CC Staff Report 12-14-20CITY COUNCIL STAFF REPORT
Monday,December 14,2020
Subject Ordinance XXX:Approve the Rezoning of 1601 Lake Lucy Road Island)and Approval of
Summary Ordinance for Publication
Section CONSENT AGENDA Item No:D.2.
Prepared By Sharmeen Al-Jaff,Senior Planner File No:Planning Case No.2020-23
PROPOSED MOTION
The Chanhassen City Council approves rezoning the property located at 1601 Lake Lucy Road,with an
approximate area of 9.03 acres,from Rural Residential to Planned Unit Development-Residential incorporating the
attached standards,Summary Ordinance and adoption of the Finding of Fact and Recommendation.”
Approval requires a 4/5 Vote.
SUMMARY
The applicant is requesting to rezone the property from Rural Residential,RR,to Planned Unit Development-
Residential,PUD-R.
BACKGROUND
The site is located south of Lake Lucy Road and is surrounded by Lake Lucy.The site has an area of approximately
9.03 acres and is currently zoned Rural Residential District,RR.Access to the site is gained via Lake Lucy Road.
DISCUSSION
On December 1,2020,the Planning Commission reviewed and approved this request unanimously.Staff was directed
to work with the applicant to incorporate an Operations and Maintenance Plan of the bridge language as part of the
PUD Ordinance Standards.The Ordinance governing the site has been revised to incorporate the Operations and
Maintenance Plan provision.The Planning Commission minutes are attached to this report.
RECOMMENDATION
The Chanhassen City Council approves rezoning the property located at 1601 Lake Lucy Road,with an
approximate area of 9.03 acres,from Rural Residential to Planned Unit Development-Residential incorporating the
attached standards,Summary Ordinance and adoption of the Findings of Fact and Recommendation.”
CITY COUNCIL STAFFREPORTMonday,December 14,2020SubjectOrdinanceXXX:Approve the Rezoning of 1601 Lake Lucy Road Island)and ApprovalofSummaryOrdinanceforPublicationSectionCONSENTAGENDAItemNo:D.2.Prepared By Sharmeen Al-Jaff,Senior Planner File No:Planning Case No.2020-23PROPOSEDMOTION“The Chanhassen City Council approves rezoning the property located at 1601 Lake Lucy Road,withanapproximateareaof9.03 acres,from Rural Residential to Planned Unit Development-Residential incorporatingtheattachedstandards,Summary Ordinance and adoption of the Finding of Fact and Recommendation.”Approval requires a 4/5 Vote.SUMMARYTheapplicant is requesting to rezone the property from Rural Residential,RR,to Planned Unit Development-Residential,PUD-R.BACKGROUNDThesiteislocated south of Lake Lucy Road and is surrounded by Lake Lucy.The site has an area ofapproximately9.03 acres and is currently zoned Rural Residential District,RR.Access to the site is gained via Lake Lucy Road.DISCUSSIONOnDecember1,2020,the Planning Commission reviewed and approved this request unanimously.Staff wasdirectedtoworkwiththeapplicanttoincorporateanOperationsandMaintenancePlanofthebridgelanguageaspart ofthePUDOrdinanceStandards.The Ordinance governing the site has been revised to incorporate the OperationsandMaintenancePlanprovision.The Planning Commission minutes are attached to this report.RECOMMENDATION“The Chanhassen City Council approves rezoning the property located at 1601 Lake Lucy Road,with an
approximate area of 9.03 acres,from Rural Residential to Planned Unit Development-Residential incorporating the
attached standards,Summary Ordinance and adoption of the Findings of Fact and Recommendation.”
ATTACHMENTS:
Staff Report
Findings of Fact and Recommendation
Development Review Application
Narrative
Ordinance
Concept Plans
Septic Field Sizing Calculations
Letter from Alan Weingart dated received November 18,2020
Public Hearing Notice Affidavit of Mailing
E-mail from Betsy Randall dated December 1,2020
E-mail from Gregory Fast dated November 25,2020
E-mail from Kim and Tom McReavy dated December 1,2020
Summary Ordinance
Exhibit B
Planning Commission Meeting Minutes dated December 1,2020
CITY OF CHANHASSEN
PC DATE: December 1, 2020
CC DATE: December 14, 2020
REVIEW DEADLINE: January 11, 2021
CASE #: 2020-18
BY: SJ, ET, EH, JS
SUMMARY OF REQUEST: Rezoning of property from Rural Residential District to Planned
Unit Development-Residential
LOCATION: 1601 Lake Lucy Road
APPLICANT : John Wicka PROPERTY OWNER: John and Ann Wicka
2547 Bridle Creek Trail 2547 Bridle Creek Trail
Chanhassen, MN 55317 Chanhassen, MN 55317
john.wicka@gmail.com
612) 805-6250
PRESENT ZONING: Rural
Residential District, RR
2040 LAND USE PLAN: Residential
Low Density (1.2 – 4.0 units/net acre)
ACREAGE: 9.03 acres
DENSITY: 0.02 units per acre
LEVEL OF CITY DISCRETION IN
DECISION-MAKING:
The city has a relatively high level of
discretion in approving Rezonings
because the city is acting in its legislative
or policy-making capacity. A rezoning
must be consistent with the city’s
Comprehensive Plan.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSED MOTION:
The Chanhassen City Council approves rezoning the Property described in Exhibit B, located at
1601 Lake Lucy Road, with an approximate area of 9.03 acres, from Rural Residential to Planned
Unit Development-Residential incorporating the attached Ordinance with standards, Summary
Ordinance and adoption of the Finding of Fact and Decision.”
Subject
Property
Lake Lucy Road
Lake Lucy
City Council
1601 Lake Lucy Road Rezoning
December 14, 2020
Page 2 of 11
APPLICABLE REGULATIONS
Chapter 20, ARTICLE VIII. - PLANNED UNIT DEVELOPMENT DISTRICT
BACKGROUND
LOCATION/SITE DATA
The site is located south of Lake Lucy Road and is surrounded by Lake Lucy. The site has an area
of approximately 9.03 acres and is currently zoned Rural Residential District, RR. Access to the site
is gained via Lake Lucy Road.
ACCESS AND BRIDGE
On December 13, 1993, the City
Council approved a request for a
Wetland Alteration Permit to
allow improvements to a
driveway and installation of a
bridge to access the subject site.
Three extensions were approved
to this permit with the final
extension granted on January 27,
1997. The work on the
installation of the bridge and the
driveway was completed on
February 25, 1999.
City Council
1601 Lake Lucy Road Rezoning
December 14, 2020
Page 3 of 11
LAND USE PLAN
The Land Use Plan designates the areas around Lake Lucy as Residential. The subject site is
designated Low Density Residential. This designation has been established to accommodate most
residential districts are comprised of low-density, single-family detached housing. Within this
category, net densities range from 1.2 to 4 units per acre. Low-density residential areas can be either
zoned RSF (Residential Single Family), R-4 (Mixed Low Density), RLM (Residential Low and
Medium Density), or PUD-R (Planned Unit Development-Residential).
The owner of the subject property is requesting to build two homes, one of which is an Accessory
Dwelling Unit. The density is in keeping with the guidelines of the Comprehensive Plan.
Subject
Site
Low Density Residential
Net Density 1.2-4
U it /A
Residential Large Lot
2.5 Acres minimum. 1/10
Units per Acre)
City Council
1601 Lake Lucy Road Rezoning
December 14, 2020
Page 4 of 11
REZONING
The applicant is requesting to rezone the property from Rural Residential, RR to Planned Unit
Development-Residential, PUD-R.
The 2040 Land Use Plan shows this area designated for development as Low Density Residential.
Appropriate zoning for this land use includes RSF, (Single-Family Residential), R-4 (Mixed Low
Density), RLM (Residential Low and Medium Density), or PUD-R (Planned Unit Development-
Residential).
Staff has been working with the applicant since 2018. The site is unique and is the only island in
the city. The typical “one size fits all” ordinances do not work well in this case. They can trigger
requirements that would cause significant degradation to the site.
The site contains bluffs, is within the Shoreland Overlay District of Lake Lucy and has a 100% tree
canopy cover.
Subject
Site
City Council
1601 Lake Lucy Road Rezoning
December 14, 2020
Page 5 of 11
This is a lot of record and is entitled to build a single family home. The applicant’s request was to
have a principle structure with an Accessory Dwelling Unit. This can either be achieved via
subdivision or rezoning the site to Planned Unit Development (PUD).
Subdivision Impacts:
Widening the existing driveway to 20 feet which will result in wetland fill.
Additional grading.
Additional tree removal.
Additional hard surface.
Adding the potential for two additional homes with a minimum lot area of 20,000 square
feet (up to 4 lots can be served via a private street which would require a variance).
Additional grading with the potential extension of utilities.
PUD Impacts
Use of the existing private driveway.
One septic and well site.
Cap on the size of the Accessory Dwelling Unit.
Requiring the use of a single eternal driveway.
The PUD is the governing document that will establish limitations on the site.
As options were evaluated, the applicant chose to request a PUD rezoning. Staff advised that the
zone must have a minimum area of five acres which the subject site exceeds. Also, the Planned
Unit Development ordinance permits two structures on a single lot. The use of a PUD allows the
city to create a set of regulations that are unique to this property and ensures a higher set of
standards is developed to govern this site.
Staff directed the applicant to develop a concept plan. All comments are based on a concept that
has the potential to change. The regulations that will be incorporated into the ordinance governing
the site, will aim to improve the environmental quality of the site.
Referrals were sent to agencies and city staff to gather feedback on how to improve development of
this site. The one common theme was to combine the driveways accessing the structures. Staff
discussed this recommendation with the property owner and he agreed to the recommendation. The
applicant has demonstrated a continuous good faith effort in addressing concerns by making
revisions to conceptual designs, improving the quality of vegetation on the island by removing
buckthorn which is an invasive species. Development of the site will be governed by ordinances
that will promote better development standards.
The applicant is requesting the maximum floor area of the Accessory Dwelling Unit not to
exceed 1,600 square feet. As a general rule, the city does not allow two dwelling units on a
single lot. The use of the PUD would allow for the two structures. This application of a PUD
cannot be applied to other large lots in the city because they are guided Large Lot (2.5 Acre
Minimum-1/10 Units per Acre.
City Council
1601 Lake Lucy Road Rezoning
December 14, 2020
Page 6 of 11
NEIGHBORHOOD MEETING
The applicant’s intent was to hold a neighborhood meeting to address questions and comments from
neighboring properties. Due to the social distancing circumstances, this was not an option. The
applicant did communicate via e-mail with property owners around Lake Lucy.
City Council
1601 Lake Lucy Road Rezoning
December 14, 2020
Page 7 of 11
LANDSCAPING
The applicant for the development of 1601 Lake Lucy has submitted tree canopy coverage and
preservation calculations. They are as follows:
Total upland area 7.07 ac. or 308,303 SF
Baseline canopy coverage 100% or 308,303 SF
Minimum canopy coverage required 55% or 169,566 SF
Proposed tree preservation 61% or 188,577 SF
The calculations are included to illustrate that the rezoning to PUD-R would meet the subdivision
standards for tree removal. Since the plan submitted is conceptual, there is the possibility that the
proposed tree preservation could increase or decrease. Planned unit developments are generally
considered when the applicant can offer enhanced environmental preservation or increased
sensitivity to the site. It is unclear as to whether or not the final building submittal will provide that,
but staff recommends that the applicant explore opportunities for increased tree preservation on the
property.
ENGINEERING GENERAL COMMENTS
Any and all utility and transportation plans submitted with this application have been reviewed only
for the purpose of determining the feasibility of providing public utility and transportation facilities
for the proposed PUD in accordance with the City of Chanhassen Standard Specifications and
Detail Plates (City Standards) and the Chanhassen Code of Ordinances (Ordinances). A
recommendation of approval does not constitute final approval of details, including but not limited
to alignments, materials and points of access, grading, utility connections or points of discharge,
which are depicted or suggested in the application. The applicant is required to submit detailed
construction drawings and/or supplemental information for the project with the building permit
and/or Development Stage Application, as applicable. The City of Chanhassen Engineering and
Public Works Department will review plans, in detail, when they are submitted and approve, reject
or require modifications to the plans or drawings based upon conformance with City Standards, the
Ordinances, the PUD plan, and the professional engineering judgment of the City Engineer.
As such, it is the opinion of the Engineering Department that the proposed PUD can be developed in
accordance with the requirements of the Ordinances (as it pertains to Engineering and Public Works
requirements) and City Standards. However, after review of the PUD rezoning submittal materials,
being conceptual in nature without much information, Engineering and Public Works staff did not
find that the concept plan provided a significantly higher quality or more sensitive proposal (Sec.
20-501), or offered enhanced environmental sensitivity beyond normal ordinance requirements
Sec. 20-506) as it pertains to Engineering and Public Works requirements.
PUD FINDINGS
The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
effects of the proposed amendment. The six (6) affects and our findings regarding them are:
City Council
1601 Lake Lucy Road Rezoning
December 14, 2020
Page 8 of 11
a) The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official city Comprehensive
Plan.
Finding: The proposed Planned Unit Development has been considered in relation to the
specific policies and provisions of the land use plan and has been found to be consistent
with the official city Comprehensive Plan. It complies with providing single-family
homes that meet density requirements.
b) The proposed use is or will be compatible with the present and future land uses of
the area.
