04-19-2022 Agenda and Packet
A.7:00 P.M. - CALL TO ORDER
B.PUBLIC HEARINGS
B.1 204 W. 77th Street: Consider a Request for a Variance to Permit a Six-Foot Privacy Fence
B.2 6430 Pleasant View Lane: Consider a Request for a Side Yard Setback Variance to Permit
Construction of an Addition
B.3 855 Pleasant View Road: Consider a Request for Subdivision Review for Two Lots with
Variances for the Use of a Private Street and a Neck Lot
B.4 775 and 731 W. 96th Street (Erhart Farm): Consider a Request for Rezoning and Preliminary
Plat to Add Two Lots to the Approved Preliminary Plat for the Erhart Farm Development
with a Variance from the Tree Replacement Requirement
B.5 Consider a Code Amendment Regulating the Outdoor Storage of Watercraft on Residential
Properties
C.APPROVAL OF MINUTES
C.1 Approve Planning Commission Meeting Minutes dated March 1, 2022
C.2 Approve Planning Commission Work Session Summary Minutes dated April 5, 2022
D.ADMINISTRATIVE PRESENTATIONS
D.1 City Council Action Update
E.ADJOURNMENT
AGENDA
CHANHASSEN PLANNING COMMISSION
TUESDAY, APRIL 19, 2022
CITY COUNCIL CHAMBERS
NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official by-laws. We will
make every attempt to complete the hearing for each item on the agenda. If, however, this does not appear to be possible,
1
the Chairperson will notify those present and offer rescheduling options. Items thus pulled from consideration will be
listed first on the agenda at the next Commission meeting.
If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the public record
based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it is up to each individual
City Council member and Mayor if they want it to be made part of the public record or not. There is no State Statute that
forces the Mayor or City Council to share that information with the public or be made part of the public record. Under
State Statute, staff cannot remove comments or letters provided as part of the public input process.
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Planning Commission Item
April 19, 2022
Item 204 W. 77th Street: Consider a Request for a Variance to Permit a Six-Foot
Privacy Fence
File No.Planning Case No. 2022-05 Item No: B.1
Agenda Section PUBLIC HEARINGS
Prepared By MacKenzie Young-Walters, Associate Planner
Applicant
Benjamin Campion
204 W. 77th Street
Chanhassen, MN 55317
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage 0.19
Density NA
Applicable
Regulations
Section 20-615 “Lot Requirements and Setbacks”: Establishes a 30’ front yard
setback for the RSF district.
Section 20-123 “Height”: States that opaque fences within the front yard
setback may not exceed 3’ in height and that for corner or double fronted lots
the front yard is determined by the location of the garage.
SUGGESTED ACTION
"The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, approves
a variance to permit the applicant to construct a six-foot privacy fence within the front yard setback
along Erie Avenue, subject to the conditions of approval, and adopts the attached Findings of Fact
and Decision."
SUMMARY
3
The applicant is proposing to add a six-foot privacy fence off the side of their house to enclose their
side and rear yard. Due to the property’s atypical lot shape and the home’s nonconforming 5.9-foot
front yard setback, they are requesting a variance from the City’s 3-foot height limit for opaque fences
within the front yard setback.
BACKGROUND
According to Carver County Records, the house was built in 1900.
In August of 2003, the City approved the existing fence. While a small portion of this chain link fence
exceeded the height limit, it was determined to substantially comply with the City Code.
Note: Several other permits are on file for maintenance; however, since they do not impact the
property’s setbacks or lot cover, they have not been included.
DISCUSSION
The applicant is proposing to construct a six-foot opaque privacy fence to enclose their home’s side and
rear yard. Since their house has a nonconforming 5.9-foot front yard setback, a fence extending from
the side of the house would be within the required 30-foot front yard setback. Within the 30-foot front
yard setback, opaque fences are limited to a maximum height of three feet, so a variance would be
required to permit the proposed fence. The applicant has stated that the intent of the proposed fence is to
allow friends and family to enjoy the property in a more private setting.
The applicant has observed that the home’s placement on the corner lot does not allow for much privacy
and they have noted that due to the home’s nonconforming front yard setback they cannot construct a
privacy fence similar to what is present on other corner lots in the neighborhood without a variance.
They have indicated that they believe the house’s placement on the corner lot creates a unique
circumstance that justifies the requested variance. Finally, they have stated that they believe the
proposed privacy fence would grant them a use of their property similar to what is enjoyed by other
homeowners in the area.
Staff believes that the prohibition on tall opaque front yard fences helps to maintain the aesthetic
character of neighborhoods and ensures the safe movement of vehicles along the City’s roads by
preventing the obstruction of sightlines. In this case, the presence of a large right-of-way between the
property and street, the existing placement of the house, and the placement of neighboring homes all
mitigate the aesthetic impact of the requested variance. Additionally, the proposed fence is clear of all
sight distance triangles and there are no nearby driveway accesses that could be negatively impacted by
the proposed fence. These factors combined with the fact that the applicant’s proposed placement and
configuration of the fence is typical for a residential property leads staff to recommend approval of the
variance request.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, approve
a variance to permit the applicant to construct a six-foot privacy fence within the front yard setback
along Erie Avenue, subject to the conditions of approval, and adopt the attached Findings of Fact and
Decision.
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1. A zoning permit must be obtained before beginning any construction.
2. The location of the fence must be as shown on the survey submitted to the City on March 17,
2022 as part of variance application, Planning Case No. 2022-05.
ATTACHMENTS
Staff Report
Findings of Fact and Decision
Variance Document
Development Review Application
Narrative
Written Justification
Certificate of Survey
Affidavit of Mailing
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CITY OF CHANHASSEN
PC DATE: April 19, 2022
CC DATE: May 9, 2022 (if necessary)
REVIEW DEADLINE: May 17, 2022
CASE #: PC 2022-05
BY: MYW
SUMMARY OF REQUEST:
The applicant is proposing to add a six-foot privacy fence off the side of their house to enclose
their side and rear yard. Due to the property’s atypical lot shape and the home’s nonconforming
5.9-foot front yard setback, they are requesting a variance from the City’s 3-foot height limit for
opaque fences within the front yard setback.
LOCATION:204 West 77th Street
APPLICANT:Benjamin Campion
204 West 77th Street
Chanhassen,MN 55317
PRESENT ZONING: Single Family Residential District
(RSF)
2040 LAND USE PLAN: Residential Low Density
ACREAGE:.19 acres DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City’s discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the Zoning Ordinance for a variance. The City has a
relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is proposing to construct a six-foot opaque privacy fence to enclose their home’s
side and rear yard. Since their house has a nonconforming 5.9-foot front yard setback, a fence
extending from the side of the house would be within the required 30-foot front yard setback.
Within the 30-foot front yard setback,opaque fences are limited to a maximum height of three
feet, so a variance would be required to permit the proposed fence. The applicant has stated that
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments approves a variance to permit the applicant
to construct a six-foot privacy fence within the front yard setback along Erie Avenue,subject to
the conditions of approval, and adopts the attached Findings of Fact and Decision.”
6
204 West 77
th Street
April 19, 2022
Page 2
the intent of the proposed fence is to allow friends and family to enjoy the property in a more
private setting.
The applicant has observed that the home’s placement on the corner lot does not allow for much
privacy and they have noted that due to the home’s nonconforming front yard setback they
cannot construct a privacy fence similar to what is present on other corner lots in the
neighborhood without a variance. They have indicated that they believe the house’s placement
on the corner lot creates a unique circumstance that justifies the requested variance. Finally, they
have stated that they believe the proposed privacy fence would grant them a use of their property
similar to what is enjoyed by other homeowners in the area.
Staff believes that the prohibition on tall opaque front yard fences helps to maintain the aesthetic
character of neighborhoods and ensures the safe movement of vehicles along the City’s roads by
preventing the obstruction of sightlines. In this case, the presence of a large right-of-way
between the property and street, the existing placement of the house, and the placement of
neighboring homes all mitigate the aesthetic impact of the requested variance. Additionally, the
proposed fence is clear of all sight distance triangles and there are no nearby driveway accesses
that could be negatively impacted by the proposed fence. These factors combined with the fact
that the applicant’s proposed placement and configuration of the fence is typical for a residential
property leads staff to recommend approval of the variance request.
APPLICABLE REGULATIONS
Section 20-615 “Lot Requirements and Setbacks”: Establishes a 30’ front yard setback for the
RSF district.
Section 20-123 “Height”: States that opaque fences within the front yard setback may not exceed
3’ in height and that for corner or double fronted lots the front yard is determined by the location
of the garage.
BACKGROUND
According to Carver County Records the house was built in 1900.
In August of 2003, the City approved the existing fence. While a small portion of this chain link
fence exceeded the height limit, it was determined to substantially comply with the City Code.
Note: Several other permits are on file for maintenance; however, since they do not impact the
property’s setbacks or lot cover, they have not been included.
SITE CONSTRAINTS
Zoning Overview
7
204 West 77
th Street
April 19, 2022
Page 3
The property is a roughly triangular shaped corner lot zoned RSF. This zoning classification
requires a minimum lot size of 15,000 square feet, 30-foot front yard setbacks for yards with
street frontage, 10-foot side yard setbacks for yards without street frontage, and limits parcels to
a maximum of 25% lot cover. Opaque fences within the front yard setback of the front yard
which provides driveway access to the road are limited to a maximum height of 3-feet and chain
link fences within this area are limited to 4 feet in height.
The lot has a nonconforming 8,276-square foot lot area with approximately 1,340 square feet of
lot cover resulting in approximately 16.2 percent lot cover. The principle structure’s garage has a
nonconforming 1-foot front yard setback from Erie Avenue and the dwelling area portion of the
structure has a nonconforming 5.9-foot front yard setback from Erie Avenue. The principle
structure also has a nonconforming 25.2-foot front yard setback from West 77th Street. A portion
of the existing 5-foot high chain link fence is located within the front yard setback of Erie
Avenue.
Bluff Creek Corridor
This is not encumbered by the Bluff Creek Overlay District.
Bluff Protection
There are no bluffs on the property.
Floodplain Overlay
This property is not within a floodplain.
Shoreland Management
The property is not located within a Shoreland Protection District.
Wetland Protection
There is not a wetland located in the development site.
NEIGHBORHOOD
Unplatted
The property is located in a small neighborhood of unplatted
lots north of the City Lots of Chanhassen and bordered to the
north and west by the Frontier subdivisions and to the east by
the South Lotus Lake Subdivisions. The unplatted lots in this
area are a hodgepodge of shapes and sizes with many of the
properties having nonconforming elements. Within the
8
204 West 77
th Street
April 19, 2022
Page 4
neighborhood, the applicant’s parcel is the smallest and most constrained due to its being a
triangularly shaped corner lot.
Known Variances Within 500 Feet:
201 Chan View:1979-13: Approved - 5’ side and 25’ rear setback (detached garage)
202 W. 77th St.:1986-05: Approved - 2’ side setback (detached garage)
203½ Chan View:1980-05: Approved - 5’ side and 20’ rear setback (detached garage)
221 Chan View:1976-16: Approved - 4’ front setback (house)
222 Chan View:1983-13: Approved - 7’ side setback (garage)
226 Chan View:1999-06: Approved - 18’ front and 10’ front setback (addition and
detached garage)
7701 Frontier Trail:2020-11: Approved - 30’ front setback (porch)
ANALYSIS
Front Yard Fences
The applicant’s lot is a triangle shaped corner
lot with driveway access off of Erie Avenue.
The City Code limits the maximum height of
privacy fences within the 30-foot front setback
off of Erie Avenue to three feet. Due to the lot’s
substandard depth and the nonconforming
location of the home, large portions of the
property’s side and rear yards are subject to the
three-foot height limit. The applicant’s
proposed six-foot high privacy fence would
maintain the home’s 5.9-foot front yard setback
in order to enclose the side and rear yards.
The applicant has noted that the lot’s unique
configuration, i.e. triangular, and status as a corner lot mean that all of the property’s yard is
highly visible from the public right-of-way and neighboring properties. The applicant has
observed that the City Code allows for homes on corner lots to enclose their rear and side yards
with privacy fences, but that, due to their home’s nonconforming front yard setback, they cannot
construct a privacy fence without a variance. Finally, they have stated that similar privacy fences
can be found on other corner lots within the neighborhood and that they do not believe that their
proposed fence would negatively impact surrounding properties.
9
204 West 77
th Street
April 19, 2022
Page 5
When evaluating requests for deviations from the City’s fencing
standards, staff is primarily concerned with the proposed
fence’s potential to impact the character of the neighborhood
and potential to negatively impact traffic safety by obscuring
site lines. Of these two considerations, the latter is the most
straightforward to assess. In this case, neither Engineering nor
Planning staff have any concerns about the proposed fence’s
potential to impact traffic safety. The proposed location is
outside of both the intersection and driveway sight distance
triangles, and there are no nearby neighboring driveways on the
east side of Erie Avenue that could potentially be impacted by
the proposed fence.
Evaluation of the potential impact on the neighborhood is
inherently more subjective; however, staff looks at the potential for the variance to lead to the
proliferation of front yard fencing, the presence of similar fencing within the area, the location of
the proposed fence in relation to the property’s home and the homes on nearby properties, and
the overall visual impact of the proposed fence. Since there are a very small number of
substandard triangular corner lots in the City with homes that do not meet the required front yard
setback, staff does not believe that granting a variance in this case could be used as justification
for the widespread granting of variances for deviations from the City’s front yard fencing
standards.
The requested variance is also in line with the broad intent of the City’s fencing ordinance,
which is to allow for privacy fences to enclose side and rear yards while leaving the front yard,
i.e. the area between the right-of-way and front plane of the house, open. On most properties in
the city, the front yard is commensurate with the required front yard setback so a fence extending
from the side of the house will be outside of the required setback; however, in the case of the
applicant’s property, the home is located between one foot and 5.9 feet from the front lot line.
This means that in this case a fence maintaining the main home’s nonconforming 5.9-foot front
yard setback would leave the property’s front yard open, despite the fact that the fence would be
located within the required 30-foot front setback. While the presence of a privacy fence in the
previously open section of the yard will undoubtable be noticeable, the loss of open yard space is
partially offset by the 20 feet of right-of-way that is present between the edge of the curb on Erie
Avenue and the property’s front lot line.
10
204 West 77
th Street
April 19, 2022
Page 6
As the applicant has noted, a corner lot across the street has a
privacy fence which encloses the rear and side yard, and rear and
side yard privacy fences are not an atypical uses within the City’s
residential neighborhoods. Staff would also note that the
applicant’s eastern neighbors could install privacy fences closer to
Erie Avenue than the applicant is proposing without a variance,
due to the fact that they are double frontage lots with driveway
access off of West 77th Street. Given this, it is very difficult to
maintain that the requested fence variance would represent a
significant departure from what is permitted by the City Code in
this area or that it would negatively impact the surrounding area.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments,
approve a variance to permit the applicant to construct a six-foot privacy fence within the front
yard setback along Erie Avenue, subject to the conditions of approval, and adopt the attached
Findings of Fact and Decision.
1.A zoning permit must be obtained before beginning any construction.
2.The location of the fence must be as shown on the survey submitted to the City on
March 17, 2022 as part of variance application, Planning Case No. 2022-05.
ATTACHMENTS
1. Findings of Fact and Decision
2. Variance Document
3. Development Review Application
4. Variance Narrative
5. Written Justification
6. Proposed Plan and Survey
7. Affidavit of Mailing of Public Hearing Notice
g:\plan\2022 planning cases\22-05 204 w 77th fence var\staff report_204 w 77th fence_var.docx
11
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application for Benjamin Campion for a variance to construct a six-foot fence within the front
yard setback at 204 W. 77
th Street.
On April 19, 2022, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned as Single Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density
use.
3. The legal description of the property:
That part of the SW¼ of the SE¼ of Section 12-116-23, described as follows: Commencing at
a point where the East line of the said ¼ ¼ intersects the North line of St. Aloys Street; thence
West along said North line 184.0 feet to the actual point of beginning; thence continuing West
along said North line 122.9 feet to its intersection with the Southeasterly line of St. Joseph
Street; thence Northeasterly along said Southeasterly line of 160 feet; thence Southeasterly at
right angles 25.0 feet to the intersection with a line drawn parallel to and 184.0 feet West of the
East line of said ¼ ¼; thence South along a parallel line 105.45 feet to the point of beginning,
Carver County, Minnesota.
4. Variance Findings - Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the Comprehensive
Plan.
Finding:The City Code typically permits privacy fences to enclose the side and rear
yards of properties; however, the nonconforming setback of the applicant’s home means
that large portions of both the property’s side and rear yards fall within the required front
setback. As the ordinance regulates fence height based on the stipulated front setback
rather than the defined front yard, the City Code would not permit a privacy fence on this
property in the area where it would be customarily be located. The requested variance is a
12
2
deviation from the literal text of the zoning ordinance that is in line with the ordinance’s
intent to restrict privacy fences to the side and rear yards of properties.
Additionally, the ordinance restricts the placement of opaque fences within the front yard
in order to ensure that these fences do not interfere with vehicle sightlines. In this case,
the proposed fence is clear of the relevant sight distance triangles and would not
negatively impact traffic safety.
b. When there are practical difficulties in complying with the Zoning ordinance. "Practical
difficulties" as used in connection with the granting of a variance, means that the property
owner proposes to use the property in a reasonable manner not permitted by this Chapter.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
Finding:The applicant’s proposal to enclose their side and rear yards with a privacy
fence is reasonable, given that the City Code would ordinarily allow for the enclosure of
rear and side yards to create private gathering space. It is only due to the unique
characteristics of the property that a variance is required.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations, but
rather on the homeowner’s desire for a private yard.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding:The plight of the landowner is due to the lot’s atypical triangular shape,
substandard size, and status as a corner lot, as well as the home’s nonconforming front
yard setback. None of these circumstances were created by landowner.
e. The variance, if granted, will not alter the essential character of the locality.
Finding:Multiple properties in the locality have privacy fences enclosing their rear and
side yards, including the corner lot across the street. The proposed fence would maintain
the existing home’s front yard setback and would not negatively impact the aesthetics of
the surrounding area.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This condition does not apply.
5. The planning report #2022-05, dated April 19, 2022, prepared by MacKenzie Young-
Walters, is incorporated herein.
13
3
DECISION
The Board of Appeals and Adjustments approves the variance to permit a six-foot privacy fence
in the front setback subject to the following conditions:
a.A zoning permit must be obtained before beginning any construction.
b. The location of the fence must be as shown on the survey submitted to the City on
March 17, 2022 as part of variance application Planning Case No. 2022-05.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 19th day of April,
2022.
CITY OF CHANHASSEN
BY:
Mark von Oven, Chairperson
g:\plan\2022 planning cases\22-05 204 w 77th fence var\findings of fact.docx
14
1
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2022-05
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves a variance to permit the
applicant to construct a six-foot privacy fence within the front yard setback along Erie
Avenue, subject to the conditions of approval.
2. Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows:
That part of the SW¼ of the SE¼ of Section 12-116-23, described as follows: Commencing at a
point where the East line of the said ¼ ¼ intersects the North line of St. Aloys Street; thence
West along said North line 184.0 feet to the actual point of beginning; thence continuing West
along said North line 122.9 feet to its intersection with the Southeasterly line of St. Joseph
Street; thence Northeasterly along said Southeasterly line of 160 feet; thence Southeasterly at
right angles 25.0 feet to the intersection with a line drawn parallel to and 184.0 feet West of the
East line of said ¼ ¼; thence South along aide parallel line 105.45 feet to the point of beginning,
Carver County, Minnesota.
3. Conditions.The variance approval is subject to the following conditions:
1.A zoning permit must be obtained before beginning any construction.
2.The location of the fence must be as shown on the survey submitted to the City on
March 17, 2022 as part of variance application, Planning Case No. 2022-05.
4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not
been substantially completed, this variance shall lapse.
15
2
Dated: April 19, 2022 CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
(SEAL)
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2022 by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
g:\plan\2022 planning cases\22-05 204 w 77th fence var\variance document 22-05.docx
16
Pc r+-o5
CO f UN]TY OEVELOPTEI{T DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhass€n, MN 55317
Phone: (952) 227-1100 / Fax (952) 227-1110
"o"-o*3)rd la:-PC Oate:
.+
APPLICATION FOR DEVELOPMENT REVIEW
CITY OT CIIAI'IIIASSII'I
s lq I r>*rr*oo,o*Sl]:aLl\l CC Oate:
Section l: Application Type (check all that apply)
(M. to tE ewq.bE Applirbn ClEcUid lot tcquhd subnittal info'mal*x1thd mus, @irpany this ap{irrdtoo)
E Co.npreherEi\re Plan &nendm6r .
E Minor MUSA line ior failing on-site seurers
fl Conditirnal Use Permit (CUP)
E Single-Family Residence $32s
il25E lu oners.......
E lnterin U$ Pemit 0UP)D ln coniunclion with Single-Family Residence.. $325E ntoners....... ....................$425
El Rezoning (REz)! Planned Unit De\r6lopment (PUD)$750
trtr All Others.
Minor Amendment to existing PUD................. $1m
E Sign Phn Review....
E Site Ptan Review (SPR)
! Create over 3 bts $600 + $15 per lot(_tds)
E U€fes & Born& (2 lots).................................. $300
! Lot Line Adjustrnent
! Final Plat
(lnctudeo $450 escrow br atbmcy coste)'
'Addliil|d cl.I rllly b! ]lqrtd br dE applcrtiqE
0ro0gh t E detdop.rsf confsd.
! Vacation of Easernents/REhtof{rey (VAC)........ $300
(Addfton8l rrcodrE b€! may ACy)
$5oo E Variance (VAR)$200
s150 E Wethnd Alteration Permil (WAP)
n Single-Family Residence......
... s600
...$1m
! Subdivision (SUB)
! Create 3 lds or less $300
$150
$150
$700
n!
E Notification Sign (city to irBta{ and tE nore)
n zoning Appeal
! Zoning Ordinance Amendment (ZOA).................
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tho approp.Lta tag ghrll b. chrgad ior cach rppllcaUoll.
Administrative...... .............. $100
cornmefciaulndustrial Distric$'...................... $500
PIus $10 per 1,000 square feot of building area:( thorsend square feet)
1ncub n nb€. ol !!5@ cmplo}let:
'lndude nu,nber of 4C! erndoye6
! Resilenthl Districls.$s00
Plus $5 per d,n elling unit ( units)
$150
$275
$100
$s00
$200
E Property otrnero' List within sfi)' (ciy !o gnprrb Jrr Flrpprcdion ;il;;i ..$3 per addr*s
Use Permit
Variance
Easements (_ easements)
E Site Plan Agreernent
! Wbtland Atteration Permit
l-'l oeeos
6rag ree, 5615.00
$50 per document
Section 2: Required lnformation
Descridbn of PropGal: l'd like to replace and lengthen existing fence with a 6ft tall white vinyl orivacy fence. I would
follow current setback angles seen in attached Cert of Survey.
204 W 77th StreetProperty Address or Location:
Parcel #: 250122500 See Description on Cert of SuNey
Total Acreage:0.19 Wethnds Present? n Yes U No
Presenl Zoning:Single-Family Residential Olstrict (RSF)Requested Zoning Select One
Present land Use Oesignation:Residential Medium Der Requested Land Use Designation Select One
Existing Us€ of Property:Single Family Residence
fl Escrow for Recording Oocumonts (ch€ck allthet
E Conditional Use Pennit
E vffitbn
E Metes & Boun& Subdivisbn (3 docs.)
Legal Description:
Echeck box if separate nanative is attached.
17
Section 3: Property Owner and Applicant lnformation
APPUCAI{T OTHER THAN PROPERTY OWilER: ln signing this appllEtion, l, as applicant, reprBent to have obtained
authorization from the propeo o^mer to file thas applicdion. I agree to be bound by conditaons of approval, subjec;t only to
the right to ob,ect at the hearings on the applicdbn or during the appeal penod. lf this appliSion has not been sitJned by
the property owner, I have dtached seperate documentatbn of full leg6l capacity to ftle the applicetion. Thb application
should be proc6sed in my neme and I am the party whom the City should contact regardirE any matter penaining to this
applkztbn. I will ke€p m)6€[ informed of the deadlines for submission of material and the progress ol this application. I
further understand that additionalfeos may be charg€d for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and corecl.
Name:
Address:
City/Statezip
Email:
Cell:
Fax:
Signature:
PROPERW OWNER: ln signing this applk:ation, l, as property owner, have full legal capacity lo, and hereby do,
authoEe the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subjecl only lo the rigfrt to ob,iect at the hearings or during the appeal p€rbds. I will keep mlaef anformed of
the deadlines for submission of material and the progress of this applicatirn. I further understand that additional fees may
be charged for consutting fees, feasibility studies, etc. with an eslimate prbrto any authorization to proceed with the
study. I c€rtify that the information and exhibits submitted are true and conect.
Name:BENJAMIN CAMPION Contacl:
Phone:Address:204 WEST 77TH STREET (952) 217-772s
City/State/Zip:
Email:
CHANHASSEN MN 55317 Cell:
Fax:BENJAMINJCAMPION@GMAIL.COM
sig n"1ur". Ben Campion Cl'ti.lt 3ln.d !, &. C.hpir
Date:3t1612?o3r. 2022 03 16 13 15 05-0500
This +plicatbn must be complet€d in full and must be accornpanied by all infiormatbn and plans Gquired by
appliceble City Ordinanco provisions. Bebre filing this applicaton, refer to the appropriate Appli€tion Chedlist
and conter with th6 Planning Departrnent to determine the specific ordinance and appli:able procedural
rcquirenrenB and fe6.
A determinatbn of cornpleteness of the applicdion shall be made withan 15 businBs days of application submittal. A
written ndkE of applicetion d€ficiencies shall be mailed to the appli€nt within 15 business da)6 of application.
PROTECT ENGINEER (if appli=ble)
Contact:
Phone:
Cell:
Fax:
Who should r€caive coplss of staff t€ports?'Other Contact lnformation :
! Mailed Paper copy Name:!!tr
Maihd Paper Copy
Mailed Paper Copy
Mailed Paper Copy
Addre6s:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, th€n select SAVE FORM to save a copy to your
devbe. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
PRINT FORM SUBfIIIT FORII
Section 4: Notificataon lnformation
E Property Owner Via: E Email
E eppn:ant Ma: E Emailn englne€r Ma: E Emailtr otter' Ma: E Email
city/s-tatezip:
Email:
Conbd: _
Phone'
-
N*o'
A#^o'
crwrstatezip:
Email:
SAVE FORMcopy to the city for processing.
18
To whom it may concern,
My name is Ben Campion and I am seeking a fence variance for my single family home located
on 204 West 7lh Street in Chanhassen, MN. There is an existing chain link fence that covers a smaller
portion of the property that I would like to replace, as well increase in size, with a 5ft white vinyl privacy
fence. I believe my residence was built in 1900, one of the oldest in the city, and also prior to any zoning
ordinance being in place. Due to the property being on a corner lot so long ago creates circumstances
unique to the property. Currently, the property doesn't offer much privacy from neighbors and
passersby due to its unique placement. The locality has many properties with similar privacy fences
installed, many of which can be found on corner lots. l'm asking for peaceful, quiet use of my property
that is reasonable and in line with what the zoning ordinance allows for, the issue herein is that the
fence would encroach on the lot lines setback, as it currently does. The property was surveyed prior to
submittal and lwould propose that the replacement fence maintain the existing home setback
distance/angles with the newly installed privacy fence. The fence would then run along the back of
property line to the property corner in an effort to maximize property use as well as allow for friends
and family to enjoy the property in a more private setting. Thank you for your consideration.
Sincerely,
Ben Campion
19
Written justification of how request complies with the findings for Branting a variance
(pursuant to Section 20-58) as follows:
a. Variances shall only be permitted when they are in harmony with the general purposes and
intent ofthis Chapter and when the variances are consistent with the comprehensive plan.
I believe that the installation of a privacy fence for my backyard is in harmony with the genera!
purposes and intent of this chapter, as privacy fences are allowed in the Residential zoned
district my house is located within.
b. When there are practical difficulties in complyint with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the property
owner proposes to use the property in a reasonable manner not permitted by this Chapter.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar
energy systems.
There are practical difficulties given that when the princ iple structure was constructed the
current zoning ordinances did not exist. The property orvned is proposing to use the property in
a reasonable manner, the variance lies in the need to install a fence that encroaches on ihe
front/side yard setbacks, which were put into effect after ttre construction of the principle
structure.
d. The plight ofthe landowner is due to circumstances unique to the property not created by
the landowner.
The circumstances uoique to the property (house built prior to zoning ordinance, lot setbacks)
were not created by the landowner.
e. The variance, if granted, will not alter the essential character of the locality.
The locality {Residential zoned} has a multitude of singlt: lamily residences with privacy fences
installed, many of which are corner lot3 (akin to the lot l:hat this variance perm,t is being
requestedi.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes
Section 216C.06, subdivision 14, when in harmony with this Chapter.
Not applicable
c. That the purpose of the variation is not based upon economic considerations alone.
The variance being reguested is to install a 6' in height white vinyi privacy fence, of which the
landowner expects to economically benefit from. The desire
's
to have fenced yard, with some
measure oi privacy.
20
21
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTYOFCARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
April7,2022, 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 ofConsider a request for
variances to permit a six-foot privacy fence. Zoned Single-Famity Residential @SF).
Property Owner: Benjamin Campion to the persons named on attached Exhibit "A", by
enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the
envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses ofsuch owners were those appearing as such by the
records ofthe County Treasurer, Carver County, Minnesotq and by other appropriate records'
Kim . Meuwissen, City lerk
Subscribed and swom to before me
thinday or llonl ,zozz.
I JEAI'J M STECIG|NG iNdry Rffb{lnactartffirEdr.lt$,roa
N ublic
22
Subiect
Parcel
cTAX_NAME>
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Subject
Parcel
Disclaimer
This map as neather a legally recoded map nor a survey and is not intended to be used
asone. This map is a compilation of records, informaton and dalia localed in various city,
county, state and federal offrces and other sources regarding lhe area shown, and is to
be us€d for reference purposes only. me City does not wanant that the Geographic
lnformation System (GlS) Data used to prepare this map are enor free, and the City does
not represent lhat the GIS Data can be used for oavigatonal, tracking or any other
purpose requaring exacfng measurement of distance or dareclion or prec,sion in lhe
depiction ot geographic features. The preceding disdaimer is provided pursuanl to
Minnesota Statules 5466.03, Subd. 21 (2000), and the user of this map acknowiedges
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 thhd partes which arise oul of the useis access or
use of dala provided.
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This map is neither a l€€ally recorded map nor a survey and is not intended to be used
as one. This map is a compilation of records, ,nformation and data located in various city,
county, state and fedeaaloffices and other sources regarding the area shown, and is to
be used for efe.ence purposes only. The City does not warant that the Geographic
lnformation System (GlS) Data used to prepare this map are enor free, and the City does
not represent that the GIS Data can be used for navigational, tracking or any other
punose requarjng exacting measurement of distance or direction or precision in the
depictron ot geographic features The preceding dasdaimer is provided puBuanl lo
Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly vvaives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and allclaims broughl
by User, its employees or agents, or third parties which arise out of the us€/s access or
use of data provided
(Next RecordD(TAX_NAMED
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26
Planning Commission Item
April 19, 2022
Item 6430 Pleasant View Lane: Consider a Request for a Side Yard Setback
Variance to Permit Construction of an Addition
File No.Planning Case No. 2022-06 Item No: B.2
Agenda Section PUBLIC HEARINGS
Prepared By Bob Generous, Senior Planner
Applicant
Applicant:
Mike Werth
5116 Waterbury Road
Mound, MN
Property Owner:
Meghan & Mark LaLonde
6430 Pleasant View Lane
Chanhassen, MN 55317
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage 0.402
Density
Applicable
Regulations
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
SUGGESTED ACTION
"The Chanhassen Board of Appeals and Adjustments approves a five-foot side yard setback variance
with an additional 18-inch encroachment for the eaves, subject to the conditions of approval, and
adopts the Findings of Facts and Decision."
27
SUMMARY
The applicant is requesting a four-foot side yard setback variance to allow the addition to the rear of the
existing garage along the existing plane of the structure. However, the application should also address
the existing structure which is five feet from the property line, and include with the variance to allow an
18-inch eave.
BACKGROUND
The house was constructed in 1950. Schroeder Addition was approved on June 9, 2003.
DISCUSSION
The applicant’s request for a variance to the side yard setback is reasonable since they are proposing an
expansion of their garage to create tandem storage and expanding their living area while maintaining
the existing building elevation plane for the extension.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, approve
a five-foot side yard setback variance with an additional 18-inch encroachment for the eaves, and adopt
the attached Findings of Facts and Decision, subject to the following conditions:
1. An Encroachment Agreement is required for the existing retaining wall located within the
northern side yard public drainage and utility easement.
2. A building permit must be obtained before beginning any construction.
3. Building plans must provide sufficient information to verify that the proposed building meets all
requirements of the Minnesota State Building Code. Additional comments or requirements may
be required after plan review.
4. Retaining walls (if present) more than four feet high must be designed by a professional engineer
and a building permit must be obtained prior to construction.
ATTACHMENTS
Staff Report
Findings of Fact and Decision (Approval)
Development Review Application
Narratives
Certificate of Survey
Floorplan
Affidavit of Mailing
28
CITY OF CHANHASSEN
PC DATE: April 19, 2022
CC DATE: May 9, 2019 (if necessary)
REVIEW DEADLINE: May 17, 2022
CASE #: PC 2022-06
BY: RG, EH, DN, ET
SUMMARY OF REQUEST:
The applicant is requesting a four-foot setback variance for an expansion of the garage
continuing the plane of the existing garage.
LOCATION:6430 Pleasant View Lane
Lot 2, Block 1, Schroeder
Addition
APPLICANT:Mike Werth
5116 Waterbury Road
Mound, MN 55331
OWNER:Meghan & Mark LaLonde
6430 Pleasant View Lane
Chanhassen, MN 55317
PRESENT ZONING:“RSF”Single-Family
Residential District
2040 LAND USE PLAN: Residential Low
Density
ACREAGE:0.402 acres DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City’s discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the Zoning Ordinance for a variance. The City has a
relatively high level of discretion with a variance because the applicant is s eeking a deviation
from established standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments approves a five-foot structure side yard
setback variance with an additional 18-inch encroachment for the eves subject to the conditions of
approval,and adopts the Findings of Facts and Decision.”
29
6430 Pleasant View Lane
April 19, 2022
Page 2
PROPOSAL/SUMMARY
The applicant is requesting a four-foot side yard setback variance to allow the addition to the rear
of the existing garage along the existing plane of the structure. However, the application should
also address the existing structure which is five feet from the property line, and include with the
variance to allow an 18-inch eave.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
BACKGROUND
The house was constructed in 1950. Schroeder Addition was approved on June 9, 2003.
SITE CONSTRAINTS
Zoning Overview
The Single-Family Residential zoning district permits a single-family home. Building setbacks
are 30-feet front and rear and ten-foot side. The maximum hardcover is 25 percent impervious
surface.
30
6430 Pleasant View Lane
April 19, 2022
Page 3
Bluff Creek Corridor
This property is not encumbered by the Bluff Creek Overlay District.
Bluff Protection
There are no bluffs on the property.
Floodplain Overlay
This property is not within a floodplain.
Shoreland Management
The property is not located within a Shoreland Protection District.
Wetland Protection
There are no wetlands on site.
NEIGHBORHOOD
Variances within 500 Feet:
Case #Address Request
77-21 195 Pleasant View Rd.2-ft. and 3-ft.
side yard
setbacks (garage
and house)
Extend along
existing building
plane
Approved
89-11 185 Pleasant View Rd.1,080-sq. ft. lot
area and 38-ft.
lot depth
variances
Subdivide with
substandard lot
Denied
91-07 180 Fox Hollow Dr.12-ft. front yard
variance from
20-ft. setback
Construct porch
and deck 8 ft.
from property
Denied
02-06 185 Pleasant View Rd.Variance from
lot area and lot
depth
Subdivide with
substandard lots
Withdrawn
ANALYSIS
The applicant’s request for a variance to the side yard setback is reasonable since they are
proposing an expansion of their garage to create tandem storage and expanding their living area
31
6430 Pleasant View Lane
April 19, 2022
Page 4
while maintaining the existing building elevation plane for the extension. The use of the property
for a single-family home and two-car garage are consistent with the Comprehensive Plan and
zoning ordinances guidance for the property. The proposed addition will angle away from the
property line the further west it goes. The proposed variance must also cover the 18-inch
encroachment of the roof eave into the side yard setback as well as into the drainage and utility
easement. Architectural elements of the principal structure shall not be allowed to encroach into
any approved variance setback. Eaves must therefore be included in the variance approval.
The property to the north has installed a privacy fence approximately seven feet off their
southerly property line. In the applicant’s narrative, they explain that they maintain the yard in
this area. This additional separation makes it appear that the house is further from the property
line than it is.
Engineering
Engineering 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.
1. Any and all utility and transportation plans submitted with this application have been
reviewed only for the purpose of determining the feasibility of providing utility and
transportation facilities for the project and that the proposal is in accordance with City
Standards. A recommendation of variance approval does not constitute final approval of
details, including but not limited to alignments, materials and points of access, utility
connections or discharge, that are depicted or suggested in the application. The applicant
is required to submit detailed construction drawings for the project, as applicable. The
City of Chanhassen Engineering and Public Works Departments will review plans, in
detail, when they are submitted and approved, 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 variances 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 requesting a side yard setback variance from the northern property line
for the construction of an addition at 6430 Pleasant View Lane. Based on the provided
plans and narrative, there are no impacts or improvements associated with public utilities
(sanitary sewer, water, storm sewer, streets, etc.). It appears the proposed addition’s eves
requiring the variance aerially extend into the side yard’s 5-foot public drainage and
utility easement (DUE), as well as the existing garage eves. Generally, this type of
aerially encroachment is not permitted in order to facilitate access throughout the
easement. However, Public Works and Engineering considers this to be an existing
nonconformity and that it would not be judicious to require the applicant to remove the
existing eves as generally the purpose and intent of the public DUE remains with such a
32
6430 Pleasant View Lane
April 19, 2022
Page 5
limited aerial encroachment, and as such the proposed extension of the nonconformity
can be approved. Additionally, staff would not require an Encroachment Agreement for
something attached to a primary structure. However as there is an existing terrestrial
structure on the site that encroaches into the same side yard public DUE (i.e. the existing
retaining wall abutting the driveway) that the City has no record of obtaining an
Encroachment Agreement for; an Encroachment Agreement should be required for it. See
proposed Condition 1.
Miscellaneous
A building permit must be obtained before beginning any construction. Building plans must
provide sufficient information to verify that the proposed building meets all requirements of the
Minnesota State Building Code. Additional comments or requirements may be required after
plan review. Retaining walls (if present) more than four feet high must be designed by a
professional engineer and a building permit must be obtained prior to construction.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments,
approve a five-foot side yard setback variance with an additional 18-inch encroachment for the
eves, and adopt the attached Findings of Facts and Decision, subject to the following conditions:
1. An Encroachment Agreement is required for the existing retaining wall located within the
northern side yard public drainage and utility easement.
2.A building permit must be obtained before beginning any construction.
3. Building plans must provide sufficient information to verify that the proposed building
meets all requirements of the Minnesota State Building Code. Additional comments or
requirements may be required after plan review
4. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
ATTACHMENTS
1. Findings of Fact and Decision (Approval)
2. Development Review Application
3. Applicant’s Narrative
4. Certificate of Survey
5. Main Level Floorplan
6. Affidavit of Mailing
g:\plan\2022 planning cases\22-06 6430 pleasant view ln var for addition\staff report_6430 pleasant view ln_var.docx
33
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Mike Werth and property owners Meghan & Mark LaLonde, et al, for a side yard
setback variance for an addition to their garage and house on property zoned Single Family
Residential District, RSF, – Planning Case #2022-06.
On April 19, 2022, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential District, RSF.
2. The property is guided in the Chanhassen Comprehensive Plan for residential low density
use.
3. The legal description of the property is Lot 2, Block 1, Schroeder Addition, Carver County,
Minnesota.
4. Variance Findings – Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the Comprehensive
Plan.
Finding: The proposed house expansion is consistent with the zoning regulations and
Comprehensive Plan. The applicants are proposing to improve their home to meet the
needs of their larger family.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The practical difficulty is connecting to an existing structure that does not
comply with the setback requirement. The proposed expansion is reasonable and
feasible.
34
2
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The applicants are presenting a reasonable means of expanding their garage
and home to accommodate their growing family. Following the existing building line to
extend the garage and create additional living space is common sense.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The existing home was constructed five feet from the northerly property line.
The expansion plans are reasonable and sensible.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The house will be compatible with the other homes in the neighborhood. The
building expansion is angled away from the property line.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding:This condition does not apply.
5. The planning report #2022-06, dated April 19, 2022, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
The Board of Appeals and Adjustments approves a five-foot side yard setback variance
with an addition encroachment of 18 inches for the eves, subject to the following conditions:
1. An Encroachment Agreement is required for the existing retaining wall located within the
northern side yard public drainage and utility easement.
2. A building permit must be obtained before beginning any construction.
3. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code. Additional comments or
requirements may be required after plan review.
4. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
35
3
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 19th day of April,
2022.
CITY OF CHANHASSEN
BY:
Mark von Oven, Chairman
g:\plan\2022 planning cases\22-06 6430 pleasant view ln var for addition\findings of fact and decision.doc
36
P<- rr-46
COMMUI{ITY DEVELOP]TENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1 100 / Fax: (952) 227-1110
subminarDar.3l i?\ J.I Pc Dare
CITI OT CHAI'IHASSII{
APPLICATION FOR DEVELOPMENT REVIEW
CC Date:6GDay Review Date:S ts;
Section 'l: Application Type (check all that apply)
(Refer to the apgropnab Aqpticdioo Ch6fdist tor tquhed submittat infodndtion lhat must a@ompatry this applicaton)
E Conditional Use Permit (CUP)
n Single-Family Residence .
E Atl others
E Comprehensive Plan Amendment $60o
E Minor MUSA line for failing on-site sewers....' $100
! Subdivision (SUB)
I Create 3 lots or less ...-.................................... $300
E Create over 3 lots.-.....................$600 + $15 per lot(_ lots)
! Metes & Bounds (2 lots).........-...,.................... $300
E Consolidate 1ots.........-.................................... $150
n Lot Line Adjustment........................................-$150
E Final P|at..........$700
(lncludes $450 escrow for attomey costs).
*Additional esqqv may be Iequir3d for ottEr apdications
though the de\relopment contrad.
E Vacation of Easements/Right-of-way (VAC)........ $300
(Additiooal Gcording fees may apply)
dvariance (vlR)................-................................... $200
$325
$425
$7s0
$100
$500
$100
$500
E Rezoning (REZ)
E Planned Unit Development (PUD) ...
n Minor Amendment to existing PUD..
! All others......
E Site Plan Review (SPR)
E Administrative
E Commercial/lndustrial Dislricts*
Plus $10 per 1 ,000 square feet of building area:( thousand square feet)
'lndude number of 9!lE429 emplo)€€s:
'lndude number of @[ emdoyees:
E Escrow for Recording Documents (check all that
E Conditional Use Permit
E Vacation
! Metes & Bounds SuMivision (3 docs.)
U Wetland Atteration Permit WAP)
E Single-Family Residence...........
E Residential Districts $5oo
Plus $5 per dwelling unit ( units)
d Property Ouners' List within 500' (citv to generate after pre-application meeting)
E All orrers......
!gIE: When multple applicatlons a.e Proce&red conculron[y'
the approprlate fee shall be charged for each appllcatior.
$3 per address
( f,l addresses)
E Site Plan Agreement
E Wetland Alteration Permit
$150
$275
$100
$s00
................... $50 per document
Permit
! Easements L- easements)! Deeds .--
TOTAL FEE: 6 JJ
Section 2: Required lnformation
Description of Proposal:
Property Address or Location:7/.^
parcet*: Z€ ll lOOZ1 Legal Description:Q_h vo pr\l-r
o - 3q wetlands Present?
r'h
Present Zoning:Select One
!Yes Elr6'
Requested Zoning:Select One
Select OnePresent Land Use Designation:
Existing Use of Property:
ncheck box if separate nanative is attached
n lnterim Use Permit (lUP)
fl ln conjunction with SingleFamily Residence.. $325
E Att otners...... .......................$425
Total Acreage:
Requested Land use Designation: Select one
37
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERW 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 appeal period. lf this application has not been signed by
the pioperty 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 m)rself informed of the deadlines for submission of material and the progress of this application. I
furiher understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed study. I certify that the information and exhibits submitted are true and conect
Name:
with the
//€
Address: 5/ / le
City/State/Zip:
Email:
Signature:
Name:
Contact:
Phone:li<'>-z_za - t t,1,y'
Cell: 73 Z--zzd - /L.b
,.7
D
?,t Fax:
Date 7-/'72
PROPERTY OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this apptication. I understand that conditions of approval are binding and agree to be bound by those
conditions, suble& onty to tih'e rignt to ob,ect at the hearings or during the appeal periods. I will keep m)rself informed of
the deadlines for submission of haterial and the progress of this application. I further understand that additional fees may
G-cnargeO for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. icertify that the information and exhibits submitted are true and conect'
d a-t--^-dA
Address:
City/Statezip:a
Email:
Signatu re
PROJECT ENGINEER (if applicable)
Name:
Address:
CrtylSlatelZip:
Email:
Cell:
Fax:
lO t1 Yq. 13o. t)
Date:
Contact:
Phone:
l1 o
applicable City Ordinance provisions. Before filing this
and confer with the Planning Department to determine
accompanied by all information and plans required by
application, refer to the appropriate Application Checklist
the specific ordinance and applicable procedural
requirements and fees.
A determination of compleleness of the application shall be made within 15 business days of application submittal. A
*iU"n noti"" of
"pptication
deficiencies shall be mailed to the applicant within 15 business days of application.
This application ust be completed in full and must
l>)
Who should receive copies of staff reports?'Other Contact Information:
Name:
Address:
City/State/Zip:
Email:
{eroperty ouner Yia: {E1nil
El'nppticant Via: lzl€mail
I Engineer Via: Ll Email
E otner Via: L-l Email
n Maileo Paper Copy
E uaneo Paper Copy
I uaiteo Paper Copy
E Mailed Paper copy
INSTRUCTION S TO APPLI CANT
device. PRINT FORM and deliver
copy to the city for Processing
: Complete all necessary form fields,
to city along with required documents
then select SAVE FORM to save a copy to your
and payment. SUBMIT FORM to send a digital
SAVE FORM PRINT FORM SUB['IT FORI,I
contaa, LA- 4 h6 " Le' U-o ^,{-r
Phone: LZ tz. 1 1',0 . \lLlt
Cell:
Fax:
Section 4: Notification Information
38
Dear City of Chanhassen,
Thank you for considering our variance.
Let me start by introducing myself my name is Meghan LaLonde, my husband is Mark LaLonde, we have three
daughters Delphie (9), Sylvia (7), Fiona (3) and one pup, a Goldendoodle, Klaus. When we first bought this home in
2017 we knew that it was our forever home and had the potential to allow our family to grow. We have always
enjoyed putting love into an older home and respecting the previous family's time in it. (We are only the 2nd
homeowner in a 72 year old home! – pretty cool.) When we moved in, we had only two daughters. Now with three
children, we feel we are a wee bit tight in the house. The areas we plan to improve on will allow each girl their own
space, more bathroom space (going to be needed as they grow!), an additional tandem garage as we have
purchased a retro camper (we plan to park that in our tandem stall - side of the variance) to ensure we are abiding
by the Chanhassen codes and being a respectful neighbor. The other parts of the extension will gain a mudroom
to keep all of the shoes and backpacks at bay. We are going to gain some space to house a big old family dinner
table to do puzzles, homework, and most importantly have family and friends over for celebrations. If we’ve
learned anything over these last couple of years , time spent with loved ones means the most. My husband and I
are now fully working from home. We adore our neighbors, neighborhood, and schools that the girls are currently
in.
We are requesting that our garage addition overlap with the zoning ordinance on our property line roughly 4.1’ to
maintain most efficient use of land and aesthetic of building.
The house was originally built and sitting on the plot as you see in our survey. To extend it straight off the garage
would ensure aesthetically that it looks like it has always been this way and will not disturb the surroundings or the
character of the neighborhood. The garden is what most attracted us to this plot of land; with this plan we can still
honor that beautiful soil.
Due to the position of the house on the property (guessing things were different at that time) we are unable to
put the camper on the side of the home, nor can we park it in front (due to code). This is where the tandem garage
is going to be so helpful!
The garage side of the house is where our neighbor to the right put in a beautiful privacy fence inset from her
property line. The easement is not utilized or maintained by the neighbor, falling to us to maintain its appearance.
Denial of the variance due to the zoning ordinance would result in t he garage jutting in on that side and would
make the roofline and side of the house feel and look unbalanced.
Our variance request may seem minor to most but to us it will allow a design that will allow our family to thrive
while maintaining the character of the home and neighborhood that we fell in love with from the beginning.
Sincerely,
The LaLonde Family at 6430 Pleasant View Lane
39
Dear City of Chanhassen,
Thank you for considering our variance.
Let me start by introducing myself my name is Meghan LaLonde, my husband is Mark LaLonde, we have three
daughters Delphie (9), Sylvia (7), Fiona (3) and one pup, a Goldendoodle, Klaus. When we first bought this home in
2017 we knew that it was our forever home and had the potential to allow our family to grow. We have always
enjoyed putting love into an older home and respecting the previous family's time in it. (We are only the 2d
homeowner in a 72 year old home! - pretty cool.) When we moved in, we had only two daughters. Now with three
children, we feel we are a wee bit tight in the house. The areas we plan to improve on will allow each girl their own
space, more bathroom space (going to be needed as they growl), an additional tandem garage as we have
purchased a retro camper (we plan to park that in our tandem stall - side of the variance) to ensu re we are abiding
by the Chanhassen codes and being a respectful neighbor. The other parts of the extension will gaio a mudroom
to keep all ofthe shoes and backpacks at bay. We are going to gain some space to house a big old family dinner
table to do puzzles, homework, and most importantly have family and friends over for celebrations. lf we've
leamed anything over these last couple of years, time spent with loved ones means the most. My husband and I
are now fully working from home. We adore our neighbors, neighborhood, and schools that the girls are currently
in.
