PC Staff Report 5-5-20PLANNING COMMISSION STAFF
REPORT
Tuesday, May 5, 2020
Subject Consider a Request for Approval of the Subdivision of 6.4 Acres into Two SingleFamily Lots
with Variances for Property Located at 1641 W. 63rd Street (Nye Addition)
Section PUBLIC HEARINGS Item No: B.2.
Prepared By Sharmeen AlJaff, Senior Planner File No: Planning Case No. 202006
PROPOSED MOTION:
The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 6.4 acres into two
lots and one outlot as shown in plans dated March 27, 2020, subject to the conditions of approval and adopts the
Findings of Fact and Decision Recommendation.
SUMMARY OF REQUEST
Subdivision of 6.4 acres into two lots and one outlot.
APPLICANT
Woody Love, Engel & Volkers, 18202 Minnetonka Boulevard, Deephaven, MN, Ann Nye, 1641 W. 63rd Street,
Excelsior, MN
SITE INFORMATION
PRESENT ZONING: SingleFamily Residential Low Density, RSF
LAND USE:Residential Low Density (1.24.0 units/net acre)
ACREAGE: 6.4 acres
DENSITY: 0.3 units per acre
APPLICATION REGULATIONS
Chapter 18, Subdivisions
Sec. 1857. Streets
Sec. 1860. Lots(f)
Chapter 20, Article XII, RSF District
BACKGROUND
PLANNING COMMISSION STAFFREPORTTuesday, May 5, 2020SubjectConsider a Request for Approval of the Subdivision of 6.4 Acres into Two SingleFamily Lotswith Variances for Property Located at 1641 W. 63rd Street (Nye Addition)Section PUBLIC HEARINGS Item No: B.2.Prepared By Sharmeen AlJaff, Senior Planner File No: Planning Case No. 202006PROPOSED MOTION:The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 6.4 acres into twolots and one outlot as shown in plans dated March 27, 2020, subject to the conditions of approval and adopts theFindings of Fact and Decision Recommendation.SUMMARY OF REQUESTSubdivision of 6.4 acres into two lots and one outlot.APPLICANTWoody Love, Engel & Volkers, 18202 Minnetonka Boulevard, Deephaven, MN, Ann Nye, 1641 W. 63rd Street,Excelsior, MNSITE INFORMATIONPRESENT ZONING: SingleFamily Residential Low Density, RSFLAND USE:Residential Low Density (1.24.0 units/net acre)ACREAGE: 6.4 acres DENSITY: 0.3 units per acre APPLICATION REGULATIONSChapter 18, SubdivisionsSec. 1857. Streets Sec. 1860. Lots(f)Chapter 20, Article XII, RSF District
BACKGROUND
On April 20, 1987, the City Council approved the final plat for Pheasant Hill 4th Addition. The Wood Duck Lane
connection to Yosemite Avenue was discussed at length. The intent was to:
Help disperse the traffic between Wood Duck Lane and 63rd Street by providing an additional access point into
the Pheasant Hill Subdivision.
This connection would also help provide future access to 6480 Yosemite Avenue and allow it to potentially
subdivide.
Allow 1611 63rd Street to potentially subdivide.
The measured distance from Lake Lucy Road to the end of Wood Duck Lane is 1900 feet. This is of concern to
emergency management responders.
Wood Duck Lane ended in a temporary culdesac.
Due to lack of a feasibility study, adequate rightofway and cost, the connection was postponed. Staff located a
feasibility study for the improvement of Yosemite Avenue. The Wood Duck Lane connection was not included in the
study.
RECOMMENDATION
The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 6.4 acres into two
lots and one outlot as shown on plans dated March 27, 2020, subject to the conditions in the staff report and adoption
of the Findings of Fact and Decision Recommendation.
ATTACHMENTS:
Staff Report
Findings of Fact and Recommendation
Development Review Application
Preliminary Plat Sheets dated March 27, 2020
Public Hearing Notice and Affidavit of Mailing List
Petition Nye Development 63rd Street
Petition Save Wood Duck Lane
City Council Minutes dated April 20, 1987.
Email from Adam Peterson dated April 28, 2020
Email from Woody Love Regarding the 60day Timeline
Email from Ken Ashfeld dated April 28, 2020
CITY OF CHANHASSEN
PC DATE: May 5, 2020
CC DATE: May 26, 2020
REVIEW DEADLINE: June 2, 2020
CASE #: 2020-06
BY: SJ, ET, EH, TH, JS
SUMMARY OF REQUEST: Subdivision of 6.4 acres into two lots and one outlot.
