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PC Staff Report 9-6-05 ~ z < u ~ ~ ~ ~ < < ~ < ~ ~ ~ ~ rJJ PC DATE: September 6, 2005 IT] CC DATE: September 26, 2005 CITY OF CHANHASSEN REVIEW DEADLINE: September 27, 2005 CASE #: 05-26 BY: RG, LH, ML, AM, JS, ST STAFF REPORT PROPOSAL: Request for Subdivision of Lot 2, Block 1, Sathre Addition (6605 Horseshoe Curve) into 3 lots with Variances for flag lots. LOCATION: 6605 Horseshoe Curve D~r APPLICANT: Ron Harvieux 6605 Horseshoe Curve Chanhassen, MN 55317 PRESENT ZONING: Single-Family Residential District, RSF 2020 LAND USE PLAN: Residential- Low Density ACREAGE: 1.99 acres DENSITY: Gross/Net: 1.51 units/acre SUMMARY OF REQUEST: The applicant is requesting subdivision approval to create three lots with variances for two of the lots to be flag lots. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Location Map Harvieux Subdivision Planning Case No. 05-26 6605 Horseshoe Curve City of Chanhassen Lotus Lake SCANNED The northern portion of the property is densely wooded. Lots 1 and 2 will be custom graded at the time of building the individual homes. Detailed grading, drainage, tree removal, and erosion control plans will be required for each of the lots at the time of building permit application. Harvieux Subdivision Planning Case No. 05-26 September 6, 2005 Page 2 of 10 PROPOSAL~~RY The property owners are proposing the subdivision of their lot into three lots, adding two lots north of the existing home. The existing house (Lot 3) will be accessed via the existing shared driveway with the property to the west through a short neck that connects to the public street. Lot 1 has full frontage on Horseshoe Curve. Lot 2 is accessed via an approximately 40-foot neck area. The property owner proposed this wider area to permit a driveway to meander along its length, preserving three 34-inch oaks. Staff is recommending that the driveway location for this lot be moved as far south at the street as possible, while still preserving the significant oaks. __l.oI2~""..,} ~ :"O$o.n. ~ "K'"'-"L 'rotRl"__ .u1t~ ...._ 1"'25<tJ1. :fo/Hot-"'_J.J..7... _......... .IHOs"tl. .::::;::tOll(~::::! E: ~.... :~~ EE ."___1","-, N ~ ~--::F.~~ ..,;-2~ ?:~ _.~~w~~". ~ u.::U:uRffV:;or:f~rlf:. ~i.l;r~~"';''r'~~...J''.~ ,:;:;:. uws_ ~~~.'P' . ~c _ .... PUEl.IMINARY PLAT r.::~t:8Jm:::~ :::~_..... ._. .....__~~!_ I'~sr< llAUVleUX ADDITION RON HARVIEUX 0605 lforseshoe Curve Chanha~sen. MblJH~$()ta North and east of the site are single-family homes within the Sathre Addition. To the south is Lotus Lake. West of the site is a single-family home within Pleasant View Addition, Horseshoe Curve and a portion of Pleasant View Road. The site slopes from a high point of 958 in the north central portion of the site westerly to an elevation of 948 at the intersection of Pleasant View Road and Horseshoe Curve, easterly to an elevation of 932 at the property line, and southerly to a low of 898 near the lake. Lotus Lake has an ordinary high water elevation of 896.3. Sewer and water are available to the property. Access shall be via Horseshoe Curve. At one time, the entire parcel had frontage on dedicated street right-of-way (Horseshoe Curve and Balder A venue). However, over time, this right-of-way has been vacated and the property owner was advised that they would not need it for street frontage purposes as part of a subdivision of the property because the ordinance at that time permitted up to four homes to access via a private street Currently, the City Code requires variance approval for the use of private streets and flag lots. Staff is recommending approval of the development subject to the conditions of approval. Harvieux Subdivision Planning Case No. 05-26 September 6, 2005 Page 3 of 10 APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 20, Article XII, "RSF' Single-Family Residential District Chapter 20, Article VII, Shoreland Management District BACKGROUND On February 12, 1990, the Chanhassen City Council approved a partial vacation of unimproved Balder Avenue located to the west of the site (Vacation #90-1). On July 23, 1990, the Chanhassen City Council approved the final plat for Sathre Addition creating three lots. This parcel was incorporated in that plat because Mr. Sathre had a 15-foot wide strip of land that separated this parcel from the public street (Subdivision #89-20). On September 19, 1991, the Chanhassen City Council granted