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PC Report 11-16-04 ~ z < u ~ ~ ~ ~ < < ~ < Q ~ ~ ~ rJJ. PC DATE: November 16, 2004 CC DATE: December 13, 2004 CITY OF CHANHASSEN [I] REVIEW DEADLINE: December 14, 2004 CASE #: Planning Case 04-23 BY: AI-Jaff ST AFF REPORT PROPOSAL: Preliminary Plat to Subdivide a 3.5 Acre parcel into Two (2) Single-Family Lots with a Variance, Lotus View Addition LOCATION: 745 Pleasant View Road. APPLICANT: Beverl y H. Thomas 444 Second Street Excelsior, MN 55331 (952) 474-6116 Beverly H. Thomas 745 Pleasant View Road Chanhassen, MN 55317 (612) 396-1990 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 - 4.0 units per acre) ACREAGE: 3.5 acres DENSITY: 0.85 Units per Acre Gross 1 Unit per Acre Net SUMMARY OF REQUEST: Subdivision of 3.5 acres into 2 single-family lots and a variance to allow a private street to serve the development. Notice of this public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Location Map Lotus View Addition 745 Pleasant View Road City of Chanhassen Planning Case No. 04-23 Christmas Lake Lotus Lake ICANHIO Planning Commission Lotus View Addition-Planning Case No. 04-23 November 16, 2004 Page 2 PROPOSAL/SUMMARY The applicant is proposing to subdivide 3.5 acres into 2 single family lots. The property is zoned RSF, Single Family Residential District. There are two homes located on the site which consists of a single lot. This IS a legal nonconforming situation. The request does not intensify the nonconformity. The variance in this application is to allow a private street to serve this development. The subdivision ordinance requires a variance be granted in order to allow a private street. Staff is recommending approval of the variance to minimize grading and tree removal. This issue is discussed in detail later in the report. Staff has been working with the applicant for several months. Several development scenarios were examined including a four-lot subdivision. Staff directed the applicant to show how the site would develop if a public street was constructed. Sheet 2 of 2 (Public Road Option) shows the site served via a public street. This concept mass grades the site and removes most of the vegetation. The average lot size is 66,000 square feet with a resulting gross density of 0.8 units per acre and net density of 1 unit per acre. The site is located southwest of Pleasant View Road. Both lots exceed the minimum area, width, and depth requirements of the Zoning Ordinance. The site has mature trees which the applicant is making an effort to preserve. In reviewing this plat, staff worked with the applicant to acquire additional right-of-way for Pleasant View Road. The current right-of-way is deficient in width. Planning Commission Lotus View Addition-Planning Case No. 04-23 November 16,2004 Page 3 In summary, staff believes that the proposed subdivision is well designed. Minor revisions will be required. We are recommending that it be approved with a variance to allow a private street with conditions outlined in the staff report. PRELIMINARY PLAT The applicant is proposing to subdivide a 3.5 acre site into 2 single-family lots. The gross density of the site is 0.8 units per acre and net density is 1 unit per acre. Both lots exceed the minimum 15,000 square feet of area, with an average lot size of 66,000 square feet. Both proposed lots meet the minimum width and depth requirements of the Zoning Ordinance. There two existing homes on the subject site. This was an issue that staff discussed with the applicant at length. The ordinance allows one single-family home with a two-car garage per lot. The current site which contains the two homes was built in a fashion so the two homes are dependent on each other. The main house has no garage space; however, the guest house has a nine (9) car garage. Guest House Garage for Guest House Main House The portion of the garage that serves the main house is attached to the guest house. Staff discussed the potential for subdividing the two homes. The applicant will have to add a new two-car garage to the main house, while the Guest house will have a nine-car garage. The applicant wishes to maintain the current layout. Since the use is legal nonconforming, and since the proposed subdivision does not intensify the nonconformity, the applicant is not required to create a separate parcel for each house. Staff notes that the proposal is consistent with the Comprehensive Plan in that it is developing with single-family homes and generally consistent with the Zoning Ordinance. Planning Commission Lotus View Addition-Planning Case No. 04-23 November 16, 2004 Page 4 WETLANDS No wetlands exist on site. Storm Water Management