Finding: The proposed use is compatible with the present and future land uses of the
area. Staff has prepared an ordinance that will regulate the site and ensure specific
regulations are adhered to.
c) The proposed use conforms with all performance standards contained in the
Zoning Ordinance.
Finding: The proposed uses will conform with all performance standards contained in
the Zoning Ordinance such as bluff setbacks, shoreland setbacks, etc. The ordinance
regulating the site will add additional higher standards and establish limitations that
govern the site.
d) The proposed use will not tend to or actually depreciate the area in which it is
proposed.
Finding: The proposed use is consistent with and compatible with all surrounding
parcels that have been guided or have developed as single-family homes.
e) The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
Finding: The site is located within the Municipal Urban Service Area however, due to
the location of the island in relation to utilities and due to the potential impact on the
natural features of the site, the applicant will provide an on-site septic system and well.
The applicant also intends to sprinkle the home. These steps will ensure the proposed use
will not overburden the city's service capacity.
f) Traffic generation by the proposed use is within capabilities of streets serving the
property.
Finding: The request is for a single-family home and an accessory dwelling unit.
Traffic generation by the proposed use is within capabilities of streets serving the
property.
City Council
1601 Lake Lucy Road Rezoning
December 14, 2020
Page 9 of 11
RECOMMENDATION
Staff recommends adoption of the following motion:
The City Council approves rezoning the Property described in the attached Exhibit B “Property”
with an approximate area of 9.03 acres to Planned Unit Development-Residential, incorporating
the following standards:
PUD DEVELOPMENT DESIGN STANDARDS
a. Intent
The purpose of this zone is to create a Residential Low Density Development. The use of
the PUD zone is to allow for more flexible design standards while creating a higher quality
and more sensitive development. Except as modified by these development standards, the
standards of the Residential Low Density District, RSF, shall apply. If there is a question as to
whether or not a use meets the definition, the Community Development Director shall
make that interpretation.
Each structure proposed for development shall proceed through building permit application
based on the development standards outlined below.
b. Uses
1. The permitted uses within the development shall be one single-family home and one
accessory dwelling unit.
2. The accessory dwelling unit may not be sold separately from the main single-family
structure.
3. Short-term lease of the Accessory Dwelling Unit is prohibited. A short-term is defined as
a lease of less than three months.
4. The accessory dwelling unit shall have a maximum of two bedrooms and may not exceed
1,600 square feet of footprint area.
5. Due to the unique access and lack of a viable water source to support fire suppression
activity, the city strongly encourages the petitioner to install a fire suppression system for
the residential buildings on the property. The design and installation should be done by a
qualified fire suppression engineer.
6. The two homes must utilize one access driveway into the homes which must be shared
access until the driveway comes within 50 feet of the first dwelling unit at which point
they can split.
7. Prior to any site clearing, a walk-through of the grading limits with the city forester to
review opportunities for tree preservation is required.
8. The total footprint area of all detached accessory buildings excluding the accessory
dwelling unit, must not exceed 2,000 square feet collectively and no individual detached
accessory structure shall exceed 1,000 square feet of foot print area.
9. All water-oriented structures must comply with applicable City ordinances.
10. The Property shall have a maximum of two docks.
City Council
1601 Lake Lucy Road Rezoning
December 14, 2020
Page 10 of 11
11. Prior to issuance of any building permit on the Property, an Operations and Maintenance
O&M) Plan for the existing bridge and a Bridge Safety Inspection Report shall be
submitted to the City. The O&M Plan shall be prepared by a registered Professional
Engineer in the state of Minnesota and the Inspection Report shall be prepared by a
MnDOT Certified Bridge Safety Inspector.
The O&M Plan and Inspection Reports shall
include applicable information concerning
Timber structures. The Owner of the
Property shall submit to the City routine
inspections of the bridge every 24-months
per the MnDOT Bridge and Structure
Inspection Program Manual. Upon results
of the initial Inspection Report, the bridge
load limit shall be clearly posted at the site
entrance on Lake Lucy Road per applicable
Minnesota Manual on Uniform Traffic
Control Devices (MnMUTCD) requirements
except for the size of the sign which must be
no less than 12 inches x 18 inches as shown
in Exhibit A. If at any time a routine
Inspection Report indicates the posted load
limit is no longer valid, the signage shall be
revised to reflect current conditions. As the
bridge is privately owned and maintained and does not cross a public right-of-way, the
City assumes no responsibility in reviewing or approving the O&M Plan and/or
Inspection Reports, and takes no responsibility for the O&M of the bridge. The property
Owner is solely responsible and shall comply with all applicable findings and
recommendations of the routine Inspection Reports.
c. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The following
table displays those setbacks:
Boundary Building Setback
Lake Lucy Ordinary High Water Mark 75 feet
Bluff Setback 30
Hard Surface Coverage 25 %
Maximum Residential Building/Structure Height 35 feet or 3 stories, whichever is less
City Council
1601 Lake Lucy Road Rezoning
December 14, 2020
Page 11 of 11
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Application
3. Narrative
4. Ordinance
5. Concept Plans
6. Septic Field Sizing Calculations
7. Letter from Alan Weingart dated Received November 18, 2020
8. Public Hearing Notice and Mailing List
9. E-mail from Betsy Randall dated December 1, 2020
10. E-mail from Gregory Fast dated December 1, 2020
11. E-mail from Kim and Tom McReavy dated December 1, 2020
12. Summary Ordinance
13. Exhibit B
14. Planning Commission Meeting Minutes dated December 1, 2020
g:\plan\2020 planning cases\20-23 1601 lake lucy road (island)\staff report cc rezoning.doc
R-}J>-13
COMTIIUNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227 -1 100 / Fax: (952) 227-LLLO
CITY OT CIIAI,IHASSII'I
APPLICATION FOR DEVELOPMENT REVIEW
r I,,\el 6O-Day Revi6r/ Daie:l>/ eq \aa
Section 1: Application Type (check all that apply)
Retq to tE qpropiale Applicalim Cl,€cklin to( re,quited su&n al inlqnation tlat n s *canpany this aqdicatbl)
E Comprehensive Plan Amendment......................... $600
Minor MUSA line for failing on-site sewers ..... $100
E Conditional Use Permit (CUP)
E Single-Family Residence .
I ntt ohers
E tnterim Use Permit (lUP)
s300
fl Create over 3 lots .......................$600 + $15 per lot(
lots)
32s
25
Metes & Bounds (2 lots)..................................$300
fl Lot Line Adjustment
E Final P|at.......
hcludes 9450 escrofl for atrorney c6ts)*
Additional escrow may be requa,ed lor o(her applicatjors
through the development contrd.
750 E vacation of Easementsi/Right-of-way (vAc)........ $300
100 Gdditional recordiog tues may apply)
subdivision (SUB)
E create g lots or less
tr $1so
1so
700ntrlnconjunctionwithSingle-Family Residence.. $325
All Others............. ............... $425
E Rezoning (RE4
El Planned unit Development (PUD) .
E Minor Amendment to existing PUD
E Sign Plan Review.......-.......................-.................. $150
E Site Plan Review (SPR)
E wetland eteration Permit (wAP)
ntr Adminisrative...... ............... $100
Commerciaulndustrial Districts"...................... &500
Plus $10 per 1,000 square teet of building area(
thousand square feet)
lnclude
n um ber of g!E!!g em ployees:
lnclude number of 4gg emPloyees:
fItr Single-Family Residence
All Others
E zonino Appeal
200
150
275
100
E zoning Ordinance Amendment (zOA)$500
E Residential Distric6 $s00 !!Z!E: When multiple applications are prgcessed co.lcu.rendy,
e app,opriate tee shail b€ charged tsr each application.
Plus $5 per dwelling unit ( units)
E Notification Sign (city m install and remo,/e)s200
I Rroperty Owners' Lbt within EIOO' (city to seneraE after tre-aporicatio meai"s) ......"..fi5- ;
d;;;;, ..........'$
a per address
E Escrou/ for Recording Documents (check all that apply)
conditional Use Permit Interim Use Perm it ! Site Plan Agreement
Vacation n variance nn Wetland Alteration Permat
tr Metes & Bounds Subdivision (3 docs.) [ Easements ( easements)
TOTAL FEE:
Section 2: Required lnformation
Description of Proposal:
1601 Lake Lucy Road, Excelsior, MN 55331
Parcel #:254070200 Legal Description:
9.03 wetlands Present?n ves E r.to
See attached survey
Total Acreage:
Present Zoning Rural Residential District (RR)
Present Land Use Oesignation:Residential Lo\rv
Planned Unit Development (PUD) E
se Designation . Residential Low Densityfil
Requested zoning:
Requested Land u
Existing Use of Properry:Ruture Home Site
Elcheck box if separate nanative is attached.
suoniua oae IQP.!2!- "" D*E{-LL}2- o*,
50 per document
Deeds
1,099.00
Property Address or Location:
Section 3: Property Owner and Applicant lnformation
APPUCANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization lrom he propefty owner to file fiis application. I agree to be bound by cond,tions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by
the property owner, I have atiached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom he City should contact regarding any matter penaining 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 consuhing fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I cenify thal the anformation and exhibiB submitted are true and conect.
Name
Address
Contact:
Phone:
city/statezip:
Email:
Cell:
Fax:
Signature:Date:
PROPERTY OWNER: ln signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand fiat conditions of approval are binding and agree to be bound by those
conditions, subiect only to the right to ob,ect at the hearings or durino the appeal periods. I will keep myself informed of
lhe deadlines for submission of material and the progress ol 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 cenify that the information and exhibits subm itted are true and conect.
John VMcka
Address:
Name:Contact:
Phone:
City/Statetz ip:
Email:
Chanhassen, MN 55317 Cell:
Fax:
Oate
Cell:
Fax:
Contact
Phone:
john.wicka@gmail.com
Signature:LOl30l20
This application must be completed in tull and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriale Application Checklist
and confr with the Planning Department to determine the specific ordinance and applicable procedural
requiremeflts and fees.
Section 4: Notification lnformation
who should receive copies of staff repons?
trtrtr
D
Propeny Owner Via:
Applicant Via
I uano Paper copy
E laaieo Paper copy
E Mailed Paper copy
E Mailed Paper copy
trtr Email
Email
INSTRUCTIONS TO APPLICANT: Complete all necessary form fiebs, 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
SAVE FORM PRItiIT FORM SUBMIT FORM
engineer Via EEmailoherviaEEmail
f,,o-o.
Address:
ciry/state/zip:
F-"i1.
2547 Bridle Creek Trl.
612) 80s-62s0
PROJECT ENGINEER (it applicable)
A determination of completeness of the application shall be made within 15 business da)6 of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
Other Contact lnformation :
Nr-o'-
Address: _
CMStateZip: _
a-"il
copy to the city br processino.
PUD Rezoning Request
I am asking the City of Chanhassen to consider rezoning our property located at 1601 Lake
Lucy Road, to Planned Unit Development - Residential. The property itself is unique, primarily
because it is an island. A road and bridge were constructed out to the island approximately 22
years ago. For several years my wife and I have been looking for a larger parcel of land to build
a home. A primary reason for that was so we could build a living space nearby for my mother
who is now 86 years old. The island was a perfect opportunity for us to build living quarters
near but still allow my mother to keep her independence.
In the fall of 2018, we set out to design a home that would achieve all of these goals by creating
essentially two living structures combined by a tunnel or skyway. Unfortunately, every option
we explored led to a dead end. The island is an amazing piece of geography - beautiful in every
way, but it also provides many home building challenges to overcome. After trying to “piece
together the puzzle” for a year, we paused our design plans as we were temporarily exhausted
from running into blockers. After consulting with our architect, we realized that the opportunity
to create two separate living structures on the 8 acre parcel (not including the driveway down to
the island) dramatically simplifies many aspects of the design and build. To accomplish this
goal, we needed some flexibility of ordinances. This is the reason we are requesting a rezoning
of the island to Planned Unit Development - Residential. This zoning category allows flexibility,
but in turn requires high design standards. I hope to demonstrate that we intend to meet the
higher standards.
We have included several documents to add some additional context to the application and
address some known concerns in your consideration. Included are:
A composite map showing all of the highlighted features together.
A map showing a preliminary design of the two living structures and accessory building and the
total buildable area.
A map showing proposed (but optional) water preservation areas.
A map showing no water preservation areas.
A map showing the total grading limits without the water preservation areas.
A map showing the total grading limits with the water preservation areas.
A map showing the total hard surfaces for the plan and the septic system and drainfield area.
A Site Information summary showing critical square footage elements and calculations of these
designs.
A septic system drainfield sizing analysis by a licensed septic designer.
The natural beauty of the island is undeniable, but in 2018 it was deep into the cycle of being
overtaken by an invasive species - buckthorn. Shortly after purchasing the property, we worked
with Jill Sinclair to get direction on removing the buckthorn. This was no simple matter. This
invasive species was quite literally taking over the island and muscling out other native trees
and plants. We hired one of the specialists Jill recommended and cut, treated and removed an
astonishing amount of buckthorn. That effort returned the island to it’s natural balance. In our
plans to build we intend to preserve that beauty in every way possible.
