CC Memo 12-13-04
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
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Phone: 952.227.1180
Fax: 952.227.1190
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Fax 952.227.1170
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Recreation Center
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Phone 952.227.1400
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Natural Resources
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1591 Park Road
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Phone 952.227.1125
Fax: 952.227.1110
Web Site
WIIW.ci .chanhassen. mn.us
MEMORANDUM
TO:
Todd Gerhardt, City Manager
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The City 01 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.
FROM:
Sharmeen AI-Jaff, Senior Planner
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DATE:
December 13, 2004
SUBJ:
Preliminary Plat to Subdivide a 3.5 Acre Parcel into Two (2)
Single-Family Lots with a Variance, Lotus View Addition
Planning Case No. 04-23
EXECUTIVE SUMMARY
The development was reviewed and recommended for approval by the Planning
Commission on November 16, 2004.
ACTION REQillRED
City Council approval requires a majority of City Council present.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on November 16,2004, to review
the proposed development. The Planning Commission voted 6 to 0 to approve the
proposed development. Jack Fess, a Ridge Road resident, expressed concern
regarding construction traffic on Pleasant View Road. A condition was added to
have all construction parking occur on the Thomas property. Tom Meier, a resident
on Pleasant View Road had concerns regarding who may occupy the guest home,
the use of the beach house and property on the lake, and drainage from this
property onto his driveway and garage. Additional lake access is not being
provided within the newly created lot. The proposed subdivision does not The
summary and verbatim minutes are item la in this packet.
RECOMMEND A TION
Staff and the Planning Commission recommend adoption of the motion approving
preliminary plat with variances as specified in the staff report dated November 16,
2004.
ATTACHMENTS
Amended Planning Commission Staff Report Dated November 16, 2004.
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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
STAFF 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:
Beverly 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.
ICANNED
Location Map
Lotus View Addition
745 Pleasant View Road
City of Chanhassen
Planning Case No. 04-23
Christmas
Lake
Lotus
Lake
1011111.
Planning Commission
Lotus View Addition-Planning Case No. 04-23
November 16, 2004
Page 2
PROPOSALlSUMMARY
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.
Type of Slope
Stee r than 3:1
10:1 to3:1
Flatter than 10: 1
Time
(maximum time an area can remain unvegetated
when area is not acdvel worked)
7Da S
14 Da s
21 Da s
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.
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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 ATIONILANDSCAPING
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
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The applicant meets minimum canopy coverage allowed.
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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
Pleasantview Road -
bufferyard B - 30' width
415' len h
Re uired
4 overstory trees
8 understory trees
8 shrubs
Pro osed
Existing trees and 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 ofthe
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 permit 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
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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.
RECOMMENDATION
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 bein2 worked)
Steeper than 3: 1 7 Days
10:1 to 3:1 14 Days
Flatter than 10: I 21 Davs
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.
20. All construction parking will be required to be off road."
ATTACHMENTS
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 cases\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 RECOMMENDATION
IN RE: 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;
t
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 al, 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 cases\04-23 - lotus view addition-745 pleasant view road\findings of fact.doc
CITY OF CHANHASSEN
RECEIVED
\ Ò" oOf\rt\
OCT 1 5 2004' ®
0'1-23
CHANHASSEN PLANNING DEPT
CITY OF CHANHASSEN
7700 MARKET BOULEVARD
CHANHASSEN, MN 55317
(952) 227-1100
DEVELOPMENT REVIEW APPLICATION
APPLICANT: ~V ifl~ C. ~ovn fA ~ OWNER: _~ V f r l V (.. Th f) YY1 q ç
ADDRESS: L-/t-fti Second ,St. ADDRES.. 74-f; fJ~{)~ e~
(',(c.¿l41~Dt, MI\I 553~~1 ~ MN "s-S'~¡7
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TELEPHONE (Day Time) 302 - 47 z{- (¿; II {¡, TELEPHONE: (¿, I Z -.'3C>¡((J - I qqo
Comprehensive Plan Amendment Temporary Sales Permit
Conditional Use Permit Vacation of Right-of-Way/Easements
Interim Use Permit V' Variance àJX}J)O
- Non-conforming Use Permit Wetland Alteration Permit
Planned Unit Development* Zoning Appeal
Rezoning Zoning Ordinance Amendment
Sign Permits
V 1S.oo
Sign Plan Review Notification Sign '00
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X Escrow for Filing Fees/Attorney Cost**
Site Plan Review* ~~UP/SPRN ACN AR/W AP/Metes & Bounds
/ - 400 Minor SUB
V Subdivision* ,oO,o~ TOTALFEE$ .~ 07r-
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.