The proposed development should be designed to meet the City's water quality and water quantity requirements. Easements Drainage and utility easements should be provided as illustrated in the preliminary plat dated October 15, 2004. Erosion and Sediment Control Silt fence should be provided in areas where sediment may otherwise be carried off-site. All upland areas disturbed as a result of construction activities shall be immediately restored with seed covered with mulch or sodded according to the following table. Time Type of Slope {maximum time an area can remain unvegetated when area is not actively being worked} Steeper than 3: 1 7 Days 10:1 to 3:1 14 Days Flatter than 10: 1 21 Days Daily scraping and sweeping of streets shall be completed anytime construction site soil, mud, silt or rock is tracked or washed onto paved surface or street that would allow tracked materials or residuals of that material to enter the storm water conveyance system. Construction site access points shall be minimized to controlled access points with rock entrance and exit pads installed and maintained throughout construction. Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $1,028/acre. Based on the proposed developed area of approximately 3.03 acres, the water quality fees associated with this project are $3,115.00. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide 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. Single-family residential developments have a connection charge of $2,545 per developable acre. This results in a water quantity fee of $7,711.00 for the proposed development. Planning Commission Lotus View Addition-Planning Case No. 04-23 November 16,2004 Page 5 At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $ 10,826.00. GRADING. DRAINAGE & EROSION CONTROL The existing property has greater than one-and-a-half acres of tree cover over the site. The plans propose to grade about 25% of the site for one new house pad and a proposed private street with a half hammerhead turn around. Staff agrees with the use of the private street and believes it will minimize the amount of tree loss along with the amount of grading. The entire site drainage is tributary to Lotus Lake. About one-third of the site drains off site to the south and west. The remaining two-thirds of the site drain to the south via Pleasant View Road. No storm drainage improvements have been proposed by the applicant. Staff is in agreement with this and does not feel that the addition of one lot requires a storm water pond for the site. Tree preservation fencing must be installed at the limits of tree removal and silt fence along the perimeter of the grading limits. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. A 75-foot minimum rock construction entrance must be added to the entrance that will be accessed during construction. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. UTILITIES Currently, the site has access to public sanitary sewer and water from Pleasant View Road. No public utilities are proposed. The existing houses on Lot 1 are already connected with sewer and water services. The plans propose on connecting the new Lot 2 to existing utility stubs along the east side of the parcel. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. The site was previously assessed for sanitary sewer and water and those assessments have been paid. The sanitary sewer and water hookup charges will still be applicable for the new lot. The 2004 trunk hookup charge is $1,458.00 for sanitary sewer and $2,814.00 for watermain. The 2004 SAC charge is $1,425 per unit. All of these charges are based on the number of SAC units calculated by the Metropolitan Council. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. These charges will be collected at the time of building permit issuance. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA and Watershed District. Planning Commission Lotus View Addition-Planning Case No. 04-23 November 16,2004 Page 6 STREETS The plan proposes on accessing the lots via a private street from the northwesterly corner of the parcel off Pleasant View Road. Because the existing driveway crosses over the neighboring lot to the west, an easement for this encroachment must be provided. If the easement cannot be obtained, the applicant has shown an alternate driveway location approximately 50 feet east of the existing driveway. The plan shows a 20-foot pavement width private street with a half hammerhead turn around. The proposed hammerhead turnaround configuration must be approved by the City's Fire Marshal. In addition, the private street must be built to a 7-ton design and contained within a 30-foot private