The URL can be used to link to this page

3 Berland Variance CC DATE: w PC DATE: December 7, 2004 CITY OF CHANHASSEN REVIEW DEADLINE: 12/28/04 CASE #: 04-42 BY: JM, LH, JS STAFF REPORT PROPOSAL: Request for a 1.5 foot variance from the 10 foot Ordinary High Water Level (OHW) setback for a water-oriented accessory structure, a 64 square foot variance from the 250 square foot maximum area of a water-oriented accessory structure and relief from the requirement of the OHW on the survey. These requests are after-the-fact for a water-oriented accessory structure (patio) that has been constructed. LOCATION: Outlot B, White Oaks Addition Ql~/ APPLICANT: Rick & Judy Berland 6900 Minnewashta Parkway Excelsior, MN 55331 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential- Low Density (Net Density Range 1.2 - 4u/Acre) ACREAGE: 0.18 acre DENSITY: NA < E-i < ~ ~ E-i ~ rJ'l SUMMARY OF REQUEST: Request for a 1.5 foot variance from the 10 foot Ordinary High Water Level (OHW) setback for a water-oriented accessory structure, a 64 square foot variance from the 250 square foot maximum area of a water-oriented accessory structure and relief from the requirement of the OHW on the survey. These requests are after-the-fact for a water-oriented accessory structure (patio) that has been constructed. Staff is recommending denial of these requests. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. Location Map Berland Variance Request 6900 Minnewashta Parkway City of Chanhassen Planning Case No. 04-42 Lake Minnewashta Subject Property Kings Road Kin R c -' "" '" '" ü ~ Berland Variance Planning Case #04-42 December 7, 2004 Page 2 SUMMARY OF PROPOSAL The applicant is requesting a 1.5 foot variance from the 10 foot Ordinary High Water Level (OHW) setback for a water-oriented accessory structure, a 64 square foot variance from the 250 square foot maximum area of a water-oriented accessory structure and relief from the requirement of the OHW on the survey. These requests are after-the-fact for a water-oriented accessory structure (patio) that has been constructed. The construction of a patio does not require building permit approval. However, patios must meet setback, impervious surface and size limitations. The site is located on the western shore of Lake Minnewashta. The site is an outlot east of Minnewashta Parkway opposite 6900 Minnewashta Parkway. Roundhouse Park is located just southwest of the subject property. Access to the site is gained on foot via Minnewashta Parkway. APPLICABLE REGUA TIONS Sec. 1-2. Definitions. Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, whether temporary or permanent in character, including but not limited to: buildings, fences, sheds, advertising signs, dog kennels, hard surface parking areas, boardwalks, playground equipment, concrete slabs. Water-oriented accessory structure or facility means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. Sec. 20-481. Placement, design, and height of structure. (A) Placement of structures on lots. When more than one (1) setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and on site sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: ßtructures Structures Sewage ~Iasses of Public Waters Treatment Unsewered Sewered System Lakes Natural ~nvironment 150 150 150 Recreational development 100 75 75 Berland Variance Planning Case #04-42 December 7, 2004 Page 3 *One (1) water-oriented accessory structure designed in accordance with section 20-481(e)(2)(b) of this article may be setback a minimum distance of ten (10) feet from the ordinary high water level. (E) Design criteria for structures. (2) Water-oriented accessory structures. Each lot may have one (1) water-oriented accessory structure not meeting the normal structure setback in section 20-481(a) if this water- oriented accessory structure complies with the following provisions: a. The structure or facility shall not exceed ten (10) feet in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks shall not exceed eight (8) feet above grade at any point. b. The setback of the structure or facility from the ordinary high water level shall be at least ten (10) feet; Sec. 20-482. Shoreland alterations. (A) Generally. Alterations of vegetation and topography shall be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (B) Vegetation alterations. (1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by section 20-484 of this article are exempt from the following vegetation alteration standards. (2) Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable if permitted as part of a development approved by the city council as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: 1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming leaf-on conditions, is not substantially reduced; Berland Variance Planning Case #04-42 December 7, 2004 Page 4 It. Along rivers, existing shading of water surfaces is preserved; 111. