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PC Staff Report 2-17-09 CC DATE: March 9, 2009 OJ PC DATE: February 17, 2009 CITY OF CHANHASSEN REVIEW DEADLINE: March 17,2009 CASE #: 09-02 BY: AA, JM, JS, ML, TJ PROPOSED ALTERNATIVE MOTIONS: A. "The Planning Commission recommends approval of Planning Case 09-02 as shown in plans dated received January 16, 2009, with variances to permit a lot area less than 15,000 square feet, lot depth less than 125 feet, and front yard setback less than 30 feet as measured from the 100-foot lot width and a 40 x 60-foot house pad, allow a private street with a width of less than 20 feet and less than a 7 -ton design, and approval of the subdivision creating two lots as outlined in the staff report subject to conditions 1-15 below and adoption of the Findings of Fact for Alternate A. Or, B. "The Planning Commission recommends approval of Alternate B for Planning Case 09-02 with a variance to allow a private street with a width ofless than 20 feet and less than a 7-ton design, and denial of the lot area variance to create a lot less than 15,000 square feet, lot depth less than 125 feet and front yard setback less than 30 feet as measured from the 100- foot lot width and a 40 x 60 foot house-pad, and approval of the subdivision creating two lots as outlined in the staff report subject to conditions 1-17 below and adoption of the findings of fact for Alternate B. SUMMARY OF REQUEST: The applicant is requesting a two-lot metes and bounds subdivision with variances to create a second building lot and a variance to allow a private street to serve the parcels. There are two alternative motions: 1. Approve the applicant's proposal (Alternate A). 2. Approve staffs recommendation (Alternate B). LOCATION: 7160 Willow View Cove - Tract A of Registered Land Survey 109 APPLICANT: Mark and Suzanne Senn 7610 Willow View Cove Chanhassen, MN 55317 PRESENT ZONING: Single-Family Residential (RSF) 2030 LAND USE PLAN: Residential-Low Density (1.2-4 units/acre) ACREAGE: 3.66 Acres GROSS DENSITY: 0.54 units per acre NET DENSITY: 0.54 units per acre r------------ ----------------- ----- Senn Subdivision with Variances Planning Case 09-02 February 17, 2009 Page 2 oj 14 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 and Subdivision 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. The City's discretion in approving or denying a metes and bounds subdivision is limited to whether or not the proposed subdivision meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the subdivision. This is a quasi-judicial decision. APPLICABLE REGUA TIONS Chapter 18 Subdivisions Chapter 20, Article XII Single-Family Residential District Sec. 20-615. Lot Requirements and Setbacks. PROPOSAL/SUMMARY The applicant is requesting a metes and bounds subdivision to subdivide a parcel into two single- family lots with variances. A metes and bounds subdivision is permitted when the resulting parcels meet the minimum requirement ofthe zoning ordinance. The applicant's proposal does not meet the zoning ordinance requirements (area, depth and setbacks.) The proposal does not meet all subdivision ordinance requirements (60'x60' house pad). In order to proceed with a metes and bounds subdivision, the city must approve these variances. Staff is proposing an alternate design (Alternate B) that eliminates all zoning variances. Both the applicant's request and staffs alternate design require a variance to allow a private street to serve both parcels. Senn Subdivision with Variances Planning Case 09-02 February 17, 2009 Page 3 of 14 The property is a riparian lot, zoned RSF, Single-Family Residential District and gains access via Willow View Cove. The current site density is 0.27 units per acre. The site is guided Low Density (1.2-4 units per acre). The existing site density is well below the density permitted in the district. The lot area is 3.66 acres (159,429 square feet). The RSF district requires a minimum lot area of 15,000 square feet for a non riparian lot, and 20,000 square feet for a riparian lot. The existing lot area far exceeds the minimum requirements of the zoning district. There is currently a single-family home located on the parcel. The existing structure meets the requirements of the RSF and Shoreland Management Districts ordinances. Staffis proposing an Alternate B with a variance to allow a substandard private street with conditions outlined in the staff report. A metes and bounds subdivision requires City Council action only; due to the nature of the request the Planning Commission should review the complete application. BACKGROUND The subject site is a riparian lot located on the east side of Lotus Lake and is part of the Kurvers Point Subdivision. The Kurvers Point Subdivision was created in 1987 and consists of 42 single-family lots. The subject site is the largest lot within the subdivision with an area of 3 .66 acres. When the subdivision was originally approved the subject site was platted as Lot 4, Block 3. In November 1989, the City Council passed a resolution to approve an administrative subdivision of Lots 4 and 5, Block 3, transferring a portion ofland from Lot 4 to Lot 5. Kurvers Point Subdivision !i . z ~ .. z '" o Senn Subdivision with Variances Planning Case 09-02 February 17, 2009 Page 4 of 14 SUBDIVISION The applicant is proposing a metes and bounds subdivision to subdivide a 3.66 acre site into two single-family lots served by a private street. As previously stated, a metes and bounds subdivision is permitted when both resulting parcels meet the minimum requirements of the zoning ordinance (area, width, depth, etc.) and abut a public or private street. The applicant's proposal (Alternate A) does not meet the minimum requirements of the zoning ordinance. Therefore, the applicant is requesting approval of several variances in order to be able to create a metes and bounds subdivision. CERTIFICATE OF SURVEY p,,,pfl'.,,i ~IY: Mork Senn .;~. /j /1 ~\...A UJTrs ;r, LIU .d .4 ~--!J, 71 ( .