4'
We are requesting that our Barage addition overlap with the zoninB ordinance on our property line roughly 24'to
maintain most efficient use of land and aesthetic of building.
The house was originally built and sitting on the plot as you see in our survey. To extend it straight off the garage
would ensure aesthetically that it looks like it has always been this way and will not disturb the surroundings or the
character of the neighborhood. The garden is what most attracted us to this plot of land; with this plan we can still
honor that beautiful soil.
Due to the position of the house on the property (guessing things were different at that time) we are unable to
put the camper on the side ofthe home, nor can we park it in front (due to code). This is where the tandem garage
is going to be so helpful!
The garage side of the house is where our neighbor to the right put in a beautiful privacy fence inset from her
property line. The easement is not utilized or maintained by the neighbor, falling to us to maintain its appearance.
Denial of the variance due to the zoning ordinanc€ would result in the garage jutting in on that side and would
make the roofline and side of the house feel and look unbalanced.
V l,vrt
Sincerely,
The Lal-onde Family at 30 Pleasant View Lane s'f C\
fl,hhO /v-1 e-FiEv4!
1_
%
Our variance request may seem minor to most but to us it will allow a design that will allow our family to thrive
while maintaining the character ofthe home and neighborhood that we fell in love with from the beginning.
-tTA,a*
t\\40
41
42
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
CoUNTYOFCARVER )
Kim T.wissen, City Cler
Subscribed and to before me
thiiTm day of (t 2022.
JEAII M SIECKLING
itoaE y Plttb{lfnodryr*&r litt frfr, rerNotarv Publi
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
Apnl7,2022, 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 ofConsider a request for
a side yard setback variance to permit construction of an addition. Zoned Single-Family
Residentiat @SF). Appticant: Mike Werth / Property Owner: Meghan & Mark Lalonde
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.
43
Subject
Parcel
Obcl.imgr
This map is neither a legally reco.ded map nor a suNey and is not intencled to be t/s€d
as one- This map is a @mprlation of.ecorals, information and data localed in various cjty,
county, state and fede'ral ofices and other sources re€arding the arca shown, and is to
be used for .efermce purposes only. The Crty does not wanant that the Geographic
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not epresent that lhe GIS Oata can be used fot navigational. trackino or any other
purpose requidng eracling measuaefient of distiance or dar€ction or precision in the
depiction of geographic features. The preceding disdaimer is provided pursuanl to
Minnesota Statnes 5466 03. Subd. 21 (2000), and the user ol this map aclnowledg€s
liat the City shall not be laable for any damages, and expressly waives all daims, and
agrees to defend, indemnify. and hold harmless the City lrom any aM all daams baought
by user, its employe€s or agents, or thid partes which arise out of the use/s acc$s or
use of data provided
Disclaimer
This map is neither a legally recorded map nor a sutuey and as not antended to be used
as one This map is a compilation of records, informahn and data located in various crty,
county, state and federalofnces and olier sources regarding lhe area shown, and is to
be used ior referen@ purposes only. The Cit does not warrant that the Geog6phic
lnfrormaijon System (GlS) Oata used to prepare this map are er.or te€, and the City does
not represent that the Gls Data can be used for navigatronal, tracking or any other
purpose requiring exactrng measuremenl ot disbnce or direction ol precision rn the
depiction of geographjc features. The preceding disclaimer is provided puBuanl to
Minnesota Statutes 5466 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 lo defend, indemnfy, and hold harmless the City ftom any and all claims broughl
by l.lser, its employees or agents. or lhird parties which arise oul of the users access or
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47
Planning Commission Item
April 19, 2022
Item 855 Pleasant View Road: Consider a Request for Subdivision Review for Two
Lots with Variances for the Use of a Private Street and a Neck Lot
File No.Planning Case No. 2022-02 Item No: B.3
Agenda Section PUBLIC HEARINGS
Prepared By Bob Generous, Senior Planner
Applicant
Mary and Michael Meuwissen
4265 County Road 123
Mayer, MN 55360
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage 3.36
Density 0.59 units per net acre
Applicable
Regulations
Chapter 18, Subdivisions
Chapter 18, Division II, Section 18-22, Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
SUGGESTED ACTION
"The Chanhassen Planning Commission recommends City Council approve a request for subdivision
review for two lots with variances for the use of a private street and a neck lot on property located at
855 Pleasant View Road subject to the conditions of the staff report, and adopts the Findings of Fact
and Recommendation."
SUMMARY
A request for a subdivision review for two lots with variances for the use of a private street and a neck
lot.
48
BACKGROUND
Vineland plat was approved in 1887. The right-of-way for Eden Prairie Road, now Pleasant View Road,
was dedicated with the subdivision. Pat Cunningham subdivision was approved on September 4, 1979,
creating three lots, one of which is being subdivided. In July 2021, a lot line adjustment between Lots 2
and 3, Pat Cunningham, was recorded creating the lot configuration of this subdivision.
DISCUSSION
The applicant is requesting subdivision approval to create two single-family lots with a variance for the
use of a private street to access the properties, including the property to the southwest that is not part of
the subdivision, and to permit a neck lot for one of the lots. The proposed development is straight
forward and complies with ordinance requirements. Staff directed the use of a private street which in
turn led to the neck lot configuration for the second lot. The only public improvement will be the
installation of a fire hydrant on the south side of Pleasant View Road. The only issue to be resolved is
the final design for the stormwater best management practices for the parcels.
RECOMMENDATION
Staff recommends approval of the two-lot subdivision with a variance for a private street and a neck lot,
plans prepared by Civil Site Group, dated
March 18, 2022, subject to the conditions of the staff report, and approval of the Findings of Fact and
Recommendation.
ATTACHMENTS
Staff Report
Findings of Fact and Recommendation
Development Plans
Affidavit of Mailing
Affidavit of Publication
49
PC DATE:April 19, 2022
CITY OF CHANHASSEN CC DATE: May 9, 2022
REVIEW DEADLINE:
CASE #:2022-02
BY:RG, EH, DN, JS, JS, ET
SUMMARY OF REQUEST: Request for a subdivision review for two lots and variances for
the use of a private street and a neck lot.
LOCATION:855 Pleasant View Road
APPLICANT: Mary and Michael Meuwissen
4265 County Road 123
Mayer, MN 55360
PRESENT ZONING: “RSF” Single-Family
Residential District
2040 LAND USE PLAN: Residential Low Density
ACREAGE:3.36 acres (146,372 sq. ft.)
DENSITY: 0.59 net units per acre
Level of City Discretion in Decision-Making:
The City’s discretion in approving or denying a Preliminary Plat is limited to whether or not the
proposed plat meets the standards outlined in the Subdivision Regulations and Zoning
Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a
quasi-judicial decision.
The City’s discretion in approving or denying a Variance 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.
PROPOSAL/SUMMARY
A request for a subdivision review for two lots and variances for the use of a private street and a
neck lot.
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends approval of a subdivision creating two lots
with variances for the use of a private street and a neck lot,subject to the conditions of approval
and
Adopts the Findings of Fact and Recommendation.”
50
855 Pleasant View Road
April 19, 2022
Page 2
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Chapter 18, Division II, Section 18-22, Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
BACKGROUND
Pat Cunningham was approved on September 4, 1979, creating
three lots, one of which is being subdivided.
In July 2021, a lot line adjustment between Lots 2 and 3, Pat
Cunningham,was recorded creating the lot configuration of
this subdivision.
EXISTING CONDITIONS
SITE CONSTRAINTS
Bluff Creek Corridor
This property is not located within the Bluff Creek Overlay
District.
Wetland Protection
There is a wetland located in the southern portion of the site.
The proposed development will not impact this wetland and
appropriate wetland setbacks and buffers shall be maintained.
The proposed plans show one wetland onsite that was delineated by Kjolhaug Environmental
Services on November 10, 2021. The associated wetland report was approved by the Wetland
Conservation Act technical evaluation panel on February 9, 2022. The report included a
MNRAM assessment. The wetland was classified as a medium value wetland with a minimum
buffer width requirement of 20 feet and an average width of 40 feet as outlined by Riley
Purgatory Bluff Creek Watershed District (RPBCWD) rules. The watershed rules are stricter
than City regulations. The proposed plans appear to meet the City’s wetland buffer and setback
requirements to principle structures outlined in Article VI, Chapter 20 of City Ordinance -
Wetland Protection.
Bluff Protection
While the property has significant typographical changes, there are no bluffs on the property.
Shoreland Management
The property is located within a shoreland protection district of Lotus Lake.
51
855 Pleasant View Road
April 19, 2022
Page 3
Floodplain Overlay
This property is not within a federally designated floodplain.
EXISTING CONDITIONS SURVEY
The applicant provided an existing condition survey dated April 29, 2008 which encompasses
Lots 2 and 3 of the Pat Cunningham subdivision. As the proposed development is subdividing
Lot 2 of the Pat Cunningham subdivision to create the proposed Cunningham 2nd Addition, and
because existing condition surveys are used to supplement all construction plans and designs, a
recent and updated existing condition survey must be provided with the final plat and final
construction plans that is in conformance with the requirements of Sec. 18-40.
SUBDIVISION REVIEW
The applicant is requesting subdivision approval to create two single-family lots with a variance
for the use of a private street to access the properties, including the property to the southwest that
is not part of the subdivision,and to permit a neck lot for one of the lots.
PRELIMINARY PLAT
52
855 Pleasant View Road
April 19, 2022
Page 4
GRADING, DRAINAGE & EROSION CONTROL
Grading
The site’s existing and proposed grades generally slope to the
east. The applicant is proposing grading for the development to
occur over two phases as the preliminary plans indicate the lots
are to be custom graded, which means during “Phase 1” mass
grading will be conducted by the developer in order to construct
the proposed private street, utility improvements and the private
stormwater BMPs, while the builder who will construct the
homes will grade each lot as needed during “Phase 2”. Because
the lots will be custom graded, the final grading plans for each lot
will be reviewed and approved during the building permit
submittal in accordance with Chapter 7 of City Ordinance,
however, the preliminary grading plan submitted is required to
show the feasibility of the lots based on the requirements of
Chapter 7 and Chapter 18. These requirements include separation
from low floor elevations of the proposed homes to the highest
known groundwater elevations, ensuring lowest building
openings have enough freeboard from any emergency overflows
adjacent to the homes, ensuring driveway grades are within limits
set by Ordinance (0.5%-10%), ensuring drainage will be routed
away from building pads, illustrating adequate erosion control
measures are planned for, etc. Based on the provided preliminary grading plans, it appears that
generally the site can be graded so that the requirements of Chapter 7 and Chapter 18 can be met,
however, the plans are preliminary in nature and much of the supplementary information which
accompanied the provided grading plans is missing in accordance with Section 7-19 and 18-40 of
City Ordinance and will be required upon submittal of final plat and final construction plans.
Drainage
In the existing conditions survey, stormwater runoff generally flows from the west to the east.
Stormwater leaves the site primarily by sheet flow through private property before entering
public stormwater infrastructure along Fox Path. The proposed condition largely maintains
existing drainage patterns but routes additional area (0.33 acres) to the northeast drainage
discharge point. The proposed design uses surface grading to collect and convey the majority of
the site’s stormwater to two privately owned filtration basin best management practices (BMPs)
which treat the stormwater before it discharges offsite. By collecting the stormwater into basins,
some of the areas of sheet flow are converted to a more concentrated flow with potential impacts
to downstream properties including altered drainage patterns, increased stormwater volumes, and
erosion. The risk is amplified by the steep slopes ranging from 3:1 to 4:1 that exist just
downstream of the proposed discharge locations. The existing conditions survey must be updated
to include areas to the east of the project to show how stormwater ultimately leaves the site.
There appears to be a more defined channel south of filtration basin 1 that could convey
stormwater to an existing catch basin which may act to mitigate downstream impacts for that
specific area. For filtration basin 2, it is recommended that the applicant consider additional
measures to ensure there are no adverse impacts downstream. Possible solutions include
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additional site stabilization, grading, and a filtration berm to more closely mimic how stormwater
leaves the site in the existing condition and reduce the risk of erosion. The applicant shall work
with staff to incorporate additional measures as needed to mitigate downstream impacts from
stormwater. Additional soil stabilization computations may be required.
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Erosion Prevention and Sediment Control
The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject
to the General Permit Authorization to Discharge Stormwater Associated with Construction
Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES
Construction Permit). The applicant has prepared and submitted a Surface Water Pollution
Prevention Plan (SWPPP) to the City for review. The SWPPP is a required submittal element for
preliminary plat review along with the Erosion and Sediment Control Plan in accordance with
Section 19-145 of City Ordinance. No earth disturbing activities may occur until an approved
SWPPP is developed. This SWPPP shall be a standalone document consistent with the NPDES
Construction Permit and shall contain all required elements the permit. The SWPPP will need to
be updated as the plans are finalized, when the contractor and their sub-contractors are identified
and as other conditions change. All erosion control shall be installed and inspected prior to
initiation of site grading activities.
Retaining Walls
The applicant is proposing three retaining walls within the subdivision which appear to
accommodate potential walkout designs for the custom graded lots along with the private
stormwater BMP grading. No information was provided regarding the proposed retaining walls
other than the call-out on the site plan indicating “proposed retaining wall by others”. At a
minimum, the plans must indicate the top and bottom elevations of the walls in accordance with
Section 18-40(d) and a note indicating they are to be privately owned and maintained upon
submittal of final plat and final construction plans. The height of any retaining wall is measured
from the top of the wall to the bottom of the footing (not to the top of grade). Walls over 4 feet in
height shall be constructed in accordance with plans prepared by a registered engineer and shall
be constructed of a durable material (smooth face concrete, masonry/mortared, railroad ties and
timber are prohibited).
Two of the proposed retaining walls are preliminarily located within public drainage and utility
easements (DUE), however as the site is being proposed to be custom graded it is reasonable to
require that retaining walls should be relocated outside of the DUE to maintain the intent and
purpose of the public easement.
STORMWATER MANAGEMENT
Article VII, Chapter 19 of City Code describes the required stormwater management
development standards. Section 19-141 states that “these development standards shall be
reflected in plans prepared by developers and/or project proposers in the design and layout of site
plans, subdivisions and water management features.” These standards include water quality
treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total
phosphorous (TP), and runoff rate control for the 2-, 10-, and 100-year storm events. The
proposed development is located within the RPBCWD and is therefore subject to the
Watershed’s rules and regulations. A Stormwater Management Report dated March 18, 2021 was
submitted by the applicant to the City and Watershed District as part of the preliminary plat
review. A conditional approval letter from the RPBCWD is required before the City considers
approval of the final plat.
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The water quality rules appear to be met with the use of two on-site filtration basins. P8
modeling indicates 90% of TSS and 60% of TP is removed from the site. Water quality modeling
will need to be updated as the plans progress towards final design. The applicant shall resubmit
updated models in their native form prior to recording the final plat to confirm the City’s water
quality rule is met.
The Stormwater Management Report and supporting Hydrologic and Hydraulic HydroCAD
models were reviewed and found to be deficient for discharge rate analysis. Stormwater runoff
leaves the project area in the proposed condition at three discharge locations, 1) North filtration
basin, 2) Central area (primarily sheet flow), and 3) South filtration basin. The existing model
needs to be updated to reflect how stormwater leaves the site through these three discharge
points to effectively compare rate changes from the existing and proposed conditions. Additional
survey/Lidar data is required to fully understand the existing drainage patterns. A more detailed
analysis is required as stormwater leaving the site drains directly to private property where it has
the potential to cause damage to downstream residents. The applicant shall update hydrologic
and hydraulic models based on comments from City staff and provide satisfactory models and
rate analysis prior to recording the final plat.
Riley Purgatory Bluff Creek Watershed District rules require 1.1 inches of stormwater
abstraction for all impervious area (new and existing) for the entire project area when over 50%
of the project area is being disturbed. The proposed condition has an impervious area of 0.35
acres requiring 1398 CF of abstraction. The Stormwater Management Report indicates that the
project is accounting for 420 CF of abstraction volume, approximately 30% of the regulated
volume. The stormwater report stated that the site is restricted because of the clay soils onsite
and associated poor infiltration rates. Infiltration tests will likely be required by the Watershed
District to prove the site is restricted. Furthermore, Watershed rules state that abstraction must be
provided to the “maximum extent practicable”. There appears to be sufficient room for the
applicant to enlarge or reconfigure BMPs onsite to meet Watershed rules and therefore it is likely
that the applicant will need to revise the design to increase the site’s abstraction volume. Because
these changes could be significant, and may require additional coordination with the Watershed
District, it is recommended that the applicant receive conditional approval from the RPBCWD
before the final plat submittal to the City.
The filtration basin BMPs located on the two lots are to be privately owned and therefore will
require an Operations and Maintenance (O&M) Agreement and associated plan. The plan
identifies the maintenance schedule, responsible party, and should include information on how
the system will be cleaned out. The applicant must provide a signed O&M Agreement prior to
the initiation of construction activities onsite.
STORMWATER UTILITY CONNECTION CHARGES
City Ordinance sets out the fees associated with surface water management. A water quality and
water quantity fee are collected with a subdivision. These fees are based on land use type and are
intended to reflect the fact that the more intense the development type, the greater the
degradation of surface water.
This fee will be applied to the new lots of record being created. It is assessed at the rate in effect
at that time; the 2022 rate for low-density residential is $8,830.00 per acre of developable land.
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ASSESSMENTS
Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be
assessed at the rate in effect at that time; 2022 rates for partial hookup fees are $691.00 per unit
for sanitary sewer and $2,562.00 per unit for water. The remaining partial hookups fees are due
with the building permit.
Fees
Based on the proposal the following fees would be collected with the development contract:
a) Administration Fee: If the improvement costs are between $500,000 and $1,000,000, 2%
of the improvement costs. If the improvement costs exceed $1,000,000, 2.5% of the first
$1,000,000 plus 1.5% of the remainder.
b) Surface Water Management Fee: $8,830.00/acre of developable land
c) A portion of the water hookup charge: $691/unit
d) A portion of the sanitary sewer hookup charge: $2,562/unit
e) Park Dedication Fee: $5,800.00/unit
f) GIS Fees: $100 for the plat plus $30 per parcel
g) Street light operating fee for one year: $300 per light
h) Area sewer fee for future trunk lift station and force main: Amount to be determined
RIGHT-OF-WAY, STREETS
The proposed subdivision abuts Pleasant View Road to the north. Access to Lots 1 and 2, Block
1 of the proposed subdivision, along with the existing lot to the south, are proposed to be had
from Pleasant View Road via a private street. Public Works/Engineering does not find it
appropriate to construct a public street as one is not required to serve other parcels, improve
access, nor is a street extension in this area called for in the Comprehensive Plan. Furthermore,
in conformance with the Comprehensive Plan, no additional access should be had off Pleasant
View Road for the newly created lots as it is designated as a collector street.
The proposed private street has been designed to include an acceptable alternative to a
hammerhead in order to meet Fire Code and City Ordinance regarding dead-end fire apparatus
access road turnarounds. Upon submittal of the final plat and final construction plans, the private
street will be required to use traffic control that is consistent with the current version of the
Minnesota Manual on Uniform Traffic Control Devices, along with meeting the criteria listed out
in Sec. 18-57.n, o., and p. Sec. 18-57.p.2 includes the requirement that covenants concerning
maintenance and snow plowing operations shall be filed against all benefit properties, which will
include the property to the south not a part of the proposed subdivision.
Private Street
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The private street shall be built to a seven-ton
design, paved to a width of 20 feet, utilize a
maximum grade of ten percent, and provide a
turnaround area acceptable to the fire marshal
based upon guidelines provided by applicable fire
codes and ordinances. Staff recommends that a
Homeowners Association be formed and the
declarations address the maintenance
responsibilities and associated costs of repairs for
the private street. Regardless, an access and
maintenance agreement shall be recorded for the
private street. The applicant shall submit a street
name for the private street for City review and
approval.
Private streets serving up to four lots may be
permitted in residential developments with a
density of less than four units per acre if the
criteria in variance Section 18-22 are met and
upon consideration of the following:
(1) The prevailing development pattern makes it
unfeasible or inappropriate to constrict a
public street. In making this determination,
the City may consider the location of existing
property lines and homes, local or geographic
conditions and the existence of wetlands.
(2) After reviewing the surrounding area, it is
concluded that an extension of the public
street system is not required to serve other
parcels in the area, improve access, or to
provide a street system consistent with the Comprehensive Plan.
(3) The use of a private street will permit enhanced protection of the City's natural resources
including wetlands and forested areas.
The use of the private street meets the criteria specified in City Code since a public street is not
necessary to provide access to adjacent properties, would create an excessive amount of
hardcover with no public benefit, and would require even more environmental impacts through
additional grading.
SANITARY SEWER & WATER MAIN
The newly proposed subdivision will have access to adequate public sanitary sewer and water
facilities within Pleasant View Road right-of-way. The plans illustrate tapping two new service
lines for both sanitary and water which will be extended to Lot 1, Block 1 of the proposed
subdivision and to the existing lot to the south of the proposed subdivision which is not a part of
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the proposed development. Neither existing nor proposed sanitary sewer and water services are
shown for Lot 2, Block 1 of the subdivision. As such, plans must be updated accordingly to
address how Lot 2 will be serviced by municipal services. The plans provided are preliminary in
nature and must be updated to address staffs’ comments upon submittal of final plat and final
construction plans. Updates will include the location of taps within Pleasant View Road, the
extents of the construction limits and restoration requirements within Pleasant View Road, a
profile view of the extended public utility (i.e. a fire hydrant), material types of service laterals,
curb stop locations, etc. Comments will be provided to the applicant to address these concerns
and to bring plans into conformance with the most recent edition of the City’s Standard
Specifications and Detail Plates along with City Ordinances.
Easements
The preliminary plat provided illustrates mostly typical public drainage and utility easements
(DUE) along the proposed subdivision’s lot lines with five-foot DUE along the side and rear lot
lines and a 10-foot DUE along the front lot lines.
Additional DUE is being proposed to encompass the wetland located in the southern portion of
Lot 1, Block 1 which appears to partially encompass the wetland buffer area. Depending on the
final wetland buffer area, the final plat will be required to be updated so DUE encompass the
entire wetland buffer.
It appears a DUE is being proposed within the private street area that serves the subdivision,
which may not be necessary as no public utilities are being extended into the property. Upon
receipt of final construction plans with the final plat submittal, if no public utilities will extend
into the property, a DUE in this location will not be required.
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LANDSCAPING & TREE PRESERVATION
The applicant for the Cunningham 2nd Addition
development submitted tree canopy coverage and
preservation calculations.
Total upland area (excl wetlands, bluff): 3.36 ac or
146,361 sq ft
Baseline canopy coverage: 30% or 44,866 sq ft
Minimum canopy coverage required: 30% or 43,908
sq ft
Proposed tree preservation: 30% or 44,169 sq ft
The developer meets minimum canopy coverage for tree
preservation on the site.
The developer is proposing to remove one tree on the
site. Any additional removal will be subject to a 2:1
diameter inch replacement. All remaining trees shall be
protected with tree preservation fencing throughout the
entire construction process.
PARKS & RECREATION
The quality and number of recreational facilities in a community directly contributes to its quality of
life. For this reason, the City of Chanhassen places a strong emphasis on parks and open space. As
the City of Chanhassen has developed and increased in population, more pressure and attention has
been given to providing recreational opportunities for our residents. Increased leisure time, health
awareness, greater mobility, and high disposable incomes have all contributed to the increased
demand for recreational activities. The challenge of the next century will be to provide facilities for
a growing and diverse population.
Parks can be defined as public areas that provide active or passive-oriented recreational facilities. A
significant characteristic of parkland is its accessibility to its users. Open space is any parcel that is
not used for buildings or other structures and is left in a natural state. Parks and open space perform
diverse functions such as: meeting physical and psychological needs, enhancing and protecting the
resource base, enhancing real estate values, and providing a positive impact on economic
development.
Parks
The goal of neighborhood parks is to provide informal recreational opportunities close to where
people live. Chanhassen operates under the standard that all residents should be within walking
distance, or a half mile, of a neighborhood park. The proposed development is located within ½
mile of Carver Beach Park.
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Trails
The City’s goal is to maintain a comprehensive and easily navigable trail and sidewalk system
that connects neighborhoods to park and recreation facilities, schools, community destinations
and other communities.
Park and Trail Conditions of Approval
The developer shall pay park and recreation fees for one new lot at the rate in effect at the time
of final plat approval. For 2022, the rate is $5,800.00 per dwelling unit.
MISCELLANEOUS
Building plans must provide sufficient information to verify that proposed building meets all
requirements of the Minnesota State Building Code; additional comments or requirements may
be required after plan review. A building permit must be obtained before beginning any
construction. Retaining walls (if present) more than four feet high must be designed by a
professional engineer and a building permit must be obtained prior to construction. If any soil
corrections are done on the property, a final grading plan and soil report must be submitted to the
Inspections Division before permits will be issued. Each lot must be provided with a separate
sewer and water service.
“T” fire apparatus turnaround will need to comply with City Code for correct dimensions. The
turnaround and road leading in will require No Parking Fire Lane signs.
PERMITS
At this time staff has determined that the developer must contact the following agencies for permits:
a) Minnesota Pollutions Control Agency for stormwater
b) RileyPurgatoryBluff Creek Watershed District
c) City of Chanhassen for building permits
COMPLIANCE TABLE
Area (sq. ft.)Width (ft.)Depth (ft.)
Hard Cover
% / sq. ft.Notes
Code 15,000 100#125 25 / 3,750 # For flag lots or lots accessed
via private street
Lot 1 77,405 145 332 25 / 17,882 Corner lot, front will be
private street. 1.78 ac. Lot
area less private street 5,879
sq. ft. = 71,526 sq. ft., 1.64 ac.
Lot 2 68,967 40*348 25 / 17,242 Front will be private street; *
setback measured at point lot
is 100 feet in width. 1.58 ac.
Total 146,372 3.36 acres
Setbacks: Front: 30 feet, Side: 10 feet, Rear: 30 feet, Wetland: 20-foot buffer, 30-foot wetland buffer setback
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VARIANCE
The property has sufficient frontage on Pleasant View Road that
they could meet the minimum width requirements for two lots.
However, staff directed the applicant to access via a private
street to minimize access to Pleasant View Road, a collector
roadway. The house on the adjacent property and the house that
was formerly on this parcel were accessed via a shared driveway
in the location of the private street.
The hardship is not a mere inconvenience by providing
reasonable access to three properties while reducing potential
impacts to the natural features on the site as well as additional
access points on Pleasant View Road.
The hardship is caused by the particular physical surroundings,
shape or topographical conditions of the land including trees; a
public street is not necessary to provide access to adjacent
properties through the development and the existing right-of-
way.
The condition or conditions upon which the request is based are unique and not generally
applicable to other properties because of the previously stated conditions of the property.
The granting of a variance will not be substantially detrimental to the public welfare and is in
accord with the purpose and intent of subdivision regulations, the zoning ordinance and
Comprehensive Plan since it will reduce potentially significant impacts on the site and within the
neighborhood.
RECOMMENDATION
Staff recommends approval of the two-lot subdivision with a variance for a private street and a
neck lot, plans prepared by Civil Site Group, dated March 18, 2022, subject to the following
conditions:
Building:
1. Building plans must provide sufficient information to verify that proposed building meets all
requirements of the Minnesota State Building Code; additional comments or requirements
may be required after plan review.
2. A building permit must be obtained before beginning any construction.
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. If any soil corrections are done on the property, a final grading plan and soil report must be
submitted to the Inspections Division before permits will be issued.
5. Each lot must be provided with a separate sewer and water service.
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Engineering:
1. The final plat shall illustrate drainage and utility easements encompassing the entire
wetland buffer area prior to considering approval of the final plat.
2. A recent and updated existing conditions survey must be provided with the final plat and
final construction plans that is in conformance with the requirements of Sec. 18-40.
3. Updated grading plans in accordance with Chapter 7 and Chapter 18 must be provided
with the final plat and final construction plans.
4. Updated grading plans shall indicate the top and bottom elevations of the proposed
retaining walls in accordance with Section 18-40(d) upon submittal of final plat and final
construction plans.
5. Retaining walls shall not be constructed within public drainage and utility easements and
shall be privately owned and maintained.
6. Upon submittal of the final plat and final construction plans the private street shall
illustrate the use of traffic control devices that are consistent with the current version of
the Minnesota Manual on Uniform Traffic Control Devices, along with meeting the
criteria listed out in Sec. 18-57.n, o., and p.
7. Covenants concerning maintenance and snowplowing operations for the private street
shall be filed against all benefitting properties, and must be recorded concurrently or prior
to the final plat.
8. Utility plans shall be updated to address Lot 2’s sanitary sewer and water services.
9. All plans shall be in conformance with the most recent edition of the City’s Standard
Specifications and Detail Plates along with City Ordinances.
10. All applicable development fees associated with the subdivision shall be paid prior to
recording of the subdivision.
11. Access to the development shall be limited to the private street with no direct lot access
to Pleasant View Road.
Environmental Resources:
1. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
2. Developer shall notify City for inspection of tree fencing prior to starting any grading.
3. Any trees removed that were designated for preservation on the Tree Canopy Plan dated 12-
8-21 shall be replaced on site at a rate of 2:1 diameter inches.
Fire:
1. The turnaround and road leading in will need to have No Parking Fire Lane signs.
2. Fire hydrant to service the new homes off the private road must be in a position that would
not block the entrance for other vehicles once the supply hose is connected.
Parks:
1. The developer shall pay park and recreation fees for one new lot at the rate in effect at the
time of final plat approval.
Planning:
1. An access and maintenance agreement shall be recorded for the private street.
2. The developer shall remove the construction debris from the drainage ravine in the southeast
portion of Lot 2, Block 1, Cunningham 2
nd Addition.
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Water Resources:
1. The applicant shall provide a copy of conditional approval from the RPBCWD before the
final plat submittal.
2. The applicant must update the Hydrologic and Hydraulic models per City and Watershed
District comments and submit updated computations and models in their native forms
with the final plat and final construction plans.
3. The applicant must demonstrate that the proposed project will not adversely impact
downstream properties. Justification in the narrative and additional computations as
needed must be provided with the final plat and final construction plans.
4. The applicant shall update P8 water quality modeling and resubmit the models in their
native form to confirm the City’s water quality rule is met with the final plat and final
construction plans.
5. The applicant shall enter into an Operations and Maintenance Agreement for any
proposed privately owned stormwater facilities which shall be recorded concurrently with
the final plat.
And adoption of the Findings of Fact and Recommendation.
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Development Review Application
3. Development Plans
4. Public Hearing Notice and Mailing List
g:\plan\2022 planning cases\22-02 855 pleasant view rd sub and var\staff report cunningham 2nd.docx
64
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Mary and Michael Meuwissen for Subdivision approval to create two lots with
variances for the use of a private street and a neck lot.
On April 19, 2022, the Chanhassen Planning Commission met at its regularly scheduled meeting to
consider the application of Mary and Michael Meuwissen for subdivision approval to create two lots
with variances for the use of a private street and a neck lot. 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:
All of Lots 2 and 3, Block 1, Pat Cunningham, Carver County, Minnesota, except that part
thereof described as follows:
Beginning at the Southwest corner of said Lot 2; thence South 85 degrees 52 minutes 48 seconds
East (assuming bearing) along the South line of said Lot 2 a distance of 221.21 feet; thence
North 17 degrees 23 minutes 30 seconds West a distance of 367.98 feet; thence North 41 degrees
42 minutes 48 seconds West 110.64 feet; thence North 89 degrees 02 minutes 11 seconds West
30.00 feet to the West line of said Lot 3; thence South 00 degrees 57 minutes 49 seconds West
long said West line 418.42 feet to the point of beginning.
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:
a. The proposed subdivision is consistent with the zoning ordinance including the Single-
Family Residential district regulations;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the City's Comprehensive Plan and implements the following
policies and goals: is consistent with the land use goal for low density development,
preserves site features, provides adequate infrastructure for the development;
65
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater
drainage are suitable for the proposed development;
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by the
subdivision ordinance, Chapter 18, and Water, Sewers and Sewage Disposal, Chapter 19;
e. The proposed subdivision will not cause environmental damage and reduces the potential
amount of surface water runoff by reducing excess paving;
f. The proposed subdivision will not conflict with easements of record but will provide all
required and necessary easements; and
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate stormwater drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or support systems.
5.The planning report #2022-02 dated April 19, 2022, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Preliminary Plat
subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 19th day of April, 2022.
CHANHASSEN PLANNING COMMISSION
BY:
Mark von Oven, Chairman
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CUNNINGHAM 2ND ADDITION
855 PLEASANT VIEW ROAD