LOCATION: 1641 W. 63rd Street, North of Wood Duck Lane and south of West 63rd Street.
APPLICANT: Woody Love PROPERTY OWNER: Ann Nye
Engel & Volkers 1641 W. 63rd Street
18202 Minnetonka Boulevard Excelsior, MN 55331
Deephaven, MN 55391 annnye@q.com
woody@woodylove.com
612-695-3001
PRESENT ZONING: Single-
Family Residential District, RSF
2030 LAND USE PLAN:
Residential Low Density (1.2 – 4.0
units/net acre)
ACREAGE: 6.4 acres
DENSITY: 0.3 units per acre
LEVEL OF CITY DISCRETION
IN DECISION-MAKING:
The city’s discretion in approving or
denying a preliminary plat is
limited to whether or not the proposed plat meets the standards outlined in the Subdivision
Regulations and Zoning Ordinance. If it meets these standards, the city must approve the
preliminary plat. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends approval of the preliminary plat to
subdivide 6.4 acres into two lots and one outlot as shown in plans dated March 27, 2020, subject
to the conditions of approval and adopts the Findings of Fact and Decision Recommendation.”
Subject
Property
Planning Commission
Nye Addition
May 5, 2020
Page 2 of 12
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Sec. 18-57. - Streets
Sec. 18-60. - Lots(f)
Chapter 20, Article XII, RSF District
PROPOSAL/SUMMARY
The applicant is requesting to subdivide 6.4 acres into two lots and one outlot for single-family
detached housing. The property is located south of 63rd Street and north of Wood Duck Lane.
Access to Lot 1 is gained off of 63rd Street and access to Lot 2 is proposed via an existing cul-de-
sac off of Wood Duck Lane. Sewer and water are available to the site. The property is zoned
Single-Family Residential (RSF) and contains four wetlands.
Planning Commission
Nye Addition
May 5, 2020
Page 3 of 12
BACKGROUND
On April 20, 1987, the City Council approved the final plat for Pheasant Hill 4th Addition. The
Wood Duck Lane connection to Yosemite Avenue was discussed at length (see attachment #7).
The intent was to:
• Help disperse the traffic between Wood Duck Lane and 63rd Street by providing an
additional access point into the Pheasant Hill subdivision.
• This connection would also help provide future access to 6480 Yosemite Avenue and
allow it to potentially subdivide.
• Allow 1611 63rd Street to potentially subdivide.
• The measured distance from Lake Lucy Road to the end of Wood Duck Lane is 1900
feet. This is of concern to emergency management responders.
• Wood Duck Lane ended in a temporary cul-de-sac.
Due to lack of a feasibility study, adequate right-of-way and cost, the connection was postponed.
Staff located a feasibility study for the improvement of Yosemite Avenue. The Wood Duck
Lane connection was not included in the study.
Pheasant Hill 4th Addition
6480
Yosemite
Avenue
1611
63rd
Street
Planning Commission
Nye Addition
May 5, 2020
Page 4 of 12
SUBDIVISION
The applicant is proposing to subdivide 6.4 acres into two lots and one outlot for single-family
detached housing. The property is located south of 63rd Street and north of Wood Duck Lane.
Access to Lot 1 is gained off of 63rd Street and it contains an existing single-family home with a
detached garage and a shed. Access to Lot 2 is proposed via an existing cul-de-sac off of Wood
Duck Lane. Lot 2 will house a future single-family home. Lot 2 has an existing accessory
structure. The City Code requires the construction of the primary structure prior to the accessory
structure. This subdivision will create a nonconforming situation. Staff is recommending an
escrow of 110% of the estimated removal cost be posted with the city prior to recording of the
final plat. The accessory structure must be removed within four months of the approval of the
final plat. Sewer and water are available to the site. The property is zoned Single-Family
Residential (RSF) and contains four wetlands.
All of the proposed lots meet the minimum area, width and depth requirements of the Zoning
Ordinance.
Outlot A contains a wetland and is intended to be deeded to the city. The applicant is also
dedicating right-of-way to the city for the possible future extension of Wood Duck Lane to
Yosemite Avenue.
Staff notes that the proposal is consistent with the Comprehensive Plan and is generally consistent
with the Zoning Ordinance.
Planning Commission
Nye Addition
May 5, 2020
Page 5 of 12
EXISTING CONDITIONS SURVEY
The applicant has provided an existing conditions and boundary survey that generally meets the
requirements of City Ordinance Sec. 18-40. The survey identified private fencing that is located
in public right-of-way and crossing property lines. Any private fencing that extends into or from
adjacent properties into the proposed subdivision, or private fencing that extends into public
right-of-way, shall be removed with continued coordination with the affected property owners.
