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PC Staff Report 2-5-19 - 2-5-19 PC mtg canceled - Went to PC on 2-19-19PLANNING COMMISSION STAFF REPORT Tuesday, February 5, 2019 Subject Consider a Two­Lot Subdivision with a Variance for Reduced Lot Frontage at 3800 Red Cedar Point Road Section PUBLIC HEARINGS Item No: C.1. Prepared By MacKenzie Young­Walters, Associate Planner File No: PC 2019­02 PROPOSED MOTION: “The Chanhassen Planning Commission recommends that the City Council approve the preliminary plat for a two­ lot subdivision and approve a lot frontage variance for Lot 1, Block 1, Comer Addition, as shown in plans dated December 5, 2018 subject to the conditions of approval, and adopts the Findings of Fact and Recommendation. SUMMARY OF REQUEST Preliminary plat with lot frontage variance for a two­lot single­family residential subdivision. APPLICANT Richard Comer, 3800 Red Cedar Point Road, Excelsior, MN 55331 SITE INFORMATION PRESENT ZONING:  Single Family Residential District, RSF LAND USE:Residential Low Density ACREAGE:  1.062 acres  DENSITY:  1.88 units/ac  APPLICATION REGULATIONS Chapter 1, Sec. 1­2 “Rules of construction and definitions” Chapter 18, Subdivisions Chapter 20, Article II, Division 3, “Variances” Chapter 20, Article VII, Zoning and water supply/sanitary provisions Chapter 20, Article XII, “RSF” Single Family Residential District Chapter 20, Article XIII, Division 1, Sec. 20­904 “Accessory Structures” Chapter 20, Article XIII, Division 1, Sec. 20­905 “Single­family dwellings” PLANNING COMMISSION STAFFREPORTTuesday, February 5, 2019SubjectConsider a Two­Lot Subdivision with a Variance for Reduced Lot Frontage at 3800 Red CedarPoint RoadSectionPUBLIC HEARINGS Item No: C.1.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: PC 2019­02PROPOSED MOTION:“The Chanhassen Planning Commission recommends that the City Council approve the preliminary plat for a two­lot subdivision and approve a lot frontage variance for Lot 1, Block 1, Comer Addition, as shown in plans datedDecember 5, 2018 subject to the conditions of approval, and adopts the Findings of Fact and Recommendation.SUMMARY OF REQUESTPreliminary plat with lot frontage variance for a two­lot single­family residential subdivision.APPLICANTRichard Comer, 3800 Red Cedar Point Road, Excelsior, MN 55331SITE INFORMATIONPRESENT ZONING:  Single Family Residential District, RSFLAND USE:Residential Low DensityACREAGE:  1.062 acres DENSITY:  1.88 units/ac APPLICATION REGULATIONSChapter 1, Sec. 1­2 “Rules of construction and definitions”Chapter 18, SubdivisionsChapter 20, Article II, Division 3, “Variances”Chapter 20, Article VII, Zoning and water supply/sanitary provisionsChapter 20, Article XII, “RSF” Single Family Residential District Chapter 20, Article XIII, Division 1, Sec. 20­904 “Accessory Structures” Chapter 20, Article XIII, Division 1, Sec. 20­905 “Single­family dwellings” Chapter 20, Article XXIV, Division 2, Sec. 20­1122 “Access and driveways" BACKGROUND The applicant is proposing to subdivide the existing lot to create two lots for single­family detached housing. The northern lot will have an existing non­conforming single­family home and the southern lot will be unencumbered. The applicant will request that the City Council concurrently approve the preliminary and final plat. The applicant is also requesting a variance from the Single Family Residential District’s required 90­foot minimum lot frontage. The applicant could meet the required 90­foot lot frontage for both lots using a diagonal rear lot line; however, this would result in sub­optimal lot configuration and accessing the parcel through this frontage would be impractical, as the right­of­way is unimproved. The existing home is currently accessed via a driveway easement north to Hickory Road and the applicant proposes retaining that access. The applicant is also proposing that the northern lot line be designated as the front line for Lot 1, Block 1 in order to align the lot’s orientation with its access to the public right­of­ way. Access to the proposed southern lot is provided by Red Cedar Point Road and access to the proposed northern lot is provided by a driveway easement to Hickory Road. Sewer and water are available to the site. Staff is recommending approval of the request. The full staff report is provided as an attachment. RECOMMENDATION Staff recommends that the Chanhassen Planning Commission recommend that the City Council approve the preliminary plat for a two­lot subdivision, and approves a lot frontage variance for Lot 1, Block 1, Comer Addition, as shown in plans dated December 5, 2018, subject to the conditions of approval, and adopts the Findings of Fact and Recommendation: Building : 1. Demolition permits required for the removal of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. Engineering : 1. Lot 1 shall have a 10­foot drainage and utility easement along its front lot line (northernmost lot line) prior to recording of final plat. 2. An accurate soils report indicating soil conditions, permeability, slope, and groundwater elevations shall be provided upon the submittal of grading permits. 3. The contact information for the responsible person(s) for erosion and sediment control best management practices shall be updated on the plans prior to issuance of grading permits. 4. Review and approval of the use of silt fence and bio rolls for perimeter control shall be conducted by the city prior to the issuance of grading permits. 5. Add city detail 5302B – Erosion Control for Individual Lots, to the detail sheet. 6. If the 1974 sanitary and water services stubbed off Red Cedar Point Road that will service Lot 2 are inadequate for use, they shall be abandoned in accordance with city standards and re­installed.  7. The developer of Lot 2 will be required to pay all required city WAC and SAC fees associated with service PLANNING COMMISSION STAFFREPORTTuesday, February 5, 2019SubjectConsider a Two­Lot Subdivision with a Variance for Reduced Lot Frontage at 3800 Red CedarPoint RoadSectionPUBLIC HEARINGS Item No: C.1.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: PC 2019­02PROPOSED MOTION:“The Chanhassen Planning Commission recommends that the City Council approve the preliminary plat for a two­lot subdivision and approve a lot frontage variance for Lot 1, Block 1, Comer Addition, as shown in plans datedDecember 5, 2018 subject to the conditions of approval, and adopts the Findings of Fact and Recommendation.SUMMARY OF REQUESTPreliminary plat with lot frontage variance for a two­lot single­family residential subdivision.APPLICANTRichard Comer, 3800 Red Cedar Point Road, Excelsior, MN 55331SITE INFORMATIONPRESENT ZONING:  Single Family Residential District, RSFLAND USE:Residential Low DensityACREAGE:  1.062 acres DENSITY:  1.88 units/ac APPLICATION REGULATIONSChapter 1, Sec. 1­2 “Rules of construction and definitions”Chapter 18, SubdivisionsChapter 20, Article II, Division 3, “Variances”Chapter 20, Article VII, Zoning and water supply/sanitary provisionsChapter 20, Article XII, “RSF” Single Family Residential DistrictChapter 20, Article XIII, Division 1, Sec. 20­904 “Accessory Structures”Chapter 20, Article XIII, Division 1, Sec. 20­905 “Single­family dwellings”Chapter 20, Article XXIV, Division 2, Sec. 20­1122 “Access and driveways"BACKGROUNDThe applicant is proposing to subdivide the existing lot to create two lots for single­family detached housing. Thenorthern lot will have an existing non­conforming single­family home and the southern lot will be unencumbered. Theapplicant will request that the City Council concurrently approve the preliminary and final plat.The applicant is also requesting a variance from the Single Family Residential District’s required 90­foot minimum lotfrontage. The applicant could meet the required 90­foot lot frontage for both lots using a diagonal rear lot line; however,this would result in sub­optimal lot configuration and accessing the parcel through this frontage would be impractical, asthe right­of­way is unimproved. The existing home is currently accessed via a driveway easement north to HickoryRoad and the applicant proposes retaining that access. The applicant is also proposing that the northern lot line bedesignated as the front line for Lot 1, Block 1 in order to align the lot’s orientation with its access to the public right­of­way.Access to the proposed southern lot is provided by Red Cedar Point Road and access to the proposed northern lot isprovided by a driveway easement to Hickory Road. Sewer and water are available to the site. Staff is recommendingapproval of the request.The full staff report is provided as an attachment.RECOMMENDATIONStaff recommends that the Chanhassen Planning Commission recommend that the City Council approve the preliminaryplat for a two­lot subdivision, and approves a lot frontage variance for Lot 1, Block 1, Comer Addition, as shown inplans dated December 5, 2018, subject to the conditions of approval, and adopts the Findings of Fact andRecommendation:Building :1. Demolition permits required for the removal of any existing structures.2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued.Engineering :1. Lot 1 shall have a 10­foot drainage and utility easement along its front lot line (northernmost lot line) prior torecording of final plat.2. An accurate soils report indicating soil conditions, permeability, slope, and groundwater elevations shall beprovided upon the submittal of grading permits.3. The contact information for the responsible person(s) for erosion and sediment control best managementpractices shall be updated on the plans prior to issuance of grading permits.4. Review and approval of the use of silt fence and bio rolls for perimeter control shall be conducted by the cityprior to the issuance of grading permits.5. Add city detail 5302B – Erosion Control for Individual Lots, to the detail sheet.6. If the 1974 sanitary and water services stubbed off Red Cedar Point Road that will service Lot 2 are inadequatefor use, they shall be abandoned in accordance with city standards and re­installed.  