1 SUB 8006 Erie AvenueCITY OF
PC DATE: 3/20/01
CC DATE: 4/9/01
REVIEW DEADLINE: 5-15-01
CASE #: 2001-2 SUB
By: Hoium
STAFF REPORT
PROPOSAL:
Preliminary Plat to Subdivide .3615 Acres (15,748 square feet)into 2
single family attached lots,
LOCATION:
8004 & 8006 Erie Avenue
Lot 2, Block 2, Chanhassen Estates 2nd Addition
APPLICANT'
Robert D. & Terri Paulsen
8006 Erie Avenue
Chanhassen, MN 55317
Ia.!
PRESENT ZONING:
RSF, Residential Single Family District
2020 LAND USE PLAN: Residential-Low Density (Net Density 1.2 - 4.0 units per acre)
ACREAGE:
.3615 acres
DENSITY:
5 Units per Acre Net 5 Units per Ace Gross
SUMMARY OF REQUEST:
The applicant would like to subdivide a twin home property into 2 single family attached lots
with variances. The resulting lot areas will be 6,309 square feet and 9,439 square feet. The
project does not comply with the zoning ordinance or comprehensive plan. '
Notice of this public hearing has been mailed to all property owners within. 500 feet. A
development sign has been posted on site.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City's discretion in approving or denying a preliminary plat is limited to whether or not the
proposed plat meets the standards outlined in the Subdivision Regulations and Zoning
h_.rie Ave
Paulson Addition
March 19, 2001
Page 2
Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a
quasi-judicial decision.
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 a variance. The City has a
relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi-judicial decision.
BACKGROUND
Chanhassen Estates 2nd Addition was platted in 1971. In February 1972, Chanhassen adopted
zoning ordinance number 47. Under that ordinance, Chanhassen Estates 2nd Addition was zoned
R-1, which permitted residential detached housing. A non-conforming Land Use Map was
created for the city in 1975. The map clearly identified two of the existing duplexes on
neighboring properties as "uses not allowed in the district." Staff has beenunable to find details
as to why these duplexes were allowed in an R-1 district. The subject duplex was built in 1977.
It is currently zoned RSF, Residential Single Family.
PROPOSAL/SUMMARY
The applicant is proposing to subdivide .3615 Acres (15,748 square feet) into 2 lots. The
property is zoned RSF, Residential Single Family. An existing twin home occupies the site. The
RSF district permits a single family home on 15,000 square foot lots, with an enclosed two car
garage. Any subdivision of this lot would require variances for lot size, lot frontage, side yard
setbacks, enclosed parking requirements, and possibly lot coverage.
View of duplex looking north View of duplex look northeast
Paulson Addition
March 19, 2001
Page 3
View of side yard at the property
line (looking north)
The two proposed lots would be 6,309 and 9,439 square feet, .14 and .21 acres respectively, in 10t
area. The resulting net density is 5 units per acre. Staff notes that the proposal is not consistent
with the Comprehensive Plan, which guides the property for Residential-Low Density (1.2 - 4.0
units per net acre). The site is located between Erie Avenue and Lake Drive East, south of State
Highway 5, no~th of Rice Marsh Lake, and just west of Chanhassen's eastern boundary. Access
to the site is provided via an existing driveway, off of Erie Avenue, and serves both homes.
There are a number of issues associated with this site that are of concern to staff. This lot has an
existing nonconforming use. The structure on sire'is COlnprised of a twin home with an attached
two-car garage located on one side. The applicants own both units, reside in one and rent out the
other. They wish to sell one of the units rather than continue to rent it. They also wish to sell a
portion of the lot, which requires a subdivision. Their proposal also includes providing an
easement for the use of a garage stall, which is located on one side of the site. The applicant
wishes to subdivide the lot between the two units, creating a zero lot line setback. Theoretically,
this seems like a simple request. The city has approved a few twin home subdivisions, one of
which was in the same subdivision as the cun'ent request. All the previous requests, located by
staff, were approved. The main difference between the previous requests and the cun'ent one is
the location of the garage and the size of the resulting lots. Staff investigated several options to
assist the applicants in their request, however there are issues associated with each of them.
These options are as follows.