a 17-foot variance from the 75-foot shoreland setback for the purpose of constructing a deck (Variance #91-09). On July 27, 1992, the Chanhassen City Council approved resolution #92-84 vacating a portion of Hillside Avenue, Horseshoe Curve and Balder Avenue right-of-way adjacent to the parcel (Vacation #92-05). The staff report at the time read, in part, as follows: "In 1990, when the applicants first applied for the vacation of Balder A venue, staff recommended that the northerly portion of the road remain as public right-of-way. The reason for this was should Lot 2, Block 1, Sathre's Addition be subdivided, it would have adequate street frontage as the zoning ordinance requires 90 feet of street frontage per single family lot. However, since that time, the City adopted an ordinance allowing up to four parcels to be served by a private driveway. This eliminates the need of retaining the public street frontage on Balder A venue as the existing driveway serving Lot 2, Block 1 could be utilized to service any newly created parcels." STREETS/ACCESS The plan does not show any public street improvement, it proposes accessing the lots via a private driveway access from the northeast comer of the parcel off Pleasant View Road and Horseshoe Curve. Staff recommends relocating Lot 2 driveway access to the south along Lot 1 north property line, to create more separation from the northern parcel existing access. In order to permit flag lots, the City must find that the following conditions exist (section 18-57 (q) of the Chanhassen City Code): a. The prevailing development pattern makes it unfeasible or inappropriate to construct a public/private street. In making this determination, the City may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. Extension of a public/private street to the two new homes would significantly impact the densely wooded area on the property. Harvieux Subdivision Planning Case No. 05-26 September 6, 2005 Page 4 of 10 b. After reviewing the surrounding area, it is concluded that an extension of the public or a private street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. Public streets are not necessary to access the property to the east, which is currently developed with single- family homes and accessed via Pleasant View Road. c. The use of the flag lot will permit enhanced protection of the City's natural resources including wetlands and forested areas. The flag lot permits the driveway to meander preserving three significant oaks. LANDSCAPINGffREE PRESERVATION Tree canopy coverage and preservation calculations for the subdivision are as follows: Total upland area (including outlots) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 86,491 SF or 1.98 ac. 75% (65533 SF) 46% or 39,785 SF 59% or 51,133 SF Developer meets minimum canopy coverage allowed. A minimum of one tree is required in the front yard setback area of each lot. Only trees shown on the preliminary plat as being removed shall be allowed. Any other trees removed shall be replaced at a rate of 2: 1 diameter inches. Bufferyard plantings are required along Pleasant View Road on Lot 2. The length is forty feet and it is necessary to locate the driveway within this area. The applicant is proposing to save a 34" oak in this area and the house for this lot will be set back over 160 feet. No further bufferyard plantings are required along Pleasant View Road on Lot 2. PARKS AND OPEN SPACE COMPREHENSIVE PARK PLAN This site is wholly within the neighborhood park service area of North Lotus Lake Park. This park offers a wide variety of amenities including tennis courts, ball fields, a children's playground, picnic shelter, lighted hockey and open skating rinks, open space and a walking trail. Residents of Harvieux Addition will access the park via Pleasant View Road. It should be noted that sidewalks are not available. No additional parkland dedication is required in this area of the City; therefore, park dedication dollars will be required in lieu of land dedication for the two new lots (2 lots X $4,000 per lot = $8,000). COMPREHENSIVE TRAIL PLAN No sidewalks or trails are currently available along Pleasant View Road. It is unlikely that these amenities will be constructed in the future even though a pedestrian route along Pleasant View Road is identified in the Comprehensive Plan. No additional trail construction is being recommended as a condition of this