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CC Report 8-23-04 CITY OF CHANHASSEN 7700 Market Boulevard POBox147 Cll3rlhassen îvI~155317 Administration Phone 9522271100 Fax 952227.1110 Building Inspections Phone 952 227.1180 Fax 952.227.1190 Engineering Phone 952.227.1160 Fax 952.227.1170 Finance Phone 952.227.1140 Fax 952.227 1110 Park & Recreation Phorle 952.2271120 Fax 952.227.1110 ReueatlDrl Center 2310 Coulter Boulevard Phone 952.2271400 Fax 952.227.1404 Planning & Natural Resources PlIOI18 952.2271130 Fax 952.2271110 Public Works 1591 Park Road Ph,0112 9522271300 Fax 9522271310 Senior Center Phone 952.2271125 Fax 952.2271110 Web Site www.cl.chaI11Iassen nlnUS - - ~.' )\ It·, MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Lori Haak, Water Resources Coordinator DA TE: l~/,..." August 17, 2004 \\V SUBJ: Wetland Alteration Permit: Woods Dock Planning Case 04-24 EXECUTIVE SUMMARY The applicant is proposing the installation of a boardwalk from the rear portion of 6745 Lakeway Drive and across a wetland to provide permanent access to Lake Lucy. A permanent floating dock will extend lakeward from the boardwalk to provide boat access by way of a dock. ACTION REQUIRED City Council approval requires a majority vote of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on August 3, 2004 to review the proposal. The Planning Commission voted 4 to 0 to recommend approval of the Wetland Alteration Permit. The verbatim minutes are attached. RECOMMENDA TION Staff recommends adoption of the motion approving Wetland Alteration Permit 04-24 as specified in the staff report dated August 3, 2004. A TT ACHMENTS 1. Planning Commission Staff Report dated August 3, 2004 2. Planning Commission Minutes dated August 3, 2004 g:\plan\2004 planning cases\04-24 - woods wap-6745 lakeway drive\woods cc exec sum.doc The City of Chanhassen · A growlllg commurllty with clean lakes quality schools a cllarmlng wllldlng trailS. and beautllul parks. A gæat place 10 live. work. alld play ~ z < u ~ ~ ~ ~ < < ~ < ~ ~ ~ ~ 00 - PC DA;,IìF,: August 3, 2004 CC DATE: August 23, 2004 CITY OF CHANHASSEN REVIEW DEADLINE: August 29, 2004 CASE #: 04-24 BY: LH STAFF REPORT PROPOSAL: Wetland Alteration Permit for Placement of a Dock LOCATION: 6745 Lakeway Drive (Lot 5, Block 2 - Whitetail Cove) APPLICANT: Matthew and Suzanne Woods 6745 Lakeway Drive Chanhassen, MN 55317 PRESENT ZONING: RSF - Single Family Residential District 2020 LAND USE PLAN: Residential Low Density ACREAGE: 0.93 acres DENSITY: 1.2-4 units/acre Net SUMMARY OF REQUEST: Installation of a boardwalk across a wetland to provide access to Lake Lucy. Boardwalk will be permanent to minimize impacts to wetland. Notice of this public hearing has been mailed to all property owners within 500 feet and all lakeshore property owners. - .- Woods Dock Wetland Alteld£Ìon Permit Planning Case No. 04-24 August 3, 2004 Page 2 PROPOSAL SUMMARY The applicant is proposing the installation of a boardwalk from the rear portion of 6745 Lakeway Drive and across a wetland to provide permanent access to Lake Lucy. A permanent floating dock will extend lakeward from the boardwalk to provide boat access by way of a dock. Lake Lucy c;(] APPLICABLE REGUA TIONS Sec. 20-404. No net loss. To achieve no net loss of wetland, except as provided under section 20-416 of this article, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, burn, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. Sec. 20-405. Standards. The following standards apply to all lands within and abutting a wetland: (3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high water mark or six (6) to eight (8) inches above the ground level, whichever is greater. (4) Access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. - .- Woods Dock Wetland Altel"LÌon Permit Planning Case No. 04-24 August 3, 2004 Page 3 Sec. 20-407. Wetland alteration. (a) An applicant for a wetland alteration permit shall adhere to the following principles in descending order of priority: (1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; (2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation. Sec. 20-408. Permit required. Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (3) Installation of boardwalks. BACKGROUND The applicant contacted the City during Spring 2004 regarding the placement of docks/boardwalks on the subject property. The applicant has applied for a wetland alteration permit in order to install a boardwalk/dock across the wetland that would meet the required ten-foot (10') side yard setback. The wetland along the south edge of the property is adjacent to Lake Lucy. It is classified by the City's Surface Water Management Plan (SWMP) as a natural wetland. The wetland is dominated by cattails. ANALYSIS Posts and pilings for projects typically built on pilings (such as docks and boathouses) are not classified as fill under the Minnesota Wetland Conservation Act (Attachment 5). The applicant has minimized wetland impacts by proposing a permanent structure across the wetland. This will eliminate the need for crossing the wetland annually to install the dock/boardwalk. FINDINGS Permanent structures that minimize or avoid wetland impacts are encouraged where wetland crossings are necessary. Boardwalks are intended to be permanent structures that provide access across wetland areas. The boardwalk should be installed across the wetland as a permanent structure and a dock should extend from the boardwalk into Lake Lucy to provide docking for watercraft. This is consistent with what is proposed by the applicant. - - Woods Dock Wetland Altel"LÌon Permit Planning Case No. 04-24 August 3,2004 Page 4 The rear portion of the lot at 6745 Lakeway Drive is encumbered by a drainage and utility easement. An encroachment agreement is necessary for the installation of the boardwalk across the easement. The dock setback zone is defined in Section 6-1 of the City Code as "the area inside and running parallel to and ten (10) feet from the extended lot lines of a lot abutting a lake." The dock should be located outside of the dock setback zone. RECOMMENDATION Staff recommends that the Planning Commission City Council adopt the following motion: "The Planning Commission City Council recommends approval of Wetland Alteration Permit #04-24 for a boardwalk across the wetland at 6745 Lakeway Drive subject to the following conditions: 1. The boardwalk shall be installed across the wetland as a permanent structure and a dock shall extend from the boardwalk into Lake Lucy to provide docking for watercraft; 2. The applicant shall enter into an encroachment agreement with the City for the installation of the boardwalk across the drainage and utility easement; and 3. The dock shall be located outside of the dock setback zone." A TT ACHMENTS 1. Findings of Fact. 2. Application received June 29,2004. 3. Notice of Public Hearing, Chanhassen Villager. 4. Notice of Public Hearing and Affidavit of Mailing dated July 22, 2004. 5. Excerpt from Minnesota Wetland Conservation Act (MR 8420.0110). 6. Surveyors Certificate showing proposed dock. g:\plan\2004 planning cases\04-24 - woods wap-6745 lakeway drive\woods staff report cc.doc - - CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Matthew and Suzanne Woods for a Wetland Alteration Permit 2004-04. On August 3, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Matthew and Suzanne Woods for a wetland alteration permit. The Planning Commission conducted a public hearing on the proposed wetland alteration permit preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned RSF, Single-Family Residential. 2. The property is guided in the Land Use Plan for Residential- Low Density (1.2 - 4.0 units per net acre). 3. The property is located at 6745 Lakeway Drive. 4. The wetland permit meets the applicable standards from the city code: a. Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high water mark or six (6) to eight (8) inches above the ground level, whichever is greater. b. Access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. c. A voiding the direct or indirect impact of the activity that may destroy or diminish the wetland. d. Minimizing the impact by limiting the degree or magnitude of the wetland acti vity and its implementation. 5. The planning report #2004-24, dated August 3, 2004, prepared by Lori Haak, is incorporated herein. - - RECOMMENDA TION The Planning Commission recommends that the City Council approve the Wetland Alteration Permit. ADOPTED by the Chanhassen Planning Commission this 3rd day of August, 2004. CHANHASSEN PLANNING COMMISSION BY: Uli, Sacchet, Chairman g:\plan\2004 planning cases\04-24 - woods wap-6745 lake way drive\findings of fact.doc - - cc.