7. The developer of Lot 2 will be required to pay all required city WAC and SAC fees associated with service connections for the rate in force at the time of building permit application. Environmental Resources: 1. Any trees removed in excess of what is shown on the grading plan dated 12/5/18 will be required to be replaced at a ratio of 2:1 diameter inches. Additionally, a birch and maple on Lot 1 are not shown on the tree inventory, but are larger than the 10” dbh minimum for the inventory. They will be preserved on Lot 1.  2. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion.  Fire Department: 1. The home on Lot 1, Block 1 must be addressed off of Hickory Road. Parks: 1. Park dedication fees shall be paid for one lot at the rate in force at the time of final plat approval.  Planning : 1. An escrow of 110 percent (110%) of the estimated removal cost for the concrete pad on the interior lot line between Lot 1 and Lot 2 must be received, and the concrete pad removed within four months of the approval of the final plat. Water Resources: 1. All permits and approvals must be received from other regulatory agencies prior to issuing permits. 2. The applicant shall pay the SWMP fee for 1.06 acres at the rate in force at the time of final plat approval. Should the Planning Commission recommend denial of the preliminary and variance request, it is recommended that the Planning Commission adopt the following motion: “The Chanhassen Planning Commission recommends that the Chanhassen City Council deny the preliminary plat for a two­lot subdivision with a lot frontage variance for Lot 1, Block 1, Comer Addition, and adopt the attached Findings of Facts and Recommendation.” ATTACHMENTS: Staff Report Comer Addition Findings of Fact (Approval) Findings of Fact (Denial) Application for Development Review Affidavit of Mailing Subdivision and Final Plat Narrative Plat Documents Park Memo Landscaping and Tree Preservation Memo Variance Document CITY OF CHANHASSEN PC DATE: February 5, 2019 CC DATE: February 25, 2019 REVIEW DEADLINE: March 5, 2019 CASE #: 2019-02 BY: MW, SJ, EH SUMMARY OF REQUEST: Preliminary plat with variance for a 2 lot single-family residential subdivision. LOCATION: 3800 Red Cedar Point Road OWNER AND APPLICANT: Richard Comer 3800 Red Cedar Point Road Excelsior, MN 55331 PRESENT ZONING: Single Family Residential District, RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: Gross: 1.062 acres DENSITY: Gross: 1.88 units/ac Net: 1.062 acres Net: 1.88 units/ac 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. 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 code 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. PROPOSED MOTION: “The Chanhassen Planning Commission recommend that the City Council approve the preliminary plat for a two-lot subdivision and approves a lot frontage variance for Lot 1, Block 1, Comer Addition as shown in plans dated December 5, 2018 subject to the conditions of approval and adopts the findings of fact and recommendation.” (Note: A motion for denial and appropriate findings of fact are also included at the end of the report.) 3800 Red Cedar Point Road February 5, 2019 Page 2 PROPOSAL/SUMMARY The applicant is proposing to subdivide the existing lot to create two lots for single-family detached housing. The northern lot will have an existing non-conforming single-family home and the southern lot will be unencumbered. The applicant will request that the City Council concurrently approve the preliminary and final plat. The applicant is also requesting a variance from the Single Family Residential District’s required 90-foot minimum lot frontage. The applicant could meet the required 90-foot lot frontage for both lots using a diagonal rear lot line; however, this would result in sub-optimal lot configuration and accessing the parcel through this frontage would be impractical, as the right- of-way is unimproved. The existing home is currently accessed via a driveway easement north to Hickory Road and the applicant proposes retaining that access. The applicant is also proposing that the northern lot line be designated as the front line for Lot 1, Block 1 in order to align the lot’s orientation with its access to the public right-of-way. Access to the proposed southern lot is provided by Red Cedar Point Road and access to the proposed northern lot is provided by a driveway easement to Hickory Road. Sewer and water are available to the site. Staff is recommending approval of the request. APPLICABLE REGULATIONS Chapter 1, Sec. 1-2 “Rules of construction and definitions” Chapter 18, Subdivisions Chapter 20, Article II, Division 3, “Variances” Chapter 20, Article VII, Zoning and water supply/sanitary provisions Chapter 20, Article XII, “RSF” Single Family Residential District Chapter 20, Article XIII, Division 1, Sec. 20-904 “Accessory Structures” Chapter 20, Article XIII, Division 1, Sec. 20-905 “Single-family dwellings” Chapter 20, Article XXIV, Division 2, Sec. 20-1122 “Access and driveways” BACKGROUND Site Constraints The existing house was built in 1928. The house is nonconforming due to the lack of a two-car garage and failure to meet the east lot line’s 30-foot front yard setback. The high point on the property is at the south most edge near Red Cedar Point Road with an elevation of 973. The low point on the property is along the north lot line with an elevation of 949.6. The existing lot has 148.2 feet of frontage along Red Cedar Point Road, 235.71 feet of frontage along Kirkham Road (platted only), and a lot area of 46,279 square feet. 3800 Red Cedar Point Road February 5, 2019 Page 3 The site has a net canopy coverage of 54% percent. This site is located within Lake Minnewashta and Lake St. Joe’s shoreland management districts. No wetlands appear to be present on the site. COMPREHENSIVE PLAN This area has land use classification of Residential Low Density in the city’s 2030 Comprehensive Plan. This classification requires net densities of between 1.2 – 4.0 units per acre. The applicant’s proposal has a net density of 1.88 units/acre, which is consistent with the area’s land use plan. ZONING ORDINANCE The property is currently zoned Single Family Residential (RSF) District, and the applicant is not requesting a change to the parcel’s zoning. The proposed subdivision would require a variance from the zoning ordinance’s minimum lot frontage. VARIANCE Sec. 18-60(a) of the subdivision ordinance requires that lots abut their full minimum frontage on a public or private street as required by the zoning ordinance and Sec. 20-615(2) of the zoning ordinance requires that properties zoned RSF have a minimum of 90 feet of lot frontage. The City Code defines the front lot line as the lot line separating a lot from a roadway right-of-way and further defines roadway as the improved portion of the right- of-way. This means that Lot 1, Block 1’s east lot line is the front lot line because it has only 12 feet of the 90 feet of required frontage along Hickory Road. The east lot line also has 35 feet of frontage along Kirkham Road; however, since Kirkham Road is not improved it does not 3800 Red Cedar Point Road February 5, 2019 Page 4 meet the City’s definition of a street. Finally, with the east lot line as the front lot line, Lot 1, Block 1 does not meet the 125-foot minimum lot depth required by Sec. 20-615(3) for an RSF lot since its average depth would be only 117.2 feet. The applicant has demonstrated that the subdivision could meet the lot frontage requirements of Sec. 20-615 using a diagonal lot line as shown in Concept B, though an 8-foot lot depth variance would still be required. This configuration is not preferred because it would require either the dedication of additional right-of-way and construction of Kirkham Road, resulting in approximately 5,640 square feet of impervious surface that the City would be obligated to maintain, or the construction of a private street resulting in approximately 4,700 square feet of impervious surface. A second alternative is that the applicant could also utilize a flag lot configuration to provide both parcels with access via Red Cedar Point Road. A flag lot would meet all of the requirements of Sec. 20-615, though it would require a variance for the use of flag lots as provided in Sec. 18- 57(r). This configuration is not preferred because it would result in the creation of at least 1,250 square feet of additional impervious surface within the shoreland management district. The applicant is instead proposing that the city recognize the parcel’s existing north-south orientation and the fact that access to Lot 1, Block 1 will be provided by the driveway easement to Hickory Road by designating the property’s north lot line as the front lot line. This designation would create a parcel with a minimum lot width of 108 feet, a minimum lot depth of 197 feet, and a total lot area of 23,239 square feet, significantly over the RSF district’s required 90 foot lot width, 125 foot lot depth, and 15,000 square foot minimum lot size. This approach would require a variance from Sec. 18-60(a)’s requirement that the lot abut its full frontage along a public or private street and a variance from Sec. 20-615(2)’s minimum lot frontage requirement, as the parcel would not have 90 feet of lot frontage. 