D-3. Fretham 19th AdditionPROPOSED MOTION:
"The Chanhassen Planning Commission recommends that City Council approve the preliminary
plat creating four lots, approve the hard cover variances for Lots 1 and 3 of 7.4 percent (32.4 %
hardcover) and 3.2 percent (28.2% hard cover), respectively, as well as the front setback variance
for Lot 1 of 10 feet (20 -foot front setback on Bretton Way) subject to the conditions of the staff
report and adopts the attached Findings of Fact and Recommendation."
SUMMARY OF REQUEST: The developer is requesting preliminary plat review for a four -lot
subdivision with variances for hard cover and setback. The plan set was prepared by Campion
Engineering Services, hic. dated January 3, 2014 and last revised August 11, 2014. These plans
were submitted on behalf of the applicant Lakewest Development and were received by the City of
Chanhassen on August 15, 2014. The plan set included six pages and a stormwater management
design summary. The plan set did not include a drainage map showing pre- and post - development
drainage areas.
LOCATION: 6397 and 6411 Bretton Way
PID 25- 6820030 & 25- 6940030.
APPLICANT: Lakewest Development, LLC. Naomi Carlson
Ben Wikstrom 6411 Bretton Way
14525 Highway 7, Suite 102 Chanhassen, MN 55317
Minnetonka, MN 55345
(952) 653 -2189
ben @lwestdev.com
PRESENT ZONING: Single - Family Residential District, RSF
2020 LAND USE PLAN: Residential Low Density (net density 1.2 — 4.0 units per acre)
ACREAGE: 1.51 acres DENSITY: 2.65 units per acre
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.
Planning Commission
Fretham 19a' Addition — Planning Case 2014 -08
September 16, 2014
Page 2of17
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.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting preliminary plat approval to create four single - family lots with a
variance from the 25 percent hardcover for Lots 1 and 3, and a setback variance for Lot 1 to
move the buildable area away from the existing driveway which serves the property to the
northeast. The hard cover request is to permit 32.4 percent impervious surface on Lot 1 and 28.2
percent impervious surface on Lot 3. The setback variance is to permit a 20 -foot setback from
Bretton Way for Lot 1. Redevelopment of these parcels with new single - family homes would be
beneficial to this neighborhood and the community and eliminate a non - conforming use.
Site Information
There were no indications that any jurisdictional wetlands exist on site. The site does not have
any bluff conditions. The property drains to Christmas Lake but is just outside of the 1000 -foot
overlay district. Currently the site has two buildings and a gravel drive and parking surface with
limited tree cover.
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article XII, "RSF" Single - Family Residential District
On March 11, 2013 the Chanhassen City Council approved the change in nonconforming uses at
6411 Bretton Way and adopted performance standards as a guide to the continuing use of the
building.
The Chanhassen City Council approved Curry Farms 2' Addition on July 15, 1988.
RLS 105 dated 6/17/1988 creates the parcel around the building containing commercial uses.
1986 — Property zoned Single Family Residential (RSF) from R1 (residential agricultural).
1970s — Precision Manufacturing Company, parts manufacturing, tool and die.
Planning Commission
Fretham 19a' Addition — Planning Case 2014 -08
September 16, 2014
Page 3 of 17
September 16, 1964 — Registered Land Survey 28 creates the parcels containing the house and
buildings as well as many of the parcels in the neighborhood.
SUBDIVISION
The applicant is requesting subdivision approval to create four single- family lots with variance
requests for front yard setback from Bretton Way on Lot 1 and hard cover variances for Lots 1
and 3.
EASEMENTS AND PRELIMINARY PLAT
There are several existing easements within the project boundary:
1. Easement for utility purposes for Northwestern Bell Telephone dedicated in 1956. Staff has
not received a copy of this easement and therefore unable to determine if the project proposal
conflicts with this easement.
2. Deed easement dated August 2, 1969. This easement is along the northwestern 14 feet of the
property in favor of 6305 Teton Lane. This is not a public easement.
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EASEMENTS AND PRELIMINARY PLAT
There are several existing easements within the project boundary:
1. Easement for utility purposes for Northwestern Bell Telephone dedicated in 1956. Staff has
not received a copy of this easement and therefore unable to determine if the project proposal
conflicts with this easement.
2. Deed easement dated August 2, 1969. This easement is along the northwestern 14 feet of the
property in favor of 6305 Teton Lane. This is not a public easement.
Planning Commission
Fretham 19' Addition — Planning Case 2014 -08
September 16, 2014
Page 4 of 17
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property in favor or 6281 Teton Lane. This is not a public easement. A sanitary sewer
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Planning Commission
Fretham 19d' Addition —Planning Case 2014 -08
September 16, 2014
Page 5 of 17
4. Easement for ingress and egress purposes dated January 30, 1971, document T15149. This is
not a public easement. This easement conflicts with the building pads shown on Lots 3 and
4. A portion of this easement lies within the Bretton Way right of way; therefore, this
easement must be extinguished prior to final plat approval.
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5. Easement for road purposes dated December 21, 1972, document T17882. This is not a
public easement. This easement conflicts with the proposed building pad on Lot 2. A
portion of this easement lies within the Bretton Way right of way; therefore, this easement
must be extinguished prior to final plat approval.
Planning Commission
Fretham 19a' Addition — Planning Case 2014 -08
September 16, 2014
Page 6of17
CenterPoint Energy reviewed the proposal and indicated that a gas line with four services
extends along the northern portion of the subject property, as shown in blue below (approximate
parcel boundaries shown in yellow). There is no evidence of an easement that covers this gas
line in its entirety. Prior to final plat submittal the developer shall coordinate with the gas
company to verify the location of the gas line. If the gas line is not within an existing easement,
the developer must provide and dedicate the necessary easement or relocate the gas line to lie
within an easement area in accordance to CenterPoint Energy's specifications.
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CenterPoint Energy reviewed the proposal and indicated that a gas line with four services
extends along the northern portion of the subject property, as shown in blue below (approximate
parcel boundaries shown in yellow). There is no evidence of an easement that covers this gas
line in its entirety. Prior to final plat submittal the developer shall coordinate with the gas
company to verify the location of the gas line. If the gas line is not within an existing easement,
the developer must provide and dedicate the necessary easement or relocate the gas line to lie
within an easement area in accordance to CenterPoint Energy's specifications.
Planning Commission
Fretham 19t1 Addition — Planning Case 2014 -08
September 16, 2014
Page 7of17
The oversized perimeter drainage and utility casements on the north side of Lots 1 and 3 are not
necessary. These easements can be reduced to 10 feet.
STREETS AND ACCESS
Access to three of the proposed lots will be from Bretton Way with the fourth lot off of Teton
Lane, 31 -foot wide public streets within a 50 -foot wide right of ways. These streets were
constructed with the Curry Farms 2nd Addition improvements; therefore, no public road
improvements are proposed or required with this development.
A portion of the existing private gravel surface on the north side of the property is not within the
deeded easements; therefore, the developer proposes to relocate these portions so that they are
within the easement area. Additionally, a portion of the gravel surface on Lot 1 is proposed to be
disturbed for grading purposes. Any portion of the gravel surface that is disturbed with this
development shall be paved. It is the developer's responsibility to coordinate access to the
gravel surface with the affected residents during construction.