~ CITY OF CHANHASSEN RECEIVED CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 JUN 2 9 2004. APPLICANT: DEVELOPMENT REVIEW APPLICATION fYìo. tthli:vJ ~ SÙ"ZA"(I~ WOODS OWNER: (Y)A "ÏïtiE¡,.) ~. SvzG"r"le WooDS CHANHASSEN PLANNING DEPT ADDRESS: ~ ì L.fS LAke Wc...'1 1) R.. C \--..0\'" ~a. 6 ~eV' M N 5" 5""3 I ì TELEPHONE (Day Time) (9 5 J)' <-I ì"'¡ ."3 '8 '-i ~ ADDRESS: b 1 '-15 LI:\. ke LJ~'1 D'2. C ho.V\ hCl\55PV) M N 553 I 7 TELEPHONE: (<15;») &.. 1 ~ - 331.{:l Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non-conforming Use Permit X Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign X Escrow for Filing Fees/Attorney Cost** Site Plan Review* - $50 CUP/SPRNACNARIWAP/Metes & Bounds - $400 Minor SUB Subdivision* TOTAL FEE $ ~OO.O " Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box Œr' Building material samples must be submitted with site plan reviews. *Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy 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. LOCATION: c'7't5 - WOt S- L..c.. k e o..-J Ø-1 S ec..h'/1h t11 ,. /] t1" .s i> .f-c- - Re S;:D£ÙTI4L Doc.. () f?, C l1ct".. 11", s~ LEGAL DESCRIPTION: C 14 !?v(J( C /7 ~ 7ð vJr¡ sh ,'p 1/ /:; L 0 + 5 ) IS I DC k ;J ) LCt /ca. L.:J C 7 . M ¡.) 55"317 R ¡t} ¡J y .;)3 .) Wh.-k 7e..1 Co..;':'/ PROJECT NAME: TOTAL ACREAGE: A ¡P' Of. WETLANDS PRESENT: X YES c:::t ("("(. NO PRESENT ZONING: R..es; O~N-r'4- REQUESTED ZONING: -RQ s: ()I::: "rT, ¿:J '- PRESENT LAND USE DESIGNATION: RQ $10 E'ð T 4'-- REQUESTED LAND USE DESIGNATION: tJ... @I.. ,-,..c:.- R.e 5,'Otv'T'¡::)<-, REASON FOR REQUEST: PrOfç'rt1 fo Cov'\s+,-·..;c+-- ~ f ré) v ì oE: A cresS Doc. k VY\ R eS/oe:íU 7/ #'L, fo LA k:e. L VC'1 / This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. 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. I 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 if development revifw cannot be completed within 60 days due to public hearing requirements and agency review, the ~ requires an autorryatic 50-day extension for development review. Development review shall be c=ple'oo wllhin 120 day I unlæs addi' i]; e:en;:~ ~ ~:roved by 'he applicant. I ' n Date ,I] 6!J0/0f Date Application Received on (p /2. q / Ó4 , , Receipt No. EE / 50S <..0 Fee Paid t;'2C:ú. OC 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. G:\plan\forms\Development Review Application.DOC - - NOTICE OF PUBLIC HEARING PLANNING CASE NO. 04-24 CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 3,2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Wetland Alteration Permit for the placement of a boardwalk/dock across a natural wetland to provide access to Lake Lucy. The site is zoned Residential Single Family and is located at 6745 Lakeway Drive. Applicant: Matthew and Suzanne Woods. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Lori Haak, Water Resources Coordinator Email: Ihaak@ci.chanhassen.mn.us Phone: 952-227-1135 (Publish in the Chanhassen Villager on July 22,2004) -. - CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July 22,2004, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Planning Case No. 04-24 - Woods Wetland Alteration Permit to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. l Subscribed and sworn to before me this~iday of ..ju I, i , 2004. i ;''-'' A ~. , \ L¡:h \ ----- I -- 1'" I. / Vj ¡¡ Q .. u..-v1.Å.¥..A- N otary 'p1I!?~.<;'· ·- ... CI) CI) ~ tnS c .- .- U) J.. 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This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regardIng the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free. and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liab!e for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. c;(] Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03. Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend. indemnify, and hold harmless the City trom any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. ~ .. ~,II -ñ~~rn~ LlJLLFFfM-( f(8Ã .rs,1J'.....,~,.".'.=z.\\~ or lþF" :~.~V¡t:e/ff-t;;;;;; Dlll¡~"iË:: -\\ . ~ 4.~ - l~'n~ r:~~~¡~·r/QIJ.!kf L----- ~,Y l / eo"~ T """.""" ~~jj ,~ ~ ~; l // _ ~ ~ II '''H.c,'''' ~ (:: i ........... ~ .F 3~ ' J ¡. "- ~ ''''~''o'''ó IRN¡' I ~- - ., ¡(Q~~UJ ;T K~I~5f~S~c= " ~/ 7 ~ --J rm\111 \ ,'-~ , 'f~t;yq~, \ J / ;Ef .~~.. I'C '[I'-.( Subject ¡' J\-- ~¡ ~ l-- ¡ "\-, . I¡.".C=~ Property '~~~"d 11 ~ _ ð ~I ~L ~j, 1)_. ~"'"~'~ ~LJ'::. ~ 'I ~ï%{?