-~",,", Ir", 0' 1,!K1" , ,-"C_fI' Proposed New Lot (Tract C) Alternate A (Applicant's Lavout): Regulations governing lots served by a private street: The applicant's proposal requires the following variances: Zoning Variances . Lot area variance-The private street serving the parcel must be located within a 30-foot easement. The area ofthe easement and the private street may not be calculated as part of the total lot area. . Lot Depth Variance. . Setback variances. The front setback of a lot served by a private streel begins where Ihe widlh achieves 100 feet Subdivision Variances . 60x60 house pad . Private Street Senn Subdivision with Variances Planning Case 09-02 February 17, 2009 Page 5 oj 14 Alternate B (staff's proposal) Staff has developed an alternative layout that will meet the minimum requirements of the zoning ordinance. Staff proposes extending the easterly property line to the north edge of the private street. The lot will achieve a width of 100 feet 35 feet west of said line. The front yard setback and lot depth are measured from the 100- foot line. The lot depth is increased from 96 feet to 131 feet. By extending this property lines, all zoning variances are eliminated and the only variance request necessary is for the private street. Zoning Ordinance Regulations - All Requirements Met Minimum Lot Area. The City Code requires a minimum lot area of 15,000 square feet. private street serving the parcel must be located within a 30-foot easement. The area of the easement and the private street may not be calculated as part ofthe total lot area. Staffs layout proposes a parcel with an area of approximately 15,500::1: square feet. Since the driveway access to the proposed Tract C is not shown on the plans, staff is unable to determine the exact area of the private street. The lot area must be adjusted accordingly to maintain a minimum of 15,000 square feet as required in the RSF zoning district. . The The front setback of a lot served by a Inivate street begins where the width achieves 100 feet . Lot Depth. On lots served by a private street, the front property line is measured where the lot achieves 100 feet in width. The front yard setback and lot depth are then measured from the front property line. All plans must demonstrate that a 60x60 house pad can be accommodated on a newly created parcel. Staff s proposal shows a lot width of 100 feet. The lot depth is 131 feet. The buildable area on the site can easily accommodate a 60 x 60 house pad leaving room to accommodate improvements. . Setbacks. A structure must maintain a 30-foot setback from the 100-foot front property line. Staffs layout maintains all required setbacks. Subdivision Ordinance Regulations . The City Code requires a minimum 60' x 60' house pad (3,600 square feet) be shown on the plans or the proposed house type. Staffs proposal reflects a 60' x 60' house pad. i ~ Senn Subdivision with Variances Planning Case 09-02 February 17,2009 Page 6 of 14 STREETS The plan proposes accessing the lots via a private street utilizing the existing private driveway. The existing driveway gains access from the cul-de-sac located on the easterly side of the parcel, Willow View Cove. Once the commonality of the private street ends, any portion of the private driveway serving Tract D, located on Tract C, shall be placed in a cross-access easement. An easement over the private street must be provided. Section 18-57 (P) of the City Code requires private streets to be constructed to a 7-ton design, with 20-foot pavement width and located within a 30- foot easement. The applicant is requesting a variance to maintain the existing width of 10 feet. The intent is to minimize disturbance to the mature trees on the site. Staff is recommending approval of the variance. Private Street Criteria Section 18-57. Streets. (s) Private streets serving up to four lots may be permitted in the A2, RR, RSF, R4 and RLM (when less than four units per acre) districts if the criteria in variance section 18-22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Senn Subdivision with Variances Planning Case 09-02 February 17,2009 Page 7 of 14 COMPLIANCE TABLE Compliance Tract C Existing Lot Alternate A Alternate B Tract D 15,000 sq ft 15,500 sq ft 142,500 sq ft Lot Area Non-Riparian Less than 15,000 sq it (less private street (less private 20,000 sq ft access and easement street access and Riparian sq fl) easement sq fl) Lot Frontage 100' 68.04' 78' 95'+ (Private Street) Lot Depth 125' 97' 158.61' 682'+ Front yard 30' extends 14 feet outside of 30' 470' Setback buildable area Rear Yard 30' non riparian 30' 30' 320' Setback 75' riparian Site 25% May not exceed 25% May not exceed 25% 11.5% Covera2e *There are a number of items that are needed in evaluating a subdivision that the applicant has not addressed. They include: · Location of existing and proposed utilities. · Location of the proposed driveway access to the proposed lot. . Tree survey. . Necessary easements. . House Plan. These items must be addressed and submitted prior to recording. WETLANDS The property abuts Lotus Lake, a DNR Public Water. In addition, a review of topographic data, historic aerial photography, the Web Soil Survey Data and the City's Second Generation Surface Water Management Plan indicates that a fringe Type 1/3 wetland exists adjacent to Lotus Lake. Based upon the proposed lot split as submitted, it appears that no wetland impacts will result from the proposed activity. In addition, the proposed new lot is located well outside of any wetland buffer areas or setbacks required under City Code. LAKES and BLUFFS The proposed project is located within the shoreland district for Lotus Lake. Lotus Lake is classified as a recreational development lake. Riparian lots must have a minimum lot size of 20,000 square feet while non-riparian lots within the shoreland management district must have a Senn Subdivision with Variances Planning Case 09-02 February 17,2009 Page 8 of 14 minimum size of at least 15,000 square feet. Both proposed lots as shown in Alternate B will meet the pertinent area requirement. Based upon topography provided by Carver County, there does not appear to be any areas which meet the criteria to be classified as a