2 VAR 9247 Lake Riley Blvd.STAFF
PROPOSAL:
LOCATION:
APPLICANT:
construction ofa single l _ ' . '~' ' :::
Summerf~el~
Er
g'ie d
I~ee~oot
,urt
Lake Riley
Witt Variance
June 9, 1999
Page 2
APPLICABLE REGULATIONS
Section 20-481 (a) requires that ALL structures be setback seventy-five (75) feet from
recreational development lakes (Attachment 2).
BACKGROUND
Shore Acres subdivision was platted in 1951 to accommodate cottages and summer homes. The
42 lots range from 24 to 50 feet in width and 130 to 230 feet in depth. Of the original 42 lots,
only 6 remain as single lots. The subject property is a single lot. The remainder of the properties
are assembled as contiguous lots to create a larger buildable area. Although these are lots of
record, many property owners find it challenging to place a home on the lot. Therefore, many
property owners requested variances from zoning ordinance requirements. The following table
summarizes the variances granted on Lake Riley Blvd.
TABLE 1
Variances Granted on Lake Riley Boulevard
Variance # Address
TyPe of Variance
98-12
9247 Lake Riley Blvd.
10' front yard setback variance, 3' side
yard setback variance, and 4' lakeshore
setback variance (area, lot width, lake
access variances)
SUBJECT PROPERTY
98-6
9217 Lake Riley Blvd.
Lots 24 & 25, Shore Acres
7' from yard setback variance for an addition
97-11
9223 Lake Riley Blvd.
Lots 30 & 31, Shore Acres
7' lakeshore variance w/the condition
that only 23 % of the lot be impervious
surface
96-9
9225 Lake Riley Blvd.
Lot 31
3' east setback variance, 5' west setback
variance, a 33' shoreland setback variance
and a variance fi.om the hard surface
coverage.
HOME NEVER CONSTRUCTED
(See Variance #97-1)
Witt Variance
June 9, 1999
Page 3
93-10
9119 Lake Riley Blvd.
Lots 11 and 12
4' shoreland setback variance for garage and
home addition
93 -8
9243 Lake Riley Blvd.
Lots 38 and 39
9' shoreland setback and 8' front yard setback
variance for home addition
92-9
9021 Lake Riley Blvd.
36' shoreland setback variance for deck
addition
92-2 9221 Lake Riley Blvd.
Lot 29
14' front yard, 6.5' side yard, and a 7% hard
coverage variance for a detached garage
91-16 9203 Lake Riley Blvd.
Lots 17, 18, & 19
7.5' side yard variance for a home addition
90-7 9051 Lake Riley Blvd.
Lot 1 Rogers Add.
12' shoreland setback variance for a new
home
89-13 9131 Lake Riley Blvd.
Lots 15 & 16
4' side yard variance for home addition
89-1 9247 Lake Riley Blvd.
Lot 42
14' front yard, 7' shoreland, and 4.5' side
yard set back variances for a new home
SUBJECT PROPERTY --
HOME NEVER CONSTRUCTED
87-8
9005 Lake Riley Blvd.
18' shoreland setback and lot area variances
86-1 9235 Lake Riley Blvd.
Lots 34 & 35
40' shoreland setback variance for a new
home
Ten of the 14 variances were from the shoreland setback (Attachment 3). The following details
the lots' specifics.
TABLE 2
Comparison of Shoreland Variances
Number Address
Proposal 9247
98-12 "
97-11 9225 and
9223
Lot depth Lot width Total area Variance Purpose
147.6 avg. 77.5' street 7,485 14' home
24' lake approx.
187.5 avg. 70' street 16,175 7' home
102' lake
Witt Variance
June 9, 1999
Page 4
96-9 9225 195' avg. 32.5' street 7,825 33' home
52' lake
93-10 9919 130' 95' street 13,000 4' addition
102' lake
93-8 9243 140' avg. 100' both 14,000 9' addition
92-9 9021 92.5 avg. 150' both 13,875 36' addition
90-7 9051 120' 130' both 15,600 12' home
89-1 9247 145' 80' street 7,250 7' home
25' lake
87-8 9005 100' avg. 140' both 13,500 18' home
86-1' 9235 180' avg. 50' street 20,700 40' home
(peninsula
lot)
*west and south portion of the lot have lake frontage
This comparison was presented to show that each of these requests had situations that warranted
relief. Not all variances are created equal.
