposed paver system became impaired it would be functionally equivalent to allowing the property to exceed its hardcover limit with conventional surfaces. Due to these concerns, most communities either count paver patio systems as impervious surface, like Chanhassen, or use a set ratio or credit system to evaluate how they contribute to a parcel's hardcover. Replacing the proposed paver patio system with a detached deck or expanding the existing lower deck would allow for a similar use of the rear yard as the proposed paver patio system without requiring a hardcover variance. Viewscape The City's hardcover restrictions are also intended to ensure that residential neighborhoods have a significant amount of open space. Residential districts with zoning that allows for higher lot coverage percentages than RSF's 25 percent are those where significant amounts of upland are preserved or created as permanent open space to balance out the higher hard surface and lot coverage on individual lots. Lq all lew density Fesidenfial distriets, Seefien 20 904 ofthe City Code Planning Commission 6845 Lake Harrison Cir September 20, 2016 Page 7 of 10 . . . . . . . . . . . . . . . . .................... IFFINIPPOMMM-1., .... .... .. W, V . ...... . WMW RITAM MM. �., IMP;. .. . ..... !-97 R ----------- MMM. �1. . M!"PRWIFIRRIV.-Vin . . . . . . . . . . . . . . ..... . . . . . . �. . ......... . ..... Redueing the pool apea's size by 269.5 s"are feet. wetild allow it to be built in eemplianee wM Seetien 20 904, but woWd still plaes the pmperty 1,189-75 square feet. The proposed paver patio area would be 75915 square feet over the property's 25 percent structure and paved surface lot coverage limit for a total lot coverage of 29.2 percent. As was noted earlier, this limit was created with the dual intent of managing stormwater and creating visually appealing neighborhoods by preserving open spaces. .WVP49P.TPr.T5n!.WPrM IFFINIPPOMMM-1., .... .... .. M- M�M- .......... ----------- nN --- --- ......... ..... .......... ............. .......... ........... ................. .... ........ ................ .. . ..... M-" ~W ........... .............. MIN 000"HIMMUTI MRTM�-M.-. ow Planning Commission 6845 Lake Harrison Cir September 20, 2016 Page 8 of 10 SUNEYLARY The proposed pool area would place the property 1,459.25 759.25 square feet over its 4,481.75 - square foot. hardcover limit-, 269.5 squaFe feet eveffi its FeaF lot aeeessery stfueture raevemge l4nit; and would be leemed 15 feet within the prepeFty's wedand seth . The applicant proposes to mitigate these impacts through the creation of a paver patio system which, if property designed and maintained, may substantially reduce the amount of run off generated by the unpervious surface. A significant number of the surrounding properties are at or within 2 percent of the 25 percent hardcover hrmt, and two have had projects sent back for revision or code enforcement action taken to prevent them from exceeding the zoning district's hardcover maximum. To date, other than the Block 2 blanket 5 -foot setback, no variances have been given to any properties within 500 feet of the applicant. ............. ........ I N M- -, i I ------ .... M ......... ---------- SUNEYLARY The proposed pool area would place the property 1,459.25 759.25 square feet over its 4,481.75 - square foot. hardcover limit-, 269.5 squaFe feet eveffi its FeaF lot aeeessery stfueture raevemge l4nit; and would be leemed 15 feet within the prepeFty's wedand seth . The applicant proposes to mitigate these impacts through the creation of a paver patio system which, if property designed and maintained, may substantially reduce the amount of run off generated by the unpervious surface. A significant number of the surrounding properties are at or within 2 percent of the 25 percent hardcover hrmt, and two have had projects sent back for revision or code enforcement action taken to prevent them from exceeding the zoning district's hardcover maximum. To date, other than the Block 2 blanket 5 -foot setback, no variances have been given to any properties within 500 feet of the applicant. Currently there is a single family home located on this property which is the primary use for the RSF district. The applicant has the ability to construct other accessory structures in the rear yard, and a permit was previously issued for the construction of a pool area in the rear yard that did not require a variance. RECOMMENDATION "The Chanhassen BeaFd of Appeals and Adjustments City Council denies the variance request to allow haFdeevef to emeeed 25 pereent by 8.14 a 4.2 percent—,aflew-a-detaehed-a� stmetufe to exeeed the rear lot eeverage limit of 3 0 pement by 4.5 peFeent, and allow a 15 feet- Feductien in the wedwid sethaek, hardcover variance, and adopts the attached Findings of Fact and Decision." Should the Planning Commission approve the variance request to exeeed allowed hafdeever-, W4 not the re"est to emeeed the mu lot 60yer-age !4nk er the fe"es4 for- relief &am the 15 feet ............... ...... IM--- .... M ......... ---------- IMP" In... Currently there is a single family home located on this property which is the primary use for the RSF district. The applicant has the ability to construct other accessory structures in the rear yard, and a permit was previously issued for the construction of a pool area in the rear yard that did not require a variance. RECOMMENDATION "The Chanhassen BeaFd of Appeals and Adjustments City Council denies the variance request to allow haFdeevef to emeeed 25 pereent by 8.14 a 4.2 percent—,aflew-a-detaehed-a� stmetufe to exeeed the rear lot eeverage limit of 3 0 pement by 4.5 peFeent, and allow a 15 feet- Feductien in the wedwid sethaek, hardcover variance, and adopts the attached Findings of Fact and Decision." Should the Planning Commission approve the variance request to exeeed allowed hafdeever-, W4 not the re"est to emeeed the mu lot 60yer-age !4nk er the fe"es4 for- relief &am the 15 feet Planning Commission 6845 Lake Harrison Cir September 20, 2016 Page 9 of 10 1.*89 and huffeF qatheek, 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 approves the variance request to allow har,deever- to emeeed 25 pereent by 3 a 4.2 percent hardcover variance, btA deities the v i Fequests for- a detached aeeessery stmetafe to exeeeding the MaF jet eeverage limit of 30 pereent by 4.5 pereent and fef a 15 feet reduefien in the wetland bth%f sethaek. The approved hardcover variance is subject to the following conditions:" I . The property's hardcover is not to exceed 2-8 29.2 percent 2. Site specific infiltration data, at the proposed infiltration surface elevation must be provided. 3. The applicant must demonstrate that there will be a minimum separation to ground water of three (3) feet or more where the pervious pavement will be employed. 4. Hydrologic and hydraulic calculations must be provided and demonstrate that the permeable paver system and rain garden not only mitigates for the proposed increase, but can accommodate tributary drainage areas directed to them for the design storm. 5. The design of the permeable pavement system shall follow MN Stormwater Manual guidelines unless manufacturer specifications expressly recommend against those guidelines. This includes the typical cross-section. 6. Construction practices to be employed to avoid compaction of the subsurface including ripping the in situ soils to a minimum depth of 12 inches. 7. The design of the rain garden shall follow MN Stormwater Manual guidelines. 8. A maintenance and operations manual describing anticipated inspections, annual maintenance, responsible parties and annual reporting forms. 9. A detailed erosion prevention and sediment control plan shall be submitted to the city for review and approval. 10. The applicant must apply for and obtain permissions from Riley Purgatory Bluff Creek Watershed District and any other agency with legal jurisdiction over the site. 11. The site must comply with today's buffer standards. A buffer, minimum 25 feet in width must be established with 100 percent native vegetation, clearly indicated on the plan set, demarcated with signage, and recorded with the property. 12. All structures must be located outside of the secondary setback assuming buffers updated to current wetland protection requirements. 13. The applicant must apply for and receive a building permit from the City Planning Commission 6845 Lake Harrison Cir September 20, 2016 Page 10 of 10 ATTACHMENTS I . Finding of Fact and Decision Denial 2. Finding of Fact and Decision Approval 3. Development Review Application 4. Registered Land Survey 5. Landscape Plans 6. Letter from AIRC 7. Memo from RPBCWD 8. Affidavit of Mailing of Public Hearing Notice 0 0 CrIY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENL4,L) Application of Barb Hegenes for a variance to allow hardcover to exceed 25 percent by 8.14 percent, allow a detached accessory structure to exceed the rear lot coverage limit of 30 percent by 4.5 percent and allow a 15 -foot reduction in the wetland buffer setback on property zoned Single - Family Residential District (RSF)-Planning Case 2016-22. On September 20, 2016, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 2, Block 2, Lake Harrison 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 m harmony with the general purposes and intent of this Chapter and when the Variances are consistent with the comprehensive plan. Finding: The subject site is zoned Single -Family Residential District. The purpose of the request is to provide an area for family recreation in the rear yard. )While this type of use is in harmony with the intent of the RSF District, permitting a pool area of this size is not in harmony with the intent of the district's coverage requirements, both as they pertain to stormwater management and the aesthetics of the neighborhood. No other property in the neighborhood has been allowed to exceed the RSF District's hard cover limit or the restrictions on the amount of the rear yard which may be covered by an accessory structure. The property currently has decks which allow for the use and enjoyment of the rear yard, and does not require the proposed pool area to allow the utilization of the rear yard. The property is also located within Lake Harrison's shoreland management district. Permitting properties within the shoreland management district to have impervious 0 0 surface in excess of 25 percent is not in harmony with shoreland management district's goal of protecting and preserving water quality. Allowing an accessory structure within the required wetland setback is not in harmony with the ordinance's goal of protecting wetland buffers by ensuring a minimum distance between yard features and the start of the buffer. 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 property currently complies with the City Code. The owner has options within the code for creating a rear yard family area including expanding the existing decks, constructing a detached deck in the rear yard, building a pergola, and other similar structures that would not increase the lot's hardcover. Historically, a permit to build a pool was issued for this property without any variance being requested or granted. Requesting an additional 1,459.25 sq. ft. of impervious surface to construct a pool area is not a practical difficulty in meeting the City Code. Requesting to encroach into the required wetland setback is also not the result of a practical difficultly in meeting the City Code. The rear yard is large enough that a functional family area could be created while maintaining the required wetland buffer setback. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent is to create a family oriented pool area in the rear yard. Although the proposed pool area would increase the property's value, the request does not appear to based upon economic considerations. d. The plight of the landowner is due to circurnstances unique to the property not created by the landowner. Finding: When the house was built all of the existing regulations regarding impervious surfaces and lot coverage were in place. The lot is larger than the minimum lot size required in the RSF district. The inability to increase the amount of impervious surface is due to the fact that the house and driveway were designed and built to cover 24.77 percent of the lot, not due to any unique feature of the lot. The inability to construct the proposed accessory structure is the result of its proposed design. The wetland buffer setback does limit the amount of developable rear yard; however, the Block 2 of the subdivision was granted a 5 -foot front yard setback variance which mitigates its impact. The house was situated on the property in order to allow for a viable rear yard given the wetland setbacks that were in place at the time of construction. Section 20-411 (e) allows for an increase in the usable rear yard in exchange for improved 0 0 wetland buffers. Accessory structures can be built in the rear yard that conform to the required setback or the setback which could be achieved through Section 20411 (e). e. The variance, if granted, will not alter the essential character of the locality. Flinding: Currently no property in the neighborhood has been allowed to exceed the RSF district's impervious surface, lot coverage, and wetland setbacks. Allowing a property to cover a large portion of their rear yard with paver patios would significantly alter the visual impact and character of the neighborhood. 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. FTmding: This does not apply to this request. 5. The planning report #2016-22, dated September 20,2016, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments denies the variance request to allow hardcover to exceed 25 percent by 8.14 percent, allow a detached accessory structure to exceed the rear lot coverage limit of 30 percent by 4.5 percent, and allow a 15 -foot reduction in the wetland setback." ADOPTED by the Chanhassen Planning Commission this 2e day of September, 2016. CITY OF CHANHASSEN IU Chairman 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application of Barb Hegenes for a variance to allow hardcover to exceed 25 percent by 8.14 percent, allow a detached accessory structure to exceed the rear lot coverage limit of 30 percent by 4.5 percent and allow a 15 -foot reduction in the wetland buffer setback on property zoned Single - Family Residential District (RSF)-Planning Case 2016-22. On September 20, 2016, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 2, Block 2, Lake Harrison 4. VarianceFindin —Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The subject site is zoned Single -Family Residential District. The purpose of the request is to provide an area for family recreation in the rear yard. This use is in harmony with the intent of the RSF District. The district's coverage requirements are designed to manage both stormwater and the visual impact of developments. While the proposed paver system will mitigate the impact on stormwater generation, it will not address the "paved backyard" appearance created by exceeding the 30 percent rear yard coverage maximum for accessory structures. Accessory structures exceeding this limit are not in harmony with the intent of the RSF district. The property is located within Lake Harrison's shoreland management district. Permitting more than 25 percent hardcover in a shoreland management district threatens the district's goal of protecting and preserving water quality; however, the proposed paver patio system can mitigate this impact. Allowing an accessory structure within the required wetland setback is not in harmony with the ordinance's goal of protecting wetland buffers by ensuring a minimum distance between yard features and the start of the buffer. 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: Given the existing house configuration the applicant could not install a reasonable pool area within the confines of the zoning code's hardcover restrictions; however, a reasonable pool area could be installed in compliance with the restrictions on accessory structure lot coverage and the wetland buffer setback. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent is to create a family oriented pool area in the rear yard. Although the proposed pool area would increase the property's value, the request does not appear to based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: Market trends at the time of the house's construction favored large houses with three car garages. Given the dimensions of the lot and location of the rear wetland the property simply does not have enough acreage to allow for reasonable residential use while maintaining less than 25 percent lot coverage. The lot's lay out and existing blanket 5 -foot front yard setback variance allows adequate rear yard space for a pool area. e. The variance, if granted, will not alter the essential character of the locality. Finding: The house immediately north has a pool and many other properties in the neighborhood have recreational areas in their rear yards. Due to the location of the proposed pool area, house placement, and proposed screening the project's impact on the neighborhoods will be minimal. 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. PA r] 0 5. The planning report #2016-22, dated September 20, 2016, prepared by MacKenzie Walters, is incorporated herein. DECISION The Chanhassen Board of Appeals and Adjustments approves the variance request to allow hardcover to exceed 25 percent by 3 percent, but denies the variance requests for a detached accessory structure to exceeding the rear lot coverage limit of 30 percent by 4.5 percent and for a 15 -foot reduction in the wetland setback. The approved hardcover variance is subject to the following conditions:" I . The property's hardcover is not to exceed 28 percent 2. Site specific infiltration data, at the proposed surface elevation must be provided. 3. The applicant must demonstrate that there will be a minimum separation to ground water of three (3) feet or more. 4. Hydrologic and hydraulic calculations must be provided and demonstrate that the permeable paver system and rain garden not only mitigates for the proposed increase, but can accommodate tributary drainage areas directed to them for the design storm. 5. The design of the permeable pavement system shall follow MN Stormwater Manual guidelines unless manufacturer specifications expressly recommend against those guidelines. This includes the typical cross-section. 6. Construction practices to be employed to avoid compaction of the subsurface including ripping the in situ soils to a minimum depth of 12 inches. 7. The design of the rain garden shall follow MN Stormwater Manual guidelines. 8. A maintenance and operations manual describing anticipated inspections, annual maintenance, responsible parties and annual reporting forms. 9. A detailed erosion prevention and sediment control plan shall be submitted to the city for review and approval. 10. The applicant must apply for and obtain permissions from Riley Purgatory Bluff Creek Watershed District and any other agency with legal jurisdiction over the site. 11. The site must comply with today's buffer standards. A buffer, minimum 25 feet in width must be established with 100 percent native vegetation, demarcated with signage, and recorded with the property. 12. All structures must be located outside of the secondary setback assuming buffers updated to current wetland protection requirements. 