Loading...
4 Variance 510 Bighorn DriveCITY PC DATE: 1/16/01 CC DATE: 2/12/01 REVIEW DEADLINE: 2/13/01 CASE #: 00-15 VAR By: Hoium STAFF PROPOSAL: LOCATION: APPLICANT: REPORT Request for a 17 foot variance from the-50 foot tributary setback and a 16 foot variance from the 91 foot lakeshore setback as established by the existing structure located at 490 Bighorn Drive for the -. construction of a single family home and deck. Lot 11, Block 1, Shadowmere 500 Bighorn Drive Dean & Sue Stanton 510 Bighom Drive Chanhassen, MN 55317 PRESENT ZONING: 2020 LAND USE PLAN: ACREAGE: RSF, Single Family Residential Residential-Low Density 33,837 square feet, (0.78 acres) DENSITY: N/A SUMMARY OF REQUEST: The applicant is requesting a 17 foot variance from the 50 foot tributary setback and a 16 foot variance from the 91 foot lakeshore setback as established by the existing structure located at 490 Bighorn Drive for the construction of a single family home and deck. Notice of this public hearing has been mailed to all property owners within 500 feet. 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 variance. The City has a relatively high level of discretion with a variance because of the burden of proof is on the applicant to show that they meet the standards in the ordinance. Stanton Variance January 16, 2001 Page 2 APPLICABLE REGUATIONS Section 20-481 (a) requires that all structures be setback seventy-five (75) feet from recreational development lakes. In addition, when a structure exists on a lot on either side of the property, the setback of a proposed structure shall be the greater of the distance of the 75 foot structure setback or the setback of the existing structure (91 feet). Section 20-481 (a) states that structures be setback 50 feet from tributaries. BACKGROUND Shadowmere is a subdivision consisting of 27 single-family residential lots located on the west side of Lotus Lake. The subdivision received final plat approval from the Chanhassen City Council on August 17, 1987. This property, Lot 11, Block 1, is an L-shaped riparian lot in the northeast comer of the subdivision that has not been developed. The lot is approximately 33,840 square feet (0.78 acres) in size. During the city subdivision review process, this was deemed a buildable lot. The topography of the site does limit the buildable area. The western portion 0fthis property contains slopes that range from a high elevation of 915 to a low of 900 where a storm water pond was constructed in conjunction with the subdivision. A creek runs along the north side of the lots north of Bighorn Drive and is located on the northern portion of this lot. A drainage and utility easement, created to preserve the pond and portions of the creek, is located on the entire western half of the property which precludes building on this portion of the lot. There is approximately 95 feet of lakeshore on the eastern portion of the lot. The following photos show the property in greater detail. View to South View to West Stanton Variance January 16, 2001 Page 3 View to Northeast View to West, Lotus Lake ANALYSIS The applicant is requesting a 17 foot variance from the 50 foot creek setback and a 16 foot variance fi'om the 91 foot lakeshore setback. The applicant is proposing a 2~story with a walkout home containing approximately 3988 sq. ft. of living area. The proposed building pad is approximately 2,542 sq. ft which includes a 3-car garage. Portions of the proposed structure, the entry walk, and retaining walls project 17 feet into the 50 foot creek setback. The home is proposed to be 75 feet from the ordinary high water level of Lotus Lake. Permitted Use This site is zoned RSF, Single Family Residential. A single family home can be legally constructed on this site. The ordinance requires at least 600 sq. ft. of living area on the first floor for a two-story design. The zoning ordinance (Section 20-1124 (d) f) also requires two parking spaces for a single family home, both of which must be completely enclosed. As stated in Section 20-905, all single family homes must provide a two-car gm'age. Reasonable Use A reasonable use is defined as the use made by a majority of comparable property within 500 feet. A "use" can be defined as "the purpose or activity for which land or buildings are designed, an'anged or intended or for which land or buildings are occupied or maintained." In this case, because it is in a RSF zoning district, a reasonable use is a single family home with a ~,o-sta// garage. A variance is granted when a hardship is present. That is, the property owner cannot make a reasonable use of the site without relief from the ordinance. The buildable area on this lot (approximately 3,880.4 sq. ft.) is