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1 Variance 510 Bighorn Drive CITYOF 690 CiO, Ce,ret Drive PO Box I47 Cha,hmse,, Mi,,esota 55317 Phone 952. 93.,7. 1900 Ge, eral ?ax 952. 937. 5739 E, gineering Department Fax 952.93E9152 Building Deparone,t Fax 952.934.2524 Web Site zt,zt.,~ci.c/)a,hasse,.,m, us MEMORANDUM TO' Plamfing Commission FROM: Julie Hoium, Plam~er I Lori Haak. Water Resources Coordinator DATE' February 9, 200i RE' Lot 1 1, Block 1 Shadowmere Addition - 500 Bighorn [)rive BACKGROUND Shadowmere is a subdivision ....... :'-' g . ~ ~,,~_..s~stm._ of 27 single-famiN residentia! lots on the west side of Lores Lake. The subdivision received final plat approval fi'om the Chanhassen City Council on August 17, !987. Lot 11 is an L-shaped riparian lot in the no~*.heasl con.er of the subdivision that has not yet been developed. The lot is approximately 33,840 square~ee~ ~' * 0~.78'a acres) in size. During the City review process, Lot 11 was deemed buiidable. Tile ~ ' o [ .,anmn=. Commission reviewed requests for a lakeshore setback variance and a creek setback variance on January 16, 2001. l'he requests were tabled due to lack of sufficient information. J The purpose oft/ds memorandum is to answer questions posed by the Planning I Commission during their January 16, 2001 meeting in order to clarify the I J findings and recommendations set forth by staffin the current staffreport. Exiiting Features Lot 11 contains a storm water pond that was constructed in conjunction with the subdivision and a creek that runs along the north side of the lots north of Bighorn Drive. The lot has approximately 95 feet of lakeshore. 0UESTIONS AND ANSVOgRS On January 16, 2001, the Planning Commission posed the following questions to City staff regarding the above proposal. The questions are listed below in bold with staff responses in italics following each question. The C/fl, of Cha,ha~.(e,. February 9, 2001 Page 2 , How do the City's requirements compare with DNR requirements for creek setbacks? For lake setbacks? Is a separate permit required from the DNR? This' creek is not a DNR protected ~4,ater, so the most restricting feature of this lot with regard to the creek is the "creek slope line" identified on. the preliminary plat and incorporated in the Development Contract. The DNR does not have jurisdiction over this creek; therefore, no DNR permit is necessary. Chapter 20-479 of the Zoning Ordinance states "A ll protected watercourses in Chanhassen sho~.vn on the Protected Waters Inventory Map for Carver County, a copy of which is herby adopted by reference, not given a classification herein shall be considered "tributary .... £ollowing the January 16, 2001 Planning Commission meeting, staff conducted additional research and discovered that Carver Beach O'eek is not protected by the DNR and is not reflected in the Protected ~I/aters Inventory Map for Carver County. This does not lessen the value of this creek nor the City's desire to protect it fi'om any adverse impacts that may result fi'om adjacent development. Staff conducted a thorough study of the Shadowmere subdivision file and read rninutes and discussions pertaining to the creek. In summa~% the Planning Commission, City Council and developer wanted to adopt regulations to protect and improve the quality and integrity of the creek. The developer identified a "creek slope line." This line maintains an approximate setback of SO+ feet fi'om the center of the creek. The binding condition in the Development Contract, which is recorded with Carver County and regulates the development of this site, states, "The Developer has established a 'creek slope line' shown on Exhibit ',4' to restrict encroachment of buildings on Lots ] through ! ] along the Carver Beach Creek. A drainage easement shall also be provided across this area including the detention pond proposed for Lot 11." The plan originally submitted by the applicant does not show the creek slope line. Staff directed the applicant to amend the survey by including the creek slope line and its relationship to the proposed structure. The revised plans show the proposed house pad is to be constructed outside the "creek slope line ". 