Lot 42, Shore Acres has had a long history. In 1989, the Board of Adjustments and Appeals
approved the following setbacks on this property: 14 foot front yard setback, 4.5 foot western
side yard setback and 68 foot shoreland setback for the construction of a single family home on
this property. In that same year, contamination was discovered on the site. The Minnesota
Pollution Control Agency (PCA) required the lot to be decontaminated. This process took until
1992. Variances are only valid for one (1) year so if the project has not been substantially
completed, an extension must be requested and granted from the City Council. The City Council
granted five (5) extensions to the property owner. This home was never constructed.
On January 12, 1999, the Board of Adjustments and Appeals granted the following variances: a
12,515 sq. ft. variance from the 20,000 sq. fi. minimum lot area requirement for a riparian lot on a
recreational development lake, a 12.5 foot variance from the 90 foot minimum lot width
requirement, a 51 foot variance from the 75 foot minimum lot width requirement for riparian lots
on recreational development lakes for lake access, a 10 foot variance from the 30 foot from yard
setback, a 3 foot variance from the western 10 foot side yard setback and a 4 foot variance from the
75 foot shoreland setback. The Board of Adjustments and Appeals required the parcel to not
exceed 25 percent of impervious surface.
Table 3 displays the history of the setbacks on Lot 42, Shore Acres. The original home was
significantly smaller than both subsequent proposals. The original home was no closer than 20
feet to the front property and 78 feet to Lake Riley. The variances granted in 1989 did not
require the property owner to maintain either of these two setbacks. The applicant did not design
the house for the size and shape of the lot. The footprint was excessively large. In 1999, the
applicant redesigned a house print. This footprint still encroached into required setbacks so
variances were granted. Originally, the applicant had shown that the home would maintain the
Witt Variance
June 9,1999
Page 5
75 foot lakeshore setback and a 16 foot front yard setback. However, the Board wanted the home
to be 20 feet from the property line abutting Lake Riley Boulevard for vehicle parking so a four
foot variance was approved. The current proposal seeks permission to encroach even further into
the lakeshore setback.
TABLE 3
Setback History
Lot 42, Shore Acres
Setback RSF Original Variance Variance Current
Requirements Requirements House #89-1 #98-12 Proposal
Front 30 feet 20 feet 16 feet 20 feet 20 feet
West Side 10 feet 6.8 feet 5.5 feet 7 feet 7 feet
East Side 10 feet -2.5 feet 10 feet 10 feet 10 feet
Lake 75 feet 78 feet 68 feet 71 feet 61 feet
Lot Area 25 % 23 % 34 % 25 % 25%
The current application seeks a 14 foot variance from the 75 foot lakeshore setback. After a
survey was completed it was determined that the home plan was too large for the parcel. The
home extends 10 additional feet in the shoreland setback. Apparently, an error was made on the
site plan submitted with Variance #98-12. Staff does not support this variance. The proposal
should be designed to be in proportion to the lot shape and area. Approving an additional
variance would depart from existing neighborhood standards.
ANALYSIS
This application is a request for a 14 foot variance to construct a single-family home with a
screen porch and deck 61 feet from the ordinary high water (OHW) level of Lake Riley. The
home is 74 feet from the OHW. The proposed deck is 61 feet from the OHW level. The screen
porch is 67 feet from the lake. The zoning ordinance requires a 75 foot lakeshore setback for
structures on recreational development lakes.
Section 20-58 states that a reasonable use must be granted to the property owner. A reasonable
use is defined as the use made by a majority of comparable property within 500 feet. A "use" is
defined as "the purpose or activity for which land or buildings are designed, arranged 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. A hardship occurs when the owner
does not have a reasonable use of the property. If a hardship has been demonstrated, the property
owner shall be granted a variance to offer relief. In this case, staff believes that the applicant can
construct a single family home within the setbacks permitted by the Board. This is an excessive
request. The property has obvious limitations that should be reflected in the house design.