bluff. Erosion and Sediment Control In the event that a building permit is issued for the property, adequate erosion control best management practices will need to be installed to prevent sediment from being discharged off the site or into any water features such as wetlands, lakes, or stormsewer. Silt fence should be provided in areas where sediment may otherwise be carried off-site. All upland areas disturbed as a result of construction activities shall be immediately restored with seed covered with mulch or sodded according to the following table. Time (maximum time an area can remain unvegetated when area is not activel bein worked 7 Days 14 Days 21 Days Daily scraping and sweeping of streets shall be completed any time construction site soil, mud, silt or rock is tracked or washed onto paved surface or street that would allow tracked materials or residuals of that material to enter the storm water conveyance system. Construction site access points shall be minimized to controlled access points with rock entrance and exit pads installed and maintained throughout construction. Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on residential development rates of $3,41 0 per acre. Total area of proposed Tract C equals 0.344 acres. Therefore, the water quality fees associated with this project are $1,173.04. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single Family Residential developments have a connection charge of$2,360 per developable acre. This results in a water quantity fee of approximately $811.84 for the proposed Tract C. Senn Subdivision with Variances Planning Case 09-02 February 17,2009 Page 9 of 14 SWMP Credits This project proposes no on-site water quality features. Therefore, no credit will be applied to the proposed subdivision. At this time, the estimated total SWMP fee, due payable to the City at the time of recording, is $1,984.88. GRADING AND DRAINAGE A grading plan was not submitted with the proposal. If the subdivision is approved a grading plan must be submitted for review and approval. The grading plan shall adhere to the requirements set forth in the City Code. UTILITIES A utility plan was not submitted with the proposal. According to the utility as-built information for this area, sanitary sewer lies along the shoreline of Lotus Lake and within Willow View Cove. It appears that the sanitary sewer service to the existing home on proposed Tract D extends from the sewer along Lotus Lake. The as-builts do not show a sanitary sewer service stub for proposed Tract C. According to the utility as-built information, the water service for the existing home on proposed Tract D extends from a six-inch lateral on the property to the south. The as-built does not show a water service for proposed Tract C. If the subdivision is approved, a utility plan must be submitted showing the existing sanitary sewer and water services to the existing home, the existing gas, electric, cable and telephone services to the existing home, and the proposed sanitary sewer and water services to the new lot. A drainage and utility easement must encompass any portion of the new services that cross another property. The easement width shall extend minimum of 10 feet from the service. If the sanitary sewer and/or water service are extended from the utilities within Willow View Cove, an escrow must be posted for the restoration of the street. The escrow amount will be determined when the utility plan is submitted since the extent of excavation is unknown at this time. The escrow will not be released until it is deemed the area is in satisfactory condition after one freeze-thaw cycle. The sanitary sewer and water hookup charges for Tract C shall be paid with the building permit application at the rate in effect at that time. The 2009 rates are $5,087 for the City water hookup charge, $1,893 for the City sewer hookup charge and $2,075 for the Metropolitan Council sewer charge. The party applying for the building permit is responsible for payment of these hookup charges. Senn Subdivision with Variances Planning Case 09-02 February 17, 2009 Page 10 of 14 PARK DEDICATION The nearest neighborhood park to this subdivision is South Lotus Lake Park. South Lotus Lake Park is 7.42 acres in size and features a playground, boat access, tennislbasketball court, and an open field. Off- street parking is available at the park. No additional parkland acquisition is being recommended as a condition of this subdivision. TRAILS The subject site can access the Highway 101 North pedestrian trail. No additional trail construction is being recommended as a condition of this subdivision. It is recommended that full park fees in lieu of parkland dedication and/or trail construction be collected as a condition of approval for the metes and bounds subdivision. The park fees shall be collected in full at the rate in force upon subdivision approval. TREE PRESERVATION/LANDSCAPING Lotus Lake The applicant has not submitted tree preservation calculations or survey. If this subdivision is approved, the calculations and survey will be required prior to the issuance of a building permit. Even without specific calculations, it is evident from aerial photos and a site visit that the applicant will not exceed canopy coverage limits for the subdivision. It appears that the proposed lot will have significant tree removal. Existing conditions within the proposed lot (Tract C) include mature, native sugar maple- basswood woods on the east and central portions of the lot and lawn and mature spruce on the west side of the lot. The proposed location of the home will remove a significant area of existing trees due to grading and construction activities. Senn Subdivision with Variances Planning Case 09-02 February 17,2009 Page 11 of 14 Staff strongly recommends the preservation of the wooded area for the following reasons. The wooded area provides greater diversity and is self-sustaining (younger trees growing and replacing older). It also provides greater environmental benefit by producing more oxygen, sequestering more carbon, alleviating more urban heat island effect, providing