constrained by the literal enforcement of the zoning ordinance. The required lakeshore setback limits the buildable area, thus the property owner does not have the opportunity to make a reasonable use of the site without a variance from the 91-foot lakeshore setback. In this instance, if a variance from the lakeshore setback is granted, Stanton Variance January 16, 2001 Page 4 the property owner could have reasonable use of the site without an additional variance from the creek setback. Lake Shore Setback Lotus Lake is a recreational development lake and is protected by the Minnesota Department of Natural Resources (DNR). The DNR has set standards for setbacks on protected waters, which have been adopted by the City of Chanhassen. The setback for sewered structures on recreational development lakes is 75 feet. In addition, Section 20-481 of the city ordinance states that "when a structure exists on a lot on either side of the lot in question, the setback of a proposed structure shall be the greater of the 75 foot setback or the setback of the existing structure on the adjacent lot." Adopted in 1994, the intent of this ordinance is to protect the views of the lake. The adjacent lot to the south, located at 490 Bighorn Drive, has a structure located 91 feet from the lake. A 16 foot variance from the lakeshore setback should not significantly impact the site views of the property to the south because the structure adjacent to Lot 11 is a garage. The structure on the adjacent property to the north is greater than 500 feet from the lakeshore. If the 500 feet were entered into the calculation, the subject lot would become unbuildable. (Furthermore, staff has received numerous inquiries regarding the subdivision of the property to the north, 610 Carver Beach Road which is north of this property). Requiting the applicant to meet the 500 foot setback is unreasonable since there are no line of site issues for the house. Instead, the applicable setback should be that of properties similar in size and character such as the property to the south. Therefore, staff believes the requested lakeshore setback as required by section 20-481 is 91 feet. Using the 91 foot lakeshore setback, 50 foot creek setback, and 10 foot side yard setbacks provides a building area of 2,648 sq. ft. The ordinance requires a 600 sq. ft. house pad plus a 2-car garage for a two story house design. A reasonable use of this site is a single-family home with a two-stall garage, however this would not fit within the setbacks of the site. Creek Setback A staff report from May 13, 1987 states that "the plat has identified a 'creek slope line' through Lots 1 through 11. It is necessary to retain a drainage easement over the area so that no building activity occurs below this line." At the time of f'mal plat approval, however, a 50 foot setback from the centerline of the creek was not mentioned. According to plans on file, the creek slope line is just over 50 feet from the center of the creek. Applying the now required 50 foot setback bom a tributary creek would be no more constraining than what was originally approved. Neighborhood Setbacks Staffreviewed the original subdivision plans along with surveys of lots within 500 feet and concluded that all structures within the subdivision fall outside of the creek protection setback, and thus meet with the original conditions of the plat. One condition as adopted by the City Council on Stanton Variance January 16, 2001 Page 5 June 1, 1987 states, "an appropriate easement shall be dedicated to preserve the creek area from encroachment by abutting property owners." To comply with this condition the developer established a "creek slope line" to restrict encroachment of buildings on Lots 1 through 11 along the creek. In addition, as stated in the Development Contract, a drainage easement was also provided across this area (See attachments 5, 6 & 7). FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: 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 this criteria. Finding for Lakeshore Variance: The literal enforcement of the 91-foot lakeshore setback ordinance for this property does create a hardship. When originally platted, prior to the adoption of the ordinance, the proposed building pad was placed in the same location. Strict enforcement of the ordinance would not allow room for a 60 x 60 foot building pad, thus creating an unbuildable lot. Finding for Creek Variance: The literal enforcement of the zoning ordinance does not create an undue hardship. The property can reasonably accommodate a single-family home and a two car garage that meets the requirements of the zoning ordinance. The large house pad chosen by the applicant does not fit on this parcel. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding for Lakeshore Variance: This is the last vacant lot within Shadowmere subdivision. When the subdivision was approved, the ordinance requiring structures to be setback from the lake the distance of structures on abutting properties was not adopted. This property was platted to have a building 75 feet from the lake as was required by the DNR standards. Finding for Creek Variance: All properties that abut a creek or tributary must maintain a 50 foot setback as required by the DNR. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Stanton Variance January 16, 2001 Page 6 de Finding for Lakeshore Variance: Staff does not believe the sole intent of this request is to increase the values of the parcel. The purpose of this variance is to allow a home to be built on this property as permitted by ordinance. The required 91 foot setback would create a situation where it would be impossible to fit a reasonable building pad within the required setbacks. Finding for Creek Variance: Staff does not believe the sole intent of this request is to increase the value of this parcel, however the proposed home will increase the value of the property. A smaller home can reasonable be constructed on this property. The alleged difficulty or hardship is not a self-created hardship. Finding for Lakeshore Variance: This lot was platted in 1987 prior to the adoption of the ordinance, so the hardship is not self-created. Finding for Creek Variance: The hardship is self-created. The applicant's desire to construct a large home on a limited building area created the variance request. A smaller house pad with a two car garage would complement the lot. 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 for Lakeshore Variance: 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. At least 2 properties within 500 feet of the site contain structures located a distance of 75 feet away from Lotus Lake. These are located at 481 & 491 Bighorn Drive. Two additional properties within 500 feet of the site have structures that are less than 90 feet from Lotus Lake. These include 480 & 471 Bighorn Drive (Attachment 8). Finding for Creek Variance: Granting the variance would decrease the creek setback from 50 feet to 33 feet. The City is responsible for maintenance of the creek to ensure it continues to function as a part of the City's storm water infrastructure. Persons operating maintenance equipment typically require 30-40 feet between the creek bed and the nearest structure. Granting the variance may be injurious to the City's ability to access the creek to protect the public welfare. 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 for Lakeshore Variance: 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. Stanton Variance January 16,2001 Page 7 Finding for Creek Variance: 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. RECOMMENDATION Staff recommends the Planning Commission adopt the following motions: "The Planning Commission approves the request for a 16 foot variance from the 91 foot lakeshore setback for the construction of a single family home, and subject to the following conditions: , Erosion control must be maintained until all vegetation has been restored. The basement of the home must be 3 feet above the ordinm~j high water level of the lake. Extend the drainage and utility easement over the creek to protect and preserve the creek area. "The Planning Commission denies the request for a 17 foot variance from the required 50 foot creek setback for the construction of a single family home on Lot 11, Block 1, Shadowlnere, based upon the following' The applicant can construct a single-family home within the required setbacks without a variance." Attachments , 2. 3. 4. 5. 6. 7. 8. Application and letter Public Hearing Notice Relevant portions of zoning ordinance Site plan and elevations Conditions of Approval Development Contract, Caver Beach Creek Protection Drainage & Utility Easements on Plat Neighboring lake setbacks. g:\pl an\j h',.proj ects\variance\var, stanton 1 - 16.doc Attachment 1 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APplICANT: Dean & Slip. ,qt-,,-3ni-nn ADDRESS: 51 0 Bighorn Drive C. hanha~q.q~=n, MN ~r-,'~l 7 TELEPHONE (Day time) ((512) 850 7507 OWNER: ADDRESS: TELEPHONE: ( 9 5 2 ) Chanhasson, MN 55317 937-1207 - Comprehensive Plan Amendment Conditional Use Permit __ Temporary Sales Permit Vacation of ROW/Easements Interim Use Permit x variance Non-conforming Use Permit Planned Unit Development* Wetland Alteration Permit Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits ,. Sign Plan Review Site Plan Review* X Notification