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards; and iv. The clearing be limited to a strip thirty (30) percent of lot width or thirty (30) feet, whichever is lesser, parallel to the shoreline and extending inward within the shore and bluff impact zones. (C) In no case shall clear cutting be permitted. BACKGROUND Outlot B was created as part of the White Oaks Addition, Subdivision #2000-9 which was approved by City Council on October 9,2000. The subject property is owned by Rick & Judy Berland (applicant) who live at 6900 Minnewashta Parkway. This property is attached to their lot as a requirement of the subdivision approval. The City received a complaint in July stating that construction activity was taking place in the shoreland area adjacent to 6900 Minnewashta Parkway. July 8, 2004 inspection revealed that a retaining wall and patio/fire ring had been constructed in the shore impact zone. In a letter dated July 12,2004, staff explained that all construction activity must cease and requested the applicant contact staff to discuss plans for the property. Staff informed the Berland's that a variance was required. ANALYSIS Upon review of the as-built survey prepared by Allan Hastings stamped "Received October 29,2004", staff offers the following comments and recommendations: Lakes The Shoreland Management ordinance was established to ensure the wise subdivision, use and development of shorelands of public waters. The intention of the ordinance is to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. Lake Minnewashta is classified as a recreational development lake by the Minnesota Department of Natural Resources (DNR). City code states that water-oriented accessory structures cannot be greater than 250 square feet and must be setback a minimum of 10 feet from the OHW (Lake Minnewashta- 944.5 MSL). The existing patio is approximately 314 square feet and appears to be setback 8.5 feet from the OHW. This does not meet the City's Shoreland Management ordinance. The OHW is not on the survey. The 8.5 foot setback was determined by staff's best estimates. Tree Removal According to city ordinance, property owners may clear vegetation along a shoreline in order to secure a view of the water. The limitations for clearing are 30% of the lot width or 30 feet, which ever is lesser, Berland Variance Planning Case #04-42 December 7, 2004 Page 5 parallel to the shoreline. A review of aerial photos shows that the southern half of Outlot B had canopy cover. The area not covered by large trees and canopy cover is approximately fifty percent of the lot width. There should have been no vegetation removal on the southern half of the lot and because of the elevation difference between the home at 6900 Minnewashta Parkway and Outlot B, pruning the existing trees and shrubs would have allowed a view of the lake. During a recent inspection of the outlot, three trees remain although there may possibly be four, depending on the property line. The trees include two significant trees, an ash and willow on the southern end and a small diameter, multi-stemmed boxelder on the northern end. The applicant has placed landscape planting along the top retaining wall consisting of shrub species. The approximate area of canopy coverage on the site was 3,480 square feet. The two remaining trees at the southern end could account for half of the canopy coverage. Applying city ordinance for tree preservation, the calculations for replacement plantings would be as follows: 1,740 (3,48012) x 1.2 (penalty replacement value) = 2,088 2,088/ 1089 (standard area for one tree) = 1.9 trees Staff recommends that the applicant plant two trees on Outlot B. They shall be deciduous and a minimum of 2.5 inches in diameter. Grading, Drainage and Erosion Control A retaining wall was built within the right-of-way for Minnewashta Parkway. This retaining wall was required to be moved out of the right-of-way because it was a liability to the City and a potential threat to public health and safety. Berland Variance Planning Case #04-42 December 7, 2004 Page 6 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: a. 