PC Staff Report 10-19-21Planning Commission Item
October 19, 2021
Item
Consider a Request for an Interim Use Permit (IUP) for Grading in Excess of
1,000 Cubic Yards for the Creation of a Berm on Property Located at 9631
Foxford Road
File No.Planning Case No. 2021-24 Item No: B.1
Agenda Section PUBLIC HEARINGS
Prepared By Erik Henricksen, Project Engineer
Applicant
David Gatto
9631 Foxford Road
Chanhassen, MN 55317
Present Zoning Rural Residential District (RR)
Land Use Residential Large Lot
Acerage 2.48 acres
Density NA
Applicable
Regulations
Chapter 7, Article III, Excavating, Mining, Filling and Grading
Chapter 20, Article IV, Division 5, Interim Use Permits
PROPOSED MOTION
The Planning Commission recommends that City Council approve the Interim Use Permit (IUP) to
allow site grading subject to the Conditions of Approval and adopts the Findings of Fact and
Recommendation for grading in excess of 1,000 cubic yards for the creation of a berm on property
located at 9631 Foxford Road.
SUMMARY
The applicant is requesting an IUP to permit the construction of an eight-foot high berm on the
southwest corner of their property. The applicant is removing approximately 70 diseased trees, building
3
a berm and re-landscaping with a mix of trees, shrubs and perennials.
BACKGROUND
Lake Riley Woods was platted on June 15, 1987 (Subdivision #86-25). The house was built in 1991.
DISCUSSION
See attached staff report.
RECOMMENDATION
Staff recommends that the Planning Commission approve the Interim Use Permit to permit an eight-foot
high berm on the southwest corner of their property as shown on plans prepared by James R. Hill, Inc.,
dated March 9, 2021, subject to the conditions of the attached staff report, and adopt the attached
Findings of Fact and Recommendation.
ATTACHMENTS
Staff Report
Findings of Fact and Recommendation
Development Review Application
Grading Permit Application
Plan Sheets
Carver County Comments
Public Hearing Notice and Affidavit of Mailing
4
CITY OF CHANHASSEN
PC DATE: October 19, 2021
CC DATE: November 8, 2021
REVIEW DEADLINE: November 16, 2021
CASE #: 2021-24
BY: RG, EH, JS, MU
SUMMARY OF REQUEST: The developer is requesting an Interim Use Permit (IUP) for
grading in excess of 1,000 cubic yards for the construction of a berm on the property.
LOCATION: Lot 14, Block 3, Lake Riley Woods Addition, (PID 254080340)
APPLICANT: David & Sharon Gatto
9631 Foxford Road
Chanhassen, MN 55317
PRESENT ZONING: Rural Residential District (RR)
2020 LAND USE PLAN: Residential Large Lot
ACREAGE: 2.48 acres
DENSITY: NA
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends that City Council approve the Interim Use
Permit to allow site grading, subject to the Conditions of Approval, and adopt the Findings of Fact
and Recommendation.”
5
Planning Commission
9361 Foxford Road IUP– Planning Case 2021-24
October 19, 2021
Page 2 of 7
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying IUPs, based on whether or not the
proposal meets the standards outlined in the Zoning Ordinance and excavating, mining, filling
and grading regulations. If the City finds that all the applicable standards are met, the Permit
must be approved. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting an IUP to permit the construction of an eight-foot high berm on the
southwest corner of their property. The applicant is removing approximately 70 diseased trees,
building a berm and re-landscaping with a mix of trees, shrubs and perennials.
APPLICABLE REGULATIONS
Chapter 7, Article III, Excavating, Mining, Filling and Grading
Chapter 20, Article IV, Division 5, Interim Use Permits
BACKGROUND
Lake Riley Woods was platted on June 15, 1987 (Subdivision #86-25). The house was built in
1991.
ANALYSIS
SITE CONSTRAINTS
Bluff Creek Corridor
This property is not located within the Bluff Creek Overlay District.