Witt Variance
June 9, 1999
Page 6
Lake Shore Setback
Lake Riley 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. These setbacks intend to maintain good water quality. All the water
runoff from this lot is discharged into Lake Riley.
The City has worked hard to be proactive in protecting water quality of its lakes and in doing so we
have established favorable relationships with regulatory agencies, such as local watershed districts
and the MN DNR. Chanhassen has earned the ability to regulate building permits without having
duplicate reviews by other agencies. The City has also been working with lakeshore owners
throughout the City, encouraging landscape plans that are "lake friendly" and stressing the
importance of the lake impact zone.
The shoreland management ordinance requires that the City notify the DNR of any requested
variances that deviate from the set standards from shorelands. Ceil Straus, Area Hydrologist, has
prepared a memorandum recommending denial of the request (Attachment 4).
Overall, the home footprint is too large for the lot. The proposed house will be 1,750 square feet
in addition to a finished basement. This is large for a 7,260 square foot lot. The Board of
Adjustments and Appeals gave the applicants permission to encroach into 3 of the 4 required
setbacks. Now the applicant is requesting an additional variance when the survey indicates that
buildable area exists to the east of the garage. The home design is such that the garage protrudes
further to Lake Riley Boulevard than the living space. This footprint is not appropriate for this
parcel because the buildable area is limited. The home design should make the most of the site.
Staff is aware that the applicant designed a home to suit their needs, however, any home on this
parcel should be designed to make use of the buildable area rather than encroaching further into a
setback that intends to protect the environmental health of the lake.
An alternative home plan should be designed that suits the size and topography of the site as well
as meets the setbacks approved by the Board of Adjustments and Appeals. Staff does not believe
that a hardship has been demonstrated and does not support the request.
FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
ao
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
Witt Variance
June 9, 1999
Page 7
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: The literal enforcement of the 71 foot setback does not cause an undue hardship.
The property can reasonably accommodate a home. Although this property is one-half the
size of the required square footage of residential lot, staff believes that a home can be
constructed within the setbacks and complement the character of the neighborhood.
Although pre-existing standards exist in this area, granting requested variance would depart
downward from these standards. It is possible that the adjacent homes could be demolished
in the future so that larger homes could be built, and those new homes would have to meet
the required lakeshore setback.
bo
The conditions upon which a petition for a variance is based are not applicable, generally3 to
other property within the same zoning classification.
Finding: The condition upon which this variance request is based are applicable to all
lakeshore properties. The majority of all residential properties have to maintain the required
setbacks.
Co
The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: A home will increase the value of this property and a larger home will
dramatically increase the value of the parcel.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is self-created. The applicants desire to construct a large home on a
small lot created the variance request. A smaller house pad would complement the lot and
the neighborhood. This is not a neighborhood with large lake homes. It is clear that there is
an alternative.
The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will permit a home to be constructed into a required
setback. The site is located on a lake and green space is important to maximize the
absorbency and filtering of water before it enters the lake.
Witt Variance
June 9, 1999
Page 8
f. The proposed variation will not impair an adequate sUpPly of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The variance will permit a home to be located closer to the lake than what would
normally be found in other lakeshore properties.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission denies the requests for the 14 foot variance from the 75 foot lakeshore
setback requirement for the construction of a single-family home and screen porch/deck based upon
the findings presented in the staff report."
ATTACHMENTS:
1. Application
2. Section 20-481 (a), Shoreland Setbacks
3. Lake Riley Blvd. Variances form Lakeshore Setback
4. Memo from Ceil Straus dated June 9, 1999
5. Property Owners
6. Letter from Neighbor
7. Survey
X\cfs I \vol2\plan\ck\boa\witt 98-12 var 2.doc
CITYOF
69o City Center Orive, ?0 Box I47
Chanhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612.937'.5739
Engineering Fax 612. 937. 9152
Web www. ci, chanhassen, mn, us
LOCATION:
APPLICANT:
1)
PC DATE: June 16, 1999
CC DATE: July 12, 1999
CASE #: sP #99-11, PUD #95-2
By: A1-Jaff:v
Site Plan #99-11 approval for a 5,223 square foot restaurant on Lot 1,
Block 1, Villages on the Ponds 2nd Addition, (Building 3)
Southwest Comer of Hwy. 5 and Great Plains Blvd. Outlot C, Villages on the
Ponds
Alliant Engineering, Inc.