2. Are driveways considered structures? According to Chanhassen City Code, a structure "means anything manufactured, constructed, or.erected which is normally attached to or positioned on land, whether temporary or permanent in character, including but not limited to: buildings, fences, sheds, advertising signs, dog kennels, hard swface parking areas, boardwalks, playground equipment, concrete slabs" (Section 20-1, page 1158.4). However, if this definition of structure is applied, a driveway can never reach the street since structures must maintain a 30-foot fi'ont yard setback. Driveways are allowed within required yard setbacks. According to Chanhassen City Code, the fol/o~ving shall not be considered to be obstructions fi'om setback regulations: "into any required fi'ont, rear, or side yard: driveways, sidewalks, stand wire agricultural fence" ('Section 20-908. Se). February 9, 200 I Page 3 3. How does the current alignment of the creek compare to the alignment of the creek at the time of platting? ,4ny difference in current versus historical creek alignments is not relevant to this case. The creek slope line is the most restricting feature of this lot. The line was established by the developer and was not set at one specific distance fi'om the creek. 4. From where is the creek setback measured? On a DNR protected water (ag or tributary streanO, the creek setback would be measured fi'om the ordina~T high water level (OHW). Since this stream is not a DNR protected watercourse, this setback does not apply. 5. What is the definition of "center line?" Because the setback is determined by the creek slope line, and is not a measurement fi'om the cenler line, this definition is no longer relevant. 6. What is the fate of storm water sheet flo~ving down the driveway? Slorm ~,aler sheel flowing dmvn the drivewco; will run down the slope to the creek. 7. Can the driveway be made smaller? Yes, the driveway can be made smaller than originally proposed. The currentproposal has eliminated the "turn-around" area that was proposed 8. Is there a way to mitigate the effects of the portion of the drive;vay that is within the creek setback? Yes. Providing a form qf rate control would mitigate the a&,erse effects of storm water. One way to cio this would be to require buffer-type plantings of native vegetation between the driveway and the creek. This can be included as a condition of the lakeshore setback variance. ,4ccording to City Code, "when determined necessary, conditions shall be attached to issu'ed permits to prevent erosion and to preserve existing vegetation screening of structures..." (~ection 20-481, 5). PlaltttittR Commissiott Update When staff determined that Carver Beach Creek was not a DNR protected watercourse, the applicant was directed to amend the survey to include the creek slope line and its relationship to the proposed structure. As shoxvn on Attachment 3, the proposed structure is not located within the creek slope line, and therefore does not require a variance as originally thought. The area of the driveway has also been reduced by eliminating the turn around. This will minimize the adverse effects on the creek. February 9, 2001 Page 4 The staff report has been updated to reflect the corrections. All new information is in bold. ATTACHMENTS 1. Po~gion of Development Contract for Shadowmere regarding Carver Beach Creek Protection 2. Revised site survey G: ENG &ori,AD:X IlN',PLANNING',Stanton variance.doc 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 shalI 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. , I18. 