Wetland Protection
There is not a wetland located on the property.
Bluff Protection
There are no bluffs on the property.
Shoreland Management
The property is not located within a shoreland protection district.
Floodplain Overlay
6
Planning Commission
9361 Foxford Road IUP– Planning Case 2021-24
October 19, 2021
Page 3 of 7
This property is not within a federally designated floodplain.
ACCESS
Access to the property is via Foxford Road. While the property is also located on Pioneer Trail,
County Road 14, there is no access to the county road.
GRADING, DRAINAGE AND EROSION CONTROL
The Engineering Department has reviewed the IUP submittal for grading in excess of 1,000
cubic yards associated with this application. These comments are divided into two categories:
general comments and proposed conditions. General comments are informational points to guide
the applicant in the proper planning of public works infrastructure for this project, to inform the
applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed
conditions are requirements that Engineering recommends be formally imposed on the applicant
in the final order. Note that references to the “City Standards” herein refer to the City of
Chanhassen Standard Specifications and Detail Plates.
General Comments/Findings
1. Any and all grading, erosion control, utility and transportation plans submitted with this
application have been reviewed only for the purpose of determining the feasibility of the
project in accordance with City Standards. A recommendation of IUP approval does not
constitute final approval of details, including but not limited to alignments, materials and
points of access, connection or discharge, that are depicted or suggested in the
7
Planning Commission
9361 Foxford Road IUP– Planning Case 2021-24
October 19, 2021
Page 4 of 7
application. The City of Chanhassen Engineering and Public Works Departments 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
Chanhassen Code of Ordinances and the professional engineering judgment of the City
Engineer.
2. It is the opinion of the Engineering Department that the proposed IUP application can be
developed in accordance with the requirements of the Chanhassen Code of Ordinances
(as it pertains to Engineering and Public Works requirements) and City Standards,
provided it fully addresses the comments and conditions contained herein, and can be
approved.
3. The applicant is proposing to import approximately 5,000 cubic yards of material in order
to raise the elevations on the southwest portion of their property. The material will
consist of up to four feet of granular or sand fill with up to four feet of top soil which will
create a berm that will be stabilized with landscaping and other typical vegetation as
indicated on the Landscape Plan, designed by The Mustard Seed, Inc., dated July 23,
2021. The applicant has also provided a Grading and Erosion Control Plan designed by
James R. Hill, Inc., dated March 9, 2021, along with a narrative describing the erosion
control practices and sequencing of construction operations. The Grading and Erosion
Control Plan has been reviewed and found to be in general conformance with Sec. 7-35
and Sec. 19-145 of City Ordinances. However, there was not an existing conditions
survey provided with the associated Grading & Erosion Control Plans. In order to review
the impacts to existing drainage, particularly where the berm is raising the elevation close
to the existing ditch abutting Carver County right-of-way, an existing conditions survey
must be provided. Furthermore, staff recommends that certain plan notes be added
regarding City Ordinance requirements and the applicant’s and contractor’s responsibility
in meeting such requirements for clarity. One example is that there are plan call-outs
regarding 1:1 slopes and the placement of landscape boulders associated with the steep
slopes. If retaining walls are greater than four feet in height, they are required to be
designed by a registered professional engineer and acquire the appropriate City permits.
4. There appears to be a small, incidental ditch wetland at the northeast corner of Pioneer
Trail and Foxford Road. Based on the submitted plans, it does not appear that the project
will impact this wetland, however, if wetland impacts are proposed during grading
activities the applicant shall first seek a Wetland Conservation Act permit. Double row
silt fence will be required on the north side of this wetland to protect the wetland from the
incoming fill.