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 there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet this criteria. Finding: Literal enforcement of this chapter would not cause undue hardship. The applicant will be able to maintain a patio, just at a smaller size and further from the OHW without the need for a variance. Also, property can be put to reasonable use (provide walking access to Lake Minnewashta and a dock). b. 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 upon which this variance is based are applicable, generally, to other properties in the RSF zoning district and shore impact zones. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Berland Variance Planning Case #04-42 December 7, 2004 Page 7 Finding: The patio will increase the value of the property; however, staff does not believe that is the sole reason for the request. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged difficulty or hardship is a self-created hardship. In addition, the costs associated with construction were incurred prior to obtaining all necessary approvals from the City. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of the variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The patio increases impervious surface and adds run-off to Lake Minnewashta. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The 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. RECOMMENDA TION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies Variance #04-42 for a 1.5 foot variance from the 10 foot Ordinary High Water Level (OHW) setback for a water-oriented accessory structure, a 64 square foot variance from the 250 square foot maximum area of a water-oriented accessory structure and relief from the requirement of the OHW on the survey for a water-oriented accessory structure (patio) that has been constructed based on the findings of fact in the staff report with the following conditions: 1. The size of the patio shall be reduced to two hundred fifty (250) square feet. 2. The setback of the patio from the Ordinary High Water Level shall be increased from 8 feet to 10 feet. 3. The applicant shall plant two trees on Outlot B which are deciduous and a minimum of 2.5 inches in diameter. 4. The Ordinary High Water Level shall be placed on the survey by a registered land surveyor." Berland Variance Planning Case #04-42 December 7,2004 Page 8 Should the Planning Commission choose to approve the variance, staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves Variance #04-42 for a 1.5 foot variance from the 10 foot Ordinary High Water Level (OHW) setback for a water-oriented accessory structure, a 64 square foot variance from the 250 square foot maximum area of a water-oriented accessory structure and relief from the requirement of the OHW on the survey for a water-oriented accessory structure (patio) that has been constructed with the following conditions: 1. The applicant shall plant two trees on Outlot B which are deciduous and a minimum of 2.5 inches in diameter." A TT ACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. As-built Survey for Outlot B. 4. Letter from Rick & Judy Berland dated October 25,2004. 5. Letter from Bennett & Sharon Morgan dated October 24,2004. 6. Letter from Joe & Darcy Piche dated October 25,2004. 7. Email from Bobbie & Dave Headla dated November 30,2004. 8. Letter from Lori Haak to Richard & Judith Berland dated July 12,2004. 