/L d(&- k ~~~'= ~ " o - . ~ ,_. ....f:1D¡' ..-/ . ',:: '::-. '- .'N.f ' "-- r I I \\ 1/ ~"'"" \ ,}=7 .~/lIL U=,,, I -// \ .., ;J~c Y;_I~ DAI\ U"il'lll n--rÄ \ 8 /\TTTT't~ ~~))JJJ I- 2 ~YOIllD~í R .-. - Public .-tearing Notification Area (500 Feet + Riparian) Woods Dock Wetland Alteration Permit 6745 Lakeway Drive City of Chanhassen Planning Case No. 04-24 ~ ,) - ,\ ALAN ROBERT & MARY E WEINGART 1685 STELLER CT EXCELSIOR MN 55331-9080 BRIAN J WARPINSKI & KELLY A CYSKIEWICZ 4625 CASCO AVE EDINA MN 55424-1128 DONALD J & NANCY L GIACCHETTI 6679 LAKEWAY DR CHANHASSEN MN 55317-7578 GERALD F HOFFMANN 6830 UTICA TER CHANHASSEN MN 55317-9557 JACK J & KATHRYN K RANDALL 1571 LAKE LUCY RD EXCELSIOR MN 55331-9022 JOSEPH J & 0 GAYLE MORIN 1441 LAKE LUCY RD CHANHASSEN MN 55317-8405 LAWRENCE H & NANCY S MCDOWELL 6663 LAKEW A Y DR CHANHASSEN MN 55317-7578 MAX C & JAN M GLENN 6712 LAKEWAY DR CHANHASSEN MN 55317-7579 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317-8201 RONALD C & MARY ELLEN KNUDTEN 6850 UTICA TER CHANHASSEN MN 55317-9557 - ANTHONY 0 & GRETCHEN A ROEPKE 6735 LAKEW A Y DR CHANHASSEN MN 55317-7579 DENALI CUSTOM HOMES 18283 MINNETONKA BLVD SUITE B WAYZATA MN 55391-3346 EDWIN & CORREEN G NEWINSKI 6930 UTICA LN CHANHASSEN MN 55317-9201 GLORIA J & DALE E CARLSON TRUSTEES OF TRUST 6900 UTICA LN CHANHASSEN MN 55317-9201 JAMES & CLAUDETTE G SCHLUCK 6800 UTICA TER CHANHASSEN MN 55317-9557 KRIS E & LISA T BERGL Y 6687 LAKEW A Y CT CHANHASSEN MN 55317-7578 LOSCHEIDER CUSTOM HOMES INC 1607 FLORIDA AVE N GOLDEN VALLEY MN 55427-4205 MICHAEL KRAUSE & KRESSIN KRAUSE 7050 UTICA LN CHANHASSEN MN 55317-9214 ROCKFORD R W ALDIN JUDY M CHRISTENSEN 7100 UTICA LN CHANHASSEN MN 55317-9528 SCOTT E & TAMARA G SATHER 7090 UTICA LN CHANHASSEN MN 55317-9214 - BONNIE S MCCOSKEY 6720 POINTE LAKE LUCY CHANHASSEN MN 55317-8434 DENNIS E & SUSAN J SCHEPPMANN TRUSTEES OF TRUST 6740 LAKEWAY DR CHANHASSEN MN 55317-7579 ERIC MICHAEL RIVKIN 1695 STELLER CT EXCELSIOR MN 55331-9080 HEIDI J CARISCH 7000 UTICA LN CHANHASSEN MN 55317-9214 JAMES H & GWEN M WILDERMUTH 6672 LAKEW A Y DR CHANHASSEN MN 55317-7578 LAKE LUCY RDG HOMEOWNERS ASSN C/O RANDALL R NOECKER 8315 PLEASANT VIEW DR MOUNDS VIEWN MN 55112-6139 MATTHEW L & SUZANNE C WOODS 6745 LAKEWAY DR CHANHASSEN MN 55317-7579 PATRICK A MOHR & MAUREEN 0 LORD MOHR 6890 UTICA TER CHANHASSEN MN 55317-9557 ROGER M & E ELAINE SAMPSON 6710 POINTE LAKE LUCY CHANHASSEN MN 55317-8434 STATE OF MINNESOTA IN TRUST C/O AUDITOR - DNR WITHHELD 600 4TH ST E CHASKA MN 55318-2184 THOMAS A & JEAN B HOGHAUG 6713 LAKEW A Y DR CHANHASSEN MN 55317-7579 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 - WILLIAM B & PATRICIA C WARD 6960 UTICA LN CHANHASSEN MN 55317-9201 - WILLIAM 0 LAMBRECHT & JOANNE M LAMBRECHT 6990 UTICA LN CHANHASSEN MN 55317-9201 - - 1 Subp. 12. Day. "Day" means a calendar day unless 2 specified otherwise. The day of the event shall not be used in 3 counting any time period. 4 Subp. 13. Repealed, 22 SR 1877 5 Subp. 13a. Degraded wetland. "Degraded wetland" means a 6 wetland that provides minimal wetland function and value due to 7 human activities such as drainage, diversion of watershed, 8 filling, excavating, pollutant runoff, and vegetative or 9 adjacent upland manipulation. 10 Subp. 14. Ditch. "Ditch" means an open channel to conduct 11 the flow of water, as defined in Minnesota Statutes, section 12 103E.005, subdivision 8. 13 Subp. 15. Drain or drainage. "Drain" or "drainage" means 14 any method for removing or diverting waters from wetlands. The 15 methods shall include, but are not limited to, excavation of an 16 open ditch, installation of subsurface drainage tile, filling, 17 diking, or pumping. 18 Subp. 16. Drainage system. "Drainage system" means a 19 system of ditch or tile, or both, to drain property, including 20 laterals, improvements, and improvements of outlets. 21 Subp. 17. Excavation. "Excavation" means the displacement 22 or removal of substrate, sediment, or other materials by any 23 method. 24 Subp. 18. Fill. "Fill" means any solid material added to 25 or redeposited in a wetland that would alter its cross-section 26 or hydrological characteristics, obstruct flow patterns, change 27 the wetland boundary, or convert the wetland to a nonwetland. 