Also, a well was identified on the provided survey. As both lots will have water services via
public water mains, this well shall be abandoned in accordance with the Minnesota Department
of Health’s review and regulations. Furthermore, all required permits from the appropriate
regulatory agencies shall be obtained prior to the commencement of any abandonment.
EASEMENTS AND RIGHT-OF-WAY
The applicant is proposing standard drainage and utility easements (D&U) for the neighborhood
around each lot on the proposed plat, which generally includes six feet on side and rear lot lines
and ten feet on front lot lines. Per City Ordinance, standard D&U’s are five feet on side and rear
lot lines; the additional one foot is consistent with the surrounding subdivisions and staff has no
concerns with the additional dedication.
The proposed plat illustrates a dedication of public right-of-way for the possible future extension
of Wood Duck Lane. The dedicated portion of public right-of-way will be adequate to achieve a
consistent 50-foot wide right-of-way throughout the corridor. While 50 feet is not the city’s
standard right-of-way width, it will be consistent with the surrounding right-of-ways such as 63rd
Street W. to the north and Wood Duck Lane to the south (also 50 feet wide) and is all that is
necessary to improve the future street, which is heavily constrained by private properties.
The applicant has proposed the dedication of Outlot A to the city, which would encompass the
delineated wetland in its entirety. Staff recommends extending the boundaries of Outlot A to
incorporate the wetland buffer. This will require a 6-foot D&U abutting Outlot A’s new
boundary line rather than the proposed 24-foot D&U. The proposed plat should be adjusted
accordingly.
STREETS
The proposed subdivision has frontage on both 63rd Street W. to the north and Wood Duck Lane
to the south. Lot 1 will maintain the existing connection to 63rd Street W. and the newly created
Lot 2 will connect to existing Wood Duck Lane right-of-way. The applicant is proposing to
reconstruct the temporary cul-de-sac at the end of Wood Duck Lane to bring it into conformance
with city standards and city ordinances. The temporary cul-de-sac standard from city Detail
Plate #5205B requires a diameter of 70 feet. The cul-de-sac is located in an area with significant
grade change to the north and one existing access to the south from 1641 Wood Duck Lane and
thus the applicant has proposed a modified temporary cul-de-sac from Detail Plate #5205B.
After review by staff, the proposed modification is generally acceptable as it meets the intent of
Detail Plate #5205B while maintaining access to 1641 Wood Duck Lane for when the street is
extended in the future. Due to the substantial grades to the north, the applicant proposes to
Planning Commission
Nye Addition
May 5, 2020
Page 6 of 12
regrade to achieve a 2:1 grade; if a retaining wall is required, all walls exceeding 4’ in height
shall be constructed in accordance with plans prepared by a registered engineer and shall be
constructed of a durable material (smooth face concrete/poured in place, masonry/mortared,
railroad ties and timber are prohibited).
GRADING & DRAINAGE
The applicant is proposing minimal grading for the subdivision. The preliminary grading plans
indicate that drainage will be routed away from the proposed new housing pad on Lot 2 and
maximum driveway grades are to be maintained at 3.7%, which is in accordance with city
ordinances. Additional grading, discussed previously under “Streets”, is required to reconstruct
the existing cul-de-sac at the end of Wood Duck Lane. Due to the grades and relative scope of
impact, the public improvements and the site grading on Lot 2 are likely to occur simultaneously.
This approach has been reviewed by staff and is acceptable as proposed.
EROSION PREVENTION AND SEDIMENT CONTROL
The proposed development will not exceed one (1) acre of disturbance and will, therefore, not be
subject to the General Permit Authorization to Discharge Stormwater Associated with
Construction Activity Under the National Pollution Discharge Elimination/State Disposal
System (NPDES Construction Permit). However, an Erosion and Sediment Control Plan (ESCP)
in adherence with the City Code of Ordinances shall be submitted for the grading operations of
the subdivision as more than 5,000 square feet of land is being disturbed. This ESCP shall be a
stand-alone document that must include the requirements listed under City Code of Ordinances
Sec. 19-145.
