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CC Minutes 6-24-19Chanhassen City Council – June 24, 2019 23 Councilman McDonald: And I’ll talk to the City Manager. Maybe he can kind of boil it down to what it is we need or something. Thank you. Todd Gerhardt: Mayor and council…we’ve seen the data breakdown earlier this year for some reason we haven’t been getting that the last couple of months. I’ll show tomorrow what that is and it’s a pie chart that shows total A offenses, B offenses, non-criminal. Lt. Lance Pearce: And what the code breakdown is. Todd Gerhardt: I didn’t. Lt. Lance Pearce: You guys aren’t getting that? Todd Gerhardt: Yep. Lt. Lance Pearce: Okay we’ll talk tomorrow. Todd Gerhardt: Yeah and then Lieutenant Kittelson gave a staff report with a 5 year history and total crimes over a 5 year history back in February… I’ll send that off to council as kind of a reminder and then I’ll work with Lance on these other reports and get those…they’ve been able to produce them in the past. Councilman McDonald: Okay thank you. Mayor Ryan: Thank you. Thank you Lieutenant. Lt. Lance Pearce: You bet. CONSENT AGENDA: 3617 RED CEDAR POINT: CONSIDER REQUEST FOR VARIANCES FOR LOT COVER, LAKE SETBACK, AND FRONT YARD SETBACK. Mayor Ryan: Next we’ll go to old business and that is moved from the consent agenda to this. It will be 3617 Red Cedar Point, consider request for variances for lot cover, lake setback and front yard setback. Councilman McDonald you had asked to pull this off. Councilman McDonald: Thank you Mayor. Last week when this was presented to us there was a lot of stuff going on about we’re going to cut here. We’re going to move there and we tended to in some respects I thought begin to lose sight of okay what’s the problem. Well the problem is being able to park cars in a driveway and I never got an answer at that point because of all the shifting of numbers and what we were looking at. Okay where do we stand in regard to that? The biggest complaints that I’ve read from the residents is again they don’t want us setting a precedence where we create something that allows someone to do parking in the street, in the driveways and really just kind of make a bad problem even worst. I’ve been on the council now Chanhassen City Council – June 24, 2019 24 12 years and Red Cedar Point has always been a problem. It has nothing to do the residents. It’s just the layout and the topography of that area. I’m not sure anybody ever envisioned big houses being built there so I think that’s what you’ve got to live with. But in the meantime we can’t just go in there and make bad problems even worst so I would like to see tonight, walk me through how we solved these problems. What are the numbers, especially within the driveway and the question I’ve got is, okay can I park 3 cars in the driveway. And you know again not parallel to the street. Perpendicular to the road. That’s how most people park so that’s what I’m looking for is answers to that question and we didn’t even begin to touch the surface of that the last time so that’s my concern and that’s what I’m looking for. Mayor Ryan: I’ll turn it, thank you Councilman McDonald. I think based on what you know what was discussed last, 2 weeks ago the driveway was the concern. The driveway, what was happening with the garages I think was a point but as Councilman McDonald said if you guys could just walk us through this and let us know what changes were most recently made that would be helpful. MacKenzie Walters: It should be up in a second. There we are. So this is what the applicant provided at council direction. Council’s concern had been the length of the stalls and whether or not they could accommodate the perpendicular parking of vehicles so the applicant had proposed and provided a revision showing a 3 foot recess of the third garage stall. So that would get a 17 ½ to 17.8 foot stall there that would be 16 1/1 feet wide at it’s narrowest. That would accommodate the off street parking of one car perpendicularly. Councilman McDonald: Excuse me. I’m just kind of a simple person from you know the country and everything. Don’t talk to me about length of something. Are we talking about a Suburban? We talking about a Malibu? We talking about a Toyota Corolla? You know in those terms then I can kind of understand. MacKenzie Walters: Your average mid sized sedan is going to be about 16 feet. Councilman McDonald: Okay thank you. MacKenzie Walters: Again there’s a, you know. So yep. Todd Gerhardt: Mayor and council. Typical parking spot is 9 by 18. The one that’s in Target is 9 feet wide, 18 feet long are the lengths. Councilman McDonald: Okay. Kate Aanenson: So this is what we, you directed the staff to, or the applicant to do. So that’s what represented. They redrew that and that’s what was represented tonight. Chanhassen City Council – June 24, 2019 25 Mayor Ryan: So just to clarify because I know that we requested this but I think just for clarification reasons what had happened was the Planning Commission had approved that green line and then when the applicant came up and builder came up and we started, they started playing around kind of with the numbers that’s when Councilman McDonald said I’m not sure what these numbers are. I would like it written down to, so we could evaluate what changes were going to be made so I just want to make sure that we’re clear on what the request was. Not that this is what council was recommending rather that this is what we just wanted to have it, you know in a formal manner of what they were requesting. Correct? Okay. MacKenzie Walters: Okay. Kate Aanenson: The green line is the Planning Commission’s recommendation correct. Mayor Ryan: And the blue line is the applicant’s requested setback initially? MacKenzie Walters: That is what the applicant requested when they appealed the variance and it is also the same as was initially requested of the Planning Commission. Mayor Ryan: And then at the Planning Commission meeting they weren’t comfortable with that line. Rather asked for a 3 foot setback all the way across for the entirety of the garage and not where the green line is. MacKenzie Walters: Correct. Mayor Ryan: Okay. And I know there’s been some back and forth on, well I’ll pause. Council any other, Councilman McDonald do you have any further questions on the driveway at this point? Councilman McDonald: Well I guess what I’m looking for and what you’re kind of telling me is that, that’s not really going to accommodate an average vehicle then when you get to the, well the left hand side looking at the house. My right hand side because if that’s, if I’m reading this right that’s only 11 ½ feet, is that right? Am I reading that dimension right? MacKenzie Walters: Correct. An average sized vehicle would only be able to perpendicularly park in front of the recessed third stall here. Not in this section. Councilman McDonald: Okay and I know that we cannot put an ordinance in place that says okay your car can’t overhang into the street because that’s just not practical so the only shot we have at all this is to try to get it so that people would not create that kind of a problem to begin with. I guess I’m having problems with the driveway you know. Had a problem last week. Thought maybe we solved it. I’ve got a problem now. It’s great that we recessed that one part but we really didn’t solve the problem. Tell me if I’m wrong. Chanhassen City Council – June 24, 2019 26 Councilman Campion: One question. There is a comparison… MacKenzie Walters: Yeah staff calculated it at an average of 4 ½ spots per property for the surrounding parcels. Garage and driveway included. Councilman Campion: And this property. MacKenzie Walters: Would have 4 spots if we’re only counting the perpendicular spot with the 3 car garage and then the one spot in front of the recessed stall. Councilman Campion: That would be a total of 4? Okay. Mayor Ryan: And if the 2 stall garage was recessed at 3 feet does that, and you pushed the third stall back forward so the short part of the garage is the third stall and the double garage has the 3 foot setback then do you get, are you able to set the 2? MacKenzie Walters: Yeah so staff in response to some of the emails received from the neighbors created a quick diagram to help visualize what that would do. If the 2 car garage is recessed back you would get approximately 18 ½ foot stall down here because in order to make the 16 ½ foot minimum you would push this down 4 feet and so you would create about an 18-19 foot wide section of driveway. 16 ½ foot deep at it’s lowest. That would then move out to 18 ½ at it’s widest and that would accommodate 2 average sized cars parked perpendicular in front of the garage. Mayor Ryan: But the concern there was the loss of garage space or house space? Or depends. MacKenzie Walters: It would depend on how the applicant chose to configure their space. Councilman McDonald: Okay and as I recall we talked about that a little bit and that’s what the third stall was going to take care of was a boat which seemed to be the big thing that they were concerned about so the other two should be a regular vehicle because I didn’t hear about anything special that needed to go into the two car half of that. Is the applicant here tonight? Colleen Schultz: Can I ask something to council? Councilman McDonald: Sure. Colleen Schultz: Hi. My name is Colleen Schultz. I actually live in Eden Prairie. Not Chanhassen but I live really close. I’m right by Dell and 101. I’ve been a resident of Eden Prairie since 1994 and I’ve been a licensed real estate agent since 2004. Pam has been a friend of mine for about 24 years. The reason that I’m here tonight