'Carver Beach Creek Protection.l The has Developer 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. ,r V JUNE 1. I~T .. PROPOSED HOI~E TOTAL HARDCOVER - e,:,t~ SO. FT. HARCOVER ~ ~ OF SiTE ,,, SITE 1,,~30,._0- PLAN CITY PC DATE: 1/16/01 2/20/01 REVIEW DEADLINE: 4/13/01 CASE #: 00-15 VAR By: Hoium .STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Request for a 17 foot variance fi'om the 50 foot tributaD~ setback and · a 16 tbot variance from the 91foot 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 Bighorn Drive Chanhassen, MN 55317 PRESENT ZONING: 2020 LAND USE PLAN: ACREAGE: RSF, Single Family Residential Residential-Low DensiW square feet, (0.78 acres) DENSITY: N/A W SUMMARY OF REQUEST: The apPlicant is requesting a 17 foot variance from the 50 foot tributm3, 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 Shadoxvmere 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 subdMsion 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 of this property contains slopes that range fi'om 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 prese~xTe 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. l:l~::.[ :i: ~ ' ~ ~ - . ,.: .': 7: '..~ff--E: · -.'.,:2. . :/~;~1;4~ 1~ ~*~ ~.:'.F",:.: ' ',";':'~*~ .... · :.~:,-. ~" ' '9'; ;;;'i ;;' ":'~l~,';[~'~":i; ;~:" '~; .. '' " ; ~" '~ "' r .~ ~:... .-~ .--' ~..~" ~-- ~:; ..--..-:- View to Southwest View to West Stanton VaiSance January 16, 2001 Page 3 View to North\vest View to East, 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-stou, with a walkout home containing approximately 3988 sq. ft. of living area. The proposed building pad is approximately 2.542 sq. ft wtaich includes a 3-car garage. The area of the driveway has been reduced to minimize surface runoff as shown on Attachment 9. 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 ordinaD, high water level of Lotus Lake.. Pem~itted 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 tv¢o-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 garage. 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 pm'pose 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 t~vo-stall 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 the lots 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. (Furthern~ore; staff has received numerous inquiries regarding the subdivision of the property to the north, 610 Carver Beach Road which is north of this propelW). Requiring the applicant to meet the 500 foot setback is um'easonable 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 propelxy 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 Chapter 20-479 of. the Zoning Ordinance states "Allprotected watercourses itt Chanhassen showtt ott the Protected Waters Inventory Map for Carver County, a copy of which is herby adopted by reference, not given a classification herein shall be considered "tributary"". Following the January 16, 2001 Planning Commission meeting, staff conducted additional research, and discovered that Cam~er Beach Creek is not protected by the DNR and is not reflected in the Protected Waters Inventory Map for Carver County. When the subdivision was originally platted, the developer identified a "Creek Slope Line". This line maintains an approximate setback of 50+ feet from the center of the creek along Lots 1 through 11. It is a binding condition of the development contract, and restricts encroachment of buildings from the creek as shown on Exhibit "A" (Attachment 6). The applicant amended the site survey and included the creek slope line. As shown on the revised plans, the proposed house pad is outside the creek slope line. Stanton