wildlife habitat, and sheltering a greater area of land thereby reducing runoff, an important consideration for a lakeshore property. Due to the location of the proposed building pad in relation to the wooded area, tree preservation seems most applicable around the edges of the lot. The wooded area lies between the road access and the house pad. The equipment used for construction will need a perimeter of access around the building pad which is generally 15 - 20 feet. The northwest comer of the house pad lies 21 feet from the driveway. This proximity will lend itself to the most convenient and efficient access to the house pad and placement of the driveway and therefore will be cleared. The picture below represents the tree removal on the proposed lot; the area is outlined in red. Staff recommends that, at a minimum, the applicant be required to preserve all trees outside of the red area. Reducing the size of the removal area should be a priority in order to retain as many trees on the lot as possible. Additionally, staff supports the recommendation to allow the private street to remain at its current width. Widening the private street will necessitate additional significant tree removal. The tree loss will be greater than the benefit of a short section of a widened drive. Senn Subdivision with Variances Planning Case 09-02 February 17, 2009 Page 12 of 14 The applicant must submit tree preservation and removal calculations and survey for city staff approval prior to recording. All trees proposed to be preserved shall be protected by fencing throughout the construction process. The fencing must be installed prior to any excavation or grading. No trees on Tract C or Tract D shall be removed unless approved by the city. RECOMMENDATION Staff recommends the Planning Commission adopt one ofthe following motions: A. "The Planning Commission recommends approval of Planning Case 09-02 as shown in plans dated received January 16, 2009, with variances to permit a lot area less than 15,000 square feet, lot depth less than 125 feet and front yard setback less than 30 feet as measured from the 100 foot lot width, a 40 x 60 foot house-pad and allow a private street with a width of less than 20 feet and less than a 7-ton design, and approval of the subdivision creating two lots as outlined in the staff report subject to conditions 1-15 below and adoption of the findings of fact for Alternate A. or, B. "The Planning Commission recommends approval of Alternate B for Planning Case 09-02 with a variance to allow a private street with a width ofless than 20 feet and less than a 7-ton design, and denial ofthe lot area variance to create a lot less than 15,000 square feet, lot depth less than 125 feet and front yard setback less than 30 feet as measured from the 100-foot lot width and a 40 x 60 foot house-pad, and approval of the subdivision creating two lots as outlined in the staff report subject to conditions 1-17 below and adoption of the findings of fact for Alternate B. Senn Subdivision with Variances Planning Case 09-02 February 17,2009 Page 13 of 14 Conditions of Approval 1. Approval of the metes and bounds subdivision is contingent upon approval of the private street vanances. 2. A grading plan must be submitted for review and approval and shall comply with the City Code. 3. A utility plan must be submitted showing the existing sanitary sewer and water services to the existing home, the existing gas, electric, cable and telephone services to the existing home and the proposed sanitary sewer and water services to the new lot. 4. A drainage and utility easement must encompass any portion of the new services that crosses another property. The easement width shall extend a minimum of 10 feet, on center, from the service. 5. If the sanitary sewer and/or water service are extended from the utilities within Willow View Cove, an escrow must be posted for the restoration of the street. The escrow amount will be determined when the utility plan is submitted since the extent of excavation is unknown at this time. The escrow will not be released until it is deemed the area is in satisfactory condition after one freeze-thaw cycle. 6. The sanitary sewer and water hookup charges for Tract C shall be paid with the building permit application at the rate in effect at that time. The 2009 rates are $5,087 for the City water hookup charge, $1,893 for the City sewer hookup charge and $2,075 for the Metropolitan Council sewer charge. 7. The party applying for the building permit is responsible for payment ofthe hookup charges. 8. Environmental Resources Specialist Conditions: a. The applicant must submit tree preservation and removal calculations and survey for city staff approval prior to recording. b. All trees proposed to be preserved shall be protected by fencing throughout the construction process. The fencing must be installed prior to any excavation or grading. c. No trees on Tract C or Tract D shall be removed unless approved by the city. 9. At this time, the estimated total SWMP fee, due payable to the City at the time of recording, is $1,984.88. 10. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) necessary and comply with their conditions of approval. 11. All disturbed areas shall be mulched and seeded or sodded according to following table: Senn Subdivision with Variances Planning Case 09-02 February 17,2009 Page 14 of 14 Time (maximum time an area can remain unvegetated when area is not activel bein worked) 7 Days 14 Days 21 Days These areas include any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 12. Full park fees in lieu of parkland dedication and/or trail construction shall be collected in full at the rate in force upon approval and recording. 13. Submit a revised survey showing the following: a. Drainage and utility easements. b. All utilities must be shown and relocated if necessary prior to recording. c. Driveway access to the new parcel must be shown on plan. 14. Submit a 30-foot wide private cross-access easement over the shared portion of the private street. . 