6. Peterson Front yard Variance a
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CITYOF
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0-:''' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
&ci;ut: by City ki7.. -_ .
I MEMORANDUM Endorsed-3/ -DwA"
AxOicC
Reiede e .�
II TO: Doh Ashworth, City Manager 1 ,7
FROM: Sharmin Al-Jaff, Planner I
IIDATE: July 16, 1991 ��' ~�� _ _,
SUBJ: Peterson Front Yard Variance Request
IIOn July 8, 1991, the Board of Adjustments and Appeals reviewed a
variance for a 12 foot front yard setback for the purpose of
II constructing a porch and deck. Staff recommended denial of the
variance for reasons outlined in the attached staff report
(Attachment #1) . The Board of Adjustments denied the variance
I request (Attachment #2) .
The applicant has appealed the decision of the Board and requested
that the City Council review this application. Staff maintains its
r position by recommending denial of Variance #91-7 for reasons
outlined in the staff report.
rATTACHMENTS
Staff report.
2/� Board of Adjustments and Appeals Minutes dated July 8, 1991.
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I ITY O F BOri DATE: 7/8/91� IIAIHAEII CC DATE:
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...1.7. ...-- CASE #.-VAR
By: AI--Ja f f:v
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1 STAFF REPORT
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PROPOSAL: A 12 Foot Front Yard Setback Variance for a Porch and
Deck
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1 Q LOCATION: 180 Fox Hollow Drive - Lot 1, Block 2, Fox Hollow Third_
Addition V
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APPLICANT: Stephen and Sharon Peterson Rte"'`"--_....
^ 180 Fox Hollow Drive rifts 1,-___:),-/ :`;.r
1Z. Chanhassen, MN 55317 Date sucm�ty_
1 a _ l_i___
Detr St;`_
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PRESENT ZONING: PUD-R, Planned Unit Development Residential
IACREAGE: 10, 500 square feet
1 DENSITY:
ADJACENT ZONING AND
LAND USE: N - PUD-R; Single family
I < S - PUD-R; Single family. •
E - PUD-R; Single family
laW - PUD-R; Single family
W WATER AND SEWER: Water and sewer is available.
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PHYSICAL CHARACTER. : The site contains a single family residence.
1 '
2000 LAND USE PLAN: Low Density Residential
II ,
1
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Peterson Variance
July 8, 1991
Page 2
BACKGROUND ,
Fox Hollow 3rd Addition was approved by the City Council on
February 3, 1986. It consisted of 3 single family lots and a 50
foot right-of-way to service the property to the north of Fox
Hollow 3rd Addition (Attachment #1) . This agreement was also noted
in the development contract signed by the developer and the city.
PROPOSAL/SUMMARY
The applicant is requesting a 12 foot front yard variance to
construct a porch and a deck 8 feet from the front yard lot line.
This lot is located in Fox Hollow 3rd Addition which is a planned
unit development. Fox Hollow 3rd Addition was permitted a 20 foot
front yard setback, 5 foot side yard setback on the garage side and
a 10 foot side yard setback on the other side yard. The applicant
submitted a letter (Attachment #2) stating that at the time they
built their residence, they thought Gray Fox Lane was a paper
street which would never be improved or at least not until years
later. The zoning ordinance requires that a front yard setback be
maintained from any public right-of-way regardless whether it is a
developed right-of-way or not. Also, it was noted in the
development contract for Fox Hollow, before Fox Hollow 3rd Addition
was created and was still an outlot that the developer agrees to
dedicate right-of-way across the outlot so that the property to the
north can be provided access to Fox Hollow Drive should that
property develop prior to the replat of the outlot. I
A variance may be granted by the Board of Adjustments and Appeals
or City Council only if all of the following criteria are met:
a. That the literal enforcement of this Chapter would cause undue
hardship. "Undue hardship" means the property cannot be put
to reasonable use because of its size, physical surroundings,
shape or topography. Reasonable use includes a use made by a
majority of comparable property within five hundred (500) feet
of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that in developed
neighborhoods pre-existing standards exist. Variances that
blend with these pre-existing standards without departing from
them meet this criteria.
* Staff surveyed the surrounding area within 500 feet and
found that although all properties have decks, they all
are built within the buildable area of the lot and do not
encroach into any required setback area. The hardship is
self created. The applicant should not have assumed that
Gray Fox Lane was to remain undeveloped and even if it
were to remain undeveloped, the required setback has to
be maintained from a public right-of-way whether it is
I/
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Peterson Variance
July 8, 1991
Page 3
developed or undeveloped. Furthermore, the applicant is
showing the porch and deck encroaching into a drainage
and utility easement. City ordinance forbid any
structures to be built within a drainage and utility
easement.
b. That the conditions upon which a petition for a variance is
based are not applicable, generally, to other property within
the same zoning classification.
* The request, if approved, will create a standard that
deviates from the surrounding property within the same
subdivision.
c. That the purpose of the variation is not based upon a desire
to increase the value or income potential of the parcel of
land.
* The purpose of the variation is not based upon a desire
to increase the value or income potential of the parcel
of land.
d. That the alleged difficulty or hardship is not a self-created
' hardship.
* The difficulty or hardship is self-created. This
' hardship is a result of the applicant assuming that Gray
Fox Lane would remain as a paper street.
' e. That the granting of the variance will not be detrimental to
the public welfare or injurious to other land or improvements
in the neighborhood in which the parcel of land is located.
* Granting of this variance will result in setting a
precedent within this neighborhood and introducing new
reduced setbacks. The deck and porch are proposed to be
' set 8 feet from the front property line. The zoning
ordinance strictly prohibits any structures to be built
within the front yard setback.
f. That the proposed variation will not impair an adequate supply
of light and air to adjacent property or substantially
increase the congestion of the public streets, or increases
' the danger of fire, or endanger the public safety or
substantially diminish or impair property values within the
neighborhood.
* The proposed addition will be encroaching on a drainage
and utility easement. However, it will not increase
congestion of the public streets or increase the danger
i
Peterson Variance
July 8, 1991
Page 4
of fire, or endanger the public safety or substantially r
diminish or impair property values within the
neighborhood.
Staff fails to find a hardship. Approval of this proposal will
result in setting a new precedent for this neighborhood. Staff is
recommending that the applicant consult an architect to design a
deck located in the northerly side yard of the property which
provides ample buildable space.
RECOMMENDATION I
Staff is recommending that the Board of Adjustments and Appeals
deny Variance Request #91-7 for reasons defined in the report.
ATTACHMENTS
1. Plat of Fox Hollow 3rd Addition. r
2 . Letter from the applicant.
3 . Proposed site plan.
4. Development contract for Fox Hollow PUD (refer to Page 8,
Section 4. 13) .
5. Memo from Jo Ann Olsen dated February 3, 1986.
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ATTACHMENT TO VARIANCE APPLICATION OF
STEPHEN C . & SHARON PETERSON I
THE MINIMUM LOT SIZE IN THE CITY OF CHANHASSEN IS 15,000
SQUARE FEET, BUT BECAUSE WE LIVE IN A PUD DISTRICT OUR HOUSE
WAS ALLOWED TO BE BUILT ON A 10, 500 SQUARE FOOT LOT. DUE TO
THE SMALLER LOT SIZES, THE HOUSES IN A PUD ARE NECESSARILY
PUT CLOSER TOGETHER. AFTER ALL, THE INTENT OF A PUD IS TO
OFTEN TIMES CLUSTER HOMES AND RELAX SET-BACKS IN ORDER TO
PROVIDE OPEN SPACE AND CREATIVE CONSTRUCTION. WE FEEL THAT
IT IS ONLY FAIR THAT ONCE THE CITY APPROVES A PUD, THAT THEY
DON 'T FORGET THE ORIGINAL INTENT OF PUD 'S AND TO APPROVE
- • REASONABLE VARIANCE REQUESTS SUCH AS THIS -- WHEN THE
REQUEST WILL MERELY ALLOW CONFORMANCE WITH NEIGHBORHOOD
STANDARDS .