13. The applicant must apply for and receive a building permit from the City ADOPTED by the Chanhassen Planning Commission this 20' day of September, 2016. CITY OF CHANHASSEN BY: Chairman W COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, IMN 55317 Iff OF CHMIESEN Phone: (952) 227-1300 / Fax: (952) 227-1110 WC APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: PC Date: CC Date: lb (A 60 -Day Review Date: (Refer to the appropriate Application Checklist for required Submittal information that must accompany this application) El Comprehensive Plan Amendment ......................... $600 El Minor MUSA line for failing on-site sewers ..... $100 El Conditional Use Permit (CUP) Metes & Bounds (2 lots) .................................. $300 Single -Family Residence ............................. _ $325 EJ Lot Line Adjustment ......................................... All Others ......................................................... $425 FinalPlat .......................................................... Interim Use Permit (IUP) (includes $450 escrow for attorney costs)* El in conjunction with Single -Family Residence.. $325 El All Others ......................................................... $425 El Rezoning (REZ) (Additional recording fees may apply) El Planned Unit Development (PUD) .................. $750 $200 El Minor Amendment to existing PUD ................. $100 D All Others ......................................................... $500 F� Sign Plan Review ................................................... $150 El Site Plan Review (SPR) Zoning Ordinance Amendment (ZOA) ................. $600 n Administrative .................................................. $100 Commercial/industrial Districts* ...................... $500 Plus $10 per 1,000 square feet of building area: thousand square feet) *Include number of existin employees: *Include number of new employees: Residential Districts ......................................... $500 Plus $5 per dwelling unit ( units) [-] Subdivision (SUB) Notification Sign (City to Install and remove) .............................................................................. ................ $200 Property Owners' List within 500' (city to generate after pre -application meeting) ......................... 4. � ..'.'.'.'.'. $ 3 p e r a d d r e s s " addresses) Escrow for Recording Documents (check all that apply) ....................................................................... $50 per document El Conditional Use Permit R interim use Permit Site Plan Agreement F1 Vacation 21 Variance Wetland Alteration Permit El Metes & Bounds Subdivision (3 docs.) [] Easements( easements) TOTAL FEE: Section 2: Required Information Description of Proposal: Property Address or Location: Parcel #: 25-4170140 6845 Lake Harrison Circle, Chanhassen, MN 553117 Legal Description: Lot 2, Block 2, LAKE HARRISON Total Acreage.. `IT92TOW Wetlands Present? Yes El No Present Zoning: Single -Family Residential District (R -U. Requested Zoning: Not Applicable Present Land Use Designation.. Residential Low Den63 Requested Land Use Designation: Not Applicable Existing Use of Property: Residence and residential yard 0 Check box is separate narrative is attached. E] Create 3 lots or less ........................................ $300 Create over 3 lots ....................... $600 + $15 per lot lots) Metes & Bounds (2 lots) .................................. $300 El Consolidate Lots .............................................. $150 EJ Lot Line Adjustment ......................................... $150 FinalPlat .......................................................... $700 (includes $450 escrow for attorney costs)* *Additional escrow may be required for other applications through the development contract. El Vacation of Easements/Right-of-way (VAC) ........ $300 (Additional recording fees may apply) Variance (VAR) .................................................... $200 El Welland Alteration Permit (WAP) El Single -Family Residence ............................... $150 El All Others ....................................................... $275 El Zoning Appeal ...................................................... $100 0 Zoning Ordinance Amendment (ZOA) ................. $600 NOTE: When multiple applications am 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) ......................... 4. � ..'.'.'.'.'. $ 3 p e r a d d r e s s " addresses) Escrow for Recording Documents (check all that apply) ....................................................................... $50 per document El Conditional Use Permit R interim use Permit Site Plan Agreement F1 Vacation 21 Variance Wetland Alteration Permit El Metes & Bounds Subdivision (3 docs.) [] Easements( easements) TOTAL FEE: Section 2: Required Information Description of Proposal: Property Address or Location: Parcel #: 25-4170140 6845 Lake Harrison Circle, Chanhassen, MN 553117 Legal Description: Lot 2, Block 2, LAKE HARRISON Total Acreage.. `IT92TOW Wetlands Present? Yes El No Present Zoning: Single -Family Residential District (R -U. Requested Zoning: Not Applicable Present Land Use Designation.. Residential Low Den63 Requested Land Use Designation: Not Applicable Existing Use of Property: Residence and residential yard 0 Check box is separate narrative is attached. . ..... Mink, APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, 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: Outdoor Excapes Contact: Mark Haud Address: 2345 Daniels St., Long Lake, MN 55356 Phone: (952) 926-6899 City/State/Zip: Long Lake, MIN 55356 Cell: (651) 503-6585 Email: mhauri@outdoorexcapes.com I Fax: Signature: '1111.� aQ�r- - - Date: 8/18/16 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: Barb Hegenes Contact: Address: 6845 Lake Harrison Circle Phone: - City/State/Zip: Chanhassen, MN 55317 Cell: (612) 730-3804 Email: — bjh.evan@gmaii.com Fax: Signature: 15A&ar& 3 Lpis Date: 8/18/16 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: R1 Property Owner Via: Z Email 2 Mailed Paper Copy Name: Applicant Via: 2] Email C] Mailed Paper Copy Address: Engineer Via: []Email E] Mailed Paper Copy City/State/Zip: Ej Other* Vii a: E] Email E] 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 (required). 0 0 Variance Request for Barb Hegenes 6845 Lake Harrison Circle, Chanhassen, MN 55317 REQUESTING A VARIANCE TO USE PERMEABLE PAVERS TO MITIGATE RUN-OFF AND HARDCOVER In 2016, Barb Hegenes purchased the house and property at 6945 Lake Harrison Circle in Chanhassen from the original owner who had previously built the house. She has contracted with Outdoor Excapes and Landscape Designer Mark Hauri to create a pool area in her backyard that will be a space for her and her whole family to come together and enjoy. The property which is 17,927 square feet backs up to a wetiand area. The current hardcover on the lot currently is 24.77% (4,441 sq.ft) which is calculated by: the building/front stoop and pad (3,521 sq.ft) and the front driveway and sidewalk (920 sq.ft). Currently, there is no hardcover area in the backyard. Due to the nature of the existing slope of the back, side yards, and half of the roofs watershed, all the rain water that hits these areas currently runs off directly into the wetland area. The backyard and side yard slope, although not excessive, does not allow for much infiltration in these areas before it runs off. Our main goals with this residential project and variance request are to work with the Riley Purgatory Bluff Creek Watershed District, the City of Chanhassen's engineers, the DNR, and Barb Hegenes to create a pool and backyard environment that will: 1) build a 5' boulder wall along the back property line (tapering down to 2'at the southwest corner), outside of the 2(Y Wetland Buffer, to help flatten the backyard, 2) mitigate the current watershed directly into the bluff by creating a permeable paver area that can capture and allow infiltration instead of direct run off into the wetland area, 2) create a rain garden in the southwest corner of the lot to mitigate and allow infiltration of the existing watershed coming down the south and west side of the yard, 3) request a variance to allow for an additional 1,500 square feet of permeable pavers around the proposed 40'x 18' pool. Our permeable paver system will include two and a half feet of Y4" clear rock and 1" of granite chips below the permeable pavers. This retension area will capture the watershed from the north side of the house, half of the roof s watershed, and approximately two thirds of the backyard's watershed. The remaining roofs watershed and backyard drainage will be graded to direct it into a two foot deep rain garden in the southwest corner of the lot. This depression will also be able to handle overflow (if any) from the permeable paver system which will have a release pipe installed just below the pavers. These systems, working in conjunction with each other, will alleviate virtually all the watershed into the current wetlands by creating a flatter yard and allowing water to be pretreated and infiltrate into the soil instead of running directly into these said wetlands. To accomplish this project and request for added hardcover using permeable pavers, Barb and Outdoor Excapes will work directly with the City of Chanhassen and the Riley Purgatory Bluff Creek Watershed's engineers to ensure that the engineering and installation of this pool, permeable system, and landscape are accurate and done in accordance with the best practices and engineering standards for these areas. Outdoor Excapes will also work with the Watershed District to post 3 wetland setback signs, currently not installed, to make sure both the current and/or potential future owner(s) understand and visually see the 20' wetland setback area. cyrYOKHANHASSEt RECEIVED AUG 19 2016 CHAWASOUNNNGDEPT � I I 2: It t13 0 0 1A LEGAL DESCRIP170N.- A SBUIL T SUR VE Y 016 lee, Wz Lot 2, Block 2, LAKE HARRISON, according to the Elevations arovided bv client ELEVARONS PRO14DED BY CLIENT� recorded plot thereol, Carver County, Minnesota. 6845 Lake Hcrriso� Circle Garage Floor = 999.4i(at overhead door) *BUILDING DIMENSIONS DO NOT REFLECT BRICK FA CING* Building Permit Number 2008-OOT,�G04 Se Top of Foundation Wall = 1001.84 -BUILDING DIMENSIONS SHOWN REFLECT LOWER LEVEL PLAN� E),JS HOU FFE 998.79 Lowest Floor 99J.42(9 Foot Basement) DATED FEBRUARY Q, 2008 T� *CURB AND GUTTER ARE EXIS77NGr U77LITIES ARE EXISTING* F T a M val % N84 43 Lot Area = 17,1927 sq. ft. 'I 7-W Building, stoop and pod = J, 521 sq- ft. 0 5.31 1 16 L4 70 = M98 Driveway and sidewalk = 920 sq. ft - Impervious area, = 4,441 sq. ft. 124.77 % of total Lot area BOULOD . RETAINING '�WALL.3 ..;-x2FT.±. 995.8 0 C" 0 Denotes iron monument found P 0 Denotes iron monument set C5 AP ROVED Bearings based on assumed datum. aff.m � - - — --1 By:D_"J4_ AU DEPT.- P I a-- '%il' NND S DATE::5 111// L CaN, 0 F 2 Qe V) BY: RECEIVED CANTILEVER DEPT- !A- �61 AUU I �;I ZUIb DATE: VACANT LOT SETBACK UNE. - STOOP 0 �p , BY- -0 CHANHASSNPLANNNGOF WALKOUT DEPT.: LOWEST FLOOR= 99142 V'\1613 ,I FDe� �.Nl') I hereby certify that this survey was prepared by me or under my direct. supervision and thct -4 1 am a duly Licensed Land Surveyor unde r the 0 ;k lows of Minnesota. -1,40.1stote of ci a, 980.59 elm 2 *X Craig W. Worse, R.L.S. 6ote 0 P.A TILITY License No. 23021 x (900.00) Denotes proposed elevation a 61 x 900. 00 Denotes existing elevation _1V Denotes surface drainage Denotes proposed sewer invert 2 'it '3t 8 Y� & to REQUESTE 22.00 MAY 8 9 0 011 0 J. Dave Malmnaw %�&NHASSE� JJV SP - _CTJO� IL V"""Op.o Qmlservi=.I� CL�v 0= CHANHASSEN I olo I - 'Da; 51 EdftP�MNSS3" PHONE 9SZ-937-SlSO SEP 17 -200a [TD IC FAX 9r1W_5V2 1ULfP_EE 1-833-07-5150 lftstvvood nCNF=_RING DR -F` E 'STI'NG HOUSE I T'AT P� FFE GARAGE 1000.08 Scal 1"-- 20 feet Dro wn by. BTW Dore: 09/0_ Q/08 Job No: 20082505 20082506Cy,,02L02.dwg ld3Cl ONIRNQ NnSvmWHO 53MEM" gim'stismrw Onv 0 03AIS03N W]iGIS WAVd ]l9V1WdJcl Wl �m m > z �s M Vi 4A z 0 z 0 0 Z 0 r) r --I 6609M IM -9� qpm MR ANY 3mm JaRlis %-EUNW svu sUdvaxil HOO(Uno SIM7*X3,100MO 4_ r mvItIt !oxi,- 0, Lint', FAMORN a V I M� 0 /�O #7 vl�j IMEM& ame ONO Ar W011. V.4 4� .I'dVN 6609M IM -9� qpm MR ANY 3mm JaRlis %-EUNW svu sUdvaxil HOO(Uno SIM7*X3,100MO 4_ r mvItIt !oxi,- 0, Lint', FAMORN a V I M� 0 /�O #7 vl�j IMEM& ame ONO Ar W011. V.4 4� 0 0 MEMORANDUM TO: MacKenzie Walters, Assistant Planner FROM: Terry Jeffery, Water Resources Coordinator DATE: September7,2016 RE: Planning Case 2106-22: Request for variance from hard cover requirements PROJECT UNDERSTANDING The applicant is requesting to exceed allowed hardcover area for a single family residential lot by 8% or 1,459 square feet. The applicant is proposing to mitigate additional stormwater runoff through the use of a pervious paver patio system and a rain garden. SHORELAND MANAGEMENT The property is located within the shoreland management district for Lake Harrison. State rules requires that hardcover on any lot within the shoreland district have no more than 25% impervious surface coverage. There is an abundance of studies showing a correlation between shoreland development and water quality degradation. The Center for Watershed Protection summarized 225 such studies in March of 2003. Research consistently shows that there is negative impacts to water quality when impervious surface coverage exceeds 10% - 12%. This review concluded that surface water . managers should be very extremely cautious in setting high expectations for how much watershed treatment can mitigate impervious cover..." Still other studies showed that areas were surface reservoirs are used for drinking water, the reservoirs cannot sustain safe drinking water supplies when impervious surface exceeds 25%. Minnesota Statutes, 103F, Sections 201-227 and the statewide Shoreland Management Program were drafted with these facets of watershed science in mind. Pervious pavement has been shown to be a very effective stormwater management tool. With proper design, installation and maintenance these practices promote infiltration rates that can approach hundreds of inches per hour thereby reducing runoff and pollutant loading. Pervious paver systems will degrade over time as the surface becomes clogged but according to the Environmental Protection Agency, will still have an infiltration rate in excess of I" per hour. Care must be taken during maintenance to avoid the use of sand for winter maintenance and to vacuum and/or power wash the 0 surface at regular intervals. In some pervious paver systems the rock within the joints will need replacement. It is also true that lawns, compacted during construction, can behave as impervious surfaces. However, the MN Department of Natural Resources has issued guidance for the use of permeable pavement systems in shoreland areas. Within this guidance the caution; "if taken as part of the overall site design and used as part of 0 larger stormwater management plan, permeable pavement systems can compensate for some of the impacts that other impervious surfaces have on a lot. However, they do not take the place of native vegetation and undisturbed soils, especially, in the Shore Impact Zone, that area which is closest to the shore and extends to half the setback of the structures." — Permeable Pavement Systems in Shoreland Areas, A Guide to Local Governmental Units, DNR Waters, St. Paul, MN, September 10, 2003. The DNR's final recommendation was that pervious pavement systems be used on new development where impervious coverage could be kept to 10% and the pervious pavement system makes up the next 15% of hardcover to get to that 25%. They do not recognize it as a practice to allow for exceeclance of hard cover limitations. Chanhassen has adopted several policies and practices already intended to help homeowners with the matter of hardcover. We do not count retaining walls against hard cover, we do not count swimming pools against hardcover and we do not count wetlands or other water features against the hardcover calculations although all of these surfaces produce more runoff than natural vegetation or even lawn. Chanhassen uses hardcover and impervious surface interchangeably. This can be misleading as the allowance of permeable pavement systems is not solely a function of storm water management. In addition to it being a stormwater issue, there is the question of green space. How much is enough? It is conceivable that one could make the entire property pervious through the use of a pervious pavement system. However, the site would still have 100% hardcover. WETLAND PROTECTION When Lake Harrison was developed, there were several wetland impacts. Much of the mitigation for these impacts was completed on-site. Mitigation areas M6 and M7 are located behind Lots 1 — 4 of Block 2. As part of this mitigation, a 20 foot buffer was created. This buffer was not only required by code but is part of the mitigation for the impacts. At the time of the development, the setback was 40 feet from the buffer regardless of if the structure was considered primary or secondary. Under these rules, the entire pool and 0 0 the majority of the patio are within the setback area and are not allowed. Section 20-411 of current code allows for the adoption of existing buffer standards. This would require the creation of a 25 foot permanent buffer strip vegetated with all native species. The monuments would need to be placed at the buffer and the new buffer and setbacks would need to be recorded. The setbacks would then be 30 feet for the primary structure and 15 feet for any secondary structures such as a pool and patio. Under this scenario, the wall could not be within the buffer and the pool and patio would need to be at least 40 feet total from the wetland boundary. Even if this method was selected, the majority of the pool and a significant portion of the patio are still within the setback and would not be an allowed use. Even with the revised buffers, the applicant will still need to comply with the requirements of other agencies with legal jurisdiction in Chanhassen. Riley Purgatory Bluff Creek Watershed District has buffer rules which are, in many cases stricter than Chanhassen's. The applicant will need to meet their buffer requirements as well. kq A= Figure 3. Buffer and Setback if Changed to Today's Rules Given the guidance provided by the DNR, the condition of Riley Creek, the anti -degradation requirements of the City's NPDES Municipal Separate Storm Sewer Permit, and the question of aesthetics, I recommend denial of the variance request. In the event this recommendation is not followed, the following conditions should be applied to any approval. 1. Site specific infiltration data, at the proposed surface elevation must be provided. 2. The applicant must demonstrate that there will be a minimum separation to ground water of three (3) feet or more. 3. Hydrologic and hydraulic calculations must be provided and demonstrate that the permeable paver system and rain garden not only mitigates for the proposed increase, but can accommodate tributary drainage areas directed to them for the design storm. 0 0 4. The design of the permeable pavement system shall follow MINI Stormwater Manual guidelines unless manufacturer specifications expressly recommend against those guidelines. This includes the typical cross-section. 5. Construction practices to be employed to avoid compaction of the subsurface including ripping the in situ soils to a minimum depth of 12 inches. 6. The design of the rain garden shall follow MN Stormwater Manual guidelines. 7. A maintenance and operations manual describing anticipated inspections, annual maintenance, responsible parties and annual reporting forms. 8. A detailed erosion prevention and sediment control plan shall be submitted to the city for review and approval. 9. The applicant must apply for and obtain permissions from Riley Purgatory Bluff Creek Watershed District and any other agency with legal jurisdiction over the site. 10. The site must comply with today's buffer standards. A buffer, minimum 25 feet in width must be established with 100% native vegetation, demarcated with signage, and recorded with the property. 11. All structures must be located outside of the secondary setback assuming buffers updated to current wetland protection requirements. 