WATER MAIN AND SANITARY SEWER
The proposed subdivision has access to public sanitary sewer and water mains that are located
within abutting right-of-ways. The existing home on Lot 1 currently has active sanitary sewer
and water services from the mains located within 63rd Street W. right-of-way to the north. The
applicant is proposing to maintain those services. However, Lot 2 will require new services to be
tapped from the sanitary sewer and water mains located through Wood Duck Lane right-of-way
to the south. This will require the developer to extend the existing public sanitary sewer main
within Wood Duck Lane right-of-way to the east, approximately 150 lineal feet. The applicant
has shown within the preliminary plans the feasibility of this extension and the general
conformity to city Standard Specifications and Detail Plates. Prior to extending the sanitary
sewer main, the existing manhole in which the extension is to occur (MH 04-110) shall be
inspected to ensure it is in good condition and is up to city standards. Any required repairs will
be the responsibility of the developer. This extended public sanitary sewer main shall be owned
and maintained by the city after acceptance of the public improvement by the City Council. The
developer’s contractor shall schedule a preconstruction meeting with Engineering and Public
Works Utilities prior to the commencement of any work to the sanitary sewer main extension.
Planning Commission
Nye Addition
May 5, 2020
Page 7 of 12
WETLANDS
The wetland located on Lot 2 was delineated by Alliant Engineering, Inc. in the Fall of 2019.
The delineation and classification was approved by the city. As discussed previously, the
applicant is proposing to dedicate Outlot A to the city, which fully encompasses the 2019
delineated wetland located on Lot 2. There are additional wetlands within the subdivision,
located in the western portion of Lot 1, however these wetlands have already been covered by
drainage and utility easements back in 2006, and are to be maintained. The applicant is
proposing no impacts to the wetlands on either Lot 1 or 2. All requirements of the Riley
Purgatory Bluff Creek Watershed District regarding wetland buffers shall be adhered to.
STORMWATER MANAGEMENT
Article VII, Chapter 19 of the 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.” Furthermore, all conditions, comments,
and applicable permits required by Riley Purgatory Bluff Creek Watershed District shall be
adhered to.
STORMWATER UTILITY CONNECTION CHARGES
Section 4-30 of the City Code sets out the fees associated with surface water management. 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.
This fee will be applied to the new lot of record being created. It is calculated as shown in the
table below:
SURFACE WATER
DEVELOPMENT
FEE
AREA PER ACRE FEE ACRES FEE
GROSS AREA $8,490 0.831 $ 7,055.19
OUTLOT A $8,490 0.336 $ (2,852.64)
ROW $8,490 0.123 $ (1,044.27)
NET AREA 0.372 $ 3,158.28
ASSESSMENTS
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. The remaining partial hookups fees are due with the
building permit.
FEES
Based on the proposal, the following fees would be collected with the development contract:
Planning Commission
Nye Addition
May 5, 2020
Page 8 of 12
a) Administration Fee: If the improvement costs are between $500,000 and $1,000,000, 2%
of the improvement costs. If the improvement costs exceed $1,000,000, 2.5% of the first
$1,000,000 plus 1.5% of the remainder.
b) Surface Water Management Fee: $3,158.28
c) A portion of the water hook-up charge: $2,392.00/unit
d) A portion of the sanitary sewer hook-up charge: $691.00/unit
e) Park Dedication Fee: $5,800.00
f) GIS fees: $25 for the plat plus $10 per parcel
LANDSCAPING AND TREE PRESERVATION
The applicant for the Nye Addition has submitted tree canopy coverage and preservation
calculations. They are as follows:
Total upland area (excluding wetlands): 5.45 ac. or 237,794 SF
Baseline canopy coverage: 44% or 105,761 SF
Minimum canopy coverage required: 35% or 83,227 SF
Proposed tree preservation: 39% or 95,113 SF
The developer meets minimum canopy coverage for the site. A minimum of one tree is required
to be planted in the front yard of the new home as required by ordinance.
COMPREHENSIVE PARK PLAN
The city’s comprehensive park plan
calls for a neighborhood park to be
located within one-half mile of
every residence in the city. Nye
Addition is located within one-half
mile of both Curry Farms Park and
Pheasant Hill Park. These two
neighborhood park locations offer
ample amenities for those residing
in the Nye Addition.
COMPREHENSIVE TRAIL
PLAN
City trails located within both Curry
Farms Park and Pheasant Hill Park
and adjacent to Lake Lucy Road
provide convenient trail
connections for both recreation and transportation.
Planning Commission
Nye Addition
May 5, 2020
Page 9 of 12
COMPLIANCE TABLE
SUBDIVISION - FINDINGS
1. The proposed subdivision is consistent with the zoning ordinance.
Finding: The subdivision meets all of the requirements of the RSF, Residential Single-
Family District, and the Zoning Ordinance if the private street 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 the conditions of approval. The proposed subdivision contains adequate open
areas to accommodate house pads.
Lot Area
(sq. ft.)