Sign Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPR/VACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE $ - A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. "Twenty-six full size folded copies of the plans must be submitted, including an 8Y2" X 11" reduced copy of Iransparency for each plan sheet. Escrow will be required for other applications through the development contract ,NOTE -When muttiple applications are processed, the appropriate fee shall be charged for each application. ~ROJECT NAME LOCATION 1 lZGAL D£SCRIPTION _ Stanton Rm~id~nm~ 500 Bighorn m~v~, Chanhasses, Lot 1, Block 1, ahadowmara MN 55317 /OIAt ACREAGE .7944A ~S PRESENT R-SF P~ZONING = REQUESTED ZONING N a YES x NO (Residential Single Family) PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION NA REA$ONFORTHISREQUEST Variance to setback for construction of new residence. · -']'his 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 Deparime~ to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written .notice of application deficiencies shall be mailed to the applicant within ten business days of application. 'Th'i~; is to cert~y 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 applica!ion should be processed in my name and I am the party whom 1he 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 applic~ion and the fee owner has also signed this application. ! -w~ 'keep my,serf 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. The documents and information 1 have submitted are true and correct to the best of my 2a~o~ge. . The c'~ hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is .notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Si.g0ature d Applicant ~ .~, Si.gna~re of Fee Owner App]icafon Received on Fee Paid Receipt No. The appTicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. Architects, Inc. www. SALAarc.com MINNEAPOLIS, MN 43 Main Street SE Suite 410 55414 Tel (612) 379 3037 Fax t. 612) 379 0001 Timothy Fuller Joseph G. Metzler Dale Mulfinger Jean Larson Eric Odor STILLWATER, MN 904 South 4th-Street 55082 Tel (651) 351 0961 Fax (651) 351 7327 Katherine A. Carlrette Kelly R. Davis Michaela Mahady ~ ~, i-,, ,,~ r,, I~ .*-, ~,, .~ City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 December 14, 2000 Planning Department - City of Chanhassen Ref: Variance Request Proposed Stanton residence 500 Bighorn Drive Chanhassen, MN · We are requesting a variance to the 50' setback from the centerline of the creek to enable construction of a new residence on Lot 11, Block 1 of the Shadowmere. development. The proposed structure and entry retaining walls will project into the setback varying amounts with the maximum distance being 17'-0". Please refer to attached'plans. We believe this variance is justified for the following reasons: This property, because of its topographY and setback restrictions, cannot be put to reasonable use without the variance. The unusually shaped buildable footprint, within the setbacks, is 3,880.4 sq.ft, or 8.8% of the total lot area. All of the properties within 500 feet of this property are homes of comparable size or larger. All of the homes within 500 feet in Shadowmere have three-car garage's. Our intent is to blend with the existing standards to the greatest extent possible. Three properties within 500 feet have portions of their buildings or separate buildings that are within the 50' setback by the following approximate distances: 510 Bighorn Drive - -29' to deck 520 Bighorn Dr. - - 43'-6" to retaining wall 610 Carver Beach Rd. - - 30' to porch structure. This request does not, therefore, set precedent. The buildable area, as defined by setbacks, is 8.8% of the total area of the lot. We are proposing a total hardcover of 14.6% of the lot area with regulations permitting 25% hardcover for this property class. The design demonstrates a reduced use of land and will have a minimal effect on the existing natural features of this property and adjacent properties. · The proposed structure will be lower than nearby structures and, therefore, its presence will not obstruct views or impair supply of light or air for existing neighbors. Thank you for ),our consideration of this request. )E0 15 ZOO0 NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JANUARY 16, 2001 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE Attachment 2 PROPOSAL: Vadance for the Construction of a Single Family Residence APPLICANT: Dean and Sue Stanton LOCATION: 500 Bighorn Drive NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants, Dean and Sue Stanton, are requesting a 50 foot setback variance from the center of the creek and a variance to the lake shore setback to permit construction of a single family home located Lot 11, Block 1, Shadowmere, 500 Bighorn Drive. What Happens at the Meeting' The purpose of this public headng 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: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing_is dosed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall dudng office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Julie at 937-1900 ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. 