5. The erosion control plans provide an estimate of 2.49 acres for the entire parcel and 0.61
acres of disturbance associated with the proposed grading activities. To guarantee
compliance with the plan, and related remedial work, a cash escrow or letter of credit
shall be furnished to the City before any site grading commences. In accordance with
Sec. 19-145.(d), the security is calculated based on the allowable, per parcel, amount of
$7,500.00 per acre. This would equate to a total of $18,675.00 of security for the 2.49
acre site. However, after review of the required erosion control BMPs and area of
disturbance (0.61 acres) compared to the total acreage of the site (2.49 acres), staff feels it
reasonable to require a security for 125% of the area of disturbance rather than the entire
parcel.
8
Planning Commission
9361 Foxford Road IUP– Planning Case 2021-24
October 19, 2021
Page 5 of 7
6. The applicant’s narrative and plans indicate that all work associated with grading
activities and restoration will be completed in the summer of 2022. Thus, staff feels it
adequate for the IUP to be approved for a period of one (1) year from the date of
approval.
LANDSCAPING
The applicant proposes to replace the existing diseased conifers with a variety of tree species.
MISCELLANEOUS
Any proposed grading shall not negatively impact or allow water to drain towards the existing
septic system or a secondary septic site on the property. Existing septic site and secondary septic
site are to be marked and protected to ensure soil treatment areas do not get compacted from
construction activity.
The IUP shall be approved for a period of one year from the date of City Council approval. If the
project is not completed by then, the applicant must apply for an extension of the IUP.
Sec. 20-323. - Termination.
An interim use permit shall terminate on the happening of any of the following events,
whichever first occurs:
(1) The date stated in the permit;
9
Planning Commission
9361 Foxford Road IUP– Planning Case 2021-24
October 19, 2021
Page 6 of 7
(2) Upon violation of conditions under which the permit was issued;
(3) Upon change in the city's zoning regulations which renders the use nonconforming;
(4) Upon the subdivision of the property or the alteration of the lot lines of the property.
PERMITS
Permits from appropriate regulatory agencies must be obtained; including but not limited to the
Minnesota Pollution Control Agency, Riley Purgatory Bluff Creek Watershed District and
Carver County.
UTILITIES
City utilities are not available at present to the property.
RECOMMENDATION
Staff recommends that the Planning Commission approve the Interim Use Permit to permit an
eight-foot high berm on the southwest corner of their property as shown on the plans prepared by
James R. Hill, Inc., dated March 9, 2021, subject to the following conditions, and adopt the
attached Findings of Fact and Recommendation:
Building
1. Any proposed grading shall not negatively impact or allow water to drain towards existing
the septic system or a secondary septic site on the property.
2. Existing septic site and secondary septic site are to be marked and protected to ensure soil
treatment areas do not get compacted from construction activity.
Engineering
1. The applicant shall provide an existing conditions survey, or update the Grading &
Erosion Control Plans, dated March 9, 2021, prepared by James R. Hill, Inc., to include
surveyed existing topography, for review and approval prior to issuance of the Interim
Use Permit.
2. The applicant shall update the Grading & Erosion Control Plans to include the following
notes:
a. Prior to commencement of any grading activities contact the City’s Water
Resources Department, Ryan Pinkalla at 952-227-1173, to schedule an initial
erosion control inspection.
b. All temporary erosion control BMPs must be removed after final stabilization has
occurred and prior to release of any securities. This includes, but is not limited to,
the temporary construction entrance and all its appurtenances.
c. Any construction of retaining walls over four feet in height require a City permit
and shall be designed by a registered professional engineer.
10
Planning Commission
9361 Foxford Road IUP– Planning Case 2021-24
October 19, 2021
Page 7 of 7
d. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through
Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday
or public holidays.
e. Vehicular traffic on Foxford Road must be free flowing and unobstructed at all
times during construction activities.
f. Staging or impacts to Carver County right-of-way requires County approval.
3. All erosion control reviewed and approved in conjunction with Condition No. 1 shall be
installed prior to the initiation of any site grading. Inspection and approval by the City of
the installed erosion control measures must be had prior to commencement of grading
operations. Erosion control measures require double row of silt fence up-gradient from
the wetland.