0 0 resourceful. naturally. engineering and environmental consultom. Memorandum To: MacKenzie Walters, Assistant Planner; City of Chanhassen From: Scott Sobiech, PE Subject: 6845 Lake Harrison Circle Plan Review by Riley -Purgatory -Bluff Creek Watershed District Date: September 7, 2016 c: Claire Bleser; Administrator Riley -Purgatory -Bluff Creek Watershed District We appreciate the opportunity to provide preliminary comments on the proposed construction of a pool and paver patio at an existing single family home at 6845 Lake Harrison Circle. The Riley- Purgatory -Bluff Creek Watershed District (RPBCWD) received a request for preliminary review of this project on August 31, 2016. This is a preliminary review of the submitted information; additional comments may need to be addressed prior to issuance of a permit based on further review of the plans or revised information that is submitted. This proposed development will need a RPBCWD permit prior to beginning land disturbing activities. The following comments are based on the rules that appear to apply to this project and highlight the areas where revisions or additional information are needed to meet the RPBCWD rules. These review comments do not constitute approval, a variance, or exemption from the rules. Therefore this project will require permit approvals from the RPBCWD Board of Managers. Rule C: Erosion and Sediment Control Conformance with the Erosion and Sediment Control Rule (Rule Q is required from the RPBCWD because more than 50 cubic yards of earth will be placed, altered, or removed (Rule C, Section 2.1). The following comments must be addressed for the project to be in compliance with RPBCWD Rule C. • An erosion control plan for the site must be provided. • The erosion control plan must include the following notes: o Soil surfaces compacted during construction and remaining pervious upon completion of construction must be clecompacted through soil amendment and/or ripping to a depth of 8 inches while taking care to avoid utilities, tree roots and other existing vegetation prior to final revegetation or other stabilization. o Construction site waste such as discarded building materials, concrete truck washout, chemicals, litter and sanitary waste must be property managed. o Natural topography and soil conditions must be protected, including retention onsite of native topsoil to the greatest extent possible. Barr Engineering Co. A700 West 77th Street, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.corn 0 0 To: MacKenzie Walters, Assistant Planner: City of Chanhassen From: Scott Sobiech, PE Subject 6845 Lake Harrison Circle Plan Review by Rfley-Purgotory-Bluff Creek Watershed District Date: September 7, 2016 Facie: 2 • Additional measures, such as hydraulic mulching and other practices as specified by the District must be used on slopes of 3:1 (H:V) or steeper to provide adequate stabilization. • Final site stabilization measures must specify that at least six inches of topsoil or organic matter be spread and incorporated into the underlying soil during final site treatment wherever topsoil has been removed. • All temporary erosion and sediment control BMPs must be maintained until completion of construction and vegetation is established sufficiently to ensure stability of the site, as determined by the District. c All temporary erosion and sediment control BMPs must be removed upon final stabilization. • All disturbed areas must be stabilized within 7 calendar days after land -disturbing work has temporarily or permanently ceased on a property that drains to an impaired water, within 14 days elsewhere. • The permittee must, at a minimum, inspect, maintain and repair all disturbed surfaces and all erosion and sediment control facilities and soil stabilization measures every day work is performed on the site and at least weekly until land -disturbing activity has ceased. Thereafter, the permittee must perform these responsibilities at least weekly until vegetative cover is established. The permittee will maintain a log of activities under this section for inspection by the District on request. Rule D: Welland and Creek Buffers A wetland on this parcel appears to be clowngradient from the proposed site activities. Because the proposed work triggers RPBCWD's Stormwater Management Rule (Rule J) and there is a wetland clowngradient of the activities, Rule D, Subsections 2.1a and 3.1 require buffer around this wetland. To conform to the RPBCWD Rule D the following revisions are needed: Because a wetland appears to be downgradient, a wetland delineation by a certified wetland delineator is needed for the wetlands clowngradient of the proposed construction to determine the buffer location. Because the project is located on an existing single family home parcel, a buffer with a 20 foot average, 10 foot minimum width must be provided. A wetland buffer area must be shown on the plans and indicated by permanent, free- standing markers at the buffer's upland edge. Please provide an example detail for the marker locations noted on the plans. An example detail is available for download from the RPBCWD website (www.rpbcwd.org/permits). 7J To: MacKenzie Walters, Assistant Planner City of Chanhassen From: Scott Sobiech, PE Subject: 6845 Lake Harrison Circle Plan Review by Riley-Purgalory-Bluff Creek Watershed District Date: Septernb� 7, 2016 Pace: 3 a A note must be added to the plans indicating: The potential transfer of aquatic invasive species (e.g., zebra mussels, Eurasian watermilfoil, etc.) must be minimized to the maximum extent possible. o Before any work subject to District permit requirements commences, buffer areas and maintenance requirements must be documented. The applicant may meet this requirement by entering into a maintenance declaration recorded with the County. Rule J: Stormwater Management Conformance with the RPBCWD Stormwater Management rule (Rule J) will be required for this project because more than 50 cubic yards of earth will be placed, altered, or removed or more than 5,000 square feet of land -surface area will be altered (Rule J, Section 2.1) and the parcel is within 500 feet of and draining to a wetland. Comments provided below are preliminary and general in nature and the applicant should review the RPBCWD's Stormwater Management Rule for full details on submittal requirements. 0 General Comments: • In accordance with RPBCWD Rule J, Subsection 3.4 the project must provide for the construction, installation, or implementation of a stormwater-management BMP. The rain garden shown on the plan could likely be considered as a stormwater-management BMP. Wetland buffer is allowed to be credited to the stormwater requirement per Rule J, Subsection 3.5. The construction, installation or implementation of a stormwater- management BMP must be consistent with guidance promulgated by the State of Minnesota, including but not limited to the Minnesota Stormwater Manual, Protecting Water Quality in Urban Areas Manual and Minimal Impact Design standards. • The lowest floor elevation of the home must be at least 2 feet above the flood elevation of the stormwater-management BMP. o Permit applicant must provide a draft maintenance declaration and inspection plan for review and approval by the RPBCWD. Once approved the declaration must be recorded with the County. A maintenance declaration template is available on the permits page of the RPBCWD website. (http://www.rpbcwd.org/permits/). Summary Based on the information provided to date, the proposed design does not meet the RPBCWD rules and a permit from the RPBCWD will be required prior to construction to likely cover the following: Erosion and Sediment Control, Wetland and Creek Buffers, and Stormwater Management. The permit application and detailed information on the RPBCWD rules are available for download on the RPBCWD website: htti)�//www.ri)bcwd.orq/E)ermits/ Please contact us with any questions. 0 0 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 September 8, 2016, 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 a hearing to consider a variance to build a paver patio around a pool at property located at 6845 Lake Harrison Circle to the persons named on attached Exhibit "N', by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this--Ldayof �42kA21� .2016. '�5tary Public t 4, Kim Tj Meuwissen, Deputy'Q&rk JENNIFER ANN POTTER t ry P Jr. I #Notary Pubiic- My C�wWWw EXO Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 20, 2016 at 7:00 p.m. This hearing may not start until later In the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. To consider a variance request to build a paver patio around a Proposal: pool. Applicant: Outdoor Escapes Property 6845 Lake Harrison Circle Location: I 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/2016-22. If you wish to talk to someone about this project, please contact Robert Generous by email at mwalters(a)ci.chanhassen.mn.us or by phone at Questions & . 952-227-1132. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEW1 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 Ravi" Procedure: • Subdivisions, Planned unit Developmi Site Man Remws, Conditional and Interim Uses, Welland Alterations, Rezorsirgs, Comprehensive Plan Amendments and Code Amendments require a public heading before the Planning Commission. City ordinances require all property within 500 feel of the subject site to be rallied 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 pertnent information and a recommendation. These reports am available by request. At the Planning Commission meeting, staff Will give a vei overview of the report and a rmornmendatiorl. The stem will be opened for the public to speak about the proposal as a pad of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the Oty Gotincil. The City Council may meme, affinn or modify "oily or party the Manning Commission's recommendation Rozontrigis land use and code amendments take a simple majority vote of the City Council except hatchings and land use amendments from residential to commercialAndustdal. • Unnesola State Statute 519.99 requires all 11PPItCalmins to be processed Within 60 days undess the applicant waives this standard. Some applications due to their complexity May take several months to complete. Any Person Wishing to Is an item through the process should check Win me Manning Department regarding its status and scheduling for the City Council meeting. is A neighlborrisood spokespersonlrespiressentative is encouraged to provide a contact for the city. Often developers are encouraged ko meet with the neighborhood regarding their proposal Staff is also available to review the project with any interested personts). Because the Manning Commission holds Me, public hearing. the City Council does not. Mnutes are taken and any comermosidence regarding the application will be included in the report to the city Council. If you Wish to have something to be Included in Me repod, please contact the Manning Staff person named on the nofiffoation-. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 20, 2016 at 7:00 p.m. This hearing may not start until later In the evening, depending on the order of the agenda. Location: Citv Hall Council Chambers, 7700 Market Blvd. To consider a variance request to build a paver patio around a Proposal: pool. Applicant: Outdoor Escapes Property 6845 Lake Harrison Circle 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 M elating: . 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.cl.chanhassen.mn.us/2016-22. If you wish to talk to someone about this project, please contact Robert Generous by email at mwalters(a).ci.chanhassen.mn.us or by phone at Questions & 952-227-1132. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEW1 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! 0 City Ravi" Procedure: • SubilMsions, Planned unit oevelopments, Site Plan Revievvii, Conditional and Interim Uses, Welland Alterations, Razonings, Comprehensivs, Ran Amendments and Code Amendments require a public heading before the Planning Commission. City ordinances require all property Within 500 feet of the subjei site to be notified of the application In writing. Any interested party is inAted to attend the Meeting. • Staff prepares a report on me subject application that Includes all pertinent information and a recommendation. nese rapores are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speals about the proposal as a part of the hearing process. The Commission Y411 close the healing 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 Planning Commission's recommendation Razontngs, land use and code amendments take a simple majority vote of the City Council except rezoningi; and land use amendments from residential lo commerdalandustMel. • lAnnessits State Statute 519.99 requires ail 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 Merson Waring to follow an item through the process should check with the Manning Department regarding its status and scheduling for the City Council meaning. • A neighborhood spkamersonlrepreserstative is encouraged to provide a contact for the city. Often developers are encouraged to met with the neighborhood regarding their propoind. Staff Is aim available to review the project with any Interested person(s). • Because the Manning Commission holds the public hearing, the City Council does not. Mnutes am taken and any correspondence r - rdi the application Wit be included In the report to the City Council. ff you wish to he" something to be included in the report. p"Wirwincontact the Mannino Staff person named on Me notification. Taxpayer Name Property Address Property City -State -Zip Taxpayer Address Taxpayer City -State -Zip SUSANNE SCHAER 2360 LAKE LUCY RD CHANHASSEN, MN 55317 2360 LAKE LUCY RD CHANH SEN,MNS5317-7561 BARBARA A MILLER TRUST 2340 LAKE LUCY RD CHANHASSEN, MN 55317 2340 LAKE LUCY RD CHANHASSEN, MN 55317-7561 STEPHEN M & HEATHER L PINT 6750 BRIENDEN CT CHANHASSEN, MN 55317 6750 BRENDEN CT CHANHASSEN, MN 55317-7570 GESTACH & PAULSON CONSTRUCTION INC MN 200 CHESTNUT ST N CHASKA, MN 55318-1920 CLEONE B FOSTER 2275 LAKE LUCY RD CHANHASSEN, MN 55317 '2275 LAKE LUCY RD CHANHASSEN, MN 55317-6706 MARY ANN OLSON TRUST AGREEMENT 2249 LAKE LUCY RD CHANHASSEN, MN 55317 2249 LAKE LUCY RD CHANHASSEN, MN 55317-6706 SETH P KNELLER 2378 HIGHOVER TRL CHANHASSEN, MN 55317 12378 HIGHOVER TRL CHANHASSEN, MN 55317-4744 - MICHAEL R ROSE 2368-HIGHOVER TRL CHANHASSEN, MN 55317 2368 HIGHOVER TRL CHANHASSEN, MN 55317-4744 MARC J84ENDY E TERRIS 2358 HIGHOVER TRL CHANHASSEN, MN 55317 2358 HIGHOVER TRL CHANHASSEN, MN 55317-4744 MICHAEL C MOORE 2353 HIGHOVER TRL :CHANHASSEN, MN 55317 �2363 2353HIGHOVERTRL CHANHASSEN, MN 55317-4744 PAUL R SANDER 2363 HIGHOVER TRL CHANHASSEN, MN 55317 HIGHOVER TRL CHANHASSEN, MN 55317-4744 GESTACH & PAULSON CONSTRUCT'ION INC 2373 HIGHOVER TRL CHANHASSEN, MN 55317 200 CHESTNUT ST N CHASKA, MN 55318-1 MICHAEL L BAKER 2383 HIGHOVER TRL CHANHASSEN, MN 55317 2383 HIGHOVER TRL CHANHASSEN, MN 55317-4749 OANH PHAM 2393 HIGHOVER TRL CHANHASSEN, MN 55317 2393 HIGHOVER TRL CHANHASSEN, M N 55317-4 744 MICHAEL E & ANNE M RYAN 6835 LAKE HARRISON CIR I CHANHASSEN, MN 55317 6835 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 BARB HEGENES 6845 LAKE HARRISON CIR CHANHASSEN, MN 55317 6845 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 RUSSELL D JAN NETTO 6855 LAKE HARRISON CIR CHANHASSEN, MN S5317 6855 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 JASON M FENSKE 6865 LAKE HARRISON CIR CHANHASSEN, MN 55317 6865 LAKE HARRISON CIR CHANHASSEN, MN 55317-4S89 IAN R ASTBURY 6875 LAKE HARRISON CIR CHANHASSEN, MN 55317 6875 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 JON G FOX 6885 LAKE HARRISON CIR CHANHASSEN, NIN 55317 6885 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 STEVEN EDWARD MUELLER 6895 LAKE HARRISON CIR CHANHASSEN, MN 55317 6895 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 ERIC R HANSON 6905 LAKE HARRISON CIR CHANHASSEN, MN 55317 6905 LAKE HARRISON OR CHANHASSEN, MN 55317-4625 SCOTT F HUSSEY 6900 LAKE HARRISON CIR CHANHASSEN, MN 55317 6900 LAKE-HARRISON CIR CHANHASSEN, MN 55317-4625 NONG TU DANG 6890 LAKE HARRISON CIR CHANHASSEN, MN 55317 6890 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 TIMOTHY P & CARLEEN ARLAND 6880 LAKE HARRISON CIR CHANHASSEN, MN 55317 6880 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 JEFFREY J ALLEN 6870 LAKE HARRISON CIR CHANHASSEN, MN 55317 6870 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 FINLAY KERR & SAMANTHA DOW 6860 LAKE HARRISON CIR CHANHASSEN, MN 55317 6860 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 40 0 4 0 0 MEMORANDUM CITYOF TO: MacKenzie Walters, Assistant Planner CIMMSENFROM: TerTy Jeffery, Water Resources Coordinator 7700 Market Boulevard DATE: October 4, 2016 PO Box 147 Chanhassen, MN 55317 RE: Planning Case 2106-22: Request for variance from hard cover requirements Administration Phone: 952.227.1100 PROJECT UNDERSTANDING Fax: 952.227.1110 Building Inspections Ile applicant is requesting to exceed allowed hardcover area for a single family residential Phone: 952.227.1180 lot by 8% or 1,459 square feet. The applicant is proposing to mitigate additional stormwater Fax: 952.227.1190 runoff through the use of a pervious paver patio system and a rain garden. The applicant has submitted a revised alternate design that uses current buffer standards (see section entitled Engineering WETLAND PROTTECTION) and meets those setbacks. It appears that the exceedance is Phone: 952.227.1160 reduced by 659 square feet to 800 square feet under this alternative. Fax: 952.227.1170 Finance SHORELAND MANAGEMENT Phone: 952.227.1140 reservoirs cannot sustain safe drinking water supplies when impervious surface exceeds 25%. Fax: 952.2271110 The property is located within the shorcland management district for Lake Harrison. State rules requires that hardcover on any lot within the shoreland district have no more than 25% Park & Recreation impervious surface coverage. There is an abundance of studies showing a correlation Phone: 952.227.1120 between shoreland development and water quality degradation. The Center for Watershed Fax: 952.227.1110 Protection summarized 225 such studies in March of 2003. Research consistently shows that Fax: 952.227.1310 there is negative impacts to water quality when impervious surface coverage exceeds 10% - Recreation Center Pervious paver systems will degrade over time as the surface becomes clogged but according 231OCoullerBouievard 0. s review concluded that surface water "managers should be very extremely cautious Phone: 952.227.1400 in setting high expectations for how much watershed treatment can mitigate impervious Fax: 952.227.1404 cover ... 