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CC Minutes 12-08-2014Chanhassen City Council – December 8, 2014 Councilman Laufenburger: Just a thank you. Thanks for delivering Santa on time on Saturday night at the tree lighting. Chief Don Johnson: You bet. Councilman Laufenburger: Appreciate your help with that. Chief Don Johnson: No problem. Todd Gerhardt: I think Santa grew from last year. I meant taller. PUBLIC HEARING: METES & BOUNDS SUBDIVISION REQUEST TO DIVIDE A 2.57 ACRE PARCEL INTO TWO (2) LOTS OF 41,301 AND 70,706 SQUARE FEET, 2631 FOREST AVENUE, KENNETH AND BETTY LANG. Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated this is a metes and bounds subdivision which you’re aware, we had one at the last meeting that can go directly to the City Council if both lots meet the minimum requirements. So again the applicants are Kenneth and Betty Lang. The history on this property located on 2631 Forest Avenue, just south of Highway 7. West of the commercial center that you approved under consent there at 7 and 41. Access can also go down to Herman Field so Forest Avenue is here. You can see on this part of it this is what goes down to the park. It has a lengthy history. The subdivision was actually Minnewashta Park was actually platted in 1887. One of the older areas in town and the house was constructed, the existing house on the site was constructed in 1975. There was access that has been vacated in this area. Part of Oriole coming down to Herman Park. There was an access. There’s wetlands going across that were vacated and part of the history of that in 1991. So there’s two requests then for tonight. For Parcel A, or excuse me. The request is for the metes and bounds to create two lots. Both lots are in well excess of the minimum 15,000 square feet. The most challenging thing on this site is some of the topography and the wetlands but both lots have access onto a public frontage and meet the minimum requirements. So the subdivision itself lays out where the existing home here and then this home will be subdivided. The lot will be subdivided north to south and again a lot of that has to do with the existing drainage pattern. There’s drainage through the property here and then some of the steep slopes. There’s easements that will be required to get the sewer and water from the northern Parcel A to the southern Parcel B and also some of the challenges on this would be the driveway grades. You have to maintain less than 10 percent so that, I’ll explain that a little bit more in the next slide but the other issue then that we have a condition on of when the home is sited that they do provide the building inspection department a soils report of exactly how the house is going to sit on there. What the ordinance requires that they show a 60 by 60 pad, which they’ve demonstrated so again the driveway will come in here because we don’t know exactly how the house will sit on that lot. What the shape of that house will be. We’ll get the soils report with the building permit. Again as I indicated the driveway is, you know cannot exceed 10 percent so that’s why the house is set back a little bit further. I know that there was some concern about the proximity. This is actually treated as a side yard so it would be, could go as close as 10. They’re about 30-35 feet from that side property line. There’s no variances with this so it meets all the conditions of the 11 Chanhassen City Council – December 8, 2014 staff report so the staff is recommending approval. There is a resolution attached in there as included in the motion and I’d be happy to answer any questions that you may have. Mayor Furlong: Thank you. Questions for Ms. Aanenson. Just a clarifying question. We talk about metes and bounds subdivision to create two lots. Just to be clear there are, there’s currently one lot. After this there will be two. Kate Aanenson: Correct. Mayor Furlong: It’s not, we’re not creating two new in addition to the house. Kate Aanenson: That’s correct. A total of one additional lot to make up the two lots. Mayor Furlong: Two total, thank you. Kate Aanenson: Yeah. Mayor Furlong: Any other questions for Ms. Aanenson at this time? If not we’ll go ahead and open up the public hearing and invite any interested party to come forward and address the council on this matter. Seeing nobody, without objection then we’ll close the public hearing. Bring it back to council for discussion and action. Kate Aanenson: Mr. Mayor I know the Lang’s are here. I don’t know if they have anything to add but they are here. Mayor Furlong: Okay. They’re certainly welcome to come forward. Kate Aanenson: I don’t know if they wanted to say anything or not but. Mayor Furlong: Okay. Thank you for letting us know. Would you like to address the council? Kate Aanenson: Sounds like they’re not interested but I just wanted you to know that they were here. Mayor Furlong: Okay, I appreciate that. Thank you. With that we’ll bring it to council. Any thoughts or comments? Councilman Laufenburger. Councilman Laufenburger: Yeah, thank you. Ms. Aanenson can you just clarify, the subdivision does require the placement of a, like a pad or where a house could be built. Kate Aanenson: Right. Councilman Laufenburger: Is that the only place on this whole place, on this whole new parcel where a house can be built? 