is just to kind of go over, when Pa bought this property there was a variance that had been approved and that variance was very different than what we’re looking at tonight. See the variance that was in place a year ago Chanhassen City Council – June 24, 2019 27 actually until February of this year, that variance approved, it was approved with less parking and with a lot more hard cover. Since that variance lapsed, Pam missed it by 30 days partly because her dad had a heart attack and that just makes life complicated and so she was 30 days out from being able to use that variance. But the things that she’s done to not only do what the staff asked her to do but to go beyond that, the staff had asked her to have at least a 9 foot wide part of the driveway be at least 16 ½ foot deep and she has created with her last revision 10 foot wide that’s over 17 ½, 17.8 feet deep. She took the hard cover which is really important by the lakeshore, she took the hard cover from 36 percent all the way down to 26.35 percent and in doing that she’s created a better environment. Pam has also agreed to do the vegetation buffer which is new for the area. It will help a lot of the problems that you guys were listening to before about lakeshore erosion. She’s able to start that trend right on the lake. In doing all of that it makes it a little bit harder to keep squishing the house so if she keeps squishing the house in she can’t really go closer to the lake. You can’t go both ways. So what she is asking for is for a variance. I know that more than 22 variances have been approved and this one is less variable, or it’s less outside of what is actually asked for without a variance than many of the other variances that were approved. It is a tight spot for parking. It is. That street always will be but instead of trying to, instead of trying to make this just for Pam she’s actually with her, all of the parking that’s inside the garage and the parking that’s outside, you can park between 4 and 5 cars which is common for that neighborhood. It’s not a great place for extra parking and that makes it difficult not only for anybody on that street but for the neighbors on other streets around and I understand that all of the other streets around are also interested in the parking like throughout the neighborhood. It makes a difference. But what I see is somebody who has tried to make things work. What I see is somebody who has taken a variance that was approved and she’s reduced it. She’s reduced everything that was approved before and it probably seems a little bit frustrating and I apologize. It seems frustrating that the numbers have moved so many times but I believe that that was her builder and Pam trying really hard to make something work in a neighborhood where things have to be a variance in order to be built. This house is not out of line with the other homes that have been built there. It’s not bigger than the other homes that have been built there. It’s smaller so thank you very much for listening. I appreciate your time. Thank you. Mayor Ryan: You know I think, and we appreciate the, you know some of the work that the applicant has done. I think the issue still remains and what is the decision that council has to make is, I think it’s facing, is addressing the concern over the driveway and whether it’s the recessed 2 car garage or the recessed 3 car garage in terms of what that allows for driveway space because I think the long term concern is the overhang into the street on a very narrow street. And so with all the other changes that were made as part of the entire application I know is appreciated. The single concern that I’m struggling with is the size of the driveway and parking of cars. Pam Reimer’s comments from the audience were not picked up on the microphone. Chanhassen City Council – June 24, 2019 28 Mayor Ryan: I’m going to ask you not to make comments from there please, thank you. Would you like to address, I mean I know historically we’ve never moved a structure closer to the water. And I was under the impression from the last meeting that the challenge with moving it closer was then the redrawing of homes and footings, etcetera. I thought that was a concern on why we initially didn’t, and why the Planning Commission moved the line back instead of moving the entire house towards the lake. MacKenzie Walters: Yeah city policy has typically been when dealing with the lakeshore setback to look at the existing non-conformity and establish that in the variance but not to allow the structures to move closer. It was staff’s understanding that one of the reasons for retaining the house footprint in question was the engineered piling system that had already been planned out. Mayor Ryan: And that was why it ended up being what the Planning Commission recommended versus a recommendation towards