AppealAppeal: We would like to appeal two items within condition number one to the approved southern shoreline setback
variance for 3609 Red Cedar Point Road.
Request #1: Remove the northern shoreline vegetated buffer requirement.
Reason: This property is unique in that it has two separate shorelines with two separate shoreline setbacks. This
variance is for the southern shoreline setback. We acknowledge the rationale for the buffer installation on the south
side, where the variance applies. However, we have significant concerns about applying the buffer condition, or any
condition, to our north yard without further information on its flood plain designation and subsequent restrictions for
development and repair.
The first time we learned that our north yard had any formal designation as a flood plain was in the staff report to the
planning commission, submitted prior to the meeting last week. From our builder’s follow up conversation with Water
Resources after the meeting, we are learning that there are restrictions for development, improvement, and possibly
even repair, within a floodplain area, which would affect our ability to make a significant portion of our yard safe from
it’s current ankle-twisting ruts, or usable after a rain.
In seeking further information about the historicity and trajectory of stormwater runoff and management in our
neighborhood, so far, we are aware of the following:
1. The north area of our yard was previously bisected by the old access road that serviced the residents of the
peninsula. This road was vacated and a new private drive was made (according to staff, sanitary and water
systems were installed in 1973, so this work would have required the new private road to be constructed at
this time). Elevations of the old access road are unknown to us at this time.
2. A significant number of properties in our neighborhood have received setback and hardcover percentage
variances, or are historically non-conforming, resulting in a less than ideal amount of green space to slow
down and absorb the neighborhood’s runoff.
3. The installation of vegetative buffers to mitigate the negative effects of runoff within limited green space is a
newer condition, added to approved variances and building permits in our area only recently (2019).
4. Homeowners have time to complete buffer installation following their project based on planting seasons, and
could intentionally delay installation without immediate consequence, so an assessment of completed buffer
projects on our lake to date may not be accurate or substantive.
5. The city owns the parcel at the dead end of Red Cedar Point Road, next to our adjoining private drive.
6. After a year of property ownership, we contacted and met with Wate r Resource staff in 2020 regarding our
concerns about the misdirection of city runoff into our northern lot area, providing them with repeated photos
of our flooded yard and tire ruts left from turnarounds after heavy rains. I communicated our willingness to
partner with the city in stormwater management solutions (to the extent of offering to install a stabilized
riprap channel on the city’s parcel with my own bare hands, at which point staff laughed at me and said no
one had offered to complete a city project for them before :)). In the end, Water Resources along with Public
Works and the Streets Superintendent offered us the following (email received Sept. 11, 2020):
“There are a number of issues in this area, including insufficient stormwater drainage, limited snow storage locations, poor
turnaround areas, etc. After reviewing the topography on site, some history on the neighborhood, and the information you
provided, we do believe that this should be elevated to a larger project, one that would attempt t o address all of the City’s
issues at once. Unfortunately, this larger project would be a few years out. The City will need to get a survey done, conduct
a feasibility study, design the project, coordinate construction schedules, etc. Projects like these a re quite expensive and are
usually included in our Capital Improvement Plan (CIP) and planned for and budgeted many years ahead of time. The good
news is that there is still time this year to get this project into our 2021 CIP, meaning that we can start bu dgeting for it now
with the hope of construction still a few years away. We tentatively plan on kicking off a survey next spring.
I know you are looking for a quicker solution, and unfortunately, due to the grades in the area, just dropping in a catch ba sin
and piping it out to the lake is not an option. There is just not enough drop from the cul -de-sac to the lake. However, in the
meantime, you are free to propose solutions that solve your own immediate drainage concerns on your property.”
1. Our variance FOF and Decision reads: “Decreased shoreline setback has the potential to negatively impact
the quality of the lake as runoff from impervious surfaces has less associated green space to slow down and
absorb the runoff,” yet the city, to date, has provided us with no updated plan, budget, or commitment to
manage the stormwater runoff the flows down Red Cedar Point.
2. Your staff report to the planning commission last week included an image of our north lot and its significant
portion as a flood plain. See attached FEMA flood map of our surrounding area; the magnitude of our “flood
plain,” when compared to the other shores, and taking into consideration the direction and elevation of Red
Cedar Point Road and the neighborhood’s limited green space, deserves furth er attention. Because the city
is responsible for adopting and administering a local floodplain ordinance, without further investigation, we
could be held to unfair limitations as to what kind of development and/or repair is permitted with respect to
improving this area of our property.
3. Vehicles still regularly turn around in our private drive and on our property, including the personnel I waved
to last week driving a City of Chanhassen truck and trailer, and we still have ruts left from the city’s
emergency vehicles parking on our lawn during the drowning last summer.
We would prefer the city’s lack of or delay in action does not delay our building project, but at minimum, we would
prefer our lawn not be penalized if it has, in fact, served as the bio-filtration system for the neighborhood’s stormwater
runoff for the past 50 years. We would like to explore what it would take for our yard to be restored to an elevation of
a less severe flood plain status, or at minimum, not be subjected to ordinance limitat ions based on our current flood
plain status designation.
At this point we have no information on further damage this flood plain status may cause us, but are wondering how it
might impact our property’s resale value by disclosing flood plain status, the cost of flood insurance, and the increase
in building costs should we be restricted from using this portion of our property to stage deliveries, dumpsters,
materials, etc., so as not to incur further damage to the yard without ability to repair it.
In the end, in this area, we are hopeful to be able to have a reasonable -sized boathouse for storing our water related
accessories; a spot to turnaround that won’t repeatedly sink; a volleyball court for hosting fun times with our family,
friends, and kids’ sports teams; a safe, accessible shoreline free of weird debris; and vegetation that makes sense for
the situation.
Request #2: Allow for the option to be involved in the south shore buffer design and installation.
Reason: I enjoy it and was looking forward to being involved/more hands on.
Thank you!
Jada & Pete