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PC Staff Report 10-20-20PLANNING COMMISSION STAFF REPORT Tuesday,October 20,2020 Subject Consider a Request for Subdivision Approval to Create Three Lots Berrospid Addition)with a Variance for the Use of a Private Street on Property Located at 7406 Frontier Trail Section PUBLIC HEARINGS Item No:C.1. Prepared By Bob Generous,Senior Planner File No: PROPOSED MOTION: The Chanhassen Planning Commission recommends that City Council approve a three-lot subdivision with a variance for the use of a flag lot and private street subject to the conditions of the staff report and adopts the Findings of Fact and Recommendation. SUMMARY OF REQUEST The applicant is requesting subdivision approval with a variance for the use of a flag lot and private street for a three-lot single-family residential development. APPLICANT Luis Berrospid 7406 Frontier Trail Chanhassen,MN 55317 SITE INFORMATION PRESENT ZONING:Residential Single-Family DIstrict,RSF LAND USE:Residential Low Density net density 1.2 4 units per acre) ACREAGE:2.02 acres DENSITY:1.53 unitsw per net acre APPLICATION REGULATIONS Chapter 18,Subdivisions Chapter 20,Article XII,RSF”Single-Family Residential District BACKGROUND Auditors Subdivision No.2 was platted on August 24,1939.In 1968,a portion of the parcel was separated from the PLANNING COMMISSIONSTAFFREPORTTuesday,October 20,2020SubjectConsideraRequest for Subdivision Approval to Create Three Lots Berrospid Addition)withaVariancefortheUseofaPrivateStreetonPropertyLocatedat7406FrontierTrailSectionPUBLICHEARINGSItemNo:C.1.Prepared By Bob Generous,Senior Planner File No:PROPOSED MOTION:The Chanhassen Planning Commission recommends that City Council approve a three-lot subdivision withavariancefortheuseofaflaglotandprivatestreetsubjecttotheconditionsofthestaffreportandadoptstheFindingsofFactandRecommendation.SUMMARY OFREQUESTTheapplicantisrequestingsubdivision approval with a variance for the use of a flag lot and private street for a three-lotsingle-family residential development.APPLICANTLuisBerrospid 7406 Frontier Trail Chanhassen,MN55317SITEINFORMATIONPRESENTZONING:Residential Single-Family DIstrict,RSFLANDUSE:Residential Low Density net density 1.2 4 units per acre)ACREAGE:2.02 acresDENSITY:1.53 unitsw per net acreAPPLICATIONREGULATIONSChapter18,SubdivisionsChapter20,Article XII,RSF”Single-Family ResidentialDistrictBACKGROUND Auditors Subdivision No.2 was platted on August 24,1939.In 1968,a portion of the parcel was separated from the original lot Subdivision 68-1).The house on the lot was built in 1969. RECOMMENDATION Staff recommends that the Planning Commission approve the subdivision with a variance for the use of a flag lot and private street subject to the conditions of approval and adopts the Findings of Fact and Recommendation. ATTACHMENTS: Staff Report Findings of Fact and Recommendation Development Review Application Preliminary Plat Site Development Plans Revised Sheet 9 Affidavit of Mailing CITY OF CHANHASSEN PC DATE: October 20, 2020 CC DATE: November 9, 2020 REVIEW DEADLINE: October 15, 2019 CASE #: 2019-13 BY: RG, EH, TH, DN, JS SUMMARY OF REQUEST: The applicant is requesting subdivision approval with a variance for the use of a flag lot and private street for a three-lot single-family residential development. LOCATION: 7406 Frontier Trail Lot 19, Auditor’s Subdivision No. 2 APPLICANT: Luis Berrospid 7406 Frontier Trail Chanhassen, MN 55317 PRESENT ZONING: Single-Family Residential District, RSF 2020 LAND USE PLAN: Residential Low Density (net density 1.2 – 4 units per acre) ACREAGE: 2.02 acres DENSITY: 1.53 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. The city’s discretion in approving or denying a variance in conjunction with a subdivision is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance 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. PROPOSAL/SUMMARY The applicant is requesting subdivision approval to create a three-lot plat with a variance for the use of a flag lot and private street. PROPOSED MOTION: The Chanhassen Planning Commission recommends that City Council approve a three-lot subdivision with a variance for the use of a flag lot and private street subject to the conditions of the staff report and adopts the Findings of Fact and Recommendation.” 7406 Frontier Trail October 20, 2020 Page 2 SITE CONSTRAINTS Wetland Protection There is no wetland located on the property. Bluff Protection There are no bluffs on the property. Shoreland Management The property is located within a shoreland overlay district for Lotus Lake. Floodplain Overlay This property is not within a federally designated floodplain APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 20, Article XII, “RSF” Single-Family Residential District 7406 Frontier Trail October 20, 2020 Page 3 BACKGROUND Auditors Subdivision No. 2 was platted on August 24, 1939. In 1968, a portion of the parcel was separated from the original lot (Subdivision 68-1). The house on the lot was built in 1969. STREETS Access to the property will be via private street which connects to Frontier Trail, a local public street. The property being proposed to be subdivided (7406 Frontier Trail) is currently served by a private driveway that encroaches onto the northern-abutting property (7404 Frontier Trail). The applicant is proposing to remove the driveway and its current encumbrance onto the property to the north, and construct a private street to serve all three lots. Staff finds that the use of a private street is in accordance with city’s Code of Ordinances (Ordinances), Sec. 18-57. The developer will be required to adhere to all private street standards and regulations as addressed in the Ordinances, the city’s Standard Specifications and Details, and install all traffic control that is consistent with the current version of the Minnesota Manual on Uniform Traffic Control Devices. As the proposed development will have common sections of the private street that will serve two units or more with a density of less than four units per acre, the private street shall be built to a seven-ton