CHANHASSEN, MN 55317
350 HWY 7, SUITE 218
EXCELSIOR, MN 55331
ADOR BESPOKE HOMES
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NISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:22085............3/18/2022CITY SUBMITTALDRAWN BY:REVIEWED BY:MSMP..............COPYRIGHT CIVIL SITE GROUP INC.c202244263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.03/18/22Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060REVISION SUMMARYDATEDESCRIPTIONC0.0TITLE SHEET............CUNNINGHAM 2ND ADDITIONCHANHASSEN, MINNESOTASHEET INDEXSHEET NUMBERSHEET TITLEC0.0TITLE SHEETSITE LOCATIONSITE LOCATION MAPNSITE SURVEYV1.0UTILITY PLANC4.0ISSUED FOR: CITY SUBMITTALDEVELOPER / PROPERTY OWNER:ENGINEER / LANDSCAPE ARCHITECT:CIVIL SITE GROUP5000 GLENWOOD AVEGOLDEN VALLEY, MN 55422CONTACT: MATT PAVEK612-615-0060SURVEYOR:GEOTECHNICAL ENGINEER:SWPPP - EXISTING CONDITIONSSW1.0GRADING PLANC3.0C5.0C5.1CIVIL DETAILSSWPPP - PROPOSED CONDITIONSSW1.1SWPPP - DETAILSSW1.2C2.0SITE PLANSWPPP - NARRATIVESW1.3CIVIL DETAILSC5.2CIVIL DETAILSKnow what'sbelow.before you dig.CallRSWPPP - ATTACHMENTSSW1.4SWPPP - ATTACHMENTSSW1.5HAUGO GEOTECHNICAL SERVICES2825 CEDAR AVENUE SOUTHMINNEAPOLIS, MN 55407CONTACT: PAUL GIONFRIDDO, P.E.PGIONFRIDDO@HAUGOGTS.COM612-271-8185ACRE LAND SURVEYING, INC.9140 BALTIMORE ST NE, STE 100BLAINE, MN 55449CONTACT: ERIC R. VICKARYOUS763-458-2997ADOR BESPOKE HOMES350 HWY 7, SUITE 218EXCELSIOR, MN 55331CONTACT: TODD M. SIMNINGTODD@ADOR-HOMES.COM952-361-083267
10' STRUCTURESETBACK (TYP.)30' STRUCTURESETBACK (TYP.)LOT LINE (TYP.)EXISTINGPROPERTY LINE(TYP.)10' STRUCTURESETBACK (TYP.)10' STRUCTURESETBACK (TYP.)10' STRUCTURESETBACK (TYP.)10' STRUCTURESETBACK (TYP.)30' STRUCTURESETBACK (TYP.)LOT 1LOT 2BIT. PVMT.,TYP20.0'20.0'R28.0'20.0'FUTUREBUILDING (TYP.)FUTUREBUILDING (TYP.)FUTURE DRIVE(TYP.)FUTURE DRIVE(TYP.)CONSTRUCTIONLIMITSCONSTRUCTIONLIMITSABOVE GROUNDFILTRATION BASIN 2BOT=981.00100 YR HWL=983.00EOF=984.00DT ID=978.50IE STONE=977.90SEE DETAIL 1 C5.1ABOVE GROUNDFILTRATION BASIN 1BOT=991.50100 YR HWL=993.74EOF=994.00DT ID=989.00IE STONE=988.40SEE DETAIL 1 C5.1EXISTING TREES TOREMAIN, PROVIDETREE PROTECTIONFENCING, TYP.30' SETBACK30' SETBACK10' SETBACK10' SETBACKPROTECT EXISTINGBUILDING FOOTINGAND FOUNDATIONFROM DAMAGEEXISTING TREES TOREMAIN, PROVIDETREE PROTECTIONFENCING, TYP.PROPOSEDRETAINING WALL BYOTHERSPROPOSEDRETAINING WALL BYOTHERSPROPOSEDRETAINING WALL BYOTHERSWETLAND 1TYPE 5 (PUBF)RPBCWD MEDIUM -VALUE WETLANDEX./PROP NWL=988PERMANENT,FREE-STANDINGWETLAND BUFFERMARKERSEE DETAIL 2 C5.1PROPOSED CREATEDWETLAND BUFFER50.4'
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)49.7'PERMANENT,FREE-STANDINGWETLAND BUFFERMARKERSEE DETAIL 2 C5.1MEDIUM VALUE WETLANDREQUIRED BUFFER WIDTH = 40'40' BUFFER AREA = 11,255 SQFTMINIMUM BUFFER WIDTH = 20'TYPICAL BUFFER WIDTH = 50'MINIMUM BUFFER WIDTH = 20'BUFFER AREA PROVIDED = 11,275 SQFTCUNNINGHAM 2ND ADDITION
855 PLEASANT VIEW ROAD
CHANHASSEN, MN 55317
350 HWY 7, SUITE 218
EXCELSIOR, MN 55331
ADOR BESPOKE HOMES
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NISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:22085............3/18/2022CITY SUBMITTALDRAWN BY:REVIEWED BY:MSMP..............COPYRIGHT CIVIL SITE GROUP INC.c202244263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.03/18/22Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060REVISION SUMMARYDATEDESCRIPTIONC2.0SITE PLAN............SITE AREA TABLE:SITE LAYOUT NOTES:SITE PLAN LEGEND:01" = 30'-0"30'-0"15'-0"NKnow what'sbelow.before you dig.CallRLIGHT DUTY BITUMINOUS PAVEMENT (IF APPLICABLE).SEE GEOTECHNICAL REPORT FOR AGGREGATE BASE& WEAR COURSE DEPTH, SEE DEATIL.1.ALL EXISTING UTILITY LOCATIONS SHOWN ARE APPROXIMATE. CONTACT "GOPHER STATE ONE CALL"(651-454-0002 OR 800-252-1166) FOR UTILITY LOCATIONS, 48 HOURS PRIOR TO CONSTRUCTION. THECONTRACTOR SHALL REPAIR OR REPLACE ANY UTILITIES THAT ARE DAMAGED DURING CONSTRUCTION AT NOCOST TO THE OWNER.2.CONTRACTOR SHALL VERIFY LOCATIONS AND LAYOUT OF ALL SITE ELEMENTS PRIOR TO BEGINNINGCONSTRUCTION, INCLUDING BUT NOT LIMITED TO, LOCATIONS OF EXISTING AND PROPOSED PROPERTY LINES,EASEMENTS, SETBACKS, UTILITIES, BUILDINGS AND PAVEMENTS. CONTRACTOR IS RESPONSIBLE FOR FINALLOCATIONS OF ALL ELEMENTS FOR THE SITE. ANY REVISIONS REQUIRED AFTER COMMENCEMENT OFCONSTRUCTION, DUE TO LOCATIONAL ADJUSTMENTS SHALL BE CORRECTED AT NO ADDITIONAL COST TOOWNER. ADJUSTMENTS TO THE LAYOUT SHALL BE APPROVED BY THE ENGINEER/LANDSCAPE ARCHITECT PRIORTO INSTALLATION OF MATERIALS. STAKE LAYOUT FOR APPROVAL.3.THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION, INCLUDING ARIGHT-OF-WAY AND STREET OPENING PERMIT.4.THE CONTRACTOR SHALL VERIFY RECOMMENDATIONS NOTED IN THE GEO TECHNICAL REPORT PRIOR TOINSTALLATION OF SITE IMPROVEMENT MATERIALS.5.CONTRACTOR SHALL FIELD VERIFY COORDINATES AND LOCATION DIMENSIONS & ELEVATIONS OF THE BUILDINGAND STAKE FOR REVIEW AND APPROVAL BY THE OWNERS REPRESENTATIVE PRIOR TO INSTALLATION OFFOOTING MATERIALS.6.LOCATIONS OF STRUCTURES, ROADWAY PAVEMENTS, CURBS AND GUTTERS, BOLLARDS, AND WALKS AREAPPROXIMATE AND SHALL BE STAKED IN THE FIELD, PRIOR TO INSTALLATION, FOR REVIEW AND APPROVAL BYTHE ENGINEER/LANDSCAPE ARCHITECT.7.CURB DIMENSIONS SHOWN ARE TO FACE OF CURB. BUILDING DIMENSIONS ARE TO FACE OF CONCRETEFOUNDATION. LOCATION OF BUILDING IS TO BUILDING FOUNDATION AND SHALL BE AS SHOWN ON THEDRAWINGS.8.THE CONTRACTOR SHALL SUBMIT SHOP DRAWINGS OR SAMPLES AS SPECIFIED FOR REVIEW AND APPROVAL BYTHE ENGINEER/LANDSCAPE ARCHITECT PRIOR TO FABRICATION FOR ALL PREFABRICATED SITE IMPROVEMENTMATERIALS SUCH AS, BUT NOT LIMITED TO THE FOLLOWING, FURNISHINGS, PAVEMENTS, WALLS, RAILINGS,BENCHES, FLAGPOLES, LANDING PADS FOR CURB RAMPS, AND LIGHT AND POLES. THE OWNER RESERVES THERIGHT TO REJECT INSTALLED MATERIALS NOT PREVIOUSLY APPROVED.9.PEDESTRIAN CURB RAMPS SHALL BE CONSTRUCTED WITH TRUNCATED DOME LANDING AREAS IN ACCORDANCEWITH A.D.A. REQUIREMENTS-SEE DETAIL.10.CROSSWALK STRIPING SHALL BE 24" WIDE WHITE PAINTED LINE, SPACED 48" ON CENTER PERPENDICULAR TOTHE FLOW OF TRAFFIC. WIDTH OF CROSSWALK SHALL BE 5' WIDE. ALL OTHER PAVEMENT MARKINGS SHALL BEWHITE IN COLOR UNLESS OTHERWISE NOTED OR REQUIRED BY ADA OR LOCAL GOVERNING BODIES.11.SEE SITE PLAN FOR CURB AND GUTTER TYPE. TAPER BETWEEN CURB TYPES-SEE DETAIL.12.ALL CURB RADII ARE MINIMUM 3' UNLESS OTHERWISE NOTED.13.CONTRACTOR SHALL REFER TO FINAL PLAT FOR LOT BOUNDARIES, NUMBERS, AREAS AND DIMENSIONS PRIORTO SITE IMPROVEMENTS.14.FIELD VERIFY ALL EXISTING SITE CONDITIONS, DIMENSIONS.15.PARKING IS TO BE SET PARALLEL OR PERPENDICULAR TO EXISTING BUILDING UNLESS NOTED OTHERWISE.16.ALL PARKING LOT PAINT STRIPPING TO BE WHITE, 4" WIDE TYP.17.BITUMINOUS PAVING TO BE "LIGHT DUTY" UNLESS OTHERWISE NOTED. SEE DETAIL SHEETS FOR PAVEMENTSECTIONS.18.ALL TREES THAT ARE TO REMAIN ARE TO BE PROTECTED FROM DAMAGE WITH A CONSTRUCTION FENCE AT THEDRIP LINE. SEE LANDSCAPE DOCUMENTS.CITY OF CHANHASSEN SITE SPECIFIC NOTES:1.RESERVED FOR CITY SPECIFIC NOTES.RPBCWD SITE SPECIFIC NOTES:1.NATURAL TOPOGRAPHY AND SOIL CONDITIONS MUST BE PROTECTED,INCLUDING RETENTION ONSITE OF NATIVE TOPSOIL TO THE GREATESTEXTENT POSSIBLE.2.SOIL SURFACES COMPACTED DURING CONSTRUCTION AND REMAININGPERVIOUS UPON COMPLETION OF CONSTRUCTION MUST BEDECOMPACTED TO ACHIEVE:2.1.A SOIL COMPACTION TESTING PRESSURE OF LESS THAN 1,400KILOPASCALS OR 200 POUNDS PER SQUARE INCH IN THE UPPER 12INCHES OF SOIL OR2.2.a BULK DENSITY OF LESS THAN 1.4 RAMS PER CUBIC CENTIMETER OR976 POUNDS PER CUBIC FOOT IN THE UPPER 12 INCHES OF SOIL.3.IN ADDITION, UTILITIES, TREE ROOTS AND OTHER EXISTING VEGETATIONMUST BE PROTECTED UNTIL FINAL REVEGETATION OR OTHERSTABILIZATION OF THE SITE.4.INFILTRATION FACILITIES MUST NOT BE EXCAVATED TO WITHIN 3 FEETFINAL GRADE UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEENCONSTRUCTED AND FULLY STABILIZED. ANY ACCUMULATED SEDIMENT INAN INFILTRATION FACILITY MUST BE REMOVED IN MANNER THATPREVENTS COMPACTION OF THE FACILITY BOTTOM. TO PROVIDE AWELL-AERATED, HIGHLY POROUS SURFACE, THE SOILS BELOW ANINFILTRATION PRACTICE MUST BE LOOSENED TO A MINIMUM DEPTH OF 18INCHES PRIOR TO INSTALLATION OR PLANTING.5.TOPSOIL TO BE INSTALLED AS PART OF THE SITE RESTORATION MUSTCONTAIN AT LEAST 5 PERCENT ORGANIC CONTENT CONSISTENT WITH THEDISTRICT'S TOPSOIL DEFINITION. .6.All EROSION AND SEDIMENT CONTROL FACILITIES AND SOIL STABILIZATIONMEASURES MUST BE INSPECTED TO ENSURE INTEGRITY ANDEFFECTIVENESS. ALL NONFUNCTIONAL BMPS MUST BE REPAIRED,REPLACED OR SUPPLEMENTED WITHIN 48 HOURS OF DISCOVERY ANDPRIOR TO THE NEXT PRECIPITATION EVENT UNLESS ADVERSECONDITIONS PRECLUDE ACCESS TO THE RELEVANT AREA OF THE SITE, INWHICH CASE THE REPAIR MUST BE COMPLETED AS SOON AS CONDITIONSALLOW. WHEN ACTIVE LAND-DISTURBING ACTIVITIES ARE NOT UNDERWAY, THESE RESPONSIBILITIES MUST BE PERFORMED AT LEAST WEEKLYUNTIL VEGETATIVE COVER IS ESTABLISHED. A LOG OF ACTIVITIES UNDERTHIS SECTION FOR INSPECTION BY THE DISTRICT ON REQUEST MUST BEMAINTAINED.CITY OF CHANHASSEN REMOVAL NOTES:1.DURING THE COURSE OF GRADING AND/OR CONSTRUCTION IF ANY DRAIN TILEIS DISCOVERED, THE DEVELOPER SHALL NOTIFY THE CITY ENGINEER ANDSHALL RELOCATE OR ABANDON THE DRAIN TILE AS DIRECTED.68
LOT 1LOT 2CONSTRUCTIONLIMITSCONSTRUCTIONLIMITSABOVE GROUNDFILTRATION BASIN 2BOT=981.00100 YR HWL=983.00EOF=984.00DT ID=978.50IE STONE=977.90SEE DETAIL 1 C5.1ABOVE GROUNDFILTRATION BASIN 1BOT=991.50100 YR HWL=993.74EOF=994.00DT ID=989.00IE STONE=988.40SEE DETAIL 1 C5.1WETLAND 1TYPE 5 (PUBF)RPBCWD MEDIUM -VALUE WETLANDEX./PROP NWL=988CUNNINGHAM 2ND ADDITION
855 PLEASANT VIEW ROAD
CHANHASSEN, MN 55317
350 HWY 7, SUITE 218
EXCELSIOR, MN 55331
ADOR BESPOKE HOMES
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NISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:22085............3/18/2022CITY SUBMITTALDRAWN BY:REVIEWED BY:MSMP..............COPYRIGHT CIVIL SITE GROUP INC.c202244263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.03/18/22Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060REVISION SUMMARYDATEDESCRIPTIONC3.0GRADING PLAN............GENERAL GRADING NOTES:1.0' CONTOUR ELEVATION INTERVALGRADING PLAN LEGEND:SPOT GRADE ELEVATION GUTTERSPOT GRADE ELEVATION TOP OF CURBSPOT GRADE ELEVATION BOTTOM OF STAIRS/TOP OF STAIRSGROUNDWATER INFORMATION:CITY OF CHANHASSEN GRADING NOTES:1.RESERVED FOR CITY SPECIFIC GRADING NOTES.SEE SWPPP ON SHEETS SW1.0 - SW1.5EROSION CONTROL NOTES:01" = 30'-0"30'-0"15'-0"NKnow what'sbelow.before you dig.CallREX. 1' CONTOUR ELEVATION INTERVALSPOT GRADE ELEVATION (GUTTER/FLOW LINEUNLESS OTHERWISE NOTED)EMERGENCY OVERFLOWEOF=1135.52PER GEOTECHNICAL REPORT BY HAUGO GEOTECHNICAL SERVICES, DATED 01-13-22NO GROUNDWATER WAS OBSERVED AT ANY SOIL BORINGSSPOT GRADE ELEVATION MATCH EXISTING1.CONTRACTOR SHALL VERIFY ALL BUILDING ELEVATIONS, (FFE, LFE, GFE), PRIOR TO CONSTRUCTION BY CROSS CHECKING WITHARCHITECTURAL, STRUCTURAL AND CIVIL ELEVATIONS FOR EQUIVALENT "100" ELEVATIONS. THIS MUST BE DONE PRIOR TOEXCAVATION AND INSTALLATION OF ANY FOOTING MATERIALS. VERIFICATION OF THIS COORDINATION SHALL BE CONFIRMED INWRITING BY CIVIL, SURVEYOR, ARCHITECTURAL, STRUCTURAL AND CONTRACTOR PRIOR TO CONSTRUCTION.2.ALL EXISTING UTILITY LOCATIONS SHOWN ARE APPROXIMATE. CONTACT "GOPHER STATE ONE CALL" (651-454-0002 OR 800-252-1166) FORUTILITY LOCATIONS, 48 HOURS PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL REPAIR OR REPLACE ANY UTILITIES THAT AREDAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.3.SEE SITE PLAN FOR HORIZONTAL LAYOUT & GENERAL GRADING NOTES.4.THE CONTRACTOR SHALL COMPLETE THE SITE GRADING CONSTRUCTION (INCLUDING BUT NOT LIMITED TO SITE PREPARATION, SOILCORRECTION, EXCAVATION, EMBANKMENT, ETC.) IN ACCORDANCE WITH THE REQUIREMENTS OF THE OWNER'S SOILS ENGINEER. ALLSOIL TESTING SHALL BE COMPLETED BY THE OWNER'S SOILS ENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE FORCOORDINATING ALL REQUIRED SOIL TESTS AND INSPECTIONS WITH THE SOILS ENGINEER.5.ANY ELEMENTS OF AN EARTH RETENTION SYSTEM AND RELATED EXCAVATIONS THAT FALL WITHIN THE PUBLIC RIGHT OF WAY WILLREQUIRE A “RIGHT OF WAY EXCAVATION PERMIT”. CONTRACTOR IS RESPONSIBLE FOR AQUIRING THIS PERMIT PRIOR TO CONSTRUCTIONIF APPLICABLE6.ALL EXISTING UTILITY LOCATIONS SHOWN ARE APPROXIMATE. CONTACT "GOPHER STATE ONE CALL" (651-454-0002 OR 800-252-1166) FORUTILITY LOCATIONS, 48 HOURS PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL REPAIR OR REPLACE ANY UTILITIES THAT AREDAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.3.GRADING AND EXCAVATION ACTIVITIES SHALL BE PERFORMED IN ACCORDANCE WITH THE NATIONAL POLLUTION DISCHARGEELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS & PERMIT REQUIREMENTS OF THE CITY.4.PROPOSED SPOT GRADES ARE FLOW-LINE FINISHED GRADE ELEVATIONS, UNLESS OTHERWISE NOTED.5.GRADES OF WALKS SHALL BE INSTALLED WITH 5% MAX. LONGITUDINAL SLOPE AND 1% MIN. AND 2% MAX. CROSS SLOPE, UNLESSOTHERWISE NOTED.6.PROPOSED SLOPES SHALL NOT EXCEED 3:1 UNLESS INDICATED OTHERWISE ON THE DRAWINGS. MAXIMUM SLOPES IN MAINTAINEDAREAS IS 4:17.PROPOSED RETAINING WALLS, FREESTANDING WALLS, OR COMBINATION OF WALL TYPES GREATER THAN 4' IN HEIGHT SHALL BEDESIGNED AND ENGINEERED BY A REGISTERED RETAINING WALL ENGINEER. DESIGN DRAWINGS SHALL BE SUBMITTED FOR REVIEW ANDAPPROVAL PRIOR TO CONSTRUCTION.8.THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTENANCE OF GRADE STAKES THROUGHOUT THE DURATION OF CONSTRUCTION TOESTABLISH PROPER GRADES. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR A FINAL FIELD CHECK OF FINISHED GRADESACCEPTABLE TO THE ENGINEER/LANDSCAPE ARCHITECT PRIOR TO TOPSOIL AND SODDING ACTIVITIES.9.IF EXCESS OR SHORTAGE OF SOIL MATERIAL EXISTS, THE CONTRACTOR SHALL TRANSPORT ALL EXCESS SOIL MATERIAL OFF THE SITETO AN AREA SELECTED BY THE CONTRACTOR, OR IMPORT SUITABLE MATERIAL TO THE SITE.10.EXCAVATE TOPSOIL FROM AREAS TO BE FURTHER EXCAVATED OR REGRADED AND STOCKPILE IN AREAS DESIGNATED ON THE SITE. THECONTRACTOR SHALL SALVAGE ENOUGH TOPSOIL FOR RESPREADING ON THE SITE AS SPECIFIED. EXCESS TOPSOIL SHALL BE PLACED INEMBANKMENT AREAS, OUTSIDE OF BUILDING PADS, ROADWAYS AND PARKING AREAS. THE CONTRACTOR SHALL SUBCUT CUT AREAS,WHERE TURF IS TO BE ESTABLISHED, TO A DEPTH OF 6 INCHES. RESPREAD TOPSOIL IN AREAS WHERE TURF IS TO BE ESTABLISHED TO AMINIMUM DEPTH OF 6 INCHES.11.FINISHED GRADING SHALL BE COMPLETED. THE CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN LIMITS OF GRADING, INCLUDINGADJACENT TRANSITION AREAS. PROVIDE A SMOOTH FINISHED SURFACE WITHIN SPECIFIED TOLERANCES, WITH UNIFORM LEVELS ORSLOPES BETWEEN POINTS WHERE ELEVATIONS ARE SHOWN, OR BETWEEN SUCH POINTS AND EXISTING GRADES. AREAS THAT HAVEBEEN FINISH GRADED SHALL BE PROTECTED FROM SUBSEQUENT CONSTRUCTION OPERATIONS, TRAFFIC AND EROSION. REPAIR ALLAREAS THAT HAVE BECOME RUTTED BY TRAFFIC OR ERODED BY WATER OR HAS SETTLED BELOW THE CORRECT GRADE. ALL AREASDISTURBED BY THE CONTRACTOR'S OPERATIONS SHALL BE RESTORED TO EQUAL OR BETTER THAN ORIGINAL CONDITION OR TO THEREQUIREMENTS OF THE NEW WORK.12.PRIOR TO PLACEMENT OF THE AGGREGATE BASE, A TEST ROLL WILL BE REQUIRED ON THE STREET AND/OR PARKING AREA SUBGRADE.THE CONTRACTOR SHALL PROVIDE A LOADED TANDEM AXLE TRUCK WITH A GROSS WEIGHT OF 25 TONS. THE TEST ROLLING SHALL BEAT THE DIRECTION OF THE SOILS ENGINEER AND SHALL BE COMPLETED IN AREAS AS DIRECTED BY THE SOILS ENGINEER. THE SOILSENGINEER SHALL DETERMINE WHICH SECTIONS OF THE STREET OR PARKING AREA ARE UNSTABLE. CORRECTION OF THE SUBGRADESOILS SHALL BE COMPLETED IN ACCORDANCE WITH THE REQUIREMENTS OF THE SOILS ENGINEER. NO TEST ROLL SHALL OCCUR WITHIN10' OF ANY UNDERGROUND STORM RETENTION/DETENTION SYSTEMS.13. TOLERANCES13.1.THE BUILDING SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.30 FOOT ABOVE, OR 0.30 FOOT BELOW,THE PRESCRIBED ELEVATION AT ANY POINT WHERE MEASUREMENT IS MADE.13.2.THE STREET OR PARKING AREA SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.05 FOOT ABOVE, OR0.10 FOOT BELOW, THE PRESCRIBED ELEVATION OF ANY POINT WHERE MEASUREMENT IS MADE.13.3.AREAS WHICH ARE TO RECEIVE TOPSOIL SHALL BE GRADED TO WITHIN 0.30 FOOT ABOVE OR BELOW THE REQUIRED ELEVATION,UNLESS DIRECTED OTHERWISE BY THE ENGINEER.13.4.TOPSOIL SHALL BE GRADED TO PLUS OR MINUS 1/2 INCH OF THE SPECIFIED THICKNESS.14.MAINTENANCE14.1.THE CONTRACTOR SHALL PROTECT NEWLY GRADED AREAS FROM TRAFFIC AND EROSION, AND KEEP AREA FREE OF TRASH ANDDEBRIS.14.2.CONTRACTOR SHALL REPAIR AND REESTABLISH GRADES IN SETTLED, ERODED AND RUTTED AREAS TO SPECIFIED TOLERANCES.DURING THE CONSTRUCTION, IF REQUIRED, AND DURING THE WARRANTY PERIOD, ERODED AREAS WHERE TURF IS TO BEESTABLISHED SHALL BE RESEEDED AND MULCHED.14.3.WHERE COMPLETED COMPACTED AREAS ARE DISTURBED BY SUBSEQUENT CONSTRUCTION OPERATIONS OR ADVERSE WEATHER,CONTRACTOR SHALL SCARIFY, SURFACE, RESHAPE, AND COMPACT TO REQUIRED DENSITY PRIOR TO FURTHER CONSTRUCTION.NOTE:·LOTS ARE CUSTOM GRADED LOTS AND FINALGRADING PLANS WILL BE COMPLETED AT TIME OFLOT DEVELOPMENT AND FINALIZED HOUSE PLANS.RPBCWD SITE SPECIFIC NOTES:1.NATURAL TOPOGRAPHY AND SOIL CONDITIONS MUST BE PROTECTED,INCLUDING RETENTION ONSITE OF NATIVE TOPSOIL TO THE GREATESTEXTENT POSSIBLE.2.SOIL SURFACES COMPACTED DURING CONSTRUCTION AND REMAININGPERVIOUS UPON COMPLETION OF CONSTRUCTION MUST BEDECOMPACTED TO ACHIEVE:2.1.A SOIL COMPACTION TESTING PRESSURE OF LESS THAN 1,400KILOPASCALS OR 200 POUNDS PER SQUARE INCH IN THE UPPER 12INCHES OF SOIL OR2.2.a BULK DENSITY OF LESS THAN 1.4 RAMS PER CUBIC CENTIMETER OR976 POUNDS PER CUBIC FOOT IN THE UPPER 12 INCHES OF SOIL.3.IN ADDITION, UTILITIES, TREE ROOTS AND OTHER EXISTING VEGETATIONMUST BE PROTECTED UNTIL FINAL REVEGETATION OR OTHERSTABILIZATION OF THE SITE.4.INFILTRATION FACILITIES MUST NOT BE EXCAVATED TO WITHIN 3 FEETFINAL GRADE UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEENCONSTRUCTED AND FULLY STABILIZED. ANY ACCUMULATED SEDIMENT INAN INFILTRATION FACILITY MUST BE REMOVED IN MANNER THATPREVENTS COMPACTION OF THE FACILITY BOTTOM. TO PROVIDE AWELL-AERATED, HIGHLY POROUS SURFACE, THE SOILS BELOW ANINFILTRATION PRACTICE MUST BE LOOSENED TO A MINIMUM DEPTH OF 18INCHES PRIOR TO INSTALLATION OR PLANTING.5.TOPSOIL TO BE INSTALLED AS PART OF THE SITE RESTORATION MUSTCONTAIN AT LEAST 5 PERCENT ORGANIC CONTENT CONSISTENT WITH THEDISTRICT'S TOPSOIL DEFINITION. .6.All EROSION AND SEDIMENT CONTROL FACILITIES AND SOIL STABILIZATIONMEASURES MUST BE INSPECTED TO ENSURE INTEGRITY ANDEFFECTIVENESS. ALL NONFUNCTIONAL BMPS MUST BE REPAIRED,REPLACED OR SUPPLEMENTED WITHIN 48 HOURS OF DISCOVERY ANDPRIOR TO THE NEXT PRECIPITATION EVENT UNLESS ADVERSECONDITIONS PRECLUDE ACCESS TO THE RELEVANT AREA OF THE SITE, INWHICH CASE THE REPAIR MUST BE COMPLETED AS SOON AS CONDITIONSALLOW. WHEN ACTIVE LAND-DISTURBING ACTIVITIES ARE NOT UNDERWAY, THESE RESPONSIBILITIES MUST BE PERFORMED AT LEAST WEEKLYUNTIL VEGETATIVE COVER IS ESTABLISHED. A LOG OF ACTIVITIES UNDERTHIS SECTION FOR INSPECTION BY THE DISTRICT ON REQUEST MUST BEMAINTAINED.69
LOT 1LOT 2CONSTRUCTIONLIMITSCONSTRUCTIONLIMITSABOVE GROUNDFILTRATION BASIN 2BOT=981.00100 YR HWL=983.00EOF=984.00DT ID=978.50IE STONE=977.90SEE DETAIL 1 C5.1ABOVE GROUNDFILTRATION BASIN 1BOT=991.50100 YR HWL=993.74EOF=994.00DT ID=989.00IE STONE=988.40SEE DETAIL 1 C5.1WETLAND 1TYPE 5 (PUBF)RPBCWD MEDIUM -VALUE WETLANDEX./PROP NWL=988CLEANOUTTOP=1005.35INV=994.00CLEANOUTTOP=1008.53INV=995.50CLEANOUTTOP=101.11INV=996.00CLEANOUTTOP=1010.22INV=996.00CLEANOUTTOP=108.53INV=995.00CLEANOUTTOP=1005.41INV=993.501" WATERSERVICE1" WATERSERVICECONNECT TOEXIST. WATERMAINMAKE CONNECTION TOEXISTING SANITARY SEWERMAIN WITH CUT IN WYEEX IE (N/S)=TBD (FIELD VERIFY)PROP IE (E)=992.85 +/-PROP I3 (W)=992.38 +/-(7.0' RISER)COORDINATE WITH CITY182 LF 6" SDR-26SANITARY SERVICE@ 2.0%HYD & GV,TYP.158 LF 6" SDR-26SANITARY SERVICE@ 2.0%OL11RE=993.00IE X" OUTLET=989.00IE 6" DT=989.00FES 10WITH TRASH/ANIMALGUARDIE=988.0031 LF 12" HDPESTORM @ 3.23%6" PERFORATEDDRAIN TILE6" IE=989.006" PERFORATEDDRAIN TILE6" IE=978.5047 LF 12" HDPESTORM @ 2.44%FES 10WITH TRASH/ANIMALGUARDIE=977.00OL11RE=982.50IE 12" OUTLET=978.00IE 6" DT=978.00PROPOSED GATEVALVE AND VALVE BOXCUNNINGHAM 2ND ADDITION
855 PLEASANT VIEW ROAD
CHANHASSEN, MN 55317
350 HWY 7, SUITE 218
EXCELSIOR, MN 55331
ADOR BESPOKE HOMES
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THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER OF DISCREPANCIES OR VARIATIONS FROM THE PLANS.3. ALL EXISTING UTILITY LOCATIONS SHOWN ARE APPROXIMATE. CONTACT "GOPHER STATE ONE CALL" (651-454-0002 OR 800-252-1166) FORUTILITY LOCATIONS, 48 HOURS PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL REPAIR OR REPLACE ANY UTILITIES THAT AREDAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.4. UTILITY INSTALLATION SHALL CONFORM TO THE CURRENT EDITION OF "STANDARD SPECIFICATIONS FOR WATER MAIN AND SERVICE LINEINSTALLATION" AND "SANITARY SEWER AND STORM SEWER INSTALLATION" AS PREPARED BY THE CITY ENGINEERS ASSOCIATION OFMINNESOTA (CEAM), AND SHALL CONFORM WITH THE REQUIREMENTS OF THE CITY AND THE PROJECT SPECIFICATIONS.5. CASTINGS SHALL BE SALVAGED FROM STRUCTURE REMOVALS AND RE-USED OR PLACED AT THE DIRECTION OF THE OWNER.6. ALL WATER PIPE SHALL BE CLASS 52 DUCTILE IRON PIPE (DIP) AWWA C151, ASME B16.4, AWWA C110, AWWA C153 UNLESS OTHERWISE NOTED.7. ALL SANITARY SEWER SHALL BE SDR 26 POLYVINYL CHLORIDE (PVC) ASTM D3034 & F679, OR SCH 40 ASTM D1785, 2665, ASTM F794, 1866)UNLESS OTHERWISE NOTED.8. ALL STORM SEWER PIPE SHALL BE HDPE ASTM F714 & F2306 WITH ASTM D3212 SPEC FITTINGS UNLESS OTHERWISE NOTED.9. PIPE LENGTHS SHOWN ARE FROM CENTER TO CENTER OF STRUCTURE OR TO END OF FLARED END SECTION.10. UTILITIES ON THE PLAN ARE SHOWN TO WITHIN 5' OF THE BUILDING FOOTPRINT. THE CONTRACTOR IS ULTIMATELY RESPONSIBLE FOR THEFINAL CONNECTION TO BUILDING LINES. COORDINATE WITH ARCHITECTURAL AND MECHANICAL PLANS.11. CATCH BASINS AND MANHOLES IN PAVED AREAS SHALL BE SUMPED 0.04 FEET. ALL CATCH BASINS IN GUTTERS SHALL BE SUMPED 0.15FEET PER DETAILS. RIM ELEVATIONS SHOWN ON THIS PLAN DO NOT REFLECT SUMPED ELEVATIONS.12. ALL FIRE HYDRANTS SHALL BE LOCATED 5 FEET BEHIND BACK OF CURB UNLESS OTHERWISE NOTED.13. HYDRANT TYPE, VALVE, AND CONNECTION SHALL BE IN ACCORDANCE WITH CITY REQUIREMENTS. HYDRANT EXTENSIONS ARE INCIDENTAL.14. A MINIMUM OF 8 FEET OF COVER IS REQUIRED OVER ALL WATERMAIN, UNLESS OTHERWISE NOTED. EXTRA DEPTH MAY BE REQUIRED TOMAINTAIN A MINIMUM OF 18" VERTICAL SEPARATION TO SANITARY OR STORM SEWER LINES. EXTRA DEPTH WATERMAIN IS INCIDENTAL.15. A MINIMUM OF 18 INCHES OF VERTICAL SEPARATION AND 10 FEET OF HORIZONTAL SEPARATION IS REQUIRED FOR ALL UTILITIES, UNLESSOTHERWISE NOTED.16. ALL CONNECTIONS TO EXISTING UTILITIES SHALL BE IN ACCORDANCE WITH CITY STANDARDS AND COORDINATED WITH THE CITY PRIOR TOCONSTRUCTION.17.CONNECTIONS TO EXISTING STRUCTURES SHALL BE CORE-DRILLED.18. COORDINATE LOCATIONS AND SIZES OF SERVICE CONNECTIONS WITH THE MECHANICAL DRAWINGS.19. COORDINATE INSTALLATION AND SCHEDULING OF THE INSTALLATION OF UTILITIES WITH ADJACENT CONTRACTORS AND CITY STAFF.20. ALL STREET REPAIRS AND PATCHING SHALL BE PERFORMED PER THE REQUIREMENTS OF THE CITY. ALL PAVEMENT CONNECTIONS SHALLBE SAWCUT. ALL TRAFFIC CONTROLS SHALL BE PROVIDED BY THE CONTRACTOR AND SHALL BE ESTABLISHED PER THE REQUIREMENTS OFTHE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MMUTCD) AND THE CITY. THIS SHALL INCLUDE BUT NOT BE LIMITED TOSIGNAGE, BARRICADES, FLASHERS, AND FLAGGERS AS NEEDED. ALL PUBLIC STREETS SHALL BE OPEN TO TRAFFIC AT ALL TIMES. NO ROADCLOSURES SHALL BE PERMITTED WITHOUT APPROVAL BY THE CITY.21. ALL STRUCTURES, PUBLIC AND PRIVATE, SHALL BE ADJUSTED TO PROPOSED GRADES WHERE REQUIRED. THE REQUIREMENTS OF ALLOWNERS MUST BE COMPLIED WITH. STRUCTURES BEING RESET TO PAVED AREAS MUST MEET OWNERS REQUIREMENTS FOR TRAFFICLOADING.22. CONTRACTOR SHALL COORDINATE ALL WORK WITH PRIVATE UTILITY COMPANIES.23. CONTRACTOR SHALL COORDINATE CONNECTION OF IRRIGATION SERVICE TO UTILITIES. COORDINATE THE INSTALLATION OF IRRIGATIONSLEEVES NECESSARY AS TO NOT IMPACT INSTALLATION OF UTILITIES.24. CONTRACTOR SHALL MAINTAIN AS-BUILT PLANS THROUGHOUT CONSTRUCTION AND SUBMIT THESE PLANS TO ENGINEER UPONCOMPLETION OF WORK.25.ALL JOINTS AND CONNECTIONS IN STORM SEWER SYSTEM SHALL BE GASTIGHT OR WATERTIGHT. APPROVED RESILIENT RUBBER JOINTSMUST BE USED TO MAKE WATERTIGHT CONNECTIONS TO MANHOLES, CATCHBASINS, OR OTHER STRUCTURES.26.ALL PORTIONS OF THE STORM SEWER SYSTEM LOCATED WITHIN 10 FEET OF THE BUILDING OR WATER SERVICE LINE MUST BE TESTED INACCORDANCE WITH MN RULES, CHAPTER 4714, SECTION 1109.0.27.FOR ALL SITES LOCATED IN CLAY SOIL AREAS, DRAIN TILE MUST BE INSTALLED AT ALL LOW POINT CATCH BASINS 25' IN EACH DIRECTION.SEE PLAN AND DETAIL. INSTALL LOW POINT DRAIN TILE PER PLANS AND GEOTECHNICAL REPORT RECOMMENDATIONS AND REQUIREMENTS.CITY OF CHANHASSEN UTILITY NOTES:1.ALL CONNECTIONS TO EXISTING STORM SEWER SHALL BE GROUTED TO THENEW STRUCTURE SUCH THAT THERE ARE NO LEAKS.70
CUNNINGHAM 2ND ADDITION
855 PLEASANT VIEW ROAD
CHANHASSEN, MN 55317
350 HWY 7, SUITE 218
EXCELSIOR, MN 55331
ADOR BESPOKE HOMES
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CUNNINGHAM 2ND ADDITION
855 PLEASANT VIEW ROAD
CHANHASSEN, MN 55317
350 HWY 7, SUITE 218
EXCELSIOR, MN 55331
ADOR BESPOKE HOMES
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NISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:22085............3/18/2022CITY SUBMITTALDRAWN BY:REVIEWED BY:MSMP..............COPYRIGHT CIVIL SITE GROUP INC.c202244263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.03/18/22Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060REVISION SUMMARYDATEDESCRIPTIONC5.1CIVIL DETAILS............TYPICAL SECTION VIEW1.INSTALL SILT FENCE AND/OR OR OTHER APPROPRIATE TEMPORARY EROSION CONTROL DEVICES TOPREVENT SEDIMENT FROM LEAVING OR ENTERING THE PRACTICE DURING CONSTRUCTION.2.ALL DOWN-GRADIENT PERIMETER SEDIMENT CONTROL BMP'S MUST BE IN PLACE BEFORE ANY UP GRADIENTLAND DISTURBING ACTIVITY BEGINS.3.PERFORM CONTINUOUS INSPECTIONS OF EROSION CONTROL PRACTICES.4.INSTALL UTILITIES (WATER, SANITARY SEWER, ELECTRIC, PHONE, FIBER OPTIC, ETC) PRIOR TO SETTING FINALGRADE OF BIORETENTION DEVICE.5.ROUGH GRADE THE SITE. IF BIORETENTION AREAS ARE BEING USED AS TEMPORARY SEDIMENT BASINSLEAVE A MINIMUM OF 3 FEET OF COVER OVER THE PRACTICE TO PROTECT THE UNDERLYING SOILS FROMCLOGGING.6.PERFORM ALL OTHER SITE IMPROVEMENTS.7.PLANT ALL AREAS AFTER DISTURBANCE.8.CONSTRUCT BIORETENTION DEVICE UPON STABILIZATION OF CONTRIBUTING DRAINAGE AREA.9.IMPLEMENT TEMPORARY AND PERMANENT EROSION CONTROL PRACTICES.10.PLANT AND/OR ROCK MULCH BIORETENTION DEVICE.11.REMOVE TEMPORARY EROSION CONTROL DEVICES AFTER THE CONTRIBUTING DRAINAGE AREA ISADEQUATELY VEGETATED.GENERAL NOTES1.IN THE EVENT THAT SEDIMENT IS INTRODUCED INTO THE BMP DURING OR IMMEDIATELY FOLLOWINGEXCAVATION, THIS MATERIAL SHALL BE REMOVED FROM THE PRACTICE PRIOR TO CONTINUINGCONSTRUCTION.2.GRADING OF BIORETENTION DEVICES SHALL BE ACCOMPLISHED USING LOW-COMPACTION EARTH-MOVINGEQUIPMENT TO PREVENT COMPACTION OF UNDERLYING SOILS.3.ALL SUB MATERIALS BELOW THE SPECIFIED BIORETENTION DEPTH (ELEVATION) SHALL BE UNDISTURBED,UNLESS OTHERWISE NOTED.CONSTRUCTION SEQUENCINGFABRIC WRAP TOP, SIDES AND BOTTOM WITHCONTECH C-40 NON-WOVEN GEOTEXTILE6" PERF. CPP DRAIN TILE PIPE PERMNDOT 3245 WITH FABRIC SOCK.LOCATION AS SHOWN ON THE PLANS3:1 GRADE24" MIN.
0.6'ABOVE GROUND FILTRATION BASINN T SMIN.PLANTING MEDIUM DEPTH 24"WITH A WELL BLENDED MIXTURE (BY VOLUME):70% HOMOGENOUS CONSTRUCTION SAND30% ORGANIC COMPOSTFREE DRAINING ANGULAR WASHED STONE 3/4" - 2" PARTICLESIZE INSTALL TO MIN. 95% STANDARD DENSITY PER AASHTO T99.1WETLAND BUFFER SIGN (TYP)N T S272
CONSTRUCTIONLIMITSCONSTRUCTIONLIMITSCONSTRUCTIONENTRANCEPERIMETEREROSION CONTROLAT CONSTRUCTIONLIMITS, TYP.PERIMETEREROSION CONTROLAT CONSTRUCTIONLIMITS, TYP.CONTRACTOR TO PROVIDEINLET PROTECTION AT ALLDOWNSTREAM CATCHBASINS.CUNNINGHAM 2ND ADDITION
855 PLEASANT VIEW ROAD
CHANHASSEN, MN 55317
350 HWY 7, SUITE 218
EXCELSIOR, MN 55331
ADOR BESPOKE HOMES
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NISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:22085............3/18/2022CITY SUBMITTALDRAWN BY:REVIEWED BY:MSMP..............COPYRIGHT CIVIL SITE GROUP INC.c202244263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.03/18/22Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060REVISION SUMMARYDATEDESCRIPTIONSW1.0SWPPP - EXISTINGCONDITIONS............01" = 20'-0"20'-0"10'-0"N1. RESERVED FOR CITY SPECIFIC EROSION CONTROL NOTES.CITY OF CHANHASSEN EROSION CONTROL NOTES:SWPPP NOTES:Know what'sbelow.before you dig.CallRLEGEND:EX. 1' CONTOUR ELEVATION INTERVALINLET PROTECTIONSTABILIZED CONSTRUCTION ENTRANCEDRAINAGE ARROW1.0' CONTOUR ELEVATION INTERVALSILT FENCE / BIOROLL - GRADING LIMITEROSION CONTROL BLANKETALL SPECIFIED EROSION AND SEDIMENT CONTROL PRACTICES, ANDMEASURES CONTAINED IN THIS SWPPP ARE THE MINIMUMREQUIREMENTS. ADDITIONAL PRACTICES MAY BE REQUIRED DURINGTHE COURSE OF CONSTRUCTION.1.ALL EXISTING UTILITY LOCATIONS SHOWN AREAPPROXIMATE. CONTACT "GOPHER STATE ONE CALL"(651-454-0002 OR 800-252-1166) FOR UTILITY LOCATIONS,48 HOURS PRIOR TO CONSTRUCTION. THE CONTRACTORSHALL REPAIR OR REPLACE ANY UTILITIES THAT AREDAMAGED DURING CONSTRUCTION AT NO COST TO THEOWNER.2.THIS PROJECT IS GREATER THAN ONE ACRE AND WILLREQUIRE AN MPCA NPDES PERMIT. CONTRACTOR ISRESPONSIBLE FOR OBTAINING ANY EROSION CONTROLPERMITS REQUIRED BY THE CITY.3.SEE SHEETS SW1.0 - SW1.5 FOR ALL EROSION CONTROLNOTES, DESCRIPTIONS, AND PRACTICES.4.SEE GRADING PLAN FOR ADDITIONAL GRADING ANDEROSION CONTROL NOTES.5.CONTRACTOR IS RESPONSIBLE FOR SWPPPIMPLEMENTATION, INSPECTIONS, AND COMPLIANCE WITHNPDES PERMIT.73
LOT 1LOT 220.0'20.0'R
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S01°09'52"W 30.00N89°02'11"W110.64S41°42'48"E367.98S17°23'30"E144.97S00°57'49"W
114.11110.38N85°52'48"Warea = 77,405± sq.ft. (1.78 acres)667.00
S01°09'52"W 30.00N89°02'11"W110.64S41°42'48"E367.98S17°23'30"E144.97S00°57'49"W
114.11110.38N85°52'48"Warea = 77,405± sq.ft. (1.78 acres)CONSTRUCTIONENTRANCEPERIMETEREROSION CONTROLAT CONSTRUCTIONLIMITS, TYP.PERIMETEREROSION CONTROLAT CONSTRUCTIONLIMITS, TYP.PLACE EROSIONCONTROL BLANKETON ALL SLOPES 4:1 ORSTEEPER, TYP.(MNDOT CATEGORY 3)PLACE EROSIONCONTROL BLANKETON ALL SLOPES 4:1 ORSTEEPER, TYP.(MNDOT CATEGORY 3)CONTRACTOR TO PROVIDEINLET PROTECTION AT ALLDOWNSTREAM CATCHBASINS.CUNNINGHAM 2ND ADDITION
855 PLEASANT VIEW ROAD
CHANHASSEN, MN 55317
350 HWY 7, SUITE 218
EXCELSIOR, MN 55331
ADOR BESPOKE HOMES
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NISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:22085............3/18/2022CITY SUBMITTALDRAWN BY:REVIEWED BY:MSMP..............COPYRIGHT CIVIL SITE GROUP INC.c202244263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.03/18/22Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060REVISION SUMMARYDATEDESCRIPTIONSW1.1SWPPP - PROPOSEDCONDITIONS............01" = 30'-0"30'-0"15'-0"NKnow what'sbelow.before you dig.CallR1. RESERVED FOR CITY SPECIFIC EROSION CONTROL NOTES.CITY OF CHANHASSEN EROSION CONTROL NOTES:SWPPP NOTES:LEGEND:EX. 1' CONTOUR ELEVATION INTERVALSTABILIZED CONSTRUCTION ENTRANCEDRAINAGE ARROW1.0' CONTOUR ELEVATION INTERVALSILT FENCE / BIOROLL - GRADING LIMITEROSION CONTROL BLANKETALL SPECIFIED EROSION AND SEDIMENT CONTROL PRACTICES, ANDMEASURES CONTAINED IN THIS SWPPP ARE THE MINIMUMREQUIREMENTS. ADDITIONAL PRACTICES MAY BE REQUIRED DURINGTHE COURSE OF CONSTRUCTION.1.ALL EXISTING UTILITY LOCATIONS SHOWN AREAPPROXIMATE. CONTACT "GOPHER STATE ONE CALL"(651-454-0002 OR 800-252-1166) FOR UTILITY LOCATIONS,48 HOURS PRIOR TO CONSTRUCTION. THE CONTRACTORSHALL REPAIR OR REPLACE ANY UTILITIES THAT AREDAMAGED DURING CONSTRUCTION AT NO COST TO THEOWNER.2.THIS PROJECT IS GREATER THAN ONE ACRE AND WILLREQUIRE AN MPCA NPDES PERMIT. CONTRACTOR ISRESPONSIBLE FOR OBTAINING ANY EROSION CONTROLPERMITS REQUIRED BY THE CITY.3.SEE SHEETS SW1.0 - SW1.5 FOR ALL EROSION CONTROLNOTES, DESCRIPTIONS, AND PRACTICES.4.SEE GRADING PLAN FOR ADDITIONAL GRADING ANDEROSION CONTROL NOTES.5.CONTRACTOR IS RESPONSIBLE FOR SWPPPIMPLEMENTATION, INSPECTIONS, AND COMPLIANCE WITHNPDES PERMIT.74
CUNNINGHAM 2ND ADDITION
855 PLEASANT VIEW ROAD
CHANHASSEN, MN 55317
350 HWY 7, SUITE 218
EXCELSIOR, MN 55331
ADOR BESPOKE HOMES
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NISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:22085............3/18/2022CITY SUBMITTALDRAWN BY:REVIEWED BY:MSMP..............COPYRIGHT CIVIL SITE GROUP INC.c202244263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.03/18/22Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060REVISION SUMMARYDATEDESCRIPTIONSW1.2SWPPP - DETAILS............TAMP THE TRENCH FULL OF SOIL.SECURE WITH ROW OF STAPLES,10" SPACING, 4" DOWN FROMTRENCHOVERLAP: BURY UPPER ENDOF LOWER STRIP AS IN 'A'AND 'B'. OVERLAP END OFTOP STRIP 4" AND STAPLE.EROSION STOP: FOLD OF MATTINGBURIED IN SILT TRENCH ANDTAMPED. DOUBLEROW OFSTAPLES.PLACE STAPLES 2 FEET APARTTO KEEP MATTING FIRMLYPRESSED TO SOIL.'D''C''B'BURY THE TOP END OF THEMATTING IN A TRENCH 4" ORMORE IN DEPTHTYPICAL STAPLE #8GAUGE WIRE1 1/2"10"OVERFALL'E''A'NOTE:1. PLACE STAPLES 2 FEET APART TOKEEP MATTING FIRMLY PRESSED TOSOIL.EROSION BLANKETN T S3FILTER FABRIC AS SPECIFIEDEXISTING GROUNDSURFACEDIRECTION OF FLOWWOODEN STAKES 1/2"X2"X16" MIN. PLACED 10' O.C.WHEN INSTALLED ON GROUND. IF INSTALLED ONPVMT. PROVIDE SANDBAGS BEHIND AND ON TOP ATMIN. 10' O.C.8" MIN.SEDIMENT BIO-ROLL / COMPOST FILTER LOGN T SFILLER AS SPECIFIEDNOTE:1. COMPOST FILTER LOGS (BIO ROLLS) SHALL BE FILTREXX EROSION CONTROL SOXX OR APPROVED EQUAL.2. COMPOST FILLER TO BE MADE FROM A COMPOST BLEND 30%-40% GRADE 2 (SPEC 3890) AND 60%-70%PARTIALLY DECOMPOSED WOOD CHIPS, PER MNDOT SPEC 3897.3. FILTER FABRIC SHALL BE GEOTEXTILE KNITTED MATERIAL WITH MAX. OPENINGS OF 3/8".4. IF MULTIPLE ROLLS NEEDED, OVERLAP BY MIN. 12" AT ENDS AND STAKE.5. SILT SHALL BE REMOVED ONCE IT REACHES 80% OF THE HEIGHT OF THE ROLL OR AS DEEMED NECESSARYBY SITE CONTRACTOR TO MAINTAIN PROPER FUNCTION.FILL UPSTREAM BASE EDGE WITH2" OF DIRT OR COMPOST TOEMBED ROLL.475
CUNNINGHAM 2ND ADDITION
855 PLEASANT VIEW ROAD
CHANHASSEN, MN 55317
350 HWY 7, SUITE 218
EXCELSIOR, MN 55331
ADOR BESPOKE HOMES
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NISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:22085............3/18/2022CITY SUBMITTALDRAWN BY:REVIEWED BY:MSMP..............COPYRIGHT CIVIL SITE GROUP INC.c202244263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.03/18/22Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060REVISION SUMMARYDATEDESCRIPTIONSW1.3SWPPP - NARRATIVE............OWNER INFORMATIONTRAINING SECTION 21PARTY RESPONSIBLE FOR LONG TERM OPERATION AND MAINTENANCE OF PERMANENTSTORM WATER MANAGEMENT SYSTEMPERMANENT STORMWATER MANAGEMENT IS NOT REQUIRED AS PART OF THIS PROJECT TO MEET NPDES PERMIT REQUIREMENTS. THEPROPERTY OWNER IS RESPONSIBLE FOR THE LONG TERM OPERATION AND MAINTENANCE OF THE PROPOSED STORMWATER SYSTEM.AREAS AND QUANTITIES:SWPPP CONTACT PERSONCONTRACTOR:SWPPP INSPECTOR TRAINING:ALL SWPPP INSPECTIONS MUST BE PERFORMED BY APERSON THAT MEETS THE TRAINING REQUIREMENTS OF THENPDES CONSTRUCTION SITE PERMIT.TRAINING CREDENTIALS SHALL BE PROVIDED BY THECONTRACTOR AND KEPT ON SITE WITH THE SWPPPNOTE: QUANTITIES ARE FOR INFORMATIONAL PURPOSES ONLY. CONTRACTOR SHALL DETERMINE FOR THEMSELVES THE EXACTQUANTITIES FOR BIDDING AND CONSTRUCTION.PROJECT NARRATIVE:PROJECT IS A REDEVELOPMENT OF AN EXISTING HOME WITH A DRIVEWAY. THE PROPOSED SITE IS A LOT SPLIT INTO 2 SINGLE FAMILY PARCELSWITH ASSOCIATED HOMES, DRIVEWAYS, SITE GRADING, UTILITY, AND LANDSCAPING IMPROVEMENTS.NATIVE BUFFER NARRATIVE:A MINIMUM 20' BUFFER WITH AREA EQUAL TO 40' BUFFER (11,255 SQFT) WILL BE CREATED AROUND WETLAND 1.SOIL CONTAMINATION AND INFILTRATION NARRATIVE:SOILS ONSITE HAVE NOT BE IDENTIFIED AS CONTAMINATED. SINCE NO CONTAMINATION EXISTS, INFILTRATION IS FEASIBLE AS LONG AS SOIL TYPEIS CONDUCIVE TO INFILTRATION.SPECIAL TMDL BMP REQUIREMENTS SITE SPECIFIC (IF REQUIRED):THIS PROJECT IS WITHIN ONE MILE AND DISCHARGES TO LOTUS LAKE - LOTUS LAKE IS IDENTIFIED AS AN IMPAIRED WATER BODY PER THE MPCA'S303(D) IMPAIRED WATERS LIST. THIS PROJECT IS ALSO WITHIN ONE MILE OF CHRISTMAS LAKE, SILVER LAKE, AND LUCY LAKE. LOTUS LAKE ANDSILVER LAKE ARE THE ONLY IMPAIRED LAKES IN THE VICINITY.LOTUS LAKE IS IMPAIRED FOR FISHES BIOASSESMENTS AND MERCURY LEVELS ANDNUTRIENTS. SILVER LAKE IS IMPAIRED FOR NUTRIENTS. BECAUSE LOTUS LAKE AND SILVER LAKE ARE LOCATED WITHIN ONE MILE OF THE SITE,BMPS AS DEFINED IN THE NPDES PERMIT ITEMS 23.9 AND 23.10 APPLY. THESE ARE AS FOLLOWS:1.DURING CONSTRUCTION:A.STABILIZATION OF ALL EXPOSED SOIL AREAS MUST BE INITIATED IMMEDIATELY TO LIMIT SOIL EROSION BUT IN NO CASE COMPLETEDLATER THAN SEVEN (7) DAYS AFTER THE CONSTRUCTION ACTIVITY IN THAT PORTION OF THE SITE HAS TEMPORARILY OR PERMANENTLYCEASED.B.TEMPORARY SEDIMENT BASIN REQUIREMENTS DESCRIBED IN SECTION 14. MUST BE USED FOR COMMON DRAINAGE LOCATIONS THATSERVE AN AREA WITH FIVE (5) OR MORE ACRES DISTURBED AT ONE TIME.PERMANENT STABILIZATION NOTES SITE SPECIFIC:PERMANENT SEED MIX·FOR THIS PROJECT ALL AREAS THAT ARE NOT TO BE SODDED OR LANDSCAPED SHALL RECEIVE A NATIVE PERMANENT SEED MIX.··AREAS IN BUFFERS AND ADJACENT TO OR IN WET AREAS MNDOT SEED MIX 33-261 (STORMWATER SOUTH AND WEST) AT 35 LBS PERACRE.··DRY AREAS MNDOT SEED MIX 35-221 (DRY PRAIRIE GENERAL) AT 40 LBS PER ACRE.·MAINTENANCE SHALL BE IN ACCORDANCE TO THE MNDOT SEEDING MANUAL.SUPPLEMENTARY SITE SPECIFIC EROSION CONTROL NOTES:THESE NOTES SUPERCEDE ANY GENERAL SWPPP NOTES.THIS PROJECT IS GREATER THAN 1.0 ACRES SO AN NPDES PERMIT IS REQUIRED AND NEEDS TO BE SUBMITTED TO THE MPCA. THECONTRACTOR IS REQUIRED TO FOLLOW THE GUIDELINES IN THE NPDES PERMIT THROUGHOUT CONSTRUCTION.SWPPP ATTACHMENTS (ONLY APPLICABLE IF SITE IS 1 ACRE OR GREATER):CONTRACTOR SHALL OBTAIN A COPY OF THE FOLLOWING SWPPP ATTACHMENTS WHICH ARE A PART OF THE OVERALL SWPPP PACKAGE:ATTACHMENT A. CONSTRUCTION SWPPP TEMPLATE - SITE SPECIFIC SWPPP DOCUMENTATTACHMENT B. CONSTRUCTION STORMWATER INSPECTION CHECKLISTATTACHMENT C. MAINTENANCE PLAN FOR PERMANENT STORM WATER TREATMENT SYSTEMSATTACHMENT D: STORMWATER MANAGEMENT REPORT - ON FILE AT THE OFFICE OF PROJECT ENGINEER. AVAILABLE UPON REQUEST.ATTACHMENT E: GEOTECHNICAL EVALUATION REPORT - ON FILE AT THE OFFICE OF PROJECT ENGINEER. AVAILABLE UPON REQUEST.DESIGN ENGINEER: MATTHEW R. PAVEK P.E.TRAINING COURSE: DESIGN OF SWPPPTRAINING ENTITY: UNIVERSITY OF MINNESOTAINSTRUCTOR: JOHN CHAPMANDATES OF TRAINING COURSE: 5/15/2011 - 5/16/2011TOTAL TRAINING HOURS: 12RE-CERTIFICATION: 2/27/2020 (8 HOURS), EXP. 5/31/2023THE CONTRACTOR AND ALL SUBCONTRACTORS INVOLVED WITH A CONSTRUCTION ACTIVITY THAT DISTURBS SITE SOIL OR WHO IMPLEMENT A POLLUTANT CONTROL MEASURE IDENTIFIED IN THE STORM WATER POLLUTIONPREVENTION PLAN (SWPPP) MUST COMPLY WITH THE REQUIREMENTS OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PERMIT (DATED AUGUST 1, 2018 # MNR100001) AND ANY LOCALGOVERNING AGENCY HAVING JURISDICTION CONCERNING EROSION AND SEDIMENTATION CONTROL.STORMWATER DISCHARGE DESIGN REQUIREMENTSSWPPPTHE NATURE OF THIS PROJECT WILL BE CONSISTENT WITH WHAT IS REPRESENTED IN THIS SET OF CONSTRUCTION PLANS AND SPECIFICATIONS. SEE THE SWPPP PLAN SHEETS AND SWPPP NARRATIVE (ATTACHMENT A:CONSTRUCTION SWPPP TEMPLATE) FOR ADDITIONAL SITE SPECIFIC SWPPP INFORMATION. THE PLANS SHOW LOCATIONS AND TYPES OF ALL TEMPORARY AND PERMANENT EROSION PREVENTION AND SEDIMENT CONTROLBMP'S. STANDARD DETAILS ARE ATTACHED TO THIS SWPPP DOCUMENT.THE INTENDED SEQUENCING OF MAJOR CONSTRUCTION ACTIVITIES IS AS FOLLOWS:1. INSTALL STABILIZED ROCK CONSTRUCTION ENTRANCE2. INSTALLATION OF SILT FENCE AROUND SITE3. INSTALL ORANGE CONSTRUCTION FENCING AROUND INFILTRATION AREAS4. INSTALL INLET PROTECTION AT ALL ADJACENT AND DOWNSTREAM CATCH BASINS5. CLEAR AND GRUB FOR TEMPORARY SEDIMENT BASIN / POND INSTALL6. CONSTRUCT TEMPORARY SEDIMENT BASIN / POND (SECTION 14)7. CLEAR AND GRUB REMAINDER OF SITE8. STRIP AND STOCKPILE TOPSOIL9. ROUGH GRADING OF SITE10. STABILIZE DENUDED AREAS AND STOCKPILES11. INSTALL SANITARY SEWER, WATER MAIN STORM SEWER AND SERVICES12. INSTALL SILT FENCE / INLET PROTECTION AROUND CB'S13. INSTALL STREET SECTION14. INSTALL CURB AND GUTTER15. BITUMINOUS ON STREETS16. FINAL GRADE BOULEVARD, INSTALL SEED AND MULCH17. REMOVE ACCUMULATED SEDIMENT FROM BASIN / POND18. FINAL GRADE POND / INFILTRATION BASINS (DO NOT COMPACT SOILS IN INFILTRATION AREAS.)19. WHEN ALL CONSTRUCTION ACTIVITY IS COMPLETE AND THE SITE IS STABILIZED BY EITHER SEED OR SOD/LANDSCAPING, REMOVE SILT FENCE AND RESEED ANY AREAS DISTURBED BY THE REMOVAL.RECORDS RETENTION:THE SWPPP (ORIGINAL OR COPIES) INCLUDING, ALL CHANGES TO IT, AND INSPECTIONS AND MAINTENANCE RECORDS MUST BE KEPT AT THE SITE DURING CONSTRUCTION BY THE PERMITTEE WHO HAS OPERATIONALCONTROL OF THAT PORTION OF THE SITE. THE SWPPP CAN BE KEPT IN EITHER THE FIELD OFFICE OR IN AN ON SITE VEHICLE DURING NORMAL WORKING HOURS.ALL OWNER(S) MUST KEEP THE SWPPP, ALONG WITH THE FOLLOWING ADDITIONAL RECORDS, ON FILE FOR THREE (3) YEARS AFTER SUBMITTAL OF THE NOT AS OUTLINED IN SECTION 4. THIS DOES NOT INCLUDE ANYRECORDS AFTER SUBMITTAL OF THE NOT.1.THE FINAL SWPPP;2.ANY OTHER STORMWATER RELATED PERMITS REQUIRED FOR THE PROJECT;3.RECORDS OF ALL INSPECTION AND MAINTENANCE CONDUCTED DURING CONSTRUCTION (SEE SECTION 11, INSPECTIONS AND MAINTENANCE);4.ALL PERMANENT OPERATION AND MAINTENANCE AGREEMENTS THAT HAVE BEEN IMPLEMENTED, INCLUDING ALL RIGHT OF WAY, CONTRACTS, COVENANTS AND OTHER BINDING REQUIREMENTS REGARDING PERPETUALMAINTENANCE; AND5.ALL REQUIRED CALCULATIONS FOR DESIGN OF THE TEMPORARY AND PERMANENT STORMWATER MANAGEMENT SYSTEMS.SWPPP IMPLEMENTATION RESPONSIBILITIES:1.THE OWNER AND CONTRACTOR ARE PERMITTEE(S) AS IDENTIFIED BY THE NPDES PERMIT.2.