9. Public Hearing Notice and Affidavit of Mailing List. G:\PLAN\2004 Planning Cases\04-42 - Bcrland Variancc\Berland Staff Report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION INRE: Application of Rick & Judy Berland for a variance from the Ordinary High Water Level (OHW) setback and maximum area for a water-oriented accessory structure, and relief from the requirement of the OHW on the survey. Planning Case No. 04-42. On December 7,2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Thomas & Jenny Wilder Request for a 1.5 foot variance from the 10 foot Ordinary High Water Level (OHW) setback for a water- oriented accessory structure, a 64 square foot variance from the 250 square foot maximum area of a water-oriented accessory structure and relief from the requirement of the OHW on the survey. These requests are after-the-fact for a water-oriented accessory structure (patio) that has been constructed. The Planning Commission conducted a public hearing on the proposed variance that 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 Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential - Low Density (Net Density Range 1.2 - 4u/Acre). 3. The legal description of the property is: Outlot B, White Oaks Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. Literal enforcement of this chapter would not cause undue hardship. The applicant will be able to maintain a patio, just at a smaller size and further from the OHW without the need for a variance. Also, property can be put to reasonable use (provide walking access to Lake Minnewashta and a dock). b. The conditions upon which this variance is based are applicable, generally, to other properties in the RSF zoning district and shore impact zones. c. The patio will increase the value of the property; however, staff does not believe that is the sole reason for the request. d. The alleged difficulty or hardship is a self-created hardship. In addition, the costs associated with construction were incurred prior to obtaining all necessary approvals from the City. e. The granting of the variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The patio increases impervious surface and adds run-off to Lake Minnewashta. f. The proposed vanatlOn 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. 5. The planning report #04-42 Variance dated December 7,2004, prepared by Josh Metzer, et aI, is incorporated herein. ACTION The Chanhassen Planning Commission the variance from the Ordinary High Water Level (OHW) setback and maximum area for a water-oriented accessory structure, and relief from the requirement of the OHW on the survey. ADOPTED by the Chanhassen Planning Commission on this 7th day of December, 2004. CHANHASSEN PLANNING COMMISSION BY: Planning Commission Chairperson o '--f - +2- CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: R'ì 0~(\rcJ ~\TuA,/ ðprJQ.V\d OWNER: ~a Vì7P--, ADDRESS: ~7()o IÎ1rVJV76,Ja.shfu MrfúÞ-Y ADDRESS: E"ff e/S. ìo r fJ1 AI ~-)3 (3 J ~ 96 (ò:< TELEPHONE (Day Time) 0/::2 - ~ ,3..-- s ~ '-Ie¡ TELEPHONE: ~ 9~;;;"" 9:;<5- 989::( CITY OF CHANHASSEN RECEIVED OCT 2 9 2004 CHANHASSEN PLANNING DEPT , Temporary Sales Permit Comprehensive Plan Amendment Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit X Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezon ing Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign X Escrow for Filing Fees/Attorney Cost** Site Plan Review* - $50 CUP/SPRN ACN AR/W AP/Metes & Bounds - $400 Minor SUB Subdivision* TOTAL FEE $ 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 ¿ 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 8W' 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 PROJECT NAME: LOCATION: <..oqac:> LEGAL DESCRIPTION: í¥\\nne.l,-JO. ~h-+(À. 1>0.( Ku.:>o...d ( CJLL.\-\O+- ~. \N ~~~ ()Q~ p..r\r\ ~~\'o(ì , z.s - ~30úO I D TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: S i "$1<' - km,; \~ ~"S ¡de 1\--\"1'0.. \ C ~ ~J REQUESTED ZONING: PRESENT LAND USE DESIGNATION: =Re~\'ckr'\\-ÙÃ \ -- Law 1)eru:; -if \ REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 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. /Â~~dG~ /0- z. c¿ ,- ¿ooL{ , Date :;~n~~ Signature of Fee Owner 1C9-L~'- 2--o0c.¡ Date Application Received on It> /2. CJ ICY-I t ...., 00 Fee Paid ~SO- Receipt No. JJv.J /SSõ3 I 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:\pIan\fonns\Development Review Application_DOC ~ S-BU'LT ~ G J vURVEY rOR: ARY O~ES <::[ J-- -x Ul zr: 'S w 2 2 ¿ rJ< Ii\\ IY\ Pn;] lto L£ iQ Ii:.W .~~sc¡. \'7 )-. ç:t ~ V CY cf <L I- I (J;) LLJ :2 2 ~ .J Æ :::I d :::2 ...'."........ ~. Vc.