design, paved to be a width of 20 feet, utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the fire marshal based upon guidelines provided by applicable fire codes and Ordinances. While the applicant has provided private street details and cross-sections, calculations based on in-situ soil types or the designated approved subgrade shall be supplied by a registered engineer supporting the 7-ton street design. It is recommended that a Homeowners Association be formed and the declarations address the maintenance responsibilities and associated costs of repairs for the private street. As the private street is not within an Outlot, private access agreements will need to be recorded to grant Lots 1 and 2 the right for ingress/egress. Lastly, review of the required dead-end fire apparatus road turnaround found that the modified hammerhead approach would not allow for a proper turning movement of the Fire Department’s design vehicle (Engine #1). The applicant shall update the turnaround design to allow for proper turning movements, and provide the city updated plans for review and approval. All other Fire Department comments and conditions associated with the private street shall be adhered to. Private streets serving up to four lots may be permitted in residential developments with a density of less than four units per acre if the criteria in variance Section 18-22 are met and upon consideration of the following: 1) The prevailing development pattern makes it unfeasible or inappropriate to constrict a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. 7406 Frontier Trail October 20, 2020 Page 4 2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the Comprehensive Plan. 3) The use of a private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. The use of the private street meets the criteria specified in City Code since it is not necessary to provide access to adjacent properties, would create an excessive amount of hardcover with minimal public benefit and would require even more environmental impacts. EASEMENTS AND RIGHT-OF-WAY The applicant is proposing mostly typical public drainage and utility easements (D&U) along the proposed subdivision’s lot lines. However, due to existing and proposed public utilities, the applicant has provided additional D&U on Lot 3 of the proposed subdivision. A 10’ D&U on the west lot line of Lot 3 was added to accommodate the proper maintenance and repair of an existing 6” cast iron water main, along with a 15’ wide D&U over the proposed 21” reinforced concrete stormwater conveyance system near the northeast corner of Lot 1. Furthermore, additional D&U is being proposed over the private street to accommodate the newly proposed public sanitary sewer main, and public water main. Encroachment agreements for any private infrastructure or improvements within public D&Us will be required prior to recording of final plat. The subdivision abuts Frontier Trail, a residential public street just west of Lotus Lake. As currently platted, the property’s northeast corner extends over Frontier Trail. In order for proper maintenance and access to the public street and utilities, dedication of additional right-of-way over Frontier Trail is required. The preliminary and final plat submitted by the applicant illustrates dedicating this additional right-of-way and was reviewed by staff to be adequate; at its maximum width the applicant has proposed the dedication of an additional 30’ of right-of-way, see Figure 1 below. 7406 Frontier Trail October 20, 2020 Page 5 EXISTING CONDITIONS SURVEY The applicant had provided with the original Development Review Application, submitted August 16, 2019, an existing conditions survey that generally met the requirements of Sec. 18-40. The only required information that was not provided were the locations of all existing utilities such as sanitary sewer mains and laterals, and water mains and laterals (Sec. 18-40 (2)i). The applicant shall submit an updated survey upon submittal of final construction plans illustrating all existing utilities within and surrounding the property. The existing conditions survey and civil plan sheets show an existing retaining wall that appears to be built to benefit the property to the south (7460 Frontier Trail) encroaching into the southeast corner of the proposed subdivision. Additionally, a hard surface improvement (a driveway) is also encroaching from the property to the south into the proposed subdivision in the same location. As these encroachments will be within the newly platted public drainage and utility easement for Lot 1, the applicant shall file for an encroachment agreement concurrently with the recording of final plat. Any and all conditions required by the County Surveyor for recording of the final plat must be met prior to recording. 7406 Frontier Trail October 20, 2020 Page 6 GRADING AND DRAINAGE The site slopes generally from west to east, with the west side of the site having an elevation of approximately 972 feet and the east side having an elevation of 922 feet. Due to this approximate 50 foot change in elevation, the private street grade has been designed to maintain a maximum 10% grade for approximately 100 feet, then gradually transitions over another 50 feet to achieve a 2% grade, before teeing into Frontier Trail. The proposed grading plan maintains the overall drainage pattern from the existing conditions. The existing house on Lot 3 is located on the western portion of the site, and the newly proposed Lots 1 and 2 are on the eastern portion. As the newly created Lots are down gradient of the site’s drainage, it is imperative that they are graded as to steer stormwater runoff from the proposed houses. Updated grading plans from the applicant shall illustrate the drainage arrows around the homes on Lot 1 and 2 to ensure it is graded to drain stormwater away from the building’s location. Lastly, the geotechnical report by Paul Gionfriddo, P.E. (Lic #23093) with Haugo GeoTechnical Services indicates that the in-situ soils are not suitable for foundation, driveway (private street) or utility support and will need to be removed and replaced with suitable compacted fill. All recommendations from the geotechnical report shall be adhered to, and a geotechnical engineering firm shall be on-site during grading operations as required to ensure the city’s Standard Specifications and Detail Plates are adhered to along with any Minnesota Building Code requirements. Although groundwater was not encountered on the initial boring, a double ring infiltration test was attempted and the test pit began to fill with water from the saturated soils in the vicinity. If groundwater is encountered during grading, the grades shall be adjusted to maintain a 3-foot separation from the bottom floor elevation and adhering to the recommendations of the soil engineer on site. Changes to grades shall be submitted to the city for review and approval. 