Option 1: This option splits the lot at the center of the duplex and provides an easement to the
western unit for access to one garage stall (plans submitted by applicant). Several variances are
required. These include variances for lot area, lot frontage, and side yard setbacks. In addition a
variance will be needed for enclosed parking spaces as only one enclosed space will be provided
per unit and the ordinance requires two per single family dwelling. In essence this subdivision
would create two single family dwellings. This subdivision would require the least amount of
variances. If a subdivision were approved for this lot staff would recommend a condition be
Paulson Addition
March 19, 2001
Page 4
added that states the two resulting lots could only be used as a site for a twin home with a zero
lot line.
Option 2: This option would also split the lot at the center of the duplex, and a single car garage
would be constructed sideways (garage entrance would be facing east) in the front yard of the
west duplex. The same variances as in option 1 would be needed. In addition, variances for the
front yard setback and possibly the lot coverage would be needed. This option does provide
separate driveways and garages for each unit (A two car garage for the east unit, a 1 car garage
for the west unit). A hindrance to this option is that the garage would cover up the front window
of the west unit, and the driveway would need to be placed in the remaining portion of the front
yard.
Option 3: This option would split the lot at the center of the duplex and add a single car garage
to the west side of the structure. The same variances as in option 1 would apply, however an
additional variance would be required for the garage to encroach into the side yard setback. This-
option would provide a covered garage and driveway for each unit. The eastern unit would have
a two car garage, and the western Unit would have a one cai' garage. A variance would still be
required for the one car garage as two car garages are required by ordinance. (In 1985, a 7 foot
side yard setback variance was approved for the construction of a 20' x 12.3' one car garage at
8002 Erie Avenue. However, the applicant did not construct the garage as proposed.)
Option 4: The fourth option is to split the lot at the center of the duplex and build a garage in the
rear yard. As with the previous three options, the same variances apply. In this case, it may be
possible to fit a two car garage in the rear yard with additional variances. Variances would be
needed for lot coverage, and for the rear yard setback as this is a double frontage lot and a 30 foot
rear yard setback is required.
Option 5: Option five would be to leave the property as is. This is a lot with an existing
nonconforming use. A subdivision of the property would intensify the nonconformity. Instead
of having a single nonconforming lot, there would be two nonconforming lots that do not meet
ordinance requirements. Another issue is the potential that in the future the property owners
could say they have a right to have two single family homes on the resulting properties.
WETLANDS
There are no wetlands on site.
Paulson Addition
March 19, 2001
Page 5
STREETS
The duplex is accessed via Erie Avenue which an existing local street. The right-of-way width is
50 feet. This area was developed in 1971. Access to the duplex will continue to be used the
sallie.
GRADING & DRAINAGE
There are no grading alterations proposed cut2'ently as part of this development. Should the
applicant construct an additional garage than the grading issues would be reviewed as part of the
building permit application. Storm water improvements were included as part of the
development.
UTILITIES
Municipal sewer and water service is available to the site from Erie Avenue. The existing duplex
on the site is currently connected to city sev,.:er and water. Each unit has separate water and sewer
services.
SURFACE WATER MANAGEMENT PLAN (SWMP)
Based on the proposed developed area of 0.3615 acres, the water quality fees associated with this
project are estimated at $315 and the water quantity fees associated with this project are estimated
at $1,075. The applicant will be credited for water quality where NURP basins are provided to treat
runoff from the site. This will be determined upon review of the ponding and storm sewer
calculations. Credits may also be applied to the applicant's SWMP fees for oversizing in
accordance with the SWMP or the provision of outlet structures. No credit will be given for
tempora~7 pond areas. At this time, the estimated total SWMP fee, due payable to the City at the
time of final plat recording, is $1,390. Tiffs fee xvill be solidified during the review of the final plat.
PARK DEDICATION
There are no additional units being proposed; therefore, no additional park and trail fees are
required.
Paulson Addition
March 19, 2001
Page 6
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot Lot Lot Home
Area Width Depth Setback.
Ordinance 15,000 90' 125' 30' front/rear
10' sides
8006(West) 9,439 62.84' 150' 30'/30'
13.7'/0'
8004(East) 6,309 40.33' 172' 30'/30'
16'/0'
It should be noted that these tabulations would change if options 2, 3 or 4 were pursued.
Additional changes could include a front yard variance, a side yard variance, rear yard variance, or
a lot coverage variance.
TREE PRESERVATION/LANDSCAPING
Canopy coverage calculations for the subdivision are as follows:
Total upland area (excluding ~vetlands)
Baseline canopy coverage
Minimum canopy coverage allowed
Required # of trees for reforestation
15,748 SF
!3%
25% or 3,937 square feet
2 trees .