'Notice of this public hearing has been published in the Chanhassen Villager on January 4, 2001. gl Lotus Lake . , / Smooth Feed SheetsTM Use template for 5160® ALAN LANG CARVERBEACHRD ~NHASSEN MN 55317 JOSEPH M & MARGERY M PFANKUC 6611 HORSESHOE CRV CHANHASSEN MN 55317 FRONTIER TRAIL ASSN C/O WILLIAM KIRKVOLD 201 FRONTIER CT CHANHASSEN MN 55317 IERT lAN AMICK FOX HILL DR ~NHASSEN MN 55317 PETER J & KATHERINE S DAHL 220 FRONTIER CT CHANHASSEN MN 55317 ROBERT H & SALLY S HORSTMAN 7343 FRONTIER TRL CHANHASSEN MN 55317 ,~STANCE M CERVILLA CARVER BEACH RD ~NHASSEN MN 55317 JOHN R & KRISTI J SESTAK 7417 FRONTIER TRL CHANHASSEN MN 55317 CARVER BEACH PROPERTIES C/O ADRIAN JOHNSON 332 2ND ST EXCELSIOR MN 55331 ~E OF MINNESOTA-DNR SPEC. - BUREAU OF R E MGMT ~AFAYETTE RD AUL MN 55155 RICHARD J GILLESPIE & MICHELE M KOPFMANN 7415 FRONTI ER TRL CHANHASSEN MN 55317 PETER A MOSCATELLI 102 SANDY HOOK RD CHANHASSEN MN 55317 N C ARMITAGE & NDA K \VARNER & MONA J KAH VINE\VOOD LN N RD MOUTH MN 55441 ROGER & MARJORIE L KARJALAHTI 7413 FRONTIER TRL CHANHASSEN MN 55317 DANIEL A & MARILYN BOECKERMAhJ 14980 IRON\VOOD CT EDEN PRAIRIE MN 55346 RY & GEORGETTE SOS1N CHANItASSEN RD .NHASSEN MN 55317 TttOMAS \V HAROLD 7411 FRONTIER TRL SW CHANHASSEN MN 55317 SCOTT D NELSON & CATHY HULL NELSON 106 SANDY HOOK RD CHANHASSEN MN 55317 · L SWANSON 2ARVER BEACH RD .NHASSEN MN 55317 ROBERT M & LILLIAN H SOMERS 7409 FRONTIER TRL CHANHASSEN MN 55317 THOMAS V & DARLEEN TURCOTTE 108 SANDY HOOK RD CHANHASSEN MN 55317 L J & KARl J ROMPORTL & LIAM G & VON CILE GARENS :ARVER BEACH RD .NHASSEN MN 55317 BLAIR PETER ENTENMANN & NANCY ENTENMANN 7407 FRONTIER TRL CHANHASSEN MN 55317 MARK C & NANCY A ENGASSER 7000 DAKOTA AVE CHANHASSEN MN 55317 L T EIDSNESS }REA S JOHNSON 2ARVER BEACH RD NHASSEN MN 55317 LORNA G TARNOWSKI 7405 FRONTIER TRL PO BOX 382 CHANHASSEN MN 55317 STEVEN M & MONICA M POSNICK 7010 DAKOTA AVE CHANHASSEN MN 55317 MOND P & ALICIA L BROZOVIC HORSESHOE CRV NHASSEN MN 55317 GEORGE J & DIANNE H PRIEDITIS 7401 FRONTIER TRL CHANHASSEN MN 55317 HENRY & SANDRA NEILS 7012 DAKOTA AVE CHANHASSEN MN 55317 Smooth Feed SheetsTM Use template for 5160® :RANK W JR & MARGARET M HETM 7014 DAKOTA AVE 2HANHASSEN MN 55317 CAROLYN BL©OMBERG 7008 DAKOTA AVE CHANHASSEN MN 55317 CHARLES R & JUDY L PETERSON 708 LAKE PT CHANHASSEN MN 55317 ~2VAN M NIEFELD 7016 DAKOTA CIR 2HANHASSEN MN 55317 BRIAN H & JEANNE M BATZLI 100 SANDY HOOK RD CHANHASSEN MN 55317 DENNIS ZHU & ZUO ZHI 716 LAKE PT CHANHASSEN MN 55317 2HRISTOPHER K LARUS & tEIDI M GARCIA '018 DAKOTA CIR }HANHASSEN MN 55317 JAY H & SHELLEY H STROHMAIER 80 SANDY HOOK RD CHANHASSEN MN 55317 MICHAEL A & JANET A STANZAK 724 LAKE PT CHANHASSEN MN 55317 ~.OBERT B & SUE MIDNESS 12 SANDY HOOK RD .'HANHASSEN MN 55317 LOTUS LAKE BETTERMENT ASSN 105 SANDY HOOK RD CHANHASSEN MN 55317 TERRY D & DEBRA L VOGT 732 LAKE PT CHANHASSEN MN 55317 'HOMAS & MARILYN PALMBY 14 SANDY HOOK RD ?HANHASSEN MN 55317 WILLIAM & IVY KIRKVOLD 201 FRONTIER CT CHANHASSEN MN 55317 TODD D ELFTMANN & SUSAN L ERICKSON-ELFTMANN 740 LAKE PT CHANHASSEN MN 55317 ~,'ILLIAM & MARJORIE SPLIETHOFF 041 GULFSHORE BLVDG12 ~APLES FL 34103 GREGORY DEAN CRAY 200 FRONTIER CT CHANHASSEN MN 55317 BARBARA L HEDLUND 748 LAKE PT CHANHASSEN MN 55317 .OBERT B & SUE M1DNESS 12 SANDY HOOK RD 'HANHASSEN MN 55317 DAVID B SANFORD & MARIANNE M MCCORD 6440 FOX PATH CHANHASSEN MN 55317 BARBARA L HEDLUND 748 LAKE PT _.~'~~-'~'-'~ OBERT J & LYNELL J AHLSTROM 09 SANDY HOOK RD HANHASSEN 1VFN 55317 THOMAS M & SUSAN J HUBERTY 6450 FOX PATH CHANHASSEN MN 55317 DANIEL J & JACQUELINE HAMMETT 7506 ERIE AVE CHANHASSEN MN 55317 :ANCY A ENGASSER 000 DAKOTA AY_E-----'--'----~---'-" 'H rAAsLt=FA-$S~ MN 55317 MICHAEL & DEBRA HAYDOCK 6460 FOX PATH CHANHASSEN MN 55317 CATHERINE S HISCOX 7500 ERIE AVE CHANHASSEN MN 55317 !ENrN1S J & TONIE FLAHERTY 304 DAKOTA TRL ttANHASSEN MN 55317 KE1TH M & MARY BETH HOFFMAN 6470 FOX PATH CHANHASSEN MN 55317 DENNIS C & JANIS I FISHER 7501 ERIE AVE CHANHASSEN MN 55317 Smooth Feed SheetsTM MELA V RICHARDS KURVERS POINT R NHASSEN MN 55317 RONALD C & SHAWN P HAINES 7340 KURVERS POINT R CHANHASSEN MN 55317 Use template for 5160® DOUGLAS J & LANA HABERMAN 520 PLEASANT VIEW RD CHANHASSEN MN 55317 BARBARA GOODWIN 96TH ST W OMINGTON MN 55438 CHARLES ALLEN APPLEGATE & SUSAN R APPLEGATE 7360 KURVERS