Variance January 16, 2001 Page 5 A staff report fi'om May 13, 1987 states that "the plat has identified a 'creek slope line' through Lots ] through ] l. It is necessary to retain a drainage easement over the area so that no building activiO' occw's belou: this line." At the time of final plat approval, ho~vever, a 50foot setback fi'om the centerline of the creek ~'as not mentioned. According to plans on file, the creek slope line is just over 50 feet fi'om the center of the creek. Applying the nou' required 50foot sctback fi'om a tributao' creek ~'ould be no more constraining than ~'hat ~.'as originally approved Neighborhood Setbacks Staff reviewed 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 June 1.1987 states, "an appropriate easement shall be dedicated to preserve the creek area from encroact2nent by abutting property owners." To comply with this condition the developer established a "creek slope Dine" to restrict encroactmlent 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 attacbanents 5.6 & 7). FINDINGS The Planning Conmaission 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 unbuitdable lot. Finding for Creek Variancc: 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. b, 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 Stanton Variance January 16,2001 Page 6 setback fi'om 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 credo or tributaD~ must maintain a 50 foot setback as required by the DNR. 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 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 pezrnitted 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 propm~ty. A smaller home can reasonable be constructed on this prope~'. d. 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 txvo 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 fi'om Lotus Lake. These include 480 & 471 Bighorn Drive (Attachment 8). Finding for Crcck Variancc: Granting the variance would decrease the creek setback fi'om 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 ma3' be injurious to the City's ability to access the creek to protect the public welfare. Stanton Variance January 16, 2001 Page 7 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 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. 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: "Tile Planning Commission approves the request for a 16 foot variance fi'om the 9 t foot lakeshore setback for the construction ora single family home, and subject to the following conditions' . o . Erosion control must be maintained until all vegetation has been restored. The basement of the home must be 3 feet above the ordinary high water level of the lake. Extend the drainage and utility easelnent over the creek to protect and preserve the creek area. Reduce driveway dimensions to minimize impervious surface runoff. Survey submitted must be signed by a registered land surveyor. Provide buffer-type plantings of native vegetation between the driveway and the creek. ':Tile 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, Shadowmere, based upon the fbllowing: The applicant can construct a single family home within the required setbacks without a variance." Attachments . 2. 3. 4. 5. Application and letter Public Hearing Notice Relevant portions of zoning ordinance Site plan and elevations Conditions of Approval Stanton Variance January 16, 2001 Page 8 6. 7. 8. 9. Development Contract, Caver Beach Creek Protection Drainage & Utility Easements on Plat Neighboring lake setbacks. Revised Site Survey ~-'"'~" Attachment 1 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: Dean & ,qua Stant~n ADDRESS: 510 Biqhorn Drive - Chanha,~.