11 Planning & Still other studies showed that areas were surface reservoirs are used for drinking water, the Natural Resources Phone: 952.227.1130 reservoirs cannot sustain safe drinking water supplies when impervious surface exceeds 25%. Fax: 952.22T1110 Minnesota Statutes, 103F, Sections 201-227 and the statewide Shoreland Management Program were drafted with these facets of watershed science in mind. Public Works 7901 Park Place Pervious pavement has been shown to be a very effective stormwater management tool. With Phone: 952.227.1300 proper design, installation and maintenance these practices promote infiltration rates that can Fax: 952.227.1310 approach hundreds of inches per hour thereby reducing runoff and pollutant loading. Pervious paver systems will degrade over time as the surface becomes clogged but according Senior Center to the Environmental Protection Agency, will still have Phone: 952.227.1125 Fax: 952.227.1110 Wobsite www.ci.chanhassen.mn.us Chan In ass en is a Cam munity for Life -Providing for Today and Planning for Tomorrow Planning Case #2016-22 Water Resources Memo October 4, 2016 Page 2 of 4 an infiltration rate in excess of I" per hour. Care must be taken during maintenance to avoid the use of sand for winter maintenance and to vacuum and/or power wash the surface at regular intervals. In some pervious paver systems the rock within the joints will need replacement. This rock should never be derived from limestone as that breaks down and can result in clogging of the system. It is also true that lawns, compacted during construction, can behave as impervious surfaces. However, the MN Department of Natural Resources has issued guidance for the use of permeable pavement systems in shoreland areas. Within this guidance the caution; "If taken as part ofthe overall site design and used as part ofa larger stonnivater management plan, permeablepavement systems can compensatefor some ofthe impacts that other impervious surfaces have on a lot. However, they do not take the place ofnative vegetation and undisturbed soils, especially, in the Shore Impact Zone, that area which is closest to the shore and extends to haff the setback of the structures. " — Permeable Pavement Systems in Shoreland Areas, A Guide to Local Governmental Units, DNR Waters, St. Paul, MN, September 10, 2003. The DNR's final recommendation was that pervious pavement systems be used on new development where impervious coverage could be kept to 10% and the pervious Pavement system makes up the next 15% of hardcover to get to that 25%. They do not recognize it as a practice to allow for exceedance of hard cover limitations. Chanhassen has adopted several policies and practices already intended to help homeowners with the matter of hardcover. We do not count retaining walls against hard cover, we do not count swimmin pools against hardcover and we do not count wetlands or other water features against the hardcover calculations although all of these surfaces produce more runoff than natural vegetation or even lawn. Chanhassen uses hardcover and impervious surface interchangeably. This can be misleading as the allowance of permeable pavement systems is not solely a function of storm water management. In addition to it being a storinwater issue, there is the question of green space. How much is enough? It is conceivable that one could make the entire property pervious through the use of a pervious pavement system. However, the site would still have 100% hardcover. WETLAND PROTECTION When Lake Harrison was developed, there were several wetland impacts. Much of the mitigation for these impacts was completed on-site. Mitigation areas M6 and M7 are located behind Lots I — 4 of Block 2. As part of this mitigation, a 20 foot buffer was created. This buffer was not only required by code but is part of the mitigation for the impacts. At the time of the development, the setback was 40 feet from the buffer regardless of if the structure was considered primary or secondary. Under these rules, the entire pool and the majority of the patio are within the setback area and are not allowed. Planning Case #2016-22 Water Resources Memo October 4, 2016 Page 3 of 4 Section 20-411 of current code allows for the adoption of existing buffer standards. This would require the creation of a 25 foot permanent buffer strip vegetated with all native species. The monuments would need to be placed at the buffer and the new buffer and setbacks would need to be recorded. The setbacks would then be 30 feet for the primary structure and 15 feet for any secondary structures such as a pool and patio. Under this scenario, the wall could not be within the buffer and the pool and patio would need to be at least 40 feet total from the wetland boundary. Even if this method was selected, under the original proposal, the majority of the pool and a significant portion of the patio are still within the setback and would not be an allowed use. In t Even with the revised buffers, the applicant will still need to comply with the requirements of other agencies with legal jurisdiction in Chanhassen. Riley Purgatory Bluff Creek Watershed District has buffer rules which are, in many cases stricter than Chanhassen's. The applicant will need to meet their buffer requirements as well. Figure 2 Buffer and Setback Based Upon Plat. No strUctures Could be placed outside ofgreen setback line Given the guidance provided by the DNR, the condition of Riley Creek, the anti -degradation requirements of the City's NPDES Municipal Separate Storm Sewer Permit, and the question of aesthetics, I recommend denial of the variance request. In the event this recommendation is not followed, the following conditions should be applied to any approval. Planning Case #2016-22 Water Resources Memo October 4, 2016 Page 4 of 4 I . Site specific infiltration data, at the proposed infiltration surface elevation must be provided. 2. The applicant must demonstrate that there will be a minimum separation to ground water of three (3) feet or more where the pervious pavement will be emplo 3. Hydrologic and hydraulic calculations must be provided and demonstrate that the permeable paver system and rain garden not only mitigates for the proposed increase, but can accommodate tributary drainage areas directed to them for the design storm. 4. The design of the permeable pavement system shall follow MN Stormwater Manual guidelines unless manufacturer specifications expressly recommend against those guidelines. This includes the typical cross-section. 5. Construction practices to be employed to avoid compaction of the subsurface including ripping the in situ soils to a minimum depth of 12 inches. 6. The design of the rain garden shall follow MN Storrawater Manual guidelines. 7. A maintenance and operations manual describing anticipated inspections, annual maintenance, responsible parties and annual reporting forms. 8. A detailed erosion prevention and sediment control plan shall be submitted to the city for review and approval. 9. The applicant must apply for and obtain permissions from Riley Purgatory Bluff Creek Watershed District and any other agency with legal jurisdiction over the site. 10. The site must comply with today's buffer standards. A buffer, minimum 25 feet in width must be established with 100% native vegetation, clearly indicated on the plan set, demarcated with signage, and recorded with the property. 11. All structures must be located outside of the secondary setback assuming buffers updated to current wetland protection requirements. 0 0 From: Mark Hauri fmailto:mhauri@outdoorexcapes.com Sent: Monday, October 3, 2016 5:55 PIM To: Walters, MacKenzie <MWalters(d)ci.chanhassen.mn.us> Subject: Hegenes Revision McKenzie, I've been frantically working away on this. Here is what we are proposing for our Appeal meeting. Our Major Revisions Are: 1. We will take advantage of the ordinance to create a 25'Wetland Setback and then only a 15' additional setback which the pool will now clear. 2. 800 ft2 of Permeable pavers and the bar area for a total of 29.2% hardcover I'm still working on detailing up the complete project, but this is what we want to do. Sincerely, Mark Hauri Landscape Designer Outdoor Excapes Cell 1 651.503.6585 Email mhauriCcDoutdoorexcapes.com Web www.outdoorexcapes.com Outdoor Excapes 1 2345 Daniels Street I Long Lake, MN 55356 �f�FL Z L9 LIESS NW'N3SSVHNVH) MUD NOSIHHVH A F11-1 iArOdd S3N3S)3H 98 va 6d 0 Date: September 23, 2016 GfrVOKHANHASSEN RECEIVED SEP 1) 0 2016 10T,= Mark Hauri Landscape Design with Outdoor Excapes Acting on behalf of Barb Hegenes at property address: 6845 Lake Harrison Circle Chanhassen, MN 55317 PID 254170140 RE: LETTER TO APPEAL DENIAL OF VARIANCE IN CASE #2016-22 Ej I am acting on behalf of my client Barb Hegenes to request and appeal of the denial of our variance request, Case #2016-22, by the City Planning Commission on Tuesday, September 20, 2016. We would like have our appeal heard at the City Council meeting on October 10, 2016. Sincerely, Mark A Hauri Landscape Designer Outdoor Excapes mhauri@outdoorexcapes.com 651-503-6585 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) 11,04 0 1J Barb Hegenes appeal of Chanhassen Planning Commission's denial of a variance to allow hardcover to exceed 25 percent by 8.14 percent, allow a detached accessory structure to exceed the rear lot coverage limit of 30 percent by 4.5 percent, and allow a 15 -foot reduction in the wetland buffer setback on property zoned Smgle-Farnily Residential District (RSF)-Planning Case 2016-22. On October 4, 2016 staff received revised proposal from Barb Hegenes requesting a hardcover variance of 4.2 percent. On October 10, 2016, the Chanhassen City Council met at its regularly scheduled meeting to consider the appeal. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 2, Block 2, Lake Harrison 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 die variances are consistent with the comprehensive plan. Finding: The subject site is zoned Single -Family Residential District. The purpose of the request is to provide an area for family recreation in the rear yard. While this type of use is in harmony with the intent of the RSF District, permitting a pool area of this size is not in harmony with the intent of the district's coverage requirements, both as they pertain to stormwater management and the aesthetics of the neighborhood. No other property in the neighborhood has been allowed to exceed the RSF District's hard cover limit. The property currently has decks which allow for the use and enjoyment of the rear yard, and does not require the proposed pool area to allow the utilization of the rear yard. The property is also located within Lake Harrison's shoreland management district. Permitting properties within the shoreland management district to have impervious of f 4 0 0 surface in excess of 25 percent is not in harmony with shoreland management district's goal of protecting and preserving water quality. 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 die 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 property currently complies with the City Code. The owner has options within the code for creating a rear yard family area including expanding the existing decks, constructing a detached deck in the rear yard, building a pergola, and other similar structures that would not increase the lot's hardcover. Historically, a permit to build a pool was issued for this property without any variance being requested or granted. Requesting an additional 759.25 sq. ft. of impervious surface to construct a pool area is not a practical difficulty in meeting the City Code. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent is to create a family oriented pool area in the rear yard. Although the proposed pool area would increase the property's value, the request does not appear to be based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: When the house was built all of the existing regulations regarding impervious surfaces and lot coverage were in place. The lot is larger than the minimum lot size required in the RSF district. The inability to increase the amount of impervious surface is due to the fact that the house and driveway were designed and built to cover 24.77 percent of the lot, not due to any unique feature of the lot. The inability to construct the proposed accessory structure is the result of its proposed design. e. The variance, if granted, will not alter the essential character of the locality. Finding: The house immediately north has a pool and many other properties in the neighborhood have recreational areas in their rear yards. Due to the location of the proposed pool area, house placement, and proposed screening the project's impact on the neighborhoods will be minimal. 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 #2016-22, dated September 20,2016, prepared by MacKenzie Walters, is incorporated herem. ,C e d E DECISION 0 "The Chanhassen City Council denies the variance request to allow a 4.2 percent hardcover variance." ADOVFED by the City Council this I& day of October, 2016. CITY OF CHANHASSEN 11.3m Chairman 4 ( 0 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Barb Hegenes appeal of Chanhassen Planning Commission's denial of a variance to allow hardcover to exceed 25 percent by 8.14 percent, allow a detached accessory structure to exceed the rear lot coverage limit of 30 percent by 4.5 percent, and allow a 15 -foot reduction in the wefland buffer setback on property zoned Single -Family Residential District (RSF)-Planning Case 2016-22. On October 4, 2016 staff received revised proposal from Barb Hegenes requesting a hardcover variance of 4.2 percent On October 10, 2016, the Chanhassen City Council met at its regularly scheduled meeting to consider the appeal. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 2, Block 2, Lake Harrison 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 subject site is zoned Single -Family Residential District. The purpose of the request is to provide an area for family recreation in the rear yard. This use is in harmony with the intent of the RSF District. The proposed paver patio system will mitigate the runoff generated by the properties increased hardcover. By allowing for improved infiltration this system will reduce the property's stormwater to a level that is in harmony with the intent of the 25 percent lot coverage limit. 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 0 0 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: Given the existing house configuration the applicant could not install a reasonable pool area without exceeding the zoning code's hardcover restrictions. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent is to create a family oriented pool area in the rear yard. Although the proposed pool area would increase the property's value, the request does not appear to be based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: Market trends at the time of the house's construction favored large houses with three car garages. Given the dimensions of the lot and location of the rear wetland the property simply does not have enough acreage to allow for a reasonable pool area while maintaining less than 25 percent lot coverage. c. The variance, if granted, will not alter the essential character of the locality. Finding: The house immediately north has a pool and many other properties in the neighborhood have recreational areas in their rear yards. Due to the location of the proposed pool area, house placement, and proposed screening the project's impact on the neighborhoods will be minimal. 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 #2016-22, dated September 20, 2016, prepared by MacKenzie Walters, is incorporated herein. 2 .t� 4 0 0 0 DECISION "The Chanhassen City Council approves the variance request to allow a 4.2 percent hardcover variance. The approved hardcover variance is subject to the following conditions:" I . The property's hardcover is not to exceed 29.2 percent. 2. Site specific infiltration data, at the proposed infiltration surface elevation must be provided. 3. The applicant must demonstrate that there will be a minimum separation to ground water of three (3) feet or more where the pervious pavement will be employed. 4. Hydrologic and hydraulic calculations must be provided and demonstrate that the permeable paver system and rain garden not only mitigates for the proposed increase, but can accommodate tributary drainage areas directed to them for the design storm. 5. The design of the permeable pavement system shall follow MN Stormwater Manual guidelines unless manufacturer specifications expressly recommend against those guidelines. This includes the typical cross-section. 6. Construction practices to be employed to avoid compaction of the subsurface including ripping the in situ soils to a minimum depth of 12 inches. 7. The design of the rain garden shall follow NIN Stormwater Manual guidelines. 8. A maintenance and operations manual describing anticipated inspections, annual maintenance, responsible parties and annual reporting forms must be provided. 9. A detailed erosion prevention and sediment control plan shall be submitted to the city for review and approval. 10. '[be applicant must apply for and obtain permissions from Riley Purgatory Bluff Creek Watershed District and any other agency with legal jurisdiction over the site. 11. The site must comply with today's buffer standards. A buffer, minimum 25 feet in width must be established with 100 percent native vegetation, clearly indicated on the plan set, demarcated with signage, and recorded with the property. 12. All structures must be located outside of the secondary setback assuming buffers updated to current wetland protection requirements. 13. The applicant must apply for and receive a building permit from the city. ADOPTED by the Chanhassen City Council this I& day of October, 2016. CITY OF CHANHASSEN BY: Chairman 0 11 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: � L, -,? 2, Application of Barb Hegenes for a variance to allow hardcover to exceed 25 percent by 8.14 percent, allow a detached accessory structure to exceed the rear lot coverage limit of 30 percent by 4.5 percent and allow a 15 -foot reduction in the wetland buffer setback on property zoned Single - Family Residential District (RSF)-Planning Case 2016-22. On September 20, 2016, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 2, Block 2, Lake Harrison 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 subject site is zoned Single -Family Residential District. The purpose of the request is to provide an area for family recreation in the rear yard. While this type of use is in harmony with the intent of the RSF District, permitting a pool area of this size is not in harmony with the intent of the district's coverage requirements, both as they pertain to stormwater management and the aesthetics of the neighborhood. No other property in the neighborhood has been allowed to exceed the RSF District's hard cover limit or the restrictions on the amount of the rear yard which may be covered by an accessory structure. The property currently has decks which allow for the use and enjoyment of the rear yard, and does not require the proposed pool area to allow the utilization of the rear yard. The property is also located within Lake Harrison's shoreland management district. Permitting properties within the shoreland management district to have impervious 0 0 surface in excess of 25 percent is not in harmony with shoreland management district's goal of protecting and preserving water quality. Allowing an accessory structure within the required wetland setback is not in harmony with the ordinance's goal of protecting wetland buffers by ensuring a minimum distance between yard features and the start of the buffer. 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 property currently complies with the City Code. The owner has options within the code for creating a rear yard family area including expanding the existing decks, constructing a detached deck in the rear yard, building a pergola, and other similar structures that would not increase the lot's hardcover. Historically, a permit to build a pool was issued for this property without any variance being requested or granted. Requesting an additional 1,459.25 sq. ft. of impervious surface to construct a pool area is not a practical difficulty in meeting the City Code. Requesting to encroach into the required wetland setback is also not the result of a practical difficultly in meeting the City Code. The rear yard is large enough that a functional family area could be created while maintaining the required wetland buffer setback. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent is to create a family oriented pool area in the rear yard. Although the proposed pool area would increase the property's value, the request does not appear to based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: When the house was built all of the existing regulations regarding impervious surfaces and lot coverage were in place. The lot is larger than the minimum lot size required in the RSF district. The inability to increase the amount of impervious surface is due to the fact that the house and driveway were designed and built to cover 24.77 percent of the lot, not due to any unique feature of the lot. The inability to construct the proposed accessory structure is the result of its proposed design. The wetland buffer setback does limit the amount of developable rear yard; however, the Block 2 of the subdivision was granted a 5-finot front yard setback variance which mitigates its impact. The house was situated on the property in order to allow for a viable rear yard given the wetland setbacks that were in place at the time of construction. Section 20-411 (e) allows for an increase in the usable rear yard in exchange for improved 0 0 wctland buffers. Accessory structures can be built in the rear yard that conform to the required setback or the setback which could be achieved through Section 20-411 (e). e. The variance, if granted, will not alter the essential character of the locality. Finding: Currently no property in the neighborhood has been allowed to exceed the RSF district's impervious surface, lot coverage, and wetland setbacks. Allowing a property to cover a large portion of their rear yard with paver patios would significantly alter the visual impact and character of the neighborhood. 