CC Staff Report 2-25-19CITY COUNCIL STAFF REPORT
Monday, February 25, 2019
Subject Resolution No. 2019XX: Approval of a TwoLot Subdivision with a Variance for Reducing Lot
Frontage at 3800 Red Cedar Point Road
Section CONSENT AGENDA Item No: D.3.
Prepared By MacKenzie YoungWalters, Associate
Planner
File No: Planning Case 201902
PROPOSED MOTION
The Chanhassen City Council adopts a resolution approving the preliminary and final plat for a twolot subdivision
and 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 Decision.
Approval requires a Simple Majority Vote of members present.
SUMMARY
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 requests 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
rightofway.
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.
BACKGROUND
On February 19, 2019, the Chanhassen Planning Commission held a public hearing on the proposed preliminary plat
and variance. No member of the public spoke regarding the proposal; however, prior to the meeting, staff had been
contacted by a resident who was concerned about the subdivision's stormwater management.
CITY COUNCIL STAFF REPORTMonday, February 25, 2019SubjectResolution No. 2019XX: Approval of a TwoLot Subdivision with a Variance for Reducing LotFrontage at 3800 Red Cedar Point RoadSectionCONSENT AGENDA Item No: D.3.Prepared By MacKenzie YoungWalters, AssociatePlanner File No: Planning Case 201902PROPOSED MOTIONThe Chanhassen City Council adopts a resolution approving the preliminary and final plat for a twolot subdivisionand a lot frontage variance for Lot 1, Block 1, Comer Addition as shown in plans dated December 5, 2018, subjectto the conditions of approval ,and adopts the Findings of Fact and Decision.Approval requires a Simple Majority Vote of members present.SUMMARYThe 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 requests 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 beimpractical, as the rightofway is unimproved. The existing home is currently accessed via a driveway easement northto Hickory Road and the applicant proposes retaining that access. The applicant is also proposing that the northern lotline be designated as the front line for Lot 1, Block 1 in order to align the lot’s orientation with its access to the publicrightofway.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.BACKGROUNDOn February 19, 2019, the Chanhassen Planning Commission held a public hearing on the proposed preliminary plat
and variance. No member of the public spoke regarding the proposal; however, prior to the meeting, staff had been
contacted by a resident who was concerned about the subdivision's stormwater management.
During the subsequent discussion, the Planning Commission asked the applicant how they planned to address the
potential impacts of the development. The applicant noted that the development would not exceed the 25 percent lot
cover permitted within the district and that they expected the majority of runoff generated by impervious surfaces to
infiltrate within the respective lots.
The Planning Commission voted unanimously to recommend approval of the proposed preliminary plat and variance.
DISCUSSION
The proposed subdivision meets or exceeds all of the city's subdivision ordinance requirements, save that Lot 1, Block
1 does not have 90 feet of frontage along a road. The application could meet the subdivision ordinances frontage
requirements through several mechanisms; however, all of these would significantly increase the amount of impervious
surface within the Shoreland Management District. Since Lot 1, Block 1 has an existing access to Hickory Road via a
private driveway easement, staff supports granting the proposed lot frontage variance.