~an, MN ~1 7 -l-F!FPHONE(Daytime) (612) 850 7507 · ,L,; .g,:--' Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non-conforming Use Permit Planned Unit Development* OWNER' ADDRESS: TELEPHONE: (952) _ Chanhasgon, MN 55317 937-1207 '- Temporary Sales Permit Vacation of ROW/Easements .X variance Wetland Alteration Permit Zoning Appeal Rezoning Sign Permits Zoning Ordinance Amendment __ Sign Plan Review Notification Sign Site Plan Review* X Escrow for Filing Fees/Attorney Cost** ($50 CU P/SPRA/AC/VAR/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 81/2" X 11" reduced copy of transparency for each plan sheet, "* Escrow will be required for other applications through the development contract NOTE -When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCAJ]ON LE C_J:LL DESCRIPTION Stanton Re~idon~ 500 Bighorn n~v~. , Chanhasscs, Lot 1, Block 1, Shadowm~r~ MN 55317 '/OTAL ACREAGE .7944A PRESENT P,RFgEN]' ZONING RSQUSSTED ZONING R-SF r . . YES x NO (Residential Single Family) PRESENT LAND USE DESIGNATION ]:~QUESTED LAND USE DESIGNATION NA REASONFORTHISREQUEST Variance to setback for construction of new residence. . -J-bls ~pplication 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 determ~nmbn 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~'s is to certify that l 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 applicat, ion 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 applbation ar~ the fee owner has also signed this aPplication. !wffl keep myself informed of the deadlines for submission of material and the progress of this application, i further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knoz~dg~ . 'The dry hereby not'riles 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_q~re.o.f Applicant c -~' SLgnamre of Fee Owner Appfica~or~ Received on Fee Paid Receipt No. The applicant 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. Archil~cts, Inc, City of Chanhassen 690 Coulter Drive Chanhassen, MN `55317 December 14, 2000 Planning Department - City of Chanhassen Reft Variance Request Proposed Stanton residence SO0 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 ,,vails will project into the setback varying amounts with tile maximum distance bein~ 17'-0" Please refe'r 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 tile setbacks, is 3,880.4 sq.ft, or 8.8% of the total lot area. www. SALAarc.com · MINNfAPOLIS, kiN · -13 Main Street SE Suite 410 55414 Tel ((,12) 379 3037 Fax ~612) 3790001 Timothy Fuller Joseph G. Metzler Dale Mulfinger Jean Larson Eric Odor STILLWATER, /',iN 904 South 4th-Street 55082 Tel (651) 351 0961 Fax (651) 351 7327 Katherine A. Cartrette Ke[iy R. Davis t,,lichaeia Mahady All df tile properties within 500 feet of this property are homes of · comparable size or larger. All of tile homes within 500 feet in Shadownaere have three-car garages. Our intent is to blend with the existing standards to the gkeatest 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 B'ighorn 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. Tile 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 5, our consideration of this request. )EC i 2000 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: Variance 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 vadance 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 hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. Dudng the meeting, the Chair will lead the public headng 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 during 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. Lotus Lake Smooth Feed SheetsTM ON ALAN LANG ;40 CARVER BEACH RD ~'HANHASSEN MN 55317 JOSEPH M & MARGERY M PFANKUC 6611 HORSESHOE CRV CHANHASSEN MN 55317 Use template for 5160® FRONTIER TRAIL ASSN C/O WILLIAM KIRKVOLD 201 FRONTIER CT CHANHASSEN MN 55317 ',OBERT IAN AMICK 81 FOX HILL DR .