212 2"d Street SE, Suite 300
Minneapolis, MN 55414
Attn.: Maleah Acosta
(612) 676-2745
Ruby Tuesday-
8391 West Lake Drive
Chanhassen, MN 55317
Attn.: Guerrino A. Ruta, Jr.
(612)949-1392
PRESENT ZONING:
PUD
ACREAGE:
0.941 Acres
ADJACENT ZONING
AND LAND USE:
N - BH, Highway 5
S ~ PUD, Villages on the Ponds
E - BN, Gmat Plains Boulevard
W - PUD, Villages on the Ponds
WATER AND SEWER: Available to the site
PHYSICAL CHARACTER:
The site has been prepared for development as part of the
Villages on the Ponds development. Abutting the site to
the west is the Village pond which wraps around the site to
the north.
2000 LAND USE PLAN: Mixed Use: Commercial, Institutional, Office, and Residential
The City of Chanhassen. A ;:rowin~ community with clean/akes, qua{ity schools, a charmin~ downtown, thrivin~ businesses, and beautiful parks. A ereat l~lace to live, work, and plav.
/'s Restaurant
~, 1999
cI tO
69 ......TJ~e al)l)[icg!n~t is request site plan approval for a one story, 5;223 square foot, single tenant,
ti Ct t~emer wi'we, ru IJo.¥ l.~t l ....
,, q, c.o..mmercml ¢mld~ng. It ~s proposed to be occupied by a restaurant (Ruby Tuesday's). The
c'an'assen'13~[f[l~St~s~{ocated immediately east of the Village Pond which is at the heart of the Villages on
?hone (}~e0~c~s concept and overlooks the wetland environment. This area is highly visible from
GeneralEa~l~l~3~ as well as from the northern tier of the development.
Engineering Fax 612.93Z 9152
P"blicSafeo'!C.~ia(ff2[°d4t2~th the applicant and explained that due to the multiple frontages on this building, it
Mb wwmc/v~asO~ss,mial that none of the elevations give the impression ora rear of a building or service
area. The applicant was successful in achieving this objective. All elevations are designed with
architectural relief. The main building material is face brick. Diamond shaped medallions,
columns, and awnings rap around the building. The applicant submitted colored elevations,
however, actual materials have not been submitted to our office with the exception of the brick.
Staff visited the Ruby Tuesday's Restaurant located in Edina (part of Southdale Mall) and found
that the colors shown on the plans are not reflective of the actual colors used on the building.
The columns, diamond shaped medallions, and rosettes use brick as their main material. These
elements are colorful. The plans specify paint colors. These colors must be integrated into the
brick. Painted brick is not permitted. Rooftop'equipment is screened by a mansard roof, as well
as, parapet walls. Two types of light fixtures are used on the building. The first is a gooseneck
and the second is an "up and down" light (refer to exterior elevations). Staff counted 72 light
fixtures on the building. (If these lights resemble those used on Ruby Tuesday in Edina, then
they will not emit high glare, however, 72 light fixtures is excessive and the number must be
reduced). The "up and down" light fixtures can be eliminated. The city ordinances prohibit
unshielded light fixtures.
Over all, the design is compatible and meets the intent and criteria for Villages on the Ponds.
Trash enclosure is located in the parking lot, east of the building and will be shared between the
subject building and a retail building to be located east of the subject site (the trash enclosure was
approved as part of a previous application).
Wall mounted signs are proposed on three walls. The sign criteria for this PUD permits signage
on street frontages and main parking lots only. The sign facing the pond must be removed. A
clear red neon band in 3 inch channel with clear plexiglass appears on four elevations. The sign
ordinance treats neon bands as signs. The maximum allowable sign area for the front elevation is
156 square feet. The proposed sign have the following area:
Elevation Sign Neon Band
East 23.25 sq. ft. 8.75 sq. ft.
