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1 VAR 2362 Fawn Hill CourtCITY OF PC DATE: 5/3/99 CCDATE: CASE #: 99-1 VAR By: Kirchoff:v STAFF REPORT PROPOSAL: LOCATION: APPLICANT: A request for a 30 foot variance from the 30 foot bluff protection setback for the installation o.fa chain link fence. 2362 Fawn Hill Court (Lots 7 & 8, Forest Meadow) Debra & Michael Benkovich 2362 Fawn Hill Court Chanhassen, MN 55317 401-3375 PRESENT ZONING: ACREAGE: DENSITY: RSF, Single Family Residential 2.4 acres (2 lots) N/A ADJACENT ZONING AND LAND USES: WATER AND SEWER: PHYSICAL CHARACTER: 2000 LAND USE PLAN: N.' S: E: W: PUD-R, Woods at Longacres A-2, Agricultural Estate Galpin Blvd. Meadows at Longacres Available to the site. The site contains a natural wetland, a bluff and. tree preservation area. A house exists on Lot 8 and Lot 7 is vacant with the exception of the driveway easement. Residential-Low Density ighover N 1 BANEBE 2 CLOVEF 3 CONEFL 4 PRIMRO BANEBERR CONE FLOr BLUEBONN CHICORY V~ POPPY DR 10 BLUE SAG 11 WATERLE~ 12 LADY SLIP 13 BUTTER C 14 BLUESAGE 5 WATERLE~ 16 SNAPDRA Arboretum/F t,,,.st,..t B°ule 82nd Street/ C_.,ou 4 Autumn Ridge 5 Autumn Ridge Ln 6 Autumn Ridge 1 HarvestLg-~ 2 Harvest W~y Autumn Avenue Coulter Blvd tberwooc Dr ¸15 Benkovich Variance April 28, 1999 Page 2 APPLICABLE REGULATIONS Section 20-1401 states that structures are prohibited on the bluff and shall maintain a minimum ora 30 foot setback from the top, toe and side of the bluff(Attachment 2). Section 20-1 defines the bluff impact zone as "a bluff and land located within twenty (20)feet fi~om the top of the bluff." Section 20-1019 states that no fences shall be permitted below the ordinary high water mark of a wetland (Attachment 3). Section 20-1178 (a) states that it is the policy of the city to preserve woodland areas throughout the city and with respect to specific site development to retain as far as practical, substantial tree stands which can be incorporated into the overall landscape plan~ BACKGROUND In 1995, the Forest Meadow subdivision was approved. The review process dictated that all natural features such as forested areas, wetlands and bluff areas be located. The forested areas and the bluff were located on the plat. The wetland was not noted on the plat or the survey for the building permit. Staff's research and site inspection revealed a wetland. The wetland inventory indicates that this is a natural wetland that is a portion of a larger wetland to the north in the Woods at Longacres subdivision. This entire area is a contiguous wildlife habitat area. The city's Natural Resource element policies encourage the preservation of these by means of development restrictions and preservation easements. By permitting the fence, the city permits the fragmentation and isolation of this natural area. Both Lots 7 and 8 have large tree conservation easements on the northern portion of the property. The 30 foot bluff setback and tree preservation easement were indicated on the survey at the time of building permit. The applicant would like to install a chain link fence on the bluff and in the tree conservation easement. The fence will maintain no setback. ANALYSIS The applicant is requesting a 30 foot variance from the 30 foot bluff setback for the installation of a chain link fence 5 feet in height on the bluff. If this variance is approved, a setback will not be maintained. The existing house is 30 feet from the top of the bluff. The blt~ffprotection ordinance prohibits structures on the bluff and requires that all structures maintain a minimum setback of 30 feet from the top, toe and side of the bluff. The proposed fence is also located in a tree conservation easement. The zoning ordinance considers a fence a "structure." Benkovich Variance April 28, 1999 Page 3 The applicant requests this variance to enclose their rear yard because neighborhood children are altering or damaging trees. They contend that installing a 5 foot high fence will prevent or discourage children from entering the property. There are two issues or "variances" in this application. One cannot be granted without the other. If a variance is granted from the bluff setback, the applicant must sign an encroachment agreement to install the fence in the conservation easement. Conversely, an encroachment agreement cannot be signed without the variance. Bluff Setback The bluff setback was prepared by the Minnesota Department of Natural Resources (DNR) to protect bluffs from the negative impacts of development. According to the DNR, "the 30 foot structure setback from the bluff top provides a minimum distance between the bluff top and the planned or proposed foundation, walls or eaves of a structure for the maneuvering of building materials during construction." They also define the bluff impact zone as the 20 feet from the top of the bluff. This area should be preserved to maintain the natural appearance of the bluff and prevent soil erosion. Staff supports the intent of this setback. Tree Preservation