development. Harvieux Subdivision Planning Case No. 05-26 September 6, 2005 Page 5 of 10 GRADING/DRAINAGE & EROSION CONTROL The existing site is heavily wooded with tree cover over approximately 80% of area with an existing house. The plans propose to grade about 9% to create two new house pads and a proposed private driveway access of Horseshoe Curve for Lot 1 and off Pleasant View Road for Lot 2. The proposed grading will prepare the site for full walkout house pads. Drainage swales have been proposed along the sides of the houses to maintain the neighborhood drainage pattern through the property. The existing site drainage is encompassed within two different drainage areas. The site drains off site to the southeast and southwest directions toward Lotus Lake. The applicant is utilizing the existing grade contour and is not proposing any storm sewer system. Over all, staff is fine with the proposed grading but has some concerns on the grades along the east side of the parcel that may affect the existing house on the east of the parcel. As such, staff would recommend the installation of gutters on the house on Lot 2 discharging drainage to the southwest comer. The plan proposes retaining walls for the driveway access on Lots 1 and 2. The applicant should be aware that any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota. Also, it will require a building permit from the Building Department. Tree preservation fencing must be installed at the limits of tree removal. All disturbed areas, as a result of construction, shall be seeded and mulched or sodded immediately after grading to minimize erosion. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. Erosion Control Erosion control blanket should be installed on all slopes greater than or equal to 3:1. All exposed soil areas should have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Steeper than 3: 1 10:1 t03:1 Flatter than 10: 1 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) Tvpe of Slope Time Silt fencing should be installed as detailed on the proposed plan. The existing erosion control fence drawing should be replaced with City of Chanhassen Detail Plate 5300. Street cleaning of soil tracked onto public streets should include daily street scraping and street sweeping as needed. Harvieux Subdivision Planning Case No. 05-26 September 6, 2005 Page 6 of 10 Shoreland Management District The proposed subdivision is within 1,000 feet of the Lotus Lake OHW of 896.3. Within the Shoreland Management district, the impervious surface coverage cannot exceed 25 percent. Currently, Lot 2 shows impervious surface coverage at 24.5 percent. This allows only an additional 117.75 square feet of additional impervious surface on Lot 2 before the 25 percent impervious coverage limit is reached. The installation of additional hard surfaces may cause Lot 2 to exceed the impervious coverage limit. Any hard surfaces (e.g., retaining walls, patios, decks, sidewalks) that may be needed should be illustrated on the proposed subdivision plan to ensure maximum impervious coverage is not exceeded. The plans should show the ordinary high water level (OHW) of Lotus Lake (896.3) and the required 75-foot setback. Surface Water Mana2ement Fees Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $1,093/acre. Based on the proposed developed area of approximately 1.99 acres, the water quality fees associated with this project are $2,175. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average cit- wide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single- family residential developments have a connection charge of $2,705 per developable acre. This results in a water quantity fee of approximately $5,383 for the proposed development. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $7,558. UTILITIES No public utility improvement is proposed as the applicant is proposing to extend the water and sanitary services from City sewer and watermain off Pleasant View Road for Lot 2 and off Horseshoe Curve for Lot 1. The developer must submit a security to ensure that the street cuts are properly restored to City standards. According to the City's Finance Department records, the parcel was previously assessed for one sanitary sewer and water hookup. However, the sanitary sewer and water hookup charges will still be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. Harvieux Subdivision Planning Case No. 05-26 September 6, 2005 