4. The applicant shall supply a cash escrow or letter of credit in the amount of $5,718.75
prior to grading operations.
5. The Interim Use Permit shall be approved for a period of one (1) year from the date of
City Council approval. The applicant will need to request a formal extension 60 days
prior to the expiration date of the Interim Use Permit.
6. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
as necessary, i.e. Riley Purgatory Bluff Creek Watershed District, Carver County,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources,
Army Corps of Engineers, etc. and comply with their conditions of approval.
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Development Review Application
3. Grading Permit Application
4. Grading Plan
5. Carver County Public Works Comments 10-5-2021
6. Public Hearing Notice and Mailing List
g:\plan\2021 planning cases\21-24 9631 foxford road iup for grading\staff report 9631 foxford rd.doc
11
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of David and Sharon Gatto for an Interim Use Permit (IUP) to construct a berm on
their property.
On October 19, 2021, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of David and Sharon Gatto for an IUP for the property
located at 9631 Foxford Road. The Planning Commission conducted a public hearing on the
proposed IUP 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 Rural Residential District (RR).
2.The property is guided by the Land Use Plan for Residential Large Lot use.
3.The legal description of the property is: Lot 14, Block 3, Lake Riley Woods, Carver
County, Minnesota.
4.Section 20-232:
a. The proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed use will be consistent with the objectives of the City's Comprehensive
Plan and the zoning ordinance.
c. The proposed use will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area.
d. The proposed use will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
f. The proposed use will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
12
2
g. The proposed use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes,
glare, odors, rodents, or trash.
h. The proposed use will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
i. The proposed use will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
j. The proposed use will be aesthetically compatible with the area.
k. The proposed use will not depreciate surrounding property values.
l. The proposed use will meet standards prescribed for certain uses as provided in
Chapter 20, Article IV of the City Code.
5.The Planning Commission shall recommend an IUP and the City Council shall issue an
IUP only if it finds, based on the proposed location, that:
a. The use meets the standards of an Interim Use Permit set forth in Section 20-
232 of the City Code.
b. The use conforms to the zoning regulations.
c. The use is allowed as an interim use in the zoning district.
d. The date or event that will terminate the use can be identified with certainty.
e. The use will not impose additional costs on the public if it is necessary for the
public to take the property in the future.
f. The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
6.The Planning Report No. 2021-24 dated October 19, 2021, prepared by Robert Generous,
et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Interim Use
Permit subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 19
th day of October, 2021.
CHANHASSEN PLANNING COMMISSION
BY:___________________________________
Steven Weick, Chairman
13
COHMUN]TY OEVELOPI'ENT DEPARTi'ENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1 100 / Fax: (952) 227-11'lO
SubmittalOate I APPLICATION FOR DEVELOPMENT REVIEW
6SDay Review Oate
Section 1: Application Type (check all that apply)
fl ComprehensivePlanAmendment.........................$600 E Subdivision(SUB)
D Minor MUSA line for failing on-site sewers..... $100 E Greate 3 lots or less
D Conditional Use Permit (CUP)
trn Single-Family Residence ..
All Others................
E lnterim Use Permit (lUP)
ln conjunction with Single-Family Residence.. $325
All Others............ ................ $425
E Rezoning (REz)!tr
Planned Unit Development (PUD) .
Minor Amendment to existing PUD
... $7s0
... $100
... $500n ntt otrers.................
E Sign Plan Review.
E Site Plan Review (
E Administrative
... $325
... $42s
trtr Final Plat.
(lncludes $450 escrow br attomey costs)"
'Additional esdow may be required for other applications
throllgh the det slopment contrad.
E Vacataon of EasementvRight-of-way (VAC)........ $300
(Additbnal Gcording tu€6 may apply)
E Variance (vAR).................................................... $200
$150 n wethnd Atteration permit (wAp)
E Create over 3 1o8.....................(_ tots)E Uetes a Bounds (2 lots)...........