15. A drainage and utility easement must encompass any portion of the driveway serving Tract D and encroaches on Tract C. 16. Tract C must meet the minimum criteria for a non-riparian lot within the shoreland management district as described in Chapter 20, Article VI. 17. The applicant shall revise the lot lines as shown in staff's layout (Alternate B). " ATTACHMENTS 1. Findings of Fact Alternate A. 2. Findings of Fact Alternate B. 3. Application. 4. Email from John Gleason dated February 6,2009. 5. Public Hearing Notice and Affidavit of Mailing. 6. Survey dated received January 16, 2009. g:\plan\2009 planning cases\09-02 senn subdivision & variance\staff report. doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION AL TERNA TE A INRE: Application of Mark and Suzanne Senn for a two-lot subdivision with zoning variances to create a second building lot and a variance to allow a private street to serve the parcels. On February 17,2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed subdivision with variances preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential - Low Density (1.2 - 4.0 units per net acre) uses. 3. The legal description of the property is: Tract A of Registered Land Survey 109. 4. VARIANCES - There are two types of variances associated with this application. The first set are zoning ordinance related while the other is subdivision related. Zoning Variance Findings a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter does cause an undue hardship. Due to the lot configuration and the location of the driveway and the location of the trees on the site, the granting of the variance will permit the applicant to locate a building on the property that minimizes its impact. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other properties within the same zoning classification. 1 Finding: The conditions upon which this variance is based are not applicable to all Single Family Residential properties since this property was platted prior to the adoption of the Pri vate Street variance requirements. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the request is not based on the desire to increase the value of the land. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged difficulty or hardship is not a self-created hardship since the location of the existing drive and treed areas on the site constrain its development. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Subdivision Variance Findings Sec. 18-22.Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: Variances Within Subdivisions The subdivision variance is required to allow a private street to serve the subject development. Staff is also recommending the applicant be permitted to maintain a substandard private street (Less than 20 feet wide and less than 7 ton design). a. The hardship is not a mere inconvenience. 2 Finding: The hardship is not a mere inconvenience. The proposed private street preserves site features. Reconstruction of the private street will cause environmental impact. b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. Finding: The hardship is caused by the particular physical surroundings, shape and topographical conditions of the land. The subject parcel is the largest lot within the Kurvers Point subdivision. c. The conditions upon which the request is based are unique and not generally applicable to other property. Finding: The conditions upon which the request is based are unique and not generally applicable to other properties due to the unique site features. d. The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance, and comprehensive plan. The applicant is proposing to access the site via a private street. This option will minimize grading and tree removal. 5. SUBDIVISION - FINDINGS a. The proposed subdivision is consistent with the zoning ordinance; Finding: The applicant's proposal is consistent with the requirements of the RSF district subject to the zoning variance approval. b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance if the private street standards variance is approved. c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 3 d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. e. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate a house pad. f. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. 6. The planning report #09-02, dated February 17, 2009, prepared by Angie Auseth, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve a subdivision creating two lots with a variance for the use of a private street and approval of the zoning variance requests to permit a reduced lot area, lot depth and a front yard setback variance to be 30 feet from the front property line rather than 30 feet from the point where the lot meets the 100 foot lot width. ADOPTED by the Chanhassen Planning Commission this 1 ih day of February, 2008. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 4 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION AL TERNA TE B INRE: Application of Mark and Suzanne Senn for a two-lot subdivision with zoning variances to create a second building lot and a variance to allow a private street to serve the parcels. On February 17,2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed subdivision with variances preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential - Low Density (1.2 - 4.0 units per net acre) uses. 3. The legal description of the property is: Tract A of Registered Land Survey 109. 4. VARIANCES - There are two types of variances associated with this application. The first set are zoning ordinance related while the other is subdivision related. Zoning Variance Findings a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. Finding: The literal enforcement of this chapter does not cause an undue hardship. The proposed development could comply with the minimum zoning ordinance requirements. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other properties within the same zoning classification. 1 Finding: The conditions upon which this variance is based are applicable to all Single Family Residential properties since this property complies with the City's zoning requirements. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The intent of the request is not based on the desire to increase the value of the land. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged difficulty or hardship is a self-created hardship since the property could be developed in conformance with the zoning ordinance. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of the variance will be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located since it does not comply with the minimum requirements of the zoning ordinance. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Subdivision Variance Findings Sec. 18-22. Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: Variances Within Subdivisions The subdivision variance is required to allow a private street to serve the subject development. a. The hardship is not a mere inconvenience. Finding: The hardship is not a mere inconvenience. The proposed private street preserves site features. Reconstruction of the private street will cause environmental impact. 2 b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. Finding: The hardship is caused by the particular physical surroundings, shape and topographical conditions of the land. The subject parcel is the largest lot within the Kurvers Point subdivision. c. The conditions upon which the request is based are unique and not generally applicable to other property. Finding: The conditions upon which the request is based are unique and not generally applicable to other properties due to the unique site features. d. The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance, and comprehensive plan. The applicant is proposing to access the site via a private street. This option will minimize grading and tree removal. 5. SUBDIVISION - FINDINGS a. The proposed subdivision is consistent with the zoning ordinance; Finding: The applicant's proposal is inconsistent with the requirements of the RSF district. The proposed lot can comply with the minimum zoning requirements b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance if the private street standards variance is approved. c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 3 d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. e. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate a house pad. f. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. 6. The planning report #09-02, dated February 17, 2009, prepared by Angie Auseth, et aI, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the variance for the use of a private street and deny the zoning variances. The Planning Commission further recommends that the subdivision be approved conditioned upon the applicant reconfiguring the lot to eliminate the need for the zoning variances. ADOPTED by the Chanhassen Planning Commission this 17th day of February, 2008. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 4 Planning Case No. oq-o~ CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317-(952)227-1100 CITY OF CHANHASSE~, RECEiVED DEVELOPMENT REVIEW APPLICATION JAN 1 6 2009 PLEASE PRINT Applicant Name and Address: t11 h R ~ -;>E""tJ'tJ 71 loO vJlLUJW VI ~ Co V E CH'f1AlH.+'f-.. S~N M I\J 5''53/7 Contact: . M 114<::: .5 W.0 P~one:<f.rl---'i tfCt --1,2- 77- Fax: ~z -qlJ t. -oq 7</ Email: WI. senn e mch c;: /, r/7W) :::H,l\NHASSE~1 PLANNING Dr~p' Owner Name and Address: MA.1Z.lc:: AN () .:J"t 'z..~ '" N €. <> 't tV-J 71 "0 WIU_A/W Ulf..-W uvE' Cfl/1AJ lI~s~ N I AN ~S3/7 Contact: MIrt.4C- ">CAlN Phone:qrz.'1V'tz..-.z12.- Fax: 9J:z..9t)6092-'fl Email: m. .renJ1 (f /JtcL St. COW') NOTE: Consultation with City staff is reQuired prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) Interim Use Permit (IUP) Vacation of Right-of-Way/Easements (VAC) -L- Variance (V AR) 2ci) Non-conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review >( Notification Sign ~ (City to install and remove) Site Plan Review (SPR)* X ~for Filing Fees/Attorney Cost- $5 UP/SPRlVACNARlWAP/Metes & Bounds 45 inor SUB TOTAL FEE $ 1,'-144 ci) X Subdivision*"toO , An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'i- 8 ?~... CR. ls ~'3 -= \$\qt.l- 02 *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital COpy in TIFF-Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: Wherimultiple applications are processed, the appropriate fee shall be charged for each application. . SCANNED PROJECT NAME: LOCATION: 7/60 Wic.-t..tJ LJ J(~W <::0 v r LEGAL DESCRIPTION AND PID: P,O 1\z.:S,~CJS6oI0 TOTAL ACREAGE: 3.~ Ac;u:S WETLANDS PRESENT: PRESENT ZONING: R 5' F REQUESTED ZONING: (<Sf" YES X NO PRESENT LAND USE DESIGNATION: l..-crw o 'V) S l 7 y rc..~.S i b'~;-1/ 7l.rrL REQUESTED LAND USE DESIGNATION: U)l..\) DEN ~I TY 4YI oe:vvrrt1 L- REASON FOR REQUEST: sG't::. tt-tt/tcrt'id) . FOR SITE PLAN REViEW: include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural. requirements applicable to your application. A determination of completeness of the application shall be made within 15 busineSs days of application submittal. A written notice of application deficiencies shall be mailed to the appljcant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. , '.; ~\ I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that addition-at fees may be charged for COhsulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents anaitlforirlatiori rhaVe~submitte~ are ,true and correct to the. best of myk~. 7 / )~~ /-;'007 Date /" / s-:- CJ 7 Date se~N"!O G:\Pl.Affifp'T~\~eve'opment Review Application.DOC ..... ,....