~HANHASSEN MN 55317 PETER J & KATHERINE S DAHL 220 FRONTIER CT CHANHASSEN 154/'4 55317 ROBERT H & SALLY S HORSTMAN 7343 FRONTIER TRL CHANHASSEN MN 55317 :ONSTANCE M CERVILLA 50 CARVER BEACH RD :HANHASSEN 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 TATE OF MINNESOTA-DNR 'AX SPEC.- BUREAU OF R E MGMT 00 LAFAYETTE RD TPAUL MN 55155 RICHARD J GILLESPIE & MICHELE 154 KOPFMANrN 7415 FRONTIER TRL CHANHASSEN MN 55317 PETER A MOSCATELLI 102 SANDY HOOK RD CHANHASSEN MN 55317 3HN C ARMITAGE & HONDA K WARNER & MONA J KAH 20 V1NE\VOOD LN N RD LY~IOUTH MN 55441 ROGER & MARJORIE L KARJALAHTI 7413 FRONTIER TRL CHANHASSEN *tN 55317 DANIEL A & MARILYN BOECKER.MA/~J 14980 IRONWOOD CT EDEN PRAIRIE MN 55346 :ENRY & GEORGETTE SOSiN 400 CHANI-tASSEN RD itANItASSEN MN 55317 TIiOMAS \V HAROLD 7411 FRONTIER TRL S\V CHANHASSEN MN 55317 SCOTT D NELSON & CATHY HULL NELSON 106 SANDY HOOK RD CHANIdASSEN MN 55317 iU'~' L SWANSON 10 CARVER BEACH RD 1-1ANHASSEN MN 55317 ROBERT M & LILLIAN I1 SOMERS 7409 FRONTIER TRL CHANHASSEN MN 55317 THOMAS V & DARLEEN TURCOTTE 108 SANDY HOOK RD CHANHASSEN MN 55317 AUL J & KARl J ROMPORTL & ,'iLLIAM G & VON CILE GARENS 20 CARVER BEACH RD 'HANHASSEN MN 55317 BLAIR PETER ENTEN/MANN & NANCY ENTENMANN 7407 FRONTIER TRL CHANHASSEN MN 55317 /'.4ARK C & NANCY A ENGASSER 7000 DAKOTA AVE CHANHASSEN M-N 55317 AUL T EIDSNESS MDREA S JOHNSON 30 CARVER BEACH RD HANt-tASSEN MN 55317 LORNA G TARNOWSKI 7405 FRONTIER TRL PO BOX 382 CHANHASSEN MN 55317 STEVEN M & MONICA M POSNICK 7010 DAKOTA AVE CHANHASSEN IX,IN 55317 AYMOND P & ALICIA L BROZOVIC 509 HORSESHOE CRV t-IANHASSEN 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 SHANHASSEN MN 55317 CAROLYN BLOOMBERG 7008 DAKOTA AVE CHANHASSEN MN 55317 CHARLES R & JUDY L PETERSON 708 LAKE PT CHANHASSEN MN 55317 -'_.VAN M NIEFELD 7016 DAKOTA CIR 2HANHASSEN MN 55317 BRIAN H & JEANrNE M BATZLI 100 SANDY HOOK RD CHANHASSEN MN 55317 DENNIS ZHU & ZUO ZHI 716 LAKE PT CHANHASSEN MN 55317 .'HRISTOPHER 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 7HANHASSEN MN 55317 LOTUS LAKE BETTERMENT ASSN 105 SANDY HOOK RD CItANHASSEN IX4N 55317 TERRY D & DEBRA L VOGT 732 LAKE PT CHANHASSEN MN 55317 HOMAS & MARILYN PALMBY 14 SANDY HOOK RD ~ 'HANHASSEN MN 55317 \VILLIAM & IVY KIRKVOLD 201 FRONTIER CT CHANHASSEN MN 55317 TODD D ELFTMANN & SUSAN L- ERICKSON-ELFTMANqN 740 LAKE PT CHANHASSEN MN 55317 ,'ILLIAM & MARJORIE SPLIETttOFF 041 GULFSHORE 13LVD~312 2APLES FL 34103 GREGORY DEAN CRAY 200 FRONTIER CT CItANHASSEN MN 55317 BARBARA L HEDLUND 748 LAKE PT CHANHASSEN MN 55317 OBERT B & SUE MIDNESS 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 ~--~'~' MN OBERT J & LYNELL J AItLSTROM 39 SANDY HOOK RD IIANHASSEN MN 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 300 DAKOTA .._ASLE 55317 MICHAEL & DEBRA HAYDOCK 6460 FOX PATH CHANHASSEN MN 55317 CATHERINE S HISCOX 7500 ERIE AVE CHANHASSEN MN 55317 ENNIS J & TONIE FLAHERTY 304 DAKOTA TRL ttANHASSEN MN 55317 KEITH M & MARY BETH HOFFMAN 6470 FOX PATH CHANHASSEN MN 55317 DENNIS C & JANIS I FISHER 7501 ERIE AVE CHANHASSEN MN 55317 Smooth Feed SheetsTM :ARMELA V RiCHARDS 320 KURVERS POINT R !HANHASSEN MN 55317 RONALD C & SHAWN P HAINES 7340 KURVERS POINT R CHANHASSEN MN 55317 Use temp[ate for 5160® DOUGLAS J & LANA HABERMAN 520 PLEASANT VIEW RD CHANHASSEN MN 55317 !ElL & BARBARA GOODW1N 801 96TH ST W LOOMINGTON IviN 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 ANNY J & BRENDA L VATLAND _290 KURVERS POINT R HANHASSEN MN 55317 CHARLES ALLEN APPLEGATE & SUSAN R APPLEGA~~ 7360 K U~_J?~-Eq'CS-P O I N T R ~HASSEN MN 55317 ROBERT L & SANDRA J POST 489 PLEASANT VIEW RD CHANHASSEN MN 55317 OUGLAS R & JEANNE E MACLEAN !80 KURVERS POINT R HANftASSEN MN 55317 SEYMOUR S RESNIK 7370 KURVERS POINT R CHANHASSEN MN 55317 MICHAEL & KATHRYN SCHWARTZ 469 PLEASANT VIEW RD CHANHASSEN MN 55317 ELVIN & JACQUELINE D KURVERS '.40 KURVERS POINT R !