7406 Frontier Trail October 20, 2020 Page 7 RETAINING WALLS The applicant is proposing three retaining walls within the subdivision due to the grade changes discussed above in “Grading and Drainage”. The height of any retaining wall is measured from the top of the wall to the bottom of the footing (not to the top of grade). Two of the three retaining walls will have a height greater than four (4) feet. These walls shall be constructed in accordance with plans prepared by a registered engineer and shall be constructed of a durable material (smooth face concrete, masonry/mortared, railroad ties and timber are prohibited). No such plans or details were submitted with the construction plans, and must be provided prior to issuance of grading permits. Lastly, the retaining wall supporting the required fire apparatus access road turnaround, located on Lot 3, will be required to account for the surcharge of the Fire Department’s design vehicle (Engine 1). The required analysis and plans shall be provided to the city fo r review and approval. 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 accordance with Ordinances shall be submitted for the grading operations of the subdivision as more than 5,000 square feet of land is being disturbed. The applicant has provided an ESCP, and while overall the plan appears feasible, it is deficient as it does not include all the requirements listed under Sec. 19- 145.(a)(2) such as the requirement that drainage boundaries and direction of drainage pre- and post- development be indicated. As such, the applicant shall update the ESCP and resubmitted for review and approval prior to grading operations. Additional comments regarding the ESCP can be found under the Recommendations for “Construction Plans”. SANITARY SEWER AND WATER MAIN The proposed subdivision has access to public sanitary sewer and water that is located within abutting right-of-way and/or public drainage and utility easements. Access to an 8” vitrified clay sanitary sewer main can be had from within a public drainage and utility easement abutting the property to the north (7404 Frontier Trail). Access to a 6” cast iron water main can be had from within the right-of-way of Frontier Trail, abutting the property to the east. The applicant is proposing to extend both of these public utilities into the subdivision. The plans shall be updated to abandon the existing services up to the mains and install all new services to the each lot within the subdivision. These new services will be had from the newly extended utilities. Water and sanitary sewer hook-up charges will only be required for Lots 1 and 2, and not for Lot 3 where the existing home is located. The applicant’s contractor shall coordinate with the Public Works department 48- hours prior to connecting to any public mains. The extension of the public mains throughout the development shall be owned and maintained by the city after acceptance of the public improvements by the City Council. As the sanitary sewer main is located within a 25’ wide public D&U to the north, access to the main will be available. Nonetheless, continued coordination with the property owner of 7404 Frontier 7406 Frontier Trail October 20, 2020 Page 8 Trail shall be conducted by the applicant and their contractor(s). Construction plans shall be updated to show that utility work in the D&U will not encroach onto private property (e.g. temporary perimeter fencing to delineate construction limits) unless temporary construction easements are provided, and a note prescribing that restoration of all disturbed areas will be performed to match or improve the existing site conditions. Prior to commencement of any utility work, a copy of all required permits from the appropriate regulatory agencies shall be provided to the city which shall include but is not limited to the Minnesota Department of Health, Metropolitan Council Environmental Services, and the Minnesota Pollution Control Agency. STORMWATER MANAGEMENT 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.” These standards include abstraction of 1.0 inch of runoff from the new impervious surfaces created by the project and water quality treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total phosphorous (TP). The applicant has worked with the Riley Purgatory Bluff Creek Watershed District (RPBCWD) and the city and has generally met all the requirements. The applicant submitted a preliminary Drainage Narrative (DR) produced by Eric Fagerberg, P.E. Lic. #53772) with James R. Hill, Inc. The applicant proposes volume control, rate control and water quality treatment of stormwater runoff with the use of an underground infiltration chamber located on the east side of the development (east side yard of Lot 1). Based on the information and analysis provided in the DR regarding treatment of stormwater for TS and TPP, the underground infiltration method proposed is sufficient to meet the requirements of the city and rate controls have been shown to reduce post-construction flows from pre-existing flows. One point of clarification is whether the ditch checks on the plans are for construction stormwater practices or permanent stormwater treatment; if they are temporary BMPs during construction, they should not be included in the P8 modeling. Furthermore, volume