28 It does not include posts and pilings for linear projects such 29 as bridges, elevated walkways, or powerline structures, or 30 structures traditionally built on pilings such as docks and 31 boathouses. It does include posts and pilings that result in 32 bringing the wetland into a nonaquatic use or significantly 33 altering the wetland's functions and values, such as the 34 construction of office and industrial developments, parking 35 structures, restaurants, stores, hotels, housing projects, and 36 similar structures. It does not include slash or woody 37 vegetation, if the slash or woody vegetation originated from 38 vegetation growing in the wetland and does not impair the flow 39 or circulation of water or the reach of the wetland. 40 Subp. 18a. 50 to 80 percent area. "50 to 80 percent area" 41 means a county or watershed with at least 50 percent but less 42 than 80 percent of the presettlement wetland acreage intact. 43 Subp. 19. Floodplain wetland. "Floodplain wetland" means 44 a wetland located in the floodplain of a watercourse, with no 45 well defined inlets or outlets, including tile systems, ditches, 46 or natural watercourses. This may include the floodplain itself 47 when it exhibits wetland characteristics. 48 Subp. 20. Flow-through wetland. "Flow-through wetland" 49 means a wetland with both a well defined outlet and one or more 50 well defined inlets, including tile systems, ditches, or natural 51 watercourses. 52 Subp. 20a. Greater than 80 percent area. "Greater than 80 53 percent area" means a county or watershed where 80 percent or 54 more of the presettlement wetland acreage is intact and: 55 A. ten percent or more of the current total land area 56 is wetland; or 57 B. 50 percent or more of the current total land area 58 is state or federal land. 59 Subp. 20b. Hayland. "Hayland" means an area that was 60 mechanically harvested or that was planted with annually seeded 61 crops in a crop rotation seeded to grasses or legumes in six of 62 the last ten years. 63 Subp. 21. Hydric soils. "Hydric soils" means soils that 4 - EøtnbU"hed In 1962 NO. 58308 881-70 INVOICE F.B.NO. SCALE: 1" = 30' / lOT SijJJRVlE:YS COMPANY, IIMC. LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA'7"I_q5~1' 7601 73rd Avenue North 1"~ &i:i!-51f0-3093 0 Fax No. 560-3522 Mlnneapollø. Mlnneøota 55426 § uru- PY LtrS (a;prtifit'"tt fp Denotes Iron Monument Denotes Wood Hub Set for excavation only xOOa.O Denotes Existing Elev<;ltion e Denotes Proposed Elevation - Denotes Surface Drainage NOTE: Proposed gradøs are eub ject to results of soli tMtS. Proposed building Information must be checked with approve, building plan and development ( grading pion before excavation q12 !nd construction. . ,'1. Proposed Tap of Black '11'2.4- . Proposed Garoge Floor 'Ib¡\''k Proposed Lowest Floor Type of Building F\!I.-L. ßM:>¡:¡I-4~N í W4t..I¿o<JT ora< WSŒIill)ER Hœß') Property located in Section 2, Township 116, Range 23, Carver County, Minnesota " ~l /ji.;¡.' NOTE:Check sanitary sewer service depth basement floor elevation may he' below service invert_ - - Contour Line ~~ Proposed Contour line [..L- f(t-C I\-I-L,"" " I) t~'" w" r'tTI'","'J IZ- µíq~ 1M. ~. \-)i'.'" ';pI" f<ZM'oS<;" ~ Tor of WAI..A.. ~!!1'"lllo..J'µt, ~1f7Ð c.o..,. ~f wí~l-L. ~ YJ,c.....'.. ~ v ,,"'I" v ,-, 9S5.9 @) I'\,\' l' I "- ~ ~ '>-.. :,:, is ~ ¡W)' r() ¡{) ~ \.fI~~ ()Îf> '1..: l(\<-,1(;: -." I ~~ " 'I: Q:' ~g ~ 0<;' ... :!-. f:!: '" 0 '< ~;¡o;; ~ (j it t, $:: /5 i¡] ~4J~~.~;;t ~~~ß·~~~;.a 0<'- Q.'¡':"(;J ':rl!¡ ftf°¡;.....·~~.'!:'-<.- ~ ~.., ~ q; Q ù --..../:i- :"" ~ .:;:, J;;j ,:¿. /P i5? fd ~;~ J.¡~ j" !.f.¡ ¿'f 4, "': lJ ~) ð t:J 3 .;:'f.? O,::>"1.;.-~ "2 3 Q~ ~ $' ..crtt;',Ji? liJ \1.\, \.L ~;¡ r!.J ~;<' ¡i/ ~~~ ..:J ~ ~ Ht¿!fr 9,,1. '4 CITY OF CHANHASSEN 1!3f'i[:Ii'O%'[:,,[Q) ~ Loc",..;""" o~ P r '" po 5".{ -----t> Doc'!;. ) / 5,\.-\.""" <"'Ú :" c: ;._ SCCI Ie. '~ QQJ r CJJL-/ Q 1/ (\ (ì ¡,,'" CQ~ t ~,,- Chorles F. Andsrson. Minn. Rsg. No.21753 0 Gregory R. Prosch. Mlnn Reg No. 24992 " DEC 2 1 2000 ., ENGINEERING DEPT. Lot 5, Block 2, WHITETAil. rovE The only easements shown úre from plats of record or information provldod by client. We hereby certify thot thIs Is 0 trus ond correct ropresontatlón O! o survey of the boundaries of the above doscribsd land and the location of 011 buildings and visible encroachments, if any. from or on acid lond. í ,Survøyed by us this 22nd doy of Noverober * S ¡IE 8 PRöju..+ ~ ".. r,. \- I j'f1"Y"\ La Co... .toR - .- CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 3, 2004 Chairman Slagle called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Rich Slagle, Bethany Tjomhom, Dan Keefe and Kurt Papke MEMBERS ABSENT: Uli Sacchet, Craig Claybaugh and Steve Lillehaug STAFF PRESENT: Sharmeen AI-Jaff; Senior Planner, Lori Haak, Water Resource Coordinator; and Matt Saam, Assistant City Engineer PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd Janet Paulsen 7302 Laredo Drive 7305 Laredo Dri ve PUBLIC HEARING: WETLAND ALTERATION PERMIT FOR THE PLACEMENT OF A BOARDW ALK/DOCK ACROSS AN AG/URBAN WETLAND TO PROVIDE ACCESS TO LAKE LUCY. THE SITE IS ZONED RESIDENTIAL SINGLE FAMILY AND IS LOCATED AT 6745 LAKEWAY DRIVE, MATTHEW AND SUZANNE WOODS, PLANNING CASE NO. 04-24. Lori Haak presented the staff report on this item. Slagle: Questions of staff. Keefe: Yeah, I have a question. Slagle: Go ahead Dan. Keefe: Just in regards to the dock portion, is the dock going to be straight out as well, like it's depicted on, or is it going to T at the end or, is there any mention of that? Haak: No. The information that staff has at this time is that it's going to be a straight dock, so you may want to address the applicant with that question for more detail. Keefe: Great. That's the only question I have. Papke: How long is the dock? We had a very similar case to this, I don't recall exactly how long ago it was. Maybe 9 months or so ago, and I don't recall the details of the debate but I remember there being quite a bit of discussion around how to define the maximum/minimum length of the dock. Could you please briefly review what the city code calls for and exactly how long this dock is and how it meets those requirements. - .- Planning Commission lv...\.;eting - August 3, 2004 Haak: Certainly. In many cases it's difficult to determine the exact length of the dock until you start to install it. Simply because you don't know what the depth of the water at that point is until you've worked your way out to it. So with this application, as with all other docks that we consider or other people with whom I discussed docks at the staff level, the length of the dock really varies, so the criteria are this. The first is that the dock cannot exceed 50 feet in length, unless it takes more than 50 feet to get into 4 feet of water, and that's the city's criteria. Now the other component of the city code that comes into play at that point is that the dock cannot be an obstruction on the lake or to other property owners access to their property so let's say Mr. Woods in this case is the middle property of 3 properties in that subdivision. There is one person to his west that also has a dock. If Mr., if the man, the property owner excuse me, to the west were to call the city and complain about the length of the Woods' dock, we would ask the Woods' to remove sections of their dock so as to not obstruct navigation. Papke: So how do we check compliance of that? Is the dock inspected after it's constructed? Haak: Typically it's not. Unless there is some sort of a complaint. Typically we don't, unless we receive complaints about it, navigation or something of that nature. Papke: Okay. Keefe: I just have one follow-up question. In regards to the setback. The setback is from the dock itself to the edge of the property line, or the extended property line out to the lake. Haak: That's right. Keefe: It's not, it wouldn't be, so you could still have a boat on, within the 10 foot area, is that correct? Haak: That's right. Keefe: Okay. So it is just the structure itself. Haak: That's correct. Keefe: Right, okay. Good enough, thanks. Tjomhom: Does the DNR require a type of material to be used for the dock? I mean is there like a set it has to be wood or could it be? Haak: No. No, they don't really, the DNR has given those types of considerations over to the municipalities and we don't have anything that determines that. 2 - - Planning Commission Ihveting - August 3, 2004 Slagle: I don't have any questions. Is the applicant here? And if they'd like to, come up and state your name and address and share with us your application. Matt Woods: Thank you members of the commission. My name is Matt Woods, along with my wife Suzanne I'm the applicant for this application. My wife and I moved into the neighborhood about 2 years ago. Built a house in White Tail Cove and thankfully we're able to get onto Lake Lucy. A