1a. Hiscox Addition: Preliminary Plat Extension.P ,
CITY OF=
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Bob Generous, Senior Planner'
Action by CN Administ gt
Endorsed ; Dc.tH
S to
c
DATE: January 29, 1996
SUBJ: Request for a Six Month Extension for the Preliminary Plat for Hiscox Addition
(SUB 87 -31)
BACKGROUND
On August 28, 1995, the City Council granted a six month extension for the preliminary plat for
Hiscox Addition, Subdivision 87 -31, until February 29, 1996.
On January 23, 1995, the City Council granted a six month extension for the preliminary plat for
Hiscox Addition, Subdivision 87 -31, until August 31, 1995.
On February 28, 1994, the City Council approved the preliminary plat for the Hiscox Addition,
Subdivision 87 -31, for 3 single - family lots located at 7500 Erie Avenue.
City Code, section 18 -41, states: "If the final plat application is not filed within this period [one
year after the date of the city council approval], the preliminary plat will be considered void
unless for good cause shown an extension is requested in writing by the subdivider and granted
by the city council."
The applicant has not been able to proceed with the final plat due to the delay in the resolution of
the boundary dispute with the abutting property owners. A hearing is anticipated for early spring
to resolve the last property line issue. The applicant is requesting another six month extension of
the preliminary plat to permit the resolution of this issue. Staff believes that the granting of this
extension is consistent with city code. Staff is recommending approval of a six month extension
of the preliminary plat as permitted by city ordinance with a modification to condition number 9
to designate the 958 contour as the top of the bluff and require compliance with the Bluff
Protection Ordinance which was amended in August 1994 to apply citywide and the addition of
condition number 12 regarding applicability of future ordinances to the plat.
Don Ashworth, City Manager ,
January 29, 1996
Hiscox Addition/Plat Extension ,
Page 2
PRELIMINARY PLAT
'
The
plat was approved subject to the plans dated December 6, 1993, subject to the following
conditions:
,
1.
The driveway access to Lot 2 should be constructed to direct runoff away from the
building. Drainage swales should be constructed to convey runoff around both sides of
'
the proposed building to maintain the neighborhood drainage pattern through the parcel.
2.
Type I erosion control should be installed on Lot 2 prior to construction and maintained
'
until the site is fully revegetated.
3.
Upon issuance of a building permit for Lot 2 and payment of the applicable connection
'
hookup fees, the city will extend the sewer and water service to the southerly property
line for the applicant or property owner to connect on to.
'
4.
An existing overhead power line should be relocated underground along; the common
property line between Lots 1 and 2 within the dedicated drainage and utility easement.
'
5.
Final plat shall dedicate a 20 -foot wide drainage and utility easement centered over the
existing 15 -foot wide sanitary easement through Lots 1, 2 and 3. The final plat shall
'
dedicate 5 -foot wide side yard and 10 -foot front and rear drainage and utility easements
on each lot.
6.
The applicant shall provide the city with a $400.00 cash escrow account for review and
recording of the final plat by the City Attorney's office. Additionally, a development
contract containing these conditions shall be entered into between the developer and the
,
city and be recorded with the final plat.
7.
A tree removal plan shall be submitted for city approval prior to the issuance of a
,
building permit for access to the lake.
8.
Limited vegetative clearing, cutting, pruning, and trimming to provide a. view of the
,
water from the principal dwelling and to accommodate the placement of stairways and
landings, picnic areas, access paths, beach and watercraft access areas, and permitted
'
water oriented accessory structures is permitted below the 958 contour.
9. The house pad shall be limited to an area above the 958 contour. 1
J
Don Ashworth, City Manager
January 29, 1996
Hiscox Addition/Plat Extension
Page 3
10. Park and trail fees are required of this development. One -third (1/3) of such fees shall be
payable at the time of final platting. Park and trail fees shall be payable at the time of
building permit application at the rate in force at that time, less any fees paid at the time
of platting.
11. The Torrens proceedings must be completed and be resolved based on the legal
description used for this subdivision prior to submission of the mylars for signatures.
STAFF RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves a six month extension until August 31, 1996 for the preliminary plat
' (87 -31 SUB) of Hiscox Addition, to subdivide 2.8 acres replatting parts of Lots 14 and 15, and
all of Lot 16, Auditor's Subdivision Number 2, into 3 single - family lots subject to the following
conditions of approval:
1. The driveway access to Lot 2 should be constructed to direct runoff away from the
building. Drainage swales should be constructed to convey runoff around both sides of
' the proposed building to maintain the neighborhood drainage pattern through the parcel.
' 2. Type I erosion control should be installed on Lot 2 prior to construction and maintained
until the site is fully revegetated.
' 3. Upon issuance of a building permit for Lot 2 and payment of the applicable connection
hookup fees, the city will extend the sewer and water service to the southerly property
line for the applicant or property owner to connect on to.
4. An existing overhead power line should be relocated underground along the common
property line between Lots 1 and 2 within the dedicated drainage and utility easement.