Lot
Width
Lot
Depth Setbacks
Code (RSF) 15,000 90 125
Front/Rear: 30 feet
Side: 10 feet
Wetland: 50 feet (30-foot setback
+ 20-foot permanent buffer)
Lot 1 221,390 500 359
Lot 2 36,196 299 192
Outlot A 15,951
Right-of-Way 5,371
Total 278,909
Planning Commission
Nye Addition
May 5, 2020
Page 10 of 12
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.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
“The Chanhassen Planning Commission recommends approval of the preliminary plat to
subdivide 6.4 acres into two lots and one outlot as shown in plans dated March 27, 2020, subject
to the following conditions and adoption of the Findings of Fact and Decision Recommendation:
SUBDIVISION
Engineering:
1. Private fencing extending into the public right-of-way or into the proposed subdivision
shall be removed. Continued coordination with all affected property owners shall be the
responsibility of the developer.
2. The developer shall abandon all existing wells in accordance with all federal, state and
local regulatory agencies’ standards, and obtain all necessary permits for said
abandonments prior to building permits being issued. Prior to commencement of
abandonment activities, a copy of all required permits from the appropriate regulatory
agencies shall be provided to the city.
3. The applicant shall dedicate public right-of-way adequate for a 50-foot wide corridor for
the possible future extension of Wood Duck Lane prior to recording of final plat.
4. Outlot A shall encompass the delineated wetland and also encompass the appropriate
buffer determined by the Riley Purgatory Bluff Creek Watershed prior to recording of
final plat.
5. The developer shall reconstruct the temporary cul-de-sac located at the end of Wood
Duck Lane in accordance with city Standard Specifications and Detail Plates, subject to
Planning Commission
Nye Addition
May 5, 2020
Page 11 of 12
review and approval by the city. The extension shall be owned and maintained by the city
after acceptance of the public improvements by the City Council.
6. All retaining walls exceeding 4’ in height shall have plans and details prepared by a
registered engineer prior to issuance of a Notice to Proceed.
7. The developer shall extend the existing public sanitary sewer main within Wood Duck
Lane right-of-way. All extended sanitary sewer mains shall be public sanitary sewer
mains, owned and maintained by the city after acceptance of the public improvements by
the City Council.
8. The developer or their contractor shall schedule an inspection of the existing manhole in
which the extension is to be had from (MH 04-110) to ensure it is in good condition and
meets city standards. Any required repairs will be the responsibility of the developer.
9. The developer’s contractor shall schedule a preconstruction meeting with Engineering
and Public Works Utilities prior to the commencement of any work to the sanitary sewer
main extension.
10. All conditions, comments, and applicable permits required by the Riley Purgatory Bluff
Creek Watershed District shall be adhered to.
Parks:
1. Full park fees in lieu of parkland dedication and/or trail construction are collected. The Park
fees shall be collected in full at the rate in force upon final plat submission and approval. At
today’s rate, these fees would total $5,800 (1 lot x $5,800 per lot) for the one new lot
without an existing home.
Environmental Resources Coordinator:
1. Tree preservation fencing must be installed at the edge of grading limits prior to any
construction activities.
Building Official:
1. Demolition permits must be obtained prior to demolishing any structures on the site.
2. A building permit/plans must be submitted and approved prior to construction.
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. Separate sewer and water services must be provided for each lot.
Planning Commission
Nye Addition
May 5, 2020
Page 12 of 12
Planning:
1. An escrow of 110% of the estimated removal cost of the existing accessory structure on
Lot 2 shall be posted with the city prior to recording of the final plat. The accessory
structure must be removed within four months of the approval of the final plat.
ATTACHMENTS
1. Findings of Fact and Recommendation Decision.
2. Development Review Application.
3. Preliminary Plat Sheets dated March 27, 2020.
4. Public Hearing Notice and Affidavit of Mailing List.
5. Neighborhood Petition regarding “Nye Development_63rd Street”.
6. Petition to “Save Wood Duck Lane”.
7. City Council Minutes dated April 20, 1987.
8. E-mail from Adam Peterson dated April 28, 2020.
9. E-mail from Woody Love regarding the 60-day deadline dated March 27, 2020.
10. E-mail from Ken Ashfeld dated April 29, 2020.
g:\plan\2020 planning cases\20-06 nye addition sub and var\staff report preliminary.docx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Nye Addition for Subdivision approval.
On May 5, 2020, the Chanhassen Planning Commission met at its regularly scheduled meeting to
consider the application of Nye Addition for preliminary plat approval of property into two lots
and one outlot. The Planning Commission conducted a public hearing on the proposed
subdivision preceded by published and mailed notice. The Planning Commission heard
testimony from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single-Family Residential - RSF.