We are planning to build “green” structures using solar for power, geothermal for
heating/cooling, green roofs on parts of the structures, highly efficient building designs, rain
water harvesting for watering the lawn and vegetation and various other plans to minimize our
impact on the environment. Furthermore, as we get deeper into the design process, we plan to
engage a civil engineer to assist with both a grading and erosion control plan to introduce the
appropriate amount of water management located near the driveways to account for any run-off
towards the lake including french drains, rain garden, etc. Given the majority of the current bluff
conditions (mainly exposed soli), we propose addressing any susceptible bluff areas with native
plantings to help mitigate potential erosion.
Obviously, in the building process we will be impacting the island and vegetation, but the bulk of
the tree removal will be on the interior of the island and the driveways on the island are
designed to be appropriately narrow for the tree canopy to grow over. The bluff areas and
shorelines will not be affected in terms of tree and canopy coverage. The grading limits and
calculations have been provided in the accompanying documents. Additionally, we have
ordered a tree survey from an expert (again recommended by Jill - thank you Jill!) and will make
it available as soon as it is complete.
A few weeks ago, I was able to walk the island with the Fire Chief, Don Johnson. Don shared
his concerns and recommendations. One concern he shared was the ability for the larger fire
trucks to navigate the island and have the ability to turn around. Since then, we have updated
our plans to allow for turn around areas for the fire trucks. Don also recommended we design
the living structures with fire suppression sprinkler systems. We plan to incorporate this into our
designs going forward.
Lastly, we hired a licensed septic designer (sourced from the approved contractor list on the
Carver County website) to do some preliminary calculations to ensure we have enough area for
the septic system and primary and secondary drain fields. The architectural drawings allow for
12,984 square feet for the septic system while his calculations call for only 11,000 square feet.
Thank you for your consideration.
John Wicka
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
BY REZONING CERTAIN PROPERTY
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby
amended by rezoning all property described in the attached Exhibit B “Property” with an
approximate area of 9.03 acres to Planned Unit Development-Residential.
Section 2. The rezoning of this Property incorporates the following development design
standards:
DEVELOPMENT DESIGN STANDARDS
a. Intent
The purpose of this zone is to create a Residential Low Density Development. The use of
the PUD zone is to allow for more flexible design standards while creating a higher quality
and more sensitive development. Except as modified by these development standards, the
standards of the Residential Low Density District, RSF, shall apply. If there is a question as to
whether or not a use meets the definition, the Community Development Director shall
make that interpretation.
Each structure proposed for development shall proceed through building permit application
based on the development standards outlined below.
b. Uses
1. The permitted uses within the development shall be one single-family home and one
accessory dwelling unit.
2. The accessory dwelling unit may not be sold separately from the main single-family
structure.
3. Short-term lease of the Accessory Dwelling Unit is prohibited. A short-term is defined as
a lease of less than three months.
4. The accessory dwelling unit shall have a maximum of two bedrooms and may not exceed
1,600 square feet of footprint area.
5. Due to the unique access and lack of a viable water source to support fire suppression
activity, the city strongly encourages the petitioner to install a fire suppression system for
the residential buildings on the property. The design and installation should be done by a
qualified fire suppression engineer.
6. The two homes must utilize one access driveway into the homes which must be shared
access until the driveway comes within 50 feet of the first dwelling unit at which point
they can split.
7. Prior to any site clearing, a walk-through of the grading limits with the city forester to
review opportunities for tree preservation is required.
8. The total footprint area of all detached accessory buildings excluding the accessory
dwelling unit, must not exceed 2,000 square feet collectively and no individual detached
accessory structure shall exceed 1,000 square feet of foot print area.
9. All water-oriented structures must comply with applicable City ordinances.
10. The Property shall have a maximum of two docks.
11. Prior to issuance of any building permit on the Property, an Operations and Maintenance
O&M) Plan for the existing bridge and a Bridge Safety Inspection Report shall be
submitted to the City. The O&M Plan shall be prepared by a registered Professional
Engineer in the state of Minnesota and the Inspection Report shall be prepared by a
MnDOT Certified Bridge Safety
Inspector. The O&M Plan and Inspection
Reports shall include applicable information
concerning Timber structures. The Owner
of the Property shall submit to the City
routine inspections of the bridge every 24-
months per the MnDOT Bridge and
Structure Inspection Program
Manual. Upon results of the initial
Inspection Report, the bridge load limit shall
be clearly posted at the site entrance on
Lake Lucy Road per applicable Minnesota
Manual on Uniform Traffic Control Devices
MnMUTCD) requirements except for the
size of the sign which must be no less than
12 inches x 18 inches as shown in Exhibit
A. If at any time a routine Inspection
Report indicates the posted load limit is no
longer valid, the signage shall be revised to
reflect current conditions. As the bridge is
privately owned and maintained and does not cross a public right-of-way, the City
assumes no responsibility in reviewing or approving the O&M Plan and/or Inspection
Reports, and takes no responsibility for the O&M of the bridge. The property Owner is
solely responsible and shall comply with all applicable findings and recommendations of
the routine Inspection Reports.
c. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The following
table displays those setbacks:
Boundary Building Setback
Lake Lucy Ordinary High Water Mark 75 feet
Bluff Setback 30
Hard Surface Coverage 25 %
Maximum Residential Building/Structure Height 35 feet or 3 stories, whichever is less
Section 3. The zoning map of the City of Chanhassen shall not be republished to show the
aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's
Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and
all of the notations, references, and other information shown thereon are hereby incorporated by
reference and made a part of this ordinance.
Section 4. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 14th day of December 2020, by the City Council of the
City of Chanhassen, Minnesota.
Heather Johnston, City Manager Elise Ryan, Mayor
Published in the Chanhassen Villager on )
g:\plan\2020 planning cases\20-23 1601 lake lucy road (island)\ordinance.docx
B
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Autumnal Equinox
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Vernal Equinox
June
22
Su
mmer
Solstice
WinterSolstice
Dec22 Dec21WinterSolstice
SITE PLAN
SCALE: 1" = 30'-0"}
LOT INFORMATION:
SITE INFORMATION
33%
108,053 sq.ft.
37%.
119,726) sq.ft
322,329 sq.ft.
14.5%
308,303 sq. ft./44,585 sq. ft.
44,585 sq. ft.
5,420 sq.ft.
2,412 sq. ft.
10,542 sq. ft.
17,464 sq. ft.
990 sq. ft.
100 sq. ft.
990 sq. ft
1,669 sq. ft.
4,998 sq. ft.
308,303 sq. ft.
108,956 sq. ft.
without water management)
Grading Limit Area Alt.
Grading Limit Area
Total Island Area
Lot Coverage:
Total Impervious:
Terrace Area:
Accessory Driveway:
Lower Driveway Area:
Main Driveway Area :
Garage Area:
Storage Shed
Accessory Struct. Footprint:
Guest House Footprint:
Main House Footprint:
Lot Area:
Buildable Area:
Buildable Area
BUILDINGS
ROAD WAYASPHALTRAINGARDEN /WATER
MANAGEMENT
POSSIBLE SEPTICFIELDGRADINGLIMITIsland
Residence
Lake Lucy
COPYRIGHT Charlie & Co. Design, LLC
09.28.2020
968
966
972
976
978
980
9 8 2
984986988990
992994996998
1000
1002
1004
1006
964962
960
964
990
992
994
996
998
1006
1004
1002
1000
990
980
970
974
970
9821002
988
966
968
970
972
974
976
978
980
982
984
986
988
990
992
994
996
998
1000
1002
972
974
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984
986
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992
994
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998
1000
1002
1004
968
966
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980978976974972970968966964962960958962966
964LAKE
LUCY
EDGE OF
WATER
ELEV.=956.3 (9/7/17))
O.H.W.
LINE (
ELEV.=
956.1)
75' LAKESETBACK30'
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NOT BLUFF ROCK RET.
WALL ROCK RET. WALL
30' x57'2 STORY
MAIN HOUSE
2 STORY GUEST
HOUSE
12,
554 sq.ft.
SEPTIC
FIELD30' x
33'GARAGE WELL 30'
x 33'
GARAGE STORAGE SHED10' x10'
2 STORY GUEST HOUSE
30' x57'2
STORY
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HOUSE2STORYMAINHOUSE
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x
33'
STRUCTURE
ACCESSORY
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9/7/
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956.1)34.
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DRAWING A
03- 12 - nooN - edutitlA
03- 86 - nooN - edut
itlA
N
W E
S
SummerSolstice
June22
Autumnal Equinox
Sept23March21
Vernal Equinox
June
22
Su
mmer
Solstice
WinterSolstice
Dec22 Dec21WinterSolstice
SITE PLAN
SCALE: 1" = 30'-0"}
LOT INFORMATION:
SITE INFORMATION
33%
108,053 sq.ft.
37%.
119,726) sq.ft
322,329 sq.ft.
14.5%
308,303 sq. ft./44,585 sq. ft.
44,585 sq. ft.
5,420 sq.ft.
2,412 sq. ft.
10,542 sq. ft.
17,464 sq. ft.
990 sq. ft.
100 sq. ft.
990 sq. ft
1,669 sq. ft.
4,998 sq. ft.
308,303 sq. ft.
108,956 sq. ft.
without water management)
Grading Limit Area Alt.
Grading Limit Area
Total Island Area
Lot Coverage:
Total Impervious:
Terrace Area:
Accessory Driveway:
Lower Driveway Area:
Main Driveway Area :
Garage Area:
Storage Shed
Accessory Struct. Footprint:
Guest House Footprint:
Main House Footprint:
Lot Area:
Buildable Area:
Hard Surface Areas
BUILDINGS
ROAD WAYASPHALTRAINGARDEN /WATER
MANAGEMENT
POSSIBLE SEPTICFIELDGRADINGLIMITIsland
Residence
Lake Lucy
COPYRIGHT Charlie & Co. Design, LLC
09.28.2020
968
966
972
976
978
980
9 8 2
984986988990
992994996998
1000
1002
1004
1006
964962
960
964
990
992
994
996
998
1006
1004
1002
1000
990
980
970
974
970
9821002
988
966
968
970
972
974
976
978
980
982
984
986
988
990
992
994
996
998
1000
1002
972
974
976
978
982
984
986
988
992
994
996
998
1000
1002
1004
968
966
964
962
960
958
980978976974972970968966964962960958962966
964LAKE
LUCY
EDGE OF
WATER
ELEV.=956.3 (9/7/17))
O.H.W.
LINE (
ELEV.=
956.1)
75' LAKESETBACK30'
BLUFF
SETBACK30'
B
LU
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BLUFF
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LAKE
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75'
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A
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A C K
NOT BLUFF BLUFF
BLUFF BLUFF
NOT BLUFF ROCK RET.
WALL ROCK RET. WALL
30' x57'2 STORY
MAIN HOUSE
2 STORY GUEST
HOUSE
12,
554 sq.ft.
SEPTIC
FIELD 30' x
33'GARAGE WELL 30'
x 33'
GARAGE STORAGE SHED10' x10'
2 STORY GUEST HOUSE
30' x57'2
STORY
MAIN
HOUSE2STORYMAINHOUSE
30'
x
33'
STRUCTURE
ACCESSORY
B
LUFFNOTBLUFFNOTBLUFFNOT
BLUFF B L
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DESC)
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WHITETAIL COVE WHI T
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9/7/
17))
EDGE
OFWATER
ELEV.=956.3 (9/7/17))
O.H.W. LINE (ELEV.=
956.
1)O.H.W. LINE (ELEV.=
956.1)34.
14 23±48.
033 75.
0 75.
075.075.
030
FT
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SETBACK
75FT
O.H.
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O.H.
W. SETBACK
TOPOF
SLOPEP.
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03- 12 - nooN - edutitlA
03- 86 - nooN - edut
itlA
N
W E
S
SummerSolstice
June22
Autumnal Equinox
Sept23March21
Vernal Equinox
June
22
Su
mmer
Solstice
WinterSolstice
Dec22 Dec21WinterSolstice
SITE PLAN
SCALE: 1" = 30'-0"}
LOT INFORMATION:
SITE INFORMATION
33%
108,053 sq.ft.
37%.
119,726) sq.ft
322,329 sq.ft.
14.5%
308,303 sq. ft./44,585 sq. ft.
44,585 sq. ft.
5,420 sq.ft.
2,412 sq. ft.
10,542 sq. ft.
17,464 sq. ft.
990 sq. ft.
100 sq. ft.
990 sq. ft
1,669 sq. ft.
4,998 sq. ft.
308,303 sq. ft.
108,956 sq. ft.
without water management)
Grading Limit Area Alt.
Grading Limit Area
Total Island Area
Lot Coverage:
Total Impervious:
Terrace Area:
Accessory Driveway:
Lower Driveway Area:
Main Driveway Area :
Garage Area:
Storage Shed
Accessory Struct. Footprint:
Guest House Footprint:
Main House Footprint:
Lot Area:
Buildable Area:
Water Management
BUILDINGS
ROAD WAYASPHALTRAINGARDEN /WATER
MANAGEMENT
POSSIBLE SEPTICFIELDGRADINGLIMITIsland
Residence
Lake Lucy
COPYRIGHT Charlie & Co. Design, LLC
09.28.2020
968
966
972
976
978
980
9 8 2
984986988990
992994996998
1000
1002
1004
1006
964962
960
964
990
992
994
996
998
1006
1004
1002
1000
990
980
970
974
970
9821002
988
966
968
970
972
974
976
978
980
982
984
986
988
990
992
994
996
998
1000
1002
972
974
976
978
982
984
986
988
992
994
996
998
1000
1002
1004
968
966
964
962
960
958
980978976974972970968966964962960958962966
964LAKE
LUCY
EDGE OF
WATER
ELEV.=956.3 (9/7/17))
O.H.W.