E Zoning Ordinance Amendment (ZOA)
$45
..................... $300
$600 + $15 per lot
$300
$150
$150
$700&tr
SPR)
........'..................... $100
! Single-Family Residence......
E Ari ffi;.-.:...--.--..--..........................
$1s0
$275
............ $100E Commerchl/lndustrialDistricts'......................$500 r..1,
Plus g10 per 1,ooo square reet oi ilil;iil ;.;, -- Ll zoning Appeal
( thousand square Eet)
lndude number ot gxigDq employe€8:
'lnclude number of 4g!I employess:E Residential Districls......................................... $500
Plus $5 per dwelling unit ( units)
llglE: Whrn multipl. .pplioltiolt3 ar. PIoo!5s.d omourEndy,
th. $propdab l. Ehdl ba ohxlEd ior..oh .pplio.tion.
s500
................ $200
$3 per address
# XoUnaai- Sign (city to instal and rqrov6) ........ .....
E Property Owners' List within 500' (clty to gEnerac der pr€-applbatbn meeting) .
Ei Escrow fior Recording Documenrs (check ar that ?pply)........................ --t-.:tj:*]]....... sro per document
E Conditional Use Permit E[ lnterim Use Permit E Site Plan Agreement
E Vacation E Variance E \fietland Alteration Permit
E Metes&Boundssubdivision(3docs.) E Easements( qrsements)
Brfflia, 6ZO-z
Section 2: Required lnformation
Description of Proposal 7c€ P8q:ry-
/ififuCffiroN
Property Address or Location
Parcel#: /
t/'
l/'
Present Zoni
Present Land
Existing Use of Property:
Legal Description:
wedands Present? E Yes No
Requested
Select One Requested Land Use Desig
+tDtA{
Select One Selecl One
One
Echeck box if separate nanative is attached
Itz l)l eco*",ldIrq\]t ".o*".|t l( l+i tr /rc I rr
(Reter to tl?p apptqnab Applk at*n Cl?s,c*tisl tor IequiB,d suhnifial inlomatin that musl @o$any tlis applbatin)
,/'
Totel Acreage:
14
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the app€al period. lf this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additionalfees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the inbrmation and exhibits submitted are true and correcl.
Name:
Address
Contact:
Phone:
city/state/zip:
Email:
Cell:
Fax:
Signature Date:
PROPERW OWNER: ln signing this application, l, as property owner, have tull legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself inbrmed of
the deadlines for submission of material and the progress of this application. I further undertand that additional Ees may
be charged fior consultjng fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and conect.
Name u\ 44r'D conact:51't+b^)
Address:pnone: bl7- 1%?ob
NCity/State/Zip
Email: DPfr l
Signature:Date:*02o4
Cell:
Fax:
Cell:
Fax:
N
Contact:
Phone:
a cota
This application must be completed in full and must be accompanied by all inbrmation and plans required by
applicable City Ordinance provisions. Bebre filing thas application, reEr to the appropriate Application Checklist
and confer wih the Planning Department to determine the specific ordinance and applicable procedural
requirements and Ees.
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.
Section 4: Notification lnformation
Who should receive copies ot stafi rsports?'Othor Contact lnform.tion:
trtrtr
! trlaiea Paper Copy NameE Email
E Email
n Email
n Email
Address:trtrtr
Mailed Paper Copy
Mailed Paper Copy
Maibd Paper Copy
City/State/Zip
Email:
II{STRUCTIONS TO APPLICANT: Complete all necess:lry form fields, then select SAVE FoRM b save a copy to your
device. PRINT FORM and deliver to city along with required documents and payrnent. SUBMIT FORM b send a digital
copy to the city for prccessing.
SAVE FORM PNINT FORM SUBiIIT FORU
PROJECT ENGINEER (if applicable)
No-o.
Add.*.
citv/state/zio:
E-oil.