A total of 2 trees are required for reforestation. This will bring the canopy coverage of the
property up to the 25% minimum required. Staff recommends that 2 trees be planted on the
western lot.
SUBDIVISION - FINDINGS
1. The proposed subdivision is consistent with the zoning ordinance;
Finding: The subdivision does not meet the requirements of the RSF, Residential
Single Family District. Each lot does not meet the required minimum of 15,000
square feet in area and 90 feet of lot frontage.
.
The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
Paulson Addition
March 19, 2001
Page 7
,
,
.
.
.
Finding: The proposed subdivision is inconsistent with the comprehensive plan.
The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm
water drainage are suitable for the proposed development;
Finding: The proposed site is suitable for development subject to the conditions
specified in this report.
The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
Finding: The proposed subdivision is served by adequate urban infrastructure.
The proposed subdivision will not cause enviro~m~ental damage;
Finding: The proposed subdivision will not cause enviromnental damage subject
to conditions of approved.
The proposed subdivision will not conflict with easements of record.
Finding.' The proposed subdivision will not conflict with existing easements.
The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
ao
Lack of adequate storm water drainage.
Lack of adequate roads.
Lack of adequate sanitary sewer systems.
Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision is provided with adequate urban infrastructure.
Ill
Paulson Addition
March 19, 2001
Page 8
RECOMMENDATION
Staff recommends the Planning Commission adopt the following motion:
PRELIMINARY PLAT
"The Planning Commission recommends denial of the preliminary plat for Subdivision #2001-2
for 2 single family lots as shown on the plans dated received February 13, 2001, subject to not
complying with the land use designation and zoning requirements."
ATTACHMENTS
o
2.
3.
4.
5.
Application.
Public hearing and property owners list.
Memo fi'om Steve Torell dated March 2, 2001.
Memo from Lori Haak dated March 15,2001
Preliminary plat dated received February 13,2001.
g:\plan\jh\projects\site plan & sub\paulsen subdMsion.doc
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
APPLICANT:
ADDRESS:
OWNER:
ADDRESS:
TELEPHONE:
Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
__ Temporary Sales Permit
Vacation of ROW/Easements
'7. variance
Non-conforming Use Permit
PJanned Unit Development*
Wetland Alteration Permit
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign
Site PJan Review* X
,
Escrow for Filing Fees/Attorney Cost**
($50 CU PIS PRNACNARANAP/Metes
and Bounds, $400 Minor SUB)
~ SubdivLsion* r~j~. /,o \'z.<, TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the propertY must be included with the
ap,olication.
Building material samples must be submitted with site plan reviews.
~q'wenty-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 pi'ocessed, the appropriate fee shall be charged for each application.
PROJECT NAME
LOCATION
LEGAL DESCRIPTION
TOTAL ACREAGE
YES ~ NO
WETLANDS PRESENT
PRESENT ZONING
REQUESTED ZONING ~ ~<) ~
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION i~-
REASON FOR THIS REQUEST
.
This application must be completed in full and be typewri~en 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
Depadment to determine the specific ordinance and procedural requirements applicable to your application.-
A determination of comple(eness of the application shall be made within ten business days of application submi~al. A wri~en
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make
this application and the fee owner has also signed this application.
! will 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 knowledge.
The city 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.
Signature of Applicant" ..,
Sig~nature of Fee Ow~,r/~ '
Application Received on Fee Paid
Date
Date
Receipt No.
CITY
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.
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, MARCH 20, 2001 AT 7:00 P.M.
CiTY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL: Subdivide One Lot into
Two Lots
APPLICANT: Robert Paulsen
LOCATION: 8004 and 8006 Erie Ave.
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant,
Robert Pauisen, is requesting preliminary plat to subdivide Lot 2, Block 2, Chanhassen Estates 2nd Addition
into two lots with variances for an existing duplex on property zoned RSF and located at 8004 and 8006
Ede Avenue.
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 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 headng is closed 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 Fdday. 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 March 8, 2001.
CITY OF CHANHASSEN
· C/O SCOTT BOTCHER .....