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL ON-SITE IMPLEMENTATION OF THE SWPPP, INCLUDING THE ACTIVITIES OF ALL OF THE CONTRACTOR'S SUBCONTRACTORS.3.CONTRACTOR SHALL PROVIDE A PERSON(S) KNOWLEDGEABLE AND EXPERIENCED IN THE APPLICATION OF EROSION PREVENTION AND SEDIMENT CONTROL BMPS TO OVERSEE ALL INSTALLATION AND MAINTENANCE OFBMPS AND IMPLEMENTATION OF THE SWPPP.4.CONTRACTOR SHALL PROVIDE PERSON(S) MEETING THE TRAINING REQUIREMENTS OF THE NPDES PERMIT TO CONDUCT INSPECTION AND MAINTENANCE OF ALL EROSION PREVENTION AND SEDIMENT CONTROL BMPS INACCORDANCE WITH THE REQUIREMENTS OF THE PERMIT. ONE OF THESE INDIVIDUAL(S) MUST BE AVAILABLE FOR AN ONSITE INSPECTION WITHIN 72 HOURS UPON REQUEST BY MPCA. CONTRACTOR SHALL PROVIDETRAINING DOCUMENTATION FOR THESE INDIVIDUAL(S) AS REQUIRED BY THE NPDES PERMIT. THIS TRAINING DOCUMENTATION SHALL BE RECORDED IN OR WITH THE SWPPP BEFORE THE START OF CONSTRUCTION ORAS SOON AS THE PERSONNEL FOR THE PROJECT HAVE BEEN DETERMINED. DOCUMENTATION SHALL INCLUDE:4.1.NAMES OF THE PERSONNEL ASSOCIATED WITH THE PROJECT THAT ARE REQUIRED TO BE TRAINED PER SECTION 21 OF THE PERMIT.4.2.DATES OF TRAINING AND NAME OF INSTRUCTOR AND ENTITY PROVIDING TRAINING.4.3.CONTENT OF TRAINING COURSE OR WORKSHOP INCLUDING THE NUMBER OF HOURS OF TRAINING.5.FOLLOWING FINAL STABILIZATION AND THE TERMINATION OF COVERAGE FOR THE NPDES PERMIT, THE OWNER IS EXPECTED TO FURNISH LONG TERM OPERATION AND MAINTENANCE (O & M) OF THE PERMANENT STORMWATER MANAGEMENT SYSTEM.CONSTRUCTION ACTIVITY REQUIREMENTSSWPPP AMENDMENTS (SECTION 6):1.ONE OF THE INDIVIDUALS DESCRIBED IN ITEM 21.2.A OR ITEM 21.2.B OR ANOTHER QUALIFIED INDIVIDUAL MUST COMPLETE ALL SWPPP CHANGES. CHANGES INVOLVING THE USE OF A LESS STRINGENT BMP MUSTINCLUDE A JUSTIFICATION DESCRIBING HOW THE REPLACEMENT BMP IS EFFECTIVE FOR THE SITE CHARACTERISTICS.2.PERMITTEES MUST AMEND THE SWPPP TO INCLUDE ADDITIONAL OR MODIFIED BMPS AS NECESSARY TO CORRECT PROBLEMS IDENTIFIED OR ADDRESS SITUATIONS WHENEVER THERE IS A CHANGE IN DESIGN,CONSTRUCTION, OPERATION, MAINTENANCE, WEATHER OR SEASONAL CONDITIONS HAVING A SIGNIFICANT EFFECT ON THE DISCHARGE OF POLLUTANTS TO SURFACE WATERS OR GROUNDWATER.3.PERMITTEES MUST AMEND THE SWPPP TO INCLUDE ADDITIONAL OR MODIFIED BMPS AS NECESSARY TO CORRECT PROBLEMS IDENTIFIED OR ADDRESS SITUATIONS WHENEVER INSPECTIONS OR INVESTIGATIONS BYTHE SITE OWNER OR OPERATOR, USEPA OR MPCA OFFICIALS INDICATE THE SWPPP IS NOT EFFECTIVE IN ELIMINATING OR SIGNIFICANTLY MINIMIZING THE DISCHARGE OF POLLUTANTS TO SURFACE WATERS ORGROUNDWATER OR THE DISCHARGES ARE CAUSING WATER QUALITY STANDARD EXCEEDANCES (E.G., NUISANCE CONDITIONS AS DEFINED IN MINN. R. 7050.0210, SUBP. 2) OR THE SWPPP IS NOT CONSISTENT WITH THEOBJECTIVES OF A USEPA APPROVED TMDL.BMP SELECTION AND INSTALLATION (SECTION 7):1.PERMITTEES MUST SELECT, INSTALL, AND MAINTAIN THE BMPS IDENTIFIED IN THE SWPPP AND IN THIS PERMIT IN AN APPROPRIATE AND FUNCTIONAL MANNER AND IN ACCORDANCE WITH RELEVANT MANUFACTURERSPECIFICATIONS AND ACCEPTED ENGINEERING PRACTICES.EROSION PREVENTION (SECTION 8):1.BEFORE WORK BEGINS, PERMITTEES MUST DELINEATE THE LOCATION OF AREAS NOT TO BE DISTURBED.2.PERMITTEES MUST MINIMIZE THE NEED FOR DISTURBANCE OF PORTIONS OF THE PROJECT WITH STEEP SLOPES. WHEN STEEP SLOPES MUST BE DISTURBED, PERMITTEES MUST USE TECHNIQUES SUCH AS PHASINGAND STABILIZATION PRACTICES DESIGNED FOR STEEP SLOPES (E.G., SLOPE DRAINING AND TERRACING).3.PERMITTEES MUST STABILIZE ALL EXPOSED SOIL AREAS, INCLUDING STOCKPILES. STABILIZATION MUST BE INITIATED IMMEDIATELY TO LIMIT SOIL EROSION WHEN CONSTRUCTION ACTIVITY HAS PERMANENTLY ORTEMPORARILY CEASED ON ANY PORTION OF THE SITE AND WILL NOT RESUME FOR A PERIOD EXCEEDING 14 CALENDAR DAYS. STABILIZATION MUST BE COMPLETED NO LATER THAN 14 CALENDAR DAYS AFTER THECONSTRUCTION ACTIVITY HAS CEASED. STABILIZATION IS NOT REQUIRED ON CONSTRUCTED BASE COMPONENTS OF ROADS, PARKING LOTS AND SIMILAR SURFACES. STABILIZATION IS NOT REQUIRED ON TEMPORARYSTOCKPILES WITHOUT SIGNIFICANT SILT, CLAY OR ORGANIC COMPONENTS (E.G., CLEAN AGGREGATE STOCKPILES, DEMOLITION CONCRETE STOCKPILES, SAND STOCKPILES) BUT PERMITTEES MUST PROVIDE SEDIMENTCONTROLS AT THE BASE OF THE STOCKPILE.4.FOR PUBLIC WATERS THAT THE MINNESOTA DNR HAS PROMULGATED "WORK IN WATER RESTRICTIONS" DURING SPECIFIED FISH SPAWNING TIME FRAMES, PERMITTEES MUST COMPLETE STABILIZATION OF ALL EXPOSEDSOIL AREAS WITHIN 200 FEET OF THE WATER'S EDGE, AND THAT DRAIN TO THESE WATERS, WITHIN 24 HOURS DURING THE RESTRICTION PERIOD.5.PERMITTEES MUST STABILIZE THE NORMAL WETTED PERIMETER OF THE LAST 200 LINEAR FEET OF TEMPORARY OR PERMANENT DRAINAGE DITCHES OR SWALES THAT DRAIN WATER FROM THE SITE WITHIN 24 HOURSAFTER CONNECTING TO A SURFACE WATER OR PROPERTY EDGE. PERMITTEES MUST COMPLETE STABILIZATION OF REMAINING PORTIONS OF TEMPORARY OR PERMANENT DITCHES OR SWALES WITHIN 14 CALENDARDAYS AFTER CONNECTING TO A SURFACE WATER OR PROPERTY EDGE AND CONSTRUCTION IN THAT PORTION OF THE DITCH TEMPORARILY OR PERMANENTLY CEASES.6.TEMPORARY OR PERMANENT DITCHES OR SWALES BEING USED AS A SEDIMENT CONTAINMENT SYSTEM DURING CONSTRUCTION (WITH PROPERLY DESIGNED ROCK-DITCH CHECKS, BIO ROLLS, SILT DIKES, ETC.) DO NOTNEED TO BE STABILIZED. PERMITTEES MUST STABILIZE THESE AREAS WITHIN 24 HOURS AFTER THEIR USE AS A SEDIMENT CONTAINMENT SYSTEM CEASES7.PERMITTEES MUST NOT USE MULCH, HYDROMULCH, TACKIFIER, POLYACRYLAMIDE OR SIMILAR EROSION PREVENTION PRACTICES WITHIN ANY PORTION OF THE NORMAL WETTED PERIMETER OF A TEMPORARY ORPERMANENT DRAINAGE DITCH OR SWALE SECTION WITH A CONTINUOUS SLOPE OF GREATER THAN 2 PERCENT.8.PERMITTEES MUST PROVIDE TEMPORARY OR PERMANENT ENERGY DISSIPATION AT ALL PIPE OUTLETS WITHIN 24 HOURS AFTER CONNECTION TO A SURFACE WATER OR PERMANENT STORMWATER TREATMENTSYSTEM.9.PERMITTEES MUST NOT DISTURB MORE LAND (I.E., PHASING) THAN CAN BE EFFECTIVELY INSPECTED AND MAINTAINED IN ACCORDANCE WITH SECTION 11.SEDIMENT CONTROL (SECTION 9):1.PERMITTEES MUST ESTABLISH SEDIMENT CONTROL BMPS ON ALL DOWNGRADIENT PERIMETERS OF THE SITE AND DOWNGRADIENT AREAS OF THE SITE THAT DRAIN TO ANY SURFACE WATER, INCLUDING CURB ANDGUTTER SYSTEMS. PERMITTEES MUST LOCATE SEDIMENT CONTROL PRACTICES UPGRADIENT OF ANY BUFFER ZONES. PERMITTEES MUST INSTALL SEDIMENT CONTROL PRACTICES BEFORE ANY UPGRADIENTLAND-DISTURBING ACTIVITIES BEGIN AND MUST KEEP THE SEDIMENT CONTROL PRACTICES IN PLACE UNTIL THEY ESTABLISH PERMANENT COVER.2.IF DOWNGRADIENT SEDIMENT CONTROLS ARE OVERLOADED, BASED ON FREQUENT FAILURE OR EXCESSIVE MAINTENANCE REQUIREMENTS, PERMITTEES MUST INSTALL ADDITIONAL UPGRADIENT SEDIMENT CONTROLPRACTICES OR REDUNDANT BMPS TO ELIMINATE THE OVERLOADING AND AMEND THE SWPPP TO IDENTIFY THESE ADDITIONAL PRACTICES AS REQUIRED IN ITEM 6.3.3.TEMPORARY OR PERMANENT DRAINAGE DITCHES AND SEDIMENT BASINS DESIGNED AS PART OF A SEDIMENT CONTAINMENT SYSTEM (E.G., DITCHES WITH ROCK-CHECK DAMS) REQUIRE SEDIMENT CONTROL PRACTICESONLY AS APPROPRIATE FOR SITE CONDITIONS.4.A FLOATING SILT CURTAIN PLACED IN THE WATER IS NOT A SEDIMENT CONTROL BMP TO SATISFY ITEM 9.2 EXCEPT WHEN WORKING ON A SHORELINE OR BELOW THE WATERLINE. IMMEDIATELY AFTER THE SHORT TERMCONSTRUCTION ACTIVITY (E.G., INSTALLATION OF RIP RAP ALONG THE SHORELINE) IN THAT AREA IS COMPLETE, PERMITTEES MUST INSTALL AN UPLAND PERIMETER CONTROL PRACTICE IF EXPOSED SOILS STILL DRAINTO A SURFACE WATER.5.PERMITTEES MUST RE-INSTALL ALL SEDIMENT CONTROL PRACTICES ADJUSTED OR REMOVED TO ACCOMMODATE SHORT-TERM ACTIVITIES SUCH AS CLEARING OR GRUBBING, OR PASSAGE OF VEHICLES, IMMEDIATELYAFTER THE SHORT-TERM ACTIVITY IS COMPLETED. PERMITTEES MUST RE-INSTALL SEDIMENT CONTROL PRACTICES BEFORE THE NEXT PRECIPITATION EVENT EVEN IF THE SHORT-TERM ACTIVITY IS NOT COMPLETE.6.PERMITTEES MUST PROTECT ALL STORM DRAIN INLETS USING APPROPRIATE BMPS DURING CONSTRUCTION UNTIL THEY ESTABLISH PERMANENT COVER ON ALL AREAS WITH POTENTIAL FOR DISCHARGING TO THEINLET.7.PERMITTEES MAY REMOVE INLET PROTECTION FOR A PARTICULAR INLET IF A SPECIFIC SAFETY CONCERN (E.G. STREET FLOODING/FREEZING) IS IDENTIFIED BY THE PERMITTEES OR THE JURISDICTIONAL AUTHORITY(E.G., CITY/COUNTY/TOWNSHIP/MINNESOTA DEPARTMENT OF TRANSPORTATION ENGINEER). PERMITTEES MUST DOCUMENT THE NEED FOR REMOVAL IN THE SWPPP.8.PERMITTEES MUST PROVIDE SILT FENCE OR OTHER EFFECTIVE SEDIMENT CONTROLS AT THE BASE OF STOCKPILES ON THE DOWNGRADIENT PERIMETER.9.PERMITTEES MUST LOCATE STOCKPILES OUTSIDE OF NATURAL BUFFERS OR SURFACE WATERS, INCLUDING STORMWATER CONVEYANCES SUCH AS CURB AND GUTTER SYSTEMS UNLESS THERE IS A BYPASS IN PLACEFOR THE STORMWATER. 10. PERMITTEES MUST INSTALL A VEHICLE TRACKING BMP TO MINIMIZE THE TRACK OUT OF SEDIMENT FROM THE CONSTRUCTION SITE OR ONTO PAVED ROADS WITHIN THE SITE. 11. PERMITTEES MUST USE STREET SWEEPING IF VEHICLE TRACKING BMPS ARE NOT ADEQUATE TO PREVENT SEDIMENT TRACKING ONTO THE STREET. 12. PERMITTEES MUST INSTALL TEMPORARY SEDIMENT BASINS AS REQUIRED IN SECTION 14. 13. IN ANY AREAS OF THE SITE WHERE FINAL VEGETATIVE STABILIZATION WILL OCCUR, PERMITTEES MUST RESTRICT VEHICLE AND EQUIPMENT USE TO MINIMIZE SOIL COMPACTION. 14. PERMITTEES MUST PRESERVE TOPSOIL ON THE SITE, UNLESS INFEASIBLE. 15. PERMITTEES MUST DIRECT DISCHARGES FROM BMPS TO VEGETATED AREAS UNLESS INFEASIBLE. 16. PERMITTEES MUST PRESERVE A 50 FOOT NATURAL BUFFER OR, IF A BUFFER IS INFEASIBLE ON THE SITE, PROVIDE REDUNDANT (DOUBLE) PERIMETER SEDIMENT CONTROLS WHEN A SURFACE WATER IS LOCATEDWITHIN 50 FEET OF THE PROJECT'S EARTH DISTURBANCES AND STORMWATER FLOWS TO THE SURFACE WATER. PERMITTEES MUST INSTALL PERIMETER SEDIMENT CONTROLS AT LEAST 5 FEET APART UNLESS LIMITEDBY LACK OF AVAILABLE SPACE. NATURAL BUFFERS ARE NOT REQUIRED ADJACENT TO ROAD DITCHES, JUDICIAL DITCHES, COUNTY DITCHES, STORMWATER CONVEYANCE CHANNELS, STORM DRAIN INLETS, ANDSEDIMENT BASINS. IF PRESERVING THE BUFFER IS INFEASIBLE, PERMITTEES MUST DOCUMENT THE REASONS IN THE SWPPP. SHEET PILING IS A REDUNDANT PERIMETER CONTROL IF INSTALLED IN A MANNER THATRETAINS ALL STORMWATER. 17. PERMITTEES MUST USE POLYMERS, FLOCCULANTS, OR OTHER SEDIMENTATION TREATMENT CHEMICALS IN ACCORDANCE WITH ACCEPTED ENGINEERING PRACTICES, DOSING SPECIFICATIONS AND SEDIMENT REMOVALDESIGN SPECIFICATIONS PROVIDED BY THE MANUFACTURER OR SUPPLIER. THE PERMITTEES MUST USE CONVENTIONAL EROSION AND SEDIMENT CONTROLS PRIOR TO CHEMICAL ADDITION AND MUST DIRECT TREATEDSTORMWATER TO A SEDIMENT CONTROL SYSTEM FOR FILTRATION OR SETTLEMENT OF THE FLOC PRIOR TO DISCHARGE.DEWATERING AND BASIN DRAINING (SECTION 10):1.PERMITTEES MUST DISCHARGE TURBID OR SEDIMENT-LADEN WATERS RELATED TO DEWATERING OR BASIN DRAINING (E.G., PUMPED DISCHARGES, TRENCH/DITCH CUTS FOR DRAINAGE) TO A TEMPORARY ORPERMANENT SEDIMENT BASIN ON THE PROJECT SITE UNLESS INFEASIBLE. PERMITTEES MAY DEWATER TO SURFACE WATERS IF THEY VISUALLY CHECK TO ENSURE ADEQUATE TREATMENT HAS BEEN OBTAINED ANDNUISANCE CONDITIONS (SEE MINN. R. 7050.0210, SUBP. 2) WILL NOT RESULT FROM THE DISCHARGE. IF PERMITTEES CANNOT DISCHARGE THE WATER TO A SEDIMENTATION BASIN PRIOR TO ENTERING A SURFACEWATER, PERMITTEES MUST TREAT IT WITH APPROPRIATE BMPS SUCH THAT THE DISCHARGE DOES NOT ADVERSELY AFFECT THE SURFACE WATER OR DOWNSTREAM PROPERTIES.2.IF PERMITTEES MUST DISCHARGE WATER CONTAINING OIL OR GREASE, THEY MUST USE AN OIL-WATER SEPARATOR OR SUITABLE FILTRATION DEVICE (E.G., CARTRIDGE FILTERS, ABSORBENTS PADS) PRIOR TODISCHARGE.3.PERMITTEES MUST DISCHARGE ALL WATER FROM DEWATERING OR BASIN-DRAINING ACTIVITIES IN A MANNER THAT DOES NOT CAUSE EROSION OR SCOUR IN THE IMMEDIATE VICINITY OF DISCHARGE POINTS ORINUNDATION OF WETLANDS IN THE IMMEDIATE VICINITY OF DISCHARGE POINTS THAT CAUSES SIGNIFICANT ADVERSE IMPACT TO THE WETLAND.4.IF PERMITTEES USE FILTERS WITH BACKWASH WATER, THEY MUST HAUL THE BACKWASH WATER AWAY FOR DISPOSAL, RETURN THE BACKWASH WATER TO THE BEGINNING OF THE TREATMENT PROCESS, ORINCORPORATE THE BACKWASH WATER INTO THE SITE IN A MANNER THAT DOES NOT CAUSE EROSION.INSPECTIONS AND MAINTENANCE (SECTION 11):1.PERMITTEES MUST ENSURE A TRAINED PERSON, AS IDENTIFIED IN ITEM 21.2.B, WILL INSPECT THE ENTIRE CONSTRUCTION SITE AT LEAST ONCE EVERY SEVEN (7) DAYS DURING ACTIVE CONSTRUCTION AND WITHIN 24HOURS AFTER A RAINFALL EVENT GREATER THAN 1/2 INCH IN 24 HOURS.2.PERMITTEES MUST INSPECT AND MAINTAIN ALL PERMANENT STORMWATER TREATMENT BMPS.3.PERMITTEES MUST INSPECT ALL EROSION PREVENTION AND SEDIMENT CONTROL BMPS AND POLLUTION PREVENTION MANAGEMENT MEASURES TO ENSURE INTEGRITY AND EFFECTIVENESS. PERMITTEES MUST REPAIR,REPLACE OR SUPPLEMENT ALL NONFUNCTIONAL BMPS WITH FUNCTIONAL BMPS BY THE END OF THE NEXT BUSINESS DAY AFTER DISCOVERY UNLESS ANOTHER TIME FRAME IS SPECIFIED IN ITEM 11.5 OR 11.6.PERMITTEES MAY TAKE ADDITIONAL TIME IF FIELD CONDITIONS PREVENT ACCESS TO THE AREA.4.DURING EACH INSPECTION, PERMITTEES MUST INSPECT SURFACE WATERS, INCLUDING DRAINAGE DITCHES AND CONVEYANCE SYSTEMS BUT NOT CURB AND GUTTER SYSTEMS, FOR EVIDENCE OF EROSION ANDSEDIMENT DEPOSITION. PERMITTEES MUST REMOVE ALL DELTAS AND SEDIMENT DEPOSITED IN SURFACE WATERS, INCLUDING DRAINAGE WAYS, CATCH BASINS, AND OTHER DRAINAGE SYSTEMS AND RESTABILIZE THEAREAS WHERE SEDIMENT REMOVAL RESULTS IN EXPOSED SOIL. PERMITTEES MUST COMPLETE REMOVAL AND STABILIZATION WITHIN SEVEN (7) CALENDAR DAYS OF DISCOVERY UNLESS PRECLUDED BY LEGAL,REGULATORY, OR PHYSICAL ACCESS CONSTRAINTS. PERMITTEES MUST USE ALL REASONABLE EFFORTS TO OBTAIN ACCESS. IF PRECLUDED, REMOVAL AND STABILIZATION MUST TAKE PLACE WITHIN SEVEN (7) DAYS OFOBTAINING ACCESS. PERMITTEES ARE RESPONSIBLE FOR CONTACTING ALL LOCAL, REGIONAL, STATE AND FEDERAL AUTHORITIES AND RECEIVING ANY APPLICABLE PERMITS, PRIOR TO CONDUCTING ANY WORK INSURFACE WATERS.5.PERMITTEES MUST INSPECT CONSTRUCTION SITE VEHICLE EXIT LOCATIONS, STREETS AND CURB AND GUTTER SYSTEMS WITHIN AND ADJACENT TO THE PROJECT FOR SEDIMENTATION FROM EROSION OR TRACKEDSEDIMENT FROM VEHICLES. PERMITTEES MUST REMOVE SEDIMENT FROM ALL PAVED SURFACES WITHIN ONE (1) CALENDAR DAY OF DISCOVERY OR, IF APPLICABLE, WITHIN A SHORTER TIME TO AVOID A SAFETY HAZARDTO USERS OF PUBLIC STREETS.6.PERMITTEES MUST REPAIR, REPLACE OR SUPPLEMENT ALL PERIMETER CONTROL DEVICES WHEN THEY BECOME NONFUNCTIONAL OR THE SEDIMENT REACHES 1/2 OF THE HEIGHT OF THE DEVICE.7.PERMITTEES MUST DRAIN TEMPORARY AND PERMANENT SEDIMENTATION BASINS AND REMOVE THE SEDIMENT WHEN THE DEPTH OF SEDIMENT COLLECTED IN THE BASIN REACHES 1/2 THE STORAGE VOLUME.8.PERMITTEES MUST ENSURE THAT AT LEAST ONE INDIVIDUAL PRESENT ON THE SITE (OR AVAILABLE TO THE PROJECT SITE IN THREE (3) CALENDAR DAYS) IS TRAINED IN THE JOB DUTIES DESCRIBED IN ITEM 21.2.B.9.PERMITTEES MAY ADJUST THE INSPECTION SCHEDULE DESCRIBED IN ITEM 11.2 AS FOLLOWS:a. INSPECTIONS OF AREAS WITH PERMANENT COVER CAN BE REDUCED TO ONCE PER MONTH, EVEN IF CONSTRUCTION ACTIVITY CONTINUES ON OTHER PORTIONS OF THE SITE; ORb.WHERE SITES HAVE PERMANENT COVER ON ALL EXPOSED SOIL AND NO CONSTRUCTION ACTIVITY IS OCCURRING ANYWHERE ON THE SITE, INSPECTIONS CAN BE REDUCED TO ONCE PER MONTH AND, AFTER 12MONTHS, MAY BE SUSPENDED COMPLETELY UNTIL CONSTRUCTION ACTIVITY RESUMES. THE MPCA MAY REQUIRE INSPECTIONS TO RESUME IF CONDITIONS WARRANT; ORc.WHERE CONSTRUCTION ACTIVITY HAS BEEN SUSPENDED DUE TO FROZEN GROUND CONDITIONS, INSPECTIONS MAY BE SUSPENDED. INSPECTIONS MUST RESUME WITHIN 24 HOURS OF RUNOFF OCCURRING, ORUPON RESUMING CONSTRUCTION, WHICHEVER COMES FIRST. 10. PERMITTEES MUST RECORD ALL INSPECTIONS AND MAINTENANCE ACTIVITIES WITHIN 24 HOURS OF BEING CONDUCTED AND THESE RECORDS MUST BE RETAINED WITH THE SWPPP. THESE RECORDS MUST INCLUDE:a.DATE AND TIME OF INSPECTIONS; ANDb.NAME OF PERSONS CONDUCTING INSPECTIONS; ANDc.ACCURATE FINDINGS OF INSPECTIONS, INCLUDING THE SPECIFIC LOCATION WHERE CORRECTIVE ACTIONS ARE NEEDED; ANDd.CORRECTIVE ACTIONS TAKEN (INCLUDING DATES, TIMES, AND PARTY COMPLETING MAINTENANCE ACTIVITIES); ANDe.DATE OF ALL RAINFALL EVENTS GREATER THAN 1/2 INCHES IN 24 HOURS, AND THE AMOUNT OF RAINFALL FOR EACH EVENT. PERMITTEES MUST OBTAIN RAINFALL AMOUNTS BY EITHER A PROPERLY MAINTAINED RAINGAUGE INSTALLED ONSITE, A WEATHER STATION THAT IS WITHIN ONE (1) MILE OF YOUR LOCATION, OR A WEATHER REPORTING SYSTEM THAT PROVIDES SITE SPECIFIC RAINFALL DATA FROM RADAR SUMMARIES;ANDf.IF PERMITTEES OBSERVE A DISCHARGE DURING THE INSPECTION, THEY MUST RECORD AND SHOULD PHOTOGRAPH AND DESCRIBE THE LOCATION OF THE DISCHARGE (I.E., COLOR, ODOR, SETTLED OR SUSPENDEDSOLIDS, OIL SHEEN, AND OTHER OBVIOUS INDICATORS OF POLLUTANTS); ANDg.ANY AMENDMENTS TO THE SWPPP PROPOSED AS A RESULT OF THE INSPECTION MUST BE DOCUMENTED AS REQUIRED IN SECTION 6 WITHIN SEVEN (7) CALENDAR DAYS.POLLUTION PREVENTION MANAGEMENT (SECTION 12):1.PERMITTEES MUST PLACE BUILDING PRODUCTS AND LANDSCAPE MATERIALS UNDER COVER (E.G., PLASTIC SHEETING OR TEMPORARY ROOFS) OR PROTECT THEM BY SIMILARLY EFFECTIVE MEANS DESIGNED TOMINIMIZE CONTACT WITH STORMWATER. PERMITTEES ARE NOT REQUIRED TO COVER OR PROTECT PRODUCTS WHICH ARE EITHER NOT A SOURCE OF CONTAMINATION TO STORMWATER OR ARE DESIGNED TO BEEXPOSED TO STORMWATER.2.PERMITTEES MUST PLACE PESTICIDES, FERTILIZERS AND TREATMENT CHEMICALS UNDER COVER (E.G., PLASTIC SHEETING OR TEMPORARY ROOFS) OR PROTECT THEM BY SIMILARLY EFFECTIVE MEANS DESIGNED TOMINIMIZE CONTACT WITH STORMWATER.3.PERMITTEES MUST STORE HAZARDOUS MATERIALS AND TOXIC WASTE, (INCLUDING OIL, DIESEL FUEL, GASOLINE, HYDRAULIC FLUIDS, PAINT SOLVENTS, PETROLEUM-BASED PRODUCTS, WOOD PRESERVATIVES,ADDITIVES, CURING COMPOUNDS, AND ACIDS) IN SEALED CONTAINERS TO PREVENT SPILLS, LEAKS OR OTHER DISCHARGE. STORAGE AND DISPOSAL OF HAZARDOUS WASTE MATERIALS MUST BE IN COMPLIANCE WITHMINN. R. CH. 7045 INCLUDING SECONDARY CONTAINMENT AS APPLICABLE.4.PERMITTEES MUST PROPERLY STORE, COLLECT AND DISPOSE SOLID WASTE IN COMPLIANCE WITH MINN. R. CH. 7035.5.PERMITTEES MUST POSITION PORTABLE TOILETS SO THEY ARE SECURE AND WILL NOT TIP OR BE KNOCKED OVER. PERMITTEES MUST PROPERLY DISPOSE SANITARY WASTE IN ACCORDANCE WITH MINN. R. CH. 7041.6.PERMITTEES MUST TAKE REASONABLE STEPS TO PREVENT THE DISCHARGE OF SPILLED OR LEAKED CHEMICALS, INCLUDING FUEL, FROM ANY AREA WHERE CHEMICALS OR FUEL WILL BE LOADED OR UNLOADEDINCLUDING THE USE OF DRIP PANS OR ABSORBENTS UNLESS INFEASIBLE. PERMITTEES MUST ENSURE ADEQUATE SUPPLIES ARE AVAILABLE AT ALL TIMES TO CLEAN UP DISCHARGED MATERIALS AND THAT ANAPPROPRIATE DISPOSAL METHOD IS AVAILABLE FOR RECOVERED SPILLED MATERIALS. PERMITTEES MUST REPORT AND CLEAN UP SPILLS IMMEDIATELY AS REQUIRED BY MINN. STAT. 115.061, USING DRY CLEAN UPMEASURES WHERE POSSIBLE.7.PERMITTEES MUST LIMIT VEHICLE EXTERIOR WASHING AND EQUIPMENT TO A DEFINED AREA OF THE SITE. PERMITTEES MUST CONTAIN RUNOFF FROM THE WASHING AREA IN A SEDIMENT BASIN OR OTHER SIMILARLYEFFECTIVE CONTROLS AND MUST DISPOSE WASTE FROM THE WASHING ACTIVITY PROPERLY. PERMITTEES MUST PROPERLY USE AND STORE SOAPS, DETERGENTS, OR SOLVENTS.8.PERMITTEES MUST PROVIDE EFFECTIVE CONTAINMENT FOR ALL LIQUID AND SOLID WASTES GENERATED BY WASHOUT OPERATIONS (E.G., CONCRETE, STUCCO, PAINT, FORM RELEASE OILS, CURING COMPOUNDS ANDOTHER CONSTRUCTION MATERIALS) RELATED TO THE CONSTRUCTION ACTIVITY. PERMITTEES MUST PREVENT LIQUID AND SOLID WASHOUT WASTES FROM CONTACTING THE GROUND AND MUST DESIGN THECONTAINMENT SO IT DOES NOT RESULT IN RUNOFF FROM THE WASHOUT OPERATIONS OR AREAS. PERMITTEES MUST PROPERLY DISPOSE LIQUID AND SOLID WASTES IN COMPLIANCE WITH MPCA RULES. PERMITTEESMUST INSTALL A SIGN INDICATING THE LOCATION OF THE WASHOUT FACILITY.PERMIT TERMINATION (SECTION 4 AND SECTION 13):1.PERMITTEES MUST SUBMIT A NOT WITHIN 30 DAYS AFTER ALL TERMINATION CONDITIONS LISTED IN SECTION 13 ARE COMPLETE.2.PERMITTEES MUST SUBMIT A NOT WITHIN 30 DAYS AFTER SELLING OR OTHERWISE LEGALLY TRANSFERRING THE ENTIRE SITE, INCLUDING PERMIT RESPONSIBILITY FOR ROADS (E.G., STREET SWEEPING) ANDSTORMWATER INFRASTRUCTURE FINAL CLEAN OUT, OR TRANSFERRING PORTIONS OF A SITE TO ANOTHER PARTY. THE PERMITTEES' COVERAGE UNDER THIS PERMIT TERMINATES AT MIDNIGHT ON THE SUBMISSIONDATE OF THE NOT.3.PERMITTEES MUST COMPLETE ALL CONSTRUCTION ACTIVITY AND MUST INSTALL PERMANENT COVER OVER ALL AREAS PRIOR TO SUBMITTING THE NOT. VEGETATIVE COVER MUST CONSIST OF A UNIFORM PERENNIALVEGETATION WITH A DENSITY OF 70 PERCENT OF ITS EXPECTED FINAL GROWTH. VEGETATION IS NOT REQUIRED WHERE THE FUNCTION OF A SPECIFIC AREA DICTATES NO VEGETATION, SUCH AS IMPERVIOUSSURFACES OR THE BASE OF A SAND FILTER.4.PERMITTEES MUST CLEAN THE PERMANENT STORMWATER TREATMENT SYSTEM OF ANY ACCUMULATED SEDIMENT AND MUST ENSURE THE SYSTEM MEETS ALL APPLICABLE REQUIREMENTS IN SECTION 15 THROUGH 19AND IS OPERATING AS DESIGNED.5.PERMITTEES MUST REMOVE ALL SEDIMENT FROM CONVEYANCE SYSTEMS PRIOR TO SUBMITTING THE NOT.6.PERMITTEES MUST REMOVE ALL TEMPORARY SYNTHETIC EROSION PREVENTION AND SEDIMENT CONTROL BMPS PRIOR TO SUBMITTING THE NOT. PERMITTEES MAY LEAVE BMPS DESIGNED TO DECOMPOSE ON-SITE INPLACE.7.FOR RESIDENTIAL CONSTRUCTION ONLY, PERMIT COVERAGE TERMINATES ON INDIVIDUAL LOTS IF THE STRUCTURES ARE FINISHED AND TEMPORARY EROSION PREVENTION AND DOWNGRADIENT PERIMETER CONTROLIS COMPLETE, THE RESIDENCE SELLS TO THE HOMEOWNER, AND THE PERMITTEE DISTRIBUTES THE MPCA'S "HOMEOWNER FACT SHEET" TO THE HOMEOWNER.8.FOR CONSTRUCTION PROJECTS ON AGRICULTURAL LAND (E.G., PIPELINES ACROSS CROPLAND), PERMITTEES MUST RETURN THE DISTURBED LAND TO ITS PRECONSTRUCTION AGRICULTURAL USE PRIOR TO SUBMITTINGTHE NOT.SEED NOTES:ALL SEED MIXES AND APPLICATION SHALL BE IN ACCORDANCE WITH THE MNDOT SEEDING MANUAL.GENERAL RECOMMENDATIONS:THE CONTRACTOR IS RESPONSIBLE TO SALVAGE AND PRESERVE EXISTING TOPSOIL NECESSARY FOR FINAL STABILIZATION AND TO ALSO MINIMIZE COMPACTION IN ALL LANDSCAPE AREAS. IMMEDIATELY BEFORE SEEDINGTHE SOIL SHALL BE TILLED TO A MINIMUM DEPTH OF 3 INCHES.TEMPORARY EROSION CONTROL SEEDING, MULCHING & BLANKET.SEED·TEMPORARY SEED SHALL BE MNDOT SEED MIX 21-112 (WINTER WHEAT COVER CROP) FOR WINTER AND 21-111 (OATS COVER CROP) FOR SPRING/SUMMER APPLICATIONS. BOTH SEED MIXES SHALL BE APPLIED AT ASEEDING RATE OF 100 LBS/ACRE.MULCH·IMMEDIATELY AFTER SEEDING, WITHIN 24 HOURS, MNDOT TYPE 1 MULCH SHOULD BE APPLIED TO PROTECT AND ENHANCE SEED GERMINATION. MULCH SHALL BE APPLIED AT 90% COVERAGE (2 TONS PER ACRE OFSTRAW MULCH)SLOPES·3:1 (HORIZ/VERT.) OR FLATTER MUCH SHALL BE COVERED WITH MULCH·SLOPES STEEPER THAN 3:1 OR DITCH BOTTOMS SHALL BE COVERED WITH EROSION CONTROL BLANKET.·SEE PLAN FOR MORE DETAILED DITCH AND STEEP SLOPE EROSION CONTROL TREATMENTS.ADOR BESPOKE HOMES350 HWY 7, SUITE 218EXCELSIOR, MN 55331CONTACT: TODD M. SIMNINGTODD@ADOR-HOMES.COM952-361-083276
CUNNINGHAM 2ND ADDITION
855 PLEASANT VIEW ROAD
CHANHASSEN, MN 55317
350 HWY 7, SUITE 218
EXCELSIOR, MN 55331
ADOR BESPOKE HOMES
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NISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:22085............3/18/2022CITY SUBMITTALDRAWN BY:REVIEWED BY:MSMP..............COPYRIGHT CIVIL SITE GROUP INC.c202244263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.03/18/22Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060REVISION SUMMARYDATEDESCRIPTIONSW1.4SWPPP - ATTACHMENTS............ATTACHMENT A: SITE SPECIFIC SWPPP DOCUMENTPROJECT NAME: CUNNINGHAM 2ND ADDITIONPROJECT LOCATION (BRIEFLY DESCRIBE WHERE CONSTRUCTION ACTIVITY OCCURS. INCLUDE ADDRESS IF AVAILABLE.)ADDRESS: 855 PLEASANT VIEW ROADCITY OR TOWNSHIP: CHANHASSENSTATE: MNZIP CODE: 55317LATITUDE/LONGITUDE OF APPROXIMATE CENTROID OF PROJECT: 44.88716 N, -93.54341 EMETHOD OF LAT/LONG COLLECTION (CIRCLE ONE): GPS ONLINE TOOL USGS TOPOGRAPHICALL CITIES WHERE CONSTRUCTION WILL OCCUR: CHANHASSENALL COUNTIES WHERE CONSTRUCTION WILL OCCUR: CARVERALL TOWNSHIPS WHERE CONSTRUCTION WILL OCCUR: N/APROJECT SIZE (NUMBER OF ACRES TO BE DISTURBED): 2.0PROJECT TYPE (CIRCLE ONE): RESIDENTIAL COMMERCIAL/INDUSTRIAL ROAD CONSTRUCTION RESIDENTIAL & RD CONSTRUCTION OTHER (DESCRIBE):CUMULATIVE IMPERVIOUS SURFACE (TO THE NEAREST TENTH ACRE)EXISTING AREA OF IMPERVIOUS SURFACE : 0.1POST CONSTRUCTION AREA OF IMPERVIOUS SURFACE: 0.4TOTAL NEW AREA OF IMPERVIOUS SURFACE: 0.3RECEIVING WATERSWATER BODY IDNAME OF WATER BODY WATER BODY TYPE SPECIAL WATER? (Y/N) IMPARIED WATER (Y/N)10-0006-0027-0137-0027-0136-0010-0007-10LOTUS LAKECHRISTMAS LAKESILVER LAKELUCY LAKELAKELAKELAKELAKENYYNYYYYDATES OF CONSTRUCTIONCONSTRUCTION START DATE: 03/24ESTIMATED COMPLETION DATE: 03/24GENERAL CONSTRUCTION PROJECT INFORMATIONDESCRIBE THE CONSTRUCTION ACTIVITY (WHAT WILL BE BUILT, GENERAL TIMELINE, ETC): LOT SPLIT, INSTALL PRIVATE STREETDESCRIBE SOIL TYPES FOUND AT THE PROJECT: LARGELY CLAY WITH VERY LOW HYDRAULIC CONDUCTIVITSITE LOCATION MAP - ATTACH MAPS (U.S. GEOLOGIC SURVEY 7.5 MINUTE QUADRANGLE, NATIONAL WETLAND INVENTORY MAPS OR EQUIVALENT) SHOWING THE LOCATION AND TYPE OF ALL RECEIVING WATERS, INCLUDINGWETLANDS, DRAINAGE DITCHES, STORMWATER PONDS, OR BASINS, ETC. THAT WILL RECEIVE RUNOFF FROM THE PROJECT. USE ARROWS SHOWING THE DIRECTION OF FLOW AND DISTANCE TO THE WATER BODY.SOILS INFORMATIONMAP UNITSYMBOLKBKILKENNY-LESTERMAP UNIT NAMEKCLESTER-KILKENNYKDLESTER-KILKENNYKD2LESTER-KILKENNYGENERAL SITE INFORMATION (III.A)1. DESCRIBE THE LOCATION AND TYPE OF ALL TEMPORARY AND PERMANENT EROSION PREVENTION AND SEDIMENT CONTROL BEST MANAGEMENT PRACTICIES (BMP'S). INCLUDE THE TIMING FOR INSTALLATION AND PROCEDURES USED TO ESTABLISHADDITIONAL TEMPORARY BMP'S AS NECESSARY. (5.5)THE PROJECT IS PROTECTED BY TWO (W) MAIN BMP'S AND SILT FENCE. THE SILT FENCE WILL BE INSTALLED AT THE DOWNHILL LOCATIONS OF THE SITE AND MONITORED AS NECESSARY. AS THE PROJECT PROGRESSES ADDITIONAL BMP'S SUCH AS EROSIONCONTROL BLANKET MAY BE UTILITZED.2. ATTACH TO THIS SWPPP A TABLE WITH THE ANTICIPATED QUANTITIES FOR THE LIFE OF THE PROJECT FOR ALL EROSION PREVENTION AND SEDIMENT CONTROL BMP'S (5.7). SEE PAGE SW1.33. ATTACH TO THIS SWPPP A SITE MAP THAT INCLUDES THE FOLLOWING FEATURES (5.9):EXIST AND FINAL GRADES, INCLUDING DIVIDING LINES AND DIRECTION OF FLOW FOR ALL PRE AND POST-CONSTRUCTION STORMRWATER RUNOFF DRAINAGE AREAS LOCATED WITHIN THE PROJECT LIMITS.LOCATIONS OF IMPERVIOUS SURFACES AND SOIL TYPES.·EXISTING AND FINAL GRADES, INCLUDING DIVIDING LINES AND DIRECTION OF FLOW FOR ALL PRE AND POST-CONSTRUCTION STORMWATER RUNOFF DRAINAGE AREAS LOCATED WITHIN PROJECT LIMITS.·LOCATIONS OF AREAS NOT TO BE DISTURBED.·LOCATION OF AREAS OF PHASED CONSTRUCTION.·ALL SURFACE WATERS AND EXISTING WETLANDS WITHIN ONE MILE FROM THE PROJECT BOUNDARIES THAT WILL RECEIVE STORMWATER RUNOFF FROM THE SITE (IDENTIFIABLE ON MAPS SUCH AS USGS 7.5 MINUTE QUADRANGLE MAPS OR EQUIVALENT.WHERE SURFACE WATERS RECEIVING RUNOFF ASSOCIATED WITH CONSTRUCTION ACTIVITY WILL NOT FIT ON THE PLAN SHEET, THEY MUST BE IDENTIFIED WITH AN ARROW, INDICATING BOTH DIRECTION AND DISTANCE TO THE SURFACE WATER.·METHODS TO BE USED FOR FINAL STABILIZATION OF ALL EXPOSED SOIL AREA4. WERE STORMWATER MITIGATION MEASURES REQUIRED AS THE RESULT OF AN ENVIRONMENTAL, ARCHAEOLOGICAL, OR OTHER REQUIRED LOCAL, STATE OR FEDERAL REVIEW OF THE PROJECT? NOIF YES, DESCRIBE HOW THESE MEASURES WERE ADDRESSED IN THE SWPPP. (5.16)N/A5. IS THE PROJECT LOCATED IN A KARST AREA SUCH THAT ADDITIONAL MEASURES WOULD BE NECESSARY TO PROJECT DRINKING WATER SUPPLY MANAGEMENT AREAS AS DESCRIBED IN MINN. R. CHAPTERS 7050 AND 7060? NOIF YES, DESCRIBE THE ADDITIONAL MEASURES TO BE USED. (SECTION 23)N/A6. DOES THE SITE DISCHARGE TO A CALCEREOUS FEN LISTED IN MINN. R. 7050.0180, SUBP. 6.B? NOIF YES, A LETTER OF APPROVAL FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES MUST BE OBTAINED PRIOR TO APPLICATION FOR THIS PERMIT.7. DOES THE SITE DISCHARGE TO A WATER THAT IS LISTED AS IMPARED FOR THE FOLLOWING POLLUTANT(S) OR STRESSOR(S): PHOSPHORUS, TURBIDITY, DISSOLVED OXYGEN OR BIOTIC IMPAIRMENT? USE THE SPECIAL AND IMPAIRED WATERS SEARCH TOOL AT:WWW.PCA.STATE.MN.US/WATER/STORMWATER/STORMWATER-C.HTMLYESIF NO, SKIP TO TRAININGDOES THE IMPAIRED WATER HAVE AN APPROVED TOTAL MAXIMUM DAILY LOADS (TMDL) WITH AN APPROVED WASTE LOAD ALLOCATION FOR CONSTRUCTION ACTIVITY? YESIF YES:A. LIST THE RECEIVING WATER, THE AREAS OF THE SITE DISCHARGING TO IT, AND THE POLLUTANT(S) IDENTIFIED IN THE TMDL.B. LIST THE BMP'S AND ANY OTHER SPECIFIC CONSTRUCTION STORMWATER RELATED IMPLEMENTATION ACTIVITIES IDENTIFIED IN THE TMDL.IF THE SITE HAS A DISCHARGE POINT WITHIN ONE MILE OF THE IMPAIRED WATER AND THE WATER FLOWS TO THE IMPAIRED WATER BUT NO SPECIFIC BMPS FOR CONSTRUCTION ARE IDENTIFIED IN THE TMDL, THE ADDITIONAL BMPS IN SECTION 23 MUST BEADDED TO THE SWPPP AND IMPLEMENTED (15.19). THE ADDITIONAL BMPS ONLY APPLY TO THOSE PORTIONS OF THE PROJECT THAT DRAIN TO ONE OF THE IDENTIFIED DISCHARGE POINTS.N/A8. IDENTIFY ADJACENT PUBLIC WATERS WHERE THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES (DNR) HAS DECLARED “WORK IN WATER RESTRICTIONS” DURING FISH SPAWNING TIMEFRAMESN/ASELECTION OF A PERMANENT STORMWATER MANAGEMENT SYSTEM (SECTION 15)1. WILL THE PROJECT CREATE A NEW CUMULATIVE IMPERVIOUS SURFACE GREATER THAN OR EQUAL TO ONE ACRE? YESIF YES, A WATER QUALITY VOLUME OF ONE INCH OF RUNOFF FROM THE CUMULATIVE NEW IMPERVIOUS SURFACES MUST BE RETAINED ON SITE (SEE 16.7 OF THE PERMIT) THROUGH INFILTRATION UNLESS PROHIBITED DUE TOONE OF THE REASONS IN ITEMS 16.4 THROUGH 16.21. IF INFILTRATION IS PROHIBITED IDENTIFY OTHER METHOD OF OTHER VOLUME REDUCTION (E.G., FILTRATION SYSTEM, WET SEDIMENTATION BASIN, REGIONAL PONDING OREQUIVALENT METHOD2. DESCRIBE WHICH METHOD WILL BE USED TO TREAT RUNOFF FROM THE NEW IMPERVIOUS SURFACES CREATED BY THE PROJECT:INCLUDE ALL CALCULATIONS AND DESIGN INFORMATION FOR THE METHOD SELECTED. SEE SECTION 23 OF THE PERMIT FOR SPECIFIC REQUIREMENTS ASSOCIATED WITH EACH METHOD.FILTRATION BASINSCALCULATIONS ARE WITHIN THE SITE STORM WATER MANAGEMENT REPORT AND PART OF THIS SWPPP AS ATTACHMENT D.3. IF IT IS NOT FEASIBLE TO MEET THE TREATMENT REQUIREMENT FOR THE WATER QUALITY VOLUME, DESCRIBE WHY. THIS CAN INCLUDE PROXIMITY TO BEDROCK OR ROAD PROJECTS WHERE THE LACK OF RIGHT OF WAYPRECLUDES THE INSTALLATION OF ANY PERMANENT STORMWATER MANAGEMENT PRACTICES. DESCRIBE WHAT OTHER TREATMENT, SUCH AS GRASSES SWALES, SMALLER PONDS, OR GRIT CHAMBERS, WILL BE IMPLEMENTEDTO TREAT RUNOFF PRIOR TO DISCHARGE TO SURFACE WATERS. (15.8)IT IS FEASIBLE TO MEET REQUIREMENT FOR WATER QUALITY VOLUME.4. FOR PROJECTS THAT DISCHARGE TO TROUT STREAMS, INCLUDING TRIBUTARIES TO TROUT STREAMS, IDENTIFY METHOD OF INCORPORATING TEMPERATURE CONTROLS INTO THE PERMANENT STORMWATER MANAGEMENTSYSTEM.N/AEROSION PREVENTION PRACTICES (SECTION 8.1)DESCRIBE THE TYPES OF TEMPORARY EROSION PREVENTION BMP'S EXPECTED TO BE IMPLEMENTED ON THIS SITE DURING CONSTRUCITON:1. DESCRIBE CONSTRUCTION PHASING, VEGETATIVE BUFFER STRIPS, HORIZONTAL SLOPE GRADING, AND OTHER CONSTRUCTION PRACTICES TO MINIMIZE EROSION. DELINEATE AREAS NOT TO BEDISTURBED (E.G., WITH FLAGS, STAKES, SIGNS, SILT FENCE, ETC.) BEFORE WORK BEGINS.SILT FENCE WILL BE INSTALLED AT ATHE DOWNHILL LOCATIONS OF THE SITE.2. DESCRIBE METHODS OF TEMPORARILY STABILIZING SOILS AND SOIL STOCKPILES (E.G., MULCHES, HYDRAULIC TACKIFIERS, EROSION BLANKETS, ETC.):TEMPORARY EROSION PROTECTION WILL BE SEED AND MULCH AND EROSION BLANKETS WHERE REQUIRED, WITH PERMANENT COVER BEING EITHER SOD OR LANDSCAPE FEATURES.3. DESCRIBE METHODS OF DISSIPATING VELOCITY ALONG STORMWATER CONVEYANCE CHANNELS AND AT CHANNEL OUTLETS (E.G., CHECK DAMS, SEDIMENT TRAPS, RIP RAP, ETC.):SOD WILL BE UTILIZED ALONG CHANNELS AND RIP RAP AT CHANNEL.4. DESCRIBE METHODS TO BE USED FOR STABILIZATION OF DITCH AND SWALE WETTED PERIMETERS (NOTE THAT MULCH, HYDRAULIC SOIL TACKIFIERS, HYDROMULCHES, ETC. ARE NOT ACCEPTABLESOIL STABILIZATION METHODS FOR ANY PART OF A DRAINAGE DITCH OR SWALE)FINAL STABILIZATION OF SWALES WILL BE SOD5. DESCRIBE METHODS TO BE USED FOR ENERGY DISSIPATION AT PIPE OUTLETS (E.G., RIP RAP, SPLASH PADS, GABIONS, ETC.)RIP RAP WILL BE UTILIZED AT PIPE OUTLETS6. DESCRIBE METHODS TO BE USED TO PROMOTE INFILTRATION AND SEDIMENT REMOVAL ON THE SITE PRIOR TO OFFSITE DISCHARGE, UNLESS INFEASIBLE (E.G., DIRECT STORMWATER FLOW TOVEGETATED AREAS):DISCONNECTED IMPERVIOUS AREA AND INFILTRATION AREAS WILL BE UTILIZED7. FOR DRAINAGE OR DIVERSION DITCHES, DESCRIBE PRACTICES TO STABILIZE THE NORMAL WETTED PERIMETER WITHIN 200 LINEAL FEET OF THE PROPERTY EDGE OR POINT OF DISCHARGE TOSURFACE WATER. THE LAST 200 LINEAL FEET MUST BE STABILIZED WITHIN 24 HOURS AFTER CONNECTING TO SURFACE WATERS AND CONSTRUCTION IN THAT PORTION OF THE DITCH HASTEMPORARILY OR PERMANENTLY CEASED FOR ALL DISCHARGES TO SPECIAL, IMPAIRED OR “WORK IN WATER RESTRICTIONS”. ALL OTHER REMAINING PORTIONS OF THE TEMPORARY OR PERMANENTDITCHES OR SWALES WITHIN 14 CALENDAR DAYS AFTER CONNECTING TO A SURFACE WATER, PROPERTY EDGE AND CONSTRUCTION IN THAT AREA HAS TEMPORARILY OR PERMANENTLY CEASED.N/A, NO DITCHES ON SITE8. DESCRIBE ADDITIONAL EROSION PREVENTION MEASURES THAT WILL BE IMPLEMENTED AT THE SITE DURING CONSTRUCTION (E.G., CONSTRUCTION PHASING, MINIMIZING SOIL DISTURBANCE,VEGETATIVE BUFFERS, HORIZONTAL SLOPE GRADING, SLOPE DRAINING/TERRACING, ETC.):OTHER EROSION CONTROL PRACTICES INCLUDE BUT ARE NOT LIMITED TO; MINIMIZING SITE EXPOSURE WHEN POSSIBLE.9. IF APPLICABLE, INCLUDE ADDITIONAL REQUIREMENTS IN APPENDIX A PART C.3 REGARDING MAINTAINING A 100-FOOT BUFFER ZONE OR INSTALLING REDUNDANT BMPS FOR PORTIONS OF THE SITETHAT DRAIN TO SPECIAL WATERS).N/A10. IF APPLICABLE, DESCRIBE ADDITIONAL EROSION PREVENTION BMPS TO BE IMPLEMENTED AT THE SITE TO PROTECT PLANNED FILTRATION AREASMINIMIZE SITE EXPOSURE IN AREAS ADJACENT TO FILTRATION AREAS.SEDIMENT CONTROL PRACTICIES (SECTION 9.1)DESCRIBE THE METHODS OF SEDIMENT CONTROL BMPS TO BE IMPLEMENTED AT THIS SITE DURING CONSTRUCTION TO MINIMIZE SEDIMENT IMPACTS TO SURFACE WATERS, INCLUDING CURB ANDGUTTER SYSTEMS1. DESCRIBE METHODS TO BE USED FOR DOWN GRADIENT PERIMETER CONTROL:SILT FENCE WILL BE INSTALLED AROUND THE ENTIRE PERIMETER OF THE SITE2. DESCRIBE METHODS TO BE USED TO CONTAIN SOIL STOCKPILES:SEED AND MULCH AS WELL AS EROSION CONTROL BLANKETS WILL BE UTILIZED AS NECESSARY3. DESCRIBE METHODS TO BE USED FOR STORM DRAIN INLET PROTECTION:N/A4. DESCRIBE METHODS TO MINIMIZE VEHICLE TRACKING AT CONSTRUCTION EXITS AND STREET SWEEPING ACTIVITIES:THE PROJECT WILL UTILIZE A ROCK CONSTRUCTION ENTRANCE.5. DESCRIBE METHODS, IF APPLICABLE, ADDITIONAL SEDIMENT CONTROLS (E.G., DIVERSION BERMS) TO BE INSTALLED TO KEEP RUNOFF AWAY FROM PLANNED INFILTRATION AREAS WHENEXCAVATED PRIOR TO FINAL STABILIZATION OF THE CONTRIBUTING DRAINAGE AREA:SILT FENCE TO BE INSTALLED IMMEDIATELY AFTER GRADING TO PROTECT INFILTRATION AREAS.6. DESCRIBE METHODS TO BE USED TO MINIMIZE SOIL COMPACTION AND PRESERVE TOP SOIL (UNLESS INFEASIBLE) AT THIS SITE:LIGHT TRACKED EQUIPMENT WILL BE USED, TOPSOIL WILL BE STRIPPED AND STOCKPILED7. DESCRIBE PLANS TO PRESERVE A 50-FOOT NATURAL BUFFER BETWEEN THE PROJECT'S SOIL DISTURBANCE AND A SURFACE WATER OR PLANS FOR REDUNDANT SEDIMENT CONTROLS IF A BUFFERIS INFEASIBLE:DOUBLE ROW OF SILT FENCE WILL BE INSTALLED ALONG WETLAND. PROJECT WILL NOT DISTURB WITHIN 50 FEET OF WETLAND PER CITY REQUIREMENT.8. DESCRIBE PLANS FOR USE OF SEDIMENTATION TREATMENT CHEMICALS (E.G., POLYMERS, FLOCCULANTS, ETC.) SEE PART 9.18 OF THE PERMIT:N/A9. IS THE PROJECT REQUIRED TO INSTALL A TEMPORARY SEDIMENT BASIN DUE TO 10 OR MORE ACRES DRAINING TO A COMMON LOCATION OR 5 ACRES OR MORE IF THE SITE IS WITHIN 1 MILE OF ASPECIAL OR IMPAIRED WATER?YESIF YES, DESCRIBE (OR ATTACH PLANS ) SHOWING HOW THE BASIN WILL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH SECTION 14.PROPOSED FILTRATION BASINS WILL SERVE AS TEMPORARY SEDIMENTS BASINS THAT WILL THEN BE CONVERTED TO PERMANENT FILTRATIONS BASINS.DEWATERING AND BASIN DRAINING (SECTION 10.1)1. WILL THE PROJECT INCLUDE DEWATERING OR BASIN DRAINING? NOIF YES, DESCRIBE MEASURES TO BE USED TO TREAT/DISPOSE OF TURBID OR SEDIMENT-LADEN WATER AND METHOD TO PREVENT EROSION OR SCOUR OF DISCHARGE POINTS (SEE 10.2 THROUGH10.4 OF THE PERMIT):N/A 2. WILL THE PROJECT INCLUDE USE OF FILTERS FOR BACKWASH WATER? NOIF YES, DESCRIBE HOW FILTER BACKWASH WATER WILL BE MANAGED ON THE SITE OR PROPERLY DISPOSED (10.5):N/AADDITIONAL BMP'S FOR SPECIAL WATERS AND DISCHARGES TO WETLANDS (SECTION 23.1)1. SPECIAL WATERS. DOES YOUR PROJECT DISCHARGE TO SPECIAL WATERS? YES2. IF PROXIMITY TO BEDROCK OR ROAD PROJECTS WHERE THE LACK OF RIGHT OF WAY PRECLUDES THE INSTALLATION OF ANY OF THE PERMANENT STORMWATER MANAGEMENT PRACTICES,THEN OTHER TREATMENT SUCH AS GRASSED SWALES, SMALLER PONDS, OR GRIT CHAMBERS IS REQUIRED PRIOR TO DISCHARGE TO SURFACE WATERS. DESCRIBE WHAT OTHER TREATMENTWILL BE PROVIDED.N/A3. DESCRIBE EROSION AND SEDIMENT CONTROLS FOR EXPOSED SOIL AREAS WITH A CONTINUOUS POSITIVE SLOPE TO A SPECIAL WATERS, AND TEMPORARY SEDIMENT BASINS FOR AREAS THATDRAIN FIVE OR MORE ACRES DISTURBED AT ONE TIME.DISCONNECTED IMPERVIOUS AREA AND INFILTRATION AREAS WILL BE UTILIZED4. DESCRIBE THE UNDISTURBED BUFFER ZONE TO BE USED (NOT LESS THAN 100 LINEAR FEET FROM THE SPECIAL WATER).LAND WILL NOT BE DISTURBED WITHIN 100 FEET OF THE SPECIAL WATER5. DESCRIBE HOW THE PERMANENT STORMWATER MANAGEMENT SYSTEM WILL ENSURE THAT THE PRE AND POST PROJECT RUNOFF RATE AND VOLUME FROM THE 1, AND 2-YEAR 24-HOURPRECIPITATION EVENTS REMAINS THE SAME.MODELING PERFORMED IN HYDROCAD, SEE ATTACHMENT D.6. DESCRIBE HOW THE PERMANENT STORMWATER MANAGEMENT SYSTEM WILL MINIMIZE ANY INCREASE IN THE TEMPERATURE OF TROUT STREAM RECEIVING WATERS RESULTING IN THE 1, AND2-YEAR 24-HOUR PRECIPITATION EVENTS.N/A7. WETLANDS. DOES YOUR PROJECT DISCHARGE STORMWATER WITH THE POTENTIAL FOR SIGNIFICANT ADVERSE IMPACTS TO A WETLAND (E.G., CONVERSION OF A NATURAL WETLAND TO ASTORMWATER POND)? NOIF YES, DESCRIBE THE WETLAND MITIGATION SEQUENCE THAT WILL BE FOLLOWED IN ACCORDANCE WITH SECTION 22 OF THE PERMT.N/AINSPECTIONS AND MAINTENANCE (SECTION 11.1)DESCRIBE PROCEDURES TO ROUTINELY INSPECT THE CONSTRUCTION SITE:·ONCE EVERY SEVEN (7) DAYS DURING ACTIVE CONSTRUCTION AND·WITHIN 24 HOURS AFTER A RAINFALL EVENT GREATER THAN 0.5 INCHES IN 24 HOURS, AND WITHIN (7) DAYS AFTER THATINSPECTIONS MUST INCLUDE STABILIZED AREAS, EROSION PREVENTION,AND SEDIMENT CONTROL BMP'S AND INFILTRATION AREAS.INSPECTOR WILL FOLLOW REQUIREMENTS SPECIFIED ABOVE AND FILL OUT "ATTACHMENT B - CONSTRUCTION STORMWATER INSPECTION CHECKLIST"1. DESCRIBE PRACTICES FOR STORAGE OF BUILDING PRODUCTS WITH A POTENTIAL TO LEACH POLLUTANTS TO MINIMIZE EXPOSURE TO STORMWATER:ALL BUILDING PRODUCTS WILL BE SEALED AND STORED IN A MANNER TO MINIMIZE EXPOSURE2. DESCRIBE PRACTICES FOR STORAGE OF PESTICIDES, HERBICIDES, INSECTICIDES, FERTILIZERS, TREATMENT CHEMICAL, AND LANDSCAPE MATERIALS:ALL LANDSCAPE TREATMENT CHEMICALS WILL BE SEALED AND STORED IN A MANNER TO MINIMIZED EXPOSURE3. DESCRIBE PRACTICES FOR STORAGE AND DISPOSAL OF HAZARDOUS MATERIALS OR TOXIC WASTE (E.G., OIL, FUEL, HYDRAULIC FLUIDS, PAINT SOLVENTS, PETROLEUM-BASED PRODUCTS,WOOD PRESERVATIVE, ADDITIVES, CURING COMPOUNDS, AND ACIDS) ACCORDING TO MINN. R. CH. 7045, INCLUDING RESTRICTED ACCESS AND SECONDARY CONTAINMENT:ALL HAZARDOUS WASTE WILL BE APPROPRIATELY DISPOSED OF OFF SITE ACCORDING TO LOCAL AND STATE LAWS.4. DESCRIBE COLLECTION, STORAGE AND DISPOSAL OF SOLID WASTE IN COMPLIANCE WITH MINN. R. CH. 7035:ALL CONSTRUCTION DEBRIS AND SOLID WASTER WILL BE APPROPRIATELY DISPOSED OF OFF SITE ACCORDING TO LOCAL AND STATE LAWS5. DESCRIBE MANAGEMENT OF PORTABLE TOILETS TO PREVENT TIPPING AND DISPOSAL OF SANITARY WASTES IN ACCORDANCE WITH MINN. R. CH. 7040:SANITARY AND SEPTIC SERVICES WILL BE PROVIDED TO WORKERS WITH PORTABLE FACILITIES MAINTAINED AS NEEDED BY THE PROVIDER.6. DESCRIBE SPILL PREVENTION AND RESPONSE FOR FUELING AND EQUIPMENT OR VEHICLE MAINTENANCE:EMPLOYEES WILL BE TRAINED IN TECHNIQUES DESIGNED TO MINIMIZE SPILLS. VEHICLES AND EQUIPMENT SHALL BE CHECKED FOR LEAKS.7. DESCRIBE CONTAINMENT AND DISPOSAL OF VEHICLE AND EQUIPMENT WASH WATER AND PROHIBITING ENGINE DEGREASING ON THE SITE:ALL CONSTRUCTION VEHICLES SHALL BE WASHED OFF SITE8. DESCRIBE STORAGE AND DISPOSAL OF CONCRETE AND OTHER WASHOUT WASTES SO THAT WASTES DO NOT CONTACT THE GROUND:ALL CONCRETE WASHOUT SHALL OCCUR OFF SITE.FINAL STABILIZATION (25.22)1. DESCRIBE METHOD OF FINAL STABILIZATION (PERMANENT COVER) OF ALL DISTURBED AREAS:FINAL STABILIZATION WILL BE ACCOMPLISHED WITH PAVEMENT, SOD AND LANDSCAPE MATERIALS.2. DESCRIBE METHODS USED TO CLEAN ALL STORMWATER TREATMENT SYSTEMS AND STORMWATER CONVEYANCE SYSTEMS OF ACCUMULATED SEDIMENT (25.22):CLEANING OF STORMWATER TREATMENT SYSTEMS SHALL BE DONE BY HAND SUCH AS THE USE OF A SHOVEL.3. DESCRIBE METHODS FOR REMOVING ALL TEMPORARY SYNTHETIC EROSION PREVENTION AND SEDIMENT CONTROL BMP'S:REMOVAL OF TEMPORARY SYNTHETIC EROSION PREVENTION AND SEDIMENT CONTROL BMP'S CAN BE DONE BY HAND AND PROPERLY DISPOSED OF.KE2LESTER-KILKENNYKFLESTER-KILKENNY77
CUNNINGHAM 2ND ADDITION
855 PLEASANT VIEW ROAD
CHANHASSEN, MN 55317
350 HWY 7, SUITE 218
EXCELSIOR, MN 55331