POINT R CHANHASSEN MN 55317 JOHN R & KATHLEEN A VONWALTE 510 PLEASANT VIEW RD CHANHASSEN MN 55317 'NY J & BRENDA L VATLAND KURVERS POINT R NHASSEN MN 55317 CHARLES ALLEN APPLEGATE & SUSAN R APPLEGA~~ 7360 KU~.R. kZE-RSWOINT R ..C. HA~HASSEN MN 55317 ROBERT L & SANDRA J POST 489 PLEASANT VIEW RD CHANHASSEN MN 55317 'GLAS R & JEANNE E MACLEAN KURVERS POINT R NHASSEN MN 55317 SEYMOUR S RESNIK 7370 KURVERS POINT R CHANHASSEN MN 55317 MICHAEL & KATHRYN SCHWARTZ 469 PLEASANT VIEW RD CHANHASSEN MN 55317 VIN & JACQUELINE D KURVERS KURVERS POINT R NHASSEN MN 55317 qKLIN J & MYRNA A KURVERS '3TEES OF TRUST KURVERS POINT R NHASSEN MN 55317 ALAN W & CAROL LENHART 6575 PLEASANT VIEW CHANHASSEN MN 55317 KENTON D KELLY 6539 GRAY FOX CRV CIIANHASSEN MN 55317 JANICE L ANDRUS 449 PLEASANT VIEW RD CHANHASSEN MN 55317 RANDY R & RAYMA LEE SMITH 429 PLEASANT VIEW RD CHANHASSEN MN 55317 /EN T MESTITZ & 3Y L NAAS WILLOW VIEW CV NHASSEN MN 55317 CITY OF CHANHASSEN C/O SCOTT BOT~ 690 CIT~ERDR PO BOX 147 C_~J-tA'NHASSEN MN 55317 JOHN R & CAROL W HAMMETT 6697 HORSESHOE CRV CHANHASSEN MN 55317 'OF CHANHASSEN ¢COTT BOTCHER ~ :ITY CENT~O BOX 147 N_..HAJ:BS~J~ MN 55317 ALAN & LINDA K KRAMER 531 INDIAN HILL RD CHANHASSEN MN 55317 CHARLES C & JANET C HURD 6695 HORSESHOE CRV CHANHASSEN MN 55317 VERS POINT HOMEOWNER ASS VlELVIN KURVERS CHANHASSEN RD NHASSEN MN 55317 HARVEY W & KAREN E ROBIDEAU 540 PLEASANT VIEW RD CHANHASSEN MN 55317 SANDRA LEE OLSON 6691 HORSESHOE CRV CHANHASSEN MN 55317 CED A & SUSAN K HENDERSON KURVERS POINT R NHASSEN MN 55317 THOMAS M & NANCY S SEIFERT 600 PLEASANT VIEW RD CHANHASSEN MN 55317 JOHN & BEVERLY RYAN 6685 HORSESHOE CRV CHANHASSEN MN 55317 Smooth Feed SheetsTM Use temptate for 5160® HELEN R HARTMANN 5687 HORSESHOE CRV 2HANHASSEN MN 55317 CYNTHIA ANrN BRICTSON 6613 HORSESHOE CRV CHANHASSEN MN 55317 JOHN P & JANE THIELEN 665 PLEASANT VIEW RD CHANHASSEN MN 55317 DORIS A ROCKWELL 5677 HORSESHOE CRV 2HANHASSEN MN 55317 JOHN D & ANN M DANIELSON 6607 HORSESHOE CRV CHANHASSEN MN 55317 BENJAMIN S & SUZANNE HOARN 6745 AMHERST LN EDEN PRAIRIE MN 55346 !EFFORIE A KVILHAUG & !UDILYN W KVILHAUG 5681 HORSESHOE CRV 2HANHASSEN MN 55317 CURTIS G & CHERI L ANDERSON 500 PLEASANT VIEW RD CHANHASSEN MN 55317 JOHN T & RUTH E SCHEVENIUS 570 PLEASANT VIEW RD CHANHASSEN MN 55317 )AVID & BEVERLY KOPISCHKE 3675 HORSESHOE CRV _'HANHASSEN MN 55317 HAROLD G & KATHRYN M DAHL 6631 HORSESHOE CRV CHANHASSEN MN 55317 MARK O & SUZANNE SENN 7160 WILLOW VIEW CV CHANHASSEN MN 55317 (ORIKO M PRICE ;663 HORSESHOE CRV .'HANttASSEN MN 55317 PHILIP O & LUDMILLA J ISAACSON 6633 HORSESHOE CRV CHANHASSEN MN 55317 JOHN & JANIS R NICOLAY 608 PLEASANT VIE\V RD CHANHASSEN MN 55317 -~VELYN ALBINSON i655 HORSESHOE CRV ~'HANHASSEN MN 5531'7 DOUGLAS J & ELIZABETH K BITNEY 6645 HORSESHOE CRV CHANHASSEN MN. 55317 GARY J SCHNEIDER & CYNTHIA CALHOUN SCHNEIDER 640 PLEASANT VIE\V RD CHANHASSEN MN 55317 AMES K MCCLEARY i661 HORSESHOE CRV 2HANHASSEN MN 55317 FRANK A & DONNA I54 KUZMA 6651 HORSESHOE CRV CHANHASSEN MN 55317 NEAR MOUNTAIN LAKE ASSN INC 610 PLEASANT VIEW RD CHANHASSEN N/IN 55317 AMES K MCCLEARY ;661 HORSESHOE CR~ '~~ MN 55317 SUNRISE HILLS C/O CHARLES ROBBINS 7340 LONGVIEW CIR CHANHASSEN MN 55317 THOMAS M 8: NANCY S SEIFERT 600 PLEASANT VIEW RD CHANHASSEN MN 55317 JADD R & SUSAN M CONRAD ;625 HORSESHOE CRV '~HANHASSEN MN 55317 THOMAS A & JUDY R MEIER 695 PLEASANT VIEW RD CHANHASSEN MN 55317 RONALD E & LEANNE HARVIEUX 6605 HORSESHOE CRV CHANHASSEN 5,454 55317 AMES E & ELEANOR KEIPER ;615 HORSESHOE CRV ~'HANHASSEN MN 55317 JOHN P & JANE THIELEN 665 PLEASANT VIEW RD CHANHASSEN MN 55317 ROBERT & LINDA SATHRE 365 PLEASANT VIEW RD CHANHASSEN 5,45'4 55317 Smooth Feed SheetsTM Use template for 5160® diN C & NANCY E DREISSIGER BIGHORN DR S, NFIASSEN MN 55317 MARTIN IMMERMAN & ANN HOGAN 481 BIGHORN DR CHANHASSEN MN 55317 MARY C MAURICE & SANDRA M SEDO 7644 SOUTH SHORE DR CHANHASSEN MN 55317 iNK P & BONNIE L FILKO BIGHORN DR ~,NHASSEN MN 55317 LEONARD P & NANCY M KISKIS 491 BIGHORN DR CHANHASSEN MN 55317 THOMAS W & PAMELA C DEVINE PO BOX 714 CHANHASSEN MN 55317 )RGENE M SORENSEN BIGHORN DR kNHASSEN MN 55317 LEONARD P & NANCY M KISKIS 491 BIGHORN DR CHANHASSEN MN 55317 STEVEN A & CAROL K DONEN 7636 SOUTH SHORE DR CHANHASSEN MN 55317 HARD & SANDRA MONSETH BIGHORN DR kNHASSEN MN 55317 PATRICK J & CAROL L SMITH 511 BIGHORN DR CHANHASSEN MN 55317 LINDA WILKES 7632 SOUTH SHORE DR CHANHASSEN MN 55317 kRLES & ANNETTE BUENGER ~BIGHORN DR tNHASSEN MN 55317 CHRISTOPHER W & LINA W GOH 521 SHADOWMERE CHANHASSEN MN 55317 ROBERT H GREELEY 7341 FRONTIER-TRL CHANHASSEN MN 55317 ,N T & SUSAN L STANTON BIGHORN DR ~NHASSEN MN 55317 STEVE A & ROBERTA L DANIEL 531 SHADOWMERE CHANHASSEN MN 55317 ARLIS A BOVY 7339 FRONTIER TRL