South 0.5 sq. ft.
The City of Chanbassen. A growing community with clean lakes, qualic3, schools, a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and play,
Ruby Tuesday's Restaurant
June 16, 1999
Page 3
North 23.25 sq. ft. 13 sq. ft.
West 23.25 sq. ft. 1.25 sq. ft.
The landscape plan does not meet minimum ordinance requirement. Number of plantings must
be increased.
On November 24, 1997, the City Council approved Site Plan #97-11 for a 5,300 square foot
building (building 3) on Lot 1, Block 1, Villages on the Ponds 2nd Addition, for Famous Dave's.
The building was never built and the Ruby Tuesday building is proposed to replace the Famous
Dave's Restaurant. The applicant must officially withdraw the approved Famous Dave's site
plan.
The plat for Villages on the Ponds 2nd Addition has not been recorded. Approval of this site plan
is contingent upon recording the plat.
Staff is recommending approval of the site plan subject to the conditions of approval.
BACKGROUND
On May 11, 1999, the City Council approved the final plat for Lot 1, Block 1, Villages on the
Ponds 3rd Addition subdividing Outlot D and part of Outlot E, Villages on the Ponds for
Houlihan's.
On May 11, 1998, the City Council approved Site Plan 98-5 for a 7,443 square foot Houlihan's
Restaurant.
On November 24, 1997, the City Council approved Site Plan #97-11 for a 5,300 square foot
building (building 3) on Lot 1, Block 1, Villages on the Ponds 2nd Addition, for Famous Dave's.
On September 23, 1997, the city granted approval for a 14,849 square foot retail building on Lot
2, Block 1, Villages on the Ponds 2nd Addition, (Building 4). Building 4 is a one story, 14,849
square foot, multi-tenant, retail building.
On September 23, 1997, the city granted Final Plat approval for Outlot C into Lots I and 2,
Block 1, and Outlot A, Villages on the Ponds 2nd Addition.
On August 11, 1997, the City Council approved the proposed 30,000 square foot office building
(building 17) on Outlot K, Village on the Ponds (#97-9 SPR), plans prepared by Milo
Architecture Group, dated 6/13/97.
Ruby Tuesday's Restaurant
June 16, 1999
Page 2
On December 16, 1996, the City Council approved Site Plan 96-13 for a 45,505 square foot
Americlnn Motel and Suites facility.
On September 23, 1996, the City Council approved PUD 95-2, Villages on the Ponds, including
a Comprehensive Land Use Plan amendment from Office/industrial, Institutional, Residential
Medium Density, Residential Low Density to Mixed Use-Commercial, High Density Residential,
Institutional and Office; Preliminary planned unit development for up to 291,000 sq. ft. of
commercial/office buildings, 100,000 sq. ft. of institutional buildings, and 322 dwelling units;
Rezoning from IOP and RSF to PUD, Planned Unit Development (final reading); and final plat
dated "Received September 19, 1996" for two lots and ten outlots and public right-of-way.
On September 9, 1996, the City Council approved Site Plan 96-11 for a 96,288 square foot
school church facility for St. Hubert Catholic Community.
On August 12, 1996, the City Council granted preliminary approval of PUD #92-1 including a
Comprehensive Land Use Plan amendment from Office/industrial, Institutional, Residential
Medium Density, Residential Low Density to Mixed Use-Commercial, High Density Residential,
Institutional and Office; Preliminary planned unit development for up to 291,000 sq. ft. of
commercial/office bUildings, 100,000 sq. ft. of institutional buildings, and 322 dwelling units;
Rezoning from IOP and RSF to PUD, Planned Unit Development (first reading); Preliminary plat
for 13 lots and 3 outlots and public fight-of-way; Wetland Alteration Permit to fill and excavate
wetlands on site; Vacation of right-of-way and easements; Environmental Assessment Worksheet
(EAW) findings of Negative Declaration of the need for additional environmental investigation;
and Indirect Source Permit Review for the Villages on the Ponds project.