2. The property is guided in the Land Use Plan for Low Density Residential.
3. The legal description of the property is: See Attached Exhibit A
4. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse affects of the proposed subdivision. The seven affects and our findings regarding
them are:
SUBDIVISION FINDINGS
a. 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 conditions of approval are met.
b. 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 if the conditions of approval are met.
c. 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.
d. 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 will provide adequate urban infrastructure subject to
the conditions specified in this report.
e. 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.
f. The proposed subdivision will not conflict with easements of record; and
Finding: The proposed subdivision will not conflict with existing easements, but rather
will expand and provide all necessary easements.
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate stormwater drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision will have access to public utilities and streets if the
specified conditions of approval are met.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Preliminary
Plat.
ADOPTED by the Chanhassen Planning Commission this 5th day of May, 2020.
CHANHASSEN PLANNING COMMISSION
BY:
Steven Weick
g:\plan\2020 planning cases\20-06 nye addition sub and var\findings of fact.docx
AuthentIslgnID:98EDF94F•B06A•4122•A8C6-3147CSD39E84 PC Qv,C `Cec,
rCOMMUNITY DEVELOPMENT DEPARTMENT
Planning Division—7700 Market Boulevard Of SANMailingAddress— P.O. Box 147, Chanhassen, MN 55317 CRT
Phone: (952)227-1300/Fax: (952)227-1110
r
APPLICATION FOR DEVELOPMENT
lREVIEW
I rSubmittalDater! c9 I
7 I PC Date:s ,S ( d U CC Date:c 1 oll / L c60-Day Review Date: L. I 0
Section 1: Application Type (check all that apply)
Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
Comprehensive Plan Amendment 600 Subdivision (SUB)
El Minor MUSA line for failing on-site sewers $100 Create 3 lots or less 300
El Create over 3 lots 600 + $15 per lot
Conditional Use Permit(CUP)lots)
El Single-Family Residence 325 El Metes & Bounds (2 lots) 300
All Others 425 El Consolidate Lots 150
El Interim Use Permit(IUP) El Lot Line Adjustment 150
El Final Plat 700
In conjunction with Single-Family Residence..$325
Includes $450 escrow for attorney costs)*El All Others 425 Additional escrow may be required for other applications
through the development contract.
El Rezoning (REZ)
El Planned Unit Development (PUD) 750 El Vacation of Easements/Right-of-way(VAC) $300
El Minor Amendment to existing PUD 100 Additional recording fees may apply)
All Others 500
Variance (VAR) 200
El Sign Plan Review 150
El Wetland Alteration Permit(WAP)
Site Plan Review(SPR) El Single-Family Residence 150
Administrative 100 All Others 275
El Commercial/Industrial Districts* 500
Plus $10 per 1,000 square feet of building area: Zoning Appeal 100
thousand square feet)
Include number of existing employees:
El Zoning Ordinance Amendment(ZOA) 500
Include number of new employees:
El Residential Districts 500 NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
Plus $5 per dwelling unit( ,units)
Notification Sign (City to install and remove) 200
Property Owners' List within 500' (City to generate after pre-application meeting)3 per address
89 addresses)
E l Escrow for Recording Documents (check all that apply)50 per document
E l Conditional Use Permit El Interim Use Permit El Site Plan Agreement
E l Vacation El Variance El Wetland Alteration Permit
Metes& Bounds Subdivision (3 docs.)El Easements ( easements) El Deeds
TOTAL FEE: $1,467.00
Section 2: Required Information
Description of Proposal: Requesting approval to subdivide 1 existing residential parcel into 2 single family residential lots.
Property Address or Location: 1641 63rd St W
Parcel#:254150012 Legal Description:Lot 3, Block 1, Lenvilla Estates, Carver County, Minnesota
Total Acreage: 6.40 Wetlands Present? 0 Yes El No
Present Zoning: Single-Family Residential District (RSF) Requested Zoning: Single-Family Residential District (RSF)
Present Land Use Designation: Residential Low Density Requested Land Use Designation: Residential Low Density
Existing Use of Property: 1 Single Family Residence
OCheck box if separate narrative is attached.