Property Owner Via:Applicant Ma:Engineer Via:Othef Via:
15
101 CITY OF CHANHASSEN
EARTHWORK PERMIT
GENERAL REQUIREMENTS
1. Complete an application for earthwork permit for any grading activity, hauling or
depositing of material, or ground/soil disturbance in excess of 50 cubic yards
approximately 5 truck loads)and less than 1,000 cubic yards, or any amount of material
that may change the natural or present neighborhood drainage patterns within the City of
Chanhassen. Applications should be submitted to the City of Chanhassen along with an
application fee of$50.00 at least two (2)weeks prior to commencement of
grading/earthwork.
2. Any grading activity in excess of 1,000 cubic yards requires an Interim Use Permit and
City Council approval (a minimum of 60 days for processing). Interim Use Permits are
can be applied for through the City's Planning Department.
3. A cash escrow or letter of credit will be collected at the time of permit issuance and will
be fully refunded upon grading completion and acceptable restoration/revegetation of all
disturbed areas. The escrow is required as security to insure restoration and proper
erosion control measures are maintained. The escrow amount is based on an estimated
cost to have others repair erosion control measures and site restoration.
4. The City of Chanhassen reserves the right to approve or deny any request.
16
Permit No.
IOWCITY OF CHANHASSEN
APPLICATION FOR EARTHWORK PERMIT
Name and Address of Property Owner:Name and Address of Excavator:
David and Sharon Gatto TBD
9631 Foxford Road
Chanhassen, MN 55317
Sharon Gatto
Contact:Contact: David Gatto @ Ames Construction
Phone: 612-386-3030Fax: Phone: 612-386-0510Fax:
Alternate Phone: David: 612-3 8 6-0 510 Alternate Phone:
Legal Description of subject property: See submitted drawing for this information .
Lot Block Subdivision
Property Identification Number:
Site Address:
Description of work to be done: See Section 7 Chanhassen submittal for more info .
Generally, remove 70 diseased trees, build mounds on SW side of lot
re-landscape with select trees, shrubs and perennials .
Indicate the use or occupancy for which the proposed work is intended:
Occupancy and property use does not change .
Estimated quantity of excavation(cubic yards):
No excavation
Attach a plan showing the following:
1. Present elevations.
2. Proposed elevations.
3. Elevations of neighboring property within 15 feet of excavation. N/A NO EXCAVATION
4. Location of any buildings or structures on the property where the work is to be performed and the
location of any buildings or structures on land of adjacent owners that are within 15 feet of the property
or which may be affected by the proposed grading operations. N/A NO BUILDING WI IN 15 '
I have read and understand the City of C ,1 .
e 's General Requirements for obtaining a grading/earthwork permit.
df
Signature of Applicant: 4,/% Date:
SEP 2, 2021
Office Use Only
Date Received: °1•$•Z? 50 Application Fee Received: AiYes No
Approved Denied Receipt No Q0gS32 al/Date: q 1"Zl
Security Amount: $
Processed by: Receipt No. Date:
17
Chanhassen—Earthwork Permit: Section 7-35 Responses.
a) Material added shall be approximately 5000 CY.
b) 1. Owner of the property and General Contractor shall be David J. Gatto. Proof of Ownership
will be provided if necessary.
2. Legal description—see submitted drawing
3. N/A—Neighborhood has been established for over 30 years. The project is not affecting any
of the neighboring landowners. Approval from the Lake Riley Woods Homeowners Association
is pending and required prior to beginning the work.
4. a) Grading Plan—See drawing
b)Stockpile sites—N/A
c) Physical relationship to community—property is available for viewing as necessary
d) Site typo—See drawing for existing/proposed items.
e) Material added shall be 2-4' of granular or sand fill overlaid with 2-4' of top soil to develop
slightly sloping berm areas that will be finished with select landscaping and
grass& perennial plants. Any change in the elevation near or exceeding a 1:1 slope and
determined to be problematic for mowing will be finished with large boulder edges to
develop the elevations desired.
f) The water table in the area is known to be at 150' and appears again at approximately 300-
350' at the depth of nearly of all of the water wells in the area.
g) The water well on the property is shown on the drawing.