690 CITY CENTER D~O BOX 147
CHANHASSEN MN 55317
SUZANNE M SHEPPARD
8010 DAKOTA AVE
CHANHASSEN MN
55317
PATRICIA M DOLAN
8007 CHEYENNE AVE
CHANHASSEN MN
55317
CITY OF CHANHASSEN
C/O SCOTT BOTCHE _R...
690 CITY CEN.TER~DI~Po BOX 147
CH4NHA-S"~EN MN 55317
ERIK M & KERRY A SELLMAN
8003 DAKOTA AVE S
CHANHASSEN MN 55317
CITY OF CHANHASSEN
c/o SCOTT BOTCHER
690 CITY
CHANHATSSEN MN 55317
JACK D CHRISTENSON
15411 VILLAGE WOODS D
EDEN PRAIRIE MN
55347
PATRICIA A HEGSTROM
8005 DAKOTA AVE
CHANHASSEN MN
55317
SINCLAIR MARKETING INC
S1NCLAIR OIL CORP-PROP TAX DIV
PO BOX 30825
SALT LAKE CITY UT 84130
MCDONALD'S CORP (22-157)
PO BOX 66207
CHICAGO IL 60666
RAYMOND & KATHERINE KNIGHT
8077 DAKOTA CIR
CHANHASSEN MN 55317
RONALD ALLEN JENSEN &
RENAE LYNN BRIGGS-JENSEN
8027 ERIE AVE
CHANHASSEN MN 55317
COOK PROPERTIES-CHANHASSEN L
8640 LYNDALE AVE S
BLOOMINGTON MN 55420
LEE & PATRICIA JENSEN
8009 DAKOTA CIR
CHANHASSEN MN
55317
ALLAN J & KATHIE J NELSON
8025 ERIE AVE
CHANHASSEN MN 55317
WALTER E & ANNE T THOMPSON
8000 DAKOTA AVE
CHANHASSEN MN 55317
MICHAEL D & SARAH J PETERSEN
8010 CHEYENNE AVE
CHANHASSEN MN 55317
ROBERT A & DAWN T LUND
8023 ERIE AVE
· CHANHASSEN MN 55317
MICHAEL D KRAINES &
JULIE A SONDERUP
8002 DAKOTA AVE
CHANHASSEN MN
55317
WILLIAM J & EARLA KRAUS
8008 CHEYENNE AVE
CHANHASSEN MN 55317
RALPH WAYNE LYTLE
8021 ERIE AVE
CHANHASSEN MN
55317
GERALD H & MARILYN M WASSINK
8004 DAKOTA AVE
CHANHASSEN MN 55317
THOMAS M & KRISTIE A KOTSONAS
8001 CHEYENNE AVE
CHANHASSEN MN 55317
THOMAS J &. SANDRA M KOEPPEN
8009 ERIE AVE
CHANHAS SEN MN 55317
JOHN Q & DONNA M SOLBERG
8006 DAKOTA AVE
CHANHASSEN MN 55317
JAMES R & JANICE GILDNER
8003 CHEYENNE AVE
CHANHASSEN MN 55317
CLAYTON & MARGARET SODETANI
8005 ERIE AVE
CHANHASSEN MN 55317
ANTHONY E & LISA M BACHMAN
8008 DAKOTA AVE
CHANHASSEN MN 55317
MICHAEL A & CYNTHIA K KOENIG
8005 CHEYENNE AVE
CHANHASSEN MN 55317
TERRANCE SR & SANDRA THOMPSO
3820 LINDEN CIR
EXCELSIOR MN 55331
ROBERT D PAULSEN &
ROGER S & DONNA M PAULSEN
8006 ERIE AVE
CHANHASSEN MN 55317
STEVEN M WENTZEL
8018 ERIE AVE
CHANHASSEN MN
55317
KPM CORPORATION
C/O CRAIG KESSEL
7300 METRO BLVD #560
MINNEAPOLIS MN
55439
DONALD T SMITH
8012 ERIE AVE
CHANHASSEN
MN 55317
DANIEL W & MICHELLE LORINSER
8020 ERIE AVE
CHANHASSEN MN 55317
HAROLD H HERRMANN &
PRICILLA B HERRMANN
8024 ERIE AVE
CHANHASSEN MN
55317
BRADLEY JAY JOHNSON
8026 ERIE AVE S
CHANHASSEN MN
3~o17
MARTIN E & LORA LEE WADE
8028 ERIE AVE
CHANHASSEN MN 55317
CHANHASSEN HRA
6~0 CITY CENTER Dl~O BOX 147
CHANHASSEN MN 55317
FAMILY OF CHRIST LUTH CHURCH
275 EAST LAKE DR PO BOX 388
CHANHASSEN MN 55317
JENNY JO PETERSEN
8016 ERIE AVE S
CHANHASSEN MN
55317
1
,,
CITYOF
CHANHASSEN
690 CiO, Ce,tar Ddve
PO Box 147
Cha,hasse,. l~li,,esota 55317
Pholle
952 93Z 1900
General F~r
9529325739
Engineerh~g Depam, e,t Fax
952.937.9152
Building Department Fax
952.93~.2524
~3b Site
u,u,u~ ti. d~a~/~,~;;c,, mil
MEMORANDUM
TO:
FROM:
DATE:
Julie Hoium, Planner I
Steven Official
Torell, Building
March 2, 2001
SUB J:
Review of Preliminary Plat: Lot 2, Block 2, Chanhassen Estates 2nd
Addition
Planning Case: 2001-2 Subdivision
I have reviewed the proposal to subdivide the above property into two lots, which
would establish a property line between the two units of the existing duplex. The
following conditions would be required:
1. One-hour fire-resistive construction is required on both sides of the property
line and must extend from the foundation to the underside of the roof
sheathing.