the lake. MacKenzie Walters: Correct. Kate Aanenson: It was also, I just want to add too then there was also the additional requirement for the buffering so that’s required with the variance that you, to mitigate that you would do additional landscape and the Water Resources Coordinator put that recommendation together. Mayor Ryan: Okay. So now I’m even more confused because I thought the applicant did not want to move it closer to the lake and was that supported by. Kate Aanenson: I think we’re into negotiation now with what can I do to keep the building footprint. The length. That’s what I’m hearing. Mayor Ryan: Go ahead Councilwoman Tjornhom. Councilwoman Tjornhom: Councilman McDonald confessed tonight that he’s just a simple country boy I think he said. I’m not a country boy but I’m going to keep it simple too because there’s too many lines and too many numbers and too many meetings and I just really want to know what’s it going to take to get this done. I mean what do they need to do, what are the magic numbers we need to see to just stamp this and be done. You know without going back and have another meeting and negotiating and coming back with a new drawing and having to explain everything again. I just want to know what we’re looking for. Kate Aanenson: Sure. Mayor Ryan: We’re not going to take any more comments please, yeah. Chanhassen City Council – June 24, 2019 29 Kate Aanenson: Yeah so the Planning Commission came forward with the green line. So if we go back to the green line that was the Planning Commission recommendation so both parties appealed that. So herein lies the negotiation part. Mayor Ryan: Right. Kate Aanenson: If you look at where that green line falls that was the original recommendation that appeared to be in consensus at the Planning Commission meeting. Afterwards everybody had some other thoughts so that’s where we ended up in this back and forth. Councilwoman Tjornhom: And so can I? Mayor Ryan: Yeah please. I’m sorry. Councilwoman Tjornhom: I’m just trying to understand this. So when you say that the Planning Commission approved this and then after the Planning Commission meeting, I don’t know who it was went home and decided they didn’t like what had just happened so they appealed the decision. MacKenzie Walters: There were two appeals. The neighbors felt the Planning Commission was too generous. The applicant felt the Planning Commission had shorten the house too much. Councilwoman Tjornhom: Okay. Alright so at the next meeting this came back. Nothing had changed from the Planning Commission meeting correct? MacKenzie Walters: Correct. Councilwoman Tjornhom: At that meeting then it was proposed by the builder that the garage stall was shorten in order to give length to the driveway. MacKenzie Walters: Right. While retaining the initially requested blue line here. Councilwoman Tjornhom: Okay. So here we are tonight, what do we need to do to complete this and make it satisfactory for city code, the applicant and us? Kate Aanenson: Okay again I’ll go back to the green line was what was recommended by the Planning Commission so at the City Council meeting both sides were representing, one wanted in the spirit of compromise to say I’ll move back to the green line but only on a portion of it. But you’re still not in concurrence with the neighbors and the homeowner still would like the additional parking so. Chanhassen City Council – June 24, 2019 30 Mayor Ryan: Have we ever approved any structure moving closer to the water? Has there been a variance granted because I don’t want to set that precedent of starting to moving structures especially know that future development in this area. MacKenzie Walters: I’m afraid I haven’t, yeah I don’t have info to answer that question. I’ve always been informed our policy has been we do not allow stuff to move closer to the lake. Councilwoman Tjornhom: One more simple question, so what is, what does the ordinance say? If we’re going to not listen to the neighbors. If we’re going to just look at the facts what does the ordinance say we can approve? Kate Aanenson: Well they’re asking for relief from the ordinance so you have discretion. What we deviated from is, from what the Planning Commission recommended both parties were trying to negotiate that. So again we went by the basis of as MacKenzie said the basis of the original variance which had lapsed so there was some feeling that we were within close proximity to that original one based on a lot of engineering what had been done that that would be acceptable and that’s how the green line got put in place. Which is probably closer to the shorter garages all the way across. So can that be picked up in the garage or the house, that’s the issue and what we’re hearing the applicant say is they don’t want to have to give up that space. Todd Gerhardt: So Mayor, council