Variance Recorded
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OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Fee:$ 46.00 Check#: 19621
Certified Recorded on 10-31-2008 at 01:00 0 AMD L
491248 7 ...
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Document No.
A 491248
RECEIVED
NOV 1 '1 2008
CITY OF CHANHASSEN
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
VARIANCE 08-04
1, Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants the following variance:
The Planning Commission, acting as the Board of Adjustments and Appeals,
approves Planning Case 08-04 for a 20.2-foot front yard setback variance and an
8-foot side yard setback variance for the construction of a single-family dwelling
on the riparian parcel of Lot 1, Block 5 & Lot 16, Block 4, Red Cedar Point Lake
Minnewashta. The approved front yard setback variance includes the eaves of the
structure and shall be measured from the 30-foot platted right-of-way. The
decision was not appealed to the City Council pursuant to Section 20-29(d);
therefore, the granting of the variance is final.
2. Property. The variance is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as follows:
Lot 1, Block 5 & Lot 16, Block 4, Red Cedar Point Lake Minnewashta.
3. Conditions. The variance approval is subject to the following conditions:
1. Building Official Conditions:
a. The applicant must apply for a demolition permit prior to removing the existing
structure.
b. The applicant must apply for a building permit prior to construction.
c. Any portion of the structure less than five (5) feet from the property line must be of
one-hour fire-resistive construction.
d. Building permits are required for retaining walls.
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e. Retaining walls must be designed by a structural engineer licensed in the State of
Minnesota.
2. City Engineer Conditions:
a. The Certificate of Survey must be revised as follows when applying for a building
permit:
1. The survey must be to scale.
11. The note stating "It is not possible to hold public platted right of way due to
long standing evidence of monumentation" must be deleted.
111. Clarify the bearing of the northern property line for Lot 16.
IV. Correct the Block numbers shown on the survey (Block 4 is shown as Block
5, and vice versa).
v. Show the correct distance and bearing of the property lines for Lot 1, Block
5.
VI. The flow arrows on the sanitary sewer manhole are in the wrong direction.
V11. Show existing and proposed contours.
Vlll. Show proposed retaining wall location and top and bottom of wall elevation.
IX. All lot measurements, structure setbacks, and impervious coverage shall be
submitted to the city at the time of building permit application.
b. The applicant must submit a proposed grading plan with the building permit to
demonstrate how the site will drain.
3. City Forester Conditions:
a. Tree protection fencing must be properly installed at the edge of construction and
extended completely around the tree at the greatest distance possible. This must be
done prior to any construction activities and remain installed until all construction is
completed.
b. The roots of neighboring trees must be cut by hand or a vibratory plow to avoid
ripping or tearing the roots.
c. To retain soil moisture in the remaining root area, wood chip mulch should be
applied to a depth of 4 - 6 inches, but no deeper, over all the root area.
d. No equipment or materials may be stored within the tree protection area.
e. The trees will need to be watered during dry periods.
f. Any pruning cuts necessary for oaks must be done before April 1 or after July to
avoid any possible exposure to the oak wilt fungus.
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g. One tree is required within the front yard setback area.
4. Water Resource Coordinator Conditions:
a. The plans shall be revised to indicate the placement of silt fence or other approved
perimeter BMP as well as incorporate any applicable Chanhassen standard details
for erosion and sediment control. This should include, at a minimum, 393-5301 and
393-5302B. All erosion and sediment control features shall be installed prior to any
earth disturbing activities and shall remain in place until at least 75% of the property
is covered by vegetation.
b. The applicant shall provide specifications for the soils to be used to backfill the
retaining walls to show that infiltration rates within these areas are maximized.
c. The applicant shall provide a generalized list of plants which are to be used to
landscape the retaining wall areas.
d. The applicant shall maintain the depression adjacent to Lake Minnewashta.
e. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies where applicable and comply with their conditions of approval.
5. General Condition:
a. The site shall not exceed the maximum 25% site coverage allowed in the Residential
Single Family district.
4. Lapse. If within one (1) year of the issuance of this variance the allowed
construction has not been substantially completed, this variance shall lapse.
Dated: March 4, 2008
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(SEAL)
AND:
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this Ilttaay of ~ '
2008 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
PI
KAREN J. ENGELHARDT I
Notary Public~Minnesota
My Commission Expires Jan 31, 2010
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