THIS MODEL BUILD ON THIS LOT DOES NOT ACCOMODATE A
"WALK-OUT" FROM THE BASEMENT. THE ONLY PLACE FOR A SECOND '
EXIT IS OFF THE KITCHEN. THEREFORE, THE ONLY REASONABLE
PLACE TO LOCATE THE PORCH AND DECK IS AT THIS LOCATION.
FURTHER, THE TOPOGRAPHY BEHIND THE HOUSE IS NOT CONDUCIVE TO
BUILDING A PORCH AND DECK THERE .
•
MOST HOUSES IN THE NEIGHBORHOOD HAVE A DECK AND OR A
PORCH AND WE FEEL IT WOULDN ' T BE FAIR IF WE WERE NOT ALLOWED
TO BUILD ONE .
THIS VARIANCE WILL NOT INFRINGE ON ANY OTHER NEIGHBORING
LOT, AND NONE OF OUR NEIGHBORS HAS OFFERED ANY OBJECTION.
WHEN WE BUILT THIS HOUSE , WE PLANNED TO ADD A SCREEN I/PORCH AND DECK. WHEN WE ASKED ROTTLUND IF WE WOULD HAVE A
PROBLEM DOING SO THEY TOLD US NO . WE DON'T FEEL THAT WE
SHOULD BE PENALIZED BECAUSE IN 1986 THE CITY DIDN' T HAVE A
COMPREHENSIVE BUILDING INSPECTION DEPARTMENT AS IT DOES NOW,
WHICH CHECKS FOR FUTURE DECK LOCATIONS . THE BUILDING
INSPECTOR ALLOWED ROTTLUND TO BUILD THIS HOUSE RIGHT UP TO
THE SET-BACK LIMIT . INCIDENTLY, AT THE TIME WE BUILT THE
HOUSE, WE UNDERSTOOD THAT GRAY FOX LANE WAS A "PAPER ROAD"
WHICH WOULD NEVER BE DEVELOPED OR AT LEAST NOT UNTIL YEARS
LATER. OTHERS IN THE NEIGHBORHOOD ALSO BELIEVED THIS TO BE
THE CASE . WITH THIS UNDERSTANDING, WE NEVER FELT THAT A SET-
BACK WOULD BE A PROBLEM. FOR EXAMPLE, THE PRESENT REQUEST
WOULD BE UNNECESSARY IF THIS WAS A TYPICAL SIDE YARD SET-BACK
SITUATION. I
WE RESPECTFULLY REQUEST THAT YOU GRANT THIS VARIANCE SO
THAT WE MAY FULLY ENJOY OUR HOME AS WE INTENDED WHEN WE BUILT '
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IX000.0 Denotes Existing Elevation
9 Q�/V Proposed Top of Foundation Elevation = S1�,�
1000.01 Denotes Proposed Elevation 1 Proposed Garage Floor Elevation = 1-S*).
-4 Denotes Direction of Surface Drainage Proposed Lowest Floor Elevation = DIG,„2._
1 I hereby certify that this is a true and correct representation of a survey of the boundaries of:
Lot 1, Block 2, FOX HOLLOW 3RD ADDITION, Carver County, 1•4innesoto
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And of the location of all buildings, if any, thereon, and all visible encroachments, if any, from
Ior on said land. As surveyed by me this day of I9
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y SATHRE-BERGQUIST, INC. •oox PAGE for
� w 535 EAST WAYZATA BLVD. • WAYZATA,MN.553111 FILE NC. THE ROTTLUND CORPANY, INC.
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1 . CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(WITH OWNER INSTALLATION OF IMPROVEMENTS )
I PLAT OF FOX HOLLOW PLANNED UNIT DEVELOPMENT
BUILDER ' S DEVELOPMENT, INC.
' THIS AGREEMENT, Made and entered into this ��'�� day of
, 19$+ , by and between Builder 's Development,
Inc. , uthereinafter referred to as "the Developer") ,. and the CITY
' OF CHANHASSEN, a Minnesota municipal corporation (hereinafter
referred to as "the City") ;
•
' WITNESSETH, That the City, in exercising its powers pursuant
to M.S.A. §462 . 358 and other applicable state laws , and the
Developer in consideration of the mutual covenants herein con-
tained, recite and agree as follows:
SECTION 1. 0 RECITALS.
1. 01 . Fox Hollow Final Development Plan. The
Developer has heretofore made a request in the form of an
application to the City under the City Zoning and Subdivision
' Ordinances for the approval of a subdivision for the property,
more particularly described on "Exhibit A" (hereinafter referred
to as "Subject Property" or "Subdivision") and as owned by
Builder 's Development , Inc .
' Said plan and subdivision was approved by the City Council on
April 16 , 1984
1. 02 . Effect of Subdivision Approval . For two years
from the date of this Agreement, no amendments to the City' s
Comprehensive Plan, except an amendment adding the subject prop-
, erty to the city' s urban service area, or official controls shall
apply to or affect the use, development density, lot size, lot
layout, dedications or platting required or permitted by the
approved plat or preliminary plat unless required by state or
' federal law or agreed to in writing by the City and the
Developer. Thereafter, not withstanding anything in this
Agreement to the contrary, to the full extent permitted by state
law, the City may require compliance with any amendments to the
City ' s Comprehensive Plan , official controls, platting or dedica-
tion requirements enacted after the date of this Agreement and
may require submission of a new preliminary or final plats .
1 . 03 . Phasing Plan. Consistent with the Final
' Development Plan approval , final plats for this subdivision.
shall be recorded in phases . Each phase shall be consistent with
the approved preliminary plat , more particularly described in
Exhibit A, or the developer shall be required to submit a new
application . No earth moving or other development shall be done in
Afw.ei
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any phase until final plats have been filed in the County
Recorder ' s office and addendums to the development contract have
been approved by the City for those phases . For purposes of this
requirement , outlots shall not be deemed to have been final
platted . The City may refuse to approve final plats of sub-
sequent phases until public improvements for all prior phases
have been satisfactorily completed. "
SECTION 2. CONDITIONS OF PLAT APPROVAL. '
The City has approved or agreed to approve the plat on con-
ditions (1) That the developer enter into this Development
Contract , ( 2) that the developer provide an irrevocable letter of
credit , or cash escrow (as set forth in Sections 6.01, 6. 02, and
' 6 . 03 ) ( "Security") , guaranteeing the performance of the terms of
this Development Contract , and also guaranteeing the payment of
all construction costs of the improvement.
2. 01 . Construction. '
A. Developer agrees at its expense to construct,
install, and perform all work and furnish all materials and
equipment in connection with the installation of the following
public improvements (hereinafter the "Public Improvements") , in
accordance with the Plans and Specifications described in ¶2. 02
below, as modified by the Special Conditions set forth in Section
4 hereof:
1 . General site and street grading including stabilization
and erosion control
2 . Gravel base and bituminious surfacing
3 . Concrete curbs and gutters
4 . Sanitary sewer mains
5 . Watermains
6 . Storm and surface water drainage and retention ponds
B. The Developer also agrees to arrange for the '
orderly installation of utility lines and street lights throughout
the plat . System layouts and timetables shall be submitted as a
part of the Plans and Specifications setforth in Section 2. 02
below.