Page 7 of 10 EASEMENTS Standard drainage and utility easements shall be dedicated over the front, side and rear yards within the subdivision. A cross-access and maintenance agreement shall be recorded over Lot 3 for the benefit of Lot 46, Pleasant View Addition for the existing driveway. COMPLIANCE TABLE Area (square Frontage Depth (feet) Setbacks: Net Lot Area feet) (feet) front, side, excluding rear, lake neck (square (feet) feet) Code 15,000; 90; 100 for 125 30,10,30,75 20,000 lake flag lot lot Lot 1 15,152 97.5 138 30,1O,30,na NA Lot 2 23,975 155 (flag) 149 30,1O,30,na 18,442 sq. ft. Lot 3 47,364 285 (flag) 234 30,10,30,75 46,441 sq. ft. Total 86,491 The front lot lines for Lots 2 and 3 are the westerly lot lines. Lot width on neck or flag lots and lots accessed by private streets shall be 100 feet as measured at the front building setback line. Neck/flag lots must, by definition, be a minimum of 30 feet wide. The applicant shall revise the plat to incorporate a 30-foot neck for Lot 3. This will result in the reconfiguration of Lot 1 and possibly Lot 2 as well in order to maintain the minimum required lot areas. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends approval of the preliminary Plat for Harvieux Addition with a variance for the use of flag lots, plans prepared by Demars-Gabriel Land Surveyors, Inc., dated 8/04/05, based on the findings of fact attached to this report and subject to the following conditions: 1. Only trees shown on the preliminary plat as being removed shall be allowed. No trees are to be removed on Lot 1. Four trees are allowed to be removed on Lot 2. Any other trees removed shall be replaced at a rate of 2: 1 diameter inches. 2. Tree preservation fence shall be installed at the grading/clearing limits prior to any construction activities and shall remain in place until construction is complete. Harvieux Subdivision Planning Case No. 05-26 September 6, 2005 Page 8 of 10 3. Detailed grading, drainage, tree removal, and erosion control plans will be required for Lots 1 and 2 at the time of building permit application. 4. The front lot lines for Lots 2 and 3 are the westerly lot lines. 5. Neck/flag lots must, by definition, be a minimum of 30 feet wide. The applicant shall revise the plat to incorporate a 30-foot neck for Lot 3. 6. If grading will be done, a final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. 7. Separate water and sewer services must be provided for each lot. 8. Addresses for each home must be posted on Horseshoe Curve and on each home. 9. No burning permits will be issued. Trees must either be chipped or removed from site. 10. Builder/Developer must comply with Chanhassen Fire Department Policy #29-1991 regarding premise identification. 11. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) 12. The existing erosion control fence drawing shall be replaced with City of Chanhassen detail plate 5300. 13. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed 14. Any hard surfaces (e.g., retaining walls, patios, decks, sidewalks) that may be needed shall be illustrated on the proposed subdivision plan to ensure maximum impervious coverage is not exceeded. 15. The plans shall show the ordinary high water level (OHW) of Lotus Lake (896.3) and the required 75-foot setback. 16. The applicant shall pay the total SWMP fee, due payable to the City at the time of final plat recording. At this time, the estimated fee is $7,558. 17. The developer shall pay full park fees for the two new lots at the time of final plat recording. Harvieux Subdivision Planning Case No. 05-26 September 6, 2005 Page 9 of 10 18. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, MN Department of Health, MCES, and Watershed District. 19. Show the benchmark used for the site survey. 20. Tree preservation fencing must be installed at the limits of tree removal. 21. Extend the silt fence to the north along the west side. 22. Add a note to the plan: All sanitary services must be 6-inch PVC-SDR26 and water service 1- inch copper. 23. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 24. The sanitary sewer and water hookup charges are applicable for each of the new lots. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. 25. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. 26. Add the following City detail plates to the plans: 2001, 5200, 5300 and 5301. 27. Gutters must be installed on the house on Lot 2 and must discharge to the southwest comer. 