ÑOìES 8RIC-'K q)f)v£,RS '?5' Dõ.»O\E:.S ~~OR. 'ßÒL.\L.)€ø. - ¡¡....- ~1.7~ 2st N 5&06,'fS"vj Sea \Q~ ilnch ~ 2o+œ+ I her(Ojby certHy that this is a true ar¡d correct representátion of a esbui\t .3{.\!/IIi!'(C~ l.MJðSCN>ell\¡, ort OUTloT B I WHilE. OJ>.\<. I'\D\:n TJIDÙ1 ~1\1We.R County, Minnes()ta as onfHe and of record in the Oftice of the County Recorder in. and for said County, "".,:'4~::;""2'~:'::;"' '",w,o. "'i~~~. the.. "'Gt^. e ~Of.M '0.":' .. CITY OF CHANHASSEN UJJ fJ.JA. \g:J~ RECEIVED Allan R. Has ting-s Minnesota Registration No. 17009 2:12 F-4.\l'S£ 1\v.en.ue E. Sui te':'a. Shakopee, Minnesota 55379 Phone 952 445 4027 CHANHASSEN PLANNING DEPT OCT2 9 2004 'CANN!D To: From: Re: City of Chanhassen Judy and Rick Berland Variance request to pennit existing patio October 25,2004 We have completed an improvement of our beach area. Prior to beginning work, our landscape contractor, Gary Jones of Design Acres, brought our plan to the city and asked both whether we needed a pennit and whether there were any restrictions. He was told that no pennit was necessary and that no restrictions applied. Therefore, we proceeded in good faith that we had complied with all laws and regulations. All work and materials are of very high quality and every precaution was taken to protect the integrity of the lake. We cleaned up the area (old docks, fittings, pipes, old picnic tables, old tires buried under the rip-rap and in the water, deteriorating steps and an eroding hillside), trimmed dead wood nom the trees, improved the rip-rap, which was eroding and deteriorating and installed new grass and plantings. Many neighbors have complimented us on the improvements we made, including all three immediate neighbors (all of whom support this request). As part of our improvements, we installed a patio for sitting near the lake. It is constructed of pavers and is built to be penneable and stable. We have several relatives in their 70s and 80s who need a level, safe place to sit. Also this will be our retirement home and we hope to remain for many years. Like the rest of the project, the patio was costly to install. Immediate neighbors: Bennet and Sharon Morgan 3920 White Oak Lane Excelsior, MN 55331 Dave and Bobbie Headla 6870 Minnewashta Parkway Excelsior, MN 55331 Joe and Darcy Piche 3960 White Oak Lane Excelsior, MN 55331 SCANNED October 24, 2004 City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear City of Chanhassen, Subject: Variance for Rick & Judy Berland Rick & Judy Berland recently purchased the lot and the lake shore outlot on Lake Minnewashta next to ours. They have recently put in a paver patio down by the lake as well as a number of other landscape improvements. We are writing to formally indicate that we have no issues or concerns with the patio or other landscape improvements already completed. We support a variance that would approve the patio and other improvements. Thank you for your consideration. Regards, Bennett & Sharon Morgan 3920 White Oak Lane Excelsior, MN 55331 SCANNED To: City ofChanhassen From: Joe and Darcy Piché Re: Rick and Judy Burland October 25,2004 Weare writing in support of our neighbors Rick and Judy Burland and the improvements made to their beach front on Lake Minnewashta. The work they have done to their beach and shoreline has beautified and cleaned the area to make it more attractive than it was before they owned the property. The fire-pit and patio they built has a very low profile and is not even noticeable from the lake. The Burlands are conscientious and respectful people who in no way are interested in harming the natural beauty of the lake or lake shore. Our hope is that you will allow them to keep the fire-pit and patio as it currently is. Thank you for your consideration. Please feel free to contact us if you have additional questions. Sincerely, Joe and Darcy Piché 3960 White Oak Lane Chanhassen SCANNED Page 1 of 1 Metzer, Josh From: Dave Headla [dave6870@mchsi.com] Sent: Tuesday, November 30, 2004 3:40 PM To: Metzer, Josh Subject: Fw: Berland variance request by Lake Minnewashta Subject: Berland variance request by Lake Minnewashta We live at 6870 Minnewashta Parkway, the second home north of the Berlands. When we built our home, in 1961, Lake Minnewashta was still a "raw lake". Sewage