GRADING AND DRAINAGE AND RETAINING WALLS
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The developer proposes to mass grade the site. The site drops between 14 and 34 feet from the
north to the south. Due to the severity of the grades the developer proposes to construct a 305 -
foot long retaining wall on the north side of the property. The maximum height of this wall is 12
feet and shall comply with the following:
1. A building permit is required,
2. The design shall comply with the Minnesota Department of Transportation standards for
retaining walls,
3. The drainage design for the wall shall consider the surface runoff that will sheet drain
towards the wall,
Planning Commission
Fretham 19d' Addition — Planning Case 2014 -08
September 16, 2014
Page 8 of 17
4. The wall crosses over property lines and therefore it shall be built in conjunction with the
subdivision and a homeowners association must be formed to own and maintain the wall,
5. An encroachment agreement will be required before the retaining wall building permit is
issued if the retaining wall is to be installed within the platted drainage and utility easement.
6. It appears that the construction of the wall will encroach into both of the deeded easements.
The developer shall ensure that the wall construction does not compromise the private
sanitary sewer service or the gas line in the area.
7. The developer shall install a barrier (fence, berm, landscaping or other barrier) between the
private gravel street and the top of the retaining wall.
The driveway grades on Lots 1 and 2 appear to exceed the 10% maximum allowed by ordinance.
All driveways within the development shall meet the 10% maximum driveway slope. The
developer is encouraged to consider a driveway design that many homeowners desire which
includes a landing (typically 3 %) at each end of the driveway (at the street and at the garage).
The submittal does not include a drainage map as is required. The applicant must submit the
drainage map prior to any final plat approvals. A review of city GIS data indicates that the
majority of the site (DA2 and DA3) drains from north by northwest to southeast with much of
this drainage area going into a culvert under the driveway at 6421 Bretton Way. This culvert
does not have a drainage and utility easement
and is not part of the public storm sewer
system. The remainder of this drainage area
drains to Bretton Way where the storm water
is collected in the gutter and directed into the
catch basin manholes in front of 6431 Bretton
Way before discharging into pond CL -P1.12
south and east of the subject property and
subsequently discharging into the channel
draining to Christmas Lake. This channel is
deeply incised and has significant headcutting
as a result of the flashy nature of the flow
through the channel, as well as the sheer
volume of runoff. It is important that the
private culvert and the downstream conditions
Figure 1 - Subject property existing drainage conditions
are taken into consideration with the development of this site. The most extreme westerly portion
of the property drains to the catch basin manhole at the corner of Teton Lane and Bretton Way
and is routed south before entering the same pond before discharging to Christmas Lake.
Under the proposed conditions, it appears that the drainage areas remain relatively consistent in
direction. The routing will change slightly as the development proposes to incorporate two (2)
rain gardens with three (3) culverts providing conveyance between the features. The applicant is
proposing to direct a significant portion of the site drainage to the private culvert under the
driveway at 6421 Bretton Way. The discharge should be brought to a public system where the
City has the ability to access and maintain the conveyance for public benefit. To this end, the
applicant shall either procure a drainage and utility easement over the entirety of the culvert or
Planning Commission
Fretham 19a' Addition — Planning Case 2014 -08
September 16, 2014
Page 9 of 17
they shall install a catch basin manhole in Bretton Way just west of the driveway for Lot 4 and
tie this into the existing public stone sewer system.
If the applicant chooses to procure an easement to the benefit of the city, the culvert must be
modeled to assure adequate capacity exists to handle the ten (10) year storm event and provide
for a safe and stable emergency overflow.
The other area of concern is regarding of the drive in the easement north of Lot 1. The proposed
condition will direct water at the back of the house. The applicant must redesign the drainage to
avoid this condition or provide evidence, satisfactory to city staff, that the condition will not
have deleterious effects on the property.
STORMWATER MANAGEMENT
The applicant is proposing to use two rain gardens to provide volume reduction for the first 1.1
inch of rainfall and to meet water quality standards. Staff has reviewed the assumptions
regarding post - development impervious surface coverage as it pertains to required infiltration
volume and finds the impervious surface calculations confusing and disparate. Some of the
discrepancies are shown in the following table.
PROPOSED IMPERVIOUS AREAS — Per
Stormwater Management Summary
Subcatchment Areas
PROPOSED IMPERVIOUS AREAS — Per
Preliminary Plat (Sheet No. 3 of 6)
Subcatch
Impervious - SF
Gravel* - SF
Existing Drive
Proposed House, etc
2S
609
568
Lot 1
2,987
2,763
3S
3,707
2,247
Lot 2
813
2,970
4S
3,197
954
Lot 3
1,605
3,199
5S
3,945
1,847
Lot 4
50
3,535
6S
778
122
SUM
5,455¥
12,467 (0.286 ac)
SUM
12,236 (0.281 ac)
5,73e
COMBINED
IMPERVIOUS
17,974 SF
(0.413ac)
COMBINED
IMPERVIOUS
17,922 SF
(0.411 ac
Table 1. Impervious areas discrepancies as shown on preliminary plat and in stormwater
summary.
*Gravel is considered impervious. To remain consistent with the nomenclature used in the
Stormwater Design Management Summary it has been included in a separate column.
¥These numbers should be equal as they are both based off the same development scenario
The calculated impervious from the storm water management summary is not consistent with the
proposed impervious shown on the preliminary plat sheet. Further, when compared to the
numbers on the Existing Conditions and Removal Plan (Sheet 2 of 6) which shows a combined
impervious surface area of 17,985 square feet, there is an even larger discrepancy. The applicant
must provide clarification to resolve the disparate impervious surface calculations and assure
adequate volume reduction.
Planning Commission
Fretham 19d' Addition — Planning Case 2014 -08
September 16, 2014
Page 10 of 17
Regardless of the final overall impervious surface calculations, the proposed water quality
volume is inadequate for any of the three calculated areas shown within the plan (17,922 SF to
17,985 SF). The water quality volume provided for appears to be adequate to address 1.1 inches
of runoff from 0.28 acres or approximately 12,200 square feet. Given the applicant has
calculated the impervious surface area to be 12,236 SF (0.281 acres) it seems apparent that this
area was used to calculate necessary infiltration/water quality volume and that the gravel drive
was discounted from the calculations. However, the infiltration/water quality volume should
accommodate runoff from all impervious
surfaces. This is as much as 1,800 cubic feet
depending upon what the actual total impervious
surface area is. The proposed stormwater
management only provides an infiltration/water
quality volume of 1,305 cubic feet. Because of
the known downstream issues and the request for
a variance from the 25% hardcover requirement,
the need to provide adequate volume reduction
becomes more paramount. The applicant shall
provide infiltration/water quality volume
adequate to address the volume reduction
requirements for the runoff from all impervious
surfaces in the development.
Figure 2 - Exposed sanitary sewer within channel to
Christmas Lake downstream of site
The applicant must provide a detail of the rain gardens which is consistent with the
recommendations and requirements of the Minnesota Stormwater Manual before final plat
approval. This should include engineered soils, underdrains if any are proposed, energy
dissipation at the culverts, cross - sectional profile views, emergency overflow stabilization,
planting schedule, and any other appurtenant features.