28. Submit a security to ensure that the street cuts are properly restored to City standards. 29. The applicant should be aware that any retaining wall more than 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota. Also, it will require a building permit through the City's Building Department. 30. Maximum side slope is 3:1, adjust 956' contour north of proposed house on Lot 2 accordingly. 31. Cleanouts are required at all bends of the sanitary sewer service or every 90 feet, whichever is less. 32. Relocate Lot 2 driveway access to the south along Lot 1 northerly property line. 33. Standard drainage and utility easements shall be dedicated over the front, side and rear yards within the subdivision. 34. A cross-access and maintenance agreement shall be recorded over Lot 3 for the benefit of Lot 46, Pleasant View Addition, for the existing driveway. Harvieux Subdivision Planning Case No. 05-26 September 6, 2005 Page 10 of 10 ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Public Hearing Notice and Affidavit of Mailing 4. Rationale for Subdivision - Harvieux Addition 5. Reduced Copy Preliminary Plat 6. Memo to Robert Generous from Mark Littfin dated 8/10/05 g:\plan\2005 planning cases\05-26 harvieux subdivision\staff report harvieux.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Ron Harvieux for the Subdivision of one lot in to three lots with a variance for the use of flag lots - Planning Case 05-26. On September 6,2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Ron Harvieux for preliminary plat approval of property. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential District, RSF. 2. The property is guided in the Land Use Plan for Residential- Low Density uses. 3. The legal description of the property is: Lot 2, Block 1, Sathre Addition; and that part of Horseshoe Curve, originally dedicated in the record plat of Sathre Addition and now vacated which lies easterly of a line described as follows: Commencing at the northwest corner of Lot 2, Block 1, in said Sathre Addition; thence southerly, a distance of 84.82 feet, along the westerly line of said Lot 2, to the point of beginning of the line to be described; thence southerly, tangent to the curve on said westerly line, a distance of 53.28 feet; thence southerly, on a tangential curve concave to the west having a radius of 150.04 feet, to the west line of said Horseshoe Curve 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: (1) The proposed subdivision is consistent with the zoning ordinance; (2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; (3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; (4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; 1 (5) The proposed subdivision will not cause significant environmental damage; (6) The proposed subdivision will not conflict with easements of record; and (7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. 5. VARIANCE FINDINGS (Flag Lots) (1) The hardship is not a mere inconvenience, but permits enhanced protection of the wooded areas. (2) The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. (3) The conditions upon which the request is based are unique and not generally applicable to other property and a result of the unique history of the property and adjacent right-of-way and development. (4) The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and comprehensive plan. 6. The planning report #05-26 dated September 6,2005, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the Preliminary Plat with variances for the use of flag lots. ADOPTED by the Chanhassen Planning Commission this 6th day of September, 2005. CHANHASSEN PLANNING COMMISSION BY: Vli Sacchet, Its Chairman 2 Planning Case No. 05 -d..l.o CITY OF CHANHASSEN CITY~~g~f~~~SSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 AUG 5 2005 DEVELOPMENT REVIEW APPLICATIONCHANHASSENPLANNINGDEPT Owner NqJ:lle and Address: d~ Contact: OYI Phone: q5;L-1-7 /f- U<rLFax: Email: /'tIY1l;dr" ,'lee/)< ~ Cd-r!AfrrtK-. Itd- Contact: Phone: Email: Fax: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit 'J Variance z.o () Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign** - $75 + $100 Damage Deposit f7) . Site Plan Review* X Escrow for Filing Fees/Attorney Cost*** ItJo - $50 CUP/SPRNACNARIWAP/Metes &Bounds - $450 Minor SUB .