control (abstraction) was met as the soil borings and analysis identifying “Type D” soils (slow draining, “tight” soils with an infiltration rate of 0.06 in./hr.), which qualified the project site to be restricted through RPBCWD rules. The classification of a restricted site lowers the required abstraction to 0.55 inches, in which the applicant has shown to provide abstraction to the maximum extent practicable with 0.27 inches of abstraction (approved by RPBCWD engineer), which is acceptable to staff. Ordinances require buildings to maintain at least three feet of freeboard adjacent ponding areas and floodplains. Per the submitted HydroCAD model by the applicant, the underground infiltration system has a 100-year HWL of 925.00 feet, and the adjacent home on Lot 1 has a low floor elevation of 927.00 feet (two feet of freeboard). As such, the applicant shall modify the low floor elevation of the building on Lot 1 to allow for three feet of freeboard. Plans, and if necessary models, shall be resubmitted for review and approval. Along with the updated plans, the applicant shall submit 7406 Frontier Trail October 20, 2020 Page 9 rational-method calculations to confirm that the storm sewer is adequately sized for a 10-year rainfall event. Lastly, the applicant shall provide an operation and maintenance plan (O&M) for the private stormwater BMPs. The O&M of private stormwater BMPs is required in perpetuity and must be approved by the Water Resources Coordinator, or their designee, to be recorded against the benefiting properties. It is recommended that a Homeowners Association be formed and the declarations address the maintenance responsibilities and associated costs of repairs and maintenance of the private stormwater facilities. All conditions, comments, and applicable permits required by Riley Purgatory Bluff Creek Watershed District shall be adhered to. WETLANDS AND BUFFERS A portion of the eastern part of the parcel has the potential to be considered a wetland. The area is a low depression in the landscape. Additionally, an initial review of soil data in the area shows this area to be classified as Hamel loam, 0 to 2 percent slopes, which is considered a hydric soil. As such, it is possible that a wetland exists in this area. A wetland delineation should be submitted to verify the presence of wetlands on the property. In addition, submitted plans show areas of cut and fill in this potential wetland area. If this is a wetland and it will be impacted, an approved wetland replacement plan must be submitted and approved through the Wetland Conservation Act approval process before any wetlands can be impacted. If a wetland exists on the property, a wetland buffer and setback will need to be maintained. To determine the required wetland buffer width, a Minnesota Routine Assessment Method (MnRAM) survey will need to be completed and approved (likely in conjunction with the wetland delineation) to determine the wetland classification. STORMWATER UTILITY CONNECTION CHARGES Section 4-30 of 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 lots 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 $8,320 0.7690 $6,398.08 Right-of-Way $8,320 -0.0600 $(499.20) NET AREA 0.3503 $5,898.88 7406 Frontier Trail October 20, 2020 Page 10 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; 2020 rates for partial hookup fees are $691.00 per unit for sanitary sewer and $2,392.00 per unit for water. 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: 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: $5,898.88 c) A portion of the water hookup charge: $2,392.00/unit d) A portion of the sanitary sewer hookup charge: $691.00/unit e) Park Dedication Fee: $11,600.00 f) GIS Fees: $25 for the plat plus $10 per parcel LANDSCAPING AND TREE PRESERVATION The applicant for the Berrospid Addition property development has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding ROW) 1.9 ac. or 85,277 SF Baseline canopy coverage 96% or 82,517 SF Minimum canopy coverage required 55% or 46,902 SF Proposed tree preservation 55% or 47,277 SF The developer appears to meet minimum canopy coverage for the site, but will need to verify calculations before final approval. The tree preservation plan does not match the disturbed area shown in the plan set. The applicant will be required to plant replacement trees if tree removal for the subdivision falls below the minimum allowable area of preservation. Disturbance is shown on the neighboring property to the north. Tree removal must be kept to a minimum and preserved trees must be fenced for protection. A minimum of one tree is required to be planted in the front yard of each new home as required by ordinance. No buffer yards are required as all neighboring properties have the same land use. PARKS & RECREATION The quality and number of recreational facilities in a community directly contributes to its quality of life. For this reason, the City of Chanhassen places a strong emphasis on parks and open space. 7406 Frontier Trail October 20, 2020 Page 11 Parks The goal of neighborhood parks is to provide informal recreational opportunities close to where people live. Chanhassen operates under the standard that all residents should be within walking distance, or a half mile, of a neighborhood park. The proposed subdivision is located within ½ mile of South Lotus Lake Park, Kerber Pond Park and City Center Park. Trails The city’s goal is to maintain a comprehensive and easily navigable trail and sidewalk system that connects neighborhoods to park and recreation facilities, schools, community destinations and other communities. No additional trails are required of this subdivision. Park and Trail Conditions of Approval Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for Berrospid Addition for the two new housing units only. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the city’s 2020 single-family park fee of $5,800 per unit, the total park fees for Berrospid Addition would be $11,600. MISCELLANEOUS The private road will follow City of Chanhassen Code for Private Roads – including a turnaround for emergency vehicles. The road is over 150 feet in length. Building plans must provide sufficient information to verify that the proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. A building permit must be obtained before beginning any construction. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. If any soil corrections are done on the property, a final grading plan and soil report must be submitted to the Inspections Division before permits will be issued. COMPLIANCE TABLE Area (sq. ft.) Width (ft.) Depth (ft.) Hard Cover sq. ft. Notes Code 15,000 100 # 125 25 / 3,750 #Lots served via private street must have 100 ft. of width at building setback Lot 1 18,289 106 154 25/ 4,572 North property line is designated front lot line. This is a corner lot for setback purposes. 7406 Frontier Trail October 20, 2020 Page 12 Lot 2 15,208 100 152 25 / 3,802 North property line is designated front lot line. Lot 3 44,520* 193 316 25 /11,130 *7,260 sq. ft. of the neck lot area excluded from total lot area of 51,780 sq. ft.; east lot line is front property line ROW 2,614 0.06 ac. Total 87,891 2.02 acres Setbacks: 30 Feet Front and Rear; 10 Feet Side Sec. 20- 922. - Designation of alternate front lot lines for single-family dwellings For single-family dwellings, the front yard shall be the line nearest the public right-of-way that provides access to the parcel unless: 1) The City Council designates an alternate front lot line as part of the subdivision. In this instance, the front lot lines for Lots 1 and 2 shall be the northerly lot line adjacent to the private street. RECOMMENDATION Staff recommends that the Planning Commission approve the subdivision with a variance for the use of a flag lot and private street subject to the following conditions and adopts the Findings of Fact and Recommendation: Building 1. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 2. A building permit must be obtained before beginning any construction. 3. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 4. If any soil corrections are done on the property, a final grading plan and soil report must be submitted to the Inspections Division before permits will be issued. Engineering 1. All driveways shall have direct access only to the proposed private street. 7406 Frontier Trail October 20, 2020 Page 13 2. Construction plans shall be updated to show the 25’ D&U located on 7404 Frontier Trail, the means of how utility work in the D&U will not encroach onto private property, and a note prescribing restoration methods of the disturbed areas within the D&U. 3. All applicable permits required by the Riley Purgatory Bluff Creek Watershed District shall be obtained and adhered to. 4. Calculations supporting the 7-ton private street design shall be submitted by a professional engineer for review and approval prior to grading operations. 5. The private street shall be owned and maintained by the benefiting properties. 6. The applicant shall update the fire apparatus access turnaround design to allow for proper turning movements of the Fire Department design vehicle (Engine #1), and provide the city with updated plans for review and approval. 7. Encroachment agreements for any proposed private infrastructure or improvements shall be provided prior to recording of the final plat. 8. An updated existing conditions survey shall be submitted prior to grading operations that includes all existing utilities within and surrounding the property. 9. An encroachment agreement for all existing structures within public drainage and utility easements, regardless of ownership, shall be filed concurrently with the recording of the final plat. 10. Updated grading plans shall be submitted that illustrate drainage arrows and adequate grading to drain stormwater away from structures, specifically the proposed homes on Lots 1 and 2, prior to grading operations. 11. Recommendations from Haugo GeoTechnical Services shall be adhered to. 12. A geotechnical engineering firm shall be on-site during grading operations as required to ensure conformance to City Standards and Specifications and all Minnesota Building Codes. 13. Grades shall be adjusted to maintain a three (3) foot separation from the bottom floor elevation if groundwater is encountered; any changes to grades shall be submitted to the city for review and approval. 14. The retaining wall supporting the required fire apparatus access road turnaround shall account for the surcharge of the Fire Department’s design vehicle (Engine #1). The required analysis and plans shall be provided to the city for review and approval. 7406 Frontier Trail October 20, 2020 Page 14 15. An erosion and sediment control plan in accordance with Sec. 19-145 of City Ordinances shall be included with updated plan submittals prior to grading operations. 16. Existing water and sewer service laterals shall be abandoned at the main. All services shall be had from the newly extended water main and sanitary sewer main. 17. All newly installed sanitary sewer and water mains and appurtenances shall be publicly owned and maintained by the city after acceptance of the public improvements by the City Council. 18. Prior to commencement of any utility work, a copy of all required permits from the appropriate regulatory agencies shall be provided to the city which shall include but is not limited to the Minnesota Department of Health, Metropolitan Council Environmental Services, and the Minnesota Pollution Control Agency. 19. The newly installed stormwater facilities and appurtenances shall be owned and maintained by the benefiting properties. 20. Lot 1’s low floor elevation shall be adjusted to allow for three feet of freeboard from the 100-year HWL of the underground infiltration system. 21. The applicant shall submit rational-method calculations to confirm that the storm sewer is adequately sized for a 10-year rainfall event. 22. All applicable permits required by the Riley Purgatory Bluff Creek Watershed District shall be obtained and adhered to. 23. The applicant shall enter into a Development Contract with the city and pay all the applicable fees and securities prior to recording of final plat. 24. A wetland delineation and MnRAM should be submitted and approved to determine if wetlands are present on the property. 