3800 Red Cedar Point Road February 5, 2019 Page 5 Front Lot Line The City Code defines the front lot line as the lot line separating a lot from a roadway right-of-way. The lot line that separates Lot 1, Block 1 from a roadway right-of- way is the east lot line. In its current, pre-subdivision, configuration, 3800 Red Cedar Point Road’s front lot line is the south lot line; however, access to the home is provided by a private driveway easement to Hickory Road to the north. The applicant is proposing to maintain this northern access for Lot 1, Block 1 and have Lot 2, Block 1 access Red Cedar Point Road. The graphic to the right shows the surrounding properties’ directions of access, indicated by black arrows, as well as the applicant’s proposed directions of access, indicated by blue arrows. The applicant is requesting that the City designate Lot 1, Block 1’s north lot line as the front lot line in recognition of the parcel’s existing and proposed street access, orientation, and the general orientation of the surrounding parcels. The city may as part of a variance request designate appropriate house pad configurations. In this case the proposed designation of the north lot line as the front lot line will create a more typically sized building pad than the relatively narrow 48- foot wide building pad that would be allowed by applying the front and rear yard setbacks to the east and west lot lines. The proposed front lot line is not expected to negatively impact the surrounding properties as it represents a continuation of the existing conditions on the property. Due to the general orientation of lot and surrounding properties, proposed street access, and placement of the existing home, staff supports designating the north lot line as the front lot line. Sec. 18-60(a) The intent of Sec. 18-60(a) is to prevent the creation of landlocked lots by ensuring that all lots in the city have access to a street. It provides three mechanisms for this: 1) the lot can have the required frontage on a public street; 2) the lot can be accessed by a private street; or, 3) the lot can be a flag lot. The proposed subdivision is atypical in that the parcel has an existing street access that does not fall into one of the aforementioned categories. The parcel has a private driveway easement over the vacated portion of Kirkham Road that provides access to the existing house and will remain in effect after the parcel is subdivided. This private driveway easement is not technically a private street, but serves the same practical function by 3800 Red Cedar Point Road February 5, 2019 Page 6 guaranteeing Lot 1, Block 1’s access to the public road system. Since access to Lot 2, Block 1 would be provided by Red Cedar Point Road, the proposed subdivision would not increase the nonconforming nature of the parcel’s access. As has been noted earlier in this report, the applicant could theoretically utilize any of the three mechanisms provided by the city’s ordinance to access Lot 1, Block 1; however, all of these configurations would involve the creation of unnecessary impervious surface within the shoreland management district. Due to the importance of limiting the amount of impervious surface near the city’s aquatic resources and the fact that there is an existing access, staff supports granting a variance from the referenced lot frontage requirement. Sec. 20-615(2) The intent of the zoning code’s minimum yard width requirement is to ensure that lots can accommodate a house and two-car garage while meeting the district’s 10-foot side yard setbacks and to provide for adequate spacing between residential driveways. While the proposed Lot 1, Block 1 would not have 90 feet of lot frontage, its shortest lot line is 108.85 feet long, which is well in excess of the district’s 90-foot minimum. The proposed Lot 1, Block 1 has an existing non-conforming house and, if the house were retained, would have sufficient available lot cover and space within the lot’s buildable area to add a garage. In the more likely scenario where the house is replaced, the City Code provides guidelines for an assumed building footprint. Sec. 18-60(j) of the subdivision ordinance stipulates that a 60-foot by 60-foot building pad should be assumed when house plans are not known. Both of the proposed lots can easily accommodate the assumed building pads. 3800 Red Cedar Point Road February 5, 2019 Page 7 Regarding the spacing of residential driveways, the lack of 90 feet of lot frontage will not change residential driveway spacing within the neighborhood as Lot 1, Block 1 will continue to utilize the driveway it shares with 3737 Hickory Road. It should also be noted that many of the properties fronting Hickory Road do not have the required 90 feet of lot frontage so granting Lot 1, Block 1 a lot frontage variance will not materially alter the character of the neighborhood. The applicant could theoretically meet the lot frontage requirements, but all of those configurations require the creation of additional impervious surface within the shoreland management district. Since both of the proposed lots would exceed the RSF district’s minimum lot width, depth, and area and the proposed access for Lot 1, Block 1 maintains the existing configuration of the neighborhood, waiving Lot 1’s lot frontage requirement would not be expected to impact neighboring properties. Given that the proposed configuration of Lot 1, Block 1 would essentially maintain the existing conditions along Hickory Road and that the proposed lot dimensions can accommodate a the 60- foot by 60-foot building pad required by the subdivision ordinance, staff supports granting a variance from Sec. 20-615’s lot frontage requirements. PRELIMINARY PLAT SITE CONSTRAINTS Existing Home The property has an existing home that was built in 1928, and does not meet the zoning code’s corner lot setback or two-car garage requirement. Given the age and condition of the home, it is likely that the house will be demolished and replaced; however, it could be refurbished. In either scenario, the 3800 Red Cedar Point Road February 5, 2019 Page 8 subdivision of the property would not increase the existing non-conformity of the house and any improvements would need to comply with the relevant sections of the City Code. Concrete Pad There is an existing concrete pad located on the proposed lot line separating Lot 1 and Lot 2. If the property is subdivided in the location proposed by the applicant, it would result in the creation of a non-conformity, as the concrete pad would not meet the required lot setbacks. Staff is recommending that the concrete pad be removed as a condition of approval for the subdivision and that an escrow be provided to ensure that the concrete pad be removed. The applicant will be required to provide a cost estimate for the removal of the concrete and an escrow for 110 percent of the submitted estimate. Site Access The existing house has access to Hickory Road to the north via a driveway easement. The configuration of the parcel makes it undesirable for a home situated on the northern portion of the parcel to access Red Cedar Point Road. Once subdivided, Lot 2 would meet the subdivision ordinance’s frontage and access requirements along Red Cedar Point Road; however, as is discussed in the variance section of the report, staff believes that it makes the most sense for Lot 1 to be granted a variance for the city’s lot frontage requirements and to continue to be accessed from Hickory Road through the existing driveway easement. FIRE DEPARTMENT The Fire Department has noted that response to the site is currently complicated by the fact that the home is addressed as 3800 Red Cedar but has driveway access off Hickory Road. They are recommending that since Lot 1, Block 1 is proposing to retain access off of Hickory Road, it be readdressed to reflect this in order to avoid confusion. 