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Application City of Chanhassen Request for Conditional Use Permit Statement on compliance with the following twelve general standards for conditional uses permits: a.Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The Project - a Boulder Retaining Wall along the rear of the home located below an existing boulder wall will in no way be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The project will reduce runoff to the ravine to the east and Bluff Creek to the south. The project will mitigate existing erosion conditions by reducing and capturing the volume of runoff that now exists. Partial reforestation will be accomplished with the guidance and assistance of the Water Resource Manager. Plantings on and below the wall will control erosion and lessen the flow of runoff. The project will have a positive effect on the neighborhood and city by protecting Bluff Creek from the introduction of runoff. b.Will be consistent with the objectives of the city’s comprehensive plan and this chapter. The project is consistent with the objectives of the city’s comprehensive plan and this chapter. c.Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The Boulder Wall made of glacial granite boulders will blend nicely with the rural/natural feel of the neighborhood. The existing area in the rear of the home was “clear cut” before the current owner took ownership and before the Bluff Creek buffer zone was established. The goal of the project is to control the erosion and run off that is currently an issue. The wall will be planted with species that have characteristics that lessen run off and hold the soil in place. d.Will not be hazardous or disturbing to existing or planned neighboring uses. The Project located in the rear of the residence will not be hazardous or disturbing to existing or planned neighborhoods. The residence sits on the bluff overlooking and adjoining Bluff Creek. The existing neighborhood is zoned A2. The project will be beneficial to the bluff and creek by controlling erosion and runoff. e.Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The essential public facilities and services are already in existence. f.Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The project will not create excessive requirements of public facilities and services and is not detrimental to the economic welfare of the community. By protecting the Bluff Creek resource the Project will boost the economic welfare of the community. g.Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The project will not involve any activities, processes, materials, equipment and conditions of operation detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h.Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The existing vehicular approaches to the property will not be affected and do not create traffic congestion or interfere with traffic or surrounding public thoroughfares i.Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The project will improve natural and scenic features of the area by controlling erosion now in existence and adding vegetation. There is no loss of, or damage to solar access, scenic or historic features. j.Will be aesthetically compatible with the area. The project made of natural materials will be compatible with the aesthetics of the area. k.Will not depreciate surrounding property values. The project will only improve the surrounding area by reducing the amount of erosion and run off to Bluff Creek, protecting this valuable resource. l.Will meet standards prescribed for certain uses as provided in this article. The project will meet standards prescribed for certain uses as provided in this article. LANDSCAPING AND TREE REMOVAL 1.Plot plan locating and labeling by name and size all existing landscape material including botanical name, common name, size and condition. The noxious weed Cocklebur is the predominate plant on the hillside and there are no existing landscape material. 2.Plot plan indicating new landscape materials (including botanical name, common name, installation size and quantities of new materials) existing landscape materials to be saved and other physical improvements on the site, irrigation systems and methods for protecting existing materials during construction. Submitted 3.Elevation and/or cross sections may be required. 4.Statement on how applicant will comply with tree removal regulations. No tree removal is necessary 5.Statement on how plans meet the specific landscaping regulations for the following: a.Perimeter landscaping Not applicable b.Interior landscaping for vehicular use. Not Applicable c.Landscaping for service structure. Not Applicable d.Installation and maintenance. Plant installation will be performed per the Minnesota Landscape and Nursery Association acceptable standards. No extraordinary maintenance practices will be necessary. City of Chanhassen Request for Variance Written description of variance request. To construct a Glacial Boulder Wall below an existing boulder wall to control runoff and erosion in the rear of home that lies in the Bluff Creek Bluff buffer Zone. The home was built on the bluff before the buffer zone ordinance was enacted and now encroaches on current set backs. The existing conditions, which are worsening are a result of the slope being “clear cut” prior to the present ownership. The project will mitigate existing erosion conditions by reducing and capturing the volume of runoff that now exists. The project will mitigate the impact of the original construction prior to the bluff ordinance and to protect Bluff Creek from further contamination. Written justification of how request complies with the findings for granting a variance (pursuant to Section 20-58) as follows: a. That the literal enforcement of this chapter would cause 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 and develop neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. The project will secure the foundation of the home by reinforcing the first wall and correcting severe erosion conditions. The project will reduce runoff to the ravine to the east and Bluff Creek to the south. The project will mitigate existing erosion conditions by reducing and capturing the volume of runoff that now exists. The project will mitigate the impact of the original construction prior to the bluff ordinance and to protect Bluff Creek from further contamination. b.The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. This is a unique circumstance where the home was constructed before the Bluff setback ordinance was enacted in 1990 and now sits in the setback. c.The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. The purpose of the request for variance is to mitigate existing erosion and runoff conditions by reducing and capturing the volume of runoff that flows into Bluff Creek. d.The alleged difficulty or hardship is not a self created hardship. The Hardship was not self created it is a pre-existing condition created before the ordinance was enacted. The project will mitigate the impact of the original construction prior to the bluff ordinance and to protect Bluff Creek from further contamination. e.The granting of the variance will not be detrimental to the public welfare of injurious to other land or improvements in the neighborhood in which the parcel is located. The granting of the variance will not be detrimental to the public welfare of injurious to other land or improvements in the neighborhood in which the parcel is located. On the contrary it will be beneficial to the health of Bluff Creek and enhance the overall esthetics neighborhood. 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 increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. g.The project will neither impair an adequate supply of light and air to adjacent property nor substantially increase the congestion of the public streets or increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The goal is to protect Bluff Creek from further contamination.