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PC Staff report 17-19z y � aN H ASS PROPOSED MOTION: PC DATE: January 2, 2018 CC DATE: January 22, 2018 REVIEW DEADLINE: January 22, 2018 CASE #: 2017-19 BY: BG, VS "The Chanhassen Planning Commission as the Board of Adjustment and Appeals approves a 10 - foot wetland buffer variance and a 30 -foot wetland buffer setback variance to construct a single- family home and adopts the findings of fact and decision." SUMMARY OF REQUEST: Consider variance requests including wetland buffer setback and wetland buffer width to permit the construction of a single-family home. LOCATION: 7052 Minnewashta Parkway,{ , APPLICANT: Nathan Kirt CLQ 50 Hill Street Chanhassen, MN 55317 Owner: Daryl Kirt 50 Hill Street Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 6.27 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: r ra 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 a variance to reduce the required wetland buffer width to 20 feet (50 feet required) and an 18.2 -foot wetland buffer setback (50 feet required) to construct a single- family home on a lot zoned Single -Family Residential. Planning Commission 7052 Minnewashta Parkway — Variances Planning Case 2017-19 January 2, 2018 Page 2 of 7 KINGUNarS �, ROAD ms 471.00 N 88.30!40 E CA!, ,.. Fo� _ AI' • r lr iNN�p1J1 F� .Q �° I 1 _,- 11 DRIP-LBYF— ^l '3' •. ''� I'y,`d' 411 ...,®/.xe..' m1 SWUM !lTdtCKLWl� °x 4� 00. 3.3 &STALL SILT FENCE ✓ �' I y '9.,�, of " �' a f`. f��'. q 10, ' t OQ w, EDGE CFDELINEATED WETLAND 20'WEt1AND BUFFER— Proposed 20 -foot buffer and 18.2 -foot buffer setback APPLICABLE REGULATIONS Chapter 20, Article II. Division 3. Variances Chapter 20, Article VI. Wetland Protection Chapter 20, Article VII. Shoreland Management District Chapter 20, Article XII. "RSF" Single -Family Residential District BACKGROUND On July 18, 1995, the city approved Subdivision 493-11, Oaks of Minnewashta, approving the fmal plat. As part of the development, Kings Road was upgraded from a gravel road to a public street. On May 8, 1995, the City Council approved the preliminary plat 493-11 to subdivide 35.83 acres into 38 single family lots and two outlots. Planning Commission 7052 Minnewashta Parkway — Variances Planning Case 2017-19 January 2, 2018 Page 3 of 7 In September 1990, work was abandoned at 7052 Minnewashta Parkway after the foundation was removed and the excavation filled. The permit number was 3623. On June 26, 1989, the city approved a variance (#89-7) to permit the construction of a single-family home 25 feet from the edge of a Class A wetland. SITE CONDITIONS The city has a sewer lift station located in the northeast corner of the property within a 50 -foot by 50 -feet easement. Wetland Protection There is a wetland on the property classified by the city as Outstanding, which requires a 50 -foot buffer and 50 -foot wetland buffer setback. The proposed development will not alter this wetland. However, the wetland buffer and wetland setback are not being met and a variance is required. Wetland Principal Accessory Permanent Buffer Percent of Buffer Classification Structure Structure Strip Minimum Strip in Native Setback from Setback from Width (feet) Vegetation Buffer Edge (feet) Buffer Edge (feet) Outstanding 50 50 50 100% Bluff Protection There are no bluffs on the property. Shoreland Management The property is located within a shoreland overlay district. Lake St. Joe is classified as a Natural Environmental Lake, which requires a 150 -foot building setback from the Ordinary High Water (OHW) elevation. Floodplain Overlay This property is not shown within a floodplain map. No alterations are proposed below the OHW elevation for Lake St. Joe, which is 945.2 NGVD of 1929. (Maps were prepared with elevations based on "mean Sea Level Datum of 1929." In the 1970's, the name was changed to the National Geodetic Vertical Datum (NGVD) of 1929.) Planning Commission 7052 Minnewashta Parkway — Variances Planning Case 2017-19 January 2, 2018 Page 4 of 7 ANALYSIS It is always a challenge to balance the requests of individual residents with the needs of our community and the protection and preservation of our local water resources. Staff has