Easement The entire stand of trees in the Forest Meadow subdivision is protected by a tree conservation easement. The wooded area in question extends to the north into the Woods at Longacres subdivision so this is not a small stand of trees. A conservation easement document has been filed for both Lots 7 and 8. This document is located in Attachment 4. It clearly states that constructing, installing or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothes line poles and playground equipment is prohibited. Staff cannot permit an encroachment into the easement without the approval of the variance. If the variance is approved, the applicant will have to sign a "Statement of Encroachment" as a condition of approval. This document is included in Attachment 5. Also, the applicant will have to provide confirmation that no trees will be removed or damage by the installation of the fence. Natural Wetland The wetland inventory and classification map indicates that a natural wetland flows through the northwestern portion of both lots (Attachment 6). The ordinance requires that any fence be located outside the ordinary high water mark of the wetland and does not have to meet a required setback. However, staff has noted the setback on the site plan for informational purposes. Benkovich Variance April 28, 1999 Page 4 Since its adoption city-wide in 1994, staff has approved four variances from the 30 bluff setback. Two were for deck additions and the remaining two were for new homes. Staff only recommended approval of one of the applications because a hardship was present. None of these variance requests were to place a structure on the bluff. Based on the information submitted by the applicant, staff does not believe the applicant has demonstrated a hardship. A hardship occurs when the owner does not have a reasonable use of the property. A reasonable use is defined as the use made by a majority of comparable property within 500 feet. A "use" can be defined as "the purpose or activity for which land or buildings are designed, 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. The inability to install a fence does not constitute a hardship. The applicant could place "No Trespassing" signs along the perimeter of the woods instead of installing the fence. Additionally, approving this variance will permit an encroachment into a conservation area which is protected by an easement signed by the developer. Staff does not find a compelling reason to recommend approval of this variance. Furthermore, permitting the applicant to encroach into a tree conservation easement without a hardship could create a precedent. The regulations that a municipality imposes on private property intend to protect the investment as well as the health, safety and welfare of the community. Without the bluff setback, homes would continue to be built on the top of the bluff, thus causing increased erosion and the possibility of damage to the home and the natural features of Chanhassen. Staff does not believe that the applicant has demonstrated a hardship to support the variance from the bluff setback and the encroachment into the tree conservation easement. The inability to construct a fence is not a hardship. Furthermore, a reasonable use exists on this property. Therefore, staff recommends denial of the variance from the bluff ordinance for the installation ora fence. 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: 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 them are pre-existing standards in this neighborhood. Variances that blend with these pm-existing standards without departing downward from them meet this criteria. Benkovich Variance April 28, 1999 Page 5 Finding: A single family home with attached garage exist on the property so the applicant has a reasonable use of the property. The inability to install a fence does not constitute a hardship. Approving this variance would depart downward from the existing neighborhood standards and could create a precedent. bo The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions are applicable to many lots since many bluffs are present throughout the city. The bluff setback was adopted city-wide because of the community's sensitive topography. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: Staff does not believe that the variation is based on the desire to increase the 'value of the property. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The hardship is self-created. The request itself created the hardship. The applicant could install "No Trespassing" signs instead of the fence. eo 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 variance will permit a structure to be located in the bluff. This encroachment could negatively affect the bluff. 