12 Chanhassen City Council – December 8, 2014 Kate Aanenson: What we’re saying is that’s the approximate area based on the drainage swale that goes through the area. Councilman Laufenburger: Yeah I see that right there in the middle. Kate Aanenson: Yeah, there’s a big drainage swale that comes through here. That was some of the, when we looked at whether or not there could be an additional lot put on the site and that’s what pushed it back. Also with steep grades and to stay under that, the driveway grades change from 4 to 10 percent so we try to average that out to not to exceed the 10 percent which is the city ordinance so that’s about the best approximate location that it can go. Councilman Laufenburger: Okay. Kate Aanenson: It’s not going to be in a square shape but approximately there, correct. Councilman Laufenburger: And then the second question, I think you answered it with, and you talked about the grade. There probably is not a likelihood that this parcel 2, is that what it’s being called? The one that. Kate Aanenson: Yeah, A and B. Councilman Laufenburger: A and B. Parcel B likely cannot be subdivided again, is that correct? Kate Aanenson: Yes. The way it’s laid out now because there’s wetlands on this southern portion in here, correct. Councilman Laufenburger: Okay. Alright. So what we’re looking at is, this is a, this is the final subdivision that could be made to this property? Kate Aanenson: I don’t want to say down in 20 years if someone wanted to come in at some time and try to fill something that might, they might try to but really this is probably the best layout for that. Councilman Laufenburger: Okay. Thank you very much. Mayor Furlong: Thank you. Other questions? Ms. Aanenson in the last metes and bounds subdivision there were issues of water and drainage with regard to neighboring properties. I don’t see anything in the conditions. Was there anything of concern with this? Kate Aanenson: No I think in talking to the Water Resources Coordinator, reviewing the drainage felt comfortable with the location. This was the best location of the house. Maintain existing drainage patterns. As you know there’s wetlands on back side of Herman Park so this would maintain existing drainage patterns. Mayor Furlong: Good, thank you. Any other questions? Comments. Seems fairly straight forward. Would somebody like to make a motion? Councilwoman Ernst. 13 Chanhassen City Council – December 8, 2014 Councilwoman Ernst: Sure. I’d like to recommend that City Council approve the resolution creating a two lot metes and bounds subdivision of Lot 30 and part of Lot 31, Minnewashta Park subject to the conditions of the staff report and adopts the Findings of Fact and Decision. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Resolution #2014-84: Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council approve the resolution creating a two lot metes and bounds subdivision of Lot 30 and part of Lot 31, Minnewashta Park subject to the following conditions and adopts the Findings of Fact and Decision: Building 1.All properties must be provided with separate sewer and water connections. Engineering 1.The standard 10-foot at front and 5-foot drainage and utility easements shall be granted around the perimeter of the parcels. 2.The owner of Parcel A must grant an easement for the water and sanitary service for Parcel B to run across Parcel A. 3.The city must grant an encroachment agreement for the water and sanitary service for Parcel B to run through the city’s drainage and utility easement on Parcel B. 4.The developer must submit a soils report to the city indicating the soil conditions, permeability and slope. If water is encountered, the lowest floor elevation of the proposed building must be three feet above the highest known groundwater elevation. 5.The existing topographic plan must show the first floor elevation of the nearby building at 6360 Forest Circle. 6.The grading plan must show drainage arrows for proposed and existing water flow. 7.Grading at the northwest corner of the proposed building shall be revised so that it is not directing water towards the structure. The grading plan shall be revised to show the elevation at the corners of the proposed building pad. 8.The grading north and west of the proposed building shall be revised so that no slope is steeper than 3:1. 14 Chanhassen City Council – December 8, 2014 9.Ten percent (10%) is the maximum driveway grade allowed in the City Code. No part of the driveway may exceed 10%. 10.Partial water and sewer hookup fees will be due at the time of recording of the lot division (deed); the remaining hook-up fees will be due with the building permit. The fees will be assessed at the rate in effect at that time. Environmental Resources Specialist 1.Tree protection fencing will be required at the edge of grading limits. It shall be installed prior to grading. Fire Marshal 1.Additional address numbers may be required at the driveway entrance if not visible on the house from the road. Park and Recreation 1.The development shall pay full park fees ($5,800.00) in force for the one new lot at the time of subdivision approval. Planning 1.Deeds for the two parcels shall be submitted to the city for review and approval and then recorded at Carver County. Water Resources Coordinator 1.A grading, drainage and erosion control plan shall be provided for review and approval consistent with Chanhassen City Code with the building permit application. 2.The applicant shall pay $11,761.20 in storm water utility connection charges prior to recording the property deed(s). 3.Prior to building permit approval, the applicant shall work with staff to determine the wetland extent on the property and design accordingly. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDER APPROVAL OF AMENDMENT TO CHAPTER 4 OF CITY CODE CONCERNING FEES. Greg Sticha: Good evening Mayor and council. On an annual basis. Mayor Furlong: Oh you’re doing it too? See I’m just new to this. Mr. Sticha, you’re going. 15