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NISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:22085............3/18/2022CITY SUBMITTALDRAWN BY:REVIEWED BY:MSMP..............COPYRIGHT CIVIL SITE GROUP INC.c202244263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.03/18/22Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060REVISION SUMMARYDATEDESCRIPTIONSW1.5SWPPP - ATTACHMENTS............ATTACHMENT B: SWPPP INSPECTION FORMATTACHMENT C: MAINTENANCE PLAN FOR PERMANENT STORM WATER TREATMENT SYSTEMNOTE: THIS INSPECTION REPORT DOES NOT ADDRESS ALL ASPECTS OF THE NATIONAL APOLLUTANT DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM (NPDES/SDS) CONSTRUCTION STORMWATER PERMIT (PERMIT) ISSUED ONAUGUST 1, 2018. THE COMPLETION OF THIS CHECKLIST DOES NOT GUARANTEE THAT ALL PERMIT REQUIREMENTS ARE IN COMPLIANCE; IT IS THE RESPONSIBILITY OF THE PERMITTEE(S) TO READ AND UNDERSTAND THE PERMITREQUIREMENTS.FACILITY INFORMATIONSITE NAME: SITE ADDRESS: PERMIT NUMBER:CITY: STATE: ZIP CODE:INSPECTION INFORMATIONINSPECTOR NAME: _______________________ PHONE NUMBER: _________________________ORGANIZATION/COMPANY MAN: _____________________________________________________DATE (MM/DD/YYYY): _____________________TIME: ____________ AM / PMIS THE INSPECTOR CERTIFIED IN SEDIMENT AND EROSION CONTROL AND IS IT DOCUMENTED IN THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP)?IS THIS INSPECTION ROUTINE OR IN RESPONSE TO A STORM EVENT:RAINFALL AMOUNT (IF APPLICABLE): ____________IS SITE WITHIN ONE AERIAL MILE OF SPECIAL OR IMPAIRED WATER THAT CAN POTENTIALLY RECEIVE DISCHARGE FROM THE SITE?IF YES, FOLLOW SECTION 23 AND OTHER APPLICABLE PERMIT REQUIREMENTSNOTE: IF N/A IS SELECTED AT ANY TIME, SPECIFY WHY IN THE COMMENT AREA FOR THAT SECTION.EROSION CONTROL REQUIREMENT (SECTION 8.1)1.ARE SOILS STABILIZED WHERE NO CONSTRUCTION ACTIVITY HAS OCCURRED FOR 14 DAYS (INCLUDING STOCKPILES)?(7 DAYS WHERE APPLICABLE, OR 24 HOURS DURING MINNESOTA DEPARTMENT OF NATURAL RESOURCES [DNR] FISHSPAWNING RESTRICTIONS)2.HAS THE NEED TO DISTURB STEEP SLOPES BEEN MINIMIZED?3.IF STEEP SLOPES ARE DISTURBED, ARE STABILIZATION PRACTICES DESIGNED FOR STEEP SLOPES USED?4.ALL DITCHES/SWALES STABILIZED 200' BACK FROM POINT OF DISCHARGE OR PROPERTY EDGE WITHIN 24 HOURS? (MULCH,HYDROMULCH, TACKIFIER, OR SIMILAR BEST MANAGEMENT PRACTICES [BMPS] ARE NOT ACCEPTABLE IN DITCHES/SWALESIF THE SLOPE IS GREATER THAN 2%)ARE APPROPRIATE BMP'S INSTALLED PROTECTING INLETS/OUTLETS?5.DO PIPE OUTLETS HAVE ENERGY DISSIPATION (WITHIN 24 HOURS OF CONNECTION)?6.IS CONSTRUCTION PHASING BEING FOLLOWED IN ACCORDANCE WITH THE SWPPP?7.ARE AREAS NOT TO BE DISTURBED MARKED OFF (FLAGS, SIGNS, ETC.)?COMMENTS:SEDIMENT CONTROL REQUIREMENTS (SECTION 9.1)1.ARE PERIMETER SEDIMENT CONTROLS INSTALLED PROPERLY ON ALL DOWN GRADIENT PERIMETERS?2.ARE APPROPRIATE BMPS INSTALLED PROTECTING INLETS, CATCH BASINS, AND CULVERT INLETS?3.IS A 50 FOOT NATURAL BUFFER PRESERVED AROUND ALL SURFACE WATERS DURING CONSTRUCTION?3.1.IF NO, HAVE REDUNDANT SEDIMENT CONTROLS BEEN INSTALLED?4.DO ALL ERODIBLE STOCKPILES HAVE PERIMETER CONTROL IN PLACE?5.IS THERE A TEMPORARY SEDIMENT BASIN ON SITE, AND IS IT BUILT AS REQUIRED IN SECTION 14 OF THE PERMIT?6.IS SOIL COMPACTION BEING MINIMIZED WHERE NOT DESIGNED FOR COMPACTION?7.IS TOPSOIL BEING PRESERVED UNLESS INFEASIBLE?8.IF CHEMICAL FLOCCULANTS ARE USED, IS THERE A CHEMICAL FLOCCULANT PLAN IN PLACE?COMMENTS:DISCLOSURES:·AFTER DISCOVERY, THE PERMIT REQUIRES MANY OF THE DEFICIENCIES THAT MAY BE FOUND ON SITE BE CORRECTED WITHIN A SPECIFIED PERIOD OF TIME. SEE PERMIT FOR MORE DETAILS.·THE PERMITTEE(S) IS/ARE RESPONSIBLE FOR THE INSPECTION AND MAINTENANCE OF TEMPORARY AND PERMANENT WATER QUALITY MANAGEMENT BMPS AS WELL AS EROSION PREVENTION AND SEDIMENT CONTROL BMPS UNTILANOTHER PERMITTEE HAS OBTAINED COVERAGE UNDER THIS PERMIT ACCORDING TO SECTION 3, OR THE PROJECT HAS MET THE TERMINATION CONDITIONS OF THE PERMIT AND A NOTICE OF TERMINATION HAS BEEN SUBMITTED TO THEMINNESOTA POLLUTION CONTROL AGENCY.Y N N/AY N N/A7 DAY RAINY NMAINTENANCE AND INSPECTIONS (SECTION 11)1.ARE ALL PREVIOUSLY STABILIZED AREAS MAINTAINING GROUND COVER?2.ARE PERIMETER CONTROLS MAINTAINED AND FUNCTIONING PROPERLY, SEDIMENT REMOVED WHEN ONE-HALF FULL?3.ARE INLET PROTECTION DEVICES MAINTAINED AND ADEQUATELY PROTECTING INLETS?4.ARE THE TEMPORARY SEDIMENT BASINS BEING MAINTAINED AND FUNCTIONING PROPERLY?5.ARE VEHICLE TRACKING BMPS AT SITE EXISTS IN PLACE AND MAINTAINED AND FUNCTIONING PROPERLY?6.IS ALL TRACKED SEDIMENT BEING REMOVED WITHIN 24 HOURS?7.HAVE ALL SURFACE WATERS, DITCHES, CONVEYANCES, AND DISCHARGE POINTS BEEN INSPECTED?8.WERE ANY DISCHARGES SEEN DURING THIS INSPECTION (I.E., SEDIMENT, TURBID WATER, OR OTHERWISE)?IF YES, RECORD THE LOCATION OF ALL POINTS OF DISCHARGE. PHOTOGRAPH AND DESCRIBE THE DISCHARGE (SIZE, COLOR, ODOR, FOAM, OIL SHEEN, TIME, ETC.).DESCRIBE HOW THE DISCHARGE WILL BE ADDRESSED. WAS THE DISCHARGE A SEDIMENT DELTA? IF YES, WILL THE DELTA BE RECOVERED WITHIN SEVEN DAYS ANDIN ACCORDANCE WITH ITEM 11.5 OF THE PERMIT?COMMENTS:Y N N/APOLLUTION PREVENTION (SECTION 12)1.ARE ALL CONSTRUCTION MATERIALS THAT CAN LEACH POLLUTANTS UNDER COVER OR PROTECTED?2.ARE HAZARDOUS MATERIALS BEING PROPERLY STORED?3.ARE APPROPRIATE BMPS BEING USED TO PREVENT DISCHARGES ASSOCIATED WITH FUELING AND MAINTENANCE OFEQUIPMENT OR VEHICLES?4.ARE ALL SOLID WASTES BEING PROPERLY CONTAINED AND DISPOSED OF?5.IS THERE A CONCRETE/OTHER MATERIAL WASHOUT AREA ON SITE AND IS IT BEING USED?6.IS THE CONCRETE WASHOUT AREA MARKED WITH A SIGN?7.ARE THE CONCRETE/OTHER MATERIAL WASHOUT AREAS PROPERLY MAINTAINED?COMMENTS:Y N N/AOTHER1.IS A COPY OF THE SWPPP, INSPECTION RECORDS, AND TRAINING DOCUMENTATION LOCATED ON THE CONSTRUCTIONSITE, OR CAN IT BE MADE AVAILABLE WITHIN 72 HOURS?2.HAS THE SWPPP BEEN FOLLOWED AND IMPLEMENTED ON SITE, AND AMENDED AS NEEDED?3.IS ANY DEWATERING OCCURRING ON SITE?IF YES, WHAT BMPS ARE BEING USED TO ENSURE THAT CLEAN WATER IS LEAVING THE SITE AND THE DISCHARGE IS NOTCAUSING EROSION OR SCOUR?4.WILL A PERMANENT STORMWATER MANAGEMENT SYSTEM BE CREATED FOR THIS PROJECT IF REQUIRED AND INACCORDANCE WITH SECTION 15 OF THE PERMIT (IF ADDING AN ACRE OR MORE OF NEW IMPERVIOUS SURFACE)?IF YES, DESCRIBE:5.IF INFILTRATION/FILTRATION SYSTEMS ARE BEING CONSTRUCTED, ARE THEY MARKED AND PROTECTED FROMCOMPACTION AND SEDIMENTATION?6.DESCRIPTION OF AREAS OF NON-COMPLIANCE NOTED DURING THE INSPECTION, REQUIRED CORRECTIVE ACTIONS, AND RECOMMENDED DATE OF COMPLETION OFCORRECTIVE ACTIONS:7.PROPOSED AMENDMENTS TO THE SWPPP:8.POTENTIOAL AREAS OF CUTURE CONCERN:9.ADDITIONAL COMMENTSY N N/AY N78
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COI.JNTY OF CARVER )
Kim T M City erk
Su
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bscribed and swpm te belore meilh auvotJlo-il ,zozz.
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t{6ry nryo*frrar
Notary Pu c doEfrtra ,g
I, Kim T. Meuwissen, being fust duly swom, on oath deposes that she is and was on
April7,2022, 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 ofConsider a request for
subdivision review for two lots and variances for the use ofa private street end a neck lot.
Zoned Singte.Family Residential GSD. Property Owner: Mary & Michael Meuwissen. 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.
79
Subject
Parcel
Obcl.lmer
This rnap is neither a legally Ecorded map nor a survey and is not intended to be used
as one. This map i5 a compilaton of recods, information and data located in vadous city,
county, state and federal oftces and other sources rcg6rding lhe area shown and is to
be used for .eterence pumoses only. The city doeJ not wanant that the Geographic
lniormation System (GlS) Oata used to prepare this map aae enor f.e€, and the Crty does
not represenl thal the GIS Data can be used for navigalronal, facking or any other
purpose requiring exacling measuremenl of distance or direction or preosion in the
depiction of geographic features. The preceding disclaimer is provided puBuanf to
Minnesotra Statutes 5466 03, Subd. 21 (2000), and the user of this map acknowledoes
that tie City shall not be liable for any damages, and expressly vraives all claims, and
agrees to delbnd, indemnify, and hold harmless the City from any and all claams brcught
by User, ib employees or agents, or third parties which anse out of the use/s access or
use of data prcvided.
ITAX_NAMET
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rNext RecordrrTAX_NAMEI
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oitclalmel
This map rs nerther a legally recorded map nor a survey and is not intended to be used
as one. This map is a @mpilation of rccords, information and data localed an vanous oty.
county, slate and federaloffces and other sources regan ang the area shorrn, and is to
be lsed br Elerence purPoses only. The Clty does not u€rant that the GeogEphic
lnbrmalion System (GlS) Data used to prepare this maP are eror free, and lhe City does
not represent that lhe GIS Oalia can b€ used for navrgalional, lracking or any oiher
purpGe requinng eracling measuremenl of clastance oa diection or precision in the
depiction ol geographic featules. The preceding disdaimer is p.ovrded pursuant to
Mihne6ota SlaM€s 5466 03, Subd. 21 (m00), and the us€I of this map ackno*iedg€s
that the Cfly shall not be liable for any (hmages. and e)Qressly {raaves all daims, and
agrces to dehnd. indemnit, and hold harmless the City from any and all claims baought
by User. its employees or agents, or thid panies which aise out ol the use/s access or
use of data provided.
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83
Affidavit of Publication
Southwest News Media
State of Minnesota)
y OF CHANHASSEN
SS.
MT
CARVER&HENNEPIN County of Carver )
COUNTIES
NOTICE OF PUBLIC
HEARING PLANNING
CASE NO.2022-02 Vera Kehl,being duly sworn on oath says that she is an authorized employee for the newspapers
NOTICE IS HEREBY n known as the Chaska Herald and the Chanhacsen Villager and has full knowledge of the facts
that the Chanhassen Plaanninn g
Commission will hold a public herein stated as follows:
hearing on Tuesday, March 1,
2022 at 7:00 p.m. in the Council A)These newspapers have complied with the requirements constituting qualification as a legal
Chambers in Chanhassen City newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
Hall, 7700 Market Blvd. The amended.
purpose of this hearing is to
I
consider a request for subdivision B)The printed public notice that is attached to this Affidavit and identified as No. S cl
review for two lots and variances was published on the date or dates and in the newspaper stated in the attached Notice and said
for the use ofn propertya
erty street and
a neck lot on located at Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
855 Pleasant View Road. Zoned the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
Single-Family Residential(RSF). inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
Property Owner:Mary&Michael and publication of the Notice:
Meuwissen.
Project documents for abcdel'ghijklmnopgrsl.uvwxyz
this request are available for
public review on the City's
website at wwwci_chanhassen.
mn.us/2022-02 or at City Hall By: / 4- i c ij
during regular business hours. Vera Kehl
All interested persons are invited
to attend this public hearing
and express their opinions with
respect to this proposal.
nGenerous,AICP
Subscribed and sworn before me on
BoSenior Planner
Email:bgenerous@ r
ci.chanhassen.mn.us
this day of (---e hvu 2022
Phone: 952-227-1131
Published in the Chanhassen
Villager on Thursday February
17 2022:No 4159) l Ey . ' A ,. ,._.`
f/ fN
LgURIE A HART dANN
otary Public 4 iVOTARY PUf3L!G MIN di S07A
MY COMMISSION EXPIRES 01/31/25
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch
Maximum rate allowed by law for the above matter 31.20 per column inch
Rate actually charged for the above matter 15.18 per column inch
84
Planning Commission Item
April 19, 2022
Item
775 and 731 W. 96th Street (Erhart Farm): Consider a Request for Rezoning
and Preliminary Plat to Add Two Lots to the Approved Preliminary Plat for the
Erhart Farm Development with a Variance from the Tree Replacement
Requirement
File No.Planning Case No. 2021-12A Item No: B.4
Agenda Section PUBLIC HEARINGS
Prepared By Bob Generous, Senior Planner
Applicant
Black Cherry Development, LLC
14500 Martin Drive, #3000
Eden Prairie, MN 55344
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage 117.14
Density 1.69 units per net acres (Phase 1)
Applicable
Regulations
Chapter 18, Subdivisions
Chapter 18, Division II, Section 18-22, Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
SUGGESTED ACTION
"The Chanhassen Planning Commission recommends City Council approve a request for rezoning
and preliminary plat to add two lots to the approved preliminary plat for the Erhart Farm
development with a variance from the tree replacement requirement on property located at 775 and
731 W. 96th Street subject to the conditions of the staff report, and adopts the Findings of Fact and
Recommendation."
SUMMARY
85
The applicant is requesting rezoning of a portion of the property from Agricultural Estate District (A2)
to Single-Family Residential District (RSF); subdivision approval to add two single-family lots to the
preliminary plat with variances from the tree replacement requirements. The applicant has added 1.08
acres with the parcel at the end of W. 96th Street (731 W. 96th Street).
BACKGROUND
On October 25, 2021, City Council approved a Development Contract for Grading for the project to
permit the developer to initiate site grading and tree removal in preparation for the infrastructure
improvements for the development.
On August 9, 2021, City Council approved:
1. The ordinance rezoning the development from Agricultural Estate District (A2) to Single-Family
Residential District (RSF) (Blocks 1 and 2);
2. Preliminary plat with variances for street width, front yard setback (Lot 1, Block 1), wetland
setback (Lot 1, Block 1) and street frontages (Lots 3 thru 9, Block 1)
DISCUSSION
The applicant is proposing a 24 lot, eight outlot subdivision with dedication of public right-of-way.
Except for Outlots A and B, which will be preserved for permanent open space, the outlots will be
developed in the future through another subdivision review process. With this development, the
applicant will relocate and construct a permanent lift station to serve this area, the future connection of
homes along W. 96th Street, and the existing homes along Eagle Ridge Road. The development will
also connect Eagle Ridge Road and W. 96th Street. Future phases of the development will be connected
via a collector road to Powers Boulevard and local roads to the Pioneer Hills neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the rezoning of the
development from Agricultural Estate District (A2) to Single-Family Residential District (RSF);
preliminary plat with variances for tree replacement requirements, plans prepared by Alliant
Engineering dated March 22, 2022, subject to the conditions of the staff report, and adopt the Findings
of Fact and Recommendation.
ATTACHMENTS
Staff Report
Findings of Fact and Recommendation
Development Review Application
Narrative
Preliminary Plat
Landscape Plan Update
County PW Review Comments
Affidavit of Mailing
86
CITY OF CHANHASSEN
PC DATE: April 19, 2022
CC DATE: May 9, 2022
REVIEW DEADLINE: May 17, 2022
CASE #: 2021-12A
BY: RG, EH, JR, DN, JS, ET
SUMMARY OF REQUEST: The applicant is requesting an amendment to the preliminary plat
to add two lots to the approved preliminary plat for the Erhart Farm development with a variance
from the tree replacement requirement and rezone the additional parcel to RSF. The applicant
has added 1.08 acres with the parcel at the end of West 96th Street.
LOCATION:775 West 96th Street and 731 W. 96th Street
APPLICANT:Black Cherry Development, LLC
9611 Meadowlark Lane
Chanhassen, MN 55317
PRESENT ZONING: Agricultural Estate District (A2)
2020 LAND USE PLAN: Residential Low Density (net density 1.2 –4 units per acre)/Office
(Western 13 acres)
ACREAGE: 117.14 acres DENSITY: 1.69 units per net acres (Phase 1)
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends that City Council approve the amended
preliminary plat with a variance for the tree replacement requirements subject to the conditions of
the staff report, amend the rezoning to include the additional parcel, and adopt the Findings of Fact
and Recommendation.”
87
Erhart Farm – 775 and 731 W. 96
th Street
April 19, 2022
Page 2
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.
The City’s discretion in approving or denying a preliminary plat is limited to whether or not the
proposed plat meets the standards outlined in the Subdivision Regulations and Zoning
Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a
quasi-judicial decision.
The City’s discretion in approving or denying a Variance in conjunction with a subdivision is
limited to whether or not the proposed project meets the standards in the Subdivision Ordinance
for a variance. The City has a relatively high level of discretion with a variance because the
applicant is seeking a deviation from established standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting rezoning of a portion of the property from Agricultural Estate
District, A2, to Single-Family Residential District, RSF; subdivision approval to add two single-
family lots to the preliminary plat with variances from the tree replacement requirements. The
applicant has added 1.08 acres with the parcel at the end of West 96th Street (731 W. 96
th St.).
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Chapter 20, Article XII, “RSF” Single-Family Residential District
BACKGROUND
On October 25, 2021, City Council approved a grading development contract for the project to
permit the developer to initiate site grading and tree removal in preparation for the infrastructure
improvements for the development.
On August 9, 2021, City Council approved:
The ordinance rezoning the development from Agricultural Estate District (A2) to Single-
Family Residential District (RSF) (Blocks 1 and 2);
Preliminary plat with variances for street width, front yard setback (Lot 1, Block 1), wetland
setback (Lot 1, Block 1) and street frontages (Lots 3 thru 9, Block 1).
88
Erhart Farm – 775 and 731 W. 96
th Street
April 19, 2022
Page 3
On January 25, 2021, City Council approved the Interim Use Permit to allow site grading to
create an open water wetland. The project began this winter, but due to warm weather, could not
be completed.
On August 14, 2020, the City Council approved the adjustment to the Bluff Creek Overlay
District (BCOD) Primary Zone boundary to encompass the additional 3+ acre area adjacent to
Highway 212 in Outlot G. (Planning Case #2020-13)
On July 7, 2020, the City of Chanhassen received a complete Wetland Delineation Report for the
property and a Notice of Application was sent on July 15, 2020. The on-site Technical
Evaluation Panel (TEP) was held on July 29, 2020 in order to review the wetland boundaries and
types. The wetland types that were delineated on the property were Types 1, 2, 3, 5, and 6. The
TEP and Local Government Unit (LGU) concurred with the boundaries and types and the Notice
of Decision was issued on August 8, 2020.
As part of the 2040 Comprehensive Plan adopted on February 10, 2020, the City approved a
three acre Land Use amendment from Residential Low Density to Office in the western portion
of the parcel encompassing the area adjacent to Highway 212 in Outlot G.
In 2008, as part of the City’s 2030 Comprehensive Plan, the City approved a Land Use
amendment of the westerly 10 acres of the property from Residential-Low Density to Office.
On October 23, 2006, City Council approved Wetland Alteration Permit #06-32 for the
construction of an access road and stormwater pond. The wetland mitigation for this is located
in Outlot G north of the large wetland complex
On July 10, 1995, City Council approved the preliminary and final plat of Butternut Ridge
Addition, Subdivision #95-9, creating one lot and one outlot. This subdivision permitted the
property owner to sell the 2½-acre home site on the property and keep the balance of the site for
the owner’s personal use and future development. The property owner still owns the home on
the property.
EXISTING CONDITIONS
The developer provided an existing condition survey of the entire 117-acre property which
included the field surveyed area of approximately 20 acres proposed to be developed (all of
Block 1, and portions of Outlots A, B, C, D, E and F, and all newly dedicated right-of-way) and
is in general conformance with the requirements of Sec. 18-40. The remaining 117 acres not
surveyed will be field surveyed at the time of future development.
A single-family residence with a barn exists within the proposed development and is proposed to
remain as it was original platted with the Butternut Ridge Addition in 1995 (Lot 1, Block 1). As
such, the developer is not proposing to vacate the public drainage and utility easements (DUE)
associated with the existing residence; further discussion regarding this DUE can be found under
89
Erhart Farm – 775 and 731 W. 96
th Street
April 19, 2022
Page 4
the “Drainage and Utility Easements”section of this report. All other recorded public DUE
within the platted area, along with all other easements identified, must be vacated before, or
concurrently with, the recording of final plat. The easements to be vacated include, but may not
be limited to, those identified on the existing conditions survey (per document numbers;
A186881, A509111, A94210, A651406, etc.). Additionally, the developer will be required to
obtain any necessary right-of-way easements for the extension of 96th Street from abutting
properties. Also, the driveway to any existing residence must be surfaced with bituminous,
concrete or other hard surface materials in accordance with Sec. 20-1122 of City Ordinance.
A wooden bridge structure located within Outlot B in the conveyance channel between Wetland
2 and Wetland 3 near Lot 5, Block 1 was observed during the City of Chanhassen’s SWPPP
inspections. A dock was also observed on the west edge of Wetland 3. The bridge structure and
dock shall be added to the existing conditions survey. No documentation for the bridge structure
was submitted as part of the proposed subdivision. Bridge rating, as-builts, and a water-crossing
permit from the Riley Purgatory Bluff Creek Watershed District (RPBCWD) will be required if
the bridge is to remain in place. Without further documentation, the City cannot verify the bridge
will be safe for citizens and maintenance crossings as Outlot B will be owned by the City.
SITE CONSTRAINTS
Wetland Protection
There is are multiple wetlands located on the property.
Bluff Creek Overlay District
Outlot G is bisected by the Bluff Creek Primary Zone.
Bluff Protection
There are no bluffs on the property.
Shoreland Management
The property is not located within a Shoreland Overlay district.
Floodplain Overlay
This property is not within a floodplain
REZONING
The existing zoning of the property, Agricultural Estate District, is not consistent with the Land
Use designation of the property, Residential Low Density. The Comprehensive Plan allows less
90
Erhart Farm – 775 and 731 W. 96
th Street
April 19, 2022
Page 5
intensive land uses to remain in place. However, any approval by the City for development of
the property must be consistent with the Comprehensive Plan.
The following zoning districts are consistent with a Residential Low Density land use:
RSF (Single-Family Residential), R4 (Mixed Low Density), RLM (Residential Low and Medium
Density), or PUD-R (Planned Unit Development Residential).
The proposed rezoning to Single-Family Residential District (RSF) is consistent with the
Comprehensive Plan Land Use designation. The RSF District is the most appropriate zoning
district to rezone this property since it is the primary zoning for single-family residential
properties, is a standard zoning district that permits only single-family homes, and is the zoning
approved for the balance of the subdivision.
While the R4 District permits single-family homes, it also permits twin homes that would be
inconsistent with the surrounding development. The RLM District permits single-family homes,
as well as twin homes, townhouses and attached housing, but the RLM District also requires that
large areas of upland are preserved or created as permanent open space to balance the higher
hard surface coverage permitted on the individual lots. Finally, the PUD-R District can be
created for a single-family subdivision, but the ordinance requires that the use of the PUD zoning
also allows for a greater variety of uses, internal transfers of density, construction phasing and a
potential for lower development costs. In exchange for this enhanced flexibility, the City has the
expectation that the development plan will result in a significantly higher quality and more
sensitive proposal than would have been the case with the use of other, more standard zoning
districts.
The proposed rezoning assists in the furtherance of the following land use goals of the City of
Chanhassen Comprehensive Plan:
Development will be encouraged within the MUSA line.
The plan should seek to establish sufficient land to provide a full range of housing
opportunities.
Development should be phased in accordance with the ability of the City to provide
services.
The proposed rezoning assists in the furtherance of the following housing goals of the City of
Chanhassen Comprehensive Plan:
A balanced housing supply with housing available for people of all income levels.
A variety of housing types for people in all stages of the life-cycle.
Staff is recommending the rezoning to RSF be approved.
91
Erhart Farm –775 and 731 W. 96th Street
April 19, 2022
Page 6
SUBDIVISION
The applicant is proposing a 24 lot, eight outlot subdivision with dedication of public right-of-
way. Except for Outlots A and B, which will be preserved for permanent open space, the outlots
will be developed in the future through another subdivision review process.
Preliminary Plat
STREETS
The proposed subdivision has access to public right-of-way via Eagle Ridge Road to the north
and 96th Street to the south. The subdivision to the north, Foxwood, was required to construct
Eagle Ridge Road as a minor collector, which terminated at a temporary cul-de-sac. The
developer of the current subdivision, Erhart Farms, must remove the temporary cul-de-sac and
restore the area. The developer will be provided as reimbursement for the removal of the
temporary cul-de-sac the $33,750.00 escrow which was collected from Foxwood for the removal
work along with work associated with extending the street and sidewalk at this location. Eagle
Ridge Road will ultimately extend to Powers Boulevard as development continues to the west of
the proposed subdivision. Eagle Ridge Road, a minor collector in the City’s roadway network, is
designed to provide a mixture of mobility and access and serves a vital role by routing traffic
from the local roads and funneling them to the arterial network. The proposed subdivision, along
with the future additions, are bound by Powers Boulevard to the west and CSAH 101 to the east,
which are both minor arterials. The proposed Erhart Farms subdivision has provided plans for
the extension of Eagle Ridge Road along with providing access from the south via the extension
of 96th Street, which gives secondary access to both the newly proposed development and the
existing Foxwood development. The developer has provided a “ghost plat” of the future
92
Erhart Farm –775 and 731 W. 96th Street
April 19, 2022
Page 7
development, which conceptually takes into account the connection of Eagle Ridge Road to
Powers Boulevard, highlighted in purple and seen below:
The ghost plat of the future subdivisions adequately illustrates the nature and character required
of the minor collector by providing an equal mixture of mobility and access similar to its
predecessor, Foxwood. Foxwood was approved with a driveway-to-road-length of 1.3 driveways
for every 100 feet of road; the proposed Erhart Subdivision’s ghost plat illustrates a concept of
1.2 driveways for every 100 feet of road.
A majority of the streets and their rights-of-way are proposed to meet City standards,however
the small ring road abutting Outlot A, “Eagle Ridge Way”, is proposed to be a 26.5-foot-wide
back-of-curb to back-of-curb design within a standard 60-foot right-of-way. The variance from
the City’s 31-foot-wide street standard was requested by the developer in order to reduce
impervious surface and save additional trees. As this will be a single loaded road with homes on
only one side of the road, staff finds that the variance regarding the street width is acceptable,
with all other street section standards being adhered to. Additionally, the applicant is proposing
“No Parking” on one side of Eagle Ridge Way, which will require the width to be updated to 26
feet from face-of-curb to face-of-curb which is 12 inches from back-of-curb with the
surmountable curb design.
When the previously approved preliminary plat was submitted, staff originally proposed a
recommendation to require a sidewalk along “Eagle Ridge Way” in order to promote pedestrian
safety due to the variance request for a narrower street width, however this recommendation was
not required in the final order of the previous preliminary plat request for the subdivision.Per
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City Ordinance, all sidewalks are to be maintained by the abutting property owner. As the
majority of the sidewalk proposed with this subdivision abuts Outlots, it will be the
responsibility of the owner of these Outlots to maintain the sidewalks, which includes snow and
ice removal.
The previously approved preliminary plat illustrated street designs that would be stubbed out for
future road extensions when the property to the west develops. These stub outs were required to
be wholly incorporated in the right-of-way boundary on the plat. Additionally, “Future Street
Extension” signs attached to barricades were required to be installed at these locations. The
updated preliminary and final plats provided show these updates for all but one location – the
southern intersection of Eagle Ridge Road and Eagle Ridge Way. Final plans must be updated
accordingly, at a minimum the barricade and “Future Street Extension” sign must be installed.
The preliminary and final plat and associated construction plans were sent to Carver County for
the development and the County responded with a review memo dated January 10, 2022. All
comments and requirements set forth by the County must be addressed prior to the City
considering approval of the final plat.
DRAINAGE AND UTILITY EASEMENTS
The preliminary and final plat provided illustrates mostly typical public drainage and utility
easements (DUE) along the proposed subdivision’s lot lines with five foot DUE along the side
and rear lot lines and 10 foot DUE along the front lot lines. Rear lot lines on Lots 1-16, Block 1
are atypical to accommodate proposed wetland buffers, conservation easements and stormwater
improvements. DUE abutting the side lot lines of Lots 13 and 14, Block 1 are five feet wider
than the typical 5-foot side lot DUE (a total of 20 feet wide between the two lots), and DUE in
the rear yard of Lots 16 and 17 are 20 feet wide; these widths are required in order to provide
adequate access for maintenance purposes to the storm sewer system and its appurtenances.
However, access to the large stormwater facility which is partially located on Outlot C and
partially located on Lots 14, 15, and 16, Block 1 needs to be addressed as further discussed in
this report under “Stormwater Management” of this report. Ideally, the stormwater facility
would be wholly encompassed within an Outlot, along with the maintenance access route to the
facility which is necessary to maintain the BMP. By including the access route within an Outlot,
the route would be protected in perpetuity from encroachments and would require that the City
maintain the area to ensure adequate ingress/egress. Regardless if the BMP is encompassed by
public DUE or an Outlot, the boundaries must encompass an area that is a minimum of one foot
higher than the 100-year HWL in order to provide resiliency.
The preliminary and final plat also illustrate wider areas of DUE between Lots 1 and 2 and Lots
3 and 4, Block 1. These were shown to facilitate stormwater conveyance systems which were
proposed to collect stormwater from the impervious surfaces associated with these lots and route
it to the public system in the street. Staff finds that these DUE may not be necessary if the
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stormwater conveyance is redesigned to a more typical draintile conveyance method as allowed
through current City Specifications and Detail Plates. If feasible, the final plans and final plat
shall be updated accordingly.
While DUE was platted in association with Lot 1, Block 1 of the Butternut Ridge Addition
which is being proposed to remain during this phase of the Erhart Farms development, there is
no DUE connecting the Butternut Ridge lot to the DUE or right-of-way being dedicated with the
Erhart Farms subdivision. Without a contiguous connection of DUE there would be no viable
route for extending utilities to the lot. The applicant must update the final plat to include DUE
that facilitates a contiguous connection between the newly dedicated DUE or right-of-way with
Erhart Farms and the existing Block 1 Lot 1 of Butternut Ridge.
The applicant is proposing to encompass the future public sanitary sewer lift station, discussed in
more detail under the “Sanitary Sewer and Water Mains” section of this report, with DUE within
Outlot F. In order for the City to best maintain such a critical public facility, the lift station
needs be placed in an Outlot that the City will own and maintain in perpetuity. This Outlot
should extend to the southernmost property line based on the current proposed location and
dedication will be required with the recording of the final plat.
GRADING AND DRAINAGE
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Grading
A portion of the property was issued Interim Use Permit #2021-03 (IUP) on December 4, 2020
by City Council for grading operations, with an amendment and extension being approved on
October 21, 2021. This IUP was requested for the dredging of Wetland 2, north of the
subdivision. All terms and conditions of the IUP shall remain in effect until the permit is
terminated. While the IUP did not directly impact any of the proposed improvements associated
with the Erhart Farms subdivision proposal, there are spoils from the wetland dredging that will
be required to be removed entirely from areas where public improvements are proposed with this
subdivision. Wetland soils, or hydric soils, are typically high in organic materials and do not lend
themselves to suitable engineering fill.
On October 25, 2021 the City Council approved a development contract for grading purposes
(Grading DC) along with the Erhart Farms Phase 1 Mass Grading and Tree Removal Plan dated
October 13, 2021, contingent upon updates based on the conditions of the Grading DC. The
request for the Grading DC was made by the developer in order to begin mass grading and tree
clearing operations while the final plat and final construction plans were being finalized. While
tree clearing operations in association with the Tree Removal Plan were initiated, no mass
grading has yet occurred in association with the Erhart Farms Phase 1 Mass Grading plans. In
order to efficiently and more effectively administer the requirements of the Erhart Farms
development, staff is recommending consolidating the approved October 25, 2021 Grading DC
along with all of its applicable conditions with the Development Contract required to be entered
into upon approval of the final plat for Erhart Farms. The applicable conditions previously
approved with the Grading DC purposes are enumerated under the “Applicable
Recommendations from Approved Development Contract for Grading Purposes Passed by City
Council 10/25/2021” section of this report.
The developer is proposing to mass grade a majority of the site in order to construct the public
streets, house pads and stormwater management areas. However, Lots 4-10, Block 1 are being
proposed to be custom graded, which will be completed during the building permit phase.
Nonetheless, the grading plans adequately illustrate the feasibility of the custom graded lots in
association with the mass grading plans provided. As such the custom graded lots are acceptable
and the approach can be approved in accordance with City Ordinances.
While the grading plans are in general conformance with City Ordinances, there are multiple
driveways that are proposed to be near the maximum 10% allowed by Ordinance. Plans will be
required to show top of curb elevations at the centerline of each driveway to ensure that
individual building permits for each lot are in conformance with the plans and do not require
variances from the 10% maximum. Additionally, the developer’s engineer shall ensure that the
maximum driveway grades shown on the plan are calculated such that a 10-foot landing is
provided where the driveway connects to the street and a 5- to 10-foot landing is provided at the
garage. The recommended grade at these landing locations is 3%.
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A geotechnical report with soil borings conducted by Haugo Geotechnical Services, dated
May 22, 2021 was provided by the developer. A geotechnical engineering firm shall be on-site
during grading operations to ensure the City’s Standard Specifications and Detail Plates are
adhered to along with any Minnesota Building Code requirements. If groundwater is
encountered during grading,the grades shall be adjusted to maintain a 3-foot separation from the
bottom floor elevation and adhering to the recommendations of the soil engineer on site.
Changes to grades shall be submitted to the City for review and approval.
Drainage and Storm Sewer
The proposed project area is bounded by
wetlands on the northern and western
sides. In the existing condition,
stormwater runoff generally flows from
the southwest to the northeast with the
majority of stormwater outletting to
Wetland 3. The proposed condition
maintains the existing drainage patterns.
The proposed design uses a storm sewer
trunk-line to collect and convey the
majority of the sites stormwater to a
combination wetpond/infiltration basin
best management practice (BMP) which
treats the stormwater before it discharges
to Wetland 3.
The proposed design also incorporates a
small filtration basin BMP located on
Lots 2 and 3, Block 1. The filtration
BMP treats stormwater before it drains to
Wetland 2. This BMP will be privately
owned and maintained, and as such will
be required to have an Operation and
Maintenance Agreement executed and
recorded concurrently with the final plat.
The development plans show storm sewer pipes, including draintile, with slopes less than 0.50%.
Pipes with shallow slopes are difficult to construct and can cause issues with future maintenance
because storm sewer velocities are not adequate for cleaning. Pipe slopes over 0.50% are
recommended in areas not restricted by elevation.
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RETAINING WALLS
The developer is proposing one retaining wall within the subdivision which will be wholly
located on Lot 8, Block 1. The wall is proposed to have a height of over four feet and must be
privately owned and maintained. Walls over four feet in height shall be constructed in
accordance with plans prepared by a registered engineer and shall be constructed of a durable
material (smooth face concrete, masonry/mortared, railroad ties and timber are prohibited). As
this wall is located within a lot that is proposed to be custom graded, construction plans
associated with the wall be reviewed and approved during the building permit process.
EROSION PREVENTION AND SEDIMENT CONTROL
The development will exceed one (1) acre of land disturbance and will, therefore, be subject to
the General Permit Authorization to Discharge Stormwater Associated with Construction
Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES
Construction Permit). Additionally, an Erosion and Sediment Control Plan (ESCP) in
accordance with Section 19-145 of City Ordinance shall be submitted for the grading operations
of the subdivision. The developer provided an ESCP along with a Stormwater Pollution
Prevention Plan (SWPPP) which were approved by the City in conjunction with the Grading DC
as mentioned previously under the “Grading” section of this report. As previously mentioned,
the approval of the Grading DC was contingent upon updates based on the conditions of the
approval. These conditions, which are being recommended to be incorporated as part of the
development contract required for the subdivision, require that updates to the SWPPP and ESCP
be provided prior to grading operations commencing.
SANITARY SEWER AND WATER MAIN
The subdivision has access to a 12” C900 PVC trunk water main that was extended by the
development to the north (Foxwood). This trunk main will eventually be looped to a 16” trunk
main within Powers Boulevard when the property to the west develops. As such, the developer
will be required to extend the 12” trunk water main and the City will reimburse the developer for
the cost of oversizing this extension along with its appurtenances as an 8” main would have been
sufficient in supplying the subdivision’s water demand. The 12” trunk main will follow the
street corridor to the south within Eagle Ridge Road as it will eventually connect to a future
water tower location within the future subdivisions as guided for in the 2040 Comprehensive
Plan. Water main stubs will be provided for future extensions when the property to the west
develops, along with a stub leading towards 96th Street. Any wells located on the property to be
developed must be properly abandoned.