CHANHASSEN MN 55317 SUSAN L STANTON BI, GHORN DR ~ MN 55317 DAVID J & BARBARA L ItARTWICK 541 SHADOWMERE CHANHASSEN MN 55317 SHIRLEY ANN NAVRATIL 7337 FRONTIER TRL CHANHASSEN MN 55317 IALD N & CAROL J MEHL BIGHORN DR ~NHASSEN MN 55317 ROGER E & NANCY J GILBERTSON 551 SHADOWMERE CHANHASSEN MN 55317 DAVID O & RACHEL IGEL 7303 LAREDO DR CHANHASSEN MN 55317 ~E F JONES BIGHORN DR ~NHASSEN MN 55317 ROBERT W PIKE 561 BIGHORN DR CHANHASSEN MN 55317 RICHARD J & EUNICE M PETERS 7301 LAREDO DR CHANHASSEN MN 55317 RY A & JULIE M KOCH 3IGHORN DR MHASSEN MN 55317 CITY OF CHANHASSEN C/O SCOTT BOTCHER ~"~ 690 CITY C~T--EK"D~ PO BOX 147 CH~'A~SEN MN 55317 ALAN & ANNABEL FOX 7300 LAREDO DR CHANHASSEN MN 55317 Smooth Feed SheetsTM Use template for 5160® ~OLF G ENGSTROM & .AWRENCE P LEEBENS 7201 FRONTIER TRL ~HANHASSEN MN 55317 HARVEY L JR & CAROL PARKER 7480 CHANHASSEN RD CHANHASSEN MN 55317 ~ATRICK F & KATHRYN A PAVELKO ~203 FRONTIER TRL ~'HANHASSEN MN 55317 CHAD ALAN KOEHLER 7490 CHANHASSEN RD CHANHASSEN MN 55317 )AVID P CHRISTIANSON 195 FRONTIER TRL .'HANHASSEN MN 55317 LOUIS S TESLER 7500 CHANHASSEN RD CHANHASSEN MS',J 55317 ~/ILLIAM F & HELEN L LOEBL 197 FRONTIER TRL ;HANHASSEN MN 55317 GREGORY J LINDSLEY & MARIA J STOFFEL 7510 CttANHASSEN RD CHANHASSEN MN 55317 EFFREY W & MARY L BORNS 199 FRONTIER TRL 'HANt-IASSEN MN 55317 JEFFREY A & LIZA A HILDEN 20 HILL ST CHANHASSEN MN 55317 REDERIC OELSCIqLAGER ETAL 410 CHANHASSEN RD 'I4ANHASSEN MN 55317 JOtqN F & DONNELLA R SEGNER TRUSTEES OF TRUST 30 HILL ST CHANttASSEN MN 55317 ~AVID E & CAROLYN M WETTERLIN 420 CHANHASSEN RD HANHASSEN MN 55317 ROBERT FLYNN VALERIE FLYNN 40 HILL ST CHANHASSEN MN 55317 ~VING RAYMOND 440 CHANHASSEN RD HANHASSEN MN 55317 IMOTHY J & DIANE A MCHUGH 450 CHANHASSEN RD HANHASSEN MN 55317 ARRY P MON & ELIX MON ~I]',rNEAPOLIS PO BOX 3905 MN 55439 Attachment 3 ZONING § 20-481 Tributary Agricultural No Sewer Sewer Triplex 300 200 150 Quad 375 250 190 (4) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subsections (1), (2) and (3) can only be used if publicly owned sewer system service is available to the property. (Ord. No. 217, § 4, 8-22-94; Ord. No. 240, § 13, 7-24-95; Ord. No. 240, § 13, 7-24-95) Sec. 20-481. Placement, design, and height of structure. (a) Placement of structures on lots. When more than one (1) setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: Classes of Public Waters Lakes Natural environment "--.. Recreational development Rivers ~ Agricultural and tributary Structures ~ Sewage Treatment Unsewered Sewered System 150 150 150 100 75 75 100 50 75 When a structure exists on a lot on either side, the setback of a proposed structure shall be the greater of the distance set forth in the above table or the setback of the existing structure. One (1) water-oriented accessory structure designed in accordance with section 20-482(e)(2)(b) of this article may be setback a minimum distance often (10) feet from the ordinary high water level. (b) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody. Setback From: (1) Top of bluff; (2) Unplatted cemetery; (2) Right-of-way line of federal, state, or county highway; and Setback (in feet) 30 50 50 Supp. No. 8 1195 OO'S L'Z £ ~B ~£ I. OO uoqmnN ,.-I 3> Z '-.I 0 Z ( 3Ju~3 N~dOH'gIO OOS ) VIOS3NNII~i ',LLNflO3 a3A~lV3 'N3SSVHNVH3 ::10 ,LI_I9 3~I3H~OCIVHS '1. ~30-I~I 'L !. J_O-] JO A3A~IflS AHdVBDOdOJ_ 5) A):IVONFIO8 Z 0 Z .0',0£=.1. NVld 3ZlS %9'ki. = =I.LIS 40 % SV B:~IAOO~VH 'J.=l 'OS g9~'9 = ~I~OOOHVH 'IV.I.O.L asnoH Q:lSOdO~cl Attachment 5 City Council Meeting - June 1, 1987 Councilman Boyt: I would like to know if under erosion controls, what you are meaning there is Type II erosion control? Barbara Dacy: If you wanted to specify that, that's fine. Councilman Boyt: I wanted to specify Type II. Joe Finnley: Just to clarify there is a modification on Number 4 to include all hardwood trees? Councilman Horn: Other than hardwood trees. Mayor Hamilton: We don't want you to cut down the hardwood trees if it can possibly be avoided. Councilman Johnson: We're not talking about where the streets are being built. We're talking about the house lots. Councilman Geving: We're talking about clearcutting them down. Councilman Horn: Not building pads or roads. Joe Finnley: Something this tall. - Councilman Horn: We're talking 4 inches in diameter if it's that tall. Joe Finnley: Oh, you're modifying ours. Councilman Horn moved, Councilman Geving seconded to approve Subdivision #87- '.~20 subject to the plat stamped "Received May 7, 1987", the grading and /drainage plan stamped "Received May 27, 1987" and subject to the following conditions: 1. Lots 16 and 17 shall share a driveway. 2. Realign Lots 21 and 22 as shown in Attachment #11. 