The proposed rain gardens bounce up to 23 inches. The Minnesota Storm Water Manual
requires that the rain gardens draw down within 48 hours and that Hydrologic Soils Group
(HSG) C soil have a maximum ponding depth of 9.6 inches. The applicant shall provide a
hydrograph showing the duration of ponding and shall reduce the ponding depth so the bounce
does not exceed MN Storm Water Manual guidance or correct the soils and demonstrate that
they are commensurate with HSG A or B soils.
The culverts and rain gardens will be privately owned and maintained. The applicant must
provide an operations and maintenance manual as well as describe who will be responsible for
the maintenance of the rain gardens and what assurances will be in place. The responsible party
must submit bi- annual reports to the Water Resources Coordinator every spring and fall. The
City has developed template operations and maintenance manuals and inspection forms which
they will make available to the applicant upon request.
Drain tile services must be provided to all properties that will flow from the back to the front of
the lot.
Planning Commission
Fretham 19`h Addition — Planning Case 2014 -08
September 16, 2014
Page 11 of 17
GRADING AND EROSION PREVENTION /SEDIMENT CONTROL
The total disturbance will exceed the minimum one acre threshold and will require a National
Pollution Discharge Elimination System Construction Permit. The applicant has developed a
preliminary Surface Water Pollution Prevention Plan. This plan does not have all the required
elements and must be amended to include these elements prior to final approval. The most
noteworthy elements absent from the SWPPP include the following:
1. Quantity of erosion prevention and sediment control materials. This shall include all
topsoil, engineered soils and final vegetation establishment.
2. List of persons responsible for the SWPPP design, SWPPP implementation, and day to
day site operations.
3. Sequencing of all site activities. It is particularly important that they identify when the
rain gardens will be constructed and how they will be protected throughout the life of the
project.
4. Pre - construction and post - construction drainage boundaries.
5. Receiving waters including distance and direction.
This is not intended to be an exhaustive list of required elements. The applicant must review the
NPDES permit and assure that all required elements are included in the SWPPP prior to final plat
approval. The applicant must include all elements required under Chapter 19 of City Code.
Most noteworthy is the requirement of six inches of topsoil.
SANITARY SEWER AND WATER MAIN
Sanitary sewer and water main were installed within Bretton Way in conjunction with the Curry
Farms 2 "d Addition improvements. Sewer and water services to each of the proposed four lots
were installed by the Curry Farms 2 "a Addition developer; therefore, the sewer and water lateral
fees do not apply. One City Sanitary Sewer Access Charge (City SAC) and one City Water
Access Charge (City WAC) were assessed to the property in 1990 and have been paid. Prior to
final plat approval the developer shall identify which of the four lots receive the City SAC and
City WAC credit. The remaining three lots shall be subject to the City SAC and WAC, 30% of
which will be collected with the final plat at the rate in effect at the time of final plat approval.
All lots are subject to the Metropolitan Council Environmental Services Sanitary Access Charge
(MCES SAC), which is paid with the building permit.
A portion of the private sanitary sewer service to the home located on 6281 Teton Lane will
encroach into the platted drainage and utility easement; therefore, an encroachment agreement is
required.
Planning Commission
Fretham 19'h Addition — Planning Case 2014 -08
September 16, 2014
Page 12 of 17
LANDSCAPING AND TREE PRESERVATION
The applicant has submitted tree canopy coverage and preservation calculations. They are as
follows:
Total upland area (excluding wetlands) 1.51 ac. or 65,775 SF
Baseline canopy coverage 25% or 16,443 SF
Minimum canopy coverage allowed 30% or 19,732 SF
Proposed tree preservation 5% or 3267 SF
Developer does not meet minimum canopy coverage allowed; therefore, the difference between
the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required
replacement plantings.
Difference in canopy coverage 16,465 SF
Multiplier 1.2
Total replacement 19,758 SF
Total number of trees to be planted 18 trees
The total number of trees required for the development is 18. Applicant has proposed a total of
18 trees planted throughout the 4 lots.
There are no bufferyard requirements for this subdivision.
MISCELLANEOUS
The existing buildings on the property, including sheds, house and the long building will need to
be demolished prior to recording of the final plat since accessory buildings are not permitted
without a principal structure and the buildings will be located across lot lines. Appropriate
permit(s) are required for the demolition or moving of any existing structures. A final grading
plan and soils report must be submitted to the Inspections Division before building permits can
be issued. Retaining walls over four feet high require a permit and must be designed by a
professional engineer. Each lot must be provided with separate sewer and water services.
Since the site has been used for some industrial and commercial uses in the past including
machining operations, tool and die and painting, it would behoove the developer to perform an
environmental audit of the property to determine if there are any environmental issues that need
to be addressed. The developer shall perform a phase I environmental audit on property
surrounding the commercially used building.
The developer shall ensure that the necessary easement is in place so that the future property
owner of Lot 2 can access the northern tip of the property. Staff foresees this area being used for
permissible storage on Lot 2.
Planning Commission
Fretham 19a' Addition — Planning Case 2014 -08
September 16, 2014
Page 13 of 17
COMPLIANCE TABLE
@ 90 feet at the building setback line permitted on cul -de -sac bubble.
VARIANCE
The applicant is requesting variances to permit hard cover of up to 32.4 percent for Lot 1 and
28.2 percent for Lot 3. The reason for the hard cover variance is to accommodate the existing
hard cover for the driveway serving the property to the northeast. The permissible hard cover for
Lot 1 is 4,443 square feet. The existing driveway across Lot 1 is 2,987 square feet which
represents 16.8 percent of the impervious surface on the property. This would permit an
additional 1,456 square feet of impervious surface. With the variance, Lot 1 would be permitted
a total of 5,750 square feet of hard cover, an increase of 1,307 square feet of permissible hard
cover. The permissible hard cover for Lot 3 is 4,258 square feet. The existing driveway across
Lot 3 is 1,605 square feet which represents 9.4 percent of the impervious surface on the property.
This would permit an additional 2,653 square feet of impervious surface. With the variance, Lot
3 would be permitted a total of 4,804 square feet, an increase of 546 square feet in permissible
hard cover.
Short of eliminating one lot from the development, staff is unaware of any way to permit the
subdivision of this land without granting a variance. Each lot meets or exceeds the required lot
standards for single - family residential lots. If the developer could remove the private
street/driveway access to the lot to the northeast, then there would not be a need for a hard cover
variance. However, this easement is to the benefit of that property owner and currently provides
their only means of access to their property.
The second variance request is to permit a 20 -foot front yard setback from Bretton Way for Lot
1. This variance would permit additional separation from the building to the driveway. Staff is
proposing that a minimum 10 -foot setback be required from the easement to provide sufficient
snow storage. Staff has evaluated the potential of moving the home to the east on Lot 1 and
providing access to Bretton Way. However, the house design for this property is a side - loaded
garage which has a different configuration then a front -entry garage, which does not appear to fit
on the lot without the variance either.
Area (s q. ft. )
Frontage (ft.)