A temporary lift station was installed by the Foxwood development to the north in order to
provide sanitary service for that subdivision. It was anticipated when future development to its
south (i.e. the currently proposed Erhart Farms subdivision) occurred the temporary lift station
would be removed and gravity sanitary sewer would be constructed to a planned permanent lift
station on Powers Boulevard in accordance with the 2040 Comprehensive Plan. The developer
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and their engineer have been working with staff since the pre-application meeting to determine
the feasibility of abandoning the temporary lift station and constructing a new permanent lift
station located near Outlot F abutting 96th Street rather than constructing the gravity system to
Powers Boulevard. The City reviewed this proposal as it would eventually eliminate Lift Station
20 at the end of 96th Street which, when build-out of the area is complete, would not increase the
net number of lift stations the City owns and maintains. After iterations of reviews and meetings
between the City and the developer and their engineers, it was determined that this approach is
feasible. The lift station has been preliminarily designed to accommodate sewerage flows from
Foxwood, the proposed Erhart Farms subdivision, the future Erhart Farms subdivision(s), and
96th Street. The 96th Street area was analyzed based on its current zoning and the possible
maximum units per acre if the area developed. As the lift station will facilitate sewerage flows
from areas not required by the development (i.e. flows from 96th Street and its potential future
build-out and the potential of a lot split at 9199 Eagle Ridge Road), the City will reimburse the
developer a proportion of the cost to construct the lift station based on sewerage flows (i.e.
residential units) along with reimbursement for the cost of stubbing out the sewer to 96th Street.
The proportion was calculated to be 71% the Developer’s cost and 29% the City’s, as follows:
Because the developer will be responsible for the portion of Foxwood’s sewerage flows, the
$48,725.04 collected from the Foxwood development for the future build-out of a permanent lift
station will be reimbursed to the developer, along with the $10,000.00 escrow that was obtained
from the Foxwood development for the abandonment of the temporary lift station. The
developer and their engineers will be required to continue to work with staff in the final
construction plans and details of the proposed lift station along with its location. Items such as
the electrical and control panels for the lift station, SCADA pole location and path checks, final
details regarding the size and layout of the access, exact location of the force main, a detailed
breakdown of the costs of the lift station, and other construction related items associated with the
lift station still require finalization prior to approval of 100% construction plans. Staff has
provided the applicant and their design team construction related comments based on the most
recent submittal received to date which are the plans dated 10/17/2021 received with the
December 2021 submittal. Additionally, as the proposed force main will be located on a large
section of fill where the existing lift station is to be abandoned, a geotechnical engineer’s
recommendation on proper backfill and compaction techniques must be provided.
Lastly, as the extension of the utilities are from the Foxwood development and the City has yet to
accept these utilities for public ownership and maintenance, issuance of a Notice to Proceed for
utility work cannot be granted for the proposed development until Foxwood’s utilities have been
accepted. Also, a copy of all required permits from the appropriate regulatory agencies shall be
provided to the City which shall include but is not limited to the Minnesota Department of
Foxwood Erhart Farm
(Phase 1)
Erhart Farms
(future)
9199 Eagle
Ridge Rd W 96th St.Total Percentage
Developer's Portion 46 19 74 139 71%
City's Portion 2 55 57 29%
Lift Station Cost Share Breakdown - Residential Units
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Health, Metropolitan Council Environmental Services, Riley Purgatory Watershed District, and
the Minnesota Pollution Control Agency prior to issuance of a Notice to Proceed.
STORMWATER MANAGEMENT
Article VII, Chapter 19 of City Code describes the required stormwater management
development standards. Section 19-141 states that “these development standards shall be
reflected in plans prepared by developers and/or project proposers in the design and layout of site
plans, subdivisions and water management features.” These standards include water quality
treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total
phosphorous (TP), and runoff rate control for the 2-, 10-, and 100-year storm events. The
proposed development is located within the RPBCWD and is therefore also subject to the their
rules and regulations. A Stormwater Management Study dated September 28, 2021 was
submitted by the applicant to the City and RPBCWD as part of the final plat review. The
applicant received conditional approval from RPBCWD on October 6, 2021. An approved
RPBCWD permit is required before grading or utility construction work can be started.
The water quality rules appear to be met with the use of a baffle, sump, filtration basin, and wet
pond/infiltration basin. Eighty-eight percent (88%) of TSS and 87% of TP is removed from the
system, via MIDS modeling, however the modeling does not include baffles the infiltration basin
design that will act to increase removal rates. The applicant will need to update MIDS and
resubmit the models in their native form to confirm the City’s water quality rule is met.
The Stormwater Management Study and supporting HydroCAD models show that the proposed
development meets the City’s stormwater rate control rules. Peak runoff rates for the proposed
condition are reduced when compared to the existing condition for the 2-, 10-, and 100-year
storm events.
The NPDES construction permit and RPBCWD Stormwater Rule both regulate water quality
volumes for development projects. RPBCWD rules are stricter, requiring 1.1-inch abstraction for
new and reconstructed impervious for the entire project area. The proposed project will have a
total impervious area of 5.35 acres requiring 21,300 cubic feet of abstraction volume. The
proposed infiltration basin provides 27,700 cubic feet of abstraction which exceeds the required
volume. Infiltration rate testing was conducted onsite on September 24, 2021 by Haugo
Geotechnical Services. Two test sites located at the proposed infiltration basin showed
infiltration rates of 2.16 in/hr and 3.24 in/hr, which far exceed the 0.375 in /hr rate needed to
drain the BMP in the 48 hour regulated timeframe. It should be noted that infiltration rates this
high are not typical in Chanhassen and are usually associated with sandy soils, which are ideal
for infiltration practices.
The proposed wet pond/infiltration BMP treats the majority of the stormwater runoff from the
development including runoff from public ROW and private property. As such, this BMP will be
publicly owned and maintained. The proposed maintenance access route to the BMP is off of
96th Street. In order to gain access to the outlet control structure (OCS) and rip rap emergency
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overflow (EOF) the berm between the wet pond and infiltration basin has to be traversed. The
elevation of the berm is 984.0, which is 1.5 feet lower than the modeled high-water level of the
pond (985.5). This configuration would restrict maintenance during flooded conditions.
Stormwater infrastructure (pipes and structures) are located within the access route. There is a
high probability of damaging stormwater infrastructure during routine pond maintenance and
therefore the storm sewer shall be offset from the maintenance route. The developer must work
with staff to improve the public stormwater facility’s access route along with providing adequate
justification that the maintenance access route section can support the weight of maintenance
equipment.
The BMP has an atypical design where the normal water level (NWL) 982.0 of the wet pond is
1.5 feet higher than the bottom of the infiltration basin 980.5. This configuration creates a
hydraulic head difference, which will act to convey water through the berm under normal
conditions. This is especially true with the high hydraulic conductivity/infiltration rates observed
onsite. Water migration through the berm could cause stability problems. As such, the City is
recommending an optimized configuration where the NWL of the wet pond matches the bottom
elevation of the infiltration basin, and the berm is elevated to allow access during flooded
conditions. The developer must work with staff to improve the public stormwater facility’s
operation and layout to the maximum extent possible within the given the limitations of the site
and RPBCWD regulations.
The filtration basin BMP located on Lots 2 and 3, Block 1 is to be privately owned and therefore
will require an Operations and Maintenance (O&M) Plan. An O&M Plan was not included in the
submittal. The plan that identifies the maintenance schedule, responsible party, and should
include information on how the system will be cleaned out. The applicant must work with staff
to create an approved O&M Plan that will be signed prior to recording the final plat.
STORMWATER UTILITY CONNECTION CHARGES
City Ordinance sets out the fees associated with surface water management. A water quality and
water quantity fee are collected with a subdivision. These fees are based on land use type and
are intended to reflect the fact that the more intense the development type, the greater the
degradation of surface water.
This fee will be applied to the new lots of record being created. The fees will be assessed at the
rate in effect at that time; 2022 rates are $8,830.00 per acre.
ASSESSMENTS
Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be
assessed at the rate in effect at that time; 2022 rates for partial hookup fees are $691.00 per unit
for sanitary sewer and $2,562.00 per unit for water. The remaining partial hookups fees are due
with the building permit.
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Fees
Based on the proposal the following fees would be collected with the development contract:
a)Administration Fee: If the improvement costs are less than $500,000, 3% of the
improvement costs. If the improvement costs are between $500,000 and $1,000,000, 2%
of the improvement costs. If the improvement costs exceed $1,000,000, 2.5% of the first
$1,000,000 plus 1.5% of the remainder.
b)Surface Water Management Fee: $8,830.00 per acre
c)A portion of the water hook-up charge: $2,562.00/unit
d)A portion of the sanitary sewer hook-up charge: $691.00/unit
e)Park Dedication Fee: $5,800.00/unit
f)Street Lighting Charge (for electricity): $300.00/light
g)GIS Fees: $100 for the plat plus $30 per parcel
h)Final Plat Process (review and recording of Plat and DC): $450.00
WETLANDS AND BUFFERS
Several wetlands were identified and delineated on and near the property. The applicant
submitted a wetland delineation report in July 2020 and the wetland types and boundaries were
approved in August 2020. A summary of the delineated wetlands and types can be seen in the
table below.
The applicant is showing impacting 100% of Wetland 1. The applicant must submit a Joint
Application for wetland impacts for this proposed activity. In addition, a small area northeast of
Lot 5, Block 1 shows that the 5-foot pervious nature trail encroaches into Wetland 3. The
applicant should clarify if this area would constitute as wetland impacts. If so, it would also need
to be included in the Joint Application submittal.
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The applicant has shown wetland buffers on the property. The applicant is showing to use buffer
averaging to achieve the overall required buffer area. The wetland buffer widths and wetland
buffer monuments appear to be sufficient. However, the plans show that grading is proposed
within the wetland buffer in Lots 1 thru 3, Block 1 and Lots 11 and 12, Block 2. The applicant
should submit a landscape plan to ensure that this area sufficiently grows back with native buffer
vegetation.
LANDSCAPING AND TREE PRESERVATION
The applicant for the Erhart Farm Phase I development submitted tree canopy coverage and
preservation calculations.
Total upland area (excludes wetlands, bluff)21.184 acres
Baseline canopy coverage 84% or 17.83 acres
Minimum canopy coverage required 55% or 11.65 acres
Proposed tree preservation 24% or 5.1 acres
The developer does not meet minimum canopy coverage for the site; therefore the applicant must
bring the canopy coverage on site up to the 55% minimum. The difference between the required
coverage and the remaining coverage is multiplied by 1.2 for total area to be replaced. One tree
is valued at 1,089 SF.
Minimum required 11.65 acres
Less canopy preserved 5.1 acres
Minimum canopy coverage to be replaced 6.55 acres
Multiplied by 1.2 7.86 acres or 342,381 sf
Divided by 1089sf =Total number of trees to be planted 314 trees
The applicant has submitted a landscape plan showing a total of 314 trees to be planted in the
development. Any trees planted outside of the final plat area will not be counted towards
reforestation quantities.
There are no buffer yard landscaping requirements for this development.
The applicant has not provided quantities for any species proposed to be planted. The applicant
must verify that species diversity requirements are met for the development, namely no more
than 10% of any one species, no more than 20% of any one genus and no more than 30% of any
one family. A revised landscape plan with a complete Plant Schedule listing quantities, plant
names, sizes and survey symbol must be submitted to the City for approval prior to a Notice to
Proceed.
In the submitted Final Plat narrative dated December 17, 2021, the applicant has proposed
conservation easements on Lots 2 thru 10, Block 1 and staff would support this. The existing
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woods in this area contain a diversity of native species such as sugar maples, red oaks, basswood
and ironwood. Many of these trees are significant and provide aesthetic and environmental
benefits within the community. A conservation easement would protect the remaining area of
trees on Lots 4 thru 10. Lots without any remaining trees, which would include Lots 1 thru 3, 11
thru 18 are proposed to have reforestation plantings in the rear yards. These trees will be a mix
of potted, transplanted and balled and burlapped trees planted in a random pattern to replicate a
native woods. The plantings will be crucial in meeting the reforestation requirements to replace
lost canopy cover on over half of the lots. To ensure that these trees grow and become canopy
cover, staff recommends that the proposed Conservation Easement extend over the Reforestation
Mix planting areas. The applicant shall submit a plan showing the proposed Conservation
Easement for city approval and shall be recorded concurrently with the final plat.
As part of the 314 trees required for reforestation, the applicant is including 27 trees that were
planted in 2021 as part of the replacement plantings for a haul road from the applicant’s wetland
project. When the lots are inspected for the required number of trees, any of these trees found to
be less acceptable than standard nursery stock or dead will be required to be replaced with 2.5”
nursery stock.
Tree plantings have been located on the west side of the proposed collector. The 18 proposed
plantings shall be relocated to the ‘reforestation mix’ area on the 18 lots. No plantings will be
allowed on the west side of the collector road due to future construction in that area. Trees
planted in unbuilt lots have low survivability due to lack of care. Additionally, once construction
starts on a lot, protecting the tree is extremely difficult and damage to the tree is easily done.
The trees that will be required for those lots must planted in a future phase after construction is
completed on the lots.
The applicant has requested a variance from the minimum size requirements for reforestation
plantings. Staff can support the variance for allowing the 110 proposed nursery stock potted
trees. Staff believes this approach can facilitate a more natural layout for reforestation plantings.
Using tree stock of different sizes will foster structural diversity and serve to bear some
resemblance to a naturally occurring wooded area.
The applicant has requested a variance from supplying certified nursery stock for the
development. As proposed in the landscape plan, the applicant would transplant 84 trees found
on site in addition to the 27 transplanted trees installed in 2021. This equates to 35% of the
proposed trees to be planted. Staff recommends that no more than 10% of the total required
plantings come from uncertified wild transplants. Certified nursery stock is inspected by the
Minnesota Department of Agriculture for any signs of disease or pests. Plant materials found to
have diseases or pests that can harm or kill landscape plants are treated or destroyed to ensure
that all plant stock sold by nurseries is healthy and safe for the environment. While transplanting
trees on site may be at less risk to introducing new pests or diseases, there is no guarantee that
this is so and could potentially spread diseases or pests from one area of property to another. In
addition to protecting the vegetation health, plant stock from a commercial nursery is required to
meet criteria for proper tree health, growth and structure. There are minimum requirements for
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size, root growth, and branching structure. These criteria ensure that the tree is of the best
possible quality when planted and is set up for good health and longevity. If there are native
trees on site that meet the minimum proposed diameter of 2.5” and are without major structural
defects, then the applicant can identify transplant trees for approval by the city. The applicant
may have up to 10% of the total required reforestation total originating from uncertified, wild
stock in addition to the 27 transplanted trees already installed. This 10% equates to a total of 31
trees to be sourced on site for transplanting.
A total of 230 trees will be scheduled for planting within the ‘reforestation mix’ area shall be
planted as one planting project. The 230 trees are comprised of 110 ¾”-1” nursery potted trees,
89 developer installed 2.5” B&B nursery stock trees, and 31 on-site transplants. A tentatively
scheduled planting date as well as a maintenance plan that includes regular weekly watering will
be required to be submitted prior to the Notice to Proceed.
PARKS & RECREATION
Park Plan
The City’s Comprehensive Park Plan calls for a neighborhood park to be located within one-half
mile of every residence in the city. The park service area of community parks extends to a
distance of 1-2 miles. The proposed Erhart Farm Subdivision is located directly adjacent to the
58-acre Fox Woods Park Preserve and directly across CSAH 101 from the 45-acre Bandimere
Community Park. Bandimere Community Park offers a wide and growing array of recreational
amenities and has been open to the public since 1999. Development of public access points to
the Fox Woods Park Preserve, through a combination of vehicle and pedestrian touch points as
well as the installation of a series of nature trails within the preserve, will continue with the
development of the Erhart property.
Additional acquisition of public open space through the application of park dedication
requirements is not recommended as a condition of the subdivision. Outlot A shall be retained by
the developer or Homeowners Association as a private open space subdivision amenity.
Trail Plan
Residents purchasing homes within the new Erhart Farm subdivision will have convenient
pedestrian access to area public park facilities through careful planning and construction of some
key pedestrian improvements:
Planning and construction of interior sidewalks within the subdivision.
Planning and construction of a CSAH 101 trail connection between the current trail
terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the
plat adjacent to and along CSAH 101.
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Planning and construction of interior trails within the subdivision from Eagle Ridge Road
to Fox Woods Park Preserve and Powers Boulevard with future phases of the
development.
A “5-foot pervious nature trail” is shown that connects to the 96th Street right-of-way and
terminates at an existing stormwater facility that treats runoff from CSAH 101. A permanent
trail, and drainage and utility easement along the rear lot lines of Lots 5 thru 17 shall be
dedicated with the final plat. Trail development may occur in the future.
Park and Trail Conditions of Approval
Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected
as a condition of approval for Erhart Farm for the 23 new housing units. The Park fees will be
collected in full at the rate in force upon final plat submission and approval. Based upon the
City’s 2022 single-family Park fee of $5,800 per unit, the total Park fees for Erhart Farm would
be $133,400.00. Outlot B shall be donated or dedicated to the City of Chanhassen to be part of
permanent open space around the wetland complexes.
MISCELLANEOUS
Building
1. A building permit must be obtained before beginning any construction.
2. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
5. Each lot must be provided with a separate sewer and water service.
Fire
1. Fire hydrant locations and distancing look to be appropriate. No landscaping (trees,
shrubs, plants) to be done within three feet in all directions around each hydrant.
2. Roads 20-26 feet wide will need to have No Parking Fire Lane signs on both sides of the
road.
3. Elevation drops and grading for roads will need to meet Fire Access road maximum of
10%.
4. No combustible construction (wood) can begin until fire apparatus access roads are
approved (temporary is ok) and hydrants are installed and active/usable. Foundation work
is acceptable.
5. May not block emergency access or fire hydrants during construction at any time.
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Planning
When this parcel is platted, it shall be removed from the rural service district in the city of
Chanhassen. Section 2-32 (c) Whenever any parcel of land included in the rural service district
is platted, in whole or in part, or whenever application is made for a permit for the construction
of commercial, industrial or urban residential building or improvement to be situated on such
parcel or any part thereof, or whenever such building or improvement is commenced without a
permit, the City Council shall make and enter an order by resolution transferring such platted or
improved parcel from the rural service district to the urban service district.
Carver County
Preliminary feedback on Erhart Farm Preliminary Plat PID# 251550022
1. Regarding access onto the County Highways
a. A Transportation Impact Analysis (TIA) is required based on the number of proposed
units for the full development of the parcel and potential traffic impacts to CSAH 101
and CSAH 17. The TIA will need to evaluate the operations at the following
intersections: CSAH 17/Proposed local road intersection, CSAH 101/W. 96th St., and
CSAH 101/Eagle Ridge Road intersections. See the attachment titled Appendix A:
Traffic Impact Analysis Process for requirements. Based on TIA findings, County
may impose reasonable conditions to mitigate development driven traffic impacts at
these intersections.
b. Future access is proposed at CSAH 17 for the full buildout of the development. The
proposed access to CSAH 17 is located 0.15 miles from the CSAH 17/TH 212 ramp
intersection to the north and 0.29 miles from the CSAH 17/CSAH 14 intersection to
the south. Turn lanes have already been constructed at the proposed access point.
c. The County’s Access Spacing Map in the 2040 Comprehensive Plan (Figure 4.14)
identifies this segment of CSAH 17 as Category 5B, which guides full access
intersection spacing at 1/4 mile intervals and secondary (limited) intersection spacing
at 1/8 mile intervals. As proposed, the distance to the CSAH 17/TH 212 ramp
intersection meets the spacing guidance for secondary (limited) access consideration
and the distance to the CSAH 17/CSAH 14 intersection meets the spacing guidance
for full access consideration. More information and review of operations and safety
analysis from the TIA is needed to determine the recommended and allowable
intersection type at the CSAH 17 connection point.
d. No additional direct access to CSAH 101 is proposed. Additional County review and
approval will be required if this condition changes.
2. Regarding Highway Right-of-Way
a. CSAH 17 at this location is a 4-lane divided urban roadway facility with a trail on
both sides. The existing right-of-way adjacent to the parcel varies but is
approximately 50 feet from the centerline of the roadway plus a State-owned outlot
with a variable width. The right-of-way and combined State-owned outlot for CSAH
17 appear to meet the right-of-way guidance for consistency with the County’s 2040
Comprehensive Plan (Figure B.6), but further review of preliminary plat and survey
documents is required to confirm this.
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b. CSAH 101 at this location is a 4-lane divided urban roadway facility with a trail on
both sides. The existing right-of-way adjacent to the parcel varies but is
approximately 75 feet from the centerline of the roadway. The right-of-way for
CSAH 101 appears to meet the right-of-way guidance for consistency with the
County’s 2040 Comprehensive Plan (Figure B.6), but further review of preliminary
plat and survey documents is required to confirm this.
c. Review of plat documents is needed to ensure existing right-of-way around the two
stormwater ponds adjacent to CSAH 101 is shown on the drawings.
d. County recommends all new, dedicated outlots adjacent to the County right-of-way
be owned by the City.
3. Noise mitigation along CSAH 17 and CSAH 101 is recommended via increased setback,
berm, and/or other screening of planned dwellings adjacent to CSAH 17 or CSAH 101.
4. The County will need to review and approve the final grading plans for properties
adjacent to CSAH 101 and CSAH 17. A grading permit will be required for grading work
within the highway right-of-way.
5. The technical details of the final plat, its boundaries and form(s) will need to be reviewed
and approved by the County surveyor.
6. 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.
7. 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.
COMPLIANCE TABLE
Area (sq.
ft.)
Width
(ft.)
Depth (ft.)Hard
Cover
% / sq. ft.
Notes
Code 15,000 90 125 25 / 3,750 0.34 ac
L1 B1 15,333 115 139 25/3,833 0.35 ac. @ 5 ft. front yard
setback and 10 ft. wetland
buffer setback variance,
wetland setback
L2 B1 17,958 95 146 25/4,489 0.41 ac., corner lot, wetland
setback
L3 B1 18,046 77*178 25/4,511 0.41 ac., 90 ft. at front
setback
L4 B1 29,680 63*197 25/7,420 0.68 ac., 90 ft. at front
setback, wetland setback
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L5 B1 28,614 74*217 25/7,153 0.66 ac., 91 ft. at front
setback, wetland setback
L6 B1 21,023 87*217 25/5,255 0.48 ac. 90 ft. at front
setback, wetland setback
L7 B1 20,382 87*212 25/5,095 0.47 ac., 90 ft. at front
setback, wetland setback
L8 B1 24,737 73*212 25/6,184 0.57 ac., 90 ft. at front
setback, wetland setback
L9 B1 27,560 70*206 25/7,478 0.69 ac., 90 ft. at front
setback, wetland setback
L10 B1 23,319 93 179 25/5,830 0.53 ac. Corner lot
L11 B1 21,182 90 197 25/5,295 0.49 ac., wetland setback
L12 B1 15,525 94 178 25/3,881 0.36 ac., wetland setback
L13 B1 19,061 95 201 25/4,765 0.41 ac., wetland setback
L14 B1 27,329 90 251 25/6,832 0.63 ac., infiltration in rear
L15 B1 23,854 90 224 25/5,964 0.55 ac., infiltration in rear
L16 B1 21,635 90 187 25/5,409 0.5 ac., infiltration in rear
L17 B1 22,436 103 180 25/5,616 0.51 ac., corner lot
L18 B 1 20,459 164 240 25/5,115 0.47 ac.
L19 B1 82,206 159 282 25/20,551 1.89 ac., storm pond
L1 B2 15,029 105 173 25/3,757 0.35 ac.
L2 B2 15,288 90 153 25/3,822 0.35 ac.
L3 B2 15,573 108 153 25/3,893 0.36 ac.
L4 B2 15,458 121 141 25/3,864 0.35 ac.
L5 B 2 104,841 209 416 25/26,210 2.41 ac, accessed via
existing easement
Outlot A 29,882 0.69 ac. Open space, HOA
Outlot B 1,000,011 22.96, wetlands and
permanent open space
Outlot C 93,447 2.15, stormwater pond and
wetland
Outlot D 32,477 0.75 ac. Future
development and lift station
Outlot E 886,254 20.35 ac. future
development
Outlot F 594,561 13.65 ac. Future
development
Outlot G 874,481 20.08 ac. Future
development
Outlot H 910,403 20.9 ac. Future
development
ROW 143.509 3.29 ac.
Total 5,102,632 117.14 ac
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@ Approved 5-foot front yard setback variance and a 10-foot wetland buffer setback variance.
* Approved lot frontage variance (All lots meet the lot width requirement at 30 feet setback.)
Setbacks: 30-Foot Front and Rear; 10-Foot Side; Wetland 20-foot buffer and 30-foot buffer
setback
VARIANCE
The applicant received approval for the following variances as part of the original subdivision:
1. Seven lots with less than 90 feet of frontage (Lots 3 thru 9, Block 1).
2. One lot with a front yard setback variance of five feet to permit a 25-foot front yard
setback (Lot 1, Block 1).
3. One lot with a 10-foot wetland buffer setback to permit a setback of 20 feet (Lot 1,
Block)
4. Eagle Ridge Way is proposed to be a 26-foot wide back-of-curb to back-of-curb design
within a standard 60-foot right-of-way. The variance is from the City’s 31-foot wide
street standard.
As part of the amended preliminary plat to include the parcel on 96th street within the
subdivision, the applicant is requesting a variance from the tree replacement requirements for the
development.
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Variance findings for subdivision (tree replacement requirements):
a. The hardship is not a mere inconvenience;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including trees;
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c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the development design and wetland preservation;
d. The granting of a variance will not be substantially detrimental to the public welfare and
is in accord with the purpose and intent of subdivision regulations, the Zoning Ordinance
and Comprehensive Plan since it will reduce potentially significant impacts on the site
and within the neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the rezoning of the
development from Agricultural Estate District (A2) to Single-Family Residential District (RSF);
and preliminary plat with variances for tree replacement requirements subject to the following
conditions:
Building
1. A building permit must be obtained before beginning any construction.
2. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
5. Each lot must be provided with a separate sewer and water service.
Fire
1. Fire hydrant locations and distancing look to be appropriate. No landscaping (trees,
shrubs, plants) to be done within three feet in all directions around each hydrant
2. Roads 20-26 feet wide will need to have No Parking Fire Lane signs on both sides of the
road.
3. Elevation drops and grading for roads will need to meet Fire Access road maximum of
10%.
4. No combustible construction (wood) can begin until fire apparatus access roads are
approved (temporary is ok) and hydrants are installed and active/usable. Foundation work
is acceptable.
5. May not block emergency access or fire hydrants during construction at any time.
Engineering
1. Easements identified within the platted area must be vacated before, or concurrently, with
recording of final plat.
2. The developer will be required to obtain any necessary right-of-way easements for the
extension of 96th Street from abutting properties.
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3. The driveway to any existing residence proposed to remain must be surfaced with
bituminous, concrete or other hard surface materials.
4. The developer will be reimbursed for the removal of the temporary cul-de-sac and
extension of the street and sidewalk in this area in the amount of $33,750.00.
5. If “Eagle Ridge Way” is to facilitate parking on one-side of the road, the width will be
required to be updated on the plans to a minimum of 26 feet wide from face-of-curb to
face-of-curb. Face-of-curb is considered 12 inches from back-of-curb with the
surmountable curb design.
6. All locations where the extension of public streets may occur shall have barricades and
“Future Street Extension” signs erected.
7. All comments and conditions associated with Carver County’s “Development / Access
Review” memo dated January 10, 2022 must be addressed or met, as applicable, prior to
the City considering approval of the final plat.
8. The final plat shall be updated to ensure DUE around the pond and infiltration basin
encompass an area that is a minimum of one foot higher than the 100-year HWL.
9. The applicant must update the final plat to include DUE that facilitate a contiguous
connection between the newly dedicated DUE or right-of-way with Erhart Farms and the
existing Lot 1, Block 1 of Butternut Ridge.
10. The newly proposed public lift station shall be located on an Outlot dedicated to the City.
11. All wetland spoils associated with Interim Use Permit #2021-03 must be removed from
areas where public improvements are proposed.
12. The developer’s engineer shall ensure that the maximum driveway grades shown on the
plan are calculated such that a 10-foot landing is provided where the driveway connects
to the street and a 5- to 10-foot landing is provided at the garage
13. The developer will be required to extend the 12” trunk water main and the City will
reimburse the developer for the cost of oversizing this extension along with its
appurtenances.
14. Any wells located on the property to be developed must be properly abandoned.
15. The developer will be reimbursed 29% of the cost for the construction of the lift station.
16. The developer will be reimbursed for the cost of construction of the lift station in the
amount of $48,725.04 as this was escrowed by the Foxwood development for the
construction of the permanent lift station.
17. The developer will be reimbursed for the removal of the temporary lift station in the
amount of $10,000.00.
18. The developer must work with staff in the final construction plans and details of the
proposed lift station and its appurtenances, along with its location.
19. A geotechnical engineer’s recommendation on proper back fill and compaction for the
force main extended through the abandoned lift station location must be provided.
20. Issuance of a Notice to Proceed for the development shall not be granted until the public
utilities being extended from the Foxwood development have been accepted.
21. A copy of all required permits from the appropriate regulatory agencies shall be provided
to the City which shall include but is not limited to the Minnesota Department of Health,
Metropolitan Council Environmental Services, Riley Purgatory Watershed District, and
the Minnesota Pollution Control Agency prior to issuance of a Notice to Proceed.
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22. The applicant shall enter into a Development Contract with the City and pay all the
applicable fees and securities prior to recording of final plat.
Applicable conditions from approved Development Contract for Grading (Grading DC)
purposes passed by City Council October 25, 2021:
1. The developer shall conduct a walk-through of the grading limits on site with City staff
prior to removals to inspect for opportunities for additional tree preservation prior to
grading operations.
2. Tree preservation fencing shall be installed at the edge of clearing limits and around
existing trees to be saved prior to any construction activities and remain installed until
completion.
3. A preconstruction meeting shall be held by the developer and their contractor(s) with the
City and its representatives prior to grading operations.
4. A geotechnical engineer shall be on-site during grading operations. If groundwater is
encountered during grading, grades shall be adjusted to maintain a 3-foot separation from
the bottom floor elevation and adhering to the recommendations of the soil engineer on
site. Changes to grades shall be submitted to the City for review and approval.
5. Haul routes for the import or export of soil, construction material, construction equipment
or construction debris, or any other purpose, shall be provided prior to commencement of
grading operations.
6. The applicant shall provide an updated SWPPP that shall meet all requirements set forth
in the applicant’s NPDES Construction Permit, such as locations of concrete wash-outs,
stockpile areas, estimated quantities of erosion control BMPs, training credentials of
SWPPP installer, prior to commencement of grading operations.
7. The applicant shall provide an updated ESCP and SWPPP that address item 16.1 –
Infiltration Systems of the NPDES Construction Permit. Requirements such as
excavation of infiltration systems to final grade, or within three feet of final grade, are
either prohibited or require additional measures to ensure their protection.
8. The applicant shall update the ESCP and SWPPP to eliminate the use of straw mulch as a
stabilization BMP.
9. The applicant shall supply a dewatering plan to the Water Resources Engineer for review
and approval prior to dewatering activities on-site.
10. A minimum of 273 trees that meet Ordinance requirements will be required to be planted
on-site. Reforestation planting quantities may be recalculated if the land use changes.
11. A landscaping security of $100,000.00 was required upon issuance of the Grading DC,
dated October 25, 2021, associated with the development. Upon receipt of the updated
engineer’s estimate, if 7% of the cost of public improvements is more, or less, than the
provided landscaping security, the security will be adjusted accordingly.
12. An erosion control security for 110% of the cost of erosion and sediment controls, or
$22,445.07, was required upon issuance of the Grading DC dated October 25, 2021,
associated with the development. Upon receipt of the updated engineer’s estimate, if the
cost of erosion and sediment controls is more, or less, than the provided erosion control
security, the security will be adjusted accordingly.
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13. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed
District shall be addressed by the applicant prior to grading operations.
Environmental Resources
1. No trees shall be located within the right-of-way or sight triangles.
2. Lots 4 thru 9 shall have only one tree required in the front yard.
3. Lots 4 thru 10 shall have a Conservation Easement covering the existing wooded areas in
the rear yards.
4. Lots 1 thru 3 and 11 thru 13 shall have a Conservation Easement over the reforestation
area.
5. All potted trees will have animal protection installed at planting time.
6. All Conservation Easement areas shall have signage posted at the property corners on
each lot.
7. Required tree plantings may only be located on Lots 1 thru 18 and Outlots A and C.
8. A revised landscape plan with a complete Plant Schedule listing quantities, plant names,
sizes and survey symbol and showing the locations of all 314 trees must be submitted to
the city for approval prior to a Notice to Proceed.
9. The applicant shall submit a plan showing the proposed Conservation Easement for City
approval and shall be recorded concurrently with the final plat.
10. At the time of final landscape inspection, any transplant trees found to have less than
70% canopy or dead will be required to be replaced with 2.5” nursery stock.
11. Totals for tree stock sizes includes 146 - 2.5” B&B, 110 potted nursery stock, 31 on-site
transplants, and 27 previously installed transplants.
12. The applicant shall submit a tentatively scheduled planting date as well as a maintenance
plan that includes regular weekly watering prior to the Notice to Proceed.
Parks & Recreation
Full Park fees in lieu of additional parkland dedication and/or trail construction shall be collected
as a condition of approval for Erhart Farm for the 23 new housing units. The Park fees will be
collected in full at the rate in force upon final plat submission and approval. Based upon the
City’s 2022 single-family Park fee of $5,800 per unit, the total Park fees for Phase I of Erhart
Farm would be $133,400.00.
Outlot B shall be donated or dedicated to the City of Chanhassen to be part of permanent open
space around the wetland complexes.
Planning
1. The developer shall comply with the requirements of Carver County regarding access and
right-of-way to County highways.
2. When this parcel is platted, it shall be removed from the rural service district in the City
of Chanhassen.
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Water Resources
1. The applicant shall clarify if the 5-foot pervious nature trail is proposed to impact any
parts of Wetland 3 near Lot 5, Block 1.
2. The applicant must verify the location of the wooden bridge structure between Wetland 2
and Wetland 3 near Lot 5, Block 1 and add it to the existing conditions survey. If the
structure is to remain in place the applicant shall supply bridge ratings, as-builts and an
approved waterbody crossing from RPBCWD.
3. The applicant shall submit information regarding reseeding any areas where grading is
proposed within the wetland buffer, specifically in Lots 1 thru 3, Block 1 and Lots 11 and
12, Block 2.
4. The applicant will need to update MIDS and resubmit the models in their native form to
confirm the City’s water quality rule is met.
5. The applicant shall enter into an Operations and Maintenance (O&M) Agreement for any
proposed privately owned stormwater facilities.
6. The developer shall work with staff to improve the public stormwater facility’s access
route.
7. The developer shall work with staff to improve the public stormwater facility’s operation
and layout to the maximum extent possible within the given limitations of the site and
RPBCWD regulations.
8. The developer must work with staff to improve the design of the public stormwater
infrastructure including pipe slopes.
ATTACHMENTS
Findings of Fact and Recommendation
Development Review Application
Narrative
Preliminary Plat
Site Development Plans
Carver County Development Review dated June 22, 2021 updated January 10, 2022
Public Hearing Notice and Mailing List
g:\plan\2021 planning cases\21-12a 775 96th street w., erhart farm, pp and fp\staff report erhart farm amended prelim.docx
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Black Cherry Development, LLC – Planning Case No. 2021-12A, Erhart
Farm.
Request for Rezoning from Agricultural Estate District (A2) to Single-Family Residential
District (RSF), Subdivision Approval creating 24lots and eight outlots with a Variance from the
tree replacement regulations.
On April 19, 2022, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Black Cherry Development, LLC for an amendment to an
approved preliminary single-family residential development. The Planning Commission
conducted a public hearing on the proposed development preceded by published and mailed
notice. The Planning Commission heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District (A2).
2. The property is guided in the Land Use Plan for Residential – Low Density uses.
3. The legal description of the property is:
(See Exhibit A)
4. REZONING FINDINGS
The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
affects of the proposed amendment. The six (6) affects and our findings regarding them are:
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 land use and housing goals of
the 2040 Comprehensive Plan;
b. The proposed use is or will be compatible with the present and future single-family
residential and open space land uses of the area;
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance;
d. The proposed use will not tend to or actually depreciate the area in which it is proposed,
but will enhance the residential character of the area;
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e. The proposed use can be accommodated with existing and proposed public services and
will not overburden the City's service capacity;
f. Traffic generation by the proposed use is within capabilities of streets serving the
property.
5.SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the Zoning Ordinance and meets all of the
requirements of the “RSF” Single-Family Residential District;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the City's Comprehensive Plan;
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater
drainage are suitable for the proposed development;
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by the
subdivision ordinance;
e. The proposed subdivision will not cause significant environmental damage subject to
compliance with the conditions of approval;
f. The proposed subdivision will not conflict with easements of record, but rather will expand
and provide all necessary easements;
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate stormwater drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or support systems.
6. VARIANCE FINDINGS WITH A SUBDIVISION
a. The hardship is not a mere inconvenience;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including trees;
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the development design and wetland preservation;
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d. The granting of a variance will not be substantially detrimental to the public welfare and is
in accord with the purpose and intent of subdivision regulations, the Zoning Ordinance and
Comprehensive Plan since it will reduce potentially significant impacts on the site and
within the neighborhood.
7.The planning report #2021-1A2 dated April 19, 2022, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that City Council approve the proposed rezoning
from Agricultural Estate District (A2) to Single-Family Residential District (RSF); and amended
Preliminary Plat approval for 24 lots and eight outlots, and a Variance from the tree replacement
requirements subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 19th day of April, 2022.
CHANHASSEN PLANNING COMMISSION
BY:
Mark von Oven, Chairman
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EXHIBIT A
Legal Description
Parcel 1: That part of Outlot A, Butternut Ridge Addition, according to the recorded plat thereof,
Carver County, Minnesota, lying easterly and northeasterly of the following described line:
Beginning at the most southerly northeast corner of said Outlot A, said point also being the
northeast corner of Section 26, Township 116 North, Range 23 West; thence South 00 degrees 28
minutes 49 seconds East, assuming the most southerly north line of said Outlot A has a bearing of
North 89 degrees 58 minutes 27 seconds East, a distance of 566.98 feet; thence South 75 degrees 21
minutes 54 seconds East 655.69 feet to an angle point in the southerly line of said Outlot A, and said
line there terminating.
EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition, Carver County, Minnesota, lying westerly of the
westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 10-46, AND 10-47, according to the recorded
plats thereof, Carver County, Minnesota, and easterly of the following described line:
Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41 seconds
West, assumed bearing, along the south line of said Outlot A 32.22 feet to the point of beginning of
a line to be described; thence northerly 200.91 feet along a non-tangential curve, concave to the
west, central angle 20 degrees 11 minutes 41 seconds, radius 570.00 feet, chord bearing North 09
degrees 18 minutes 16 seconds West; thence northwesterly 435.88 feet along a compound curve,
concave to the southwest, radius 703.00 feet, central angle 35 degrees 31 minutes 29 seconds;
thence North 54 degrees 55 minutes 36 seconds West, along tangent, 516.07 feet to a point on said
westerly right of way line and said line there terminating.
ALSO EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition according to the recorded plat thereof, Carver
County, Minnesota lying westerly of a line described as follows:
Commencing at the South corner of Lot 2, Block 4, Foxwood, according to the recorded plat thereof
Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02 minutes 05
seconds West along the East line of said Lot 2 a distance of 189.51 feet to the Northeast corner of
said Lot 2 and the point of beginning of said line; thence South 48 degrees 05 minutes 58 seconds
East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the
Southwesterly line of said Lot 2 and said line there terminating.
TOGETHER WITH the following:
That part of Lot 2, Block 4, Foxwood, according to the recorded plat thereof, Carver County,
Minnesota lying easterly of a line described as follows:
120
5
Commencing at the Southerly corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof, Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02 minutes
05 seconds West along the East line of said Lot 2 a distance of 189.51 feet to the Northeast corner
of said Lot 2 and the point of beginning of said line; thence South 48 degrees 05 minutes 58 seconds
East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the
Southwesterly line of said Lot 2 and said line there terminating.
Parcel 2: That part of Outlot A, Butternut Ridge Addition, according to the recorded plat thereof,
Carver County, Minnesota, lying westerly and southwesterly of the following described line:
Beginning at the most southerly northeast corner of said Outlot A, said point also being the
northeast corner of Section 26, Township 116 North, Range 23 West; thence South 00 degrees 28
minutes 49 seconds East, assuming the most southerly north line of said Outlot A has a bearing of
North 89 degrees 58 minutes 27 seconds East, a distance of 566.98 feet; thence South 75 degrees 21
minutes 54 seconds East 655.69 feet to an angle point in the southerly line of said Outlot A, and said
line there terminating.
EXCEPTING THEREFROM the following:
Tract A: Outlot A, Butternut Ridge Addition, Carver County, Minnesota; which lies westerly and
northwesterly of Line 1 described below:
Line 1: Commencing at the northeast corner of said Section 26; thence westerly on an azimuth of
269 degrees 58 minutes 40 seconds along the north line of said section for 2271.51 feet to the point
of beginning of Line 1 to be described; thence on an azimuth of 238 degrees 14 minutes 10 seconds
for 95.58 feet; thence on an azimuth of 248 degrees 55 minutes 29 seconds for 90.18 feet; thence on
an azimuth of 260 degrees 03 minutes 27 seconds for 191.03 feet; thence on an azimuth of 217
degrees 01 minutes 09 seconds for 126.73 feet to a point hereinafter referred to as Point “A”; thence
continue on an azimuth of 217 degrees 01 minutes 09 seconds for 15.12 feet; thence on an azimuth
of 172 degrees 14 minutes 03 seconds for 234.17 feet; thence on an azimuth of 177 degrees 20
minutes 28 seconds for 336.70 feet; thence on an azimuth of 180 degrees 17 minutes 57 seconds for
279.90 feet; thence on an azimuth of 181 degrees 15 minutes 16 seconds for 104.15 feet; thence on
an azimuth of 183 degrees 39 minutes 13 seconds for 116.63 feet to a point on the south line of said
Tract A and there terminating.
Parcel 3: The West 183.00 feet of the S 290.40 feet of the NW ¼ of Sec. 25, T. 116, R. 23
g:\plan\2021 planning cases\21-12a 775 96th street w., erhart farm, pp and fp\findings of fact & recommendation.docx
121
Pc at- 11
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CruOTCIINIIASSII{
APPLICATION FOR DEVELOPMENT REVIEW
PC Dae: I /r</aa-----f-----""'?""'-cc oac 5(r.r I .aE 6GDay Revbw Daie: IJ t</ ea-
Section 1: Application Type (check all that apply)
(Refe. totr€ qrqdale Adid*n Cffiid fq requtued suffial inlo,,,l€tio,1 that nws, @ttwty this apF/icat,ort)
E Comprehensive Plan Amendment
E Minor MUSA line for railing on-site sewers ....
E Condltional Use Permit (CUP)
E Ptanneo Unit Development (PUD)
E Minor Arnendment to existing PUD..,..,,..........fl ett otners......
! Single-Family Resilence ............,................... $325
E All oulers...... .......................$425
E lnterim Use Permit (lUP)
E ln conjunc{ion with Single-Family Residence.. $325E ett orrers...... .........-............$425
fl Rezming (REZ)
E suuaiusi:n (sug)
E Create 3 lots or less ........................................ $300
E Create over 3 |ots.......................$6Cx) + $15 p€r lot( lots)
E uetes & Bounds (2 lots) ......$300
E Consotioate Lots .................. $150
! Lot LineAdiustnent.........................................$150
E Final P1a1.........,............ ........$700
(lndudes $450 escrow for attomey costs)'
'Addiqd €scrw may be lrqritd lb. o0ler +gacatixls
through the .re\doprEnt cmt'acL
El vacation of Easemenb/Right-oFway (VAC)........ $300
Gddliqd lecddrE Ees rnay apdy)
E Variance (VAR)...............................-.-................ i20o
D Wetand alteratim Permil (wAP)
E Single-Family Residence.......,....................... $150
E All orrers...... ..................... $275
! zoning Appeal $100
E Zoning Ordinance Amendment (ZOA)................. $500
MfE: Wton multiple .DDlicdon€ arc p.occascd concurtenttr,
lhe app.opdtb tre shdl be chrlpd fo. oach apPllcadon-
Use Permit fl Site Pbn Agreement
E weuand Afteration Permit
$6oo
$100
$7so
$100
$sm
E Sign ptan Review................ .......$150
E Site Ptan Review (SPR)
E Administrative ...................... $r00
E CommerciaUlndustrial Distsicts*$500
Plus $10 per 1 ,000 square feet of building area:( thousand square feet)
'lndude number of olidfilo e.ndolrees:
'lrdu& nrrf$sr of oqf ernplq,e€s:n Residential Distsicts......................................... $500
Plus $5 per dwelling unit ( units)
EI VarianceE Easements ( easements)
E property Owners' Lbt within 5fi)' (Gty b gerE-re dis. prB-€Blcatin m€dirg).................................................. i3 per address( addresses)
................. $5O per document
E oeeOs
TOTAL FEE:$1,600.00
Section 2: Required lnformation
Description of Proposal: FINAL PLAT 18 Single Family Lots. Preliminary/Final Plat concurenty 1 Single Family Lot.
Property Address or Location:775 96th St. W. Chanhassen, MN 55317
See AttachedParcel #:Legal Description:
Total Acreage:1 17 .14 wethnds P.esent?Z ves Eno
Present Zoning:Requested Zoning:
Resirlential Low Den{II Requesled Land Use Designatton
Exbting Use of Propertf 2 homesteads
SingleFamily Residential Distsic{ (RSFfl
Residential Low
Echeck box if separate narrative is attached
COTf, UNITY DEVELOPI ENT DEPARTUET{T
Phnning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Plnne: (*52) 227-1100 / Fax: (952) 27-1110
! Es6ow br Recording Dodtments (check all that
! ConOitionat Use Permit
E Vacation
E Metes & Bounds SuEMsion (3 docs.)
25155&21.251 55oo22 2fi2521{o
Single.Family Residontial District (RSF)
Present Land Use Designation:
122
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. lagree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by
lhe 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 mysef informed of the deadlines for submission of material and the progress of this application. I
furher understand that addfional fees may be charged for consufting fues, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certifu that the information and exhibits submitted are true and conect.
Name:
Address:
Contact:
Phone:
City/Statelzip:
Email:
Cell:
Fax:
Signature Date:
PROPERTY OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that addfional fees may
be chaeed for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study- I certify that the information and exhibits submitted are true and correct.
Black Cherry Development, LLC Dan BlakeName:
'14500 Martin Dr #3000
Contact
Phone:Address:
City/Statezip:
Email:
Signature:
Eden Prairie, MN 55344 6',12.282.5482
danblake@pemtom.com
Date: I Z'/ l- Ll
This application must be comdet€d in full and must bo accompanied by all informaton and dans required by
applicable City Ordinance provisions. Before filing this application, refier to the appropriate Application Checklist
and confer with lhe Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business da)rs of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business dalrs of application.
PROJECT ENGII{EER (if applicable)
Name: Alliant Engineering
Address
Minneapolis, MN, 55402-2340
Email:mrausch@alliant-inc.com
6on1""1 Mark Rausch
phone: 612.758.3080
Cell:
Fax:
Section 4: Notif ication lnformation
Who should receiye copies of staff reports?
E Property owner Ma: E Email
E epdunt via: E Emait
I Engineer Ma: E Email
I otrer- Vra: E Email
'Other Contact lnformation:
Name: Tim Erhart! Maited Paper copy
! Maited Paper copy
! uaieo Paper Copy
E uaieo Paper copy
9611 Meadowview Dr
City/Statezip
Email:
Chanhassen MN 553't7
terhart@riekor.com
INSTRUCTTONS TO ApPLlCelT: Complete all necessary foIm fields, then selecl SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.
SAVE FORX
Cell:
Fax:
733 Marquette Ave, STE 700
City/StateZip:
Address:
PRINT FORM SUBf,TT FORM
123
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 1 of 10
FINAL PLAT
PRELIMINARY/FINAL SUBDIVISION,
VARIANCE, AND
EASEMENTN VACATION
SUBMITTAL REQUEST NARRATIVE
“ERHART FARM”
CHANHASSEN, MINNESOTA
Submitted December 17, 2021
PROPERTY / DEVELOPMENT SITE INFORMATION
Legal Description
Parcel 1: That part of Outlot A, Butternut Ridge Addition, according to the recorded plat thereof, Carver
County, Minnesota, lying easterly and northeasterly of the following described line:
Beginning at the most southerly northeast corner of said Outlot A, said point also being the
northeast corner of Section 26, Township 116 North, Range 23 West; thence South 00 degrees 28
minutes 49 seconds East, assuming the most southerly north line of said Outlot A has a bearing
of North 89 degrees 58 minutes 27 seconds East, a distance of 566.98 feet; thence South 75
degrees 21 minutes 54 seconds East 655.69 feet to an angle point in the southerly line of said
Outlot A, and said line there terminating.
EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition, Carver County, Minnesota, lying westerly of the
westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 10-46, AND 10-47, according to the
recorded plats thereof, Carver County, Minnesota, and easterly of the following described line:
Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41
seconds West, assumed bearing, along the south line of said Outlot A 32.22 feet to the point of
beginning of a line to be described; thence northerly 200.91 feet along a non tangential curve,
concave to the west, central angle 20 degrees 11 minutes 41 seconds, radius 570.00 feet, chord
bearing North 09 degrees 18 minutes 16 seconds West; thence northwesterly 435.88 feet along a
compound curve, concave to the southwest, radius 703.00 feet, central angle 35 degrees 31
minutes 29 seconds; thence North 54 degrees 55 minutes 36 seconds West, along tangent, 516.07
feet to a point on said westerly right of way line and said line there terminating.
ALSO EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition according to the recorded plat thereof, Carver
County, Minnesota lying westerly of a line described as follows:
Commencing at the South corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02
minutes 05 seconds West along the East line of said Lot 2 a distance of 189.51 feet to the
Northeast corner of said Lot 2 and the point of beginning of said line; thence South 48 degrees 05
minutes 58 seconds East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40
feet to the Southwesterly line of said Lot 2 and said line there terminating.