LINE (
ELEV.=
956.1)
75' LAKESETBACK30'
BLUFF
SETBACK30'
B
LU
FFSETB
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30'
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75'
L
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T B
A C K
NOT BLUFF BLUFF
BLUFF BLUFF
NOT BLUFF ROCK RET.
WALL ROCK RET. WALL
30' x57'2 STORY
MAIN HOUSE
2 STORY GUEST
HOUSE
12,
554 sq.ft.
SEPTIC
FIELD 30' x
33'GARAGE WELL 30'
x 33'
GARAGE STORAGE SHED10' x10'
2 STORY GUEST HOUSE
30' x57'2
STORY
MAIN
HOUSE2STORYMAINHOUSE
30'
x
33'
STRUCTURE
ACCESSORY
B
LUFFNOTBLUFFNOTBLUFFNOT
BLUFF B L
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IN WATER)LAKE
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9/7/
17))
EDGE
OFWATER
ELEV.=956.3 (9/7/17))
O.H.W. LINE (ELEV.=
956.
1)O.H.W. LINE (ELEV.=
956.1)34.
14 23±48.
033 75.
0 75.
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FT
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SETBACK
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O.H.
W. SETBACK
TOPOF
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DRAWING A
03- 12 - nooN - edutitlA
03- 86 - nooN - edut
itlA
N
W E
S
SummerSolstice
June22
Autumnal Equinox
Sept23March21
Vernal Equinox
June
22
Su
mmer
Solstice
WinterSolstice
Dec22 Dec21WinterSolstice
SITE PLAN
SCALE: 1" = 30'-0"}
LOT INFORMATION:
SITE INFORMATION
33%
108,053 sq.ft.
37%.
119,726) sq.ft
322,329 sq.ft.
14.5%
308,303 sq. ft./44,585 sq. ft.
44,585 sq. ft.
5,420 sq.ft.
2,412 sq. ft.
10,542 sq. ft.
17,464 sq. ft.
990 sq. ft.
100 sq. ft.
990 sq. ft
1,669 sq. ft.
4,998 sq. ft.
308,303 sq. ft.
108,956 sq. ft.
without water management)
Grading Limit Area Alt.
Grading Limit Area
Total Island Area
Lot Coverage:
Total Impervious:
Terrace Area:
Accessory Driveway:
Lower Driveway Area:
Main Driveway Area :
Garage Area:
Storage Shed
Accessory Struct. Footprint:
Guest House Footprint:
Main House Footprint:
Lot Area:
Buildable Area:
System
and Septic
Hard Surfaces
BUILDINGS
ROAD WAYASPHALTRAINGARDEN /WATER
MANAGEMENT
POSSIBLE SEPTICFIELDGRADINGLIMITIsland
Residence
Lake Lucy
COPYRIGHT Charlie & Co. Design, LLC
09.28.2020
968
966
972
976
978
980
9 8 2
984986988990
992994996998
1000
1002
1004
1006
964962
960
964
990
992
994
996
998
1006
1004
1002
1000
990
980
970
974
970
9821002
988
966
968
970
972
974
976
978
980
982
984
986
988
990
992
994
996
998
1000
1002
972
974
976
978
982
984
986
988
992
994
996
998
1000
1002
1004
968
966
964
962
960
958
980978976974972970968966964962960958962966
964LAKE
LUCY
EDGE OF
WATER
ELEV.=956.3 (9/7/17))
O.H.W.
LINE (
ELEV.=
956.1)
75' LAKESETBACK30'
BLUFF
SETBACK30'
B
LU
FFSETB
A C K
30'
BLUFF
SETBACK75'
LAKE
SETBACK
75'
L
A
K
E
S
E
T B
A C K
NOT BLUFF BLUFF
BLUFF BLUFF
NOT BLUFF ROCK RET.
WALL ROCK RET. WALL
30' x57'2 STORY
MAIN HOUSE
2 STORY GUEST
HOUSE
12,
554 sq.ft.
SEPTIC
FIELD 30' x
33'GARAGE WELL 30'
x 33'
GARAGE STORAGE SHED10' x10'
2 STORY GUEST HOUSE
30' x57'2
STORY
MAIN
HOUSE2STORYMAINHOUSE
30'
x
33'
STRUCTURE
ACCESSORY
B
LUFFNOTBLUFFNOTBLUFFNOT
BLUFF B L
U
FF1684.93 (
CO.
CORD.)
1685.
01 (
DESC)
90°
374.
82 (
MEAS)
375.
00 (
DESC)
49.
79 (
M)
50.
0 (D)46±90°90°OUTLOT C
WHITETAIL COVE WHI T
E
T AIL
C OVE
GRA VEL
RO
A DBRIDGEWESTLINE
GOV'TLOT
51.
5" DIA. PIPENOTFOUND -
IN WATER)LAKE
LUCY
LAKE
LUCY LAKE
LUCY EDGE OF WATER ELEV.=956.3 (
9/7/
17))
EDGE
OFWATER
ELEV.=956.3 (9/7/17))
O.H.W. LINE (ELEV.=
956.
1)O.H.W. LINE (ELEV.=
956.1)34.
14 23±48.
033 75.
0 75.
075.075.
030
FT
BLUFF
SETBACK
75FT
O.H.
W. SETBACK
75 FT
O.H.
W. SETBACK
TOPOF
SLOPEP.
O.B.)
968.6
969.4
990.0
9 9
40
998.0999.
7 996.
6 968.
7 968.
7 969.
0968.
6993.
0993.
0993.
2 989.
7 988.
01006.
11007.
3 1003.
61002.3
1001.8
997.6999.
7
1002.
01002.
8999.7
989.11000.
8 999.
1 1004.
3997.
0990.7983.
6980.9
982.3 985.9993.
5 998.
71004.01007.
0 1002.
3995.
6 993.
0 1000.
596
9.5
965.5
965.3
966.
2
967.
1
968.5
968.0 968.
3
9
6
7 .
6980.7981.
2981.9
982.9
980.6
968.
1969.
7969.8969
0969.
1964.
0961.
9961.
9961.
8
9
6
8.
4
968.
8TOE
OF
SLOPE
TOEOFSLOP
ETOEOFSLOPETOPOFSLOPETOP
OFSLOPETOPOFSLOPE994.8969.
8965.9 990.
9
9
9 4 9969.
9994.0969.0 993.
0 968.0 969.
7
994.7 30
303030 30 3030 3
0 NOT
DRAWING A
03- 12 - nooN - edutitlA
03- 86 - nooN - edut
itlA
N
W E
S
SummerSolstice
June22
Autumnal Equinox
Sept23March21
Vernal Equinox
June
22
Su
mmer
Solstice
WinterSolstice
Dec22 Dec21WinterSolstice
SITE PLAN
SCALE: 1" = 30'-0"}
LOT INFORMATION:
SITE INFORMATION
33%
108,053 sq.ft.
37%.
119,726) sq.ft
322,329 sq.ft.
14.5%
308,303 sq. ft./44,585 sq. ft.
44,585 sq. ft.
5,420 sq.ft.
2,412 sq. ft.
10,542 sq. ft.
17,464 sq. ft.
990 sq. ft.
100 sq. ft.
990 sq. ft
1,669 sq. ft.
4,998 sq. ft.
308,303 sq. ft.
108,956 sq. ft.
without water management)
Grading Limit Area Alt.
Grading Limit Area
Total Island Area
Lot Coverage:
Total Impervious:
Terrace Area:
Accessory Driveway:
Lower Driveway Area:
Main Driveway Area :
Garage Area:
Storage Shed
Accessory Struct. Footprint:
Guest House Footprint:
Main House Footprint:
Lot Area:
Buildable Area:
Management
No Water
Grading Limit With
BUILDINGS
ROAD WAYASPHALTRAINGARDEN /WATER
MANAGEMENT
POSSIBLE SEPTICFIELDGRADINGLIMITIsland
Residence
Lake Lucy
COPYRIGHT Charlie & Co. Design, LLC
09.28.2020
968
966
972
976
978
980
9 8 2
984986988990
992994996998
1000
1002
1004
1006
964962
960
964
990
992
994
996
998
1006
1004
1002
1000
990
980
970
974
970
9821002
988
966
968
970
972
974
976
978
980
982
984
986
988
990
992
994
996
998
1000
1002
972
974
976
978
982
984
986
988
992
994
996
998
1000
1002
1004
968
966
964
962
960
958
980978976974972970968966964962960958962966
964LAKE
LUCY
EDGE OF
WATER
ELEV.=956.3 (9/7/17))
O.H.W.
LINE (
ELEV.=
956.1)
75' LAKESETBACK30'
BLUFF
SETBACK30'
B
LU
FFSETB
A C K
30'
BLUFF
SETBACK75'
LAKE
SETBACK
75'
L
A
K
E
S
E
T B
A C K
NOT BLUFF BLUFF
BLUFF BLUFF
NOT BLUFF ROCK RET.
WALL ROCK RET. WALL
30' x57'2 STORY
MAIN HOUSE
2 STORY GUEST
HOUSE
12,
554 sq.ft.
SEPTIC
FIELD30' x
33'GARAGE WELL 30'
x 33'
GARAGE STORAGE SHED10' x10'
2 STORY GUEST HOUSE
30' x57'2
STORY
MAIN
HOUSE2STORYMAINHOUSE
30'
x
33'
STRUCTURE
ACCESSORY
B
LUFFNOTBLUFFNOTBLUFFNOT
BLUFF B L
U
FF1684.93 (
CO.
CORD.)
1685.
01 (
DESC)
90°
374.
82 (
MEAS)
375.
00 (
DESC)
49.
79 (
M)
50.
0 (D)46±90°90°OUTLOT C
WHITETAIL COVE WHI T
E
T AIL
C OVE
GRA VEL
RO
A DBRIDGEWESTLINE
GOV'TLOT
51.
5" DIA. PIPENOTFOUND -
IN WATER)LAKE
LUCY
LAKE
LUCY LAKE
LUCY EDGE OF WATER ELEV.=956.3 (
9/7/
17))
EDGE
OFWATER
ELEV.=956.3 (9/7/17))
O.H.W. LINE (ELEV.=
956.
1)O.H.W. LINE (ELEV.=
956.1)34.
14 23±48.
033 75.
0 75.
075.075.
030
FT
BLUFF
SETBACK
75FT
O.H.
W. SETBACK
75 FT
O.H.
W. SETBACK
TOPOF
SLOPEP.
O.B.)
968.6
969.4
990.0
9 9
40
998.0999.
7 996.
6 968.
7 968.
7 969.
0968.
6993.
0993.
0993.
2 989.
7 988.
01006.
11007.
3 1003.
61002.3
1001.8
997.6999.
7
1002.
01002.
8999.7
989.11000.
8 999.
1 1004.
3997.
0990.7983.
6980.9
982.3 985.9993.
5 998.
71004.01007.
0 1002.
3995.
6 993.
0 1000.
596
9.5
965.5
965.3
966.
2
967.
1
968.5
968.0 968.
3
9
6
7 .
6980.7981.
2981.9
982.9
980.6
968.
1969.
7969.8969
0969.
1964.
0961.
9961.
9961.
8
9
6
8.
4
968.
8TOE
OF
SLOPE
TOEOFSLOP
ETOEOFSLOPETOPOFSLOPETOP
OFSLOPETOPOFSLOPE994.8969.
DRAWING A
03- 12 - nooN - edutitlA
03- 86 - nooN - edut
itlA
N
W E
S
SummerSolstice
June22
Autumnal Equinox
Sept23March21
Vernal Equinox
June
22
Su
mmer
Solstice
WinterSolstice
Dec22 Dec21WinterSolstice
SITE PLAN
SCALE: 1" = 30'-0"}
LOT INFORMATION:
SITE INFORMATION
33%
108,053 sq.ft.
37%.
119,726) sq.ft
322,329 sq.ft.
14.5%
308,303 sq. ft./44,585 sq. ft.
44,585 sq. ft.
5,420 sq.ft.
2,412 sq. ft.
10,542 sq. ft.
17,464 sq. ft.
990 sq. ft.
100 sq. ft.
990 sq. ft
1,669 sq. ft.
4,998 sq. ft.
308,303 sq. ft.
108,956 sq. ft.
without water management)
Grading Limit Area Alt.
Grading Limit Area
Total Island Area
Lot Coverage:
Total Impervious:
Terrace Area:
Accessory Driveway:
Lower Driveway Area:
Main Driveway Area :
Garage Area:
Storage Shed
Accessory Struct. Footprint:
Guest House Footprint:
Main House Footprint:
Lot Area:
Buildable Area:
Grading Limit
BUILDINGS
ROAD WAYASPHALTRAINGARDEN /WATER
MANAGEMENT
POSSIBLE SEPTICFIELDGRADINGLIMITIsland
Residence
Lake Lucy
COPYRIGHT Charlie & Co. Design, LLC
09.28.2020
968
966
972
976
978
980
9 8 2
984986988990
992994996998
1000
1002
1004
1006
964962
960
964
990
992
994
996
998
1006
1004
1002
1000
990
980
970
974
970
9821002
988
966
968
970
972
974
976
978
980
982
984
986
988
990
992
994
996
998
1000
1002
972
974
976
978
982
984
986
988
992
994
996
998
1000
1002
1004
968
966
964
962
960
958
980978976974972970968966964962960958962966
964LAKE
LUCY
EDGE OF
WATER
ELEV.=956.3 (9/7/17))
O.H.W.