Depth ft.
Notes
Code
15,000
90
125
Lot 1
17,771
97
199
Corner lot
Lot 2
15,431
120
202
Lot 3
17,034
91
162
Lot 4
15,469
73
186
TOTAL
65,705
1.51 acres
@ 90 feet at the building setback line permitted on cul -de -sac bubble.
VARIANCE
The applicant is requesting variances to permit hard cover of up to 32.4 percent for Lot 1 and
28.2 percent for Lot 3. The reason for the hard cover variance is to accommodate the existing
hard cover for the driveway serving the property to the northeast. The permissible hard cover for
Lot 1 is 4,443 square feet. The existing driveway across Lot 1 is 2,987 square feet which
represents 16.8 percent of the impervious surface on the property. This would permit an
additional 1,456 square feet of impervious surface. With the variance, Lot 1 would be permitted
a total of 5,750 square feet of hard cover, an increase of 1,307 square feet of permissible hard
cover. The permissible hard cover for Lot 3 is 4,258 square feet. The existing driveway across
Lot 3 is 1,605 square feet which represents 9.4 percent of the impervious surface on the property.
This would permit an additional 2,653 square feet of impervious surface. With the variance, Lot
3 would be permitted a total of 4,804 square feet, an increase of 546 square feet in permissible
hard cover.
Short of eliminating one lot from the development, staff is unaware of any way to permit the
subdivision of this land without granting a variance. Each lot meets or exceeds the required lot
standards for single - family residential lots. If the developer could remove the private
street/driveway access to the lot to the northeast, then there would not be a need for a hard cover
variance. However, this easement is to the benefit of that property owner and currently provides
their only means of access to their property.
The second variance request is to permit a 20 -foot front yard setback from Bretton Way for Lot
1. This variance would permit additional separation from the building to the driveway. Staff is
proposing that a minimum 10 -foot setback be required from the easement to provide sufficient
snow storage. Staff has evaluated the potential of moving the home to the east on Lot 1 and
providing access to Bretton Way. However, the house design for this property is a side - loaded
garage which has a different configuration then a front -entry garage, which does not appear to fit
on the lot without the variance either.
Planning Commission
Fretham 19`x' Addition — Planning Case 2014 -08
September 16, 2014
Page 14 of 17
Staff recommends that the Planning Commission recommend approval of the proposed
development subject to the following conditions and adoption of the attached Findings of Fact
and Recommendation:
Subdivision with setback and hardcover variances:
Building:
1. Appropriate permit(s) required for the demolition or moving of any existing structures.
2. A final grading plan and soils report must be submitted to the hispections Division before
building permits can be issued.
3. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
4. Each lot must be provided with separate sewer and water services.
En ngi eering:
The easements per Documents T15149 and T17882 must be extinguished prior to final plat
approval.
2. Prior to final plat submittal the developer shall coordinate with the gas company to verify the
location of the gas line. If the gas line is not within an existing easement the developer must
provide and dedicate the necessary easement or relocate the gas line to lie within an easement
area in accordance to CenterPoint Energy's specifications.
The drainage and utility easements on the north side of Lots 1 and 3 can be reduced to 10
feet.
4. Any portion of the gravel surface on the north side of the property that is disturbed with this
development shall be paved.
5. It is the developer's responsibility to coordinate access to the gravel surface with the affected
residents during construction.
6. The proposed retaining wall shall comply with the following:
a) A building permit is required,
b) The design shall comply with the Minnesota Department of Transportation standards for
retaining walls,
c) The drainage design for the wall shall consider the surface runoff that will sheet drain
towards the wall,
Planning Commission
Fretham 19th Addition — Planning Case 2014 -08
September 16, 2014
Page 15 of 17
d) The wall crosses over property lines and therefore it shall be built in conjunction with the
subdivision and a homeowners association must be formed to own and maintain the wall,
e) An encroachment agreement will be required before the retaining wall building permit is
issued if the retaining wall is to be installed within the platted drainage and utility
easement.
f) The developer shall ensure that the wall construction does not compromise the private
sanitary sewer service or the gas line in the area.
g) The developer shall install a barrier (fence, berm, landscaping or other barrier) between
the private gravel street and the top of the retaining wall.
7. All driveways within the development shall meet the 10% maximum driveway slope. The
developer is encouraged to consider a driveway design that many homeowners desire which
includes a landing (typically 3 %) at each end of the driveway (at the street and at the garage).
8. Sewer and water services to each of the proposed four lots were installed by the Curry Farms
2 "d Addition developer; therefore, the sewer and water lateral fees do not apply.
9. Prior to final plat approval the developer shall identify which of the four lots will receive the
City SAC and City WAC credit.
10. The remaining three lots shall be subject to the City SAC and WAC, 30% of which will be
collected with the final plat at the rate in effect at the time of final plat approval.
11. All lots are subject to the Metropolitan Council Environmental Services Sanitary Access
Charge (MCES SAC), which is paid with the building permit.
12. A portion of the private sanitary sewer service to the home located on 6281 Teton Lane will
encroach into the platted drainage and utility easement; therefore, an encroachment
agreement is required.
Natural Resources:
1. Tree protection fencing will be required at the edge of grading limits near any preserved
trees. It shall be installed prior to grading.
2. Trees required to be planted are as follows: Lot 1 — 5 trees, Lot 2 — 2 trees, Lot 3 — 4 trees,
Lot 4 — 7 trees.
Planning:
1. The developer shall perform a phase I environmental audit on the property surrounding the
commercial building prior to recording the final plat.
2. The existing buildings on the property, including sheds, house and the long building must be
demolished prior to recording of the final plat.
Planning Commission
Fretham 19"' Addition — Planning Case 2014 -08
September 16, 2014
Page 16 of 17
3. A ten -foot building setback from the access easement (Doc. No. 14111 and 14055) is
required.
4. The developer shall work with the neighboring property owners to clarify the use, permitted
users and maintenance responsibility of the easement. Specifically, the easement must assure
that the property owner for Lot 2 may access the rear of their property via this easement. The
developer shall ensure that the necessary easement is in place so that the future property
owner of Lot 2 can access the northern tip of the property. A revised easement document
shall be recorded with the plat.
Water Resources:
The applicant shall either procure a drainage and utility easement over the entirety of the
culvert or they shall install a catch basin manhole in Bretton Way just west of the driveway
for Lot 4 and tie this into the existing public storm sewer system. In either event, the
applicant shall model the conveyance choice to assure adequate capacity and provide a safe
and stable emergency overflow.
2. The applicant must provide clarification to resolve the disparate impervious surface
calculations and assure adequate volume reduction.
3. The applicant shall provide infiltration/water quality volume adequate to address the volume
reduction requirements for the runoff from all impervious surfaces in the development.
4. The applicant must provide a detail of the rain gardens which is consistent with the
recommendations and requirements of the Minnesota Stormwater Manual before final plat
approval.
5. The applicant shall provide a detailed planting schedule for the rain garden areas.
6. The applicant shall provide a hydrograph showing the duration of ponding is less than 48
hours and shall reduce the ponding depth so the bounce does not exceed MN Storm Water
Manual guidance or correct the soils and demonstrate that they are commensurate with HSG
A or B soils.