spent significant time over the past four months working with the applicant to prepare a recommendation staff feels best balances all three challenges. Our recommendation considers the following factors: Site History and Condition The buffer and setback recommendations are based upon current conditions. It takes into account the land use history of the site and surrounding sites. The property owner provided ample information regarding land use history of this parcel and surrounding parcels which was factored into the buffer width and setback variance recommendation. Other Agencies Any city variance must still meet the requirements of other regulatory agencies with jurisdictional authority including the DNR, Minnehaha Creek Watershed District (MCWD), and Board of Water and Soil Resources (BWSR). The city is responsible for ensuring these requirements are met and enforced. Each of these agencies have expressed concern over the development of this parcel. For example, the DNR assisted with an onsite survey to address their concerns over the accuracy over the survey that was submitted. Survey corrections were made as a result. The staff recommendation of a 40 -foot buffer and 20 -foot setback are intended to address concerns by other agencies and meet their variance requirements. Wetland Type, Health, and Function The Wetlands on this parcel are categorized as "Preserve Wetlands." These are our highest value wetlands within the city and state area. They place a critical role in the protection of local water quality, wildlife habitat, and biodiversity. Even small impacts to Preserve Wetlands can have significant impacts to the health of our water resource communities. It is difficult to impossible to replace any lost function in Preserve Wetlands. The effectiveness of wetland buffers is directly connected to their width (see MCWD research report). The city buffer requirement for Preserve Wetlands is 50 feet and MCWD base buffer width is 75 feet for Preserve Wetlands. The Lake setback (city and DNR) is 150 feet. Any variance less than the required will likely affect the function and health of this Preserve Wetland, and may have downstream impacts on Lake St Joe, and Lake Minnewashta. Planning Commission 7052 Minnewashta Parkway — Variances Planning Case 2017-19 January 2, 2018 Page 5 of 7 Community Input It is important to balance the request of an individual resident with the values of the entire community. The residents of Chanhassen have overwhelmingly placed the importance and protection of our wetlands at the highest priority level. In a survey conducted in 2016, of 2,066 selections, wetlands were identified by the second most number of respondents as being most valued within the watershed (RPBCWD). When asked what water resources were they most concerned about, wetlands were the fifth most common response. In the 2017 Summary of Public Input for the City of Chanhassen's Surface Water Management Plan one of the top five things Chanhassen residents value most are our natural qualities. Residents value clean air, being able to have clean water - for habitat, recreation, and value of clean water in and of itself - and value the many natural qualities of Chanhassen including the trees, the water, the habitat and wildlife, and the peaceful nature of the setting. Staff has looked for variances within 1,000 feet of the property, three were found including the one previously approved for this parcel. 00-09 3733 Hickory Road Brenda Blaha 93-3 3841 Red Cedar Point Dr. Kevin Clark 89-7 Kings Rd and Minnewashta Pkwy Daryl Kirt 18 -foot variance from front yard setback, six ft. variance from side yard setback and five percent variance from the impervious surface requirement Two -foot side yard setback variance 50 -foot wetland setback variance Note that the conditions of approval for variance #89-7 were: 1. Type III erosion control as shown on the site plan will be installed prior to any alteration of the site. 2. Granting of the variance provides a reasonable use of the property and it is not the intent of this Council that any further variance request would be looked upon with favor. 