members I think the question before you is do you feel as though the driveway should have somewhere between 17 to 18 feet of width outside of the garage. Councilman McDonald: You mean depth. Not width. You mean depth. Todd Gerhardt: Depth. And then you go to the red line, blue line, green line and I’m having a tough time MacKenzie, I don’t know how deep your black line is into the garage. MacKenzie Walters: So the black line into the garage is, it’s 4 feet here which is what you would need for the wider garage and it would be 18 ½ feet here from the black line to the curb and 16 ½ feet on this leg from the black line to the curb. Todd Gerhardt: Okay so what this does is get you two parking stalls out on the driveway and 3 parking stalls for smaller vehicles inside the garage unless the applicant moves the living quarter wall in the garage towards the lake inside the house and makes the garage bigger but the living area smaller. So that’s what this option gives you. Mayor Ryan: Recessed two car. Todd Gerhardt: Okay so you’re getting 4-5 cars. Two outside, three inside. Okay go back to the other one. This one gets you 3 garage stalls inside and one stall on the outside with the bumper Chanhassen City Council – June 24, 2019 31 right on the curb. They’d better be hugging this property line or driveway line because a typical driveway as I said is 9 by 18 and that’s 17.8 is pretty close to 18 so. Mayor Ryan: So to reiterate for simplicity what I am hearing the three options tonight. I still hear three. In terms of driveway is either the recessed third stall which is showing right now, The recessed two stall which is the next slide or bumping the entire structure 3 feet towards the lake unless we would…and then you return to the original what the Planning Commission approved but was appealed twice. So you heard the applicant say then just move the structure back. That would be a precedent for the City, that’s something we consider or the one recessed or two recessed. Todd Gerhardt: They’re already given a variance to the closest to the shore? MacKenzie Walters: Yes we are. Todd Gerhardt: So just a larger variance closer to the shore if we move 3 feet. Mayor Ryan: So instead of the 21.1 foot lakeshore setback you would have to lessen that? MacKenzie Walters: Yeah it would then be 25.1 foot lakeshore setback. Mayor Ryan: Wouldn’t you go? MacKenzie Walters: Variance. Setback variance, apologies. I misspoke. Mayor Ryan: So you would add to it, okay. MacKenzie Walters: Yeah. Mayor Ryan: So council if we look at the motion that’s before us in terms of this it, the options are either the, and correct me if I’m wrong Mr. Walters. If we pushed it back we would change 21.1 foot lakeshore setback to 25.1 foot. If we’re going with what is on our screen right now, the recessed third stall the motion stays as is. If we go to the recessed two stall you read the motion as is but you would then change the, the Findings of Fact I think instead of a 19. MacKenzie Walters: Sorry if I may. You would just amend condition 16 to instead of being 9 foot wide with a minimum depth it’d be 17. Mayor Ryan: 17. MacKenzie Walters: And that would create the recessed two car. Mayor Ryan: Right. Chanhassen City Council – June 24, 2019 32 Todd Gerhardt: So if you want to know what your options are those are your three options. Mayor R yan: And it’s really just at the discretion of the council deciding what is preferred with the driveway. I mean that’s ultimately what we’re looking at is do you want, you know with the one recessed car garage. You have one car that can pull straight in and the other one perpendicular to the house. The recessed two car garage. Two cars could pull forward into the driveway without hanging over and then obviously if you move the entire structure back the entire driveway expands by 3 feet. Any further thoughts council or action? Or comments first, Councilman McDonald. Councilman McDonald: Well if I could Mayor. You know I’m not going to make the decision as to what to do but you know as I said in the beginning parking is a problem. What you had said up there about well yeah the lake and we’re squeezed between that. You’re also squeezed between the road so it’s no matter what you do in order to make this fit within that particular lot something’s going to have to give because I really feel strongly you’ve got to meet the driveway parking or else we’re creating a problem that down the road we’re going to hear about because we always do and it will be nothing that we can do about it at that point. That’s the issue is how do you park at this house you know in the driveway? Solve that and everything else kind of falls into place. That’s how I see it. Todd Gerhardt: Mayor, council. If that is your criteria then it, the answer is to move the house 3 feet closer to the shore because that