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 variation will enable a structure to maintain a lesser bluff setback than would be found in other properties in the RSF zoning district. Benkovich Variance April 28, 1999 Page 6 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies the request for variance # 99-1 for a 30 foot variance from the 30 foot bluff setback based upon the findings presented in the staff report and the following: 1. The applicant has not demonstrated a hardship to warrant the granting ora variance." Should the Planning Commission approve the request, the following conditions shall apply: 1. The applicant shall sign a "Statement of Encroachment" with the city. 2. The applicant will provide confirmation that no trees will be damaged or removed by the fence installation. 3. The fence shall be located outside the ordinary high water mark of the natural wetland. ATTACHMENTS 1. Application and Letter 2. Section 20-1400, Bluff Protection 3. Section 20-1019, Fences 4. Conservation Easement Document 5. "Statement of Encroachment" 6. Wetland Inventory & Classification Map 7. Site Plan 8. Public hearing notice and property owners g:\plan\ck\boa\benkovich 99-1 var.doc CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APR 0 9 1999 OWNER:-I'l'O~j~ J~ ~ ADDRESS: TELEPHONE: Comprehensive Plan Amendment __ Temporary Sales Permit Conditional Use Permit Interim Use Permit Non-conforming Use Permit Vacation of ROW/Easements Wetland Alteration Permit PJanned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits __ Sign Plan Review Site Plan Review' Subdivision* ~ Notification Sign X Escr~v)~fo~r Filing Fees/Attorney Cost** ~-~ ~ ~'$50 ~UP/SPR/VACNAR/W AP/Metes .;'~ ~.~',.-.~,-~ '~l"[~c~unds, $400 Minor SUB) ~.~}.~ ~ r~.r TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Dui]~i~g ,,atu~]al 3amples must be submitted with sitc plan rrvicws.~ ~'~-wenty-six full ulzc folded copies of the plans must b¢ .~ul~t~itted, im. luding an BY," X 1-1" reduced copy-of. ~:ra~cparency for e~ch plan shoals,-. '*. ~-e~ow will bc rcquirod for othcr applioatiot',.o ti .... ~;5.-l. he~.w,l,%,,, iun~--contruet~ NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. ' NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION This application must De ~mpleted in full and be ~pewd~en or clearly pri~ed and ~ ~ a~mpanied by all i~o~ation and plans required by applicable C~ Ordinance provisions. Before filing this appli~ion, you s~uld. ~er w~h the PJanning Depa~ment to determine the spec~ic ordinance and pm~dural requireme~ ~plic~le to ~ur ~plication. This is to certify that I am making application for the described action by the Cb and that I am responsible fo~' 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 (e~ther 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. I will keep myself informed of the deadlines for submission of matedal and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate pdor 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. ! also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's I:~ice and the original document returned to City Hall Records. Signature of Applicant Date Signature of Fee Owner Date Apptication Received on Fee Paid Receipt No. · The appllcant 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. April 2, 1999 Board of Adjustments and Appeals City of Chanhassen 690 City Center Drive P.O. Box 147 Chanhassen, MN 55317 Dear Board Members: We are requesting a variance from the bluff ordinance in order to install a fence on our property. The specific dimensions and specifications are noted on the attached survey. The fence that we hope to construct in the bluff area would be 60 inches high. The materials used would be chain link. This fence would be hidden from sight as it would be camouflaged by the woods. The portion of the fence that would be visible would be a decorative, double rail split rail fence. We hope to install this fence for a number of reasons. The primary reason is to protect the trees on our property from damage. We have had an ongoing problem with neighborhood children attempting to construct forts and various other structures on or with our trees. We understand that a wood can be an attractive playground for youngsters, but they seem to be under the misconception that this wOod is public property. Atter cleaning up an assortment of trash including buckets of paint, wooden boxes, windshield wipers, a Christmas tree, bicycle tires, pulling down tire swings, and finding boards pounded into several of our lovely trees we felt that we had had enough and decided to install a fence. It is our hope that by clearly defining our boundaries we will alleviate any confusion as to who owns this property. We also feel that this fence will be instrumental in preventing any more damage to the trees on this protected bluff. We thank you for your time and consideration. Sincerely, Debra Benkovich Michael Benkovich ZONING § 20-1402 Secs. 20-1352---20-1399. Reserved. ARTICLE KKVIII. BLUFF PROTECTION Sec. 20.1400. Statement of intent. Development, excavation, clearcutting and other activities within the bluffimpact zone may result in increased dangers of erosion, increased visibility to surrounding properties and ~thereby endanger the natural character of the land and