3. A correct survey shall be presented to the city prior to issuance of a building permit. The previous variance was approved before the importance of providing sufficient wetland buffers and building setbacks to protect the wetland ecosystem was known. Since 1989, environmental science has established the critical role in the protection of local water quality, wildlife habitat, and biodiversity. Even small impacts to Preserve Wetlands can have significant impacts to the health of our water resource communities. Staff is proposing an alternate variance for the applicant which includes a 40 foot buffer, which provides a 10 -foot variance, and a 20 -foot wetland buffer setback, which entails a 30 -foot setback variance. Planning Commission 7052 Minnewashta Parkway — Variances Planning Case 2017-19 January 2, 2018 Page 6 of 7 The proposed alternate variance would provide a building envelope that is 82 feet wide at the front and 55 feet deep. Staff has reviewed the single-family homes along Kings Road and Country Oaks Road to determine home sizes in the area. Of the 19 homes reviewed, the average dimension is 56.2 feet deep by 66.3 feet wide. The smallest house depth was 41 feet and the largest was 73 feet. The smallest house width was 49 feet and the largest was 79 feet. The proposed building envelop permitted with the alternate variance would accommodate these home dimensions. The applicants have provided building plans that are 90 feet wide by 28 feet deep, which includes a four car garage. City code only requires a two car garage. RECOMMENDATION Staff recommends that the Planning Commission approve a 10 -foot wetland buffer variance, requiring a 40 -foot wetland buffer, and a 30 -foot buffer setback variance, requiring a 20 -foot wetland buffer setback, with a 10 -foot wetland buffer setback for accessory structures subject to the following conditions: Planning Commission 7052 Minnewashta Parkway — Variances Planning Case 2017-19 January 2, 2018 Page 7 of 7 1. A complete grading, drainage and erosion control plan shall be submitted as part of the building permit application process. 2. Erosion control shall be installed outside the wetland buffer area prior to any on site construction activity. 3. The delineated wetland edge required wetland buffer and structure setbacks shall be shown on the building permit survey. 4. Wetland buffer signs shall be installed at the front building setbacks and at each turn in the wetland buffer for a total of five signs prior to any construction. 5. Any impact to the wetland buffer shall be restored to the satisfaction of the City of Chanhassen prior to the issuance of a certificate of occupancy. 6. The applicant shall obtain all required permits from review agencies with jurisdictional authority. ATTACHMENTS Findings of Fact and Decision Development Review Application Application Narrative Nathan and Brianna Kirt Dated August 10, 2017 Application Narrative Nathan and Brianna Kirt Dated August 15, 2017 Nathan and Brianna Kirt Building Plans Sheets 1 — 5 Certificate of Survey with Revised Shoreland Setback Date Stamped Nov 29, 2017 Alternate Buffer and Setback Schematic Wetland Illustration Aerial 7052 Minnewashta Parkway National Wetland Inventory City of Chanhassen GIS Aerial with Wetland Legend Email from Jennie Skancke to Jenny Potter, et al, dated December 1, 2017 Email from Jennie Skancke to MacKenzie Walters, et al, dated November 21, 2017 Public Hearing Notice and Mailing List CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Nathan Kirt for a wetland buffer and wetland buffer setback variance for the construction of a single-family home on property zoned Single -Family Residential District— Planning Case #2017-19. On January 2, 2018, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application for a 20 -foot wetland buffer and 18.2 -foot wetland buffer setback. City Code requires 50 -foot wetland buffers and 50 -foot wetland buffer setbacks. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density uses. 3. The legal description of the property is: Beginning at the Northwest corner of Section 8, Township 116, Range 23, and running thence East on the North Section line of said Section, a distance of 199 feet to a point thereon, which said point is the point of beginning of the land to be herein described; thence continuing East on said North section line, a distance of 471 feet to a point in the center of County Road #3; thence turning and running South 6 degrees 14 minutes West, along the center line of said road, a distance of 516.3 feet to a point; thence south 13 degrees 35 minutes West, a distance of 197.8 feet to a point, which is opposite the Red Cedar Point road; thence turning and running Northwesterly to a point which is 580 feet due south from the point of beginning; thence turning and running North a distance of 580 feet to the place of beginning. Lying and being in Government Lot 1, Section 8, Township 116, Range 23, Carver County, Minnesota. 4. Variance Findines — 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 proposed variance, as submitted, would encroach excessively on the wetland resource and not provide sufficient permanent buffer to adequately protect the resource. A variance to permit a reasonable development of the property with a single family home is appropriate and therefore an alternative variance is recommended. 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: Due to the one hundred foot setback requirement and the 50 foot by 50 foot easement for the sanitary lift station, the building envelop for the parcel is reduced to a 10 foot deep by 30 foot wide area, which would not permit the construction of a single- family home and two car garage. Relief from the setback requirements is appropriate. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is to allow the construction of a single-family home on property zoned for such use. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The required setbacks as well as the existing drainage and utility easements constrain the property development parameters unless relief is provided. e. The variance, if granted, will not alter the essential character of the locality. Finding: The proposed variance as amended will permit a reasonable use of the property while still sufficiently protecting the wetland resource. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This criteria does not apply. 5. The planning report #2017-19, dated January 2, 2018, prepared by Robert Generous, et al, is incorporated herein. DECISION The Board of Appeals and Adjustments determines that the requested 30 foot wetland buffer variance and 31.8 foot wetland buffer setback variance is unreasonable and not in the best interest of the city and the property owner, nor does it provide sufficient protection to the wetland and therefore approves a 10 foot wetland buffer variance allowing a 40 foot wetland buffer and a 30 foot wetland buffer setback variance allowing a 20 foot wetland buffer setback with a 10 foot accessory structure setback subject to the following conditions: 1. A complete grading, drainage and erosion control plan shall be submitted as part of the building permit application process. 2. Erosion control shall be installed outside the wetland buffer area prior to any on site construction activity. 3. The delineated wetland edge required wetland buffer and structure setbacks shall be shown on the building permit survey. 4. Wetland buffer signs shall be installed at the front building setbacks and at each turn in the wetland buffer for a total of five signs prior to any construction. 5. Any impact to the wetland buffer shall be restored to the satisfaction of the City of Chanhassen prior to the issuance of a certificate of occupancy. 6. The applicant shall obtain all required permits from review agencies with jurisdictional authority. ADOPTED by the Chanhassen Board of Appeals and Adjustments this 2nd day of January, 2018. CITY OF CHANHASSEN Andrew Aller, Chairman gAplan\2017 planning cases\17-19 7052 minnewashta parkway variance - kirt\findings of fact and decision - variance.doc COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 CITY OF CHANNASSEN APPLICATION FOR DEVELOPMENT REVIEW Submittal Data: _ �' / �1 PC Date: _ t Z /�/� ` CC Date; I ? 60 -Day Review Date: _ J�11 ZOLYN (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Subdivision (SUB) ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Create 3 lots or less ........................................