1d. Approve Agreement to Allowing Issuance of Building Permit before Demolition of Existing Home0 0
CITY OF
CNANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Angie Kairies, Planner I
DATE: January 9, 2012
SUBJ: Agreement for Issuance of Building Permit before Demolition of the
Existing House
PROPOSED MOTION:
The City Council approves the attached Agreement with Ann Nye for Issuance of
a Building Permit before Demolition of the Existing House on property located on
Lot 3, Block 1, Lenvilla Estates.
City Council approval requires a simple majority of the City Council present.
BACKGROUND
The property owner is proposing to build a new home on their lot at 1641 West 63
Street to replace the existing home on the property, which was built in 1900. Rather
than moving all their possessions into storage or into a temporary rental property,
demolishing the existing house, building the new house, and moving their possessions
back to the new house, the owners have asked if they could continue to live in the
existing house while they build the new home.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
January 9, 2012
Page 2
APPLICABLE REGULATIONS
City code, section 20 -902 states: "In any single - family residential district not more than one (1)
principal building shall be permitted to be erected on a single building lot."
City Code, section 20 -905 (2)(d) states: "A two -car garage must be provided with the single -
family structure."
DISCUSSION
The property owner is proposing to reconstruct the existing garage into a single - family home,
followed by demolition of the existing home and construction of a garage in its place. The
garage must be, at a minimum, a two -car garage.
The property owner has been working with staff to find a way to permit them to continue to live
in the house until the new house is constructed. Staffs' concerns were to develop a way that
would assure that the existing is removed from the site once the new home is ready for
occupancy. The attached contract provides the city with the assurance that this will be done:
• The building permit will not be issued unless the new home complies with all zoning and
building requirements.
• The certificate of occupancy will not be issued for the new house until a demolition
permit has been issued. This will verify that the existing house is being removed and also
make sure that the property owner is aware of and will meet all requirements for
demolition of the existing house.
• The owner has 30 days to move into the new house and demolish the second house upon
issuance of the certificate of occupancy.
• The agreement grants the city the right to demolish the existing house. Ann Nye will be
responsible for all city costs incurred in the demolition of the house. The city may certify
to the property taxes any costs incurred by the city that are not paid to the city.
• The owner must construct, at a minimum, a two -car garage on the property. The owner
must apply for and obtain a building permit prior to construction of the garage.
• The property owner shall supply security of 110% of the estimated cost of the demolition
of the existing house and construction of the garage at the time of building permit
application.
Staff believes that this agreement permits the property owner a reasonable opportunity to build
their new home, yet protects the city and insures that the zoning code will be met.
Todd Gerhardt
January 9, 2012
Page 3
In the past, the city had permitted construction of a new home while the residents occupied an
existing home on two occurrences. In one instance, once the new home was completed, the
property owner came back to the city and requested permission to keep the existing home, which
was approved by the city.
RECOMMENDATION
Staff recommends that City Council approve the attached agreement for execution.
ATTACHMENTS
1. Applicant's Narrative.
2. Registered Land Survey.
3. Agreement.
gAplan\2012 planning cases \1641 w 63rd st\nye memo.doc
AGREEMENT
AGREEMENT made this 9 1h day of January, 2012, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ( "City "), and ANN NYE, property owner
( "Ann Nye ").
WHEREAS; Ann Nye owns a home on certain real property (the "Subject Property ")
located in the City, the legal description, Lot 3, Block 1, Lenvilla Estates; and
WHEREAS; Ann Nye desires to construct a new home ( "New Home ") on the Subject
Property and demolish the existing home ( "Existing Home ") upon completing the construction of
the New Home, and construct a garage ( "Garage "); and
WHEREAS; The City is not required to issue Ann Nye a building permit for the New
Home until the Existing Home has been demolished; and
WHEREAS; The City is willing to issue Ann Nye a building permit and allow her to
begin construction on the New Home without first demolishing the Existing Home.
NOW, THEREFORE; on the basis of the mutual covenants and agreements herein
provided, it is hereby agreed by and between the parties hereto as follows:
Issuance of a Building Permit:
Provided the home proposed by Ann Nye meets all of the conditions for issuance of a
building permit, as determined by the City, and complies with the terms of this Agreement, the
City agrees to issue to Ann Nye a building permit for the New Home to be located on the Subject
Property.
Ann Nye shall construct, at a minimum, two -car Garage on the Subject Property upon
lifting of road restrictions. Ann Nye shall apply for and secure a building permit for the Garage,
which shall meet all of the conditions for issuance of a building permit, as determined by the
City, and comply with the terms of this Agreement.
2. Demolition:
Ann Nye shall apply for and secure a demolition permit for the Existing Home before the
City will issue a Certificate of Occupancy for the New Home. Ann Nye shall demolish and
remove the Existing Home within thirty (30) days of issuance of a Certificate of Occupancy for
the New Home.
3. Security:
Ann Nye shall supply security to the City at 110% of the estimated cost of the demolition
of the Existing Home and construction of the Garage at the time of Building Permit application.