jeopardize the health, safety, and welfare of the citizens of the city. To preserve the character of the bluff impact .zone within the :city, alteration to land or vegetation within the bluff area will not be permitted except as regulated by this article and by the regulations of the underlying zoning district where the property is located. (Ord. No. 152, § 2, 10-14-91; Ord. No. 249, § 2, 4-8-96) Sec. 20-1401. Structure setbacks. '(a) Structures, including, but not limited to, principal buildings, decks, and accessory buildings, except stairways and landings, are prohibited on the bluffand must be set back from -the top of the bluff, the toe of the bluff, and the side of a bluff at least thirty (30) feet. Co) On parcels of land on which a building has already been constructed on June 1, 1991, the setback from the top of the bluff is five (5) feet or existing setback, whichever is more, for additions to an existing building. Any new buildings will have to meet the thirty-foot setback. (Ord. No. 152, § 2, 10-14-91; Ord. No. 249, § 3, 4-8-96) Sec. 20-1402. Stairways, lifts and landings. Stairways and lifts may be permitted in suitable sites where construction will not redirect water flow direction and/or increase drainage velocity. Major topographic alterations are prohibited. Stairways and lifts must receive an earthwork permit and must meet the following design requirements: (1) Stairways and lifts may not exceed four (4) feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments. (2) Reserved. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, 'iifts 2nd iandings must be located in the most visually inconspicuous portions of lots. Supp. No. 9 1273 § 20-1402 CHANHASSEN CITY CODE (6) Facilities such as ramps, lif~s, or mobility paths for physically handicapped persons are also allowed, provided that the dimensional and performance standards ofsubitems (1) to (5) are complied with. (Ord. No. 152, § 2, 10-14-91; Ord. No. 218, § 1, 8-22-94) Sec. 20-1403. Removal or alteration of vegetation. Removal or alteration of vegetation within a bluff impact zone is prohibited except for limited clearing of trees and shrubs and cutting, pruning and trimming of trees to provide a view from the principal dwelling site and to accommodate the placement of stairways and landings and access paths. Removal or alteration of vegetation must receive prior approval of the planning director or designee. An on-site review will be made to determine if the removal or alteration of vegetation will require new ground cover. In no case shall clearcutting be permitted. City staff will work with the property owner to develop a means of creating a view while minimizing disturbance to the bluff impact zone. (Ord. No. 152, § 2, 10-14-91) Sec. 20-1404. Topographic alterations/grading and filling. An earthwork permit will be required for the movement of more that ten (10) cubic yards of material within bluffimpact zones. The permit shall be granted if the proposed alteration does not adversely affect the bluff impact zone or other property. Topographic alterations/grading and filling within the bluffimpact zone shall not be permitted to increase the rate of drainage. The drainage from property within the bluff impact zone may not be redirected without a permit from the city. Fill or excavated material shall not be placed in bluff impact zones. (Ord. No. 152, § 2, 10-14-91) Sec. 20-1405. Roads, driveways and parking areas. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluffimpact zones when other reasonable and feasible placement alternatives exists. If no alternatives exist, they may be placed within these areas, and must be designed to not cause adverse impacts. (Ord. No. 152, § 2, 10-14-91) Sec. 20-1406. Reserved. Editor's note--Section 2 of Ord. No. 218, adopted Aug. 22, 1994, deleted former § 20-406, pertaining to the official bluff impact zone map, derived from Ord. No. 152, adopted Oct. 14, 1991. Supp. No. 9 1274 ZONING § 20-1449 Sec. 20.1407. Reconstruction of lawful nonconforming structures. Lawful nonconforming structures that have been damaged or destroyed may be recon- structed provided that it is reconstructed within one (1) year following its damage or destruction and provided the nonconformity is not materially increased. (Ord. No. 152, § 2, 10-14-91) Sees. 20.1408~20-1449. Reserved. Supp. No. 9 1274.1 ZONING § 20-1020 Sec. 20-1017. Permit. A building permit shall be obtained for any fence installed for any purpose other than an agricultural purpose prior to installation of same. A site plan showing location of the fence shall be submitted with the permit application. The building official may require a fence permit application to provide a registered land survey establishing property lines. (Ord. No. 80, Art. VI, § 12(6-12-2, 6-12-4, 6-12-5), 12-15-86) Sec. 20-1018, Commercial and industrial fences. (a) Fences for screening or storage purposes installed on property used for commercial or industrial uses may have a maximum height of eight (8) feet. When commercial or