3800 Red Cedar Point Road February 5, 2019 Page 9 GRADING, DRAINAGE & EROSION CONTROL Grading/Drainage The applicant is proposing to grade only within the limits of Lot 2. This grading will accommodate the construction of one new home on the property, which has been illustrated to the minimum standards set forth by city ordinances (as the house plans are not known, a 60-foot by 60-foot building pad and 30-foot wide access driveway were illustrated §18-60). The proposed grading will route stormwater drainage away from the building, indicated by drainage arrows on the plans. All grades have been proposed to meet a 3:1 maximum with no proposed retaining walls on site. No soils report or geotechnical study was provided within the submittal. The applicant will be required to provide an accurate soils report indicating soil conditions, permeability, slope, and groundwater elevations upon the submittal of grading permits. Erosion Prevention and Sediment Control The applicant has prepared and submitted a preliminary erosion and sediment control plan for the grading of Lot 2. The contact for the party responsible for maintenance of erosion control measures has been left as “TBD.” The applicant will be required to update the contact information prior to the issuance of grading permits. Furthermore, it is the recommendation of staff that silt fence be used as perimeter control around the entire site as an erosion control BMP. The applicant has proposed the use of both bio-rolls and silt fence for perimeter control. Review and approval by the city of the use of both BMP measures for perimeter control shall be conducted prior to the issuance of grading permits, and all city requirements for erosion control shall be met. Lastly, the applicant shall update the detail sheet of the plans to include the city detail for erosion control for individual lots (#5302B). STORMWATER MANAGEMENT The proposed development of Lot 2 should be designed to meet the city’s water quality and water quantity requirements. Article VII, Chapter 19 of City Code describes the required stormwater management development standards. Section 19-141 states that “these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features.” The proposed development will need to receive any and all required permits and meet the requirements of Minnehaha Creek Watershed District and Minnesota Department of Natural Resources. Stormwater Utility Connection Charges Section 4-30 of City Code sets out the fees associated with the Surface Water Management Plan (SWMP). A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degradation of surface water. 3800 Red Cedar Point Road February 5, 2019 Page 10 This fee will be applied to the new lot of record being created. It is calculated as shown in the table below for the current rate in force for 2019: SURFACE WATER DEVELOPMENT FEE AREA PER ACRE FEE ACRES FEE GROSS AREA $8,320 1.06 $ 8,819.20 NET AREA 1.06 $ 8,819.20 The applicant shall pay the SWMP fee at the rate in force at the time of final plat approval. RIGHT-OF-WAY, STREETS AND EASEMENTS Streets, Driveways & Sidewalk No new public streets or walkways are required. Red Cedar Point Road provides right-of-way access to Lot 2, while access to Lot 1 is via an existing shared driveway access off Hickory Road. Red Cedar Point Road has an existing dedicated right-of-way of 50-feet abutting Lot 2. While this does not meet the city’s current 60-foot right-of-way requirements, numerous roads in this area have a non-conforming 50-feet of dedicated right-of-way and the city does not believe it will be possible to acquire additional right-of-way from the other properties south, east, and west of the proposed Lot 2. Therefore, no street right-of-way dedication will be required. EASEMENTS The applicant is proposing the dedication of 5-foot side and rear, and 10-foot front lot line drainage and utility easements around Lot 2. However, the applicant is proposing only 5-foot side, rear, and front lot line drainage and utility easements around Lot 1. As the north lot line of Lot 1 is defined as the front lot line, and due to the proximity of a public water main to said lot line, a 10-foot drainage and utility easement shall be provided on the final plat prior to acceptance and recording. UTILITIES Sanitary Sewer and Water Main No extensions of any public sanitary sewer or water main trunk lines are required. The existing home on Lot 1 will continue to use the current water and sewer service from Hickory Road. The newly created Lot 2 will have access to water and sewer service from Red Cedar Point Road via an existing 10” HDPE water main and an 8” PVC sanitary main. From city records and tie- cards, there was a PVC sanitary sewer and 1” copper water service stubbed in 1974 to the proposed Lot 2 off Red Cedar Point Road. The applicant will be required to field verify the location of these service stubs and assess their serviceability prior to the issuance of building permits. If the sanitary and water services are inadequate for use, they shall be abandoned in accordance with city standards and re-installed. As these service stubs have never been utilized, the development of Lot 2 will be required to pay all required city WAC and SAC fees associated with service connections at the time of the building permit application. 3800 Red Cedar Point Road February 5, 2019 Page 11 Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. For 2019 rates, the partial hookup fees are: a) A portion of the water hook-up charge: $2,311.00/unit b) A portion of the sanitary sewer hook-up charge: $691.00/unit The remaining partial hookups fees are due with the building permit. The remaining fees for 2019 are: a) The remaining portion of the water hook-up charge: $5,393.00/unit b) A portion of the sanitary sewer hook-up charge: $1,611.00/unit LANDSCAPING AND TREE PRESERVATION The applicant for the Comer Addition development did not submit tree canopy coverage and preservation calculations. No tree removal is shown for Lot 1, but in the event that the existing house is torn down and rebuilt, the existing ash tree shown on the survey closest to the home will need to be removed. Staff estimated the canopy coverage calculations as follows: Total upland area (excluding wetlands) 46,279 SF Baseline canopy coverage 54% or 25,047 SF Minimum canopy coverage required 35% or 16,197 SF Proposed tree preservation 33% or 15,246 SF The developer does not meet minimum canopy coverage for the site; therefore the applicant must bring the canopy coverage on site up to the 35% minimum. The difference between the required coverage and the remaining coverage is multiplied by 1.2 for total area to be replaced. One tree is valued at 1,089 SF. Minimum required 16,197 Less canopy preserved 15,246 Minimum canopy coverage to be replaced 951 SF Multiplied by 1.2 1,141 Divided by 1089 = Total number of trees to be planted: 1 tree One tree will be required to be planted in the front yard of Lot 2, when built. Any trees removed in excess of what is shown on the grading plan dated 12/5/18 will be required to be replaced at a ratio of 2:1 diameter inches. Additionally, a birch and maple on Lot 1 are not shown on the tree inventory, but are larger than the 10” dbh minimum for the inventory. They will be preserved on Lot 1. The development is not required to install any buffer yard plantings. 3800 Red Cedar Point Road February 5, 2019 Page 12 PARKS & RECREATION The property has access to the Minnewashta Parkway pedestrian trail and to Roundhouse Neighborhood Park. The applicant will need to pay park dedication fees for one lot at the rate in force at the time of final plat approval. At today’s rate, that would be a payment of a $5,800. This fee will be deposited in the city’s Park and Trail Dedication Fund for utilization on future park and trail improvements. The dedication fees are used to improve the city’s park system. For example, Roundhouse Park recently had four pickleball courts and one tennis court installed utilizing $336,000 in park dedication funds. COMPLIANCE TABLE Area (sq. ft.) Width (ft.) Depth (ft.) Hard Cover % / sq. ft. Notes Code 15,000 90 125 25 / 3,750 Lot 1 23,139 108.85 197.73 5,784.75 North property line is front lot line Lot 2 23,140 148.2 173.81 5,785 Total 46,252 1.062 Setbacks: 30 feet front and rear; 10 feet side RECOMMENDATION Staff recommends that the Chanhassen Planning Commission recommend that the City Council approve the preliminary plat for a two-lot subdivision and approves a lot frontage variance for Lot 1, Block 1, Comer Addition, as shown in plans dated December 5, 2018, subject to the conditions of approval and adopts the findings of fact and recommendation: Building: 1. Demolition permits required for the removal of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. Engineering: 1. Lot 1 shall have a 10-foot drainage and utility easement along its front lot line (northernmost lot line) prior to recording of final plat. 3800 Red Cedar Point Road February 5, 2019 Page 13 2. An accurate soils report indicating soil conditions, permeability, slope, and groundwater elevations shall be provided upon the submittal of grading permits. 