LINE (
ELEV.=
956.1)
75' LAKESETBACK30'
BLUFF
SETBACK30'
B
LU
FFSETB
A C K
30'
BLUFF
SETBACK75'
LAKE
SETBACK
75'
L
A
K
E
S
E
T B
A C K
NOT BLUFF BLUFF
BLUFF BLUFF
NOT BLUFF ROCK RET.
WALL ROCK RET. WALL
30' x57'2 STORY
MAIN HOUSE
2 STORY GUEST
HOUSE
12,
554 sq.ft.
SEPTIC
FIELD30' x
33'GARAGE WELL 30'
x 33'
GARAGE STORAGE SHED10' x10'
2 STORY GUEST HOUSE
30' x57'2
STORY
MAIN
HOUSE2STORYMAINHOUSE
30'
x
33'
STRUCTURE
ACCESSORY
B
LUFFNOTBLUFFNOTBLUFFNOT
BLUFF B L
U
FF1684.93 (
CO.
CORD.)
1685.
01 (
DESC)
90°
374.
82 (
MEAS)
375.
00 (
DESC)
49.
79 (
M)
50.
0 (D)46±90°90°OUTLOT C
WHITETAIL COVE WHI T
E
T AIL
C OVE
GRA VEL
RO
A DBRIDGEWESTLINE
GOV'TLOT
51.
5" DIA. PIPENOTFOUND -
IN WATER)LAKE
LUCY
LAKE
LUCY LAKE
LUCY EDGE OF WATER ELEV.=956.3 (
9/7/
17))
EDGE
OFWATER
ELEV.=956.3 (9/7/17))
O.H.W. LINE (ELEV.=
956.
1)O.H.W. LINE (ELEV.=
956.1)34.
14 23±48.
033 75.
0 75.
075.075.
030
FT
BLUFF
SETBACK
75FT
O.H.
W. SETBACK
75 FT
O.H.
W. SETBACK
TOPOF
SLOPEP.
O.B.)
968.6
969.4
990.0
9 9
40
998.0999.
7 996.
6 968.
7 968.
7 969.
0968.
6993.
0993.
0993.
2 989.
7 988.
01006.
11007.
3 1003.
61002.3
1001.8
997.6999.
7
1002.
01002.
8999.7
989.11000.
8 999.
1 1004.
3997.
0990.7983.
6980.9
982.3 985.9993.
5 998.
71004.01007.
0 1002.
3995.
6 993.
0 1000.
596
9.5
965.5
965.3
966.
2
967.
1
968.5
968.0 968.
3
9
6
7 .
6980.7981.
2981.9
982.9
980.6
968.
1969.
7969.8969
0969.
1964.
0961.
9961.
9961.
8
9
6
8.
4
968.
8TOE
OF
SLOPE
TOEOFSLOP
ETOEOFSLOPETOPOFSLOPETOP
OFSLOPETOPOFSLOPE994.8969.
DRAWING A
03- 12 - nooN - edutitlA
03- 86 - nooN - edut
itlA
N
W E
S
SummerSolstice
June22
Autumnal Equinox
Sept23March21
Vernal Equinox
June
22
Su
mmer
Solstice
WinterSolstice
Dec22 Dec21WinterSolstice
SITE PLAN
SCALE: 1" = 30'-0"}
LOT INFORMATION:
SITE INFORMATION
33%
108,053 sq.ft.
37%.
119,726) sq.ft
322,329 sq.ft.
14.5%
308,303 sq. ft./44,585 sq. ft.
44,585 sq. ft.
5,420 sq.ft.
2,412 sq. ft.
10,542 sq. ft.
17,464 sq. ft.
990 sq. ft.
100 sq. ft.
990 sq. ft
1,669 sq. ft.
4,998 sq. ft.
308,303 sq. ft.
108,956 sq. ft.
without water management)
Grading Limit Area Alt.
Grading Limit Area
Total Island Area
Lot Coverage:
Total Impervious:
Terrace Area:
Accessory Driveway:
Lower Driveway Area:
Main Driveway Area :
Garage Area:
Storage Shed
Accessory Struct. Footprint:
Guest House Footprint:
Main House Footprint:
Lot Area:
Buildable Area:
Water Management
Grading Limit
BUILDINGS
ROAD WAYASPHALTRAINGARDEN /WATER
MANAGEMENT
POSSIBLE SEPTICFIELDGRADINGLIMITIsland
Residence
Lake Lucy
COPYRIGHT Charlie & Co. Design, LLC
09.28.2020
968
966
972
976
978
980
9 8 2
984986988990
992994996998
1000
1002
1004
1006
964962
960
964
990
992
994
996
998
1006
1004
1002
1000
990
980
970
974
970
9821002
988
966
968
970
972
974
976
978
980
982
984
986
988
990
992
994
996
998
1000
1002
972
974
976
978
982
984
986
988
992
994
996
998
1000
1002
1004
968
966
964
962
960
958
980978976974972970968966964962960958962966
964LAKE
LUCY
EDGE OF
WATER
ELEV.=956.3 (9/7/17))
O.H.W.
LINE (
ELEV.=
956.1)
75' LAKESETBACK30'
BLUFF
SETBACK30'
B
LU
FFSETB
A C K
30'
BLUFF
SETBACK75'
LAKE
SETBACK
75'
L
A
K
E
S
E
T B
A C K
NOT BLUFF BLUFF
BLUFF BLUFF
NOT BLUFF ROCK RET.
WALL ROCK RET. WALL
30' x57'2 STORY
MAIN HOUSE
2 STORY GUEST
HOUSE
12,
554 sq.ft.
SEPTIC
FIELD30' x
33'GARAGE WELL 30'
x 33'
GARAGE STORAGE SHED10' x10'
2 STORY GUEST HOUSE
30' x57'2
STORY
MAIN
HOUSE2STORYMAINHOUSE
30'
x
33'
STRUCTURE
ACCESSORY
B
LUFFNOTBLUFFNOTBLUFFNOT
BLUFF B L
U
FF1684.93 (
CO.
CORD.)
1685.
01 (
DESC)
90°
374.
82 (
MEAS)
375.
00 (
DESC)
49.
79 (
M)
50.
0 (D)46±90°90°OUTLOT C
WHITETAIL COVE WHI T
E
T AIL
C OVE
GRA VEL
RO
A DBRIDGEWESTLINE
GOV'TLOT
51.
5" DIA. PIPENOTFOUND -
IN WATER)LAKE
LUCY
LAKE
LUCY LAKE
LUCY EDGE OF WATER ELEV.=956.3 (
9/7/
17))
EDGE
OFWATER
ELEV.=956.3 (9/7/17))
O.H.W. LINE (ELEV.=
956.
1)O.H.W. LINE (ELEV.=
956.1)34.
14 23±48.
033 75.
0 75.
075.075.
030
FT
BLUFF
SETBACK
75FT
O.H.
W. SETBACK
75 FT
O.H.
W. SETBACK
TOPOF
SLOPEP.
O.B.)
968.6
969.4
990.0
9 9
40
998.0999.
7 996.
6 968.
7 968.
7 969.
0968.
6993.
0993.
0993.
2 989.
7 988.
01006.
11007.
3 1003.
61002.3
1001.8
997.6999.
7
1002.
01002.
8999.7
989.11000.
8 999.
1 1004.
3997.
0990.7983.
6980.9
982.3 985.9993.
5 998.
71004.01007.
0 1002.
3995.
6 993.
0 1000.
596
9.5
965.5
965.3
966.
2
967.
1
968.5
968.0 968.
3
9
6
7 .
6980.7981.
2981.9
982.9
980.6
968.
1969.
7969.8969
0969.
1964.
0961.
9961.
9961.
8
9
6
8.
4
968.
8TOE
OF
SLOPE
TOEOFSLOP
ETOEOFSLOPETOPOFSLOPETOP
OFSLOPETOPOFSLOPE994.8969.
DRAWING A
03- 12 - nooN - edutitlA
03- 86 - nooN - edut
itlA
N
W E
S
SummerSolstice
June22
Autumnal Equinox
Sept23March21
Vernal Equinox
June
22
Su
mmer
Solstice
WinterSolstice
Dec22 Dec21WinterSolstice
SITE PLAN
SCALE: 1" = 30'-0"}
LOT INFORMATION:
SITE INFORMATION
33%
108,053 sq.ft.
37%.
119,726) sq.ft
322,329 sq.ft.
14.5%
308,303 sq. ft./44,585 sq. ft.
44,585 sq. ft.
5,420 sq.ft.
2,412 sq. ft.
10,542 sq. ft.
17,464 sq. ft.
990 sq. ft.
100 sq. ft.
990 sq. ft
1,669 sq. ft.
4,998 sq. ft.
308,303 sq. ft.
108,956 sq. ft.
without water management)
Grading Limit Area Alt.
Grading Limit Area
Total Island Area
Lot Coverage:
Total Impervious:
Terrace Area:
Accessory Driveway:
Lower Driveway Area:
Main Driveway Area :
Garage Area:
Storage Shed
Accessory Struct. Footprint:
Guest House Footprint:
Main House Footprint:
Lot Area:
Buildable Area:
Composit View
BUILDINGS
ROAD WAYASPHALTRAINGARDEN /WATER
MANAGEMENT
POSSIBLE SEPTICFIELDGRADINGLIMITIsland
Residence
Lake Lucy
COPYRIGHT Charlie & Co. Design, LLC
09.28.2020
968
966
972
976
978
980
9 8 2
984986988990
992994996998
1000
1002
1004
1006
964962
960
964
990
992
994
996
998
1006
1004
1002
1000
990
980
970
974
970
9821002
988
966
968
970
972
974
976
978
980
982
984
986
988
990
992
994
996
998
1000
1002
972
974
976
978
982
984
986
988
992
994
996
998
1000
1002
1004
968
966
964
962
960
958
980978976974972970968966964962960958962966
964LAKE
LUCY
EDGE OF
WATER
ELEV.=956.3 (9/7/17))
O.H.W.
LINE (
ELEV.=
956.1)
75' LAKESETBACK30'
BLUFF
SETBACK30'
B
LU
FFSETB
A C K
30'
BLUFF
SETBACK75'
LAKE
SETBACK
75'
L
A
K
E
S
E
T B
A C K
NOT BLUFF BLUFF
BLUFF BLUFF
NOT BLUFF ROCK RET.
WALL ROCK RET. WALL
30' x57'2 STORY
MAIN HOUSE
2 STORY GUEST
HOUSE
12,
554 sq.ft.
SEPTIC
FIELD 30' x
33'GARAGE WELL 30'
x 33'
GARAGE STORAGE SHED10' x10'
2 STORY GUEST HOUSE
30' x57'2
STORY
MAIN
HOUSE2STORYMAINHOUSE
30'
x
33'
STRUCTURE
ACCESSORY
B
LUFFNOTBLUFFNOTBLUFFNOT
BLUFF B L
U
FF1684.93 (
CO.
CORD.)
1685.
01 (
DESC)
90°
374.
82 (
MEAS)
375.
00 (
DESC)
49.
79 (
M)
50.
0 (D)46±90°90°OUTLOT C
WHITETAIL COVE WHI T
E
T AIL
C OVE
GRA VEL
RO
A DBRIDGEWESTLINE
GOV'TLOT
51.
5" DIA. PIPENOTFOUND -
IN WATER)LAKE
LUCY
LAKE
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SITE PLAN
SCALE: 1" = 30'-0"}
LOT INFORMATION:
SITE INFORMATION
33%
108,053 sq.ft.
37%.
119,726) sq.ft
322,329 sq.ft.
14.5%
308,303 sq. ft./44,585 sq. ft.
44,585 sq. ft.
5,420 sq.ft.
2,412 sq. ft.
10,542 sq. ft.
17,464 sq. ft.
990 sq. ft.
100 sq. ft.
990 sq. ft
1,669 sq. ft.
4,998 sq. ft.
308,303 sq. ft.
108,956 sq. ft.
without water management)
Grading Limit Area Alt.
Grading Limit Area
Total Island Area
Lot Coverage:
Total Impervious:
Terrace Area:
Accessory Driveway:
Lower Driveway Area:
Main Driveway Area :
Garage Area:
Storage Shed
Accessory Struct. Footprint:
Guest House Footprint:
Main House Footprint:
Lot Area:
Buildable Area:
Composit View
BUILDINGS
ROAD WAYASPHALTRAINGARDEN /WATER
MANAGEMENT
POSSIBLE SEPTICFIELDGRADINGLIMITIsland
Residence
Lake Lucy
COPYRIGHT Charlie & Co. Design, LLC
09.28.2020
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ALAN R. WEINGART
1685 STELLER COURT, EXCELSIOR, MN 55331
Mobile: (952) 239-5899
Email: alanweingart@gmail.com
November 18, 2020
TO: Elise Ryan, Mayor
Chanhassen City Council
Chanhassen Planning Commission
RE: Support of Wicka Rezoning of Island Property
I am writing this letter of support having had over 25 years of experience with the island
property that the Wicka’s are looking to rezone and build their home on. My spouse, Mary,
and I purchased the island property back in 1994. At that time we also purchased the
adjacent property at 1685 Steller Court, where we currently reside, from the same prior
owners. We acquired certain permits with the property and began planning to construct
vehicular access to the property. This process involved multiple governmental agencies,
including the City of Chanhassen, the DNR and the Watershed District (Sharmeen al Jaff’s
memory banks can be accessed for how this process unfolded and concluded!!). The 1800’
driveway and 72’ bridge were constructed over the 1998 – 1999 timeframe. Significant
wetland mitigation, supervised closely by the City and the DNR, was completed during that
construction timeframe. We left the island property in its natural state and used it for family
and friend activities and as access to Lake Lucy for canoeing, kayaking and dog exercising.