102186
4. Costs:
The costs of the demolition and construction of the Garage shall be borne entirely by Ann
Nye. In the event Ann Nye does not secure the demolition of the Existing Home and
construction of the Garage within the above - described timeframe, Ann Nye consents to the City
arranging for the demolition of the Existing Home and construction of the Garage as soon as
reasonably practical. Ann Nye shall pay for all of the City's expenses incurred in the demolition
of the Existing Home and construction of the garage; provided, however, that if any portion of
said costs be outstanding more than thirty (30) days after mailing of an itemized statement for the
costs to Ann Nye, the deficiency shall be certified by the City Clerk to the County Auditor for
the entry on the tax rolls of the County as a special assessment against the Subject Property. Ann
Nye does hereby agree to waive any and all procedural or substantive objections to any
assessments against the Subject Property concerning the costs of demolition, including but not
limited to the Notice and Hearing requirements, and any claim that the assessments exceed the
benefit to the Subject Property. Ann Nye waives any appeal rights otherwise available pursuant
to law or equity.
5. Release:
Ann Nye for herself, her heirs, successors and assigns, hereby forever extinguish, release
and discharge the City and any of its elected or appointed officials, employees, attorneys, agents,
indemnitors, representatives, insurers and assigns, of and from any and all claims, demands,
obligations, actions or causes of action, at law or in equity, which arise from the City's issuance
of the building permit as stated in this Agreement or from the construction of the New Home and
Garage on the Subject Property, whether arising by statute, common law or otherwise, and for all
claims for damages, of whatever kind or nature, and for all claims for attorney fees, costs and
expenses.
6. Indemnification:
Ann Nye, for herself, her heirs, successors, and assigns, hereby agree to defend,
indemnify, keep and hold the City and any of its elected and appointed officials, employees,
attorneys, agents, indemnitors, representatives, insurers and assigns, harmless from any and all
past, present or future claims, demands, obligations, actions or causes of action, at law or in
equity, which arise from the City's issuance of the building permit or from the construction of
the New Home and Garage on the Subject Property, whether arising by statute, common law or
otherwise, and for all claims for damages, of whatever kind or nature, and for all claims for
attorney fees, costs and expenses.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
102186
CITY OF CHANHASSEN
Tom Furlong, Mayor
_►I
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2012 by Tom Furlong and Todd Gerhardt, the Mayor and City Manager
respective of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
Notary Public
ANN NYE
STATE OF MINNESOTA )
)ss.
COUNTY OF 1
The foregoing instrument was acknowledged before me this day of
, 2012, by Ann Nye, property owner.
Notary Public
102186
From: annnye (@g.com fmailto:annnye (@Q.coml
Sent: Monday, November 07, 2011 9:20 AM
To: Al -7aff, Sharmeen
Cc: Kairies, Angie
Subject: Re: Emailing: LETTER OF CREDIT FORM.doc
Hi Angie,
We spoke the other day in Sharmeen's office about the project we have
in mind for our property.
First, due to the age and condition of our old farmhouse, we realize
it will be more cost effective to remodel our 3 car garage and turn it
in to our house.
Here is how this can happen - Our contractor would re -hab the garage
this winter and his goal is to complete this before the thaw in the
spring of 2012.
Then we would demolish the old house and remove it when the ground is
still frozen.
We would then build the garage on the footprint of the old house when
it is safe to bring in the cement for the slab. So the old house would
be torn down within 20 days of the completion of the new one and
construction on the garage would begin as soon as the weight limit on
streets is lifted (after the thaw).
In the event that there is an early thaw that would prevent us from
bringing in the heavy equipment to tear down the house within the 20
days of completion of the new house the demolition of the old house
and the construction of the garage would begin as soon as the weight
limit on the streets is lifted.
We are prepared to supply letters of credit for both the demolition of
the old house and construction of the new garage as requested.
We are in the process of obtaining estimates for the demolition of the
old house and construction of a garage. We will give you the written
bids as soon as possible.
Thanks,
Ann Nye
952 - 401 -9015
LOT 3 BLOCK 1
LENVILLA ESTATES,
SECTION 39 TOWNSHIP 116 NORTH, RANGE 23 WVEST 9
CARVER COUNTY, MINNESOTA
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PROPERTY IS ZONED RSF (SINGLE FAMILY RESIDENTIAL) O DENOTES SET 5/8" REBAR W/ CAP, LIC. NO. 46535 EXISTING HARD COVER R Ov
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DENOTES SANITARY MANHOLE DRIVEWAY =4524 SO FT a..� ?,_ 1 / v
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PRINCIPAL STRUCTURE WETLAND SETBACK IS 30.00 PROPOSED HARD COVER Q i _ OF DRIVE
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2. ALL ELEVATIONS /CONTOURS ARE IN 29 DATUM.
ORIENTATION OF THIS BEARING SYSTEM IS BASED ON 3. THE EXISTING GARAGE WILL BECOME THE NEW HOUSE.
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