very beautiful property. Beautiful area and for a number of years now we've been eyeing being able to access the lake. We've talked to both our neighbors on both sides. We are using the same dock installation company that both the neighbors had used. It's a company by the name of Fine Line. Commissioner, to address your concern and your question, the materials being used are a combination of metal, for the permanent aspect of the structure and then on, a polymer type for the decking and that is comparable with what the neighbors on both sides have used. With respect to the length, it is estimated about 150 total. Not just the dock portion but the formal boardwalk portion, given all the setbacks from a tangible or solid point of land to the one out to reach that depth of water. I tried myself to walk out there several times and it's really, it's really marsh over the area that we're considering the boardwalk. I personally believe we're going to be well within the guidelines that have been laid out here. But if I can answer any specific questions the commission may have. Keefe: I just have a question. Actually it's a question I should ask staff. The dock itself, is it going to be just straight out or are you going to T it or what are you thinking? Matt Woods: Right now all we're applying for is the straight line. The company that's offered it as a proposed to us a 6 foot crossing of the T so to speak. So at the end of there commissioner, there would be like a 6 foot on so 3 foot on both sides. Candidly, until you had raised the issue I didn't know that that was an issue. It's not critical to us but it had been proposed by the company. For us it's not important one way or another. Keefe: I guess I'd go back to staff in regards to the setback, would it, if they T'd at the end, would the 3 feet technically then be within the setback? Haak: Yes. Then it would need to be setback 13 feet from the side. Or the main portion of the dock rather. Matt Woods: And with respect to that, the angle, what the company is telling us, because of the lay of the land, I'm sorry I don't know how the overhead camera. Oh there they are. That in fact the dock might actually angle a little bit away from the neighboring property in order to take advantage of the most, there's certain sections there that are more solid than others. In order to get, to minimize the impact and to create the shortest distance to open water. They were proposing taking with that line area, adjusting it slightly so it's coming out that way. Also keeping in mind the 10 foot setback. Slagle: Okay, any questions? I've got one. And Lori, if you wouldn't mind putting up that geographical overhead. And it's maybe a staff and an applicant question but if you use your neighbor to the west as a measuring point and his or her dock, where would 3 - - Planning Commission :tYH;eting - August 3, 2004 your's be in relationship to that as far as length goes? Do you anticipate it being any further out? Matt Woods: Our's, the total length commissioner will be shorter because our property is, it's a diamond shape. It juts out. The property itself juts further out as you enter it. See approximately here whereas our neighbor property had to start his deck from here and his juts out approximately from there to the open water area right about here. The total length will be shorter. We anticipate that we would stop at the same approximate point along a latitudinal line so to speak. Slagle: Okay, where, if I can ask, is the property to the east as far as their dock goes? If someone can just show me roughly. Matt Woods: The best, there is actually a white line commissioner, maybe you'll be able to see it. I believe that that is in fact. Haak: That was the pre-existing dock. Prior to the subdivision. Slagle: Okay. About there? Matt Woods: About there. Slagle: Okay. So it, in essence it's not on their western border with this applicant's spot? Haak: No. It's further toward the eastern end of the property. Slagle: Okay. Okay. No other questions? Dan, you have? Keefe: Just one quick follow-up. The e-mail that we received, is that, is it Jack Randall. Is that correct? Is he to the east or to the. Matt Woods: The Randall's are up the hill. Up approximately, and I can't tell the exact plots here but they're approximately up in this area. They also have a dock I believe it's this white one here. Slagle: Okay. Wow. You're crossing, I mean safe to say you're crossing a lot of wetland before you reach open water. Is that a correct statement? Matt Woods: I would have to say commissioner a lot is somewhat of a. Slagle: How about greater than 100 feet? Matt Woods: There clearly is a substantial amount of cattails and material there. In terms of actual amount, I honestly couldn't say because I haven't done the express measurements but I mean clearly there's a lot as you can see from the photo itself. There is a fair amount. 