----- TOTAL FEE $ '770 L Subdivision* .306. An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. * Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8%" X l1"reduced copy for each plan sheet along with a diQital COpy in TIFF-Group 4 (*.tif) format. ** Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. *** Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. 'CANNED PROJECT NAME: . ,~~ tt-zJ,t? /7Z0AJ LOCATION: 000S::- . l[kc:Je W/v-e LEGAL DESCRIPTION: Lo Z 6tSck J JcJ-;-;{/~ V(JC~W /J~/clo/ .L )c7r iif~f VFfl~ T :-erhde Cu;,~ WETLANDS PRESENT: YES KSF REQUESTED ZONING: K> F 22-. c rc:.s -X- NO TOTAL ACREAGE: PRESENT ZONING: PRESENT LAND USE DESIGNATION: ;&~/-d~;; ~(I6UJ -4eyr~/7 ( { REQUESTED LAND USE DESIGNATION: ~d51J131W1 (/ . JJdfcr? I //lm ;. t( REASON FOR REQUEST: Z /af This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proce "th the study. The documents and information I have submitted are true and corr~ct to the best of my knowledge. ?/~6 . Date g/q~S-- . Date. G:\plan\fQrm. s\Development Review Application.DOC Q:JJ1.IfAn Rev. 4/05 CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Todd Gerhardt, being first duly sworn, on oath deposes that he is and was on August 25, 2005, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of Public Hearing for Harvieux Subdivision with Variances - Planning Case No. 05-26 to the persons named on attached Exhibit "A", by enclosing a copy of said 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 of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscri)l.ed and s1:f~ before me thl~ day of ; 11.8+- \, 2005. " KIM T. MEUWISSEN I Notary Public-Minnesota My Commission ExpIres Jan 31. 2010 .- ..... 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Lotus Lake Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigationai, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to dafend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. <<NAME1>> <<NAME2>> <<ADD1 >> <<ADD2>> <<CITY>> <<STATE>> <<ZIP>> Lotus Lake Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision In the depiction of geographic features. If errors or discrepancies are found please contac1952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, Indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents. or third parties which arise out of the user's access or use of data provided. <<Next Record>><<NAME1>> <<NAME2>> <<ADD1 >> <<ADD2>> <<CITY>> <<STATE>> <<ZIP>> Public Hearing Notification Area (500 feet) Harvieux Subdivision Planning Case No. 05-26 6605 Horseshoe Curve City of Chanhassen Subject Site Lotus Lake PATRICIA A PAULS TRUSTEE OF TRUST 11010 OREGON CRY BLOOMINGTON MN 55438 CHRISTOPHER D ARNOLDY & MICHELE F ARNOLDY 350 PLEASANT VIEW RD CHANHASSEN MN 55317 DONALD J & DARLENE M MILLER 395 PLEASANT VIEW RD CHANHASSEN MN 55317 CBR DEVELOPMENT LLC 4550 WESTON LN N PLYMOUTH MN 55446 ANN DANIELSON 6607 HORSESHOE CRY CHANHASSEN MN 55317 STEVEN M GULLICKSON & JENNIFER H GULLICKSON 6613 HORSESHOE CRY CHANHASSEN MN 55317 ROBERT L & EL V A HANSEN 6620 HORSESHOE CRY CHANHASSEN MN 55317 ANDREW H & KATRINA E CLEMENS 6691 HORSESHOE CRY CHANHASSEN MN 55317 JOHN R & CAROL W HAMMETT 6697 HORSESHOE CRY CHANHASSEN MN 55317 EMILY H JOHNSON 335 PLEASANT VIEW RD CHANHASSEN MN 55317 KALLEY T Y ANT A TRUSTEE OF TRUST 365 PLEASANT VIEW RD CHANHASSEN MN 55317 GARY W & MARY ANN MCCAULEY 420 PLEASANT VIEW RD CHANHASSEN MN 55317 KELBIN ROBERT BAILEY 6580 PLEASANT VIEW WAY CHANHASSEN MN 55317 RAYMOND P & ALICIA L BROZOVICH 6609 HORSESHOE CRY CHANHASSEN MN 55317 DAVIDW SANTANA & DEBRA C SCHULTZ 6614 HORSESHOE CRY CHANHASSEN MN 55317 LADD R & SUSAN M CONRAD 6625 HORSESHOE CRY CHANHASSEN MN 55317 CHARLES C & JANET C HURD 6695 HORSESHOE CRY CHANHASSEN MN 55317 BRACE D HELGESON 7820 TERREY PINE CT EDEN PRAIRIE MN 55347 NICHOLAS J P PERKINS 339 PLEASANT VIEW RD CHANHASSEN MN 55317 BASIL LAWRENCE TIVY 370 PLEASANT VIEW RD CHANHASSEN MN 55317 JAMES T & DIANE S LESTOR 429 PLEASANT VIEW RD CHANHASSEN MN 55317 RONALD E & LEANNE HARVIEUX TRUSTEES OF TRUST 6605 HORSESHOE CRY CHANHASSEN MN 55317 JOSEPH M & MARGERY M PFANKUCH 6611 HORSESHOE CRY CHANHASSEN MN 55317 STEPHEN J & JEANNIE L WANEK 6615HORSESHOE CRY CHANHASSEN MN 55317 RICHARD R & KATHLEEN E PECK 6690 HORSESHOE CRY . CHANHASSEN MN 55317 SANDRA LEE OLSON 6696 HORSESHOE CRY CHANHASSEN MN 55317 Rationale For Subdivision - Harvieux Addition The following provides our rationale for the Harvieux subdivision being proposed to the City of Chanhassen. iI' This parcel is currently known as "Lot 