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 #2016-22, dated September 20,2016, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments denies the variance request to allow hardcover to exceed 25 percent by 8.14 percent, allow a detached accessory structure to exceed the rear lot coverage limit of 30 percent by 4.5 percent, and allow a 15 -foot reduction in the wetland setback." ADOPTED by the Chanhassen Planning Commission this 20'b day of September, 2016. CITY OF CHANHASSEN RN Chairman 0 0 1 Lo - ZZ, CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 20,2016 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, John Tietz, Maryam Yusuf, Nancy Madsen, Steve Weick, and Mark Randall MEMBERS ABSENT: Mark Undcstad STAFF PRESENT: Kate Aanenson, Community Development Director; Alyson Fauske, Assistant City Engineer; MacKenzie Walters, Planner; and Roger Knutson, City Attorney PUBLIC PRESENT: Lynne Etling Elizabeth Kressler Jenn Singer Shirley McGee Terry O'Toole Wendy & Craig O'Connor Kim & Dan Obermeyer Melanie Mertes Tim & Shamus McNeill Jim Wagle Jeff & Kristi Strang Denise Choiniere Pat Mazural, Bremer Trust 7681 Century Boulevard 1750 Valley Ridge Trail North 8470 Pelican Court 1950 Andrew Court 8418 Burlwood 1702 Valley Ridge Trail North 1540 Heron Drive 8671 Flamingo Drive 1824 Valley Ridge Trail South 8411 Egret Court 1701 Valley Ridge Trail South 9481 Bittern Court 9501 Virginia Avenue South, Bloomington PUBLIC HEARING: 6845 LAKE HARRISON CIRCLE: VARIANCE REQUEST TO BUILD A PAVER PATIO AROUND A POOL AT PROPERTY LOCATED AT 6845 LAKE HARRISON CIRCLE. Aanenson: Commission Chair before we start can we just verify the applicant's here? I'm not sure if they are here. Aller: The applicants are present. Aanenson: Sorry. We tried to save you a spot up front. I'm sorry, we'll proceed. 0 0 Chanhassen Planning Commission — September 20, 2016 Walters: Alright, this is a staff report for planning case 16-22. The 6845 Lake Harrison Circle variance. The applicant has requested a variance to allow a pool area to be constructed in their rear yard. The pool area would involve a 1,500 square foot paver patio with permeable pavers around a proposed 40 by 18 pool. The property is located in the Lake Harrison subdivision. Lot 2, Block 2. It is zoned residential single family. The variances involves several different aspects of the zoning code. The residential single family zoning code has a 25 percent lot coverage maximum. This area is also within Harrison Lake's 1,000 foot shoreland management district which is a zoning overlay that also has the 25 percent impervious coverage limit, The City also has a blanket provision for all low density residential that limits detached rear accessory structures to a maximum of 30 percent rear lot coverage and there is a Manage I wedand to the rear of the property which with the current subdivision has a 20 -foot buffer and a 40 foot building setback. A little bit of history on the parcel is currently it has constructed a single family house. It's zoned for residential single family as I mentioned. All of Lot 2 has a blanket 5 -foot front yard setback variance and in 2009 the house had a deck constructed on the back. In 2011 the deck was expanded by another 320 square feet and in 2013 the original homeowner did apply for a pool. The permit was approved but they ended up withdrawing the project. Currently the applicant has applied, the new homeowner has applied for the aforementioned 1,500 square foot paver patio around a pool area. In order to accommodate this, it would require a 1,459 1/4square foot variance on the lot's hard cover maximum. That's an 8.14 percent increase. They would also require a 269 1/2square foot variance on the detached rear yard coverage for an accessory structure. That'd be a 4.5 percent increase and it would also require a 15 -foot setback from the wetlands area. The applicant proposes to mitigate the increased hard cover through use of a permeable paver system, This system would be engineered to have 2 V2 feet of 3/4inch clear rock and 1 -inch granite chips below. The system would be designed to allow storm water to infiltrate in and would have a release valve for when it exceeded capacity. They are proposing a 2 -foot -deep rain garden in the southwest comer of the property and a retaining wall that starts at 5 feet and tapers down to 2 feet as it runs southwest to direct any runoff into the rain garden. They believe that this will significantly improve on the site's current infiltration and they're also proposing to place signs to delineate the boundary of the wedand. When staff evaluated this proposal there were several concerns with the proposed mitigation for impervious surface. The Water Resources Coordinator indicated that it is not generally accepted practice from the DNR to allow permeable paver systems to exceed the 25 percent hard cover cap for the shoreland areas. The big reason for that is concerns about their efficacy over time. Essentially like any system as they age their effectiveness decreases. Permeable paver systems require a large amount of maintenance in order to function at optimum capacity. The City does not currently have any provisions in place for monitoring the maintenance or enforcing the maintenance of these structures. With a pervious paver system of this size if as little as 2.7 percent of it became impaired due to dirt clogage, age, other problems it would be the equivalent of allowing over 25 percent with standard hard cover so there's a very narrow margin of operability. The other concern we have relies around the fact that the hard cover provisions for single family districts are not only concerned with water infiltration. It is also a matter of viewscaping. The reason why the words lot coverage is used is because the main goal is to insure a large amount of green space in our residential neighborhoods. This is also reinforced by 2 0 0 Chanhassen Planning Commission — September 20, 2016 the provision which limits detached accessory structures to a maximum of 30 percent real lot coverage. In this case the proposed patio would exceed both the lot coverage Emit for the entire lot and the real lots coverage percentage by a substantial margin. We are concerned with the precedent this would set in terms of the ability to cover backyards with extensive patios and alter the fundamental views of the neighborhood. It should also be noted that, the next concern involves the wetland setback. The depiction you see on the screen above you is the current welland. The purple line indicates the existing 20 -foot wetland buffer and the green line shows the current 40 -foot setback from that buffer. Under the ordinance that currently governs this parcel no structure is allowed past the green line. If you would switch to the next slide please. The applicant does have the option to use a clause in Chapter 20, Section 41 1E which allows them to upgrade the buffer to be in line with current zoning standards. This would be in this case a 25 -foot buffer with a 15 -foot setback. The picture on the right, the green line shows where the adjusted setback would be for accessory structures. The slide on the left by contrast show, the green line indicates the current structure setback. As you can see in both cases the proposed paver patio and pool area encroaches substantially into the existing buffer and that is the reason, I'm sorry existing setback and that is the reason why a 15 -foot wetland setback variance would be required to accommodate the proposal. Again it would be possible to design a pool that is in line with the setback requirements as well as in fine with the rear yard lot coverage requirements. This is an overview of the Lake Harrison subdivision. When staff looked through the building files for properties throughout it we discovered that a large number of properties were built in a very similar configuration to this house. Approximately 18,000 square foot lots that have lot coverage in excess of 24 percent as -built. In short a decision was made by the developer to build rather large houses on lots that are about average for Chanhassen. This resulted in not many options for increasing impervious surface coverage but it does allow for decks and other things that do not count as impervious surface to be built in the year yards. Going through the files we could find no variances on record for any property within the subdivision excepting the blanket 5 -foot front yard setback variance for all houses in Block 2. In summary the house is zoned for residential single family and currently accommodates that use. There are numerous activities that could be done and developed in the back yard within line of code and because of that and concerns with the implication on viewscape, the wetland setback and stormwatcr infiltration staff recommends the following motion to deny the variance request. If you have any questions, I'd be happy to take them at this time. Aller: Any questions from the commissioners at this point? Weick: Is the pool considered an accessory structure? Walters: The pool is classified as an accessory structure under our ordinance. However, we have by policy not included pools in hard cover calculations so the 1,500 square feet that I mentioned does not include the 40 by 18 -foot pool area. Only the paver patio apron around said pool. Weick: Got it, thank you. M 0 0 Chanhassen Planning Commission — September 20, 2016 Walters: Yep. Aller: So from your answer my understanding is that the pool is fine. It's the pavers around it. Walters: I can say that depending on how designed, as I mentioned in the history in 2013 the original home builder applied for a pool. He was, the permit was approved. My understanding from the records is that there was a deal where he was going to remove some of the impervious surface from the driveway in order to accommodate a small pool apron and then he was going to use I believe decking for the rest of the pool area but it is possible to put a pool in that back yard under the code yes. Aller: Any additional questions at this point? Okay, if the applicant wishes to come forward they can make a presentation at this time. Barb Hegenes: Good evening: I'm Barb Hegenes, 6845 Lake Harrison Circle in Chanhassen. Aller: Good evening and welcome. Barb Hegenes: Pardon? Aller: Good evening and welcome. Barb Hcgenes: Oh, you're not loud enough. My son and I have been kind of a part of the Chanhassen community for the last 15 years and we haven't lived in Chanhassen but we always wanted to and now he'll be going to Chanhassen High School. We finally had the opportunity in April to move into the city of Chanhassen. All of our friends and many of our family live here so when we found the house, originally we looked for a house with a pool because this is kind of a big project to undertake but when I bought the house the owner had said that he had already gotten the City's approval and so it wouldn't be a big deal to put a pool in so I contacted Mark Hauri with Outdoor Escapes and learned that he had put in several of the pools and done the landscaping in our neighborhood. There's 3 or 4 other pools in our neighborhood so I didn't anticipate that it would really be a huge issue to put the pool in as we now know it's become kind of complicated but Mark and I have been working all summer. Actually since the beginning of May to try to make this happen so I'm going to turn it over to Mark now and let him give you the gritty details. Aller: Great, thank you. Mark Hauri: Thanks for hearing us. My name's Mark Hauri with Outdoor Escapes so I'm a landscape designer that's worked with Barb and her team to go through the engineering of this. I've also worked with the, had a couple meetings with the Riley -Purgatory Watershed. I showed them the plans. Reviewed it with them and they were actually onboard with what we were doing 4 0 0 Chanhassen Planning Commission — September 20, 2016 and made the comment that we wish more people would do things like you do and be forward thinking in this so anyways we want to come before you and you know present what we have. We'd really like to get the pool in for Barb so I do actually have some pictures of the lot I could hand out to people. I don't know if that helps you at all or. Aller: That's fine. Mark Hauri: Is that okay? Aller: Yep. Mark Hauri: And so I've got pictures and then also kind of a little sketch. There we go. Oh that's cool. So this is kind of what we're proposing to do. It's a little bit dark. Right now, put it back. Right now the lot itself, everything from the front yard, rear comer of the house and everything in back drains right to the watershed that's in back. Drains directly to it so one of our main focuses was just the ecology of the wedand and instead of having this water just run off the sod right into the wedand we decided that one of the best options, not only for the pool but just to help the ecology of the wetland would actually be to pick this back grade up. Actually build a wall kind of right along this back to alleviate the water runoff that's coming from the house, that doesn't have any gutters. From the front yard and from the back that runs right into the wetland so our big thing right now, number one is actually building this wall to actually pick up the grade and that would be on the house side of that setback line. That allows us to flatten out the whole yard and now we can actually do this permeable paver structure. We've engineered 2 V2feet of rock based on the soil tests out there. We could actually go deeper if we want more holding capacity and then our overflow pipe will go to a rain garden on this wet side so really now everything running off, everything coming off the roof, everything off that pool deck will infiltrate in the permeable pavers and any overflow will go into a 2 -foot -deep rain garden before anything will come over the wall to the wetland. It's a really tight lot. I mean as they presented. It's actually a really difficult lot to work anything in the back yard and I know we're asking for a little bit more than normal but again I actually had gone to the Purgatory, or Riley -Purgatory Watershed and talked with them about it and they felt comfortable with what we are doing too so that led us to the variance process and here we are today. So if anybody has questions. Aller: Questions at this point. Did you have the calculations on exactly how much water will be held? Mark Hauri: I don't have true water calculations. What will be held. I mean that's something we want to do once we excavate down. We're actually going to do soil bores. We're going to have 12 sod bores all the way around to determine every point that we're going to have water in so it will be a little bit easier to calculate at that point because then we can actually calculate correct infiltration rates. Aller: Is there a architectural reason why we can't put in the pool without the pavers? 0 0 Chanhassen Planning Commission — September 20, 2016 Mark Hauri: Well the pavers, you know it's really the deck you know for chairs. Things like that. We could acmally put a pool in, in theory. Do some coping around the outside and then sod it. You know we still want to pick the yard up. We still need to flatten out that yard so that wall needs to go in. The pavers, the permeable system will allow more infiltration quicker than the sod will itself Plus, we'll have more holding capacity with that top 2 1/2feet of rock. So the pavers do provide, the permeable pavers do provide a better infiltration of that water as opposed to sod. I know one of their concerns was you know if everything clogs up, If there's a couple percentage points that this won't drain as well as when it's new and I understand that. That's one big question that every city, every government raises about permeable pavers. This is a little bit different because it's in a back yard environment so we're not going to be plowing this. It won't be exposed to salt and sand. The minute the snow hits it, it just stays that way so as opposed to a driveway, a front sidewalk, a street, it's not going to see the sand. It's not going to see the salt and that's the main reason for these to clog up. So my concern about this system clogging up and plugging up over many years is, to me it's not even a minor concern just because of it being in the back yard and not exposed to any winter salting or sanding. Aller: Is there a reason you're tied to the size of the pool? Is there a way to restructure the pool size so that you can fall within the maximums that are set out now in the zoning? Mark Hauri: It would be virtually impossible to get a pool in to fit. We have talked about doing a little smaller pool, 36 by 18. We have talked about the potential for changing the angle a little bit of the pool. Maybe taking a little bit more off the back side, kind of that long run right above the boulder wall. You know there's probably a good 150-160 square that could be taken off there. Changing the angle of the pool a little bit would help. That could take off a couple hundred square but in general with this permeable system you know we might still be looking about 1,200 to 1,300 square feet of the back yard with this permeable system. Aller: Is the permeable system required? Mark Hauri: The permeable system isn't required but just to be good stewards to the land, what we don't want to do is put a concrete surface in that has no infiltration and that we just shed water off to the edges and then try to collect it with drain tile and run it into a drain rain garden. A rain garden would just be overwhelmed with the amount of volume. The permeable system allows that water, we can capture that water and have it fill up and actually infiltrate down even after the rain storm so that's why we went with permeable pavers right off the get go because we wanted to mitigate any runoff that we had. Really let everything soak in and once everything comes down that side hill it's actually going to be directed right to the pavers so again that runoff can hit our hard surface. The permeable pavers. Get into our drain field and anything that overflows then the rain garden can maybe handle that overflow. But it has a tremendous capacity. I mean it would have to fill up 2 feet to hit that overflow valve and that's a tremendous capacity so. The permeable pavers we thought about it right away just because we just felt we ri 9 0 Chanhassen Planning Commission — September 20, 2016 were being much better stewards to the land going that route than just a straight concrete pool deck. Aller: What's the capacity of the rain garden itself? If you had a rain garden in there with no pavers. Mark Hauri: If we had a rain garden with no pavers, what we would actually do is we would engineer that rain garden and make it probably about 4 times the size so basically this whole, this whole comer right down here, we would actually create a larger rain garden. Maybe have a 3 foot deep. Maybe actually do some soil correction. Put 3 feet of rock in there. Some sand and then have a 2 1/2- 3 -foot depression too so kind of doing the same thing as a permeable pavers but we would have a rock retention area and then the rain garden up above that to just maximize the amount of water we could get into an area that was you know probably 20 by 30ish. Something like that. 20 by 40. Aller: Ahight, thank you. Based on my questions anybody have any additional? Tietz: Andrew, yeah. Aller: Commissioner Tietz. Tietz: The excavation for the pool itself Mark Hauri: Yes. Tietz: You said that you haven't done any soil bores but you, do you know the consistency of that soil? Is that going to be soil that you can use behind your boulder wall to build up or is it, because it's getting pretty close to a wedand. Mark Hauri: Yeah we're actually going to take all that soil off site. Tietz: Off site. Mark Hauri: Yep it actually, we did 4 tests and it actually drains very well. We did 2 kind of what I would consider on the back side of the pool. Between the pool and the wall and we did one kind of where the lounge chairs are and one kind of by the deck and it is pretty good draining soil. We are still going to excavate that soil and actually bring it completely off site and everything that when we build that wall we're actually going to use granular fill in back of that wall again which is going to be a porous rock. We're not going to use a Class V or recycled. So really everything from the edge of that pool to the boulder wall will still have a permeable system below it. Above that wall we're going to do a big hedge of box woods so we will have a planter that's maybe 3 feet wide by about 2 feet deep of nice black dirt that we'll be bringing in 7 0 0 Chanhassen Planning Commission — September 20, 2016 but everything that we excavate out at that, you know basically it's about a 3 -foot depth, we'll be bringing that material off site. Tietz: Thank you. Mark Hauri: Yep. Aller: Additional questions? Alrigbt, thank you very much. Mark Hauri: Okay, thank you. Aller: Okay at this point in time I will open the public hearing portion of this item. Anyone present wishing to speak either for or against the item or comment on the application may do so at this time. Seeing no one come forward I'll close the public hearing and open it up for questions, commen s and concerns of the commissioners. Tietz: I think they should be applauded for the work on the permeable pavers and the depth but I think the, you know the amount of surface area that's encroaching upon the wetland is pretty significant. It's over 1,400 square feet so to mitigate that I don't think the permeable pavers really do that and it's really setting precedent. Aller: Let me ask you a quick question. How is the City and the planning department, how have we dealt with pervious pavers before in the calculations? Walters: Yeah so I'm not kidding when every week I do get a call from builder asking how we deal with permeable pavers. I got one Monday actually. The answer has always been the City of Chanhassen's policy is we treat them as hard cover. We don't allow credits and we consider them to be the same as concrete. That's largely due to the maintenance concerns. I do believe there's one commercial development that was allowed to use permeable pavers. Kate could probably talk a lot more about the conditions that were placed to make the City comfortable with that but residential has never been allowed. Allcr: And I ask the question I've never seen it used and even with sport courts I know that we haven't allowed it so any additional comments or questions? None? Alright, IT entertain a motion if anyone has one or would like to bring one. Yusuf. I'll make it. Aller: Okay. Yusuf The Chanhassen Board of Appeals and Adjustments denies the variance request to allow hard cover to exceed 25 percent by 8.14 percent, allow a detached accessory structure to exceed 0 0 Chanhassen Planning Commission — September 20, 2016 the rear lot coverage in the amount of 30 percent by 4.5 percent and allow a 15 -foot reduction in the wetland setback and adopts the Findings of Fact and Decision. Aller: Having a motion by Commissioner Yusuf Do I have a second? Madsen: Second. Aller: Commissioner Madsen seconds the motion. Any finiher discussion? Yusuf moved, Madsen seconded that the Chanhassen Board of Appeals and Adjustments denies the variance request to allow hard cover to exceed 25 percent by 8.14 percent, allow a detached accessory structure to exceed the rear lot coverage in the amount of 30 percent by 4.5 percent and allow a 15 -foot reduction in the wetland setback and adopts the Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Aller: So the motion carries. The variance is denied. If you wish to appeal that variance you should do so in writing with the City and the follow up date on that matter before the City Council would again be October 10, 2016. Okay. PUBLIC HEARING: PAISLEY PARK MUSEUM — REQUEST TO REZONE PROPERTY LOCATED AT 7801 AUDUBON ROAD FROM INDUSTRIAL OFFICE PARK (IOP) TO PLANNED UNIT DEVELOPMENT IOP TO FACILITATE THE USE OF THE BUILDING AS A MUSEUM. Aanenson: Thank you Chair, members of the Planning Commission. This request is for a rezoning. There are some other things that go along with the rezoning but the legislative action is to rezone. The property is located at 7801 Audubon Road and the, as stated in the staff report the Bremer Trust is requesting through the special administration or the estate of Prince Roger Nelson to request a use for a museum. The location again is 7801 Audubon Road is located right off of Highway 5 and also access by Audubon Drive or excuse me Audubon Road which is also a collector street. In looking at the request the access again, two streets and that site is 9 acres and the building, existing building footprint is 46,150 square feet and I'll get in a little bit more detail on that in a minute. So the site is guided office industrial and that's what we're, that's the underlying zoning district that will be going with is also industrial. Everything around this property is industrial and this is taken from our land use map. The property shown with the star on it here, this is the property. The City's public works is just behind that property and so the request again for the museum is just for this subject site itself and it's just a rezoning at this time. In looking at the applicant's request for the site and how they see it being used, there's no interior remodeling at this time. I know I've given you emails and there's 3 more that I handed out tonight that will become part of the record. There were emails that were attached to that. Similar questions asked about why wasn't this treated like some other buildings we've done in 0 0 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized NOTICE OF PUBLIC agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- HEARING lager and has full knowledge of the facts herein stated as follows: PLANNING CASE NO. 2016-22 NOTICE IS HEREBY GIVEN (A) These newspapers have complied with the requirenients constituting qualification as a legal that the Chanhassen Planning Commission will hold a public newspaper, as provided by Minnesota Statute 33 1 A.02, 33 1 A.07, and other applicable laws, as hearing on Tuesday, September amended. 20,2016 at 7:00 p.m. in the Council Chambers in Chanhassen City (B) ne printed public notice that is attached to this Affidavit and identified as No. 10yo Hall, 7700 Market Blvd. The was published on the date or dates and in the newspaper stated in the attached Notice and said purpose of this hearing is to Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of consider a variance request to the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both build a paver patio around a inclusive, and is hereby acknowledged as being the kind and size of P used in the com sition pool at property located at 6845 yPe P0 Lake Harrison Circle - Lot 2, and publication of the Notice: Block 2 Lake Harrison. Applicant: Outdoor Escapes Owner: Barb abcdefghijklinn Hegenes. A plan showing the location of the proposal is available for public review on the City's By;�Lauru:A Harbnann web site at wwwei-chanhassen. mn.us/2016-22 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing Subscribed and sworn before me on and express their opinions with respect to this proposal. MacKemie Walters, fl� Assistant Planner this =day 174,2&��2016 Emil: mwalters@ ci.chanhassen-nin.us Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday, September JYMME JEANNETTE BARK 8.20M No. 4333) NTARYPLB[JC-M*N.NESOTA bIlic WYCOW.WSIONDPRE901,1311'a RATE INFORMATION Lowest classified rate paid by commercial users for comparable space .... $31.20 per column inch Maximum rate allowed by law for the above matter ...... ......................... $31.20 per column inch Rate actually charged for the above matter .............................................. $12-59 per column inch SCANNED 0 CITY OF CHANHASSEN PC DATS September 20,2016 CC DATE: October 10, 2016 REVIEW DEADLINE: September 8,2016 CASE #: 2016-22 BY: MW, TJ "The Chanhassen Board of Appeals and Adjustments denies the variance request to allow hardcover to exceed 25 percent by 8.14 percent, allow a detached accessory structure to exceed the rear lot coverage limit of 30 percent by 4.5 percent, and allow a 15 -foot reduction in the wetland setback, and adopts the attached Findings of Fact and Decision." (Note: a motion for approval and appropriate findings of fact are also included at the end of the report.) SUMMARY OF REQUEST: The property owner is requesting a variance to add a 1,500 - square foot permeable paver system around a proposed 40 -foot x 18 -foot pool in their rear yard. The Zoning Code allows this property to have a maximum hardcover of 4,481.75 square feet and the property currently has 4,441 square feet of hardcover. Additionally, the proposed pool area would cover 34.5 percent of the rear yard and encroach 15 feet into the rear yard's wetland setback. LOCATION: 6845 Lake Harrison Circle (PID 254170140) APPLICANT: Barb Hegenes 6845 Lake Harrison Circle Chanhassen, MN 55317 PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: .41 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Planning Commission 0 0 6845 Lake Harrison Circle — Planning Case 2016-22 September 20, 2016 Page 2 of 9 Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAUSUMMARY The property owner is requesting a variance to install a pool area in her rear yard. This pool area would include a 1,500 -square foot paver patio system, 40 -loot x 18 -foot pool, a bar, and a fire pit. 'Me proposed patio system would exceed the property's hardcover limit of 4,481.75 square feet (25 percent) by 1,459.25 square feet (8.14 percent). The City Code does not exempt permeable paver systems from hardcover calculations. The applicant plans to mitigate the proposed pool area's impact on the watershed by: 1) Building a 5 -foot boulder retaining wall which will tapper down to 2 feet at the southwest comer in the rear of the property outside of the existing 20 -foot wetland buffer. The wall will help flatten the backyard. 2) Creating a rain garden in the southwest comer of the lot to mitigate and allow infiltration of the existing watershed coming down the south and west side of the yard. 3) Utilizing a permeable paver system that can capture and allow the infiltration of run off. The proposed paver system would include two and a half feet of 1/4" clear rock and I" granite chips below the pavers. This retention area would capture the watershed from the north side of the house, part of the roof, and approximately two thirds of runoff generated by the back yard. The remaining run off would be directed into the two -foot -deep rain garden in the southwest comer of the lot. The rain garden will also handle any overflow from the permeable paver system through a release pipe installed below the pavers. This system may substantially reduce the watershed into the adjacent wetlands; however, it will also cover 34.5 percent of the rear yard and encroach 15 feet into the rear yard's wetland setback. APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article 11, Division 3, Variances Chapter 20, Article X1. Welland Protection Section 20-411. Placement of Structures Chapter 20, Article, XL Welland Protection Section 20-412. Buffer Strips Required Chapter 20, Article XII. "RSF" Single-family residential district Section 20-615, Lot requirements and setbacks. Chapter 20, Article, XXIIL General Supplemental Regulations Section 20-904. Accessory Structures. Planning Commission 0 0 6845 Lake Harrison Circle — Planning Case 2016-22 September 20, 2016 Page 3 of 9 On March 7, 2008 the City of Chanhassen approved a permit for the construction of a single family home with an attached garage. The approved house, driveway, and associated sidewalks and stoops created 4,441 square feet of hardcover on a 17,927 -square foot lot. This resulted in a lot coverage of 24.77 percent. The Single -Family Residential District section of the City Code states, "the maximum lot coverage for all structures and paved surfaces is 25 percent." At the time the City Code required a 20 -foot wetland buffer and 40 -foot structure setback from the edge of the buffer. The house was built in compliance with these provisions. On April 15, 2009 the City of Chanhassen approved a permit for the construction of 320 -square foot deck in the property's rear yard. The deck did not alter the property's hardcover. On May 19, 2011 the City of Chanhassen approved a permit for the construction of a 320 -square foot lower deck in the property's rear yard. The deck did not increase the property's hardcover. On September 18fl, 2013, the previous homeowner applied for a building permit to construct a pool in the rear yard. The permit was approved pending the removal of an amount of driveway surface equal to the amount of impervious pool apron to be installed and the use of wood decking to minimize the size of the impervious apron. The owner ultimately decided not to proceed with the project. The property is zoned Single -Family Residential. This zoning district requires lots to be a minimum of 15,000 square feet, have front and rear yard setbacks of 30 feet, side yard setbacks of 10 feet, and limits hardcover to a maximum of 25 percent of lot area. General provisions in the City Code prevent accessory structures from covering more than 30 percent of the rear yard. The property is located within the Shoreland Management District for Lake Harrison which limits impervious surface to 25 percent of lot area. A blanket 5 -foot front yard variance for Block 2 was approved with the subdivision that created this parcel (Planning Case 2005-14). A wetland classified as Manage I lies to the east of the property and a wetland buffer encompasses the last 20 feet of the rear yard. Since this lot was created prior to May 14, 2007 there is a 40 -foot structure setback from the wetland buffer. The home owner has the option of reducing that setback by 20 feet for accessory structures if they create a buffer strip as provided in Section 411-1 I(e). See the attached letter from the Water Resources Coordinator for a more detailed discussion of the wetland setbacks that apply to this property. Planning Commission 0 0 6845 Lake Harrison Circle — Planning Case 2016-22 September 20, 2016 Page 4 of 9 The lot is 17,927 square feet and has 4,441 square feet of impervious surface resulting in 24.77 percent lot coverage. The house has a 25 -foot front yard setback, a 13.10 -foot south side yard setback, a I 0 -foot north side yard setback, and a 70 -foot rear yard setback from the rear lot line (50 -foot setback from the wetland buffer). The current deck is also setback 70 -feet from the rear yard (50 -foot setback from the wetland buffer). The existing house and accessory structures comply with all relevant provisions of the City Code. NEIGHBORHOOD Lake Harris Subdivision: Block 1: The houses located on Block I tend to be situated on larger parcels, typically half an acre or larger. Those located on Lots 2 & 4, Block I are located on smaller lots and are close to the 25 percent hardcover limit. Block 2: The four houses located on Lots 1-4, Block 2 are all either at their 25 percent maximum lot coverage or within 1.3 percent of it. Of these four houses one was required to remove installed hardcover that was in excess of the 25 percent allowed by the City Code, and another had to revise a proposed project in order to avoid exceeding the 25 percent limit. Lots 2-4, Block 2 feature relatively large houses placed on parcels of approximately 18,000 square feet. The Lot 1, Block 2 has substantially larger lot of 26,869 square feet. Those located on Lots 5-10, Block 2 tend to be smaller homes located on lots between 20,306 square feet and 26,901 square feet. Block 3: The lots that comprise Block 3 tend to be larger; however, Lots 1-4, Block 3 are smaller lots with relatively large houses and are all at or within 1.3 percent of the 25 percent hardcover limit. Variances within 500feet: Blanket Subdivision Variance: All parcels on Block 2 of the Lake Harris Subdivision have a 5 - foot front yard variance. (Planning Case 2005-14) No other variances could be found within 500 feet of 6845 Lake Harrison Circle. Hardcover issues: Two properties on Block 2 have had to either alter proposed projects or remove existing hardcover in order to comply with the zoning district's 25 percent hardcover limit. Planning Commission 0 0 6845 Lake Harrison Circle — Planning Case 2016-22 September 20, 2016 Page 5 of 9 Lake Harrison Subdivision ANALYSIS Stormwater management One of the goals of the city's hardcover ordinance is to limit and manage the amount of runoff generated by developments. The ordinance limits properties in Single Famfly Residential Districts (RSF) to a maximum lot coverage of 25 percent. The property is also located within the Lake Harrison Shoreland Management District which limits lots to a maximum of 25 percent impervious surface. As noted in the letter from the Water Resource Coordinator the 25 percent cap was established based on studies showing the link between impervious surface coverage and negative impacts on water quality. The city considers paver patios and other pervious pavement systems to constitute hardcover contributing to lot coverage. The rationale behind this determination is that the efficacy of these systems depends heavily on their design and proper maintenance. If these systems are not properly designed and maintained they rapidly lose their permeable characteristics and function the same as Planning Commission 0 0 6845 Lake Harrison Circle — Planning Case 2016-22 September 20, 2016 Page 6 of 9 traditional impervious surfaces. The city lacks a mechanism for monitoring and enforcing the maintenance of pervious paver systems. It should also be noted, again from the Water Resource Coordinator's letter, that the DNR does not recognize the use of impervious pavers to allow developments exceed the 25 percent impervious surface cap. The proposed paver patio system is engineered so that surface water will drain through the voids between pavers and into the infiltration system beneath the patio. In the event that the surface water generated by a rain event exceeds the system's infiltration capacity drain tiles are placed just beneath the pavers in order to divert the excess into the rain garden. The paver patio system will be integrated with a retaining wall, grading improvements, and the aforementioned ram garden to finther mitigate the pool area's impact on the amount of runoff generated by the property. The proposed paver patio system appears to be designed in line with best management practices. More information would be required to accurately project its efficacy. The long term viability of the system will depend on the current and potential future homeowners performing proper maintenance. Without proper maintenance the spaces between the pavers can rapidly become filled in and clogged. When this happens, those sections of the paver patio system will behave as impervious surfaces. If the functionality of 2.7 percent of the proposed paver system became impaired it would be functionally equivalent to allowing the property to exceed its hardcover limit with conventional surfaces. Due to these concerns, most cominunities either count paver patio systems as impervious surface, like Chanhassen, or use a set ratio or credit system to evaluate how they contribute to a parcel's hardcover. Replacing the proposed paver patio system with a detached deck or expanding the existing lower deck would allow for a similar