(Ie,)
*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
¿ 0 -:0f Ut e: \ ~cL.Æ!::Q'
PROJECT NAME: VV ~ 7' ,.J
LOCATION: 7'15 pl(a~aV1+v/~uJ Rd.
LEGAL DESCRIPTION: P/O N W '/"/ D£5C. AS: ß6r;. AT A rT tlJ CENrGI2..{,.IN£ oP EbGNPMIZ.JE. !?/J
170· ¡:;~y V~()M IN Ut\16 ~c..í..1. AS Mt:ASuR6b Al.-ðJJG a.~£U.INé. î!4 sqJj( r;, t..l2~,3)-rn tJ10*G 4hc¡.~
TOTAL ACREAGE:
c1.~:3
WETLANDS PRESENT:
PRESENT ZONING:
YES
V' NO
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION: ¿ OW à £"'~
REQUESTED LAND USE DESIGNATION: S,q IYJ£
REASON FOR REQUEST: SUa ¿,'Ut 1. ò~
v
~SF
leJF
/Z€ J. .Jk--.-:../
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.
S~(ì~
~tJ e.-rf '1- Q Th~
Signature of Fee Owner
/ D /" / Ý- -DC¡
Date .
I D-It{- 0 z¡
Date
Application Received on ID -IS-a-l_
J _0°
Fee Paid ) OÎ'::1-
Receipt No. EE /5452...
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\fonns\Development Review Application.DOC
Q:.!\iHìi\Jð
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 &uch 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 ~ day oíYì(lLJt.M-J~, 2004.
\
~t~---'¡: ~, -~
Notary Publi
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Ilsclalmer
his map Is neither a legally recorded map nor a survey and is not Intended to be used as one.
his map is a cOf1l)ilation of records, Information and data located In various city, county, state and
lderal offices and other sources regarding the araa shown, and is to be used for referance
urposes only. The City does not warrant that the Geographic Information System (GIS) Data used
, prapare this map are error free, and the City does not represent that the GIS Data can be used
,r navigational, tracking or any other purpose requiring exacting measurement of distance or
lrection or precision In the depiction of geographic features. If errors or dscrepancies are found
lease contact 952·227·1107. The preceding disclaimer is provided pursuant to Minnesota
taMes §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 harmless the City from any and all claims brought by User, lis 9II'4'I0yees or agents, or third
arties which arise out of the usefs access or use of data provided.
)tsclatmer
1IIs map Is neither a legally recorded map nor a survey and is not intended to be used as one.
ñis map is a COf11IÏlation of records, information and data located In various city, county, state and
aderal oIIices and other sources regarding the area shown. and is to be used for reference
>Urpos&S only. The City does not warrant that the Geographic Infonnation System (GIS) Data used
) prapare this map are error free, and the City does not reprasentthat the GIS Data can be used
)I' navigational, tracking or any other purpose requiring exacting measu_ 01 distance or
&rection or precision In the depiction 01 geographic features. If errors or dscrapancies are found
~ease contact 952-227-1107. The pracedng disclaimer Is provided pursuant to Minnesota
>tatutes §466.03. Subd. 21 (2000), and the user 01 this map acknowledges that the City shall not
19 Hable for any damages, and expressly waives all claims. and agrees to defend, Indemnify, and
IOId harmless the City from any and all claims brought by User. lis employees or agents, or third
oarties which arise out of the usefs 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
63790XBOWBND
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
LlN 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
THOMAS J & JEANNE L KRAKER
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