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
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256600460
256600200
256600240
256600t20
256600470
256600480
256600130
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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
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95fJ.tJ
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949. I
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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
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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 \ \
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I I I LOT
I I \ \
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\ 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