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CC Staff Report 10-13-2014CITY OF 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.2271110 Website www.ci.chanhassen.rnn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: October 13, 2014 0Q<�07 SUBJ: Fretham 19a` Addition — Preliminary plat review for a four -lot subdivision with variances for hard cover and setback Planning Case #2014 -08 PROPOSED MOTION "The Chanhassen City Council approves the preliminary plat creating four lots, approves 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 Findings of Fact. City Council approval requires a majority vote of City Council. EXECUTIVE 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 to accommodate the existing driveway easement for the properties to the north, 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. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on September 16, 2014 to review the development. The Planning Commission voted 7 — 0 on a motion recommending approval of the project. Planning Commission discussed the issue of storm water runoff from the property. The final design for the water detention areas will be prepared prior to approval of the final plat. They also discussed the issue of accessing lot 1 from Teton Lane rather than Bretton Way. There is significant elevation change on lot 1 from the northwest to southeast and locating the house with access to the west makes most sense from site grading, drainage and house location standpoints. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Fretham 19'h Addition October 13, 2014 Page 2 The Planning Commission minutes for September 16, 2014 are included in the City Council packet for October 13, 2014. RECOMMENDATION Staff recommends approval the Fretham 19th Addition preliminary plat with variances for hard cover on Lots 1 and 3 and a front yard setback variance from Bretton Way for Lot 1 subject to the conditions of the Planning Commission staff report and adoption of the Planning Commission Findings of Fact. ATTACHMENTS 1. Planning Commission Staff Report Dated 9/16/14. gAplan\2014 planning cases\2014 -08 fretham 19th addition \executive summary.doc PROPOSED 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, Inc. 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 2 of 17 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 Rl a (residential agricultural). 1970s — Precision Manufacturing Company, parts manufacturing, tool and die. Planning Commission Fretham 19th 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. � F !{ � r°xnLm 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 19th Addition — Planning Case 2014 -08 September 16, 2014 Page 4 of 17 3. Deed easement dated September 16, 1969. This easement is along the northern 14 feet of the property in favor or 6281 Teton Lane. This is not a public easement. A sanitary sewer service to 6281 Teton Lane also lies within this easement. All y++s.e+v_..aa LUUU J) if i s �� .}FVv�� •z -".•ice All y++s.e+v_..aa LUUU J) Planning Commission Fretham 19a` 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. 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. - -- I j I I I 1 I I 1 1 I I 1 T ' 1 (� 4 I EaS".., -- I i dd _. weiv. ••••.• am�i¢2cic `ki- .-:... SiL�lL'i�L"G FRkTMrL4119iMAOWl10N (pN{WEST DEVFJ.WWdIT yulelumMODI01s. Rd[MaI MV IWA 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 190' Addition —Planning Case 2014 -08 September 16, 2014 Page 6of17 II �� r' I �I I WEE rI i i -—. vnezruM arxno m w+w r 3- - i.a�wESV.�.wwwr ��avw.u.ux �^ x . 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 19d' Addition — Planning Case 2014 -08 September 16, 2014 Page 7 of 17 The oversized perimeter drainage and utility easements 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 2 "d 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 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 19' 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 does not have a drainage and utility easement and is not part of the public storm sewer ,cs r= 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 -P 1.12 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 1r - l l v � Way r + Way. This culvert U a GY, Figure 1 - Subject property existing drainage conditions private culvert and the downstream 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 19 ' Addition — Planning Case 2014 -08 September 16, 2014 Page 9of17 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. 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 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) 5,738* 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 Figure 2 - Exposed sanitary sewer within channel to requirements for the runoff from all impervious Christmas Lake downstream of site surfaces in the development. 