Letter from Roger Knutson to Janet Paulsen 5-16-05
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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 .
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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