~ -; '. ;, ;,.J,.,('<df' Rev. 1/08 VARIANCES REQUEST 7160 WILLOW VIEW COVE We purchased this property approximately 20 years ago. Our property is just shy of 4 acres and has approximately 430 feet oflakeshore on Lotus Lake. Our long term plan was to always place one if not two additional structures on the property to accommodate future family needs. When we purchased this property there were no rules which prohibited us from doing so. My mother is now 85 years old and wishes to maintain her independence, something that we support. It is however now necessary to get her closer to us so we can better help her. She is now ready to move so I subsequently contacted the City and was told that ordinances had now been put in place that prohibited us from 1). adding additional dwellings to the property, or 2). do a lot split to construct another dwelling. It is our strong preference to always keep the property as one, and in the family, because we never want to nor intent to dispose of any property created by a split. The City suggested the only possible way to proceed was to request variances to allow us to subdivide. We were then informed that other ordinances passed even more recently prohibited us from proceeding without variances unless we upgrade the driveway to a city street and remove a lot of significant number of mature trees and vegetation which would negatively alter the character of the property. Rather than argue over the effective taking caused by new ordinances being put in place that we were not notified of, in the spirit of cooperation we proceeded down the track to subdivide. We ate willing to cooperate and do so even though it is our strong desire not to subdivide. We have had a updated survey completed and sited the proposed structure keeping in mind all things considered important about the character ofthe property. Subsequently, we are seeking approval of several variances which will allow us to maintain the character of the property, place the structure where it best fits without destroying a lot of mature vegetation, and likewise not allowing construction to do the same. These more recently passed ordinances don't allow private driveways any longer serving multiple lots without being constructed to the standards ofa city road. To do so would wipe out and destroy a large wooded area surrounding the current driveway which by the way is over a thousand feet long. Another more recently passed ordinance does not allow lot splits with less than 100 feet of street frontage and while we have just shy of four acres we only have about 70 feet of street frontage. Again due to a more recent ordinance passed, our proposed lot size of 15,000 square feet and house pad size (60'x 40') or 2400 square feet require variances only because of where we placed the structure. To move the structure from the current proposed location would either wipe out a lot mature woods one way, or a cluster of approximately 100 foot pines the other way. Ifwe move the structure approximately 30 feet to the west to avoid a variance it would wipe out the above mentioned pine cluster. SCANNED In that none of the variances impact setbacks from existing neighboring properties, we seek the approval of all necessary variances due to hardships at any number of levels. First, if our property right to add additional dwellings to our acreage had not been taken, no variances would be necessary. By cooperating with a lot split instead these variances are created. Each of these variances then necessitated by the split are being caused again by the elimination of or taking of our property rights through ordinances passed since we have owned the property, which we were never made aware of. Most importantly, to proceed with any plan other than the proposed would substantially alter and destroy much of the character of the property through the elimination and damages to mature wooded areas and vegetation. What we are proposing, given our acreage, will have no practical spill over effects to anyone else other than us. Our current hard surface coverage is 10.4% overall. Splitting off the lot changes the coverage on the primary lot to 11.4%. On the split lot or secondary lot the coverage would be 16%. SCANNED UHluINAL. REGISTERED LAND SURVEY NO. CARVER COUN1Y, MINNESOTA 109 R.L.S. FILE NO. 97 R. T. DOC. NO. T63214 'f>Hot</ELf/</E 0 F LOTuS- (..AK€ A5 OF JUNe', 1"'137 -_______ ~\J0 n \,.0 ~ t,~~ ",.... /.., I r-, ^ {I It { (~ (_11.._ l_ 'I v / /-J !_ (~-;JC:!C)L//E. I~J}- L Ci7-{_/::; 1'188" z.q.'ZO"W - ----849.Q9 ..... ----651.9') _n_ L ,{~~ ,~< [-: '+,\-.\.---- <S:> j_______ N\ i '" ~ ~ ~\ t" -' I,\\\~ '" _ -q- \l\ ~\I" ~ ~\~ ":> - ,(\ -t.\ \ \ " ~,' TRACT ..-~~ 54.00 Ib8.00 ~~ T~ACT. G\~ ij; N B ..(-.l)~ () () "', !. ~ \ ,,: I.'\W~" ~ ':l Nb~?-"7__ -J>. \ l'"' ~Jl''' t} "l <f8'<"~'i.o~~-;-l"'''' \ :. II ~~ " ~ ('1 1_', :';"~, _1 'l'''J~ ~ .-" ,.J5.t;>1f4 ~ ;:. i'.. I 30.(4. :;6---:' 42. {'4 ' '. .... 'I ./{(III"'~ M ''7 ( , ...-.......,." ;'Lal...L1t'}'-... 6so .00 a...::a..__.s ____ Vi',' r-'tI, 08' ".. 0$"'':> 'f=-~1I Z6"leu ~~ ".s-S- <5"0'0 (....CJr~/r:.- . <S's . IS 03',s. 0 L. \ SOo"'~ i.- '0 5<- o. o 06.. {, A '1 I" " .,y ~~', 4-\ " tl-" ....... ",,,,,1 I 1...../ q L- L.... /- '-... 3'2.~.7~ ,1)183" 0 "!-' Os",.. 1/, ,.- '""'" , ('j ~-) ,." 1""'-..- / '...... I , , :..-... (~ 'J I ) 1" t./ , I i/'-, I BE:NGH MAR.K.: ,O\" Of' fo1tJ, of I-lYORAt.1T Ai t-lE: QUAO~At-lT- VALLEY view f<.OAD ~ ""TATE HWY. 101. r=LEV." "3>1.54 FEET, Nc,VO-t':>2.9 1-l\6J.\EST Ki\lOWN LAKE ELEV. " $%.~ FEET C.U1<:.~e:f-..t\ W",-rE.f( ELEV." B~9.7 FE.EI (11/bj99) T~E. NDlZ'Tl-t LlNE. Of' LoT7 4f '5} 6LOC.K 3J KURVERS POtNT HAS AN AS7UMED e.eAR-I/-l6 Of N Beo 24' 2.0" W 00 100 I I SCRlE 200 I IN 300 I 400 I FEET . OEI'\OTES- IRON MONLlMe/lli FO ut-l I) o PE~Oif07 Yz INet{ I<. 14- \fo1C.1-\ \ R.O N. PIPE ~ET MAR-KeD E!>Y t..lceN-SE NO. \4100 I hereby certify that. in accordance with the provisions of Chapter 508, Minnesota Statutes of 1949. as amended, I have surveyed lhe following described property in the County of Carver, State of Minnesota to wit: Lot 4 and Lot 5, Block 3, KURVERS POINT. according to the recorded plat thereof. r-J That the survey shown hereon is a correct delineation of said survey. ~.MN>lESOTA This Registered Land Survey was approved and accepted by the City Council of the City of Chanhassen, Minnesota at a regular meeting thereof held this (p'ffi day of No-J~""""..oI2.. . 19..eel.. . d / CrTYCO~ILOFTHECI1YOFCHAN~.MINNESOTA B~/~ d . Mayor By . ........ +' ..... . Manager COUNTY SURVEYOR. Carver County, Minnesota Pursuant to Chapter 395, Minnesota Laws of 1971, this Registered Land Survey has been approved thisEtbday of November. 