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 pending 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 19th 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 2nd Addition improvements. 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. 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 19s' 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.) Fronta a 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 19a' 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 Inspections 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. Engineering: 1. 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 "a 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 19a' Addition — Planning Case 2014 -08 September 16, 2014 Page 16 of 17 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: 1. 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 rile services must be provided to all properties that will flow from the back to the front of the lot. Planning Commission Fretham 19a' 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 19`s 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. g1plan\2014 planning cases\2014 -08 fretham 19th addition\staff report fretham 19th.doo 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; 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. 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. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat with variances. ADOPTED by the Chanhassen Planning Commission this 16' day of September, 2014. CHANHASSEN PLANNING COMMISSION L10 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: Outlots C and D, Curry Farms 2 "a 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. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CII>ANNIIASSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227 -1300 / Fax: (952) 227 -1110 APPLICATION FOR DEVELOPMENT REVIEW Date Filed: 2 — Is —\4 60 -Day Review Deadline: IO Planner: !� ❑ 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 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others .......................... ............................... $500 ❑ Sign Plan Review .................... ............................... $150 ❑ Site Plan Review ...........................$150 ❑ Administrative ................... ............................... $100 ❑ Commercial /Industrial Districts * ...................... $500 Escrow will be required for other Plus $10 per 1,000 square feet of building area development contract. Include number of existing employees: and number of new employees: ❑ Residential Districts .......... ............................... $500 Plus $5 per dwelling unit AD ,WTIONAL REQUIRED FEES: Notification Sign ................... ............................... $200 �� (City to install and remove) L 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: Subdivision Case #; Ao 14 -OSS ❑ Create 3 lots or less ......... ............................... $300 7 Create over 3 lots .......................$600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots ................... ...........................$150 ❑ of Line Adjustment .............. ...........................$150 dFinal Plat * ............................. ...........................$250 the appropriate fee shall be charged for each application. *Requires additional $450 escrow for attorney costs. (Refer to the appropriate Application Checklist for required submittal Escrow will be required for other applications through the development contract. ❑ Vacation of Easements / Right -of- way ................... $300 (Additional recording fees may apply) L1eVariance ................................ ............................... $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: $ 112-,01 " �a Received from: La0. NA64- �e_,le 1,0 prv-er, - LL.C. Date Received: slt5 1 I Check Number: 05 Section 2: Required Information Property Address or Location: kt',, Parcel* iO& Legal DescriptionJF* :t. Total Acreage: (.5-1 Wetlands Present? Present Zoning: I _SF Present Land Use Designation: ® Yes O No Requested Zoning: �-.5r Requested Land Use Designation: fea-- -e w ❑ Check box if separate narrative is attached 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. 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: rCtwW, i/r pv"Rw!�� Contact: W jW -PoAk Address: [twy % yTe- Phone: Section 4: Notification 69 City /State /Zip: I�Itjey ,M./,f s�3`iS� Cell: GIy *0). 2-112— Email: beA A /w/� Yr(• 1! cow Fax: 9S ^z- S3 2198 Signature: Date: 09 -- -I± 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 informatpq and exhibits submitted are true and correct. Name: JO n Contact: Address: '�a ��Q7 7p� Gj�Q / Phone: 4f 7 51'/374' City /State /Zip: LL/ a ha tSc?n M4,,v 5 5-�L17 Cell: 6 -.79d L Email: Fax: Si g na ure. Date: g- y /f! 