2 . 02 . Final Plans and Specifications . The Developer shall
provide the City with final plans and specifications, including a
final grading plan, prepared by a registered professional engineer.
Said plans and specifications shall be submitted for approval
by the City Council and shall be subject to the final
review and written approval of the City Engineer. Substantial
changes in said plans and specifications shall be referred by the
City Engineer to the City Council for approval. Said plans and
specifications are hereby made a part of this agreement.
Developer shall not make or permit any changes, variations ,
omissions or additions to City approved final plans and specifi-
cations without the written approval of the City Engineer prior
to any such change, variation , omission or addition.
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a -
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2 . 03 . Standards of Construction .
11 A. Developer agrees that all of the public improve-
ments shall be constructed and installed in accordance with the
' aforesaid City approved plans and specifications, and that said
improvements shall equal or exceed City standards, and that all
of said work shall be subject to the inspection and approval of -
the City Engineer or his authorized representative. The
Developer represents to the City that the proposed development
and plat complies with all City, County, State, Metropolitan , and
Federal laws , regulations and ordinances . If the City determines
' that the development or plat does not fully comply with said
laws , the City may, at its option, refuse to allow any construc-
tion or development work on the subject property until the
Developer does comply. Upon the City' s demand the Developer
' shall cease work until there is compliance.
B. The Developer hereby grants the City, its agents ,
employees , officers and contractors a license to enter the sub-
ject property to perform all necessary work and/or inspections
deemed appropriate by the City during the installation of public
improvements by the City. The license shall expire after the
public improvements installed pursuant to the development
contract have been installed and accepted by the City.
2. 04 . Materials and Labor . All of the materials to be
employed in the making of said public improvements and all of the
work performed in connection therewith shall be of uniformly good
and workmanlike quality. In case any material or labor supplied
shall be rejected by the City as defective or unsuitable, then
such rejected material shall be removed and replaced with approved
material , and rejected labor shall be done anew to the satisfac-
tion and approval of the City at the cost and expense of the
Developer .
2 . 05 . Staking , Surveying and Inspection. It is agreed
that the Developer, through his registered professional engineer,
shall provide for all staking, surveying and resident inspection
for the above described improvements in order to ensure that the
completed improvements conform to the approved plans and specifi-
cations . The City will provide for general inspection and shall
be notified of all tests to be performed. It is agreed that the
estimated cost of such improvements, including reasonable charges
of the City for legal, planning, engineering services, including
inspection , supervision and administration costs, shall be
' included in the total cost of all improvements for purposes of
computing the amount of the financial security to be furnished to
the City by the Developer pursuant to the terms of this
agreement . Upon demand, the Developer shall promptly reimburse
the City for all costs, including staff time, the City incurs in
making inspections .
2. 06 . Completion Date and Schedule of Work.
A. It is agreed by the Developer that the construction
' of the public and private improvements shall commence within one
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(1) year of the filing of the final plat with the County Recorder
and that all public improvements shall be completed within two
( 2) years of said plat filing .
B. The Developer or his engineer shall schedule a pre-
construction meeting at a mutually agreeable time and place with
all parties concerned including the City staff to review the
program for the construction work.
C. Upon completion of all the Public Improvements, a 11
representative of the contractor , and a represenative of the
Developer 's engineer will make a final inspection of the work
with the City Engineer . Before the City accepts the improvements ,
the City Engineer shall be satisfied that all work is satisfac-
• torily completed in accordance' with the approved plans and speci-
fications; and the Developer and his engineer shall submit a '
written statement attesting to same.
D. Within sixty ( 60 ) days after completion of the
improvements and before the City releases the posted security ,
the Developer shall supply the City with a complete set of as-
built mylar reproducible plans for the City records. These plans
shall include the locations and ties to all sanitary sewer and
watermain services as well as gate valve boxes and manholes .
E. Final approval and acceptance of the Public
Improvements shall take the form of a Resolution duly passed by
the City Council , on the `advice of the City Engineer. Final
approval and acceptance shall be granted upon the City Engineer ' s
final inspection pursuant to Section 3 . 08 and shall be con-
ditioned upon the one year guarantee of work and guarantee bond
set forth in Section 3.14 hereof.
2. 07 . Claims for Work. The Developer shall not do any
work or furnish any materials not covered by the plans and speci-
fications and special conditions of this agreement, for which reim-
bursement
is expected from the City, unless such work is first
ordered in writing by the City Engineer as provided in the
specifications .
Any such work or materials which may be done or fur-
nished
by the contractor, without such written order first being
given shall be at his own risk, cost and expense, and he hereby
agrees that without such written order he will make no claim for
compensation for work or materials so done or furnished.
2. 08 . City Disclaimer . It is hereby agreed, anything to the
contrary herein notwithstanding, that the City of Chanhassen, the City
Council and their agents or employees shall not be personally
liable or responsible in any manner to the Developer, the
Developer ' s contractor or subcontractor, material men, laborers
or any other person or persons whomsoever, for any claim, demand,
damages , actions or causes of action of any kind or character
arising out of or by reason of the execution of this agreement or
the performance and completion of the work and the improvements
provided herein , and that the Developer shall hold the City I
-4-
harmless from all such claims , demands, damages , actions or
causes of actions , or the costs , disbursements , and expenses
of defending the same, specifically including , without intending
to limit the categories of said costs , cost and expenses for City
administrative time and labor , costs of consulting engineering
services and costs of legal services rendered in connection with
defending such claims as may be brought against the City.
The Developer shall hold the City and its officers , Dm
agents , consultants and employees harmless from claims made by
itself and third parties for damages sustained or costs incurredfertn
sul�,►�
1 ww resulting from plat approval aid development. The Developer
shall indemnify the City and its officers and employees for all
osts , damages or expenses which the City may pay or incur in
649; consequence of such claims , including attorney 's fees.
' 2. 09 . Erosion Control. Developer,p , at its expense, shall
provide temporary and permanent dams , earthwork, retention and
sedimentation basins, and such other practices including seeding
of graded areas , as shall be needed in the judgement of the City
Engineer, to prevent the washing, flooding, sedimentation and
erosion of lands and roads within and outside the subject prop-
erty during all phases of construction , including construction on
individual lots . Additionally, the Developer shall comply with
all conditions of any grading and land alteration permits from
' issued by the Watershed District, the U.S. Corps of Engineers ,
the Minnesota Department of Natural Resources, and, insofar as
practical, shall comply with the recommendations of the U.S . Soil
' Conservation Service .
To insure compliance in this matter, the developer shall provide
' a site erosion control plan satisifactory to the City for the
prevention of damage to adjacent property and the control of sur-
face water runoff during the initial construction phases of the
project . This plan shall indicate the location of berm and tem-
porary water retention areas , which shall be kept in good repair
until permanent drainage control is provided. All areas
disturbed by the excavation and backfilling operations, except
' for the future paved portion of the streets, shall be reseeded as
soon as practical after completion of the excavation operation.
In the event that, in the City's opinion, the Developer has
failed to adequately control erosion, the Developer grants the
City permission to immediately enter the property and take such
measures as it deems necessary to control erosion at the
Developer 's expense.