-IANHASSEN DIN 55317 ALAN \V & CAROL LENHART 6575 PLEASANT VIEW CttANHASSEN MN 55317 JANICE L ANDRUS 449 PLEASANT VIE\V RD CHANHASSEN MN 55317 LANKLIN J & MYRNA A KUR\"ERS ~USTEES OF TRUST 220 KURVERS POINT R I-1ANHASSEN MN 55317 KENTON D KELLY 6539 GRAY FOX CRV CHANHASSEN MN 55317 RANDY R & IL~YIXIA LEE SMITH 429 PLEASANT VIE\V RD CI~ANItASSEN MN 55317 FEVEN T MESTITZ & .~GGY L NAAS '.00 WILLOW VIE\V CV qANHASSEN MN 55317 CITY OF CHANHASSEN C/O SCOTT BOT__~~ 690 CIT_.T~~TER DR PO BOX 147 C~A~HASSEN MN 55317 JOHN R & CAROL \V HAMMETT 6697 HORSESHOE CRV CHANHASSEN MN 55317 iTY OF CHANHASSEN 'O SCOTT BOTCHER ~ I0 CITY CENT.~DR"~O BOX 147 MN 55317 ALAN & LINDA K KRAMER 531 INDIAN HILL RD CHANHASSEN MN 55317 CHARLES C & JANET C HURD 6695 HORSESHOE CRV CHANHASSEN MN 55317 URVERS POINT HOMEO\\ ,WER ASS 'O MELVIN KURVERS !40 CHANHASSEN RD !tANHASSEN MN 55317 HARVEY W & KAREN E ROBIDEAU 540 PLEASANT VIEW RD C}-tANHASSEN MN 55317 SANDRA LEE OLSON 6691 HORSESHOE CRV CHANHASSEN Ix~N 55317 LFRED A & SUSAN K HENDERSON ;30 KURVERS POINT R !tANHASSEN 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 HELEN R HARTMANN 5687 HORSESHOE CRV 2HANHASSEN MN 55317 CYNTHIA ANN BRICTSON 6613 HORSESHOE CRV CHANHASSEN MN 55317 Use template for 5160® 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 & ~UDILY-N 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 i675 HORSESHOE CRV _'HANHASSEN MN 55317 :'ORIKO M PRICE ,663 HORSESHOE CRV _'HANItASSEN MN 55317 HAROLD G & KATHRYN M DAHL 6631 HORSESHOE CRV CHANHASSEN MN 553 I7 PHILIP O & LUDMILLA J ISAACSON 6633 HORSESHOE CRV CHANHASSEN MN 55317 MARK O & SUZANNE SENN 7160 WILLOW VIEW CV CHANHASSEN MN 55317 JOHN & JANIS R NICOLAY 608 PLEASANT VIE\V RD CHANHASSEN MN 55317 -2VELYN ALBINSON ,655 HORSESHOE CRV .'HANHASSEN MN 55317 DOUGLAS J 8,: 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 661 HORSESHOE CRV .'ItANI-/ASSEN MN 55317 FRANK A & DONNA IX4 KUZMA 6651 HORSESHOE CRV CHANHASSEN MN 55317 NEAR MOUNTAIN LAKE ASSN INC 610 PLEASANT VIEW RD - CHANHASSEN MN 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 .ADD 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 MN 55317 5.MES E & ELEANOR KEIPER 615 HORSESHOE CRV ttANHASSEN MN 55317 JOHN P & JANE THIELEN 665 PLEASANT VIEW RD CHANHASSEN MN 55317 ROBERT & LINDA SATHRE 365 PLEASANT VIEW RD CHANHASSEN kiN 55317 Smooth Feed SheetsTM Use template for 5!60 ARMIN C & NANCY E DREISSIGER 560 BIGHORN DR CHANHASSEN MN 55317 /X4ARTIN IMMERMAN & ANN HOGAN 481 BIGHORN DR CHANHASSEN MN 55317 MARY C MAURICE & SANDRA M SEDO 7644 SOUTH SHORE DR CHANHASSEN MN 55317 FRANK P & BONNIE L FILKO 55O BIGHORN DR 2HANHASSEN MN 55317 LEONARD P & NANCY M KISKIS 491 BIGHORN DR CHANHASSEN MN 55317 THOMAS W & PAMELA C DEVINE PO BOX 714 CHANHASSEN MN 55317 ]EORGENE M SORENSEN ~40 BIGHORN DR ~'HANHASSEN MN 55317 LEONARD P & NANCY M KISKIS 491 BIGHORN DR CIIANHASSEN MN 55317 STEVEN A & CAROL K DONEN 7636 SOUTH SHORE DR CHANt-tASSEN MN 55317 [ICHARD & SANDRA MONSETH ;30 BIGHORN DR .'HANHASSEN bin 55317 PATRICK J & CAROL L SMITH 511 BIGHORN DR CHANHASSEN MN 55317 LINDA \VILKES 7632 SOUTH SHORE DR CHANHASSEN MN 55317 ~'t-IARLES & ANNETTE BUENGER 20 BIGHORN DR 'IiANHASSEN bin 55317 CItRISTOPHER \V& LINA \V GOIt 521 SHADOWMERE CHANI-IASSEN MN 55317 ROBERT H GREELEY 7341 FRONTIER'TRL CHANHASSEN bin 55317 )EAN T & SUSAN L STANTON l0 BIGHORN DR :HANHASSEN X1N 55317 STEVE A & ROBERTA L DANIEL 531 SHADO\VMERE CI~I,\NHASSEN MN 55317 ARLIS A BOVY 7339 FRONTIER TRL CItANItASSEN MN 55317 )EAN T & SUSAN L STANTON 10 BIGHORN DR-- 'I-IANHASSEI'L-.