124
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 2 of 10
TOGETHER WITH the following:
That part of Lot 2, Block 4, Foxwood, according to the recorded plat thereof, Carver County,
Minnesota lying easterly of a line described as follows:
Commencing at the Southerly corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof, Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02
minutes 05 seconds West along the East line of said Lot 2 a distance of 189.51 feet to the
Northeast corner of said Lot 2 and the point of beginning of said line; thence South 48 degrees 05
minutes 58 seconds East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40
feet to the Southwesterly line of said Lot 2 and said line there terminating.
Parcel 2: That part of Outlot A, Butternut Ridge Addition, according to the recorded plat thereof, Carver
County, Minnesota, lying westerly and southwesterly of the following described line:
Beginning at the most southerly northeast corner of said Outlot A, said point also being the
northeast corner of Section 26, Township 116 North, Range 23 West; thence South 00 degrees 28
minutes 49 seconds East, assuming the most southerly north line of said Outlot A has a bearing
of North 89 degrees 58 minutes 27 seconds East, a distance of 566.98 feet; thence South 75
degrees 21 minutes 54 seconds East 655.69 feet to an angle point in the southerly line of said
Outlot A, and said line there terminating.
EXCEPTING THEREFROM the following:
Tract A: Outlot A, Butternut Ridge Addition, Carver County, Minnesota; which lies westerly
and northwesterly of Line 1 described below:
Line 1: Commencing at the northeast corner of said Section 26; thence westerly on an azimuth
of 269 degrees 58 minutes 40 seconds along the north line of said section for 2271.51 feet to the
point of beginning of Line 1 to be described; thence on an azimuth of 238 degrees 14 minutes 10
seconds for 95.58 feet; thence on an azimuth of 248 degrees 55 minutes 29 seconds for 90.18
feet; thence on an azimuth of 260 degrees 03 minutes 27 seconds for 191.03 feet; thence on an
azimuth of 217 degrees 01 minutes 09 seconds for 126.73 feet to a point hereinafter referred to as
Point “A”; thence continue on an azimuth of 217 degrees 01 minutes 09 seconds for 15.12 feet;
thence on an azimuth of 172 degrees 14 minutes 03 seconds for 234.17 feet; thence on an
azimuth of 177 degrees 20 minutes 28 seconds for 336.70 feet; thence on an azimuth of 180
degrees 17 minutes 57 seconds for 279.90 feet; thence on an azimuth of 181 degrees 15 minutes
16 seconds for 104.15 feet; thence on an azimuth of 183 degrees 39 minutes 13 seconds for
116.63 feet to a point on the south line of said Tract A and there terminating.
Parcel 3: The West 183.00 feet of the S 290.40 feet of the NW ¼ of Sec. 25, T. 116, R. 23
Tax ID
Addresses: 775 96th St. W, Chanhassen, MN. 55317; 731 96th St. W, Chanhassen MN 55317
PID: 251550024, 251550022, and 250252400
125
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 3 of 10
EXISTING SITE DESCRIPTION
The development site includes 3 existing parcels totaling 118.36 acre in size. A single family residence
with barn does exist on a 2.53 acre parcel internal to the property with the majority of the property
currently undeveloped. The property is bound by Powers Boulevard to the west, TH 101 to the east, Fox
Woods Preserve and Foxwood subdivision to the north and existing rural estate residential to the south.
The site has rolling terrain with several wetland areas and wooded areas scattered on the property. The
property does have right of way roadway access to Powers Boulevard, 96th Street and Eagle Ridge Road,
there are also two platted right of way corridor stubs from Flintlock Trail and Homestead Lane (without
constructed roads). The applicant has gathered wetland delineation information for the wetland areas
adjacent to the proposed residential subdivision area, ponded water areas in future development area have
also been surveyed. The applicant has acquired a second existing residence and is proposing to adjust the
lot lines and subdivide. A portion of the parent property falls within the boundaries of the Bluff Creek
Overlay District, however, no development is proposed near that area in this application.
FINAL PLAT REQUEST
The proposed development plan consists of a low-density single family residential subdivision with 19
single family lots of which 18 are new. The proposed development is consistent with the City’s Single-
family Residential District (RSF) and will provide a per acre unit density consistent with the City’s
Comprehensive Plan land use for the property.
The applicant has recently acquired an existing single-family lot with PID 250252400. The applicant
requests that the additional lot be preliminarily subdivided and final platted concurrently with this final plat
application. The applicant proposes creating 2 additional lots than were previously approved.
A preliminary plat request of 22 single family lots (21 new) was approved on August 9th 2021. Block 1 lots
1-17 are included in this final plat request. A Riley Purgatory Bluff Creek Watershed District Permit was
Conditionally approved at the October 6th Board of Managers Meeting. Chanhassen City council approved
a Development Contract for Grading purposes on October 25, 2021.
Comprehensive Plan Designation
The parent property has two 2040 Comprehensive Plan Land Use designations within the full boundary.
The property is primary guided as Residential Low Density with a section of land in the northwest corner
along Powers Blvd and TH 212 guided as Office. The proposed residential subdivision area falls within the
area guided for residential low density. Adjacent land uses to the south and north are either guided as
Residential Low Density or Residential Large Lot and a section of land to the north is guided as Parks
Open Space. All adjacent land uses are compatible to the proposed development proposal.
The proposed subdivision consists of 18 new single family lots and 1 existing home to remain. Residential
Low Density land use guides for single family housing density of 1.2 – 4.0 units per acre. The proposed
development plan has a net density of 1.33 units per net acre within the proposed new lots subdivision area.
Land Use Density Calculation
Gross Acreage (Full Property) - [A] 118.36 acres
Delineated Wetland Area (Wetlands 2, 3) 1 - [B] 22.564 acres
126
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 4 of 10
Subdivision Related Outlots (A, B, C) 2 - [C] 25.79 acres
Existing Residential Lot (Per proposed plat)-[D] 2.53 acres
Future Development Outlots – [E] 75.72 acres
Internal ROW [F] 3.29 acres
Approximate Subdivision Net Acreage = A – B – D – E - F 14.256 acres
Net Density (19 lots) 2 1.33 units per acre
Notes:
1) Wetland 1 is excluded as the development plan proposes to impact this wetland and Wetland 4 is
excluded since it is in a future development area.
2) Calculation includes Outlots A, B and C for density estimate (with wetlands 2 &3 areas deducted)
Zoning Classification
The zoning classification was approved to be rezoned to Single-Family Residential District (RSF) during
the Chanhassen City Council meeting dated August 9th 2021. The Chanhassen City Council also approved
the variances for the front yard setback (Lot 1, Block 1), wetlands setback (Lot 1, Block 1), and street
frontages (Lots 3 through 9, Block 1) at the meeting August 9th 2021.
A summary of required and proposed lot standards criteria for RSF zoning is as follows:
Required Proposed
Lot Area - Minimum 15,000 SF 15,029 SF (0.345 ac)
Average Lot Area N/A 20,844 SF (0.479 ac)
Lot Width – Minimum R/W Frontage 90’ 63.42’ (Variance Requested) 1
Lot Width – Minimum @ Front Setback N/A 90’ 2
Lot Depth – Minimum 125’ 134.4’
Setbacks:
Front 30’ 30’ (25’ min) (Variance Requested)3
Rear – Principal 30’ 30’
Side – Structure 10’ 10’
Wetland Buffer 30’ 30’ (20’min) (Variance Requested) 4
Maximum Impervious Lot Coverage 25% 25%
Maximum Principal Structure Height 35’ 35’
Minimum Right-of-Way Width 60’ 60’
Notes and zoning exceptions approved at City Council Meeting August 9th 2021, also see Variance
Approval section of narrative:
1) Variance requested for reduced frontage width for 7 lots (Lots 3-9, Block 1).
2) Proposed minimum lot width measured at the front setback.
3) Variance requested for 1 lot (Lot 1, Block 1) to reduce front setback to 25’ (only lot directly
adjacent to Foxwood lots).
4) Variance requested for 1 lot (Lot 1, Block 1) to reduce wetland buffer setback to 20’ (lot
adjacent to Foxwood lots).
Subdivision Features and Benefits
127
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 5 of 10
• 18 new single family homes and inclusion of the existing home to remain
• Preservation of onsite wetlands and creation of wetland buffers.
• Outlots provided over the preserved wetland area abutting the proposed new single family lots.
• Wetland outlot B and C to be provided to the City after final platting.
• Wetland buffer creation in accordance with City and Watershed requirements.
• Extension of public watermain south to 96th Street.
• Removal of the “temporary” Foxwood lift station and proposal for a new permanent lift station that
can be designed to accommodate future service for the existing homes on 96th Street.
• Significant tree preservation in area of development including proposal for a conservation
easement area.
• Site plan provides a secondary right of way connection for the existing Foxwood and 96th St.
housing developments.
• Extension of public right of way including roadway, sanitary sewer, and watermain to the southern
property boundary.
• Installation of stormwater management facilities to provide volume control, water quality and rate
control for runoff from the new roadway surfaces prior to discharging to the existing wetlands.
Site Access and Pedestrian Circulation
The initial phase of the development site has available vehicular right of way access from Eagle Ridge
Road by way of the Foxwood Development and 96th Street. Both Eagle Ridge Road and 96th Street
currently dead-end with temporary style turn-arounds. The development as proposed will provide second
access points to 2 existing developments improving the emergency servicing ability for each development
as well as the proposed Erhart Farm project.
The Eagle Ridge Road and 96th Street roadway extensions are proposed with the City standard 60’ wide
right of way and a 31’ back of curb to back of curb road width. A public sidewalk is proposed along Eagle
Ridge Road from Foxwood southerly to the proposed intersection with 96th St and along 96th St. The
proposed Eagle Ridge Way roadway section is proposed with a modification to City standard. The
development plan proposes the typical 60’ right of way width for Eagle Ridge Way, however, the road
width is proposed at a narrower 26’ back-to-back width. The proposed narrower width is requested to
reduce impervious surface, save additional trees and because this will be a single loaded road with homes
only on 1 side of the street.
The project is also proposing a nature trail routed along the rear of several lots adjacent to wetland 3 that
will be placed within a trail easement. The plan is for this trail is to ultimately cross the wetland 2 overflow
outlet to wetland 3 and connect to the TH 101 trail.
Grading and Topography
The site has been designed to fit within the existing natural features and topography. Mass grading will be
required to construct the public roadways, house pads, and stormwater management areas. Some small
retaining walls will be necessary to construct some future home sites, however, they are designed to stay
within individual lots with no cross-lot walls needed and thus will be the responsibility of the future lot
owners. Since the retaining walls are contained within individual lots they will be built as needed with the
home construction and could vary from depiction is subdivision submittal plans. The mass grading
activities do require removal of several onsite trees, however, there are significant tree savings proposed.
128
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 6 of 10
The grading plan proposed little to no grading within proposed wetland buffers and existing steeper slope
areas. Per City requirement all proposed graded slopes will not exceed 3 horizontal to 1 vertical.
Sanitary Sewer and Watermain
The site has limited access to public sanitary sewer via an existing lift station within Foxwood, however,
City Staff has provided direction that no additional homes should be added to the existing Foxwood lift
station. The Foxwood lift station was designed as “temporary” when the Foxwood project was constructed
and the long term plan was to connect the Foxwood gravity sewer to another lift station in the future. The
Erhart Farm development proposes to construct a new permanent lift station in the south end of the
proposed plat in Outlot F near 96th Street. The new lift station would allow for the removal of the Foxwood
lift station, however, the existing forcemain within Foxwood would be used by the new lift station. The
proposed lift station will also be designed with depth to serve the homes along 96th Street and that will
allow for the City to remove the existing lift station servicing the 96th St homes in the future.
The existing 4” forcemain that outlets the Foxwood lift station will be the same outlet for the proposed lift
station. The 4” forcemain does have a capacity for up to 226 homes, assuming the construction of a new
lift station, wet well and pumps to accommodate the additional flow. The existing Foxwood lift station
current serves 48 homes and the current final plat development proposal will add 20 new homes (this
includes 18 new homes and 2 existing). This will leave additional service capacity for roughly 158 homes
with construction of the new lift station.
The site will connect to public water via a 12” public watermain at the south end of Foxwood within Eagle
Ridge Road. The 12” watermain will be extended southerly through the project within Eagle Ridge Road
and stub for future extension. The project will extend or stub 8” diameter lateral trunk watermains within
the development and easterly in 96th Street for future connection to the homes in 96th St.
Stormwater Management
The development is located within the Riley Purgatory Bluff Creek Watershed District and so is required to
provide stormwater management in accordnance with RPBCWD and City regulations. The proposed
development’s stormwater management plan does provide the required volume control, water quality, and
peak rate control. The development will provide stormwater management via one wet pond, one
infiltration basin, and one filtration basin. The development is also proposing some permanent preservation
of upland area within conservation easement. Runoff to infiltration areas from the proposed roadways will
be captured and pretreated in a sump manholes and wetpond prior to discharging into the basins. The basins
will provide the required water quality and rate control of stormwater prior to discharging to the
downstream wetland.
Wetland Management
The site’s wetlands were delineated by Kjolhaug Environmental Services (KES). KES delineated any
wetlands near the proposed single family subdivision area and 4 wetlands (1, 2, 3 and 4) were identified. A
MnRAM analysis has been performed with the delineation to confirm the classifications of the wetlands.
The City of Chanhassen and Riley Purgatory Bluff Creek Watershed District have slight differences in
wetland classification labels and regarding wetland buffers requirements. The following is a summary of
the buffer requirements for the project:
129
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 7 of 10
Local Governmental Unit
City of Chanhassen Riley Purgatory Bluff Creek Watershed District
Wetland
Classification
Buffer Strip
Requirement
Principal
Structure
Setback
to Buffer
Accessory
Structure
Setback to
Buffer
Wetland
Classification
Average
Buffer
Width
Required
Min. Buffer
Width
Required
OUTSTANDING 50 50 50 N/A
PRESERVE 40 40 20 EXCEPTIONAL 80 40
MANAGE 1 25 30 15 HIGH 60 30
MANAGE 2 20 30 15 MEDIUM 40 20
MANAGE 3 16.5 30 15 LOW 20 10
The development plan assumes the most conservative buffer application as defined above by proposing
buffers in compliance with RPBCWD with the structure buffer setback in accordance with the City rules.
This combination of buffer and buffer setback that slightly exceeds the City’s standalone requirement. The
project does have an approved variance to reduce the principal structure setback to buffer for one lot (Lot 1,
Block 1), see Variance Request section of narrative. The following is a summary of the proposed wetland
buffers:
Wetland Area4 Classification Lineal
Frontage3
Buffer Area
For Avg Calc.4
Minimum
Buffer Width
Average Buffer
Provided
11 2,238 SF MANAGE 1 137 LF 12,347 SF 30’ 90.12’
2 139,758 SF MANAGE 1 986 LF 42,356 SF 20’ 42.96’
3 843,116 SF MANAGE 2 1,871 LF 75,582 SF 20’ 40.39’
42 19,962 SF MANAGE 2 61.5 LF 2,517 SF 20’ 40.93’
Notes:
1) This wetland is has 586 SF of impact.
2) A buffer to wetland 4 is only proposed for the area that has disturbed are upland of wetland.
3) Lineal frontage listed is as assumed for buffer requirement calculation, also refer to wetland
management plan for additional calculation details.
4) Actual wetland buffer to be provided is greater than value used for averaging calculation.
The development plan proposes impact to 1 of the delineated onsite wetlands. The small wetland 1 is to be
impacted because of the necessary road construction and associated grading and changes to existing
hydrology.
The applicant has previously received an interm use permit (IUP) to excavate within wetland 2 delineated
limits to create water storage areas. The wetland 2 work started in winter 2021 but was not able to be
finished at that time, and that work is proposed for completion in Winter 2021/22. The applicant has also
received no loss permit approval to excavate with a portion of Wetland 3 and plans to complete that
excavation work in winter 2021/22 as well.
Tree Preservation
130
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 8 of 10
The estimated baseline tree canopy coverage for the proposed development area is 84.2% of the net area
(excluding wetland areas). Per the City code, low density residential is allowed to remove trees to a limit
of 55% tree canopy prior to requirement of replacement mitigation. The development plan proposes to
maintain tree canopy coverage of 24.1% within the development area and thus tree replacement mitigation
is required. The developer proposes to install all of the tree mitigation within the proposed phase 1
development and disturbed areas. The applicant is submitting a Variance to the city code for tree planting
requirements. See sperate second variance request narrative.
The applicant is proposing a conservation easement over a portion of the rear of lots along Eagle Ridge
Way and abutting the buffer area of wetlands 2 and 3.
Landscaping
The landscape plan for the project includes boulevard and rear yard lot trees and seeding of disturbed areas
and stormwater management area. The proposed single family yards will be vegetated with typical
residential turf grass, disturbed outlot areas with native seed mix, and pond and infiltration basin with
appropriate seed mixes.
EASEMENT VACATION REQUEST
The proposed subdivision is creating new public Right of Way for proposed 96th street. There is currently a
permanent easement for public roadway, drainage and utility purposes over a section of the Southeast part
of the property. There is currently a turn-a-round at the end of existing 96th street that the easement covers.
The proposed development is connecting to the existing 96th Street and removing the turn-a-round. The
easement will no longer be needed with the proposed public ROW for 96th street. The document number for
the easement is 509111. The residents of Foxwood Development, Erhart Farm, and 96th will be able to
enter or exit at 96th Street and 101 or Eagle Ridge Road and 101.
APPROVED VARIANCE REQUESTS AUGUST 9, 2021
The proposed subdivision has 3 previously approved variances. The approved variances were approved by
City Council on August 9, 2021. Please refer to the Erhart Farm Preliminary Plat Application and Narrative
for the variance requests. The approved variances are:
1. 7 RSF zoned lots (Lots 3-9, Block 1) with less than 90 lineal feet of right of way frontage.
2. 1 RSF zoned lot (Lot 1, Block 1) with a proposed front setback of 25’
3. 1 RSF zoned lot (Lot 1, Block 1) with a proposed wetland buffer setback of 20’.
VARIANCE REQUEST, TREE REPLACEMENT
Variance to Section 18 to allow tree replacement plantings to be less than 2.5-inch (overstory) and
1.5-inch (understory) and waive the requirement for “certified nursey stock” for onsite transplants.
The variance would not apply to the trees proposed on the lots to be installed with the homes.
Variance Explanation and Justification (pursuant to Section 20-58)
a. Variances shall only be permitted when they are in harmony with the general purposes and
intent of this Chapter and when the variances are consistent with the comprehensive plan.
131
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 9 of 10
The purpose and intent of the tree replacement is to re-establish a tree canopy lost due to tree
removal. Per City code, one tree shall be deemed to provide 1,089 square feet of required canopy
coverage. Reducing the size of the initially planted tree does not impact the ultimate canopy value.
Also, transplants from onsite do not have risk of introducing insects and/or disease that a nursery
tree might, so the need for certification is eliminated.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the property owner
proposes to use the property in a reasonable manner not permitted by this Chapter. Practical
difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy
systems.
The code calculation for tree replacement for a fully wooded site requires more trees than can be
practically planted on the site. The Erhart Farm property being developed is the most heavily
wooded portion of the property. Additional tree preservation is not practical as the City has
required a collector roadway (with fixed connection points) and a deeper than typical sanitary
sewer through this heavily wooded area. The only option to preserve more trees is a no build
option and that does not facilitate the City Comp Plan requirements for the extension of Eagle
Ridge Road, nor the replacement of the temporary lift station installed in the Foxwood
neighborhood. In lieu of requesting a variance to reduce the number of trees required, the request
is only for reduction in the size requirement.
c. That the purpose of the variation is not based upon economic considerations alone.
The wetland buffers, pond slopes, and other proposed re-forestation areas are not appropriate
locations for typical 2.5-inch nursery trees. Smaller trees that can be hand planted are more
appropriate for these natural (and access restricted) areas. Also, tree transplanted from the onsite
(much of the site is a tree farm) are fully acclimated to the site conditions.
d. The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
The City allowed or facilitated the two dead end roadways (Eagle Ridge Rd and W 96th St) that
are now being connected at the City’s direction. The City designated the connection from
Foxwood to Powers Blvd as a Collector Road. The City’s trunk sewer plan requires a deeper than
typical sanitary sewer through the site. The only portion of the situation that is “created by the
landowner” is that the landowner planted a significant portion of the trees that are being removed
and is now obligated to replace per City code.
e. The variance, if granted, will not alter the essential character of the locality.
See comments in (a) above. The number of trees planted will meet the code. Some will be smaller
initially, but will rapidly catch up in size to a larger tree as the transplant shock is greatly reduced
with a smaller tree.
132
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 10 of 10
f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes
Section 216C.06, subdivision 14, when in harmony with this Chapter.
n/a
TIMING/PHASING
The applicant was approved for Grading and Tree Clearing on October 25, 2021. The applicant has started
to remove trees from the site. The applicant’s contractor will begin mass grading the site beginning spring
2022. Following the mass grading the applicant would begin street and utility construction if the final plat
plans are approved by city council. Thus beginning street and utility work late spring 2022.
CONCLUSION
The applicant respectfully concludes that the request for a final plat and preliminary subdivision approval
will allow for a development consistent with City Goals and Objectives for this area. The proposed
development will create a single family subdivision that; meets density goals of the area, is consistent with
the adjacent land uses and upgrades and extends public utilities and right of way to adjacent properties.
133
11032456789BLOCK 1OUTLOT A11121314151617
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2 PARCEL AREA TABLEPARCELB1-L1B1-L2B1-L3B1-L4B1-L5B1-L6B1-L7B1-L8B1-L9B1-L10B1-L11B1-L12B1-L13B1-L14B1-L15B1-L16B1-L17AREA SF15,33317,95818,04629,68028,61421,02320,38224,76427,56023,31921,18215,52519,06127,32923,85421,63522,436AREA AC0.350.410.410.680.660.480.470.570.630.540.490.360.440.630.550.500.52PARCEL AREA TABLEPARCELB1-L18B1-L19B2-L1B2-L2B2-L3B2-L4B2-L5OUTLOT AOUTLOT BOUTLOT COUTLOT DOUTLOT EOUTLOT FOUTLOT GOUTLOT HROWTOTALAREA SF20,45982,21016,42815,04615,54115,300102,57929,8821,000,02693,44230,049864,076564,645874,481910,403143,5095,155,775AREA AC0.471.890.380.350.360.352.350.6922.962.150.6919.8412.9620.0820.903.29118.364ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
PRELIMINARY PLAT - OVERVIEW 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:Being 5 feet in width and adjoining lot lines and 10 feet inwidth and adjoining right of way lines, unless otherwiseindicated on the plat.NOT TO SCALE134
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167.28'S89°53'00"E 514.70'L =1 9 5 .9 6 '
R =6 3 5 .8 3 '
Δ =1 7 °3 9 '3 0 "L=237.58'R=358.31'Δ=37°59'27"=N0°02'05"W
201.86'1383.62'=5ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
PRELIMINARY PLAT - VIEW A 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:Being 5 feet in width and adjoining lot lines and 10 feet inwidth and adjoining right of way lines, unless otherwiseindicated on the plat.NOT TO SCALE135
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19OUTLOT COUTLOT B96TH STREETN0°28'49"W 290.40'S89°34'34"W150.00'S0°28'49"E 290.40'S89°34'37"W 450.00'S0°28'49"E 290.41'979.47'=======N89°34'34"E 183.00'==BLOCK 2BLOCK 25
42315BLOCK 2
42315BLOCK 2
6ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
PRELIMINARY PLAT - VIEW B 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:Being 5 feet in width and adjoining lot lines and 10 feet inwidth and adjoining right of way lines, unless otherwiseindicated on the plat.NOT TO SCALE136
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FARMFINAL PLAT -
PHASE 1
STREET
AND UTILITYLANDSCAPE PLAN733 Marquette
Avenue Minneapolis, MN 55402
612.758.
3080 www.alliant-
137
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
Review comments from the December 2021 preliminary site plan submittal are made in blue italic font.
Comments updated January 10, 2022.
June 22, 2021
City of Chanhassen
c/o Bob Generous AICP
Senior Planner
952-227-1131
bgenerous@ci.chanhassen.mn.us
Re: Development / Access Review Comments: Erhart Farm Preliminary Plat – FINAL
PLAT – located at PID# 251550022 adjacent to County State Aid Highway (CSAH)
101 (Great Plains Blvd.) and CSAH 17 (Powers Blvd.)
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 access onto the County Highways –
a. A Transportation Impact Analysis (TIA) is required based on the number of proposed
units for the full development of the parcel and potential traffic impacts to CSAH 101
and CSAH 17. The TIA will need to evaluate the operations at the following
intersections: CSAH 17/Proposed local road intersection, CSAH 101/96th St., and CSAH
101/Eagle Ridge Rd. intersections. See the attachment titled Appendix A: Traffic Impact
Analysis Process for requirements. Based on TIA findings, County may impose
reasonable conditions to mitigate development driven traffic impacts at these
intersections.
i. Condition applies. TIA required prior to final plat approval.
b. Future access is proposed at CSAH 17 for the full buildout of the development. The
proposed access to CSAH 17 is located 0.15 miles from the CSAH 17/TH 212 ramp
intersection to the north and 0.29 miles from the CSAH 17/CSAH 14 intersection to the
south. Turn lanes have already been constructed at the proposed access point.
i. The County’s Access Spacing Map in the 2040 Comprehensive Plan (Figure
4.14) identifies this segment of CSAH 17 as Category 5B, which guides full
access intersection spacing at ¼ mile intervals and secondary (limited)
intersection spacing at 1/8 mile intervals. As proposed, the distance to the
CSAH 17/TH 212 ramp intersection meets the spacing guidance for secondary
(limited) access consideration and the distance to the CSAH 17/CSAH 14
intersection meets the spacing guidance for full access consideration. More
information and review of operations and safety analysis from the TIA is
138
needed to determine the recommended and allowable intersection type at the
CSAH 17 connection point.
1. Condition applies. No access to CSAH 17 will be allowed or approved
until all conditions are met.
c. No additional direct access to CSAH 101 is proposed. Additional County review and
approval will be required if this condition changes.
i. Information.
2. Regarding highway right of way –
a. CSAH 17 at this location is a 4-lane divided urban roadway facility with a trail on both
sides. The existing right of way adjacent to the parcel varies but is approximately 50 ft.
from the centerline of the roadway plus a State-owned outlot with a variable width. The
right of way and combined State-owned outlot for CSAH 17 appear to meet the right of
way guidance for consistency with the County’s 2040 Comprehensive Plan (Figure B.6),
but further review of preliminary plat and survey documents is required to confirm this.
i. Condition applies. Right of way appears consistent with planning guidance.
b. CSAH 101 at this location is a 4-lane divided urban roadway facility with a trail on both
sides. The existing right of way adjacent to the parcel varies but is approximately 75 ft.
from the centerline of the roadway. The right of way for CSAH 101 appears to meet the
right of way guidance for consistency with the County’s 2040 Comprehensive Plan
(Figure B.6), but further review of preliminary plat and survey documents is required to
confirm this.
i. Condition applies. Right of way appears consistent with planning guidance.
c. Review of plat documents is needed to ensure existing right of way around the two
stormwater ponds adjacent to CSAH 101 is shown on the drawings.
i. Condition applies. Revision required. There is a Drainage and Utility easement
missing in Outlot B for the triangle shaped stormwater pond on the west side of
CSAH 101.
d. County recommends all new, dedicated outlots adjacent to the County right of way be
owned by the City.
i. Condition applies. Request to confirm Outlot B ownership ahead of final plat
approval.
3. Noise mitigation along CSAH 17 and CSAH 101 is recommended via increased setback,
berm, and/or other screening of planned dwellings adjacent to CSAH 17 or CSAH 101.
i. Condition applies. Request for information regarding proposed noise mitigation
measures.
4. The County will need to review and approve the final grading plans for properties adjacent
to CSAH 101 and CSAH 17. A grading permit will be required for grading work within the
highway right of way.
i. Condition applies. Additional review and coordination needed for permit
approval.
5. The technical details of the final plat, its boundaries and form(s) will need to be reviewed
139
and approved by the County Surveyor.
i. Condition applies for final approval.
6. 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 an Access, 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.
i. Condition applies. Additional review and coordination needed for permit
approval.
7. 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.
i. Information.
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
140
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COI.INTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
Aprit 7,2022, 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 ofConsider a request for
rezoning and preliminary plat to add two lots to the approved preliminary plat for the
Erhart Farm development with a variance from the tree replacement requirement. Zoned
Agricultural Estate District (A2). Property Owner: Black Cherry Development, LLC 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.
Kim . Meuwissen, City lerk
Subscribed and to before me
thisZl day of 2022.
Notary c
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141
Oisclaimel
This map is nefier a legally recorded map nor a survey and is not intended to tle used
asone. iflis map is a @mpilation of records, infofinatron and data localed in various crty,
county, state and federaloffrces and other sources regarding the area shown, and is to
be used ior reference purposes only. The City does not wanant that the Geographic
lniormation System (GlS) Data used to prepare lhis map are ero. free and the City does
not ep@s€nt that the GIS Data can be used for navigational tracking or any other
purpose requidng exacting measlrement of distance or directon or precision in the
depictron of geog€phic features. The preceding disclaimer is provided pursuant to
Minnesota Statutes 5466 03. Subd. 21 (2000), and the user of this map acknowledges
that lhe City shall not be liable for any damages, and expressly waives all claams, and
ag.ees to defend, indemniry, and hold hamless the City ftom any and all claims brought
by l..,ser, its employees or agents, or third partles which adse out of the useis ac.ess or
use of data provided.
(TAX_NAMED
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Disclaimer
This map is neither a legally aecorded map nor a survey and is not intended to be used
as one. This map is a compilafon of records, infomaton and datra located in various oty,
county, state and federal offces and other sour@s regarding the area shown, and is to
be used for reference purposes only. The City does nol wanant that the Geographic
lnformation System (GlS) Data us€d to prepare this map are enor free, and the City does
not represent that the GIS Data can be used for navigatjonal, tracking Or any other
purcose requaring exactng measurement ot distance or direction or precision in lhe
depiction of geographic features. The preceding dasdaimer is provided pursuant to
Minnesota Statules S466.03, Subd 2l (2000), and lhe user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all daims. and
agrees lo detend, indemnafy, and hold harmless the City lrom any and all claims brought
by User, its employees or agents, or third partles whici arise out ofthe use/s access or
use of data provided.
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145
Planning Commission Item
April 19, 2022
Item Consider a Code Amendment Regulating the Outdoor Storage of Watercraft on
Residential Properties
File No.Ordinance Amendment File No. 2020-05 Item No: B.5
Agenda Section PUBLIC HEARINGS
Prepared By MacKenzie Young-Walters, Associate Planner
Applicant
Present Zoning
Land Use
Acerage
Density
Applicable
Regulations
Sec. 20-909. - Outdoor storage: Allows continued storage of boats, all-terrain
vehicles, snowmobiles and trailers in side or rear yards. This storage may not
extend past the front of the principle structure, and the front of the structure is
defined as the side accessed by the driveway.
SUGGESTED ACTION
"The Chanhassen Planning Commission recommends the City Council approve the proposed
amendment to Sections 1-2 and 20-909 of the Chanhassen City Code concerning the outdoor storage
of watercraft."
SUMMARY
A Councilmember who voted against the previously considered Code amendment asked the City
Council to reconsider the issue on a more narrow basis by considering amending the City Code to
permit the seasonal storage of watercraft on the driveways of residential properties.
146
BACKGROUND
On March 21, 2022, a majority of the City Council agreed to a resumption of discussion on this
narrowed item. The City Council discussed the possibility of permitting the seasonal storage of one
watercraft trailer and associated watercraft on driveways. The City Council instructed staff to draft a
formal proposal and hold a public hearing to gather public input.
On May 24, 2021, the City Council discussed a proposal to allow one boat, trailer, or recreation vehicle
to be stored on the driveway between April 1st and November 1st. A vote to approve the proposed
ordinance amendment failed 2 to 3.
On April 26, 2021, the City Council discussed numerous possible changes to the outdoor storage
ordinance during the work session. They instructed staff to garner additional public input before
bringing the item back for consideration.
On December 14, 2020, the City Council discussed the proposed amendment to allow one boat, trailer,
or recreation vehicle to be stored in the driveway. The City Council determined that additional
information was required and they voted unanimously to table the proposed ordinance amendment.
On November 17, 2020, the Planning Commission held a public hearing to consider allowing one boat,
trailer, or recreation vehicle to be stored in the driveway. The Planning Commission voted unanimously
to recommend approval of the proposed ordinance amendment.
Ordinance 80, adopted in December of 1986, allowed outdoor storage of trailers, boats, and recreational
vehicles in rear or side yards. This ordinance has not been substantively modified since its adoption; the
handful of amendments passed and all served to clarify rather than significantly alter the original
ordinance.
Ordinance 47A, adopted in February of 1974, allowed outdoor storage of trailers, boats, and recreational
vehicles in one side yard if rear yard was inaccessible.
Ordinance 47, adopted in February of 1972, allowed for the outdoor storage of trailers, boats, and
recreational vehicles in rear yards.
DISCUSSION
The City Code limits the outdoor storage of watercraft to the rear or side yard behind the front of the
principle structure. One of the most common complaints that the City receives is that a neighbor is
storing a watercraft in their driveway in violation of this provision. Most of the complaints are received
during the summer months when watercraft are taken out of their winter storage locations and residents
wish to have convenient access to their watercraft for the boating season. Residents who receive a
violation notice for this offense often express frustration that they cannot use their property as they wish
and observe that many properties throughout the City do not follow this rule. Residents who lodge
complaints about watercraft being stored in the driveway are often frustrated when the items are moved
for a week or two and then reappear or when it takes weeks for the offending watercraft to be relocated.
Due to limited staff capacity, the inherently portable nature of watercraft, and the fact that many
properties struggle to accommodate the side or rear yard storage of these vehicles, there is widespread
non-compliance with this ordinance and it is challenging to effectively enforce.
147
Last year the City considered and ultimately rejected an amendment to the City Code that would have
addressed the outdoor storage of boats, all-terrain vehicles, snowmobiles, and trailers. During the public
input portion of that discussion, 17 of 35 residents who contacted the City about the proposed changes
expressed opposition to changing the ordinance and staff found that 12 of 13 surveyed Homeowners
Associations (HOA) indicated that they prohibit the outdoor storage of these items and were not in
favor of the proposed changes. As part of their research on this issue, staff conducted a review of how
19 other Cities in the area regulate the outdoor storage of watercraft and other non-passenger vehicles,
and found that the majority allow for some driveway storage.
The current proposal differs from last year’s in that based on direction received from members of the
City Council, staff has refined the proposed amendment to focus solely on the seasonal storage of
watercraft. Amending the City Code to permit residents to store a single watercraft trailer and
associated watercraft in their driveway from April 1st to October 1st would resolve the most common
enforcement issues with the current ordinance. Any change to City ordinance would not affect or
override HOA rules so amending the ordinance would not alter the current situation in those
neighborhoods. Staff feels that the proposed amendment strikes the appropriate balance between
allowing residents reasonable use of their property and preserving the character of the City’s
neighborhoods.
A full discussion can be found in the attached staff report.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council approve the
proposed amendments to Sections 1-2 and 20-909 of the City Code.
A bold/strikethrough copy of the proposed ordinance is provided as an attachment.
ATTACHMENTS
Watercraft Issue Paper
Proposed Ordinance
Email Comments
148
CITY OT CIIAI'IIIASSIN
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
MEMORANDUM
TO:Planning Commission
FROM: MacKenzieYoung-Walters,AssociatePlanner
DATE:Apil19,2022
Watercraft StorageSUBJ:
The City Code does not permit the storage of watercraft on driveways; however, some residents
store their watercraft in their driveway and questions have arisen as the desirability ofthe existing
prohibition. Additionally, the difficulties associated with enforcing this prohibition have led to
frustration with the ordinance and some residents feeling that the City's enforcement practices are
ineffective or unfair.
The City Code limits the outdoor storage of watercraft to the rear or side yard behind the front ofthe
principle structure. One of the most common complaints that the City receives is that a neighbor is
storing a watercraft in their driveway in violation of this provision. Most of the complaints are
received during the summer months when watercraft are taken out of their winter storage locations
and residents wish to have convenient access to their watercraft for the boating season. Residents
who receive a violation notice for this offense often express frustration that they cannot use their
property as they wish and observe that many properties throughout the City do not follow this rule.
Residents who lodge complaints about watercraft being stored in the driveway are often frustrated
when the items are moved for a week or two and then reappear or when it takes weeks for the
offending watercraft to be relocated. Due to limited staff capacity, the inherently portable nature of
watercraft, and the fact that many properties struggle to accommodate the side or rear yard storage of
these vehicles, there is widespread non-compliance with this ordinance and it is challenging to
effectively enforce.
Last year the City considered and ultimately rejected an amendment to the City Code that would
have addressed the outdoor storage ofboats, all-terrain vehicles, snowmobiles, and trailers. During
the public input portion of that discussion, l7 of35 residents who conucted the City about the
proposed changes expressed opposition to changing the ordinance and staff found that 12 of 13
surveyed Homeowners Associations (HOA) indicated that they prohibit the outdoor storage ofthese
items and were not in favor ofthe proposed changes. As part oftheir research on this issue, staff
conducted a review ofhow 19 other Cities in the area regulate the outdoor storage of watercraft and
other non-passenger vehicles, and found that the majority allow for some driveway storage.
PH 952.227.1 I 00 . www.ci.chanhassen.mn.us . FX 952.227.11 l0
77OO I4ARKET BOULEVARD .PO BOX i4T.CHANHASSEN .MINNESOTA 55317
ISSUE
SUMMARY
149
Planning Commission
Outdoor Storage: Watercraft
Apil 19,2022
Page2
The current proposal differs from last year's in that based on direction received from members of the
City Council staff has refined the proposed amendment to focus solely on the seasonal storage of
watercraft. Amending the City Code to permit residents to store a single watercraft trailer and
associated watercraft in their driveway from April l't to October 1't would resolve the most common
enforcement issues with the current ordinance. Any change to City ordinance would not affect or
override HOA rules so amending the ordinance would not alter the current situation in those
neighborhoods. Staff feels that the proposed amendment strikes the appropriate balance between
allowing residents reasonable use oftheir property and preserving the character ofthe City's
neighborhoods.
Sec. 20-909. - Outdoor storage: Allows continued storage ofboats, all-terrain vehicles, snowmobiles
and trailers in side or rear yards. This storage may not extend pasl the front of the principle structure,
and the fiont ofthe structure is defined as the side accessed by the driveway.
BACKGROUN
On March 21,2022, members of the City Council asked for a resumption of the discussion of this
item. The City Council discussed the possibility of permitting the seasonal storage ofone watercraft
trailer and associated watercraft on driveways. The City Council instructed staff to draft a formal
proposal and hold a public hearing to gather public input.
On May 24,2021, the City Council discussed a proposal to allow one boat, trailer, or recreation
vehicle to be stored on the driveway beween April l't and November 1st. A vote to approve the
proposed ordinance amendment failed 2 to 3.
On April 26,2021, the City Council discussed numerous possible changes to the outdoor storage
ordinance during the work session. They instructed staff to gamer additional public input before
bringing the item back for consideration.
On December 14,2020, the City Council discussed the proposed amendment to allow one boat,
trailer. or recreation vehicle to be stored in the driveway. The City Council determined that
additional information was required and they voted unanimously to table the proposed ordinance
amendment.
On November 17 ,2020, the Planning Commission held a public hearing to consider allowing one
boat, trailer, or recreation vehicle to be stored in the driveway. The Planning Commission voted
unanimously to recommend approval ofthe proposed ordinance amendment.
Ordinance 80, adopted in December of 1986, allowed outdoor storage oftrailers, boats, and
recreational vehicles in rear or side yards. This ordinance has not been substantively modified since
its adoption; the handful of amendments passed all served to clariff rather than significantly alter the
original ordinance.
RELEVANT CITY CODE
150
Planning Commission
Outdoor Storage: Watercraft
April19,2022
Page 3
Ordinance 47A, adopted in February of 1974, allowed outdoor storage oftrailers, boats, and
recreational vehicles in one side yard if rear yard was inaccessible.
Ordinance 47, adopted in February of 1972, allowed for the outdoor storage oftrailers, boats, and
recreational vehicles in rear yards.
Existing Ordinance:
The City has prohibited the outdoor storage ofboats, all-terrain vehicles, snowmobiles, and trailers
within front yards and driveways since 1972 while allowing these items to be stored within the rear
yard. In 1986, the City amended the 1972 ordinance to allow the storage of boats, all-terrain
vehicles, snowmobiles, and trailers in both the side and rear yards. As it is currently structured, the
existing outdoor storage ordinance permits the outdoor storage ofboats, all-tenain vehicles,
snowmobiles, and trailers within a property's rear and side yards so long as these items are owned by
a resident owner or lessee of the property and do not extend beyond the front ofthe principle
structure. There is no stated limit to the number of items that may be stored on a property, though an
excessive number of items, especially ifthey are not well maintained, could trigger the City's
nuisance ordinance. Additionally, it should be noted that residents may store non-commercial cars
and trucks in their driveways.
The intent of the existing ordinance is to balance the right of property owners to store their
possessions on their property with the impact of that storage on the surrounding neighborhood.
Many residents have indicated that they object to living next to houses with multiple boats, all-
terrain vehicles, snowmobiles, and trailers stored on the property. These objections become even
more stringent when these items are located in the front yard and are readily visible from the street.
There is general agreement that the lowered curb appeal associated with these items being stored in
the front lawn lowers properfy values and constitutes a nuisance; however, there is not a clear
consensus ifthe seasonal storage of watercraft within a property's driveway is undesirable in the
same way as the storage of other items on the front lawn. Additionally, some residents have stated
that the driveway storage of watercraft is aesthetically preferable to side yard storage.
The existing ordinance has the advantage of clearly stating where items can be stored; if an item
extends beyond the front ofthe principle structure, it is in violation of the ordinance. Additionally,
since it has been in existence for 36 years most residents are aware of it and have made storage
arrangements based around its provisions. That being said, some of the language within the existing
ordinance can also complicate enforcement issues. For example, the ordinance talks about
"continued storage" but this term is not defined. Some residents have argued that ifa boat is used
most weekends it is not continued storage and should be allowed, whereas others have argued that a
boat kept in a neighbor's driveway ovemight before a fishing trip for a single day each year is a
violation. Both ofthe above positions clearly violate the spirit of the ordinance, but it becomes much
more difficult to determine what should be done in cases where a watercraft is present for a couple
weekends each month or for a week during the start and end ofthe boating season each year. In the
ANALYSIS
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absence ofclear guidance, either the resident making the complaint or the resident who is notified of
a violation will tend to feel the City is treating them unfairly, taking the other party's side, or
misinlerpreting the City Code.
Fringe cases aside, some residents have expressed frustration with the fact that other residents do not
follow the ordinance and regularly store watercraft in their driveway. The City does not have enough
dedicated code enforcement staff to proactively patrol for violations of this ordinance and instead
engages in complaint-based enforcement. This leads to a situation where some neighborhoods do not
mind and never report violations, but other areas quickly report any observed violations. The result
ofthese differing neighborhood standards can be residents not realizing that these items should not
be stored in the driveway. Driving around some neighborhoods they see many ofthese items in
driveways and end up feeling surprised and frustrated when they are informed that they can only
store their watercraft in their rear or side yard.
While most residents are responsive and correct violations once they are informed of them, there is a
subset ofresidents who will move the item for a few days or weeks, just long enough to pass the
follow-up inspection, and then resume storing the watercraft in its previous location-
Understandably, this creates a large amount of frustration for the individual who reported the
violation as they repeatedly call in the same violation and there is an appearance of inaction on the
City's part.
A final concem is the fact that the existing ordinance was created before the City's Residential Low
and Medium Density (RLM) and most of the City's Residential Planned Unit Development (PUDR)
districts. The RLM district and some small loVcluster PUDRs allow for 5-foot side yard setbacks on
the garage side. While the outdoor storage ordinance allows watercraft to be stored in the rear or side
yard, most ofthese items are too wide to fit alongside the garage in these districts without crossing
the property lines. Similarly, the 5-foot garage side yard may not allow a resident to transport these
items to the rear yard for storage purposes without uespassing on their neighbor's property. This
creates a situation where homeowners in these districts are effectually unable to utilize their property
to store their watercraft.
Possible Impacts of Proposed Amendmenl:
As was observed in the previous section, the existing ordinance has been in place for 34 years and
due to this, many residents have longstanding expectations that watercraft will not be stored in
driveways. Some residents may see amending the ordinance to allow for the seasonal storage of
watercraft as a change that will lower the aesthetic character oftheir neighborhood and negatively
affect their property values. Many ofthese residents may also have arranged to store their watercraft
offsite, and they may feel it is unfair to alter the City Code to accommodate neighbors who are
unwilling to adhere to existing community standards. Altematively, they may simply be relieved that
they no longer have to pay for the summer storage of their watercraft and may not be concemed with
the seasonal storage of watercraft within driveways.
In a similar vein, most HOAs, 12 of I 3 that responded to a City survey, in the city have covenants or
policies prohibiting the outdoor storage of watercraft in driveways. Nothing requires the City Code
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to align with HOA rules and HOAs can adopt provisions that are more restrictive than the City
Code; however, staff is aware that significant differences between HOA rules and City Code can
create confrrsion for residents and HOA representatives. Additionally, some HOAs prefer to use the
City to enforce their rules when they overlap with City ordinances, and these HOAs may be
frusffated by a change in City policy that requires them to actively enforce their policies, rather than
referring enforcement action to City staff.
As was discussed in the previous section, the diffrculties in enforcing this ordinance and apparent
inconstancies caused by the complaint-based nature ofthe City' enforcement process causes a great
deal of frustration for all parties. While a full rewrite of the outdoor storage ordinance could
significantly affect existing neighborhood aesthetics, staffbelieves that allowing the seasonal storage
of watercraft in driveways would have a much more limited impact as many of these items are
already present in the community and HOA standards and prohibitions would remain in place. The
proposed change would also reduce the amount of frustration generated by the outdoor storage
ordinance by removing the most common and difficult to remedy violation.
Olher Communilies:
Staff reviewed the policies of 19 municipalities, including Chanhassen, in order an attempt to
identifu local trends in regulating outdoor storage, with a specific focus on watercraft. There was a
geat deal of variation between the various ordinances, including variations in terminology, that
make direct comparisons very difficult, but staff was able to identify several trends. Common areas
regulated were: 1) where in the yard vehicles can be kept; 2) setbacks for the storage ofthese
vehicles; 3) what surfaces vehicles can be kept on; and,4) the number ofvehicles that can be stored
on a property. Most communities, 16, had one set ofregulations for all non-passenger vehicles,
though three had separate categories for different types ofnon-passenger vehicles. When separate
categories existed, two communities had special standards for motorhomes and one had special
standards for boats.
While most communities surveyed, l5 of 19, permitted driveway storage, many of those
communities limited that storage in some way. As the table shows, approximately one in five cities,
including Chanhassen did not lt an drivewa sto . An identical rcen of cities allowed
the uffestricted storage of
watercraft in the driveway. The
rest allowed the use of
driveways for storage, but
limited that storage by season,
i.e. watercraft were allowed in
the driveway only dwing
boating season, or placed limits
on the size or number of
vehicles. Many of these cities
also had provisions requiring
Allowed on driveway
Yes with limits+Seasonally NoYes
7 4 l# of City's allowing .1
2t .050/o2l .05Yo 36.84%
*Typical limits: number ofwatercraft, type of watercraft, lengh of watercrafl,
curb setbacks, or demonsrated lack of altemative location.
that items stored in the driveway be setback a minimum distance from the road or front lot line.
2l .05Yo% oftotal
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Most cities, 16 out of 19, also required side yard setbacks. The most common side yard setback was
five feet, 1l out of 19 cities, but four cities used a sliding setback based on size or required
watercraft to meet zoning distract setbacks. One city imposed a l0-foot side yard setback for all
outdoor storage. Chanhassen was one ofthree cities that did not impose a side yard setback.
There was a more even split between cities that required watercraft stored in the side or rear yard to
be parked upon an improved surface and those that did not. Just over half, I I of 19, did not require
watercraft to be parked on an improved surface. Chanhassen was one ofthe cities that allowed these
types of vehicles to be parked on grass. The other eight cities required that all vehicles be parked on
a parking pad made of concrete, bituminous, pavers, or other approved hard surface.
Finally, a great deal of variation was present in if and how communities limited the number of
watercraft that could be stored outdoors on residential properties. Just under halfofthe cities
surveyed, eight of 19, did not place a limit on the number ofvehicles. Chanhassen was one ofthe
cities that did not explicitly limit the number of items that could be stored. The eleven cities that did
regulate the number ofvehicles stored outdoors used many different systems. Some allowed up to
four vehicles to be stored but included cars as well as non-passenger vehicles in that total. Others
regulated by type or size allowing two or three watercraff/trailers, and/or recreational vehicles but
only one of a certain tlpe or over a certain lengh or height. When passenger vehicles were not
included in the count, a limit of two or three total non-passenger vehicles was the most cornmon cap
for communities with a limit on the number of items stored outdoors.
Potential Areas for Change:
Examining other cities' ordinances can provide useful information, but each city's outdoor storage
ordinance needs to reflect the expectations oftheir residents, limitations of their zoning districts, and
available enforcement resources. Keeping in mind these elements, staff evaluated the following areas
within the city's outdoor storage ordinance for potential amendment: l) driveway storage; 2) side
yards setbacks; 3) allowed surfaces;4) size of watercraft; 5) number of watercraft; and, 6) duration
of storage.
The first issue is likely to have the largest impact on the p€rceived character ofthe City's
neighborhoods. While allowing driveway storage would be a significant change on paper, the fact
that violations ofthis ordinance are relatively common means that the actual change to the
appeamnce of the City's neighborhoods would be more limited. It is likely that some residents that
currently store watercraft offsite would switch to storing them in their driveway, but given the
current prevalence ofdriveway storage throughout the City, the visual impact ofthis uptick is
As the information above shows, there is a great deal of variety in how cities regulate the outdoor
storage of watercraft. Chanhassen's ordinance is more restrictive than most in that it does not allow
for any storage within driveways and more flexible than most because it does not require outdoor
storage to meet any side yard setbacks. Similarly, Chanhassen's ordinance is in the minority by not
limiting the number ofvehicles, but in the majority by not requiring storage on improved surfaces,
though there is a fairly even split in both these provisions.