Authentisign ID:98EDF94F-B06A-4122-A8C6-3147C5D39E84
I
r
Section 3: Property Owner and Applicant Information
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name:Engel & Volkers Contact:Woody Love
Address: 18202 Minnetonka Blvd, Ste 100 Phone: 612) 695-3001
City/State/Zip: Deephaven, MN. 55391 Cell:
Email:Authenti-: oody@woodylove.com Fax:
Signature:
wactivwzove Date:
3/1812020 11:12:00 AM CDT
PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name: Ann Nye -Trustee Contact: Ann Nye
Address: 1641 63rd St. W Phone:
City/State/Zip: Chanhassen, MN. 55331 Cell:
Email: Authentic annnye@q.com Fax:
Signature: [ait.Nçew. ttDate:
3118/7020 130 33 PM CDT
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT ENGINEER (if applicable)
Name: Alliant Engineering, Inc. Contact:Mark Rausch
Address: 733 Marquette Ave Ste. 700 Phone: 612) 758-3080
City/State/Zip: Minneapolis, MN. 55402 Cell:
Email: mrausch@alliant-inc.com Fax:
Section 4: Notification Information
Who should receive copies of staff reports? Other Contact Information:
E Property Owner Via: 0 Email 0 Mailed Paper Copy Name: _
Applicant Via: E Email El Mailed Paper Copy Address:
0 Engineer Via: Email El Mailed Paper Copy City/State/Zip:
Other* Via: Email El Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.
f
SAVE FORM PRINT FORM SUBMIT FORM
E
CITY OF CHANHASSEN
STATE OF MINNESOTA)
(ss
COTINTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
April 23,2020, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy ofthe attached notice of Public
hearing to consider a request for approval for the subdivision of 6.4 acres into two single-
family lots with variances for property located at 1641 W. 63'd Street (Nye Addition);
Zoned Single-Famity Residential (RSF)' Planning Case File No. 2020-06 to the persons
named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to
such owner, and depositing the envelopes addressed to all such owners in the United States mail
with postage fully prepaid thereon; that the names and addresses ofsuch owners were those
appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by
other appropriate records.
Kim Meuwissen, De k
Subscribed and swom to belore me
thi#dayofAo,l t ,zozo
JEA'{ M
(Seal)
lhry htlo.l ilte.da
Notary Publi
(*eEr.fr l,&b
AFFIDAVIT OF MAILING NOTICE
Dbclrlmer
This map is neither a legally ecorded map nor a survey and is not intended to tre used
as one. ihis map is a compilatlon of records, information and data located in various city,
countv. state and federal ofrces and olhe, sources regardrng the area shown. and is to
be used lor reierence purposes only The Cry does nol wanant thal the Geographrc
lnformatron System (GlS) Data used to prepare this map are enor free and the City does
not represeni that the Gls oala can be used for navigatjonal, tracking or any olher
purpoae .equinng exactng measuGment of distance or directon or preosion in the
depiction of geographic features. The pr€{eding disclaimer is provided pu6uanl to
Minnesob Statutes 5466 03. Subd 21 (2000), and the us€r of this map actnowledges
that the city shall not be liable for any damages, and exptessly waaves all claims and
agrees to defend. indemnify. and hold hamless the City from any and allclaims brought
bt User, its employees or agents. or third parties which arise out ot the use/s access or
use of data provided
tTAX NAMEI
(TAX_ADO-Ll )
<TAX-ADD-L2tr
rNext RecordrrTAX-NAilEr
ITAX_ADD_L1l
ITAX_ADD_L2r,
Subject
Parcel
Dbclalnre,
mis map as nerther a lelally re@rded map nor a survey and is not rnlended to be used
as one This map is a @mpilation ot records, infomalion and data located in various city.
counlv. stale ancl lederalofrces and olher sour@s regardlng the area shown. and is to
be ufu for reference purposes only The Crty does not wanant that lhe Geographic
lnformetron System (GlS) Data used to prepsre this map are eror f.ee and the Crty does
not represenl that the Gls Data can be used for nav€atjonal, facking or any other
purpoie requinng exactng measuremenl of distance or darcdion or precisaofl in the
depictaon of geographic features The peceding disclaimer is provided pu6uant to
Minnesota Statutes 5466 03. Subd. 21 (2000), and lhe user of this map acknowledges
thal the Crty shall not be liable to. any damages, and expressly waives all claims and
agrees lo defend, indemnify, and hold harmless the City from any and all daims bought
by user, rts employees or agenls, or third parlies which anse out of lhe users access or
use of dala providecl.