2, Block 1, Sathre Addition + part of vacated Baldur Avenue + part of vacated Horseshoe Curve". Note that the vacations mentioned here were completed and recorded in 1990 and 1992 respectively, At that time, City Staff suggested current ordinances eliminated the need to retain this public street frontage for potential future subdivision of this parcel, which is the proposal that is being discussed here. The subdivision involves dividing the existing 1.99 acre parcel into 3 separate residential building lots. City sewer and water connections to service 2 of these lots were put in place in the late 1970's, and were assessed and paid for by the current ownerwhen this parcel was purchased in 1980. A cOlli1ection for the 3rd lot will be needed. A survey by Schoell & Madson in 2003 determined that there are no bluffs on this parcel. Great care has been and will be taken to preserve the natural beauty of the lots, including tree cover and views. New structures being proposed are congruent with current topography, which will minimize grading and disruption of the existing conditions on the land. The lots proposed are as follows: ii Lot #1: This is proposed to be a 15,152 buildable sq ft lot with 97.5 ft of frontage on Horseshoe Curve, a public right-of-way. There are no variances involved with the creation of this lot. Hardcover proposed for this lot is at 22.2%. Lot #2: This is a 18,442 buildable sq ft lot that includes an additional 5,533 sq ft of neck lot that holds the driveway necessary to service the house site. The neck lot requires a variance. While the City allows a 30 ft neck lot in appropriate situations, we are proposing a larger 40 ft neck so that 3 existing large oak trees can be saved and incorporated into the driveway area. We feel that maintaining these leaf covers and aesthetics are especially important since a neighbor's home (Don & Darlene Miller, 395 Pleasant View Road) is set back approximately 20 ft from the border of the neck lot. The neck lot/driveway is proposed to be where it is because it provides the most rational access to the building lot in conjunction with the lay of the land and the needs of the other 2 lots in the parcel. Hardcover proposed for this lot is 23.7% on the "buildable" area, and 24.5% on the total area. Lot #3: This is a 47,364 sq ft lot which holds our current house, outbuilding and driveway. The driveway access to this lot requires a variance. Note that this is the parcel that was fronted by approximately 155 ft of Horseshoe Curve before that portion of the public roadway was vacated in 1992. In our proposal, we have 40 ft of frontage on Horseshoe Curve for this lot, which is essentially the paved driveway that provides access to both this and a neighbor's lot (Ann Danielson, 6607 Horseshoe Curve), and which has existed for over 40 years. SCANNED QQ..". tNrl ",,'( ,lfiVAlIf.W 1:....1 ,.(}I.ATIf)N~; 1m I /III//) I A/if" .. J9.nl ';if) 11. IW;(.LllU. CANOl'i r;ovm NUt. '"' J5,J 10 SO, fI NtlU--CANOPY r;lJvm ARCA '" 1,750 SO. n. C!\HnI'r IIRfA ro or RHJOVCO :; J,6OO so. n (;}.NPP'r AREA 10 RfJJftJN ,.., J1,lJP. SO. F'1. (~U.'f or SUe) LOT ~l ARtA '" 4G,570 so. FT. IIll:>nmF (",AN(J/'Y 01Vf.tI AlilA ..., JO,71!.i SO, FT. N"'~-C/lNO/'Y {;(IVU~ N\fA '''',,10;1 '::'fJ. fl. CANOPY AREIt 10 SF. R/:'MriVFD... (l SQ. fro f;N-JOPY NUA It) Nf-MAIN '"" JO,7.15 SQ. n. (1007:. or sm.) ""or 1,,,,,\' I'll PROPERtr UfSCRfPTIlJN I.QI 2, alo-.:k ",. SMHRl. ADVli"lON ,11m Thot porI o( Hl.lf"SeMoe Curve, originally dedicated in fhe Il'Jcord plo! of SATHR( ADD/TJON and now to be vocoled whkh lies eostefly 01 (] lilte described os (oHows: Commenclnq ot the norlhwest corner of lot 2. Block " in $md SATHfi'F. "oomON; thence ~oufhe'1y. (J dilllonce of 84.82 'ed, olong 1"'!1 westerty fintl 0' sold lot 2. 10 Ihe point of beginning ,,( Ih~ li~ to be de,cribed; thence :loulh~rly. l(l'tf~1 to the curve on said we:detly linf/!, 0 distante o( 53.28 feet; ~herKe soulherly, on g lonqenlial cn"'" cr.lTIcove to tile wesl having 0 radIus of 150.0. lee!, 10 ,he wesl line 01 said Horseshoe Curve. llENQIf:S rR(t 11) IJ[ fif!fO!"'[O mccs ro Hf RU.lOVlD 'f-lo1" (lM Il- 12" ElM '.1__ 1J" FI/oJ 14_'''" OAf: " " IlREAS Sit" - 85,491 Squore Feet/I,99 lIues ,,,, , - 1!J,I!S7 !'ifJlInr., "flA' 101 2 - 23,915 Squor~ FlIlel (9ross area) I.ot 2 - 18,442 Squorll! Feel (Ml area) r-----' I I t I t (' \ \ ( ) \ '" \ "'''' ",'" DENOTES POSS(Ol( UUILDINGCONfJGURArION I I LeT , I I I I , / I I ..