7. The side slopes into the rain gardens shall not exceed three horizontal feet for every one
vertical foot.
8. Discharge velocities into the rain gardens shall not exceed four cubic feet per second or the
applicant shall provide scour calculations and adequate energy dissipation to assure erosion
will not be an issue.
9. Pre - treatment shall be provided to minimize sediment deposition into the rain gardens.
10. Drain tile services must be provided to all properties that will flow from the back to the front
of the lot.
Planning Commission
Fretham 19'h Addition — Planning Case 2014 -08
September 16, 2014
Page 17 of 17
11. Erosion Control plan /SWPPP must include all elements required under Chapter 19 of City
Code.
12. Engineer estimate of quantities for erosion control and sediment prevention, including those
necessary for final site stabilization, shall be provided and used to calculate escrow amount.
13. A Storm Water Management Utility fee estimated to be $9,168.00 shall be paid with final
plat.
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Lakewest Development Co., LLC variance narrative.
4. Reduced Copy Fretham 19th Addition Cover Sheet.
5. Reduced Copy Fretham 19th Addition Existing Conditions.
6. Reduced Copy Fretham 19th Addition Preliminary Plat.
7. Reduced Copy Fretham 19th Addition Preliminary Grading Plan.
8. Reduced Copy Fretham 19th Addition Preliminary Storm Water Pollution Prevention Plan.
9. Reduced Copy Fretham 19th Addition Preliminary Landscape Plan.
10. Registered Land Survey No. 105C.
11. Registered Land Survey No. 28.
12. Memo from Gerald & Karon Story to Kate Aanenson and Bob Generous dated 9/3/14.
13. Sketch of More Desireable (sic) Position for House (on Lot 1) per Story.
14. Petition Dated August 30, 2014 Re: Case # 2014 -09, Fretham 19a' Addition.
15. Sheet 1 A of 2, MS, Section 1300.0180 Unsafe Buildings and Structures.
16. Sheet 2A.of 2 Dated September 3, 2014 re Owner of Hazardous Building...
17. Letter from Chuck Mayers, CenterPoint Energy, to Bob Generous Dated 9/2/14.
18. Public Hearing Notice and Mailing List.
gAplan\2014 planning cases\2014 -08 pretham 19th addition\staff report Sethant 19th.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Lakewest Development, LLC and Naomi Carlson for Subdivision approval with
variances.
On September 2, 2014, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Lakewest Development, LLC and Naomi Carlson for
preliminary plat approval of property to create four lots with variances for hard cover (32.4 % on
Lot 1 and 28.2% on Lot 2) and a 20 -foot front yard setback from Bretton Way for Lot 1. The
Planning Commission conducted a public hearing on the proposed subdivision 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 District, RSF.
2. The property is guided in the Land Use Plan for Residential Low Density use.
3. The legal description of the property is shown on the attached Exhibit A.
4. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding
them are:
a. The proposed subdivision is consistent with the zoning ordinance subject to the granting of
the variances requested in conjunction with the subdivision;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan since it provides a single - family
home at density within those established by the 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
subject to compliance with the conditions of approval;
e. The proposed subdivision will not cause significant environmental damage provided
additional storm water management is provided as recommended by staff;
f. The proposed subdivision will not conflict with easements of record subject to the vacation
of some of the existing private easements; and
g. The proposed subdivision is not premature is available or being provided as part of the
subdivision. 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. Variance Findings— Section 20 -58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The subject site is zoned Single - Family Residential District. The hard cover
variances are to permit homes compatible with the surrounding properties. The purpose
of the setback variance request is to permit a 20 -foot front yard setback to create greater
separation between the building and the existing access driveway to the property to the
northeast. The 10 -foot encroachment into the required front yard provides adequate
separation between the structure and the street and maintains the adequate separation
from the driveway for snow storage.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The practical difficulty of complying with the hard cover is the existing
driveway which accounts for 67.2 and 37.7 percent of the allowable coverage on the
respective lots. The practical difficulty of complying with the front yard setback is due to
the lot configuration of the property and the existing driveway accessing the property to
the northeast.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The stated intent of the request is for a typical single - family home on the lots.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The difficulty of complying with the hard cover and front yard setback is due to
the lot configuration of the property and the existing easement and driveway.
2
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The granting of the variance would be in keeping with the character of the area
and permit homes typical to those in the neighborhood.
£ Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
6. The planning report #2014 -08 dated September 16, 2014, prepared by Robert Generous, et al,
is incorporated herein.
The Planning Commission recommends that the City Council approve the Preliminary
Plat with variances.
ADOPTED by the Chanhassen Planning Commission this 16`h day of September, 2014.
CHANHASSEN PLANNING COMMISSION
MN
Its Chairman
EXHIBIT A
Legal Description
Parcel 1:
Tract C, Registered Land Survey No. 105, files of Registrar of Titles, Carver Count, Minnesota.
Torrens Property
Torrens Certificate No. 18584.0
Parcel 2:
Outlets C and D, Curry Farms 2nd Addition, according to the plat thereof, Carver County,
Minnesota.
Torrens Property
Torrens Certificate No. 19182.0
Parcel 3:
That Part of Tract B, Registered Land Survey No. 28, Carver County, Minnesota, described as
follows:
Commencing at the Northeast corner of said tract, thence due South along East line of said Tract
197.74 feet; thence South 88 degrees 4 minutes West 376.7 feet; thence South 1 degree 56 minutes
East, 65.33 feet to actual point of beginning of tract to be described; thence North 1 degree 56
minutes West 51.33 feet; thence South 88 degrees 4 minutes West, 101.74 feet; thence North 77
degrees 44 minutes West, 60.97 feet; thence North 67 degrees 44 minutes West, 66.07 feet; thence
North 85 degrees 14 minutes West, 35.67 feet to the West line of said tract; thence southerly along
said West line 24.71 feet to an intersection with a line bearing North 48 degrees 15 minutes West
from a point bearing North 89 degrees 19 minutes West, 190.50 feet from actual point of beginning;
thence South 15 minutes East, 92.88 feet to said point bearing North 89 degrees 19 minutes East,
190.5 feet to actual point of beginning.
Torrens Property
Torrens Certificate No. 27468.0
Parcel 4:
Tract A, Registered Land Survey No. 105, file of Registrar of Titles, Carver County, Minnesota.
rd
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227 -1300 / Fax: (952) 227 -1110
CITY OF CHANBASSEN
APPLICATION FOR DEVELOPMENT REVIEW
Date Filed: 60 -Day Review Deadline: IO \4 Planner: Case # ,AU (4 -OS
❑ Comprehensive Plan Amendment ......................... $600
❑ Minor MUSA line for failing on -site sewers..... $100
❑ Conditional Use Permit
❑ Single - Family Residence... ....... ..................... $325
❑
All Others ......................................... ........... - ... $425
❑ Interim Use Permit
❑ In conjunction with Single - Family Residence.. $325
❑ All Others .......................... ............................... $425
❑ Rezoning
❑
Planned Unit Development (PUD) ..................$750
............................... $300
❑
Minor Amendment to existing PUD .................