Sector II has a 47,200 square foot motel and is proposing a 14,849 square foot retail building and
a 5,300 restaurant. In addition, a future building 2, west of the Village pond, is proposed for a
7,500 square foot commercial building. Sector II was allocated a total of 60,000 square feet for
commercial/retail space. In order to accommodate all of this potential commercial space in
sector II, 14,849 square feet of retail space must be transferred from Sector I.
WETLANDS
The issue of wetland impacts and wetland mitigation have already been addressed in the overall
Villages on the Pond PUD. The applicant has already been approved for wetland impacts and
mitigation.
SURFACE WATER MANAGEMENT PLAN (SWMP)
Ruby Tuesday's Restaurant
June 16, 1999
Page 3
Storm Water Quality Fees
The SWMP has established a water quality connection charge for each new subdivision based on
land use. Dedication shall be equal to the cost of land and pond volume needed for treatment of the
phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction
shall be based upon a schedule in accordance with the prescribed land use zoning. Values are
calculated using market values of land in the City of Chanhassen plus a value of $2.75 per cubic
yard for excavation of the pond. The proposed SWMP water quality charge for commercial
developments is $5,909/acre. The applicant has designed storm runoff (NURP) ponds for the
entire Villages on the Ponds site, and therefore, water quality charges will be waived.
Storm Water Quantity Fees
The SWMP has established a connection charge for the different land uses based on an average
city-wide rate for the installation of water quantity systems. This cost includes land acquisition,
proposed SWMP culverts, open channels and storm water ponding areas for runoff storage.
Commercial developments will have a connection charge of $4,360 per developable acre. The total
area of this portion of the Villages on the Ponds proposed development is 2.13 acres. Therefore,
the applicant would then be responsible for a water quantity connection charge of $ 9,287. These
SWMP fees will be due payable to the City at time of final plat recording.
GENERAL SITE PLAN/ARCHITECTURE
The proposed development must comply with the Villages on the Ponds Design Standards,
Sector II (see attached Exhibit C) for the PUD. The purpose of this zone is to create a mixed use
PUD consisting of commercial, institutional, office, and residential uses. The use of the PUD
zone is to allow for more flexible design standards while creating a higher quality and more
sensitive proposal. All utilities are required to be placed underground. Each lot proposed for
development shall proceed through site plan review based on the development standards outlined
in the design standards. The design criteria cover all aspects of the development including
lighting consistency, signage requirements, uses, building materials, design and architectural
detailing, site coverage, and building square footages
LANDSCAPING
Minimum requirements for landscaping include 983 sq. ft. of landscaped area around the parking
lot, two landscape islands and four trees for the parking lot. Applicant's proposed as compared
to the requirements for landscape area and parking lot trees is shown in the following table.
Vehicular use landscape area
Required Proposed
952 sq. ft. >983 sq. ft.
Ruby Tuesday's Restaurant
June 16, 1999
Page 4
ITrees/parking lot
4 overstory
2 landscape islands
1 understory
2 landscape islands
Applicant fails to meet minimum ordinance requirements for number of trees and landscape
islands in the parking lot. Staff recommends that the applicant increase the number of overstory
trees in the parking lot and revise proposed landscape islands to include overstory trees. Island
width will need to be increase to ten feet or aeration tubing will be required to be installed in the
islands. Landscaping, such as shrubs or ornamental trees, should be added to the north end of the
parking lot to provide some screening of the lot from Highway 5. Plant materials chosen should.
tie into the pond landscaping located directly north of the lot.
Landscaping around the building is satisfactory, however staff recommends applicant blend some
of the landscaping in with the pond area. Since the pond is a focal point, landscaping should be
designed to complement this feature and buildings around the pond should incorporate their
landscaping into this area.