' 5. Final plat shall dedicate a 20 -foot wide drainage and utility easement centered over the
existing 15 -foot wide sanitary easement through Lots 1, 2 and 3. The final plat shall
' dedicate 5 -foot wide side yard and 10 -foot front and rear drainage and utility easements
on each lot.
The applicant shall provide the city with a $400.00 cash escrow account for review and
recording of the final plat by the City Attorney's office. Additionally, a development
u
Don Ashworth, City Manager
January 29, 1996
Hiscox Addition/Plat Extension
Page 4
contract containing these conditions shall be entered into between the developer and the
city and be recorded with the final plat.
7. A tree removal plan shall be submitted for city approval prior to the issuance of a
building permit for access to the lake.
8. Limited vegetative clearing, cutting, pruning, and trimming to provide a view of the
water from the principal dwelling and to accommodate the placement of stairways and
landings, picnic areas, access paths, beach and watercraft access areas, and permitted
water oriented accessory structures is permitted below the 958 contour.
9. The top of bluff is designated at the 958 contour. Development of the site is governed by I
the City's Bluff Protection Ordinance.
10. Park and trail fees are required of this development. One -third (1/3) of such fees shall be
payable at the time of final platting. Park and trail fees shall be payable at the time of
building permit application at the rate in force at that time, less any fees paid at the time
of platting.
11. The Torrens proceedings must be completed and be resolved based on the legal
description used for this subdivision prior to submission of the mylars for signatures.
12. The City reserves the right to reevaluate the subdivision and require changes to the plat
based on the city's approval of any ordinances that may be adopted during the preliminary
plat time extension."
ATTACHMENTS
1. Letter from Marinus W. Van Putten, Jr. to Robert Generous dated January 8, 1996.
2. Location map.
3. Reduced copy of preliminary plat.
1
BEST & F LANAGAN
Professional Limited Liability Partnership
ROBERT L. CROSBY CHARLES C. BEROUIST 1M ORRIS E. KNOPF OF couN'sEI.
' LEONARD M. ADDINGTON E.JOsEPH LAFAVE 4000 FIRST BANK PLACE MARY E. SHEAEEN WARD B. LEWIS
ROBERT R. BARTH GREGORY D.SOULE CATHERINE J. COURTNEY ARCHIBALD SPENCER
�. �1.u.TER GRAFF CATHY E. GOBLIN 601 SECOND AVENUE SOUTH
BARBARA M. Ross ROBERT M. SHARE ALIEN D. BARNARD PATRICK B. HF.NNESSY JILL B. LAORR JOHN R. CARROLL
RICHARD A. PETERSON TIMOTHY A. SULLIVAN T'IINNEAPOLIS, i�INNESOTA TRACY F. KOCHENDORFER JA?IES D. OI.SON
ROBERT J. CHRISTIA \SON, JR. BRIAN F. RICE JEAN \ICE M. REDING
' FRANK J. WALZ DANIEL R.W. NELSON 55402-4331 SARAH GRIPPE\ MADISON
FRANK VOGL TRACY J. VAN STEENBURGH ROBERT D MAHER
MARINUS W. VAN PUTTEN, JR. DAVID J. ZUBKE DAVID H- JOHNSON JAMES 1. BEST
DAVID B. MORSE STEVEN R. KRUGER 612 �e�9 - '7121 WILLIAM J. MORRIS 1902-1966
JOHN A. BU RTON, JR. JAMES P. MICHELS MICHAEL L. DIGGS ROBERT J. FLANAGAN
JAMES C.DIRACLES PAUL E. KAMINSKI FAX 612) 3`.39 -5897 MICHAEL H. PINK 1898 -1974
ROBERT L.MELLER,JR, JOHN P. BOYLE
JUDITH A. ROGOSHESKE ROSS C.FORMELL
SCOTT D FLIER GARY\ S. GLOVER
Direct Dial: 349 -5654
' January 8, 1996
Mr. Robert Generous
' City of Chaska
P.O. Box 147
Chanhassen, MN 55317
RE: Title Application of Andrew Hiscox
Dear Mr. Generous:
We are registering title to property owned by Andrew Hiscox. The Examiner of Titles has
' required the Hiscox's to use the same line as their neighbors who are also registering their title (The
Dopplers). To do this it is necessary for us to amend the Application to Register title, wait for the
Examiner's Report and upon receipt, republish the amended Land Title Summons for another 3
' weeks plus 20 days before we can put the matter on for hearing.
We anticipate completion in approximately 60 days from receipt of the Examiner's Report.
' We anticipate receiving it in approximately 30 days. This time table anticipates a default and an
uncontested hearing.
' Very truly yours,
Marinus W. Van Putten, Jr.
' cc: Mr. Andrew Hiscox
Ms. Stephanie Young, Examiner of Titles
R ` ''IVE
' GAD0CS \PUBL \NWP\47752_1.LTR JAN 0 9 1996
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