gives you enough width for your driveway and the back and you keep the garage at the size it is and livable space as it is. Councilman McDonald: And as the mayor said what are we creating if we do that? Mayor Ryan: May I interject with that question because I asked Mr. Walters earlier about precedent and Mr. Walters if you want to express some of the challenges particularly with this house because of the road. Middle of the road is where this property line starts and in other houses that could potentially come before us that is not the case so if you could just explain that Mr. Walters that would be helpful. MacKenzie Walters: Yeah so one of the things that makes this parcel unique and uniquely challenging is that Red Cedar Point Road goes about, between 6 I believe and 6 ½ feet into the property’s front line. When you look at the other properties in the neighborhood there’s only I believe these ones here which have a similar situation, one of which has already had a variance. One’s on the other side of the street because the road is offset out of the right-of-way. It actually kind of has the opposite effect of this. Where the road contracts this one and amplifies the magnitude of the front yard variance. In this case the additional right-of-way provides the only additional driveway length between those houses and the road. Was that the clarification? Chanhassen City Council – June 24, 2019 33 Mayor Ryan: Yes. So I think that protects us a little bit from the precedent in terms of moving that house 3 feet closer to the lake if future projects come before us. And again I would say with the comments from the crowd about moving the house, I know the initial concern was that from an engineering perspective that would be too challenging. Maybe that isn’t the case anymore. Okay. Todd Gerhardt: Mayor, council, staff would agree with that. I mean if you looked at the one drawing MacKenzie where the road is, it’s so far out of the right-of-way. You know we may not be even having this discussion if the road was in the existing right-of-way. MacKenzie Walters: Right. Todd Gerhardt: So I think if you made an asterisk as a part of this variance and that moving the house 3 feet closer to the lakeshore is based on the poor alignment of the roadway section. Mayor Ryan: So then the change for the proposed motion would just be again to reiterate and make it clear it would be a 25.1 foot lakeshore setback variance. Kate Aanenson: We’re also increasing the hard cover so we’re going the math here if you can just give us a few seconds. Mayor Ryan: Okay sure. MacKenzie Walters: It’d be a 10.4 percent lot coverage variance. Mayor Ryan: Okay. So those are the two changes. Okay. Councilman Campion: I’ll make a motion. Mayor Ryan: Councilman Campion. Councilman Campion: So my comments are just in consideration of the hardship with the, with the road easement encroaching into their property I’ll propose that the Chanhassen City Council approve an 8 ½ foot front yard setback, a 25.1 foot lakeshore setback and a 10.4 percent lot coverage variance for the construction of a single family house subject to the conditions of approval and adopts the attached Findings of Fact and Decision. Todd Gerhardt: Modified Findings of Fact. Because we’re going to have to modify the Findings of Fact. Councilman Campion: And the modified Findings of Fact and Decision. Todd Gerhardt: Because of the statements made tonight. Chanhassen City Council – June 24, 2019 34 MacKenzie Walters: Apologies, I think this requires a little bit more pencil whipping. Because in order to guarantee the extended driveway length we would want to the 8.5 front yard setback variance would need to change. Mayor Ryan: Get it right, right? No pressure MacKenzie. Todd Gerhardt: Should be 3 feet longer. MacKenzie Walters: No that would, the 8.5 would give you the 21.5 foot, that’s what the Planning Commission had approved when they wanted the 3 foot longer driveway so the survey as shown with the recessed third was with an 11 ½ foot yard setback so 11 1/2 foot from the 30 would be 18.5. If we take the 8.5 from the 30 then it would be a 21.5 foot actual distance from the lot line to the house. Mayor Ryan: So if you go back to the motion Mr. Walters if we could just clarify some of those numbers so we make sure that is correct please. MacKenzie Walters: Yep. So because we’re doing the variance, because of the way I wrote it the variance is from the setback standard. So we have a 30 foot front yard setback. So the way the motion was written with the 8 ½ foot front yard setback that would be 21.5 foot distance from the north lot line to the corner of the house, which is what we want. The applicant’s original proposal had been for 11 ½ foot front yard setback. Roger Knutson: Just to make it clear, your proposed motion in front of us, could you read that