2. 10 . Street Maintenance During Construction . The
Developer shall be responsible for all street maintenance until all
' streets within the subdivision are accepted by the City pursuant
to section 2. 06 . Warning signs shall be placed by the developer .
when hazards develop in streets to prevent the public from tra-
veling on same and directing attention to detours . If streets
' become impassable, the City may order that such streets shall be
barricaded and closed. The Developer shall maintain a smooth
roadway surface and provide proper surface drainage. The
' Developer shall be responsible for keeping streets within and
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without the subdivision swept clean of dirt and debris that may
spill or wash onto the street from his operation. The Developer
may request, in writing , that the City keep the streets open
during the winter months by plowing snow from said streets prior
to final acceptance of said streets . The City shall not be
responsible for re-shaping- or damage to the street base or utili- • II
ties because of snow plowing operations if they are requested.
The provision of City snow plowing service does not constitute
final acceptance of said streets by the City. I
2. 11 . Conveyance of Improvements. Upon completion of the
installation by Developer of the Public Improvements set forth in
Section 2. 01 A. hereof in accordance with the plans and specifi-
cations hereunder and the written approval by the City.
•
Developer shall convey said improvements to the City free of all
liens and encumbrances and with warranty of title pursuant to
Bill of Sale or Warranty Deed, as applicable. Should the
Developer fail to so convey said improvements , the same shall
become the property of the City without further notice or action
on the part of either party hereto, other than acceptance by the
City pursuant to Section 2. 06 . -
2. 12 . Building Permits and Occupancy Permits. '
a. Prior to completion of the grading and placement of
rock stabilizing materials for road construction within the sub- ,
division , the City Building Official, with the approval of the
City Engineer, shall be authorized to issue building permits for
residential construction within such subdivision upon payment of
all fees and charges applicable to the issuance of permits and
provision for adequate site access .
b. The occupancy of any structure within said sub- '
division shall be prohibited by the City until the streets have
been completed with bituminous surface, and municipal sanitary
sewer and water lines have been installed, tested, inspected and
are available to serve the lot for which a building permit has
been issued. The City Engineer may, based on his analysis of
the soils on the subject property, require that bituminous paving
be delayed for not more than a six month period and allow occu-
pancy permits to be issued if an adequate gravel base has been
established which assures safe passage during all seasons by all
vehicles typically using such streetts) . 1
2. 13 . One Year Guarantee of Work and Guarantee Bond. All
work and materials performed and furnished by the Developer, its
agents and subcontractors pursuant to 52. 01 above, which are found
by the City to be defective within one year after acceptance
by the City shall be replaced by Developer at Developer 's sole
expense. In accordance with Section 6. 02, and not in addition thereto,'
said guarantee of work shall be secured to the City by an irre-
vocable letter of credit in an amount established by the City as
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.
1
I furnished by the developer to the City. Said latter of credit
shall first be approved by the City, and shall be in addition to,
and not in lieu of , any other remedies which may be available to
the City to secure any defects in materials or workmanship.
II2. 14 . Liability Insurance. The Developer or his contrac-
tor shall take out and maintain during the course of improvement
II installation , public liability and property damage insurance
covering personal injury, including death, and claims for property
damage which may arise out of Developer 's work or the work of its
subcontractors or by those directly or indirectly employed by any
1 of them. Limits for bodily injury or death shall be not less than
$500 , 000 for one person and $1,000 ,000 for each occurence; limits
for property damage shall be not less than $200, 000 for each
II occurrence . The City shall be named as an additional named
insured on said policy, and Developer shall file a copy of the
insurance coverage with the City prior to the City' s execution of
the final plat .
IISECTION 3 . STATUS OF SPECIAL ASSESSMENTS.
3 . 01 . Existing Assessments . The Developer acknowledges
the existing special assessments previously levied against
said property and agrees to the rearrangement of these
II assessments to the newly created lots in the Plat as determined
by the City.
SECTION 4. SPECIAL CONDITIONS.
I4. 01 . Building Elevations . Building pads and basement
floors shall be constructed at an elevation established for the
I subject property not less than two (2) feet above the regional
flood elevation established for the subject property in accor-
dance with the requirements of applicable City ordinances .
1 4 . 02 . Off-Site Easements . The developer, at its expense,
shall acquire all perpetual easements from abutting property
owners necessary for the installation of sanitary sewer, storm
I sewer and water facilities within the subject property and
thereafter shall promptly assign said easements to the City prior
to the installation of improvements.
II4. 03 . Easements Dedicated On Plat . In addition to public
utility and street right-of-way easements , perpetual easements
for surface water drainage, including ponding and sedimentation
lbasins and access thereto, shall be dedicated on the final plat
to the extent permitted by State law. All such easements not so
dedicated shall be granted to the City in form approved by the
II City and acceptable for recording in the Office of the County
Recorder .
1 4 . 04 . Park Fees . Prior to the issuance of building per-
mits for residential construction within the plat , Developer, its
successors or assigns , shall pay to the City the park fee then in
force pursuant to Chanhassen City Ordinance and relevant City
IICouncil Resolutions thereafter, unless otherwise adjusted in this
agreement.
11 - -7-
4 . 05 . Street Lighting . The expense of furnishing
electrical energy for street lighting purposes shall be assumed by
the developer for the first 24 months after completion of
installation of the street lighting system, or until fifty per-
cent ( 50%) of the building lots have been improved by the
construction of residences thereof, whichever is first to occur .
4. 06 . Street Signs . All street name and traffic signs
required by the City within the subdivision as part of the
required public improvements shall be furnished and installed by
the City at the sole cost of the Developer .
•
4 . 07 . Setting of Lot and Block Monuments. Developer shall
place iron monuments at all lot and block corners and at all other
angle points on bbundary lines . Iron monument placements shall be
verified after construction of improvements has been completed
in order to preserve the lot markers for future property owners .
4. 08 . Lot Plantings . One boulevard tree shall be planted 11 on each residential lot within the subdivision that does not already
have a tree in the boulevard or front yard setback area. Tree
placements shall take into account utility lines that are routinely
placed in the boulevard area and potential future driveway locations. II
4. 09 . Construction Trailers . Placement of on-site
construction trailers and temporary job site offices shall be
approved by the City Engineer as a part of the pre-construction
meeting for installation of public improvements. Said trailers
shall be removed from the subject property within thirty days
following the completion of the public improvements unless other-
wise approved by the City Engineer .
4 . 10 . Community Postal Stations . The Developer shall 1
provide for the maintenance of community postal stations and that
the location and maintenance requirements for said postal sta-
tions receive the approval of the local postmaster . '
4. 11 Trail Easement. The Developer shall dedicate an
eight foot wide blanket trail easement on Outlot A and Lots 10
and 11 , Block 2, as depicted on the Lotus Lake Manor Homes Final
Plan .
4. 12 . Front Yard Setbacks . As a part of approval of this
plat, the City Council approved 20 foot front yard setbacks on
all residences .
4 . 13 . Access to Property North of Outlot B: Following '
the filing of the Fox Hollow Plat and the initiation of installa-
tion of improvements , the developer agrees to dedicate R/W across
Outlot B so the property to the north can be provided access to ,
Fox Hollow Drive should that property develop prior to the replat
of Outlot B. Placement of said R/W stub shall be located so as
to readily service the northern property while protecting the
future subdivision potential of Outlot B.