After our two sons grew up, we found ourselves using the property less and less, and
reluctantly put it on the market in 2018. We were reluctant to sell it because we had thought
about building on it but chose to build a Colorado home instead. Being adjacent to this
property, we have a very unique setting from our home that overlooks the island property.
Privacy has always been an important reason for living where we do, so selling the property
was difficult for us, other than for the obvious remuneration we could receive.
During the island sale process we were introduced to prospective buyers John & Anne
Wicka. The sale process with them went smoothly and our reservations on selling the
property quickly dissipated once we had met both of them. It quickly became evident that
John and Anne had as much, if not more, respect for the integrity and environmental
sensitivity of the island as we did. We discussed the topography, wetlands, wildlife, etc. with
them and came away impressed with their desire to maintain as much ‘naturalness’ as they
could when building their dream home on the property. One of the first things they did after
buying was completely remove all of the buckthorn on the island and along the driveway.
ALAN R. WEINGART
1685 STELLER COURT, EXCELSIOR, MN 55331
Mobile: (952) 239-5899
Email: alanweingart@gmail.com
So, as not only the seller of the island to the Wicka’s, but also as an immediate neighbor, I
fully support the City granting them a rezoning of the island property that allows for no more
than two living structures, no subdividing or selling the property separately (the island always
has to remain as one), amongst other reasonable restrictions that go along with such a
rezoning. I believe that they are more than capable, financially and intentionally, of carrying
out this rezoned building process in an environmentally-sensitive manner that blends in with
the natural beauty of that unique parcel.
Please let me know if any of you have questions on this zoning application as I am available
to discuss and comment on any aspects of this property that may be of interest or concern to
you.
Regards,
Alan R. Weingart
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
CoTTNTYOFCARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
November 19,2020, the duly qualified and acting Deputy clerk ofthe ciry of chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of a Public
Hearing to consider a request for Rezoning of property at 1601 Lake Lucy Road from
Rural Residential to Planned unit Development-Residential (Low Density)' Planning case
No.2020-23 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 of
such owners were those appearing as such by the records ofthe County Treasurer, Carver
County, Minnesota, and by other appropriate records.
Sub
this
scribed
lcl
ln
d
and swom to before me
ay of l)a,-<-rr$<-r,2020.
n1 \t'lssen.lerk
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JEAII MSIECruIilGilcryPltS{fineE
Notary Public
ry*rfoi.ft!l,&a
Subject
Area
Disclaimer
This map is neither a legally recorded map nor a survey and is not inlended to be used
as one. This map is a @mptlation of records, informalion and data Iocated in various ctty
county, sliate and federal offces and other sources regading lhe area shorvn. and is to
be used for eierence purposes only The Crty does nol warant that the Geographic
lnbrmaton System (GlS) Data used to prepare this map ale eror ftee, and the City does
not represeni that the Gls Data can be used for navioatonal tracking or any other
purpoae requiring exacling rneasuremeflt of distance or direclion or prcosion in the
depk ion of geographic ieatures. The preceding disdaimer is povided pursuanl to
Mi;nesota statutes 5466.03. subd. 21 (2000). and the user of this map acloowl€dges
that the City shall not be liable tor any damages. and expressly waives all daams. and
agrees lo debnd, indemnafy, and hold harmless the Caty from any and all ciaims brought
by Uset, its employees or agents, or third Flartaes which atise out of lhe useis acae$ or
use of clata provrded.
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asone. This map isa @mpalalion of recods, inlormation and data located in vafious city,
county, state and federal offces and other sources regarding the area shown, and is to
be osed for reference purposes only. The City does not warant that the Geographac
lnformalion System (GlS) Data used to prepare this map are eror f.ee, and lhe Crty does
not represent that the GIS Data can be used for navigalronal, Itacking or any other
purpose requidng exacling measuement of distance or dareclion or preclSion an the
depiction of geographic ieatures. The preceding disclaimer is provided pu6uant to
Minnesota Statules 5466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be laable for any damages, and expressly vraives all claims, and
agrees lo defend. indemnify, and hold hamless the City from any and all daims brcught
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. ____
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
BY REZONING PROPERTY TO A PLANNED UNIT DEVELOPMENT
The purpose of this ordinance is to rezone property to Planned Unit Development to
allow for the construction of a single family home and an accessory dwelling unit with
standards.
A printed copy of Ordinance No. _____ is available for inspection by any person
during regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 14th day of
December, 2020, by the City Council of the City of Chanhassen.
Published in the Chanhassen Villager on )
g:\plan\2020 planning cases\20-23 1601 lake lucy road (island)\summary ordinance.doc
PUBLIC HEARING:
REQUEST TO REZONE PROPERTY LOCATED AT 1601 LAKE LUCY ROAD FROM
RURAL RESIDENTIAL TO PLANNED UNIT DEVELOPMENT-RESIDENTIAL (LOW
DENSITY).
Weick: With that I will turn it over to Sharmeen. Thank you, Sharmeen.
Al-Jaff: Chairman and members of the Planning Commission, the application before you is a
request to rezone from rural residential to planned unit development. Briefly, the site is located
south of Lake Lucy Road. It is surrounded by Lake Lucy in its entirety. The site has an area of
approximately 9.03 acres. It is currently zoned rural residential. Access to the site is gained via
Lake Lucy Road. The 2040 Land Use Plan guides the subject site for low density residential.
Within a low density you can have 1.2 units per acre but no more than 4 units per acres. This
category can be either zoned into single-family residential, R-4 which is a mix of low density,
residential low and medium density, or planned unit development-residential. Rezoning this
property into any of those categories would allow the site to be consistent with the 2040 Land
Use Plan. Brief background. Back in 1993 the owners of the island at the time came in for a
wetland alteration permit for the purpose of constructing a bridge and a driveway to access the
driveway. There were multiple extensions granted to this. The work was completed on the bridge
as well as the driveway in 1999. Some of the things that have taken place that we also need to
point out is that since 2018 staff has been working with the applicant very closely. This site is
truly unique. It is the only island that has building rights within the City of Chanhassen. The
applicant’s goal is to build a single-family home for their family and an accessory dwelling unit
for his mother. The site contains bluffs and wetlands. It is located within the shoreland overlay
district of Lake Lucy and it has 100% tree canopy cover. The access driveway off of Lake Lucy
Road connects the island to Lake Lucy Road via a bridge. The length of this driveway is
approximately 1,600 feet and this is just the distance between Lake Lucy Road and the bridge
right here. Looking at the different options, we know that this is a lot of record, it is entitled to
the building of a single-family home. The applicant’s request was to have a principle structure
with an accessory dwelling unit. This can either be achieved via subdivision or rezoning the site
to planned unit development. We looked at the impact of subdividing the site versus rezoning it
to planned unit development. With a subdivision, you will be able to accomplish the additional
home; however, you will have to widen the driveway to 20 feet. There is additional grading, tree
removal, hard surface, potential for two additional home sites rather than the two that the
applicant is requesting. Also, there is more potential for grading with the extension of public
utilities. Through a planned unit development, the applicant would be able to use the existing
driveway. There is a septic system that is proposed on the site as well as a well. We are able
through the planned unit development regulations to cap the size of the accessory dwelling unit.
We can require the use of a single internal driveway and the planned unit development governing
the site would establish additional limitations on the site. The applicant selected to move forward
with a planned unit development approach. With that, staff directed the applicant to put together
a concept, bring it before the city to allow us to evaluate the request, and bring it before you. It is
important that we point out this is a concept. It was intended to give us an idea of what it is the
Chanhassen Planning Commission – December 1, 2020
owner of the property’s intentions were and how to write proper ordinances that address
concerns, improve potential development of the site, add regulations and improve the quality of
development. Some of the things that we’re able to accomplish is that the total permitted site
coverage is 20%. What the applicant is proposing is going to be below 15%, 14.5% with this
concept. We sent this concept to multiple agencies including the watershed, the DNR, and staff
at the city, and there was one reoccurring theme that was pointed out by the different agencies
and different staff members and that had to do with the amount of grading and what can be done
to reduce the grading. So we had a discussion with the property owner and the initial proposal
basically looked at serving the main home via one driveway. At the southern portion of the
island the driveway would split to serve the accessory dwelling unit. We recommended that the
applicant unify those driveways and share access, basically eliminating everything that you see
in the hatched red and the applicant can talk about that further but he did agree to this request
and understood that this was a concern to many different departments and different staff
members. What some of the other elements that this planned unit development will regulate is
the fact that you can have one single-family home and one accessory dwelling unit. The
ownership of those two homes; they cannot be sold separately. These will remain under single
ownership. There is no short-term lease and with short term we are defining it as less than three
months. We are limiting the size of the accessory dwelling unit. There are measures in place to
ensure fire prevention. We are requesting that the driveways be combined. The applicant was
directed to continue working with staff to promote preservation of natural features of the site. We
are limiting the size of the accessory structures which also include water-oriented structures for
the island. We are also regulating dock rights within this development. Staff is recommending
approval of this application of this request because I had mentioned earlier, yes it can be
subdivided but this is a mechanism for the city to regulate the future development of this site.
This is the type of development when basically a one-size-fits-all ordinance was difficult to
implement on a parcel such as this one. We are recommending approval with comments in the
staff report and as an adoption of the attached ordinance. One thing I do need to point out is that
staff received three emails in addition to the emails included in your staff report. They were from
Gregory Fast, Kathryn Randall (also goes by Betsy), and Kim and Tom McReavy. The emails
basically included comments requesting minimizing grading, concerns with potential light
pollution on the island, impact to surrounding habitat. Other comments involved support of the
project, commending the applicant for removing buckthorn from the island. With that, we will
make sure that these are incorporated as part of the public record when this items appears before
the city council. I’ll be happy to answer any questions.
Weick: Great. Thank you. I will open it up for commissioners to ask questions.
McGonagill: I have the same questions I had before on the previous item and it’s about fire.
They’re going to have a well and other fire suppression sprinklers inside the structures?
Al-Jaff: Correct.
Chanhassen Planning Commission – December 1, 2020
McGonagill: So there’s not a hydrant or anything down there? There’s no sewage down there?
They have their own septic system?
Al-Jaff: Correct. And there was a rather lengthy meeting that took place between the fire chief
and the applicant. They walked the site and they agreed upon a consultant that specializes in fire
suppression. The applicant would be able to speak to this matter further.
McGonagill: In the conversations with the fire chief is it his intention, as I just sit here looking at
the bridge, will the bridge take a fire truck?
Al-Jaff: Yes, actually it would.
McGonagill: So they could get equipment down there.
Al-Jaff: Correct. So what we are waiting for is official certification that the bridge will be able to
handle the truck. Preliminary investigations tell us that yes, it will be able to handle it.
McGonagill: Under the conditions of the PUD can you put in a requirement that the bridge
always be able to handle a truck? Bridges age. To meet that. I don’t know if there is a code for
that but I just want the ability to get an ambulance down there. At least to get one small piece of
equipment in there. If there was an emergency, that’s whose going to respond and I don’t want to
see the fire truck go blasting down through there no knowing if the bridge won’t take it and it
ends up in the lake.
Aanenson: I’m not sure you mentioned this Sharmeen but the house will be fire sprinkled.
McGonagill: Yes, she said that. But they respond. Like a 9-1-1 call, somebody calls and has a
heart attack or something and the fire guys, they respond. What I’m looking for is can in the
PUD you put requirements similar to commercial bridges. That it’s maintained at a certain
standard to allow fire equipment access.
Al-Jaff: Specifically from a safety standpoint and emergency management, that will be the
intent. Staff will check with the city attorney to ensure that…It is staff’s intent to ensure that this
requirement is part of the planned unit development. We will check with legal counsel.
McGonagill: The second question is similar to that. Is access for other commercial vehicles,
garbage trucks, etc., they will have the same?
Aanenson: Can I just clarify that, too? I think oftentimes in situations like that you have to bring
your garbage up to the street. That’s actually a private driveway so typically you take your trash
up to the end of the driveway, but we can clarify that.
Chanhassen Planning Commission – December 1, 2020
McGonagill: Okay. Very good. Because it’s, I just think about natural activities, landscaping,
and construction. People are going to always be doing something down there. There’s going to
be a weight requirement on that bridge?
Aanenson: Yes, when they are constructing the house for sure.
McGonagill: For sure and then as you go down the road it will be there too. I just want to ensure
that it’s maintained safely. I realize it’s a private drive. It’s not our responsibility. But with a
PUD it is. I mean we could put that in the PUD if that’s the way we want it to be done and just
ensure that it’s safe. Okay. That’s all the questions I have.