3. The contact information for the responsible person(s) for erosion and sediment control best management practices shall be updated on the plans prior to issuance of grading permits. 4. Review and approval of the use of silt fence and bio rolls for perimeter control shall be conducted by the city prior to the issuance of grading permits. 5. Add city detail 5302B – Erosion Control for Individual Lots, to the detail sheet. 6. If the 1974 sanitary and water services stubbed off Red Cedar Point Road that will service Lot 2 are inadequate for use, they shall be abandoned in accordance with city standards and re-installed. 7. The developer of Lot 2 will be required to pay all required city WAC and SAC fees associated with service connections for the rate in force at the time of building permit application. Environmental Resources: 1. Any trees removed in excess of what is shown on the grading plan dated 12/5/18 will be required to be replaced at a ratio of 2:1 diameter inches. Additionally, a birch and maple on Lot 1 are not shown on the tree inventory, but are larger than the 10” dbh minimum for the inventory. They will be preserved on Lot 1. 2. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. Fire Department: 1. The home on Lot 1, Block 1 must be addressed off of Hickory Road. Parks: 1. Park dedication fees shall be paid for one lot at the rate in force at the time of final plat approval. Planning: 1. An escrow of 110 percent (110%) of the estimated removal cost for the concrete pad on the interior lot line between Lot 1 and Lot 2 must be received, and the concrete pad removed within four months of the approval of the final plat. 3800 Red Cedar Point Road February 5, 2019 Page 14 Water Resources: 1. All permits and approvals must be received from other regulatory agencies prior to issuing permits. 2. The applicant shall pay the SWMP fee for 1.06 acres at the rate in force at the time of final plat approval. Should the Planning Commission recommend denial of the preliminary and variance request, it is recommended that the Planning Commission adopt the following motion: “The Chanhassen Planning Commission Recommends that the Chanhassen City Council deny the preliminary plat for a two-lot subdivision with a lot frontage variance for Lot 1, Block 1, Comer Addition, and adopts the attached Findings of Facts and Recommendation.” ATTACHMENTS 1) Findings of Fact (Approval) 2) Findings of Fact (Denial) 3) Application for Development Review 4) Subdivision and Final Plat Narrative 5) Final Plat Documents 6) Park & Recreation Director Memo 7) Landscaping and Tree Preservation Memo 8) Variance Document g:\plan\2019 planning cases\19-02 3800 red cedar point road sub and var\staff report comer addition sub _var_pc.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Comer Addition Planning Case 19-02 On February 5, 2019, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat to subdivide a 1.062 acre lot into two (2) single-family lots with a variance, Comer Addition. The Planning Commission conducted a public hearing on the proposed development which was 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 proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the lot frontage variance is approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record; Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate stormwater drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. 8. Variances. – 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 intent of the zoning code’s minimum lot frontage is to ensure sufficient space for a building pad that can accommodate a house and garage while meeting the district’s 10-foot side yard setbacks. The proposed lot width of 108.85’ is in excess of the district’s 90’ minimum and can easily accommodate the 60-foot by 60-foot building pad required by ordinance. The variance is needed only because the lot width does not front a public street; however, access is provided by an existing private driveway easement. Since both access and minimum lot dimensions are provided, the requested variance is consistent with the general purposes and intent of this Chapter and the comprehensive plan. 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: In order to comply with the minimum lot frontage stipulated in the zoning code, atypical lot configurations or the construction of a private or public street would be required. These configurations would also result in increased impervious surfaces within the shoreland management district. The applicant’s proposed lot dimensions exceed those required by the zoning code and the existing private driveway easement provides reasonable access to Lot 1, Block 1. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The plight of the landowner is the result of the fact that right-of-way for Kirkham Road was dedicated to the city, but the road was never constructed and a portion of it abutting the property was subsequently vacated. During the vacation process, an easement was placed over the vacated portion of the right-of-way to provide access to the house located on the northern half of the parcel. The landowner’s inability to meet the lot frontage requirements stems from the unique circumstances of the property is not the result of the landowner’s actions. e. The variance, if granted, will not alter the essential character of the locality. Finding: The proposed variance would allow for the northern portion of the property to continue to be accessed from Hickory Road via a private driveway easement. Since this is a continuation of the existing conditions within the neighborhood, it will not negatively impact or alter the character of the locality. The proposed lots associated with the variance request both exceed the district’s minimum dimensions and would not be atypical for the area. 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 does not apply to this request. 10. The planning report, Planning Case 19-02, dated February 5, 2019, prepared by MacKenzie Walters, et al, is incorporated herein. RECOMMENDATION The Chanhassen Planning Commission recommends that the City Council approve the preliminary plat for a two-lot subdivision, and approves a lot frontage variance for Lot 1, Block 1, Comer Addition, as shown in plans dated December 5, 2018 subject to the conditions of approval. ADOPTED by the Chanhassen Planning Commission this 5th day of February, 2019. CHANHASSEN PLANNING COMMISSION BY:___________________________________ Chairman g:\plan\2019 planning cases\19-02 3800 red cedar point road sub and var\findings of fact (approval).docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Comer Addition Planning Case 19-02 On February 5, 2019, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat to subdivide a 1.062 acre lot into two (2) single-family lots with a variance, Comer Addition. The Planning Commission conducted a public hearing on the proposed development which was 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 proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision as proposed does not meet the requirements of the Single-Family Residential District. A variance from the district’s minimum lot frontage is required. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record; Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. 8. Variances. – 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 intent of the zoning code’s minimum lot frontage is to ensure sufficient space for a building pad that can accommodate a house and garage while meeting the district’s 10-foot side yard setbacks. The proposed lot width of 108.85’ is in excess of the district’s 90’ minimum and can easily accommodate the 60-foot by 60-foot building pad required by ordinance. The variance is needed only because the lot width does not front a public street; however, access is provided by an existing private driveway easement. Since both access and minimum lot dimensions are provided, the requested variance is consistent with the general purposes and intent of this Chapter and the comprehensive plan. 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 homeowner could subdivided the property by dedicating right-of- way and constructing a public road, upgrading the private driveway to meet private street standards, or by utilizing a flag lot. The inability to create the preferred configuration for the lots is not a practical difficulty. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The plight of the landowner is the result of the fact that right-of-way for Kirkham Road was dedicated to the city, but the road was never constructed and a portion of it abutting the property was subsequently vacated. During the vacation process, an easement was placed over the vacated portion of the right-of-way to provide access to the house located on the northern half of the parcel. The landowner’s inability to meet the lot frontage requirements stems from the unique circumstances of the property is not the result of the landowner’s actions. e. The variance, if granted, will not alter the essential character of the locality. Finding: The proposed variance would allow for the northern portion of the property to continue to be accessed from Hickory Road via a private driveway easement. Since this is a continuation of the existing conditions within the neighborhood, it will not negatively impact or alter the character of the locality. The proposed lots associated with the variance request both exceed the district’s minimum dimensions and would not be atypical for the area. 