5.The purpose of this"operation" is to generally re-landscape a portion of an existing large
property that has suffered extensive Spruce Rhizosphaera needle cast. Seventy(70) Spruce and
other trees on this property must be destroyed. This operation covers the SW portion of the
property that is extensively exposed to the community. This operation will replace the trees
with other types of trees and select landscaping that will benefit the Owner with future privacy,
but also benefit the community with new and non-disease landscaping in a visual part of the
Chanhassen community.
6. The operation will start this fall with the removal of the trees, followed by the placement of
the fill and soil for the berms.
Prior to any disturbance, erosion and sediment control measures will be installed.
A specific construction entrance will be provided as shown on the submitted drawing
complete with bypass piping for the drain water in the ditches adjacent to the roads and
silt fence as shown.
Silt fence will be installed as shown on the drawing and in accordance with the City of
Chanhassen Engineering drawing included within the submitted drawing.
After the soil is in place, compacted and graded it will be covered with a layer of
Flexterra Flexible Growth Medium" or equal to guard against surface erosion.
18
That soil will be allowed to remain throughout the winter of 2021-22 to settle and compact.
During the spring of 2022 and prior to any local road restrictions, the landscaping as shown will
be generally developed on the property so that it may be evaluated during the summer of 2022
for health and adequacy. If the Owner determines additional trees and landscaping is necessary
for their privacy, additional landscaping features will be added as necessary.
7. The hours of work will be generally during convenient daylight hours and will not affect any
of the surrounding community that currently has road projects and a commercial golf operation
across the highway. No operations on the Gatto property will exceed any of the parameters of
the other surrounding operations.
8. Tree survey is indicated on the drawing.
9. Final landscape plan is submitted. No interim screening plan is included.
10. No soil shall be processed on site, all soil will be delivered. Any water used will be from the
local well or with water trucks imported and used for the work.
11. Travel routes—N/A. Entrance is shown on Foxford Road for the work.
12. Dust control if necessary will be done locally, drainage and erosion control will be as
required for Best Management Practices (BMPs), or as stated in#6 above or per any NPDES
Permits or Small-lot construction site jurisdiction with respect to local, County, or State Code.
13. Restoration—see landscape plans.
14. David Gatto (property Owner and Contractor) 612-386-0510 shall be notified of any
complaints and is committed to resolving any valid problem or complaint with respect to this
improvement on the property.
15. Environmental Assessment— N/A
16. Wetland Alternation—N/A There are NO Wetlands identified on the property.
17. Other information
19
CITY OF CHANHASSEN
P O BOX 147
CHANHASSEN MN 55317
09/08/2021 9 : 58 AM
Receipt No . 00483227
CLERK: ashleym
PAYEE : Sharon & David Gatto
9631 Foxford Road
Chanhassen MN 55317-
9631 Foxford Road
Grading Permit 50 . 00
Total 50 . 00
Cash 0 . 00
Check 15702 50 . 00
Change 0 . 00
20
21
22
23
Carver County
Public Works
11360 Highway 212, Suite 1
Cologne, MN 55322
Office (952) 466-5200 | Fax (952) 466-5223 | www.co.carver.mn.us
CARVER COUNTY
October 5, 2021
City of Chanhassen
c/o Erik Henricksen, PE
Project Engineer
952-227-1165
ehenricksen@ci.chanhassen.mn.us
Re: Development / Access Review Comments: 9631 Foxford Rd. Interim Use Permit located at
PID# 254080340 adjacent to County State Aid Highway (CSAH) 14 (Pioneer Trail)
Thank you for the opportunity to review the subject development in the City of Chanhassen. Consistent
with the County Comprehensive Plan and County Codes, and other official controls of the County, the
following are comments and recommended conditions of approval and as potential requirements for any
necessary permits to be issued for the project.