easement. The developer will be required to submit inspection reports certifying the 7 -ton requirement. PARK DEDICATION Lotus View Addition lies within the park service area of North Lotus Lake Park. Future residents of this subdivision will easily be able to access the park via Pleasant View Road. No sidewalks or trails are currently available along Pleasant View Road. It is unlikely that these amenities will be constructed in the future even though a pedestrian route along Pleasant View Road is identified in the Comprehensive Plan. The topography of the area and curvilinear nature of the road would present nearly insurmountable challenges to the construction of a trail or sidewalk. However, if an effort to construct a sidewalk along Pleasant View Road was ever undertaken, the 33 feet of right-of-way from the center being acquired as a part of this subdivision could accommodate the improvements required of such a project. It is recommended that the applicant pay park fees in lieu of land dedication or trail construction on one of the two lots. One lot is exempt from these charges due to the existing single family homes on the property. Based on 2004 park fee on a single-family home totals $2,800 and is payable at the time of platting. TREE PRESERV A TION/LANDSCAPING Tree canopy coverage and preservation calculations for the Lotus View Addition were submitted by the applicant, but staff believes the numbers are significantly underestimated. Staff's calculations of the site are as follows: Total upland area Baseline canopy coverage Minimum canopy coverage required Proposed tree preservation 131,700 SF or 3.0 ac. 55 % or 72,000 SF 35 % or 46,095 SF 49% or 64,098 SF The applicant meets minimum canopy coverage allowed. Planning Commission Lotus View Addition-Planning Case No. 04-23 November 16,2004 Page 7 Bufferyard plantings are required along Pleasantview Road. Requirements are as follows: Location Required Proposed Pleasantview Road - 4 overstory trees Existing trees and shrubs bufferyard B - 30' width 8 understory trees 415' length 8 shrubs Existing vegetation and grade changes are sufficient buffers for lots 1 and 2 along Pleasant View Road. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Area Lot Width Lot Depth Home Setback Ordinance 15,000 90' 125' 30' front/rear 10' sides BLOCK 1 Lot 1 Existing homes Lot 2 87,000 210' 341' 200'/24'* 50' 30'/30' 10' 45,000 160' 290' Right-of-Way 21,600 Total 153,600 (3.5 acres) * The guest house is located 24 feet from the rear property line. This is an existing non conformity. SUBDIVISION FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the private street variance is approved. The existing nonconformities are legal nonconforming. The nonconformity will not intensify due to this subdivision. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. Planning Commission Lotus View Addition-Planning Case No. 04-23 November 16,2004 Page 8 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. PRIVATE STREET Section 18-57. Streets. (r) Private streets serving up to four (4) lots may be permitted in the A2, RR, RSF and R4 if the criteria in variance section 18-22 are met and upon consideration of the following: ( 1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. Planning Commission Lotus View Addition-Planning Case No. 04-23 November 16,2004 Page 9 (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will pemzit enhanced protection of the city's natural resources, including wetlands and protected areas. Staff reviewed the two possible plat layouts for the site and considered individual driveways off of Pleasant View Road. Staff believes that the best option from a safety and environmental standpoint is the private street option. The option of all the lots accessing directly from Pleasant View Road with three separate driveways is not recommended from a safety standpoint. Each of the separate accesses creates a potential conflict point with traffic on Pleasant View Road, a collector street. The second option of a public street and cul-de-sac serving the parcel requires severe grading of the site. The final option of a private street serving three lots is the most environmentally friendly and does not add any additional access points to the site off of Pleasant View Road. Direct lot access to a collector road is prohibited by the subdivision ordinance. Staff is recommending approval of the private street. VARIANCE Sec. 18-22. Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: 1) The hardship is not a mere inconvenience. Finding: The hardship is not a mere inconvenience. The proposed private street preserves significant site features. 