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 does not apply to this request. 9. The planning report Planning Case 19-02, dated February 5, 2019, prepared by MacKenzie Walters, et al, is incorporated herein. RECOMMENDATION The Chanhassen Planning Commission recommends that the City Council deny the preliminary plat for a two-lot subdivision, and denies a lot frontage variance for Lot 1, Block 1, Comer Addition, as shown in plans dated December 5, 2018. ADOPTED by the Chanhassen Planning Commission this 5th day of February, 2019. CHANHASSEN PLANNING COMMISSION BY: Chairman g:\plan\2019 planning cases\19-02 3800 red cedar point road sub and var\findings of fact (denied).docx RECEIVED JAN 0 4 2019 CTIANIIASSEN PLAI,II{II{G DEPT COMMUNITY DEVELOPMENT DEPARTM ENT Planning Division -7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 *cTTYoICnAl{na$sril APPLIGATION FOR DEVELOPMENT REVIEW Submittaror,"t\q\rq eco"t",A[Sltl ccDate:al:Sltq 60-DayReviewor", 3/ Slr? Section 1:all that (Refer to the appropiate Application CheckJist for requircd submittal information that must accompany this application) tr Comprehensive Plan Amendment. ... $600 E Minor MUSA line for failing on-site sewers ..... $100 Conditional Use Permit (CUP) E Single-family Residence ................................ $325 E rut otners................... .................$425 lnterim Use Permit (lUP) ! ln conjunction with Single-Family Residence.. $325E rut otners................... .................S425 Rezoning (REZ) n Planned Unit Development (PUD) .................. $750 n Minor Amendment to existing PUD................. $100 E ntt others.......... ..... $500 Z Suooivision (SUB)' Z Create 3lots or less E Create over 3 lots...n $600 + $15 per lot tr ( lots) -a t n Metes & Bounds (2lots) .............$300'sr/tz E Consolidate Lots.......... ...............$150"*Q Lot Line Adjustment... .................$150'Q Final P|at............... ......................$700 (lncludes $450 escrow for attorney costs)* 'Additional escro^, may be required for other applications through the development contrac{. E Vacation of Easements/Righlof-way (VAC)........ $SOO (Additional recording fees may apply) tr E Variance (VAR)$200 ! Sign Plan Review. ........ $150 E Site Plan Review (SPR) E Rdministrative............. ................ $100 n Commercial/lndustrial Districts* ...................... $500 Plus $10 pel!,000 square feet of building area:( thousand square feet) "lnclude number of extslrno employees: *lnclude number of nCly employees: E Residential Districts.... ................ $500 Plus $5 per dwelling unit ( units) E Wetland Alteration Permit (WAP) [J Singte-family Residence....fl Rtt otners............................ $1 50 $275 $100E Zoning Appeal E Zoning Ordinance Amendment (ZOA)... ..... ....... $500 EIE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. tNom"ation Sign (city to instatt and remove) ....... $200 / eroperty Owners' List within 500' (city to generate after pre.application meetins) &;il;;;*") qgd, 0", address E Escrow for Recording Documents (check all that ?pply)...........n ConditionalUse Permit tr lnterim Use Permit E Vacation ' Z Variance fl Metes & Bounds Subdivision (3 docs.) tr Easements ( easements) Section 2:lnformation Description of Proposal: Property Address or Location: Parcel #:Legal Description: TotalAcreage: /,Ob Wetlands Present? E Yes Present Zoning: Select One Requested Zoning:Select One Present Land Use Designation: Select one Requested Land Use Designation:Select One Existing Use of Property: EChecf box if separate narrative attached. B/oo/c1 APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, 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. lf this application has not been signed by the property owner, I have aftached 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 to proceed with the study. I certify that the information and exhibits are true and correct. Name:Contact: Phone:Address: tJo City/State/Zip: Email: Signature: PROPERTY OWNER: ln signing this application, l, 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 information and exhibits submitted are true and correct.fr cer: S,Aa,a € ?1 , Nl/ z\ contact: 13.YV C o ^ e "Getr, t Phone: q92'+-l+ '5rt5 t Lotz'q\=nq3U emait: 'a C-o*Z 822 hotrra 1l ' (bwt Signature: PROJECT- Name: Address: Who should receive copies of staff reports? Property Owner Via:Applicant Via:Engineer Via:Other* Via: E rrllaiteO Paper Copy E vtaiteo Paper copy ! trlalteo Paper Copy E tritaiteO Paper Copy Cell: Fax., Date: 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. conract: D(1)rufu' Phone: *Other Contact lnformation: Name:E Email E Emalt E Emait E Emait trnntr Address: City/StateZip: Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. Section 3:Owner and lnformation Date: Name: Address: City/StateZip: Section 4: Notification lnformation CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. cor-rNTY oF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on January 24,2019, 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 to consider a two lot subdivision with a variance for reduced lot frontage located at 3800 Red Cedar Point Road for property zoned Single Family-Residential (RSF), Planning Case File No. 2019-02 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. -T t issen, Deputy Subscribed and sw.orn to before me this- {sday of Jan,.n-r.r..,-lr-, 2}lg..^***6 ,, itAN-M. STEcKLING ) HotarY Public-Minnesota Uy Cornrnfaero^n-exerc^Jan st' eot g otuV frUficl This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic lnformation System (GlS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnlfy, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does nol warrant that the Geographic lnformation System (GlS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, orthird parties which arise out of the user's access or use of data provided. (TAX_NAME)D (TAX_ADD_L1D (TAX_AD D_L2D, (TAX_ADD_L3D <<Next Record><TAX_NAMED (TAX_ADD_LlD (TAX_AD D_L2D, (TAX_AD D_L3r Disclaimer I ! ffi:iq&!;' Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time:Tuesday, February 5,2019 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location:Citv Hall Council Chambers, 7700 Market Boulevard Proposal: To consider a two lot subdivision with a variance for reduced lot frontage located at 3800 Red Cedar Point Road for property zoned Single Family-Residential (RSF). Applicant / Owner:Colson Customer Homes / Richard Comer Property Location: 3800 Red Cedar Point Road A location map is on the reverse side of this notice. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the proiect. Questions & Comments: lf you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2019-02. lf you wish to talk to someone about this project, please contact MacKenzie Walters by email at mwalters@ci.chanhassen.mn.us or by phone at952-227-1132. lf you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project website listed above the Thursdav prior to the Planning Commission meeting. Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and lnterim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within at least 500 feet of the subject site to be notified of the appli@tion in wriiing. Any interested party is invited to attend the meeting. . Staff prepares a report on the subject applicataon that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Councal may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and mde amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to rcmmercial/industrial. . Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to thear @mplexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spokesperson/representative is enmuraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). . Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. lf you wish to have something to be included in the report. please contact the Planninq staff person named on the notification. Date & Time:Tuesday, February 5,2019 at 7:00 p.m. This hearing may not start until later in the eveninq, dependinq on the order ofthe aqenda. Location:Citv Hall Council Chambers, 7700 Market Boulevard Proposal: To consider a two lot subdivision with a variance for reduced lot frontage located at 3800 Red Cedar Point Road for property zoned Single Family-Residential (RSF). Applicant / Owner:Colson Customer Homes / Richard Comer Property Location: 3800 Red Cedar Point Road A location map is on the reverse side of this notice. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the proiect. Questions & Comments: lf you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2019-02. lf you wish to talk to someone about this project, please contact MacKenzie Walters by emailat mwalters@ci.chanhassen.mn.us or by phone at952-227-1132.