4 - - Planning Commission Ì\t1..::eting - August 3, 2004 Keefe: And that lake has, was started out kind of low this year. It's come up some. Matt Woods: Yeah. Over the 2 years that we've been there commissioner, it's been all over and it's actually probably, from what we've seen in our short time there, probably average at this point but it did start out low, yeah. Keefe: So in some years you get a lot of wetland and other years not so much. Yeah. Matt Woods: This is at the bottom of a big bowl so there's a lot of... Slagle: Okay, thank you very much. Matt Woods: Thank you. Slagle: Lori I have one last question. There's been no discussion on, and again correct me if I'm wrong but there's been no discussion of a community dock or any. Haak: No. Something of that nature would have needed to be done with the subdivision. Slagle: Okay. Okay, well. We'll bring it up for the commission. Any discussion that folks want to share? Keefe: It looks to be pretty consistent with the other docks that are in that area and it sounds like Fine Line's put, installing all the same dock company. I'm alright with it. Slagle: Bethany. Tjornhom: Yeah, I have no problem with it if the city has no problem with it. Slagle: Okay. Well then I'll entertain a motion. Papke: I make a motion that we recommend approval of Wetland Alteration Permit #04- 24 for a boardwalk across the wetland at 6745 Lakeway Drive, subject to the conditions 1 through 3 as listed in the staff report. Slagle: Is there a second? Keefe: Second. Papke moved, Keefe seconded that the Planning Commission recommends approval of Wetland Alteration Permit #04-24 for a boardwalk across the wetland at 6745 Lakeway Drive, subject to the following conditions: 5 - - Planning Commission l\u::eting - August 3, 2004 1. The boardwalk shall be installed across the wetland as a permanent structure and a dock shall extend from the boardwalk into Lake Lucy to provide docking for watercraft. 2. The applicant shall enter into an encroachment agreement with the City for the installation of the boardwalk across the drainage and utility easement. 3. The dock shall be located outside of the dock setback zone. All voted in favor and the motion carried unanimously with a vote of 4 to O. PUBLIC HEARING: FRONTIER SECOND ADDITION. PRELIMINARY PLAT TO SUBDIVIDE 2.61 ACRES INTO 5 SINGLE FAMILY LOTS LOCATED AT THE NORTHEAST INTERSECTION OF FRONTIER TRAIL AND WEST 77TH STREET. CHARLES R. STINSON. PLANNING CASE NO. 04-26. Public Present: Name Address Charles Thiss Charles R. Stinson Ralph Burrell Kay Touchette 5090 Greenwood Circle 4733 Eastwood Road 7555 Frontier Trail 7541 Frontier Trail Sharmeen AI-Jaff and Matt Saam presented the staff report on this item. Slagle: Start down here. Any questions for staff Kurt? Papke: Yeah. When I look at the topographical drawing, I know one of the original issues was setback from the bluff line, and according to our definition of where the bluff begins and ends laterally on the topographical map, how precisely are those boundaries determined? I mean if I look at the topographical drawing, I don't know that I could pick out very well where the bluff begins and ends, so could you comment on how precisely that beginning and ending of the bluff is determined? If at all. Saam: The definition of the bluff per our city ordinance I believe is a 25 foot elevation change, or drop and the slope has to be 30 percent or greater, so basically a 3 to 1 or greater. Using that criteria and the applicant's surveyor, and staff reviewing the site, that's how we do it. Sharmeen, do you want to add anything else, but typically staff goes out there and we kind of both agree that this is the top of the bluff. This is kind of where it starts and this appears to be the bottom. Have it surveyed. Give us the slope percentage and let's see if it qualifies. 6