$300 ❑ Create over 3 lots.......................$600 + $15 per lot ❑ Conditional Use Permit (CUP) lots) ❑ Single -Family Residence ................................ $325 ❑ Metes & Bounds (2 lots) .................................. $300 ❑ All Others .........................................................$425 ❑ Consolidate Lots .............................................. $150 LJ Interim Use Permit (IUP) El Lot Line Adjustment.........................................$150 El Final Plat El In conjunction with Single -Family Residence.. $325 ..............................................$700 (Includes $450 escrow for attorney costs)* El All Others......................................................... $425 Additional escrow may be required for other applications ❑ Rezoning (RE2) through the development contract. ❑ Planned Unit Development (PUD) .................. $750 ❑ Vacation of Easements/Right-of-way (VAC)........ $300 ❑ Minor Amendment to existing PUD ................. $100(Additional recording fees may apply) ❑ All Others......................................................... $500 Variance (VAR) .................................................... $200 ❑ Sign Plan Review ................................................... $150 ❑ Wetland Alteration Permit (WAP) ❑ Site Plan Review (SPR) ❑ Single -Family Residence.. ............................. $150 ❑ Administrative.................................................. $100 ❑ All Others....................................................... $275 ❑ Commercial/Industrial Districts*......................$500 ❑ Zoning Appeal Plus $10 per 1,000 square feet of building area: ...................................................... $100 thousand square feet) *Include EJZoning Ordinance Amendment (ZOA)................. $500 number of existing employees: Include number of new employees: ❑ Residential Districts .................................... $500 NOTE: When multiple applications are processed concurrently, Plus $5 per dwelling unit (_ units) the appropriate fee shall be charged for each application. ZNotification Sign (City to install and remove)...................................................................................................................... $200 Property Owners' List within 500' (City to generate after pre -application meeting) .................................................. $3 per address addresses) ❑ Escrow for Recording Documents (check all that apply) ......................................... ....... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation Variance Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements( easements) TOTAL FEE;OFCHANHASSFt` Description of Proposal Jri AUG 1 16 2017 CHAP!HASSrv.;-,, CHAMNAS$�a it ran nra�, r�cr-i I C Property Address or Location: Parcel Legal Description: Total Acreage: Irl Wetlands Present? &Yes ❑ No J Present Zoning: Select One k S (r' Requested Zoning: SeleetiAne / ( Present Land Use Designation: Select O Zed &A L,A/Requested Land Use Designation: -Select -One- Existing Use of Property: c,tj4 ) �' 1 + EKCheck box is separate narrative is attached. Section Property APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization proceed with the study. I certify that the information and exhibits submitted are true and correct. lto Name: K )rn� In A h Y, i l k- Contact: Address: SO N%ll 54 re-� Phone: City/State/Zip:SS3/7 Cell: 624 Email: a4e- �looice�oV �lass'cs.coH, Fax: Signature: ,�'Ze Date: 1 J�20 i7 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. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. �Name: / /�I r 1- Contact: Address: SO N711 * Phone: City/State/Zip: L 17 Cell: / - .2 `;2 - t&-2 C> Email: Fax: 0 Signature: _ Date: O1'7 This application must be completed in full 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 and fees. 