RECOMMENDATION
Planning Commission and staff recommend that the Chanhassen City Council adopt a resolution approving the
preliminary and final plat for a twolot subdivision and 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
Decision:
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
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
CITY COUNCIL STAFF REPORTMonday, February 25, 2019SubjectResolution No. 2019XX: Approval of a TwoLot Subdivision with a Variance for Reducing LotFrontage at 3800 Red Cedar Point RoadSectionCONSENT AGENDA Item No: D.3.Prepared By MacKenzie YoungWalters, AssociatePlanner File No: Planning Case 201902PROPOSED MOTIONThe Chanhassen City Council adopts a resolution approving the preliminary and final plat for a twolot subdivisionand a lot frontage variance for Lot 1, Block 1, Comer Addition as shown in plans dated December 5, 2018, subjectto the conditions of approval ,and adopts the Findings of Fact and Decision.Approval requires a Simple Majority Vote of members present.SUMMARYThe 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 requests 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 beimpractical, as the rightofway is unimproved. The existing home is currently accessed via a driveway easement northto Hickory Road and the applicant proposes retaining that access. The applicant is also proposing that the northern lotline be designated as the front line for Lot 1, Block 1 in order to align the lot’s orientation with its access to the publicrightofway.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.BACKGROUNDOn February 19, 2019, the Chanhassen Planning Commission held a public hearing on the proposed preliminary platand variance. No member of the public spoke regarding the proposal; however, prior to the meeting, staff had beencontacted by a resident who was concerned about the subdivision's stormwater management.During the subsequent discussion, the Planning Commission asked the applicant how they planned to address thepotential impacts of the development. The applicant noted that the development would not exceed the 25 percent lotcover permitted within the district and that they expected the majority of runoff generated by impervious surfaces toinfiltrate within the respective lots. The Planning Commission voted unanimously to recommend approval of the proposed preliminary plat and variance.DISCUSSIONThe proposed subdivision meets or exceeds all of the city's subdivision ordinance requirements, save that Lot 1, Block1 does not have 90 feet of frontage along a road. The application could meet the subdivision ordinances frontagerequirements through several mechanisms; however, all of these would significantly increase the amount of impervioussurface within the Shoreland Management District. Since Lot 1, Block 1 has an existing access to Hickory Road via aprivate driveway easement, staff supports granting the proposed lot frontage variance.RECOMMENDATIONPlanning Commission and staff recommend that the Chanhassen City Council adopt a resolution approving thepreliminary and final plat for a twolot subdivision and a lot frontage variance for Lot 1, Block 1, Comer Addition, asshown in plans dated December 5, 2018, subject to the conditions of approval, and adopts the Findings of Fact andDecision: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 areinadequate 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 serviceconnections 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.
ATTACHMENTS:
Comer Addition Staff Report
Findings of Fact (Approval)
Findings of Fact (Denial)
Resolution
Variance Document
Minutes from 2/19/19 Planning Commission Meeting
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 and Final 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 approves the
preliminary and final 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, adopts the findings of fact and decision, and adopts the attached resolution.
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 and final 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, adopts the findings of fact and decision, and adopts the attached
resolution 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 City Council deny the preliminary
and final plat and variance request, it is recommended that the Planning Commission City
Council adopt the following motion:
“The Chanhassen Planning Commission Recommends that the Chanhassen City Council denies
the preliminary and final 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 decision.
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_cc.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 19, 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 recommended approval.
On February 25, 2019, the Chanhassen City Council met at its regularly scheduled meeting to
consider the application of a Preliminary and Final Plat to subdivide a 1.062 acre lot into two (2)
single-family lots with a variance, Comer Addition 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.
DECISION
The Chanhassen City Council approves the preliminary and final 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 City Council this 25th day of February, 2019.
CITY OF CHANHASSEN
BY:___________________________________
Mayor
g:\plan\2019 planning cases\19-02 3800 red cedar point road sub and var\findings of fact (approval)_cc.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 19, 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 recommended approval.
On February 25, 2019, the Chanhassen City Council met at its regularly scheduled meeting to
consider the application of a Preliminary and Final Plat to subdivide a 1.062 acre lot into two (2)
single-family lots with a variance, Comer Addition 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 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: 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.
DECISION
The Chanhassen City Council denies 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 City Council this 25th day of February, 2019.
CITY OF CHANHASSEN
BY:
Mayor
g:\plan\2019 planning cases\19-02 3800 red cedar point road sub and var\findings of fact (denied)_cc.docx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 25, 2019 RESOLUTION NO: 2019-XX
MOTION BY: SECONDED BY:
A RESOLUTION APPROVING A FINAL PLAT WITH A
VARIANCE CREATING COMER ADDITION
WHEREAS, Colson Custom Homes has requested a subdivision of the property located
at 3800 Red Cedar Point Road into two single-family lots with areas of 23,139 square feet and
23,140 square feet; and
WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen
City Code.