2) The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. Finding: The hardship is caused by the particular physical surroundings, shape and topographical conditions of the land. 3) The conditions upon which the request is based are unique and not generally applicable to other property. Finding: The conditions upon which the request is based are unique and not generally applicable to other properties due to the unique site features. 4) The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: The granting of a variance will not be substantially detrimental to the public Planning Commission Lotus View Addition-Planning Case No. 04-23 November 16,2004 Page 10 welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance, and comprehensive plan. The applicant is proposing to access the site via a private street. This option will minimize grading and tree removal as well as provide less potential conflict with vehicles on Pleasant View Road. The applicant's request is reasonable. Staff is recommending approval of this request. RECOMMENDA TION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of the preliminary plat for Planning Case 04-23 for Lotus View Addition for 2 lots and a variance to allow a private street as shown on the plans received October 15, 2004, subject to the following conditions: 1. Environmental Resources Specialist Conditions: a. Tree preservation fence shall be installed prior to grading at the perimeter of the grading limits. b. Any trees not shown for removal that are lost due to construction activities will be replaced at a rate of 2: 1 diameter inches. 2. Submit a 30-foot wide private cross-access easement against all lots and the adjacent property at time of final plat recording. 3. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited, to the MPCA and Watershed District. 4. Submit drainage calculations and drainage map for staff review and approval at time of final plat. 5. Tree preservation fencing must be installed at the limits of tree removal. 6. Add silt fence along the perimeter of the grading limit. 7. Add to the plan the following note all sanitary services must be 6-in PVC-SDR26 and water services I-in copper. 8. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 9. The sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water-main. 10. Add the following City of Chanhassen Detail Plates Numbers: 5200, 5203, 5204, 5300 and 5301. Planning Commission Lotus View Addition-Planning Case No. 04-23 November 16, 2004 Page 11 11. The private street must be built to a 7-ton design and 10% maximum grade. The developer will be required to submit inspection reports certifying this. 12. On the plan: a. Revise the incorrect bar scale. b. Show the benchmark used for the site survey. c. Show a minimum 75-foot rock construction entrance. d. Add 5-foot side lot line easements. e. Show the 30-foot private driveway easement. f. Show all proposed grading contours. g. Label the proposed house pad as a walkout or WOo h. The gravel drive located south of the property is partially paved and should be shown as such. 13. The applicant shall submit an erosion and sediment control plan for the proposed subdivision. The plan should include the location of silt fencing and rock entrance/exit access pad. Erosion and sediment controls should meet the requirements as stated in the City of Chanhassen Erosion and Sediment Control BMP Handbook. 14. All disturbed areas shall be mulched and seeded or sodded according to following table: Time Type of Slope (maximum time an area can remain unvegetated when area is not actively being worked) Steeper than 3: 1 7 Days 10:1 to 3:1 14 Days Flatter than 10: 1 21 Days These areas include any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 15. Based on the proposed developed area of approximately 3.03 acres, the water quality fees associated with this project are $3,115.00; the water quantity fees are $7,711.00. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $ 10,826.00. 16. Full park fees shall be collected at the rate in force at the time of final plat. 17. If a new driveway access was built, the existing driveway to the site off of Pleasant View Road must be removed. 18. Building Official Conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. Planning Commission Lotus View Addition-Planning Case No. 04-23 November 16,2004 Page 12 c. House numbers must be posted at the street and on the homes if a private drive is utilized. 19. Access to all three lots shall be limited to the Private Street. Direct access is prohibited off of Pleasant View Road." A IT ACHMENTS 1. Findings of Fact. 2. Application. 3. Letter from applicant dated October 15, 2004. 4. Public Hearing Notice and Affidavit of Mailing. 