25. If wetlands exist on the property and impacts to the wetland (cut or fill) are proposed, a wetland replacement plan must be submitted and approved before any wetland impacts can occur. Construction Plans 1. On sheet 1.0, Title Sheet: update contact information for City Engineer to “Charles Howley, P.E., LEED AP”. 2. On sheet 2.0, Grading Plan: as no site plan was provided call-out dimensions of turnaround and the radii for the private street; add call-out to relocate utility pole and light near the top and within the private street; clearly label or depict that no encroachment into the property to 7406 Frontier Trail October 20, 2020 Page 15 the north is proposed as it appears the radius of private street that connects to Frontier Trail extends into property to the north; add detail #5202A to detail sheets as it is being called out on this plan sheet; add to legend D&U line; show EOF(s) on plan sheet. 3. On sheet 2.1, Erosion & Sediment Control Plan: update hatching for “stabilized construction entrance” to be consistent with the legend for construction entrance; construction entrance must meet the dimensions of the standard detail plate (50’ long and 20’ wide minimum), update plans accordingly; add disturbance limits to the area impacted by the water tie-in near hydrant; add dewatering notes; add note that final stabilization of areas outside subdivision/property (i.e. disturbance near water main tie-in and sanitary sewer tie-in) need to be restored to existing or better condition; add to legend check dams, indicate whether temporary or permanent. 4. On sheet 3.0, Utility Plan: consider use of HDPE rings on sanitary manhole in street to allow for slope, call-out if they are to be used; the curb stop location for Lot 3 shall be at the D&U line, ensure call-out for cover aligns with detail #5208; trees are located over the newly proposed sanitary sewer which has been assumed to be open trench, however, the trees are indicated to be saved, clarify and update plans accordingly; existing services shall be abandoned at the main and all service laterals will be had from the extension of new utilities, update plans accordingly; all public sanitary sewer mains and water mains require profile views, update accordingly; a wet-tap will not be approved and a tee with sleeves shall be installed, coordination with the Public Works department 48-hours prior to the connection must be had as valves will have to be shut, notes must be added to this effect; On sheet 4.0, Construction Details; update all detail plates to the most recent versions, an update occurred during 2020 and not all detail plates. Environmental Resources 1. The applicant shall verify tree removal and disturbed area calculations to determine actual tree preservation before final approval. 2. Tree preservation fencing must be installed at the edge of grading limits prior to any grading activities. Fire 1. The private road will need to follow City of Chanhassen Code for Private Roads – including a turnaround for emergency vehicles. Parks 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected at the rate in force upon final plat submission and approval for the two new lots. 7406 Frontier Trail October 20, 2020 Page 16 Planning 1. The front lot line for Lots 1 and 2 shall be the northerly property line. 2. An access and maintenance agreement for the private street shall be recorded with the plat. ATTACHMENTS Findings of Fact and Recommendation Development Review Application Preliminary Plat Site Development Plans Revised Sheet 9 Public Hearing Notice and Mailing List g:\plan\2019 planning cases\19-13 7406 frontier trail sub and var\_resubmittal 9-18-20\staff report berrospid addition 2020.docx 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Luis Berrospid – Planning Case No. 2019-13, Berrospid Addition. Request for Subdivision Approval creating three lots and right-of-way fo r public streets with a Variance for the use of a flag lot and private street located at 7406 Frontier Trail. On October 20, 2020, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Luis Berrospid for a single-family residential development. The Planning Commission conducted a public hearing on the proposed development 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 District, RSF. 2. The property is guided in the Land Use Plan for Residential – Low Density uses. 3. The legal description of the property is shown on the attached Exhibit A. 4. SUBDIVISION FINDINGS a. The proposed subdivision is consistent with the zoning ordinance and meets all of the requirements of the “RSF” Single-Family Residential District; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's Comprehensive Plan; 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; 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; e. The proposed subdivision will not cause significant environmental damage subject to compliance with conditions of approval; f. The proposed subdivision will not conflict with easements of record, but rather will expand and provide all necessary easements; 2 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. 5. VARIANCE FINDINGS WITH A SUBDIVISION a. The hardship is not a mere inconvenience by providing reasonable access to three properties while reducing potential impacts to the natural features on the site; b. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land including trees; a public street is not necessary to provide access to adjacent properties; c. The condition or conditions upon which the request is based are unique and not generally applicable to other property because of the previously stated conditions of the property; d. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of subdivision regulations, the zoning ordinance and Comprehensive Plan since it will reduce potentially significant impacts on the site. 6. The planning report #2019-13 dated October 20, 2020, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the proposed Preliminary Plat approval for two lots and public right-of-way with a Variance for the use of a flag lot and private street for a single-family detached subdivision. ADOPTED by the Chanhassen Planning Commission this 20th day of October, 2020. CHANHASSEN PLANNING COMMISSION BY: Steven Weick, Chairman 3 Exhibit A Lot 19, Auditor’s Subdivision No. 2, Carver County, Minnesota, except that part described as follows: Commencing at the most Southerly corner of said Lot 19, thence North along the West line of said lot 340 feet, thence Easterly deflecting at an angle of 90°10’ to the right from said last described course, a distance of 272.8 feet; thence Northeasterly deflecting to the left at an angle of 27°44’ from said last described course, a distance of 309.6 feet to a point in the Northeasterly line of said Lot 19; thence Southeasterly along the Northeasterly line of said Lot 19 a distance of 162.21 feet more or less, to the Southeasterly or most Easterly corner of said lot, thence Westerly and Southwesterly along the Southerly line of Lot 19 to the point of beginning. g:\plan\2019 planning cases\19-13 7406 frontier trail sub and var\_resubmittal 9-18-20\findings of fact recommendation.docx a c., 1 1 3 lR,&- COMMUNITY DEVELOPMENT DEPARTMENT Planning Division —7700 Market Boulevard CITY OFCIIANIIASSNMailingAddress—P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300/Fax: (952)227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date // qIIC." / / Y PC Date i 1 /-7 / 19 CC Date: /O/f Ll /19 60-Day Review Date: IC) f ( S I/ q( 1 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 El Subdivision (SUB) Minor MUSA line for failing on-site sewers $100 Z Create 3 lots or less .. 300 Create over 3 lots 600 + $15 per lot Conditional Use Permit(CUP) lots) Single-Family Residence 325 Metes & Bounds (2 lots) 300 All Others 425 Consolidate Lots 150 Interim Use Permit(IUP) Lot Line Adjustment 150 In conjunction with Single-Family Residence..$325 Final Plat 700 Includes $450 escrow for attorney costs)* 425AllOthers Additional escrow may be required for other applications through the development contract. Rezoning (REZ) Planned Unit Development(PUD) 750 Vacation of Easements/Right-of-way(VAC) $300 Minor Amendment to existing PUD 100 Additional recording fees may apply) All Others 500 tel Variance (VAR)200 Sign Plan Review 150 Wetland Alteration Permit(WAP) Site Plan Review (SPR) Single-Family Residence 150 Administrative 100 All Others 275 Commercial/Industrial Districts* 500 Plus $10 per 1,000 square feet of building area: El Zoning Appeal 100 thousand square feet) Include number of existing employees: Zoning Ordinance Amendment (ZOA) 500 Include number of new employees: 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 I Property Owners' List within 500' (City to generate after pre-application meeting) 3 per address ln addresses) 17-07 Escrow for Recording Documents (check all that apply) 50 per document Conditional Use Permit Interim Use Permit Site Plan Agreement Vacation Variance Wetland Alteration Permit Metes & Bounds Subdivision (3 docs.)Easements ( easements) Deeds)tJ s= TOTAL FEE: )69S7. i7 Section 2: Required Information Description of Proposal: Preliminary and Final Plat of one parcel into two lots. Property Address or Location: 7406 Frontier Trail, Chanhassen, MN Parcel #: 250800300 Legal Description: attached Total Acreage: 2.02 Wetlands Present? Yes 10 No Present Zoning: Single-Family Residential District(REE Requested Zoning: Single-Family Residential District(RSFf Present Land Use Designation: Residential Low Dens Requested Land Use Designation: Residential Low Density Existing Use of Property: residential home site CITY OF CHANHASSEN Check box if separate narrative is attached. RECEIVED AUG 16 2019 CHANHASSEN PLANNING DEPT 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: Luis Berrospid Contact: Luis Berrospid Address: 7406 Frontier Trail Phone: City/State/Zip: Chanhassen, MN 55317 Cell: 763)280-0528 Email: errospidC•; .1 .c•Fax: Signature: troifiA.„4— Date: G Mi PROPERTY OWNE . In igning 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: same Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER(if applicable) Name: James R. Hill, Inc. Contact: Rick L. Osberg, PE Address: 2500 County Rd. 42 West, Ste 120 Phone: 952) 890-6044 City/State/Zip: Burnsville, MN 55337 Cell: 612)437-7690 Email: rosberg@jrhinc.com Fax: Section 4: Notification Information Who should receive copies of staff reports? Other Contact Information: O Property Owner Via: 0 Email Mailed Paper Copy Name: Applicant Via: [' Email Mailed Paper Copy Address: 0 Engineer Via: 0 Email Mailed Paper Copy City/State/Zip: Other* Via: Email 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. SAVE FORM PRINT FORM SUBMIT FORM BEARINGS ARE BASED ON THE NORTHEASTERLY LINE OF LOT 19, AUDITOR'S SUBDIVISION NO. 2 WHICH IS ASSUMED TO HAVE A BEARING OF S 31°07'13" E. VICINITY MAP DENOTES FOUND 1/2 INCH IRON MONUMENT DENOTES SET 1/2 INCH BY 14 INCH IRON MONUMENT WITH CAP MARKED R.L.S. NO. 47481 DRAINAGE AND UTILITY EASEMENTS BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING LOT LINES, AND BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THE PLAT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: DRAWN BY DATE REVISIONS PL0 1 1 CAD FILE SS.GZJ PROJECT NO. SHEET 1 OF 1 PROPER BERROSPID ADDITIONST. 