2b. Amend Subdivision approval 9350 Great Plains Blvd. 0 C1. b
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3 C ITYOF
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1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 a ,
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MEMORANDUM .
I TO: j -ra-41
Don Ashworth, City Manager
FROM: Jo Ann Olsen, Senior Planner ()LC
1 DATE: January 8, 1991 • i
I SUBJ: Re- Affirm Condition of Subdivision Approval -
Peterson/Blanski Subdivision
I On January 28, 1986, the City Council approved a metes and bounds
subdivision to create two 5 acre parcels. One of the conditions of
approval was that the driveways must be consolidated (Attachment
#1). The subdivision is located on Hwy. 101 where site distance is
I limited and access should be minimized. Mr. Peterson (subdivision
applicant) resides on Parcel A. Mr. Blanski resides on Parcel B.
1 On Friday, November 16, 1990, City staff observed a second driveway
being constructed by Mr. Blanski to provide individual access to
Hwy. 101. On Monday, November 19, 1990, staff issued a stop work
order (Attachment #2). Staff contacted the Minnesota Department of
I Transportation (MnDOT) and determined that an access permit for the
second driveway had been issued by MnDOT. In addition to a state
access permit, any grading over 50 cubic yards, which is not part
I of a building permit, requires a grading permit approved by the
city. No grading permit had been obtained.
1 The applicant claims that he did contact the city and was told that
a permit is not required for a driveway. This is true, the City
does not have a driveway ordinance where permits are required.
Many cities do have such an ordinance. However, it was not made
I clear that the lot in question was one where use of a shared
driveway was a condition of subdivision approval. The applicant
then proceeded with the MnDOT application and construction of a
1 second driveway.
The applicant installed a second driveway due to his neighbor, Bob
1 Peterson, sending a certified letter to Mr. Blanski stating that he
was fencing his property and cutting off Mr. Blanski's access to
Hwy. 101. Mr. Peterson and Mr. Blanski share access to Hwy. 101
over approximately 200 feet of Mr. Peterson's property (Attachment
1 #3). After contacting his attorney, the applicant was told that
the cross easement agreement between Messrs. Blanski and Peterson
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Peterson /Blanski Subdivision
January 8, 1991
Page 2 •
was not legal and would not hold up in court. Therefore, Mr.
Blanski was under the impression Mr. Peterson could cut off his
access.
' Staff allowed Mr. Blanski to complete the driveway with two
conditions which he signed for and agreed to do (Attachment #4):
' 1. Submit a grading permit application, pay the application
fees and comply with the conditions of the permit. (The
applicant has submitted a grading permit application and
fee.)
2. Complete the driveway at his own risk and should the City
Council not allow the second driveway, Mr. Blanski would
1 have to remove it at his own expense.
The second driveway is in violation of a condition of subdivision
approval, therefore, for it to be permitted, the City Council must
formally amend the conditions of approval. MnDOT approved the
location of the driveway, however, City staff still does not
recommend approval of the additional driveway on Hwy. 101 with it's
1 limited site distance and dangerous curves.
Mr. Peterson has stated that Mr. Blanski can still use the joint
' access and cut his driveway directly to the south and not have to
cross his property. Mr. Peterson, therefore, feels he is meeting
the conditions of subdivision approval. The alternative Mr.
Peterson is talking about would require the location of a portion
' of Mr. Blanski's driveway within State Hwy. 101 right -of -way and
staff does not feel this would be acceptable by MnDOT.
' Messrs. Peterson and Blanski are the original parties to first
purchase the property. Mr. Peterson was the applicant who
subdivided the property and he was and still is responsible for
conditions of approval and shall be required by the City to meet
all conditions. Since Mr. Blanski has admitted to there being a
cross easement agreement it appears that he was aware of there
being a condition to share access. The facts of this case are
' turning more into a legal question as to who is in violation and
can such be legally corrected.
Without question, the above case points to a "hole" in the current
filing procedures for plats /subdivisions. Specifically, it is not
feasible to file a trail or driveway easement across new lots if
1 the plat has not been filed showing such new lots. The current
procedure is one that makes the assumption that we have reviewed
each of the easements and that the applicant will first file the
new subdivision /plat and will then secondarily file the trail or
driveway easement. In this instance, Mr. Peterson did not
subsequently file the easement.
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Peterson /Blanski Subdivision
January 8, 1991
Page 3
Staff has already taken action to ensure that matters such as this
do not arise in the future. In other action being recommended on
tonight's City Council Agenda, the City Council is being asked to
approve new filing procedures. This will serve to place all
responsibility for managing the filing of documents in the City's
control through the City Attorney's Office.