was leaking into the lake, shorelines were not being bashed by power boat waves, summer homes or cottages were a common scene and the lake was being used as a causal recreation. As time went by sewer and water service was established, many larger homes became common and life became more lively on the lake. Fortunately an ordinance was established defining what could or could not be on or near the lake shore. In the past few years there has also been a change where homes have been built to view and appreciate our beautiful lake . Lakeshores are being protected with rip rap, and laws implemented to limit wave action on the shoreline. In effect, Lake Minnewashta is being used as a recreational activity as well as a passive activity. I use the term passive as a word where we just look and appreciate what we have. We believe our ordinance is appropriate for it can control what is happening on the shoreline. Our point is, what is going on and around Lake Minnewashta has been evolving in a positive manner and the Berland request for a variance complements this direction. We recommend approval of the Berland request. Bobbie and Dave Headla 12/1/2004 CITY OF CHANHASSENflJ '. 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952,227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.2271170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone 952.227.1400 Fax 952.227,1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us July 12, 2004 Richard and Judith Berland 6900 Minnewashta Parkway Excelsior, MN 55331 Re: Recent Grading and Installation of Structures at 6900 Minnewashta Parkway, Excelsior, MN Dear Richard and Judith: This letter is to advise you that the City received a complaint regarding the work that was recently done on your property at 6900 Minnewashta Parkway. An inspection on July 8 revealed that a retaining wall had been installed, a fire pit had been constructed and work had been done within the shore impact zone of Lake Minnewashta. For your reference, please find enclosed the City's shoreland ordinance. Installation ofretaining walls over four (4) feet in height is regulated by Minnesota State Building Code (MSBC) Section 1300.0120. Please cease all activity Qn-site and contact me no later than Wedriesday, July 21, 2004 to discuss your plans forthe above property. Additional erosion control. measures (primarily sod) will need to be installed immediately to ensure the protection of Lake Minnewashta. Please feel free to contact me at 952.227.1135 if you have questions. Thank you for your cooperation. Sincerely, Enclosures cc: Dan Remer, Engineering Tech III Steve Torell, Building Official Jesse Carlson, Minnehaha Creek Watershed District G:\ENG\Lori\Letters\6900 Minnewashta Parkway. doc The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place 10 live, work, and play. CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 04-42 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, December 7, 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 an after-the-fact Variance to lakeshore setback on property located at 6900 Minnewashta Parkway. Applicant: Richard & Judith Berland. 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. Josh Metzer, Planning Intern Email: imetzer@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on November 25, 2004) 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 24, 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 after-the-fact variance to lakeshore setback, Richard & Judy Berland - Planning Case No. 04-42 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. "I ~~r¿r----- Subscribed and sw;.y: to before me thi~ðay of ( linn bé r , 2004. ,~~-r.-~,... ,~~ Nota ~lic ICANNED tn C :¡:; Q) Q) == tn5 .!: '0 Îij III Q) E J:E .2 0 j5() ;:'tn a.c -c o c Q) co u- :¡:;a. o c ZQ) III III co .r:: c co .r:: () tn C :¡:; Q) Q) == c tno .!: '0 ... III m E :I:E .2 0 j5() ;:,tn a.c -c o c Q) co u- ._ a. ... o c ZQ) III III co .c c co .c () ..:.:: ü ro .c Q.) C/) Cl) ..... o ..c "D C/) ~ Cl) OJ7ij E]¡£ ci Cii Cl) 0:2:~ °oro r-- 0 .;:: ......r--ro ror--> ~ui13 0Ci;2 C\I.cd> r-- E £, ..... ro Cl) ..c ..... .co2 E-ro Cl) ü C ü § ro Cl) 0 ..... °OE ~C"Oû5 "DICl)C\I C/) ~ ~~ ~~(j)~ I-oa:o ai .!:! Õ I:: .!!! == Õ Q) "C ë¡¡ ~:J: ~ ~ "D -t: ãi C ro '- ro (L Q) -;:: .c: Cl) ro.... OJ ...... I:: ~ {5 0 -6 ro.!!! ::J ~ a. J Cl) nI oð § E ._ I:: "2 :2:.S! roola {3 0 g iÏ ffi:;;: .. Q) ~ E ~_.. ¡::5:gi::'æ~5 að_oc.