use of the rear yard as the proposed paver patio system without requiring a hardcover variance. Viewscape The City's hardcover restrictions are also intended to ensure that residential neighborhoods have a significant amount of open space. Residential districts with zoning that allows for higher lot coverage percentages than RSFs 25 percent are those where significant amounts of upland are preserved or created as permanent open space to balance out the higher hard surface and lot coverage on individual lots. In all low density residential districts, Section 20-904 of the City Code limits detached accessory structures to occupying no more than 30 percent of a parcel's rear yard area in order to ensure a high percentage of open space. The proposed pool area would cover 2,200 square feet of the lot's 6,435 -square foot rear yard resulting in a rear yard coverage of 34.5 percent. While the actual coverage of the lot's rear yard would be 4.5 percent above the threshold established by the City Code, the visual impact would be of nearly complete coverage due to the presence of the deck, which while technical not located in the rear yard is located behind the house, and the presence of the retaining wall which creates the intuitive visual boundary of the rear yard. The proposed landscaping and relatively large house Planning Commission 0 0 6845 Lake Harrison Circle - Planning Case 2016-22 September 20, 2016 Page 7 of 9 would screen the rear yard and its accessory structures from public view, and mitigate the visual loss of open space for all but the adjacent property owners. Reducing the pool area's size by 269.5 square feet. would allow it to be built in compliance with Section 20-904, but would still place the property 1, 189.75 square feet. over the property's 25 percent structure and paved surface lot coverage limit. As was noted earlier, this limit was created with the dual intent of managing stormwater and creating visually appealing neighborhoods by preserving open spaces. =. n, MM 17=1 The proposed pool area encroaches into the rear yard's required wetland setback. The amount that the proposed project infringes on the wedand setback will depend on if the homeowner utilizes Section 20-411 (e) to create a wetland buffer in line with the City Code's current standards. If they exercise this option, the proposed pool area would encroach 15 feet into the required structure setback. If they do not utilize this option, the proposed pool area would encroach 35 feet into the required structure setback. The intent of the wetland buffer setback is to prevent -yard creep", the phenomena where over the years rear lawns expand into natural areas, from damaging the buffer strip and also to provide a larger green area for enhanced runoff infiltration. Properties located in Block 2 of the Lake Harrison Subdivision were granted a blanket 5 -foot front yard setback. This existing variance allowed the houses to be built finther forward on the lot and had the effect of creating additional developable rear lot area for these properties. The proposed pool area includes an engineered paver patio system which, subject to the limitations discussed earlier in this report and in the attached letter from the Water Resources Coordinator, has the potential to mitigate the amount of runoff generated on the property. The associated retaining wall, grading, and rain garden should also serve to protect the wetland. Additionally, the visual break caused by the retaining wall and the proposed placement of wetland setback signs along the property's rear yard will reduce the likelihood of the wetland's buffer strip being disturbed. However, the pool and patio system could be redesigned so as to conform to the required wetland setback that would be established if the homeowner established a buffer as specified in Section 20- 411 (e). Constructing the pool area in compliance with the required setback would reduce the project's proposed hardcover, increase the amount of greenspace in the rear yard, and provide additional protection for the wetland's buffer strip. SUMMARY The proposed pool area would place the property 1,459.25 square feet over its 4,481.75 -square foot - hardcover limit 269.5 square feet overs its rear lot accessory structure coverage limit, and would be located 15 feet within the property's wetland setback. The applicant proposes to mitigate these Planning Commission 0 0 6845 Lake Harrison Circle — Planning Case 2016-22 September 20, 2016 Page 8 of 9 impacts through the creation of a paver patio system which, if properly designed and maintained, may substantially reduce the amount of run off generated by the impervious surface. A significant number of the surrounding properties are at or within 2 percent of the 25 percent hardcover limit, and two have had projects sent back for revision or code enforcement action taken to prevent them from exceeding the zoning district's hardcover maximum. To date, other than the Block 2 blanket 5 -foot setback, no variances have been given to any properties within 500 feet of the applicant. Redesigning the pool area to be in compliance with the rear yard's wetland setback would also bring the proposal into compliance with the city's restrictions on accessory structures covering more than 30 percent of the rear yard and reduce the proposed project's hardcover. Removing or replacing areas of permeable pavement with decking or other landscaping could also further reduce the amount by which the proposed pool area exceeds the lot's hardcover maximum. For example, if the pool was constructed with a 5 foot apron the applicant would require a 3 percent hardcover variance. RECONEWENDATION Staff recommends that the Planning Commission deny the variance request to exceed allowed hardcover by 8.14 percent, allow a detached accessory structure to exceed the rear lot coverage limit of 30 percent by 4.5 percent, and a 15-finot reduction in the wetland buffer setback, and adopt the attached Finding of Fact and Decision. Should the Planning Commission approve the variance request to exceed allowed hardcover, but not the request to exceed the rear lot coverage limit or the request for relief from the 15 -foot wetland buffer setback, 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 approves the variance request to allow hardcover to exceed 25 percent by 3 percent, but denies the variance requests for a detached accessory structure to exceeding the rear lot coverage limit of 30 percent by 4.5 percent and for a 15 -foot reduction in the wetland buffer setback. The approved hardcover variance is subject to the following conditions:" I . The property's hardcover is not to exceed 28 percent 2. Site specific infiltration data, at the proposed surface elevation must be provided. 3. The applicant must demonstrate that there will be a minimum separation to ground water of three (3) feet or more. 4. Hydrologic and hydraulic calculations must be provided and demonstrate that the permeable paver system and rain garden not only mitigates for the proposed increase, but can accommodate tributary drainage areas directed to them for the design storm. Planning Commission 0 0 6845 Lake Harrison Circle — Planning Case 2016-22 September 20, 2016 Page 9 of 9 5. The design of the permeable pavement system shall follow MN Stormwater Manual guidelines unless manufacturer specifications expressly recommend against those guidelines. This includes the typical cross-section. 6. Construction practices to be employed to avoid compaction of the subsurface including ripping the in situ soils to a minimum depth of 12 inches. 7. The design of the rain garden shall follow MN Stormwater Manual guidelines. 8. A maintenance and operations manual describing anticipated inspections, annual maintenance, responsible parties and annual reporting forms. 9. A detailed erosion prevention and sediment control plan shall be submitted to the city for review and approval. 10. The applicant must apply for and obtain permissions from Riley Purgatory Bluff Creek Watershed District and any other agency with legal jurisdiction over the site. 11. The site must comply with today's buffer standards. A buffer, minimum 25 feet in width must be established with 100 percent native vegetation, demarcated with signage, and recorded with the property. 12. All structures must be located outside of the secondary setback assuming buffers updated to current wetland protection requirements. 13. The applicant must apply for and receive a building permit from the city. ATTACHMENTS I . Finding of Fact and Decision Denial 2. Finding of Fact and Decision Approval 3. Development Review Application 4. Registered Land Survey 5. Landscape Plans 6. Letter from WRC 7. Memo from RPBCWD 8. Affidavit of Mailing of Public Hearing Notice CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN S5317 08/30/2016 11:12 AM Receipt No. 00325200 CLERK: AshleyM PAYEE: Outdoor Excapes of Lake Minnetonka, Inc 2345 Daniels Street Long Lake MN 55356- 6845 Lake Harrison Circle Planning case 2016-22 ------------------------------------------------------- Variance 200.00 Recording Fees 50.00 Sign Permit 200.00 GIS List 78.00 Total Cash Check 90865 Change ----------- 528.00 0.00 528.00 ----------- 0.00 (-,, - Z �- SGA,I�NEC 0 MEMORANDUM TO: MacKenzie Walters, Assistant Planner FROM: Terry Jeffery, Water Resources Coordinator DATE: September7,2016 0 RE: Planning Case 2106-22: Request for variance from hard cover requirements PROJECT UNDERSTANDING The applicant is requesting to exceed allowed hardcover area for a single family residential lot by 8% or 1,459 square feet. The applicant is proposing to mitigate additional stormwater runoff through the use of a pervious paver patio system and a rain garden. SHORELAND MANAGEMENT The property is located within the shoreland management district for Lake Harrison. State rules requires that hardcover on any lot within the shoreland district have no more than 25% impervious surface coverage. There is an abundance of studies showing a correlation between shoreland development and water quality degradation. The Center for Watershed Protection summarized 225 such studies in March of 2003. Research consistently shows that there is negative impacts to water quality when impervious surface coverage exceeds 10% - 12%. This review concluded that surface water ,'managers should be very extremely cautious in setting high expectations for how much watershed treatment can mitigate impervious cover..." Still other studies showed that areas were surface reservoirs are used for drinking water, the reservoirs cannot sustain safe drinking water supplies when impervious surface exceeds 25%. Minnesota Statutes, 103F, Sections 201-227 and the statewide Shoreland Management Program were drafted with these facets of watershed science in mind. Pervious pavement has been shown to be a very effective stormwater management tooL With proper design, installation and maintenance these practices promote infiltration rates that can approach hundreds of inches per hour thereby reducing runoff and pollutant loading. Pervious paver systems will degrade over time as the surface becomes clogged but according to the Environmental Protection Agency, will still have an infiltration rate in excess of I" per hour. Care must be taken during maintenance to avoid the use of sand for winter maintenance and to vacuum and/or power wash the 0 0 surface at regular intervals. In some pervious paver systems the rock within the joints will need replacement. It is also true that lawns, compacted during construction, can behave as impervious surfaces. However, the MN Department of Natural Resources has issued guidance for the use of permeable pavement systems in shoreland areas. Within this guidance the caution; "If taken as part of the overallsite design and used as part of a largerstormwater managementplon, permeable pavement systems can compensate for some of the impacts that other impervious surfaces have on a lot. However, they do not take the place of native vegetation and undisturbed soils, especially, in the Shore Impact Zone, that area which is closest to the shore and extends to half the setback of the structures. " — Permeable Pavement Systems in Shoreland Areas, A Guide to Local Governmental Units, DNR Waters, St. Paul, MN, September 10, 2003. The DNR's final recommendation was that pervious pavement systems be used on new development where impervious coverage could be kept to 10% and the pervious pavement system makes up the next 15% of hardcover to get to that 25%. They do not recognize it as a practice to allow for exceeclance of hard cover limitations. Chanhassen has adopted several policies and practices already intended to help homeowners with the matter of hardcover. We do not count retaining walls against hard cover, we do not count swimming pools against hardcover and we do not count wetlands or other water features against the hardcover calculations although all of these surfaces produce more runoff than natural vegetation or even lawn. Chanhassen uses hardcover and impervious surface interchangeably. This can be misleading as the allowance of permeable pavement systems is not solely a function of storm water management. In addition to it being a stormwater issue, there is the question of green space. How much is enough? It is conceivable that one could make the entire property pervious through the use of a pervious pavement system. However, the site would still have 100% hardcover. WETLAND PROTECTION When Lake Harrison was developed, there were several wetland impacts. Much of the mitigation for these impacts was completed on-site. Mitigation areas M6 and M7 are located behind Lots 1 — 4 of Block 2. As part of this mitigation, a 20 foot buffer was created. This buffer was not only required by code but is part of the mitigation for the impacts. At the time of the development, the setback was 40 feet from the buffer regardless of if the structure was considered primary or secondary. Under these rules, the entire pool and - - - - - - - - - - - - - - - - t g LOT 2 '9. Figure 1. Lake Harrison Wetland Mitigatio 0 0 the majority of the patio are within the setback area and are not allowed. Section 20-411 of current code allows for the adoption of existing buffer standards. This would require the creation of a 25 foot permanent buffer strip vegetated with all native species. The monuments would need to be placed at the buffer and the new buffer and setbacks would need to be recorded. The setbacks would then be 30 feet for the primary structure and 15 feet for any secondary structures such as a pool and patio. Under this scenario, the wall could not be within the buffer and the pool and patio would need to be at least 40 feet total from the wetland boundary. Even if this method was selected, the majority of the pool and a significant portion of the patio are still within the setback and would not be an allowed use. Even with the revised buffers, the applicant will still need to comply with the requirements of other agencies with legal jurisdiction in Chanhassen. Riley Purgatory Bluff Creek Watershed District has buffer rules which are, in many cases stricter than Chanhassen's. The applicant will need to meet their buffer requirements as well. Given the guidance provided by the DNR, the condition of Riley Creek, the anti -degradation requirements of the City's NPDES Municipal Separate Storm Sewer Permit, and the question of aesthetics, I recommend denial of the variance request. In the event this recommendation is not followed, the following conditions should be applied to any approval. 1. Site specific infiltration data, at the proposed surface elevation must be provided. 2. The applicant must demonstrate that there will be a minimum separation to ground water of three (3) feet or more. 3. Hydrologic and hydraulic calculations must be provided and demonstrate that the permeable paver system and rain garden not only mitigates for the proposed increase, but can accommodate tributary drainage areas directed to them for the design storm. Fiv,ure 2. 814�5!r and Setback Based U7,on Plot No 5tructure5 could be placed outside of green setback line. Given the guidance provided by the DNR, the condition of Riley Creek, the anti -degradation requirements of the City's NPDES Municipal Separate Storm Sewer Permit, and the question of aesthetics, I recommend denial of the variance request. In the event this recommendation is not followed, the following conditions should be applied to any approval. 1. Site specific infiltration data, at the proposed surface elevation must be provided. 2. The applicant must demonstrate that there will be a minimum separation to ground water of three (3) feet or more. 3. Hydrologic and hydraulic calculations must be provided and demonstrate that the permeable paver system and rain garden not only mitigates for the proposed increase, but can accommodate tributary drainage areas directed to them for the design storm. 0 0 4. The design of the permeable pavement system shall follow MN Stormwater Manual guidelines unless manufacturer specifications expressly recommend against those guidelines. This includes the typical cross-section. 5. Construction practices to be employed to avoid compaction of the subsurface including ripping the in situ soils to a minimum depth of 12 inches. 6. The design of the rain garden shall follow MN Stormwater Manual guidelines. 7. A maintenance and operations manual describing anticipated inspections, annual maintenance, responsible parties and annual reporting forms. 8. A detailed erosion prevention and sediment control plan shall be submitted to the city for review and approval. 9. The applicant must apply for and obtain permissions from Riley Purgatory Bluff Creek Watershed District and any other agency with legal jurisdiction over the site. 10. The site must comply with today's buffer standards. A buffer, minimum 25 feet in width must be established with 100% native vegetation, demarcated with signage, and recorded with the property. 11. All structures must be located outside of the secondary setback assuming buffers updated to current wetland protection requirements. resourceful. natura engineering and environmental consuitlly- BARR ants Memorandum To: MacKenzie Walters, Assistant Planner; City of Chanhassen From: Scott Sobiech, PE Subject: 6845 Lake Harrison Circle Plan Review by Riley -Purgatory -Bluff Creek Watershed District Date: September 7, 2016 c: Claire Bleser; Administrator Riley -Purgatory -Bluff Creek Watershed District We appreciate the opportunity to provide preliminary comments on the proposed construction of a pool and paver patio at an existing single family home at 6845 Lake Harrison Circle. The Riley -Purgatory -Bluff Creek Watershed District (RPBCWD) received a request for preliminary review of this project on August 31, 2016. This is a preliminary review of the submitted information; additional comments may need to be addressed prior to issuance of a permit based on further review of the plans or revised information that is submitted. This proposed development will need a RPBCWD permit prior to beginning land disturbing activities. The following comments are based on the rules that appear to apply to this project and highlight the areas where revisions or additional information are needed to meet the RPBCWD rules. These review comments do not constitute approval, a variance, or exemption from the rules. Therefore this project will require permit approvals from the RPBCWD Board of Managers. Rule C: Erosion and Sediment Control Conformance with the Erosion and Sediment Control Rule (Rule Q is required from the RPBCWD because more than 50 cubic yards of earth will be placed, altered, or removed (Rule C, Section 2.1). The following comments must be addressed for the project to be in compliance with RPBCWD Rule C. • An erosion control plan for the site must be provided. • The erosion control plan must include the following notes: • Soil surfaces compacted during construction and remaining pervious upon completion of construction must be decompacted through soil amendment and/or ripping to a depth of 8 inches while taking care to avoid utilities, tree roots and other existing vegetation prior to final revegetation or other stabilization. • Construction site waste such as discarded building materials, concrete truck washout, chemicals, litter and sanitary waste must be properly managed. a Natural topography and soil conditions must be protected, including retention onsite of native topsoil to the greatest extent possible. Boff Engineering Co. A700 West 77th S#W, Suite 200, Minneopolis, MIN 55A35 952.832.2600 www.buff.com 0 0 To: MacKenzie Walters, Assistant Planner; City of Chanhassen From: Scott Sobliech, PE Subject: 6W Lake Harrison C�rcle Plan Review by Riley-Purgotory-Bluff Creek Watershed District Date. September 7. 