3. Retention of drainage and utility easement through the northern area of Lots 1 through 11. 4. Clearcutting of a lot shall not be permitted. Selective cutting of vegetation to allow the placement of a home shall be permissible. Selective cutting includes removal of vegetation up to four inches in diameter as measured four feet above the ground surface. However, any size hardwood trees must be excluded from any typical grubbing activity unless approved by the City Engineer prior to removal. 5. Submission of a detailed tree removal and grading plan. 6. Dedication of a 20 foot trail eassment. 45 City Council Meeting - June 1, 1987 7~ Grading, drainage and erosion control plans shall be submitted in conjunction with building permit applications for each lot in the subdivision. All lots shall be required to provide erosion control within 15 to 20 feet of the building pad. The drainage plans for all lots shall ensure that drainage is maintained away from the Sunrise Ridge subdivision. A feasibility study should be prepared within budget to evaluate the Carver Beach Road connection to Bighorn Drive. 9~ A Type II erosion control plan shall be prepared incorporating the recommendations of the Soil Conservation Service in their March 6, 1987 letter and the Watershed District and those be submitted for approval prior to construction. 10. Ail utility improvements shall conform to City standards for urban construction. 11. The applicant shall enter into a development agreement with the City and provide necessary financial sureties as a part of this agreement for completion of the improvements. 12. Submittal of an acceptable final drainage plan for review by the City, Watershed District and DNR and compliance with all applicable _ conditions. 13. An appropriate easement be to preserve the area shall dedicated creek .......... ./ from encroachment by abutting property owners. 14. Any existing assessments on the property shall be accommodated into the redistribution consistent with City standards. All voted in favor and motion carried. Councilman Boyt: I need a little clarification of 4. In the last second here, I think it's Clark's intent and I would like him to tell me if it is or not, that the cutting of hardwood trees be avoided. Whether they are four inches or two inches or whatever they are, that the City Engineer go out there and say yes, we have to cut that one and ~anything short of that, because of the unique nature of this forest. Councilman Horn: That's right. REQUEST TO SUBDIVIDE 4.7 ACRES INTO 10 SINGLE FAMILY LOTS, LOCATED ON YOSEMITE AVENUE APPROXIMATELY 1/4 MILE NORTH OF LAKE LUCY ROAD, CREEK RUN SUBDIVISION, ., ROBERT ENGSTROM AND ASSOCIATES. Jo Ann Olsen: The Planning Commission approved the subdivision request for the Staff's conditions. There were some concerns about the flag lots, Lot 6, and the fact that Lot 3, although it met all the requirements, would have to 46 . , Attachment 6 15. Construction Access. Construction traffic shall be prohibited from using Carver Beach Road and Frontier Trail to access this site. Access instead shall be from the newly constructed Bighorn Drive in Chanhassen Vista 2nd Addition. Any damage to this roadway caused by the Developer's construction activity shall be repaired by the Developer at his sole expense. 16. Lot Plans. Prior to the issuance of building permits for each lot, an acceptable grading, drainage, and erosion control plan shall be submitted for the lot for review and approval by the City Engineer to insure compliance with this Contract and with City ordinances. The Developer agrees that as a part of the erosion control measures for these sensitive areas he will incorporate the use of active plantings with extensive root systems to help hold soils in these side slope areas. The grading and drainage plans shall assure that drainage is not increased in rate or volume to the Sunrise Ridge Subdivision and that tree removal is done selectively consistent with the Shoreland Ordinance. 17. Trail Easement. A 20 foot wide trail easement shall be dedicated by the Developer at no cost to the City along the west end of the plat from Bighorn Drive to the existing Carver Beach Road. This easement shall be provided to the City prior to the City signing the final plat. -~8. Carver Beach Creek Protection.~ The Developer has established a "creek slope line" shown on Exhibit "A" to restrict encroachment of buildings on Lots 1 through 11 along the Carver Beach Creek. A drainage easement shall also be provided across this area including the detention pond proposed for Lot 11. · Z~61 '£~ ,t,"lFIf' /%10 % -, -: "; ,n' ~) ,. : . b ~n / -%-' / q It, 'a l: o~)'zzz a..zo.g 2Z'91;Z ~ ...LO Attachment 7 Attachment ~0 ~0' ~0