5. Preliminary plat dated "Received October 15, 2004". g:\plan\2004 planning eases\04-23 - lotus view addition-745 pleasant view road\preliminary plat report pe2.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDA TION INRE: Application of Lotus View Addition Planning Case 04-23 On November 16, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat to Subdivide a 3.5 Acre Lot into Two (2) single-family Lots with Variances, Lotus View Addition. The Planning Commission conducted a public hearing on the proposed development which was 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 legal description of the property is attached as exhibit A. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a) The proposed subdivision is consistent with the zoning ordinance; b) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; c) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e) The proposed subdivision will not cause environmental damage; f) The proposed subdivision will not conflict with easements of record; and g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off-site public improvements or support systems. 5 . Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: a) The hardship is not a mere inconvenience. b) The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. c) The conditions upon which the request is based are unique and not generally applicable to other property. d) The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. 6. The planning report Planning Case 04-23, dated November 16, 2004, prepared by Sharmeen AI-Jaff, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the Preliminary Plat with variances. ADOPTED by the Chanhassen Planning Commission this 16th day of November, 2004. CHANHASSEN PLANNING COMMISSION BY: Uli Sacchet, Chairman g:\plan\2004 planning eases\04-23 - lotus view addition-745 pleasant view road\findings of fact.doc CITY OF CHANHASSEN RECEIVED \Ò-,OORr<l OCT 1 5 2004 ® oLf-Z3 CHANHASSEN PLANNING DEPT CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: :Btv (;(l~ C' 11'\()VY\ Ol ~ ADDRESS: L1 t-f ~ Se Co Vl d 5~+ I fYc-tts,~D{. MrJ S53_~ I , TELEPHONE (DayTime) q02 - '-/7~- {¿; II {¡;; OWNER:ftVfrlv (. ,ThomQ ç ADDRES. "/7'15; flLc~U~ Æ?e~ C~ MN f;;S3i7 - - , . TELEPHONE: G I Z - ,"'3q ((j - I q q 0 Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit ~ Variance ~.OO - Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits V lS DD Sign Plan Review Notification Sign '0'0 \o~ X Escrow for Filing Fees/Attorney Cost** Site Plan Review* ~~UP/SPRN ACN AR/W AP/Metes & Bounds / - $400 Minor SUB V Subdivision* y;O Ot) TOTAL FEE $ .;' 07 J-- 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 0 Building material samples must be submitted with site plan reviews. {llPJ *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. SCANNED [o-:0¡ Ute~ /l~-;()~ LOCATION: 7 '-/5 f I (a sfln+v /f uJ 72 d- LEGALDESCRIPTION:PlO Nw 1/'-1 O£5C. AS: ß6G AT A PT ikJ ŒNíGR./rIN6 DF' 6D£:;NPI?..AI2./é RD 170~ r;L-Y vROM IN UN€:- SeCT.i As N.~.suR6b AL-bP-JG- Cb~ 2UN6 -r~ sc¡1( f. t../2-~3)íft tJ10'ltG %q.~ PROJECT NAME: TOTAL ACREAGE: ¿}.Y::3 WETLANDS PRESENT: YES ~ NO PRESENT ZONING: ÆSF RJF REQUESTED ZONING: Low J£^"r~y REQUESTED LAND USE DESIGNATION: S/9 1rJ£ REASON FOR REQUEST: Sua ¿,'Ut I, ò,J v PRESENT LAND USE DESIGNATION: ,&= .f. ~---.-; Y 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 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 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. (~ ~ ..../, _ 0 ~~ signa~~ 76e LJ ~r '1- (1_ l1t GYW;¡~ Signature of Fee Owner / D -~ I y.. --oc! Date ' ) D-- /Lf~ 0 l( Date Application Received on I D ~ ! '5 --eJ.-/ I ~ 00 Fee Paid ,0/'::)- Receipt No. EE /54::> L The applicant should contact staff for a copy of the staff report which will be available on Thursday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. G:\plan\forrns\Developrnent Review Applieation.DOC q..~+'i '~¡\J",~ October 15th, 2004 CITY OF CHANHASSEN RECEIVED TO: SHARMEEN AL-JAFF OCT 15 2004 FROM: BEVERL Y THOMAS CHANHASSEN PLANNING DEPT RE: LOTUS VIEW ADDITION 745 PLEASANT VIEW ROAD -'- CHANHASSEN. MINNESOTA Nestled within the heart of Minnesota's western suburbs and boasting beautiful views of Lofus Lake, this historic farmhouse was originally built in the 1860's on 66 pristine acres of land. Serving as home to fourteep families since its original construction, including prominent wartime Hero Captain George Wert Schuman, this estate has offered a unique blend of chann, character and history to its proud owners for over a century. Today, the remaining estate includes 3.0 acres(130,680 SF) ofland that preserves its rich heritage. During the 