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: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: O APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your =-eRllc�RM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital processing (required). SAVE FORM PRINT FORM SUBMIT FORM Thursday, August 10`h, 2017 City of Chanhassen, My family and I would like to build a family house on the land located at 7052 Minnewashta Parkway, Excelsior, MN 55331. My father purchased this property over 30 years ago. Over the years the city has altered the property which has made it a unique lot to put a house on Some of the alterations to the property were a sewer lift station, electrical boxes, holding pond, and a large culvert that flows from Lake St Joe to Lake Minnewashta. The holding pond and culvert were to be maintained by the city of Chanhassen according to the easement agreement. The Beavers have built a large dam at the culvert which has stopped the flow of water from Lake St Joe to Minnewashta. The lack of maintaining the flow of the culvert has resulted in flooding and tree loss. At one point the City of Chanhassen was caught dumping storm water waste on the property. The sewer lift station and electrical easements have taken up a lot of the buildable space on the east side of the property. All these different items have made it a challenge to build on our lot. Due to the space used and the smell of the sewer lift station we end up with the southwest corner of the house being at a 25 foot variance. This way there is room for the driveway and the house will be far enough away from the odor of the sewer lift station. This variance request is not based on expenses or for a financial reason. We also request a variance on the 150 foot OHW set back. Otherwise we will not be able to build on the lot. We want to help improve the lot through the clearing of the Buckthorn that have taken hold in the area and by planting good native trees and vegetation. We love the park, lake and other great amenities of the area and the city. Thank you for your time. Nathan & Brianna Kirt nate@hookedonclassics.com Ilan OF CHANHASSEi' 612.242.4620 IRECEIVED 50 Hill Street, Chanhassen, MN 55317 AUG 1 G 2U1 CHANHASSEN PLANNING 0FPT Tuesday, August 15", 2017 City of Chanhassen, My family and I would like to build a family house on the land located at 7052 Minnewashta Parkway, Excelsior, MN 55331. My father purchased this property over 30 years ago. Over the years the city has altered the property which has made it a unique lot to put a house on. We are very aware of the problems of the sewer lift station. We don't want to be close to it because of the odor. We are also very cautious because of the actual sewer spills like when the sewer pipe broke at our easement in May 2017 and the sewage spilled into our land. We are also very cautious being any closer to either road; Minnewashta Parkway and Kings Road. We have a young son and feel it would be unsafe to be close to the road. A good example is when the car left the road of Minnewashta Parkway and crashed into our land, damaging the tree and the water spigot. We are excited to live next to the natural buffer of Lake St Joe. We look forward to enjoying the buffers beauty and protecting it. We are outdoor people and we love the habitat it creates for the birds and animals. We look forward to living next to it and teaching our child about nature while living there. Thank you for your time. 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NATHAN AND BRIANNA KIRT O ru.�err m. wm rrna � SECTION wwomar. wtm wYGR r7 OF Ep V EE 61 � r 1 ne�b1 � � I amyore�amonna 'x r I 8Q'Q-Ir- _ _ �p�l,ylk _- W QP�� J' IIIx- i / I I Gy/ W / / A _ _ & W CV Z / _ CD .1\02 d/ / 000 VL"Sb'M-4NN/W / 0£'911 QvV�"o a BE <LY ___. 41.p, 9'.9" M.6S.6b.88•�.�—..�.� — 08.e ^i EE 61 � r 1 ne�b1 � � I amyore�amonna 'x r I 8Q'Q-Ir- _ _ �p�l,ylk _- W QP�� J' IIIx- i W / I I Gy/ W / / W W & W Z / 2 '09 / .1\02 d/ / 000 / A, d/ VPS $ I I / �I I I Im I I I o °O I I I I I I EE I I OE I I I I 1 I I I { W / Gy/ W / / a" el / 2 '09 / .1\02 d/ / 000 / A, d/ VPS / OOW9 I $ a E ❑ in m� (J LLe LL N N U W 6 z w Ow a x o 9 d d 0 0 o l g q � k k aeu m EX A S,62 {evAi 3 OCs! _ Igz I I E'e T -x ri a 6f L1> I I �I I I I I �i WI R F1 m f. Ya Ell w EE J I I 0E xx on ee 6 � ti i 0 00 "Lbs jc x a• y 0® m I a LLLLLLiI O yte vjm iL N LL X w+ o p � N V NN 'S b N qO ru gWg �h 5 d / y a 5 / Ell / W W A d// ago / `Af I/ I / 00 "Lbs jc x a• y 0® m I a �I� LLLLLLiI O yte vjm iL N LL X w+ o p � N V NN 'S b N qO ru gWg �h 5 d �I� `o q V cc w a v A r3 CO) W m 0 g_ O D m 0 3 O O O 2 R m A O r 9 J Z O cc Q co ZD J J 0 F,. + t 70 M r From: Skancke Jennie (DNR) To: Potter Jenny; Generous, Bob; uhriStooher(am' ehaharreek ora Cc: Archer, Jessica; Bender. George; Smith. Stenham ; Nutter. Don; Sinclair, 1111; Hoffman. Todd; strong Vanessa; Walters. Ma K mi ; Katherine Sylvia Subject: RE: Agency Review Request - 7052 Minnewashta Parkway - Planning Case 2017-19 Date: Friday, December 1, 2017 12:18:19 PM Attachments: 'maae006 o a image007 Dna No further comments from me on the planning documents, but I would like to see the stormwater analysis when that is ready, whether from MCWD or the City. Thanks for your patience with this, Jennie Jennie Skancke - Area Hydrologist (Scott, Dakota and Carver Counties) MnDNR 11200 Warner Road I St. Paul, MN 55106 1 T: 651-259-5790 Jennie SkanckePstat mn From: Potter, Jenny [mailto:JPotter@ci.chanhassen.mn.us] Sent: Thursday, November 30, 2017 4:21 PM To: Skancke, Jennie (DNR) <jennie.skancke@state.mn.us>; schristopher@minnehahacreek.org Cc: Archer, Jessica <JArcher@ci.chanhassen.mn.us>; Bender, George <GBender@ci.chanhassen.mn.us>; Smith, Stephanie <sbsmith@ci.chanhassen.mn.us>; Nutter, Don <DNutter@ci.chanhassen.mn.us>; Sinclair, Jill <jsinclair@ci.chanhassen.mn.us>; Hoffman, Todd <thoffman@ci.chanhassen.mn.us>; Strong, Vanessa <VStrong@ci.chanhassen.mn.us>; Generous, Bob <bgenerous@ci.chanhassen.mn.us>; Walters, MacKenzie <MWalters@ci.chanhassen.mn.us> Subject: RE: Agency Review Request - 7052 Minnewashta Parkway - Planning Case 2017-19 Please review the attached request and respond with your comments no later than the revised deadline of December 21, 2017 to: Bob Generous City of Chanhassen PO Box 147 Chanhassen, MN 55317 952.227.1131 beenerousiSci.chanhassen,mmus Attached is the new survey and there is no longer a shoreland setback variance. Thank you, Jenny Potter Senior Administrative Support Specialist CITY OF From: skancke ]enne(DNR) To: Walt r& Ma K n i; Generous, Bob Cc: Strom. Vanessa; petrik. Daniel (DNR) Subject: RE: Agency Review Request - 7052 Minnewashta Parkway - Planning Case 2017-19 Date: Tuesday, November 21, 2017 9:07:32 AM Attachments: 1maae006.Dno imaoe007.nna Bob, I received a call from Mr. Kirt today. I am happy to assist the City in this matter, I am here to support the City in the administration of your shoreland ordinance. I'd appreciate it if you would keep me in the loop on the City's approach to this and you might want to copy me on correspondence with landowners as needed so that I understand what the City is asking. Have you instructed Mr. Kirt that he's in need of a supplemental survey? Will this still be heard in front of your upcoming Planning Commission? Thank you, Jennie Jennie Skancke -Area Hydrologist (Scott, Dakota and Carver Counties) MnDNR 11200 Warner Road I St. Paul, MN 55106 1 T: 651-259-5790 Jennie 5kaockeCa)state mn s From: Skancke, Jennie (DNR) Sent: Thursday, November 16, 2017 1:57 PM To: Walters, MacKenzie <MWalters@ci.chanhassen.mn.us> Cc: Archer, Jessica <JArcher@ci.chanhassen.mn.us>; Bender, George <GBender@ci.chanhassen.mn.us>; Smith, Stephanie <sbsmith@ci.chanhassen.mn.us>; Sinclair, Jill <jsinclair@ci.chanhassen.mn.us>; Hoffman, Todd <thoffman@ci.chanhassen.mn.us>; Strong, Vanessa<VStrong@ci.chanhassen.mn.us>;'kaanenson@ci.chanhassen.mn.us' <kaanenson@ci.chanhassen.mn.us>; Katherine Sylvia <ksylvia@minnehahacreek.org>; Petrik, Daniel (DNR) <daniel.petrik@state. mn.us>; Daniels, Jeanne M (DNR) <jeanne.daniels@state. mn.us> Subject: RE: Agency Review Request - 7052 Minnewashta Parkway - Planning Case 2017-19 Hello, I've been reviewing this parcel's history in my permit file along with our OHW determination from 1984. 