SITE PLAN FINDINGS
In evaluating a site plan and building plan, the city shall consider the development's compliance
with the following:
(1)
Consistency with the elements and objectives of the city's development guides,
including the comprehensive plan, official road mapping, and other plans that may
be adopted;
(2) Consistency with this division;
(3)
Preservation of the site in its natural state to the extent practicable by minimizing
tree and soil removal and designing grade changes to be in keeping with the
general appearance of the neighboring developed or developing or developing
areas;
(4)
Creation of a harmonious relationship of building and open space with natural site
features and with existing and future buildings having a visual relationship to the
development;
(5)
Creation of functional and harmonious design for structures and site features, with
special attention to the following:
Ruby Tuesday's Restaurant
June 16, 1999
Page 5
ao
An intemal sense of order for the buildings and use on the site and
provision of a desirable environment for occupants, visitors and general
community;
b. The amount and location of open space and landscaping;
Materials, textures, colors and details of construction as an expression of
the design concept and the compatibility of the same with adjacent and
neighboring structures and uses; and
Vehicular and pedestrian circulation, including walkways, interior drives
and parking in terms of location and number of access points to the public
streets, width of interior drives and access points, general interior
circulation, separation of pedestrian and vehicular traffic and arrangement
and amount of parking.
(6)
Protection of adjacent and neighboring properties through reasonable provision
for surface water drainage, sound and sight buffers, preservation of views, light
and air and those aspects of design not adequately covered by other regulations
which may have substantial effects on neighboring land uses.
Finding: The proposed site plan is consistent with all plans and specifications and
development design standards for the Village on the Ponds Planned Unit Development.
RECOMMENDATION
Staff recommends the Planning Commission recommend approval of Site Plan #97-12 for a
5,223 square foot building on Lot 1, Block 1, Villages on the Ponds 2nd Addition, dated received
May 17, 1999, subject to the following conditions:
1. Applicant shall incorporate four overstory trees in the parking lot landscaping and revise
proposed landscape islands to include overstory trees.
2. Landscape islands will need to be increased to ten feet wide or aeration tubing will be
required to be installed.
3. Add landscaping to north side of property to screen parking lot from Highway 5.
4. Add landscaping that blends pond area with proposed planting plan.
Ruby Tuesday's Restaurant
June 16, 1999
Page 6
5. The developer shall enter into a site plan agreement and provide the necessary security
required by the agreement.
6. Add planter boxes to east and west sides of building.
7. All roof top equipment shall be screened from views.
8. The applicant shall officially withdraw the approved Famous Dave's site plan.
9. The applicant shall reduce the number of gooseneck lights and eliminate the "up and down"
light fixtures.
10. Painted brick is not permitted. Color may be applied through EIFS.
11. The proposed commercial development of 2.13 net developable acres is responsible for a
water quantity fee of $9,287. This fee is due payable to the City prior to the City filing the
final plat.
12. The wall mounted sign along the west elevhtion shall not be permitted.
13. Site Plan approval is contingent upon recording of Villages on the Pond 2nd Addition.
ATTACHMENTS
1. Development Review Application
2. Design Description/conformance to PUD
3. Memo from Mark Littfin to Robert Generous dated August 13, 1997
4. Exhibit C - Villages on the Ponds Development Design Standards
5. Public Hearing Notice and Mailing List
6. Plans dated received May 17, 1999.
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
'TELEPHONE (Daytime)
ADDRESS: ,.~3Z~ ~"~ -~/~,'"~
TELEPHONE:
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Interim Use Permit
Vacation of ROW/Easements
._L---~ariance
Non-conforming Use Permit
Wetland Alteration Permit
Planned Unit Development*
__ Zoning Appeal
~ Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Site Plan Review*
Subdivision*
Notification Sign
X Escrow for Filing Fees/Attorney Cost**
($50 CUPISPRIVACNAR/W AP/Metes
and Bounds, $400 Minor SUB)
TOTAL FEE $ .~-~"'-
A list of all property owners within 500 feet of the boundaries of the property must be Included with the
application.
l~u~ding 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.