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11
SECTION 5. CONSERVATION EASEMENT.
ir5 . 01 . Easement To Be Granted. Developer shall grant to
the City a perpetual conservation easement for environmental pro-
tection and wetland preservation over those areas below contour
II qOZ. p -
No credit for park charges under Chanhassen
I Ordinance No. 14 as amended shall be granted Developer, its suc-
cessors or assigns for the grant of said easement.
5 . 02 . Conservation Easement Development Restrictions . All
II of the following activities shall be prohibited within the conser-
vation easement area, as delineated on Exhibit "A" .
I a. The placement and erection of buildings, structures ,
and private docks .
IIb. The alteration of vegetation in any manner or form.
c . The excavation or filling of the easement area.
Id. The application of fertilizers , whether natural or
. chemical .
I e . The application of chemicals for the destruction or
retardation of vegetation .
IIf . The deposit of waste or debris .
g . Construction of paths , trails , walkways, and ser-
vice roads, except as constructed by the City.
Ih . The application of herbicides , pesticides and insec-
ticides .
IIi . The storage of watercraft , boat trailers, ice
fishing houses , snowmobiles , and any type of
I motorized and non-motorized vehicles.
5 . 03 . Form and Approval of Easement. The form of the con-
servation easement shall be prepared by the City at the expense
II of the Developer prior to the City signing the final plat , and
shall be approved by the City Council prior to submission to the
Developer for execution and delivery to the City.
ISECTION 6. ENFORCEMENT PROVISIONS.
6. 01 . Reimbursement of Costs . The Developer shall reim-
1 burse the City for all costs , including all reasonable engineering ,
legal , planning and 'administrative expenses , incurred by the City
in connection with all matters relating to the administration and
I enforcement of this contract and the performance thereby by
the Developer. Such reimbursement shall be made within fourteen
( 14 ) days of the date of mailing of the City's notice of costs .
II If such reimbursement is not made, the City may halt all subdivision
development work until all costs are paid in full.
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II
a. The City shall have no obligation to pay such
II
development costs whether or not the City has approved the
work.
b. The Developer shall pay the City ' s out-of-pocket I
expenses previously or subsequently incurred , including but
not limited to legal, planning , engineering and inspection
work performed in connection with review and approval
II
of the plat, the installation of the public improvements , and
the preparation of this Development contract. The Developer .
further agrees to pay all reasonable costs and expenses II incurred by the City in monitoring and inspecting the development
of the subdivision including, at the City ' s option, full time
- inspection by one or more City inspectors .
c. The Developer shall indemnify the City for all II
costs , damages or expenses , including engineering and attor-
ney fees , which the City may pay or incur in consequence of II such claims by all third parties including but not limited
to other property owners , contractors, subcontractors , and
material men.
II
6 . 02 . Security for Performance bz Developer. For the pur-
pose bf assuring and guaranteeing to the City that the public
improvements to be by the Developer constructed, installed and I
furnished as set forth in 52.01 hereof shall be constructed,
installed and furnished by the Developer according to the terms
of this agreement , and that the Developer shall pay all claims '
for work done and materials and supplies furnished for the per-
formance of this agreement, and that the Developer shall fully
comply with all of the other terms and provisions of this
Development Contract, Developer agrees to furnish to the City
II
either a cash deposit , or an irrevocable letter of credit
approved by the City in an amount equal to 110% of the costs of
the improvements described in Section 2. 01 hereof, as estimated
II
by the City Engineer . Said cash deposit or irrevocable letter of
credit shall be in addition to any performance bond or other
security required by any other regulatory agency. Said security II must be posted with the City prior to the City's signing of the
final plat .
A letter of credit may be submitted for a one year period of
II
time with the provision that it shall be renewed at the end of
the eleventh month for any improvements yet to be satisfactorily
completed and accepted by the City. Failure to furnish a new II letter of credit at least thirty ( 30 ) days before the posted
letter of credit lapses shall be deemed a condition of default
and the City may obtain all monies posted under the existing
IIletter of credit.
6 . 03 . Remedies Upon Default.
a . Assessments . In the event Developer shall default II
in the performance of any of the covenants and agreements
herein contained, and such default shall not have been cured
within ten (10 ) days after receipt by Developer of written
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II
notice thereof , the City , if it so elects , may cause any of
the required improvements to be constructed and installed, or
may take action to cure said default, and to the extent that the
City ' s recovery on the security deposit in 6. 02 is deficient , may
' cause the entire cost thereof, including all reasonable engi-
neering , legal and administrative expense incurred by. the City, '
to be recovered as a special assessment under Minnesota Statutes ;
' Chapter 429 , in which case the Developer agrees to pay the entire
amount of the assessment roll pertaining to any such improvement
within sixty ( 60 ) days after its adoption. In addition,
Developer further agrees that in the event of its failure to pay
1 in full any such special assessment within the time prescribed
herein , the City shall have a specific lien on all of Developer 's,
real property within said plat for any amount so unpaid, and the
City shall have the right to foreclose said lien in the manner
prescribed for the foreclosure of mechanic 's liens under the laws
of the State of Minnesota or to certify such lien to the
County Auditor pursuant to 514 . 67 of Minnesota Statutes .
' In the event of an emergency, as determined by the
City Engineer, the notice requirement to the Developer shall
be and is hereby waived in its entirety, and the Developer
shall reimburse the City for any expense incurred by the City
in remedying the conditions creating the emergency.
b . Security Deposit . In conjunction with the foregoing ,
the City may utilize any cash deposit made or letter of
credit delivered hereunder , to collect , pay or reimburse the
' City for :
( 1) the cost of completing or repairing the construction
' of the public improvements described in ¶2 . 01 above;
and
( 2) the cost of curing any other default by the Developer
in its performance of any of the covenants and
agreement contained herein; and
( 3) the cost of reasonable engineering, legal, and admini-
strative expense incurred by the City in enforcing
and administering this contract; and
( 4) payment of claim of contractors and materialmen at the
City 's discretion.
' c . Legal Proceedings . In addition to the foregoing,
the City may institute any proper action or proceeding at law
or at equity to prevent, restrain or abate violations of the
within development contract .
SECTION 7. MISCELLANEOUS TERMS AND CONDITIONS.
7. 01 . Compliance with Laws , Ordinances and Regulations;
Permits . In the development of the subdivision, the Developer
shall comply with all laws, ordinances and regulations of, and
secure valid necessary permits from the following authorities:
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I
( 1) City of Chanhassen
( 2) State of Minnesota , its agencies , departments and
commissions
( 3) Department of Natural Resources
( 4) Watershed District II( 5 ) U.S . Army Corps -of Engineers
7 . 02 . Duration of Contract . This contract shall remain in
effect until such time as Developer shall have fully performed all
of its duties and obligations under this contract. Upon the writ-
ten request of Developer and upon the adoption of a resolution by
the Chanhassen City Council finding that the Developer has fully ,
complied with all of the terms of this contract and finding that
Developer has completed performance of all Developer 's duties man-
dated by this contract, the Chanhassen City Manager shall issue to
the Developer on behalf of the City an appropriate Certificate of
Compliance.
7. 03 . Notices . All notices , certificates and other com-
munications hereunder shall be sufficiently given and shall be
deemed given when hand delivered or mailed by certified mail ,
return receipt requested, postage prepaid, with property address I/as indicated below. The City and the Developer, by written
notice given by one to the other, may designate any address or
addresses to which notices , certificates or other communications
to them shall be sent when required as contemplated by this
agreement . Unless otherwise provided by the respective parties ,
all notices , certificates and communications to each of them
shall be addressed as follows: '
To the City: City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
Attn: City Manager
To the Developer : Builder 's Development, Inc.