|f you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item wi!! be available online on the project website listed above the Thursday prior to the Planninq Commassion meeting. Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www. ci. chan hassen. m n. us/notifyme to sig n u p ! City R.eview Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and lnterim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinanes require all property within at least 500 feet of the subject site to be notified of the applietion in writing. Any interested party is invited to attend the meeting. . Staff prepares a report on the subject application that includes all pertinent information and a re@mmendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Councal. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's rercmmendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. . Minnesota State Statute 519.99 requires all applications to be pro@ssed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spokesperson/representative is enouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the prcject with any interested person(s). . Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondene regarding the application will be included in the report to the City Council. lf you wish to have something to be included in the report, please contact the Planninq staff person named on the notification PIN 256500030 2s6500080 256600070 256600090 2s6600440 256530010 2s6600190 250080400 256600510 2S5500080 256600420 2s6600s80 256600430 256600150 256600530 256600100 256600460 256600200 256600240 256600t20 256600470 256600480 256600130 256600170 256600180 254100010 256600210 25660023r 254100020 258770020 250082200 2s0081900 250081100 258770010 250083000 2s0081000 2s7920020 TAX_NAME THE PALMER REV LIV TRUST ]OANNE T KIMBLE GARY PETERSON TIMOTHY HENRY PAUL REIMER ESTATE DEVELOPMENT CORP PATRICK R GORMAN KEVIN R PROHASKA MARY JO ANDING BANGASSER GREGORY BOHRER JILL D HEMPEL COLIN.IJONES MICHAEL L CORRIGAN ERIC MCKAY RICHARD B & MARIANNE F ANDING CHRIS & KRISTINE WEDES CAROLYN A BARINSKY MARIA E WHITE TABB&KAYMERICKSON TIMOTHY J NELSON JAMES PATRICK ROSS TRUST WILLIAM R HAUGH LOUIS JASON RIPPLE BRENDA LEE BLAHA EDWARD H & CHERYLA BIXBY ROANE REVOCABLE LIVING TRUST CLAYTON BURKE HEIDI ANN MARX RICHARD H COMER MICHAEL D & CYNTHIA H WENNER DANIEL P MULHERAN JASON A JERNELL BERNARD & HELEN LEACH DAVID G WAGNER DAVID M LARSON ROBIN LEIGHTON ROBEY KATHLEEN L ROUSAR TAX_ADD_11 TAX-ADD_12 7034 RED CEDAR COVE EXCELSIOR 10210 28TH AVE N MINNEAPOLIS 13260 BRASS PKY ROSEMOUNT 13600 MARINA POINTE DR # 1509 MARINA DEL REY 14455 WESTRIDGE DR EDEN PRAIRIE 15250 WAYZATA BLVD SUITE 101 WAYZATA 3063 DEVON LN MOUND 350 SUPERIOR BLVD APT 259 WAYZATA 3633 SOUTH CEDAR DR EXCELSIOR 3706 HICKORY RD EXCELSIOR 3707 SOUTH CEDAR DR EXCELSIOR 3710 RED CEDAR POINT RD EXCELSIOR 3711 SOUTH CEDAR DR EXCELSIOR 3715 HICKORY LN EXCEEIOR 3715 SOUTH CEDAR DR EXCEEIOR 3716 HICKORY RD EXCELSIOR 3719 SOUTH CEDAR DR EXCELSIOR 3720 RED CEDAR POINT RD EXCELSIOR 3720 SOUTH CEDAR DR EXCELSIOR 3724 HICKORY RD EXCELSIOR 3725 CEDAR RD S CHANHASSEN 3727 SOUTH CEDAR DR EXCELSIOR 3728 HICKORY RD EXCELSIOR 3733 HICKORY RD EXCEBIOR 3735 HICKORY RD EXCELSIOR 3738 HICKORY RD EXCELSIOR 3750 RED CEDAR POINT RD EXCELSIOR 3755 RED CEDAR POINT RD EXCELSIOR 38OO RED CEDAR POINT RD EXCELSIOR 3801 RED CEDAR POINT RD EXCELSIOR 3815 RED CEDAR POINT RD EXCELSIOR 3821 RED CEDAR POINT RD EXCELSIOR 3830 RED CEDAR POINT RD EXCELSIOR 3831 RED CEDAR POINT RD EXCELSIOR 3837 RED CEDAR POINT DR EXCELSIOR 3840 RED CEDAR POINT RD EXCELSIOR 3841 RED CEDAR POINT RD EXCELSIOR SHAPE.STATea0 7058 RED CEDAR CV 3632 HICKORY RD 3714 HICKORY RD 3713 SOUTH CEDAR DR 3861 RED CEDAR POINT RD 3737 HICKORY RD 7141 MINNEWASHTA PKWY 3706 HICKORY RD 3707 SOUTH CEDAR DR 3710 RED CEDAR POINT RD 3711 SOUTH CEDAR DR 3715 HICKORY RD 3715 SOUTH CEDAR DR 3716 HICKORY RD 3719 SOUTH CEDAR DR 3720 RED CEDAR POINT RD 3720 SOUTH CEDAR DR 3724 HICKORY RD 3725 SOUTH CEDAR DR 3727 SOUTH CEDAR DR 3728 HICKORY RD 3733 HICKORY RD 3735 HICKORY RD 3738 HICKORY RD 3750 RED CEDAR POINT RD 3755 RED CEDAR POINT RD 38OO RED CEDAR POINT RD 3801 RED CEDAR POINT RD 3815 RED CEDAR POINT RD 3821 RED CEDAR POINT RD 3830 RED CEDAR POINT RD 3831 RED CEDAR POINT RD 3837 RED CEDAR POINT RD 3840 RED CEDAR POINT RD 3841 RED CEDAR POINT RD TAX_ADD-13 MN 55331 MN 55441-3265 MN 55068-2772 cA 90292 MN 55347-1700 MN 55391 MN 55364-9017 MN ss391-2266 MN ss331-9686 MN 55331-9768 MN ss331 9688 MN 55331 MN 55331-9688 MN 55331-9769 MN s5331-9688 MN 55331-9768 MN 55331-9688 MN 55331 MN 55331-9687 MN 55331-9768 MN 55317 MN 55331-9688 MN 55331-9768 MN 55331-7769 MN 55331-7769 MN 55331 MN 55331 MN 55331-9676 MN 55331-7765 MN 55331-7766 MN 55331-7766 MN 55331-7766 MN 55331-7765 MN 55331-7766 MN 55331-7766 MN 55331-7765 MN 55331-7766 257920070 250081700 250081600 256600140 256600161 256500010 256500020 256500040 2s6s000s0 2s6s00060 256500070 256500090 2s6s00100 256500110 256500130 256500120 256500140 256500150 256500180 256500170 256500160 250082300 256600230 256600t62 256600570 250080710 256530020 256500190 256600160 EXCELSIOR EXCELSIOR EXCELSIOR CHANHASSEN CHAN HASSEN EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR EXCELSIOR SAINT MICHAEL EXCELSIOR CHANHASSEN HOLLY M SCHISSEL LIV TRUST MARK R JOHNSON IV]ATHEW C & STACY M GJETSON THOMAS P O,BRIEN TODD A JACKSON MARGO J JESKE QUAI D,ANJOU LLC GREGORY P ROBERTSON JAMES R BJORK KRISTI WILSON ROBERT E BRUERS CAROL J H ERGOTT COYO&SANDRASSHELBY ]ANE EVANS ALYCE FULLER CLARAI & IAMES O GINTHER JR MAURICE J & ALICE L LEUTHNER PATRICIA L RICHARDSON JAMESF&DOLORESLIPE GLENFORD M & SUSAN GALE SHULL GERALD L REASON PETER MOE GREGORY G & JOAN 5 DATTILO ELIZABETH J NOVAK GARRETT VINCENT THOMAS & MARY MANN KILIAN CONSTRUCTION INC RED CEDAR COVE TOWNHOUSE ROGER L & DOROTHY P DOWNING 3851 RED CEDAR POINT RD 3859 RED CEDAR POINT RD 3901 RED CEDAR POINT RD 449 SUMM ERFIELD DR 621 BROKEN ARROW RD 7024 RED CEDAR CV 7028 RED CEDAR CV 7038 RED CEDAR CV 7044 RED CEDAR CV 7048 RED CEDAR CV 7054 RED CEDAR CV 7064 RED CEDAR CV 7068 RED CEDAR CV 7074 RED CEDAR CV 7075 RED CEDAR CV 7078 RED CEDAR CV 7085 RED CEDAR CV 7095 RED CEDAR CV 7096 RED CEDAR CV 7098 RED CEDAR CV 7099 RED CEDAR CV 7161 MINNEWASHTA PKWY T2Ol JUNIPER 7210 JUNIPER 7211 JUNIPER AVE 7221 MINNEWASHTA PKY 8751 6OTH ST NE PO BOX 181 PO BOX 651 MN 55331-7766 3851 RED CEDAR POINT RD MN 55331-7766 3859 RED CEDAR POINT RD MN 55331-7752 3901 RED CEDAR POINT RD MN 55317 3734 HICKORY RD MN 55317 3732 HICKORY RD MN 55331-7795 7024 RED CEDAR CV MN 55331-7795 7028 RED CEDAR CV MN 55331-7795 7038 RED CEDAR CV MN 55331 7044 RED CEDAR CV MN 55331-7795 7048 RED CEDAR CV MN 55331-7795 7054 RED CEDAR CV MN 55331.7795 7064 RED CEDAR CV MN 55331-7795 7068 RED CEDAR CV MN 55331-7795 7074 RED CEDAR CV MN 55331-7795 7075 RED CEDAR CV MN 55331,7796 7078 RED CEDAR CV MN 55331-7796 7085 RED CEDAR CV MN 55331-7796 7095 RED CEDAR CV MN 55331-7796 7096 RED CEDAR CV MN 55331-7796 7098 RED CEDAR CV MN 55331 7099 RED CEDAR CV MN 55331-9667 716]. MINNEWASHTA PKWY MN 55331-9614 0 Not supplied MN 55331-9613 7230 JUNTPER MN 55331 7211JUNIPER AVE MN 55331-9668 MN 55376 3871 RED CEDAR POINT RD MN 55331-0181 MN 55317,0651 7200 JUNTPER CITY OF CHANHASSEN RECEIVED JAN 0 4 2019 CHANHASSEN PLANNING DEPT VARIANCE REQUEST ST]BMITTAL NARRATTVE RED CEDAR POINT CHANHASSEN, MINNESOTA December 21,2018 Lot 2 Block 1 Leach Addition- see attached for len4hy description 3800 Red Cedar Point Road, Chanhassen, MN 25-4L00O20,1.05 acres SITE !NFORMATION legal Description; Address: PID & Acreage: The parcel has been in the same family since 1954. When we began the process to sell the property at 3800 Red Cedar Pt Rd, we discovered that the lot size was large enough to become two parcels. Each parcel, when the split is made, has 23,139 sq ft which is well within the minimum lot size as required by City code. The property is zoned RSF and will retain this designation when split. After a survey was made, we were informed by the City planning department, that we would need a variance to complete this sub division. The proposed request for a variance applies to Lot #1 on the plat. ln 2004 the City vacated a portion of Kirkham Road and deeded it to 3737 Hickory Rd. At the same time a lifetime easement was granted to 3739 Hickory Rd (Lot #1). This vacated portion is the driveway for both properties and also contains City utilities (sewer/water) for both properties. The variance request is for 45ft at this location. 