Weick: Great. Thank you. Other questions?
Noyes: I have a little bit of a follow up question to kind of the previous one and it’s related to
that private road and the maintenance of it. I would imagine the property owner is responsible for
the plowing of that road in the winter? The plowing of the snow? Are there any restrictions
related to use of road chemicals on that road given that this is a bridge over a lake.
Al-Jaff: So back in 1993 when the wetland alteration permit was approved for the construction of
the driveway one of the conditions was limiting chemicals used on the driveway.
Noyes: Thank you.
Skistad: I’m going to assume that flooding is not really an issue. It is an issue?
Al-Jaff: It is…the island sits over 30 feet above the ordinary high water mark of Lake Lucy so
it’s fine. It will be okay.
Skistad: Okay. The other question I had was the accessory dwelling unit. It says it has a
maximum of two bedrooms and it may not exceed 1600 square feet. I’m just wondering why we
are limiting it to two bedrooms because like a typical apartment would be 1200 to 1300 square
feet for a three-bedroom and this would be 1600 so it seems like…I was just curious about that.
Why we would be limiting it specifically to two bedrooms with 1600 feet?
Al-Jaff: So the 1600 feet was requested by the applicant. Number of bedrooms within the
structure, a couple of things came into play. The first one was the capacity of the septic system
that is proposed out there. This site will take in the sewage from the main house as well as the
accessory dwelling unit. The intent is to provide a place for mom to live as well as a potential
caregiver. So these are the two reasons why we limited the number of bedrooms, directly relating
to the septic system that’s going to serve this site. Also, we needed to ensure that this was not a
full-fledged detached single-family home but rather truly an accessory dwelling unit and it was
reasonable to limit the size.
Chanhassen Planning Commission – December 1, 2020
Skistad: Thank you.
McGonagill: Follow up on Commissioner Skistad’s septic system question, has any sort of
percolating test been done on the island to know if the septic system will work out there?
Aanenson: Just a second. Can you make sure you are speaking into your microphone?
McGonagill: Sure. I’m sorry. I’ll just repeat the question. Follow up on Commissioner Skistad’s
question on the septic system. Has any sort of percolating test been done on the island to give a
high degree of certainty that a septic system will work and not effluent go into the lake?
Aanenson: The Building Official looked at that, just cursory soil types, and they believe there is
a couple different types of systems but they are confident that one of those would work.
McGonagill: Okay. Thank you.
Von Oven: We’ve been very specific about this accessory dwelling unit so as not to make it a
sellable total home. I guess, given my unfamiliarity with those things, is there anything about an
accessory dwelling unit that makes it less safe than the requirements on a normal single-family
home?
Aanenson: No. It would still have to go through the building permit process. Be inspected like a
regular one. Again, the goal was, there’s no limit to the square footage of a home so you can
have one large home. In this circumstance they have identified a home and want to have an
ancillary one instead of saying you are going to get two lots. We want to cap those so it doesn’t
become two separate lots as Ms. Al-Jaff indicated. But it has to go through the same rigorous. It
would have to meet as Sharmeen indicated there would have to be sewer and water which would
be through the well and septic and in addition, all of the building codes.
Von Oven: I understand that it was the request of the applicant to make that accessory dwelling
unit a maximum of 1600 feet. I’m still confused on the max of two bedrooms. Sharmeen, I know
you said part of the reason for this was to ensure that it doesn’t turn into a single-family home.
Given that that’s covered in other areas, I’m going to make the assumption that the actual single-
family home to be built can has as many bedrooms as it wants, right?
Al-Jaff: That’s correct. As long as the number of bedrooms can be served via public or private
utilities.
Von Oven: Okay. I guess then my question ends up being this: Between these two structures, is
there a maximum number of bedrooms that the proposed sewage system will be able to handle,
and is that governed through some sort of inspection process?
Chanhassen Planning Commission – December 1, 2020
Aanenson: Correct. It is. They have to demonstrate that and it’s actually based on bedroom space
to your septic and well. Let’s just go back to the two separate dwellings again. If you have
enough to make it two complete homes then you have different traffic patterns, different use of
the property. So when it’s intended to be ancillary and regulated by the homeowner, it’s a
different feel than two separate homes with cars coming and going, two sets of trash being
hauled up to the end of the driveway, that sort of thing. We are looking, it says one structure with
something ancillary that is related to that principal structure.
Von Oven: Thank you.
Skistad: I guess I’m just going to ask a future question then. So if, let’s say that someone in the
future, a new person has purchased the property. Perhaps they will probably have to install a new
septic system so they won’t be able to increase the bedroom. The land won’t be able to have a
three-bedroom instead of a two-bedroom unit unless they come back to us and ask for a
variance?
Aanenson: Yes. Or amend the PUD. Typically, if you add additional bedrooms, you have to
demonstrate that you have sewer capacity. Could they oversize it to begin with? That’s potential.
I’m not sure. That is something that would have to be looked at at the time when they are putting
together the system. Any changes to the plan as laid out would have to come back. Any
modifications, which would have to come back as a PUD amendment. That’s why the PUD was
put together. To regulate all that’s being used.
Skistad: I understand what you are doing. I understand what you are saying, but let’s say that
they have an office and it just naturally becomes a bedroom at some point. I don’t know if there
is a better way to write that. Because the goal is to just make sure obviously that we don’t
overcome the sewage capacity because we don’t obviously want to spill anything into Lake
Lucy.
Weick: There is a septic field sizing attachment which is really long actually. They specify, and
there’s two different options. They specify seven bedrooms and then they sort of explain how
they can. It really comes down to the bedrooms. They explain how they can appropriately fit one
or two mounds or septic systems to support the seven bedrooms where they can build one for the
main house and one for the accessory structure. But there’s only so much space to be able to
have the runout fields and all that kind of stuff. I think what they are saying is it sounds like they
want that primary structure to be five bedrooms and honestly, I think all that’s left is just size.
Aanenson: Capacity.
Weick: Thank you. That’s a better word. Capacity. Is two bedroom. I think they are fully limited
by septic and nothing else.
Chanhassen Planning Commission – December 1, 2020
Aanenson: So if one of the bedrooms in the accessory building was being used as an office,
that’s fine. It wouldn’t affect.
Weick: Right.
Skistad: Okay.
Weick: Great. These are great questions. It’s awesome. It’s really important.
Reeder: Under normal regulations, is it possible for this accessory dwelling unit to be rented out
or would that be illegal? How would be control that?
Al-Jaff: They can rent it out but it cannot be a short-term lease. It has to be three months or more.
Reeder: So we essentially have two residences on one lot?
Al-Jaff: Correct. Which is permitted under a planned unit development.
Aanenson: It was proposed, it was originally intended to be an accessory structure for a
grandparent. Could it be used for something else? We always as planners try to anticipate
something in the future. So if you’re doing a weekly rental, you have a different capacity
whether there is two bedrooms. How it’s being used is different that someone who might rent it
for the summer or something like that. That’s how we looked at that it. Looking at having a
three-month as opposed to renting it out by the week.
Reeder: So there’s no requirement that the accessory building, the person that lives in that
building, be related to the main building? It can be anybody? It seems like we had one of these
accessory buildings I think about two years ago that we approved and I can’t remember what the
requirements were.
Aanenson: Right now we have a variance requirement that you can finish your basement off and
have someone living with you but that has to be related to you. It’s a different requirement. It is
certainly a requirement that you could put on this property. That’s certainly under the PUD. You
could say that the person living there has to be related. That’s an option. We gave a different
option.
Reeder: What is the intent of the proposed property owner?
Aanenson: I would have to ask the applicant to speak to that.
Skistad: I’m just going to look at this from a lease perspective again. I’m just going to assume
that, let’s just say it sold and they want to lease this secondary area. I’m going to assume that you
Chanhassen Planning Commission – December 1, 2020
could do a typical lease which runs 12 months and then possibly it turns into a month-to-month
lease but that wouldn’t cause any problems here because they would have met the minimum.
Aanenson: Yes.
Skistad: Okay.
Weick: Great. More thoughts or questions on this one for Sharmeen? Just holler if I’m rushing
you as commission members. If you need some more time to read or think, just holler at me. I
don’t want to push anybody.
Von Oven: Hey, Commissioner Weick!
Weick: Yes.
Von Oven: I’m hollering at you. I’ve been sitting here trying to figure out how to ask this
question so it’s not going to come out right. At the very beginning, Commissioner McGonagill
talked about the bridge and it was very clear to me that an existing bullet, there is not an existing
bullet in the PUD that says, “Hey, this bridge has to be safe.” So I think my question is more
procedural. For us as a Planning Commission tonight, moving forward with this. If there are
those of us who would like to see a bullet point in that PUD, is that be an amendment possibly?
Is that a motion? Is that something that can be done after the fact? How does that work?
Aanenson: I would recommend that you make it, if someone wanted that in the conditions, that
you make that an amendment to the motion, that that be added.
Von Oven: Okay.
McGonagill: Following up to his question procedurally, does that happen after the first motion or
can you make an amendment before then?
Aanenson: You can make it as part of your original motion.
Weick: As part of the motion.
Aanenson: So what we’re checking on is the legality. It is a lot of record so they could build on
that lot without going through this process and you would have the same jurisdiction. But we’ll
follow up on that and have that answer if you want to amend that motion and get that clarified
when it goes up to city council.
McGonagill: Very good.
Chanhassen Planning Commission – December 1, 2020
Von Oven: Got it. Okay, sorry. I’m going to repeat what you just said to make sure I understood
it. If the applicant was just going to build a single-family home, they could just do that in its
current state?
Aanenson: Yes.
Von Oven: The reason why our concerns about the bridge holding an ambulance could be met is
because they are asking for this variance. I’m sorry, this rezoning, in which case we have the
ability to amend what is being proposed right now as the PUD?
Aanenson: That is correct.
Von Oven: I think I’m getting this thing down. Thank you.
Weick: You’re killing it. But a motion is premature at this point because we have not heard from
the applicant or the public hearing. So unless there are other… I will move at this point to, and
we certainly have an opportunity to follow up with staff as questions come up. I would invite the
applicant if they are on the Zoom call to make any comments or a presentation.
Wicka: I am and thank you very much.
Weick: Welcome!
Wicka: Thank you. And thank you to all the members of the Planning Commission for
considering this rezoning request. My name is John Wicka. I live at 2547 Bridle Creek Trail in
Chanhassen with my wife and five daughters. We’ve been, I don’t know if this qualifies, in
Chanhassen as long-time residents but we’ve been here is this house for 17 years. At least we’re
not newcomers. I thank you for the opportunity to speak to you all and offer you a little
additional information and commentary for your consideration as you consider this rezoning
request. The first time my wife and I experienced the island was in June of 2018, just over two
years ago and it was just recently put up for sale by Al and Mary Weingart who live on the
adjacent property and still do. It was their dream to build a home out on the island. They’re the
ones that oversaw the building of the bridge so I’ll come back around and talk more about that
and I will be happy to answer any questions pertaining to the bridge. I understand there is a lot of
concern in and around that. When we first experienced the island in June of 2018 I think our first
reaction was I guess we couldn’t believe it was available. It’s sizeable. It has some acreage to it.
It’s unique. It’s an island but it’s even better than an island. It’s an island with a pre-existing,
very capable bridge that is intended to support fire trucks and construction trucks and so forth. It
was really an ideal find for us. If you’ve had a chance to consider the topography map there, the
top graphic map, it’s very interesting topography. It’s flat around many of the edges but it has
this elevation in the center of the island and there are bluffs there. There are bluff setbacks there.
There are wetland setbacks so there is a lot of dynamic things happening on the island but it is
indisputably breathtakingly beautiful. We were excited about the opportunity because of the size
Chanhassen Planning Commission – December 1, 2020
of the property and it had been our desire for several years to build a home for my mother who is
now 86 years old near us. My dad died 21 years ago so this has been kind of something that
we’ve been thinking of considering and planning for some time now. My mother is fiercely
independent but she is 86 years old. She now really relishes or welcomes or is excited about the
opportunity to maintain her independence but still have us just a moment’s notice away. So this
was one of the big motivations for us to purchase the island because we thought it gave us the
elbow room, if you will, to build a separate structure for her. Just two months later we purchased
the island and at that time the first order of business was to eradicate the buckthorn. I think about
it as kind of freeing the island because the buckthorn had a choke hold on the island. I think it
was a neighbor’s comment that Sharmeen referenced a few moments ago that they were glad that
we took out the buckthorn. I worked with Jill Sinclair. Walked the island with her over two years
ago. She made some recommendations on some experts that could remove the buckthorn and
treat it. It transformed the island back to its natural state. So it was very important for us to get
the balance back to the island, and it doesn’t surprise me that the neighbors were in favor or
positively affected by that because they all look at the island. It makes the view of the island so
much more interesting because you get depth. It looked like an overgrown bush. You couldn’t
see into it. You couldn’t penetrate it. Frankly, when you were on the island you couldn’t see the
water from the interior of the island. So that was important to us. I don’t know what your
experience is with buckthorn but I didn’t realize they grew into trees. Sizeable, 14-inch diameter
type size trees. So it was not a small undertaking. At the same time in August of 2018 when we
undertook the eradication of the buckthorn, we ran off full speed with an architect to build our
dream home and with an attached, if you will, living structure for my mother. We intended to do
that via connecting it by a skyway or a tunnel so that we met all of the city requirements. But, the
things that make the island beautiful and unique and magical also make it a very challenging
piece of property to build on. Again, there are bluffs. There are bluff setbacks. There are wetland
setbacks. There was only one sensible place to put the septic system. There is a lot of elevation in
the interior of the island so getting the grading right to get up that high is tricky business. Sadly,
about five months later after spending a fair amount of money in architectural fees, we bagged it.