1055 E. Wayzata Blvd.
Wayzata, MN 55391 1
7. 04 . Binding Effect. This agreement shall inure to the
benefit of and shall be binding upon the City and the Developer
and their respective successors and assigns . Nothing in this
I/
agreement, express or implied, shall give to any person, other
than the parties hereto, and their respective successors, and
assigns , hereunder, any benefit or other legal or equitable right,
I/
remedy or claim under this agreement .
7. 05 . Non-Waiver . The action or inaction of the City
shall not constitute a waiver or amendment to the provisions of
this Agreement. To be binding , amendments or waivers shall be in
writing , signed by the parties and approved by written resolution
of the City Council . The City' s failure to promptly take legal
action to enforce this agreement shall not be a waiver or
release.
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1
I'
7. 06 . No Further Review Required. The Developer repre-
sents to the City to the best of its knowledge that the plat is
not of "metropolitan significance" and that an environmental
impact statement is not required. However, if the City or
' another governmental entity or agency determines that such an
environmental review is needed, the Developer shall prepare it in
compliance with legal requirements so issued from said agency.
The Developer shall reimburse the City for all expenses ,
including staff time and attorney' s fees , that the city incurs in
assisting in the preparation of the environmental review.
7. 07 . Severability. In the event any provision of this
agreement shall be held invalid, illegal, or unenforceable by any
court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof, and the
remaining provisions shall not in any way be affected or impaired
thereby.
7. 08 . Execution of Counterparts . This agreement may be
11 simultaneously executed in several counterparts , each of which
shall be an original , and all of which shall constitute but one
and the same instrument .
7. 09 . Construction . This agreement shall be construed in
accordance with the laws of the State of Minnesota .
' 7 . 10 . Headings . Headings at the beginning of sections and
paragraphs hereof are for convenience of reference, and shall not
be considered a part of the text of this contract , and shall not
influence its construction.
7. 11 . Denial of Building Permits . Breach of any terms of
this Agreement by the Developer shall be grounds for denial of
building permits within this subdivision .
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written .
I
C • OF CHANHASS
11
BY
Mayor
(:21LSO
By
City Manager
-13-
1
II
STATE OF MINNESOTA)
ss
COUNTY OF CARVER )
On this LA 156 day of , 198v , before me ,
II
a notary public within and r sa 3 -County, personally appeared
Thomas L. Hamilton and Don Ashworth, to me personally known , who
being each by me duly sworn did say that they are respectively
II
the Mayor and City Manager of the Municipal corporation named in
the foregoing instrument , and that the seal affixed to said
instrument is the corporate seal of said municipal corporation ,
and that said instrument was signed and sealed in behalf of said II
municipal corporation by authority of its City Council and said
Thomas L. Hamilton and Don Ashworth acknowledged said instrument
to be the free act and deed of said municipal corporation. I
` •. 'NESOTA
.t. ry Public
- r:JU�VTY
..., ..Oct 1
DEVELOPER 1
Du41..bc-C D ■Jet-oPnn r.
L (-.1.i
By 6\_
I
II
ts: v. p
II
By
Its : 1
STATE OF MINNESOTA )
ss
II
COUNTY OF CARVER )
11
On this /q , day of .( ( Ly , 19S4 , before me, a
notary public within and fdr�s—said County, personally appeared
I/
A(' 211v and
to me known tip be the persons representing the developer 's
interests in the capacity shown under their signature and who
executed the foregoing instrument and acknowledged that they exe- ,
cuted the same as their free act and deed.
4e, - C-X
Q. - macp �/� ` I M, OM
Notary Public
Z I
-14-
CITYOF
CHANHASSEN
690 COULTER DRIVE • P:O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
1 MEMORANDUM
•
TO: Mayor and City Council
FROM: Jo Ann Olsen , Asst. City Planner
DATE: February 3 , 1986
SUBJ: Final Plat Approval for Fox Hollow Third Addition
The applicant is proposing the final plat for Outlot B of the Fox
Hollow PUD. The final plat splits the outlot into three single
family -lots and a 50 foot right-of-way to service the property to
the north (Hulet property) . The proposed final plat is con-
sistent with the approved preliminary plat for Fox Hollow. Also,
the location of the 50 foot right-of-way services the property to
1 the north as approved for the Hulet subdivision (Attachment #1) .
RECOMMENDATION
1 Staff is recommending approval of Fox Hollow Third Addition
stamped "Received January 31 , 1986".
ATTACHMENTS
1 . Hulet Subdivision
2 . Final Plat stamped "Received January 31 , 1986"
P
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REGULAR CHANHASSEN CITY UNCIL MEETING
February 10 , 1986
Mayor Hamilton called the meeting to order . The meeting was opened with the Pledge
to the Flag.
Members Present
Councilman Horn , Councilwoman Watson ,
and Councilwoman Swenson
Members Absent
Councilman Geving
Staff Present
Don Ashworth , Barbara Dacy
and Bill Monk
•
APPROVAL OF AGENDA: Councilwoman Watson moved to approve the agenda as presented
with the addition of discussion on the DNR Christmas Lake Boat Access. Motion was
seconded by Councilman Horn. The following voted in favor: Mayor Hamilton,
I/
Councilwomen Watson and Swenson , and Councilman Horn. No negative votes. Motion
carried.
CONSENT AGENDA:
Councilwoman Watson moved to approve the following consent agenda items pursuant to
the City Manager's recommendation:
1 . a. Approve Final Plat of Fox Hollow Third Addition.
b. Final Reading of Ordinance 24-E, Increasing Animal Impound
Fees.
c . Authorize Signing of Lake Ann Ball Field Lighting Grant
Agreement.
Motion was seconded by Councilman Horn. The following voted in favor: Mayor
I/
Hamilton, Councilwomen Watson and Swenson , and Councilman Horn. No negative votes.
Motion carried.
AWARD OF BIDS
FOURTH OF JULY FIREWORKS BIDS:
Don Ashworth: This item did not go to the Park and Recreation Commission, but given
the timing, we thought it was important to get it to the Council. We wanted to bring
it to the Park and Recreation Commission meeting, but they could not obtain a quorum.
Councilman Horn moved to approve the bid of $3 ,000.00 from Banner Fireworks Display
for the 4th of July Celebration. Motion was seconded by Councilwoman Swenson.
I/
Mayor Hamilton: I thought Vitale's finale looked pretty spectacular on paper more so
than the others.
Don Ashworth: Lori 's recommendation is that all three firms have received good
recommendations in other cities. If the Council believes another display might be
better
Mayor Hamilton: Bannner wasn 't as good last year as they were the year before.
I
CHANHASSEN ZONING BOARD OF
ADJUSTMENTS AND APPEALS
REGULAR MEETING
JULY 8, 1991
Chairman Johnson called the meeting to order .
MEMBERS PRESENT: Willard Johnson , Carol Watson and Tom Workman
STAFF PRESENT: Paul Krauss , Planning Director ; Sharmin Al-Jaff , Planner I ,
Dave Hempel , Senior Engineer and Roger Knutson , City Attorney
1 LOT FRONTAGE VARIANCE FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE
LOCATED ON PROPERTY ZONED RSF AND LOCATED ON LOT 35, BLOCK 4 , RED CEDAR
POINT ( 3727 SOUTH CEDAR ) , WILLIAM HAUGH.