WHEREAS, the Chanhassen Planning Commission held a public hearing on
February 19, 2019 and found the plan consistent with the Chanhassen Comprehensive Plan and
Chanhassen Zoning Ordinance and recommended approval of the subdivision.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approve the final plat with a variance for Comer Addition, creating two lots subject to the
following conditions:
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.
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.
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.
Passed and adopted by the Chanhassen City Council this 25th day of February 2019.
ATTEST:
Todd Gerhardt, City Clerk/Manager Elise Ryan, Mayor
YES NO ABSENT
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 25, 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
CHANHASSEN PLANNING COMMISION
REGULAR MEETING
FEBRUARY 19, 2019
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Mark Undestad, Steve Weick, Nancy Madsen, and
Michael McGonagill
MEMBERS ABSENT: John Tietz and Mark Randall
STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Walters,
Associate Planner; and Erick Henricksen, Project Engineer
PUBLIC PRESENT:
John Kunitz 6441 Bretton Way
Jerry Cone 6320 Minnewashta Woods Drive
Tony Fricano 980 Lake Lucy Road
Lynn Pelto 6581 Foxtail Court
Annette Stock-Lind 8104 Dakota Lane
Rodney Colson 6440 Pipewood
Colleen Johnson 5015 St. Albans Bay
Laurie Susla 7008 Dakota Avenue
PUBLIC HEARING:
CONSIDER A TWO-LOT SUBDIVISION WITH A VARIANCE FOR REDUCED LOT
FRONTAGE AT 3800 RED CEDAR POINT ROAD.
Taping of the meeting started at this point in the staff report.
Walters: …sewer access currently so from the north up here and the proposed Lot 2 on the south
had utilities stubbed in in 1974 off of Red Cedar Point to the south. Sorry I’m having a little
trouble changing slides for whatever reason. With regards to right-of-way streets and easements,
no right-of-way dedication is being requested. The plan is for Lot 1 to be accessed via the
existing driveway easement up through the vacated Kirkham Road onto Hickory. Lot 2 will
have driveway access to Red Cedar Point and the applicant is going to dedicate a 5 foot side yard
drainage and utility easements and then 10 foot easements along the front yard and they will be
dedicating, asking for the designation of the northern lot line here as the front lot for Lot 1, Block
1. This is really slow. Sorry, bear with me a minute. Regarding the proposed variance request
they are, they gave us a couple options to show the feasibility of doing the subdivision without a
variance. That’s shown as Concept A or Concept B. They’re proposing again having zero feet
actually on a strip public street because the front lot line would be where there is not a street.
Chanhassen Planning Commission – February 19, 2019
2
The reason for this is the Kirkham Road is not improved. In order to do it without requiring a
variance they could install a private street which would involve several thousand feet of
impervious surface within the area. They could also dedicate land to the city right-of-way and
conduct, construct a public street. They could also use a flag lot configuration which would
involve having a 30 foot neck that would service this rear parcel off of Red Cedar Point. All of
these would result in an increase in impervious surface within the subdivision and given that the
lots exceed the minimum dimensions required and lot area required staff’s preference would be
to minimize the amount of impervious surface installed within the shoreland district. Staff has
been contacted by several individuals in the neighborhood. Comments have fallen into two
categories. One was concern that the subdivision not exceed two lots. Staff’s reassured folks
that what’s being proposed is a two lot subdivision and there is no contemplation or potential for
more than two lots to come from this. There has also been concern expressed over the
subdivision’s potential impact on the area’s stormwater. Mainly staff’s been informed that
Hickory is a low point and there’s concern that increased impervious would cause more runoff to
be diverted into that area. Staff clarified that under the subdivision ordinance two lot properties
are not required to install their own stormwater infrastructure or improvements and that the
development would need to meet city and watershed requirements when they pull a building
permit. So looking over the proposed subdivision it could go forward without a variance through
the use of either a private street or a public street or through a flag lot which would require a
variance from the subdivision ordinance but it would likely meet all of those criteria. All of the
above mechanisms would require additional impervious surface. Staff as I mentioned believes
it’s important to minimize the amount of impervious surface within the shoreland district. Both
of the proposed lots are significantly larger than the residential single family district’s minimum
lot width, depth and lot area requirements. Lot 1 will have access provided to a public road from
the existing driveway easement which is a continuation of the current situation in the
neighborhood and the subdivision meets all the requirements of the city code so for all of these
reasons staff is recommending approval of the preliminary plat with the variance. I’d be happy
to address any questions you have at this time.