- ..- I .../ PROPOSED HAROCOVeR Hardcover lot 1 NoU'./GoF Orive Tolot NorocoVfJr Lol keo " or Nardcov"r "Pqd~ NN d 2560 Sq.Fl. 808 54. rl. JJ68 Sq.rl. 151.52 $q.Ft. .. 22.2% 3660 Sq.f1. Hardcover Lot 2 (Net Areo) Houn/Gar 2810 Sq,FI. Drive 1566 Soft ~rdcovoer 4J76 $q.rt. Noet Area '844:t Sq.FI. X 01 Nordc<Jver .. 2J.7:C -Pad- Area.. .J960 Sq. Ft. Hordcover Lot :z (Gross Area) ~uu/Gar 2810 Sq.rt. Dn've J0615 So. Fl. Told Hardco",,,r 5876 Sq,"'. N~( ....~.a 2J9 75 Sq.~ I. :I of Nardcover .. 24.~-'I" N ~ DRAINAGE IWD unUTY [ASEMENrS EROSION CONTROL .---1 -4-. Q 5- 1----5 0 1 -.J L _+_ E:.w:islir19 Hqrdcover lot J Nou3fl/Gar 2800 Sq.n. Drive 4621 SQ.Ft. Toto' HordcovlJr 7.2 I Sq.Ft. Lot Area f1J64 Sq.Ft. % or Hardcover _ '~.7:; ...~~ ['ROS.l:lHCOf{TM. OrolflO<]ft orll' Ufillly eosemM!.t Ol'"~ shawn thu,,: a""9.!1 1M III wklUt tJdpbllnq101 liltn, UII/,," ,,1I1enol1. A1dlc:Gftd. ""6 10 'HI h IrIdth od}mln9 ,Ighl-or-~ l1nu. " mOllfl "'" '"'' pr"l. NOTE".' ALL OlSTlNG CASEUOHS ME TO BE: VACAlID ANO Rf:O!OICATW If{ '!HE: FINAL PlIIT or HIIRVlfUJ( AOOfT1OH DEMAriS-GABRIEL LAND SURVEYORS. INC. JOJO Harbor Lone No, Plymouth, MN 55441 ;::tf::f::i) gg::8!~: I ""refly t:Mily IIIGI thl" ~, plan o~ ~eporl ..II. ~epored by tnf1 ~ ,od" m, d"<I~'1 _ 'd,' ..,.,""',"'" SW"'cl""I'und", I". '0'''' ~tl. .__ -OOVid C. Crook fifjj No. 72.'. I.OfUS.DWO PREPARfD FOR: o/c- G9<: PUELlMINARY PLAT HARVIEUX ADDI1'ION RON HARVIEUX 6605 HorsesllOe Curve Chanhassen, Minnesota Dole: ___~_4 !.linn ""9. NfJ. _~~~,_ I"_.OW). CITY OF CHANHASSEN . . REC.EIVED .>: :... . .' . ~.~..,. . AUG 5 2005 :-u .'i",\' ':. ..... CHANHASSEN PlANNING DEPT >','~{:;:.:-.~ .; 'I'.:~,. .~{..;:.._:. CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.cLchanhassen.mn.us MEMORANDUM TO: Robert Generous, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: August 10, 2005 SUBJ: Request for subdivision of Lot 2, Block 1 Sathre Addition, 6605 Horseshoe Curve into two lots with variances, Applicant Ronald Harvieux. Planning Case: 05-26 I have reviewed the request for the above subdivision. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or city ordinance/policyrequirements. The plan review is based on the available information submitted at thi~ time. Ifadditional pl~ns or changes a.re submitted, the appropriate code or policy items Will be addressed. 1. No burning pennits will be issued. Trees must either be chipped or removed from site. 2. BuilderlDevelopermustcomply with Cha.nhassen Fire Department Policy #29- 1991 regarding premise identification, Copy enClosed. g:\safety\ml\p Irev05- 26 The City 01 Chanhassen · A growing community with clean lakes, quality schools, a charming downlown, thriving businesses, winding trails, alllJ beautitul parks. A oreal place to live, work, anft , CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952) 227 - 1150 FAX: (952) 227-1190 CHANHASSRN FTRR DRPARTMRNT POI,ICV - PRRMISRS IDRNTIFTCATION General Numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. Size and location of numbers shall be approved by one of the following - Fire_Marshal, Fire Inspector, Building Official, Building Inspector. Requirements are for new construction and existing buildings where no address numbers are posted. Other Requirements - General 1. Numbers shall be a contrasting color from the background. 2. Numbers shall not be in script. 3. If a structure is not visible from the street, additional numbers are required at the driveway entrance. Size and location must be approved. 4. Numbers on mail box at driveway entrance may be a minimum of 4". However, requirement #3 must still be met. 5. Administrative authority may require additional numbers if deemed necessary. Residential Requirements (2 or less dwe11ine unit) 1. Minimum height shall be 5 inches. 2. Building permits will not be finaled unless numbers are posted and approved by the Building Department. Premises Identification 29-1991 Page 1 0 f 2 .' C;ommerdal Requirements Revisions 1. Minimum height shall be 12". 2. Multi-Tenant Buildings a. Building address range, minimum height of 12 inches. b. Address numbers required on all tenant doors. Minimum height of 6 inches. 3. If address numbers are located on a directory entry sign, additional numbers will be required on the buildings main entrance. 4. Sign age on overhead! delivery doors will also be required. 6/10/02 3/22/05 Premises Identification 29-1991 Page 2 of 2