From a city prospective, we feel relatively comfortable that an
easement agreement can be prepared and filed. The easement
agreement would be required of Mr. Peterson in a similar fashion as
was originally required through the Council's approval. However,
a question still arises as to the legal rights of Mr. Blanski.
Accordingly, the Planning Department, City Manager and City
Attorney are all recommending that the original condition of the
joint driveway stay in place and that Mr. Peterson /Mr. Blanski '
submit to the City Attorney's Office all legal documents regarding
the sale between the two, i.e. purchase agreement, prior easement
agreement, etc. Should the City Attorney's Office determine that
Mr. Blanski's legal rights are being violated, the City will have
no option other than to issue the grading permit as attached.
RECOMMENDATION 1
The original conditions of approval should remain with the City
Attorney instructed to effectuate such including starting court '
action if voluntary compliance cannot be achieved.
NOTE - While reviewing this issue, staff notices that a wetland may
have been filled on Mr. Blanski's property. Staff will further
pursue this issue. 1
ATTACHMENTS 1
1. Conditions of subdivision approval.
2. Copy of stop work order.
3. Letter .to Mr. Blanski.
4. Survey of property.
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CITYOF
CHANHASSEN
,,,it„
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
_ (612) 937 -1900
•
111 January 28, 1986
Mr. Robert Peterson
Route 2
Amery, WI 54001
Dear Mr. Peterson:
This is to notify you that the City Council at their January 27,
1986 meeting approved your request for a lot width variance as
part of your subdivision request subject to the following four
' conditions:
1. That the driveways be consolidated.
2. That the applicant receive an access permit from MnDOT.
3. That the septic systems are located 150 feet from the 875
1 foot elevation.
4. That detailed locations of the drainfields and alternative
sites are submitted for city approval before issuance of a
building permit.
Please be advised that deeds conveying either lot must be signed
by my office prior to recording.
Should you need further information, please feel free to contact
' me.
Ve trul ours,
Barbara Dacy
1 City Planner
BD : k
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937 -1900
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C I TYOF
w CHANHASSEN
• 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
N r (612) 937 -1900 • FAX (612) 937 -5739
i November 19, 1990
' - Mr. David Blanski
9350 Great Plains Blvd.
Chanhassen, MN 55317
' Dear Mr. Blanski:
On January 28, 1986, the City Council approved a metes and bounds
subdivision to create two 5 acre parcels. One of the conditions of
approval was that the driveways must be consolidated (see
attachments).
' On November 16, 1990, the City observed a second driveway being
constructed to provide access to Hwy. 101. On November 19, 1990,
staff issued a stop work order. Staff contacted Minnesota
Department of Transportation ( MnDOT) and determined that you had
received an access permit. In addition to a state permit, any
grading over 50 cubic yards which is not part of a building permit
' requires a grading permit by the City. Upon receipt of a grading
permit application, the City would have been able to determine a
second access would not be permitted since it would have been
' reviewed by the Engineering and Planning Department.
Staff understands that you did contact the City and were told a
driveway permit is not required for what you were proposing and
1 that you did make an effort to receive any permits required. We
also understand that your neighbor, Bob Peterson, whom you share
your current driveway with, has sent you a certified letter stating
that he was fencing his property and cutting off your access to
Hwy. 101. After contacting your attorney, you were informed that
the easement agreement between yourself and Bob Peterson was not
' legal and would not hold up in court. Therefore, Mr. Peterson
could cut off your access to Hwy. 101 and leave you with no option
but to construct a new driveway on your property.
' The condition of subdivision approval requiring a joint driveway is
still in effect and only the City Council can remove the condition.
Staff cannot give you permission to construct your driveway. In
either case, a grading permit is required. You stated you must
pave the driveway by November 21, 1990, before the permit from
MnDOT expires and the asphalt plants close for the season.
i
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Mr. David Blanski
November 19, 1990
Page 2
Any further activity on the site will be in violation of the stop
work order. Staff will remove the stop work order to allow you to
- pave the driveway if you agree to the following:
1. • Submit a complete grading permit application, pay the
application fees and comply with conditions of the permit.
2. Complete the driveway at your own risk and should the City
Council not allow the second driveway, you would have to
remove it at your own expense.
Staff will present this item to the City Council on December 10,
1990, for a decision on the second driveway. A grading permit
application for this size of activity can be administratively
approved by staff. 1
1
Jo Ann Olsen
Senior Planner
1
I have read this letter and understand that I must apply for a
grading permit and complete the second driveway at my own risk. 1
David Blanski Mary Bla Oki
‘94
Date
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