$100
❑
All Others .......................... ...............................
$500
❑ Sign
Plan Review .................... ...............................
$150
❑ Site Plan Review
J-ot Line Adjustment ..............
❑
Administrative ................... ...............................
$100
❑
Commercial /Industrial Districts * ......................$500
*Requires additional $450 escrow for attorney costs.
Plus $10 per 1,000 square feet of building area
applications through the
*Include number of existing employees:
development contract.
and number of new employees:
❑
Residential Districts .......... ...............................
$500
Plus $5 per dwelling unit
A_D�XITIONAL REQUIRED FEES:
LV "" Notification Sign ................... ............................... $200
—/ (City to install and remove) 4 , -it
�y Property Owners' List within 500' ........ $3 per address
(City to generate — fee determined at pre - application meeting)
❑ Escrow for Recording Documents.. $50 per document
(CUP /SPRNACNARNVAP /Metes & Bounds Subdivision)
Project Name: �_f C�A
Property Address or Location
Parcel #: u` BvQp � Legal Descriptl7 Yi
1- f� -
Total Acreage: (.51 Wetlands Present?
Present Zoning: pSI'
Present Land Use Designation: 1216<
Existing Use of Property:
Description of Proposal:
r-X.*4 r 4p,
❑ Check box if separate narrative is attached
Subdivision
❑
Create 3 lots or less .........
............................... $300
Create over 3 lots .......................$600
+ $15 per lot
❑
Metes & Bounds .........................$300
+ $50 per lot
❑
Consolidate Lots ...................
...........................$150
❑
J-ot Line Adjustment ..............
...........................$150
'Final Plat * .............................
...........................$250
*Requires additional $450 escrow for attorney costs.
Escrow will be required for other
applications through the
development contract.
❑ Vacation of Easements / Right -of- way ................... $300
(Additional recording fees may apply)
L1� Variance ................................ ............................... $200
❑ Wetland Alteration Permit
❑ Single - Family Residence ............................... $150
❑ All Others ........................ ............................... $275
❑ Zoning Appeal ....................... ............................... $100
❑ Zoning Ordinance Amendment ............................ $500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
(Refer to the appropriate Application Checklist for required submittal
information that must accompany this application)
TOTAL FEES: $ 11 2,01 " �a
Received from: LakQ -NN 6+_D1euelonmen-F LL-C-
Date Received: 16 11 Check Number: 4050,
I,TLdrs"
�/ r
® Yes Y No
Requested Zoning:
�-5r
Requested Land Use Designation: JeES-1'Ow
dy ?,
Section 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct.
Name:
Address
City /State /Zip:_
Email: be i&
Signature: ___L
AtitJ
Contact: 43vi W lY-IJU r" k
Phone: qzs v�3.21 g9
Cell: 41 2- 801. x111 y
Fax: gS ^Z �S3 me
Date: 010•lt•1`f'
PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the informatjpq and exhibits submitted are true and correct.
Name: /1 /ern i ( Q. i^ /JOn Contact:
Address: )/o T
City /State /Zip: . iv 4/ ,5 57 3/7
Phone: 95.1- 4/ 7 5/- /&74
Cell: -2 F4 -�9a L
Fax:
Date:
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, refer to the
appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and
applicable procedural requirements.
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.
PROJECT ENGINEER (if applicable)
Name: 64AtP60n/ tW4ftVeWt. 1 SL ZUicN f
Address: 1800 P1v10eZ,?e- c0C27e- GEit/(�71-
City /State /Zip: M�P� P�,a��/, /t,�j 0-3`$
Email: Mcs�rploh e'awr,a,onen� • G..H.
Contact: Mhxr•' c*mei ofj
Phone: 763 9.79. S179i
Cell:
Fax:
SCANNED
Section 4: Notification
Information
Who should receive copies of staff reports?
*Other Contact Information:
roperty Owner Via:
[]' Email
E] Mailed Paper Copy
Name:
O Applicant Via:
[� Engineer
21 mail
❑ Mailed Paper Copy
Address:
Via:
ZEmail
❑ Mailed Paper Copy
City /State /Zip:
❑ Other* Via:
❑ Email
❑ Mailed Paper Copy
Email:
SCANNED
LAKaWF_=ST
DEVELOPMENT CO., LLC
Lakewest Development is requesting two variances with the Fretham 19th Addition Preliminary Plat application:
one is to allow an impervious surface percentage over 25% on two of the proposed lots; the other is a front yard
setback variance of 10' (to allow a 20 -foot setback) on the Bretton Way side of the corner Lot 1.
We believe that the criteria for variances are met with this application.
a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the
variances are consistent with the comprehensive plan.
Single - family uses are a permitted use in this zoning district and are the intended use for this property,
according to the City's Comprehensive Plan. We are not asking for a lot size variance, as the square footage
requirement for this district is met with the proposed subdivision. We believe that single - family homes of a
certain appearance in this area are what was intended when this property was zoned and guided and when the
outlots that make up this property were created, and that our proposed development will be a welcomed change
to the neighborhood.
b. when there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties," as used in connection with the
granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
The practical difficulties for this property are the shape of the lot and the presence of an easement serving
adjacent lots. When Curry Farms 2nd Addition was platted in the early 1990's, they showed how this property
could be developed with four single - family homes (and four utility services were eventually installed along
Bretton Way to serve this property). Because of an easement from 1969 - the use of which is not described in
the easement document, although it has been and is being used for both access and a sewer line - that is still in
effect, the buildable area of the westernmost lot is reduced by between 4' and 13' for the purposes of new
drainage and utility easements and maintaining a certain required width of the access drive when it serves more
than one property on the west end. We explored the possibility of either purchasing the property to the north to
develop it in concert with this property, or to move the access to the its north side and off of this property, but
could not reach an agreement. It is likely that when the property to the north is sold and /or developed, access
for both adjacent properties to the north will come from a new public street across from Ashton Court, which
would meet the guiding principals and policies of the comprehensive plan and has been discussed as a preferred
option with staff. At that point, the sewer service extending the length of the easement could either be relocated
to the new access, or it would be within the subject property's utility easement. However, since neither of these
changes are a certainty, we are left with a narrow buildable area due to those existing conditions and
topographic challenges, and are asking for a variance to allow the new structure to be placed closer to the
Bretton Way right -of -way than is required by ordinance.
Concerning the impervious surface variance request, the practical difficulty is derived from the same easement.
As can be seen on the table of calculations on the preliminary plat sheet, the paved easement area (shown in the
"existing driveway" column) takes up fully 2/3 (67.2 %) of the allowable impervious on Lot 1, and 37.7% of the
allowable impervious on Lot 3. All of this impervious is present for an easement that benefits our property in no
way. Please keep in mind that the amount of impervious existing on site (all buildings and drives included) is
greater than what we are proposing; that the situation may be remedied in the future, as described above; and
served by the easement is far below impervious limits, and will almost certainly remain so even if those
properties are developed with 15,000 square foot lots, because of lot depth and width requirements, topography
near and setbacks from Powers Boulevard, and other challenges that would preclude placement of too much
impervious on future subdivided lots.
c. That the purpose of the variation is not based upon economic considerations alone.
