PC Staff Report 12-7-04
CC DATE:
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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 ø~/
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
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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
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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 onsite sewage treatment systems
shall be setback (in feet) from the ordinary high water level as follows:
::>tructures Structures Sewage
Classes of Public Waters Unsewered Sewered ~reatment
System
Lakes
Natural
environment 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
11. 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 acti vity 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 - Berland Variance\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
0'-1- +2-
CITY OF CHANHASSEN
7700 MARKET BOULEVARD
CHANHASSEN, MN 55317
(952) 227-1100
DEVELOPMENT REVIEW APPLICATION
APPLICANT: RI0"'(),rcJ <d-\TlJ.ðy ðp{')o.nd OWNER: -So vnP~
ADDRESS: (p C¡OO !?1; v}Vfe,L,Ja<S hfu MrþúP-Y ADDRESS:
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TELEPHONE (Day Time) 0/;:( - ~ ,3.... s ~ YC¡ TELEPHONE: ~ 9~;;;"" 9:;<5- 9E3/1::(
CITY OF CHANHASSEN
RECEIVED
OCT 2 9 2004
CHANHASSEN PLANNING DEPT
Comprehensive Plan Amendment I Temporary Sales Permit
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
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 $
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 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
PROJECT NAME:
LOCATION: Cc,gOC:>
LEGAL DESCRIPTION:
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¿S - <&3000 '7 D
TOTAL ACREAGE:
WETLANDS PRESENT: YES NO
PRESENT ZONING: 5 i "51<' - ~.Á~ \~ R.:;>-s (C.küA:fR \ C ~ I="J
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION: =Re~\'ck~\\n \.- Lawkf\&'''+(
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.
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Signature of Fee Owner
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Fee Paid L..SO-
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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:\pJan\fonns\DeveJopment Review Application.DOC
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I hereby certify that this is a true al)d correct representation of a esbùi\t 3UIWE!{ð~ \..MJosa>é'e,¡,)¡,
oft OUTloT E, WHir€. O""\<, f\DClT1tDÙ¡ C-NWé'.R. County, Minnespta as on file and of record
in the Office of the County Recorder in and for said County,
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RECEIVED
Allan R, Hastings
Minnesota Registration No. 17009
2~2 F4~Bt ~venue E.
Suite'".G,
Shakopee, Minnesota 55379
Phone 952 445 4027
CHANHASSEN PLANNING DEPT
OCT 2 9 2004
'CANNeD
To:
From:
Re:
City of Chanhassen
Judy and Rick Berland
Variance request to permit 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 permit and whether there were any restrictions. He was told
that no permit 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 from 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 permeable 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 fonnally 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
CHANHASSEN fÚ'
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: 952.227.1170
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 of retaining walls over four (4) feet in
height is regulated by Minnesota State Building Code (MSBC) Section
1300.0120.
Please cease all activity on-site andcontact me no later than Wedriesday,
July 21, 2004 to discllss 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,
Löri Haak
Water Resources Coordinator
Enclosures
cc: Dan Remer, Engineering Tech In
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 to 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
ST ATE OF MINNESOTA)
) ss.
COUNTY OF CARVER)
I, Karen 1. 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 Iakeshore 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.
ï
LØ..{LAA'L¡-----
Subscribed and sw¡;¡: to before me
this;l1!!àayof (' Ilt?fY1 bé,.-- ,2004.
à~~J~, ," ,,~,~
Nota .Búblic
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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 fhat 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 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.
Public Hearing Notification Area
Berland Variance Request
6900 Minnewashta Parkway
City of Chanhassen
Planning Case No. 04-42
Lake Minnewashta
Hall ren Lane
ite Oak Lane
'-
-
C
:::I
o
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