---"~ MN 55317 DAVID J & BARBARA L HART\VICK 541 SHADOWMERE CI-IANHASSEN MN 55317 SHIRLEY ANN NAVRATIL 7337 FRONTIER TRL CI-IANHASSEN MN 55317 )ONALD N & CAROL J MEHL 90 BIGHORN DR 3-IANHASSEN MN 55317 ROGER E & NANCY J GILBERTSON 551 SHADOWMERE CHANHASSEN MN 55317 DAVID O & RACHEL 1GEL 7303 LAREDO DR CHANHASSEN MN 55317 .NNE F JONES 80 BIGHORN DR 'I-/ANHASSEN MN 55317 ROBERT W PIKE 561 BIGHORN DR CHANHASSEN MN 55317 RICHARD J & EUNICE M PETERS 7301 LAREDO DR CHANHASSEN MN 55317 ARRY A & JULIE M KOCH 71 BIGHORN DR HANHASSEN MN 55317 CITY OF CHANHASSEN C/O SCOTT BOTCHER 690 CITY C~ PO BOX 147 CH ~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 '201 FRONTIER TILL 2HANHASSEN MN 55317 HARVEY L JR & CAROL PARKER 7480 CHANHASSEN RD CHANHASSEN MN 55317 'ATRICK F & KATHRYN A PAVELKO '203 FRONTIER TILL :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 CHANttASSEN MN 55317 }qLLIAM F & HELEN L LOEBL 197 FRONTIER TRL HANHASSEN MN 55317 GREGORY J LINDSLEY & MARIA J STOFFEL 7510 CHANHASSEN RD CHANHASSEN MN 55317 _~FFREY \V & MARY L BORNS 199 FRONTIER TRL HANHASSEN MN 55317 JEFFREY A & LIZA A HILDEN 20 HILL ST CHANItASSEN MN 55317 REDERIC OELSCI4LAGER ETAL 410 CIqANHASSEN RD HANHASSEN MN 55317 JOtiN F & DONNELLA R SEGNER TRUSTEES OF TRUST 30 HILL ST CHANHASSEN MN 55317 · AVID E & CAROLYN M \VETTERLIN 420 CHANHASSEN RD HANHASSEN MN 55317 ROBERT FLYNN VALERIE FLYNN 40 HILL ST CHANHASSEN MN 55317 [VING RAYMOND :140 CHANHASSEN RD HANHASSEN MN 55317 IMOTHY J & DIANE A MCItUGH :150 CHANHASSEN RD HANHASSEN MN 55317 ARRY P MON & ELIX MON IINNEAPOLIS 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 '~]hters Lakes Natural environment '~--.~ Recreational development Rivers ~ Agricultural and tributary Structures x~ 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 feeO 30 5O 5O Supp. No. 8 1195 OO'S L'ZI, £~ 1.00 Ueclmr~ ~;,fcud -.-i ::> z --I 0 z ;:::o Ill (./3 ITl z ITl ( ~ N~OHOI800S ) V.LO$:INNIIH ',L.LNI'iO~ ~I3A~IVD 'N3SSVHNVHD -tO A_LI~ q~IqH~OC]VH$ 'L )IDO"I~I 'L L .LO-I -I0 A3A~I"IS AHdV'dgOdO.L ~g A~IVONRO~ ,. / ~rtk 1.77 ,~ u,v¢~Ja m ,,0-',0g=. 1. O NV-ld 311S %9'1:,1. = ::t11S -t0 % SV ~Z3AOO~/VH '.L:I 'OS 99g'9 = ~I3AOOO~IVH 1¥101 SFLLOI ) 4 IO00'b/f (Z 19~ 'XV.i .--:'- :,.-._-.. I ujt~.-,. >1 ~,V i v S ,,~.,..,,..~. p)oo. I%IL IlS'l):iii {?.110 ~J S Nfl I~ ] J,¥M111 is iooo 6Z( (,'l,)l 'xvj City Council Meeting - June 1, 1987 121 Attachment 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: ~'~'re talking 4 inches in diameter if it's that tall. Joe Pinnley: Oh, you're modifying ours. Councilman Horn moved, Councilman Geving seconded to approve Subdivision #87- ",2g 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: . . . Lots 16 and 17 shall share a driveway. Realign Lots 21 and 22 as sho~q in Attachment ~11. Retention of drainage and utility easement through the northern area of Lots 1 through 11. 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. Submission of a detailed tree removal and grading plan. Dedication of a 2g foot trail easement. 45 City Council Meeting - June 1, 1987 e 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. e 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 suk~nitted for approval prior to construction. 10. Ail utility improvements shall conform to City standards for urban construction. 11. 1~ne 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 finai drainage plan 'for review by the City, Watershed District and DNR and compliance-with all applicable - conditions appropriate easement shall be dedicated to preserve the creek area 13. ............ ~/ from encroachment by abutting property owners. 14. Any existing assessments on the property shall be accommodated into the redistribution consistent with City standards. Ail 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 A~PROXIMATELY 1/4 MILE NORTH OF LAKE LUCY ROAD, CREEK RUN S~-~IVISION, 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. -18. 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 11o Attachment 8 I I .. PROPOSED TOTAL HAR[X:X)V'F~ -, 6,.1~ SO. FT. HARCOVER AS % Of=SITE- 14.6% O SITE PLAN 1,~30,_O- At' chtl:oct$, inc.