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: 6-,fM•P60n/ tNJAIe jr- J Q?ei/14e5 Address: /BOO P1olurNp c;e�-Wre_ C15�Alr -- City /state /zip: MtP� E �I.An✓� �t� S�3`� Email: �Oiin u'twr ,bn Cxe • G..rc Contact: -AhArtly, C'fmQr on) Phone: 7263 479.51711 Cell: Fax: SCANNED Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: V� roperty Owner Via: ©'Email ❑ Mailed Paper Copy Name: [� Applicant Via: FqT=mail ❑ Mailed Paper Copy Address: [� Engineer Via: Email ❑ Mailed Paper Copy City /State /Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: SCANNED LAK_aWa!E�>T 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. 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Judicial L.ndmlk Sh. t 3 0 3 Shew� 0 Dn910. 112-inch , t4 -Inch w im 60 0 60 120 —li� rebor marked by Licence No. 12043 Scale In, feet -NE of T,� SE cOrmr of Tract 8 RLS N., 28 NORTH RCS N.. 28 MOO N SoWh l9r. 74 N.rlh 323.85 204 — R.L.S. H.28✓ ---/, — % "E S 0/ °36'00 JLm z 141 d r C 194.28 O..d S 01-02 w �51.33 FN Ile f Sol, 16 Q. P 8p •'i 3 196.93 NB__%OUE B K¢ M 4 N 02"I's 1 w Main : 14Z� •1 N ft., 00 T 48 S M. 94 143.22 71 aad '10 '21-W 12L36 0' 10 2746 Westwood Surveying Company Sh. t 3 0 3 Shew� r R. REGISTERED LAND SURVEY N®.,eP CARVER COUNTY, MINNESOTA Denotes Judicial Landmark. AUGUST, 1964 " o " Denotes Iron Monument, EGAN, FIELD d NOWAK Bearings Shown Are Assumed. SCALE: 1" . 2001 SURVEYORS +CF(s /p I hereby certify that in accordance with the provisions of Chapter 508 Minnesota \ \'9 \ Stafi"as of 1949, as amended, I have surveyed the followine described fro CI of land in the County of Carver and State of Minnesota, town q Tracts A and 9, Registered Land Survey No. 11, Files of the Registrar of Ttfles, Carver County, Minnesota, 1 \ That the survey shown hereon is a correct delineation ' \ of said survey. ;�a G3 33 �; \ Dated this 25rOday of A,,e.vsr A. D. 1964 A ' Surveyor -nti nne =_ota Reg -5 1. tar ton NO. 112 I C), o I This Registered stereo Land Surve was VV Y approved and accepted by the Town Hoard of the TCWnShI of Chanhassen at a regular = I meeting thereol held this•I�jday A.U. 196 rp I xn•w'f loll 63 1iS11 I , In Town 0 rd , y ,y \ \ Ctllerk of T wn card t •. This Registered Land Survey was approved and O executed by the Board of Commissioners of the B County of Carver, State Of Minnesota, at a 1 IF \q regular meeting thereof held this-*z_s day of \'..•.cws<.e A.O. 1964. . t •f fVi�: Mil �Ef \ ba.. \\\ r�. �y N. •l1'f. e4.� it tl �t I �\ TI .14 11 \�( G;S. . Chatrma "_- rY' ak County Auaitor IE Z ��w e tT W > , t 0 ' r� c E aiS `1 a �v iu rY ltl E- !n. 3{ yo9o7 Ln u! CnLw2D !!• ay 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 191" 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. O O --------------- k it S. Lf ! - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - -- Ip 111,111#1 till pa O O --------------- k it S. Lf ! - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - q4 - - - -- Ip 111,111#1 till q4 111,111#1 till 4 Hill hi QQN Cpl LL C3 M o . m 3 � e \ � � � § k $ --------}--------- § , § ! \ ; : � | ! � � � !| z--------- - - - - -- ¥ , . |'A A ! 9 � A /■ | $ §uon �§ § ! f ,6 Z | ! � � � !| z--------- - - - - -- ¥ , . |'A A ! 9 � A /■ | $ §uon �§ § ! f \ ( § | A k \ 0 t| 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. WA rm - c `.pro .+� -�� ■'u'.i -- ��. , � .tom. �. 1��7_/_.,.�,1�!��it1,� . _, Date: August 30, 2014 Attn: Chanhassen Planning Commission & Chanhassen City Council J 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 Date c �,l I J '� 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 a #. ?!�a 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 CenterPoint. Energy 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 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 S , _e.T, a 4' pkd._ ' �RR�� •�A IF r r i A - i .t d y, fR 1 4�r ti 411 "fir! 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 day ofSel)1eM r , 2014. � _ ANT, 0 Kare,dJ. Engelh t, Depu Jerk KIM T. 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QOO.J d 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 277054164 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 O'CONNOR PO BOX 263 6251 TETON LN 6431 BRETTON WAY 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 KERBER 1225 LILAC LN 6460 BRETTON WAY 6420 POWERS BLVD EXCELSIOR, MN 55331 -9053 CHANHASSEN, MN 55317 -7507 CHANHASSEN, MN 55317 -9434 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 BERG FALK 6451 BRETTON WAY 6461 BRETTON WAY CHANHASSEN, MN 55317 -7508 CHANHASSEN, MN 55317 -7508