The variance requests are not for economic reasons; we are developers that are selling lots to builders. Because
Chanhassen is a desirable location, and because we meet the square footage requirements that allow four lots,
we would be able to find a builder with a home design that is more vertical that what we show as the potential
homes' footprints. However, we don't believe such designs would fit with the neighborhood character, so we are
asking for these variances to allow a more typical design. Similarly, we don't think homes with tuck -under
garages - though that design appears to be rebounding to en vogue in some areas - would fit with what exists in
the neighborhood. In short, four lots and four homes are possible and will happen with or without variances,
but in order to have a newer product similar to the existing Curry Farms homes, we are asking for these
concessions.
d. The plight of the landowner is due to circumstances unique to the property not created by the landowner.
Please see the above answers pertaining to the 1969 easement.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14,
when in harmony with this Chapter.
N/A
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REGISTERED LAND SURVEY NO. 105 Ct
Carver County, Minnesota
0 Dorafes Judicial L,n,drarlk
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REGISTERED LAND SURVEY N®.,eP
CARVER COUNTY, MINNESOTA
a •" Denotes Judicial Landmark. AUGUST, 1964
" 0 ^ Denotes Iron Monument, EGAN, FIELD A N0'MAK
Bearings Shown Are Assumed. SCALE: 1" . yDo, SURVEYORS
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I hereby Certify that in accordance with In, provisions
Of Chapter 508, Minnesota Statutes of 1949, a$ amended,
I have surveyed the following described tract of land
in the County of Carver and State of Minnesota, t0wit;
Trecls A and H, Registered Land Survey No. 11, Files of
the Re9ls trar of Tl t leg, Carver County, Minnesota.
That the survey Shown hereon IS a correct delineation
\ Of said survey.
�\ Do tad this ?5 r'�doy of Qv fe -5r A. 0, 1964
A ` veyo*
Surr n,i nne -ota ' � Reg slralron N0.61
o I This Registered Land
Survey was approved and accepted by
the Town Board of the Tcwnshi of Chanhassen At a regular
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meeting thereof held this, Ijday of A.U. 11
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\ iRwn Board
\ \ This Registered Land Survey we$ approved and
A executed by the Board of Commissioners of the
\'Py \ County of Carver, State Of Minnesota, at a
\.p regular meeting thereof held chi szz_> day of
A A.D. 1964,
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Date: September 3, 2014 City Hall Meeting 11:00
To: Kate Aanenson- Director planning & Bob Generous- Senior planning
Problems to be addressed case #2014 -08 Fretham 19th Addition re: 6281 Teton road easement.
1. The position of the house on the corner of Teton lane & Bretton Way should be redesigned to have a
continuous setback of no less than 10 feet from the 14ft road easement or house should be moved
over with driveway coming off of Bretton Way, see alternative plan.( attached)
2. The 14ft road easement driveway should not be compromised or moved or excavated in any way
unless the house at 6281 is given an alternate access into the property from Powers Blvd. because the
property is landlocked from a main road. There was a road access out to Powers at one time when
Centex was building houses in the 80's and it could be utilized again to use the road access out to the
east side of the property to Powers Blvd.
3. Regarding the 10ft high retaining wall to be built alongside the road easement, property owners
request the wall be placed at least 10 ft south of the road easement for stability of the utility
easements which are already in place and include water, sewer, gas lines ,clean -outs & shut off that
run underneath & down the entire length of the road easement and which the City of Chanhassen
granted permits to have them installed. This set back is also needed for snow storage & water drainage
as well.
4. Regarding the 10 ft. retaining wall with a drop off down to the proposed 4 new lots, Owners request a
6 ft. privacy fence on top of the retaining walls for the safety of children, cars, pets and wildlife. The
privacy fence should extend all the way down to the Teton Lane entrance.
5. As dominant owners of the road easement (6281 Teton lane) we request a guarantee that an
alternative access be created for us if there is any future harassment from dividing the easement into
separate parcels instead of one.
Many neighbors have complained about the gravel driveways in place now as they wash out onto Teton lane
& Bretton Way every year. All driveways & the road easement should have black top not crushed rock which
just washes away or gets pushed away by the snow being plowed. All blacktop to be installed & paid for by
developer.
In Conclusion: The residents of Bretton Way & Teton Lane respectfully request the following petition
be put into the public record. All the surrounding tax payer home owners who have had to deal with this
hazardous building should be given the same consideration as the non - conforming buildings owner. As the
petition states before any building permits are issued or any new home construction begins. The existing
hazardous foundry building & house are to be demolished and the excavating & preparation of the entire
parcel of land including the proposed retaining wall be completed to prevent potential mudslides and damage
to neighboring properties.
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Date: August 30, 2014
Attn: Chanhassen Planning Commission & Chanhassen City Council
Re: Case# 2014 -08 Fretham 19th Addition plat review for 6397 &6411 Bretton Way
We the residents of Curry Farms, and neighbors of 6411 Bretton Way and 6397 Bretton Way,
respectfully request that before any approval of the request to divide these properties is approved, that
there be stipulations and guarantees put in place by the Chanhassen City Council to ensure the
following:
Before any building permits are issued or any new home construction begins:
1) The existing buildings located at 6411 Bretton Way and 6397 Bretton Way are demolished in a
safe and ecologically responsible manner, including proper abatement and disposal of any
potentially environmentally hazardous elements or chemicals, including but not limited to,
asbestos, vermiculite, and lead.
2) Excavating and preparation of the entire parcel of land is completed, including installation of
proposed retaining walls to ensure that the land, and especially the hill is sound for building and
to prevent potential mudslides and damage to neighboring properties.
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Date: August 30, 2014 1
Attn: Chanhassen Planning Commission & Chanhassen City Council
Re: Case# 2014 -08 Fretham 19th Addition plat review for 6397 &6411 Bretton Way
We the residents of Curry Farms, and neighbors of 6411 Bretton Way and 6397 Bretton Way,
respectfully request that before any approval of the request to divide these properties is approved, that
there be stipulations and guarantees put in place by the Chanhassen City Council to ensure the
following:
Before any building permits are issued or any new home construction begins:
1) The existing buildings located at 6411 Bretton Way and 6397 Bretton Way are demolished in a
safe and ecologically responsible manner, including proper abatement and disposal of any
potentially environmentally hazardous elements or chemicals, including but not limited to,
asbestos, vermiculite, and lead.
2) Excavating and preparation of the entire parcel of land is completed, including installation of
proposed retaining walls to ensure that the land, and especially the hill is sound for building and
to prevent potential mudslides and damage to neighboring properties.
Name
Address
Signature A
Date
OI
I /J. I � REVISOR 1300.0180
1300.0180 UNSAFE BUILDINGS OR STRUCTURES.
A building or structure regulated by the code is unsafe, for purposes of this part, if it is
structurally unsafe, not provided with adequate egress, a fire hazard, or otherwise dangerous
to human life.