2016 Paqe: 2 • Additional measures, such as hydraulic mulching and other practices as specified by the District must be used on slopes of 3:1 (H:V) or steeper to provide adequate stabilization. • Final site stabilization measures must specify that at least six inches of topsoil or organic matter be spread and incorporated into the underlying soil during final site treatment wherever topsoil has been removed. • All temporary erosion and sediment control BMPs must be maintained until completion of construction and vegetation is established sufficiently to ensure stability of the site, as determined by the District a All temporary erosion and sediment control BMPs must be removed upon final stabilization. a All disturbed areas must be stabilized within 7 calendar days after land -disturbing work has temporarily or permanently ceased on a property that drains to an impaired water, within 14 days elsewhere. a The permittee must, at a minimum, inspect, maintain and repair all disturbed surfaces and all erosion and sediment control facilities and soil stabilization measures every day work is performed on the site and at least weekly until land -disturbing activity has ceased. Thereafter, the permittee must perform these responsibilities at least weekly until vegetative cover is established. The permittee will maintain a log of activities under this section for inspection by the District on request. Rule D: Wetland and Creek Buffers A wetland on this parcel appears to be clowngradient from the proposed site activities. Because the proposed work triggers RPBCWD's Stormwater Management Rule (Rule J) and there is a wetland downgradient of the activities, Rule D, Subsections 2.1a and 3.1 require buffer around this wetland. To conform to the RPBCWD Rule D the following revisions are needed: a Because a wetland appears to be downgradient, a wetland delineation by a certified wetland delineator is needed for the wetlands downgradient of the proposed construction to determine the buffer location. Because the project is located on an existing single family home parcel, a buffer with a 20 foot average, 10 foot minimum width must be provided. • A wetland buffer area must be shown on the plans and indicated by permanent free- standing markers at the buffer's upland edge. • Please provide an example detail for the marker locations noted on the plans. An example detail is available for download from the RPBCWD website (www.rpbcwd.org/permits). 9 0 To: MacKenzie Walters, Assistant Planner; City of Chanhassen From: Scott Sobjech. PE Subject: 6845 Lake Harrison Circle Plan Review by Rfley-Purgatory-Bluff Creek Watershed District Date; September 7, 2016 • A note must be added to the plans indicating: The potential transfer of aquatic invasive species (e.g., zebra mussels, Eurasian watermilfoil, etc.) must be minimized to the maximum extent possible. • Before any work subject to District permit requirements commences, buffer areas and maintenance requirements must be documented. The applicant may meet this requirement by entering into a maintenance declaration recorded with the County. Rule J: Stormwater Management Conformance with the RPBCWD Stormwater Management rule (Rule J) will be required for this project because more than SO cubic yards of earth will be placed, altered, or removed or more than 5,000 square feet of land -surface area will be altered (Rule J, Section 2.1) and the parcel is within 500 feet of and draining to a wetland. Comments provided below are preliminary and general in nature and the applicant should review the RPBCWD's Stormwater Management Rule for full details on submittal requirements. 0 General Comments: • In accordance with RPBCWD Rule J, Subsection 3.4 the project must provide for the construction, installation, or implementation of a stormwater-management BMP. The rain garden shown on the plan could likely be considered as a stormwater-management BMP - Wetland buffer is allowed to be credited to the stormwater requirement per Rule J, Subsection 3.5. The construction, installation or implementation of a stormwater- management BMP must be consistent with guidance promulgated by the State of Minnesota, including but not limited to the Minnesota Stormwater Manual, Protecting Water Quality in Urban Areas Manual and Minimal Impact Design standards. • The lowest floor elevation of the home must be at least 2 feet above the flood elevation of the stormwater-management BMP. • Permit applicant must provide a draft maintenance declaration and inspection plan for review and approval by the RPBCWD. Once approved the declaration must be recorded with the County. A maintenance declaration template is available on the permits page of the RPBCWD website. (http://www.rpbcwd.org/permits/). Summary Based on the information provided to date, the proposed design does not meet the RPBCWD rules and a permit from the RPBCWD will be required prior to construction to likely cover the following: Erosion and Sediment Control, Wetland and Creek Buffers, and Stormwater Management The permit application and detailed information on the RPBCWD rules are available for download on the RPBCWD website: http:/Iwww.n3bcwd.orci/i)ermit Please contact us with any questions. COMMUNITY DEVELOPMENT DE MENT Planning Division — 7700 Market Boulevard CITY OF CHMNSEN 0 Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: August 19, 2016 September 8, 2016 August 19, 2016 Contact: Contact Phone: Contact Email: MacKenzie Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Assistant Planner Planning Commission Date: City Council Date: 60 -Day Review Period Deadline: September 20, 2016 at 7:00 p.m. October 10, 2016 at 7:00 p.m. October 18, 2016 Application: Consider a variance request to build a paver patio around a pool at property located at 6845 Lake Harrison Circle - Lot 2, Block 2 Lake Harrison. Planning Case: 2016-22 1 Web Page: www.ci.chanhassen.mn.us/2016-22 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adacent Cities: [:1 Attorney 0 Army Corps of Engineers El Chaska • Building Official R US Fish& Wildlife Ej Eden Prairie • Engineer El Jackson Township 9 Fire Marshal Watershed Districts: E) Minnetonka Z Forester E] Carver County WMO El Shorewood Park Director E1 Victoria Water Resources F1 Lower MIN River El Law Enforcement E] Minnehaha Creek Adacent Counties: Riley -Purgatory -Bluff Creek [:1 Hennepin Carver County Aaencies: Utilities: El Scott El Community Development E] Cable TV — Mediacom El Engineer E] Electric — Minnesota Valley School Districts: El Environmental Services E] Electric — XGeI Energy ED Eastern Carver County 112 El Historical Society El Parks Magellan Pipeline El Minnetonka 276 El Soil & Water Conservation District Natural Gas — CenterPoint Energy Phone — CenturyLink Other Agencies: State Anencies: El Hennepin County Regional Railroad Authority El Board of Water & Soil Resources El MN Landscape Arboretum El Health El SouthWest Transit El Historical Society El TC&W Railroad [__1 Natural Resources -Forestry El Natural Resources -Hydrology El Pollution Control Transportation COMMUNITY DEVELOPMENT DE TMENT Planning Division — 7700 Market Boulevard MY OF WNSEN # Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL —Rease review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: August 19, 2016 September 8, 2016 August 19, 2016 Contact: Contact Phone: Contact Email: MacKenzie Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Assistant Planner Planning Commission Date: City Council Date: 60 -Day Review Period Deadline: September 20, 2016 at 7:00 p.m. October 10, 2016 at 7:00 p.m. October 18, 2016 Application: Consider a variance request to build a paver patio around a pool at property located at 61545 Lake Harrison Circle - Lot 2, Block 2 Lake Harrison. Planning Case: 2016-22 Web Page: www.ci.chanhassen.mn.us/2016-22 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Anencies: Ad*acent Cities: 0 Attorney E] Army Corps of Engineers E] Chaska Building Otficial- F1 US Fish& Wildlife [:] Eden Prairie Engii E] Jackson Township Marshalh,&*Mpa�-iwershecl Districts: E] Minnetonka Agf-Fi- F6rester [2,'Carver County WMO [j Shorewood Park Director E3 Victoria F Lower MN River Maw W Water Resources Minnehaha Creek Adiacent Counties: Enforcement Z Riley -Purgatory -Bluff Creek 0 Hennepin Carver County Agencies: Utilities: E1 Scott El Community Development E] Cable TV — Mediacom School Districts: El Engineer E3 Electric — Minnesota Valley E) Environmental Services E] Electric — Xcel Energy Eastern Carver County 112 0 Historical Society E] Magellan Pipeline Minnetonka 276 El Parks El Soil & Water Conservation District El Natural Gas — CenterPoint Energy El Phone — Centuryl-ink Other Agencies: State Aaencies: E] Hennepin County Regional Railroad Authority El Board of Water & Soil Resources E) MN Landscape Arboretum El Health E1 SouthWest Transit El Historical Society El TC&W Railroad [] Natural Resources -Forestry El Natural Resources -Hydrology El Pollution Control El Transportation 0 Taxpayer Name Property Address SUSANNE SCHAER 2360 LAKE LUCY RD BARBARA A MILLER TRUST 2340 LAKE LUCY RD STEPHEN M & HEATHER L PINT 6750 BRIENDEN CT GESTACH & PAULSON CONSTRUCTION INC 6845 LAKE HARRISON CIR CLEONE B FOSTER 2275 LAKE LUCY RD MARY ANN OLSON TRUST AGREEMENT 2249 LAKE LUCY RD �tSETH P KNELLER t6, L�10 15, -L�'3 �e 2378 HIGHOVER TRL MICHAEL R ROSE 2368 HIGHOVER TRL &ARC J & WENDY E TERRIS 2358 HIGHOVERTRI. MICHAEL C MOORE 2353 HIGHOVERTIRL PAUL R SANDER 2363 HIGHOVER TRL GESTACH & PAULSON CONSTRUCTION INC 2373 HIGHOVER TRL MICHAEL L BAKER 2383 HIGHOVER TRIL OANHPHAM 2393 HIGHOVER TRL MICHAEL E & ANNE M RYAN21,,96 12,<A 6835 LAKE HARRISON CIR BARB HEGENES 17,7 27 p 6845 LAKE HARRISON CIR RUSSELL D JANNETTO 166� 2.5 68S5 LAKE HARRISON CIR JASON M FENSKE tF ,_�61' qq0j 2 3. 7fo 6865 LAKE HARRISON CIR IAN R ASTBU RY Z 0 ;6 6 Iz 1 132,1 6875 LAKE HARRISON CIR JON G FOX , 61 -72,1 j'r yj c, 6885 LAKE HARRISON CIR STEVEN EDWARD MUIELUERLi� q6,-1 3 40 ' /(.,,�P895 LAKE HARRISON CIR ERIC R HANSON V' 2k 13.�f�O 6905 LAKE HARRISON CIR SCOTT F HUSSEY 6900 LAKE HARRISON CIR NONG TU DANG 6890 LAKE HARRISON CIR TIMOTHY P & CARLEEN ARLAND 6880 LAKE HARRISON CIR JEFFREY J ALLEN 6870 LAKE HARRISON CIR FINLAY KERR & SAMANTHA DOW 6860 LAKE HARRISON CIR zah'* fW0,1f;l cl",3 2-a k kf,11k, z,�4 6 z ; / �zl / 0 Property City -State -Zip CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ,MN R w) C/l, o r - I 'Pyi CHANHASSEN, MN 55317 �wdfm �� - /�' 210 CHANHASSEN, MIN 55317 La �4 Hwkl,) 1'r 4 A ) '-'/ If 5 1' zah'* fW0,1f;l cl",3 2-a k kf,11k, z,�4 6 z ; / �zl / 0 Property City -State -Zip CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ,MN CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MIN 55317 CHANHASSEN, MIN 55317 CHANHASSEN, MIN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 FAC lj'-xJ w�41,ftf) CHANHASSEN, MN 553:17 CHANHASSEN, MN 55317 CHANHASSEN, MIN 55317 CHANHASSEN, MIN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 q'?)0 / Zq,2.�o q03�,, 4 o 76 �70 k-4�,lo 2-q, YAAk do' �0 � 0/ i.'a4 �'i 1'�f 2- 6, 1-16 ?; �,Z-'V5 -Z-0'��r 0�-A'�w 0(00f 07P. -O 0jP AAK� 19� KAt 0 Not it kAt ?7-iv0Af' q P V\L , I q op Vt 15 L�- 16 1-b P- 0 Taxpayer Address Taxpayer City -State -Zip 2360 LAKE LUCY RD CHANHASSEN, MN 55317-7561 2340 LAKE LUCY RD CHANHASSEN, MN 55317-7561 6750 BRENDEN CT CHANHASSEN, MN 55317-7570 200 CHESTNUT ST N CHASKA, MN 55318-1920 2275 LAKE LUCY RD CHANHASSEN, MN 55317-6706 2249 LAKE LUCY RD CHANHASSEN, MN 55317-6706 2378 HIGHOVER TRL CHANHASSEN, MN 55317-4744 2368 HIGHOVER TRL CHANHASSEN, MN 55317-4744 2358 HIGHOVER TRL CHANHASSEN, MN 55317-4744 2353 HIGHOVER TRL CHANHASSEN, MN 55317-4744 2363 HIGHOVER TRL CHANHASSEN, MN 55317-4744 200 CHESTNUT ST N CHASKA, MN 55318-1920 2383 HIGHOVER TRL CHANHASSEN, MN 55317-4749 2393 HIGHOVER TRL CHANHASSEN, MN 55317-4744 6835 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 6845 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 6855 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 6865 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 6875 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 6885 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 6895 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 6905 LAKE HARRISON CIR CHANHASSEN, MN 55317-4625 6900 LAKE HARRISON CIR CHANHASSEN, MN 55317-4625 6890 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 6880 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 6870 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 6860 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 $In 0 LV/ 2 -17/d, 0 9" t';iLP--zWzM M,t,N,7j1e'f ClIfy lee, we LEGAL DESCRIP 170N.- 21 A UIL Z'S UR V E" syff Lot 2 81ock 2, LAKE HARRISON, ccord�lg La the *ELEVA.T70NS PROWDED BY CLIENT- recor�ed plot thereo a- Elevotions r-rovided bv clien . fl, Carver Cal ty, Minnes La. 6845 Lcke Horriso� Circle 14� Garage Floor = 999.4,3(ct overhead door) OBUILDING DIMENSIONS DO NOT REFLECT BRICK FACING* . BrN -BUILDING DIMENSIONS SHOWN RtFLECT LOWER LEVEL PLANO r Permit Number 2008— 1 e9D3 Top of Foundation Wall = 1001.84 n�C;04 HOUSE DATED FEBRUARY 13, 2008 Lowest Floor 99,442(9 Foot Basement) FFE 998.79 ---qL-4 r'X4'Vv (Ale �Z(L ITY 99156 15 99;'. *Cil�q AND GUTTER APE EXIS77NG, -U77LI77ES ARE EXISTING� T 0 tit"" 0 M 'Jai C5 190�� t 't 41 f N84043 Building, stoop ond pad 3 521 sq- ft. % Lot Area 17,927 sq. ft. 7-1 In 10 5.31 L--hLN= In Driveway and sidewalk 920 sq. ft. BOULDES RETAINMO Z� 21 IL I lmperv�ious area 4,441 sq. ft. 124.77 7. of total Lot area WALL-�! �.*�2FT.*. rQ LO :::a M 0 LV/ 2 -17/d, 0 9" t';iLP--zWzM M,t,N,7j1e'f ClIfy lee, we LEGAL DESCRIP 170N.- 21 A UIL Z'S UR V E" syff Lot 2 81ock 2, LAKE HARRISON, ccord�lg La the *ELEVA.T70NS PROWDED BY CLIENT- recor�ed plot thereo a- Elevotions r-rovided bv clien . fl, Carver Cal ty, Minnes La. 6845 Lcke Horriso� Circle 14� Garage Floor = 999.4,3(ct overhead door) OBUILDING DIMENSIONS DO NOT REFLECT BRICK FACING* . BrN -BUILDING DIMENSIONS SHOWN RtFLECT LOWER LEVEL PLANO r Permit Number 2008— 1 e9D3 Top of Foundation Wall = 1001.84 n�C;04 HOUSE DATED FEBRUARY 13, 2008 Lowest Floor 99,442(9 Foot Basement) FFE 998.79 ---qL-4 r'X4'Vv (Ale �Z(L ITY 99156 15 99;'. *Cil�q AND GUTTER APE EXIS77NG, -U77LI77ES ARE EXISTING� T 0 tit"" 0 M 'Jai C5 190�� t 't 41 f N84043 Building, stoop ond pad 3 521 sq- ft. % Lot Area 17,927 sq. ft. 7-1 In 10 5.31 L--hLN= In Driveway and sidewalk 920 sq. ft. BOULDES RETAINMO Z� 21 IL I lmperv�ious area 4,441 sq. ft. 124.77 7. of total Lot area WALL-�! �.*�2FT.*. rQ LO 0 LV/ 2 -17/d, 0 9" t';iLP--zWzM M,t,N,7j1e'f ClIfy lee, we LEGAL DESCRIP 170N.- 21 A UIL Z'S UR V E" syff Lot 2 81ock 2, LAKE HARRISON, ccord�lg La the *ELEVA.T70NS PROWDED BY CLIENT- recor�ed plot thereo a- Elevotions r-rovided bv clien . fl, Carver Cal ty, Minnes La. 6845 Lcke Horriso� Circle 14� Garage Floor = 999.4,3(ct overhead door) OBUILDING DIMENSIONS DO NOT REFLECT BRICK FACING* . BrN -BUILDING DIMENSIONS SHOWN RtFLECT LOWER LEVEL PLANO r Permit Number 2008— 1 e9D3 Top of Foundation Wall = 1001.84 n�C;04 HOUSE DATED FEBRUARY 13, 2008 Lowest Floor 99,442(9 Foot Basement) FFE 998.79 ---qL-4 r'X4'Vv (Ale �Z(L ITY 99156 15 99;'. *Cil�q AND GUTTER APE EXIS77NG, -U77LI77ES ARE EXISTING� T 0 tit"" 0 M 'Jai C5 190�� t 't 41 f N84043 Building, stoop ond pad 3 521 sq- ft. % Lot Area 17,927 sq. ft. 7-1 In 10 5.31 L--hLN= In Driveway and sidewalk 920 sq. ft. BOULDES RETAINMO Z� 21 IL I lmperv�ious area 4,441 sq. ft. 124.77 7. of total Lot area WALL-�! �.*�2FT.*. J42 '9 -gs!,3 22.00 0 IL Is EXISTING HOUSE FFE GARACE 1000.08 BY: 11 DEF"T. AD Ld P L V) 0 11 0 7 'b APPROVED DEPT.- 910 -- DATE: 111) BY: DEPT - DATE: Y-�-o �- "I , DEPT.- 96am eno es n monumeni wund 0 Denotes iron monument set rings based on assumed datum. . jif, 14, AUU I U ZU1b VACANT LOT I hereby certify that this survey was prepared by me or under my direct. supervision and that I am a duly Licensed Land SurvIeyor under the laws of ttzeState of Minnesota. e'l -, PP / 2/. Craig W. hforse, R.L.S. 6cte License No. 23021 x (900.00) Denotes proposed elevation x 900.00 Denotes existing elevation Denotes surface droinoge Denotes proposed sewer invert REOUESTEED BY: MAY 1 8 011 Dave ma"aur'n'r "?AANHASSEN laq Wa",wd P10feZ*rad Seml� h�- Ql! y Q� UnfiLiNHASSEN 709An.WMVAft W Eden ftgde- MN SSM4 Kim 9SZ-M-5150 FAX gr -937.= SEP 17 9-008 TOLLMS 1��-5150 Viestvioad w.-woodp-- 1'-- 20 feet I Drown by. BTW ?13 00 LOT 2 42 CANTIJEVM so-- 1.0 SSS.755' STOOP WALKOUT LOWEST FLOOR. 99 4 1000", '5- 01 99 6aw 01 2 ----------- J42 '9 -gs!,3 22.00 0 IL Is EXISTING HOUSE FFE GARACE 1000.08 BY: 11 DEF"T. AD Ld P L V) 0 11 0 7 'b APPROVED DEPT.- 910 -- DATE: 111) BY: DEPT - DATE: Y-�-o �- "I , DEPT.- 96am eno es n monumeni wund 0 Denotes iron monument set rings based on assumed datum. . jif, 14, AUU I U ZU1b VACANT LOT I hereby certify that this survey was prepared by me or under my direct. supervision and that I am a duly Licensed Land SurvIeyor under the laws of ttzeState of Minnesota. e'l -, PP / 2/. Craig W. hforse, R.L.S. 6cte License No. 23021 x (900.00) Denotes proposed elevation x 900.00 Denotes existing elevation Denotes surface droinoge Denotes proposed sewer invert REOUESTEED BY: MAY 1 8 011 Dave ma"aur'n'r "?AANHASSEN laq Wa",wd P10feZ*rad Seml� h�- Ql! y Q� UnfiLiNHASSEN 709An.WMVAft W Eden ftgde- MN SSM4 Kim 9SZ-M-5150 FAX gr -937.= SEP 17 9-008 TOLLMS 1��-5150 Viestvioad w.-woodp-- 1'-- 20 feet I Drown by. BTW 0 0 ImS IL HL 1 4 �IC ,5 —IC2-'q-77�31�� 3 q 7*f + �-'el-.I/ 9(' �s _ 4 , e c t4 4t fril- c Sw J et I _JM& r -j 9 0 Property Card --FParcel ID Number M170140 Taxpayer Information 4 Taxpayer Name BARB HEGENES A Mailing Address 6845 LAKE HARRISON CIR CHANHASSEN, MN 55317-4589 Property Address Address 6845 LAKE HARRISON CIR City CHANHASSEN, MN 55317 Parcel Information Uses Res 1 unit GIS Acres 0,41 NetAcres 0.41 Deeded Acres Plat LAKE HARRISON Lot 002 Block 002 Tax Description Building Information Building Style 2 STORY A 4288 Bedrooms 5 Sade_ F= Ft Year Built 2008 Garage Y Bathrooms 4.0 Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 1 WS 064 RILEY PURG BLUFF Y N N Assessor Information Estimated Market Value 2015 Values 2016 Values Last Sale (Payable 2016) (Payable 2017) Land $214,700.00 $212,600.00 Date of Sale 12/31/2007 Building $685,400.00 $678,900.00 Sale Value $264,000.001 Total $900,100.00 $891,500.00 '�,obyes only, This data is act suitable for offal, anc,ineenng sunveyinil or other similar partabses, Camer �cunt, does not guarantee the accuracy of the -,u,' n� � rren, r I - c , z s . an ad . basis and C.., Count, makes ho nedidesentations Or �yarranbas either exprewed or inylied. for Me Menhartatylity or fitness of the n ontraborr annneledl for any ur,date This discianner is proyded pursuant to Minnesota Statutes §4M,03 and the user of the data br.videat henan flud �ryer Cound, strait hot be hal,fe for ry damages and by using this dear in any yray a,t,rossily yawas all claims and affneeS to deford. indemnify and hold ha- is�Canrw'�udty. its offintals. ol agents empleyeet,. etc froon any anal all cbrai broui by anyone yret uses Me droveled for herein. as employees or aWnts, or on CARVER M-1 arres yM,oh arese W of ed,des art.. By acceolainee of Met data the user agrees net to thinvort Mis data or provele access to it M any frail of it W another party unless Me user includes COLTNTy with Me ideas a copy of the, darfainner Tuesday, August 30. 2016 Carver County, MN