~Q):¡:; Q)1IQ.cãQ.1I ¡¡;gE.!!qEg C..JD.D.<tD...J ..:.:: ü ro .c Q.) C/) Cl) ..... o . ..c "DC/) > Cl) -..:.:: OJ~ E]¡£ ciCiiCl) 8:2:~ "- o.~ ,- 0 ..... -:;:r--ro wr--> ~ui13 8Ci;2 C\I.cd> r--E..c '-ro.... Cl) ..c .... .co2 E=ro Cl) ü C ü § ro Cl) 0 .... 0_0 E :> - (¡j ro ro Cl) "DI C\I C/);>º~ ~:::Cl)~ I-oa:o "D C ro -;:: Cl) OJ -ð ::J J oð "D ..... ro ..c .~ a: Q) ~ E ü: I-cIIÇI'E>ë OIllCII,\:::O að:¡:;oc()Q):¡:; Q)1IQ.cã.Q.1I ¡¡;gE.!!Q:Eg C..JD.D.<tD...J "DCl) Cl)0..c EO+-' ..c"D "Soro o.c~ .c ..c ro OJ= ::J (D ~ o C .=: >'Cl)ro E..c..c ...........0 E E Cl) .. C 2 £ ~ .8::0)2 ::J C C/) .~ o..:¡::; OJ OJ'~ Cl) C .§.~ ~.~ roro 0 Cl) 15 Cl) 0 ..co£'+- ü 0 OJ Cl) .-...... c..c ..0 "'0 "¡;:: ...... ::JC::J..c 0.. ro 0 OJ .~ (¡j ~ 6 £Cl)ü..c _::JCl)...... o 0-'- OJ Cl) ~ 2 C c....¡;:: ~~.~ æ :J~£..c o...~ "S .~ Cl) o..o.c ..c o...c ::J I-roroo.. ai .!:! Õ I:: en ;S Õ Q) "C ë¡¡ >.Q) roen ~ ~ ..:.::> .....Q) ro'- (LQ) .c: ro.... ......1:: ..co C/)en ro._ :::0. Cl)nI C E .~ I:: :2: .S! ola 0(,) 0).2 <D« "DCl) Cl)0..c £0...... ..c"D "Soro o.c~ .c..c _ ro OJ= ::J (D ~ o c.=: >Cl)ro E..c..c ...........0 EECl) .~ 2£ ~ 0:: ~.æ ...... ::J c'C/) C/) 0...- OJ .~.~ Q.) C C C Q).~ .;:: ë¡¡ E 0 ro......Cl)- ~.g£E .~ 0 OJ ~ :c;.§ ...... ::JC::J..c 0.. ro 0 OJ .~ (¡j ~ 6 £Cl)ü..c _::JCl)...... o 0-'- OJ Cl) ~ 2 C C/) 0.. .;:: o _C/) C/) ro e-ë:.cCl) ::Jro........c o..g "S .~ Cl) o..o.c ..c o...c ::J I-roroo.. ......d>...... C/) 0.. ::J..... E Cl) 0 .80.c ~ (¡j roC\l::J Cl) ::J Cl) Cl)(")C/) "D 13 ü C/)Ec"-OCl)S Cl) .~ ro 0 or;- ...... ..c 0 '0 ~ "D ~ ci Cl) ~ ~ ~ 0. .....ü C O"oEC\lo......= 0..Cl).Q -(")0'0>':> "D '0 OJ .. C/) C\I ..c 0..'; Cl)..... ~ .~ ~ 0 l!) Ü 0 :::: C/) 0.. ..-...... 0) OCl)üE Cl)£~......::J~(j)~ 0.. .cE Cl) -roO""' o£::J EE~.....::!::>.§ .....co..° Cl)ccioCl) Cl)o, 0..0Q)0 ..c ......J:::! >c Cl) C/)..c Cl) ...... 0..c Cl) C/) ro''¡:; ..cC........c Cl)QC/):2:::J..cCl) .:: ~ E :;; 0 co .~ ..c C 0 Cl) oo..oc wC/)::JC/)E......E ~ë';::ro .c.....ooc"SCl) .~ ~ ~ ~ ê ~ ~ ~ ~ ~:: c Ci; Cl) .~ C/) ~ Cl) . ~ ~..c 0 .Q 6 ~ ~ ß 0.. ~ ~ § ..c .~ ~ C/) C'~ ......~ ~o~ ü æ...... c·~ ~ ë ~ OJ ~ OJU:: ~ {3 2 g: E > .§ Cl) .~..c ro 'ü- c "D 0 .- ro 2 ro ...... C/) :J OJ Cl) Cl) ro 0 ;:; g c Cl) ~ O"D ::J o..@ E .~ Q) .:;: §: Cl) ..c .¡§- ::: = 2 +-=' Ci; E -:= ,f; ;>....Eü!:::cro..cüN ....~ 'V .- 1..1.. ro I ...... Cl) ...... 0 Cl) 0 :::: Cl) E :D :> >,'- Cl) ü E ...... ~..co::JCl);>>.ro2Ec (j) I- 0 (L £ ::J.-t="D 0..'= Cl) t 85 o 0 c C/) = .E ~'Q.. >. >. 0 .- ro ..... Cl) 0 "-C\l(,,)~ ::!::.c:2:£E~"Dü men ~ .S Q.- Q.Q) 10 Q) I:E - Q) IIJ: J:- 3:¡¡; C/) Cl) C/) C/) ::J 13 ü Cl) .~ B~ "D ..... ü c 0.. Q) 0 "D'e ëñ ~ 0.. "~ o Cl) g E o....c .c E O......::Jo 0. c 0..0 o Cl) Cl) C/) ..c Q) ..cc........c .::~E:;; Oo..oc ~ë';::ro .~ Q) "D "D > C/) Q) Cl) Ci; Q).~ C/) > o.Cl).Q o = ~ ü c·-..... C/) ro ~ ~ .~ ~ c ro.§ . .- ro C/) ro ...... OJg ë Cl) ~ == 0... Q)...c:.~ !§-Eg~ roCl)E.cCl) ëñ¡::8~£ "-C\l(,,)~ cni:ñ ~.S Q.- Q.Q) 10 Q) J::E -Q) IIJ: J:- 3:¡¡; að¡,j 111_ C r:: o Q) :¡:; E :ß E ~ 0 00 -ID_ e.. :J'-E o .80.c (¡j ro C\I::J Cl) Cl) Cl)(")C/) "D C/) E c ;:: g Q) ·0> ro 0, ~..c Cl) .Q)r--Q)...... -o..EC\I go. 0.. 0 C\I ¡g ~ -(")0'0>':> OJ .. C/) C\I ..c 0..'; .~ ~ 0 l!) ü 0 :::: Q.)£~~::Jü~ Cl) '-roOCl)(j) EE~.....>'c . Cl)::!:: 0 ~ro£J:::! Cl)OJ +-,o..cCl)cn~:§ ~ Q .~:2: ~..c Cl) OCO~..ccoCl) wCJÎ::JC/)E......E .c:J0~¿"SCl) C/)o>.......Q)Ci£ .ffi~~l§~~o§ o..ü >'c..c C/) Cl)ëñ Q) ;;:: ro 0 c .- ü .~ ..co~üro......cE ~ OJU:: ~ {3 ui g: E Cl) .~ ..c ro 'c3 ë -g 0 C/) :J OJ~ @ Cl) cO £ "D 6 0....... E·- Q) ë~..c-G~Eë£ roI+-'Cl)......OCl)O ~ >,'- Cl) ü E ...... þro2ECtC/) ::J .- "D 0..'= Cl) .... Cl) o 0 c en = :::: c..·9 >. >. 0 .- ro .;:: Q) 0 ::!::.c:2:£E~"Dü að.. 1II!l c c o Q) :¡:;E :ß E ~ 0 00 ~ ill ÕÕ rn ~ § £ .§_'~QJ~ .~~ 00 ~ ~~ .~ 0 ro "2:;; ~ õ ë ~ ~ g- .ê ~ ~ c ~~~ TIIDw ~ID ~<.~ ~~ ID.~O <i:;~ õ5~ctJ ~õ a.."E Q)(l) ~;:'1U -g .8 g E rn ~ ro ;.; g. § ~ ~ .~ ; ð.g ctI Q) Q) E..o 0 OJ t ï::: _ Q) 0.. '- (1)..... ..... >,:;:: ~..o..o 8~~~ro.~.~£EE ~o :~g ~gE ~~~E~~~~8~ 0; W'W ~·~s mmwuOmª~Et ~~ ~~£ ~~.~ ~,~~~~~~§~~ 'U'æ ~~§ ~uTI m ~E~Emø-w m> .Ou E w c~om~'æ'ð~§o ~m E~W '~i~ ~!