Tom Workman moved , Carol Watson seconded to approve the Lot Frontage
Variance for the construction of a single family residence located on
IIproperty zoned RSF and located on4t..ot 35 , Block 4 , Red Cedar Point . All
voted in favor and the motion carried unanimously .
A 12 FOOT FRONT YARD VARIANCE FOR CONSTRUCTION OF A PORCH AND DECK LOCATED
AT 180 FOX HOLLOW, STEVE AND SHARON PETERSON.
Sharon Peterson: . . .Ask a few questions about what 's in this report . We
II received this last Friday and didn 't have a whole lot of time to find out
what some of these things mean . But in the first section where it says a
hardship is self created . The applicant should not assume that Gray Fox
II Lane is to remain undeveloped . We never said in our application that we
thought that it would never be developed . The only reason I mentioned that
was because I didn 't know until we tried to build these steps that we had
what was considered two front yards . I had absolutely no idea that if you
lived on a corner you had two front yards and your setback would be less .
When we built the house , Rottlund Construction asked us how did we want the
house situated . Where we wanted the garage . We told them we wanted the
11 kitchen on the west side so we could put a deck there . We asked them , are
we going to have a problem putting a deck there and they said no . Now I
don 't know about the average homeowner but I had no idea of setbacks .
I Nothing . . .and it wasn 't brought up to us either . The only reason that I
mention it was about . . .made the point that it was a typical sideyard
setback . . .and real nice that we had two front yards . The other thing that
it says here , the purpose of the variance is not based upon a desire to
increase the value or income potential of the parcel of land . Well , I
didn 't say anything in there about increasing the value of my land because
it was evident to me if you spend $9 ,000 .00 on a porch and a deck , it 's
11 obviously going to increase the value of your home . If it didn't , it
wouldn 't make any sense to do it . Again , the difficulty or hardship was
self created . This hardship was the result of a . . .Gray Fox Lane remained a
paper street . I never said that . We also feel that this hardship was
created by Rottlund Construction building the house right up to the setback
with the only other exit to our house right there at the limit . That 's the
only place you could put a second exit in our house is right off the
kitchen because there 's no walkout . The basement , the family room is half
underground . I don't know exactly what you 'd call that but the windows are
level with the grass . And also the City approved the plans . They say that
I
Board of Adjustment and Appeals
/I
July 8 , 1991 - Page 2
there was a door there and that was the only other door to the house . I
don 't understand how if there was this front yard setback , they could let
Rottlund do it . Also about setting a precedent . . .new setbacks . I feel in II
order to set a precedent you need to have a pre-existing home with an exit
on the side yard , on a corner in a PUD . If the City does their job and
looks at these proposals from these builders , it shouldn 't have to . I have
no idea what a drainage and utility easement is so I don 't know exactly how '
to express that but we planted two trees . We had all the utility companies
come and mark where the cables are . They never sprayed on that side of our
yard . I don 't even know what a drainage easement is . I
Krauss: There are standards easements that are taken around each lot .
They 're normally taken inbetween lot lines for a couple of reasons . One is l
for drainage . Normally when you build a home , the home is up high and you
have a swale going away from the home but your neighboring homeowner does
the same thing . It channels the water away from the home into the street
where it can be collected . We take standard utility easements for a
variety of reasons . It 's to protect an area whereby a cable company or thell
City or the gas company can install and does install facilities to serve
the subdivision . It 's not always used but it 's always taken and it 's
I/
always protected so it can be used when the need arises .
Sharon Peterson: But the houses behind us and all the houses around us are "
already developed and there 's nothing in there now . You could put a water
line through there . . .
Krauss: It 's not impossible . Stranger things have happened . That does
happen quite frequently . I 'm not saying it 's going to happen in each case . II
I honestly don 't know but we do this as a standard routine for that reason.
Steve Peterson: One thing I 'd like to say , they said that this road was
proposed . In the 1st Addition or something they had a different plat map
that they showed us and there was just one big lot . There was no Gray Fox 11
Lane that we know of and it was a big area . We saw something different
that 's not been recorded . I 've been looking through everything that I
could find and I can 't see it but Rottlund had a different kind of plat map
that showed our lot , a lot next to us and the lot next to it . That was a II
lot , that road at one time and that 's what we got to see when we first
built . Now I realize the plat was never recorded and it was maybe just a
drawing or something but we had no idea Gray Fox Lane was going in until
they put it in and our house was in there before that lane was put in .
Sharon Peterson: And all of the other neighbors that we've spoken to
thought the same thing . In fact , not the contractor but the representative II
from Rottlund, when we built our house actually said to us , they might put
a road in there but the soil behind your house where they 're proposing to
build those 4 houses or 5 houses need a lot of correction and we don 't
think it will ever go in . . .
Workman: Was that a . . .3rd Addition?
Krauss: Gray Fox? Well it was there . I 'm pretty sure it was there when
this lot was platted . It was platted with the right-of-way for a street
I
II Board of Adjustment and Appeals
July 8 , 1991 - Page 3
stubbed in to serve future development .
I Steve Peterson: From the beginning , the first plat was just an outlot
wasn 't it with our lot not even being in it .
Krauss: Well that 's probably true . That 's how subdivisions are done . You
get the overall plat .
Steve Peterson: In our little area maybe we 've got about 6 or 7 houses .
1 On that original 1st Addition you know , it 's just an outlot .
• Krauss: And I don 't know what they showed you or what you saw but it could
well be they pulled up an earlier one .
Steve Peterson: I 'm sure it 's not the City 's fault in that case but I just
want to tell you that we had no idea . You 're talking like we knew this
II road was going in there . We really didn 't . Not until our house was on the
ground .
I Sharon Peterson: And the very next year . Next spring they started putting
in the road . That 's when we knew the road was going in . I have some
pictures of our house also . This is the back of the house and this is the
II side . Here the proposal said that they 'd recommend that we hire an
architect to figure out a way to pull the deck . . .our house but as you can
see the . . . If you put a deck in the back of our house , you 're going to
cover up the windows . The only other thing we could do maybe was to have
I major construction done . Take these two windows out and put a door here
but in order to get to that deck , we would have to walk through our dining
room , up a flight of stairs and through the living room to get to the deck .
I I don 't know about any of you but I don 't want to be carrying . . . That 's
the other thing . There 's absolutely no mention in this report that the
City approved this house on this lot with a door on the house .
IIWatson : At this point the house fits on the lot .
Sharon Peterson: Okay but there 's no other place in our house or on that
1 lot to put a second exit in . Isn 't there a rule or something about you
have to have two exits in a dwelling?
Watson: Do you have one through the garage?
Sharon Peterson: Yeah . Here 's the front door and the garage door 's right
there . If this door 's inaccessible because of a fire , this door certainly
11 will be too . They 're 3 feet apart .
Watson: That is two exits?
IIKrauss: I 'm not sure . I wouldn 't be the one to interpret the Building
Code .
1 Steve Peterson: It 's a door going into the garage .
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Board of Adjustment and Appeals I
July 8 , 1991 - Page 4
Watson: I think that 's considered a second exit to a home . I think I 've II
asked that question before .
Johnson: This Board has never been happy with these smaller developments . I
Steve Peterson: We 've heard this before too but we hope , we 're trying to
build on a small cul-de-sac . You know our neighbors are behind us .
Nobody 's here to really object to us tonight .
Johnson: These aren 't your neighbors?
. Sharon Peterson: No . None of them are here .
Watson: You won 't be the first person that a developer . . . That 's not
uncommon .