19M. . BY~~_____ Theodore Kemna. Carver County Surveyor COUNTY AUDITOR, Carver County, Minnesota I hereby certify that there are no de!ICJlent taxes for all years porior to 19!i!l transfer entered. Dated this....z:l-~ay of 1tr~~- ~~ ~ , ,19tt. "'S41/UJII ~I<'-' AI ~l I .. -1' County Auditor for land described on this Registered Land Survey and BY_~_~~'____ SCHOBORG COUNTY TREASURER, Carver County, Minnesota I hereby certify that the taxes PJlyable for the year 19 1'1 for land described on this Registered Land Survey have been paid on this~ay of ~"" , 19...fZ. D. F. Dahlke, County Treasurer By 'ci!f...~ REGISTRAR OF TITLES, Carver County, Minnesota 1)= I hereby certify that this Registered Land Survey was filed thls~ day of 17~. 19...u..:z... at .lL},Ja.o'clock-'l..M. NO SURVEYING Carl W. Hanson, Jr., Registrar of Titles INC. By G~&~ Auseth, Angie From: Sent: To: Subject: John Gleason [John.Gleason@dnr.state.mn.us] Friday, February 06, 2009 4:27 PM Auseth, Angie Request for Two-Lot Subdivision with Variances at 7160 Willow View Cover Dear Ms. Auseth~ I am writing in response to the memo you sent me dated January 26~ 2009 on the subject II Request for Two-Lot Subdivision with Variances [....] at 7160 Willow View Cover [...]. We are opposed to this lot subdivision if either or both of the resulting lots result in non-conforming lot dimensions (area or width). If a non-conforming lot results~ please review the City' s code regarding lot subdivisions and non-conforming lots in the Shoreland District. Although I saw no reference to an easement in the information you provided~ should that be included in the proposal~ we also recommend that no easement to the lake be granted to the non-riparian lot owner as non-riparian lake access can negatively effect water quality. Thanks you for the opportunity to comment on this proposal. If you have any questions~ please let me know. Regards~ Jack John (Jack) Gleason~ Area Hydrologist -West Metro MN DNR Waters n00 Warner Road St. Paul~ MN 55106 651-259-5754 (W) 651-772-7977 (F) John.Gleason~dnr.state.mn.us Visit our website at: http://www.dnr.state.mn.us/waters/index.html 1 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on February 5, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Senn Subdivision with Variances - Planning Case 09-02 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this &}+, day of(:; b(llfJ.fl{ ,2009. I .. KIM T. MEUWISSEN I ' Notary Public-Minnesota ~~... . 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ALFRED BERRY & GINA BERGAMINO BERRY 7023 CHEYENNE TRL CHANHASSEN MN 55317-7513 BRAD L & PAMELA S HARRISON 7018 CHEYENNE TRL CHANHASSEN MN 55317-9504 CHARLES L & KATHERINE J HIRT 7007 CHEYENNE TRL CHANHASSEN MN 55317-7513 CHRISTOPHER R MCGINTY & JANE A MCGINTY 7010 SANDY HOOK CIR CHANHASSEN MN 55317-9315 DALE H & NANCY A JOHNSON 7120 WILLOW VIEW CV CHANHASSEN MN 55317-7514 DOUGLAS H & JEANNE E MACLEAN 7280 KURVERS POINT RD CHANHASSEN MN 55317-7518 FRANKLIN J & MYRNA A KURVERS TRUSTEES OF TRUST 7220 KURVERS POINT RD CHANHASSEN MN 55317-7518 HENRY NEILS 7012 DAKOTA CHANHASSEN MN 55317-9583 JAMES A & MARILYN J CONNELLY 7008 CHEYENNE TRL CHANHASSEN MN 55317-9504 JAMES S & M CAROLYN ERNY 7008 SANDY HOOK CIR CHANHASSEN MN 55317-9315 -BARBARA A BURKE 7009 CHEYENNE TRL CHANHASSEN MN 55317-7513 BRADLEY A & ELIZABETH HAMILTON 7011 DAKOTA CHANHASSEN MN 55317-9583 CHARLES L & STACEY A MEHR 7022 DAKOTA CIR CHANHASSEN MN 55317-9581 CRAIG A & SANDRA A CARLSON 7271 KURVERS POINT RD CHANHASSEN MN 55317-7520 DANIEL J & KRISTEN A RYAN 7004 CHEYENNE TRL CHANHASSEN MN 55317-9504 ERIC & SOPHIE CHABIN 7130 WILLOW VIEW CV CHANHASSEN MN 55317-7514 GARY A & RUTH E ARENS 7140 WILLOW VIEW CV CHANHASSEN MN 55317-7514 HERBERT A LEPLATT & ELIZABETH J LAPLATT 7012 CHEYENNE TRL CHANHASSEN MN 55317-9504 JAMES HENRIK QUACKENBUSH JOANN M QUACKENBUSH 7241 KURVERS POINT RD CHANHASSEN MN 55317-7519 JASON G & JODI L RADEL 20 TWIN MAPLE LN CHANHASSEN MN 55317-7523 BENT V & ANNE-LISE PAULSEN 7013 DAKOTA CHANHASSEN MN 55317-9582 BRIAN & KIMBERLY L1EBO 7025 CHEYENNE TRL CHANHASSEN MN 55317-7513 CHRISTOPHER K LARUS & HEIDI M GARCIA 7018 DAKOTA CIR CHANHASSEN MN 55317-9581 CRAIG R & LAURIE K BURFEIND 7150 WILLOW VIEW CV CHANHASSEN MN 55317-7514 DAVID M & LAURIE C SUSLA 7008 DAKOTA CHANHASSEN MN 55317-9583 FRANK W JR & MARGARET M HETMAN 7014 DAKOTA CHANHASSEN MN 55317-9582 GERRY & SHIRLEY HUMPHREY 7251 KURVERS POINT RD CHANHASSEN MN 55317-7519 JACQUELINE D KURVERS 7240 KURVERS POINT RD CHANHASSEN MN 55317-7518 JAMES P WIRE 7024 DAKOTA CHANHASSEN MN 55317-9582 JEFFREY A & PIA E SCHUTT 40 TWIN MAPLE LN CHANHASSEN MN 55317-7523 JEFFREY B & KATHLEEN M GROVER 60 TWIN MAPLE LN CHANHASSEN MN 55317-7523 KURVERS POINT HOME OWNERS ASSN 7160 WILLOW VIEW CV CHANHASSEN MN 55317-7514 MARK S & SANDRA L CHRISTENSEN 7019 CHEYENNE TRL CHANHASSEN MN 55317-7513 MICHAEL J & MAUREEN D GREBIN 7151 WILLOW VIEW CV CHANHASSEN MN 55317-7515 ROBERT P BIRDWELL & KIMBERLY A BIRDWELL 7016 DAKOTA CIR CHANHASSEN MN 55317-9581 STEPHEN K & ELIZABETH LIEDTKE 7231 KURVERS POINT RD CHANHASSEN MN 55317-7519 WILLIAM L & SHERRI L HILLE 7131 WILLOW VIEW CV CHANHASSEN MN 55317-7515 JOHN D & MARGARET A ADIE 7011 CHEYENNE TRL CHANHASSEN MN 55317-7513 LEE R & JENNIFER A WALDRON 7020 DAKOTA CIR CHANHASSEN MN 55317-9581 MICHAEL & LYNN J MARRA 7007 DAKOTA CHANHASSEN MN 55317-9583 PAUL H LUEHR & KATHRYN M WOODRUFF 7012 SANDY HOOK CIR CHANHASSEN MN 55317-9315 ROBYN N & BARBARA S MOSCH ET 7006 CHEYENNE TRL CHANHASSEN MN 55317-9504 STEVEN M & MONICA M POSNICK 701 0 DAKOTA CHANHASSEN MN 55317-9583 KENNETH A & ANN H BLOCH 7015 DAKOTA CHANHASSEN MN 55317-9582 MARK 0 & SUZANNE SENN 7160 WILLOW VIEW CV CHANHASSEN MN 55317-7514 MICHAEL J & LISA J FARLAND 7261 KURVERS POINT RD CHANHASSEN MN 55317-7519 PETER J SPERLING & TRACY A WRIGHT SPERLING 7021 CHEYENNE TRL CHANHASSEN MN 55317-7513 SCOTT M & MARCIA A HIPPEN 7017 CHEYENNE TRL CHANHASSEN MN 55317-7513 STEVEN T MESTITZ & PEGGY L NAAS 7200 WILLOW VIEW CV CHANHASSEN MN 55317-7514 ~ ~ ~ ~ ~~ r- s.ch l:> ~~ ....1 ~ !ooI Ocn ~~ ~- :z: (1)2 l::l~ 0 910 ~~ s~ ::i ,!)~ @:n ~::o ~ Cljc;) 91 ~<: COf:q I::) o ..... 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