proposed motion with your changes. Todd Gerhardt: With the new numbers. MacKenzie Walters: I will type them in if I may. Todd Gerhardt: Yep. There you go. MacKenzie Walters: I would also request that the council ask us to amend the conditions of approval to reflect the discussion because we’ve spelled out the maximum hard cover in the conditions of approval and the Findings of Fact will all need to be modified to reconcile with this. Councilman McDonald: Well if I could I was going to bring up one of my points. I would like you to put in there why we’re doing this because of the road and the fact that it impinges and that’s why we’re moving the house closer to the lake. Chanhassen City Council – June 24, 2019 35 MacKenzie Walters: Staff will add that to the Findings of Fact and Decision and that would be then the basis for the decision if I’m correct City Attorney Knutson. Roger Knutson: That’s correct. Mayor Ryan: And so it needs to read the modified Findings of Fact? Todd Gerhardt: Yep. Mayor Ryan: Okay. Todd Gerhardt: And that the decision for this variance is due to the fact that the road was put outside of the right-of-way. Roger Knutson: And that we put in the findings. Just change the word attached to. Councilman Campion: Shall I start over? Todd Gerhardt: He’s going to change modified Findings of Fact. Councilman Campion: Shall I start again? Todd Gerhardt: Yep. Councilman Campion: Okay I’d like to make a motion, I’d like to propose that the Chanhassen City Council approves an 8 ½ foot front yard setback variance, a 25.1 foot lakeshore setback variance, and a 10.4 percent lot coverage variance for the construction of a single family house subject to the revised conditions of approval and adopts the modified Findings of Fact and Decision. Mayor Ryan: We have a valid motion. Is there a second? Councilwoman Coleman: Second. Councilman Campion moved, Councilwoman Coleman seconded that the Chanhassen City Council approves an 8 ½ foot front yard setback variance, a 25.1 foot lakeshore setback variance and a 10.4 percent lot coverage variance for the construction of a single family house subject to the revised conditions of approval and adopts the modified Findings of Fact and Decisions: 1. The applicant must apply for and receive a building permit. 2. Driveway slope shall not exceed 10 percent. Chanhassen City Council – June 24, 2019 36 3. A title search for the property should be conducted to ensure any/all existing easements are documented. 4. The applicant must enter into a roadway easement over the existing portion of the lot covered by street pavement and curb. 5. A new 1” = 20’ scale survey should be provided as part of the building permit application clearly showing the proposed setbacks and lot coverage for the proposed house and structures. This survey should also correctly note the 100-year FEMA floodplain and should show the lowest floor not less than three feet above the regional flood elevation. 6. At least one tree must be planted in the front yard, if one is not present after construction. 7. The applicant must revise the silt fence placement to exclude the 28” oak tree from the grading and construction limits and locate tree protection fencing around it. 8. Tree protection fencing must be properly installed at the edge of the grading limits across the entire south side of the lot encompassing all existing trees. This must be done prior to any construction activities and remain installed until all construction is completed. Any trees lost to construction activities shall be replaced. 9. No equipment may be stored within the tree protection area. 10. Appropriate tree protection measures must be taken to protect the rear yard ash from EAB. 11. The 228 square foot rear patio area is understood to be the property’s water oriented structure. 12. Lot coverage may not exceed 3,170 square feet. 13. A permanent 20’ native vegetated buffer must be installed along the shoreline using native species with permanent buffer monuments. The buffer may work around the path and stairs. The buffer must be designed and installed by an experienced professional in native shoreline restoration. Design plan must be approved by the Water Resources Coordinator. 14. Develop and implement a shoreline restoration plan that is designed and installed by an experienced professional in native shoreline restoration that will improve ecosystem health. The plan may incorporate use of the existing riprap. The design plan may require additional approvals and must be approved by the Water Resources Coordinator. 15. The property owner must reduce hard cover associated with the driveway and patio through the use of pervious paver systems reviewed and approved by the Water Resources Coordinator. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. MacKenzie Walters: Thank you. Mayor Ryan: Thank you.