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Letter from Roger Knutson to Janet Paulsen 5-16-05 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokr John F. Kelly Soren M. Mattick Brendan J. Flaherty Marguerite M. McCarron Gina M. Brandt ~ Also Licensed in Wisconsin 1380 Corporate Center Curve Suite 317 . Eagan,MN55121 651-452-5000 Fax 651-452-5550 www.ck-law.com Mu-l-~MM C L. CAMPBELL KNUTSON Professional Association *** Direct Dial: (651) 234-6215 E-mail Address:rknutson@1:k-law.com May 16,2005 MOOftO MAY l' 8 2005 CITY OfCHANHASSEN Ms. Janet Paulsen 7305 Laredo Drive Chanhassen, MN 55317 RE: LAKE HARRISON DEVELOPMENT Dear Ms. Paulsen: Mayor Furlong has asked me to respond to your May 9,2005 e-mail to the Mayor and City Council concerning the Lake Harrison development. The eight issues raised in your e-mail and the City's responses follow: ISSUE NO.1 The Planning Commission report stated the OHW was not available for 1 to 2 months. The OHW for Lake Harrison is listed as 945.2 elevation in chapter 20-479(c)(1). Response: The City Code has the wrong elevation cited for Lake Harrison. In reviewing the development, staff was informed that the DNR had not established an OHW for Lake Harrison. The DNR sent their staff out to determine this elevation in May 2005. The DNR has established the correct elevation as 993.6. ISSUE NO.2 The private street requires a fire marshal to grant approval and give a safety report (this is missing), chapter 18-57. Response: Section 18-57(0)(3)(1) provides that private streets shall "provide a turnaround area acceptable to the Fire Marshal. . . ." The street was reviewed and approved by the Fire Marshal. ISSUE NO.3 The private street is not a driveway, chapter 1, driveway definition. Response: City Code Section 1-2 defines a private street as follows: "Street, private means a street serving as vehicular access to two or more parcels of land which is not dedicated to the public but is owned by one or more private parties." City Code Section 1-2 defines a driveway as follows: "Driveway means a private access from a street to an individual lot." Ms. Janet Paulsen May 16, 2005 Page 2 The segment serving Lots 11 and 12, Block 1 is a "private street." The segment only serving Lot 12, Block 1 is a driveway because it does not serve "two or more parcels." ISSUE NO.4 The private street must have a 30-foot right-of-way, chapter 18-57. Response: Agreed, it does have a 30 foot right-of-way. As mentioned in the response to Issue No.3, the segment serving only Lot 12 is not a private street and therefore does not require a 30 foot right-of-way. ISSUE NO.5 The property is classified as shore land and as such is subject to shoreland rules, Chapter 1. Response: Agreed, Section 1-2 of the City Code defines shore land as "land located within the following distances from public waters: 1,000 feet from the ordinary high water level ofa lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner." ISSUE NO.6. A private street is a "street not classified" according to the DNR (confirmed in a letter from John L. Stine, June 20, 2000). Because the private street is in shoreland and is a "street not classified," it must be setback 20 feet from structures, chapter 20-481. A utility pole is a structure, a retaining wall is a structure, and a house is a structure, chapter 1 structure definition. Therefore, three variances are required for these conditions. Response: There is a well recognized rule of statutory construction that a statute is presumed not to intend an absurd result. The term "structure" in this context must be interpreted with that rule in mind. The retaining wall is a necessary part of the street construction and utility poles are normally found in the right-of-way of streets. The City has never required variances for these situations which are common place throughout the City. ISSUE NO.7 All lots accessed by a private street must have front lot lines facing the public street, chapter 20-615. And all RSF lots require a 30-foot front yard setback. This is lacking in Lot 11, Block 1, and requires a variance. Response: City Code Section 20-6I5(7)(a) states: The setbacks for lots served by private streets and/or neck lots are as follows: For front yard, 30 feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot Ms. Janet Paulsen May 16, 2005 Page 3 lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a 100-foot minimum width. The north property lines of Lots 11 and 12, Block 1 are the front lot line. A variance is not required, however, there is adequate buildable area without a variance. ISSUE NO.8 The variances for a 5-foot front yard setback for Block 2 do not meet all conditions for a variance. Response: The City Council and Planning Commission determined that the criteria for a variance were met. There is a certain amount of judgment or discretion involved in determining whether the conditions were met, but it was well within the discretion of the decision maker to make that determination. Regards, CAMPBELL KNUTSON P1(6fe;;;onal Associ . ~::::...::==:;--==:::-::::.:::::::.=---=--==- Roger N. Knutson Chanhassen City Attorney RNK:srn cc: Mayor and Councilmembers Todd Gerhardt, City Manager Kate Aanenson, Community Development Director Bob Generous, Senior Planner