1990' s, Sunrise Cottage - the property's 'carriage house' - was added to complement the original farmhouse. This structure was designed to not only offer garage and storage facilities for the main dwelling which had been absent untilthat time but capitalized on a vision to include added facilities for an aging parent should the need arise. Sunrise Cottage offers a three-stall garage on the upper level that directly serves the main farmhouse and three additional lower level stalls with added storage space which serve the cottage. Given the. complementary design, construction and overall functionality of these two structures, it is clear that they were originally intended to co-exist and operate as a single estate. With its recent purchase, the property's new owner wishes for that to remain in tact in an effort to preserve its status as· a landmark property in Chanhassen - and as such we are requesting a variance from the City to allow us to maintain the existing non-conformity. SCANNED 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 November 4, 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 Subdivision with Variances, Lotus View Addition - Planning Case No. 04-23 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. Subscribed and sworn to before me this '3.i~ day oíYloue.--wJ~.J, 2004. \ ~¡ ¥A---' /. ~u..-v,YI (-r- Notary Pubh .. Notice of Public Hearing Chanhassen Planning Commission Meet Notice of Public Hearing Chanhassen Planning Commission Meeting ng Tuesday, November 16, 2004 at 7:00 p.m City Hall Council Chambers, 7700 Market Blvd. Request to subdivide 2.83 acres into 2 single-family lots with variances. The site is zoned Residential SinQle Familv. 04-23 Beverly C. Thomas Date & Time: Location: Proposa Tuesday, November 16, 2004 at 7:00 p.m City Hall Council Chambers, 7700 Market Blvd. Request to subdivide 2.83 acres into 2 single-family lots with variances. The site is zoned Residential Single Family. 04-23 Beverly C. Thomas Date & Time Location: Planning File: Applicant Property Location: Proposa Planning File Applicant 745 Pleasant View Road A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps : Property Location 745 Pleasant View Road A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps Staff will give an overview of the proposed project The applicant will present plans on the project. Comments are received from the public. Public hearing is closed and the Commission discusses the project. 1 2. 3. 4. What Happens at the Meeting: 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 Sharmeen AI-Jaff at 952-227-1134 or e-mail saliaff@cLchanhassen.mn.us. 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 Questions & Comments 1 Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. 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 Sharmeen AI-Jaff at 952-227-1134 or e-mail saliaff@cLchanhassen.mn.us. 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. What Happens at the Meeting: Questions & Comments: City Review Procedure: · Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetlãnd Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. · Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. · Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. · A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). · Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. City Review Procedure: · Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. · Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. · Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an nem through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). . Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. lisclaimer his map is neither a legally recorded map nor a survey and is not intended to be used as one. his map is a compilation of records, information and data located in various city, county, state and tderal offices and other sources regarding the area shown, and is to be used for reference urposes only. The City does not warrant that the Geographic Information System (GIS) Data used ) prepare this map are error free. and the City does not represent that the GIS Data can be used If navigational, tracking or any other purpose requiring exacting measurement of distance or irection or precision in the depiction of geographic features. If errors or discrepancies are found lease contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota tatutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not e liable for any damages, and expressly waives all claims, and agrees to defend. indemnify. and old harness the City from any and ail claims brought by User, its employees or agents. or third arties which arise out