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Date: October 10,2019
To: Chanhassen City Council Planning Commission
From: West 63'd Street Neighborhood
Subject: Petition Regarding Potential Development of 1641 West 63'd Street
The West 63'd Street neighbors would like any potential development of the property at 164l
West 63'd Street to maintain the character of the neighborhood by keeping home density to a
minimum. Although we recognize the right of property owners to sell and develop their land,
we are concerned with the scope and impact that apotential development of Nye's property
at 164l West 63'd Street could have on the West 63'd Street neighborhood, especially in
relation to the following:
A. Access to any potential development; and
B. Potential demolition of the wooded areas on the property.
A.)The West 63'd Street neighborhood respectfully requests that access to any potential
development that consists of more than2 homes be from Yosemite Avenue or from Wood
Duck Lane and not from West 63'd Street due to the following concems:
1) West 63rd Street is already a heavily traveled street with confirmed traffic coming
from Audubon Circle, Blue Jay Circle, Cardinal Avenue, Ringneck Drive and Lake
Lucy Road, as well as vehicles that take West 63'd Street to cut through to Galpin
Boulevard and to Highway 7. (Please see attached map.)
In fact, in20l8 the city denied the West 63'd Street neighborhood's request to hold the
annual neighborhood National Night Out/ Night to Unite gathering on West 63'd
Street for safety reasons due to the large amount of traffic that exists on this road.
Both the congestion and speed of traffic are also a safety hazard for the many young
children that currently live on West 63'd Street.
2) If access to a new development is allowed from West 63'd Street, the additional
homeowners' cars, visitors' vehicles, garbage trucks, delivery trucks, and school
buses would add to the heavy traffic load that already exists on West 63'd Street.
Development of the property at 164l West 63'd Street would be the perfect
opportunify to decrease the traffic congestion that currently exists on West 63'd Street.
3) The current driveway for the Nye's properfy is unsuitable to become an access road
for a potential development of more than two homes due to significant safety
4)
s)
6)
concerns. First, the intersection of Audubon Circle and West 63'd Street is just a few
feet from Nye's driveway. Second, Nye's driveway, the intersection of West 63'd
Street with Audubon Circle, and the driveway of 1630 West 63rd Street all sit within
feet of each other at the top of a hill. Access at the top of this hill is already dangerous
due to the poor visibility of high speed traffic coming from both directions. Tuming
Nye's residential driveway into an access road for a potential development will create
an increased risk of accidents.
The Nye's driveway on West 63rd Street is also unsuitable for an access road because
the headlights of the large number of vehicles that would be coming and going to a
potential development would shine directly into the windows of 1630 West 63rd
Street. There would also be a risk of vehicles sliding into the residence at 1630 West
63rd Street from such an access road during the winter because of the significant slope
from the Nye property to the street.
During the slippery conditions of winter, traveling eastbound on West 63rd Street is
dangerous due to the steep downward slope toward the intersection with Yosemite
Avenue. Additional traffic coming and going on West 63rd Street creates an increased
risk for accidents.
West 63rd Street is considered a "residential" street at 31 feet wide from curb to curb,
versus a'ocollector" road like Yosemite Avenue which is 36 feet wide from curb to
curb. As a "collector" road, Yosemite Avenue is better suited to handle the heavy
construction vehicles and equipment that will be coming and going during
development.
7) In2003 Barbara Solum, owner of 1630 West 63rd Street, was told that City of
Chanhassen staff would recommend that access to any future development of Nye's
properly would not be through West 63rd Street, but rather through Yosemite Avenue
for emergency management purposes.
8) The parcel of Nye's property facing West 63rd Street would create a perfect 100-foot
lot for a single-family home because it would be of comparable size to all of the other
lots on West 63rd Street and because all utilities would be accessible to this potential
lot, creating ease in hook-ups.
B.) Our second concem is the significant impact that a potential development of 1641 West
63'd Street could have on the wooded area behind the home at 1681 West 63'd Street. The
neighbors on West 63'd Street chose to live on this street rather than in a new development
due to the character of the neighborhood with its wooded areas and mature trees. Although
trees may be considered a "renewable resource," their destruction completely transforms the
nafure of the neighborhood, removing much of its charm and character, for decades.
In conclusion, we respectfully request that the city direct access to any potential
development of the properfy at 164l West 63'd Street that consists of more than two homes
to be from the south. We also respectfully request that the city protect the woods on the
developable portions of the properfy.
Thank you,
The neighborhood of West 63'd Street
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Al-Jaff, Sharmeen
From: Woody Love <woody@woodylove.com>
Sent: Friday, March 27, 2020 3:09 PM
To: Al-Jaff, Sharmeen
Cc:Mark Rausch; CenturyLink Customer; Tim Keane
Subject: 63rd
Sharmeen
I have talked with Mark.
As applicant, we are aware that we are submitting early. Further, we are aware that any time periods,
specifically the 60 day rule, does not begin until the application deadline of April 3, 2020
Please contact me with any need for further clarification.
Woody Love
612.695.3001
Sent from my Sprint Samsung Galaxy Note10+.
1