2. The units must be structurally independent of one another.
3. Openings in the roof shall not be within five (5) feet of the property line
4. Openings in exterior walls for mechanical equipment shall not be within
four (4) feet of the property line.
G/safety/st.memos/plan/lot2blk2chanhassenestates2nd
I . I I
CITYOF
~hoile
952.93
?52.93
E,gi, eeri,g Departme, t
952.93Z9]52
Bt~i/d/,g
~52.93¢2524
MEMORANDUM
TO:
FROM:
Julie Hoium, Planner I
Lori Haak, Water Resources Coordinator
DATE: March 15,2001
RE' Paulsen Addition
SURFACE__WATER M__/5.~N25GEMENT PLANT (_S._WMP}
The subdivision of this lot is not exempt fi'om the water quality and water
quantity com~ection charges imposed by Section 18-63 of ChaN'mssen's City
Code. (The subdivision in which this duplex is located ,,,,'as approved prior to
the adoption of the SWMP; therefbre, the developer did not pay water quality
and water quantiU, fees at the time of subdix.'isior'~.)
Water QualiO' Fees
Because of tiao impervio'us surthce associa'.:ed with this development, th.e water
quality Ges r%r thSs proposed development are based on duplex land use rates of
5871/acre. Based on the proposed developed area of0.3615 acres, the water
quality _fees associated with. ii, is project are approximately S3 i 5.
I.f~ater O::a~ttit), Fees
Thc S\Vh4P has established a connection charge for the dif55rent land uses based
on an average citywide rate fo,,' the installation of water quantity systems. This
cost includes land acquisition, proposed SWMP culverts, open chmmels, and
storm water ponding areas tbr rtmoff storage. Medium density residential
developments have a connection charge of $2,975 per developable acre. This
results in a water quantity fee of approximately $1075 for the proposed
development.
SWMP Credits
The applicant will be credited for water quality where NURP basins are
provided to treat runoff from the site. This will be determined upon review of
the ponding and storm sewer calculations. Credits may also be applied to the
applicant's SWMP fees for oversizing in accordance with the SWMP or the
provision of outlet structures. No credit will be given for temporary pond
areas.
At this time, the estimated total SWMP fee, due payable to the City at the time
of final plat recording, is $1,390. This fee will be solidified during the review of
the final plat.
RECOMMENDED CONDITION OF APPROVAL
Based on the proposed developed area of 0.3615 acres, the water quality
fees associated with this project are estimated at $315 and the water
quantity fees associated with this project are estimated at $1,075. The
applicant will be credited for water quality where NURP basins are provided
to treat runoff from the site. This will be determined upon review of the
ponding and storm sewer calculations. Credits may also be applied to the
applicant's SWMP fees for oversizing in accordance with the SWMP or the
provision of outlet structures. No credit will be given for temporary pond
areas. At this time, the estimated total SWMP fee, due payable to the City at
the time of final plat recording, is $1,390. This fee will be solidified duhng
the review of the final plat.
G:\EN G\LORIk&DM IN\PLANq~IING~aulsen Addition.doc