industrial uses abut property used or zoned for residential uses, a fence at least six (6) feet in height may be placed between the residential and the commercial and industrial property if the city determines that there is a need for a fen'ce. The city may elect to use landscaping consisting of berms and vegetation to provide screening. If a fence is used, such fence must be one hundred (100) percent opaque. Commercial or industrial fences over eight (8) feet shall require a conditional use permit. (b) Fences utilizing barbed wire in all commercial and industrial districts shall require a conditional use permit. (Ord. No. 80, Art. VI, § 12(6-12-10), 12-15-86; Ord. No. 90, § 3, 3-14-88; Ord. No. 255, § 2, 7-22-96) Sec. 20-1019. Location. (a) Generally. All fences shall be located entirely upon the property of the fence owner unless the owner of the adjoining property agrees, in writing, that said fence may be erected on the property line of the respective properties. Such an agreement shall be submitted at the time of building permit application. (b) Wetlands. No fences shall be permitted below the ordinary high water mark of a wetland. (c) [Buffers.] No fences will be permitted between a required landscape buffer and a collector or arterial street. (Ord. No. 80, Art. VI, § 12(6-12-3), 12-15-86; Ord. No. 181, § 1, 3-8-93; Ord. No. 255, § 3, 7-22-96) Sec. 20-1020. Construction and maintenance. Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in such condition as to not become a hazard, eyesore, or public or private nuisance. Ail fences shall be constructed so that the side containing the framing supports and cross pieces face the interior of the fence owner's lot. Any fence which does not comply with the provisions of this chapter or which endangers the public safety, health or welfare shall be Supp. No. 9 1241 § 20-1020 CHANHASSEN CITY CODE considered a public nuisance. Abatement proceedings may be instituted by the proper-city official after fifteen days' notification, if the owner of such fence has not undertaken the necessary repairs to abate the nuisance. Link fences shall be constructed in such a mnnner that no barbed ends shall be exposed. (Ord. No. 80, Art. VI, § 12(6-12-6), 12-15-86) Sec. 20-1021. Swimming pool fences. All in-ground swimming pools shall be protected by a fence not less than five (5) feet in height. Ail gates shall have a self-closing and self-latching latch installed on the pool side of the fence. Ail fences shall be nonclimable and shall have intermediate rails or ornamental pattern such that a sphere four (4) inches in diameter cannot pass through. Subsection (a) does not apply to pools which are located on property which are completely enclosed by perimeter fence five (5) feet in height. (Ord. No. 80, Art. VI, § 12(6-12-7), 12-15-86; Ord. No. 110, § 2, 8-28-89) Sec. 20.1022. Shoreline fences. Fences to be installed on riparian lots shall have a maximum height of three and one-half (3~2) feet in the rear yard (lake side). (Ord. No. 80, Art. VI, § 12(6-12-8), 12-15-86) Sec. 20-1023. Height. Any fence over six and one-half (6¥2) feet must receive a conditional use permit. The fence height is measured from grade to the highest point on the fence. Ail other residential fences shall meet the following standards: (1) Side yards and rear yards. In any side or rear yard on lots, the height of fences shall not exceed six and one-half (6¥2) feet. (2) Front yards. Fences in the required front yard setback area that are opaque shall not exceed three (3) feet in height. Chain link fences in this area shall not exceed four (4) feet in height. All other open fences in this area shall not exceed six and one-half (6¥2) feet in height. (3) Corner or double fronted lots. In addition to the other provisions contained in this section, fences located on corner or double fronted lots shall be subject to the following provisions: a. Any fence within the required front yard setback area shall not exceed three (3) feet in height if opaque construction, or four (4) feet in height if open construction. b. The maximum height of a fence shall conform to the requirements of fences in front yards within the corner site triangle. Two (2) sides of corner site triangle commence at the corner of the lot located at the intersection of the two (2) streets Supp. No. 9 1242 CONSERVATION EASEMENT INSTRUB/IENT made fids 3.r.d day of .D.e. cember , 19.95, by and between David A. Stockdale and Anganette Mcbryde-Stockdalt.e~__: __,,._ ,hereinafter referred to as "Grantor(s)", and the CITY OF CI-IANIIASSEN, a Minnesota ~nunicipal corporation ("City"). 