~~~m~~Eg ~~ c~E ~rn: ~~~£~~~ß~'~ ~: ~~ê u m J:: 0 _ ~ ~ E - 0 of: ~ rn co .- .g £ § ~'~~ ~aoo~~2uJ::w~ ~~ TIE~ - g - ó> ~ ~ E ,~ ~ ~ ~ j : ~ U (j) § "§ ~ ~~æcmm.~U,~Emu~- m O~~ .º2-~~E~~~~~~g£ ~~ ow~ ~ ffi g W ill § 5. m ~ W ~ ~ ~'~ s 8. ~ ~ (j) C E lD E CL.¡;; QJ Œ ~ E.¡;; ü E -'" e 0 <3 £ g Oucm=øJ::.~~mme U ~~ W,C_~ °ffi~£m'~~~~~~~~~ o~ ~E'~u~E£m~oEm~u ;'~ ~~~ 3:« Cu ..c: uo.o_"'O mJ:: au 0... ,~ W £' S .2 8 -g g ~ -g ~ E ~:5 a - .§ ~ ~ ~"Umroga~~Emëøo~ ~g mc~ (( 8 g- E :;::.f: ~ ~ {3 w m § U en 6 ~ ~ 'ill TI ~u~u~ê~~§~~~'~~ g~ u.o~ -c=2-S.o-o"Uc.~£maww c o...mm·5co...=wocm~og~00~ ~~8 ,~-E,~,~~~'~.QZ"'~_~~; Q.æ·~"8 ~c w ~ID~'~,~=E~G~m=~~E~g ~~~ 2~~£~«~~~~~~~~~~2 ~~~ fficenroro mC~§N~~O~§w",.c .~~~ EQJE~~TI~Eº ~--~ a ~~ ~ c'-' '-oo-w~5-roe8~ë¡;êñ~mQ ~«ê*~~c'~~((~~~£~~~~.º~~ *~~~~~~~gg:~~ÆG~o~£EQJ'~~~ o~oE~.o~OO;a~m=wø..c:~E.~- ~~~'--~co~~.~~Eo~~~~"'OQJ~~~ ~ 'ü; U ~ § -9 mE ~ 0 CQJ ~ ~ ~c « w ~ 22ø3:EenmooO~w ~um¿ t~E~~EID~ oa~wwa~~ ~~~.º~&~8~~E~§~~~oEw'~~TI -g c 0. ~; ~ CD ~ ¡ß - 8 g- (j) -2 ~ -6 g- E ,"ê 2 ffi'~ o~E'~'~m~mg§~~2c~wu"'O~suw £~8~.~~~~Q.~~~~~,~£8~~~§~ == § ui 0 c ~ & ~ g -g ,º 'g m.~ ~ .; ð ~:É :5 5} Q Æ,~gg2~~o'~~.~~~:53:~~83:~ê~ t~·~·2.~~m~~EEo~¡ß§~,~~~~8m ~~~~~E~wm8~~'~'~~rn~~'~~~~ ~WŒ~m~~££~OO~~üoo«m~mmoo i:3.. ... QJ ~ m ~o .~w 00 ~ ~ £0 g3:~ §£ _ (f) ~QJ -g.c w .- ID Cl. ~ Õ C ~:~ '-'- mE $ ~ UQJ ~.~ m 0... m ~ « ,~ ~ ~ c ~ ¿ - cIDoo ID- = U » ~.~~ ~~~ ~~~ £~ ~2~ ~.~ ~;~ c.2 c ê ëã ~ m ~~ ro ~ ~ c ~ CD 0 ii= m~ID DOmt'~~m~~ 20 ~~~ ~ ~~ ~ ~ e--æ ~'~É ; ~ ~ Õ; (f) - c >c_ ~~~E~EøoouE _ ~~~ ~'~2 mmID~~ID-6~Bt ~~ ,~c~ ~~'æ ~,~£m=~.~§ø~ 'G~ ~go ~uTI m~SE~E~ø£~ m> 0 ~~* ~!~~~~~i~~ ~i ~~~ ~~~ ~m~£~~~ß~'~ ~: ~~~u ~ £ 0 - ~ ~ E - 0 .~ ~ m $ ~ .g £ § æ~õ ~gØÖO-E~É~~ ð~ ~E~ - g - c:i> ë 1Ë .8 .!!? E QJ - ~ QJ 1? ü C/) § to ¡ii ~~mcmIDuu~Eëãu~_ m OCl.~ 0~2~,~Eßu~~~~$£ ~~ OIDm ~ á3 g m ~ § 5. æ cu~ cv ~ ~ ~'3: .- 0 ~ ;V û5 t:ElDECL-QJŒQJE-üE-", ~~ <3£e oucm=~..c:.5~~~e u Cl.~ ~ 0á3~:5ro.~~~~~~~~~ 00. ~,5'2 ~E'iu~ESm~oEm;u ;.~ ~ij ~ « >. á3 -g 0 u ~ ~~.g ~ c.~ m..c: DIU 0... '5~¡~TIü~ß~coo-Eo ~~ ,§~~ Q) U C. C a ID ~ cu ë en O..c: - ~ cuQJ .t:_ ~ ŒOoO·-CCl.o.=Q)~cuø g~ _ cÜ~-ro'2omgooEg,~00 urn ~2~ ~~~E£~2£ð~~~~~ó>æ~ =-c ~::·~§o...~mOicv~~~~.~~ ~~8 ~E·~·-~~~g~~~icvCl.mcvo mg~ WID~~Y-EuGøcv=~mE~O ..c:'-m ~E~£c.~cv~Q)gømu£=~~ -roID ëU~roCl. ~~~2~ooê~uE.o ~ga CVæ~Cl.m_cvC~ON~~o_~§cv",~.~~~ EEuuTI~~º ~~-~o '-', ~~~ §-« ~ 2 .~ ~ 00 13 £ ~ CT ~ e ü ~"CD éñ c m ~ øD'-'c~C ~~=£~gc~.º~! ~æ~~~~ºE~ccum~Eü~~~oo-ID m ä: 0 S CV ~ ro E 8 º en ~ cu 2 § - Q; .~ g £ ~ cv >..£ :5 ~ -g 8 >. ro g> ~ m'~ ~ ~ É Cl. E:.c c ·2.~~>'C~IDcv~-g·2~Em~m3:"U0~·- ..~êO~o~E..c:Ümßs~~£gm*o~~ œucv¿ troE~~EID~ 0ŒQ)Q)ma~U i~ljl~~~I~~il¡!~I~I~B~ 8~E'~'~m~mgg~~2c~cvuu>,~u2 ~~8Ec~~~~~~cv~!.f:£g~i~§o ~ 5 ~ 8'~ ~ 8. m g -g .2 g cu·~ ~ .; ~ 5 É :5 ~ º ~:§ggg~~~'~~'~6~S~~~8~~ê~ ~~·~·2.~~æg~EEü~m§~-~~~~8~ ~g~~~~~~ID8~~_~'~~§~~'~~~~ ~ØŒ~cuØ~££~OÜ~~Cl.ø«mCl.oomoo 5.. ... Lake Minnewashta 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 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. 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 efrors 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 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. Public Hearing Notification Area Berland Variance Request 6900 Minnewashta Parkway City of Chanhassen Planning Case No. 04-42 ite Oak Lane Lake Minnewashta ..... +-- c: :J o () Subject Property Kings Road Kin s Road Lake St Joe RED CEDAR COVE TOWNHOUSE PO BOX 181 EXCELSIOR MN 55331 BENNETT J & SHARON M MORGAN 3920 WHITE OAK LN EXCELSIOR MN 55331 RICHARD T & DIANE L HUNTER 3961 STRATFORD RDG EXCELSIOR MN 55331 LENNART J & DEADRA S JOHNSON 6240 CHASKA RD EXCELSIOR MN 55331 RICHARD A & JUDITH F BERLAND 6900 MINNEWASHTA PKY EXCELSIOR MN 55331 DAVID L & DIANE E LIESER 3881 STRATFORD RDG EXCELSIOR MN 55331 DOUGLAS DALE REICHERT 3901 STRATFORD RDG EXCELSIOR MN 55331 SCOTT BOLIN 3921 STRADFORD RDG EXCELSIOR MN 55331 JOSEPH M & DARCY S PICHE 3960 WHITE OAK LN EXCELSIOR MN 55331 JONATHAN S DUSTRUD & KRISTINA P DUSTRUD 3980 WHITE OAK LN EXCELSIOR MN 55331 DARYL L & DEBRA A KIRT 50 HILL ST CHANHASSEN MN 55317 WILLIAM J MUNIG 6850 STRATFORD BLVD EXCELSIOR MN 55331 DAVID R BARBARA M HEADLA 6870 MINNEWASHTA PKY EXCELSIOR MN 55331 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317