Aller: Any questions of staff at this point? Commissioner McGonagill.
McGonagill: One question I had is mostly my own education on Lot 2 I notice they have a rock
driveway going in.
Walters: That is conceptual for the construction so they, you know they can put the rock
entrance so that they can get the construction vehicles there when building. So they showed that
in the grading plan I believe on the plat.
McGonagill: Right, I was just wondering were they doing that to avoid an impervious surface or
are they thinking about they’ll pave it down the road?
Walters: It would be paved after construction. That would only be for like some of the grading
activities as part of the construction.
Chanhassen Planning Commission – February 19, 2019
3
McGonagill: Okay, thank you sir.
Walters: Yep.
Aller: Additional questions. Hearing none if the applicant would like to come forward and
make a presentation that would be great. If you could state your name and address for the record
sir.
Rod Colson: Sure Rod Colson with Colson Custom Homes, 6440 Pipewood Curve.
Aller: Welcome.
Rod Colson: Thank you.
Aller: Tell us about your project.
Rod Colson: Well it’s a pretty straight forward two lot subdivision. There’s nothing special
about it.
Aller: There had been some concerns stated about the amount of water runoff and whether or
not there’s a storm drainage problem based on the fact that this property would be built or
subdivided. Can you address those issues a little bit?
Rod Colson: Well I don’t think that it’s going to be creating more of a problem or making any
problems that are there worst than already the, Hickory Road is the low point anyway so a lot of
the water comes across and then it comes up from the lake when we have high water.
Aller: Will the property when you build the property it’s going to have it’s own drainage area or
no drainage area? Is it going to have, what’s it going to use to wick water away from your
construction?
Rod Colson: We’ll be well under the hard cover so it will, the soil’s pervious will absorb the
water. There’ll be some runoff but that’s normal. There’s already runoff coming through from
the lot to the west up high so.
Aller: Additional questions? Okay thank you.
Rod Colson: Thank you.
Aller: We’ll open the public hearing portion of this item so this is again an opportunity for an
individual that’s present to come up and speak either for or against the item. Make a comment.
The public hearing is now open. Seeing no one come forward I’ll close the public hearing. And
Chanhassen Planning Commission – February 19, 2019
4
entertain comments, concerns, questions, additional questions of staff or a motion.
Commissioner Madsen.
Madsen: Yeah it looks like a, as presented would be better than the flag lot or some of the other
alternatives in trying to reduce the impervious surface and that would be with the
recommendation that staff is proposing.
Aller: I see a lot of sense. Commissioner Weick.
McGonagill: And this will include the new address right?
Walters: That is one of the conditions of approval.
Weick: I was going to propose a motion.
Aller: Please do.
Weick: I don’t want to rush anybody but 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 the plans dated December 5,
2018 subject to the conditions of approval and adopting the Findings of Fact and
Recommendation.
Aller: I have a motion. Do I have a second?
McGonagill: Second.
Aller: Having a valid motion and a second, any further comments or concerns? I just want to
say that I think under our guides we are looking for what will be least impactful and a reasonable
use of the property and when we look at the situation here we have an opportunity to create a
situation where there’s better stormwater management and reduction of the impervious surface
so I think it’s a good plan as well. Any additional comments?
Weick moved, McGonagill seconded that 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, adopts the findings of fact
and recommendation:
Building:
1. Demolition permits required for the removal of any existing structures.
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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.
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:
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6
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.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.