'WITNESSETH: The Grantor(s), in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, grant unto the City a permanent conservation easement for the purposes set forth in this instrument, over, under, and across the premises described in the attached Extfibit A ("subject property"). David A. Anganette 1 OrantorCs) for.st:oqkdale , Mcbryde- heirs, successors, and assigns, St:ockdale agree that the following are prohibited in perpetuity on the subject property: A. ,ConstrUcting, installing, or maint_al.ning anything made by man, including but not limited to bujldings,_structures, walkways, clothes line poles, and play~round equipment. B. Cutting, removing, or altering trees or other vegelation, except for no.,dous weed control by or as directed by a governmental agency. Excavation or filling D. Application of fertilizers, whether natural or chemical. E. Application of chemicals for the destruction or retardation of vegetation. F. The deposit of waste, yard waste, or debris. Thc application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. II. Outside storage of any kind. I. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. David A. Anganette 2. Grantor(s), f0r.qrn~k~o , M.cBryde heirs, successors, and assigns, Stockdale ' further grant the City the affirinative right, but not the obligation to do the following on the subject property: Preserve, improve, and enhance the slope, trees, vegetation, natural habitat by altering, clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. Enter upon the subject property at any time to enforce compliance with the terms of this instrument. (SEAL) GRANTOR(S): David A. Stockdale CITY OF CHANIIASSEN Don As worth,~t~ity Manager STATE OF MINNESOTA ) COUNTY OF [ia, eg-~ ) The foregoing instrument was acknowledged before me this [~.~.,~)vc ,19,1 I-., by day of NOTARY PU ,BLIC STATE OF MINNESOTA ) )SS. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this /,,'/~ day of ~., 19¢51, by Donald J. Chmiel and by Don Ashworth,'r. espectively the Mayor and City Manager of the City of Chanhasscn, a Minnesota municlpal corporatlon, on behalf of the corporation and pursuant to the aufl~orlty granted by its City Council. DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 RNK:srn PROPOSED TREE PRESERVATION DESCRIPTION FOR JMS COMPANIES November 28, 1995 That part of Lots 1, 6, 7 and 8, Block 1, FOREST MEADOW, according to the recorded plat thereof and situate in Carver County, Minnesota lying northwesterly of the following described line: Commencing at the northwest corner of said Lot 8; thence South 1 degree 56 minutes 40 seconds East, assumed bearing along the west line of said Lot 8 a distance of 237.00 feet to the point of beginning of the line to be described; thence North 67 degrees 44 minutes 24 seconds East a distance of 164.57 feet; thence North 42 degrees 23 minutes 35 seconds East a distance of 97.34 feet; thence North 54 degrees 59 minutes 05 seconds East a distance of 97.00 feet; thence South 89 degrees 20 minutes 05 seconds East a distance of 143.00 feet; thence North 9 degrees 57 minutes 09 seconds East a distance of 44.00 feet to the north line of said Lot 1 and said line there terminating. CITYOF CHAN SEN 690 Cily Center Drive, PO Box I ~7 Chanhassen, Minnesota 55317 ?hone 612.937. i900 General Fax 612.937.5739 Engineering Fax 612.937.9152 Public Safeff Fax 612.934.2524 Web wwm ci.&anhassen, mn. us STATEMENT OF ENCROACHMENT The City of Chanhassen approves Building Permit # for._(address)_. The approved structure encroaches into the tree preservation easement, but to the best of the knowledge of the City and the applicant does not pose a potential danger to any trees within the easement, in addition, the applicant states that no trees will be removed for the construction of the proposed structure. All future construction within the easement will not be permitted unless approved by the City. Further enlargement of the proposed structure within the easement must also be approved by the City. All conditions of the Tree Preservation Easement for the __(name of development)__ development still apply. The applicant agrees to all conditions and statements. Building Permit Applicant Date City Staff Date The Civy of Chanhassen. A growing communi{y with clean lakes, quali{y schooh, a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and play iM 0 ~_Nti 10-12P ~iloe Ap~rox' ~ A11-7, NATURAL L Proposed F~nce 'Proposed Fence PRESERV./ ESMT. LINE / / // // // // / / TOP=10t 9.81 INV=995.68 NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, MAY 5, 1999 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Request for Variance to Install Fence APPLICANT: LOCATION: Michael and Debra Benkovich 2362 Fawn Hill Court NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants, Michael and Debra Benkovich, are requesting a variance from the Bluff Protection Ordinance for the installation of a fence, on property zoned RSF, Residential Single Family, Lots 7 & 8, Block 1, Forest Meadow, 2362 Fawn Hill Court. 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: t. 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 April 22, 1999. >.rtZ Z o ZrcZ ~ "r ij.i >azz 2 o ° ~ >z Z ~ Z ~Z ~ -- O~Z z z ~¢ ~ z z U.l ffi "r- nr z~-Z 7mT o')OZ ZOz < w >_~r~ u_~< 1.1.1 cow' ,~ co '-r )~-- wr.h nw -r~ nO 0 Z~ ~ Z W Z 0 N ~ ~>,Z Wrn~ Z wZ~ LL X Z I-" rD rr I'-- cO Z 0 0 Z ~o~ ~o~ <oz ~oz <oz ~ ~'z ~oz Z ~ Z w z ~mz Z uJ ww ww > -rn-Z ~>z n- OcP-Z WZ~ >'0<