0ICHAEL 0INNESOTAPRELIMINARY PLATFORLUIS BERROSPID FRONTIER TRAIL CHANHASSEN 0INNESOTA WEST C.R. S8ITE 1 B8RNSVILLE 0N PHONE PKDPSWRQ#MUKLQF.FRPPLANNERS EN*INEERS S8RVEYORSZZZ.MUKLQF.FRPJames R. Hill, Inc.Lot 19, Auditor's Subdivision No. 2, Carver County, Minnesota, except that part described as follows: Commencing at the most Southerly corner of said Lot 19; thence North along the West line of said lot 340 feet, thence Easterly deflecting at an angle of 90°10' to the right from said last described course, a distance of 272.8 feet; thence Northeasterly deflecting to the left at an angle of 27°44' from said last described course, a distance of 309.6 feet to a point in the Northeasterly line of said Lot 19; thence Southeasterly along the Northeasterly line of said Lot 19 distance of 162.21 feet DRI-1 SB-1 DRI-1 SB-1 DRI-1 SB-1 DRI-1 SB-1 G TREE REMOVALS REF. #SIZE & TYPE 107 6" MAPLE 108 19" ELM 109 10" ASH 110 11" ELM 111 20" ASH 112 6" MAPLE 113 8" BOX ELDER 114 9" BOX ELDER 115 8" BOX ELDER 116 7" BOX ELDER 117 8" BOX ELDER 124 21" BOX ELDER 125 8" BOX ELDER 126 15" BOX ELDER 127 8" BOX ELDER 128 6" MAPLE 129 16" BOX ELDER 130 14" ASH 131 8" MAPLE 132 9" MAPLE 133 7" MAPLE 134 7" MAPLE 135 8" MAPLE 136 21" BOX ELDER 137 7" BOX ELDER 138 9" BOX ELDER 139 17" BOX ELDER 140 17" BOX ELDER 141 10" BOX ELDER 142 6" MAPLE 143 9" BOX ELDER 144 6" MAPLE 145 13" BOX ELDER 146 15" BOX ELDER 149 6" MAPLE 150 12" BOX ELDER 153 14/13/10" MAPLE 154 10" ELM 155 14/13" ASH 156 9" MAPLE 157 7" MAPLE 158 12" MAPLE 159 12" MAPLE 160 8" MAPLE 161 9" MAPLE 162 7" MAPLE 163 11" MAPLE 164 12" MAPLE 165 7" MAPLE 166 8" MAPLE 167 7" MAPLE 168 7" MAPLE 169 22" ELM 170 10" MAPLE 171 9" MAPLE 172 11" MAPLE 173 12" MAPLE 174 6" MAPLE 175 12" HACKBERRY 176 13" MAPLE 177 15" ASH 178 8" MAPLE 179 16" MAPLE 180 15" ELM 181 11" MAPLE TREE REMOVALS REF. #SIZE & TYPE SAVE/REMOVE 100 19" BOX ELDER SAVE 101 8" MAPLE SAVE 102 10" BOX ELDER SAVE 103 14" BOX ELDER SAVE 104 13" BOX ELDER SAVE 105 12" BOX ELDER REMOVE 106 30" MAPLE SAVE 107 6" MAPLE REMOVE 108 19" ELM REMOVE 109 10" ASH REMOVE 110 11" ELM REMOVE 111 20" ASH REMOVE 112 6" MAPLE REMOVE 113 8" BOX ELDER REMOVE 114 9" BOX ELDER REMOVE 115 8" BOX ELDER REMOVE 116 7" BOX ELDER REMOVE 117 8" BOX ELDER REMOVE 118 7" BOX ELDER SAVE 119 8" MAPLE SAVE 120 9" BOX ELDER SAVE 121 10" ASH SAVE 122 8" ELM SAVE 123 9" BOX ELDER SAVE 124 21" BOX ELDER REMOVE 125 8" BOX ELDER REMOVE 126 15" BOX ELDER REMOVE 127 8" BOX ELDER REMOVE 128 6" MAPLE REMOVE 129 16" BOX ELDER REMOVE 130 14" ASH REMOVE 131 8" MAPLE REMOVE 132 9" MAPLE REMOVE 133 7" MAPLE REMOVE 134 7" MAPLE REMOVE 135 8" MAPLE REMOVE 136 21" BOX ELDER REMOVE 137 7" BOX ELDER REMOVE 138 9" BOX ELDER REMOVE 139 17" BOX ELDER REMOVE 140 17" BOX ELDER REMOVE 141 10" BOX ELDER REMOVE 142 6" MAPLE REMOVE 143 9" BOX ELDER REMOVE 144 6" MAPLE REMOVE 145 13" BOX ELDER REMOVE 146 15" BOX ELDER REMOVE 149 6" MAPLE REMOVE 150 12" BOX ELDER REMOVE 153 14/13/10" MAPLE REMOVE 154 10" ELM REMOVE 155 14/13" ASH REMOVE 156 9" MAPLE REMOVE 157 7" MAPLE REMOVE 158 12" MAPLE REMOVE 159 12" MAPLE REMOVE 160 8" MAPLE REMOVE 161 9" MAPLE REMOVE 162 7" MAPLE REMOVE 163 11" MAPLE REMOVE 164 12" MAPLE REMOVE 165 7" MAPLE REMOVE 166 8" MAPLE REMOVE 167 7" MAPLE REMOVE 168 7" MAPLE REMOVE 169 22" ELM REMOVE 170 10" MAPLE REMOVE 171 9" MAPLE REMOVE 172 11" MAPLE REMOVE 173 12" MAPLE REMOVE 174 6" MAPLE REMOVE 175 12" HACKBERRY REMOVE 176 13" MAPLE REMOVE 177 15" ASH REMOVE 178 8" MAPLE REMOVE 179 16" MAPLE REMOVE 180 15" ELM REMOVE 181 11" MAPLE REMOVE 195 10" MAPLE SAVE 196 7" BASSWOOD SAVE 201 9" MAPLE SAVE 203 7" ELM REMOVE 209 14" MAPLE SAVE 210 10" MAPLE SAVE 213 30" BASSWOOD SAVE 214 6" MAPLE SAVE 215 7" MAPLE SAVE 216 18" MAPLE SAVE 217 10" MAPLE SAVE 218 19" MAPLE REMOVE 219 26" MAPLE REMOVE 220 12" IRONWOOD SAVE 221 23" PINE SAVE 222 8" IRONWOOD SAVE 223 16/11" BASSWOOD REMOVE 224 7" IRONWOOD REMOVE 225 13" BOX ELDER REMOVE 226 14" MAPLE REMOVE 227 27" MAPLE REMOVE 228 22" MAPLE REMOVE 229 29" MAPLE REMOVE 230 6" ELM REMOVE 231 26" MAPLE SAVE CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ss. COUNTYOFCARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on October 8,2020, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice ofa Public Hearing to consider a request for subdivision approval to create three lots (Berrospid Addition) with a variance for the use of a private street. Zoned Single-Family Residential RSF), Planning Case No.20l9-13 (Resubmittal 9-f8-20) 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. Ki T. Meuwissen,lerk Subscribed and this!L day o swom to before me 4..r fQl_kjcr-..C_,2020. Notarv Public Seal) t M Elt . &n 31,2(p. oBclllmcr This map is neither a legally recorded map nor a survey afld is not intended to be used as one. This map is a compilatron of records, infomalion and data located in various cjty. county. state and federal offices and other sources regarding the aaea shown. and is to be used for reference purposes only. The City does not wenant that the Geographic lnformation System (GlS) Data used to prepare this map are eror free. and lhe City does nol represent that the GIS Data can be used for navigalional, tracting or any other pueose requiing exactjng measurement of distance or directon or preclsion in the depi:tjon of geographic featu.es. The preceding disclaimer ls provaded pu6uant to Minnesota Stah,lqs 5466.03, Subd 21 (2000), and the user of this map acknowledges that $e Cdy shall not be liable for any damages, and expressly waives all claims. and agrees to clefend, indemniry, and hold hamless the City from any and all claims brought by User, its employees or agents, or third partjes which adse o{rt ot lhe use/s access or use oI data provrded Oa!c|!inBr mis map is neither a legally recoft|€d map nor a survey and is nol intended to be llsed as one This map is a compalatjon of recods, information and data located in various ctty, cDunty, state and federal ofices and otfter sources regarding the area shown. and is to be ured for reference purposes only. The City does not warant that the Geographic lnfomalion System (GlS) Data used to prepare this map are error free. and the City does not reFesent that the GIS Dala can be used for navilational. ttaclang or any other purpose requinng exacling measurement of distance or directon or precrsion in the depiclion of gEographic eatures. The preceding disdaimer is provijed puGuant to Minnesotia Statutes $4ti6.03. Subd. 21 (2000), and the user of this map acknovdedges that the Crty shall nol be liable for any damages. and expressly waives all daims, and agrees lo deieM, andemn y. and hold harml€ss the city from any and all claims bought by User. rts employees or agents, or third partes which aise out ol lhe useis access or use of data provided. 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