Building service equipment that is regulated by the code is unsafe, for purposes
of this part, if it is a fire, electrical, or health hazard; an unsanitary condition; or
otherwise dangerous to human life. Use of a building, structure, or building service
equipment constituting a hazard to safety, health, or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is,
for the purposes of this part, an unsafe use. Parapet walls, cornices, spires, towers, tanks,
statuary, and other appendages or structural members that are supported by, attached to, or
a part of a building and that are in deteriorated condition or otherwise unable to sustain the
design loads that are specified in the code are unsafe building appendages.
The building official may order any building or portion of a building to be vacated if
continued use is dangerous to life, health, or safety of the occupants. The order shall be in
writing and state the reasons for the action.
All unsafe buildings, structures, or appendages are public nuisances and must be abated
by repair, rehabilitation, demolition, or removal according to Minnesota Statutes, sections
463.15 to 463.26.
Statutory Authority: MS s 16B.59, 16B.61; 16B.64; 326B.101; 326B.106; 326B.13
History: 27 SR 1471; L 2007 c 140 art 4 s 61; art 13 s 4
]Published Electronically: February 19, 2009
September 3, 2014
Re: Owner of hazardous building (Naomi Carlson) located at 6411 Bretton Way
has been occupying the foundry building as her residence since April, 2014. This is
against several State & City codes as per state code 1300.0180( attached) unsafe
buildings.
This building is an illegal residence.
1. No electrical in the foundry building brought up to code, no smoke
detectors or required arc- faults breakers as required by code.
2. No cooking facility
3. No bathing only a stool & sink
4. No proper venting
5. No egress windows
6. No fire doors or fire inspections
7. No inspections or permits obtained
8. Finally no Certificate of Occupancy
filargif
September 2, 2014
Bob Generous
Senior Planner
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
700 West Linden Avenue
PO Box 1165
Minneapolis, MN 55440 -1165
RE: Proposed Plat review for a four lot subdivision at 3697 and 6411 Bretton Way
Dear Mr. Generous:
With reference to the Plat review for a four lot subdivision at 3697 and 6411 Bretton Way,
CenterPoint Energy does have an existing natural gas main and service lines in that
portion of the proposed plat.
Since this gas main is an important part of the distribution system for this development we
must object to this proposed plat unless suitable easement rights are reserved to
CenterPoint Energy pursuant to MnSta 160.29 & MnRule 7819.3200.
Please reserve an easement to CenterPoint Energy, created by and within the
addresses of 3697 and 6411 Bretton Way within the proposed four lot subdivision
and filed with the Hennepin County Recorder's office.
We may consider removing our objection should the petitioner wish to reimburse
CenterPoint Energy the cost of relocating the existing gas main. To discuss this and other
options that may be available, please have the petitioner contact Andrew Balgobin,
Administrative Engineer at 612 -321 -5426.
Thank you for the advance notice and please send me a copy of the final action on this
proposed Plat.
Respectfully,
CENTERPOINT ENERGY
Chuck Mayers
Rtgf�t of-Way speeialist
pc: Andrew Balgobin, Administrative Engineer
Todd Norgren, Area Manager
Susan Sargent, Supervisor Field Operations
Gary Allison, Master Tech ADV Foreperson
Cherri Monson, Sale Associate
Travis Denzel, Engineering
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CITY OF CHANHASSEN
AFFIDAVIT 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
September 4, 2014, 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 Fretham Addition — Planning Case 2014 -08 to the persons named on attached
Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and
depositing the envelopes addressed to all such owners in the United States mail with postage
fully prepaid thereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate
records.
Subscribed and sworn to before me
this 91K day ofu— , 2014.
i
KaredJ. Engelh t t' Depu Jerk
ZPA KIM T. MEUWIS:;]
Notary P,;biio-Minn
�+ "' -,;,: `My Commissioo Ex,�res Jen
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ALEJANDRO FERRER - MACHUCA BRENT W & DIANE E FESTER BRETT K STIER
6330 TETON LN 6350 TETON LN 2211 HILLSBOROUGH RD APT 4108
CHANHASSEN, MN 55317 -7527 CHANHASSEN, MN 55317 -7527 DURHAM, NC 27705 -4164
CATHERINE J GUY CHRISTIAN S & MAUREEN CHRISTOPHER WALTER MAY
405 COUNTY RD 4 SE CONNERY 6400 TETON LN
ATWATER, MN 56209 -8301 6440 BRETTON WAY CHANHASSEN, MN 55317 -7527
CHANHASSEN, MN 55317 -7507
CHUE HER DANIEL J & PAMELA J FELLER DANIEL J & SANDRA A COUCH
6250 POWERS BLVD 6430 BRETTON WAY 1321 ASHTON CT
CHANHASSEN, MN 55317 -9434 CHANHASSEN, MN 55317 -7507 CHANHASSEN, MN 55317 -7529
ELIZABETH RENEE HILLS FRANCO C LORIS GARY A & KAREN J DOHSE
6431 BRETTON PO BOX 263 6251 TETON LN
6431 CHANHASSEN, EXCELSIOR, MN 55331 -0263 EXCELSIOR, MN 55331 -9054
CHANHASSEN, MN 55317 -7508
GARY P & LEORA F MATTILA GERALD E STORY GREGORY S & PATRICIA J BAZANY
1321 ITHILIEN 6281 TETON LN 6420 BRETTON WAY
EXCELSIOR, MN 55331 -9032 CHANHASSEN, MN 55317 -8331 CHANHASSEN, MN 55317 -7507
JAMES A SHANESY JAMES J JOHNSON JIMMY D SHADLER
6340 TETON LN 6421 BRETTON WAY 6450 BRETTON WAY
CHANHASSEN, MN 55317 -7527 CHANHASSEN, MN 55317 -7508 CHANHASSEN, MN 55317 -7507
JOHN J SAVARINATHAN JOHN W JR & SUSAN E KUNITZ KENNETH F & PATRICIA J GARVIN
6360 TETON LN 6441 BRETTON WAY 6390 TETON LN
CHANHASSEN, MN 55317 -7527 CHANHASSEN, MN 55317 -7508 CHANHASSEN, MN 55317 -7527
LAWRENCE E & KATHLEEN M LEONARD E & ANN B WARE MARCUS R & JENNIFER A ZBINDEN
6420 PO 1225 LILAC LN 6460 BRETTON WAY
6420 POWERS BLVD
CHANHASSEN, MN 55317 -9434 EXCELSIOR, MN 55331 -9053 CHANHASSEN, MN 55317 -7507
MOHAMED IBRAHIM MONICA A WIANT NAOMI RUTH CARLSON
6260 POWERS BLVD 1385 ITHILIEN 5955 CATHCART DR
CHANHASSEN, MN 55317 -9434 EXCELSIOR, MN 55331 -9032 EXCELSIOR, MN 55331 -8916
PETER B & LEAH J THORSON ROBERT L RABE SAMULE D TEUT
6370 TETON LN 6307 TETON LN 1311 ITHILIEN
CHANHASSEN, MN 55317 -7527 CHANHASSEN, MN 55317 -7528 EXCELSIOR, MN 55331 -9032
SHARON MICHELLE O'BRIEN THOMAS & MOLLY BERGFALK
6451 BRETTON WAY 6461 BRETTON WAY
CHANHASSEN, MN 55317 -7508 CHANHASSEN, MN 55317 -7508