3739 Hickory Rd is the EMS street address for 3800 Red Cedar Pt Rd. Lot #1 abuts Kirkham Rd. Lot#2, on the plat, abuts Red Cedar Pt Rd and thus complies with all City codes and parameters. An alternate plat was also developed that eliminates the need for a variance, but it is felt that this configuration wouldn't allow proper access from that frontage. By going with our original plat, we feel we would be providing the City with a better product- two equal lots with similar square footage. JUSTIFICATION a) The requested variance results in a subdivision that would be in harmony with RSF zoning standards. This variance creates two lots that are consistent with some surrounding properties. lt should also be noted that other Red Cedar Point neighborhood residential lots are of a smaller size and have had various setback variances granted for construction. b) The variance is not being requested for the property owner to use the property in a manner not permitted by RSF zoning standards. c) The variance is not being requested for economic considerations alone. The variance is being requested to create two lots with typical configuration. d) The plight of the current property owners revolves around the vacated portion of Kirkham Rd leaving said owner with less than the required 90' frontage required by City code. e) The essential character of the locality will not be changed or altered by granting this variance. Variance Narrative Pagelof 2 f) The variance is not being requested for an earth sheltered structure. CONCLUSION By granting this variance, we feel that development of this property will be consistent with other single family residential lots. Each lot will have simple access to public roads. Each lot will have public services as required by City code. And each lot will be in harmony with its surroundings. Variance Narrative Page2of 2 Ac(Jacent Owner: K.athleen Rou5ar 3841 Red Cedar Pomt R.oad I I I I I I I I I I I I I \ \ 95fJ.tJ I I I I ,l --!-Y 0 -a 51.8 ' I \ \ I ' I -:-�i/ " \.ii ?\ -"''' \ � I k. i I' I a, I \ I \ '1\ I C I \ I \ ' \ I' \( >-950.7 -, tsidence-, "':::1 0,373,5 �! '" 949.9 � 950. 94!:J.tJ ' ' 949. I -,-' r---__ 94lUJ Adjommg Owner: Roane Revocable L1vmg Ti ust 373,5 H/Cko,y R.oad Property Zoned, PUDR A' , 948.6 Planned Umt Devell./Res1den al Dist. 949.2 \ I I I I I I ! ,. 'i I' I I/\-1I I, I' I /\- I: I:I ', 1/\- 1 ; I I r, ,-r--. I-r' f--I I I I L_ L ./ I A I ,' r -I I_I � I- -L _ / I I I L _ ,,,.,.. ,-r, A r, r, ,.." •• 1-,-1 I- - I I F_I I- r I-., I I I I\ I I 1-'L-L-"f ll\�/ 11>1 • Ar A f A I,--I J I A r� I I -,-JI// 11\11\1 r-IFl/ F_I -- 1--1 I F_I I I,, > I Y L-• • f I.__,, t I I f \ Adpcent Owner: Ga,y $ Marsha Stolt 3734 H,cko,y R.oad I ' I V I r'-:------<1---Manhole per pf.ans\ L (not found!._ _ _ _\ HICKORY ROAD ----1-\ \ --=-----="'"�'-'--'----,t,t_-_--:__--�----------- ---- I I 974.8 ----;I ----1 Adjacent Owner; David f-Ruth Wagner I I 974. I . ,, (1 ' , > I \ \ \ I I \ I \ \ \ \ \ \ >, I ' I�\ f \� I I I I I I I ! I I \ \ \ I I I X f366.tJ I I I I I I LOT I I \ \ \ I \ I \ II \ 967.�/ '-,,1 Proposed Drainage & UU/ity Easeme 2 568.6 383 I Red Cedar Pomt Road Ad_pcent Propert1e�/'zoned: Smgle Family R..es1dent1al I I I I ,', '_, ,'',_, Ac!Jacent Owner: ,-,,_,Michael I-Cynthia Wenner 3801 Red Cedar Pomt Road , , , , , Ac!Jacent Owner: Patrick Goraman I3737 H,cko,y R.oad I ---.. South line of Vacated Kirkham Road \ -� Adjacent Owner: Ehzabeth Novak 72/0Jumper Adjacent Owner: Clayton Burke 3750 Red Cedar Pomt R.oad Adjacent Properties Zoned: 5mgle Family Res1dent1al A4Jacent Owner: Heid, l\nn Marx 3755 Red Cedar Pomt R.oad ·• 7 PROPOSED DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: I I I 15 I I I I I I I I I I I I I 51I I I I _____________ J L ____________ _ c:, c:,- ----------�----------Road R.Jght-of-WilY BEING IO FEET IN WIDTH AND ADJOINING RIGHT OF WAY LINES AND 5 FEET IN WIDTH AND ADJOINING LOT LINES, UNlfSS OTHERWISE SHOWN. I I I I basis of bearings is assumed SCALE IN FEET ------ 0 30 60 90 Legend of Symbols & Abbreviations ® 5teel Fost o Denotes Iron Monument Set •Denote5 Iron Monument Found.i::,. Light 9-HydrantP Fower f'o/e ffijj @ Catch Ba5m5 Q Manhole xaxJ.O Denote, Ex,stmg Efevat,on VICINITY MAP no scale SITE ,v,,,, ·:, .. ,/;/.;... �, •---- Property located in Section 8, Township 116, Range 23, Carver County, Minnesota. I I I I PRELIMINARY PLAT PREPARED FOR: JERRY CONE 6320 Minnewashta Wood Drive, Excelsior, MN I I Legal Description I I Lot 2, Block 1, LEACH ADDITION, Carver County, Minnesota. I I Zoning & Development Information 11 ZONING CLASSIFICATION AND STANDARDS: Current and Proposed Zoning -RSF Single-Family Residential Setback Requirements per Zoning Ordinance: Main Structure Only Front -30 feet Interior Side -10 feet Rear -30 feet (refer to City Code for more specifics) Minimum Lot Requirements: Lot Area -15000 sq.ft Lot Width -90 feet Lot Depth -125 feet Building Requirements Building Height - 3 stories or 35 feet. Maximum Lot Coverage -25% CITY OF CHANHASSENRECEIVED JAN O 4 2019 CHANHASSEN PLANNING DEPT PROPOSED LOT INFORMATION Proposed Number of Lots ; 2 Area of Lot 1, Block 1; 23139 sq.ft Area of Lot 2, Block 1 ; 23140 sq.ft Area of Right of Way dedication ; N/A sq.ft Developer: Owner: Colson Custom Homes 216 Water Street Excelsior, MN 55331 Richard Comer 3800 Red Cedar Point Road Excesior, MN 55331 Attn Rodney Colson 612-275-8871 11 Miscellaneous Notes 11 Title commitment showing property description and encumbrances of record not provided. Survey subject to change with proper documentation and per County maps portion of Kirkham Road appears to have been vacated but ownership not clarified. Address: 3800 Red Cedar Point Road, Excelsior, MN 55331 PIO No. 25-4100020 Total Area of Parcel ; 46279 sq. ft Benchmark: Centerline of RCP culvert at the invert of theapron on the downstream end towards the lake. Culvert is connecting a small pond with Minnewashta Lake, localed at Landings Drive & Minnewashta Parkway, NE of 6541 Minnewashta Parkway, Excelsior. Elevation ; 944.81 feet Dimensions shown subject to change with approval of final survey. Underground utility locations information from City. Locations are only approximate, contact Gopher State One Call prior to any excavation 651-454-0002 Property located in Zone •x• ( an area of minimal flooding) per FEMA map 270051005B, effective date July 2, 1979. 11 PRELIMINARY PLAT 11 COMER ADDITION CITY OF CHANHASSN, CARVER COUNTY, MN Prepared By: DEMARC LAND SURVEYING & ENGINEERING 7601 73rd Avenue North Minnea�is, Minnesota 55428 File No. (763) 560-3093 Demardnc.con, I certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Prepared October 24, 2018. Signed F.B. No. 1104-38 inv. 88191 F:\survey\leach add1t1on -carver\2-J -comer\comer addition -carver\F'rehminary Plat 88191 .dwg MEMORANDUM TO: MacKenzie Walters, Planner II FROM: Jill Sinclair, Environmental Resources Specialist DATE: February 5, 2019 SUBJ: Landscaping and Tree Preservation, Comer Addition The applicant for the Comer Addition development did not submit tree canopy coverage and preservation calculations. No tree removal is shown for Lot 1, but in the event that the existing house is torn down and rebuilt, the existing ash tree shown on the survey closest to the home will need to be removed. Staff estimated the canopy coverage calculations as follows: Total upland area (excluding wetlands) 46,279 SF Baseline canopy coverage 54% or 25,047 SF Minimum canopy coverage required 35% or 16,197 SF Proposed tree preservation 33% or 15,246 SF The developer does not meet minimum canopy coverage for the site; therefore the applicant must bring the canopy coverage on site up to the 35% minimum. The difference between the required coverage and the remaining coverage is multiplied by 1.2 for total area to be replaced. One tree is valued at 1,089 SF. Minimum required 16,197 Less canopy preserved 15,246 Minimum canopy coverage to be replaced 951 SF Multiplied by 1.2 1,141 Divided by 1089 =Total number of trees to be planted 1 tree One tree will be required to be planted in the front yard of Lot 2, when built. Any trees removed in excess of what is shown on the grading plan dated 12/5/18 will be required to be replaced at a ratio of 2:1 diameter inches. Additionally, a birch and maple on Lot 1 are not shown on the tree inventory, but are larger than the 10” dbh minimum for the inventory. They will be preserved on Lot 1. The development is not required to install any buffer yard plantings. Recommendations: 1. Any trees removed in excess of what is shown on the grading plan dated 12/5/18 will be required to be replaced at a ratio of 2:1 diameter inches. Additionally, a birch and maple on Lot 1 are not shown on the tree inventory, but are larger than the 10” dbh minimum for the inventory. They will be preserved on Lot 1. 2. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. g:\plan\js\development review\comeraddn 1 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2019-02 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approves a variance from City Code Article XII, Section 20-615(2), lot setbacks, allowing a minimum public street lot frontage of 0 feet. 2. Property. The variance is for the Comer Addition subdivision situated in the City of Chanhassen, and legally described as: Lot 1, Block 1, Comer Addition, Carver County, Minnesota, according to the recorded plat thereof. 2 Dated: February 5, 2019 CITY OF CHANHASSEN BY: (SEAL) Elise Ryan, Mayor AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2019 by Elise Ryan, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100