1 also made a field visit to the site on 11/15 to view the conditions on the ground. I do support the delineated wetland boundary. With regards to the OHW, I have reason to believe that the extent of the public waters is more in keeping with the attached marked aerial imagery. The public waters inventory GIS layer is not intended to be an indication of the boundary extent or OHW of public waters. The extent of public waters is determined by real surveyed elevations on the ground. As far as I can tell, the survey provided with the variance request has elevations at the delineated wetland boundary that appear to be at least a foot higher than a small open water stream -like feature that is adjacent to the wetland boundary (see attached photo). I believe that this stream -like feature may also be part of the public waters extent of the basin. Further, the 1984 OH W survey indicates that the wetland fringe, at least at that time, was within DNR jurisdiction. I am aware that the outlets from Lake St. Joe to Minnewashta have changed since our OHW survey and the OHW elevation may have changed slightly. When we don't have an actual elevation determined, we use extent of open water or furthest extent of cattails, whichever is further, which is what leads me to believe that the open water, which extends nearly to the delineated wetland boundary, is also the DNR jurisdictional extent. As you likely understand, structure setbacks should be measured from the actual OHW on the landscape, not an estimated boundary from a lidar contour. This area is highly variable and lidar is not accurate enough for these purposes. I believe that actual surveyed elevations at the low point within the open water channel area could determine where the OHW lies. DNR frequently asks that contours on a survey follow surveyed elevations when landowners aim to keep work above the OHW. I've marked on the attached aerial imagery, in black, the location that I believe is the minimum extent of hydrologic connection, though it could extend all the way back to the wetland boundary. In conclusion, I don't believe the survey provided by the landowner accurately shows the OHW and setback. It would be upon the applicant to demonstrate otherwise with real surveyed elevations throughout the area. I also worry about potential erosion issues that could result if the house were raised up so that it met floodplain requirements, but is located so near the wetland fringe of Lake St. Joe. However, with the information provided I couldn't fully determine how steep the final slopes would be around the home. Please call or reply to my email if you have additional questions. Best, Jennie Jennie Skancke - Area Hydrologist (Scott, Dakota and Carver Counties) MnDNR 11200 Warner Road ] St. Paul, MN 55106 1 T: 651-259-5790 Jennie SkanckePs ata mn From: Potter, Jenny [ma 1Q7JPOtterpci chanbao.mn.us] Sent: Wednesday, November 08, 201711:18 AM To: Skancke, Jennie (DNR) <j nni .skan k (@stat mn >; schris gher(@minnehahacr k org Cc: Archer, Jessica <JArcher(a ci.chanhassen.mn us>; Bender, George <GBender(@ci chanhass n mn s>; Smith, Stephanie <sbsmithPci chanhassen mn us>; Nutter, Don <DNutter@ i hanhessan mn d>; Sinclair, Jill <isinclair(@ci chanhassen mn a >; Hoffman, Todd <thoffmanna i hanha n mn >; Strong, Vanessa <VStrong(@ci chanhassen mn tis>; Walters, MacKenzie <MWaltersPci chanhassen mn us>; Generous, Bob <beenerousfcaci.chanhassen mn us> Subject: Agency Review Request - 7052 Minnewashta Parkway - Planning Case 2017-19 Development Plan Review Agencies: Please review the attached request and respond with your comments (if any) no later than November 21, 2017 to: MacKenzie Walters City of Chanhassen PO Box 147 Chanhassen, MN 55317 952-227-1132 mwalters(@ci chanhassen mn us Replies to this email will be automatically copied to MacKenzie. You can view the project web page that includes a link to the project documents HERE and then clicking on Project Documents under the Related Resources header. Thank you. Jenny Potter Senior Administrative Support Specialist CITY OF CHANHASSEN PH. 952.227.1106 FX. 952.227.1110 www.ci.chanhassen.mn.us :XV1 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on December 21, 2017, 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 hearing to consider variances including front yard setback, wetland buffer setback, and wetland buffer width for property located at 7052 Minnewashta Parkway and zoned Single Family Residential (RSF) Applicant: Nathan Kirt Owner: Daryl Kirt 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 —4 day of IX:e bi,, , 2017. 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