We were demoralized. We couldn’t get it right. It was like putting together a puzzle and we
couldn’t seem to kind of crack the code to make it work, so we stopped. We let several months
go by. I did reach out to city staff and I had all sorts’ questions about variances and every time
we turned around we hit another complication and we just couldn’t get it to work. But after kind
of a cooling off period we took a second attempt at it but we stopped again because it just was
overwhelming. It was an emotionally overwhelming, and I know you may be thinking how can it
be so hard when there is that much space to work with? But again, all of the complexities layered
on top of each other make it a very challenging task. So I circled back with city staff another
time looking for more out-of-the-box solutions, if you will, and that’s when I discovered that
single-family residential was an option. So, we started looking at that and we realized that that
was a really big undertaking. As Sharmeen, the road coming down that services the island from
Lake Lucy Road would have to be widened considerably. There were, I think, nine or more
agencies that were involved in the original construction of the road and bridge in 1998-1999 and
so to bring sewer and water down, the only way we could get our head around that would be to
involve a developer and go through the whole subdividing of the island and that’s not what we
Chanhassen Planning Commission – December 1, 2020
had in mind for the island. We were enamored with natural beauty of it and this felt like we
would have to get very creative and create lots and the size of the roads and the cul-de-sacs and
the infrastructure just made this a very undesirable option. That led us to the option to consider
the PUD which, the way I understand it, is it provides some flexibility in creating exceptions that
we are talking about here today but also requires, if you will, something in return, meeting the
higher standards, sprinklers, or the turnarounds for the fire trucks, the higher building standards.
We intend to build a green, being environmentally green with solar and geothermal and high
building standards, and high-quality windows, and recapturing rainwater for reuse, that type of
thing. So we intend to meet the higher standards in the conditions put upon the PUD request.
This seemed to be a much more sensible solution, not only for what we were trying to
accomplish, but really for all parties involved. The impact on the island is much lower than going
for single-family residential. It’s better for the community, for the neighborhood, for the island,
and so it seemed to be much more sensible and while I suppose the single-family residential is an
option, it’s not a very good option. We would like to preserve the integrity of the island, not only
now but into the future and we think this is a way to do that. I only have a few more comments if
you can bear with me for just a few more moments. I did have a chance to meet with the city and
county experts on some of the challenges that the island offers. I was able to walk the island with
Fire Chief Don Johnson… (coughing). I just got over COVID so pardon the cough here.
Weick: Thanks.
Wicka: I’m in the clear now but I can tell it is still affecting my throat. I was able to walk the
island with Fire Chief Don Johnson and he understandably had some concerns, some of them
that you stated. That’s why we had gone through, I went back to the bridge builder and designers
and it is and always was designed to carry not only construction trucks, but emergency vehicles
and fire trucks. I’ll come back and be happy to answer questions about that. We also
incorporated turnarounds for the fire trucks. I heard some of that commentary and concerns in
the previous PUD that you were discussing. So we have accounted for that. I also was able to
have a Zoom meeting with Terry Jeffery, Watershed Planning Manager with Bluff Creek. I also
learned quite a lot in my conversation with Terry and was very pleased because I know this is
high on everybody’s list, keeping the integrity of the water and the cleanliness of the lake. That’s
certainly a concern of ours. I was very pleased in that conversation with Terry. He was very
matter of fact. He knew exactly which five concerns he had that we needed to meet and we went
through them together. I won’t put words in his mouth because I’m sure he’s commented on his
own, but by the end of the conversation I think we, I think I can say both agreed that the island
actually handled all of these requirements very well, actually. We didn’t have any concerns
there. I’ll trust that he gave his own report and that it’s consistent with what I’m saying. The
driveway, the purpose for that driveway that runs further to the south that forks off was to service
the accessory dwelling unit. The reason for that, and I have a little bit of heartburn giving that up
I’ll be honest with you, but I’m willing to make that a condition is because it’s flat. If you can
see those topographic lines there it doesn’t climb the elevated area of the island. It runs along the
south side and is largely flat. That was intended to make it easier for my aging mother to be able
to go out and walk and get outside, frankly, and enjoy the island. But, as I said, we have agreed
Chanhassen Planning Commission – December 1, 2020
to make it a condition. There were multiple comments on that assuming that’s still desirable we
have agreed to have the one driveway service both dwelling units. My final comment is I did
initiate some outreach to the Lake Lucy Homeowners Association and that consisted of all lot
owners on Lake Lucy and they are the ones most impacted by any development that we do on the
island, whatsoever. So I did initiate some outreach there. Because of COVID we weren’t able to
organize any in-person meeting, but I did encourage them all to bring any questions or concerns
with me. I did hear from three of the parties. I was able to answer their questions. Most of them
were curiosities and clarification. I believe I have all of their support, at least I’m not aware of
anyone that doesn’t support it. I was able to provide them with clearer maps than were available
on the city website so they could get a better understand of what we were after. So, I feel pretty
good about engaging the neighborhood and as I said I heard from some of them but I think it was
all positive interaction and I hope and I believe that I have their support. Again, I would like to
thank you all for your consideration here and I’m happy to take any questions you might have.
Weick: Wow. Thank you so much. That offers a lot of color and clarity on what you’re trying to
do and thank you for hanging in there with your cough and giving us that. That’s really helpful. I
will open it up though. I know there were several questions that commission members had raised
that I know would have been properly answered by you. I don’t know if those have already been
answered but we’ll open it up to the commission members to either ask follow ups on those
questions or ask new questions.
McGonagill: Thank you for a very good presentation and walking us through this. You walked
with the Fire Chief so I would assume, talk to us about the bridge that there is a certain design
standard the bridge has been designed to and it was for construction equipment and for fire
equipment and it is your intention to maintain that standard in the bridge going forward?
Wicka: Yes it is Commissioner and thank you for the opportunity to come back around and
address the concerns around the bridge. Fire Chief Johnson was, we had quite a lot of back and
forth via email after our meeting and he was able to provide me with the specifications on the
two, I believe they are the two largest trucks, but they are also the two primary trucks that would
service the island in case of a fire. I did share that with the company that built the bridge. They
went to their engineers and shared with me that the bridge was designed and built to support
trucks of that size. That answers I think the question in terms of when it was originally built. I
think your question is a fair one in terms of ongoing upkeep and maintenance and as long as it’s
a reasonable interval so that, because I am sure there are cost implications that come with this,
but as long as there is a reasonable interval to recertify it with an engineering firm that it is still
capable or operating as designed, still capable of supporting those trucks, I would be happy to
incorporate that.
McGonagill: Thank you. I appreciate that because just like you I’ve got some elderly parents and
when I call emergency services I want them to be able to get to them, and it’s very true to you,
too. On the design, one of the questions I have for you is, I didn’t see it. I may have missed it
Chanhassen Planning Commission – December 1, 2020
because I just probably missed it. There’s a two-story guest house and there is also an accessory
structure at the end of the first driveway. Is that a garage?
Wicka: I think it’s ultimately going to be a multi-purpose structure. It’s put there because as
someone was pointing out earlier we’re going to be responsible for a lot of private driveway
here. So I’m envisioning a plow in there and probably other utility-type tools and needs for the
island. We put it there so it was kind of closer to the access point of the island and also a little bit
out of the way although we intend to design it such that it’s equally attractive to the rest of the
structures on the island.
McGonagill: Thank you. That’s all I had Mr. Chairman.
Weick: Great. Thank you. Any other questions for our applicant?
Skistad: I don’t have a question I just have a, I guess a statement. My goal, my questions about
the limitations of the bedrooms was just to make sure we weren’t putting a limitation over the
property unnecessarily. That was the only goal with that. I think it sounds like a great project so
I’m for it so that was the reason for reason for those questions.
Weick: Great. Thank you.
Wicka: And thank you Commissioner for that thought. I appreciate it. When it was suggested
that it be limited we were agreeable to it because as previously stated the concept is just a space
for my mother and perhaps a caregiver. So thank you.
Aanenson: Mr. Chair, if you want to open the public hearing.
Weick: I will. I was just giving people a second in case they wanted to speak. I always feel like
I’m talking over somebody. Thank you Commission members and thank you for, again, a really
thorough and honest appraisal of how you are going to use that beautiful piece of property so
thank you very much for joining us. At this time I will open the public hearing portion. If anyone
would like to come forward and speak and opinion on this matter may do so now. Sharmeen, you
already. I might be mixing my cases but I think you already summarized the emails for us, right?
Al-Jaff: I did.
Weick: Yes. Thank you. And those will be in the record and the telephone number has been up
on the screen for a little bit. Would you like to? Yeah, absolutely. So we have someone joining
us here in chambers. Again, as you’ve heard, just please speak very loudly into the microphone.
Frerichs: Thank you very much. I’m Roger Frerichs and we are neighbors on Lakeway Drive, the
street right over next to it. I didn’t come here with any particular speech in mind but I came with
less knowledge and so after hearing the discussion of the owner, it sounds like he’s trying to
Chanhassen Planning Commission – December 1, 2020
maintain the beauty that that island has and that’s why I think it should be something that we
should favor.
Weick: Thank you so much. I’m happy to agree. I do think it’sa , considering the alternatives, I
think it’s certainly a good use. Any phone calls?
Al-Jaff: I haven’t heard so far. None.
Weick: None. With that and with no one else here in chambers I will close the public hearing
portion of tonight’s matter and open to commissioner comment, discussion, and motion. And I
pre-empted a little bit there. It is getting late, I have to admit and I’m maybe getting a little
dreary. I offered my opinion there a little bit too soon but I am certainly in favor of this PUD. I
imagine that if there is concern from neighbors or public like myself, I was envisioning a typical
development that we look at where they come in and they grade it down, they clear out the trees,
they build four houses and four docks. You know what I mean? That option I think would be
disappointing at least to me and I imagine for some of the local residents as well. I would
imagine once seeing and hearing these plans it puts to rest those concerns of dramatically
changing the view of that island which I just don’t think will happen. I am certainly strongly in
favor of the PUD in this instance, and if things want to be added to it, we can certainly do that as
part of the motion.
McGonagill: Mr. Chairman, I agree with you to stick with the other, just to the small amendment
we talked about on the bridge just for emergency access. I’m also there with you because, let’s
face it. This is privately owned. It’s property that someone has owned and purposed. They have
the constitutional right to develop it and they worked through the process and I think it’s about as
nice as one could imagine if he carries out the plans that he’s talking about it would be great. So,
yes I think it’s a good use of the property for a very unusual one.
Weick: Yeah. Sure.
McGonagill: It will add a lot to look of the lake in many ways. But I will be proposing the, some
amendment on the, just so the bridge remains within a certain level of usability by fire, by
emergency equipment. I’ll say it that way. And I’ll let staff sort out what it needs to look like.
Weick: Fair enough. How do the rest of you feel?
Von Oven: And therein lies the experience of Commissioner McGonagill because I’m sitting
here racking my brain trying to figure out how we amend this thing on the fly and get that all in
and he knows he can just rely on staff to do that. I’m in the same boat. It’s funny. One, what a
fantastic project both from the standpoint of I’m super jealous of what you are doing. This is
beautiful and what a great project. Two, it’s probably the first project that’s come through where
as a commissioner I have zero fear of us setting some sort of a precedent here because we’re
never going to see another property like this so, variance away here. It’s great. The third part is
Chanhassen Planning Commission – December 1, 2020
that I’m not at all worried about the applicant and his any lack of letting that bridge deteriorate.
He will have every reason in the world to ensure that emergency personnel can access that
property. The reason that I will support, however Commissioner McGonagill gets this done, is
for the next owner. For that owner down the road who might be renting the property out, which I
am also in favor of for long term and I’m glad that provision was put it there, to just ensure that
we don’t end up with a situation many, many years from now where someone is renting out the
property to someone else and they’re letting the bridge deteriorate. I do not want to put any
undue burden on Mr. Wicka for yearly engineering reviews of the bridge. I just don’t know how
that works. But finding a way where we ensure that for the long term that very unique structure
maintains safety standards without putting the undue burden on Mr. Wicka is what I would be in
favor of.
McGonagill: I support you in that regard. Five daughters, he’ll have 15 grandchildren pretty soon
and he will want emergency personnel in there.
Weick: Great. Those are great thoughts and great viewpoints. Go ahead.
McGonagill: Are you ready for a recommendation?
Weick: Sure.
McGonagill moved, Skistad seconded for the Planning Commission to recommend
approval of rezoning of the property located at 1601 Lake Lucy Road with an approximate
area of 9.03 acres from Rural Residential to Planned Unit Development-Residential
incorporating the attached standards and adoption of the Findings of Fact and Decision
recommendation, including an amendment that staff will work with the property owner to
develop appropriate safety standards for the continued maintenance of the bridge. All
voted in favor and the motion carried unanimously with a vote of 7 to 0.