154
unlikely to be dramatic. Additionally, in neighborhoods where HOA covenants prevent the outdoor
storage of watercraft, those rules would still be in force and there would be no change. Residents
living in HOAs that do not currently ban this type of storage would also have the option of passing
new bylaws to create or maintain desired neighborhood standards.
Outside of aesthetic concerns, the most significant issue with allowing driveway storage is the
possibility for this storage to obstruct sightlines, sidewalks, or the public right-of-way. These
concems can be addressed by requiring driveway storage to be inside ofthe front property line. Most
city streets have l0 to l5 feet ofpublic right-of-way between the curb and start ofa resident's
property. The gap that this would create between the rear of stored watercraft and the start of the
road will keep the sightlines clear in most cases and will prevent any obstruction to vehicles
traveling on the road. Sidewalks are typically located within the right-of-way as well, which means
in most cases watercraft stored inside ofthe front property line should not obstruct this
infrastmcture. In the rare cases where a public sidewalk is located within a resident's property, the
City's nuisance ordinance would require that the sidewalk remain unobstructed.
A potential complication is the fact that many residents are not aware ofthe exact location oftheir
front property lines. This could result in staff needing to conduct enforcement actions in response to
complaints received about watercraft parked on the driveway that are partially within the public
right-of-way. In general, staff expects that these enforcement activities would be educational, since
most residents upon being informed ofthe location oftheir front lot line will be able to address the
violation by pulling the watercraft further forward, rather than needing to undertake a more
complicated and expensive solution like finding an offsite storage facility.
The second issue is the fact that the City does not cunently require outdoor storage to meet any side
yard setbacks. The rational for that policy is that these items are mobile and do not meet the
definition ofa structure. Additionally, if the City were to require outdoor storage to adhere to a
S-foot side yard setback it would create a code provision that many, ifnot most, residents could not
take advantage of. Most of the City's detached single-family homes are located in districts with l0-
foot side yard setbacks and many of these homes are built exactly 10 feet from the property line.
Since many watercraft trailers are wider than five feet, these properties would not actually be able to
store items in their side-yard, despite the ordinance saying they can. Many residents have become
accustomed to storing these items alongside their garage within five feet of their side lot line and
would likely be frustrated by a change to the City's ordinance that prohibits storage in that location.
To date, staff has not received a significant number of complaints from residents upset by the side
yard storage of watercrafts.
The third issue, allowed surfaces, is closely related to the second issue of setbacks. All improved
surfaces like gravel, concrete, bituminous, and pavers would be considered a structure or driveway
under the City Code and would be subject to the relevant setbacks. Ifthe City were to require that
watercraft be stored on improved surfaces, it would essentially be creating a 5-foot minimum
setback that would involve all of the concerns explored in the second item. Beyond those issues, it
would also lead to a situation where properties up against their lot cover limit would be unable to
store their watercraft on their property due to an inability to add a parking pad. This could create
Planning Commission
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situations where residents who were previously able to store these items in their rear or side yard are
no longer able to do so. Generally, the rationale for requiring improved surfaces is aesthetic, i.e.
people believe it looks nicer, and to protect yards from being damaged by storage. Were the City
Code to be amended to permit the storage of watercraft on driveways, that storage would need to be
on impervious surface due to the City's requirement that driveways be constructed ofa hard surface
material.
The fourth issue, size of watercraft, is not currently regulated by the City. There is an obvious
difference in the visual impact that storing a 40-foot long versus a 10-foot long watercraft has. Some
cities have attempted to address this by establishing maximum height and length requirements for
the outdoor storage ofvehicles. In reviewing the policies ofother municipalities, there did not
appear to be any consensus on how big was too big and many municipalities allowed smaller
vehicles to be stored in the driveway while relegating larger vehicles to the side or rear yard.
The main rationale behind these types ofpolicies is a desire to prevent vehicles from extending into
the right-of-way, obsuucting sidewalks, and blocking sight lines, as well as mitigating the visual
impact on neighbors. All ofthese goals, except the last, can be better managed by requiring
watercraft to be located behind the front lot line. This type of approach will also serve to indirectly
limit the length of watercraft due to the tendency of homes to be built right up to their minimum
front yard setback. In practice, this would mean that most properties would be able to accommodate
the outdoor storage of something 20 to 25 feet long since the most common front yard setbacks in
the City of Chanhassen are 25 and 30 feet. In cases where houses are set back significantly further
from their front lot line, for example in the City's large lot districts where the front yard setback is
50 feet, the visual impact of the increased size of items will be partially offset by increased distance
from the road and gteater separation between properties.
StafFs concern with directly regulating watercraft lenglh is that any size limit imposed would be
arbitrary and subject to challenge by residents upset that their neighbor's 22-foot boat is okay but
their 24-foot boat is not. There are also enforcement challenges created by an ordinance that requires
inspectors to enter private property to measure the length and/or height ofvehicles. Staffbelieves
that the indirect limits created by requiring these vehicles to be inside of the front lot line are
sufficient to address the major concems associated with the size of stored items.
The fifth issue, number of items, is mostly unregulated by the City's outdoor storage ordinance. The
ordinance does limit properties to a maximum ofone recreational vehicle, but does not limit the
number ofvehicles that can be stored on a property. From time to time, the City does receive
complaints from residents about properties that have multiple vehicles stored outside. Often
residents feel that large numbers ofvehicles stored on a property create an unpleasant appearance
and violate neighborhood norms. Despite this, so long as the items are in good repair it is difficult to
make the case that they violate the nuisance ordinance and ifthey are located in the rear or side yard,
they are permitted by the City's outdoor storage ordinance.
The presence oflarge numbers vehicles on a single property can be visually unappealing and be out
of keeping with the character of the City's single-family neighborhoods. Currently, staffis aware of
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Planning Commission
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a relatively small number ofproperties that have more than two non-passenger vehicles stored
outside; however, an unintended consequence of allowing residents to use their driveways to store
watercraft may be an increase in the number of vehicles stored on residential properties. It should be
noted that residents may store as many passenger vehicles as they wish to on their property, so long
as they are stored on an improved surface.
Allowing the seasonal storage of watercraft within the driveway will help resolve these issues. If
driveway storage is permitted during a period from April l't to October lst, any storage within that
timeframe would be in compliance with the City Code. Storage of a watercraft in the driveway
outside ofthat period would be easier to address, as staff would not expect to encounter transient
Proposed ordinance ffvpical Lotl
C.n Store (rear, side yard, end drivswsyl
Cannot Storo
(Front Y.rd end rid[-of-w8y)
Front Lot line (ritht-of-way)
curb (paved -surta-ce)-Str€at
watercraft during the period ofthe year where they
cannot be utilized. That being said, given the
inconstancies of Minnesota's weather staff expects
in some years where the boating season starts early
or ends late, there will be enforcemenl issues in the
weeks before or after the ordinance's start and end
dates.
Prooos.d ordimn@ lco.i.r Lot)
csn sto.. (r..r, 3idG y!rd, .nd d.iu.v.y)
c.nnct Stora
(Frorlt Y.rd.nd
.rthtd-*.V)
The final item, duration of storage, is a source of ambiguity within the existing City Code. The
outdoor storage ordinance prohibits continuous storage outside ofthe rear or side yard, but does not
provide any guidance on what constituted continuous storage. Many times the City receives a spike
in outdoor storage complaints at the start and end ofboating season as boats spend a week or two
stored in driveways as residents aurange to transfer them between their seasonal storage locations.
Additionally, as was noted earlier in this report, staff often encounters problems enforcing the
ordinance in situations where these items are kept in the driveway for a couple days each month.
Housr
eiv!t'.y
l3c!.orIl
krarcrit
Jront Lot linc (ridn-of-wat
Stre.t Curb lD.v.d surfaci
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Given all ofthe above, staffbelieves that the most practical change to the City's outdoor storage
ordinance would be to amend the City Code to permit storage ofone watercraft trailer and associated
watercraft on the driveway behind the front line from April l't to October 1't.
Issue 5: Proposed Outreach
Ifthe outdoor storage ordinance were to be amended, it would have a significant impact on the
City's residents and could lead to confusion as residents discover that previously prohibited practices
are now permitted. In order to avoid this, staffis proposing publishing articles in the City's
Connection newsletter and in the Chonhassen Villager explaining the changes. The City's website
would also be used to help publicize the changes. Staff is optimistic that with multiple articles
running on multiple platforms, most residents will be quickly be informed of the changes.
1) Do nothing. The City's existing policy is reasonable and functional.
2) Amend the outdoor storage ordinance to allow one watercraft trailer and associated
watercraft to be seasonally stored on a property's driveway.
Staff recommends Altemative 2. Staffbelieves that this proposal strikes an appropriate balance
between allowing residents reasonable use oftheir property and preserving the appearance and
character of the City's neighborhoods.
The proposed ordinance would read as follows:
Section l-2
Watercraft means any vessel, craft, boat, or thing made or intended to float on or in or travel
or transport through water, other than model boats.
Watercraft Trailer means any trailer constructed and/or designed primarily to transport or
carry watercraft.
Sec. 20-909. - Outdoor storage
In order to help assure that the public is aware ofthis issue and has a chance to comment on the
proposed changes, the City has gone significantly beyond the minimum public notification
requirements. The City placed a legal notification and took out an ad informing people ofthe
proposed changes in the Chanhassen Villager, and featured the proposed amendment on the front
page of the City's website. It is stafls beliefthat many residents have been reached through these
means who may have otherwise missed a single notice in the paper, and that this existing awareness
could provide a base for future educational outreach.
ALTERNATIVES
RECOMMENDATION
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As otherwise regulated, all outdoor storage is prohibited except:
(a) Clothes line poles and wires.
(b) Construction and landscaping material currently being used on the premises.
(c) Swings, slides and other play equipment.
(d) Outdoor fumiture and lawn and garden equipment.
(e) Wood for buming in a fireplace, stove or flrmace provided it is stored as follows:
a. In a neat and secure stack, not exceeding four feet.
b. The wood stack is not infested with rodents.
c. The wood is not kept in a front yard.
(0 ee*inue+se+age-€f beats Watercraft, all-terrain vehicles, snowmobiles, and trailers may
@wned by a resident owner or lessee of the property may
be stored on the property and subject to the following:
1. S,u€h Storage of these items is limited to the rear or side yard and may not extend
beyond the front of the principle structure, save that between April I and October I
one watercraft trailer and associated watercraft may be stored on the driveway so
Iong as it can be stored without crossing into the public right-of-way.
2. On comer and double frontage lots,
@he provisions in Section 20-909(f)(1) apply
and the front yard shall be determined by the location of the driveway, additionally
storage in other yards with street frontage must be outside of the sight distance
triangle.
(g) Outside storage oftires is prohibited.
(h) PODS (personal on demand storage) and roll-off dumpsters may be located a prope(y a
minimum of six feet away from the house for fire protection and at least ten feet from any
property line. Such containers may be kept on-site for a maximum of30 days per year. An
extension of the 30 days may be granted by the city if the container is used in conjunction
with a valid and ongoing building permit.
159
Section 1-2
Watercraft means any vessel, craft, boat, or thing made or intended to float on or in or
travel or transport through water, other than model boats.
Watercraft Trailer means any trailer constructed and/or designed primarily to transport
or carry watercraft.
Sec. 20-909. - Outdoor storage.
As otherwise regulated, all outdoor storage is prohibited except:
(a) Clothes line poles and wires.
(b) Construction and landscaping material currently being used on the premises.
(c) Swings, slides and other play equipment.
(d) Outdoor furniture and lawn and garden equipment.
(e) Wood for burning in a fireplace, stove or furnace provided it is stored as follows:
a. In a neat and secure stack, not exceeding four feet.
b. The wood stack is not infested with rodents.
c. The wood is not kept in a front yard.
(f) Continued storage of boats Watercraft, all-terrain vehicles, snowmobiles,and trailers
may be stored in the side or rear yard, if owned by a resident owner or lessee of the
property may be stored on the property and subject to the following:
1. Such Storage of these items is limited to the rear or side yard and may not
extend beyond the front of the principle structure, save that between April 1 and
October 1 one watercraft trailer and associated watercraft may be stored on
the driveway so long as it can be stored without crossing into the public right-
of-way.
2. On corner and double frontage lots, the front of the structure shall be defined as the
side accessed by a driveway to the public street. the provisions in Section 20-
909(f)(1) apply and the front yard shall be determined by the location of the
driveway, additionally storage in other yards with street frontage must be
outside of the sight distance triangle.
(g) Outside storage of tires is prohibited.
(h) PODS (personal on demand storage) and roll-off dumpsters may be located a property
a minimum of six feet away from the house for fire protection and at least ten feet from
any property line. Such containers may be kept on-site for a maximum of 30 days per
year. An extension of the 30 days may be granted by the city if the container is used in
conjunction with a valid and ongoing building permit.
160
From:Matt and Kathy Albrecht
To:Young-Walters, MacKenzie
Subject:Chapter 20, Zoning. Outdoor watercraft storage.
Date:Friday, April 15, 2022 5:14:52 PM
Ms Young-Walters,
I sold residential real estate for 36 years in the Minneapolis\St. Paul area. I heard from many
of the buyers I worked with, that they "would not buy a home in this neighborhood" because
there were so many vehicles parked in the driveways. "Those vehicles" sometimes meant the
older beat up car that the teenager drove, or the big 4-wheel drive SUV used to pull the boat
and launch it, or the boat itself. There are some pretty ugly boats out there. The "boat pulling
vehicle" is often the third or fourth family vehicle and it ends up parked in the driveway too or
on the street.
Now that I am retired and living in a single family home in Chanhassen, I do not want to see
the value of my property go down, for it surely will, if parking boats in driveways is allowed. I
won't say "better" neighborhoods, rather, more expensive neighborhoods don't allow it
because they know the consequence of parking anything outside of their garages.
Thank you for reading this,
Matt Albrecht
161
From:Keith Alan Anderson
To:Young-Walters, MacKenzie
Subject:Outdoor Storage Response
Date:Monday, April 11, 2022 11:46:40 PM
MacKenzie
Preferred changes:
“Watercraft Trailers Only” could be altered to “Recreational Trailers”.
This would allow Boats or 4 Wheelers or Popup Tent Trailers or Snowmobiles.
Driveway dates should be the same as the city plows. (April 1 - November 1)
Opinion :To not allow residents to be able to use their own driveway to set up a Popup trailer
for the kids to sleep in for one night seems excessive. Can I set up a tent in my front yard?
Thank you for allowing city constituents to respond.
Keith Alan Anderson
8043 Cheyenne Av
Chanhassen, MN 55317
162
From:CChuva
To:Young-Walters, MacKenzie
Subject:Feedback to Boat storage rules amendment
Date:Thursday, April 14, 2022 8:06:41 PM
I am a Chanhassen resident IN FAVOR of the City of Chanhassen amending Chapter 20, Zoning, of the
Chanhassen City Code to allow for the seasonal storage of boats on citizen property as proposed. I
addition, I would like to offer a few comments:
Not allowing citizens to store their boats on property would lead to a financial burden, in that off property
storage would have to be located and contracted for, in most cases.
Not allowing on property storage also forces an undue burden in time to travel to/from the storage then to
a point of recreation.
In many cases people enjoy washing, detailing, improving or maintaining their boats within the easy
convenience and privacy of their own homes.
I have yet to see any watercraft on a personal property that seems unsightly. As with any other property,
if it is unhealthy, unsafe, or abandoned, then city action can be taken to address that single issue.
A length/size of boat restriction might be considered.
Thank you,
Charles Chuva
Chanhassen
163
From:Patricia Hastreiter
To:Young-Walters, MacKenzie
Subject:Outdoor storage of watercraft
Date:Sunday, April 10, 2022 5:42:05 PM
We would like the city of Chanhassen continue to restrict the outdoor storage of watercraft and
their trailers to the rear or side yards of residential property.
Our reason for this is that we want to see the neighborhoods and homes in Chanhassen kept
looking as nice as possible. We feel that storing boats and their trailers in driveways detracts from
this.
Sincerely,
Patricia & James Hastreiter
6990 Tecumseh Lane
Chanhassen, MN 55317
164
From:nicholas.haywood@icloud.com
To:Young-Walters, MacKenzie
Subject:Please Enact - Proposed Change to Allow Seasonal Storage of a Boat in a Driveway
Date:Thursday, April 14, 2022 9:46:03 PM
Dear MacKenzie,
I am writing to express my full support of the proposed changes to the city code to allow up to one
watercraft trailer with associated watercraft to be seasonally stored on the driveway and ask the city
council to enact the change.
We live in Minnesota, the land of 10,000 lakes and the most registered boats per capita. Many
Chanhassen residents, like other Minnesotans, own a boat. Allowing a resident’s boat to be
seasonally stored on their driveway reduces the total cost of ownership. This makes enjoying time
on the water with family & friends more affordable and accessible to a broader, more diverse group
of present and future Chanhassen residents. In some cases, depending on a family’s needs, many
new boats are too large to fit in a standard garage or alongside a house that was built near the
easement of the property. Based on my personal experience, trying to find summer storage (i.e.
storage facility, dry slip, or wet slip) for a boat that is local and convenient can be very difficult and
extremely expensive, given our close proximity to Lake Minnetonka.
In my opinion, this change does not impact the aesthetics of community as the beauty and appeal of
our city is more than what is in our driveways. For those concerned about the aesthetics, I would
ask is one well maintained boat parked in a driveway any less attractive than multiple cars parked in
a driveway? Aren’t we seeing an increase in the number of cars parked in resident’s driveways with
more people working home?
I also believe this change would go a long way toward ensuring Chanhassen remains the #1 place to
live, which is something that benefits our entire community.
Thank you for your time.
Best regards,
Nick Haywood
Chanhassen, MN
165
From:Marian Heinemann
To:Young-Walters, MacKenzie
Subject:Watercraft Storage Ordinance
Date:Friday, April 15, 2022 1:03:34 PM
Allowing this ordinance to pass will bring down property values and the City will have to compensate by lowering
taxes.
If you can afford a watercraft, you should also be able and responsible enough to find a proper storage facility.
We now have residents in Chanhassen raising chickens and burning yard waste in their backyards.
I don’t pay the amount of taxes I pay each year to live in a neighborhood that is allowing these types of situations.
Please do not turn my neighborhood into a trailer park environment.
Marian Heinemann
Sent from my iPhone
166
From:Kim McReavy
To:Young-Walters, MacKenzie
Subject:Outdoor Storage of watercraft
Date:Monday, April 11, 2022 1:55:59 PM
Dear Chanhasssen Planning Commission:
My husband and I are opposed to seasonal outdoor storage of watercraft trailers and watercraft, for the same reason
we opposed outdoor storage of RVs. It makes our city look junky and trashy. It creates potential problems between
neighbors. It opens the door to other items being stored outdoors. Our city has prohibited this storage of RV and
watercraft in driveways for a reason, and there is no need to change now. Please stick to the City Code and do not
recommend approval of this amendment.
Thank you,
Kim and Tom McReavy
1350 Heather Court
Sent from my iPhone
167
From:pschrupp@mchsi.com
To:Young-Walters, MacKenzie
Subject:OUTDOOR STORAGE OF WATERCRAFT ON RESIDENTIAL PROPERTIES
Date:Friday, April 15, 2022 2:29:12 PM
MacKenzie:
Per the notice in the Villager, I am letting you know my concerns about allowing storage of watercraft on driveways
during "boating season".
My initial reaction is to not allow it. Once we open the door, it will be hard to close. I'm guessing there will be
residents who will take advantage and park more than one or "just park it overnight on the street", etc.
My big concern is, if this is approved, who will monitor it? Or will it be enforced if a neighbor reports a neighbor?
Most of my concerns is the cost of enforcement. I don't want to see a tax increase to pay for this. Based on the
information posted on the website, enforcement has been an ongoing issue WITHOUT boats being allowed on
driveways. I don't see how changing the code will improve this.
Another concern is deterioration of roads. Our neighborhood just underwent a significant renovation last year and
we had a hefty assessment to pay. Depending on the size of the boat and trailer, it adds to the breakdown of the
pavement when driven to and from the homeowner's property.
Storing a boat on a driveway becomes an attractive nuisance. Most vehicles parked in driveways have brakes and/or
emergency brakes. Many boat trailers do not...adding a safety risk if the trailer rolls down the driveway. Many of the
driveways on our street have an incline, so this is a concern.
Lastly, part of why I chose to live in Chanhassen was because of the well-maintained homes and neighborhoods. I
find homes with extra "toys" in the yard and driveway to be unattractive to the point where I believe it reduces the
resale value of my home.
Thank you for your consideration.
Toni Schrupp
Cascade Pass, Chanhassen
168
From:don.vasatka
To:Young-Walters, MacKenzie
Subject:Outdoor watercraft storage feedback
Date:Saturday, April 16, 2022 6:53:04 PM
Hello MacKenzie,
I realize this is passed the deadline. Can you let me know if these comments will be included
in the presented materials for next week or not? If not, I will e-mail them directly to the city
council for consideration. Also, I noticed this was turned down less than a year ago. Am I
allowed to request which individual or group requested that this be brought up again so soon?
Hello,
I am writing today to indicate that I do not support changes to allow boats to be parked in
driveways. I don’t believe front yards are meant to be storage spaces. Many neighborhoods,
especially new ones, have very short driveways and houses are close to the streets. Boats can
take up all of the driveway and cause line of sight issues and affect the safety and aesthetic of
neighborhoods. I also think it is a potential opportunity for thieves and crime. We encourage
residents to lock up vehicles that are outside, you can’t do that as easily for a boat. These rules
have been around for 30+ years, and most residents are able to comply. I realize that it may be
an inconvenience, but I have seen neighborhoods in other cities that look cluttered and shabby
because they don’t have ordinances like these.
I read the argument that the city code is difficult to enforce. I also don’t think a regulation
should be changed just because some people don’t want to follow it. I think there may be an
opportunity for more education. I realize the code is encourage to compliance, but if you have
residents repeatedly and blatantly disregarding the code, then maybe we should focus on
making the code punitive for those specific cases where people disregard the rules. You could
make a similar argument about speeding. We don’t capture every person who speeds, but that
doesn’t mean you stop enforcing it.
I am frustrated that this was turned down at city council in 2021 and it’s already coming up
again less than a year later. All of this takes time, city and council resources and feel this is too
soon to be brought up again. This makes me question if council priorities are focused on the
right things.
I appreciate your consideration.
Thank you,
Don Vasatka
Chanhassen
169
From:Steve Yochum
To:Young-Walters, MacKenzie
Subject:Watercraft proposal
Date:Friday, April 15, 2022 1:52:33 PM
Hello McKenzie,
If RVs/camper trailers aren’t allowed in a driveway, either should a boat. I’d prefer individuals not be restricted
from either.
6214 Cascade Pass
Thank you,
Steve Yochum
170
Planning Commission Item
April 19, 2022
Item Approve Planning Commission Meeting Minutes dated March 1, 2022
File No.Item No: C.1
Agenda Section APPROVAL OF MINUTES
Prepared By Jean Steckling, Sr. Admin Support Specialist
Applicant
Present Zoning
Land Use
Acerage
Density
Applicable
Regulations
SUGGESTED ACTION
"The Chanhassen Planning Commission approves the minutes from its March 1, 2022 meeting."
SUMMARY
BACKGROUND
DISCUSSION
RECOMMENDATION
171
ATTACHMENTS
Planning Commission Meeting Minutes dated March 1, 2022
172
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
MARCH 1, 2022
CALL TO ORDER:
Chairman von Oven called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Mark von Oven, Eric Noyes, Laura Skistad, and Kelsey Alto
MEMBERS ABSENT: Steven Weick, Erik Johnson, and Doug Reeder
STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Young-
Walters, Associate Planner; Erik Henricksen, Project Engineer; Joe Seidl, Water Resources
Engineer
PUBLIC PRESENT:
Todd Degler and Gayle Degler 9111 Audubon Road
Elise Bruner and Brian Bruner 6609 Horseshoe Curve
Rob Schatzle, RSI Marine 1533 3rd Avenue W., Shakopee
Jon Rausch, Cushman and Wakefield 3500 American Boulevard W., Bloomington
PUBLIC HEARING:
DEGLER FARM: CONSIDER A REQUEST TO AMEND INTERIM USE PERMIT
#2021-13 TO EXTEND THE TERMINATION DATE OF THE PERMIT
Kate Aanenson, Community Development Director, presented the staff report on this item,
noting this is a request to amend the Interim Use Permit (IUP). She noted the property is guided
agricultural and office industrial and is following the current zoning use on the IUP. The current
request for the property is for Agritourism and the Applicant is asking to amend the original
termination date of the IUP of five years. For the Applicant to plan and make investments in the
property they wanted to extend the time period in order to make decisions going forward. Ms.
Aanenson stated Staff recommends approval of the amendment to extend the termination date to
50 years.
Todd Degler and Gayle Degler, Applicants, shared that the Degler Farm had a great year, the
weather was cooperative, a lot of people showed up, they had positive feedback, and it was a
successful year.
Chairman von Oven opened the public hearing.
Chairman von Oven closed the public hearing.
Commissioner Noyes moved, Commissioner Skistad seconded that the Chanhassen
Planning Commission recommends the City Council approve an amendment to Interim
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Planning Commission Minutes – March 1, 2022
2
Use Permit #2021-13 regarding Agritourism at 9111 Audubon Road to extend the
termination date to 50 years; and adopt the Findings of Fact and Recommendation. All
voted in favor and the motion carried unanimously with a vote of 4 to 0.
PUBLIC HEARING:
6609 HORSESHOE CURVE: CONSIDER A REQUEST FOR SETBACK AND
MAXIMUM SIZE VARIANCES FOR A WATER-ORIENTED ACCESSORY
STRUCTURE (WOAS), A VARIANCE TO ALLOW A SIX-FOOT, SIX-INCH HIGH
OPAQUE FENCE (GATE) WITHIN THE REQUIRED FRONT YARD SETBACK AND
A VARIANCE REQUEST FOR A FRONT YARD PARKING PAD
MacKenzie Young-Walters, Associate Planner, presented the staff report on this item, noting the
Applicants submitted and received two variance requests from the City’s bluff ordinance and the
Applicants have submitted a third variance request and demonstrated that the City’s bluff
ordinance did not apply to their property. He noted this is a continuance of a tabled variance
request from October 19, 2021. Mr. Young-Walters shared the approximate lot size is 27,800
square feet with hardcover at 23% and currently has a water-oriented accessory structure
(WOAS), 19% driveway grade, and the southern portion of the property is encumbered by a
sanitary sewer easement which runs under the WOAS and under the proposed location for the
expanded WOAS. He noted the issue of a non-conforming use will be discussed and clarified
and is something that was previously permitted but is no longer permitted due to change in the
City Code. Mr. Young-Walters stated a non-conforming use cannot be created when the
homeowner modifies their property in a way that brings it out of compliance with City Code. He
shared there is a three-factor practical difficulty test including reasonableness, uniqueness, and
essential character, as well as language in State Statute that states variances are only permitted
when in harmony with the general purposes and intent of the ordinance and must be consistent
with the Comprehensive Plan. The Applicant is proposing a 6.5-foot opaque gate within the front
yard setback, a 300-square foot front yard parking pad, and a 357.5-square foot WOAS. Mr.
Young-Walters noted the Applicant has stated that the front yard parking pad has existed since
1999 and should be considered a non-conforming use, that an 11x12 shed is the minimum size
needed to store a good canoe and other water equipment, and note that by putting it off to the
east side they minimize visibility as the WOAS ordinance calls for. The Applicant has also noted
that Code has a provision allowing up to 400 square feet of WOAS if that structure is used solely
for the storage of boats and boat equipment and the total they are proposing is less than that.
Also, the security gate in this configuration and non-open configuration is the only means to
address the Applicant’s security concerns, most of which stem from the possibility of vehicles
entering the steep driveway and not being able to stop due to slippery or wet conditions. Mr.
Young-Walters shared that front yard parking pads have not been allowed in the City since 1986,
and shared history of City ordinance, driveway access, parking pads, and showed the proposed
plans on screen. Staff cannot agree that this is a non-conforming parking pad and cannot support
the requested variance to permit a parking pad and a second driveway access for the property.
Regarding the front yard gate, the City treats gates as part of fences and has always subjected
them to the requirement of the City’s fence ordinance. Privacy-style gates are not considered
open and the Applicant is proposing a privacy-style gate which Staff does not believe is in
keeping with the character of the neighborhood. Staff cannot support the request for a privacy-
style gate within the front yard setback. Regarding the WOAS, Staff has included a letter from
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Planning Commission Minutes – March 1, 2022
3
the DNR recommending that the City maintain the 250-square foot size limit and require the
Applicant to meet all applicable setbacks. Engineering and water resources have expressed
significant concerns about the impact of allowing an additional encroachment over the sanitary
sewer easement and believe there are alternative locations for a WOAS. Staff also noted that in
order to take advantage of the 400-square foot WOAS provision, the structure must be solely
used for boats and boating equipment and because of the deck, which is a recreational amenity
that is not something that would apply to this proposal. Staff feels that it would be in line with
past precedent to grant a variance for the footprint previously present under the non-conforming
use ordinance which was 308 square feet. One letter from the neighbor stated that they do not
support the requested shed variance and feel there is adequate space to locate the shed without a
variance. The letter also states the neighbor believes there are options under Code for the security
gate and adequate visitor parking and believes that granting these variances will set precedent for
easing current rules which they feel are reasonable.
Elise Bruner & Brian Bruner, Applicants, approached the podium. Mr. Bruner noted they are
getting conflicting information from the City regarding the shed down by the lake, noting
Engineering has said they cannot have the shed down there because of concerns about moving it
because of the sewer, but at the same time the City is saying they can have a 308-square foot
shed down there. He asked which is correct. Mr. Bruner would love to hear where the City thinks
they can place the shed on the property, noting they went through many compositions with the
architect and the City and could not find a way to put the shed other than the way it is proposed
right now. He shared a handout of photos and spoke about moving the shed over the decking,
placement of the doors on the shed and issues that would arise with trees, setback issues, and
steep slopes.
The Commissioners asked about repositioning the deck.
The Bruners noted the deck is on temporary footings.
The Commissioners discussed the option of a garage-door style opening which would roll up and
down rather than doors that swing outward.
The Bruners continued the discussion with the parking pad, noting Mrs. Bruner’s father built the
home next door and designed the driveway to keep trees intact, choosing to put a parking pad at
the top of the incline. Mr. Bruner shared communications going back to 2020 which indicated
that the Bruners have always used the area as a parking pad. He shared if there is even an inch of
snow one cannot get down the driveway and said in response to the City’s claim that the parking
area is a part of the exit of the driveway, that it is not a natural drive over that direction. He
shared photos on screen of the top of the driveway/parking pad area of his home and the
neighbor’s home (which was Mrs. Bruner’s childhood home). Mr. Bruner noted if the parking
pad is not there people will have to park on the street and showed a photo on the screen of cars
parked on the street, noting it is a very narrow road, and especially with cars parked on both
sides of the road, it is very tight to get through.
Erik Henricksen, Project Engineer, clarified as long as it is within the right-of-way and is a part
of the driveway, a level spot or parking pad can still be accomplished with the new driveway
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Planning Commission Minutes – March 1, 2022
4
access at 24 feet in width is the maximum allowed. The Applicant has brought up the instance of
turnarounds which Engineering and Public Works do require through Code and the
Comprehensive Plan when connected to a collector road. Where installed correctly, the
Applicant would still have the ability to park up near the street. Regarding the parking issue, the
City is definitely aware of how narrow Horseshoe Curve is. Generally, they first hear through the
Traffic Safety Committee and depending on that evaluation, Staff can propose remedies to the
City Council to build it into capital improvement projects to alleviate issues.
The Commissioners and Staff discussed driveway location, parking pad location, a driveway
turnaround, and requirements or restrictions on each.
Mr. Bruner clarified the safety issue regarding Staff’s comment on the “possibility” of a car
sliding down the driveway. He noted in 2019 a delivery truck slid down and off the driveway and
needed to be towed out and a Carver County Sheriff Canine Unit responded to the incident. He
said people who do not know how steep the driveway is, or when there is ice, once they get over
the first hump and down the bend it is too late and they will not be able to stop their vehicle. The
Bruners clarified regarding the gate, they are open to both slatted or opaque style gates, this is
not a decorative fence and they are trying to keep it very minimal. In designing the gate, the
intent is to have it as strong as possible so people do not crash through it.
Commissioner Noyes suggested getting creative and having the designer work on a gate that fits
within City Code.
Chairman von Oven opened the public hearing.
Chairman von Oven closed the public hearing.
Commissioner Noyes stated this is a very complicated case with a lot going on and he
understands the plight of the owners, especially with a 19.5-degree grade. He also thinks more
work can be done on the design side, particularly with the fence. He is not inclined to grant a
fence variance.
Commissioner Skistad agreed that she would like to see another option regarding the fence and
that she sees the need for having one.
Chairman von Oven lives in the neighborhood and could personally care less about the parking
pad. He said if it makes sense to do it in a manner that could be added on to this driveway that is
fine, and noted he has a little trouble envisioning that in the space. He said cutting into the side
of the hill for a turnaround on this driveway is a terrible idea and the Applicants will be back for
another variance. For Mr. von Oven, the parking pad is a non-issue whichever way they go on it
and he has zero issue with a variance in that space, whatever the Applicants decide to do on it.
Commissioner Noyes is in agreement with Chairman von Oven. He does not like to set precedent
when issuing variances. He thinks there is a way to achieve what they want in the design of the
new driveway. Tearing up the parking pad because it is non-conforming does not make sense to
him. He shared that the lot has many challenges with the elevation and slope and one must do
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Planning Commission Minutes – March 1, 2022
5
what they have to do to be sure there are safe places to park and get out of the driveway. He does
not have an issue in keeping the pad there.
Commissioners Skistad and Alto agreed.
Regarding the WOAS, Commissioner Skistad thinks it makes sense to move the decking over to
keep most or all of the side area. The way the Applicants have incorporated it into the property is
minimalist and is not intrusive or glaring. The Applicants have a very specific purpose for the
storage and are trying to design around it. She would prefer they move it over the 4 feet and line
up the shed along the edge.
Commissioner Noyes thinks there is a solution for the WOAS that is satisfactory to all parties
and he agreed with Commissioner Skistad.
Engineer Henricksen clarified that permits would need to be updated or applied for. At that time,
planning review can happen as there are footings and pilings directly over a public sanitary main
in the area and they want to ensure that no damage occurs.
Commissioner Skistad moved, Commissioner Alto seconded that the Chanhassen Planning
Commission, acting as the Board of Appeals and Adjustments, denies the requested opaque
fence (gate) variance, approves the requested variance for a front yard parking pad, and
approves a 107.5-square foot water oriented accessory structure size variance, a 5-foot side
yard setback variance, and a 2-foot shoreland setback variance for the construction of a
water oriented accessory structure, subject to the Conditions of Approval, and adopts the
attached Findings of Facts and Decision. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
PUBLIC HEARING:
10500 AND 10520 GREAT PLAINS BOULEVARD: CONSIDER A REQUEST FOR
CONCEPTUAL PUD APPROVAL FOR A MIXED USE PLANNED UNIT
DEVELOPMENT (PUD) REZONING ON APPROXIMATELY 8.3 ACRES WITH A
LAND USE DESIGNATION OF MIXED
MacKenzie Young-Walters, Associate Planner, presented the staff report on this item, noting this
is meant to be a high-level discussion and a chance for Staff and Planning Commission to tell the
Applicant their impressions of the project, raise any potential concerns, issues, and expectations.
Then the Applicant will have a clear sense on whether this is something they want to move
forward with and if the City would be receptive to it. Mr. Young-Walters shared about the
property noting it is zoned Fringe Business District guided for mixed use. The proposed use is
warehousing and would be a short-term use until sewer and water becomes available and then it
would become a mixed use development. All developments must be consistent with the City’s
Comprehensive Plan and the current Fringe Business zoning is not consistent with the
Comprehensive Plan mixed guidance. In this case, Staff supports the rezoning to PUD because it
allows a reasonable use of the property (warehousing) until sewer and water becomes available
and it will also facilitate the redevelopment as a mixed use district with a blend of commercial
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Planning Commission Minutes – March 1, 2022
6
and residential features. It allows the area to function as a transition between Highway 101,
Highway 61, and the high density residential guided to the east. The Applicant is proposing to
remove the horse stable on the property and put four 20,000-square foot warehouses which
would be used for boat storage. He shared about architecture, landscaping, and parking regarding
the proposed project.
Engineer Henricksen shared this area of the city does not yet have services of sanitary sewer and
potable water. He spoke about the future sewer expansion, and noted water needs such as a
bathroom faucet would need to be hooked up to a well at this time. The property would be
assessed once sanitary sewer is provided to the area and water would require a hook-up charge.
He shared the County would like to do an analysis on the number of left-hand turns into the
property.
Joe Seidl, Water Resources Engineer, shared about grading and stormwater of the property
noting it is fairly steep on the north side. There is not a bluff on the site and there are no wetlands
within the project area but there is a small wetland located in the ditch just south of the proposed
project.
The Commissioners and Staff clarified questions regarding the property including trees, potable
water needs, parking, and asphalt.
Rob Schatzle, Applicant, owns RSI Marine and Motorsports based out of Shakopee, and owns
the Caribbean Marina on Tonka Bay. He clarified he does not need water at this time and that he
is only looking for storage. The use of the storage area would only be a couple of weeks in the
spring and a couple of weeks in the fall to take boats out and put them away. He is open to
suggestions when sewer and water comes down to suit the needs of the City and that this is a
short-term use.
Jon Rausch, Cushman and Wakefield, helped with the Prince property and added that there is not
sewer and water on the property, and nothing else can really be done given the current zoning.
He thinks they found a really good solution that will help the tax base, allow for improvement on
the site, and that this checks a lot of boxes. When the site is ready to be developed, Mr. Schatzle
will sell it to someone else.
Chairman von Oven opened the public hearing.
Chairman von Oven closed the public hearing.
Commissioner Alto moved, Commissioner von Oven seconded that the Chanhassen
Planning Commission recommends City Council approve Concept PUD 2022-04, subject to
the Conditions of Approval. All voted in favor and the motion carried unanimously with a
vote of 4 to 0.
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Planning Commission Minutes – March 1, 2022
7
APPROVAL OF MINUTES:
APPROVAL OF PLANNING COMMISSION MINUTES DATED FEBRUARY 15, 2022
Commissioner Noyes noted the summary Minutes of the Planning Commission meeting
dated February 15, 2022 as presented.
ADMINISTRATIVE PRESENTATIONS
City Council Action Update
ADJOURNMENT:
Commissioner Skistad moved to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 4 to 0. The Planning Commission meeting was
adjourned at 9:18 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Jean Steckling
Sr. Admin. Support Specialist
179
Planning Commission Item
April 19, 2022
Item Approve Planning Commission Work Session Summary Minutes dated April 5,
2022
File No.Item No: C.2
Agenda Section APPROVAL OF MINUTES
Prepared By Jean Steckling, Sr. Admin Support Specialist
Applicant
Present Zoning
Land Use
Acerage
Density
Applicable
Regulations
SUGGESTED ACTION
"The Chanhassen Planning Commission approves the Planning Commission Work Session summary
minutes dated April 5, 2022 ."
SUMMARY
BACKGROUND
DISCUSSION
180
RECOMMENDATION
ATTACHMENTS
Planning Commission Work Session Summary Minutes dated April 5, 2022
181
1
CHANHASSEN PLANNING COMMISSION
WORK SESSION SUMMARY MINUTES - 6:00 P.M.
APRIL 5, 2022
CHANHASSEN SENIOR CENTER
PLANNING COMMISSION MEMBERS PRESENT: Kelsey Alto, Erik Johnson, Eric
Noyes, Mark von Oven, Perry Schwartz, Ryan Soller and Edward Goff.
PLANNING COMMISSION MEMBERS ABSENT: None.
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; Sharmeen Al-Jaff, Senior Planner, MacKenzie Young-Walters, Associate Planner, Jill
Sinclair, Environmental Resource Specialist, George Bender, Assistant City Engineer; Erik
Henricksen, Project Engineer, and Joe Seidl, Water Resources Engineer.
PUBLIC PRESENT: 1441 Lake Lucy Road (Gayle Morin) neighborhood group: Heidi
Ahmann, Dough Ahmann, Chris Mozina, and Don Giacchetti.
WORK SESSION:
1. Planning Commission Oaths of Office
At 6:00 p.m., Kate Aanenson administered and the three new incoming Commissioners, Edward
Goff, Ryan Soller, and Perry Schwartz, read their oaths and signed the document before a notary
public.
As an introduction, all those present gave a brief background about themselves.
Kate Aanenson noted that the reports for the projects were a collaborative effort of City staff and
stated the Commissioners could ask their questions of the various aspects of the report from the
appropriate staff member. She further stated that the Commissioners, due to legal requirements,
should avoid ex parti communications and should direct questions through her to be routed to the
appropriate staff member and disseminated to the entire group.
2. Election of Chair and Vice-Chair
Kelsey Alto nominated Mark von Oven as chair. Eric Noyes seconded the nomination. There
were no other nominations. The Commission voted 7–0 to appoint Mark von Oven as Chair.
Mark von Oven nominated Eric Noyes as Vice-Chair. Kelsey Alto seconded the motion. There
were no other nominations. The Commission voted 7–0 to appoint Eric Noyes as Vice-Chair.
3. Adoption of Bylaws
Mark von Oven moved to approve the Planning Commission Bylaws as written. Perry Schwartz
seconded the motion. The motion was approved by unanimous consensus.
182
2
DISCUSSION & EDUCATION
1. Development Review Process Discussion
Kate Aanenson reviewed the development review handout with the Commission. The Decision
Pyramid showing the levels of City discretion from highest for Comprehensive Plans and lowest
for building permits. Legislative type reviews, such as Comprehensive Plan amendments, Code
amendments and rezonings create policy and have the highest levels of discretion. She pointed
out that some items were quasi-judicial in review, which requires that the Planning Commission
review a project in relation to the regulations in City Code.
Kate Aanenson said that amendments to the Comprehensive Plan are reviewed by the Planning
Commission.
Kate Aanenson discussed Zoning Ordinance amendments, or changes to City Code, and
rezonings as items that the Planning Commission holds public hearings on. Such amendments
must be consistent with the Comprehensive Plan. She pointed out that it was critical that the
Planning Commission be cognizant of the timeframe for review of such items, which must be
completed within 60 days unless the City takes a 60-day time extension or the applicant grants an
extension to the review timeframe.
Kate Aanenson discussed the subdivision process. There are two types of subdivisions:
Preliminary and Final Plat, and Metes and Bounds. Preliminary plats have a 120-day timeframe
for review. Preliminary plats grant standing for the development of a property. Metes and
Bounds subdivisions go to City Council for a public hearing. Final plats are heard by City
Council that reviews whether the conditions of the preliminary plat have been met.
Kate Aanenson reviewed the Wetland Alteration process.
Kate Aanenson reviewed the Variance process whereby the Planning Commission sits as the
Board of Appeals and Adjustments, where individuals are requesting a deviation from City
Code.
MacKenzie Young-Walters pointed out the importance of the Findings of Fact. He also stated
that when we meet with people we try to come up with an alternative that meets Code or a way
to minimize the variance request. Kate Aanenson noted that the Findings of Fact and
Recommendation/Decision are a critical component of City review because it provides the legal
basis for the City’s decision on a project. The Findings of Fact are used if the City’s decisions
are ever challenged.
Kate Aanenson discussed the Site Plan Review process. Site plans are required prior to
construction of new buildings. Site Plan Reviews check to verify that a proposed development
meets City Code. She also noted that the City may review a sign plan for a development which
would deal with future signage on the building. City staff may review administratively proposed
building expansions of up to 10 percent of the building area.
Conditional Use Permits and Interim Use Permits were discussed by Kate Aanenson. Conditional
uses must meet certain criteria or conditions as outlined in the City Code. Conditions of approval
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may be added provided they are reasonable and specific to the use. Conditions must be
enforceable. Interim Use Permits are reviewed in the same fashion but have a sunset date to the
use. Conditional Use Permits run with the property and are for the use, not the person.
Kate Aanenson discussed the jurisdictional review document (Agency Review Request) that is
sent out for every development review application.
Commissioner Schwartz asked whether the City would be involved in county road projects.
George Bender responded that the City does participate.
Kate Aanenson reiterated that if the Commission can contact staff ahead of time, we can get the
Planning Commission the answers and that they can direct questions through her.
2. Shoreland Regulations
MacKenzie Young-Walters discussed Shoreland Regulations and that shoreland is defined as
public waters of the State of Minnesota. The Shoreland Protection District is 1,000 feet from
lakes and 300 feet from streams and rivers. A fun fact, 42 percent of the residential property
within the City is within the Shoreland district. He explained that the Shore Impact Zone is 50
percent of the required structure setback and pointed out what the bluff impact zone is. The
City’s ordinance is based on State Statute. Maximum site coverage is 25 percent impervious
surface.
What stormwater management attempts to do is minimize stormwater runoff and maintain
vegetation. Why it is important is that runoff reduces water quality. Why we require mitigation
is to absorb runoff and nutrients. Increased lot coverage, reduced structure setbacks leads to
greater impacts on the lakes. The City needs to look at the cumulative effects of all the increased
lot coverage.
Joe Seidl pointed out that staff is trying to prevent pollution and erosion which impact water
quality instantly, but remediation is difficult and long term.
Commissioner Schwartz asked whether ponds were covered by the Ordinance and was told that
the regulations were for lakes, streams and wetlands.
3. City Tree Cover
Jill Sinclair gave a presentation on landscaping and tree preservation. She pointed out the
benefits of trees include cooling, increased property values and stormwater management and
deduced runoff. Trees also provide health benefits by reducing pollution, producing oxygen,
reducing erosion and they also provide beauty and calming benefits. Trees are under stress due to
three causes: development threats, insects and disease, and climate changes.
The City’s focus is on preserving the urban forest and where preservation cannot be done, then
planting to replace. Chapters 18 and 20 of the City Code address tree preservation and provide
buffer yard, foundation and parking lot landscaping requirements. As part of tree preservation,
the City takes existing canopy coverage, then provides a minimum amount of preservation that
must be maintained without triggering tree replacement requirements. Preserving stands or
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groupings of trees is better than preserving individual trees. The City’s Ordinance tries to
provide a disincentive for the removal of more trees. Also, the Ordinance promotes species
diversity.
The Commission asked whether a developer could remove all the trees. Jill responded that it
would be possible, but that they would be penalized for it by the tree replacement requirement.
It was also noted that individuals could not clear cut a property, but could only provide view
sheds or tree maintenance. Tree removal is, generally, only approved through a development
review application.
The Commission was encourage to expect more and push for tree preservation. It was pointed
out that staff should try to not fragment mature stands of trees. Connectivity of treed areas was
important for habitat.
Jill explained the Growing Shade app from the Metropolitan Council and how it could get down
to the lot level. MacKenzie noted that it could also recommend different types of trees for your
property.
Jill discussed the Emerald Ash Borers invasion of the community and the need for property
owners to either treat or remove infected Ash trees.
Finally, Jill discussed the parking lot landscaping requirements.
4. General Plan Review Guidance
Erik Henricksen provided a presentation on plan review. He explained the difference between
surveys, which include plats, existing conditions, site improvements, natural resources,
easements, etc. and civil construction plans which provide details on grading, drainage, erosion
controls, Surface Water Pollution Prevention Plans (SWPPP), utilities and streets, landscaping,
tree preservation, detail plates and as-built plans.
Plats are governed by Minnesota Statutes Section 505.021.
Construction plans provide idealized design for development. The detail plans will give the
specific construction requirements.
Joe Seidl discussed the grading and drainage sheets which show elevation changes, grading
improvements, direction of drainage flows and best management practices (BMPs) for
stormwater management and control. The plans show how the development will manage
stormwater and where the water will go. Plans also address erosion control and BMPs.
Erik discussed how utility and street plans will show plan views, an overhead look at the plan,
and profile views, which show the vertical view of materials, spacing, slopes, reducing
configuration, controls, and notes.
Landscaping plans note types, sizes, locations of proposed vegetation.
Detail sheets provided the specifications for the installation of infrastructure.
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Erik pointed out that preliminary plats show the system feasibility within a development. The
final plat will contain the construction plans for the development.
6. Ongoing Development
Kate Aanenson pointed out that staff has a list of ongoing developments and projects within the
city.
Commissioner von Oven asked about concept plans that the Commission had been reviewing.
Kate stated that it was a way for a developer to determine what would be required to proceed
with a development without expanding a great amount of money on the detailed development
plans.
Kate noted that the next Planning Commission meeting was April 19, 2022 and that there are
five items on the agenda. Commissioner Alto will not be present at that meeting.
The work session ended at 7:50 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Bob Generous, Senior Planner and Jean Steckling, Sen. Admin. Support Specialist
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Planning Commission Item
April 19, 2022
Item City Council Action Update
File No.Item No: D.1
Agenda Section ADMINISTRATIVE PRESENTATIONS
Prepared By Jean Steckling, Sr. Admin Support Specialist
Applicant
Present Zoning
Land Use
Acerage
Density
Applicable
Regulations
SUGGESTED ACTION
SUMMARY
BACKGROUND
DISCUSSION
RECOMMENDATION
ATTACHMENTS
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City Council Action Update
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City Council Action Update
MONDAY, MARCH 14, 2022
Ordinance XXX: Approve Amendment to Chapter 20 (Zoning) of the Chanhassen City Code
Concerning Notification Requirements and Public Hearing Timelines – Approved
MONDAY, MARCH 21, 2022
Degler Farm: Approve a Request to Amend Interim Use Permit #2021-13 to Extend the Termination
Date of the Permit – Approved
10500 and 10520 Great Plains Boulevard: Approve a Request for Conceptual PUD for a Mixed Use
Planned Unit Development (PUD) Rezoning on approximately 8.3 Acres with a Land Use Designation
of Mixed – Approved
Planning 2021 Year-End Review and 2022 Work Plan – Discussion
MONDAY, APRIL 11, 2022
Dakota Retail: Approve Amendment to Dakota Retail Site Plan Agreement 2014-11 – Tabled to
April 25, 2022 City Council Agenda
Videos and minutes for these meetings can be viewed and downloaded from the City’s website at
www.ci.chanhassen.mn.us, and click on “Agendas and Minutes” from the left-side links.
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