1. Regarding grading adjacent to the County Highway –
a. The proposed grading plan is outside of the existing County right of way and does not
appear to impact the County right of way.
b. Confirm the proposed drainage will not create an adverse impact towards the County right
of way.
c. Proposed grading shall tie-in and match the existing County right of way.
2. Regarding potential permitting in or impacting the County right of way –
a. Prior to any work affecting or on County highways or in County right of way, the applicant
shall coordinate plans with the County Engineer and obtain a Utility or
Excavating/Filling/Grading Permit(s) from Carver County Public Works:
(www.co.carver.mn.us/departments/public-works/quick-links/permits). Final details of
locations, grades, and profiles affecting County roads as well as any utility connections will
need to be reviewed and approved prior to any permits.
b. Any damages, modifications, or changes incurred on County highways from current or
approved conditions will need to remedied or updated at development expense, including
costs incurred by the County.
These are the County’s comments at this time. If you have any questions or need further assistance, please
contact staff noted below:
Joan Guthmiller
Administrative Technician
Carver County Public Works
952.466.5201
jguthmiller@co.carver.mn.us
Angie Stenson AICP
Sr. Transportation Planner
Carver County Public Works
952.466.5273
astenson@co.carver.mn.us
Dan McCormick, P.E. PTOE
Traffic Services Supervisor
Carver County Public Works
952.466.5208
dmccormick@co.carver.mn.us
24
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COLTNTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
October 7,2021, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy ofthe attached notice of Public Hearing to
consider a request for an Interim Use Permit for grading in excess of 1,000 cubic yards for
the creation of a berm on property located at 9631 Foxford Road. Znned Rural Residential
(RR). Property Owner: David Gatto. Planning Case No.202l-24 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
fi.rlly prepaid thereon; that the names and addresses ofsuch owners were those appearing as such
by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate
records. 'l
Kim en, City lerk
JEAll M SIECKLITIG
?
*
t{olry Ptflel/lhnota
Subscribed and
thisTh daY of
t before me
Notary Pubtic
2021.
rt orirln Sdta !t tt' 2e'
25
Subiect
Parcel
Oi.cl.lmer
Thas map is neither a legally record€d map nor a survey and is nol intended to be used
as one. This map is a compilation of records, infomaton and daia located an various oty,
county, state and federal offces and othea sourceg regarding the area sho n, and i5 to
be used ior reference purposet only. The Cily does not warrant that the Geographic
lnformation System (GlS) Data used to prepare this map are eror free, and the Cry does
not epresent that the GIS Data can be used for navrgatonal, tracking or any other
purpose requinng exacting measurement ol distance or direction or Paeosion in the
depiction ot geographac features. The pteceding disdaimer is provicled puGuant to
Minnesota Statnes 5466.03. Subd. 21 (2000), and the user ol this map acknowledges
tlat the City shall not be liable for any dameges, and expessly waives all daams, and
agrees to defend, indemn y. and hold hamless lhe Crty from any aM all daims brought
by User, ita employees or agents, or third parties which anse out of lhe use/s access or
use of data provided
DiSclalmat
This map is neither a legally re@ftled map nor a survey and is nol intended to be used
as one. This map is a compilaton of recods. anloflhation and data located in various city,
coung. state and federal offces and other sources regardang the area sho{m, and is to
be used for refeence purpces only. The City does not wanant that the Geographic
lnlormation SFtem (GlS) Data used to prepare this map are eror free, and lhe City does
not represent that the GIS Data can be used fo' navigational, tracking or any other
purpGe rcquidno exactjng measuement ot distance or diredjon or precision in the
depiction of geographic fuatures. The precedang disdaifier is provided pursuant to
Minnesota Statutes S466 03, Subd. 21 (2000). and tne user of this map acknowledges
that the CiV shall not be liable for any damages, and expressly waives all claams. and
agrees lo defend, ind€mnify, and hold hamless the City from any and all daims broughl
by User, its employees or agents, or third panies which arise out of the usefs ac@ss or
use of data provicled.
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