05/26/99 08:00 FAX 6124747447 JA~IES-JESSUP ~02
05/2.4/gg MON 14:43 FAX 6124178113 ~ICI..EODUSA
[~oo~
A deterrnina~n of compteleness of the appllcmion shall be made wilhin ten business days of ap~i~tion submittal A written
xtO~e Of ~ (lefioienc~'es shall be maile~ te the applicant within ten business c~ys. of appigcal~on_
Thl~ is to ~ 1hat I am making application for 1he described ac~on by the Glty and that I am responsible for complying edth
a;'C.~y ~ with regard to this recluest, This appiica .tion should be processed in my name and I am the party whom
'the C~y should cOntact regarding any ~ taerta!n[ng'to th~ .=_.,_np~lca~r~, I .h.a,,e_ _.~..ach~ ~ r~py ~ prnnf nl~ nwr~.~h.~ (e~her
copy of Owner's Dupli~ C, ertir~,ete of Title, Ab~traot of Title or purchase agreement), or I am the authorized peason to make
mis appP_,~_ t~o~ a,'xl the fee owner has also signed lflis application.
keep myself inforwa~ of the deac~li.~tes for ~m~n ~ ~te~ a~ ~ pr~ of th~ ~~n. I ~r
u~~ ~ a~onal f~s may ~ ~a~ ~ ~u~g fees, fe~ ~, em. ~h ~ ea~ ~r ~ any
~~ ~ ~ ~h t~ s~dy. ~e ~me~ a~ info~a~n i have ~bm~ am ~ a~ ~ to ~e ~ ~
The applicant should contact staff for a ~opy of the staff report which will be avMlable en Friday prior to the meeUag,
If trot ~cal~acted, a ropy o~ the report will be mailed to the applicant's addrem~
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,
s~res 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
Sewage
Structures 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:
Setback (in feet)
(1) Top of bluff; 30
(2) Unplatted cemetery; 50
(3) Right-of-way line of federal, state, 50
or county highway; and
Supp. No. 8 1195
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DNR WATERS
DA TE:
TO:
FROM:
PHONE:
SUBJECT:
STATE OF MINNESOTA
Office Memorandum
6/9/99
Cindy Kirchoff, City of Chanhassen
Ceil Strauss, Area Hydrologist
651-772-7914 FAX: 651-772-7977
Variance Request - 9247 Lake Riley (Lot 42, Shore Acres), Lake Riley (10-2), City of
Chanhassen, Carver County
I've reviewed the information regarding the above-reference variance request you faxed on 5/27/99.
DNR recommends denial of the request. I do not see any demonstration of hardship to warrant a
variance. They just got a variance for the house; they knew the limitations of the site.
If the city chooses to approve this variance request, please advise me within 10 days of the final action
and forward a copy of the findings of fact and minutes. Please call me if you have any questions.
c: City of Chanhassen Shoreland File
PROPOSAL:
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION MEETING
WEDNESDAY, JUNE '16 1999 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
Request for a '14' Variance
for Construction of Single
Family Residence with
Screened Porch
APPLICANT: Brinn and Bob Witt
LOCATION: 9247 Lake Riley Blvd.
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicants, Brinn and Bob Witt, are requesting a 14 foot variance to the 75 foot lakeshore
setback for the construction of a single family home and screened porch/deck on property
zoned RSF and located on Lot 42, Shore Acres.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
developer's request and to obtain input from the neighborhood about this project. During the
meeting, the Commission Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses project. The commission will then
make a recommendation to the City Council.
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 Cindy 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 June 3, 1999.
Lake Riley
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JUN- 8-99 TUE 8'08 AM ANDERSEN CONSULTING FAX NO, 612+372+2525
P,' i
To: Cindy at the Plaru~i.ng Department
City of Chanh.asse~'t
Phorte 612-937-1900 x117
Fax 6:12-937-5739
From: Fred Potthoff
9231 Lake Kiley Bird
Chard-~assen MN 55317-8654
Home Phone 612-445-0176
Work Phone 612-372-2765
support givit~g the Witts a variance for their property at the end of Lake Riley Boulevard. The lot had
home on it once before. Now the lot is empty. It has always beert a narrow lot.
I would like to see a home built there again.
Yours truly,
Fred Potth. off
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We hereby certify th
representation of a
the land above desc
all buildings, if any,
Dated this 20th day
SUNDEJ_A~D SURVE'
John K. Borne
99--101
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