of the user's access or use of data provided. >isclaimer "his map is neither a legally recorded map nor a survey and is not intended to be used as one. -his map is a compilation of records. information and data located in various city, county. state and 3deral offices and other sources regarding the area shown. and is to be used for reference .urposes only. The City does not warrant that the Geographic Information System (GIS) Data used ) prepare this map are error free. and the City does not represent thaf the GIS Data can be used Jr navigational, tracking or any other purpose requiring exacting measurement 01 distance or lirection or precision in the depiction of geographic features. If errors or discrepancies are found .Iease contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota >tatutes §466.03, Subd. 21 (2000), and the user of this map acknowledges thaf the City shall not '" liable for any damages. and expressly waives all claims. and agrees to defend, indemnify. and .old harness the City from any and all claims brought by User. its employees or agents, or third larties which arise out of the user's access or use of data provided. Public Hearing Notification Area (500 feet) Lotus View Addition 745 Pleasant View Road City of Chanhassen Planning Case No. 04-23 Christmas Lake Lotus Lake BARRY J JUDGE & JULIE M MORRISON 6379 OXBOW BND CHANHASSEN MN 55317-9128 CHARLES S MORIN & TANYA M SREPEL 6401 FOX PATH CHANHASSEN MN 55317-9278 CHUNYI LlN & YANFANG CHEN 800 FOX CT CHANHASSEN MN 55317-9283 DAVID R & VALERIE L ROSSBACH 670 PLEASANT VIEW RD CHANHASSEN MN 55317-9509 EUGENE A & KATHLEEN A GAGNON 6306 SUMMIT CIR CHANHASSEN MN 55317-9138 GARY M SCHELlTZCHE 680 PLEASANT VIEW RD CHANHASSEN MN 55317-9509 GEORGE T & PAULA J SOUKUP 6441 FOX PATH CHANHASSEN MN 55317-9278 JOHN L & CHRISTINE M KLINKNER 6361 FOX PATH CHANHASSEN MN 55317-8323 JON W & IRENE Y JOSEPH 6290 RIDGE RD CHANHASSEN MN 55317-9438 KEITH R & BARBARA C THOMAS 6380 FOX PATH CHANHASSEN MN 55317-8322 BRENT G & KAREN J BLACKEY 6389 OXBOW BND CHANHASSEN MN 55317-9128 CHARLES W & MARJORIE K NAGEL 6340 FOX PATH CHANHASSEN MN 55317-8322 DAVID B SANFORD & MARIANNE M MCCORD 6440 FOX PATH CHANHASSEN MN 55317-9277 DEAN E WETZEL REVOCABLE TRUST C/O DEAN WETZEL TRUSTEE 6260 RIDGE RD CHANHASSEN MN 55317-9438 FRANCIS N CRISMAN & LINDA M WOOD 6360 FOX PATH CHANHASSEN MN 55317-8322 GEORGE B & HELEN K ASSIE 6430 FOX PATH CHANHASSEN MN 55317-9277 GINA M SCHMIDT 790 PLEASANT VIEW RD CHANHASSEN MN 55317-9509 JOHN P & JANE THIELEN 665 PLEASANT VIEW RD CHANHASSEN MN 55317-9509 KA YLA A HANUS 820 FOX CT CHANHASSEN MN 55317-9283 KEVIN A & LEANNE M BENSON 620 PLEASANT VIEW RD CHANHASSEN MN 55317-8327 CHARLES A & PAULETTE M WALL 6381 FOX PATH CHANHASSEN MN 55317-8323 CHRISTOPHER S PELLETIER & JAMIE L GRIVICH 6420 FOX PATH CHANHASSEN MN 55317-9277 DAVID L & MARILYN J CALLAWAY 22450 MURRAY ST EXCELSIOR MN 55331-3114 DENNIS M & ANN E SULLIVAN 6421 FOX PATH CHANHASSEN MN 55317-9278 GARY J SCHNEIDER & CYNTHIA CALHOON SCHNEIDER 640 PLEASANT VIEW RD CHANHASSEN MN 55317-8327 GEORGE F & JANET M DEAN 6400 FOX PATH CHANHASSEN MN 55317-9277 JERRY W & KATHERINE M SNIDER 6270 RIDGE RD CHANHASSEN MN 55317-9438 JOHN S FESS 6280 RIDGE RD CHANHASSEN MN 55317-9438 KEITH D & SUSAN J JONES 6265 RIDGE RD CHANHASSEN MN 55317-9438 UN F & SERPIL N LUDWIG 6411 FOX PATH CHANHASSEN MN 55317-9278 MARTIN F & CAROLYN M NYMAN 6341 FOX PATH CHANHASSEN MN 55317-8323 MICHAEL P & MARY L EAS1WOOD 6285 RIDGE RD CHANHASSEN MN 55317-9438 ROBERT F & DIANA L DAVIS 6387 OXBOW BND CHANHASSEN MN 55317-9128 BEVERLY C THOMAS 444 SECOND STREET EXCELSIOR MN 55331 THOMAS F III & KAREN M CONBOY 6383 OXBOW BND CHANHASSEN MN 55317-9128 THOMAS R & ANDREA L NARR 6431 FOX PATH CHANHASSEN MN 55317-9278 ERNEST F PIVEC 5060 MEADEVILLE GREENWOOD MN 55331 MARY J SILL 6385 OXBOW BND CHANHASSEN MN 55317-9128 MICHAEL R KROLL 6410 FOX PATH CHANHASSEN MN 55317-9277 SAMUEL G & LAURIE J CURNOW TRUSTEES OF TRUST 650 PLEASANT VIEW RD CHANHASSEN MN 55317-9509 STEVEN J & MARY F MIDTHUN 1 6225 RIDGE RD CHANHASSEN MN 55317-9438 THOMASJ&JEANNELKRAKER 801 PLEASANT VIEW RD CHANHASSEN MN 55317-9545 TIMOTHY C SAMUELSON & JULIANNE M SAMUELSON 6381 OXBOW BND CHANHASSEN MN 55317-9128 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 MICHAEL & DEBRA HAYDOCK 6460 FOX PATH CHANHASSEN MN 55317-9279 NEAR MOUNTAIN LAKE ASSN INC 610 PLEASANT VIEW RD CHANHASSEN MN 55317-8327 SEAN & MELINDA FITZGERALD 630 PLEASANT VIEW RD CHANHASSEN MN 55317-8327 THOMAS A & JUDY R MEIER 695 PLEASANT VIEW RD CHANHASSEN MN 55317-9509 THOMAS M & SUSAN J HUBERTY 6450 FOX PATH CHANHASSEN MN 55317-9277 TODD R MAGILL & KELLY N PIEROPAN 660 PLEASANT VIEW RD CHANHASSEN MN 55317-9509