Sharon Peterson: But don 't you think that the City . . .approve these plans? II
I mean there 's no place to put a deck on this house . Not the way that
house is built on that lot . If we had picked a different lot , which I
think there was only three lots left in the whole development when we built II
our house , we could have had walkout .
Watson: See if the deck wasn 't on the plan , the assumption could have been
made that the doors do go outside .
Sharon Peterson: Yeah but there 's a drop like this far .
Watson: I understand that but I mean they do go , the door goes , it is
actually possible to exit . What can be done . . . .deck on ground level . How
close can we come if they were to put something at ground level? Not a
deck . . .ground level .
Sharon Peterson: Well it almost would be a ground level deck . The step
down from the kitchen is about this far . I
Watson: What 's the difference?
}Krauss: Commissioner Watson I think you 're referring to the part of the
ordinance that allows accessory structures to intrude 5 feet into a side
lot line . Side or rear? Side . It doesn 't apply to a front . '
Watson: That is what I was thinking of .
Workman: If you look ahead to the next item on our agenda , there 's a
request for a lot smaller than yours and so . . .back in here realistically . . . I/
in a couple of years . . . It 's kind of tough for the City to take the blame
yet they take blame for presumably a good builder like Rottlund . Since •
I 've been on the Council we 've been trying very hard to make sure that
these kind of things do not happen because they 're just happening . . .and
that 's Rottlund also .
Sharon Peterson: Rottlund used to build decks too . That 's probably why .
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IIBoard of Adjustment and Appeals
July 8 , 1991 - Page 5
Workman: It 's in court right now . . . I drove by there this morning very
early and it jumps out . The first thing that comes to mind and a whole
I array of other variances that we maybe said no to because they jut into the
setback and it 's a very difficult situation . I empathize with the entire
situation because we , these guys more than I have seen it literally a
I hundred times . That doesn 't make it any easier and I just don 't know what
the solution is other than , and we 've gone over and over and over that the
wordage of a front yard . I remember the Colby 's . We went over front yard
because they had literally a pie shaped lot . Now what is the front
I yard? They even had big trees on the lot and everything else . . . I really
don 't know what to say .
I Watson: Well the easement also is property . I mean it 's not like there 's
this front yard . . . There 's an easement there and .
Workman: Well how much room is on the side here? This is a front yard so
we 're saying it 's got to be 30 feet?
Krauss: No , no . It 's a PUD so it 's . . .20 .
IWorkman : So it 's 20 feet from .
' Watson: From the property line . So there 's nothing . You don 't even have
a couple feel to deal with . There 's no way . . . We can 't change the
easement .
IJohnson: Someday we might need the easement .
Watson : Well it 's 8 feet from the street .
ISteve Peterson: 18 .
I Sharon Peterson: It 's 8 feet from the property line . Not 8 feet from the
street . So that edge of the porch and deck would be 18 feet from the
street .
ISteve Peterson: You 're going into a cul-de-sac though . It 's not like .
Watson: But the trails go through . They go out the other side . You see
Ithem going to Pleasant View .
Steve Peterson: Through the yards?
1 Watson: Yeah.
Sharon Peterson: We put a sidewalk down our street , across the street and
Ithrough somebody 's yard . . .
Steve Peterson: This is just like a big cul-de-sac . I don 't think you 'd
Iever have that problem , or a trail .
Johnson: . . .I 've seen so much change in this city . Look right down here
on Frontier . . . It 's a sidewalk .
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Board of Adjustment and Appeals
July 8 , 1991 - Page 6
Watson: I don 't know how to solve the problem which happens repeatedly .
I mean how do you deal with developers? If you don 't tell them .
Johnson: . . . I guess I 'm of the opinion . II
Al-Jaff : Today we are checking the plans in a different manner . I
Watson: And if there were a door like that she would .
Krauss : We would require them to eliminate it . If there was no way to get II
a deck in , we 'd tell them to take the door out . We 've been doing that for
approximately the last year and a half , two years . Also since we 've had
these experiences with residential PUD's , the City has shied away from
doing that under any circumstances . We 're now investigating expanding the II
PUD 's back in residential areas but we have a lot of provisions to cover
problems such as this and cut them off before they occur . We 're still left I
with putting our fingers in the dike from all the holes that we have with
the existing homes out there and trying to work out something equitable
that we can but this is a very tough lot to do that .
Watson: We don 't have any means . . .to recommend .
Steve Peterson: What 's happened in the past? . . .some folks first home .
It 's their first home . . .wall to wall buildings and didn 't allow for a deck . II
Build the biggest home on the lot and by the time you get the deck on , the
builder says hey , consider it done .
Sharon Peterson: We asked Rottlund if they would build a deck and they
told us no . They didn 't fool around with decks . The reason we didn 't do
this sooner was because we didn 't have the money .
Watson: That 's usually the case .
Sharon Peterson: . . .and had Rottlund do it we would have it done at the
time of the house .
Workman: I 'm in the process of , I sold my old home and I 'm going to build II
a home . I have an advantage because I have the Code book .
Watson: Yeah , don 't you dare come in for a variance . '
Workman: I will be building a house here so I have the advantage of you 're
not ignorant because it 's very difficult and you did put your trust . I II know what questions to ask the builder and it 's very simple for me . It 's
not for common people and that 's why , I don't mean that as a slight comment
or something but that 's why 2 years ago and that 's why this is an
unfriendly job and that 's why 2 years ago we said we 've got to knock this
off . If these continue to trickle in because of what 's been done , what
control do we have over the builder . The twin homes up on Pontiac , they
all complain that they 've got basements . . . Well I guess we can try to
follow the builder and not let him build here anymore . There 's not a whole
lot that we can do .
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IIBoard of Adjustment and Appeals
July 8 , 1991 - Page 7
Watson: And Rottlund is a good builder . You see his name all over the
place . You 'd think that they would know . They 're not ignorant .
IWorkman: No . But they 're trying to squeeze more house onto a lot .
1 Watson : We allowed them small lots which gives them the opportunity .
Workman: So I guess I don 't have a solution for you because this would
outweigh just about any precedent I think we would set with that part of
it .
Watson: And we can 't build . : .
1 Workman : I don 't think we 've ever done that .
I Sharon Peterson: Can I ask a question here about this easement? What if
we were to put in a cement patio . I called this morning and I found out
that you don 't need a permit to build a cement patio . Wouldn 't it be
harder to do something about these utility easements and drainage easements
1 if we had a cement patio- in there?
Watson: The only person it would cost any money if you put a cement patio
on an easement and they did something is you . They could go right through
it .
Workman: But as far as the front yard setback and a patio , cement patio ,
it 's not allowed .
Sharon Peterson: So we won 't be able to do anything with the front yard at
I all?
Johnson: It 's considered a front yard on both sides .
IIWatson : Any corner lot . Anything that abuts the street .
Johnson: To be honest when I built , I always though I wish I bought that
I
corner lot . . .sitting on the Board and seeing all the problems , I 'm always
glad I didn 't have that corner lot .
Watson: Do you want a motion?
Johnson: I 'll take a motion .
IWatson: With regret I make a motion to deny the 12 foot front yard setback
variance for a porch and deck , 180 Fox Hollow Drive .
IWorkman: Second .
Carol Watson moved, Tom Workman seconded to deny a 12 foot front yard
1 variance for construction of a porch and deck located at 180 Fox Hollow.
All voted in favor and the motion carried unanimously.
Johnson: You have the right to appeal to the Council .
I